Florida Senate - 2009                      CS for CS for SB 1950
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Banking and Insurance; and Senator Richter
       
       
       
       576-05392-09                                          20091950c2
    1                        A bill to be entitled                      
    2         An act relating to property insurance; amending s.
    3         215.555, F.S.; revising the dates of an insurer’s
    4         contract year for purposes of calculating the
    5         insurer’s retention; requiring the State Board of
    6         Administration to offer an additional amount of
    7         reimbursement coverage to certain insurers that
    8         purchased coverage during a certain calendar year;
    9         requiring an insurer that purchases certain coverage
   10         to retain an amount equal to a percentage of the
   11         insurer’s surplus on a certain date; providing that an
   12         insurer’s retention will apply along with a mandatory
   13         coverage after an optional coverage is exhausted;
   14         revising an expiration date on the requirement for the
   15         State Board of Administration to offer certain
   16         optional coverage to insurers; requiring the State
   17         Board of Administration to publish a statement of the
   18         estimated claims-paying capacity of the Hurricane
   19         Catastrophe Fund; authorizing the State Board of
   20         Administration to reimburse insurers based on a
   21         formula related to the claims-paying capacity of the
   22         Hurricane Catastrophe Fund; requiring the formula to
   23         determine an actuarially indicated premium to include
   24         specified cash build-up factors; authorizing the State
   25         Board of Administration to require insurers to
   26         notarize documents submitted to the board; authorizing
   27         insurers to purchase temporary increased coverage
   28         limit for certain future hurricane seasons; providing
   29         that a cash build-up factor does not apply to
   30         temporary increased coverage limit premiums; providing
   31         dates on which the claims-paying capacity of the fund
   32         will increase; deleting authority for the State Board
   33         of Administration to increase the claims-paying
   34         capacity of the Hurricane Catastrophe Fund; amending
   35         s. 215.5586, F.S.; revising legislative intent;
   36         revising criteria for hurricane mitigation
   37         inspections; revising criteria for eligibility for a
   38         mitigation grant; expanding the list of improvements
   39         for which grants may be used; correcting a reference
   40         to the Florida Division of Emergency Management;
   41         deleting provisions relating to no-interest loans;
   42         requiring that contracts valued at or greater than a
   43         specified amount be subject to review and approval of
   44         the Legislative Budget Commission; amending s.
   45         627.062, F.S.; revising the date by which certain
   46         filings for a rate increase must be made by a file and
   47         use filing; exempting certain rate filings from
   48         determination by the Office of Insurance Regulation
   49         that the rate in the rate filing is excessive or
   50         unfairly discriminatory; amending s. 627.0621, F.S.;
   51         deleting a limitation on the application of the
   52         attorney-client privilege and work product doctrine in
   53         challenges to actions by the Office of Insurance
   54         Regulation relating to rate filings; amending s.
   55         627.0629, F.S.; authorizing an insurer to include in
   56         its rates the actual cost of certain reinsurance;
   57         amending s. 627.351, F.S.; deleting a provision
   58         requiring a seller of certain residential property to
   59         disclose the structure’s windstorm mitigation rating
   60         to the prospective purchaser of the property;
   61         providing for members of the board of governors of
   62         Citizens Property Insurance Corporation to serve
   63         staggered terms; requiring Citizen’s Property
   64         Insurance Corporation to implement rate increases
   65         until the implementation of actuarially sound rates;
   66         requiring the corporation to transfer a portion of the
   67         funds received from the rate increase into the General
   68         Revenue Fund; revising the dates after which the State
   69         Board of Administration is required to reduce the
   70         boundaries of high-risk areas eligible for wind-only
   71         coverages under certain circumstances; amending s.
   72         627.3512, F.S.; authorizing insurers to recoup
   73         assessments within a certain period; requiring
   74         insurers to file a final accounting report with the
   75         Office of Insurance Regulation which documents the
   76         assessment recouped; requiring the officer of the
   77         insurer who signs the report to acknowledge certain
   78         statements; prohibiting insurers that do not file the
   79         report from including the uncollected assessment
   80         amount in any subsequent rate filing; amending s.
   81         627.712, F.S.; revising the properties for which an
   82         insurer must make policies available which exclude
   83         windstorm coverage; amending s. 631.57, F.S.; deleting
   84         provisions requiring certain insurers to submit
   85         certain information; amending s. 631.64, F.S.;
   86         authorizing insurers to recoup certain assessments;
   87         requiring the recoupment to begin within a certain
   88         period; limiting the recoupment factor; authorizing
   89         insurers to carry forward certain assessments that
   90         have not been recouped; requiring insurers to file a
   91         final accounting report with the Office of Insurance
   92         Regulation which documents the assessment recouped;
   93         requiring the officer of the insurer who signs the
   94         report to acknowledge certain statements; providing
   95         that all excess recoupment be sent to the Florida
   96         Insurance Guaranty Association; requiring that the
   97         insurer document the accounting of the over-recoupment
   98         in the final accounting report; authorizing the
   99         commission to adopt rules; amending s. 631.65, F.S.;
  100         providing that an insurance agent is not prohibited
  101         from explaining the existence or function of the
  102         insurance guaranty association; providing for the
  103         appropriation of certain transferred funds to the
  104         Insurance Regulatory Trust Fund for purposes of the My
  105         Safe Florida Home Program; providing an effective
  106         date.
  107  
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Paragraph (e) of subsection (2), subsection (4),
  111  paragraph (b) of subsection (5), and subsections (7) and (17) of
  112  section 215.555, Florida Statutes, are amended to read:
  113         215.555 Florida Hurricane Catastrophe Fund.—
  114         (2) DEFINITIONS.—As used in this section:
  115         (e) “Retention” means the amount of losses below which an
  116  insurer is not entitled to reimbursement from the fund. An
  117  insurer’s retention shall be calculated as follows:
  118         1. The board shall calculate and report to each insurer the
  119  retention multiples for that year. For the contract year
  120  beginning June 1, 2005, the retention multiple shall be equal to
  121  $4.5 billion divided by the total estimated reimbursement
  122  premium for the contract year; for subsequent years, the
  123  retention multiple shall be equal to $4.5 billion, adjusted
  124  based upon the reported exposure from the prior contract year to
  125  reflect the percentage growth in exposure to the fund for
  126  covered policies since 2004, divided by the total estimated
  127  reimbursement premium for the contract year. Total reimbursement
  128  premium for purposes of the calculation under this subparagraph
  129  shall be estimated using the assumption that all insurers have
  130  selected the 90-percent coverage level. In 2010, the contract
  131  year begins June 1 and ends December 31, 2010. In 2011 and
  132  thereafter, the contract year begins January 1 and ends December
  133  31.
  134         2. The retention multiple as determined under subparagraph
  135  1. shall be adjusted to reflect the coverage level elected by
  136  the insurer. For insurers electing the 90-percent coverage
  137  level, the adjusted retention multiple is 100 percent of the
  138  amount determined under subparagraph 1. For insurers electing
  139  the 75-percent coverage level, the retention multiple is 120
  140  percent of the amount determined under subparagraph 1. For
  141  insurers electing the 45-percent coverage level, the adjusted
  142  retention multiple is 200 percent of the amount determined under
  143  subparagraph 1.
  144         3. An insurer shall determine its provisional retention by
  145  multiplying its provisional reimbursement premium by the
  146  applicable adjusted retention multiple and shall determine its
  147  actual retention by multiplying its actual reimbursement premium
  148  by the applicable adjusted retention multiple.
  149         4. For insurers who experience multiple covered events
  150  causing loss during the contract year, beginning June 1, 2005,
  151  each insurer’s full retention shall be applied to each of the
  152  covered events causing the two largest losses for that insurer.
  153  For each other covered event resulting in losses, the insurer’s
  154  retention shall be reduced to one-third of the full retention.
  155  The reimbursement contract shall provide for the reimbursement
  156  of losses for each covered event based on the full retention
  157  with adjustments made to reflect the reduced retentions on or
  158  after January 1 of the contract year provided the insurer
  159  reports its losses as specified in the reimbursement contract.
  160         (4) REIMBURSEMENT CONTRACTS.—
  161         (a) The board shall enter into a contract with each insurer
  162  writing covered policies in this state to provide to the insurer
  163  the reimbursement described in paragraphs (b) and (d), in
  164  exchange for the reimbursement premium paid into the fund under
  165  subsection (5). As a condition of doing business in this state,
  166  each such insurer shall enter into such a contract.
  167         (b)1. The contract shall contain a promise by the board to
  168  reimburse the insurer for 45 percent, 75 percent, or 90 percent
  169  of its losses from each covered event in excess of the insurer’s
  170  retention, plus 5 percent of the reimbursed losses to cover loss
  171  adjustment expenses.
  172         2. The insurer must elect one of the percentage coverage
  173  levels specified in this paragraph and may, upon renewal of a
  174  reimbursement contract, elect a lower percentage coverage level
  175  if no revenue bonds issued under subsection (6) after a covered
  176  event are outstanding, or elect a higher percentage coverage
  177  level, regardless of whether or not revenue bonds are
  178  outstanding. All members of an insurer group must elect the same
  179  percentage coverage level. Any joint underwriting association,
  180  risk apportionment plan, or other entity created under s.
  181  627.351 must elect the 90-percent coverage level.
  182         3. The contract shall provide that reimbursement amounts
  183  shall not be reduced by reinsurance paid or payable to the
  184  insurer from other sources.
  185         4. Notwithstanding any other provision contained in this
  186  section, the board shall make available to insurers that
  187  purchased coverage provided by this subparagraph in 2008 2007,
  188  insurers qualifying as limited apportionment companies under s.
  189  627.351(6)(c), and insurers that have been approved to
  190  participate in the Insurance Capital Build-Up Incentive Program
  191  pursuant to s. 215.5595 a contract or contract addendum that
  192  provides an additional amount of reimbursement coverage of up to
  193  $10 million. The premium to be charged for this additional
  194  reimbursement coverage shall be 50 percent of the additional
  195  reimbursement coverage provided, which shall include one prepaid
  196  reinstatement. The minimum retention level that an eligible
  197  participating insurer must retain associated with this
  198  additional coverage layer is 30 percent of the insurer’s surplus
  199  as of December 31, 2008, for the 2009 contract year; as of
  200  December 31, 2009, for the 2010 contract year; and as of
  201  December 31, 2010, for the 2011 contract year December 31, 2007.
  202  This coverage shall be in addition to all other coverage that
  203  may be provided under this section. The coverage provided by the
  204  fund under this subparagraph shall be in addition to the claims
  205  paying capacity as defined in subparagraph (c)1., but only with
  206  respect to those insurers that select the additional coverage
  207  option and meet the requirements of this subparagraph. The
  208  claims-paying capacity with respect to all other participating
  209  insurers and limited apportionment companies that do not select
  210  the additional coverage option shall be limited to their
  211  reimbursement premium’s proportionate share of the actual
  212  claims-paying capacity otherwise defined in subparagraph (c)1.
  213  and as provided for under the terms of the reimbursement
  214  contract. The optional coverage retention as specified shall be
  215  accessed before the mandatory coverage under the reimbursement
  216  contract, but once the limit of coverage selected under this
  217  option is exhausted, the insurer’s retention under the mandatory
  218  coverage will apply. This coverage will apply and be paid
  219  concurrently with mandatory coverage. Coverage provided in the
  220  reimbursement contract shall not be affected by the additional
  221  premiums paid by participating insurers exercising the
  222  additional coverage option allowed in this subparagraph. This
  223  subparagraph expires on December 31, 2011 May 31, 2009.
  224         (c)1. The contract shall also provide that the obligation
  225  of the board with respect to all contracts covering a particular
  226  contract year shall not exceed the actual claims-paying capacity
  227  of the fund up to a limit of $15 billion for that contract year
  228  adjusted based upon the reported exposure from the prior
  229  contract year to reflect the percentage growth in exposure to
  230  the fund for covered policies since 2003, provided the dollar
  231  growth in the limit may not increase in any year by an amount
  232  greater than the dollar growth of the balance of the fund as of
  233  December 31, less any premiums or interest attributable to
  234  optional coverage, as defined by rule which occurred over the
  235  prior calendar year.
  236         2. In May before the start of the upcoming contract year
  237  and in October of during the contract year, the board shall
  238  publish in the Florida Administrative Weekly a statement of the
  239  fund’s estimated borrowing capacity, the fund’s estimated
  240  claims-paying capacity, and the projected balance of the fund as
  241  of December 31. After the end of each calendar year, the board
  242  shall notify insurers of the estimated borrowing capacity,
  243  estimated claims-paying capacity, and the balance of the fund as
  244  of December 31 to provide insurers with data necessary to assist
  245  them in determining their retention and projected payout from
  246  the fund for loss reimbursement purposes. In conjunction with
  247  the development of the premium formula, as provided for in
  248  subsection (5), the board shall publish factors or multiples
  249  that assist insurers in determining their retention and
  250  projected payout for the next contract year. For all regulatory
  251  and reinsurance purposes, an insurer may calculate its projected
  252  payout from the fund as its share of the total fund premium for
  253  the current contract year multiplied by the sum of the projected
  254  balance of the fund as of December 31 and the estimated
  255  borrowing capacity for that contract year as reported under this
  256  subparagraph.
  257         (d)1. For purposes of determining potential liability and
  258  to aid in the sound administration of the fund, the contract
  259  shall require each insurer to report such insurer’s losses from
  260  each covered event on an interim basis, as directed by the
  261  board. The contract shall require the insurer to report to the
  262  board no later than December 31 of each year, and quarterly
  263  thereafter, its reimbursable losses from covered events for the
  264  year. The contract shall require the board to determine and pay,
  265  as soon as practicable after receiving these reports of
  266  reimbursable losses, the initial amount of reimbursement due and
  267  adjustments to this amount based on later loss information. The
  268  adjustments to reimbursement amounts shall require the board to
  269  pay, or the insurer to return, amounts reflecting the most
  270  recent calculation of losses.
  271         2. In determining reimbursements pursuant to this
  272  subsection, the contract shall provide that the board shall pay
  273  to each insurer such insurer’s projected payout, which is the
  274  amount of reimbursement it is owed, up to an amount equal to the
  275  insurer’s share of the actual premium paid for that contract
  276  year, multiplied by the actual claims-paying capacity available
  277  for that contract year.
  278         3.The board may reimburse insurers for amounts up to the
  279  published factors or multiples for determining each
  280  participating insurer’s retention and projected payout derived
  281  as a result of the development of the premium formula in those
  282  situations in which the total reimbursement of losses to such
  283  insurers would not exceed the estimated claims-paying capacity
  284  of the fund. Otherwise, such factors or multiples shall be
  285  reduced uniformly among all insurers to reflect the estimated
  286  claims-paying capacity.
  287         (e)1. Except as provided in subparagraphs 2. and 3., the
  288  contract shall provide that if an insurer demonstrates to the
  289  board that it is likely to qualify for reimbursement under the
  290  contract, and demonstrates to the board that the immediate
  291  receipt of moneys from the board is likely to prevent the
  292  insurer from becoming insolvent, the board shall advance the
  293  insurer, at market interest rates, the amounts necessary to
  294  maintain the solvency of the insurer, up to 50 percent of the
  295  board’s estimate of the reimbursement due the insurer. The
  296  insurer’s reimbursement shall be reduced by an amount equal to
  297  the amount of the advance and interest thereon.
