Florida Senate - 2024                             CS for SB 1622
       
       
        
       By the Committee on Banking and Insurance; and Senator Trumbull
       
       
       
       
       
       597-02596-24                                          20241622c1
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 624.3161,
    3         F.S.; revising the entities for which the Office of
    4         Insurance Regulation is required to conduct market
    5         conduct examinations; amending s. 624.424, F.S.;
    6         requiring insurers and insurer groups to file a
    7         specified supplemental report on a monthly basis;
    8         requiring that such report include certain information
    9         for each zip code; amending s. 624.4305, F.S.;
   10         authorizing the Financial Services Commission to adopt
   11         rules related to notice of nonrenewal of residential
   12         property insurance policies; amending s. 624.46226,
   13         F.S.; revising the requirements for public housing
   14         authority self-insurance funds; amending s. 626.9201,
   15         F.S.; prohibiting insurers from canceling or
   16         nonrenewing certain insurance policies under certain
   17         circumstances; providing exceptions; providing
   18         construction; authorizing the commission to adopt
   19         rules and the Commissioner of Insurance Regulation to
   20         issue orders; amending s. 627.062, F.S.; specifying
   21         requirements for rate filings if certain models are
   22         used; amending s. 627.351, F.S.; revising requirements
   23         for certain policies that are not subject to certain
   24         rate increase limitations; amending s. 628.011, F.S.;
   25         conforming provisions to changes made by the act;
   26         amending s. 628.061, F.S.; conforming a provision to
   27         changes made by the act; revising the persons that the
   28         office is required to investigate in connection with a
   29         proposal to organize or incorporate a domestic
   30         insurer; amending s. 628.801, F.S.; revising
   31         requirements for rules adopted for insurers that are
   32         members of an insurance holding company; deleting an
   33         obsolete date; authorizing the commission to adopt
   34         rules; amending s. 629.011, F.S.; defining terms;
   35         repealing s. 629.021, F.S., relating to the definition
   36         of the term “reciprocal insurer”; repealing s.
   37         629.061, F.S., relating to the term “attorney”;
   38         amending s. 629.081, F.S.; revising the procedure for
   39         persons to organize as a domestic reciprocal insurer;
   40         specifying requirements for the permit application;
   41         requiring that the application be accompanied by a
   42         specified fee and other pertinent information and
   43         documents; requiring the office to evaluate and grant
   44         or deny the permit application in accordance with
   45         specified provisions; amending s. 629.091, F.S.;
   46         providing that a domestic reciprocal insurer may seek
   47         a certificate of authority only under certain
   48         circumstances; providing requirements for an
   49         application for a certificate of authority to operate
   50         as a domestic reciprocal insurer; requiring the office
   51         to grant a certificate of authority under certain
   52         circumstances; requiring that such certificate of
   53         authority be issued in the name of the reciprocal
   54         insurer to its attorney in fact; creating s. 629.094,
   55         F.S.; requiring a domestic reciprocal insurer to meet
   56         certain requirements to maintain its eligibility for a
   57         certificate of authority; amending s. 629.101, F.S.;
   58         revising requirements for the power of attorney given
   59         by subscribers of a domestic reciprocal insurer to the
   60         attorney in fact; creating s. 629.225, F.S.; providing
   61         applicability; prohibiting persons from concluding a
   62         tender offer or exchange offer or acquiring securities
   63         of certain attorneys in fact and controlling companies
   64         of certain attorneys in fact; providing an exception;
   65         providing applicability; authorizing certain persons
   66         to request that the office waive certain requirements;
   67         providing that the office may waive certain
   68         requirements if specified determinations are made;
   69         specifying the requirements of an application to the
   70         office relating to certain acquisitions; requiring
   71         that such application be accompanied by a specified
   72         fee; requiring that amendments be filed with the
   73         office under certain circumstances; specifying the
   74         manner in which the acquisition application must be
   75         reviewed; authorizing the office, and requiring the
   76         office if a request for a proceeding is filed, to
   77         conduct a proceeding within a specified timeframe to
   78         consider the appropriateness of such application;
   79         requiring that certain time periods be tolled;
   80         requiring that written requests for a proceeding be
   81         filed within a certain timeframe; authorizing certain
   82         persons to take all steps to conclude the acquisition
   83         during the pendency of the proceeding or review
   84         period; requiring the office to order a proposed
   85         acquisition disapproved and that actions to conclude
   86         the acquisition be ceased under certain circumstances;
   87         prohibiting certain persons from making certain
   88         changes during the pendency of the office’s review of
   89         an acquisition; providing an exception; defining the
   90         terms “material change in the operation of the
   91         attorney in fact” and “material change in the
   92         management of the attorney in fact”; requiring the
   93         office to approve or disapprove certain changes upon
   94         making certain findings; requiring that a proceeding
   95         be conducted within a certain timeframe; requiring
   96         that recommended orders and final orders be issued
   97         within a certain timeframe; specifying the
   98         circumstances under which the office may disapprove an
   99         acquisition; specifying that certain persons have the
  100         burden of proof; requiring the office to approve an
  101         acquisition upon certain findings; specifying that
  102         certain votes are not valid and that certain
  103         acquisitions are void; specifying that certain
  104         provisions may be enforced by an injunction; creating
  105         a private right of action in favor of the attorney in
  106         fact or the controlling company to enforce certain
  107         provisions; providing that a certain demand upon the
  108         office is not required before certain legal actions;
  109         providing that the office is not a necessary party to
  110         certain actions; specifying the persons who are deemed
  111         designated for service of process and who have
  112         submitted to the administrative jurisdiction of the
  113         office; providing that approval by the office does not
  114         constitute a certain recommendation; providing that
  115         certain actions are unlawful; providing criminal
  116         penalties; providing a statute of limitations;
  117         authorizing a person to rebut a presumption of control
  118         by filing certain disclaimers; specifying the contents
  119         of such disclaimer; specifying that, after a
  120         disclaimer is filed, the attorney in fact is relieved
  121         of a certain duty; authorizing the office to order
  122         certain persons to cease acquisition of the attorney
  123         in fact or controlling company and divest themselves
  124         of any stock or ownership interest under certain
  125         circumstances; requiring the office to suspend or
  126         revoke the reciprocal certificate of authority under
  127         certain circumstances; creating s. 629.227, F.S.;
  128         specifying the information as to the background and
  129         identity of certain persons which must be furnished by
  130         such persons; creating s. 629.229, F.S.; prohibiting
  131         certain persons who served in certain capacities
  132         before a specified date from serving in certain other
  133         roles or having certain control over certain
  134         selections; providing an exception; amending s.
  135         629.261, F.S.; requiring the office to revoke certain
  136         authorization under certain circumstances; deleting
  137         provisions regarding the office’s authority to issue a
  138         certificate authoring the insurer to extinguish the
  139         contingent liability of subscribers; deleting a
  140         prohibition regarding the office’s authorization to
  141         extinguish the contingent liability of certain
  142         subscribers; amending s. 629.291, F.S.; providing that
  143         certain insurers that merge are governed by the
  144         insurance code; prohibiting domestic stock insurers
  145         from being converted to reciprocal insurers; requiring
  146         that specified plans be filed with the office and that
  147         such plans contain certain information; deleting a
  148         provision regarding a stock or mutual insurer’s
  149         capital and surplus requirements and rights;
  150         authorizing the conversion of assessable reciprocal
  151         insurers to nonassessable reciprocal insurers under
  152         certain circumstances; creating s. 629.525, F.S.;
  153         requiring the commission to adopt, amend, or repeal
  154         certain rules; amending ss. 163.01 and 626.9531, F.S.;
  155         conforming cross-references; providing an effective
  156         date.
