Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1274
       
       
       
       
       
       
                                Ì734162ÇÎ734162                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/02/2016 11:44 AM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 624.407, Florida
    6  Statutes, is amended to read:
    7         624.407 Surplus required; new insurers.—
    8         (1) To receive authority to transact any one kind or
    9  combinations of kinds of insurance, as defined in part V of this
   10  chapter, an insurer applying for its original certificate of
   11  authority in this state shall possess surplus as to
   12  policyholders at least the greater of:
   13         (a) For a property and casualty insurer, $5 million, or
   14  $2.5 million for any other insurer;
   15         (b) For life insurers, 4 percent of the insurer’s total
   16  liabilities;
   17         (c) For life and health insurers, 4 percent of the
   18  insurer’s total liabilities, plus 6 percent of the insurer’s
   19  liabilities relative to health insurance;
   20         (d) For all insurers other than life insurers and life and
   21  health insurers, 10 percent of the insurer’s total liabilities;
   22  or
   23         (e) Notwithstanding paragraph (a) or paragraph (d), for a
   24  domestic insurer that transacts residential property insurance
   25  and is:
   26         1. Not a wholly owned subsidiary of an insurer domiciled in
   27  any other state, $15 million.
   28         2. A wholly owned subsidiary of an insurer domiciled in any
   29  other state, $50 million; or
   30         (f)Notwithstanding paragraphs (a), (d), and (e), for a
   31  domestic insurer that only transacts limited sinkhole coverage
   32  insurance for personal lines residential property pursuant to s.
   33  627.7151, $7.5 million.
   34         Section 2. Paragraph (h) is added to subsection (1) of
   35  section 624.408, Florida Statutes, to read:
   36         624.408 Surplus required; current insurers.—
   37         (1) To maintain a certificate of authority to transact any
   38  one kind or combinations of kinds of insurance, as defined in
   39  part V of this chapter, an insurer in this state must at all
   40  times maintain surplus as to policyholders at least the greater
   41  of:
   42         (h)Notwithstanding paragraphs (e), (f), and (g), for a
   43  domestic insurer that only transacts limited sinkhole coverage
   44  insurance for personal lines residential property pursuant to s.
   45  627.7151, $7.5 million.
   46  
   47  The office may reduce the surplus requirement in paragraphs (f)
   48  and (g) if the insurer is not writing new business, has premiums
   49  in force of less than $1 million per year in residential
   50  property insurance, or is a mutual insurance company.
   51         Section 3. Section 627.7151, Florida Statutes, is created
   52  to read:
   53         627.7151Limited sinkhole coverage insurance.—
   54         (1)An authorized insurer may issue, but is not required to
   55  make available, a limited sinkhole coverage insurance policy
   56  providing personal lines residential coverage, subject to
   57  underwriting, for the peril of sinkhole loss on any structure or
   58  the contents of personal property contained therein, subject to
   59  this section and ss. 627.706-627.7074. This section does not
   60  apply to commercial lines residential or commercial lines
   61  nonresidential coverage for the peril of sinkhole loss. This
   62  section also does not apply to coverage for the peril of
   63  sinkhole loss that is excess coverage over any other insurance
   64  covering the peril of sinkhole loss.
   65         (2)Limited sinkhole coverage insurance must cover only
   66  losses from the peril of sinkhole loss, as defined in s.
   67  627.706(2)(j); however, such coverage is not required to provide
   68  for contents and additional living expenses.
   69         (3)Citizens Property Insurance Corporation may not issue
   70  limited sinkhole coverage insurance.
   71         (4)Limited sinkhole coverage insurance may:
   72         (a)Notwithstanding s. 627.707(5), limit coverage to
   73  repairs to stabilize the building and repair the foundation in
   74  accordance with the recommendations of the professional engineer
   75  retained pursuant to s. 627.707(2).
   76         (b)In addition to the deductibles authorized under s.
   77  627.706(1)(b), offer deductibles agreed to by the insured and
   78  insurer.
   79         (c)Offer policy limits agreed to by the insured and
   80  insurer. However, policy limits below $50,000 are prohibited
   81  unless that amount exceeds full replacement cost of the
   82  property.
   83         (5)Before issuing a limited sinkhole coverage insurance
   84  policy under this section, the insurance agent must obtain a
   85  signed acknowledgement from an applicant that includes the
   86  following statement in at least 12-point bold, uppercase type:
   87  “BY ACCEPTING THIS LIMITED SINKHOLE COVERAGE INSURANCE POLICY, I
   88  HAVE READ AND UNDERSTAND THE LIMITATIONS THAT MAY APPLY TO MY
   89  POLICY AND I UNDERSTAND THAT MY POLICY IS A “REPAIR-ONLY” POLICY
   90  WHICH MEANS ONLY REPAIR AND/OR STABILIZATION OF THE SPECIFIED
   91  BUILDING AND ITS FOUNDATION IS COVERED, NOT TO EXCEED THE POLICY
   92  LIMITS AFTER APPLICATION OF MY DEDUCTIBLE. I ALSO UNDERSTAND
   93  THAT IT IS RECOMMENDED THAT I CONSULT WITH A QUALIFIED
   94  PROFESSIONAL TO IDENTIFY THE APPROXIMATE COST OF REPAIRING OR
   95  STABILIZING THE SPECIFIED BUILDING AND ITS FOUNDATION SO THAT I
   96  CAN MAKE AN INFORMED DECISION WHEN SELECTING MY POLICY LIMITS
   97  AND DEDUCTIBLE.” The signed acknowledgment must also include, in
   98  at least 12-point bold, uppercase type:
   99         (a)For a policy that provides limited sinkhole coverage
  100  insurance in an amount less than the full replacement cost of
  101  the property, the following statement: “THIS POLICY LIMITS
  102  SINKHOLE COVERAGE TO LESS THAN THE FULL COST OF REPLACEMENT FOR
  103  THE PROPERTY, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO
