Pandemic Darlings The pandemic economy, in original documents
Home Source documents Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 1503 (2024)

Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 1503 (2024)

Summary

Committee/subcommittee amendment, Amendment No. 1, offered by Representative Esposito at the Commerce Committee hearing on PCS for CS/HB 1503 (2024). The inserted text defines quota share primary insurance as an arrangement in which hurricane coverage of an eligible risk is provided in specified percentages by the corporation and an authorized insurer. It allows quota share agreements at corporation coverage levels of 90 percent and 50 percent, subject to review and approval by the office, and states that entering into one is voluntary for the authorized insurer. It also covers the corporation's board of governors, a Market Accountability Advisory Committee and eligibility of risks for coverage.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 1503 (2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bill-amendments-fn-pcs-35e8748e0a/, SHA-256 b3dcffd40c5d34059d216edea6b7a3c2a0a400163d5ad6e8c76b95a7cf977d6d.

Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1503   (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment
 5          Remove lines 1353-1733 and insert:
 6          (A)     That has a financial strength rating of "A-" or higher
 7     from A.M. Best Company;
 8          (B)     That has a personal lines residential risk program
 9     that is managed by a Florida resident surplus lines broker; and
10          (C)     That offers coverage to applicants for new coverage
11     from the corporation or current policyholders of the corporation
12     through a take-out plan approved by the office.
13          (III)    "Primary residence" means the dwelling that is the
14     policyholder's primary home or is a rental property that is the
15     primary home of the tenant, and which the policyholder or tenant
16     occupies for more than 9 months of each year.
     PCS for CSHB 1503 a1
      Published On: 2/21/2024 9:23:41 PM
                                    Page 1 of 16
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/HB 1503     (2024)
       Amendment No. 1


17          (IV)(I)   "Quota share primary insurance" means an
18     arrangement in which the primary hurricane coverage of an
19     eligible risk is provided in specified percentages by the
20     corporation and an authorized insurer. The corporation and
21     authorized insurer are each solely responsible for a specified
22     percentage of hurricane coverage of an eligible risk as set
23     forth in a quota share primary insurance agreement between the
24     corporation and an authorized insurer and the insurance
25     contract. The responsibility of the corporation or authorized
26     insurer to pay its specified percentage of hurricane losses of
27     an eligible risk, as set forth in the agreement, may not be
28     altered by the inability of the other party to pay its specified
29     percentage of losses. Eligible risks that are provided hurricane
30     coverage through a quota share primary insurance arrangement
31     must be provided policy forms that set forth the obligations of
32     the corporation and authorized insurer under the arrangement,
33     clearly specify the percentages of quota share primary insurance
34     provided by the corporation and authorized insurer, and
35     conspicuously and clearly state that the authorized insurer and
36     the corporation may not be held responsible beyond their
37     specified percentage of coverage of hurricane losses.
38          (II) "Eligible risks" means personal lines residential and
39     commercial lines residential risks that meet the underwriting
40     criteria of the corporation and are located in areas that were


     PCS for CSHB 1503 a1
      Published On: 2/21/2024 9:23:41 PM
                                  Page 2 of 16
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1503    (2024)
       Amendment No. 1


41     eligible for coverage by the Florida Windstorm Underwriting
42     Association on January 1, 2002.
43          b.   The corporation may enter into quota share primary
44     insurance agreements with authorized insurers at corporation
45     coverage levels of 90 percent and 50 percent.
46          c.   If the corporation determines that additional coverage
47     levels are necessary to maximize participation in quota share
48     primary insurance agreements by authorized insurers, the
49     corporation may establish additional coverage levels. However,
50     the corporation's quota share primary insurance coverage level
51     may not exceed 90 percent.
52          d.   Any quota share primary insurance agreement entered
53     into between an authorized insurer and the corporation must
54     provide for a uniform specified percentage of coverage of
55     hurricane losses, by county or territory as set forth by the
56     corporation board, for all eligible risks of the authorized
57     insurer covered under the agreement.
58          e.   Any quota share primary insurance agreement entered
59     into between an authorized insurer and the corporation is
60     subject to review and approval by the office. However, such
61     agreement shall be authorized only as to insurance contracts
62     entered into between an authorized insurer and an insured who is
63     already insured by the corporation for wind coverage.
64          f.   For all eligible risks covered under quota share
65     primary insurance agreements, the exposure and coverage levels
     PCS for CSHB 1503 a1
      Published On: 2/21/2024 9:23:41 PM
                                    Page 3 of 16
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1503    (2024)
       Amendment No. 1


