Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1620
       
       
       
       
       
       
                                Barcode 148180                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on General Government
       Appropriations (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 88 - 90
    4  and insert:
    5  personal injury protection insurance on those vehicles that
    6  cannot be legally operated on roads, highways, or streets in
    7  this state. Franchise dealers
    8  
    9         Between lines 119 and 120
   10  insert:
   11         Section 2. Subsection (8) of section 624.402, Florida
   12  Statutes, is amended, and subsection (9) is added to that
   13  section, to read:
   14         624.402 Exceptions, certificate of authority required.—A
   15  certificate of authority shall not be required of an insurer
   16  with respect to:
   17         (8)(a) An insurer domiciled outside the United States
   18  covering only persons who, at the time of issuance or renewal,
   19  are nonresidents of the United States if:
   20         1. The insurer or any affiliated person as defined in s.
   21  624.04 under common ownership or control with the insurer does
   22  not solicit, sell, or accept application for any insurance
   23  policy or contract to be delivered or issued for delivery to any
   24  person in any state;
   25         2. The insurer registers with the office via a letter of
   26  notification upon commencing business from this state;
   27         3. The insurer provides the following information, in
   28  English, to the office annually by March 1:
   29         a. The name of the insurer; the country of domicile; the
   30  address of the insurer’s principal office and office in this
   31  state; the names of the owners of the insurer and their
   32  percentage of ownership; the names of the officers and directors
   33  of the insurer; the name, e-mail, and telephone number of a
   34  contact person for the insurer; and the number of individuals
   35  who are employed by the insurer or its affiliates in this state;
   36         b. The lines of insurance and types of products offered by
   37  the insurer;
   38         c. A statement from the applicable regulatory body of the
   39  insurer’s domicile certifying that the insurer is licensed or
   40  registered for those lines of insurance and types of products in
   41  that domicile; and
   42         d. A copy of the filings required by the applicable
   43  regulatory body of the insurer’s country of domicile in that
   44  country’s official language or in English, if available;
   45         4. All certificates, policies, or contracts issued in this
   46  state showing coverage under the insurer’s policy include the
   47  following statement in a contrasting color and at least 10-point
   48  type: “The policy providing your coverage and the insurer
   49  providing this policy have not been approved by the Florida
   50  Office of Insurance Regulation”; and
   51         5. If In the event the insurer ceases to do business from
   52  this state, the insurer will provide written notification to the
   53  office within 30 days after cessation.
   54         (b) As used in For purposes of this subsection, the term
   55  “nonresident” means a trust or other entity organized and
   56  domiciled under the laws of a country other than the United
   57  States or a person who resides in and maintains a physical place
   58  of domicile in a country other than the United States, which he
   59  or she recognizes as and intends to maintain as his or her
   60  permanent home. A nonresident does not include an unauthorized
   61  immigrant present in the United States. Notwithstanding any
   62  other provision of law, it is conclusively presumed, for
   63  purposes of this subsection, that a person is a resident of the
   64  United States if such person has:
   65         1. Had his or her principal place of domicile in the United
   66  States for 180 days or more in the 365 days before prior to
   67  issuance or renewal of the policy;
   68         2. Registered to vote in any state;
   69         3. Made a statement of domicile in any state; or
   70         4. Filed for homestead tax exemption on property in any
   71  state.
   72         (c) Subject to the limitations provided in this subsection,
   73  services, including those listed in s. 624.10, may be provided
   74  by the insurer or an affiliated person as defined in s. 624.04
   75  under common ownership or control with the insurer.
   76         (d) An alien insurer transacting insurance in this state
   77  without complying with this subsection is shall be in violation
   78  of this chapter and subject to the penalties provided in s.
   79  624.15.
   80         (9)(a) Life insurance policies or annuity contracts may be
   81  solicited, sold, or issued in this state by an insurer domiciled
   82  outside the United States covering only persons who, at the time
   83  of issuance, are nonresidents of the United States if:
   84         1. The insurer is an authorized insurer in the insurer’s
   85  country of domicile of the kinds of insurance proposed to be
   86  offered and has been an authorized insurer for at least the
   87  immediately preceding 3 years, or is the wholly owned subsidiary
   88  of an authorized insurer or the wholly owned subsidiary of an
   89  already eligible authorized insurer for the kinds of insurance
   90  proposed for at least the immediately preceding 3 years. The
   91  office may waive the 3-year requirement if the insurer has
   92  operated successfully for at least the immediately preceding
   93  year and has capital and surplus of at least $25 million.
   94         2. The insurer furnishes the office with an authenticated
   95  copy of its current annual financial statement, in English, with
   96  all monetary values therein expressed in United States dollars,
   97  at an exchange rate that is current at the time and shown in the
   98  statement, in the case of statements originally made in the
   99  currencies of other countries, and with such additional
  100  information relative to the insurer as the office may request.
  101         3. The insurer has and maintains surplus as to
  102  policyholders of at least $15 million. Such surplus must be
  103  represented by investments consisting of eligible investments
  104  for like funds of like domestic insurers under part II of
  105  chapter 625. However, such surplus may be represented by
  106  investments permitted by the domestic regulator of an alien
  107  insurance company if the investments are substantially similar
  108  in terms of quality, liquidity, and security to eligible
  109  investments for like funds of like domestic insurers under part
  110  II of chapter 625.
  111         4. The insurer has a good reputation for providing service
  112  to its policyholders and for the payment of losses and claims.
  113         5. To maintain eligibility, the insurer furnishes the
  114  office within the time period specified in s. 624.424(1) an
  115  authenticated copy of its current annual and quarterly financial
  116  statements, in English, with all monetary values therein
  117  expressed in United States dollars, at an exchange rate that is
  118  current at the time and shown in the statement, in the case of
  119  statements originally made in the currencies of other countries,
  120  and with such additional information relative to the insurer as
  121  the office may request.
  122         6. An insurer determined eligible under this subsection
  123  agrees to make its books and records pertaining to its
  124  operations in this state available for inspection during normal
  125  business hours upon request of the office.
  126         7. The insurer notifies the applicant in clear and
  127  conspicuous language:
  128         a. Of the date of the insurer’s organization.
  129         b. Of the identity of and rating assigned by each
  130  recognized insurance company rating organization that has rated
  131  the insurer or, if applicable, that the insurer is unrated.
  132         c. That the insurer does not hold a certificate of
  133  authority issued in this state and that the office does not
  134  exercise regulatory oversight over the insurer.
  135         d. Of the identity and address of the regulatory authority
  136  exercising oversight of the insurer. This sub-subparagraph does
  137  not impose upon the office any duty or responsibility to
  138  determine the actual financial condition or claims practices of
  139  any unauthorized insurer, and the status of eligibility, if
  140  granted by the office, indicates only that the insurer appears
  141  to be financially sound and to have satisfactory claims
  142  practices and that the office has no credible evidence to the
  143  contrary.
  144         (b) If the office has reason to believe that an insurer
  145  issuing policies or contracts pursuant to this subsection is
  146  insolvent or is in unsound financial condition, does not make
  147  reasonable prompt payment of benefits, or is no longer eligible
  148  under the conditions specified in this subsection, the office
  149  may conduct an examination or investigation in accordance with
  150  s. 624.316, s. 624.3161, or s. 624.320 and, if the findings of
  151  the examination or investigation warrant, may withdraw the
  152  eligibility of the insurer to issue policies or contracts
  153  pursuant to this subsection without having a certificate of
  154  authority issued by the office.
  155         (c) This subsection does not provide an exception to the
  156  agent licensure requirements of chapter 626. An insurer issuing
  157  policies or contracts pursuant to this subsection shall appoint
  158  the agents that the insurer uses to sell such policies or
  159  contracts as provided in chapter 626.
  160         (d) An insurer issuing policies or contracts pursuant to
  161  this subsection is subject to part IX of chapter 626, the Unfair
  162  Insurance Trade Practices Act, and the office may take such
  163  actions against the insurer for a violation as are provided in
  164  that part.
  165         (e) Policies and contracts issued pursuant to this
  166  subsection are not subject to the premium tax specified in s.
  167  624.509.
  168         (f) Applications for life insurance coverage offered under
  169  this subsection must contain the following statement, in
  170  contrasting color and at least 12-point type, on the same page
  171  as the applicant’s signature:
  172  
  173         This policy is primarily governed by the laws of a
  174         foreign country. As a result, all of the rating and
  175         underwriting laws applicable to policies filed in this
  176         state do not apply to this coverage, which may result
  177         in your premiums being higher than would be
  178         permissible under a Florida-approved policy. A
  179         purchase of individual life insurance should be
  180         considered carefully, as future medical conditions may
  181         make it impossible to qualify for another individual
  182         life policy. If the insurer issuing your policy
  183         becomes insolvent, this policy is not covered by the
  184         Florida Life and Health Insurance Guaranty
  185         Association. For information concerning individual
  186         life coverage under a Florida-approved policy, consult
  187         your agent or the Florida Department of Financial
  188         Services.
  189  
  190         (g) All life insurance policies and annuity contracts
  191  issued pursuant to this subsection must contain on the first
  192  page of the policy or contract the following statement, in
  193  contrasting color and at least 10-point type:
  194  
  195         The benefits of the policy providing your coverage are
  196         governed primarily by the law of a country other than
  197         the United States.
  198  
  199         (h) All single-premium life insurance policies and single
  200  premium annuity contracts issued to persons who are not
  201  residents of the United States and are not nonresidents
  202  illegally residing in the United States are subject to chapter
  203  896.
  204         (i) As used in this subsection, the term “nonresident” has
  205  the same meaning as provided in subsection (8).
  206         (j) An alien insurer transacting insurance in this state
  207  without complying with this subsection is in violation of this
  208  chapter and subject to the penalties provided in s. 624.15 and
  209  must pay the fine required for each violation as prescribed by
  210  s. 626.910.
  211  
  212         Delete line 147
  213  and insert:
  214  calendar quarter, and which had fewer or with less than 1,000
  215  
  216         Delete lines 244 - 260
  217  and insert:
  218         Section 6. Effective January 1, 2013, section 626.8675,
  219  Florida Statutes, is created
  220  
  221         Delete lines 289 - 290
  222  and insert:
  223         Section 8. Effective upon this act becoming a law,
  224  paragraph (e) of subsection (2) of section 626.7491, Florida
  225  Statutes, is amended to read:
  226         626.7491 Business transacted with producer controlled
  227  property and casualty insurer.—
  228         (2) DEFINITIONS.—As used in this section:
  229         (e) “Licensed insurer” or “insurer” means any person, firm,
  230  association, or corporation licensed to transact a property or
  231  casualty insurance business in this state. The following are not
  232  licensed insurers for the purposes of this section:
  233         1. Any risk retention group as defined in:
  234         a. The Superfund Amendments Reauthorization Act of 1986,
  235  Pub. L. No. 99-499, 100 Stat. 1613 (1986);
  236         b. The Risk Retention Act, 15 U.S.C. ss. 3901 et seq. (1982
  237  and Supp. 1986); or
  238         c. Section 627.942(9).
  239         2. Any residual market pool or joint underwriting authority
  240  or association; and
  241         3. Any captive insurance company insurer as defined in s.
  242  628.901.
  243         Section 9. Section 626.9201, Florida Statutes, is amended
  244  to read:
  245         626.9201 Notice of cancellation or nonrenewal.—
  246         (1) An insurer issuing a policy providing coverage for
  247  property, casualty, surety, or marine insurance must shall give
  248  the named insured at least 45 days’ advance written notice of
  249  nonrenewal. If the policy is not to be renewed, the written
  250  notice shall state the reason or reasons as to why the policy is
  251  not to be renewed. This subsection does not apply if:
  252         (a) If the insurer has manifested its willingness to renew,
  253  and the offer is not rescinded before the expiration of the
  254  policy; or
  255         (b) If a notice of cancellation for nonpayment of premium
  256  is provided under subsection (2).