  298         2. With respect only to an entity created under s. 627.351,
  299  the contract shall also provide that the board may, upon
  300  application by such entity, advance to such entity, at market
  301  interest rates, up to 90 percent of the lesser of:
  302         a. The board’s estimate of the amount of reimbursement due
  303  to such entity; or
  304         b. The entity’s share of the actual reimbursement premium
  305  paid for that contract year, multiplied by the currently
  306  available liquid assets of the fund. In order for the entity to
  307  qualify for an advance under this subparagraph, the entity must
  308  demonstrate to the board that the advance is essential to allow
  309  the entity to pay claims for a covered event and the board must
  310  determine that the fund’s assets are sufficient and are
  311  sufficiently liquid to allow the board to make an advance to the
  312  entity and still fulfill the board’s reimbursement obligations
  313  to other insurers. The entity’s final reimbursement for any
  314  contract year in which an advance has been made under this
  315  subparagraph must be reduced by an amount equal to the amount of
  316  the advance and any interest on such advance. In order to
  317  determine what amounts, if any, are due the entity, the board
  318  may require the entity to report its exposure and its losses at
  319  any time to determine retention levels and reimbursements
  320  payable.
  321         3. The contract shall also provide specifically and solely
  322  with respect to any limited apportionment company under s.
  323  627.351(2)(b)3. that the board may, upon application by such
  324  company, advance to such company the amount of the estimated
  325  reimbursement payable to such company as calculated pursuant to
  326  paragraph (d), at market interest rates, if the board determines
  327  that the fund’s assets are sufficient and are sufficiently
  328  liquid to permit the board to make an advance to such company
  329  and at the same time fulfill its reimbursement obligations to
  330  the insurers that are participants in the fund. Such company’s
  331  final reimbursement for any contract year in which an advance
  332  pursuant to this subparagraph has been made shall be reduced by
  333  an amount equal to the amount of the advance and interest
  334  thereon. In order to determine what amounts, if any, are due to
  335  such company, the board may require such company to report its
  336  exposure and its losses at such times as may be required to
  337  determine retention levels and loss reimbursements payable.
  338         (f) In order to ensure that insurers have properly reported
  339  the insured values on which the reimbursement premium is based
  340  and to ensure that insurers have properly reported the losses
  341  for which reimbursements have been made, the board shall
  342  inspect, examine, and verify the records of each insurer’s
  343  covered policies at such times as the board deems appropriate
  344  and according to standards established by rule for the specific
  345  purpose of validating the accuracy of exposures and losses
  346  required to be reported under the terms and conditions of the
  347  reimbursement contract. The costs of the examinations shall be
  348  borne by the board. However, in order to remove any incentive
  349  for an insurer to delay preparations for an examination, the
  350  board shall be reimbursed by the insurer for any examination
  351  expenses incurred in addition to the usual and customary costs
  352  of the examination, which additional expenses were incurred as a
  353  result of an insurer’s failure, despite proper notice, to be
  354  prepared for the examination or as a result of an insurer’s
  355  failure to provide requested information while the examination
  356  is in progress. If the board finds any insurer’s records or
  357  other necessary information to be inadequate or inadequately
  358  posted, recorded, or maintained, the board may employ experts to
  359  reconstruct, rewrite, record, post, or maintain such records or
  360  information, at the expense of the insurer being examined, if
  361  such insurer has failed to maintain, complete, or correct such
  362  records or deficiencies after the board has given the insurer
  363  notice and a reasonable opportunity to do so. Any information
  364  contained in an examination report, which information is
  365  described in s. 215.557, is confidential and exempt from the
  366  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  367  Constitution, as provided in s. 215.557. Nothing in this
  368  paragraph expands the exemption in s. 215.557.
  369         (g) The contract shall provide that in the event of the
  370  insolvency of an insurer, the fund shall pay directly to the
  371  Florida Insurance Guaranty Association for the benefit of
  372  Florida policyholders of the insurer the net amount of all
  373  reimbursement moneys owed to the insurer. As used in this
  374  paragraph, the term “net amount of all reimbursement moneys”
  375  means that amount which remains after reimbursement for:
  376         1. Preliminary or duplicate payments owed to private
  377  reinsurers or other inuring reinsurance payments to private
  378  reinsurers that satisfy statutory or contractual obligations of
  379  the insolvent insurer attributable to covered events to such
  380  reinsurers; or
  381         2. Funds owed to a bank or other financial institution to
  382  cover obligations of the insolvent insurer under a credit
  383  agreement that assists the insolvent insurer in paying claims
  384  attributable to covered events.
  385  
  386  The private reinsurers, banks, or other financial institutions
  387  shall be reimbursed or otherwise paid prior to payment to the
  388  Florida Insurance Guaranty Association, notwithstanding any law
  389  to the contrary. The guaranty association shall pay all claims
  390  up to the maximum amount permitted by chapter 631; thereafter,
  391  any remaining moneys shall be paid pro rata to claims not fully
  392  satisfied. This paragraph does not apply to a joint underwriting
  393  association, risk apportionment plan, or other entity created
  394  under s. 627.351.
  395         (5) REIMBURSEMENT PREMIUMS.—
  396         (b) The State Board of Administration shall select an
  397  independent consultant to develop a formula for determining the
  398  actuarially indicated premium to be paid to the fund. The
  399  formula shall specify, for each zip code or other limited
  400  geographical area, the amount of premium to be paid by an
  401  insurer for each $1,000 of insured value under covered policies
  402  in that zip code or other area. In establishing premiums, the
  403  board shall consider the coverage elected under paragraph (4)(b)
  404  and any factors that tend to enhance the actuarial
  405  sophistication of ratemaking for the fund, including
  406  deductibles, type of construction, type of coverage provided,
  407  relative concentration of risks, and other such factors deemed
  408  by the board to be appropriate. The formula must provide for a
  409  cash build-up factor. For the 2009-2010 contract year, the
  410  factor is 5 percent. For the contract year beginning June 1,
  411  2010, and ending December 31, 2010, the factor is 10 percent.
  412  For the 2011 contract year, the factor is 15 percent. For the
  413  2012 contract year, the factor is 20 percent. For the 2013
  414  contract year and thereafter, the factor is 25 percent. The
  415  formula may provide for a procedure to determine the premiums to
  416  be paid by new insurers that begin writing covered policies
  417  after the beginning of a contract year, taking into
  418  consideration when the insurer starts writing covered policies,
  419  the potential exposure of the insurer, the potential exposure of
  420  the fund, the administrative costs to the insurer and to the
  421  fund, and any other factors deemed appropriate by the board. The
  422  formula must be approved by unanimous vote of the board. The
  423  board may, at any time, revise the formula pursuant to the
  424  procedure provided in this paragraph.
  425         (7) ADDITIONAL POWERS AND DUTIES.—
  426         (a) The board may procure reinsurance from reinsurers
  427  acceptable to the Office of Insurance Regulation for the purpose
  428  of maximizing the capacity of the fund and may enter into
  429  capital market transactions, including, but not limited to,
  430  industry loss warranties, catastrophe bonds, side-car
  431  arrangements, or financial contracts permissible for the board’s
  432  usage under s. 215.47(10) and (11), consistent with prudent
  433  management of the fund.
  434         (b) In addition to borrowing under subsection (6), the
  435  board may also borrow from, or enter into other financing
  436  arrangements with, any market sources at prevailing interest
  437  rates.
  438         (c) Each fiscal year, the Legislature shall appropriate
  439  from the investment income of the Florida Hurricane Catastrophe
  440  Fund an amount no less than $10 million and no more than 35
  441  percent of the investment income based upon the most recent
  442  fiscal year-end audited financial statements for the purpose of
  443  providing funding for local governments, state agencies, public
  444  and private educational institutions, and nonprofit
  445  organizations to support programs intended to improve hurricane
  446  preparedness, reduce potential losses in the event of a
  447  hurricane, provide research into means to reduce such losses,
  448  educate or inform the public as to means to reduce hurricane
  449  losses, assist the public in determining the appropriateness of
  450  particular upgrades to structures or in the financing of such
  451  upgrades, or protect local infrastructure from potential damage
  452  from a hurricane. Moneys shall first be available for
  453  appropriation under this paragraph in fiscal year 1997-1998.
  454  Moneys in excess of the $10 million specified in this paragraph
  455  shall not be available for appropriation under this paragraph if
  456  the State Board of Administration finds that an appropriation of
  457  investment income from the fund would jeopardize the actuarial
  458  soundness of the fund.
  459         (d) The board may allow insurers to comply with reporting
  460  requirements and reporting format requirements by using
  461  alternative methods of reporting if the proper administration of
  462  the fund is not thereby impaired and if the alternative methods
  463  produce data which is consistent with the purposes of this
  464  section.
  465         (e) In order to assure the equitable operation of the fund,
  466  the board may impose a reasonable fee on an insurer to recover
  467  costs involved in reprocessing inaccurate, incomplete, or
  468  untimely exposure data submitted by the insurer.
  469         (f)The board may require insurers to notarize documents
  470  submitted to the board.
  471         (17) TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.—
  472         (a) Findings and intent.—
  473         1. The Legislature finds that:
  474         a. Because of temporary disruptions in the market for
  475  catastrophic reinsurance, many property insurers were unable to
  476  procure sufficient amounts of reinsurance for the 2006 hurricane
  477  season or were able to procure such reinsurance only by
  478  incurring substantially higher costs than in prior years.
  479         b. The reinsurance market problems were responsible, at
  480  least in part, for substantial premium increases to many
  481  consumers and increases in the number of policies issued by
  482  Citizens Property Insurance Corporation.
  483         c. It is likely that the reinsurance market disruptions
  484  will not significantly abate prior to the 2007 hurricane season.
  485         2. It is the intent of the Legislature to create options
  486  for insurers to purchase a temporary increased coverage limit
  487  above the statutorily determined limit in subparagraph (4)(c)1.,
  488  applicable for the 2007, 2008, and 2009, 2010, 2011, 2012, and
  489  2013 hurricane seasons, to address market disruptions and enable
  490  insurers, at their option, to procure additional coverage from
  491  the Florida Hurricane Catastrophe Fund.
  492         (b) Applicability of other provisions of this section.—All
  493  provisions of this section and the rules adopted under this
  494  section apply to the coverage created by this subsection unless
  495  specifically superseded by provisions in this subsection.
  496         (c) Optional coverage.—For the contract year commencing
  497  June 1, 2007, and ending May 31, 2008, the contract year
  498  commencing June 1, 2008, and ending May 31, 2009, and the
  499  contract year commencing June 1, 2009, and ending May 31, 2010,
  500  the contract year commencing June 1, 2010, and ending December
  501  31, 2010, the contract year commencing January 1, 2011, and
  502  ending December 31, 2011, the contract year commencing January
  503  1, 2012, and ending December 31, 2012, and the contract year
  504  commencing January 1, 2013, and ending December 31, 2013, the
  505  board shall offer, for each of such years, the optional coverage
  506  as provided in this subsection.
  507         (d) Additional definitions.—As used in this subsection, the
  508  term:
  509         1. “FHCF” means Florida Hurricane Catastrophe Fund.
  510         2. “FHCF reimbursement premium” means the premium paid by
  511  an insurer for its coverage as a mandatory participant in the
  512  FHCF, but does not include additional premiums for optional
  513  coverages.
  514         3. “Payout multiple” means the number or multiple created
  515  by dividing the statutorily defined claims-paying capacity as
  516  determined in subparagraph (4)(c)1. by the aggregate
  517  reimbursement premiums paid by all insurers estimated or
  518  projected as of calendar year-end.
  519         4. “TICL” means the temporary increase in coverage limit.
  520         5. “TICL options” means the temporary increase in coverage
  521  options created under this subsection.
  522         6. “TICL insurer” means an insurer that has opted to obtain
  523  coverage under the TICL options addendum in addition to the
  524  coverage provided to the insurer under its FHCF reimbursement
  525  contract.
  526         7. “TICL reimbursement premium” means the premium charged
  527  by the fund for coverage provided under the TICL option.
  528         8. “TICL coverage multiple” means the coverage multiple
  529  when multiplied by an insurer’s reimbursement premium that
  530  defines the temporary increase in coverage limit.
  531         9. “TICL coverage” means the coverage for an insurer’s
  532  losses above the insurer’s statutorily determined claims-paying
  533  capacity based on the claims-paying limit in subparagraph
  534  (4)(c)1., which an insurer selects as its temporary increase in
  535  coverage from the fund under the TICL options selected. A TICL
  536  insurer’s increased coverage limit options shall be calculated
  537  as follows:
  538         a. The board shall calculate and report to each TICL
  539  insurer the TICL coverage multiples based on 12 options for
  540  increasing the insurer’s FHCF coverage limit. Each TICL coverage
  541  multiple shall be calculated by dividing $1 billion, $2 billion,
  542  $3 billion, $4 billion, $5 billion, $6 billion, $7 billion, $8
  543  billion, $9 billion, $10 billion, $11 billion, or $12 billion by
  544  the total estimated aggregate FHCF reimbursement premiums for
  545  the 2007-2008 contract year, and the 2008-2009 contract year,
  546  and the 2009-2010 contract year.
  547         b.For the 2009-2010 contract year, the board shall
  548  calculate and report to each TICL insurer the TICL coverage
  549  multiples based on 10 options for increasing the insurer’s FHCF
  550  coverage limit. Each TICL coverage multiple shall be calculated
  551  by dividing $1 billion, $2 billion, $3 billion, $4 billion, $5
  552  billion, $6 billion, $7 billion, $8 billion, $9 billion, and $10
  553  billion by the total estimated aggregate FHCF reimbursement
  554  premiums for the 2009-2010 contract year.
  555         c.For the contract year beginning June 1, 2010, and ending
  556  December 31, 2010, the board shall calculate and report to each
  557  TICL insurer the TICL coverage multiples based on eight options
  558  for increasing the insurer’s FHCF coverage limit. Each TICL
  559  coverage multiple shall be calculated by dividing $1 billion, $2
  560  billion, $3 billion, $4 billion, $5 billion, $6 billion, $7
  561  billion, and $8 billion by the total estimated aggregate FHCF
  562  reimbursement premiums for the contract year.
  563         d.For the 2011 contract year, the board shall calculate
  564  and report to each TICL insurer the TICL coverage multiples
  565  based on six options for increasing the insurer’s FHCF coverage
  566  limit. Each TICL coverage multiple shall be calculated by
  567  dividing $1 billion, $2 billion, $3 billion, $4 billion, $5
  568  billion, and $6 billion by the total estimated aggregate FHCF
  569  reimbursement premiums for the 2011 contract year.
  570         e.For the 2012 contract year, the board shall calculate
  571  and report to each TICL insurer the TICL coverage multiples
  572  based on four options for increasing the insurer’s FHCF coverage
  573  limit. Each TICL coverage multiple shall be calculated by
  574  dividing $1 billion, $2 billion, $3 billion, and $4 billion by
  575  the total estimated aggregate FHCF reimbursement premiums for
  576  the 2012 contract year.
  577         f.For the 2013 contract year, the board shall calculate
  578  and report to each TICL insurer the TICL coverage multiples
  579  based on two options for increasing the insurer’s FHCF coverage
  580  limit. Each TICL coverage multiple shall be calculated by
  581  dividing $1 billion and $2 billion by the total estimated
  582  aggregate FHCF reimbursement premiums for the 2013 contract
  583  year.