  157          
  158  Be It Enacted by the Legislature of the State of Florida:
  159  
  160         Section 1. Subsection (1) of section 624.3161, Florida
  161  Statutes, is amended to read:
  162         624.3161 Market conduct examinations.—
  163         (1) As often as it deems necessary, the office shall
  164  examine each licensed rating organization, each advisory
  165  organization, each group, association, carrier, as defined in s.
  166  440.02, or other organization of insurers which engages in joint
  167  underwriting or joint reinsurance, the attorney in fact of each
  168  reciprocal insurer, and each authorized insurer transacting in
  169  this state any class of insurance to which the provisions of
  170  chapter 627 are applicable. The examination shall be for the
  171  purpose of ascertaining compliance by the person examined with
  172  the applicable provisions of chapters 440, 624, 626, 627, and
  173  635.
  174         Section 2. Paragraph (a) of subsection (10) of section
  175  624.424, Florida Statutes, is amended to read:
  176         624.424 Annual statement and other information.—
  177         (10)(a) Each insurer or insurer group doing business in
  178  this state shall file on a monthly quarterly basis in
  179  conjunction with financial reports required by paragraph (1)(a)
  180  a supplemental report on an individual and group basis on a form
  181  prescribed by the commission with information on personal lines
  182  and commercial lines residential property insurance policies in
  183  this state. The supplemental report shall include separate
  184  information for personal lines property policies and for
  185  commercial lines property policies and totals for each item
  186  specified, including premiums written for each of the property
  187  lines of business as described in ss. 215.555(2)(c) and
  188  627.351(6)(a). The report shall include the following
  189  information for each zip code county on a monthly basis:
  190         1. Total number of policies in force at the end of each
  191  month.
  192         2. Total number of policies canceled.
  193         3. Total number of policies nonrenewed.
  194         4. Number of policies canceled due to hurricane risk.
  195         5. Number of policies nonrenewed due to hurricane risk.
  196         6. Number of new policies written.
  197         7. Total dollar value of structure exposure under policies
  198  that include wind coverage.
  199         8. Number of policies that exclude wind coverage.
  200         9. Number of claims open each month.
  201         10. Number of claims closed each month.
  202         11. Number of claims pending each month.
  203         12. Number of claims in which either the insurer or insured
  204  invoked any form of alternative dispute resolution, and
  205  specifying which form of alternative dispute resolution was
  206  used.
  207         Section 3. Section 624.4305, Florida Statutes, is amended
  208  to read:
  209         624.4305 Nonrenewal of residential property insurance
  210  policies.—Any insurer planning to nonrenew more than 10,000
  211  residential property insurance policies in this state within a
  212  12-month period shall give notice in writing to the Office of
  213  Insurance Regulation for informational purposes 90 days before
  214  the issuance of any notices of nonrenewal. The notice provided
  215  to the office must set forth the insurer’s reasons for such
  216  action, the effective dates of nonrenewal, and any arrangements
  217  made for other insurers to offer coverage to affected
  218  policyholders. The commission may adopt rules to administer this
  219  section.
  220         Section 4. Paragraph (d) of subsection (1) of section
  221  624.46226, Florida Statutes, is amended to read:
  222         624.46226 Public housing authorities self-insurance funds;
  223  exemption for taxation and assessments.—
  224         (1) Notwithstanding any other provision of law, any two or
  225  more public housing authorities in the state as defined in
  226  chapter 421 may form a self-insurance fund for the purpose of
  227  pooling and spreading liabilities of its members as to any one
  228  or combination of casualty risk or real or personal property
  229  risk of every kind and every interest in such property against
  230  loss or damage from any hazard or cause and against any loss
  231  consequential to such loss or damage, provided the self
  232  insurance fund that is created:
  233         (d) Maintains a continuing program of excess insurance
  234  coverage and reinsurance reserve evaluation to protect the
  235  financial stability of the fund in an amount and manner
  236  determined by a qualified and independent actuary. The program
  237  must, at a minimum, this program must:
  238         1. Include a net retention in an amount and manner selected
  239  by the administrator, ratified by the governing body, and
  240  certified by an independent qualified actuary;
  241         2.Include reinsurance or Purchase excess insurance from
  242  authorized insurance carriers or eligible surplus lines
  243  insurers; and.
  244         3.Be certified by a qualified and independent actuary as
  245  to the program’s adequacy. This certification must be submitted
  246  simultaneously with the certifications required under paragraphs
  247  (b) and (c).
  248         2. Retain a per-loss occurrence that does not exceed
  249  $350,000.
  250  
  251  A for-profit or not-for-profit corporation, limited liability
  252  company, or other similar business entity in which a public
  253  housing authority holds an ownership interest or participates in
  254  its governance under s. 421.08(8) may join a self-insurance fund
  255  formed under this section in which such public housing authority
  256  participates. Such for-profit or not-for-profit corporation,
  257  limited liability company, or other similar business entity may
  258  join the self-insurance fund solely to insure risks related to
  259  public housing.
  260         Section 5. Subsection (2) of section 626.9201, Florida
  261  Statutes, is amended to read:
  262         626.9201 Notice of cancellation or nonrenewal.—
  263         (2) An insurer issuing a policy providing coverage for
  264  property, casualty, surety, or marine insurance must give the
  265  named insured written notice of cancellation or termination
  266  other than nonrenewal at least 45 days before the effective date
  267  of the cancellation or termination, including in the written
  268  notice the reasons for the cancellation or termination, except
  269  that:
  270         (a) If cancellation is for nonpayment of premium, at least
  271  10 days’ written notice of cancellation accompanied by the
  272  reason for cancellation must be given. As used in this
  273  paragraph, the term “nonpayment of premium” means the failure of
  274  the named insured to discharge when due any of his or her
  275  obligations in connection with the payment of premiums on a
  276  policy or an installment of such a premium, whether the premium
  277  or installment is payable directly to the insurer or its agent
  278  or indirectly under any plan for financing premiums or extension
  279  of credit or the failure of the named insured to maintain
  280  membership in an organization if such membership is a condition
  281  precedent to insurance coverage. The term also includes the
  282  failure of a financial institution to honor the check of an
  283  applicant for insurance which was delivered to a licensed agent
  284  for payment of a premium, even if the agent previously delivered
  285  or transferred the premium to the insurer. If a correctly
  286  dishonored check represents payment of the initial premium, the
  287  contract and all contractual obligations are void ab initio
  288  unless the nonpayment is cured within the earlier of 5 days
  289  after actual notice by certified mail is received by the
  290  applicant or 15 days after notice is sent to the applicant by
  291  certified mail or registered mail, and, if the contract is void,
  292  any premium received by the insurer from a third party must
  293  shall be refunded to that party in full; and
  294         (b) If cancellation or termination occurs during the first
  295  90 days during which the insurance is in force and if the
  296  insurance is canceled or terminated for reasons other than
  297  nonpayment, at least 20 days’ written notice of cancellation or
  298  termination accompanied by the reason for cancellation or
  299  termination must be given, except if there has been a material
  300  misstatement or misrepresentation or failure to comply with the
  301  underwriting requirements established by the insurer; and
  302         (c)1.Upon a declaration of an emergency pursuant to s.
  303  252.36 and the filing of an order by the Commissioner of
  304  Insurance Regulation, an insurer may not cancel or nonrenew a
  305  personal residential or commercial residential property
  306  insurance policy covering a dwelling or residential property
  307  located in this state which has been damaged as a result of a
  308  hurricane or wind loss that is the subject of the declaration of
  309  emergency for 90 days after the dwelling or residential property
  310  has been repaired. A dwelling or residential property is deemed
  311  to be repaired when substantially completed and restored to the
  312  extent that the dwelling or residential property is insurable by
  313  another insurer that is writing policies in this state.
