Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for HB 375
       
       
       
       
       
       
                              Ì481462&Î481462                       
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/3R         .        Floor: SENA1/CA         
             04/25/2014 03:05 PM       .      05/01/2014 06:58 PM       
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       Senator Smith moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 400.996, Florida Statutes, is created to
    6  read:
    7         400.996 Enforcement contracts.—The agency may contract with
    8  counties to enforce the Health Care Clinic Act and rules adopted
    9  thereunder for clinics that are required to be licensed under
   10  this part and that receive reimbursement for services under the
   11  Florida Motor Vehicle No-Fault Law. A contracting county must
   12  directly enforce the state law and not through enforcement of
   13  applicable locally adopted ordinances. A contracting county
   14  shall report alleged violations of the act or part II of chapter
   15  408 to the agency with supporting documentation. The agency
   16  shall review the allegations and documentation and determine
   17  whether such violations have occurred for the purposes of s.
   18  400.995 and chapter 120. The agency shall provide the county
   19  with the results of its initial review and its intended action
   20  within 10 business days after receiving the report. Thereafter,
   21  the agency shall provide notice to the county of any agency
   22  action regarding the alleged violations within 5 business days
   23  after such action.
   24         Section 2. Paragraphs (b) and (c) of subsection (9) of
   25  section 440.49, Florida Statutes, are amended to read:
   26         440.49 Limitation of liability for subsequent injury
   27  through Special Disability Trust Fund.—
   28         (9) SPECIAL DISABILITY TRUST FUND.—
   29         (b)1. The Special Disability Trust Fund shall be maintained
   30  by annual assessments upon the insurance companies writing
   31  compensation insurance in this the state, the commercial self
   32  insurers under ss. 624.462 and 624.4621, the assessable mutuals
   33  as defined in s. 628.6011, and the self-insurers under this
   34  chapter, which assessments shall become due and must be paid
   35  quarterly at the same time and in addition to the assessments
   36  provided under in s. 440.51.
   37         1. Pursuant to this paragraph, the department shall
   38  estimate annually estimate in advance the amount necessary for
   39  the administration of this subsection and the maintenance of the
   40  this fund and shall make such assessment in the manner
   41  hereinafter provided. By July 1 of each year, the department
   42  shall calculate the assessment rate, which must be based on the
   43  net premiums written by carriers and self-insurers, the amount
   44  of premiums calculated by the department for self-insured
   45  employers, the sum of the anticipated disbursements and expenses
   46  of the fund for the next calendar year, and the expected fund
   47  balance for the next calendar year. Such assessment rate shall
   48  take effect January 1 of the next calendar year. Such amount
   49  shall be prorated among insurance companies writing workers’
   50  compensation insurance in the state, self-insurers, and self
   51  insured employers.
   52         2. A reimbursement request that has been approved but
   53  remains unpaid as of June 30, 2014, must be paid by October 31,
   54  2014. The annual assessment shall be calculated to produce
   55  during the next calendar year an amount which, when combined
   56  with that part of the balance anticipated to be in the fund on
   57  December 31 of the current calendar year which is in excess of
   58  $100,000, is equal to the average of:
   59         a. The sum of disbursements from the fund during the
   60  immediate past 3 calendar years, and
   61         b. Two times the disbursements of the most recent calendar
   62  year.
   63         c. Such assessment rate shall first apply on a calendar
   64  year basis for the period beginning January 1, 2012, and shall
   65  be included in workers’ compensation rate filings approved by
   66  the office which become effective on or after January 1, 2012.
   67  The assessment rate effective January 1, 2011, shall also apply
   68  to the interim period from July 1, 2011, through December 31,
   69  2011, and shall be included in workers’ compensation rate
   70  filings, whether regular or amended, approved by the office
   71  which become effective on or after July 1, 2011. Thereafter, the
   72  annual assessment rate shall take effect January 1 of the next
   73  calendar year and shall be included in workers’ compensation
   74  rate filings approved by the office which become effective on or
   75  after January 1 of the next calendar year. Assessments shall
   76  become due and be paid quarterly.
   77  
   78  Such amount shall be prorated among the insurance companies
   79  writing compensation insurance in the state and the self
   80  insurers.