66     for both the corporation and authorized insurers shall be
67     reported by the corporation to the Florida Hurricane Catastrophe
68     Fund. For all policies of eligible risks covered under such
69     agreements, the corporation and the authorized insurer must
70     maintain complete and accurate records for the purpose of
71     exposure and loss reimbursement audits as required by fund
72     rules. The corporation and the authorized insurer shall each
73     maintain duplicate copies of policy declaration pages and
74     supporting claims documents.
75          g.   The corporation board shall establish in its plan of
76     operation standards for quota share agreements which ensure that
77     there is no discriminatory application among insurers as to the
78     terms of the agreements, pricing of the agreements, incentive
79     provisions if any, and consideration paid for servicing policies
80     or adjusting claims.
81          h.   The quota share primary insurance agreement between the
82     corporation and an authorized insurer must set forth the
83     specific terms under which coverage is provided, including, but
84     not limited to, the sale and servicing of policies issued under
85     the agreement by the insurance agent of the authorized insurer
86     producing the business, the reporting of information concerning
87     eligible risks, the payment of premium to the corporation, and
88     arrangements for the adjustment and payment of hurricane claims
89     incurred on eligible risks by the claims adjuster and personnel
90     of the authorized insurer. Entering into a quota sharing
     PCS for CSHB 1503 a1
      Published On: 2/21/2024 9:23:41 PM
                                  Page 4 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1503    (2024)
        Amendment No. 1


 91     insurance agreement between the corporation and an authorized
 92     insurer is voluntary and at the discretion of the authorized
 93     insurer.
 94          3.    May provide that the corporation may employ or
 95     otherwise contract with individuals or other entities to provide
 96     administrative or professional services that may be appropriate
 97     to effectuate the plan. The corporation may borrow funds by
 98     issuing bonds or by incurring other indebtedness, and shall have
 99     other powers reasonably necessary to effectuate the requirements
100     of this subsection, including, without limitation, the power to
101     issue bonds and incur other indebtedness in order to refinance
102     outstanding bonds or other indebtedness. The corporation may
103     seek judicial validation of its bonds or other indebtedness
104     under chapter 75. The corporation may issue bonds or incur other
105     indebtedness, or have bonds issued on its behalf by a unit of
106     local government pursuant to subparagraph (q)2. in the absence
107     of a hurricane or other weather-related event, upon a
108     determination by the corporation, subject to approval by the
109     office, that such action would enable it to efficiently meet the
110     financial obligations of the corporation and that s uch
111     financings are reasonably necessary to effectuate the
112     requirements of this subsection. The corporation may take all
113     actions needed to facilitate tax-free status for such bonds or
114     indebtedness, including formation of trusts or other affiliated
115     entities. The corporation may pledge assessments, projected
      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                    Page 5 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1503    (2024)
        Amendment No. 1


116     recoveries from the Florida Hurricane Catastrophe Fund, other
117     reinsurance recoverables, policyholder surcharges and other
118     surcharges, and other funds available to the corporation as
119     security for bonds or other indebtedness. In recognition of s.
120     10, Art. I of the State Constitution, prohibiting the impairment
121     of obligations of contracts, it is the intent of the Legislature
122     that no action be taken whose purpose is to impair any bond
123     indenture or financing agreement or any revenue source committed
124     by contract to such bond or other indebtedness.
125          4.   Must require that the corporation operate subject to
126     the supervision and approval of a board of governors consisting
127     of nine individuals who are residents of this state and who are
128     from different geographical areas of the state, one of whom is
129     appointed by the Governor and serves solely to advocate on
130     behalf of the consumer. The appointment of a consumer
131     representative by the Governor is deemed to be within the scope
132     of the exemption provided in s. 112.313(7)(b) and is in addition
133     to the appointments authorized under sub-subparagraph a.
134          a.   The Governor, the Chief Financial Officer, the
135     President of the Senate, and the Speaker of the House of
136     Representatives shall each appoint two members of the board. At
137     least one of the two members appointed by each appointing
138     officer must have demonstrated expertise in insurance and be
139     deemed to be within the scope of the exemption provided in s.
140     112.313(7)(b). The Chief Financial Officer shall designate one
      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                   Page 6 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 1503   (2024)
        Amendment No. 1