  314         2.However, an insurer or agent may cancel or nonrenew such
  315  a policy before the repair of the dwelling or residential
  316  property:
  317         a.Upon 10 days’ notice for nonpayment of premium; or
  318         b.Upon 45 days’ notice:
  319         (I)For a material misstatement or fraud related to the
  320  claim;
  321         (II) If the insurer determines that the insured has
  322  unreasonably caused a delay in the repair of the dwelling or
  323  residential property;
  324         (III)If the insurer or its agent makes a reasonable
  325  written inquiry to the insured as to the status of repairs, and
  326  the insured fails within 30 calendar days to provide information
  327  that is responsive to the inquiry to either the address or e
  328  mail account designated by the insurer; or
  329         (IV) If the insurer has paid policy limits.
  330         3. If the insurer elects to nonrenew a policy covering a
  331  property that has been damaged, the insurer must provide at
  332  least 90 days’ notice to the insured that the insurer intends to
  333  nonrenew the policy 90 days after the dwelling or residential
  334  property has been repaired.
  335         4. This paragraph does not prevent the insurer from
  336  canceling or nonrenewing the policy 90 days after the repair is
  337  completed for the same reasons the insurer would otherwise have
  338  canceled or nonrenewed the policy but for the limitations of
  339  subparagraph 1.
  340         5. The Financial Services Commission may adopt rules, and
  341  the Commissioner of Insurance Regulation may issue orders,
  342  necessary to implement this paragraph.
  343         Section 6. Paragraph (j) of subsection (2) of section
  344  627.062, Florida Statutes, is amended to read:
  345         627.062 Rate standards.—
  346         (2) As to all such classes of insurance:
  347         (j) With respect to residential property insurance rate
  348  filings, the rate filing:
  349         1. must account for mitigation measures undertaken by
  350  policyholders to reduce hurricane losses and windstorm losses.
  351         2. May use a modeling indication that is the weighted or
  352  straight average of two or more hurricane loss projection models
  353  found by the Florida Commission on Hurricane Loss Projection
  354  Methodology to be accurate or reliable pursuant to s. 627.0628.
  355  
  356  The provisions of this subsection do not apply to workers’
  357  compensation, employer’s liability insurance, and motor vehicle
  358  insurance.
  359         Section 7. Paragraph (n) of subsection (6) of section
  360  627.351, Florida Statutes, is amended to read:
  361         627.351 Insurance risk apportionment plans.—
  362         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  363         (n)1. Rates for coverage provided by the corporation must
  364  be actuarially sound pursuant to s. 627.062 and not competitive
  365  with approved rates charged in the admitted voluntary market so
  366  that the corporation functions as a residual market mechanism to
  367  provide insurance only when insurance cannot be procured in the
  368  voluntary market, except as otherwise provided in this
  369  paragraph. The office shall provide the corporation such
  370  information as would be necessary to determine whether rates are
  371  competitive. The corporation shall file its recommended rates
  372  with the office at least annually. The corporation shall provide
  373  any additional information regarding the rates which the office
  374  requires. The office shall consider the recommendations of the
  375  board and issue a final order establishing the rates for the
  376  corporation within 45 days after the recommended rates are
  377  filed. The corporation may not pursue an administrative
  378  challenge or judicial review of the final order of the office.
  379         2. In addition to the rates otherwise determined pursuant
  380  to this paragraph, the corporation shall impose and collect an
  381  amount equal to the premium tax provided in s. 624.509 to
  382  augment the financial resources of the corporation.
  383         3. After the public hurricane loss-projection model under
  384  s. 627.06281 has been found to be accurate and reliable by the
  385  Florida Commission on Hurricane Loss Projection Methodology, the
  386  model shall be considered when establishing the windstorm
  387  portion of the corporation’s rates. The corporation may use the
  388  public model results in combination with the results of private
  389  models to calculate rates for the windstorm portion of the
  390  corporation’s rates. This subparagraph does not require or allow
  391  the corporation to adopt rates lower than the rates otherwise
  392  required or allowed by this paragraph.
  393         4. The corporation must make a recommended actuarially
  394  sound rate filing for each personal and commercial line of
  395  business it writes.
  396         5. Notwithstanding the board’s recommended rates and the
  397  office’s final order regarding the corporation’s filed rates
  398  under subparagraph 1., the corporation shall annually implement
  399  a rate increase which, except for sinkhole coverage, does not
  400  exceed the following for any single policy issued by the
  401  corporation, excluding coverage changes and surcharges:
  402         a. Twelve percent for 2023.
  403         b. Thirteen percent for 2024.
  404         c. Fourteen percent for 2025.
  405         d. Fifteen percent for 2026 and all subsequent years.
  406         6. The corporation may also implement an increase to
  407  reflect the effect on the corporation of the cash buildup factor
  408  pursuant to s. 215.555(5)(b).
  409         7. The corporation’s implementation of rates as prescribed
  410  in subparagraphs 5. and 8. shall cease for any line of business
  411  written by the corporation upon the corporation’s implementation
  412  of actuarially sound rates. Thereafter, the corporation shall
  413  annually make a recommended actuarially sound rate filing that
  414  is not competitive with approved rates in the admitted voluntary
  415  market for each commercial and personal line of business the
  416  corporation writes.
  417         8. The following New or renewal personal lines policies
  418  that do not cover a primary residence written on or after
  419  November 1, 2023, are not subject to the rate increase
  420  limitations in subparagraph 5., but may not be charged more than
  421  50 percent above, nor less than, the prior year’s established
  422  rate for the corporation:
  423         a. Policies that do not cover a primary residence;
  424         b. New policies under which the coverage for the insured
  425  risk, before the date of application with the corporation, was
  426  last provided by an insurer determined by the office to be
  427  unsound or an insurer placed in receivership under chapter 631;
  428  or
  429         c. Subsequent renewals of those policies, including the new
  430  policies in sub-subparagraph b., under which the coverage for
  431  the insured risk, before the date of application with the
  432  corporation, was last provided by an insurer determined by the
  433  office to be unsound or an insurer placed in receivership under
  434  chapter 631.
  435         9. As used in this paragraph, the term “primary residence”
  436  means the dwelling that is the policyholder’s primary home or is
  437  a rental property that is the primary home of the tenant, and
  438  which the policyholder or tenant occupies for more than 9 months
  439  of each year.
  440         Section 8. Section 628.011, Florida Statutes, is amended to
  441  read:
  442         628.011 Scope of part.—This part applies only to domestic
  443  stock insurers, mutual insurers, and captive insurers, except
  444  that s. 628.341(2) applies also as to foreign and alien
  445  insurers.
  446         Section 9. Section 628.061, Florida Statutes, is amended to
  447  read:
  448         628.061 Investigation of proposed organization.—In
  449  connection with any proposal to organize or incorporate a
  450  domestic insurer, the office shall make an investigation of:
  451         (1) The character, reputation, financial standing, and
  452  motives of the organizers, incorporators, and subscribers
  453  organizing the proposed insurer or any attorney in fact.
  454         (2) The character, financial responsibility, insurance
  455  experience, and business qualifications of its proposed
  456  officers, members of its subscribers advisory committee, or
  457  officers of its attorney in fact.
  458         (3) The character, financial responsibility, business
  459  experience, and standing of the proposed stockholders and
  460  directors, including the stockholders and directors of any
  461  attorney in fact.
  462         Section 10. Subsections (1), (2), and (5) of section
  463  628.801, Florida Statutes, are amended to read:
  464         628.801 Insurance holding companies; registration;
  465  regulation.—
  466         (1) An insurer that is authorized to do business in this
  467  state and that is a member of an insurance holding company
  468  shall, on or before April 1 of each year, register with the
  469  office and file a registration statement and be subject to
  470  regulation with respect to its relationship to the holding
  471  company as provided by law or rule. The commission shall adopt
  472  rules establishing the information and statement form required
  473  for registration and the manner in which registered insurers and
  474  their affiliates are regulated. The rules apply to domestic
  475  insurers, foreign insurers, and commercially domiciled insurers,
  476  except for foreign insurers domiciled in states that are
  477  currently accredited by the NAIC. Except to the extent of any
  478  conflict with this code, the rules must include all requirements
  479  and standards of the Insurance Holding Company System Model
  480  Regulation and ss. 4 and 5 of the Insurance Holding Company
  481  System Regulatory Act and the Insurance Holding Company System
  482  Model Regulation of the NAIC, as adopted in December 2020 2010.
  483  The commission may adopt subsequent amendments thereto if the
  484  methodology remains substantially consistent. The rules may
  485  include a prohibition on oral contracts between affiliated
  486  entities. Material transactions between an insurer and its
  487  affiliates must shall be filed with the office as provided by
  488  rule.