  584         g.b. The TICL insurer’s increased coverage shall be the
  585  FHCF reimbursement premium multiplied by the TICL coverage
  586  multiple. In order to determine an insurer’s total limit of
  587  coverage, an insurer shall add its TICL coverage multiple to its
  588  payout multiple. The total shall represent a number that, when
  589  multiplied by an insurer’s FHCF reimbursement premium for a
  590  given reimbursement contract year, defines an insurer’s total
  591  limit of FHCF reimbursement coverage for that reimbursement
  592  contract year.
  593         10. “TICL options addendum” means an addendum to the
  594  reimbursement contract reflecting the obligations of the fund
  595  and insurers selecting an option to increase an insurer’s FHCF
  596  coverage limit.
  597         (e) TICL options addendum.—
  598         1. The TICL options addendum shall provide for
  599  reimbursement of TICL insurers for covered events occurring
  600  between June 1, 2007, and May 31, 2008, and between June 1,
  601  2008, and May 31, 2009, or between June 1, 2009, and May 31,
  602  2010, between June 1, 2010, and December 31, 2010, between
  603  January 1, 2011, and December 31, 2011, between January 1, 2012,
  604  and December 31, 2012, or between January 1, 2013, and December
  605  31, 2013, in exchange for the TICL reimbursement premium paid
  606  into the fund under paragraph (f). Any insurer writing covered
  607  policies has the option of selecting an increased limit of
  608  coverage under the TICL options addendum and shall select such
  609  coverage at the time that it executes the FHCF reimbursement
  610  contract.
  611         2. The TICL addendum shall contain a promise by the board
  612  to reimburse the TICL insurer for 45 percent, 75 percent, or 90
  613  percent of its losses from each covered event in excess of the
  614  insurer’s retention, plus 5 percent of the reimbursed losses to
  615  cover loss adjustment expenses. The percentage shall be the same
  616  as the coverage level selected by the insurer under paragraph
  617  (4)(b).
  618         3. The TICL addendum shall provide that reimbursement
  619  amounts shall not be reduced by reinsurance paid or payable to
  620  the insurer from other sources.
  621         4. The priorities, schedule, and method of reimbursements
  622  under the TICL addendum shall be the same as provided under
  623  subsection (4).
  624         (f) TICL reimbursement premiums.—Each TICL insurer shall
  625  pay to the fund, in the manner and at the time provided in the
  626  reimbursement contract for payment of reimbursement premiums, a
  627  TICL reimbursement premium determined as specified in subsection
  628  (5), except that a cash build-up factor does not apply to the
  629  TICL reimbursement premiums. However, the TICL reimbursement
  630  premium shall be increased in contract year 2009-2010 by a
  631  factor of two, in the contract year beginning June 1, 2010, and
  632  ending December 31, 2010, by a factor of three, in the 2011
  633  contract year by a factor of four, in the 2012 contract year by
  634  a factor of five, and in the 2013 contract year by a factor of
  635  six.
  636         (g) Effect on claims-paying capacity of the fund.—For the
  637  contract terms commencing June 1, 2007, June 1, 2008, and June
  638  1, 2009, June 1, 2010, January 1, 2011, January 1, 2012, and
  639  January 1, 2013, the program created by this subsection shall
  640  increase the claims-paying capacity of the fund as provided in
  641  subparagraph (4)(c)1. by an amount not to exceed $12 billion and
  642  shall depend on the TICL coverage options selected and the
  643  number of insurers that select the TICL optional coverage. The
  644  additional capacity shall apply only to the additional coverage
  645  provided under the TICL options and shall not otherwise affect
  646  any insurer’s reimbursement from the fund if the insurer chooses
  647  not to select the temporary option to increase its limit of
  648  coverage under the FHCF.
  649         (h)Increasing the claims-paying capacity of the fund.—For
  650  the contract years commencing June 1, 2007, June 1, 2008, and
  651  June 1, 2009, the board may increase the claims-paying capacity
  652  of the fund as provided in paragraph (g) by an amount not to
  653  exceed $4 billion in four $1 billion options and shall depend on
  654  the TICL coverage options selected and the number of insurers
  655  that select the TICL optional coverage. Each insurer’s TICL
  656  premium shall be calculated based upon the additional limit of
  657  increased coverage that the insurer selects. Such limit is
  658  determined by multiplying the TICL multiple associated with one
  659  of the four options times the insurer’s FHCF reimbursement
  660  premium. The reimbursement premium associated with the
  661  additional coverage provided in this paragraph shall be
  662  determined as specified in subsection (5).
  663         Section 2. Section 215.5586, Florida Statutes, as amended
  664  by section 1 of chapter 2009-10, Laws of Florida, is amended to
  665  read:
  666         215.5586 My Safe Florida Home Program.—There is established
  667  within the Department of Financial Services the My Safe Florida
  668  Home Program. The department shall provide fiscal
  669  accountability, contract management, and strategic leadership
  670  for the program, consistent with this section. This section does
  671  not create an entitlement for property owners or obligate the
  672  state in any way to fund the inspection or retrofitting of
  673  residential property in this state. Implementation of this
  674  program is subject to annual legislative appropriations. It is
  675  the intent of the Legislature that the My Safe Florida Home
  676  Program provide trained and certified inspectors to perform
  677  inspections for owners of for at least 400,000 site-built,
  678  single-family, residential properties and provide grants to
  679  eligible at least 35,000 applicants as funding allows before
  680  June 30, 2009. The program shall develop and implement a
  681  comprehensive and coordinated approach for hurricane damage
  682  mitigation that may shall include the following:
  683         (1) HURRICANE MITIGATION INSPECTIONS.
  684         (a) Certified inspectors to provide free home-retrofit
  685  inspections of site-built, single-family, residential property
  686  may shall be offered throughout the state to determine what
  687  mitigation measures are needed, what insurance premium discounts
  688  may be available, and what improvements to existing residential
  689  properties are needed to reduce the property’s vulnerability to
  690  hurricane damage. The Department of Financial Services shall
  691  contract with wind certification entities to provide free
  692  hurricane mitigation inspections. The inspections provided to
  693  homeowners, at a minimum, must include:
  694         1. A home inspection and report that summarizes the results
  695  and identifies recommended improvements a homeowner may take to
  696  mitigate hurricane damage.
  697         2. A range of cost estimates regarding the recommended
  698  mitigation improvements.
  699         3. Insurer-specific information regarding premium discounts
  700  correlated to the current mitigation features and the
  701  recommended mitigation improvements identified by the
  702  inspection.
  703         4. A hurricane resistance rating scale specifying the
  704  home’s current as well as projected wind resistance
  705  capabilities. As soon as practical, the rating scale must be the
  706  uniform home grading scale adopted by the Financial Services
  707  Commission pursuant to s. 215.55865.
  708         (b) To qualify for selection by the department as a wind
  709  certification entity to provide hurricane mitigation
  710  inspections, the entity shall, at a minimum, meet the following
  711  requirements:
  712         1. Use hurricane mitigation inspectors who:
  713         a. Are certified as a building inspector under s. 468.607;
  714         b. Are licensed as a general or residential contractor
  715  under s. 489.111;
  716         c. Are licensed as a professional engineer under s. 471.015
  717  and who have passed the appropriate equivalency test of the
  718  Building Code Training Program as required by s. 553.841;
  719         d. Are licensed as a professional architect under s.
  720  481.213; or
  721         e. Have at least 2 years of experience in residential
  722  construction or residential building inspection and have
  723  received specialized training in hurricane mitigation
  724  procedures. Such training may be provided by a class offered
  725  online or in person.
  726         2. Use hurricane mitigation inspectors who also:
  727         a. Have undergone drug testing and level 2 background
  728  checks pursuant to s. 435.04. The department may conduct
  729  criminal record checks of inspectors used by wind certification
  730  entities. Inspectors must submit a set of the fingerprints to
  731  the department for state and national criminal history checks
  732  and must pay the fingerprint processing fee set forth in s.
  733  624.501. The fingerprints shall be sent by the department to the
  734  Department of Law Enforcement and forwarded to the Federal
  735  Bureau of Investigation for processing. The results shall be
  736  returned to the department for screening. The fingerprints shall
  737  be taken by a law enforcement agency, designated examination
  738  center, or other department-approved entity; and
  739         b. Have been certified, in a manner satisfactory to the
  740  department, to conduct the inspections.
  741         3. Provide a quality assurance program including a
  742  reinspection component.
  743         (c) The department shall implement a quality assurance
  744  program that includes a statistically valid number of
  745  reinspections.
  746         (d) An application for an inspection must contain a signed
  747  or electronically verified statement made under penalty of
  748  perjury that the applicant has submitted only a single
  749  application for that home.
  750         (e) The owner of a site-built, single-family, residential
  751  property may apply for and receive an inspection without also
  752  applying for a grant pursuant to subsection (2) and without
  753  meeting the requirements of paragraph (2)(a).
  754         (2) MITIGATION GRANTS.—Financial grants shall be used to
  755  encourage single-family, site-built, owner-occupied, residential
  756  property owners to retrofit their properties to make them less
  757  vulnerable to hurricane damage.
  758         (a) For a homeowner to be eligible for a grant, the
  759  following criteria for persons who have obtained a completed
  760  inspection after May 1, 2007, a residential property must be
  761  met:
  762         1. The homeowner must have been granted a homestead
  763  exemption on the home under chapter 196.
  764         2. The home must be a dwelling with an insured value of
  765  $300,000 or less. Homeowners who are low-income persons, as
  766  defined in s. 420.0004(10), are exempt from this requirement.
  767         3. The home must have undergone an acceptable hurricane
  768  mitigation inspection after May 1, 2007.
  769         4. The home must be located in the “wind-borne debris
  770  region” as that term is defined in s. 1609.2, International
  771  Building Code (2006), or as subsequently amended.
  772         5. Be a home for which The building permit application for
  773  initial construction of the home must have been was made before
  774  March 1, 2002.
  775  
  776  An application for a grant must contain a signed or
  777  electronically verified statement made under penalty of perjury
  778  that the applicant has submitted only a single application and
  779  must have attached documents demonstrating the applicant meets
  780  the requirements of this paragraph.
  781         (b) All grants must be matched on a dollar-for-dollar basis
  782  up to for a total of $10,000 for the actual cost of the
  783  mitigation project with the state’s contribution not to exceed
  784  $5,000.
  785         (c) The program shall create a process in which contractors
  786  agree to participate and homeowners select from a list of
  787  participating contractors. All mitigation must be based upon the
  788  securing of all required local permits and inspections and must
  789  be performed by properly licensed contractors. Mitigation
  790  projects are subject to random reinspection of up to at least 5
  791  percent of all projects. Hurricane mitigation inspectors
  792  qualifying for the program may also participate as mitigation
  793  contractors as long as the inspectors meet the department’s
  794  qualifications and certification requirements for mitigation
  795  contractors.
  796         (d) Matching fund grants shall also be made available to
  797  local governments and nonprofit entities for projects that will
  798  reduce hurricane damage to single-family, site-built, owner
  799  occupied, residential property. The department shall liberally
  800  construe those requirements in favor of availing the state of
  801  the opportunity to leverage funding for the My Safe Florida Home
  802  Program with other sources of funding.
  803         (e) When recommended by a hurricane mitigation inspection,
  804  grants may be used for the following improvements only:
  805         1. Opening protection.
  806         2. Exterior doors, including garage doors.
  807         3. Brace gable ends.
  808         4.Reinforcing roof-to-wall connections.
  809         5.Improving the strength of roof-deck attachments.
  810         6.Upgrading roof covering from code to code plus.
  811         7.Secondary water barrier for roof.
  812  
  813  The department may require that improvements be made to all
  814  openings, including exterior doors and garage doors, as a
  815  condition of reimbursing a homeowner approved for a grant. The
  816  department may adopt, by rule, the maximum grant allowances for
  817  any improvement allowable under this paragraph.
  818         (f) Grants may be used on a previously inspected existing
  819  structure or on a rebuild. A rebuild is defined as a site-built,
  820  single-family dwelling under construction to replace a home that
  821  was destroyed or significantly damaged by a hurricane and deemed
  822  unlivable by a regulatory authority. The homeowner must be a
  823  low-income homeowner as defined in paragraph (g), must have had
  824  a homestead exemption for that home prior to the hurricane, and
  825  must be intending to rebuild the home as that homeowner’s
  826  homestead.
  827         (g) Low-income homeowners, as defined in s. 420.0004(10),
  828  who otherwise meet the requirements of paragraphs (a), (c), (e),
  829  and (f) are eligible for a grant of up to $5,000 and are not
  830  required to provide a matching amount to receive the grant.
  831  Additionally, for low-income homeowners, grant funding may be
  832  used for repair to existing structures leading to any of the
  833  mitigation improvements provided in paragraph (e), limited to 20
  834  percent of the grant value. The program may accept a
  835  certification directly from a low-income homeowner that the
  836  homeowner meets the requirements of s. 420.0004(10) if the
  837  homeowner provides such certification in a signed or
  838  electronically verified statement made under penalty of perjury.
  839         (h) The department shall establish objective, reasonable
  840  criteria for prioritizing grant applications, consistent with
  841  the requirements of this section.
  842         (i) The department shall develop a process that ensures the
  843  most efficient means to collect and verify grant applications to
  844  determine eligibility and may direct hurricane mitigation
  845  inspectors to collect and verify grant application information
  846  or use the Internet or other electronic means to collect
  847  information and determine eligibility.
  848         (3) EDUCATION AND CONSUMER AWARENESS.—The department may
  849  undertake a statewide multimedia public outreach and advertising
  850  campaign to inform consumers of the availability and benefits of
  851  hurricane inspections and of the safety and financial benefits
  852  of residential hurricane damage mitigation. The department may
  853  seek out and use local, state, federal, and private funds to
  854  support the campaign.
  855         (4) ADVISORY COUNCIL.—There is created an advisory council
  856  to provide advice and assistance to the department regarding
  857  administration of the program. The advisory council shall
  858  consist of:
  859         (a) A representative of lending institutions, selected by
  860  the Financial Services Commission from a list of at least three
  861  persons recommended by the Florida Bankers Association.
  862         (b) A representative of residential property insurers,
  863  selected by the Financial Services Commission from a list of at
  864  least three persons recommended by the Florida Insurance
  865  Council.
  866         (c) A representative of home builders, selected by the
  867  Financial Services Commission from a list of at least three
  868  persons recommended by the Florida Home Builders Association.
  869         (d) A faculty member of a state university, selected by the
  870  Financial Services Commission, who is an expert in hurricane
  871  resistant construction methodologies and materials.
  872         (e) Two members of the House of Representatives, selected
  873  by the Speaker of the House of Representatives.
  874         (f) Two members of the Senate, selected by the President of
  875  the Senate.
  876         (g) The Chief Executive Officer of the Federal Alliance for
  877  Safe Homes, Inc., or his or her designee.
  878         (h) The senior officer of the Florida Hurricane Catastrophe
  879  Fund.
  880         (i) The executive director of Citizens Property Insurance
  881  Corporation.
  882         (j) The director of the Florida Division of Emergency
  883  Management of the Department of Community Affairs.
  884  
  885  Members appointed under paragraphs (a)-(d) shall serve at the
  886  pleasure of the Financial Services Commission. Members appointed
  887  under paragraphs (e) and (f) shall serve at the pleasure of the
  888  appointing officer. All other members shall serve as voting ex
  889  officio members. Members of the advisory council shall serve
  890  without compensation but may receive reimbursement as provided
  891  in s. 112.061 for per diem and travel expenses incurred in the
  892  performance of their official duties.