141     of the appointees as chair. All board members serve at the
142     pleasure of the appointing officer. All members of the board are
143     subject to removal at will by the officers who appointed them.
144     All board members, including the chair, must be appointed to
145     serve for 3-year terms beginning annually on a date designated
146     by the plan. However, for the first term beginning on or after
147     July 1, 2009, each appointing officer shall appoint one member
148     of the board for a 2-year term and one member for a 3-year term.
149     A board vacancy shall be filled for the unexpired term by the
150     appointing officer. The Chief Financial Officer shall appoint a
151     technical advisory group to provide information and advice to
152     the board in connection with the board's duties under this
153     subsection. The executive director and senior managers of the
154     corporation shall be engaged by the board and serve at the
155     pleasure of the board. Any executive director appointed on or
156     after July 1, 2006, is subject to confirmation by the Senate.
157     The executive director is responsible for employing other staff
158     as the corporation may require, subject to review and
159     concurrence by the board.
160          b.     The board shall create a Market Accountability Advisory
161     Committee to assist the corporation in developing awa reness of
162     its rates and its customer and agent service levels in
163     relationship to the voluntary market insurers writing similar
164     coverage.


      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                     Page 7 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 1503   (2024)
        Amendment No. 1


165          (I)     The members of the advisory committee consist of the
166     following 11 persons, one of whom must be elected chair by t he
167     members of the committee: four representatives, one appointed by
168     the Florida Association of Insurance Agents, one by the Florida
169     Association of Insurance and Financial Advisors, one by the
170     Professional Insurance Agents of Florida, and one by the Latin
171     American Association of Insurance Agencies; three
172     representatives appointed by the insurers with the three highest
173     voluntary market share of residential property insurance
174     business in the state; one representative from the Office of
175     Insurance Regulation; one consumer appointed by the board who is
176     insured by the corporation at the time of appointment to the
177     committee; one representative appointed by the Florida
178     Association of Realtors; and one representative appointed by the
179     Florida Bankers Association. All members shall be appointed to
180     3-year terms and may serve for consecutive terms.
181          (II)    The committee shall report to the corporation at each
182     board meeting on insurance market issues which may include rates
183     and rate competition with the voluntary market; ser vice,
184     including policy issuance, claims processing, and general
185     responsiveness to policyholders, applicants, and agents; and
186     matters relating to depopulation.
187          5.     Must provide a procedure for determining the
188     eligibility of a risk for coverage, as follows:


      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                     Page 8 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1503     (2024)
        Amendment No. 1


189          a.   Subject to s. 627.3517, with respect to personal lines
190     residential risks that are primary residences, if the risk is
191     offered coverage from an authorized insurer at the insurer's
192     approved rate under a standard policy including wind coverage
193     or, if consistent with the insurer's underwriting rules as filed
194     with the office, a basic policy including wind coverage, for a
195     new application to the corporation for coverage, the risk is not
196     eligible for any policy issued by the corporation unless the
197     premium for coverage from the authorized insurer is more than 20
198     percent greater than the premium for comparable coverage from
199     the corporation. Whenever an offer of coverage for a personal
200     lines residential risk that is a primary residence is received
201     for a policyholder of the corporation at renewal from an
202     authorized insurer, if the offer is equal to or less than the
203     corporation's renewal premium for comparable coverage, the risk
204     is not eligible for coverage with the corporation for policies
205     that renew before April 1, 2023; for policies that renew on or
206     after that date, the risk is not eligible for coverage with the
207     corporation unless the premium for coverage from the authorized
208     insurer is more than 20 percent greater than the corporation's
209     renewal premium for comparable coverage. If the risk is not able
210     to obtain such offer, the risk is eligible for a standard policy
211     including wind coverage or a basic policy including wind
212     coverage issued by the corporation; however, if the risk could
213     not be insured under a standard policy including wind coverage
      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                   Page 9 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1503     (2024)
        Amendment No. 1