  489         (2) Effective January 1, 2015, The ultimate controlling
  490  person of every insurer subject to registration shall also file
  491  an annual enterprise risk report on or before April 1. As used
  492  in this subsection, the term “ultimate controlling person” means
  493  a person who is not controlled by any other person. The report
  494  must, to the best of the ultimate controlling person’s knowledge
  495  and belief, must identify the material risks within the
  496  insurance holding company system that could pose enterprise risk
  497  to the insurer. The report must shall be filed with the lead
  498  state office of the insurance holding company system as
  499  determined by the procedures within the Financial Analysis
  500  Handbook adopted by the NAIC and is confidential and exempt from
  501  public disclosure as provided in s. 624.4212.
  502         (a) An insurer may satisfy this requirement by providing
  503  the office with the most recently filed parent corporation
  504  reports that have been filed with the Securities and Exchange
  505  Commission which provide the appropriate enterprise risk
  506  information.
  507         (b) The term “enterprise risk” means an activity, a
  508  circumstance, an event, or a series of events involving one or
  509  more affiliates of an insurer which, if not remedied promptly,
  510  are likely to have a materially adverse effect upon the
  511  financial condition or liquidity of the insurer or its insurance
  512  holding company system as a whole, including anything that would
  513  cause the insurer’s risk-based capital to fall into company
  514  action level as set forth in s. 624.4085 or would cause the
  515  insurer to be in a hazardous financial condition.
  516         (c)The commission may adopt rules for filing the annual
  517  enterprise risk report in accordance with the Insurance Holding
  518  Company System Regulatory Act and the Insurance Holding Company
  519  System Model Regulation of the NAIC, as adopted in December
  520  2020.
  521         (5) Effective January 1, 2015, The failure to file a
  522  registration statement, or a summary of the registration
  523  statement, or the enterprise risk filing report required by this
  524  section within the time specified for filing is a violation of
  525  this section.
  526         Section 11. Section 629.011, Florida Statutes, is amended
  527  to read:
  528         629.011 Definitions “Reciprocal insurance” defined.—As used
  529  in this part, the term:
  530         (1) “Affiliated person” of another person means any of the
  531  following:
  532         (a) The spouse of the other person.
  533         (b) The parents of the other person, and their lineal
  534  descendants, and the parents of the other person’s spouse, and
  535  their lineal descendants.
  536         (c) A person who directly or indirectly owns or controls,
  537  or holds with power to vote, 10 percent or more of the
  538  outstanding voting securities of the other person.
  539         (d) A person who directly or indirectly owns 10 percent or
  540  more of the outstanding voting securities that are directly or
  541  indirectly owned or controlled, or held with power to vote, by
  542  the other person.
  543         (e) A person or group of persons who directly or indirectly
  544  control, are controlled by, or are under common control with the
  545  other person.
  546         (f) A director, an officer, a trustee, a partner, an owner,
  547  a manager, a joint venturer, an employee, or other person
  548  performing duties similar to those of persons in such positions.
  549         (g) If the other person is an investment company, any
  550  investment adviser of such company or any member of an advisory
  551  board of such company.
  552         (h) If the other person is an unincorporated investment
  553  company not having a board of directors, the depositor of such
  554  company.
  555         (i) A person who has entered into an agreement, written or
  556  unwritten, to act in concert with the other person in acquiring,
  557  or limiting the disposition of:
  558         1. Securities of an attorney in fact or controlling company
  559  that is a stock corporation; or
  560         2. An ownership interest of an attorney in fact or
  561  controlling company that is not a stock corporation.
  562         (2) “Attorney in fact” or “attorney” means the attorney in
  563  fact of a reciprocal insurer. The attorney in fact may be an
  564  individual, a corporation, or another person.
  565         (3) “Controlling company” means a person, a corporation, a
  566  trust, a limited liability company, an association, or another
  567  entity owning, directly or indirectly, 10 percent or more of the
  568  voting securities of one or more attorneys in fact that are
  569  stock corporations, or 10 percent or more of the ownership
  570  interest of one or more attorneys in fact that are not stock
  571  corporations.
  572         (4) “Reciprocal insurance” is that resulting from an
  573  interexchange among persons, known as “subscribers,” of
  574  reciprocal agreements of indemnity, the interexchange being
  575  effectuated through an “attorney in fact” common to all such
  576  persons.
  577         (5) “Reciprocal insurer” means unincorporated aggregation
  578  of subscribers operating individually and collectively through
  579  an attorney in fact to provide reciprocal insurance among
  580  themselves.
  581         Section 12. Section 629.021, Florida Statutes, is repealed.
  582         Section 13. Section 629.061, Florida Statutes, is repealed.
  583         Section 14. Section 629.081, Florida Statutes, is amended
  584  to read:
  585         629.081 Organization of reciprocal insurer.—
  586         (1) Twenty-five or more persons domiciled in this state may
  587  organize a domestic reciprocal insurer by making application to
  588  the office for a permit to do so. A domestic reciprocal insurer
  589  may not be formed unless the persons so proposing have first
  590  received a permit from the office and make application to the
  591  office for a certificate of authority to transact insurance.
  592         (2) The permit application, to be filed by the organizers
  593  or the proposed attorney in fact, must be in writing and made in
  594  accordance with forms prescribed by the commission. In addition
  595  to any applicable requirements of s. 628.051 or other relevant
  596  statutes, the application must include all of the following
  597  shall fulfill the requirements of and shall execute and file
  598  with the office, when applying for a certificate of authority, a
  599  declaration setting forth:
  600         (a) The name of the proposed reciprocal insurer, which
  601  shall be in accordance with s. 629.051.;
  602         (b) The location of the insurer’s principal office, which
  603  shall be the same as that of the proposed attorney in fact and
  604  shall be maintained within this state.;
  605         (c) The kinds of insurance proposed to be transacted.;
  606         (d) The names and addresses of the original 25 or more
  607  subscribers.;
  608         (e) The proposed designation and appointment of the
  609  proposed attorney in fact and a copy of the proposed power of
  610  attorney.;
  611         (f) The names and addresses of the officers and directors
  612  of the proposed attorney in fact, if a corporation, or of its
  613  members, if other than a corporation, as well as the background
  614  information as specified in s. 629.227 for all officers,
  615  directors, and equivalent positions of the proposed attorney in
  616  fact as well as for any person with ownership interests of 10
  617  percent or more in the proposed attorney in fact.;
  618         (g)The articles of incorporation and bylaws, or equivalent
  619  documents, of the proposed attorney in fact, dated within the
  620  last year and appropriately certified.
  621         (h)(g) The proposed charter powers of the subscribers’
  622  advisory committee, and the names and terms of office of the
  623  members thereof as well as the background information as
  624  specified in s. 629.227 for each proposed member.;
  625         (h)That all moneys paid to the reciprocal shall, after
  626  deducting therefrom any sum payable to the attorney, be held in
  627  the name of the insurer and for the purposes specified in the
  628  subscribers’ agreement;
  629         (i) A copy of the proposed subscribers’ agreement.;
  630         (j)A statement that each of the original subscribers has
  631  in good faith applied for insurance of a kind proposed to be
  632  transacted, and that the insurer has received from each such
  633  subscriber the full premium or premium deposit required for the
  634  policy applied for, for a term of not less than 6 months at an
  635  adequate rate theretofore filed with and approved by the office;
  636         (k)A statement of the financial condition of the insurer,
  637  a schedule of its assets, and a statement that the surplus as
  638  required by s. 629.071 is on hand; and
  639         (j)(l) A copy of each policy, endorsement, and application
  640  form the insurer it then proposes to issue or use.