  893         (5) FUNDING.—The department may seek out and leverage
  894  local, state, federal, or private funds to enhance the financial
  895  resources of the program.
  896         (6) RULES.—The Department of Financial Services shall adopt
  897  rules pursuant to ss. 120.536(1) and 120.54 to govern the
  898  program; implement the provisions of this section; including
  899  rules governing hurricane mitigation inspections and grants,
  900  mitigation contractors, and training of inspectors and
  901  contractors; and carry out the duties of the department under
  902  this section.
  903         (7) HURRICANE MITIGATION INSPECTOR LIST.—The department
  904  shall develop and maintain as a public record a current list of
  905  hurricane mitigation inspectors authorized to conduct hurricane
  906  mitigation inspections pursuant to this section.
  907         (8)NO-INTEREST LOANS.—The department shall implement a no
  908  interest loan program by October 1, 2008, contingent upon the
  909  selection of a qualified vendor and execution of a contract
  910  acceptable to the department and the vendor. The department
  911  shall enter into partnerships with the private sector to provide
  912  loans to owners of site-built, single-family, residential
  913  property to pay for mitigation measures listed in subsection
  914  (2). A loan eligible for interest payments pursuant to this
  915  subsection may be for a term of up to 3 years and cover up to
  916  $5,000 in mitigation measures. The department shall pay the
  917  creditor the market rate of interest using funds appropriated
  918  for the My Safe Florida Home Program. In no case shall the
  919  department pay more than the interest rate set by s. 687.03. To
  920  be eligible for a loan, a loan applicant must first obtain a
  921  home inspection and report that specifies what improvements are
  922  needed to reduce the property’s vulnerability to windstorm
  923  damage pursuant to this section and meet loan underwriting
  924  requirements set by the lender. The department may adopt rules
  925  pursuant to ss. 120.536(1) and 120.54 to implement this
  926  subsection which may include eligibility criteria.
  927         (8)(9) PUBLIC OUTREACH FOR CONTRACTORS AND REAL ESTATE
  928  BROKERS AND SALES ASSOCIATES.—The program shall develop
  929  brochures for distribution to general contractors, roofing
  930  contractors, and real estate brokers and sales associates
  931  licensed under part I of chapter 475 explaining the benefits to
  932  homeowners of residential hurricane damage mitigation. The
  933  program shall encourage contractors to distribute the brochures
  934  to homeowners at the first meeting with a homeowner who is
  935  considering contracting for home or roof repairs or contracting
  936  for the construction of a new home. The program shall encourage
  937  real estate brokers and sales associates licensed under part I
  938  of chapter 475 to distribute the brochures to clients prior to
  939  the purchase of a home. The brochures may be made available
  940  electronically.
  941         (9)(10) CONTRACT MANAGEMENT.—The department may contract
  942  with third parties for grants management, inspection services,
  943  contractor services for low-income homeowners, information
  944  technology, educational outreach, and auditing services. Such
  945  contracts shall be considered direct costs of the program and
  946  shall not be subject to administrative cost limits, but
  947  contracts valued at $1 million $500,000 or more shall be subject
  948  to review and approval by the Legislative Budget Commission. The
  949  department shall contract with providers that have a
  950  demonstrated record of successful business operations in areas
  951  directly related to the services to be provided and shall ensure
  952  the highest accountability for use of state funds, consistent
  953  with this section.
  954         (10)(11) INTENT.—It is the intent of the Legislature that
  955  grants made to residential property owners under this section
  956  shall be considered disaster-relief assistance within the
  957  meaning of s. 139 of the Internal Revenue Code of 1986, as
  958  amended.
  959         (11)(12) REPORTS.—The department shall make an annual
  960  report on the activities of the program that shall account for
  961  the use of state funds and indicate the number of inspections
  962  requested, the number of inspections performed, the number of
  963  grant applications received, and the number and value of grants
  964  approved. The report shall be delivered to the President of the
  965  Senate and the Speaker of the House of Representatives by
  966  February 1 of each year.
  967         Section 3. Subsections (2) and (5) of section 627.062,
  968  Florida Statutes, are amended to read:
  969         627.062 Rate standards.—
  970         (2) As to all such classes of insurance:
  971         (a) Insurers or rating organizations shall establish and
  972  use rates, rating schedules, or rating manuals to allow the
  973  insurer a reasonable rate of return on such classes of insurance
  974  written in this state. A copy of rates, rating schedules, rating
  975  manuals, premium credits or discount schedules, and surcharge
  976  schedules, and changes thereto, shall be filed with the office
  977  under one of the following procedures except as provided in
  978  subparagraph 3.:
  979         1. If the filing is made at least 90 days before the
  980  proposed effective date and the filing is not implemented during
  981  the office’s review of the filing and any proceeding and
  982  judicial review, then such filing shall be considered a “file
  983  and use” filing. In such case, the office shall finalize its
  984  review by issuance of a notice of intent to approve or a notice
  985  of intent to disapprove within 90 days after receipt of the
  986  filing. The notice of intent to approve and the notice of intent
  987  to disapprove constitute agency action for purposes of the
  988  Administrative Procedure Act. Requests for supporting
  989  information, requests for mathematical or mechanical
  990  corrections, or notification to the insurer by the office of its
  991  preliminary findings shall not toll the 90-day period during any
  992  such proceedings and subsequent judicial review. The rate shall
  993  be deemed approved if the office does not issue a notice of
  994  intent to approve or a notice of intent to disapprove within 90
  995  days after receipt of the filing.
  996         2. If the filing is not made in accordance with the
  997  provisions of subparagraph 1., such filing shall be made as soon
  998  as practicable, but no later than 30 days after the effective
  999  date, and shall be considered a “use and file” filing. An
 1000  insurer making a “use and file” filing is potentially subject to
 1001  an order by the office to return to policyholders portions of
 1002  rates found to be excessive, as provided in paragraph (h).
 1003         3. For all property insurance filings made or submitted
 1004  before December 31, 2010 after January 25, 2007, but before
 1005  December 31, 2009, an insurer seeking a rate that is greater
 1006  than the rate most recently approved by the office shall make a
 1007  “file and use” filing. For purposes of this subparagraph, motor
 1008  vehicle collision and comprehensive coverages are not considered
 1009  to be property coverages.
 1010         (b) Upon receiving a rate filing, the office shall review
 1011  the rate filing to determine if a rate is excessive, inadequate,
 1012  or unfairly discriminatory, except as provided in paragraph (k).
 1013  In making that determination, the office shall, in accordance
 1014  with generally accepted and reasonable actuarial techniques,
 1015  consider the following factors:
 1016         1. Past and prospective loss experience within and without
 1017  this state.
 1018         2. Past and prospective expenses.
 1019         3. The degree of competition among insurers for the risk
 1020  insured.
 1021         4. Investment income reasonably expected by the insurer,
 1022  consistent with the insurer’s investment practices, from
 1023  investable premiums anticipated in the filing, plus any other
 1024  expected income from currently invested assets representing the
 1025  amount expected on unearned premium reserves and loss reserves.
 1026  The commission may adopt rules using reasonable techniques of
 1027  actuarial science and economics to specify the manner in which
 1028  insurers shall calculate investment income attributable to such
 1029  classes of insurance written in this state and the manner in
 1030  which such investment income shall be used to calculate
 1031  insurance rates. Such manner shall contemplate allowances for an
 1032  underwriting profit factor and full consideration of investment
 1033  income which produce a reasonable rate of return; however,
 1034  investment income from invested surplus may not be considered.
 1035         5. The reasonableness of the judgment reflected in the
 1036  filing.
 1037         6. Dividends, savings, or unabsorbed premium deposits
 1038  allowed or returned to Florida policyholders, members, or
 1039  subscribers.
 1040         7. The adequacy of loss reserves.
 1041         8. The cost of reinsurance. The office shall not disapprove
 1042  a rate as excessive solely due to the insurer having obtained
 1043  catastrophic reinsurance to cover the insurer’s estimated 250
 1044  year probable maximum loss or any lower level of loss.
 1045         9. Trend factors, including trends in actual losses per
 1046  insured unit for the insurer making the filing.
 1047         10. Conflagration and catastrophe hazards, if applicable.
 1048         11. Projected hurricane losses, if applicable, which must
 1049  be estimated using a model or method found to be acceptable or
 1050  reliable by the Florida Commission on Hurricane Loss Projection
 1051  Methodology, and as further provided in s. 627.0628.
 1052         12. A reasonable margin for underwriting profit and
 1053  contingencies.
 1054         13. The cost of medical services, if applicable.
 1055         14. Other relevant factors which impact upon the frequency
 1056  or severity of claims or upon expenses.
 1057         (c) In the case of fire insurance rates, consideration
 1058  shall be given to the availability of water supplies and the
 1059  experience of the fire insurance business during a period of not
 1060  less than the most recent 5-year period for which such
 1061  experience is available.
 1062         (d) If conflagration or catastrophe hazards are given
 1063  consideration by an insurer in its rates or rating plan,
 1064  including surcharges and discounts, the insurer shall establish
 1065  a reserve for that portion of the premium allocated to such
 1066  hazard and shall maintain the premium in a catastrophe reserve.
 1067  Any removal of such premiums from the reserve for purposes other
 1068  than paying claims associated with a catastrophe or purchasing
 1069  reinsurance for catastrophes shall be subject to approval of the
 1070  office. Any ceding commission received by an insurer purchasing
 1071  reinsurance for catastrophes shall be placed in the catastrophe
 1072  reserve.
 1073         (e) After consideration of the rate factors provided in
 1074  paragraphs (b), (c), and (d), a rate may be found by the office
 1075  to be excessive, inadequate, or unfairly discriminatory based
 1076  upon the following standards:
 1077         1. Rates shall be deemed excessive if they are likely to
 1078  produce a profit from Florida business that is unreasonably high
 1079  in relation to the risk involved in the class of business or if
 1080  expenses are unreasonably high in relation to services rendered.
 1081         2. Rates shall be deemed excessive if, among other things,
 1082  the rate structure established by a stock insurance company
 1083  provides for replenishment of surpluses from premiums, when the
 1084  replenishment is attributable to investment losses.
 1085         3. Rates shall be deemed inadequate if they are clearly
 1086  insufficient, together with the investment income attributable
 1087  to them, to sustain projected losses and expenses in the class
 1088  of business to which they apply.
 1089         4. A rating plan, including discounts, credits, or
 1090  surcharges, shall be deemed unfairly discriminatory if it fails
 1091  to clearly and equitably reflect consideration of the
 1092  policyholder’s participation in a risk management program
 1093  adopted pursuant to s. 627.0625.
 1094         5. A rate shall be deemed inadequate as to the premium
 1095  charged to a risk or group of risks if discounts or credits are
 1096  allowed which exceed a reasonable reflection of expense savings
 1097  and reasonably expected loss experience from the risk or group
 1098  of risks.
 1099         6. A rate shall be deemed unfairly discriminatory as to a
 1100  risk or group of risks if the application of premium discounts,
 1101  credits, or surcharges among such risks does not bear a
 1102  reasonable relationship to the expected loss and expense
 1103  experience among the various risks.
 1104         (f) In reviewing a rate filing, the office may require the
 1105  insurer to provide at the insurer’s expense all information
 1106  necessary to evaluate the condition of the company and the
 1107  reasonableness of the filing according to the criteria
 1108  enumerated in this section.
 1109         (g) The office may at any time review a rate, rating
 1110  schedule, rating manual, or rate change; the pertinent records
 1111  of the insurer; and market conditions. If the office finds on a
 1112  preliminary basis that a rate may be excessive, inadequate, or
 1113  unfairly discriminatory, the office shall initiate proceedings
 1114  to disapprove the rate and shall so notify the insurer. However,
 1115  the office may not disapprove as excessive any rate for which it
 1116  has given final approval or which has been deemed approved for a
 1117  period of 1 year after the effective date of the filing unless
 1118  the office finds that a material misrepresentation or material
 1119  error was made by the insurer or was contained in the filing.
 1120  Upon being so notified, the insurer or rating organization
 1121  shall, within 60 days, file with the office all information
 1122  which, in the belief of the insurer or organization, proves the
 1123  reasonableness, adequacy, and fairness of the rate or rate
 1124  change. The office shall issue a notice of intent to approve or
 1125  a notice of intent to disapprove pursuant to the procedures of
 1126  paragraph (a) within 90 days after receipt of the insurer’s
 1127  initial response. In such instances and in any administrative
 1128  proceeding relating to the legality of the rate, the insurer or
 1129  rating organization shall carry the burden of proof by a
 1130  preponderance of the evidence to show that the rate is not
 1131  excessive, inadequate, or unfairly discriminatory. After the
 1132  office notifies an insurer that a rate may be excessive,
 1133  inadequate, or unfairly discriminatory, unless the office
 1134  withdraws the notification, the insurer shall not alter the rate
 1135  except to conform with the office’s notice until the earlier of
 1136  120 days after the date the notification was provided or 180
 1137  days after the date of the implementation of the rate. The
 1138  office may, subject to chapter 120, disapprove without the 60
 1139  day notification any rate increase filed by an insurer within
 1140  the prohibited time period or during the time that the legality
 1141  of the increased rate is being contested.
 1142         (h) In the event the office finds that a rate or rate
 1143  change is excessive, inadequate, or unfairly discriminatory, the
 1144  office shall issue an order of disapproval specifying that a new
 1145  rate or rate schedule which responds to the findings of the
 1146  office be filed by the insurer. The office shall further order,
 1147  for any “use and file” filing made in accordance with
 1148  subparagraph (a)2., that premiums charged each policyholder
 1149  constituting the portion of the rate above that which was
 1150  actuarially justified be returned to such policyholder in the
 1151  form of a credit or refund. If the office finds that an
 1152  insurer’s rate or rate change is inadequate, the new rate or
 1153  rate schedule filed with the office in response to such a
 1154  finding shall be applicable only to new or renewal business of
 1155  the insurer written on or after the effective date of the
 1156  responsive filing.
 1157         (i) Except as otherwise specifically provided in this
 1158  chapter, the office shall not prohibit any insurer, including
 1159  any residual market plan or joint underwriting association, from
 1160  paying acquisition costs based on the full amount of premium, as
 1161  defined in s. 627.403, applicable to any policy, or prohibit any
 1162  such insurer from including the full amount of acquisition costs
 1163  in a rate filing.
 1164         (j) With respect to residential property insurance rate
 1165  filings, the rate filing must account for mitigation measures
 1166  undertaken by policyholders to reduce hurricane losses.
 1167         (k)Notwithstanding any other provision of this section:
 1168         1.A rate filing for residential property insurance
 1169  relating to rate changes, rating factors, territories,
 1170  classification, discounts, credits, or similar matters with
 1171  respect to any policy form, including endorsements issued with
 1172  the form, is exempt from a determination by the office that the
 1173  rate is excessive or unfairly discriminatory under s. 627.062
 1174  if:
 1175         a.All changes specified in the filing do not result in an
 1176  increase from the insurer’s rates then in effect of more than
 1177  the rate increase authorized by s. 627.0629(5), plus the actual
 1178  additional cost paid due to the application of s.
 1179  215.555(17)(f), plus the actual additional cost paid due to the
 1180  application by the Florida Hurricane Catastrophe Fund of a cash
 1181  buildup factor pursuant to s. 215.555(5)(b); and
 1182         b.All changes specified in the filing do not result in an
 1183  overall premium increase of more than 10 percent statewide, and
 1184  12 percent for an individual policyholder, for reasons related
 1185  solely to the rate change.
