Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1950
       
       
       
       
       
       
                                Barcode 902662                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/01/2009           .                                
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       The Committee on Banking and Insurance (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 621 - 1281
    4  and insert:
    5         Section 3. Subsections (2) and (5) of section 627.062,
    6  Florida Statutes, is amended to read:
    7         627.062 Rate standards.—
    8         (2) As to all such classes of insurance:
    9         (a) Insurers or rating organizations shall establish and
   10  use rates, rating schedules, or rating manuals to allow the
   11  insurer a reasonable rate of return on such classes of insurance
   12  written in this state. A copy of rates, rating schedules, rating
   13  manuals, premium credits or discount schedules, and surcharge
   14  schedules, and changes thereto, shall be filed with the office
   15  under one of the following procedures except as provided in
   16  subparagraph 3.:
   17         1. If the filing is made at least 90 days before the
   18  proposed effective date and the filing is not implemented during
   19  the office’s review of the filing and any proceeding and
   20  judicial review, then such filing shall be considered a “file
   21  and use” filing. In such case, the office shall finalize its
   22  review by issuance of a notice of intent to approve or a notice
   23  of intent to disapprove within 90 days after receipt of the
   24  filing. The notice of intent to approve and the notice of intent
   25  to disapprove constitute agency action for purposes of the
   26  Administrative Procedure Act. Requests for supporting
   27  information, requests for mathematical or mechanical
   28  corrections, or notification to the insurer by the office of its
   29  preliminary findings shall not toll the 90-day period during any
   30  such proceedings and subsequent judicial review. The rate shall
   31  be deemed approved if the office does not issue a notice of
   32  intent to approve or a notice of intent to disapprove within 90
   33  days after receipt of the filing.
   34         2. If the filing is not made in accordance with the
   35  provisions of subparagraph 1., such filing shall be made as soon
   36  as practicable, but no later than 30 days after the effective
   37  date, and shall be considered a “use and file” filing. An
   38  insurer making a “use and file” filing is potentially subject to
   39  an order by the office to return to policyholders portions of
   40  rates found to be excessive, as provided in paragraph (h).
   41         3. For all property insurance filings made or submitted
   42  before December 31, 2010 after January 25, 2007, but before
   43  December 31, 2009, an insurer seeking a rate that is greater
   44  than the rate most recently approved by the office shall make a
   45  “file and use” filing. For purposes of this subparagraph, motor
   46  vehicle collision and comprehensive coverages are not considered
   47  to be property coverages.
   48         (b) Upon receiving a rate filing, the office shall review
   49  the rate filing to determine if a rate is excessive, inadequate,
   50  or unfairly discriminatory, except as provided in paragraph (k)
   51  or paragraph (l). In making that determination, the office
   52  shall, in accordance with generally accepted and reasonable
   53  actuarial techniques, consider the following factors:
   54         1. Past and prospective loss experience within and without
   55  this state.
   56         2. Past and prospective expenses.
   57         3. The degree of competition among insurers for the risk
   58  insured.
   59         4. Investment income reasonably expected by the insurer,
   60  consistent with the insurer’s investment practices, from
   61  investable premiums anticipated in the filing, plus any other
   62  expected income from currently invested assets representing the
   63  amount expected on unearned premium reserves and loss reserves.
   64  The commission may adopt rules using reasonable techniques of
   65  actuarial science and economics to specify the manner in which
   66  insurers shall calculate investment income attributable to such
   67  classes of insurance written in this state and the manner in
   68  which such investment income shall be used to calculate
   69  insurance rates. Such manner shall contemplate allowances for an
   70  underwriting profit factor and full consideration of investment
   71  income which produce a reasonable rate of return; however,
   72  investment income from invested surplus may not be considered.
   73         5. The reasonableness of the judgment reflected in the
   74  filing.
   75         6. Dividends, savings, or unabsorbed premium deposits
   76  allowed or returned to Florida policyholders, members, or
   77  subscribers.
   78         7. The adequacy of loss reserves.
   79         8. The cost of reinsurance. The office shall not disapprove
   80  a rate as excessive solely due to the insurer having obtained
   81  catastrophic reinsurance to cover the insurer’s estimated 250
   82  year probable maximum loss or any lower level of loss.
   83         9. Trend factors, including trends in actual losses per
   84  insured unit for the insurer making the filing.
   85         10. Conflagration and catastrophe hazards, if applicable.
   86         11. Projected hurricane losses, if applicable, which must
   87  be estimated using a model or method found to be acceptable or
   88  reliable by the Florida Commission on Hurricane Loss Projection
   89  Methodology, and as further provided in s. 627.0628.
   90         12. A reasonable margin for underwriting profit and
   91  contingencies.
   92         13. The cost of medical services, if applicable.
   93         14. Other relevant factors which impact upon the frequency
   94  or severity of claims or upon expenses.
   95         (c) In the case of fire insurance rates, consideration
   96  shall be given to the availability of water supplies and the
   97  experience of the fire insurance business during a period of not
   98  less than the most recent 5-year period for which such
   99  experience is available.