  641         (3)The filing must be accompanied by the application fee
  642  required under s. 624.501(1)(a)and such other pertinent
  643  information and documents as reasonably requested by the office.
  644         (4)The office shall evaluate and grant or deny the permit
  645  application in accordance with ss. 628.061, 628.071, and other
  646  relevant provisions of the code.
  647  
  648  Such declaration shall be acknowledged by the attorney before an
  649  officer authorized to take acknowledgments.
  650         Section 15. Section 629.091, Florida Statutes, is amended
  651  to read:
  652         629.091 Reciprocal certificate of authority.—
  653         (1)A domestic reciprocal insurer may seek a certificate of
  654  authority only after obtaining a permit.
  655         (2)To apply for a certificate of authority as a domestic
  656  reciprocal insurer, the attorney in fact of an applicant who has
  657  previously received a permit from the office may file an
  658  application for a certificate of authority in accordance with
  659  forms prescribed by the commission that, in addition to
  660  applicable requirements of ss. 624.404, 624.411, and 624.413 and
  661  other relevant statutes, consist of all of the following:
  662         (a)Executed copies of any proposed or draft documents
  663  required as part of the permit application.
  664         (b)A statement affirming that all moneys paid to the
  665  reciprocal insurer shall, after deducting therefrom any sum
  666  payable to the attorney in fact, be held in the name of the
  667  insurer and for the purposes specified in the subscribers’
  668  agreement.
  669         (c)A statement that each of the original subscribers has
  670  in good faith applied for insurance of a kind proposed to be
  671  transacted, and that the insurer has received from each such
  672  subscriber the full premium or premium deposit required for the
  673  policy applied for, for a term of not less than 6 months at an
  674  adequate rate theretofore filed with and approved by the office.
  675         (d)A copy of the bond required under s. 629.121.
  676         (e)A statement of the financial condition of the insurer,
  677  a schedule of its assets, and a statement that the surplus as
  678  required by s. 629.071 is on hand.
  679         (f)Such other pertinent information or documents as
  680  reasonably requested by the office.
  681         (3)If the reciprocal insurer intends to issue
  682  nonassessable policies upon the receipt of a certificate of
  683  authority, and the office determines that the reciprocal insurer
  684  meets the legal requirements to issue nonassessable policies,
  685  including the surplus requirements, the office shall grant
  686  authorization for a certificate of authority. If the surplus of
  687  the reciprocal insurer becomes impaired, the insurer may no
  688  longer issue or renew nonassessable policies or convert
  689  assessable policies to nonassessable policies, and the
  690  provisions of s. 629.301 shall apply.
  691         (4) The certificate of authority of a reciprocal insurer
  692  shall be issued to its attorney in the name of the reciprocal
  693  insurer to its attorney in fact.
  694         Section 16. Section 629.094, Florida Statutes, is created
  695  to read:
  696         629.094Continued eligibility for certificate of
  697  authority.In order to maintain its eligibility for a
  698  certificate of authority, a domestic reciprocal insurer shall
  699  continue to meet all applicable conditions required for
  700  receiving the initial permit and certificate of authority under
  701  this code and the rules adopted thereunder.
  702         Section 17. Section 629.101, Florida Statutes, is amended
  703  to read:
  704         629.101 Power of attorney in fact.—
  705         (1) The rights and powers of the attorney of a reciprocal
  706  insurer shall be as provided in the power of attorney given it
  707  by the subscribers.
  708         (2) The power of attorney must set forth all of the
  709  following:
  710         (a) The powers of the attorney.;
  711         (b) That the attorney is empowered to accept service of
  712  process on behalf of the insurer in actions against the insurer
  713  upon contracts exchanged.;
  714         (c) The general services to be performed by the attorney.;
  715         (d)That the attorney in fact has a fiduciary duty to the
  716  subscribers of the reciprocal insurer.
  717         (e)(d) The maximum amount to be deducted from advance
  718  premiums or deposits to be paid to the attorney and the general
  719  items of expense in addition to losses, to be paid by the
  720  insurer.; and
  721         (f)(e) Except as to nonassessable policies, a provision for
  722  a contingent several liability of each subscriber in a specified
  723  amount, which amount shall be not less than 5 nor more than 10
  724  times the premium or premium deposit stated in the policy.
  725         (3) The power of attorney may:
  726         (a) Provide for the right of substitution of the attorney
  727  and revocation of the power of attorney and rights thereunder;
  728         (b) Impose such restrictions upon the exercise of the power
  729  as are agreed upon by the subscribers;
  730         (c) Provide for the exercise of any right reserved to the
  731  subscribers directly or through their advisory committee; and
  732         (d) Contain other lawful provisions deemed advisable.
  733         (4) The terms of any power of attorney or agreement
  734  collateral thereto shall be reasonable and equitable, and no
  735  such power or agreement shall be used or be effective in this
  736  state unless filed with the office.
  737         Section 18. Section 629.225, Florida Statutes, is created
  738  to read:
  739         629.225Acquisitions.—The provisions of this section apply
  740  to domestic reciprocal insurers and the attorney in fact of
  741  domestic reciprocal insurers.
  742         (1) A person may not, individually or in conjunction with
  743  any affiliated person of such person, directly or indirectly,
  744  conclude a tender offer or exchange offer for, enter into any
  745  agreement to exchange securities for, or otherwise finally
  746  acquire, 10 percent or more of the outstanding voting securities
  747  of an attorney in fact which is a stock corporation or of a
  748  controlling company of an attorney in fact which is a stock
  749  corporation; or conclude an acquisition of, or otherwise finally
  750  acquire, 10 percent or more of the ownership interest of an
  751  attorney in fact which is not a stock corporation or of a
  752  controlling company of an attorney which is not a stock
  753  corporation, unless all of the following conditions are met:
  754         (a) The person or affiliated person has filed with the
  755  office and sent to the principal office of the attorney in fact,
  756  and any controlling company of the attorney in fact, the
  757  subscribers advisory committee, and the domestic reciprocal
  758  insurer a letter of notification regarding the transaction or
  759  proposed transaction no later than 5 days after any form of
  760  tender offer or exchange offer is proposed, or no later than 5
  761  days after the acquisition of the securities or ownership
  762  interest if a tender offer or exchange offer is not involved.
  763  The notification must be provided on forms prescribed by the
  764  commission containing information determined necessary to
  765  understand the transaction and identify all purchasers and
  766  owners involved.
  767         (b)The subscribers advisory committee has provided the
  768  notification required under paragraph (a) on a form prescribed
  769  by the commission, explaining what the notification is and
  770  letting the subscribers know of the filing deadlines for
  771  objecting to the acquisition.
  772         (c) The person or affiliated person has filed with the
  773  office an application signed under oath and prepared on forms
  774  prescribed by the commission which contains the information
  775  specified in subsection (4). The application must be completed
  776  and filed within 30 days after any form of tender offer or
  777  exchange offer is proposed, or after the acquisition of the
  778  securities if a tender offer or exchange offer is not involved.
  779         (d) The office has approved the tender offer or exchange
  780  offer, or acquisition if a tender offer or exchange offer is not
  781  involved.
  782         (2)This section does not apply to any acquisition of
  783  voting securities or ownership interest of an attorney in fact
  784  or of a controlling company by any person who is the owner of a
  785  majority of the voting securities or ownership interest with the
  786  approval of the office under this section or s. 629.091.
