Senate Bill sb1248

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1248

    By Senator Fasano





    11-934-06                                           See HB 223

  1                      A bill to be entitled

  2         An act relating to Citizens Property Insurance

  3         Corporation residential property insurance

  4         rates; amending s. 627.351, F.S.; providing

  5         additional legislative intent relating to

  6         coverage rates provided by the Citizens

  7         Property Insurance Corporation; specifying

  8         nonapplication of certain policy requirements

  9         in postal zip code areas lacking any

10         competition for personal lines residential

11         policies under certain circumstances; requiring

12         the Financial Services Commission to adopt

13         rules; requiring the Office of Insurance

14         Regulation to periodically determine and

15         identify postal zip code areas in which no

16         competition exists for personal lines

17         residential policies; deleting an obsolete rate

18         methodology panel reporting requirement

19         provision; providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Paragraph (d) of subsection (6) of section

24  627.351, Florida Statutes, is amended to read:

25         627.351  Insurance risk apportionment plans.--

26         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

27         (d)1.  It is the intent of the Legislature that the

28  rates for coverage provided by the corporation be actuarially

29  sound and not competitive with approved rates charged in the

30  admitted voluntary market, so that the corporation functions

31  as a residual market mechanism to provide insurance only when

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    Florida Senate - 2006                                  SB 1248
    11-934-06                                           See HB 223




 1  the insurance cannot be procured in the voluntary market.

 2  Rates shall include an appropriate catastrophe loading factor

 3  that reflects the actual catastrophic exposure of the

 4  corporation.

 5         2.a.  Except as provided in subparagraph 3., for each

 6  county, the average rates of the corporation for each line of

 7  business for personal lines residential policies excluding

 8  rates for wind-only policies shall be no lower than the

 9  average rates charged by the insurer that had the highest

10  average rate in that county among the 20 insurers with the

11  greatest total direct written premium in the state for that

12  line of business in the preceding year, except that with

13  respect to mobile home coverages, the average rates of the

14  corporation shall be no lower than the average rates charged

15  by the insurer that had the highest average rate in that

16  county among the 5 insurers with the greatest total written

17  premium for mobile home owner's policies in the state in the

18  preceding year.

19         b.3.  Rates for personal lines residential wind-only

20  policies must be actuarially sound and not competitive with

21  approved rates charged by authorized insurers. Corporation

22  rate manuals shall include a rate surcharge for seasonal

23  occupancy. To ensure that personal lines residential wind-only

24  rates are not competitive with approved rates charged by

25  authorized insurers, the corporation, in conjunction with the

26  office, shall develop a wind-only ratemaking methodology,

27  which methodology shall be contained in each rate filing made

28  by the corporation with the office. If the office determines

29  that the wind-only rates or rating factors filed by the

30  corporation fail to comply with the wind-only ratemaking

31  methodology provided for in this subsection, it shall so

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    Florida Senate - 2006                                  SB 1248
    11-934-06                                           See HB 223




 1  notify the corporation and require the corporation to amend

 2  its rates or rating factors to come into compliance within 90

 3  days of notice from the office.

 4         3.  The provisions of sub-subparagraph 2.a. do not

 5  apply to coverage provided by the corporation in any area of a

 6  postal zip code for which the office determines that no

 7  competition exists for personal lines residential policies.

 8  The provisions of sub-subparagraph 2.b. do not apply to

 9  coverage provided by the corporation in any area of a postal

10  zip code for which the office determines that no competition

11  exists for personal lines residential policies in the portion

12  of the area of that postal zip code which is eligible for

13  wind-only coverage. In such postal zip code areas, the rates

14  for personal lines residential coverage must only be

15  actuarially sound and not excessive, inadequate, or unfairly

16  discriminatory and are subject to the other provisions of this

17  paragraph and s. 627.062. The commission shall adopt rules

18  establishing criteria for determining whether no competition

19  exists for personal lines residential policies in an area of a

20  postal zip code. Beginning October 1, 2006, and each 3 months

21  thereafter, the office shall determine and identify for

22  purposes of this subparagraph those areas of postal zip codes

23  for which no competition exists for personal lines residential

24  policies.

25         4.  For the purposes of establishing a pilot program to

26  evaluate issues relating to the availability and affordability

27  of insurance in an area where historically there has been

28  little market competition, the provisions of sub-subparagraph

29  2.a. subparagraph 2. do not apply to coverage provided by the

30  corporation in Monroe County if the office determines that a

31  reasonable degree of competition does not exist for personal

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    Florida Senate - 2006                                  SB 1248
    11-934-06                                           See HB 223




 1  lines residential policies. The provisions of sub-subparagraph

 2  2.b. subparagraph 3. do not apply to coverage provided by the

 3  corporation in Monroe County if the office determines that a

 4  reasonable degree of competition does not exist for personal

 5  lines residential policies in the area of that county which is

 6  eligible for wind-only coverage. In this county, the rates for

 7  personal lines residential coverage shall be actuarially sound

 8  and not excessive, inadequate, or unfairly discriminatory and

 9  are subject to the other provisions of the paragraph and s.