  100         (d) If conflagration or catastrophe hazards are given
  101  consideration by an insurer in its rates or rating plan,
  102  including surcharges and discounts, the insurer shall establish
  103  a reserve for that portion of the premium allocated to such
  104  hazard and shall maintain the premium in a catastrophe reserve.
  105  Any removal of such premiums from the reserve for purposes other
  106  than paying claims associated with a catastrophe or purchasing
  107  reinsurance for catastrophes shall be subject to approval of the
  108  office. Any ceding commission received by an insurer purchasing
  109  reinsurance for catastrophes shall be placed in the catastrophe
  110  reserve.
  111         (e) After consideration of the rate factors provided in
  112  paragraphs (b), (c), and (d), a rate may be found by the office
  113  to be excessive, inadequate, or unfairly discriminatory based
  114  upon the following standards:
  115         1. Rates shall be deemed excessive if they are likely to
  116  produce a profit from Florida business that is unreasonably high
  117  in relation to the risk involved in the class of business or if
  118  expenses are unreasonably high in relation to services rendered.
  119         2. Rates shall be deemed excessive if, among other things,
  120  the rate structure established by a stock insurance company
  121  provides for replenishment of surpluses from premiums, when the
  122  replenishment is attributable to investment losses.
  123         3. Rates shall be deemed inadequate if they are clearly
  124  insufficient, together with the investment income attributable
  125  to them, to sustain projected losses and expenses in the class
  126  of business to which they apply.
  127         4. A rating plan, including discounts, credits, or
  128  surcharges, shall be deemed unfairly discriminatory if it fails
  129  to clearly and equitably reflect consideration of the
  130  policyholder’s participation in a risk management program
  131  adopted pursuant to s. 627.0625.
  132         5. A rate shall be deemed inadequate as to the premium
  133  charged to a risk or group of risks if discounts or credits are
  134  allowed which exceed a reasonable reflection of expense savings
  135  and reasonably expected loss experience from the risk or group
  136  of risks.
  137         6. A rate shall be deemed unfairly discriminatory as to a
  138  risk or group of risks if the application of premium discounts,
  139  credits, or surcharges among such risks does not bear a
  140  reasonable relationship to the expected loss and expense
  141  experience among the various risks.
  142         (f) In reviewing a rate filing, the office may require the
  143  insurer to provide at the insurer’s expense all information
  144  necessary to evaluate the condition of the company and the
  145  reasonableness of the filing according to the criteria
  146  enumerated in this section.
  147         (g) The office may at any time review a rate, rating
  148  schedule, rating manual, or rate change; the pertinent records
  149  of the insurer; and market conditions. If the office finds on a
  150  preliminary basis that a rate may be excessive, inadequate, or
  151  unfairly discriminatory, the office shall initiate proceedings
  152  to disapprove the rate and shall so notify the insurer. However,
  153  the office may not disapprove as excessive any rate for which it
  154  has given final approval or which has been deemed approved for a
  155  period of 1 year after the effective date of the filing unless
  156  the office finds that a material misrepresentation or material
  157  error was made by the insurer or was contained in the filing.
  158  Upon being so notified, the insurer or rating organization
  159  shall, within 60 days, file with the office all information
  160  which, in the belief of the insurer or organization, proves the
  161  reasonableness, adequacy, and fairness of the rate or rate
  162  change. The office shall issue a notice of intent to approve or
  163  a notice of intent to disapprove pursuant to the procedures of
  164  paragraph (a) within 90 days after receipt of the insurer’s
  165  initial response. In such instances and in any administrative
  166  proceeding relating to the legality of the rate, the insurer or
  167  rating organization shall carry the burden of proof by a
  168  preponderance of the evidence to show that the rate is not
  169  excessive, inadequate, or unfairly discriminatory. After the
  170  office notifies an insurer that a rate may be excessive,
  171  inadequate, or unfairly discriminatory, unless the office
  172  withdraws the notification, the insurer shall not alter the rate
  173  except to conform with the office’s notice until the earlier of
  174  120 days after the date the notification was provided or 180
  175  days after the date of the implementation of the rate. The
  176  office may, subject to chapter 120, disapprove without the 60
  177  day notification any rate increase filed by an insurer within
  178  the prohibited time period or during the time that the legality
  179  of the increased rate is being contested.
  180         (h) In the event the office finds that a rate or rate
  181  change is excessive, inadequate, or unfairly discriminatory, the
  182  office shall issue an order of disapproval specifying that a new
  183  rate or rate schedule which responds to the findings of the
  184  office be filed by the insurer. The office shall further order,
  185  for any “use and file” filing made in accordance with
  186  subparagraph (a)2., that premiums charged each policyholder
  187  constituting the portion of the rate above that which was
  188  actuarially justified be returned to such policyholder in the
  189  form of a credit or refund. If the office finds that an
  190  insurer’s rate or rate change is inadequate, the new rate or
  191  rate schedule filed with the office in response to such a
  192  finding shall be applicable only to new or renewal business of
  193  the insurer written on or after the effective date of the
  194  responsive filing.