 1186         2.An insurer that submits a filing pursuant to this
 1187  paragraph shall include a copy of the reinsurance contract,
 1188  proof of the billing or payment for the contract, and the
 1189  calculations upon which the rate change is based.
 1190         3.A rate filing is not exempt under subparagraph 1. if the
 1191  filing exceeds the overall premium increases authorized under
 1192  subparagraph 1. in any 12-month period. An insurer must proceed
 1193  under other provisions of this section or other provisions of
 1194  law if the insurer seeks to exceed the premium or rate
 1195  limitations of subparagraph 1.
 1196         4.This paragraph does not limit the authority of the
 1197  office to disapprove a rate as inadequate or to disapprove a
 1198  filing for the use of unfairly discriminatory rating factors
 1199  pursuant to s. 626.9541. An insurer that elects to implement a
 1200  rate change under this paragraph must file its rate filing with
 1201  the office at least 40 days before the effective date of the
 1202  rate change. The office shall have 30 days after the date that
 1203  the rate filing is submitted to review the filing and determine
 1204  if the rate is inadequate or uses unfairly discriminatory rating
 1205  factors. Absent a finding by the office within the 30-day period
 1206  that the rate is inadequate or that the insurer has used
 1207  unfairly discriminatory rating factors, the filing is deemed
 1208  approved. If the office finds during the 30-day period that the
 1209  filing will result in inadequate premiums or otherwise endanger
 1210  the insurer’s solvency, the rate increase shall proceed pending
 1211  additional action by the office to ensure the adequacy of the
 1212  rate.
 1213         5.This paragraph does not apply to rate filings for any
 1214  insurance other than residential property insurance.
 1215  
 1216  The provisions of this subsection do shall not apply to workers’
 1217  compensation and employer’s liability insurance and to motor
 1218  vehicle insurance.
 1219         (5) With respect to a rate filing involving coverage of the
 1220  type for which the insurer is required to pay a reimbursement
 1221  premium to the Florida Hurricane Catastrophe Fund, the insurer
 1222  may fully recoup in its property insurance premiums any
 1223  reimbursement premiums paid to the Florida Hurricane Catastrophe
 1224  Fund, together with reasonable costs of other reinsurance, but
 1225  except as otherwise provided in this section, may not recoup
 1226  reinsurance costs that duplicate coverage provided by the
 1227  Florida Hurricane Catastrophe Fund. An insurer may not recoup
 1228  more than 1 year of reimbursement premium at a time. Any under
 1229  recoupment from the prior year may be added to the following
 1230  year’s reimbursement premium and any over-recoupment shall be
 1231  subtracted from the following year’s reimbursement premium.
 1232         Section 4. Section 627.0621, Florida Statutes, is amended
 1233  to read:
 1234         627.0621 Transparency in rate regulation.—
 1235         (1) DEFINITIONS.—As used in this section, the term:
 1236         (a) “Rate filing” means any original or amended rate
 1237  residential property insurance filing.
 1238         (b) “Recommendation” means any proposed, preliminary, or
 1239  final recommendation from an office actuary reviewing a rate
 1240  filing with respect to the issue of approval or disapproval of
 1241  the rate filing or with respect to rate indications that the
 1242  office would consider acceptable.
 1243         (2) WEBSITE FOR PUBLIC ACCESS TO RATE FILING INFORMATION.
 1244  With respect to any rate filing made on or after July 1, 2008,
 1245  the office shall provide the following information on a publicly
 1246  accessible Internet website:
 1247         (a) The overall rate change requested by the insurer.
 1248         (b) All assumptions made by the office’s actuaries.
 1249         (c) A statement describing any assumptions or methods that
 1250  deviate from the actuarial standards of practice of the Casualty
 1251  Actuarial Society or the American Academy of Actuaries,
 1252  including an explanation of the nature, rationale, and effect of
 1253  the deviation.
 1254         (d) All recommendations made by any office actuary who
 1255  reviewed the rate filing.
 1256         (e) Certification by the office’s actuary that, based on
 1257  the actuary’s knowledge, his or her recommendations are
 1258  consistent with accepted actuarial principles.
 1259         (f) The overall rate change approved by the office.
 1260         (3)ATTORNEY-CLIENT PRIVILEGE; WORK PRODUCT.—It is the
 1261  intent of the Legislature that the principles of the public
 1262  records and open meetings laws apply to the assertion of
 1263  attorney-client privilege and work product confidentiality by
 1264  the office in connection with a challenge to its actions on a
 1265  rate filing. Therefore, in any administrative or judicial
 1266  proceeding relating to a rate filing, attorney-client privilege
 1267  and work product exemptions from disclosure do not apply to
 1268  communications with office attorneys or records prepared by or
 1269  at the direction of an office attorney, except when the
 1270  conditions of paragraphs (a) and (b) have been met:
 1271         (a)The communication or record reflects a mental
 1272  impression, conclusion, litigation strategy, or legal theory of
 1273  the attorney or office that was prepared exclusively for civil
 1274  or criminal litigation or adversarial administrative
 1275  proceedings.
 1276         (b)The communication occurred or the record was prepared
 1277  after the initiation of an action in a court of competent
 1278  jurisdiction, after the issuance of a notice of intent to deny a
 1279  rate filing, or after the filing of a request for a proceeding
 1280  under ss. 120.569 and 120.57.
 1281         Section 5. Subsection (5) of section 627.0629, Florida
 1282  Statutes, is amended to read:
 1283         627.0629 Residential property insurance; rate filings.—
 1284         (5) In order to provide an appropriate transition period,
 1285  an insurer may, in its sole discretion, implement an approved
 1286  rate filing for residential property insurance over a period of
 1287  years. An insurer electing to phase in its rate filing must
 1288  provide an informational notice to the office setting out its
 1289  schedule for implementation of the phased-in rate filing. An
 1290  insurer may include in its rate the actual cost of reinsurance
 1291  that duplicates available coverage of the Temporary Increase in
 1292  Coverage Limits, TICL, from the Florida Hurricane Catastrophe
 1293  Fund. The insurer may include the cost of reinsurance in its
 1294  rate even if the insurer does not purchase the TICL layer.
 1295  However, this cost for reinsurance may not include any expense
 1296  or profit load or result in a total annual base rate increase in
 1297  excess of 10 percent.
 1298         Section 6. Paragraphs (a), (c), (m), and (x) of subsection
 1299  (6) of section 627.351, Florida Statutes, are amended to read:
 1300         627.351 Insurance risk apportionment plans.—
 1301         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1302         (a)1. It is the public purpose of this subsection to ensure
 1303  the existence of an orderly market for property insurance for
 1304  Floridians and Florida businesses. The Legislature finds that
 1305  private insurers are unwilling or unable to provide affordable
 1306  property insurance coverage in this state to the extent sought
 1307  and needed. The absence of affordable property insurance
 1308  threatens the public health, safety, and welfare and likewise
 1309  threatens the economic health of the state. The state therefore
 1310  has a compelling public interest and a public purpose to assist
 1311  in assuring that property in the state is insured and that it is
 1312  insured at affordable rates so as to facilitate the remediation,
 1313  reconstruction, and replacement of damaged or destroyed property
 1314  in order to reduce or avoid the negative effects otherwise
 1315  resulting to the public health, safety, and welfare, to the
 1316  economy of the state, and to the revenues of the state and local
 1317  governments which are needed to provide for the public welfare.
 1318  It is necessary, therefore, to provide affordable property
 1319  insurance to applicants who are in good faith entitled to
 1320  procure insurance through the voluntary market but are unable to
 1321  do so. The Legislature intends by this subsection that
 1322  affordable property insurance be provided and that it continue
 1323  to be provided, as long as necessary, through Citizens Property
 1324  Insurance Corporation, a government entity that is an integral
 1325  part of the state, and that is not a private insurance company.
 1326  To that end, Citizens Property Insurance Corporation shall
 1327  strive to increase the availability of affordable property
 1328  insurance in this state, while achieving efficiencies and
 1329  economies, and while providing service to policyholders,
 1330  applicants, and agents which is no less than the quality
 1331  generally provided in the voluntary market, for the achievement
 1332  of the foregoing public purposes. Because it is essential for
 1333  this government entity to have the maximum financial resources
 1334  to pay claims following a catastrophic hurricane, it is the
 1335  intent of the Legislature that Citizens Property Insurance
 1336  Corporation continue to be an integral part of the state and
 1337  that the income of the corporation be exempt from federal income
 1338  taxation and that interest on the debt obligations issued by the
 1339  corporation be exempt from federal income taxation.
 1340         2. The Residential Property and Casualty Joint Underwriting
 1341  Association originally created by this statute shall be known,
 1342  as of July 1, 2002, as the Citizens Property Insurance
 1343  Corporation. The corporation shall provide insurance for
 1344  residential and commercial property, for applicants who are in
 1345  good faith entitled, but are unable, to procure insurance
 1346  through the voluntary market. The corporation shall operate
 1347  pursuant to a plan of operation approved by order of the
 1348  Financial Services Commission. The plan is subject to continuous
 1349  review by the commission. The commission may, by order, withdraw
 1350  approval of all or part of a plan if the commission determines
 1351  that conditions have changed since approval was granted and that
 1352  the purposes of the plan require changes in the plan. The
 1353  corporation shall continue to operate pursuant to the plan of
 1354  operation approved by the Office of Insurance Regulation until
 1355  October 1, 2006. For the purposes of this subsection,
 1356  residential coverage includes both personal lines residential
 1357  coverage, which consists of the type of coverage provided by
 1358  homeowner’s, mobile home owner’s, dwelling, tenant’s,
 1359  condominium unit owner’s, and similar policies, and commercial
 1360  lines residential coverage, which consists of the type of
 1361  coverage provided by condominium association, apartment
 1362  building, and similar policies.
 1363         3. Effective January 1, 2009, a personal lines residential
 1364  structure that has a dwelling replacement cost of $2 million or
 1365  more, or a single condominium unit that has a combined dwelling
 1366  and content replacement cost of $2 million or more is not
 1367  eligible for coverage by the corporation. Such dwellings insured
 1368  by the corporation on December 31, 2008, may continue to be
 1369  covered by the corporation until the end of the policy term.
 1370  However, such dwellings that are insured by the corporation and
 1371  become ineligible for coverage due to the provisions of this
 1372  subparagraph may reapply and obtain coverage if the property
 1373  owner provides the corporation with a sworn affidavit from one
 1374  or more insurance agents, on a form provided by the corporation,
 1375  stating that the agents have made their best efforts to obtain
 1376  coverage and that the property has been rejected for coverage by
 1377  at least one authorized insurer and at least three surplus lines
 1378  insurers. If such conditions are met, the dwelling may be
 1379  insured by the corporation for up to 3 years, after which time
 1380  the dwelling is ineligible for coverage. The office shall
 1381  approve the method used by the corporation for valuing the
 1382  dwelling replacement cost for the purposes of this subparagraph.
 1383  If a policyholder is insured by the corporation prior to being
 1384  determined to be ineligible pursuant to this subparagraph and
 1385  such policyholder files a lawsuit challenging the determination,
 1386  the policyholder may remain insured by the corporation until the
 1387  conclusion of the litigation.
 1388         4. It is the intent of the Legislature that policyholders,
 1389  applicants, and agents of the corporation receive service and
 1390  treatment of the highest possible level but never less than that
 1391  generally provided in the voluntary market. It also is intended
 1392  that the corporation be held to service standards no less than
 1393  those applied to insurers in the voluntary market by the office
 1394  with respect to responsiveness, timeliness, customer courtesy,
 1395  and overall dealings with policyholders, applicants, or agents
 1396  of the corporation.
 1397         5. Effective January 1, 2009, a personal lines residential
 1398  structure that is located in the “wind-borne debris region,” as
 1399  defined in s. 1609.2, International Building Code (2006), and
 1400  that has an insured value on the structure of $750,000 or more
 1401  is not eligible for coverage by the corporation unless the
 1402  structure has opening protections as required under the Florida
 1403  Building Code for a newly constructed residential structure in
 1404  that area. A residential structure shall be deemed to comply
 1405  with the requirements of this subparagraph if it has shutters or
 1406  opening protections on all openings and if such opening
 1407  protections complied with the Florida Building Code at the time
 1408  they were installed. Effective January 1, 2010, for personal
 1409  lines residential property insured by the corporation that is
 1410  located in the wind-borne debris region and has an insured value
 1411  on the structure of $500,000 or more, a prospective purchaser of
 1412  any such residential property must be provided by the seller a
 1413  written disclosure that contains the structure’s windstorm
 1414  mitigation rating based on the uniform home grading scale
 1415  adopted under s. 215.55865. Such rating shall be provided to the
 1416  purchaser at or before the time the purchaser executes a
 1417  contract for sale and purchase.
 1418         (c) The plan of operation of the corporation:
 1419         1. Must provide for adoption of residential property and
 1420  casualty insurance policy forms and commercial residential and
 1421  nonresidential property insurance forms, which forms must be
 1422  approved by the office prior to use. The corporation shall adopt
 1423  the following policy forms:
 1424         a. Standard personal lines policy forms that are
 1425  comprehensive multiperil policies providing full coverage of a
 1426  residential property equivalent to the coverage provided in the
 1427  private insurance market under an HO-3, HO-4, or HO-6 policy.
 1428         b. Basic personal lines policy forms that are policies
 1429  similar to an HO-8 policy or a dwelling fire policy that provide
 1430  coverage meeting the requirements of the secondary mortgage
 1431  market, but which coverage is more limited than the coverage
 1432  under a standard policy.
 1433         c. Commercial lines residential and nonresidential policy
 1434  forms that are generally similar to the basic perils of full
 1435  coverage obtainable for commercial residential structures and
 1436  commercial nonresidential structures in the admitted voluntary
 1437  market.
 1438         d. Personal lines and commercial lines residential property
 1439  insurance forms that cover the peril of wind only. The forms are
 1440  applicable only to residential properties located in areas
 1441  eligible for coverage under the high-risk account referred to in
 1442  sub-subparagraph (b)2.a.
 1443         e. Commercial lines nonresidential property insurance forms
 1444  that cover the peril of wind only. The forms are applicable only
 1445  to nonresidential properties located in areas eligible for
 1446  coverage under the high-risk account referred to in sub
 1447  subparagraph (b)2.a.
 1448         f. The corporation may adopt variations of the policy forms
 1449  listed in sub-subparagraphs a.-e. that contain more restrictive
 1450  coverage.
 1451         2.a. Must provide that the corporation adopt a program in
 1452  which the corporation and authorized insurers enter into quota
 1453  share primary insurance agreements for hurricane coverage, as
 1454  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 1455  property insurance forms for eligible risks which cover the
 1456  peril of wind only. As used in this subsection, the term:
 1457         (I) “Quota share primary insurance” means an arrangement in
 1458  which the primary hurricane coverage of an eligible risk is
 1459  provided in specified percentages by the corporation and an
 1460  authorized insurer. The corporation and authorized insurer are
 1461  each solely responsible for a specified percentage of hurricane
 1462  coverage of an eligible risk as set forth in a quota share
 1463  primary insurance agreement between the corporation and an
 1464  authorized insurer and the insurance contract. The
 1465  responsibility of the corporation or authorized insurer to pay
 1466  its specified percentage of hurricane losses of an eligible
 1467  risk, as set forth in the quota share primary insurance
 1468  agreement, may not be altered by the inability of the other
 1469  party to the agreement to pay its specified percentage of
 1470  hurricane losses. Eligible risks that are provided hurricane
 1471  coverage through a quota share primary insurance arrangement
 1472  must be provided policy forms that set forth the obligations of
 1473  the corporation and authorized insurer under the arrangement,
 1474  clearly specify the percentages of quota share primary insurance
 1475  provided by the corporation and authorized insurer, and
 1476  conspicuously and clearly state that neither the authorized
 1477  insurer nor the corporation may be held responsible beyond its
 1478  specified percentage of coverage of hurricane losses.