  257         (2) An insurer issuing a policy providing coverage for
  258  property, casualty, surety, or marine insurance must shall give
  259  the named insured written notice of cancellation or termination
  260  other than nonrenewal at least 45 days before prior to the
  261  effective date of the cancellation or termination, including in
  262  the written notice the reason or reasons for the cancellation or
  263  termination, except that:
  264         (a) If When cancellation is for nonpayment of premium, at
  265  least 10 days’ written notice of cancellation accompanied by the
  266  reason for cancellation must therefor shall be given at least 10
  267  days before the cancellation. As used in this paragraph, the
  268  term “nonpayment of premium” means the failure of the named
  269  insured to discharge when due any of his or her obligations in
  270  connection with the payment of premiums on a policy or an
  271  installment of such a premium, whether the premium or
  272  installment is payable directly to the insurer or its agent or
  273  indirectly under a any plan for financing premiums or extension
  274  of credit or the failure of the named insured to maintain
  275  membership in an organization if such membership is a condition
  276  precedent to insurance coverage. The term also includes the
  277  failure of a financial institution to honor the check of an
  278  applicant for insurance which was delivered to a licensed agent
  279  for payment of a premium, even if the agent previously delivered
  280  or transferred the premium to the insurer. If a correctly
  281  dishonored check represents payment of the initial premium, the
  282  contract and all contractual obligations are void ab initio
  283  unless the nonpayment is cured within the earlier of 5 days
  284  after actual notice by certified mail is received by the
  285  applicant or 15 days after notice is sent to the applicant by
  286  certified mail or registered mail, and, if the contract is void,
  287  any premium received by the insurer from a third party shall be
  288  refunded to that party in full; and
  289         (b) If When such cancellation or termination occurs during
  290  the first 90 days during which the insurance is in force and if
  291  the insurance is canceled or terminated for reasons other than
  292  nonpayment, at least 20 days’ written notice of cancellation or
  293  termination accompanied by the reason for cancellation or
  294  termination must therefor shall be given at least 20 days before
  295  cancellation or termination, except if where there has been a
  296  material misstatement or misrepresentation or failure to comply
  297  with the underwriting requirements established by the insurer.
  298         (3) If an insurer fails to provide the 45-day or 20-day
  299  written notice required under this section, the coverage
  300  provided to the named insured remains shall remain in effect
  301  until 45 days after the notice is given or until the effective
  302  date of replacement coverage obtained by the named insured,
  303  whichever occurs first. The premium for the coverage remains
  304  shall remain the same during any such extension period.
  305         Section 10. Paragraph (a) of subsection (1) of section
  306  626.9541, Florida Statutes, is amended to read:
  307         626.9541 Unfair methods of competition and unfair or
  308  deceptive acts or practices defined.—
  309         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  310  ACTS.—The following are defined as unfair methods of competition
  311  and unfair or deceptive acts or practices:
  312         (a) Misrepresentations and false advertising of insurance
  313  policies.—Knowingly making, issuing, circulating, or causing to
  314  be made, issued, or circulated, any estimate, illustration,
  315  circular, statement, sales presentation, omission, or
  316  comparison, or property and casualty certificate of insurance
  317  altered after being issued which:
  318         1. Misrepresents the benefits, advantages, conditions, or
  319  terms of any insurance policy.
  320         2. Misrepresents the dividends or share of the surplus to
  321  be received on any insurance policy.
  322         3. Makes any false or misleading statements as to the
  323  dividends or share of surplus previously paid on any insurance
  324  policy.
  325         4. Is misleading, or is a misrepresentation, as to the
  326  financial condition of any person or as to the legal reserve
  327  system upon which any life insurer operates.
  328         5. Uses any name or title of any insurance policy or class
  329  of insurance policies misrepresenting the true nature thereof.
  330         6. Is a misrepresentation for the purpose of inducing, or
  331  tending to induce, the lapse, forfeiture, exchange, conversion,
  332  or surrender of any insurance policy.
  333         7. Is a misrepresentation for the purpose of effecting a
  334  pledge or assignment of, or effecting a loan against, any
  335  insurance policy.
  336         8. Misrepresents any insurance policy as being shares of
  337  stock or misrepresents ownership interest in the company.
  338  9. Uses any advertisement that would mislead or otherwise cause
  339  a reasonable person to believe mistakenly that the state or the
  340  Federal Government is responsible for the insurance sales
  341  activities of any person or stands behind any person’s credit or
  342  that any person, the state, or the Federal Government guarantees
  343  any returns on insurance products or is a source of payment of
  344  any insurance obligation of or sold by any person.
  345         Section 11. Paragraph (b) of subsection (2) and paragraph
  346  (c) of subsection (6) of section 627.351, Florida Statutes, are
  347  amended, and paragraph (ff) is added to subsection (6) of that
  348  section, to read:
  349  
  350         Delete lines 818 - 898
  351  and insert:
  352         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  353         (c) The corporation’s plan of operation:
  354         1. Must provide for adoption of residential property and
  355  casualty insurance policy forms and commercial residential and
  356  nonresidential property insurance forms, which must be approved
  357  by the office before use. The corporation shall adopt the
  358  following policy forms:
  359         a. Standard personal lines policy forms that are
  360  comprehensive multiperil policies providing full coverage of a
  361  residential property equivalent to the coverage provided in the
  362  private insurance market under an HO-3, HO-4, or HO-6 policy.
  363         b. Basic personal lines policy forms that are policies
  364  similar to an HO-8 policy or a dwelling fire policy that provide
  365  coverage meeting the requirements of the secondary mortgage
  366  market, but which is more limited than the coverage under a
  367  standard policy.
  368         c. Commercial lines residential and nonresidential policy
  369  forms that are generally similar to the basic perils of full
  370  coverage obtainable for commercial residential structures and
  371  commercial nonresidential structures in the admitted voluntary
  372  market.
  373         d. Personal lines and commercial lines residential property
  374  insurance forms that cover the peril of wind only. The forms are
  375  applicable only to residential properties located in areas
  376  eligible for coverage under the coastal account referred to in
  377  sub-subparagraph (b)2.a.
  378         e. Commercial lines nonresidential property insurance forms
  379  that cover the peril of wind only. The forms are applicable only
  380  to nonresidential properties located in areas eligible for
  381  coverage under the coastal account referred to in sub
  382  subparagraph (b)2.a.
  383         f. The corporation may adopt variations of the policy forms
  384  listed in sub-subparagraphs a.-e. which contain more restrictive
  385  coverage.
  386         g. Effective January 1, 2013, the corporation shall offer a
  387  basic personal lines policy similar to an HO-8 policy with
  388  dwelling repair based on common construction materials and
  389  methods.
  390         2. Must provide that the corporation adopt a program in
  391  which the corporation and authorized insurers enter into quota
  392  share primary insurance agreements for hurricane coverage, as
  393  defined in s. 627.4025(2)(a), for eligible risks, and adopt
  394  property insurance forms for eligible risks which cover the
  395  peril of wind only.
  396         a. As used in this subsection, the term:
  397         (I) “Quota share primary insurance” means an arrangement in
  398  which the primary hurricane coverage of an eligible risk is
  399  provided in specified percentages by the corporation and an
  400  authorized insurer. The corporation and authorized insurer are
  401  each solely responsible for a specified percentage of hurricane
  402  coverage of an eligible risk as set forth in a quota share
  403  primary insurance agreement between the corporation and an
  404  authorized insurer and the insurance contract. The
  405  responsibility of the corporation or authorized insurer to pay
  406  its specified percentage of hurricane losses of an eligible
  407  risk, as set forth in the agreement, may not be altered by the
  408  inability of the other party to pay its specified percentage of
  409  losses. Eligible risks that are provided hurricane coverage
  410  through a quota share primary insurance arrangement must be
  411  provided policy forms that set forth the obligations of the
  412  corporation and authorized insurer under the arrangement,
  413  clearly specify the percentages of quota share primary insurance
  414  provided by the corporation and authorized insurer, and
  415  conspicuously and clearly state that the authorized insurer and
  416  the corporation may not be held responsible beyond their
  417  specified percentage of coverage of hurricane losses.
  418         (II) “Eligible risks” means personal lines residential and
  419  commercial lines residential risks that meet the underwriting
  420  criteria of the corporation and are located in areas that were
  421  eligible for coverage by the Florida Windstorm Underwriting
  422  Association on January 1, 2002.
  423         b. The corporation may enter into quota share primary
  424  insurance agreements with authorized insurers at corporation
  425  coverage levels of 90 percent and 50 percent.
  426         c. If the corporation determines that additional coverage
  427  levels are necessary to maximize participation in quota share
  428  primary insurance agreements by authorized insurers, the
  429  corporation may establish additional coverage levels. However,
  430  the corporation’s quota share primary insurance coverage level
  431  may not exceed 90 percent.
  432         d. Any quota share primary insurance agreement entered into
  433  between an authorized insurer and the corporation must provide
  434  for a uniform specified percentage of coverage of hurricane
  435  losses, by county or territory as set forth by the corporation
  436  board, for all eligible risks of the authorized insurer covered
  437  under the agreement.
  438         e. Any quota share primary insurance agreement entered into
  439  between an authorized insurer and the corporation is subject to
  440  review and approval by the office. However, such agreement shall
  441  be authorized only as to insurance contracts entered into
  442  between an authorized insurer and an insured who is already
  443  insured by the corporation for wind coverage.
  444         f. For all eligible risks covered under quota share primary
  445  insurance agreements, the exposure and coverage levels for both
  446  the corporation and authorized insurers shall be reported by the
  447  corporation to the Florida Hurricane Catastrophe Fund. For all
  448  policies of eligible risks covered under such agreements, the
  449  corporation and the authorized insurer must maintain complete
  450  and accurate records for the purpose of exposure and loss
  451  reimbursement audits as required by fund rules. The corporation
  452  and the authorized insurer shall each maintain duplicate copies
  453  of policy declaration pages and supporting claims documents.
  454         g. The corporation board shall establish in its plan of
  455  operation standards for quota share agreements which ensure that
  456  there is no discriminatory application among insurers as to the
  457  terms of the agreements, pricing of the agreements, incentive
  458  provisions if any, and consideration paid for servicing policies
  459  or adjusting claims.
  460         h. The quota share primary insurance agreement between the
  461  corporation and an authorized insurer must set forth the
  462  specific terms under which coverage is provided, including, but
  463  not limited to, the sale and servicing of policies issued under
  464  the agreement by the insurance agent of the authorized insurer
  465  producing the business, the reporting of information concerning
  466  eligible risks, the payment of premium to the corporation, and
  467  arrangements for the adjustment and payment of hurricane claims
  468  incurred on eligible risks by the claims adjuster and personnel
  469  of the authorized insurer. Entering into a quota sharing
  470  insurance agreement between the corporation and an authorized
  471  insurer is voluntary and at the discretion of the authorized
  472  insurer.
  473         3.a. May provide that the corporation may employ or
  474  otherwise contract with individuals or other entities to provide
  475  administrative or professional services that may be appropriate
  476  to effectuate the plan. The corporation may borrow funds by
  477  issuing bonds or by incurring other indebtedness, and shall have
  478  other powers reasonably necessary to effectuate the requirements
  479  of this subsection, including, without limitation, the power to
  480  issue bonds and incur other indebtedness in order to refinance
  481  outstanding bonds or other indebtedness. The corporation may
  482  seek judicial validation of its bonds or other indebtedness
  483  under chapter 75. The corporation may issue bonds or incur other
  484  indebtedness, or have bonds issued on its behalf by a unit of
  485  local government pursuant to subparagraph (q)2. in the absence
  486  of a hurricane or other weather-related event, upon a
  487  determination by the corporation, subject to approval by the
  488  office, that such action would enable it to efficiently meet the
  489  financial obligations of the corporation and that such
  490  financings are reasonably necessary to effectuate the
  491  requirements of this subsection. The corporation may take all
  492  actions needed to facilitate tax-free status for such bonds or
  493  indebtedness, including formation of trusts or other affiliated
  494  entities. The corporation may pledge assessments, projected
  495  recoveries from the Florida Hurricane Catastrophe Fund, other
  496  reinsurance recoverables, market equalization and other
  497  surcharges, and other funds available to the corporation as
  498  security for bonds or other indebtedness. In recognition of s.
  499  10, Art. I of the State Constitution, prohibiting the impairment
  500  of obligations of contracts, it is the intent of the Legislature
  501  that no action be taken whose purpose is to impair any bond
  502  indenture or financing agreement or any revenue source committed
  503  by contract to such bond or other indebtedness.