  787         (3)The person or affiliated person filing the notice
  788  required by paragraph (1)(a) may request that the office waive
  789  the requirements of paragraph (1)(b), provided that there is no
  790  change in the ultimate controlling shareholders, and no change
  791  in the ownership percentages of the ultimate controlling
  792  shareholders, and no unaffiliated parties acquire any direct or
  793  indirect interest in the attorney in fact. The office may waive
  794  the filing required by paragraph (1)(b) if it determines that
  795  there is no change in the ultimate controlling shareholders, and
  796  no change in the ownership percentages of the ultimate
  797  controlling shareholders, and no unaffiliated parties will
  798  acquire any direct or indirect interest in the attorney in fact.
  799         (4) The application to be filed with the office and
  800  furnished to the attorney in fact must contain the following
  801  information and any additional information as the office deems
  802  necessary to determine the character, experience, ability, and
  803  other qualifications of the person or affiliated person of such
  804  person for the protection of the reciprocal insurer’s
  805  subscribers and of the public:
  806         (a) The identity and background information specified in s.
  807  629.227 of:
  808         1. Each person by whom, or on whose behalf, the acquisition
  809  is to be made; and
  810         2. Any person who controls, directly or indirectly, such
  811  other person, including each director, officer, trustee,
  812  partner, owner, manager, or joint venturer, or other person
  813  performing duties similar to those of persons in such positions,
  814  for the person.
  815         (b) The source and amount of the funds or other
  816  consideration used, or to be used, in making the acquisition.
  817         (c) Any plans or proposals which such persons may have made
  818  to liquidate the attorney in fact or controlling company, to
  819  sell any of their assets or merge or consolidate them with any
  820  person, or to make any other major change in their business or
  821  corporate structure or management.
  822         (d) The nature and the extent of the controlling interest
  823  which the person or affiliated person of such person proposes to
  824  acquire, the terms of the proposed acquisition, and the manner
  825  in which the controlling interest is to be acquired of an
  826  attorney in fact or controlling company which is not a stock
  827  corporation.
  828         (e) The number of shares or other securities which the
  829  person or affiliated person of such person proposes to acquire,
  830  the terms of the proposed acquisition, and the manner in which
  831  the securities are to be acquired.
  832         (f) Information as to any contract, arrangement, or
  833  understanding with any party with respect to any of the
  834  securities of the attorney in fact or controlling company,
  835  including, but not limited to, information relating to the
  836  transfer of any of the securities, option arrangements, puts or
  837  calls, or the giving or withholding of proxies, which
  838  information names the party with whom the contract, arrangement,
  839  or understanding has been entered into and gives the details
  840  thereof.
  841         (g)The filing must be accompanied by the fee required
  842  under s. 624.501(1)(a).
  843         (5) If any material change occurs in the facts provided in
  844  the application filed with the office pursuant to this section
  845  or the background information required under s. 629.227, an
  846  amendment specifying such changes must be filed immediately with
  847  the office, and a copy of the amendment must be sent to the
  848  principal office of the attorney in fact and to the principal
  849  office of the controlling company.
  850         (6)(a)The acquisition application must be reviewed in
  851  accordance with chapter 120. The office may on its own initiate,
  852  or, if requested to do so in writing by a substantially affected
  853  person, shall conduct a proceeding to consider the
  854  appropriateness of the proposed filing. Time periods for
  855  purposes of chapter 120 shall be tolled during the pendency of
  856  the proceeding. Any written request for a proceeding must be
  857  filed with the office within 10 days after the date notice of
  858  the filing is given, or 10 days after notice of the filing is
  859  sent to the subscribers by the subscribers advisory committee,
  860  whichever is later. During the pendency of the proceeding or
  861  review period by the office, any person or affiliated person
  862  complying with the filing requirements of this section may
  863  proceed and take all steps necessary to conclude the acquisition
  864  so long as the acquisition becoming final is conditioned upon
  865  obtaining office approval. However, at any time it finds an
  866  immediate danger to the public health, safety, and welfare of
  867  the reciprocal insurer’s subscribers exists, the office shall
  868  immediately order, pursuant to s. 120.569(2)(n), the proposed
  869  acquisition disapproved and any further steps to conclude the
  870  acquisition ceased.
  871         (b) During the pendency of the office’s review of any
  872  acquisition subject to the provisions of this section, the
  873  acquiring person may not make any material change in the
  874  operation of the attorney in fact or controlling company unless
  875  the office has specifically approved the change, nor shall the
  876  acquiring person make any material change in the management of
  877  the attorney in fact unless advance written notice of the change
  878  in management is furnished to the office. The term material
  879  change in the operation of the attorney in fact” means a
  880  transaction that disposes of or obligates 5 percent or more of
  881  the capital and surplus of the attorney in fact or of any
  882  domestic reciprocal insurer. The term material change in the
  883  management of the attorney in fact means any change in
  884  management involving officers or directors of the attorney in
  885  fact or any person of the attorney or controlling company having
  886  authority to dispose of or obligate 5 percent or more of the
  887  attorney in fact’s capital or surplus. The office shall approve
  888  a material change in operations if it finds the applicable
  889  provisions of subsection (7) have been met. The office may
  890  disapprove a material change in management if it finds that the
  891  applicable provisions of subsection (7) have not been met and in
  892  such case the attorney in fact shall promptly change management
  893  as acceptable to the office.
  894         (c) If a request for a proceeding is filed, the proceeding
  895  must be conducted within 60 days after the date the written
  896  request for a proceeding is received by the office. A
  897  recommended order must be issued within 20 days after the date
  898  of the close of the proceedings. A final order shall be issued
  899  within 20 days after the date of the recommended order or, if
  900  exceptions to the recommended order are filed, within 20 days
  901  after the date the exceptions are filed.
  902         (7) The office may disapprove any acquisition subject to
  903  this section by any person or any affiliated person of such
  904  person who:
  905         (a) Willfully violates this section;
  906         (b) In violation of an order of the office issued pursuant
  907  to subsection (11), fails to divest himself or herself of any
  908  stock or ownership interest obtained in violation of this
  909  section or fails to divest himself or herself of any direct or
  910  indirect control of such stock or ownership interest, within 25
  911  days after such order; or
  912         (c) In violation of an order issued by the office pursuant
  913  to subsection (12), acquires an additional stock or ownership
  914  interest in an attorney in fact or controlling company or direct
  915  or indirect control of such stock or ownership interest, without
  916  complying with this section.
  917         (8) The person or persons filing the application required
  918  by this section have the burden of proof. The office shall
  919  approve any such acquisition if it finds, on the basis of the
  920  record made during any proceeding or on the basis of the filed
  921  application if no proceeding is conducted, that:
  922         (a) The financial condition of the acquiring person or
  923  persons will not jeopardize the financial stability of the
  924  attorney in fact or prejudice the interests of the reciprocal
  925  insurer’s subscribers or the public.
  926         (b) Any plan or proposal which the acquiring person has, or
  927  acquiring persons have, made:
  928         1. To liquidate the attorney in fact, sell its assets, or
  929  merge or consolidate it with any person, or to make any other
  930  major change in its business or corporate structure or
  931  management is fair and free of prejudice to the reciprocal
  932  insurer’s subscribers or to the public; or
  933         2. To liquidate any controlling company, sell its assets,
  934  or merge or consolidate it with any person, or to make any major
  935  change in its business or corporate structure or management
  936  which would have an effect upon the attorney in fact, is fair
  937  and free of prejudice to the reciprocal insurer’s subscribers or
  938  to the public.
  939         (c) The competence, experience, and integrity of those
  940  persons who will control directly or indirectly the operation of
  941  the attorney in fact indicate that the acquisition is in the
  942  best interest of the reciprocal insurer’s subscribers and in the
  943  public interest.
  944         (d) The natural persons for whom background information is
  945  required to be furnished pursuant to this section have such
  946  backgrounds as to indicate that it is in the best interests of
  947  the reciprocal insurer’s subscribers and in the public interest
  948  to permit such persons to exercise control over the attorney in
  949  fact.
