| 1 | A bill to be entitled |
| 2 | An act relating to insurance; amending s. 215.555, F.S.; |
| 3 | extending application of provisions relating to temporary |
| 4 | increase in coverage limit operations for the Florida |
| 5 | Hurricane Catastrophe Fund; providing additional |
| 6 | reimbursement requirements for temporary increase in |
| 7 | coverage addenda for additional contract years; amending |
| 8 | s. 627.351, F.S.; defining the term "actuarially sound |
| 9 | rates" for purposes of coverage by Citizens Property |
| 10 | Insurance Corporation; requiring the corporation to |
| 11 | implement certain rate increases each year; providing for |
| 12 | termination of such rate increase implementation under |
| 13 | certain circumstances; requiring the corporation to |
| 14 | transfer certain moneys to the General Revenue Fund; |
| 15 | providing for termination of such transfers under certain |
| 16 | circumstances; providing for appropriation of certain |
| 17 | transferred funds to the Insurance Regulatory Trust Fund |
| 18 | for certain purposes; requiring the My Safe Florida Home |
| 19 | Program to use certain funds for certain mitigation |
| 20 | grants; authorizing the department to establish a separate |
| 21 | account in the trust fund for accounting purposes; |
| 22 | providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Paragraphs (a), (c), (d), (e), and (g) of |
| 27 | subsection (17) of section 215.555, Florida Statutes, are |
| 28 | amended to read: |
| 29 | 215.555 Florida Hurricane Catastrophe Fund.-- |
| 30 | (17) TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.-- |
| 31 | (a) Findings and intent.-- |
| 32 | 1. The Legislature finds that: |
| 33 | a. Because of temporary disruptions in the market for |
| 34 | catastrophic reinsurance, many property insurers were unable to |
| 35 | procure sufficient amounts of reinsurance for the 2006 hurricane |
| 36 | season or were able to procure such reinsurance only by |
| 37 | incurring substantially higher costs than in prior years. |
| 38 | b. The reinsurance market problems were responsible, at |
| 39 | least in part, for substantial premium increases to many |
| 40 | consumers and increases in the number of policies issued by |
| 41 | Citizens Property Insurance Corporation. |
| 42 | c. It is likely that the reinsurance market disruptions |
| 43 | will not significantly abate prior to the 2007 hurricane season. |
| 44 | 2. It is the intent of the Legislature to create options |
| 45 | for insurers to purchase a temporary increased coverage limit |
| 46 | above the statutorily determined limit in subparagraph (4)(c)1., |
| 47 | applicable for the 2007, 2008, and 2009, 2010, 2011, 2012, 2013, |
| 48 | 2014, and 2015 hurricane seasons, to address market disruptions |
| 49 | and enable insurers, at their option, to procure additional |
| 50 | coverage from the Florida Hurricane Catastrophe Fund. |
| 51 | (c) Optional coverage.--For the contract year commencing |
| 52 | June 1, 2007, and ending May 31, 2008, the contract year |
| 53 | commencing June 1, 2008, and ending May 31, 2009, and the |
| 54 | contract year commencing June 1, 2009, and ending May 31, 2010, |
| 55 | the contract year commencing June 1, 2010, and ending May 31, |
| 56 | 2011, the contract year commencing June 1, 2011, and ending May |
| 57 | 31, 2012, the contract year commencing June 1, 2012, and ending |
| 58 | May 31, 2013, the contract year commencing June 1, 2013, and |
| 59 | ending May 31, 2014, the contract year commencing June 1, 2014, |
| 60 | and ending May 31, 2015, and the contract year commencing June |
| 61 | 1, 2015, and ending May 31, 2016, the board shall offer, for |
| 62 | each of such years, the optional coverage as provided in this |
| 63 | subsection. |
| 64 | (d) Additional definitions.--As used in this subsection, |
| 65 | the term: |
| 66 | 1. "FHCF" means Florida Hurricane Catastrophe Fund. |
| 67 | 2. "FHCF reimbursement premium" means the premium paid by |
| 68 | an insurer for its coverage as a mandatory participant in the |
| 69 | FHCF, but does not include additional premiums for optional |
| 70 | coverages. |
| 71 | 3. "Payout multiple" means the number or multiple created |
| 72 | by dividing the statutorily defined claims-paying capacity as |
| 73 | determined in subparagraph (4)(c)1. by the aggregate |
| 74 | reimbursement premiums paid by all insurers estimated or |
| 75 | projected as of calendar year-end. |