   81         3. The net premiums written by the companies for workers’
   82  compensation in this state and the net premium written
   83  applicable to the self-insurers in this state are the basis for
   84  computing the amount to be assessed as a percentage of net
   85  premiums. Such payments shall be made by each carrier and self
   86  insurer to the department for the Special Disability Trust Fund
   87  in accordance with such regulations as the department
   88  prescribes.
   89         3.4. The Chief Financial Officer is authorized to receive
   90  and shall credit to the such Special Disability Trust fund any
   91  sum or sums that may at any time be contributed to the state by
   92  the United States under an any Act of Congress, or otherwise, to
   93  which the state is may be or become entitled by reason of any
   94  payments made out of the such fund.
   95         (c) Notwithstanding the Special Disability Trust fund
   96  assessment rate calculated pursuant to paragraph (b) this
   97  section, the rate assessed may shall not exceed 2.5 4.52
   98  percent.
   99         Section 3. Subsection (1) of section 624.425, Florida
  100  Statutes, is amended to read:
  101         624.425 Agent countersignature required, property,
  102  casualty, surety insurance.—
  103         (1) Except as stated in s. 624.426, no authorized property,
  104  casualty, or surety insurer shall assume direct liability as to
  105  a subject of insurance resident, located, or to be performed in
  106  this state unless the policy or contract of insurance is issued
  107  by or through, and is countersigned by, an agent who is
  108  regularly commissioned and licensed currently as an agent and
  109  appointed as an agent for the insurer under this code. However,
  110  the absence of a countersignature does not affect the validity
  111  of the policy or contract. If two or more authorized insurers
  112  issue a single policy of insurance against legal liability for
  113  loss or damage to person or property caused by a the nuclear
  114  energy hazard, or a single policy insuring against loss or
  115  damage to property by radioactive contamination, whether or not
  116  also insuring against one or more other perils that may be
  117  insured proper to insure against in this state, such policy if
  118  otherwise lawful may be countersigned on behalf of all of the
  119  insurers by a licensed and appointed agent of the any insurer
  120  appearing thereon. The producing agent shall receive on each
  121  policy or contract the full and usual commission allowed and
  122  paid by the insurer to its agents on business written or
  123  transacted by them for the insurer.
  124         Section 4. Subsection (2) of section 627.902, Florida
  125  Statutes, is amended to read:
  126         627.902 Premium financing by an insurer or subsidiary.—
  127         (2) Nothing in This part or in part XV of this chapter does
  128  not disallow disallows or otherwise apply applies to:
  129         (a) Installment payment arrangements offered by an insurer
  130  if such arrangements do not involve the advancement of funds
  131  which would constitute financing and do not exceed the service
  132  charges provided under s. 627.901; or
  133         (b) A discount for an any insured who pays the entire
  134  premium for the entire policy term at the inception of the term
  135  if the discount is found to be actuarially justified by the
  136  office and approved by the office pursuant to the provisions of
  137  part I of this chapter. Such actuarially justified and approved
  138  discount may shall not be deemed a component of or related to
  139  premium financing.
  140         Section 5. Subsection (2) of section 627.94072, Florida
  141  Statutes, is amended to read:
  142         627.94072 Mandatory offers.—
  143         (2) An insurer that offers a long-term care insurance
  144  policy, certificate, or rider in this state shall must offer a
  145  nonforfeiture protection provision providing reduced paid-up
  146  insurance, extended term, shortened benefit period, or any other
  147  benefit benefits approved by the office if all or part of a
  148  premium is not paid. A nonforfeiture provision may also be
  149  offered in the form of a return of premium on the death of the
  150  insured, or on the complete surrender or cancellation of the
  151  policy or contract. Nonforfeiture benefits and any additional
  152  premium for such benefits must be computed in an actuarially
  153  sound manner, using a methodology that has been filed with and
  154  approved by the office.
  155         Section 6. Section 629.271, Florida Statutes, is amended to
  156  read:
  157         629.271 Distribution of savings.—
  158         (1) A reciprocal insurer may from time to time return to
  159  its subscribers any unused premiums, savings, or credits
  160  accruing to their accounts. Any Such distribution may shall not
  161  unfairly discriminate between classes of risks, or policies, or
  162  between subscribers, but such distribution may vary as to
  163  classes of subscribers based on upon the experience of such
  164  classes.