  504         b. To ensure that the corporation is operating in an
  505  efficient and economic manner while providing quality service to
  506  policyholders, applicants, and agents, the board shall
  507  commission an independent third-party consultant having
  508  expertise in insurance company management or insurance company
  509  management consulting to prepare a report and make
  510  recommendations on the relative costs and benefits of
  511  outsourcing various policy issuance and service functions to
  512  private servicing carriers or entities performing similar
  513  functions in the private market for a fee, rather than
  514  performing such functions in-house. In making such
  515  recommendations, the consultant shall consider how other
  516  residual markets, both in this state and around the country,
  517  outsource appropriate functions or use servicing carriers to
  518  better match expenses with revenues that fluctuate based on a
  519  widely varying policy count. The report must be completed by
  520  July 1, 2012. Upon receiving the report, the board shall develop
  521  a plan to implement the report and submit the plan for review,
  522  modification, and approval to the Financial Services Commission.
  523  Upon the commission’s approval of the plan, the board shall
  524  begin implementing the plan by January 1, 2013.
  525         4. Must require that the corporation operate subject to the
  526  supervision and approval of a board of governors consisting of
  527  eight individuals who are residents of this state, from
  528  different geographical areas of this state.
  529         a. The Governor, the Chief Financial Officer, the President
  530  of the Senate, and the Speaker of the House of Representatives
  531  shall each appoint two members of the board. At least one of the
  532  two members appointed by each appointing officer must have
  533  demonstrated expertise in insurance and is deemed to be within
  534  the scope of the exemption provided in s. 112.313(7)(b). The
  535  Chief Financial Officer shall designate one of the appointees as
  536  chair. All board members serve at the pleasure of the appointing
  537  officer. All members of the board are subject to removal at will
  538  by the officers who appointed them. All board members, including
  539  the chair, must be appointed to serve for 3-year terms beginning
  540  annually on a date designated by the plan. However, for the
  541  first term beginning on or after July 1, 2009, each appointing
  542  officer shall appoint one member of the board for a 2-year term
  543  and one member for a 3-year term. A board vacancy shall be
  544  filled for the unexpired term by the appointing officer. The
  545  Chief Financial Officer shall appoint a technical advisory group
  546  to provide information and advice to the board in connection
  547  with the board’s duties under this subsection. The executive
  548  director and senior managers of the corporation shall be engaged
  549  by the board and serve at the pleasure of the board. Any
  550  executive director appointed on or after July 1, 2006, is
  551  subject to confirmation by the Senate. The executive director is
  552  responsible for employing other staff as the corporation may
  553  require, subject to review and concurrence by the board.
  554         b. The board shall create a Market Accountability Advisory
  555  Committee to assist the corporation in developing awareness of
  556  its rates and its customer and agent service levels in
  557  relationship to the voluntary market insurers writing similar
  558  coverage.
  559         (I) The members of the advisory committee consist of the
  560  following 11 persons, one of whom must be elected chair by the
  561  members of the committee: four representatives, one appointed by
  562  the Florida Association of Insurance Agents, one by the Florida
  563  Association of Insurance and Financial Advisors, one by the
  564  Professional Insurance Agents of Florida, and one by the Latin
  565  American Association of Insurance Agencies; three
  566  representatives appointed by the insurers with the three highest
  567  voluntary market share of residential property insurance
  568  business in the state; one representative from the Office of
  569  Insurance Regulation; one consumer appointed by the board who is
  570  insured by the corporation at the time of appointment to the
  571  committee; one representative appointed by the Florida
  572  Association of Realtors; and one representative appointed by the
  573  Florida Bankers Association. All members shall be appointed to
  574  3-year terms and may serve for consecutive terms.
  575         (II) The committee shall report to the corporation at each
  576  board meeting on insurance market issues which may include rates
  577  and rate competition with the voluntary market; service,
  578  including policy issuance, claims processing, and general
  579  responsiveness to policyholders, applicants, and agents; and
  580  matters relating to depopulation.
  581         5. Must provide a procedure for determining the eligibility
  582  of a risk for coverage, as follows:
  583         a. Subject to s. 627.3517, with respect to personal lines
  584  residential risks, if the risk is offered coverage from an
  585  authorized insurer at the insurer’s approved rate under a
  586  standard policy including wind coverage or, if consistent with
  587  the insurer’s underwriting rules as filed with the office, a
  588  basic policy including wind coverage, for a new application to
  589  the corporation for coverage, the risk is not eligible for any
  590  policy issued by the corporation unless the premium for coverage
  591  from the authorized insurer is more than 15 percent greater than
  592  the premium for comparable coverage from the corporation. If the
  593  risk is not able to obtain such offer, the risk is eligible for
  594  a standard policy including wind coverage or a basic policy
  595  including wind coverage issued by the corporation; however, if
  596  the risk could not be insured under a standard policy including
  597  wind coverage regardless of market conditions, the risk is
  598  eligible for a basic policy including wind coverage unless
  599  rejected under subparagraph 8. However, a policyholder of the
  600  corporation or a policyholder removed from the corporation
  601  through an assumption agreement until the end of the assumption
  602  period remains eligible for coverage from the corporation
  603  regardless of any offer of coverage from an authorized insurer
  604  or surplus lines insurer. The corporation shall determine the
  605  type of policy to be provided on the basis of objective
  606  standards specified in the underwriting manual and based on
  607  generally accepted underwriting practices.
  608         (I) If the risk accepts an offer of coverage through the
  609  market assistance plan or through a mechanism established by the
  610  corporation before a policy is issued to the risk by the
  611  corporation or during the first 30 days of coverage by the
  612  corporation, and the producing agent who submitted the
  613  application to the plan or to the corporation is not currently
  614  appointed by the insurer, the insurer shall:
  615         (A) Pay to the producing agent of record of the policy for
  616  the first year, an amount that is the greater of the insurer’s
  617  usual and customary commission for the type of policy written or
  618  a fee equal to the usual and customary commission of the
  619  corporation; or
  620         (B) Offer to allow the producing agent of record of the
  621  policy to continue servicing the policy for at least 1 year and
  622  offer to pay the agent the greater of the insurer’s or the
  623  corporation’s usual and customary commission for the type of
  624  policy written.
  625  
  626  If the producing agent is unwilling or unable to accept
  627  appointment, the new insurer shall pay the agent in accordance
  628  with sub-sub-sub-subparagraph (A).
  629         (II) If the corporation enters into a contractual agreement
  630  for a take-out plan, the producing agent of record of the
  631  corporation policy is entitled to retain any unearned commission
  632  on the policy, and the insurer shall:
  633         (A) Pay to the producing agent of record, for the first
  634  year, an amount that is the greater of the insurer’s usual and
  635  customary commission for the type of policy written or a fee
  636  equal to the usual and customary commission of the corporation;
  637  or
  638         (B) Offer to allow the producing agent of record to
  639  continue servicing the policy for at least 1 year and offer to
  640  pay the agent the greater of the insurer’s or the corporation’s
  641  usual and customary commission for the type of policy written.
  642  
  643  If the producing agent is unwilling or unable to accept
  644  appointment, the new insurer shall pay the agent in accordance
  645  with sub-sub-sub-subparagraph (A).
  646         b. With respect to commercial lines residential risks, for
  647  a new application to the corporation for coverage, if the risk
  648  is offered coverage under a policy including wind coverage from
  649  an authorized insurer at its approved rate, the risk is not
  650  eligible for a policy issued by the corporation unless the
  651  premium for coverage from the authorized insurer is more than 15
  652  percent greater than the premium for comparable coverage from
  653  the corporation. If the risk is not able to obtain any such
  654  offer, the risk is eligible for a policy including wind coverage
  655  issued by the corporation. However, a policyholder of the
  656  corporation or a policyholder removed from the corporation
  657  through an assumption agreement until the end of the assumption
  658  period remains eligible for coverage from the corporation
  659  regardless of an offer of coverage from an authorized insurer or
  660  surplus lines insurer.
  661         (I) If the risk accepts an offer of coverage through the
  662  market assistance plan or through a mechanism established by the
  663  corporation before a policy is issued to the risk by the
  664  corporation or during the first 30 days of coverage by the
  665  corporation, and the producing agent who submitted the
  666  application to the plan or the corporation is not currently
  667  appointed by the insurer, the insurer shall:
  668         (A) Pay to the producing agent of record of the policy, for
  669  the first year, an amount that is the greater of the insurer’s
  670  usual and customary commission for the type of policy written or
  671  a fee equal to the usual and customary commission of the
  672  corporation; or
  673         (B) Offer to allow the producing agent of record of the
  674  policy to continue servicing the policy for at least 1 year and
  675  offer to pay the agent the greater of the insurer’s or the
  676  corporation’s usual and customary commission for the type of
  677  policy written.
  678  
  679  If the producing agent is unwilling or unable to accept
  680  appointment, the new insurer shall pay the agent in accordance
  681  with sub-sub-sub-subparagraph (A).
  682         (II) If the corporation enters into a contractual agreement
  683  for a take-out plan, the producing agent of record of the
  684  corporation policy is entitled to retain any unearned commission
  685  on the policy, and the insurer shall:
  686         (A) Pay to the producing agent of record, for the first
  687  year, an amount that is the greater of the insurer’s usual and
  688  customary commission for the type of policy written or a fee
  689  equal to the usual and customary commission of the corporation;
  690  or
  691         (B) Offer to allow the producing agent of record to
  692  continue servicing the policy for at least 1 year and offer to
  693  pay the agent the greater of the insurer’s or the corporation’s
  694  usual and customary commission for the type of policy written.
  695  
  696  If the producing agent is unwilling or unable to accept
  697  appointment, the new insurer shall pay the agent in accordance
  698  with sub-sub-sub-subparagraph (A).
  699         c. For purposes of determining comparable coverage under
  700  sub-subparagraphs a. and b., the comparison must be based on
  701  those forms and coverages that are reasonably comparable. The
  702  corporation may rely on a determination of comparable coverage
  703  and premium made by the producing agent who submits the
  704  application to the corporation, made in the agent’s capacity as
  705  the corporation’s agent. A comparison may be made solely of the
  706  premium with respect to the main building or structure only on
  707  the following basis: the same coverage A or other building
  708  limits; the same percentage hurricane deductible that applies on
  709  an annual basis or that applies to each hurricane for commercial
  710  residential property; the same percentage of ordinance and law
  711  coverage, if the same limit is offered by both the corporation
  712  and the authorized insurer; the same mitigation credits, to the
  713  extent the same types of credits are offered both by the
  714  corporation and the authorized insurer; the same method for loss
  715  payment, such as replacement cost or actual cash value, if the
  716  same method is offered both by the corporation and the
  717  authorized insurer in accordance with underwriting rules; and
  718  any other form or coverage that is reasonably comparable as
  719  determined by the board. If an application is submitted to the
  720  corporation for wind-only coverage in the coastal account, the
  721  premium for the corporation’s wind-only policy plus the premium
  722  for the ex-wind policy that is offered by an authorized insurer
  723  to the applicant must be compared to the premium for multiperil
  724  coverage offered by an authorized insurer, subject to the
  725  standards for comparison specified in this subparagraph. If the
  726  corporation or the applicant requests from the authorized
  727  insurer a breakdown of the premium of the offer by types of
  728  coverage so that a comparison may be made by the corporation or
  729  its agent and the authorized insurer refuses or is unable to
  730  provide such information, the corporation may treat the offer as
  731  not being an offer of coverage from an authorized insurer at the
  732  insurer’s approved rate.
  733         6. Must include rules for classifications of risks and
  734  rates.
  735         7. Must provide that if premium and investment income for
  736  an account attributable to a particular calendar year are in
  737  excess of projected losses and expenses for the account
  738  attributable to that year, such excess shall be held in surplus
  739  in the account. Such surplus must be available to defray
  740  deficits in that account as to future years and used for that
  741  purpose before assessing assessable insurers and assessable
  742  insureds as to any calendar year.
  743         8. Must provide objective criteria and procedures to be
  744  uniformly applied to all applicants in determining whether an
  745  individual risk is so hazardous as to be uninsurable. In making
  746  this determination and in establishing the criteria and
  747  procedures, the following must be considered:
  748         a. Whether the likelihood of a loss for the individual risk
  749  is substantially higher than for other risks of the same class;
  750  and
  751         b. Whether the uncertainty associated with the individual
  752  risk is such that an appropriate premium cannot be determined.