10  627.062. The commission shall adopt rules establishing the

11  criteria for determining whether a reasonable degree of

12  competition exists for personal lines residential policies in

13  Monroe County. By March 1, 2006, the office shall submit a

14  report to the Legislature providing an evaluation of the

15  implementation of the pilot program affecting Monroe County.

16         5.  Rates for commercial lines coverage shall not be

17  subject to the requirements of sub-subparagraph 2.a.

18  subparagraph 2., but shall be subject to all other

19  requirements of this paragraph and s. 627.062.

20         6.  Nothing in this paragraph shall require or allow

21  the corporation to adopt a rate that is inadequate under s.

22  627.062.

23         7.  The corporation shall certify to the office at

24  least twice annually that its personal lines rates comply with

25  the requirements of this paragraph subparagraphs 1. and 2. If

26  any adjustment in the rates or rating factors of the

27  corporation is necessary to ensure such compliance, the

28  corporation shall make and implement such adjustments and file

29  its revised rates and rating factors with the office. If the

30  office thereafter determines that the revised rates and rating

31  factors fail to comply with the provisions of this paragraph

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    Florida Senate - 2006                                  SB 1248
    11-934-06                                           See HB 223




 1  subparagraphs 1. and 2., the office it shall notify the

 2  corporation and require the corporation to amend its rates or

 3  rating factors in conjunction with its next rate filing. The

 4  office must notify the corporation by electronic means of any

 5  rate filing it approves for any insurer among the insurers

 6  referred to in sub-subparagraph 2.a subparagraph 2.

 7         8.  In addition to the rates otherwise determined

 8  pursuant to this paragraph, the corporation shall impose and

 9  collect an amount equal to the premium tax provided for in s.

10  624.509 to augment the financial resources of the corporation.

11         9.a.  To assist the corporation in developing

12  additional ratemaking methods to ensure assure compliance with

13  this paragraph subparagraphs 1. and 4., the corporation shall

14  appoint a rate methodology panel consisting of one person

15  recommended by the Florida Association of Insurance Agents,

16  one person recommended by the Professional Insurance Agents of

17  Florida, one person recommended by the Florida Association of

18  Insurance and Financial Advisors, one person recommended by

19  the insurer with the highest voluntary market share of

20  residential property insurance business in the state, one

21  person recommended by the insurer with the second-highest

22  voluntary market share of residential property insurance

23  business in the state, one person recommended by an insurer

24  writing commercial residential property insurance in this

25  state, one person recommended by the Office of Insurance

26  Regulation, and one board member designated by the board

27  chairman, who shall serve as chairman of the panel.

28         b.  By January 1, 2004, the rate methodology panel

29  shall provide a report to the corporation of its findings and

30  recommendations for the use of additional ratemaking methods

31  and procedures, including the use of a rate equalization

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    Florida Senate - 2006                                  SB 1248
    11-934-06                                           See HB 223




 1  surcharge in an amount sufficient to assure that the total

 2  cost of coverage for policyholders or applicants to the

 3  corporation is sufficient to comply with subparagraph 1.

 4         c.  Within 30 days after such report, the corporation

 5  shall present to the President of the Senate, the Speaker of

 6  the House of Representatives, the minority party leaders of

 7  each house of the Legislature, and the chairs of the standing

 8  committees of each house of the Legislature having

 9  jurisdiction of insurance issues, a plan for implementing the

10  additional ratemaking methods and an outline of any

11  legislation needed to facilitate use of the new methods.

12         d.  The plan must include a provision that producer

13  commissions paid by the corporation shall not be calculated in

14  such a manner as to include any rate equalization surcharge.

15  However, without regard to the plan to be developed or its

16  implementation, producer commissions paid by the corporation

17  for each account, other than the quota share primary program,

18  shall remain fixed as to percentage, effective rate,

19  calculation, and payment method until January 1, 2004.

20         10.  By January 1, 2004, The corporation shall develop

21  a notice to policyholders or applicants that the rates of

22  Citizens Property Insurance Corporation are intended to be

23  higher than the rates of any admitted carrier and providing

24  other information the corporation deems necessary to assist

25  consumers in finding other voluntary admitted insurers willing

26  to insure their property.

27         Section 2.  This act shall take effect July 1, 2006.

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