  165         (2) In addition to the option provided in subsection (1), a
  166  domestic reciprocal insurer may, upon the prior written approval
  167  of the office, pay to its subscribers a portion of unassigned
  168  funds of up to 10 percent of surplus with distribution limited
  169  to 50 percent of net income from the previous calendar year.
  170  Such distribution may not unfairly discriminate between classes
  171  of risks, or policies, or between subscribers, but may vary as
  172  to classes of subscribers based on the experience of such
  173  classes.
  174         Section 7. Subsections (2) through (9) of section 631.54,
  175  Florida Statutes, are renumbered as subsections (3) through
  176  (10), respectively, and a new subsection (2) is added to that
  177  section to read:
  178         631.54 Definitions.—As used in this part, the term:
  179         (2) “Assessment year” means the 12-month period, which may
  180  begin on the first day of any calendar quarter, whether January
  181  1, April 1, July 1, or October 1, as specified in an order
  182  issued by the office directing insurers to pay an assessment to
  183  the association. Upon entry of the order, insurers may begin
  184  collecting assessments from policyholders for the assessment
  185  year.
  186         Section 8. Subsections (3) and (4) of section 631.57,
  187  Florida Statutes, are amended to read:
  188         631.57 Powers and duties of the association.—
  189         (3)(a) To the extent necessary to secure the funds for the
  190  respective accounts for the payment of covered claims, to pay
  191  the reasonable costs to administer such accounts the same, and
  192  to the extent necessary to secure the funds for the account
  193  specified in s. 631.55(2)(b) or to retire indebtedness,
  194  including, without limitation, the principal, redemption
  195  premium, if any, and interest on, and related costs of issuance
  196  of, bonds issued under s. 631.695 and the funding of any
  197  reserves and other payments required under the bond resolution
  198  or trust indenture pursuant to which such bonds have been
  199  issued, the office, upon certification of the board of
  200  directors, shall levy assessments initially estimated in the
  201  proportion that each insurer’s net direct written premiums in
  202  this state in the classes protected by the account bears to the
  203  total of said net direct written premiums received in this state
  204  by all such insurers for the preceding calendar year for the
  205  kinds of insurance included within such account. Assessments
  206  shall be remitted to and administered by the board of directors
  207  in the manner specified by the approved plan and paragraph (f).
  208  Each insurer so assessed shall have at least 30 days’ written
  209  notice as to the date the initial assessment payment is due and
  210  payable. Every assessment shall be made as a uniform percentage
  211  applicable to the net direct written premiums of each insurer in
  212  the kinds of insurance included within the account in which the
  213  assessment is made. The assessments levied against any insurer
  214  may shall not exceed in any one year more than 2 percent of that
  215  insurer’s net direct written premiums in this state for the
  216  kinds of insurance included within such account during the
  217  calendar year next preceding the date of such assessments.
  218         (b) If sufficient funds from such assessments, together
  219  with funds previously raised, are not available in any one year
  220  in the respective account to make all the payments or
  221  reimbursements then owing to insurers, the funds available shall
  222  be prorated and the unpaid portion shall be paid as soon
  223  thereafter as funds become available.
  224         (c) The Legislature finds and declares that all assessments
  225  paid by an insurer or insurer group as a result of a levy by the
  226  office, including assessments levied pursuant to paragraph (a)
  227  and emergency assessments levied pursuant to paragraph (e),
  228  constitute advances of funds from the insurer to the
  229  association. An insurer may fully recoup such advances by
  230  applying the uniform assessment percentage levied by the office
  231  to all a separate recoupment factor to the premium of policies
  232  of the same kind or line as were considered by the office in
  233  determining the assessment liability of the insurer or insurer
  234  group as set forth in paragraph (f).
  235         1. Assessments levied under subparagraph (f)1. are paid
  236  before policy surcharges are collected and result in a
  237  receivable for policy surcharges collected in the future. This
  238  amount, to the extent it is likely that it will be realized,
  239  meets the definition of an admissible asset as specified in the
  240  National Association of Insurance Commissioners’ Statement of
  241  Statutory Accounting Principles No. 4. The asset shall be
  242  established and recorded separately from the liability
  243  regardless of whether it is based on a retrospective or
  244  prospective premium-based assessment. If an insurer is unable to
  245  fully recoup the amount of the assessment because of a reduction
  246  in writings or withdrawal from the market, the amount recorded
  247  as an asset shall be reduced to the amount reasonably expected
  248  to be recouped.