| 76 | 4. "TICL" means the temporary increase in coverage limit. |
| 77 | 5. "TICL options" means the temporary increase in coverage |
| 78 | options created under this subsection. |
| 79 | 6. "TICL insurer" means an insurer that has opted to |
| 80 | obtain coverage under the TICL options addendum in addition to |
| 81 | the coverage provided to the insurer under its FHCF |
| 82 | reimbursement contract. |
| 83 | 7. "TICL reimbursement premium" means the premium charged |
| 84 | by the fund for coverage provided under the TICL option. |
| 85 | 8. "TICL coverage multiple" means the coverage multiple |
| 86 | when multiplied by an insurer's reimbursement premium that |
| 87 | defines the temporary increase in coverage limit. |
| 88 | 9. "TICL coverage" means the coverage for an insurer's |
| 89 | losses above the insurer's statutorily determined claims-paying |
| 90 | capacity based on the claims-paying limit in subparagraph |
| 91 | (4)(c)1., which an insurer selects as its temporary increase in |
| 92 | coverage from the fund under the TICL options selected. A TICL |
| 93 | insurer's increased coverage limit options shall be calculated |
| 94 | as follows: |
| 95 | a. The board shall calculate and report to each TICL |
| 96 | insurer the TICL coverage multiples based on 12 options for |
| 97 | increasing the insurer's FHCF coverage limit. Each TICL coverage |
| 98 | multiple shall be calculated by dividing $1 billion, $2 billion, |
| 99 | $3 billion, $4 billion, $5 billion, $6 billion, $7 billion, $8 |
| 100 | billion, $9 billion, $10 billion, $11 billion, or $12 billion by |
| 101 | the total estimated aggregate FHCF reimbursement premiums for |
| 102 | the 2007-2008 contract year, the 2008-2009 contract year, and |
| 103 | the 2009-2010 contract year, the 2010-2011 contract year, the |
| 104 | 2011-2012 contract year, the 2012-2013 contract year, the 2013- |
| 105 | 2014 contract year, the 2014-2015 contract year, and the 2015- |
| 106 | 2016 contract year. |
| 107 | b. The TICL insurer's increased coverage shall be the FHCF |
| 108 | reimbursement premium multiplied by the TICL coverage multiple. |
| 109 | In order to determine an insurer's total limit of coverage, an |
| 110 | insurer shall add its TICL coverage multiple to its payout |
| 111 | multiple. The total shall represent a number that, when |
| 112 | multiplied by an insurer's FHCF reimbursement premium for a |
| 113 | given reimbursement contract year, defines an insurer's total |
| 114 | limit of FHCF reimbursement coverage for that reimbursement |
| 115 | contract year. |
| 116 | 10. "TICL options addendum" means an addendum to the |
| 117 | reimbursement contract reflecting the obligations of the fund |
| 118 | and insurers selecting an option to increase an insurer's FHCF |
| 119 | coverage limit. |
| 120 | (e) TICL options addendum.-- |
| 121 | 1. The TICL options addendum shall provide for |
| 122 | reimbursement of TICL insurers for covered events occurring |
| 123 | between June 1, 2007, and May 31, 2008, and between June 1, |
| 124 | 2008, and May 31, 2009, or between June 1, 2009, and May 31, |
| 125 | 2010, between June 1, 2010, and May 31, 2011, between June 1, |
| 126 | 2011, and May 31, 2012, between June 1, 2012, and May 31, 2013, |
| 127 | between June 1, 2013, and May 31, 2014, between June 1, 2014, |
| 128 | and May 31, 2015, or between June 1, 2015, and May 31, 2016, in |
| 129 | exchange for the TICL reimbursement premium paid into the fund |
| 130 | under paragraph (f). Any insurer writing covered policies has |
| 131 | the option of selecting an increased limit of coverage under the |
| 132 | TICL options addendum and shall select such coverage at the time |
| 133 | that it executes the FHCF reimbursement contract. |
| 134 | 2.a. The TICL addendum for the contract year commencing |
| 135 | June 1, 2007, and ending May 31, 2008, the contract year |
| 136 | commencing June 1, 2008, and ending May 31, 2009, or the |
| 137 | contract year commencing June 1, 2009, and ending May 31, 2010, |
| 138 | shall contain a promise by the board to reimburse the TICL |
| 139 | insurer for 45 percent, 75 percent, or 90 percent of its losses |
| 140 | from each covered event in excess of the insurer's retention, |
| 141 | plus 5 percent of the reimbursed losses to cover loss adjustment |
| 142 | expenses. The percentage shall be the same as the coverage level |
