Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1950
       
       
       
       
       
       
                                Barcode 782064                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/22/2009 05:14 PM       .                                
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       Senator Baker moved the following:
       
    1         Senate Amendment to Amendment (175584) (with title
    2  amendment)
    3  
    4         Between lines 1361 and 1362
    5  insert:
    6         Section 6. Section 627.3512, Florida Statutes, is amended
    7  to read:
    8         627.3512 Recoupment of residual market deficit
    9  assessments.—
   10         (1) The Legislature finds and declares that all assessments
   11  paid by an insurer or insurer group as a result of a levy by any
   12  residual market entity, including regular assessments levied on
   13  insurers by Citizens Property Insurance Corporation and any
   14  other assessments levied on insurers by an insurance risk
   15  apportionment plan or assigned risk plan under s. 627.311 or s.
   16  627.351 constitute advances of funds from the insurer to the
   17  residual market entity, and that the insurer is entitled to
   18  fully recoup such advances. An insurer or insurer group may
   19  recoup any assessments that have been paid during or after 1995
   20  by the insurer or insurer group to defray deficits of an
   21  insurance risk apportionment plan or assigned risk plan under
   22  ss. 627.311 and 627.351, net of any earnings returned to the
   23  insurer or insurer group by the association or plan for any year
   24  after 1993. A limited apportionment company as defined in s.
   25  627.351(6)(c) may recoup any regular assessment that has been
   26  levied by, or paid to, Citizens Property Insurance Corporation.
   27         (2) The recoupment shall be made by applying a separate
   28  recoupment assessment factor on policies of the same line or
   29  type as were considered by the residual markets in determining
   30  the assessment liability of the insurer or insurer group. An
   31  insurer or insurer group shall calculate a separate assessment
   32  factor for personal lines and commercial lines. The separate
   33  assessment factor shall provide for full recoupment of the
   34  assessments over a period of 1 year, unless the insurer or
   35  insurer group, at its option, elects to recoup the assessments
   36  over a longer period. The assessment factor expires upon
   37  collection of the full amount allowed to be recouped. Amounts
   38  recouped under this section are not subject to premium taxes,
   39  fees, or commissions.
   40         (3)(2) The recoupment assessment factor may must not be
   41  more than 3 percentage points above the ratio of the deficit
   42  assessment to the Florida direct written premium for policies
   43  for the lines or types of business as to which the assessment
   44  was calculated, as written in the year the deficit assessment
   45  was paid. If an insurer or insurer group does not fails to
   46  collect the full amount of the deficit assessment during one 12
   47  month period, the insurer or insurer group may apply
   48  recalculated recoupment factors to policies issued or renewed
   49  during one or more succeeding 12-month periods must carry
   50  forward the amount of the deficit and adjust the deficit
   51  assessment to be recouped in a subsequent year by that amount.
   52         (4)(3) The insurer or insurer group shall file with the
   53  office a statement for informational purposes only setting forth
   54  the amount of the recoupment assessment factor and an
   55  explanation of how the factor will be applied, at least 15 days
   56  prior to the factor being applied to any policies. The
   57  informational statement shall include documentation of the
   58  assessment paid by the insurer or insurer group and the
   59  arithmetic calculations supporting the recoupment assessment
   60  factor. The office shall complete its review within 15 days
   61  after receipt of the filing and shall limit its review to
   62  verification of the arithmetic calculations. The insurer or
   63  insurer group may use the recoupment assessment factor at any
   64  time after the expiration of the 15-day period unless the office
   65  has notified the insurer or insurer group in writing that the
   66  arithmetic calculations are incorrect. The recoupment factor
   67  shall apply to all policies described in subsection (3) that are
   68  issued or renewed by the insurer or insurer group during a 12
   69  month period. If full recoupment requires the insurer or insurer
   70  group to apply a recoupment factor over a subsequent 12-month
   71  period, the insurer or insurer group must file a supplemental
   72  informational statement pursuant to this subsection.
   73         (5)No later than 90 days after the insurer or insurer
   74  group has completed the recoupment process, it shall file with
   75  the office a final accounting report documenting the recoupment.
   76  The report shall provide the amounts of assessments paid by the
   77  insurer or insurer group, the amounts and percentages recouped
   78  by year from each affected line of business, and the direct
   79  written premium subject to recoupment by year.
   80         (6)(4) The commission may adopt rules to implement this
   81  section.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85  
   86         Delete line 1771
   87  and insert:
   88         corporation; amending s. 627.3512, F.S.; providing
   89         legislative findings; providing for the recoupment of
   90         residual market assessments paid by insurers or
   91         insurer groups; limiting the amount of a recoupment
   92         factor; authorizing an insurer to apply recalculated
   93         recoupment factors to policies issued or renewed
   94         during specified periods under certain circumstances;
   95         requiring that insurers or insurer groups file a
   96         statement setting forth certain information; providing
   97         for the application of recoupment factors to certain
   98         policies upon issuance or renewal; requiring that
   99         insurers or insurer groups file a supplemental
  100         statement under certain circumstances; requiring that
  101         such entities file a final accounting report
  102         documenting certain information within a specified
  103         period after the completion of the recoupment process;
  104         requiring that such report provide certain
  105         information; amending s. 627.712, F.S.; providing an