  249         2. Assessments levied under subparagraph (f)2. are paid
  250  after policy surcharges are collected so that the recognition of
  251  assets is based on actual premium written offset by the
  252  obligation to the association.
  253         (d) No State funds may not of any kind shall be allocated
  254  or paid to the said association or any of its accounts.
  255         (e)1.a. In addition to assessments otherwise authorized in
  256  paragraph (a), and to the extent necessary to secure the funds
  257  for the account specified in s. 631.55(2)(b) for the direct
  258  payment of covered claims of insurers rendered insolvent by the
  259  effects of a hurricane and to pay the reasonable costs to
  260  administer such claims, or to retire indebtedness, including,
  261  without limitation, the principal, redemption premium, if any,
  262  and interest on, and related costs of issuance of, bonds issued
  263  under s. 631.695 and the funding of any reserves and other
  264  payments required under the bond resolution or trust indenture
  265  pursuant to which such bonds have been issued, the office, upon
  266  certification of the board of directors, shall levy emergency
  267  assessments upon insurers holding a certificate of authority.
  268  The emergency assessments payable under this paragraph by any
  269  insurer may shall not exceed in any single year more than 2
  270  percent of that insurer’s direct written premiums, net of
  271  refunds, in this state during the preceding calendar year for
  272  the kinds of insurance within the account specified in s.
  273  631.55(2)(b).
  274         2.b.Any Emergency assessments authorized under this
  275  paragraph shall be levied by the office upon insurers referred
  276  to in subparagraph 1. sub-subparagraph a., upon certification as
  277  to the need for such assessments by the board of directors. If
  278  In the event the board of directors participates in the issuance
  279  of bonds in accordance with s. 631.695, emergency assessments
  280  shall be levied in each year that bonds issued under s. 631.695
  281  and secured by such emergency assessments are outstanding, in
  282  such amounts up to such 2 percent 2-percent limit as required in
  283  order to provide for the full and timely payment of the
  284  principal of, redemption premium, if any, and interest on, and
  285  related costs of issuance of, such bonds. The emergency
  286  assessments provided for in this paragraph are assigned and
  287  pledged to the municipality, county, or legal entity issuing
  288  bonds under s. 631.695 for the benefit of the holders of such
  289  bonds, in order to enable such municipality, county, or legal
  290  entity to provide for the payment of the principal of,
  291  redemption premium, if any, and interest on such bonds, the cost
  292  of issuance of such bonds, and the funding of any reserves and
  293  other payments required under the bond resolution or trust
  294  indenture pursuant to which such bonds have been issued, without
  295  the necessity of any further action by the association, the
  296  office, or any other party. If To the extent bonds are issued
  297  under s. 631.695 and the association determines to secure such
  298  bonds by a pledge of revenues received from the emergency
  299  assessments, such bonds, upon such pledge of revenues, shall be
  300  secured by and payable from the proceeds of such emergency
  301  assessments, and the proceeds of emergency assessments levied
  302  under this paragraph shall be remitted directly to and
  303  administered by the trustee or custodian appointed for such
  304  bonds.
  305         3.c. Emergency assessments used to defease bonds issued
  306  under this part paragraph may be payable in a single payment or,
  307  at the option of the association, may be payable in 12 monthly
  308  installments with the first installment being due and payable at
  309  the end of the month after an emergency assessment is levied and
  310  subsequent installments being due by not later than the end of
  311  each succeeding month.
  312         4.d. If emergency assessments are imposed, the report
  313  required by s. 631.695(7) must shall include an analysis of the
  314  revenues generated from the emergency assessments imposed under
  315  this paragraph.
  316         5.e. If emergency assessments are imposed, the references
  317  in sub-subparagraph (1)(a)3.b. and s. 631.695(2) and (7) to
  318  assessments levied under paragraph (a) must shall include
  319  emergency assessments imposed under this paragraph.