  104  YOU AND MAY PUT YOUR EQUITY IN THIS PROPERTY AT RISK.”
  105         (b)For a policy that provides for a deductible that
  106  exceeds the deductibles authorized under s. 627.706(1)(b), the
  107  following statement: “THIS POLICY EXCEEDS THE DEDUCTIBLE AMOUNT
  108  PERMITTED FOR OTHER AUTHORIZED SINKHOLE LOSS INSURANCE POLICIES,
  109  WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.”
  110         (6)If the sinkhole loss cannot be repaired within policy
  111  limits, the insurer must:
  112         (a)Pay the cost, without regard to policy limits, to
  113  complete the repairs recommended by the insurer’s professional
  114  engineer; or
  115         (b)Pay the cost, not to exceed the policy limits, to
  116  complete the repairs upon the insured’s entering into a contract
  117  to repair the sinkhole loss in accordance with the repairs
  118  recommended by the insurer’s professional engineer.
  119  
  120  However, if the insured obtains a lower-cost alternative repair
  121  recommendation from a professional engineer for stabilizing the
  122  land or the building and repairing the foundation, the insurer
  123  must pay the cost, not to exceed the policy limits, to complete
  124  the lower-cost alternative repair upon the insured’s entering
  125  into a contract to repair the sinkhole loss in accordance with
  126  the lower-cost alternative repair recommendation by the
  127  insured’s professional engineer. Such lower-cost alternative
  128  repair shall be subject to reasonable cost adjustment by the
  129  insurer; however, the insurer may not depart from the
  130  engineering requirements of the insured’s professional
  131  engineer’s lower-cost alternative repair recommendation. Except
  132  when payment for sinkhole loss is made under paragraph (a), the
  133  insured is responsible for the amount of the repair costs in
  134  excess of policy limits, if any.
  135         (7)The insurer shall make payment for sinkhole losses to
  136  the insured and the contractor performing the repairs jointly.
  137  The insurer may make payment for contents and additional living
  138  expenses, if covered, directly to the insured.
  139         (8)Notwithstanding s. 627.410, an insurer may establish
  140  and use a limited sinkhole coverage insurance form without
  141  filing the form with the office and requesting approval of the
  142  form from the office.
  143         (9)(a)An insurer may establish and use limited sinkhole
  144  coverage insurance rates in accordance with the rate standards
  145  provided in s. 627.062.
  146         (b)For limited sinkhole coverage insurance rates filed
  147  with the office before October 1, 2019, the insurer may also
  148  establish and use rates in accordance with the rates, rating
  149  schedules, or rating manuals filed by the insurer with the
  150  office which allow the insurer a reasonable rate of return on
  151  limited sinkhole coverage insurance written in this state.
  152  Limited sinkhole coverage insurance rates established pursuant
  153  to this paragraph are not subject to s. 627.062(2)(a) or (f). An
  154  insurer shall notify the office of any change to such rates
  155  within 30 days after the effective date of the change. The
  156  notice must include the name of the insurer and the average
  157  statewide percentage change in rates. Actuarial data with regard
  158  to such rates for limited sinkhole coverage insurance must be
  159  maintained by the insurer for 2 years after the effective date
  160  of such rate change and is subject to examination by the office.
  161  The office may require the insurer to incur the costs associated
  162  with an examination. Upon examination, the office, in accordance
  163  with generally accepted and reasonable actuarial techniques,
  164  shall consider the rate factors in s. 627.062(2)(b) and (d) and
  165  the standards in s. 627.062(2)(e) to determine whether the rate
  166  is excessive, inadequate, or unfairly discriminatory.
  167         (10)In addition to any other applicable requirements, an
  168  insurer providing limited sinkhole coverage insurance in this
  169  state must:
  170         (a)Notify the office at least 30 days before writing
  171  limited sinkhole coverage insurance in this state.
  172         (b)File a plan of operation and financial projections or
  173  revisions to such plan, as applicable, with the office.
  174         Section 4. This act shall take effect July 1, 2016.
  175  
  176  ================= T I T L E  A M E N D M E N T ================
  177  And the title is amended as follows:
  178         Delete everything before the enacting clause
  179  and insert:
  180                        A bill to be entitled                      
  181         An act relating to limited sinkhole coverage
  182         insurance; amending s. 624.407, F.S.; specifying the
  183         amount of surplus funds required for domestic insurers
  184         applying for a certificate of authority to provide
  185         limited sinkhole coverage insurance; amending s.
  186         624.408, F.S.; specifying the minimum surplus funds
  187         that must be maintained by insurers that provide
  188         limited sinkhole coverage insurance; creating s.
  189         627.7151, F.S.; authorizing certain insurers to offer
  190         limited sinkhole coverage insurance in this state;
  191         providing requirements and applicability; prohibiting
  192         Citizens Property Insurance Corporation from issuing
  193         limited sinkhole coverage insurance; requiring signed
  194         acknowledgement of certain statements; specifying loss
  195         payment requirements; authorizing use of certain
  196         insurance forms; exempting such forms from approval;
  197         providing an insurer with rate options; requiring the
  198         insurer to notify the Office of Insurance Regulation
  199         before writing limited sinkhole coverage insurance and
  200         to file a plan of operation with the office; providing
  201         an effective date.