  195         (i) Except as otherwise specifically provided in this
  196  chapter, the office shall not prohibit any insurer, including
  197  any residual market plan or joint underwriting association, from
  198  paying acquisition costs based on the full amount of premium, as
  199  defined in s. 627.403, applicable to any policy, or prohibit any
  200  such insurer from including the full amount of acquisition costs
  201  in a rate filing.
  202         (j) With respect to residential property insurance rate
  203  filings, the rate filing must account for mitigation measures
  204  undertaken by policyholders to reduce hurricane losses.
  205         (k)Notwithstanding any other provision of this section:
  206         1.A rate filing for residential property insurance
  207  relating to rate changes, rating factors, territories,
  208  classification, discounts, credits, or similar matters with
  209  respect to any policy form, including endorsements issued with
  210  the form, is exempt from a determination by the office that the
  211  rate is excessive or unfairly discriminatory under s. 627.062
  212  if:
  213         a.All changes specified in the filing do not result in an
  214  increase from the insurer’s rates then in effect of more than
  215  the rate increase authorized by s. 627.0629(5), plus the actual
  216  additional cost paid due to the application of s.
  217  215.555(17)(f), plus the actual additional cost paid due to the
  218  application by the Florida Hurricane Catastrophe Fund of a cash
  219  buildup factor pursuant to s. 215.555(5)(b); and
  220         b.All changes specified in the filing do not result in an
  221  overall premium increase of more than 10 percent statewide, and
  222  12 percent for an individual policyholder, for reasons related
  223  solely to the rate change.
  224         2.An insurer that submits a filing pursuant to this
  225  paragraph shall include a copy of the reinsurance contract,
  226  proof of the billing or payment for the contract, and the
  227  calculations upon which the rate change is based.
  228         3.A rate filing is not exempt under subparagraph 1. if the
  229  filing exceeds the overall premium increases authorized under
  230  subparagraph 1. in any 12-month period. An insurer must proceed
  231  under other provisions of this section or other provisions of
  232  law if the insurer seeks to exceed the premium or rate
  233  limitations of subparagraph 1.
  234         4.This paragraph does not limit the authority of the
  235  office to disapprove a rate as inadequate or to disapprove a
  236  filing for the use of unfairly discriminatory rating factors
  237  pursuant to s. 626.9541. An insurer that elects to implement a
  238  rate change under this paragraph must file its rate filing with
  239  the office at least 40 days before the effective date of the
  240  rate change. The office shall have 30 days after the date that
  241  the rate filing is submitted to review the filing and determine
  242  if the rate is inadequate or uses unfairly discriminatory rating
  243  factors. Absent a finding by the office within the 30-day period
  244  that the rate is inadequate or that the insurer has used
  245  unfairly discriminatory rating factors, the filing is deemed
  246  approved. If the office finds during the 30-day period that the
  247  filing will result in inadequate premiums or otherwise endanger
  248  the insurer’s solvency, the rate increase shall proceed pending
  249  additional action by the office to ensure the adequacy of the
  250  rate.
  251         5.This paragraph does not apply to rate filings for any
  252  insurance other than residential property insurance.
  253         (l)Beginning January 2010, the office shall publish an
  254  annual informational memorandum to establish an inflation trend
  255  factor for residential property insurance representing an
  256  estimate of cost increases based on industry-wide data available
  257  from the Insurance Services Office or other public source. Such
  258  factor is exempt from the rulemaking requirement of chapter 120
  259  and an insurer is not required to adopt the factor. An insurer
  260  making an annual filing to adopt the factor shall adjust its
  261  rates based solely upon the inflation trend factor to increase
  262  statewide rates in an amount equal to the inflation trend factor
  263  or 5 percent, whichever is less. Any rate increase implemented
  264  pursuant to this paragraph may not exceed 8 percent for any
  265  policyholder. An insurer is eligible to adopt the inflation
  266  trend factor if it has not implemented a rate increase within
  267  the 6 months preceding the inflation trend factor filing. An
  268  insurer adopting the inflation trend factor is not eligible to
  269  make another inflation trend factor filing to increase rates for
  270  the same program for 12 months after the inflation trend factor
  271  filing is implemented. The information required for the
  272  inflation trend factor filing shall be limited to rates and
  273  rating examples and an explanation demonstrating the insurer’s
  274  eligibility to adopt the inflation trend factor. The office must
  275  approve or disapprove the adoption of the inflation trend factor
  276  based on the criteria in this subsection within 30 days of
  277  receipt of a complete filing. This paragraph applies only to
  278  residential property insurance.
  279         (m)1.Insurers complying with the requirements of s.
  280  627.7031 may use a rate in excess of the otherwise applicable
  281  filed rate.