  753  
  754  The acceptance or rejection of a risk by the corporation shall
  755  be construed as the private placement of insurance, and the
  756  provisions of chapter 120 do not apply.
  757         9. Must provide that the corporation make its best efforts
  758  to procure catastrophe reinsurance at reasonable rates, to cover
  759  its projected 100-year probable maximum loss as determined by
  760  the board of governors.
  761         10. The policies issued by the corporation must provide
  762  that if the corporation or the market assistance plan obtains an
  763  offer from an authorized insurer to cover the risk at its
  764  approved rates, the risk is no longer eligible for renewal
  765  through the corporation, except as otherwise provided in this
  766  subsection.
  767         11. Corporation policies and applications must include a
  768  notice that the corporation policy could, under this section, be
  769  replaced with a policy issued by an authorized insurer which
  770  does not provide coverage identical to the coverage provided by
  771  the corporation. The notice must also specify that acceptance of
  772  corporation coverage creates a conclusive presumption that the
  773  applicant or policyholder is aware of this potential.
  774         12. May establish, subject to approval by the office,
  775  different eligibility requirements and operational procedures
  776  for any line or type of coverage for any specified county or
  777  area if the board determines that such changes are justified due
  778  to the voluntary market being sufficiently stable and
  779  competitive in such area or for such line or type of coverage
  780  and that consumers who, in good faith, are unable to obtain
  781  insurance through the voluntary market through ordinary methods
  782  continue to have access to coverage from the corporation. If
  783  coverage is sought in connection with a real property transfer,
  784  the requirements and procedures may not provide an effective
  785  date of coverage later than the date of the closing of the
  786  transfer as established by the transferor, the transferee, and,
  787  if applicable, the lender.
  788         13. Must provide that, with respect to the coastal account,
  789  any assessable insurer with a surplus as to policyholders of $25
  790  million or less writing 25 percent or more of its total
  791  countrywide property insurance premiums in this state may
  792  petition the office, within the first 90 days of each calendar
  793  year, to qualify as a limited apportionment company. A regular
  794  assessment levied by the corporation on a limited apportionment
  795  company for a deficit incurred by the corporation for the
  796  coastal account may be paid to the corporation on a monthly
  797  basis as the assessments are collected by the limited
  798  apportionment company from its insureds pursuant to s. 627.3512,
  799  but the regular assessment must be paid in full within 12 months
  800  after being levied by the corporation. A limited apportionment
  801  company shall collect from its policyholders any emergency
  802  assessment imposed under sub-subparagraph (b)3.d. The plan must
  803  provide that, if the office determines that any regular
  804  assessment will result in an impairment of the surplus of a
  805  limited apportionment company, the office may direct that all or
  806  part of such assessment be deferred as provided in subparagraph
  807  (q)4. However, an emergency assessment to be collected from
  808  policyholders under sub-subparagraph (b)3.d. may not be limited
  809  or deferred.
  810         14. Must provide that the corporation appoint as its
  811  licensed agents only those agents who also hold an appointment
  812  as defined in s. 626.015(3) with an insurer who at the time of
  813  the agent’s initial appointment by the corporation is authorized
  814  to write and is actually writing personal lines residential
  815  property coverage, commercial residential property coverage, or
  816  commercial nonresidential property coverage within the state.
  817         15. Must provide a premium payment plan option to its
  818  policyholders which, at a minimum, allows for quarterly and
  819  semiannual payment of premiums. A monthly payment plan may, but
  820  is not required to, be offered.
  821         16. Must limit coverage on mobile homes or manufactured
  822  homes built before 1994 to actual cash value of the dwelling
  823  rather than replacement costs of the dwelling.
  824         17. May provide such limits of coverage as the board
  825  determines, consistent with the requirements of this subsection.
  826         18. May require commercial property to meet specified
  827  hurricane mitigation construction features as a condition of
  828  eligibility for coverage.
  829         19. Must provide that new or renewal policies issued by the
  830  corporation on or after January 1, 2012, which cover sinkhole
  831  loss do not include coverage for any loss to appurtenant
  832  structures, driveways, sidewalks, decks, or patios that are
  833  directly or indirectly caused by sinkhole activity. The
  834  corporation shall exclude such coverage using a notice of
  835  coverage change, which may be included with the policy renewal,
  836  and not by issuance of a notice of nonrenewal of the excluded
  837  coverage upon renewal of the current policy.
  838         20. As of January 1, 2012, must require that the agent
  839  obtain from an applicant for coverage from the corporation an
  840  acknowledgement signed by the applicant, which includes, at a
  841  minimum, the following statement:
  842  
  843               ACKNOWLEDGEMENT OF POTENTIAL SURCHARGE              
  844                      AND ASSESSMENT LIABILITY:                    
  845  
  846         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  847  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  848  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  849  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  850  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  851  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  852  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  853  LEGISLATURE.
  854         2. I ALSO UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  855  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  856  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  857  FLORIDA LEGISLATURE.
  858         3. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  859  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  860  STATE OF FLORIDA.
  861  
  862         a. The corporation shall maintain, in electronic format or
  863  otherwise, a copy of the applicant’s signed acknowledgement and
  864  provide a copy of the statement to the policyholder as part of
  865  the first renewal after the effective date of this subparagraph.
  866         b. The signed acknowledgement form creates a conclusive
  867  presumption that the policyholder understood and accepted his or
  868  her potential surcharge and assessment liability as a
  869  policyholder of the corporation.
  870         (ff) In establishing replacement costs for coverage on a
  871  dwelling insured by the corporation, the corporation must accept
  872  a valuation from any of the following sources and must use the
  873  lowest valuation as the insured value of the dwelling, excluding
  874  land value, if the valuation was completed within the 12 months
  875  before the application or renewal date of coverage:
  876         1. A replacement cost valuation software that is
  877  specifically designed for use in establishing insurance
  878  replacement costs and that includes an itemized calculation of
  879  the cost of reconstruction;
  880         2. A replacement cost valuation prepared by a real estate
  881  appraiser certified or licensed under part II of chapter 475
  882  which is specifically formulated to establish insurance
  883  replacement cost, rather than market value, and which includes
  884  an itemized calculation of the cost of reconstruction; or
  885         3. A replacement cost valuation prepared by a general,
  886  building, or residential contractor licensed under s. 489.113,
  887  or a professional engineer licensed under s. 471.015, which
  888  includes an itemized calculation of the total price of
  889  reconstruction.
  890         Section 12. Section 627.6011, Florida Statutes, is created
  891  to read:
  892         627.6011Mandated coverages.—Mandatory health benefits
  893  regulated under this chapter which must be covered by an insurer
  894  are not intended to apply to the types of health benefit plan
  895  listed in s. 627.6561(5)(b)-(e), issued in any market, unless
  896  specifically designated otherwise. For purposes of this section,
  897  the term “mandatory health benefits” means those benefits set
  898  forth in ss. 627.6401-627.64193 and any cross-references to
  899  these sections, and any other mandatory treatment or health
  900  coverages or benefits enacted on or after July 1, 2012.
  901         Section 13. Paragraph (d) of subsection (3) of section
  902  627.6699, Florida Statutes, is amended to read:
  903         627.6699 Employee Health Care Access Act.—
  904         (3) DEFINITIONS.—As used in this section, the term:
  905         (d) “Carrier” means a person who provides health benefit
  906  plans in this state, including an authorized insurer, a health
  907  maintenance organization, a multiple-employer welfare
  908  arrangement, or any other person providing a health benefit plan
  909  that is subject to insurance regulation in this state. However,
  910  the term does not include a multiple-employer welfare
  911  arrangement or voluntary employees’ beneficiary association, as
  912  defined under 26 U.S.C. s. 501(c)(9), which multiple-employer
  913  welfare arrangement operates solely for the benefit of the
  914  members or the members and the employees of such members, is
  915  located in this state, and was in existence on January 1, 1992;
  916  or an authorized insurer or health maintenance organization that
  917  insures the members or the members and the employees of such
  918  members of a multiple-employer welfare arrangement or voluntary
  919  employees’ beneficiary association in existence on January 1,
  920  1992.
  921         Section 14. Subsections (1), (2), (7), and (9) of section
  922  627.7015, Florida Statutes, are amended to read:
  923         627.7015 Alternative procedure for resolution of disputed
  924  property insurance claims.—
  925         (1) PURPOSE AND SCOPE.—This section sets forth a
  926  nonadversarial alternative dispute resolution procedure for a
  927  mediated claim resolution conference prompted by the need for
  928  effective, fair, and timely handling of property insurance
  929  claims. There is a particular need for an informal,
  930  nonthreatening forum for helping parties who elect this
  931  procedure to resolve their claims disputes because most
  932  homeowner’s and commercial residential insurance policies
  933  obligate policyholders insureds to participate in a potentially
  934  expensive and time-consuming adversarial appraisal process
  935  before prior to litigation. The procedure set forth in this
  936  section is designed to bring the parties together for a mediated
  937  claims settlement conference without any of the trappings or
  938  drawbacks of an adversarial process. Before resorting to these
  939  procedures, policyholders insureds and insurers are encouraged
  940  to resolve claims as quickly and fairly as possible. This
  941  section is available with respect to claims under personal lines
  942  and commercial residential policies before for all claimants and
  943  insurers prior to commencing the appraisal process, or before
  944  commencing litigation. Mediation may be requested only by the
  945  policyholder, as a first-party claimant, or the insurer. If
  946  requested by the policyholder insured, participation by legal
  947  counsel or any other person having relevant information is shall
  948  be permitted. Mediation under this section is also available to
  949  litigants referred to the department by a county court or
  950  circuit court. This section does not apply to commercial
  951  coverages, to private passenger motor vehicle insurance
  952  coverages, or to disputes relating to liability coverages in
  953  policies of property insurance.
  954         (2) At the time a first-party claim within the scope of
  955  this section is filed by the policyholder, the insurer shall
  956  notify the policyholder all first-party claimants of the
  957  policyholder’s their right to participate in the mediation
  958  program under this section. The department shall prepare a
  959  consumer information pamphlet for distribution to persons
  960  participating in mediation under this section.
  961         (7) If the insurer fails to comply with subsection (2) by
  962  failing to notify a policyholder first-party claimant of the
  963  policyholder’s its right to participate in the mediation program
  964  under this section or if the insurer requests the mediation, and
  965  the mediation results are rejected by either party, the
  966  policyholder is insured shall not be required to submit to or
  967  participate in any contractual loss appraisal process of the
  968  property loss damage as a precondition to legal action for
  969  breach of contract against the insurer for its failure to pay
  970  the policyholder’s claims covered by the policy.
  971         (9) For purposes of this section, the term “claim” refers
  972  to any dispute between an insurer and a policyholder an insured
  973  relating to a material issue of fact other than a dispute:
  974         (a) With respect to which the insurer has a reasonable
  975  basis to suspect fraud;
  976         (b) Where, based on agreed-upon facts as to the cause of
  977  loss, there is no coverage under the policy;
  978         (c) With respect to which the insurer has a reasonable
  979  basis to believe that the policyholder claimant has
  980  intentionally made a material misrepresentation of fact which is
  981  relevant to the claim, and the entire request for payment of a
  982  loss has been denied on the basis of the material
  983  misrepresentation; or
  984         (d) With respect to which the amount in controversy is less
  985  than $500, unless the parties agree to mediate a dispute
  986  involving a lesser amount; or
  987         (e) With respect to a windstorm or hurricane loss that does
  988  not comply with s. 627.70132.
  989         Section 15. Subsection (4) of section 627.706, Florida
  990  Statutes, is amended to read:
  991         627.706 Sinkhole insurance; catastrophic ground cover
  992  collapse; definitions.—
  993         (4) An insurer offering sinkhole coverage to policyholders
  994  before or after the adoption of s. 30, chapter 2007-1, Laws of
  995  Florida, may renew pursuant to s. 627.43141 or nonrenew the
  996  policies of policyholders maintaining sinkhole coverage, at the
  997  option of the insurer, and provide an offer of coverage or
  998  renewal that includes catastrophic ground cover collapse and
  999  excludes sinkhole coverage. Insurers acting in accordance with
 1000  this subsection are subject to the following requirements:
 1001         (a) Policyholders must be notified that the renewal or a
 1002  nonrenewal is for purposes of removing sinkhole coverage, and
 1003  that the policyholder is being offered a policy that provides
 1004  coverage for catastrophic ground cover collapse.
