Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1950
       
       
       
       
       
       
                                Barcode 310222                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/17/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Policy and Steering Committee on Ways and Means (Baker)
       recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 1033 - 1053
    4  and insert:
    5  
    6         5. Effective January 1, 2009, a personal lines residential
    7  structure that is located in the “wind-borne debris region,” as
    8  defined in s. 1609.2, International Building Code (2006), and
    9  that has an insured value on the structure of $750,000 or more
   10  is not eligible for coverage by the corporation unless the
   11  structure has opening protections as required under the Florida
   12  Building Code for a newly constructed residential structure in
   13  that area. A residential structure shall be deemed to comply
   14  with the requirements of this subparagraph if it has shutters or
   15  opening protections on all openings and if such opening
   16  protections complied with the Florida Building Code at the time
   17  they were installed. Effective January 1, 2010, for personal
   18  lines residential property insured by the corporation that is
   19  located in the wind-borne debris region and has an insured value
   20  on the structure of $500,000 or more, a prospective purchaser of
   21  any such residential property must be provided by the seller a
   22  written disclosure that contains the structure’s windstorm
   23  mitigation rating based on the uniform home grading scale
   24  adopted under s. 215.55865. Such rating shall be provided to the
   25  purchaser at or before the time the purchaser executes a
   26  contract for sale and purchase.
   27         (b)1. All insurers authorized to write one or more subject
   28  lines of business in this state are subject to assessment by the
   29  corporation and, for the purposes of this subsection, are
   30  referred to collectively as “assessable insurers.” Insurers
   31  writing one or more subject lines of business in this state
   32  pursuant to part VIII of chapter 626 are not assessable
   33  insurers, but insureds who procure one or more subject lines of
   34  business in this state pursuant to part VIII of chapter 626 are
   35  subject to assessment by the corporation and are referred to
   36  collectively as “assessable insureds.” An authorized insurer’s
   37  assessment liability shall begin on the first day of the
   38  calendar year following the year in which the insurer was issued
   39  a certificate of authority to transact insurance for subject
   40  lines of business in this state and shall terminate 1 year after
   41  the end of the first calendar year during which the insurer no
   42  longer holds a certificate of authority to transact insurance
   43  for subject lines of business in this state.
   44         2.a. All revenues, assets, liabilities, losses, and
   45  expenses of the corporation shall be divided into three separate
   46  accounts as follows:
   47         (I) A personal lines account for personal residential
   48  policies issued by the corporation or issued by the Residential
   49  Property and Casualty Joint Underwriting Association and renewed
   50  by the corporation that provide comprehensive, multiperil
   51  coverage on risks that are not located in areas eligible for
   52  coverage in the Florida Windstorm Underwriting Association as
   53  those areas were defined on January 1, 2002, and for such
   54  policies that do not provide coverage for the peril of wind on
   55  risks that are located in such areas;
   56         (II) A commercial lines account for commercial residential
   57  and commercial nonresidential policies issued by the corporation
   58  or issued by the Residential Property and Casualty Joint
   59  Underwriting Association and renewed by the corporation that
   60  provide coverage for basic property perils on risks that are not
   61  located in areas eligible for coverage in the Florida Windstorm
   62  Underwriting Association as those areas were defined on January
   63  1, 2002, and for such policies that do not provide coverage for
   64  the peril of wind on risks that are located in such areas; and
   65         (III) A high-risk account for personal residential policies
   66  and commercial residential and commercial nonresidential
   67  property policies issued by the corporation or transferred to
   68  the corporation that provide coverage for the peril of wind on
   69  risks that are located in areas eligible for coverage in the
   70  Florida Windstorm Underwriting Association as those areas were
   71  defined on January 1, 2002. The corporation may offer policies
   72  that provide multiperil coverage and the corporation shall
   73  continue to offer policies that provide coverage only for the
   74  peril of wind for risks located in areas eligible for coverage
   75  in the high-risk account. In issuing multiperil coverage, the
   76  corporation may use its approved policy forms and rates for the
   77  personal lines account. An applicant or insured who is eligible
   78  to purchase a multiperil policy from the corporation may
   79  purchase a multiperil policy from an authorized insurer without
   80  prejudice to the applicant’s or insured’s eligibility to
   81  prospectively purchase a policy that provides coverage only for
   82  the peril of wind from the corporation. An applicant or insured
   83  who is eligible for a corporation policy that provides coverage
   84  only for the peril of wind may elect to purchase or retain such
   85  policy and also purchase or retain coverage excluding wind from
   86  an authorized insurer without prejudice to the applicant’s or
   87  insured’s eligibility to prospectively purchase a policy that
   88  provides multiperil coverage from the corporation. It is the
   89  goal of the Legislature that there would be an overall average
   90  savings of 10 percent or more for a policyholder who currently
   91  has a wind-only policy with the corporation, and an ex-wind
   92  policy with a voluntary insurer or the corporation, and who then
   93  obtains a multiperil policy from the corporation. It is the
   94  intent of the Legislature that the offer of multiperil coverage
   95  in the high-risk account be made and implemented in a manner
   96  that does not adversely affect the tax-exempt status of the
   97  corporation or creditworthiness of or security for currently
   98  outstanding financing obligations or credit facilities of the
   99  high-risk account, the personal lines account, or the commercial
  100  lines account. The high-risk account must also include quota
  101  share primary insurance under subparagraph (c)2. The area
  102  eligible for coverage under the high-risk account also includes
  103  the area within Port Canaveral, which is bordered on the south
  104  by the City of Cape Canaveral, bordered on the west by the
  105  Banana River, and bordered on the north by Federal Government
  106  property.