  282         2.Policies subject to this paragraph shall not be counted
  283  in the calculation under s. 627.171(2).
  284         3.Such rates shall be filed with the office. This
  285  paragraph does not affect the authority of the office to
  286  disapprove rates as inadequate or to disapprove a rate filing
  287  for the use of a rating factor that is unlawful under s.
  288  626.9541(1). Upon finding that an insurer has used a rating
  289  factor that is unlawful under s. 626.9541(1), the office may
  290  direct the insurer to make a filing for rates governed by this
  291  paragraph that do not use such rating factor.
  292  
  293  The provisions of this subsection do shall not apply to workers’
  294  compensation and employer’s liability insurance and to motor
  295  vehicle insurance.
  296         (5) With respect to a rate filing involving coverage of the
  297  type for which the insurer is required to pay a reimbursement
  298  premium to the Florida Hurricane Catastrophe Fund, the insurer
  299  may fully recoup in its property insurance premiums any
  300  reimbursement premiums paid to the Florida Hurricane Catastrophe
  301  Fund, together with reasonable costs of other reinsurance, but
  302  except as otherwise provided in this section, may not recoup
  303  reinsurance costs that duplicate coverage provided by the
  304  Florida Hurricane Catastrophe Fund. An insurer may not recoup
  305  more than 1 year of reimbursement premium at a time. Any under
  306  recoupment from the prior year may be added to the following
  307  year’s reimbursement premium and any over-recoupment shall be
  308  subtracted from the following year’s reimbursement premium.
  309         Section 4. Section 627.0621, Florida Statutes, is amended
  310  to read:
  311         627.0621 Transparency in rate regulation.—
  312         (1) DEFINITIONS.—As used in this section, the term:
  313         (a) “Rate filing” means any original or amended rate
  314  residential property insurance filing.
  315         (b) “Recommendation” means any proposed, preliminary, or
  316  final recommendation from an office actuary reviewing a rate
  317  filing with respect to the issue of approval or disapproval of
  318  the rate filing or with respect to rate indications that the
  319  office would consider acceptable.
  320         (2) WEBSITE FOR PUBLIC ACCESS TO RATE FILING INFORMATION.
  321  With respect to any rate filing made on or after July 1, 2008,
  322  the office shall provide the following information on a publicly
  323  accessible Internet website:
  324         (a) The overall rate change requested by the insurer.
  325         (b) All assumptions made by the office’s actuaries.
  326         (c) A statement describing any assumptions or methods that
  327  deviate from the actuarial standards of practice of the Casualty
  328  Actuarial Society or the American Academy of Actuaries,
  329  including an explanation of the nature, rationale, and effect of
  330  the deviation.
  331         (d) All recommendations made by any office actuary who
  332  reviewed the rate filing.
  333         (e) Certification by the office’s actuary that, based on
  334  the actuary’s knowledge, his or her recommendations are
  335  consistent with accepted actuarial principles.
  336         (f) The overall rate change approved by the office.
  337         (3) ATTORNEY-CLIENT PRIVILEGE; WORK PRODUCT.—It is the
  338  intent of the Legislature that the principles of the public
  339  records and open meetings laws apply to the assertion of
  340  attorney-client privilege and work product confidentiality by
  341  the office in connection with a challenge to its actions on a
  342  rate filing. Therefore, in any administrative or judicial
  343  proceeding relating to a rate filing, attorney-client privilege
  344  and work product exemptions from disclosure do not apply to
  345  communications with office attorneys or records prepared by or
  346  at the direction of an office attorney, except when the
  347  conditions of paragraphs (a) and (b) have been met:
  348         (a) The communication or record reflects a mental
  349  impression, conclusion, litigation strategy, or legal theory of
  350  the attorney or office that was prepared exclusively for civil
  351  or criminal litigation or adversarial administrative
  352  proceedings.
  353         (b) The communication occurred or the record was prepared
  354  after the initiation of an action in a court of competent
  355  jurisdiction, after the issuance of a notice of intent to deny a
  356  rate filing, or after the filing of a request for a proceeding
  357  under ss. 120.569 and 120.57.
  358         Section 5. Subsection (5) of section 627.0629, Florida
  359  Statutes, is amended to read:
  360         627.0629 Residential property insurance; rate filings.—
  361         (5) In order to provide an appropriate transition period,
  362  an insurer may, in its sole discretion, implement an approved
  363  rate filing for residential property insurance over a period of
  364  years. An insurer electing to phase in its rate filing must
  365  provide an informational notice to the office setting out its
  366  schedule for implementation of the phased-in rate filing. An
  367  insurer may include in its rate the actual cost of reinsurance
  368  that duplicates available coverage of the Temporary Increase in
  369  Coverage Limits, TICL, from the Florida Hurricane Catastrophe
  370  Fund. The insurer may include the cost of reinsurance in its
  371  rate even if the insurer does not purchase the TICL layer.
  372  However, this cost for reinsurance may not include any expense
  373  or profit load or result in a total annual base rate increase in
  374  excess of 10 percent.