 1005         (b) Policyholders must be provided an actuarially
 1006  reasonable premium credit or discount for the removal of
 1007  sinkhole coverage and provision of only catastrophic ground
 1008  cover collapse.
 1009         (c) Subject to the provisions of this subsection and the
 1010  insurer’s approved underwriting or insurability guidelines, the
 1011  insurer shall provide each policyholder with the opportunity to
 1012  purchase an endorsement to his or her policy providing sinkhole
 1013  coverage and may require an inspection of the property before
 1014  issuance of a sinkhole coverage endorsement.
 1015         (d) Section 624.4305 does not apply to nonrenewal notices
 1016  issued pursuant to this subsection.
 1017         Section 16. Paragraph (e) of subsection (5) of section
 1018  627.707, Florida Statutes, is amended, and paragraph (f) is
 1019  added to that subsection, to read:
 1020         627.707 Investigation of sinkhole claims; insurer payment;
 1021  nonrenewals.—Upon receipt of a claim for a sinkhole loss to a
 1022  covered building, an insurer must meet the following standards
 1023  in investigating a claim:
 1024         (5) If a sinkhole loss is verified, the insurer shall pay
 1025  to stabilize the land and building and repair the foundation in
 1026  accordance with the recommendations of the professional engineer
 1027  retained pursuant to subsection (2), with notice to the
 1028  policyholder, subject to the coverage and terms of the policy.
 1029  The insurer shall pay for other repairs to the structure and
 1030  contents in accordance with the terms of the policy. If a
 1031  covered building suffers a sinkhole loss or a catastrophic
 1032  ground cover collapse, the insured must repair such damage or
 1033  loss in accordance with the insurer’s professional engineer’s
 1034  recommended repairs. However, if the insurer’s professional
 1035  engineer determines that the repair cannot be completed within
 1036  policy limits, the insurer must pay to complete the repairs
 1037  recommended by the insurer’s professional engineer or tender the
 1038  policy limits to the policyholder.
 1039         (e) Upon the insurer’s obtaining the written approval of
 1040  any lienholder, the insurer may make payment directly to the
 1041  persons selected by the policyholder to perform the land and
 1042  building stabilization and foundation repairs. The decision by
 1043  the insurer to make payment to such persons does not hold the
 1044  insurer liable for the work performed.
 1045         (f) The policyholder may not accept a rebate from any
 1046  person performing the repairs specified in this section. If a
 1047  policyholder does receive a rebate, coverage is void and the
 1048  policyholder must refund the amount of the rebate to the
 1049  insurer. Any person making the repairs specified in this section
 1050  who offers a rebate commits insurance fraud punishable as a
 1051  third-degree third degree felony as provided in s. 775.082, s.
 1052  775.083, or s. 775.084. As used in this paragraph, the term
 1053  “rebate” means a remuneration, payment, gift, discount, or
 1054  transfer of any item of value to the policyholder by or on
 1055  behalf of a person performing the repairs specified in this
 1056  section as an incentive or inducement to obtain repairs
 1057  performed by that person.
 1058         Section 17. Section 627.7405, Florida Statutes, is amended
 1059  to read:
 1060         627.7405 Insurers’ right of reimbursement.—
 1061         (1) Notwithstanding any other provisions of ss. 627.730
 1062  627.7405, any insurer providing personal injury protection
 1063  benefits on a private passenger motor vehicle shall have, to the
 1064  extent of any personal injury protection benefits paid to any
 1065  person as a benefit arising out of such private passenger motor
 1066  vehicle insurance, a right of reimbursement against the owner or
 1067  the insurer of the owner of a commercial motor vehicle, if the
 1068  benefits paid result from such person having been an occupant of
 1069  the commercial motor vehicle or having been struck by the
 1070  commercial motor vehicle while not an occupant of any self
 1071  propelled vehicle.
 1072         (2) For purposes of this section, an owner or registrant
 1073  identified in s. 627.733(1)(b) is not liable for a right of
 1074  reimbursement.
 1075         Section 18. Effective upon this act becoming a law, section
 1076  628.901, Florida Statutes, is amended to read:
 1077         628.901 Definitions “Captive insurer” defined.—As used in
 1078  For the purposes of this part, the term: except as provided in
 1079  s. 628.903, a “captive insurer” is a domestic insurer
 1080  established under part I to insure the risks of a specific
 1081  corporation or group of corporations under common ownership
 1082  owned by the corporation or corporations from which it accepts
 1083  risk under a contract of insurance.
 1084         (1) “Affiliated company” means a company in the same
 1085  corporate system as a parent, an industrial insured, or a member
 1086  organization by virtue of common ownership, control, operation,
 1087  or management.
 1088         (2) “Captive insurance company” means a domestic insurer
 1089  established under this part. A captive insurance company
 1090  includes a pure captive insurance company, special purpose
 1091  captive insurance company, or industrial insured captive
 1092  insurance company formed and licensed under this part.
 1093         (3) “Captive reinsurance company” means a reinsurance
 1094  company that is formed and licensed under this part and is
 1095  wholly owned by a qualifying reinsurance parent company. A
 1096  captive reinsurance company is a stock corporation and may not
 1097  directly insure risks. A captive reinsurance company may
 1098  reinsure only risks.
 1099         (4) “Consolidated debt to total capital ratio” means the
 1100  ratio of the sum of all debts and hybrid capital instruments as
 1101  described in paragraph (a) to total capital as described in
 1102  paragraph (b).
 1103         (a) Debts and hybrid capital instruments include, but are
 1104  not limited to, all borrowings from banks, all senior debt, all
 1105  subordinated debts, all trust preferred shares, and all other
 1106  hybrid capital instruments that are not included in the
 1107  determination of consolidated GAAP net worth issued and
 1108  outstanding.
 1109         (b) Total capital consists of all debts and hybrid capital
 1110  instruments as described in paragraph (a) plus owners’ equity
 1111  determined in accordance with GAAP for reporting to the United
 1112  States Securities and Exchange Commission.
 1113         (5) “Consolidated GAAP net worth” means the consolidated
 1114  owners’ equity determined in accordance with generally accepted
 1115  accounting principles for reporting to the United States
 1116  Securities and Exchange Commission.
 1117         (6) “Controlled unaffiliated business” means a company:
 1118         (a) That is not in the corporate system of a parent and
 1119  affiliated companies;
 1120         (b) That has an existing contractual relationship with a
 1121  parent or affiliated company; and
 1122         (c) Whose risks are managed by a captive insurance company
 1123  in accordance with s. 628.919.
 1124         (7) “GAAP” means generally accepted accounting principles.
 1125         (8) “Industrial insured” means an insured that:
 1126         (a) Has gross assets in excess of $50 million;
 1127         (b) Procures insurance through the use of a full-time
 1128  employee of the insured who acts as an insurance manager or
 1129  buyer or through the services of a person licensed as a property
 1130  and casualty insurance agent, broker, or consultant in such
 1131  person’s state of domicile;
 1132         (c) Has at least 100 full-time employees; and
 1133         (d) Pays annual premiums of at least $200,000 for each line
 1134  of insurance purchased from the industrial insured captive
 1135  insurer or at least $75,000 for any line of coverage in excess
 1136  of at least $25 million in the annual aggregate. The purchase of
 1137  umbrella or general liability coverage in excess of $25 million
 1138  in the annual aggregate shall be deemed to be the purchase of a
 1139  single line of insurance.
 1140         (9) “Industrial insured captive insurance company” means a
 1141  captive insurance company that provides insurance only to the
 1142  industrial insureds that are its stockholders or members, and
 1143  affiliates thereof, or to the stockholders, and affiliates
 1144  thereof, of its parent corporation. An industrial insured
 1145  captive insurance company can also provide reinsurance to
 1146  insurers only on risks written by such insurers for the
 1147  industrial insureds that are the stockholders or members, and
 1148  affiliates thereof, of the industrial insured captive insurer,
 1149  or the stockholders, and affiliates thereof, of the parent
 1150  corporation of the industrial insured captive insurer.
 1151         (10) “Office” means the Office of Insurance Regulation.
 1152         (11) “Parent” means any corporation, limited liability
 1153  company, partnership, or individual that directly or indirectly
 1154  owns, controls, or holds with power to vote more than 50 percent
 1155  of the outstanding voting interests of a captive insurance
 1156  company.
 1157         (12) “Pure captive insurance company” means a company that
 1158  insures risks of its parent, affiliated companies, controlled
 1159  unaffiliated businesses, or a combination thereof.
 1160         (13) “Qualifying reinsurer parent company” means a
 1161  reinsurer which currently holds a certificate of authority,
 1162  letter of eligibility or is an accredited or a satisfactory non
 1163  approved reinsurer in this state possessing a consolidated GAAP
 1164  net worth of at least $500 million and a consolidated debt to
 1165  total capital ratio of not greater than 0.50.
 1166         (14) “Special purpose captive insurance company” means a
 1167  captive insurance company that is formed or licensed under this
 1168  chapter that does not meet the definition of any other type of
 1169  captive insurance company defined in this section.
 1170         (15) “Treasury rates” means the United States Treasury
 1171  STRIPS asked yield as published in the Wall Street Journal as of
 1172  a balance sheet date.
 1173         Section 19. Effective upon this act becoming a law, section
 1174  628.903, Florida Statutes, is repealed.
 1175         Section 20. Effective upon this act becoming a law, section
 1176  628.905, Florida Statutes, is amended to read:
 1177         628.905 Licensing; authority.—
 1178         (1) A Any captive insurer, if when permitted by its charter
 1179  or articles of incorporation, may apply to the office for a
 1180  license to do any and all insurance authorized under the
 1181  insurance code, provide commercial property, commercial
 1182  casualty, and commercial marine insurance coverage other than
 1183  workers’ compensation and employer’s liability, life, health,
 1184  personal motor vehicle, and personal residential property
 1185  insurance coverage, except that: an industrial insured captive
 1186  insurer may apply for a license to provide workers’ compensation
 1187  and employer’s liability insurance as set forth in subsection
 1188  (6).
 1189         (a) A pure captive insurance company may not insure any
 1190  risks other than those of its parent, affiliated companies,
 1191  controlled unaffiliated businesses, or a combination thereof.
 1192         (b) An industrial insured captive insurance company may not
 1193  insure any risks other than those of the industrial insureds
 1194  that comprise the industrial insured group and their affiliated
 1195  companies.
 1196         (c) A special purpose captive insurance company may insure
 1197  only the risks of its parent.
 1198         (d) A captive insurance company may not accept or cede
 1199  reinsurance except as provided in this part.
 1200         (2) To conduct insurance business in this state, a No
 1201  captive insurer, other than an industrial insured captive
 1202  insurer must:, shall insure or accept reinsurance on any risks
 1203  other than those of its parent and affiliated companies.
 1204         (a) Obtain from the office a license authorizing it to
 1205  conduct insurance business in this state;
 1206         (b) Hold at least one board of directors’ meeting each year
 1207  in this state;
 1208         (c) Maintain its principal place of business in this state;
 1209  and
 1210         (d) Appoint a resident registered agent to accept service
 1211  of process and to otherwise act on its behalf in this state. In
 1212  the case of a captive insurance company formed as a corporation
 1213  or a nonprofit corporation, if the registered agent cannot with
 1214  reasonable diligence be found at the registered office of the
 1215  captive insurance company, the Chief Financial Officer of this
 1216  state must be an agent of the captive insurance company upon
 1217  whom any process, notice, or demand may be served.
 1218         (3) Before receiving a license, a captive insurance company
 1219  formed as a corporation or a nonprofit corporation must file
 1220  with the office a certified copy of its articles of
 1221  incorporation and bylaws, a statement under oath of its
 1222  president and secretary showing its financial condition, and any
 1223  other statements or documents required by the office. In
 1224  addition, an applicant captive insurance company must file with
 1225  the office evidence of:
 1226         (a) The amount and liquidity of the proposed captive
 1227  insurance company’s assets relative to the risks to be assumed;
 1228         (b) The adequacy of the expertise, experience, and
 1229  character of the person or persons who will manage the company;
 1230         (c) The overall soundness of the company’s plan of
 1231  operation;
 1232         (d) The adequacy of the loss prevention programs of the
 1233  company’s parent, member organizations, or industrial insureds,
 1234  as applicable; and
 1235         (e) Any other factors considered relevant by the office in
 1236  ascertaining whether the company will be able to meet its policy
 1237  obligations. In addition to information otherwise required by
 1238  this code, each applicant captive insurer shall file with the
 1239  office evidence of the adequacy of the loss prevention program
 1240  of its insureds.