  107         b. The three separate accounts must be maintained as long
  108  as financing obligations entered into by the Florida Windstorm
  109  Underwriting Association or Residential Property and Casualty
  110  Joint Underwriting Association are outstanding, in accordance
  111  with the terms of the corresponding financing documents. When
  112  the financing obligations are no longer outstanding, in
  113  accordance with the terms of the corresponding financing
  114  documents, the corporation may use a single account for all
  115  revenues, assets, liabilities, losses, and expenses of the
  116  corporation. Consistent with the requirement of this
  117  subparagraph and prudent investment policies that minimize the
  118  cost of carrying debt, the board shall exercise its best efforts
  119  to retire existing debt or to obtain approval of necessary
  120  parties to amend the terms of existing debt, so as to structure
  121  the most efficient plan to consolidate the three separate
  122  accounts into a single account. By February 1, 2007, the board
  123  shall submit a report to the Financial Services Commission, the
  124  President of the Senate, and the Speaker of the House of
  125  Representatives which includes an analysis of consolidating the
  126  accounts, the actions the board has taken to minimize the cost
  127  of carrying debt, and its recommendations for executing the most
  128  efficient plan.
  129         c. Creditors of the Residential Property and Casualty Joint
  130  Underwriting Association and of the accounts specified in sub
  131  sub-subparagraphs a.(I) and (II) may have a claim against, and
  132  recourse to, the accounts referred to in sub-sub-subparagraphs
  133  a.(I) and (II) and shall have no claim against, or recourse to,
  134  the account referred to in sub-sub-subparagraph a.(III).
  135  Creditors of the Florida Windstorm Underwriting Association
  136  shall have a claim against, and recourse to, the account
  137  referred to in sub-sub-subparagraph a.(III) and shall have no
  138  claim against, or recourse to, the accounts referred to in sub
  139  sub-subparagraphs a.(I) and (II).
  140         d. Revenues, assets, liabilities, losses, and expenses not
  141  attributable to particular accounts shall be prorated among the
  142  accounts.
  143         e. The Legislature finds that the revenues of the
  144  corporation are revenues that are necessary to meet the
  145  requirements set forth in documents authorizing the issuance of
  146  bonds under this subsection.
  147         f. No part of the income of the corporation may inure to
  148  the benefit of any private person.
  149         3. With respect to a deficit in an account:
  150         a. After accounting for the Citizens policyholder surcharge
  151  imposed under sub-subparagraph i., when the remaining projected
  152  deficit incurred in a particular calendar year is not greater
  153  than 6 percent of the aggregate statewide direct written premium
  154  for the subject lines of business for the prior calendar year,
  155  the entire deficit shall be recovered through regular
  156  assessments of assessable insurers under paragraph (p) and
  157  assessable insureds.
  158         b. After accounting for the Citizens policyholder surcharge
  159  imposed under sub-subparagraph i., when the remaining projected
  160  deficit incurred in a particular calendar year exceeds 6 percent
  161  of the aggregate statewide direct written premium for the
  162  subject lines of business for the prior calendar year, the
  163  corporation shall levy regular assessments on assessable
  164  insurers under paragraph (p) and on assessable insureds in an
  165  amount equal to the greater of 6 percent of the deficit or 6
  166  percent of the aggregate statewide direct written premium for
  167  the subject lines of business for the prior calendar year. Any
  168  remaining deficit shall be recovered through emergency
  169  assessments under sub-subparagraph d.