  375         Section 6. Paragraphs (a), (m), and (x) of subsection (6)
  376  of section 627.351, Florida Statutes, are amended to read:
  377         627.351 Insurance risk apportionment plans.—
  378         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  379         (a)1. It is the public purpose of this subsection to ensure
  380  the existence of an orderly market for property insurance for
  381  Floridians and Florida businesses. The Legislature finds that
  382  private insurers are unwilling or unable to provide affordable
  383  property insurance coverage in this state to the extent sought
  384  and needed. The absence of affordable property insurance
  385  threatens the public health, safety, and welfare and likewise
  386  threatens the economic health of the state. The state therefore
  387  has a compelling public interest and a public purpose to assist
  388  in assuring that property in the state is insured and that it is
  389  insured at affordable rates so as to facilitate the remediation,
  390  reconstruction, and replacement of damaged or destroyed property
  391  in order to reduce or avoid the negative effects otherwise
  392  resulting to the public health, safety, and welfare, to the
  393  economy of the state, and to the revenues of the state and local
  394  governments which are needed to provide for the public welfare.
  395  It is necessary, therefore, to provide affordable property
  396  insurance to applicants who are in good faith entitled to
  397  procure insurance through the voluntary market but are unable to
  398  do so. The Legislature intends by this subsection that
  399  affordable property insurance be provided and that it continue
  400  to be provided, as long as necessary, through Citizens Property
  401  Insurance Corporation, a government entity that is an integral
  402  part of the state, and that is not a private insurance company.
  403  To that end, Citizens Property Insurance Corporation shall
  404  strive to increase the availability of affordable property
  405  insurance in this state, while achieving efficiencies and
  406  economies, and while providing service to policyholders,
  407  applicants, and agents which is no less than the quality
  408  generally provided in the voluntary market, for the achievement
  409  of the foregoing public purposes. Because it is essential for
  410  this government entity to have the maximum financial resources
  411  to pay claims following a catastrophic hurricane, it is the
  412  intent of the Legislature that Citizens Property Insurance
  413  Corporation continue to be an integral part of the state and
  414  that the income of the corporation be exempt from federal income
  415  taxation and that interest on the debt obligations issued by the
  416  corporation be exempt from federal income taxation.
  417         2. The Residential Property and Casualty Joint Underwriting
  418  Association originally created by this statute shall be known,
  419  as of July 1, 2002, as the Citizens Property Insurance
  420  Corporation. The corporation shall provide insurance for
  421  residential and commercial property, for applicants who are in
  422  good faith entitled, but are unable, to procure insurance
  423  through the voluntary market. The corporation shall operate
  424  pursuant to a plan of operation approved by order of the
  425  Financial Services Commission. The plan is subject to continuous
  426  review by the commission. The commission may, by order, withdraw
  427  approval of all or part of a plan if the commission determines
  428  that conditions have changed since approval was granted and that
  429  the purposes of the plan require changes in the plan. The
  430  corporation shall continue to operate pursuant to the plan of
  431  operation approved by the Office of Insurance Regulation until
  432  October 1, 2006. For the purposes of this subsection,
  433  residential coverage includes both personal lines residential
  434  coverage, which consists of the type of coverage provided by
  435  homeowner’s, mobile home owner’s, dwelling, tenant’s,
  436  condominium unit owner’s, and similar policies, and commercial
  437  lines residential coverage, which consists of the type of
  438  coverage provided by condominium association, apartment
  439  building, and similar policies.
  440         3. Effective January 1, 2009, a personal lines residential
  441  structure that has a dwelling replacement cost of $2 million or
  442  more, or a single condominium unit that has a combined dwelling
  443  and content replacement cost of $2 million or more is not
  444  eligible for coverage by the corporation. Such dwellings insured
  445  by the corporation on December 31, 2008, may continue to be
  446  covered by the corporation until the end of the policy term.
  447  However, such dwellings that are insured by the corporation and
  448  become ineligible for coverage due to the provisions of this
  449  subparagraph may reapply and obtain coverage if the property
  450  owner provides the corporation with a sworn affidavit from one
  451  or more insurance agents, on a form provided by the corporation,
  452  stating that the agents have made their best efforts to obtain
  453  coverage and that the property has been rejected for coverage by
  454  at least one authorized insurer and at least three surplus lines
  455  insurers. If such conditions are met, the dwelling may be
  456  insured by the corporation for up to 3 years, after which time
  457  the dwelling is ineligible for coverage. The office shall
  458  approve the method used by the corporation for valuing the
  459  dwelling replacement cost for the purposes of this subparagraph.
  460  If a policyholder is insured by the corporation prior to being
  461  determined to be ineligible pursuant to this subparagraph and
  462  such policyholder files a lawsuit challenging the determination,
  463  the policyholder may remain insured by the corporation until the
  464  conclusion of the litigation.