| 143 | selected by the insurer under paragraph (4)(b). |
| 144 | b. The TICL addendum for the contract year commencing June |
| 145 | 1, 2010, and ending May 31, 2011, shall contain a promise by the |
| 146 | board to reimburse the TICL insurer for 45 percent or 75 percent |
| 147 | of its losses from each covered event in excess of the insurer's |
| 148 | retention, plus 5 percent of the reimbursed losses to cover loss |
| 149 | adjustment expenses. |
| 150 | c. The TICL addendum for the contract year commencing June |
| 151 | 1, 2011, and ending May 31, 2012, shall contain a promise by the |
| 152 | board to reimburse the TICL insurer for 45 percent or 65 percent |
| 153 | of its losses from each covered event in excess of the insurer's |
| 154 | retention, plus 5 percent of the reimbursed losses to cover loss |
| 155 | adjustment expenses. |
| 156 | d The TICL addendum for the contract year commencing June |
| 157 | 1, 2012, and ending May 31, 2013, shall contain a promise by the |
| 158 | board to reimburse the TICL insurer for 45 percent or 55 percent |
| 159 | of its losses from each covered event in excess of the insurer's |
| 160 | retention, plus 5 percent of the reimbursed losses to cover loss |
| 161 | adjustment expenses. |
| 162 | e. The TICL addendum for the contract year commencing June |
| 163 | 1, 2013, and ending May 31, 2014, shall contain a promise by the |
| 164 | board to reimburse the TICL insurer for 45 percent of its losses |
| 165 | from each covered event in excess of the insurer's retention, |
| 166 | plus 5 percent of the reimbursed losses to cover loss adjustment |
| 167 | expenses. |
| 168 | f. The TICL addendum for the contract year commencing June |
| 169 | 1, 2014, and ending May 31, 2015, shall contain a promise by the |
| 170 | board to reimburse the TICL insurer for 30 percent of its losses |
| 171 | from each covered event in excess of the insurer's retention, |
| 172 | plus 5 percent of the reimbursed losses to cover loss adjustment |
| 173 | expenses. |
| 174 | g. The TICL addendum for the contract year commencing June |
| 175 | 1, 2015, and ending May 31, 2016, shall contain a promise by the |
| 176 | board to reimburse the TICL insurer for 15 percent of its losses |
| 177 | from each covered event in excess of the insurer's retention, |
| 178 | plus 5 percent of the reimbursed losses to cover loss adjustment |
| 179 | expenses. |
| 180 | 3. The TICL addendum shall provide that reimbursement |
| 181 | amounts shall not be reduced by reinsurance paid or payable to |
| 182 | the insurer from other sources. |
| 183 | 4. The priorities, schedule, and method of reimbursements |
| 184 | under the TICL addendum shall be the same as provided under |
| 185 | subsection (4). |
| 186 | (g) Effect on claims-paying capacity of the fund.--For the |
| 187 | contract terms commencing June 1, 2007, June 1, 2008, and June |
| 188 | 1, 2009, June 1, 2010, June 1, 2011, June 1, 2012, June 1, 2013, |
| 189 | June 1, 2014, and June 1, 2015, the program created by this |
| 190 | subsection shall increase the claims-paying capacity of the fund |
| 191 | as provided in subparagraph (4)(c)1. by an amount not to exceed |
| 192 | $12 billion and shall depend on the TICL coverage options |
| 193 | selected and the number of insurers that select the TICL |
| 194 | optional coverage. The additional capacity shall apply only to |
| 195 | the additional coverage provided under the TICL options and |
| 196 | shall not otherwise affect any insurer's reimbursement from the |
| 197 | fund if the insurer chooses not to select the temporary option |
| 198 | to increase its limit of coverage under the FHCF. |
| 199 | Section 2. Paragraph (m) of subsection (6) of section |
| 200 | 627.351, Florida Statutes, is amended to read: |
| 201 | 627.351 Insurance risk apportionment plans.-- |
| 202 | (6) CITIZENS PROPERTY INSURANCE CORPORATION.-- |
| 203 | (m)1. Rates for coverage provided by the corporation shall |
| 204 | be actuarially sound and subject to the requirements of s. |
| 205 | 627.062, except as otherwise provided in this paragraph. For the |
| 206 | purposes of this paragraph, the term "actuarially sound rate" |
| 207 | means a rate at least sufficient for a certain classification of |
| 208 | risk in a certain rating area to generate sufficient revenue to |
| 209 | cover all expected losses and expected expenses, plus a rate |
| 210 | factor of 15 percent representing a capital charge. The |