  950         (e) The directors and officers, if such attorney in fact or
  951  controlling company is a stock corporation, or the trustees,
  952  partners, owners, managers, joint venturers, or other persons
  953  performing duties similar to those of persons in such positions,
  954  if such attorney in fact or controlling company is not a stock
  955  corporation, to be employed after the acquisition have
  956  sufficient insurance experience and ability to assure reasonable
  957  promise of successful operation.
  958         (f) The management of the attorney in fact after the
  959  acquisition will be competent, trustworthy, and will possess
  960  sufficient managerial experience so as to make the proposed
  961  operation of the attorney in fact not hazardous to the
  962  insurance-buying public.
  963         (g) The management of the attorney in fact after the
  964  acquisition shall not include any person who has directly or
  965  indirectly through ownership, control, reinsurance transactions,
  966  or other insurance or business relations unlawfully manipulated
  967  the assets, accounts, finances, or books of any insurer or
  968  otherwise acted in bad faith with respect thereto.
  969         (h) The acquisition is not likely to be hazardous or
  970  prejudicial to the reciprocal insurer’s subscribers or to the
  971  public.
  972         (i) The effect of the acquisition would not substantially
  973  lessen competition in the line of insurance for which the
  974  reciprocal insurer is licensed or certified in this state or
  975  would not tend to create a monopoly therein.
  976         (9) A vote by the stockholder of record, or by any other
  977  person, of any security acquired in contravention of this
  978  section is not valid. Any acquisition contrary to this section
  979  is void. Upon the petition of the attorney in fact, any or the
  980  controlling company, or the reciprocal insurer the circuit court
  981  for the county in which the principal office of the attorney in
  982  fact is located may, without limiting the generality of its
  983  authority, order the issuance or entry of an injunction or other
  984  order to enforce this section. There shall be a private right of
  985  action in favor of the attorney in fact, or controlling company,
  986  to enforce this section. A demand upon the office that it
  987  performs its functions may not be required as a prerequisite to
  988  any suit by the attorney in fact or controlling company against
  989  any other person, and in no case shall the office be deemed a
  990  necessary party to any action by the attorney in fact or
  991  controlling company to enforce this section. Any person who
  992  makes or proposes an acquisition requiring the filing of an
  993  application pursuant to this section, or who files such an
  994  application, shall be deemed to have thereby designated the
  995  Chief Financial Officer, or his or her assistant or deputy or
  996  another person in charge of his or her office, as such person’s
  997  agent for service of process under this section and shall
  998  thereby be deemed to have submitted himself or herself to the
  999  administrative jurisdiction of the office and to the
 1000  jurisdiction of the circuit court.
 1001         (10) Any approval by the office under this section does not
 1002  constitute a recommendation by the office of the tender offer or
 1003  exchange offer, or acquisition, if no tender offer or exchange
 1004  offer is involved. It is unlawful for a person to represent that
 1005  the office’s approval constitutes a recommendation. A person who
 1006  violates this subsection commits a felony of the third degree,
 1007  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1008  The statute of limitations period for the prosecution of an
 1009  offense committed under this subsection is 5 years.
 1010         (11) A person may rebut a presumption of control by filing
 1011  a disclaimer of control with the office on a form prescribed by
 1012  the commission. The disclaimer must fully disclose all material
 1013  relationships and bases for affiliation between the person and
 1014  the attorney in fact as well as the basis for disclaiming the
 1015  affiliation. In lieu of such form, a person or acquiring party
 1016  may file with the office a copy of a Schedule 13G filed with the
 1017  Securities and Exchange Commission pursuant to Rule 13d-1(b) or
 1018  (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act
 1019  of 1934, as amended. After a disclaimer has been filed, the
 1020  attorney in fact is relieved of any duty to register or report
 1021  under this section which may arise out of the attorney in fact’s
 1022  relationship with the person unless the office disallows the
 1023  disclaimer.
 1024         (12) If the office determines that any person or any
 1025  affiliated person of such person has acquired 10 percent or more
 1026  of the outstanding voting securities of an attorney in fact or
 1027  controlling company which is a stock corporation, or 10 percent
 1028  or more of the ownership interest of an attorney in fact or
 1029  controlling company which is not a stock corporation, without
 1030  complying with this section, the office may order that the
 1031  person and any affiliated person of such person cease
 1032  acquisition of the attorney in fact or controlling company and,
 1033  if appropriate, divest itself of any stock or ownership interest
 1034  acquired in violation of this section.
 1035         (13)(a)The office shall, if necessary to protect the
 1036  public interest, suspend or revoke the certificate of authority
 1037  of the reciprocal insurer whose attorney in fact or controlling
 1038  company is acquired in violation of this section.
 1039         (b) If any reciprocal insurer is subject to suspension or
 1040  revocation pursuant to paragraph (a), any other reciprocal
 1041  insurer using the same attorney in fact shall also be subject to
 1042  suspension or revocation. In such case, the office may offer any
 1043  affected reciprocal insurer, through its subscriber
 1044  representatives, the ability to cure any suspension or
 1045  revocation by procuring another attorney in fact acceptable to
 1046  the office or taking any other action agreed to by the office.
 1047         Section 19. Section 629.227, Florida Statutes, is created
 1048  to read:
 1049         629.227Background information.—The information as to the
 1050  background and identity of each person about whom information is
 1051  required to be furnished pursuant to s. 629.081 or s. 629.225
 1052  must include, but need not be limited to:
 1053         (1)A sworn biographical statement on forms adopted by the
 1054  commission that shall include, but not be limited to, the
 1055  following information:
 1056         (a)Occupations, positions of employment, and offices held
 1057  during the past 20 years, including the principal business and
 1058  address of any business, corporation, or organization where each
 1059  occupation, position of employment, or office occurred.
 1060         (b)Whether the person was, at any time during such 10-year
 1061  period, convicted of any crime other than a traffic violation.
 1062         (c)Whether the person has been, during such 10-year
 1063  period, the subject of any proceeding for the revocation of any
 1064  license and, if so, the nature of the proceeding and the
 1065  disposition of the proceeding.
 1066         (d)Whether, during such 10-year period, the person has
 1067  been the subject of any proceeding under the federal Bankruptcy
 1068  Act.
 1069         (e)Whether, during such 10-year period, any person or
 1070  other business or organization in which the person was a
 1071  director, officer, trustee, partner, owner, manager, or other
 1072  official has been subject of any proceeding under the federal
 1073  Bankruptcy Act, either during the time of that person’s tenure
 1074  with the business or organization or within 12 months
 1075  thereafter.
 1076         (f)Whether, during such 10-year period, the person has
 1077  been enjoined, temporarily or permanently, by a court of
 1078  competent jurisdiction from violating any federal or state law
 1079  regulating the business of insurance, securities, or banking, or
 1080  from carrying out any particular practice or practices in the
 1081  course of the business of insurance, securities, or banking,
 1082  together with details as to any such event.
 1083         (g)Whether, during such 20-year period, the person served
 1084  as the attorney in fact, a subscribers advisory committee
 1085  member, or any other manager or officer of a reciprocal insurer
 1086  or an insurer that became insolvent or had its certificate of
 1087  authority suspended or revoked.
 1088         (2)Fingerprints of each person.
 1089         (3)Authority for release of information in regard to the
 1090  investigation of such person’s background.
 1091         (4)Any additional information as the office deems
 1092  necessary to determine the character, experience, ability, and
 1093  other qualifications of the person or affiliated person of such
 1094  person for the protection of the reciprocal insurer’s
 1095  subscribers and of the public.