  320         6.2. If the board of directors participates in the issuance
  321  of bonds in accordance with s. 631.695, an annual assessment
  322  under this paragraph shall continue while the bonds issued with
  323  respect to which the assessment was imposed are outstanding,
  324  including any bonds the proceeds of which were used to refund
  325  bonds issued pursuant to s. 631.695, unless adequate provision
  326  has been made for the payment of the bonds in the documents
  327  authorizing the issuance of such bonds.
  328         7.3. Emergency assessments under this paragraph are not
  329  premium and are not subject to the premium tax, to any fees, or
  330  to any commissions. An insurer is liable for all emergency
  331  assessments that the insurer collects and shall treat the
  332  failure of an insured to pay an emergency assessment as a
  333  failure to pay the premium. An insurer is not liable for
  334  uncollectible emergency assessments.
  335         (f) The recoupment factor applied to policies in accordance
  336  with paragraph (c) shall be selected by the insurer or insurer
  337  group so as to provide for the probable recoupment of both
  338  assessments levied pursuant to paragraph (a) and emergency
  339  assessments over a period of 12 months, unless the insurer or
  340  insurer group, at its option, elects to recoup the assessment
  341  over a longer period. The recoupment factor shall apply to all
  342  policies of the same kind or line as were considered by the
  343  office in determining the assessment liability of the insurer or
  344  insurer group issued or renewed during a 12-month period. If the
  345  insurer or insurer group does not collect the full amount of the
  346  assessment during one 12-month period, the insurer or insurer
  347  group may apply recalculated recoupment factors to policies
  348  issued or renewed during one or more succeeding 12-month
  349  periods. If, at the end of a 12-month period, the insurer or
  350  insurer group has collected from the combined kinds or lines of
  351  policies subject to assessment more than the total amount of the
  352  assessment paid by the insurer or insurer group, the excess
  353  amount shall be disbursed as follows:
  354         1. The association, office, and insurers remitting
  355  assessments pursuant to paragraph (a) or paragraph (e) must
  356  comply with the following:
  357         a. In the order levying an assessment, the office shall
  358  specify the actual percentage amount to be collected uniformly
  359  from all the policyholders of insurers subject to the assessment
  360  and the date on which the assessment year begins, which may not
  361  begin until 90 days after the association board certifies such
  362  an assessment.
  363         b. Insurers shall make an initial payment to the
  364  association before the beginning of the assessment year on or
  365  before the date specified in the order of the office.
  366         c. Insurers that have written insurance in the calendar
  367  year before the year in which the assessment is certified by the
  368  board shall make an initial payment based on the net direct
  369  written premium amount from the prior calendar year as set forth
  370  in the insurers’ annual statements, multiplied by the uniform
  371  percentage of premium specified in the order issued by the
  372  office. Insurers that have not written insurance in the prior
  373  calendar year in any of the lines under the account which are
  374  being assessed, but that are writing insurance as of, or after,
  375  the date the board certifies the assessment to the office, shall
  376  pay an amount based on a good faith estimate of the amount of
  377  net direct written premium anticipated to be written in the
  378  subject lines of business for the assessment year, multiplied by
  379  the uniform percentage of premium specified in the order issued
  380  by the office.
  381         d. Insurers shall file a reconciliation report with the
  382  association within 45 days after the end of the assessment year
  383  which indicates the amount of the initial payment to the
  384  association before the assessment year, whether such amount was
  385  based on net direct written premium contained in a prior
  386  calendar year annual statement or a good faith projection, the
  387  amount actually collected during the assessment year, and such
  388  other information contained on a form adopted by the association
  389  and provided to the insurers in advance. If the insurer
  390  collected from policyholders more than the amount initially
  391  paid, the insurer shall pay the excess amount to the
  392  association. If the insurer collected from policyholders an
  393  amount which is less than the amount initially paid to the
  394  association, the association shall credit the insurer that
  395  amount against future assessments. Such payment reconciliation
  396  report, and any payment of excess amounts collected from
  397  policyholders, shall be completed and remitted to the
  398  association within 90 days after the end of the assessment year.
  399  The association shall send a final reconciliation report on all
  400  insurers to the office within 120 days after each assessment
  401  year.
