Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. HB 7031
                        Barcode 692846
                            CHAMBER ACTION
              Senate                               House
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 1                                 .         C          
                                   .         05/03/2007 18:07:09
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 3         Floor: AD/2R            .                    
       04/12/2007 03:11 PM         .                    
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11  Senators Fasano, Margolis, and Deutch moved the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         On line 51,
16  
17  insert:  
18         Section 1.  Paragraph (c) of subsection (2) of section
19  215.555, Florida Statutes, as amended by section 2 of chapter
20  2007-1, Laws of Florida, is amended to read:
21         215.555  Florida Hurricane Catastrophe Fund.--
22         (2)  DEFINITIONS.--As used in this section:
23         (c)  "Covered policy" means any insurance policy
24  covering residential property in this state, including, but
25  not limited to, any homeowner's, mobile home owner's, farm
26  owner's, condominium association, condominium unit owner's,
27  tenant's, or apartment building policy, or any other policy
28  covering a residential structure or its contents issued by any
29  authorized insurer, including a commercial self-insurance fund
30  holding a certificate of authority issued by the Office of
31  Insurance Regulation under s. 624.462, the Citizens Property
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7031 Barcode 692846 1 Insurance Corporation, and any joint underwriting association 2 or similar entity created under pursuant to law. The term 3 "covered policy" includes any collateral protection insurance 4 policy covering personal residences which protects both the 5 borrower's and the lender's financial interests, in an amount 6 at least equal to the coverage for the dwelling in place under 7 the lapsed homeowner's policy, if such policy can be 8 accurately reported as required in subsection (5). 9 Additionally, covered policies include policies covering the 10 peril of wind removed from the Florida Residential Property 11 and Casualty Joint Underwriting Association or from the 12 Citizens Property Insurance Corporation, created under 13 pursuant to s. 627.351(6), or from the Florida Windstorm 14 Underwriting Association, created under pursuant to s. 15 627.351(2), by an authorized insurer under the terms and 16 conditions of an executed assumption agreement between the 17 authorized insurer and such association or Citizens Property 18 Insurance Corporation. Each assumption agreement between the 19 association and such authorized insurer or Citizens Property 20 Insurance Corporation must be approved by the Office of 21 Insurance Regulation before prior to the effective date of the 22 assumption, and the Office of Insurance Regulation must 23 provide written notification to the board within 15 working 24 days after such approval. "Covered policy" does not include 25 any policy that excludes wind coverage or hurricane coverage 26 or any reinsurance agreement and does not include any policy 27 otherwise meeting this definition which is issued by a surplus 28 lines insurer or a reinsurer. All commercial residential 29 excess policies and all deductible buy-back policies that, 30 based on sound actuarial principles, require individual 31 ratemaking shall be excluded by rule if the actuarial 2 2:49 PM 04/11/07 h703100c-seg1-b1a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7031 Barcode 692846 1 soundness of the fund is not jeopardized. For this purpose, 2 the term "excess policy" means a policy that provides 3 insurance protection for large commercial property risks and 4 that provides a layer of coverage above a primary layer 5 insured by another insurer. 6 Section 2. Subsections (2) and (5) of section 624.462, 7 Florida Statutes, as amended, by section 12 of chapter 2007-1, 8 Laws of Florida, are amended to read: 9 624.462 Commercial self-insurance funds.-- 10 (2) As used in ss. 624.460-624.488, "commercial 11 self-insurance fund" or "fund" means a group of members, 12 operating individually and collectively through a trust or 13 corporation, that must be: 14 (a) Established by: 15 1. A not-for-profit trade association, industry 16 association, or professional association of employers or 17 professionals which has a constitution or bylaws, which is 18 incorporated under the laws of this state, and which has been 19 organized for purposes other than that of obtaining or 20 providing insurance and operated in good faith for a 21 continuous period of 1 year; 22 2. A self-insurance trust fund organized pursuant to 23 s. 627.357 and maintained in good faith for a continuous 24 period of 1 year for purposes other than that of obtaining or 25 providing insurance pursuant to this section. Each member of a 