  465         4. It is the intent of the Legislature that policyholders,
  466  applicants, and agents of the corporation receive service and
  467  treatment of the highest possible level but never less than that
  468  generally provided in the voluntary market. It also is intended
  469  that the corporation be held to service standards no less than
  470  those applied to insurers in the voluntary market by the office
  471  with respect to responsiveness, timeliness, customer courtesy,
  472  and overall dealings with policyholders, applicants, or agents
  473  of the corporation.
  474         5. Effective January 1, 2009, a personal lines residential
  475  structure that is located in the “wind-borne debris region,” as
  476  defined in s. 1609.2, International Building Code (2006), and
  477  that has an insured value on the structure of $750,000 or more
  478  is not eligible for coverage by the corporation unless the
  479  structure has opening protections as required under the Florida
  480  Building Code for a newly constructed residential structure in
  481  that area. A residential structure shall be deemed to comply
  482  with the requirements of this subparagraph if it has shutters or
  483  opening protections on all openings and if such opening
  484  protections complied with the Florida Building Code at the time
  485  they were installed. Effective January 1, 2012 January 1, 2010,
  486  for personal lines residential property insured by the
  487  corporation that is located in the wind-borne debris region and
  488  has an insured value on the structure of $500,000 or more, a
  489  prospective purchaser of any such residential property must be
  490  provided by the seller a written disclosure that contains the
  491  structure’s windstorm mitigation rating based on the uniform
  492  home grading scale adopted under s. 215.55865. Such rating shall
  493  be provided to the purchaser at or before the time the purchaser
  494  executes a contract for sale and purchase.
  495         (m)1. Rates for coverage provided by the corporation shall
  496  be actuarially sound and subject to the requirements of s.
  497  627.062, except as otherwise provided in this paragraph. The
  498  corporation shall file its recommended rates with the office at
  499  least annually. The corporation shall provide any additional
  500  information regarding the rates which the office requires. The
  501  office shall consider the recommendations of the board and issue
  502  a final order establishing the rates for the corporation within
  503  45 days after the recommended rates are filed. The corporation
  504  may not pursue an administrative challenge or judicial review of
  505  the final order of the office.
  506         2. In addition to the rates otherwise determined pursuant
  507  to this paragraph, the corporation shall impose and collect an
  508  amount equal to the premium tax provided for in s. 624.509 to
  509  augment the financial resources of the corporation.
  510         3. After the public hurricane loss-projection model under
  511  s. 627.06281 has been found to be accurate and reliable by the
  512  Florida Commission on Hurricane Loss Projection Methodology,
  513  that model shall serve as the minimum benchmark for determining
  514  the windstorm portion of the corporation’s rates. This
  515  subparagraph does not require or allow the corporation to adopt
  516  rates lower than the rates otherwise required or allowed by this
  517  paragraph.
  518         4. The rate filings for the corporation which were approved
  519  by the office and which took effect January 1, 2007, are
  520  rescinded, except for those rates that were lowered. As soon as
  521  possible, the corporation shall begin using the lower rates that
  522  were in effect on December 31, 2006, and shall provide refunds
  523  to policyholders who have paid higher rates as a result of that
  524  rate filing. The rates in effect on December 31, 2006, shall
  525  remain in effect for the 2007 and 2008 calendar years except for
  526  any rate change that results in a lower rate. The next rate
  527  change that may increase rates shall take effect pursuant to a
  528  new rate filing recommended by the corporation and established
  529  by the office, subject to the requirements of this paragraph.
  530         5. Beginning on July 15, 2009, and each year thereafter,
  531  the corporation must make a recommended actuarially sound rate
  532  filing for each personal and commercial line of business it
  533  writes, to be effective no earlier than January 1, 2010.
  534         6.Notwithstanding the board’s recommended rates and the
  535  office’s final order regarding the corporation’s filed rates
  536  under subparagraph 1., the corporation shall implement a rate
  537  increase each year which does not exceed 10 percent for any
  538  single policy issued by the corporation, adjusted for exposure
  539  change. The corporation may also implement an increase to
  540  reflect the effect on the corporation of the cash buildup factor
  541  pursuant to s. 215.555(5)(b).
  542         7.The corporation’s implementation of rates as prescribed
  543  in subparagraph 6. shall cease upon the corporation’s
  544  implementation of actuarially sound rates.
  545         8.Beginning January 1, 2010, and each year thereafter, the
  546  corporation shall transfer 10 percent of the funds received from
  547  the rate increase prescribed by subparagraph 6. to the General
  548  Revenue Fund. The corporation’s transfer of such funds shall
  549  cease upon the corporation’s implementation of actuarially sound
  550  rates.