 1241         (4) A captive insurance company or captive reinsurance
 1242  company must pay to the office a nonrefundable fee of $1,500 for
 1243  processing its application for license.
 1244         (a) A captive insurance company or captive reinsurance
 1245  company must also pay an annual renewal fee of $1,000.
 1246         (b) The office may charge a fee of $5 for any document
 1247  requiring certification of authenticity or the signature of the
 1248  commissioner or his or her designee. An industrial insured
 1249  captive insurer need not be incorporated in this state if it has
 1250  been validly incorporated under the laws of another
 1251  jurisdiction.
 1252         (5) If the commissioner is satisfied that the documents and
 1253  statements filed by the captive insurance company comply with
 1254  this chapter, the commissioner may grant a license authorizing
 1255  the company to conduct insurance business in this state until
 1256  the next succeeding March 1, at which time the license may be
 1257  renewed. An industrial insured captive insurer is subject to all
 1258  provisions of this part except as otherwise indicated.
 1259         (6) Upon approval of the office, a foreign or alien captive
 1260  insurance company may become a domestic captive insurance
 1261  company by complying with all of the requirements of law
 1262  relative to the organization and licensing of a domestic captive
 1263  insurance company of the same or equivalent type in this state
 1264  and by filing with the Secretary of State its charter or other
 1265  organizational documents, together with any appropriate
 1266  amendments that have been adopted in accordance with the laws of
 1267  this state to bring the charter or other organizational
 1268  documents into compliance with the laws of this state, along
 1269  with a certificate of good standing issued by the office. The
 1270  captive insurance company is then entitled to the necessary or
 1271  appropriate certificates and licenses to continue transacting
 1272  business in this state and is subject to the authority and
 1273  jurisdiction of this state. In connection with this
 1274  redomestication, the office may waive any requirements for
 1275  public hearings. It is not necessary for a captive insurance
 1276  company redomesticating into this state to merge, consolidate,
 1277  transfer assets, or otherwise engage in any other
 1278  reorganization, other than as specified in this section. An
 1279  industrial insured captive insurer may not provide workers’
 1280  compensation and employer’s liability insurance except in excess
 1281  of at least $25 million in the annual aggregate.
 1282         (7) An industrial insured captive insurance company need
 1283  not be incorporated in this state if it has been validly
 1284  incorporated under the laws of another jurisdiction.
 1285         Section 21. Effective upon this act becoming a law, section
 1286  628.906, Florida Statutes, is created to read:
 1287         628.906 Application requirements; restrictions on
 1288  eligibility of officers and directors.—
 1289         (1) To evidence competence and trustworthiness of its
 1290  officers and directors, the application for a license to act as
 1291  a captive insurance company or captive reinsurance company shall
 1292  include, but not be limited to, background investigations,
 1293  biographical affidavits, and fingerprint cards for all officers
 1294  and directors. Fingerprints must be taken by a law enforcement
 1295  agency or other entity approved by the office, be accompanied by
 1296  the fingerprint processing fee specified in s. 624.501, and
 1297  processed in accordance with s. 624.34.
 1298         (2) The office may deny, suspend, or revoke the license to
 1299  transact captive insurance or captive reinsurance in this state
 1300  if any person who was an officer or director of an insurer,
 1301  reinsurer, captive insurance company, captive reinsurance
 1302  company, financial institution, or financial services business
 1303  doing business in the United States, any state, or under the law
 1304  of any other country and who served in that capacity within the
 1305  2-year period prior to the date the insurer, reinsurer, captive
 1306  insurance company, captive reinsurance company, financial
 1307  institution, or financial services business became insolvent,
 1308  serves as an officer or director of a captive insurance company
 1309  or officer or director of a captive reinsurance company licensed
 1310  in this state unless the officer or director demonstrates that
 1311  his or her personal actions or omissions were not a contributing
 1312  cause to the insolvency or unless the officer or director is
 1313  immediately removed from the captive insurance company or
 1314  captive reinsurance company.
 1315         (3) The office may deny, suspend, or revoke the license to
 1316  transact insurance or reinsurance in this state of a captive
 1317  insurance company or captive reinsurance company if any officer
 1318  or director, any stockholder that owns 10 percent or more of the
 1319  outstanding voting securities of the captive insurance company
 1320  or captive reinsurance company, or incorporator has been found
 1321  guilty of, or has pleaded guilty or nolo contendere to, any
 1322  felony or crime involving moral turpitude, including a crime of
 1323  dishonesty or breach of trust, punishable by imprisonment of 1
 1324  year or more under the law of the United States or any state
 1325  thereof or under the law of any other country without regard to
 1326  whether a judgment of conviction has been entered by the court
 1327  having jurisdiction in such case. However, in the case of a
 1328  captive insurance company or captive reinsurance company
 1329  operating under a subsisting license, the captive insurance
 1330  company or captive reinsurance company shall remove any such
 1331  person immediately upon discovery of the conditions set forth in
 1332  this subsection when applicable to such person or upon the order
 1333  of the office, and the failure to so act shall be grounds for
 1334  revocation or suspension of the captive insurance company’s or
 1335  captive reinsurance company’s license.
 1336         Section 22. Effective upon this act becoming a law, section
 1337  628.907, Florida Statutes, is amended to read:
 1338         628.907 Minimum capital and net assets requirements;
 1339  restriction on payment of dividends surplus.—
 1340         (1) A No captive insurer may not shall be issued a license
 1341  unless it possesses and thereafter maintains:
 1342         (1) unimpaired paid-in capital of:
 1343         (a) In the case of a pure captive insurance company, at
 1344  least $100,000. $500,000; and
 1345         (b) In the case of an industrial insured captive insurance
 1346  company incorporated as a stock insurer, at least $200,000.
 1347         (c) In the case of a special purpose captive insurance
 1348  company, an amount determined by the office after giving due
 1349  consideration to the company’s business plan, feasibility study,
 1350  and pro forma financial statements and projections, including
 1351  the nature of the risks to be insured.
 1352         (2) The office may not issue a license to a captive
 1353  insurance company incorporated as a nonprofit corporation unless
 1354  the company possesses and maintains unrestricted net assets of:
 1355         (a) In the case of a pure captive insurance company,
 1356  Unimpaired surplus of at least $250,000.
 1357         (b) In the case of a special purpose captive insurance
 1358  company, an amount determined by the office after giving due
 1359  consideration to the company’s business plan, feasibility study,
 1360  and pro forma financial statements and projections, including
 1361  the nature of the risks to be insured.
 1362         (3) Contributions to a captive insurance company
 1363  incorporated as a nonprofit corporation must be in the form of
 1364  cash, cash equivalent, or an irrevocable letter of credit issued
 1365  by a bank chartered by this state or a member bank of the
 1366  Federal Reserve System with a branch office in this state, or as
 1367  approved by the office.
 1368         (4) For purposes of this section, the office may issue a
 1369  license expressly conditioned upon the captive insurance company
 1370  providing to the office satisfactory evidence of possession of
 1371  the minimum required unimpaired paid-in capital. Until this
 1372  evidence is provided, the captive insurance company may not
 1373  issue any policy, assume any liability, or otherwise provide
 1374  coverage. The office may revoke the conditional license if
 1375  satisfactory evidence of the required capital is not provided
 1376  within a maximum period of time, not to exceed 1 year, to be
 1377  established by the office at the time the conditional license is
 1378  issued.
 1379         (5) The office may prescribe additional capital or net
 1380  assets based upon the type, volume, and nature of insurance
 1381  business transacted. Contributions in connection with these
 1382  prescribed additional net assets or capital must be in the form
 1383  of:
 1384         (a) Cash;
 1385         (b) Cash equivalent;
 1386         (c) An irrevocable letter of credit issued by a bank
 1387  chartered by this state or a member bank of the Federal Reserve
 1388  System with a branch office in this state, or as approved by the
 1389  office; or
 1390         (d) Securities invested as provided in part II of chapter
 1391  625.
 1392         (6) A captive insurance company may not pay a dividend out
 1393  of, or other distribution with respect to, capital or surplus in
 1394  excess of the limitations set forth in this chapter without the
 1395  prior approval of the office. Approval of an ongoing plan for
 1396  the payment of dividends or other distributions must be
 1397  conditioned upon the retention, at the time of each payment, of
 1398  capital or surplus in excess of amounts specified by, or
 1399  determined in accordance with formulas approved by, the office.
 1400         (7) An irrevocable letter of credit that is issued by a
 1401  financial institution other than a bank chartered by this state
 1402  or a member bank of the Federal Reserve System must meet the
 1403  same standards as an irrevocable letter of credit that has been
 1404  issued by a bank chartered by this state or a member bank of the
 1405  Federal Reserve System.
 1406         Section 23. Effective upon this act becoming a law, section
 1407  628.908, Florida Statutes, is created to read:
 1408         628.908 Surplus requirements; restriction on payment of
 1409  dividends.—
 1410         (1) The office may not issue a license to a captive
 1411  insurance company unless the company possesses and maintains
 1412  unimpaired surplus of:
 1413         (a) In the case of a pure captive insurance company, at
 1414  least $150,000.
 1415         (b) In the case of an industrial insured captive insurance
 1416  company incorporated as a stock insurer, at least $300,000.
 1417         (c) In the case of an industrial insured captive insurance
 1418  company incorporated as a mutual insurer, at least $500,000.
 1419         (d) In the case of a special purpose captive insurance
 1420  company, an amount determined by the office after giving due
 1421  consideration to the company’s business plan, feasibility study,
 1422  and pro forma financial statements and projections, including
 1423  the nature of the risks to be insured.
 1424         (2) For purposes of this section, the office may issue a
 1425  license expressly conditioned upon the captive insurance company
 1426  providing to the office satisfactory evidence of possession of
 1427  the minimum required unimpaired surplus. Until this evidence is
 1428  provided, the captive insurance company may not issue any
 1429  policy, assume any liability, or otherwise provide coverage. The
 1430  office may revoke the conditional license if satisfactory
 1431  evidence of the required surplus is not provided within a
 1432  maximum period of time, not to exceed 1 year, to be established
 1433  by the office at the time the conditional license is issued.
 1434         (3) A captive insurance company may not pay a dividend out
 1435  of, or other distribution with respect to, capital or surplus in
 1436  excess of the limitations set forth in this chapter without the
 1437  prior approval of the office. Approval of an ongoing plan for
 1438  the payment of dividends or other distribution must be
 1439  conditioned upon the retention, at the time of each payment, of
 1440  capital or surplus in excess of amounts specified by, or
 1441  determined in accordance with formulas approved by, the office.
 1442         (4) An irrevocable letter of credit that is issued by a
 1443  financial institution other than a bank chartered by this state
 1444  or a member bank of the Federal Reserve System must meet the
 1445  same standards as an irrevocable letter of credit that has been
 1446  issued by a bank chartered by this state or a member bank of the
 1447  Federal Reserve System.
 1448         Section 24. Effective upon this act becoming a law, section
 1449  628.909, Florida Statutes, is amended to read:
 1450         628.909 Applicability of other laws.—
 1451         (1) The Florida Insurance Code does shall not apply to
 1452  captive insurers or industrial insured captive insurers except
 1453  as provided in this part and subsections (2) and (3).
 1454         (2) The following provisions of the Florida Insurance Code
 1455  shall apply to captive insurers who are not industrial insured
 1456  captive insurers to the extent that such provisions are not
 1457  inconsistent with this part:
 1458         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 1459  624.40851, 624.4095, 624.425, and 624.426.
 1460         (b) Chapter 625, part II.
 1461         (c) Chapter 626, part IX.
 1462         (d) Sections 627.730-627.7405, when no-fault coverage is
 1463  provided.
 1464         (e) Chapter 628.