| 211 | corporation shall file its recommended rates with the office at |
| 212 | least annually. The corporation shall provide any additional |
| 213 | information regarding the rates which the office requires. The |
| 214 | office shall consider the recommendations of the board and issue |
| 215 | a final order establishing the rates for the corporation within |
| 216 | 45 days after the recommended rates are filed. The corporation |
| 217 | may not pursue an administrative challenge or judicial review of |
| 218 | the final order of the office. |
| 219 | 2. In addition to the rates otherwise determined pursuant |
| 220 | to this paragraph, the corporation shall impose and collect an |
| 221 | amount equal to the premium tax provided for in s. 624.509 to |
| 222 | augment the financial resources of the corporation. |
| 223 | 3. After the public hurricane loss-projection model under |
| 224 | s. 627.06281 has been found to be accurate and reliable by the |
| 225 | Florida Commission on Hurricane Loss Projection Methodology, |
| 226 | that model shall serve as the minimum benchmark for determining |
| 227 | the windstorm portion of the corporation's rates. This |
| 228 | subparagraph does not require or allow the corporation to adopt |
| 229 | rates lower than the rates otherwise required or allowed by this |
| 230 | paragraph. |
| 231 | 4. The rate filings for the corporation which were |
| 232 | approved by the office and which took effect January 1, 2007, |
| 233 | are rescinded, except for those rates that were lowered. As soon |
| 234 | as possible, the corporation shall begin using the lower rates |
| 235 | that were in effect on December 31, 2006, and shall provide |
| 236 | refunds to policyholders who have paid higher rates as a result |
| 237 | of that rate filing. The rates in effect on December 31, 2006, |
| 238 | shall remain in effect for the 2007 and 2008 calendar years |
| 239 | except for any rate change that results in a lower rate. The |
| 240 | next rate change that may increase rates shall take effect |
| 241 | pursuant to a new rate filing recommended by the corporation and |
| 242 | established by the office, subject to the requirements of this |
| 243 | paragraph. |
| 244 | 5. Beginning on July 15, 2009, and each year thereafter, |
| 245 | the corporation must make a recommended actuarially sound rate |
| 246 | filing for each personal and commercial line of business it |
| 247 | writes, to be effective no earlier than January 1, 2010. |
| 248 | 6. Notwithstanding the board's recommended rates and the |
| 249 | office's final order regarding the corporation's filed rates |
| 250 | under subparagraph 1., the corporation shall implement a rate |
| 251 | increase each year which does not exceed a statewide average of |
| 252 | 10 percent, exceed 15 percent for any rating territory by line |
| 253 | used by the corporation, or exceed 20 percent for any single |
| 254 | policy issued by the corporation adjusted for exposure change. |
| 255 | 7. The corporation's implementation of rates as prescribed |
| 256 | in subparagraph 6. shall cease upon the corporation's |
| 257 | implementation of actuarially sound rates as prescribed in |
| 258 | subparagraph 1. |
| 259 | 8. Beginning January 1, 2011, and each year thereafter, |
| 260 | the corporation shall transfer 50 percent of the funds received |
| 261 | from the rate increase prescribed by subparagraph 6. to the |
| 262 | General Revenue Fund. The corporation's transfer of such funds |
| 263 | shall cease upon the corporation's implementation of actuarially |
| 264 | sound rates as prescribed in subparagraph 1. |
| 265 | Section 3. Upon receipt of funds transferred to the |
| 266 | General Revenue Fund pursuant to s. 627.351(6)(m)8., Florida |
| 267 | Statutes, the funds transferred are appropriated on a |
| 268 | nonrecurring basis from the General Revenue Fund to the |
| 269 | Insurance Regulatory Trust Fund in the Department of Financial |
| 270 | Services for purposes of the My Safe Florida Home Program |
| 271 | specified in s. 215.5586, Florida Statutes. The My Safe Florida |
| 272 | Home Program shall use the funds solely for the provision of |
| 273 | mitigation grants in accordance with s. 215.5586(2), Florida |
| 274 | Statutes. The department shall establish a separate account |
| 275 | within the trust fund for accounting purposes. |
| 276 | Section 4. This act shall take effect July 1, 2009. |