| 1 | Representative Proctor offered the following: | 
| 2 | 
 | 
| 3 | Amendment (with title amendment) | 
| 4 | Remove everything after the enacting clause and insert: | 
| 5 | Section 1.  Paragraph (k) is added to subsection (2) of | 
| 6 | section 627.062, Florida Statutes, to read: | 
| 7 | 627.062  Rate standards.-- | 
| 8 | (2)  As to all such classes of insurance: | 
| 9 | (k)1.  Insurers complying with the requirements of s. | 
| 10 | 627.7031 may use a rate in excess of the otherwise applicable | 
| 11 | filed rate. | 
| 12 | 2.  Policies subject to this paragraph may not be counted | 
| 13 | in the calculation under s. 627.171(2). | 
| 14 | 3.  Such rates shall be filed with the office. This | 
| 15 | paragraph does not affect the authority of the office to | 
| 16 | disapprove a rate as inadequate or to disapprove a rate filing | 
| 17 | for using a rating factor that is unlawful under s. 626.9541(1). | 
| 18 | Upon finding that an insurer has used a rating factor that is | 
| 19 | unlawful under s. 626.9541(1), the office may direct the insurer | 
| 20 | to make a filing for rates governed by this paragraph and which | 
| 21 | do not use such rating factor. | 
| 22 | 
 | 
| 23 | The provisions of this subsection shall not apply to workers' | 
| 24 | compensation and employer's liability insurance and to motor | 
| 25 | vehicle insurance. | 
| 26 | Section 2.  Section 627.7031, Florida Statutes, is created | 
| 27 | to read: | 
| 28 | 627.7031  Residential property insurance option.-- | 
| 29 | (1)  An insurer may offer or renew policies at rates | 
| 30 | established in accordance with s. 627.062(2)(k) if all of the | 
| 31 | following conditions are met: | 
| 32 | (a)  The insurer is authorized to write property insurance | 
| 33 | in this state. | 
| 34 | (b)1.  The insurer has, at the time of issuance of the | 
| 35 | policy or at the time of first renewal at rates pursuant to s. | 
| 36 | 627.062(2)(k), surplus as to policyholders equal to or greater | 
| 37 | than $500 million as calculated based on the information in the | 
| 38 | insurer's most recent annual statement; or | 
| 39 | 2.  The insurer has, at the time of issuance of the policy | 
| 40 | or at the time of first renewal at rates pursuant to s. | 
| 41 | 627.062(2)(k), a surplus as to policyholders equal to or greater | 
| 42 | than $200 million and a ratio of net written premium to its | 
| 43 | surplus as to policyholders, as calculated based on the | 
| 44 | information in the insurer's most recent annual statement, not | 
| 45 | exceeding two to one. For purposes of this subparagraph, the | 
| 46 | calculation of net written premium shall consider only | 
| 47 | reinsurance placed pursuant to s. 215.555(4) and with reinsurers | 
| 48 | or direct insurers that have been given a financial strength | 
| 49 | rating of "A-minus" or better by A.M. Best Company, or have been | 
| 50 | given a comparable rating by another rating agency which is | 
| 51 | generally considered accurate or acceptable. | 
| 52 | (c)  The insurer may not purchase coverage relating to | 
| 53 | temporary increase in coverage limit options under s. | 
| 54 | 215.555(17) from the Florida Hurricane Catastrophe Fund. | 
| 55 | (d)  Before the issuance or renewal of a policy at rates | 
| 56 | established in accordance with s. 627.062(2)(k), the applicant | 
| 57 | or insured must be given the following notice, printed in at | 
| 58 | least 12-point boldfaced type: | 
| 59 | 
 | 
| 60 | THE RATE FOR THIS POLICY IS NOT REGULATED BY THE FLORIDA | 
| 61 | OFFICE OF INSURANCE REGULATION AND MAY BE HIGHER THAN RATES | 
| 62 | APPROVED BY THAT OFFICE. A RESIDENTIAL PROPERTY POLICY SUBJECT | 
| 63 | TO FULL RATE REGULATION REQUIREMENTS MAY BE AVAILABLE FROM | 
| 64 | ANOTHER INSURER OR CITIZENS PROPERTY INSURANCE CORPORATION. | 
| 65 | PLEASE DISCUSS YOUR POLICY OPTIONS WITH AN INSURANCE AGENT. YOU | 
| 66 | MAY WISH TO VIEW THE OFFICE OF INSURANCE REGULATION'S WEBSITE | 
| 67 | WWW.SHOPANDCOMPARERATES.COM FOR MORE INFORMATION ABOUT CHOICES | 
| 68 | AVAILABLE TO YOU. | 
| 69 | 
 | 
| 70 | (e)  Before the issuance of a policy at a rate established | 