  402         e. Insurers remitting reconciliation reports to the
  403  association under this paragraph are subject to s.
  404  626.9541(1)(e). If the excess amount does not exceed 15 percent
  405  of the total assessment paid by the insurer or insurer group,
  406  the excess amount shall be remitted to the association within 60
  407  days after the end of the 12-month period in which the excess
  408  recoupment charges were collected.
  409         2. The association may use a monthly installment method
  410  instead of the method described in sub-subparagraphs 1.b. and c.
  411  or in combination thereof based on the association’s projected
  412  cash flow. If the association projects that it has cash on hand
  413  for the payment of anticipated claims in the applicable account
  414  for at least 6 months, the board may make an estimate of the
  415  assessment needed and may recommend to the office the assessment
  416  percentage that may be collected as a monthly assessment. The
  417  office may, in the order levying the assessment on insurers,
  418  specify that the assessment is due and payable monthly as the
  419  funds are collected from insureds throughout the assessment
  420  year, in which case the assessment shall be a uniform percentage
  421  of premium collected during the assessment year and shall be
  422  collected from all policyholders with policies in the classes
  423  protected by the account. All insurers shall collect the
  424  assessment without regard to whether the insurers reported
  425  premium in the year preceding the assessment. Insurers are not
  426  required to advance funds if the association and the office
  427  elect to use the monthly installment option. All funds collected
  428  shall be retained by the association for the payment of current
  429  or future claims. This subparagraph does not alter the
  430  obligation of an insurer to remit assessments levied pursuant to
  431  this subsection to the association. If the excess amount exceeds
  432  15 percent of the total assessment paid by the insurer or
  433  insurer group, the excess amount shall be returned to the
  434  insurer’s or insurer group’s current policyholders by refunds or
  435  premium credits. The association shall use any remitted excess
  436  recoupment amounts to reduce future assessments.
  437         (g) Amounts recouped pursuant to this subsection for
  438  assessments levied under paragraph (a) due to insolvencies on or
  439  after July 1, 2010, are considered premium solely for premium
  440  tax purposes and are not subject to fees or commissions.
  441  However, insurers shall treat the failure of an insured to pay a
  442  recoupment charge as a failure to pay the premium.
  443         (h) At least 15 days before applying the recoupment factor
  444  to any policies, the insurer or insurer group shall file with
  445  the office a statement for informational purposes only setting
  446  forth the amount of the recoupment factor and an explanation of
  447  how the recoupment factor will be applied. Such statement shall
  448  include documentation of the assessment paid by the insurer or
  449  insurer group and the arithmetic calculations supporting the
  450  recoupment factor. The insurer or insurer group may use the
  451  recoupment factor at any time after the expiration of the 15-day
  452  period. The insurer or insurer group need submit only one
  453  informational statement for all lines of business using the same
  454  recoupment factor.
  455         (i)No later than 90 days after the insurer or insurer
  456  group has completed the recoupment process, the insurer or
  457  insurer group shall file with the office, for information
  458  purposes only, a final accounting report documenting the
  459  recoupment. The report shall provide the amounts of assessments
  460  paid by the insurer or insurer group, the amounts and
  461  percentages recouped by year from each affected line of
  462  business, and the direct written premium subject to recoupment
  463  by year. The insurer or insurer group need submit only one
  464  report for all lines of business using the same recoupment
  465  factor.
  466         (h) Assessments levied under this subsection are levied
  467  upon insurers. This subsection does not create a cause of action
  468  by a policyholder with respect to the levying of, or a
  469  policyholder’s duty to pay, such assessments.
  470         (4) The office department may exempt or temporarily defer
  471  any insurer from any regular or emergency assessment if the
  472  office finds that the insurer is impaired or insolvent or if an
  473  assessment would result in such insurer’s financial statement
  474  reflecting an amount of capital or surplus less than the sum of
  475  the minimum amount required by any jurisdiction in which the
  476  insurer is authorized to transact insurance.