  551         (x) It is the intent of the Legislature that the amendments
  552  to this subsection enacted in 2002 should, over time, reduce the
  553  probable maximum windstorm losses in the residual markets and
  554  should reduce the potential assessments to be levied on property
  555  insurers and policyholders statewide. In furtherance of this
  556  intent:
  557         1. The board shall, on or before February 1 of each year,
  558  provide a report to the President of the Senate and the Speaker
  559  of the House of Representatives showing the reduction or
  560  increase in the 100-year probable maximum loss attributable to
  561  wind-only coverages and the quota share program under this
  562  subsection combined, as compared to the benchmark 100-year
  563  probable maximum loss of the Florida Windstorm Underwriting
  564  Association. For purposes of this paragraph, the benchmark 100
  565  year probable maximum loss of the Florida Windstorm Underwriting
  566  Association shall be the calculation dated February 2001 and
  567  based on November 30, 2000, exposures. In order to ensure
  568  comparability of data, the board shall use the same methods for
  569  calculating its probable maximum loss as were used to calculate
  570  the benchmark probable maximum loss.
  571         2. Beginning February 1, 2013 February 1, 2010, if the
  572  report under subparagraph 1. for any year indicates that the
  573  100-year probable maximum loss attributable to wind-only
  574  coverages and the quota share program combined does not reflect
  575  a reduction of at least 25 percent from the benchmark, the board
  576  shall reduce the boundaries of the high-risk area eligible for
  577  wind-only coverages under this subsection in a manner calculated
  578  to reduce such probable maximum loss to an amount at least 25
  579  percent below the benchmark.
  580         3. Beginning February 1, 2018 February 1, 2015, if the
  581  report under subparagraph 1. for any year indicates that the
  582  100-year probable maximum loss attributable to wind-only
  583  coverages and the quota share program combined does not reflect
  584  a reduction of at least 50 percent from the benchmark, the
  585  boundaries of the high-risk area eligible for wind-only
  586  coverages under this subsection shall be reduced by the
  587  elimination of any area that is not seaward of a line 1,000 feet
  588  inland from the Intracoastal Waterway.
  589         Section 7. Section 627.3512, Florida Statutes, is amended
  590  to read:
  591         627.3512 Recoupment of residual market deficit
  592  assessments.—
  593         (1) An insurer or insurer group may recoup any assessments
  594  that have been paid during or after 1995 by the insurer or
  595  insurer group to defray deficits of an insurance risk
  596  apportionment plan or assigned risk plan under ss. 627.311 and
  597  627.351, net of any earnings returned to the insurer or insurer
  598  group by the association or plan for any year after 1993. The
  599  insurer or insurer group shall begin the recoupment process
  600  within 180 days after the date of the assessment as indicated on
  601  the invoice received by the insurer or insurer group. An insurer
  602  that fails to begin the recoupment process within 180 days after
  603  the date of the assessment may not recoup the amount assessed. A
  604  limited apportionment company as defined in s. 627.351(6)(c) may
  605  recoup any regular assessment that has been levied by, or paid
  606  to, Citizens Property Insurance Corporation.
  607         (2) The recoupment shall be made by applying a separate
  608  recoupment assessment factor on policies of the same line or
  609  type as were considered by the residual markets in determining
  610  the assessment liability of the insurer or insurer group. An
  611  insurer or insurer group shall calculate a separate assessment
  612  factor for personal lines and commercial lines. The separate
  613  assessment factor shall provide for full recoupment of the
  614  assessments over a period of 1 year, unless the insurer or
  615  insurer group, at its option, elects to recoup the assessments
  616  over a longer period. The assessment factor expires upon
  617  collection of the full amount allowed to be recouped. Amounts
  618  recouped under this section are not subject to premium taxes,
  619  fees, or commissions.
  620         (3)(2) The recoupment assessment factor may must not be
  621  more than 3 percentage points above the ratio of the deficit
  622  assessment to the Florida direct written premium for policies
  623  for the lines or types of business as to which the assessment
  624  was calculated, as written in the year the deficit assessment
  625  was paid. If an insurer or insurer group fails to collect the
  626  full amount of the deficit assessment within a 1-year period,
  627  the insurer or insurer group may must carry forward the amount
  628  of the deficit and adjust the deficit assessment to be recouped
  629  in the a subsequent year by that amount. The insurer or insurer
  630  group shall adjust the recoupment factor to be applied for the
  631  subsequent year. The insurer or insurer group may not apply any
  632  recoupment factor in a manner that is unfairly discriminatory
  633  among its policyholders within the same lines, types, or
  634  sublines of business.
  635         (4)(3) The insurer or insurer group shall file with the
  636  office a statement setting forth the amount of the assessment
  637  factor and an explanation of how the factor will be applied, at
  638  least 15 days prior to the factor being applied to any policies.
  639  The statement shall include documentation of the assessment paid
  640  by the insurer or insurer group and the arithmetic calculations
  641  supporting the assessment factor. The office shall complete its
  642  review within 30 15 days after receipt of the filing and shall
  643  limit its review to verification of the arithmetic calculations.
  644  The insurer or insurer group may use the assessment factor at
  645  any time after the expiration of the 30-day 15-day period unless
  646  the office has notified the insurer or insurer group in writing
  647  that the arithmetic calculations are incorrect.