 1479         (II) “Eligible risks” means personal lines residential and
 1480  commercial lines residential risks that meet the underwriting
 1481  criteria of the corporation and are located in areas that were
 1482  eligible for coverage by the Florida Windstorm Underwriting
 1483  Association on January 1, 2002.
 1484         b. The corporation may enter into quota share primary
 1485  insurance agreements with authorized insurers at corporation
 1486  coverage levels of 90 percent and 50 percent.
 1487         c. If the corporation determines that additional coverage
 1488  levels are necessary to maximize participation in quota share
 1489  primary insurance agreements by authorized insurers, the
 1490  corporation may establish additional coverage levels. However,
 1491  the corporation’s quota share primary insurance coverage level
 1492  may not exceed 90 percent.
 1493         d. Any quota share primary insurance agreement entered into
 1494  between an authorized insurer and the corporation must provide
 1495  for a uniform specified percentage of coverage of hurricane
 1496  losses, by county or territory as set forth by the corporation
 1497  board, for all eligible risks of the authorized insurer covered
 1498  under the quota share primary insurance agreement.
 1499         e. Any quota share primary insurance agreement entered into
 1500  between an authorized insurer and the corporation is subject to
 1501  review and approval by the office. However, such agreement shall
 1502  be authorized only as to insurance contracts entered into
 1503  between an authorized insurer and an insured who is already
 1504  insured by the corporation for wind coverage.
 1505         f. For all eligible risks covered under quota share primary
 1506  insurance agreements, the exposure and coverage levels for both
 1507  the corporation and authorized insurers shall be reported by the
 1508  corporation to the Florida Hurricane Catastrophe Fund. For all
 1509  policies of eligible risks covered under quota share primary
 1510  insurance agreements, the corporation and the authorized insurer
 1511  shall maintain complete and accurate records for the purpose of
 1512  exposure and loss reimbursement audits as required by Florida
 1513  Hurricane Catastrophe Fund rules. The corporation and the
 1514  authorized insurer shall each maintain duplicate copies of
 1515  policy declaration pages and supporting claims documents.
 1516         g. The corporation board shall establish in its plan of
 1517  operation standards for quota share agreements which ensure that
 1518  there is no discriminatory application among insurers as to the
 1519  terms of quota share agreements, pricing of quota share
 1520  agreements, incentive provisions if any, and consideration paid
 1521  for servicing policies or adjusting claims.
 1522         h. The quota share primary insurance agreement between the
 1523  corporation and an authorized insurer must set forth the
 1524  specific terms under which coverage is provided, including, but
 1525  not limited to, the sale and servicing of policies issued under
 1526  the agreement by the insurance agent of the authorized insurer
 1527  producing the business, the reporting of information concerning
 1528  eligible risks, the payment of premium to the corporation, and
 1529  arrangements for the adjustment and payment of hurricane claims
 1530  incurred on eligible risks by the claims adjuster and personnel
 1531  of the authorized insurer. Entering into a quota sharing
 1532  insurance agreement between the corporation and an authorized
 1533  insurer shall be voluntary and at the discretion of the
 1534  authorized insurer.
 1535         3. May provide that the corporation may employ or otherwise
 1536  contract with individuals or other entities to provide
 1537  administrative or professional services that may be appropriate
 1538  to effectuate the plan. The corporation shall have the power to
 1539  borrow funds, by issuing bonds or by incurring other
 1540  indebtedness, and shall have other powers reasonably necessary
 1541  to effectuate the requirements of this subsection, including,
 1542  without limitation, the power to issue bonds and incur other
 1543  indebtedness in order to refinance outstanding bonds or other
 1544  indebtedness. The corporation may, but is not required to, seek
 1545  judicial validation of its bonds or other indebtedness under
 1546  chapter 75. The corporation may issue bonds or incur other
 1547  indebtedness, or have bonds issued on its behalf by a unit of
 1548  local government pursuant to subparagraph (p)2., in the absence
 1549  of a hurricane or other weather-related event, upon a
 1550  determination by the corporation, subject to approval by the
 1551  office, that such action would enable it to efficiently meet the
 1552  financial obligations of the corporation and that such
 1553  financings are reasonably necessary to effectuate the
 1554  requirements of this subsection. The corporation is authorized
 1555  to take all actions needed to facilitate tax-free status for any
 1556  such bonds or indebtedness, including formation of trusts or
 1557  other affiliated entities. The corporation shall have the
 1558  authority to pledge assessments, projected recoveries from the
 1559  Florida Hurricane Catastrophe Fund, other reinsurance
 1560  recoverables, market equalization and other surcharges, and
 1561  other funds available to the corporation as security for bonds
 1562  or other indebtedness. In recognition of s. 10, Art. I of the
 1563  State Constitution, prohibiting the impairment of obligations of
 1564  contracts, it is the intent of the Legislature that no action be
 1565  taken whose purpose is to impair any bond indenture or financing
 1566  agreement or any revenue source committed by contract to such
 1567  bond or other indebtedness.
 1568         4.a. Must require that the corporation operate subject to
 1569  the supervision and approval of a board of governors consisting
 1570  of eight individuals who are residents of this state, from
 1571  different geographical areas of this state. The Governor, the
 1572  Chief Financial Officer, the President of the Senate, and the
 1573  Speaker of the House of Representatives shall each appoint two
 1574  members of the board. At least one of the two members appointed
 1575  by each appointing officer must have demonstrated expertise in
 1576  insurance. The Chief Financial Officer shall designate one of
 1577  the appointees as chair. All board members serve at the pleasure
 1578  of the appointing officer. All members of the board of governors
 1579  are subject to removal at will by the officers who appointed
 1580  them. All board members, including the chair, must be appointed
 1581  to serve for 3-year terms beginning annually on a date
 1582  designated by the plan. However, for the first term beginning on
 1583  or after July 1, 2009, each appointing officer shall appoint one
 1584  member of the board for a 2-year term and one member for a 3
 1585  year term. Any board vacancy shall be filled for the unexpired
 1586  term by the appointing officer. The Chief Financial Officer
 1587  shall appoint a technical advisory group to provide information
 1588  and advice to the board of governors in connection with the
 1589  board’s duties under this subsection. The executive director and
 1590  senior managers of the corporation shall be engaged by the board
 1591  and serve at the pleasure of the board. Any executive director
 1592  appointed on or after July 1, 2006, is subject to confirmation
 1593  by the Senate. The executive director is responsible for
 1594  employing other staff as the corporation may require, subject to
 1595  review and concurrence by the board.
 1596         b. The board shall create a Market Accountability Advisory
 1597  Committee to assist the corporation in developing awareness of
 1598  its rates and its customer and agent service levels in
 1599  relationship to the voluntary market insurers writing similar
 1600  coverage. The members of the advisory committee shall consist of
 1601  the following 11 persons, one of whom must be elected chair by
 1602  the members of the committee: four representatives, one
 1603  appointed by the Florida Association of Insurance Agents, one by
 1604  the Florida Association of Insurance and Financial Advisors, one
 1605  by the Professional Insurance Agents of Florida, and one by the
 1606  Latin American Association of Insurance Agencies; three
 1607  representatives appointed by the insurers with the three highest
 1608  voluntary market share of residential property insurance
 1609  business in the state; one representative from the Office of
 1610  Insurance Regulation; one consumer appointed by the board who is
 1611  insured by the corporation at the time of appointment to the
 1612  committee; one representative appointed by the Florida
 1613  Association of Realtors; and one representative appointed by the
 1614  Florida Bankers Association. All members must serve for 3-year
 1615  terms and may serve for consecutive terms. The committee shall
 1616  report to the corporation at each board meeting on insurance
 1617  market issues which may include rates and rate competition with
 1618  the voluntary market; service, including policy issuance, claims
 1619  processing, and general responsiveness to policyholders,
 1620  applicants, and agents; and matters relating to depopulation.
 1621         5. Must provide a procedure for determining the eligibility
 1622  of a risk for coverage, as follows:
 1623         a. Subject to the provisions of s. 627.3517, with respect
 1624  to personal lines residential risks, if the risk is offered
 1625  coverage from an authorized insurer at the insurer’s approved
 1626  rate under either a standard policy including wind coverage or,
 1627  if consistent with the insurer’s underwriting rules as filed
 1628  with the office, a basic policy including wind coverage, for a
 1629  new application to the corporation for coverage, the risk is not
 1630  eligible for any policy issued by the corporation unless the
 1631  premium for coverage from the authorized insurer is more than 15
 1632  percent greater than the premium for comparable coverage from
 1633  the corporation. If the risk is not able to obtain any such
 1634  offer, the risk is eligible for either a standard policy
 1635  including wind coverage or a basic policy including wind
 1636  coverage issued by the corporation; however, if the risk could
 1637  not be insured under a standard policy including wind coverage
 1638  regardless of market conditions, the risk shall be eligible for
 1639  a basic policy including wind coverage unless rejected under
 1640  subparagraph 8. However, with regard to a policyholder of the
 1641  corporation or a policyholder removed from the corporation
 1642  through an assumption agreement until the end of the assumption
 1643  period, the policyholder remains eligible for coverage from the
 1644  corporation regardless of any offer of coverage from an
 1645  authorized insurer or surplus lines insurer. The corporation
 1646  shall determine the type of policy to be provided on the basis
 1647  of objective standards specified in the underwriting manual and
 1648  based on generally accepted underwriting practices.
 1649         (I) If the risk accepts an offer of coverage through the
 1650  market assistance plan or an offer of coverage through a
 1651  mechanism established by the corporation before a policy is
 1652  issued to the risk by the corporation or during the first 30
 1653  days of coverage by the corporation, and the producing agent who
 1654  submitted the application to the plan or to the corporation is
 1655  not currently appointed by the insurer, the insurer shall:
 1656         (A) Pay to the producing agent of record of the policy, for
 1657  the first year, an amount that is the greater of the insurer’s
 1658  usual and customary commission for the type of policy written or
 1659  a fee equal to the usual and customary commission of the
 1660  corporation; or
 1661         (B) Offer to allow the producing agent of record of the
 1662  policy to continue servicing the policy for a period of not less
 1663  than 1 year and offer to pay the agent the greater of the
 1664  insurer’s or the corporation’s usual and customary commission
 1665  for the type of policy written.
 1666  
 1667  If the producing agent is unwilling or unable to accept
 1668  appointment, the new insurer shall pay the agent in accordance
 1669  with sub-sub-sub-subparagraph (A).
 1670         (II) When the corporation enters into a contractual
 1671  agreement for a take-out plan, the producing agent of record of
 1672  the corporation policy is entitled to retain any unearned
 1673  commission on the policy, and the insurer shall:
 1674         (A) Pay to the producing agent of record of the corporation
 1675  policy, for the first year, an amount that is the greater of the
 1676  insurer’s usual and customary commission for the type of policy
 1677  written or a fee equal to the usual and customary commission of
 1678  the corporation; or
 1679         (B) Offer to allow the producing agent of record of the
 1680  corporation policy to continue servicing the policy for a period
 1681  of not less than 1 year and offer to pay the agent the greater
 1682  of the insurer’s or the corporation’s usual and customary
 1683  commission for the type of policy written.
 1684  
 1685  If the producing agent is unwilling or unable to accept
 1686  appointment, the new insurer shall pay the agent in accordance
 1687  with sub-sub-sub-subparagraph (A).
 1688         b. With respect to commercial lines residential risks, for
 1689  a new application to the corporation for coverage, if the risk
 1690  is offered coverage under a policy including wind coverage from
 1691  an authorized insurer at its approved rate, the risk is not
 1692  eligible for any policy issued by the corporation unless the
 1693  premium for coverage from the authorized insurer is more than 15
 1694  percent greater than the premium for comparable coverage from
 1695  the corporation. If the risk is not able to obtain any such
 1696  offer, the risk is eligible for a policy including wind coverage
 1697  issued by the corporation. However, with regard to a
 1698  policyholder of the corporation or a policyholder removed from
 1699  the corporation through an assumption agreement until the end of
 1700  the assumption period, the policyholder remains eligible for
 1701  coverage from the corporation regardless of any offer of
 1702  coverage from an authorized insurer or surplus lines insurer.
 1703         (I) If the risk accepts an offer of coverage through the
 1704  market assistance plan or an offer of coverage through a
 1705  mechanism established by the corporation before a policy is
 1706  issued to the risk by the corporation or during the first 30
 1707  days of coverage by the corporation, and the producing agent who
 1708  submitted the application to the plan or the corporation is not
 1709  currently appointed by the insurer, the insurer shall:
 1710         (A) Pay to the producing agent of record of the policy, for
 1711  the first year, an amount that is the greater of the insurer’s
 1712  usual and customary commission for the type of policy written or
 1713  a fee equal to the usual and customary commission of the
 1714  corporation; or
 1715         (B) Offer to allow the producing agent of record of the
 1716  policy to continue servicing the policy for a period of not less
 1717  than 1 year and offer to pay the agent the greater of the
 1718  insurer’s or the corporation’s usual and customary commission
 1719  for the type of policy written.
 1720  
 1721  If the producing agent is unwilling or unable to accept
 1722  appointment, the new insurer shall pay the agent in accordance
 1723  with sub-sub-sub-subparagraph (A).
 1724         (II) When the corporation enters into a contractual
 1725  agreement for a take-out plan, the producing agent of record of
 1726  the corporation policy is entitled to retain any unearned
 1727  commission on the policy, and the insurer shall:
 1728         (A) Pay to the producing agent of record of the corporation
 1729  policy, for the first year, an amount that is the greater of the
 1730  insurer’s usual and customary commission for the type of policy
 1731  written or a fee equal to the usual and customary commission of
 1732  the corporation; or
 1733         (B) Offer to allow the producing agent of record of the
 1734  corporation policy to continue servicing the policy for a period
 1735  of not less than 1 year and offer to pay the agent the greater
 1736  of the insurer’s or the corporation’s usual and customary
 1737  commission for the type of policy written.
 1738  
 1739  If the producing agent is unwilling or unable to accept
 1740  appointment, the new insurer shall pay the agent in accordance
 1741  with sub-sub-sub-subparagraph (A).