 1465         (3) The following provisions of the Florida Insurance Code
 1466  shall apply to industrial insured captive insurers to the extent
 1467  that such provisions are not inconsistent with this part:
 1468         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 1469  624.40851, 624.4095, 624.425, 624.426, and 624.609(1).
 1470         (b) Chapter 625, part II, if the industrial insured captive
 1471  insurer is incorporated in this state.
 1472         (c) Chapter 626, part IX.
 1473         (d) Sections 627.730-627.7405 when no-fault coverage is
 1474  provided.
 1475         (e) Chapter 628, except for ss. 628.341, 628.351, and
 1476  628.6018.
 1477         Section 25. Effective upon this act becoming a law, section
 1478  628.910, Florida Statutes, is created to read:
 1479         628.910 Incorporation options and requirements.—
 1480         (1) A pure captive insurance company may be:
 1481         (a) Incorporated as a stock insurer with its capital
 1482  divided into shares and held by the stockholders; or
 1483         (b) Incorporated as a public benefit, mutual benefit, or
 1484  religious nonprofit corporation with members in accordance with
 1485  the Florida Not For Profit Corporation Act.
 1486         (2) An industrial insured captive insurance company may be:
 1487         (a) Incorporated as a stock insurer with its capital
 1488  divided into shares and held by the stockholders; or
 1489         (b) Incorporated as a mutual insurer without capital stock,
 1490  the governing body of which is elected by its members.
 1491         (3) A captive insurance company may not have fewer than
 1492  three incorporators of whom not fewer than two must be residents
 1493  of this state.
 1494         (4) In the case of a captive insurance company formed as a
 1495  corporation or a nonprofit corporation, before the articles of
 1496  incorporation are transmitted to the Secretary of State, the
 1497  incorporators shall file the articles of incorporation in
 1498  triplicate with the office. The office shall promptly examine
 1499  the articles of incorporation. If it finds that the articles of
 1500  incorporation conform to law, it shall endorse its approval on
 1501  each of the triplicate originals of the articles of
 1502  incorporation, retain one copy for its files, and return the
 1503  remaining copies to the incorporators for filing with the
 1504  Department of State.
 1505         (5) The articles of incorporation, the certificate issued
 1506  pursuant to this section, and the organization fees required by
 1507  the Florida Business Corporation Act or the Florida Not For
 1508  Profit Corporation Act, as applicable, must be transmitted to
 1509  the Secretary of State, who must record the articles of
 1510  incorporation and the certificate.
 1511         (6) The capital stock of a captive insurance company
 1512  incorporated as a stock insurer must be issued at par value of
 1513  not less than $1 or more than $100 per share.
 1514         (7) In the case of a captive insurance company formed as a
 1515  corporation or a nonprofit corporation, at least one of the
 1516  members of the board of directors of a captive insurance company
 1517  incorporated in this state must be a resident of this state.
 1518         (8) A captive insurance company formed as a corporation or
 1519  a nonprofit corporation, pursuant to the provisions of this
 1520  chapter, has the privileges and is subject to the provisions of
 1521  the general corporation law, including the Florida Not For
 1522  Profit Corporation Act for nonprofit corporations, as
 1523  applicable, as well as the applicable provisions contained in
 1524  this chapter. If a conflict occurs between a provision of the
 1525  general corporation law, including the Florida Not For Profit
 1526  Corporation Act for nonprofit corporations, as applicable, and a
 1527  provision of this chapter, the latter controls. The provisions
 1528  of this title pertaining to mergers, consolidations,
 1529  conversions, mutualizations, and redomestications apply in
 1530  determining the procedures to be followed by a captive insurance
 1531  company in carrying out any of the transactions described in
 1532  such provisions, except that the office may waive or modify the
 1533  requirements for public notice and hearing in accordance with
 1534  rules the office may adopt addressing categories of
 1535  transactions. If a notice of public hearing is required, but no
 1536  one requests a hearing, the office may cancel the hearing.
 1537         (9) The articles of incorporation or bylaws of a captive
 1538  insurance company may authorize a quorum of a board of directors
 1539  to consist of no fewer than one-third of the fixed or prescribed
 1540  number of directors as provided for by the Florida Business
 1541  Corporation Act or the Florida Not For Profit Corporation Act.
 1542         Section 26. Effective upon this act becoming a law, section
 1543  628.911, Florida Statutes, is amended to read:
 1544         628.911 Reports and statements.—
 1545         (1) A captive insurance company may insurer shall not be
 1546  required to make any annual report except as provided in this
 1547  part section.
 1548         (2) Annually no later than March 1, a captive insurance
 1549  company or a captive reinsurance company insurer shall, within
 1550  60 days after the end of its fiscal year and as often as the
 1551  office may deem necessary, submit to the office a report of its
 1552  financial condition verified by oath of two of its executive
 1553  officers. Except as provided in this part, a captive insurance
 1554  company or a captive reinsurance company must report using
 1555  generally accepted accounting principles, unless the office
 1556  approves the use of statutory accounting principles, with useful
 1557  or necessary modifications or adaptations required or approved
 1558  or accepted by the office for the type of insurance and kinds of
 1559  insurers to be reported upon, and as supplemented by additional
 1560  information required by the office. The Financial Services
 1561  Commission may adopt by rule the form in which captive insurance
 1562  companies insurers shall report.
 1563         (3) A captive insurance company may make written
 1564  application for filing the required report on a fiscal year end
 1565  that is consistent with the parent company’s fiscal year. If an
 1566  alternative reporting date is granted, the annual report is due
 1567  60 days after the fiscal year end.
 1568         Section 27. Effective upon this act becoming a law, section
 1569  628.912, Florida Statutes, is created to read:
 1570         628.912 Discounting of loss and loss adjustment expense
 1571  reserves.—
 1572         (1) A captive reinsurance company may discount its loss and
 1573  loss adjustment expense reserves at treasury rates applied to
 1574  the applicable payments projected through the use of the
 1575  expected payment pattern associated with the reserves.
 1576         (2) A captive reinsurance company must file annually an
 1577  actuarial opinion on loss and loss adjustment expense reserves
 1578  provided by an independent actuary. The actuary may not be an
 1579  employee of the captive reinsurance company or its affiliates.
 1580         (3) The office may disallow the discounting of reserves if
 1581  a captive reinsurance company violates a provision of this part.
 1582         Section 28. Effective upon this act becoming a law, section
 1583  628.913, Florida Statutes, is amended to read:
 1584         (Substantial rewording of section. See
 1585         s. 628.913, F.S., for present text.)
 1586         628.913 Captive reinsurance companies.—
 1587         (1) A captive reinsurance company, if permitted by its
 1588  articles of incorporation or charter, may apply to the office
 1589  for a license to write reinsurance covering property and
 1590  casualty insurance or reinsurance contracts. A captive
 1591  reinsurance company authorized by the office may write
 1592  reinsurance contracts covering risks in any state; however, a
 1593  captive reinsurance company authorized by the office may not
 1594  directly insure risks.
 1595         (2) To conduct business in this state, a captive
 1596  reinsurance company must:
 1597         (a) Obtain from the office a license authorizing it to
 1598  conduct business as a captive reinsurance company in this state;
 1599         (b) Hold at least one board of directors’ meeting each year
 1600  in this state;
 1601         (c) Maintain its principal place of business in this state;
 1602  and
 1603         (d) Appoint a registered agent to accept service of process
 1604  and act otherwise on its behalf in this state.
 1605         (3) Before receiving a license, a captive reinsurance
 1606  company must file with the office:
 1607         (a) A certified copy of its charter and bylaws;
 1608         (b) A statement under oath of its president and secretary
 1609  showing its financial condition; and
 1610         (c) Other documents required by the office.
 1611         (4) In addition to the information required by this
 1612  section, the captive reinsurance company must file with the
 1613  office evidence of:
 1614         (a) The amount and liquidity of the captive reinsurance
 1615  company’s assets relative to the risks to be assumed;
 1616         (b) The adequacy of the expertise, experience, and
 1617  character of the person who manages the company;
 1618         (c) The overall soundness of the company’s plan of
 1619  operation; and
 1620         (d) Other overall factors considered relevant by the office
 1621  in ascertaining if the company would be able to meet its policy
 1622  obligations.
 1623         Section 29. Effective upon this act becoming a law, section
 1624  628.914, Florida Statutes, is created to read:
 1625         628.914 Minimum capitalization or reserves for captive
 1626  reinsurance companies.—
 1627         (1) The office may not issue a license to a captive
 1628  reinsurance company unless the company possesses and maintains
 1629  capital or unimpaired surplus of at least the greater of $300
 1630  million or 10 percent of reserves. The surplus may be in the
 1631  form of cash or securities as permitted by part II of chapter
 1632  625.
 1633         (2) The office may prescribe additional capital or surplus
 1634  based upon the type, volume, and nature of the insurance
 1635  business transacted.
 1636         (3) A captive reinsurance company may not pay a dividend
 1637  out of, or other distribution with respect to, capital or
 1638  surplus in excess of the limitations without the prior approval
 1639  of the office. Approval of an ongoing plan for the payment of
 1640  dividends or other distributions must be conditioned upon the
 1641  retention, at the time of each payment, of capital or surplus in
 1642  excess of amounts specified by, or determined in accordance with
 1643  formulas approved by, the office.
 1644         Section 30. Effective upon this act becoming a law, section
 1645  628.9141, Florida Statutes, is created to read:
 1646         628.9141 Incorporation of a captive reinsurance company.—
 1647         (1) A captive reinsurance company must be incorporated as a
 1648  stock insurer with its capital divided into shares and held by
 1649  its shareholders.
 1650         (2) A captive reinsurance company may not have fewer than
 1651  three incorporators of whom at least two must be residents of
 1652  this state.
 1653         (3) Before the articles of incorporation are transmitted to
 1654  the Secretary of State, the incorporators must comply with all
 1655  the requirements of s. 628.091.
 1656         (4) The capital stock of a captive reinsurance company must
 1657  be issued at par value of not less than $1 or more than $100 per
 1658  share.
 1659         (5) At least one of the members of the board of directors
 1660  of a captive reinsurance company incorporated in this state must
 1661  be a resident of this state.
 1662         Section 31. Effective upon this act becoming a law, section
 1663  628.9142, Florida Statutes, is created to read:
 1664         628.9142 Reinsurance; effect on reserves.—
 1665         (1) A captive insurance company may provide reinsurance, as
 1666  authorized in this part, on risks ceded by any other insurer.
 1667         (2) A captive insurance company may take credit for
 1668  reserves on risks or portions of risks ceded to authorized
 1669  insurers or reinsurers and unauthorized insurers or reinsurers
 1670  complying with s. 624.610. A captive insurer may not take credit
 1671  for reserves on risks or portions of risks ceded to an
 1672  unauthorized insurer or reinsurer if the insurer or reinsurer is
 1673  not in compliance with s. 624.610.
 1674         Section 32. Effective upon this act becoming a law, section
 1675  628.918, Florida Statutes, is created to read:
 1676         628.918 Management of assets of captive reinsurance
 1677  company.—At least 35 percent of the assets of a captive
 1678  reinsurance company must be managed by an asset manager
 1679  domiciled in this state.
 1680         Section 33. Effective upon this act becoming a law, section
 1681  628.919, Florida Statutes, is created to read:
 1682         628.919 Standards to ensure risk management control by
 1683  parent company.—The Financial Services Commission shall adopt
 1684  rules establishing standards to ensure that a parent or
 1685  affiliated company is able to exercise control of the risk
 1686  management function of any controlled unaffiliated business to
 1687  be insured by the pure captive insurance company.
 1688         Section 34. Effective upon this act becoming a law, section
 1689  628.920, Florida Statutes, is created to read:
 1690         628.920 Eligibility of licensed captive insurance company
 1691  for certificate of authority to act as insurer.—A licensed
 1692  captive insurance company that meets the necessary requirements
 1693  of this part imposed upon an insurer must be considered for
 1694  issuance of a certificate of authority to act as an insurer in
 1695  this state.
 1696         Section 35. Section 631.271, Florida Statutes, is amended
 1697  to read:
 1698         631.271 Priority of claims.—
 1699         (1) The priority of distribution of claims from the
 1700  insurer’s estate shall be in accordance with the order in which
 1701  each class of claims is set forth in this subsection. Every
 1702  claim in each class shall be paid in full or adequate funds
 1703  shall be retained for such payment before the members of the
 1704  next class may receive any payment. No subclasses may be
 1705  established within any class. The order of distribution of
 1706  claims shall be:
 1707         (a) Class 1.—
 1708         1. All of the receiver’s costs and expenses of
 1709  administration.