  648         (5)If an insurer or insurer group over-recoups any
  649  assessment it has, it shall forward all excess recoupment to the
  650  corporation to be held in a separate account to offset future
  651  assessments.
  652         (6)A final accounting report documenting the assessment
  653  recouped shall be submitted to the office within 60 days after
  654  the recoupment period ends. The chief executive officer or chief
  655  financial officer must certify under oath and subject to the
  656  penalty of perjury, on a form approved by the commission, that
  657  he or she has reviewed the report; that the information in the
  658  report is true and accurate; and that, based on his or her
  659  knowledge:
  660         (a)The report does not contain any untrue statement of a
  661  material fact or omit a material fact necessary in order to make
  662  the statements not misleading, in light of the circumstances
  663  under which the statements were made;
  664         (b)The effective dates of the recoupment period are
  665  correct;
  666         (c)The recoupment factor used is correct;
  667         (d)The direct written premium and associated recoupment
  668  amounts received each month for the entire recoupment period are
  669  correct; and
  670         (e)All excess recoupment moneys have been paid to the
  671  corporation.
  672         (7)Any insurer or insurer group that does not elect to use
  673  this process to recoup an assessment amount that it has paid is
  674  prohibited from including this uncollected assessment amount as
  675  any component in any subsequent rate filing required by s.
  676  627.062 or s. 627.0651.
  677         (8)(4) The commission may adopt rules to implement this
  678  section.
  679         Section 8. Section 627.7031, Florida Statutes, is created
  680  to read:
  681         627.7031Residential property insurance option.—
  682         (1)An insurer may offer or renew policies at rates
  683  established in accordance with s. 627.062(2)(k) if all of the
  684  following conditions are met:
  685         (a)The insurer is authorized to write property insurance
  686  in this state.
  687         (b)The insurer has at the time of issuance of the policy
  688  or, at the time of first renewal at rates pursuant to s.
  689  627.062(2)(k), surplus as to policyholders equal to or greater
  690  than $500 million.
  691         (c)For policies issued after July 1, 2009, or renewed at
  692  such rate, the applicant or insured is given before each renewal
  693  the following notice printed in at least 12-point boldfaced
  694  type:
  695  
  696         THE RATE FOR THIS POLICY IS NOT REGULATED BY THE
  697         FLORIDA OFFICE OF INSURANCE REGULATION AND MAY BE
  698         HIGHER THAN THE RATE APPROVED BY THAT OFFICE. A
  699         RESIDENTIAL PROPERTY POLICY SUBJECT TO FULL RATE
  700         REGULATION REQUIREMENTS MAY BE AVAILABLE FROM THIS
  701         INSURER, ANOTHER INSURER, OR CITIZENS PROPERTY
  702         INSURANCE CORPORATION. PLEASE DISCUSS YOUR POLICY
  703         OPTIONS WITH YOUR INSURANCE AGENT.
  704  
  705         (2)For policies issued before July 1, 2009, which are to
  706  be renewed at such rate, the notice required by paragraph (1)(c)
  707  must be furnished in writing as a document separate from the
  708  renewal notice, but may be contained within the same mailing as
  709  the renewal notice.
  710  
  711  ================= T I T L E  A M E N D M E N T ================
  712         And the title is amended as follows:
  713         Delete lines 49 - 68
  714  and insert:
  715         authorizing an insurer complying with certain
  716         provisions of state law to use a rate in excess of the
  717         otherwise applicable filed rate; requiring the filing
  718         of such rates with the office; preserving the
  719         authority of the office to disapprove rates and rate
  720         filings on certain grounds; authorizing the office to
  721         direct the insurer to make a certain filing upon a
  722         finding that an insurer has used a rating factor that
  723         is unlawful under specified provisions of state law;
  724         exempting certain policies from inclusion in a
  725         specified calculation; amending s. 627.0621, F.S.;
  726         deleting a limitation on the application of the
  727         attorney-client privilege and work product doctrine in
  728         challenges to actions by the Office of Insurance
  729         Regulation relating to rate filings; amending s.
  730         627.0629, F.S.; authorizing an insurer to include in
  731         its rates the actual cost of certain reinsurance;
  732         amending s. 627.351, F.S.; revising the date after
  733         which a seller of certain residential property must
  734         disclose the structure’s windstorm mitigation rating
  735         to the prospective purchaser of the property;
  736         requiring Citizen’s Property Insurance Corporation to
  737         implement rate increases until the implementation of
  738         actuarially sound rates; requiring the corporation to
  739         transfer a portion of the funds received from the rate
  740         increase into the General Revenue Fund; revising the
  741         dates after which the State Board of Administration is
  742         required to reduce the boundaries of high-risk areas
  743         eligible for wind-only coverages under certain
  744         circumstances; creating s. 627.7031, F.S.; authorizing
  745         an insurer to renew policies at ertain rates under
  746         certain conditions; providing notice requirements for
  747         certain policies; amending s. 627.3512, F.S.;
  748         authorizing