  170         c. Each assessable insurer’s share of the amount being
  171  assessed under sub-subparagraph a. or sub-subparagraph b. shall
  172  be in the proportion that the assessable insurer’s direct
  173  written premium for the subject lines of business for the year
  174  preceding the assessment bears to the aggregate statewide direct
  175  written premium for the subject lines of business for that year.
  176  The assessment percentage applicable to each assessable insured
  177  is the ratio of the amount being assessed under sub-subparagraph
  178  a. or sub-subparagraph b. to the aggregate statewide direct
  179  written premium for the subject lines of business for the prior
  180  year. Assessments levied by the corporation on assessable
  181  insurers under sub-subparagraphs a. and b. shall be paid as
  182  required by the corporation’s plan of operation and paragraph
  183  (p). Assessments levied by the corporation on assessable
  184  insureds under sub-subparagraphs a. and b. shall be collected by
  185  the surplus lines agent at the time the surplus lines agent
  186  collects the surplus lines tax required by s. 626.932 and shall
  187  be paid to the Florida Surplus Lines Service Office at the time
  188  the surplus lines agent pays the surplus lines tax to the
  189  Florida Surplus Lines Service Office. Upon receipt of regular
  190  assessments from surplus lines agents, the Florida Surplus Lines
  191  Service Office shall transfer the assessments directly to the
  192  corporation as determined by the corporation.
  193         d. Upon a determination by the board of governors that a
  194  deficit in an account exceeds the amount that will be recovered
  195  through regular assessments under sub-subparagraph a. or sub
  196  subparagraph b., plus the amount that is expected to be
  197  recovered through surcharges under sub-subparagraph i., as to
  198  the remaining projected deficit the board shall levy, after
  199  verification by the office, emergency assessments, for as many
  200  years as necessary to cover the deficits, to be collected by
  201  assessable insurers and the corporation and collected from
  202  assessable insureds upon issuance or renewal of policies for
  203  subject lines of business, excluding National Flood Insurance
  204  policies. The amount of the emergency assessment collected in a
  205  particular year shall be a uniform percentage of that year’s
  206  direct written premium for subject lines of business and all
  207  accounts of the corporation, excluding National Flood Insurance
  208  Program policy premiums, as annually determined by the board and
  209  verified by the office. The office shall verify the arithmetic
  210  calculations involved in the board’s determination within 30
  211  days after receipt of the information on which the determination
  212  was based. Notwithstanding any other provision of law, the
  213  corporation and each assessable insurer that writes subject
  214  lines of business shall collect emergency assessments from its
  215  policyholders without such obligation being affected by any
  216  credit, limitation, exemption, or deferment. Emergency
  217  assessments levied by the corporation on assessable insureds
  218  shall be collected by the surplus lines agent at the time the
  219  surplus lines agent collects the surplus lines tax required by
  220  s. 626.932 and shall be paid to the Florida Surplus Lines
  221  Service Office at the time the surplus lines agent pays the
  222  surplus lines tax to the Florida Surplus Lines Service Office.
  223  The emergency assessments so collected shall be transferred
  224  directly to the corporation on a periodic basis as determined by
  225  the corporation and shall be held by the corporation solely in
  226  the applicable account. The aggregate amount of emergency
  227  assessments levied for an account under this sub-subparagraph in
  228  any calendar year may, at the discretion of the board of
  229  governors, be less than but may not exceed the greater of 10
  230  percent of the amount needed to cover the deficit, plus
  231  interest, fees, commissions, required reserves, and other costs
  232  associated with financing of the original deficit, or 10 percent
  233  of the aggregate statewide direct written premium for subject
  234  lines of business and for all accounts of the corporation for
  235  the prior year, plus interest, fees, commissions, required
  236  reserves, and other costs associated with financing the deficit.
  237         e. The corporation may pledge the proceeds of assessments,
  238  projected recoveries from the Florida Hurricane Catastrophe
  239  Fund, other insurance and reinsurance recoverables, policyholder
  240  surcharges and other surcharges, and other funds available to
  241  the corporation as the source of revenue for and to secure bonds
  242  issued under paragraph (p), bonds or other indebtedness issued
  243  under subparagraph (c)3., or lines of credit or other financing
  244  mechanisms issued or created under this subsection, or to retire
  245  any other debt incurred as a result of deficits or events giving
  246  rise to deficits, or in any other way that the board determines
  247  will efficiently recover such deficits. The purpose of the lines
  248  of credit or other financing mechanisms is to provide additional
  249  resources to assist the corporation in covering claims and
  250  expenses attributable to a catastrophe. As used in this
  251  subsection, the term “assessments” includes regular assessments
  252  under sub-subparagraph a., sub-subparagraph b., or subparagraph
  253  (p)1. and emergency assessments under sub-subparagraph d.