 1710         2. All of the expenses of a guaranty association or foreign
 1711  guaranty association in handling claims.
 1712         (b) Class 2.—All claims under policies for losses incurred,
 1713  including third-party claims, all claims against the insurer for
 1714  liability for bodily injury or for injury to or destruction of
 1715  tangible property which claims are not under policies, and all
 1716  claims of a guaranty association or foreign guaranty
 1717  association. All claims under life insurance and annuity
 1718  policies, whether for death proceeds, annuity proceeds, or
 1719  investment values, shall be treated as loss claims. That portion
 1720  of any loss, indemnification for which is provided by other
 1721  benefits or advantages recovered by the claimant, may not be
 1722  included in this class, other than benefits or advantages
 1723  recovered or recoverable in discharge of familial obligations of
 1724  support or by way of succession at death or as proceeds of life
 1725  insurance, or as gratuities. No payment by an employer to her or
 1726  his employee may be treated as a gratuity.
 1727         (c) Class 3.—Claims under nonassessable policies for
 1728  unearned premiums or premium refunds.
 1729         (d) Class 4.—Claims of the Federal Government.
 1730         (e) Class 5.—Debts due to employees for services performed,
 1731  to the extent that the debts do not exceed $2,000 for each
 1732  employee and represent payment for services performed within 6
 1733  months before the filing of the petition for liquidation.
 1734  Officers and directors are not entitled to the benefit of this
 1735  priority. This priority is in lieu of any other similar priority
 1736  that is authorized by law as to wages or compensation of
 1737  employees.
 1738         (f) Class 6.—Claims of general creditors.
 1739         (g) Class 7.—Claims of any state or local government.
 1740  Claims, including those of any state or local government for a
 1741  penalty or forfeiture, shall be allowed in this class, but only
 1742  to the extent of the pecuniary loss sustained from the act,
 1743  transaction, or proceeding out of which the penalty or
 1744  forfeiture arose, with reasonable and actual costs occasioned
 1745  thereby. The remainder of such claims shall be postponed to the
 1746  class of claims under paragraph (k) (j).
 1747         (h) Class 8.—Claims filed after the time specified in s.
 1748  631.181(3), except when ordered otherwise by the court to
 1749  prevent manifest injustice, or any claims other than claims
 1750  under paragraph (i) or under paragraph (k) (j).
 1751         (i) Class 9.—Surplus or contribution notes, or similar
 1752  obligations, and premium refunds on assessable policies.
 1753  Payments to members of domestic mutual insurance companies shall
 1754  be limited in accordance with law.
 1755         (j) Class 10.Interest on allowed claims of Classes 1
 1756  through 9, according to the terms of a plan to pay interest on
 1757  allowed claims proposed by the liquidator and approved by the
 1758  receivership court.
 1759         (k) Class 11.The claims of shareholders or other owners.
 1760         (2) In a liquidation proceeding involving one or more
 1761  reciprocal states, the order of distribution of the domiciliary
 1762  state shall control as to all claims of residents of this and
 1763  reciprocal states. All claims of residents of reciprocal states
 1764  shall be given equal priority of payment from general assets
 1765  regardless of where such assets are located.
 1766  
 1767         Between lines 936 and 937
 1768  insert:
 1769         Section 16. If CS for SB 578 or similar legislation is
 1770  adopted in the same legislative session or an extension thereof
 1771  and becomes law, a surplus lines insurer removing policies from
 1772  the Citizens Property Insurance Corporation must, pursuant to s.
 1773  627.351(6)(q)3.d.(II)(B), Florida Statutes, maintain an A.M.
 1774  Best Financial Strength Rating of A- or better or, in the
 1775  alternative, a Demotech Financial Stability Rating of A or
 1776  better.
 1777  
 1778  ================= T I T L E  A M E N D M E N T ================
 1779         And the title is amended as follows:
 1780         Delete line 5
 1781  and insert:
 1782         that cannot be legally operated on roads, highways, or
 1783         streets; amending s. 624.402, F.S.; revising a
 1784         provision exempting alien insurers from the
 1785         requirement to obtain a certificate of authority;
 1786         revising the definition of the term “nonresident”;
 1787         providing that a life insurance policy or annuity
 1788         contract may be issued by an insurer domiciled outside
 1789         the United States under certain conditions; specifying
 1790         the terms and conditions that must be satisfied before
 1791         an alien insured may issue a policy or contract;
 1792         authorizing the Office of Insurance Regulation to
 1793         conduct an examination of an alien insurer if the
 1794         office has reason to believe that the insurer is
 1795         insolvent or is in unsound financial condition;
 1796         providing that an alien insurer issuing policies or
 1797         contracts in this state is subject to the Unfair
 1798         Insurance Trade Practices Act; providing that policies
 1799         and contracts issued pursuant to the act are not
 1800         subject to the premium tax; requiring that an
 1801         application for a life insurance policy or an annuity
 1802         contract contain certain specified statements to
 1803         protect consumers;
 1804  
 1805         Delete lines 18 - 20
 1806  and insert:
 1807         circumstances; creating s. 626.8675, F.S.; providing
 1808         that
 1809  
 1810         Delete line 24
 1811  and insert:
 1812         electronics insurance claims; amending s. 626.9201,
 1813         F.S.; clarifying the definition of the term “licensed
 1814         insurer” or “insurer”; amending s. 626.9201, F.S.;
 1815         providing certain exceptions to the notice of
 1816         cancellation or nonrenewal requirements; amending s.
 1817         626.9541, F.S.; including knowingly altered property
 1818         and casualty certificates of insurance to the list of
 1819         unfair or deceptive acts or practices; amending s.
 1820         627.351,
 1821  
 1822         Delete line 27
 1823  and insert:
 1824         company; requiring the corporation to offer certain
 1825         types of basic personal lines policy; providing
 1826         valuation criteria for establishing replacement costs
 1827         for coverage on a dwelling issued by the corporation;
 1828         creating s. 627.6011, F.S.; providing that
 1829  
 1830         Delete line 29
 1831  and insert:
 1832         benefit plans; amending s. 627.6699, F.S.; revising
 1833         the definition of “carrier”; amending s. 627.7015,
 1834         F.S.; revising
 1835  
 1836         Between lines 31 and 32
 1837  insert:
 1838         amending s. 627.706, F.S.; providing criteria for the
 1839         renewal of sinkhole insurance; amending s. 627.707,
 1840         F.S.; defining the term “rebate”;
 1841  
 1842         Delete line 37
 1843  and insert:
 1844         protection benefits; amending s. 627.7405, F.S.;
 1845         providing that certain owners or registrants are not
 1846         liable for an insurers’ right of reimbursement;
 1847         amending s. 628.901, F.S.; providing definitions;
 1848         repealing s. 628.903, F.S., relating to the definition
 1849         of the term “industrial insured captive insurer”;
 1850         amending s. 628.905, F.S.; expanding the kinds of
 1851         insurance for which a captive insurer may seek
 1852         licensure; limiting the risks that certain captive
 1853         insurers may insure; specifying requirements and
 1854         conditions relating to a captive insurer’s authority
 1855         to conduct business; requiring that before licensure
 1856         certain captive insurers must file or submit to the
 1857         Office of Insurance Regulation specified information,
 1858         documents, and statements; requiring a captive
 1859         insurance company to file specific evidence with the
 1860         office relating to the financial condition and quality
 1861         of management and operations of the company;
 1862         specifying certain fees to be paid by captive
 1863         insurance companies; authorizing a foreign or alien
 1864         captive insurance company to become a domestic captive
 1865         insurance company by complying with specified
 1866         requirements; authorizing the office to waive any
 1867         requirements for public hearings relating to the
 1868         redomestication of an alien captive insurance company;
 1869         creating s. 628.906, F.S.; requiring biographical
 1870         affidavits, background investigations, and fingerprint
 1871         cards for all officers and directors; providing
 1872         restrictions on officers and directors involved with
 1873         insolvent insurers under certain conditions; providing
 1874         restrictions on officers and directors that are found
 1875         guilty of, or have pleaded guilty or nolo contendere
 1876         to, any felony or crime involving moral turpitude,
 1877         including a crime of dishonesty or breach of trust;
 1878         amending s. 628.907, F.S.; revising capitalization
 1879         requirements for specified captive insurance
 1880         companies; requiring capital of specified captive
 1881         insurance companies to be held in certain forms;
 1882         requiring contributions to captive insurance companies
 1883         that are stock insurer corporations to be in a certain
 1884         form; authorizing the office to issue a captive
 1885         insurance company license conditioned upon certain
 1886         evidence relating to possession of specified capital;
 1887         authorizing revocation of a conditional license under
 1888         certain circumstances; authorizing the office to
 1889         prescribe certain additional capital and net asset
 1890         requirements; requiring such additional requirements
 1891         relating to capital and net assets to be held in
 1892         specified forms; requiring dividends or distributions
 1893         of capital or surplus to meet certain conditions and
 1894         be approved by the office; requiring certain
 1895         irrevocable letters of credit to meet certain
 1896         standards; creating s. 628.908, F.S.; prohibiting the
 1897         issuance of a license to specified captive insurance
 1898         companies unless such companies possess and maintain
 1899         certain levels of unimpaired surplus; authorizing the
 1900         office to condition issuance of a captive insurance
 1901         company license upon the provision of certain evidence
 1902         relating to the possession of a minimum amount of
 1903         unimpaired surplus; authorizing revocation of a
 1904         conditional license under certain circumstances;
 1905         requiring dividends or distributions of capital or
 1906         surplus to meet certain conditions and be approved by
 1907         the office; requiring certain irrevocable letters of
 1908         credit to meet certain standards; amending s. 628.909,
 1909         F.S.; providing for applicability of certain statutory
 1910         provisions to specified captive insurers; creating s.
 1911         628.910, F.S.; providing requirements, options, and
 1912         conditions relating to how a captive insurance company
 1913         may be incorporated or organized as a business;
 1914         amending s. 628.911, F.S.; providing reporting
 1915         requirements for specified captive insurance companies
 1916         and captive reinsurance companies; creating s.
 1917         628.912, F.S.; authorizing a captive reinsurance
 1918         company to discount specified losses subject to
 1919         certain conditions; amending s. 628.913, F.S.;
 1920         authorizing a captive reinsurance company to apply to
 1921         the office for licensure to write reinsurance covering
 1922         property and casualty insurance or reinsurance
 1923         contracts; authorizing the office to allow a captive
 1924         reinsurance company to write reinsurance contracts
 1925         covering risks in any state; specifying that a captive
 1926         reinsurance company is subject to specified
 1927         requirements and must meet specified conditions in
 1928         order to conduct business in this state; creating s.
 1929         628.914, F.S.; specifying requirements and conditions
 1930         relating to the capitalization or maintenance of
 1931         reserves by a captive reinsurance company; creating s.
 1932         628.9141, F.S.; specifying requirements and conditions
 1933         relating to the incorporation of a captive reinsurance
 1934         company; creating s. 628.9142, F.S.; providing for the
 1935         effect on reserves of certain actions taken by a
 1936         captive insurance company relating to providing
 1937         reinsurance for specified risks; creating s. 628.918,
 1938         F.S.; requiring a specified percentage of a captive
 1939         reinsurance company’s assets to be managed by an asset
 1940         manager domiciled in this state; creating s. 628.919,
 1941         F.S.; authorizing the Financial Services Commission to
 1942         adopt rules establishing certain standards for control
 1943         of an unaffiliated business by a parent or affiliated
 1944         company relating to coverage by a pure captive
 1945         insurance company; creating s. 628.920, F.S.;
 1946         requiring that a licensed captive insurance company
 1947         must be considered for issuance of a certificate of
 1948         authority as an insurer under certain circumstances;
 1949         amending s. 631.271, F.S.; providing for the order of
 1950         distribution for interest on allowed claims; providing
 1951         that if CS for SB 578 or similar legislation becomes
 1952         law, a surplus lines insurer removing policies from
 1953         the Citizens Property Insurance Corporation must
 1954         maintain a certain financial rating; providing
 1955         effective dates.