 1742         c. For purposes of determining comparable coverage under
 1743  sub-subparagraphs a. and b., the comparison shall be based on
 1744  those forms and coverages that are reasonably comparable. The
 1745  corporation may rely on a determination of comparable coverage
 1746  and premium made by the producing agent who submits the
 1747  application to the corporation, made in the agent’s capacity as
 1748  the corporation’s agent. A comparison may be made solely of the
 1749  premium with respect to the main building or structure only on
 1750  the following basis: the same coverage A or other building
 1751  limits; the same percentage hurricane deductible that applies on
 1752  an annual basis or that applies to each hurricane for commercial
 1753  residential property; the same percentage of ordinance and law
 1754  coverage, if the same limit is offered by both the corporation
 1755  and the authorized insurer; the same mitigation credits, to the
 1756  extent the same types of credits are offered both by the
 1757  corporation and the authorized insurer; the same method for loss
 1758  payment, such as replacement cost or actual cash value, if the
 1759  same method is offered both by the corporation and the
 1760  authorized insurer in accordance with underwriting rules; and
 1761  any other form or coverage that is reasonably comparable as
 1762  determined by the board. If an application is submitted to the
 1763  corporation for wind-only coverage in the high-risk account, the
 1764  premium for the corporation’s wind-only policy plus the premium
 1765  for the ex-wind policy that is offered by an authorized insurer
 1766  to the applicant shall be compared to the premium for multiperil
 1767  coverage offered by an authorized insurer, subject to the
 1768  standards for comparison specified in this subparagraph. If the
 1769  corporation or the applicant requests from the authorized
 1770  insurer a breakdown of the premium of the offer by types of
 1771  coverage so that a comparison may be made by the corporation or
 1772  its agent and the authorized insurer refuses or is unable to
 1773  provide such information, the corporation may treat the offer as
 1774  not being an offer of coverage from an authorized insurer at the
 1775  insurer’s approved rate.
 1776         6. Must include rules for classifications of risks and
 1777  rates therefor.
 1778         7. Must provide that if premium and investment income for
 1779  an account attributable to a particular calendar year are in
 1780  excess of projected losses and expenses for the account
 1781  attributable to that year, such excess shall be held in surplus
 1782  in the account. Such surplus shall be available to defray
 1783  deficits in that account as to future years and shall be used
 1784  for that purpose prior to assessing assessable insurers and
 1785  assessable insureds as to any calendar year.
 1786         8. Must provide objective criteria and procedures to be
 1787  uniformly applied for all applicants in determining whether an
 1788  individual risk is so hazardous as to be uninsurable. In making
 1789  this determination and in establishing the criteria and
 1790  procedures, the following shall be considered:
 1791         a. Whether the likelihood of a loss for the individual risk
 1792  is substantially higher than for other risks of the same class;
 1793  and
 1794         b. Whether the uncertainty associated with the individual
 1795  risk is such that an appropriate premium cannot be determined.
 1796  
 1797  The acceptance or rejection of a risk by the corporation shall
 1798  be construed as the private placement of insurance, and the
 1799  provisions of chapter 120 shall not apply.
 1800         9. Must provide that the corporation shall make its best
 1801  efforts to procure catastrophe reinsurance at reasonable rates,
 1802  to cover its projected 100-year probable maximum loss as
 1803  determined by the board of governors.
 1804         10. The policies issued by the corporation must provide
 1805  that, if the corporation or the market assistance plan obtains
 1806  an offer from an authorized insurer to cover the risk at its
 1807  approved rates, the risk is no longer eligible for renewal
 1808  through the corporation, except as otherwise provided in this
 1809  subsection.
 1810         11. Corporation policies and applications must include a
 1811  notice that the corporation policy could, under this section, be
 1812  replaced with a policy issued by an authorized insurer that does
 1813  not provide coverage identical to the coverage provided by the
 1814  corporation. The notice shall also specify that acceptance of
 1815  corporation coverage creates a conclusive presumption that the
 1816  applicant or policyholder is aware of this potential.
 1817         12. May establish, subject to approval by the office,
 1818  different eligibility requirements and operational procedures
 1819  for any line or type of coverage for any specified county or
 1820  area if the board determines that such changes to the
 1821  eligibility requirements and operational procedures are
 1822  justified due to the voluntary market being sufficiently stable
 1823  and competitive in such area or for such line or type of
 1824  coverage and that consumers who, in good faith, are unable to
 1825  obtain insurance through the voluntary market through ordinary
 1826  methods would continue to have access to coverage from the
 1827  corporation. When coverage is sought in connection with a real
 1828  property transfer, such requirements and procedures shall not
 1829  provide for an effective date of coverage later than the date of
 1830  the closing of the transfer as established by the transferor,
 1831  the transferee, and, if applicable, the lender.
 1832         13. Must provide that, with respect to the high-risk
 1833  account, any assessable insurer with a surplus as to
 1834  policyholders of $25 million or less writing 25 percent or more
 1835  of its total countrywide property insurance premiums in this
 1836  state may petition the office, within the first 90 days of each
 1837  calendar year, to qualify as a limited apportionment company. A
 1838  regular assessment levied by the corporation on a limited
 1839  apportionment company for a deficit incurred by the corporation
 1840  for the high-risk account in 2006 or thereafter may be paid to
 1841  the corporation on a monthly basis as the assessments are
 1842  collected by the limited apportionment company from its insureds
 1843  pursuant to s. 627.3512, but the regular assessment must be paid
 1844  in full within 12 months after being levied by the corporation.
 1845  A limited apportionment company shall collect from its
 1846  policyholders any emergency assessment imposed under sub
 1847  subparagraph (b)3.d. The plan shall provide that, if the office
 1848  determines that any regular assessment will result in an
 1849  impairment of the surplus of a limited apportionment company,
 1850  the office may direct that all or part of such assessment be
 1851  deferred as provided in subparagraph (p)4. However, there shall
 1852  be no limitation or deferment of an emergency assessment to be
 1853  collected from policyholders under sub-subparagraph (b)3.d.
 1854         14. Must provide that the corporation appoint as its
 1855  licensed agents only those agents who also hold an appointment
 1856  as defined in s. 626.015(3) with an insurer who at the time of
 1857  the agent’s initial appointment by the corporation is authorized
 1858  to write and is actually writing personal lines residential
 1859  property coverage, commercial residential property coverage, or
 1860  commercial nonresidential property coverage within the state.
 1861         15. Must provide, by July 1, 2007, a premium payment plan
 1862  option to its policyholders which allows at a minimum for
 1863  quarterly and semiannual payment of premiums. A monthly payment
 1864  plan may, but is not required to, be offered.
 1865         16. Must limit coverage on mobile homes or manufactured
 1866  homes built prior to 1994 to actual cash value of the dwelling
 1867  rather than replacement costs of the dwelling.
 1868         17. May provide such limits of coverage as the board
 1869  determines, consistent with the requirements of this subsection.
 1870         18. May require commercial property to meet specified
 1871  hurricane mitigation construction features as a condition of
 1872  eligibility for coverage.
 1873         (m)1. Rates for coverage provided by the corporation shall
 1874  be actuarially sound and subject to the requirements of s.
 1875  627.062, except as otherwise provided in this paragraph. The
 1876  corporation shall file its recommended rates with the office at
 1877  least annually. The corporation shall provide any additional
 1878  information regarding the rates which the office requires. The
 1879  office shall consider the recommendations of the board and issue
 1880  a final order establishing the rates for the corporation within
 1881  45 days after the recommended rates are filed. The corporation
 1882  may not pursue an administrative challenge or judicial review of
 1883  the final order of the office.
 1884         2. In addition to the rates otherwise determined pursuant
 1885  to this paragraph, the corporation shall impose and collect an
 1886  amount equal to the premium tax provided for in s. 624.509 to
 1887  augment the financial resources of the corporation.
 1888         3. After the public hurricane loss-projection model under
 1889  s. 627.06281 has been found to be accurate and reliable by the
 1890  Florida Commission on Hurricane Loss Projection Methodology,
 1891  that model shall serve as the minimum benchmark for determining
 1892  the windstorm portion of the corporation’s rates. This
 1893  subparagraph does not require or allow the corporation to adopt
 1894  rates lower than the rates otherwise required or allowed by this
 1895  paragraph.
 1896         4. The rate filings for the corporation which were approved
 1897  by the office and which took effect January 1, 2007, are
 1898  rescinded, except for those rates that were lowered. As soon as
 1899  possible, the corporation shall begin using the lower rates that
 1900  were in effect on December 31, 2006, and shall provide refunds
 1901  to policyholders who have paid higher rates as a result of that
 1902  rate filing. The rates in effect on December 31, 2006, shall
 1903  remain in effect for the 2007 and 2008 calendar years except for
 1904  any rate change that results in a lower rate. The next rate
 1905  change that may increase rates shall take effect pursuant to a
 1906  new rate filing recommended by the corporation and established
 1907  by the office, subject to the requirements of this paragraph.
 1908         5. Beginning on July 15, 2009, and each year thereafter,
 1909  the corporation must make a recommended actuarially sound rate
 1910  filing for each personal and commercial line of business it
 1911  writes, to be effective no earlier than January 1, 2010.
 1912         6.Notwithstanding the board’s recommended rates and the
 1913  office’s final order regarding the corporation’s filed rates
 1914  under subparagraph 1., the corporation shall implement a rate
 1915  increase each year which does not exceed 10 percent for any
 1916  single policy issued by the corporation, excluding coverage
 1917  changes and surcharges. The corporation may also implement an
 1918  increase to reflect the effect on the corporation of the cash
 1919  buildup factor pursuant to s. 215.555(5)(b).
 1920         7.The corporation’s implementation of rates as prescribed
 1921  in subparagraph 6. shall cease upon the corporation’s
 1922  implementation of actuarially sound rates.
 1923         8.Beginning January 1, 2010, and each year thereafter, the
 1924  corporation shall transfer 10 percent of the funds received from
 1925  the rate increase prescribed by subparagraph 6. to the General
 1926  Revenue Fund. The corporation’s transfer of such funds shall
 1927  cease upon the corporation’s implementation of actuarially sound
 1928  rates.
 1929         (x) It is the intent of the Legislature that the amendments
 1930  to this subsection enacted in 2002 should, over time, reduce the
 1931  probable maximum windstorm losses in the residual markets and
 1932  should reduce the potential assessments to be levied on property
 1933  insurers and policyholders statewide. In furtherance of this
 1934  intent:
 1935         1. The board shall, on or before February 1 of each year,
 1936  provide a report to the President of the Senate and the Speaker
 1937  of the House of Representatives showing the reduction or
 1938  increase in the 100-year probable maximum loss attributable to
 1939  wind-only coverages and the quota share program under this
 1940  subsection combined, as compared to the benchmark 100-year
 1941  probable maximum loss of the Florida Windstorm Underwriting
 1942  Association. For purposes of this paragraph, the benchmark 100
 1943  year probable maximum loss of the Florida Windstorm Underwriting
 1944  Association shall be the calculation dated February 2001 and
 1945  based on November 30, 2000, exposures. In order to ensure
 1946  comparability of data, the board shall use the same methods for
 1947  calculating its probable maximum loss as were used to calculate
 1948  the benchmark probable maximum loss.
 1949         2. Beginning February 1, 2013 February 1, 2010, if the
 1950  report under subparagraph 1. for any year indicates that the
 1951  100-year probable maximum loss attributable to wind-only
 1952  coverages and the quota share program combined does not reflect
 1953  a reduction of at least 25 percent from the benchmark, the board
 1954  shall reduce the boundaries of the high-risk area eligible for
 1955  wind-only coverages under this subsection in a manner calculated
 1956  to reduce such probable maximum loss to an amount at least 25
 1957  percent below the benchmark.
 1958         3. Beginning February 1, 2018 February 1, 2015, if the
 1959  report under subparagraph 1. for any year indicates that the
 1960  100-year probable maximum loss attributable to wind-only
 1961  coverages and the quota share program combined does not reflect
 1962  a reduction of at least 50 percent from the benchmark, the
 1963  boundaries of the high-risk area eligible for wind-only
 1964  coverages under this subsection shall be reduced by the
 1965  elimination of any area that is not seaward of a line 1,000 feet
 1966  inland from the Intracoastal Waterway.
 1967         Section 7. Section 627.3512, Florida Statutes, is amended
 1968  to read:
 1969         627.3512 Recoupment of residual market deficit
 1970  assessments.—
 1971         (1) An insurer or insurer group may recoup any assessments
 1972  that have been paid during or after 1995 by the insurer or
 1973  insurer group to defray deficits of an insurance risk
 1974  apportionment plan or assigned risk plan under ss. 627.311 and
 1975  627.351, net of any earnings returned to the insurer or insurer
 1976  group by the association or plan for any year after 1993. The
 1977  insurer or insurer group shall begin the recoupment process
 1978  within 180 days after the date of the assessment as indicated on
 1979  the invoice received by the insurer or insurer group. An insurer
 1980  that fails to begin the recoupment process within 180 days after
 1981  the date of the assessment may not recoup the amount assessed. A
 1982  limited apportionment company as defined in s. 627.351(6)(c) may
 1983  recoup any regular assessment that has been levied by, or paid
 1984  to, Citizens Property Insurance Corporation.
 1985         (2) The recoupment shall be made by applying a separate
 1986  recoupment assessment factor on policies of the same line or
 1987  type as were considered by the residual markets in determining
 1988  the assessment liability of the insurer or insurer group. An
 1989  insurer or insurer group shall calculate a separate assessment
 1990  factor for personal lines and commercial lines. The separate
 1991  assessment factor shall provide for full recoupment of the
 1992  assessments over a period of 1 year, unless the insurer or
 1993  insurer group, at its option, elects to recoup the assessments
 1994  over a longer period. The assessment factor expires upon
 1995  collection of the full amount allowed to be recouped. Amounts
 1996  recouped under this section are not subject to premium taxes,
 1997  fees, or commissions.
 1998         (3)(2) The recoupment assessment factor may must not be
 1999  more than 3 percentage points above the ratio of the deficit
 2000  assessment to the Florida direct written premium for policies
 2001  for the lines or types of business as to which the assessment
 2002  was calculated, as written in the year the deficit assessment
 2003  was paid. If an insurer or insurer group fails to collect the
 2004  full amount of the deficit assessment within a 1-year period,
 2005  the insurer or insurer group may must carry forward the amount
 2006  of the deficit and adjust the deficit assessment to be recouped
 2007  in the a subsequent year by that amount. The insurer or insurer
 2008  group shall adjust the recoupment factor to be applied for the
 2009  subsequent year. The insurer or insurer group may not apply any
 2010  recoupment factor in a manner that is unfairly discriminatory
 2011  among its policyholders within the same lines, types, or
 2012  sublines of business.
 2013         (4)(3) The insurer or insurer group shall file with the
 2014  office a statement setting forth the amount of the assessment
 2015  factor and an explanation of how the factor will be applied, at
 2016  least 15 days prior to the factor being applied to any policies.
 2017  The statement shall include documentation of the assessment paid
 2018  by the insurer or insurer group and the arithmetic calculations
 2019  supporting the assessment factor. The office shall complete its
 2020  review within 30 15 days after receipt of the filing and shall
 2021  limit its review to verification of the arithmetic calculations.
 2022  The insurer or insurer group may use the assessment factor at
 2023  any time after the expiration of the 30-day 15-day period unless
 2024  the office has notified the insurer or insurer group in writing
 2025  that the arithmetic calculations are incorrect.
 2026         (5)If an insurer or insurer group over-recoups any
 2027  assessment it has, it shall forward all excess recoupment to the
 2028  corporation to be held in a separate account to offset future
 2029  assessments.