26 commercial self-insurance trust fund established pursuant to 27 this subsection must maintain membership in the self-insurance 28 trust fund organized pursuant to s. 627.357; 29 3. A group of 10 or more health care providers, as 30 defined in s. 627.351(4)(h), for purposes of providing medical 31 malpractice coverage; or 3 2:49 PM 04/11/07 h703100c-seg1-b1a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7031 Barcode 692846 1 4. A not-for-profit group comprised of one or more 2 community associations responsible for operating at least 50 3 residential parcels or units created and operating under 4 chapter 718, chapter 719, chapter 720, chapter 721, or chapter 5 723 which restricts its membership to community associations 6 only and which has been organized and maintained in good faith 7 for the purpose of pooling and spreading the liabilities of 8 its group members relating to property or casualty risk or 9 surety insurance which, in accordance with applicable 10 provisions of part I of chapter 626, appoints resident general 11 lines agents only, and which does not prevent, impede, or 12 restrict any applicant or fund participant from maintaining or 13 selecting an agent of choice. The fund may not refuse to 14 appoint the agent of record for any fund applicant or fund 15 member and may not favor one or more such appointed agents 16 over other appointed agents. 17 (b)1. In the case of funds established pursuant to 18 subparagraph (a)2. or subparagraph (a)4., operated pursuant to 19 a trust agreement by a board of trustees which shall have 20 complete fiscal control over the fund and which shall be 21 responsible for all operations of the fund. The majority of 22 the trustees shall be owners, partners, officers, directors, 23 or employees of one or more members of the fund. The trustees 24 shall have the authority to approve applications of members 25 for participation in the fund and to contract with an 26 authorized administrator or servicing company to administer 27 the day-to-day affairs of the fund. 28 2. In the case of funds established pursuant to 29 subparagraph (a)1. or subparagraph (a)3., operated pursuant to 30 a trust agreement by a board of trustees or as a corporation 31 by a board of directors which board shall: 4 2:49 PM 04/11/07 h703100c-seg1-b1a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7031 Barcode 692846 1 a. Be responsible to members of the fund or 2 beneficiaries of the trust or policyholders of the 3 corporation; 4 b. Appoint independent certified public accountants, 5 legal counsel, actuaries, and investment advisers as needed; 6 c. Approve payment of dividends to members; 7 d. Approve changes in corporate structure; and 8 e. Have the authority to contract with an 9 administrator authorized under s. 626.88 to administer the 10 day-to-day affairs of the fund including, but not limited to, 11 marketing, underwriting, billing, collection, claims 12 administration, safety and loss prevention, reinsurance, 13 policy issuance, accounting, regulatory reporting, and general 14 administration. The fees or compensation for services under 15 such contract shall be comparable to the costs for similar 16 services incurred by insurers writing the same lines of 17 insurance, or where available such expenses as filed by 18 boards, bureaus, and associations designated by insurers to 19 file such data. A majority of the trustees or directors shall 20 be owners, partners, officers, directors, or employees of one 21 or more members of the fund. 22 (5) A commercial self-insurance fund created under 23 subparagraph (2)(a)4. shall be an insurer for the purpose of 24 any assessments levied by the Florida Hurricane Catastrophe 25 Fund as provided under s. 215.555 or by the Citizens Property 26 Insurance Corporation as provided under s. 627.351(6)(b)3. The 27 office shall establish the method for determining the imputed 28 premium that is subject to any such assessment. must 29 participate in the Florida Self-Insurance Fund Guaranty 30 Association. 31 5 2:49 PM 04/11/07 h703100c-seg1-b1a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7031 Barcode 692846 1 (Redesignate subsequent sections.) 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On line 2, delete that line 7 8 and insert: 9 An act relating to real property; amending s. 10 215.555, F.S.; redefining the term "covered 11 policy" for purposes of the Florida Hurricane 12 Catastrophe Fund to include commercial 13 self-insurance funds; amending s. 624.462, 14 F.S.; providing that any applicant or fund 15 participant may select an agent of choice 16 without restriction by the fund; providing that 17 a commercial self-insurance fund shall be an 18 insurer for the purpose of assessments levied 19 by the Florida Hurricane Catastrophe Fund or 20 Citizens Property Insurance Group; requiring 21 the office to establish the method for 22 determining the inputted premium that is 23 subject to assessment; amending s. 24 25 26 27 28 29 30 31 6 2:49 PM 04/11/07 h703100c-seg1-b1a