  254  Emergency assessments collected under sub-subparagraph d. are
  255  not part of an insurer’s rates, are not premium, and are not
  256  subject to premium tax, fees, or commissions; however, failure
  257  to pay the emergency assessment shall be treated as failure to
  258  pay premium. The emergency assessments under sub-subparagraph d.
  259  shall continue as long as any bonds issued or other indebtedness
  260  incurred with respect to a deficit for which the assessment was
  261  imposed remain outstanding, unless adequate provision has been
  262  made for the payment of such bonds or other indebtedness
  263  pursuant to the documents governing such bonds or other
  264  indebtedness.
  265         f. As used in this subsection for purposes of any deficit
  266  incurred on or after January 25, 2007, the term “subject lines
  267  of business” means insurance written by assessable insurers or
  268  procured by assessable insureds for all property and casualty
  269  lines of business in this state, but not including workers’
  270  compensation or medical malpractice. As used in the sub
  271  subparagraph, the term “property and casualty lines of business”
  272  includes all lines of business identified on Form 2, Exhibit of
  273  Premiums and Losses, in the annual statement required of
  274  authorized insurers by s. 624.424 and any rule adopted under
  275  this section, except for those lines identified as accident and
  276  health insurance and except for policies written under the
  277  National Flood Insurance Program or the Federal Crop Insurance
  278  Program. For purposes of this sub-subparagraph, the term
  279  “workers’ compensation” includes both workers’ compensation
  280  insurance and excess workers’ compensation insurance.
  281         g. The Florida Surplus Lines Service Office shall determine
  282  annually the aggregate statewide written premium in subject
  283  lines of business procured by assessable insureds and shall
  284  report that information to the corporation in a form and at a
  285  time the corporation specifies to ensure that the corporation
  286  can meet the requirements of this subsection and the
  287  corporation’s financing obligations.
  288         h. The Florida Surplus Lines Service Office shall verify
  289  the proper application by surplus lines agents of assessment
  290  percentages for regular assessments and emergency assessments
  291  levied under this subparagraph on assessable insureds and shall
  292  assist the corporation in ensuring the accurate, timely
  293  collection and payment of assessments by surplus lines agents as
  294  required by the corporation.
  295         i. If a deficit is incurred in any account in 2008 or
  296  thereafter, the board of governors shall levy a Citizens
  297  policyholder surcharge against all policyholders of the
  298  corporation for a 12-month period, which shall be collected at
  299  the time of issuance or renewal of a policy, as a uniform
  300  percentage of the premium for the policy of up to 15 percent of
  301  such premium, which funds shall be used to offset the deficit.
  302  Citizens policyholder surcharges under this sub-subparagraph are
  303  not considered premium and are not subject to commissions, fees,
  304  or premium taxes. However, failure to pay such surcharges shall
  305  be treated as failure to pay premium.
  306         j. If the amount of any assessments or surcharges collected
  307  from corporation policyholders, assessable insurers or their
  308  policyholders, or assessable insureds exceeds the amount of the
  309  deficits, such excess amounts shall be remitted to and retained
  310  by the corporation in a reserve to be used by the corporation,
  311  as determined by the board of governors and approved by the
  312  office, to pay claims or reduce any past, present, or future
  313  plan-year deficits or to reduce outstanding debt. If the amount
  314  of any assessment collected by an assessable insurer from its
  315  policyholders exceeds the amount the assessable insurer was
  316  actually assessed, such excess amounts shall be remitted to and
  317  retained by the corporation in a reserve to be used by the
  318  corporation, as determined by the board of governors and
  319  approved by the office, to pay claims or reduce any past,
  320  present, or future plan-year deficits or to reduce outstanding
  321  debt.
  322  
  323  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  324         And the directory clause is amended as follows:
  325         Delete line 934
  326  and insert:
  327  
  328  Section 5. Paragraphs (a), (b), (c), (m), and (x) of subsection
  329  
  330  ================= T I T L E  A M E N D M E N T ================
  331         And the title is amended as follows:
  332         Delete line 49
  333  and insert:
  334  
  335         to the prospective purchaser of the property;
  336         specifying the purposes for which collections in
  337         excess of the amount assessed by Citizens Property
  338         Insurance Corporation must be used;