 2030         (6)A final accounting report documenting the assessment
 2031  recouped shall be submitted to the office within 60 days after
 2032  the recoupment period ends. The chief executive officer or chief
 2033  financial officer must certify under oath and subject to the
 2034  penalty of perjury, on a form approved by the commission, that
 2035  he or she has reviewed the report; that the information in the
 2036  report is true and accurate; and that, based on his or her
 2037  knowledge:
 2038         (a)The report does not contain any untrue statement of a
 2039  material fact or omit a material fact necessary in order to make
 2040  the statements not misleading, in light of the circumstances
 2041  under which the statements were made;
 2042         (b)The effective dates of the recoupment period are
 2043  correct;
 2044         (c)The recoupment factor used is correct;
 2045         (d)The direct written premium and associated recoupment
 2046  amounts received each month for the entire recoupment period are
 2047  correct; and
 2048         (e)All excess recoupment moneys have been paid to the
 2049  corporation.
 2050         (7)Any insurer or insurer group that does not elect to use
 2051  this process to recoup an assessment amount that it has paid is
 2052  prohibited from including this uncollected assessment amount as
 2053  any component in any subsequent rate filing required by s.
 2054  627.062 or s. 627.0651.
 2055         (8)(4) The commission may adopt rules to implement this
 2056  section.
 2057         Section 8. Subsections (1) and (2) of section 627.712,
 2058  Florida Statutes, are amended to read:
 2059         627.712 Residential windstorm coverage required;
 2060  availability of exclusions for windstorm or contents.—
 2061         (1) An insurer issuing a residential property insurance
 2062  policy must provide windstorm coverage. Except as provided in
 2063  paragraph (2)(c), this section does not apply with respect to
 2064  risks that are eligible for wind-only coverage from Citizens
 2065  Property Insurance Corporation under s. 627.351(6), and with
 2066  respect to risks that are not eligible for coverage from
 2067  Citizens Property Insurance Corporation under s. 627.351(6)(a)3.
 2068  or s. 627.351(6)(a)5. A risk ineligible for Citizens coverage
 2069  under s. 627.351(6)(a)3. or s. 627.351(6)(a)5. is exempt from
 2070  the requirements of this section only if the risk is located
 2071  within the boundaries of the high-risk account of the
 2072  corporation.
 2073         (2) A property insurer must make available, at the option
 2074  of the policyholder, an exclusion of windstorm coverage.
 2075         (a) The coverage may be excluded only if:
 2076         1. When the policyholder is a natural person, the
 2077  policyholder personally writes and provides to the insurer the
 2078  following statement in his or her own handwriting and signs his
 2079  or her name, which must also be signed by every other named
 2080  insured on the policy, and dated: “I do not want the insurance
 2081  on my (home/mobile home/condominium unit) to pay for damage from
 2082  windstorms. I will pay those costs. My insurance will not.”
 2083         2. When the policyholder is other than a natural person,
 2084  the policyholder provides to the insurer on the policyholder’s
 2085  letterhead the following statement that must be signed by the
 2086  policyholder’s authorized representative and dated: “...(Name of
 2087  entity)... does not want the insurance on its ...(type of
 2088  structure)... to pay for damage from windstorms. ...(Name of
 2089  entity)... will be responsible for these costs. ...(Name of
 2090  entity's)... insurance will not.”
 2091         (b) If the structure insured by the policy is subject to a
 2092  mortgage or lien, the policyholder must provide the insurer with
 2093  a written statement from the mortgageholder or lienholder
 2094  indicating that the mortgageholder or lienholder approves the
 2095  policyholder electing to exclude windstorm coverage or hurricane
 2096  coverage from his or her or its property insurance policy.
 2097         (c) If the residential structure is eligible for wind-only
 2098  coverage from Citizens Property Insurance Corporation, An
 2099  insurer nonrenewing a policy and issuing a replacement policy,
 2100  or issuing a new policy, that does not provide wind coverage
 2101  shall provide a notice to the mortgageholder or lienholder
 2102  indicating the policyholder has elected coverage that does not
 2103  cover wind.
 2104         Section 9. Subsection (3) of section 631.57, Florida
 2105  Statutes, is amended to read:
 2106         631.57 Powers and duties of the association.—
 2107         (3)(a) To the extent necessary to secure the funds for the
 2108  respective accounts for the payment of covered claims, to pay
 2109  the reasonable costs to administer the same, and to the extent
 2110  necessary to secure the funds for the account specified in s.
 2111  631.55(2)(c) or to retire indebtedness, including, without
 2112  limitation, the principal, redemption premium, if any, and
 2113  interest on, and related costs of issuance of, bonds issued
 2114  under s. 631.695 and the funding of any reserves and other
 2115  payments required under the bond resolution or trust indenture
 2116  pursuant to which such bonds have been issued, the office, upon
 2117  certification of the board of directors, shall levy assessments
 2118  in the proportion that each insurer’s net direct written
 2119  premiums in this state in the classes protected by the account
 2120  bears to the total of said net direct written premiums received
 2121  in this state by all such insurers for the preceding calendar
 2122  year for the kinds of insurance included within such account.
 2123  Assessments shall be remitted to and administered by the board
 2124  of directors in the manner specified by the approved plan. Each
 2125  insurer so assessed shall have at least 30 days’ written notice
 2126  as to the date the assessment is due and payable. Every
 2127  assessment shall be made as a uniform percentage applicable to
 2128  the net direct written premiums of each insurer in the kinds of
 2129  insurance included within the account in which the assessment is
 2130  made. The assessments levied against any insurer shall not
 2131  exceed in any one year more than 2 percent of that insurer’s net
 2132  direct written premiums in this state for the kinds of insurance
 2133  included within such account during the calendar year next
 2134  preceding the date of such assessments.
 2135         (b) If sufficient funds from such assessments, together
 2136  with funds previously raised, are not available in any one year
 2137  in the respective account to make all the payments or
 2138  reimbursements then owing to insurers, the funds available shall
 2139  be prorated and the unpaid portion shall be paid as soon
 2140  thereafter as funds become available.
 2141         (c) Assessments shall be included as an appropriate factor
 2142  in the making of rates.
 2143         (d) No state funds of any kind shall be allocated or paid
 2144  to said association or any of its accounts.
 2145         (e)1.a. In addition to assessments otherwise authorized in
 2146  paragraph (a) and to the extent necessary to secure the funds
 2147  for the account specified in s. 631.55(2)(c) for the direct
 2148  payment of covered claims of insurers rendered insolvent by the
 2149  effects of a hurricane and to pay the reasonable costs to
 2150  administer such claims, or to retire indebtedness, including,
 2151  without limitation, the principal, redemption premium, if any,
 2152  and interest on, and related costs of issuance of, bonds issued
 2153  under s. 631.695 and the funding of any reserves and other
 2154  payments required under the bond resolution or trust indenture
 2155  pursuant to which such bonds have been issued, the office, upon
 2156  certification of the board of directors, shall levy emergency
 2157  assessments upon insurers holding a certificate of authority.
 2158  The emergency assessments payable under this paragraph by any
 2159  insurer shall not exceed in any single year more than 2 percent
 2160  of that insurer’s direct written premiums, net of refunds, in
 2161  this state during the preceding calendar year for the kinds of
 2162  insurance within the account specified in s. 631.55(2)(c).
 2163         b. Any emergency assessments authorized under this
 2164  paragraph shall be levied by the office upon insurers referred
 2165  to in sub-subparagraph a., upon certification as to the need for
 2166  such assessments by the board of directors. In the event the
 2167  board of directors participates in the issuance of bonds in
 2168  accordance with s. 631.695, emergency assessments shall be
 2169  levied in each year that bonds issued under s. 631.695 and
 2170  secured by such emergency assessments are outstanding, in such
 2171  amounts up to such 2-percent limit as required in order to
 2172  provide for the full and timely payment of the principal of,
 2173  redemption premium, if any, and interest on, and related costs
 2174  of issuance of, such bonds. The emergency assessments provided
 2175  for in this paragraph are assigned and pledged to the
 2176  municipality, county, or legal entity issuing bonds under s.
 2177  631.695 for the benefit of the holders of such bonds, in order
 2178  to enable such municipality, county, or legal entity to provide
 2179  for the payment of the principal of, redemption premium, if any,
 2180  and interest on such bonds, the cost of issuance of such bonds,
 2181  and the funding of any reserves and other payments required
 2182  under the bond resolution or trust indenture pursuant to which
 2183  such bonds have been issued, without the necessity of any
 2184  further action by the association, the office, or any other
 2185  party. To the extent bonds are issued under s. 631.695 and the
 2186  association determines to secure such bonds by a pledge of
 2187  revenues received from the emergency assessments, such bonds,
 2188  upon such pledge of revenues, shall be secured by and payable
 2189  from the proceeds of such emergency assessments, and the
 2190  proceeds of emergency assessments levied under this paragraph
 2191  shall be remitted directly to and administered by the trustee or
 2192  custodian appointed for such bonds.
 2193         c. Emergency assessments under this paragraph may be
 2194  payable in a single payment or, at the option of the
 2195  association, may be payable in 12 monthly installments with the
 2196  first installment being due and payable at the end of the month
 2197  after an emergency assessment is levied and subsequent
 2198  installments being due not later than the end of each succeeding
 2199  month.
 2200         d. If emergency assessments are imposed, the report
 2201  required by s. 631.695(7) shall include an analysis of the
 2202  revenues generated from the emergency assessments imposed under
 2203  this paragraph.
 2204         e. If emergency assessments are imposed, the references in
 2205  sub-subparagraph (1)(a)3.b. and s. 631.695(2) and (7) to
 2206  assessments levied under paragraph (a) shall include emergency
 2207  assessments imposed under this paragraph.
 2208         2.In order to ensure that insurers paying emergency
 2209  assessments levied under this paragraph continue to charge rates
 2210  that are neither inadequate nor excessive, within 90 days after
 2211  being notified of such assessments, each insurer that is to be
 2212  assessed pursuant to this paragraph shall submit a rate filing
 2213  for coverage included within the account specified in s.
 2214  631.55(2)(c) and for which rates are required to be filed under
 2215  s. 627.062. If the filing reflects a rate change that, as a
 2216  percentage, is equal to the difference between the rate of such
 2217  assessment and the rate of the previous year’s assessment under
 2218  this paragraph, the filing shall consist of a certification so
 2219  stating and shall be deemed approved when made. Any rate change
 2220  of a different percentage shall be subject to the standards and
 2221  procedures of s. 627.062.
 2222         2.3. In the event the board of directors participates in
 2223  the issuance of bonds in accordance with s. 631.695, an annual
 2224  assessment under this paragraph shall continue while the bonds
 2225  issued with respect to which the assessment was imposed are
 2226  outstanding, including any bonds the proceeds of which were used
 2227  to refund bonds issued pursuant to s. 631.695, unless adequate
 2228  provision has been made for the payment of the bonds in the
 2229  documents authorizing the issuance of such bonds.
 2230         3.4. Emergency assessments under this paragraph are not
 2231  premium and are not subject to the premium tax, to any fees, or
 2232  to any commissions. An insurer is liable for all emergency
 2233  assessments that the insurer collects and shall treat the
 2234  failure of an insured to pay an emergency assessment as a
 2235  failure to pay the premium. An insurer is not liable for
 2236  uncollectible emergency assessments.
 2237         Section 10. Section 631.64, Florida Statutes, is amended to
 2238  read:
 2239         631.64 Recognition of assessments in rates.—
 2240         (1) The rates and premiums charged for insurance policies
 2241  to which this part applies may include amounts sufficient to
 2242  recoup a sum equal to the amounts paid to the association by the
 2243  member insurer less any amounts returned to the member insurer
 2244  by the association, and such rates shall not be deemed excessive
 2245  because they contain an amount reasonably calculated to recoup
 2246  assessments paid by the member insurer. The member insurer shall
 2247  begin the recoupment process within 180 days after the date of
 2248  the assessment as indicated on the invoice received by the
 2249  member insurer. A member insurer that fails to begin the
 2250  recoupment process within 180 days after the date of the
 2251  assessment may not recoup the amount assessed.
 2252         (2)The recoupment factor may not be more than 2 percentage
 2253  points above the ratio of the deficit assessment to the Florida
 2254  direct written premium for policies for the lines or types of
 2255  business as to which the assessment was calculated. If a member
 2256  insurer fails to collect the full amount of the deficit
 2257  assessment within a 1-year period, the member insurer may carry
 2258  forward the amount of the deficit assessment to be recouped in
 2259  the next subsequent year. The member insurer shall adjust the
 2260  recoupment factor to be applied for the next subsequent year.
 2261  The member insurer may not apply any recoupment factor in a
 2262  manner that is unfairly discriminatory among its policyholders
 2263  within the same lines, types, or sublines of business.
 2264         (3)A final accounting report documenting the assessment
 2265  recouped shall be submitted to the office within 60 days after
 2266  the recoupment period ends. The chief executive officer or chief
 2267  financial officer must certify under oath and subject to the
 2268  penalty of perjury, on a form approved by the commission, that
 2269  he or she has reviewed the report; that the information in the
 2270  report is true and accurate; and that, based on his or her
 2271  knowledge:
 2272         (a)The report does not contain any untrue statement of a
 2273  material fact or omit to state a material fact necessary in
 2274  order to make the statements not misleading, in light of the
 2275  circumstances under which the statements were made;
 2276         (b)The effective dates of the recoupment period are
 2277  correct; and
 2278         (c)The direct written premium and associated recoupment
 2279  amounts received each month for the entire recoupment period are
 2280  correct.
 2281         (4)If a member insurer over-recoups any assessment it has
 2282  paid, it shall forward all excess recoupment to the association.
 2283  An accounting of the over-recoupment shall be documented in the
 2284  final accounting report.
 2285         (5)Any member insurer that does not elect to use this
 2286  process to recoup an assessment amount that it has paid is
 2287  prohibited from including this uncollected assessment amount as
 2288  any component in any subsequent rate filing required by s.
 2289  627.062 or s. 627.0651.
 2290         (6)The commission may adopt rules to implement this
 2291  section.
 2292         Section 11. Section 631.65, Florida Statutes, is amended to
 2293  read:
 2294         631.65 Prohibited advertisement or solicitation.—No person
 2295  shall make, publish, disseminate, circulate, or place before the
 2296  public, or cause, directly or indirectly, to be made, published,
 2297  disseminated, circulated, or placed before the public, in a
 2298  newspaper, magazine, or other publication, or in the form of a
 2299  notice, circular, pamphlet, letter, or poster, or over any radio
 2300  station or television station, or in any other way, any
 2301  advertisement, announcement, or statement which uses the
 2302  existence of the insurance guaranty association for the purpose
 2303  of sales, solicitation, or inducement to purchase any form of
 2304  insurance covered under this part. However, this section does
 2305  not prohibit a duly licensed insurance agent from explaining the
 2306  existence or function of the insurance guaranty association to
 2307  policyholders, prospects, or applicants for coverage.
 2308         Section 12. Upon receipt of funds transferred to the
 2309  General Revenue fund pursuant to s. 627.351(6)(m)8., Florida
 2310  Statutes, the funds transferred are appropriated on a
 2311  nonrecurring basis from the General Revenue Fund to the
 2312  Insurance Regulatory Trust Fund in the Department of Financial
 2313  Services for purposes of the My Safe Florida Home Program
 2314  specified in s. 215.5586, Florida Statutes. The My Safe Florida
 2315  Home Program shall use the funds solely for the provision of
 2316  mitigation grants pursuant to s. 215.5586(2), Florida Statutes,
 2317  for single-family homes insured by the corporation. The
 2318  department shall establish a separate account within the trust
 2319  fund for accounting purposes.
 2320         Section 13. This act shall take effect June 1, 2009.