 1096         Section 20. Section 629.229, Florida Statutes, is created
 1097  to read:
 1098         629.229Attorney in fact, officers, and directors of
 1099  insolvent reciprocal insurers or other insurers.—Any person who
 1100  served as an attorney in fact, or as an officer, director, or
 1101  manager of an attorney in fact, any member of a subscribers
 1102  advisory committee of a reciprocal insurer doing business in
 1103  this state, or an officer or director of any other insurer doing
 1104  business in this state, and who served in that capacity within
 1105  the 2-year period before the date the insurer or reciprocal
 1106  insurer became insolvent, for any insolvency that occurs on or
 1107  after July 1, 2024, may not thereafter:
 1108         (1)Serve as an attorney in fact, or as an officer,
 1109  director, or manager of an attorney in fact, or a member of a
 1110  subscribers advisory committee of a reciprocal insurer doing
 1111  business in this state, or an officer or director of any other
 1112  insurer doing business in this state; or
 1113         (2)Have direct or indirect control over the selection or
 1114  appointment of an attorney in fact, or of an officer, director,
 1115  or manager of an attorney in fact, or a member of the
 1116  subscribers committee of a reciprocal insurer doing business in
 1117  this state, or an officer or director of any insurer doing
 1118  business in this state, through contract, trust, or by operation
 1119  of law,
 1120  
 1121  unless the individual demonstrates that his or her personal
 1122  actions or omissions were not a significant contributing cause
 1123  to the insolvency.
 1124         Section 21. Section 629.261, Florida Statutes, is amended
 1125  to read:
 1126         629.261 Nonassessable policies.—Upon impairment of the
 1127  surplus of a nonassessable reciprocal insurer, the office shall
 1128  revoke the authorization issued under s. 629.291(5) or s.
 1129  629.091(3).
 1130         (1) If a reciprocal insurer has a surplus as to
 1131  policyholders required of a domestic stock insurer authorized to
 1132  transact like kinds of insurance, upon application of the
 1133  attorney and as approved by the subscribers’ advisory committee
 1134  the office shall issue its certificate authorizing the insurer
 1135  to extinguish the contingent liability of subscribers under its
 1136  policies then in force in this state and to omit provisions
 1137  imposing contingent liability in all policies delivered or
 1138  issued for delivery in this state for so long as all such
 1139  surplus remains unimpaired.
 1140         (2) Upon impairment of such surplus, the office shall
 1141  forthwith revoke the certificate. Such revocation does shall not
 1142  render subject to contingent liability any policy then in force
 1143  and for the remainder of the period for which the premium has
 1144  theretofore been paid; but, after such revocation, no policy
 1145  shall be issued or renewed without providing for contingent
 1146  assessment liability of the subscriber.
 1147         (3) The office shall not authorize a domestic reciprocal
 1148  insurer so to extinguish the contingent liability of any of its
 1149  subscribers or in any of its policies to be issued, unless it
 1150  qualifies to and does extinguish such liability of all its
 1151  subscribers and in all such policies for all kinds of insurance
 1152  transacted by it; except that, if required by the laws of
 1153  another state in which the insurer is transacting insurance as
 1154  an authorized insurer, the insurer may issue policies providing
 1155  for the contingent liability of such of its subscribers as may
 1156  acquire such policies in such state, and need not extinguish the
 1157  contingent liability applicable to policies theretofore in force
 1158  in such state.
 1159         Section 22. Section 629.291, Florida Statutes, is amended
 1160  to read:
 1161         629.291 Merger or conversion.—
 1162         (1) A domestic reciprocal insurer, upon affirmative vote of
 1163  not less than two-thirds of its subscribers who vote on such
 1164  merger pursuant to due notice, and subject to the approval by of
 1165  the office of the terms therefor, may merge with another
 1166  reciprocal insurer or be converted to a stock or mutual insurer,
 1167  to be thereafter governed by the applicable sections of the
 1168  insurance code. However, a domestic stock insurer may not
 1169  convert to a reciprocal insurer.
 1170         (2) A plan to merge a reciprocal insurer with another
 1171  reciprocal insurer or for conversion of the reciprocal insurer
 1172  to a stock or mutual insurer shall be filed on forms adopted by
 1173  the office and contain such information as the office reasonably
 1174  requires to evaluate the transaction Such a stock or mutual
 1175  insurer shall be subject to the same capital or surplus
 1176  requirements and shall have the same rights as a like domestic
 1177  insurer transacting like kinds of insurance.
 1178         (3) The office may shall not approve any plan for such
 1179  merger or conversion which is inequitable to subscribers or
 1180  which, if for conversion to a stock insurer, does not give each
 1181  subscriber preferential right to acquire stock of the proposed
 1182  insurer proportionate to his or her interest in the reciprocal
 1183  insurer, as determined in accordance with s. 629.281, and a
 1184  reasonable length of time within which to exercise such right.
 1185         (4) Reinsurance of all or substantially all of the
 1186  insurance in force of a domestic reciprocal insurer in another
 1187  insurer shall be deemed to be a merger for the purposes of this
 1188  section.
 1189         (5)(a)An assessable reciprocal insurer may convert to a
 1190  nonassessable reciprocal insurer if:
 1191         1.The subscribers advisory committee approves the
 1192  conversion;
 1193         2.The attorney in fact submits the application for
 1194  conversion on the required application form; and
 1195         3.The office finds that the application for conversion
 1196  meets the minimum statutory requirements.
 1197         (b)If the office approves the application for conversion,
 1198  the assessable reciprocal insurer may convert to a nonassessable
 1199  reciprocal insurer by:
 1200         1.Extinguishing the contingent liability of subscribers
 1201  under all policies then in force in this state;
 1202         2.Omitting contingent liability provisions in all policies
 1203  delivered or issued in this state after the conversion; and
 1204         3.Otherwise extinguishing the contingent liability of all
 1205  of its subscribers. However, if the reciprocal insurer is
 1206  transacting insurance as an authorized insurer in another state
 1207  and that state’s laws require the insurer to issue policies with
 1208  contingent liability provisions, the insurer may issue
 1209  contingent liability policies in that other state.
 1210         (c)If the surplus of the reciprocal insurer becomes
 1211  impaired, the insurer may no longer issue nonassessable policies
 1212  or convert assessable policies to nonassessable policies, and
 1213  the provisions of s. 629.301 shall apply.
 1214         Section 23. Section 629.525, Florida Statutes, is created
 1215  to read:
 1216         629.525Rulemaking authority.—The commission shall adopt,
 1217  amend, or repeal rules necessary to implement this chapter.
 1218         Section 24. Paragraph (h) of subsection (3) of section
 1219  163.01, Florida Statutes, is amended to read:
 1220         163.01 Florida Interlocal Cooperation Act of 1969.—
 1221         (3) As used in this section:
 1222         (h) “Local government liability pool” means a reciprocal
 1223  insurer as defined in s. 629.011 s. 629.021 or any self
 1224  insurance program created pursuant to s. 768.28(16), formed and
 1225  controlled by counties or municipalities of this state to
 1226  provide liability insurance coverage for counties,
 1227  municipalities, or other public agencies of this state, which
 1228  pool may contract with other parties for the purpose of
 1229  providing claims administration, processing, accounting, and
 1230  other administrative facilities.
 1231         Section 25. Subsection (3) of section 626.9531, Florida
 1232  Statutes, is amended to read:
 1233         626.9531 Identification of insurers, agents, and insurance
 1234  contracts.—
 1235         (3) For the purposes of this section, the term “risk
 1236  bearing entity” means a reciprocal insurer as defined in s.
 1237  629.011 s. 629.021, a commercial self-insurance fund as defined
 1238  in s. 624.462, a group self-insurance fund as defined in s.
 1239  624.4621, a local government self-insurance fund as defined in
 1240  s. 624.4622, a self-insured public utility as defined in s.
 1241  624.46225, or an independent educational institution self
 1242  insurance fund as defined in s. 624.4623. For the purposes of
 1243  this section, the term “risk bearing entity” does not include an
 1244  authorized insurer as defined in s. 624.09.
 1245         Section 26. This act shall take effect July 1, 2024.