  477         Section 9. Section 631.64, Florida Statutes, is amended to
  478  read:
  479         631.64 Recognition of assessments in rates.—Charges or
  480  recoupments shall be separately displayed on premium statements
  481  to enable policyholders to determine the amount charged for
  482  association assessments but may not be included in rates filed
  483  and approved by the office. The rates and premiums charged for
  484  insurance policies to which this part applies may include
  485  amounts sufficient to recoup a sum equal to the amounts paid to
  486  the association by the member insurer less any amounts returned
  487  to the member insurer by the association, and such rates shall
  488  not be deemed excessive because they contain an amount
  489  reasonably calculated to recoup assessments paid by the member
  490  insurer.
  491         Section 10. Subsection (5) of section 627.727, Florida
  492  Statutes, is amended to read:
  493         627.727 Motor vehicle insurance; uninsured and underinsured
  494  vehicle coverage; insolvent insurer protection.—
  495         (5) Any person having a claim against an insolvent insurer
  496  as defined in s. 631.54(6) under the provisions of this section
  497  shall present such claim for payment to the Florida Insurance
  498  Guaranty Association only. In the event of a payment to a any
  499  person in settlement of a claim arising under the provisions of
  500  this section, the association is not subrogated or entitled to
  501  any recovery against the claimant’s insurer. The association,
  502  however, has the rights of recovery as set forth in chapter 631
  503  in the proceeds recoverable from the assets of the insolvent
  504  insurer.
  505         Section 11. Subsection (1) of section 631.55, Florida
  506  Statutes, is amended to read:
  507         631.55 Creation of the association.—
  508         (1) There is created a nonprofit corporation to be known as
  509  the “Florida Insurance Guaranty Association, Incorporated.” All
  510  insurers defined as member insurers in s. 631.54(7) shall be
  511  members of the association as a condition of their authority to
  512  transact insurance in this state, and, further, as a condition
  513  of such authority, an insurer must shall agree to reimburse the
  514  association for all claim payments the association makes on the
  515  said insurer’s behalf if such insurer is subsequently
  516  rehabilitated. The association shall perform its functions under
  517  a plan of operation established and approved under s. 631.58 and
  518  shall exercise its powers through a board of directors
  519  established under s. 631.56. The corporation shall have all
  520  those powers granted or permitted nonprofit corporations, as
  521  provided in chapter 617.
  522         Section 12. This act shall take effect July 1, 2014.
  523  
  524  ================= T I T L E  A M E N D M E N T ================
  525  And the title is amended as follows:
  526         Delete everything before the enacting clause
  527  and insert:
  528                        A bill to be entitled                      
  529         An act relating to insurance; creating s. 400.996,
  530         F.S.; authorizing the Agency for Health Care
  531         Administration to contract with counties to directly
  532         enforce the Health Care Clinic Act; requiring alleged
  533         violations of the act to be reported to the agency for
  534         review; requiring the agency to report the results of
  535         its review and any actions to the county within a
  536         specified time; amending s. 440.49, F.S.; revising the
  537         methodology for calculating the assessment rate
  538         against specified insurers for funding the Special
  539         Disability Trust Fund; reducing the upper limit on the
  540         rate; amending s. 624.425, F.S.; providing that the
  541         absence of a countersignature does not affect the
  542         validity of a policy or contract; amending s. 627.902,
  543         F.S.; providing that premium financing does not apply
  544         to installment payment arrangements that do not
  545         involve the advancement of funds; amending s.
  546         627.94072, F.S.; providing an alternative form of a
  547         nonforfeiture provision for long-term care insurance;
  548         amending s. 629.271, F.S.; authorizing reciprocal
  549         insurers to return a portion of unassigned funds to
  550         their subscribers; amending s. 631.54, F.S.; defining
  551         the term “assessment year”; amending s. 631.57, F.S.;
  552         revising provisions relating to the levy of
  553         assessments on insurers by the Florida Insurance
  554         Guaranty Association; specifying the conditions under
  555         which such assessments are paid; revising procedures
  556         and timeframes for the levying of the assessments;
  557         deleting the requirement that insurers file a final
  558         accounting report documenting the recoupment; revising
  559         an exemption for assessments; amending s. 631.64,
  560         F.S.; requiring charges or recoupments to be displayed
  561         separately on premium statements to policyholders and
  562         prohibiting their inclusion in rates; amending ss.
  563         627.727 and 631.55, F.S.; conforming cross-references;
  564         providing an effective date.