| 71 | in accordance with s. 627.062(2)(k), or before the first renewal | 
| 72 | at such rate of a policy originally issued before the effective | 
| 73 | date of this section, the applicant or insured must: | 
| 74 | 1.  Be given a quote for a policy from Citizens Property | 
| 75 | Insurance Corporation, or for a fully rate-regulated policy from | 
| 76 | an admitted insurer willing to insure the risk, reflecting | 
| 77 | substantially similar coverages, limits, and deductibles to the | 
| 78 | extent available. | 
| 79 | 2.  Sign the following acknowledgement form, which must be | 
| 80 | retained by the insurer or agent for at least 3 years. If the | 
| 81 | acknowledgement form is signed by the insured, it is presumed | 
| 82 | that the insured has been informed and understands the form: | 
| 83 | 
 | 
| 84 | ACKNOWLEDGEMENT | 
| 85 | 1.  I HAVE REVIEWED THE REQUIRED DISCLOSURES AND THE | 
| 86 | REQUIRED PREMIUM COMPARISON. | 
| 87 | 2.  I UNDERSTAND THAT THE RATE FOR THIS RESIDENTIAL | 
| 88 | PROPERTY INSURANCE POLICY IS NOT REGULATED BY THE FLORIDA OFFICE | 
| 89 | OF INSURANCE REGULATION AND MAY BE HIGHER THAN RATES APPROVED BY | 
| 90 | THAT OFFICE. | 
| 91 | 3.  I UNDERSTAND THAT A RESIDENTIAL PROPERTY INSURANCE | 
| 92 | POLICY SUBJECT TO FULL RATE REGULATION REQUIREMENTS MAY BE | 
| 93 | AVAILABLE FROM ANOTHER INSURER OR CITIZENS PROPERTY INSURANCE | 
| 94 | CORPORATION. | 
| 95 | 4.  I UNDERSTAND THAT THE FLORIDA OFFICE OF INSURANCE | 
| 96 | REGULATION'S WEBSITE WWW.SHOPANDCOMPARERATES.COM CONTAINS | 
| 97 | RESIDENTIAL PROPERTY INSURANCE RATE COMPARISON INFORMATION. | 
| 98 | 5.  I UNDERSTAND THAT SHOULD A HURRICANE CAUSE SEVERE | 
| 99 | DAMAGE IN FLORIDA, A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE | 
| 100 | CORPORATION MAY BE REQUIRED TO PAY A HIGHER ASSESSMENT THAN THE | 
| 101 | ASSESSMENT OTHERWISE APPLICABLE TO THIS RESIDENTIAL PROPERTY | 
| 102 | INSURANCE POLICY. | 
| 103 |  | 
| 104 | (2)  For policies renewed at a rate established in | 
| 105 | accordance with s. 627.062(2)(k), the notice described in | 
| 106 | paragraph (1)(d) must be furnished in writing at the same time | 
| 107 | as the renewal notice on a document separate from the renewal | 
| 108 | notice, but may be contained within the same mailing as the | 
| 109 | renewal notice. | 
| 110 | (3)  This section does not apply to residential property | 
| 111 | insurance policies that exclude coverage for the perils of | 
| 112 | windstorm or hurricane. | 
| 113 | (4)  Notwithstanding s. 627.4133, an insurer issuing a | 
| 114 | policy under this section shall provide the named insured | 
| 115 | written notice of nonrenewal, cancellation, or termination at | 
| 116 | least 180 days before the effective date of the nonrenewal, | 
| 117 | cancellation, or termination. | 
| 118 | Section 3.  This act shall take effect upon becoming a law. | 
| 119 | 
 | 
| 120 | ----------------------------------------------------- | 
| 121 | T I T L E  A M E N D M E N T | 
| 122 | Remove the entire title and insert: | 
| 123 | A bill to be entitled | 
| 124 | An act relating to residential property insurance; amending s. | 
| 125 | 627.062, F.S.; authorizing certain insurers to use a rate in | 
| 126 | excess of the otherwise applicable filed rate; prohibiting the | 
| 127 | consideration of certain policies when making a specified | 
| 128 | calculation; preserving the authority of the Office of Insurance | 
| 129 | Regulation to disapprove rates as inadequate or disapprove a | 
| 130 | rate filing for using an unlawful rating factor; authorizing the | 
| 131 | office to direct an insurer to make a specified type of rate | 
| 132 | filing under certain circumstances; creating s. 627.7031, F.S.; | 
| 133 | authorizing an insurer to offer or renew policies at rates | 
| 134 | established in accordance with specified provisions of state law | 
| 135 | if certain conditions are met; requiring that certain policies | 
| 136 | contain a specified notice; providing for applicability; | 
| 137 | requiring written notice of nonrenewal, cancellation, or | 
| 138 | termination; providing an effective date. |