214     regardless of market conditions, the risk is eligible for a
215     basic policy including wind coverage unless rejected under
216     subparagraph 8. The corporation shall determine the type of
217     policy to be provided on the basis of objective standards
218     specified in the underwriting manual and based on generally
219     accepted underwriting practices. A policyholder removed from the
220     corporation through an assumption agreement does not remain
221     eligible for coverage from the corporation after the end of t he
222     policy term. However, any policy removed from the corporation
223     through an assumption agreement remains on the corporation's
224     policy forms through the end of the policy term. This sub-
225     subparagraph applies only to risks that are primary residences.
226          (I)   If the risk accepts an offer of coverage through the
227     market assistance plan or through a mechanism established by the
228     corporation other than a plan established by s. 627.3518, before
229     a policy is issued to the risk by the corporation or during the
230     first 30 days of coverage by the corporation, and the producing
231     agent who submitted the application to the plan or to the
232     corporation is not currently appointed by the insurer, the
233     insurer shall:
234          (A)   Pay to the producing agent of record of the policy for
235     the first year, an amount that is the greater of the insurer's
236     usual and customary commission for the type of policy written or
237     a fee equal to the usual and customary commission of the
238     corporation; or
      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                  Page 10 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1503    (2024)
        Amendment No. 1


239          (B)    Offer to allow the producing agent of record of the
240     policy to continue servicing the policy for at least 1 year and
241     offer to pay the agent the greater of the insurer's or the
242     corporation's usual and customary commission for the type of
243     policy written.
244
245     If the producing agent is unwilling or unable to accept
246     appointment, the new insurer shall pay the agent in accordance
247     with sub-sub-sub-subparagraph (A).
248          (II)   If the corporation enters into a contractual
249     agreement for a take-out plan, the producing agent of record of
250     the corporation policy is entitled to retain any unearned
251     commission on the policy, and the insurer shall:
252          (A)    Pay to the producing agent of record, for the first
253     year, an amount that is the greater of the insurer's usual and
254     customary commission for the type of policy written or a fee
255     equal to the usual and customary commission of the corporation;
256     or
257          (B)    Offer to allow the producing agent of record to
258     continue servicing the policy for at least 1 year and offer to
259     pay the agent the greater of the insurer's or the corporation's
260     usual and customary commission for the type of policy written.
261




      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                   Page 11 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1503     (2024)
        Amendment No. 1


262     If the producing agent is unwilling or unable to accept
263     appointment, the new insurer shall pay the agent in accordance
264     with sub-sub-sub-subparagraph (A).
265          b.   With respect to commercial lines residential risks, for
266     a new application to the corporation for coverage, if the risk
267     is offered coverage under a policy including wind coverage from
268     an authorized insurer at its approved rate, the risk is not
269     eligible for a policy issued by the corporation unless the
270     premium for coverage from the authorized insurer is more than 20
271     percent greater than the premium for comparable coverage from
272     the corporation. Whenever an offer of coverage for a commercial
273     lines residential risk is received for a policyholder of the
274     corporation at renewal from an authorized insurer, the risk is
275     not eligible for coverage with the corporation unless the
276     premium for coverage from the authorized insurer is more than 20
277     percent greater than the corporation's renewal premium for
278     comparable coverage. If the risk is not able to obtain any such
279     offer, the risk is eligible for a policy including wind coverage
280     issued by the corporation. A policyholder removed from the
281     corporation through an assumption agreement remains eligible for
282     coverage from the corporation until the end of the policy term.
283     However, any policy removed from the corporation through an
284     assumption agreement remains on the corporation's policy forms
285     through the end of the policy term.


      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                  Page 12 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1503    (2024)
        Amendment No. 1


286          (I)    If the risk accepts an offer of coverage through the
287     market assistance plan or through a mechanism established by the
288     corporation other than a plan established by s. 627.3518, before
289     a policy is issued to the risk by the corporation or during the
290     first 30 days of coverage by the corporation, and the producing
291     agent who submitted the application to the plan or the
292     corporation is not currently appointed by the insurer, the
293     insurer shall:
294          (A)    Pay to the producing agent of record of the policy,
295     for the first year, an amount that is the greater of the
296     insurer's usual and customary commission for the type of policy
297     written or a fee equal to the usual and customary commission of
298     the corporation; or
299          (B)    Offer to allow the producing agent of record of the
300     policy to continue servicing the policy for at least 1 year and
301     offer to pay the agent the greater of the insurer's or the
302     corporation's usual and customary commission for the type of
303     policy written.
304
305     If the producing agent is unwilling or unable to accept
306     appointment, the new insurer shall pay the agent in accordance
307     with sub-sub-sub-subparagraph (A).
308          (II)   If the corporation enters into a contractual
309     agreement for a take-out plan, the producing agent of record of


      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                   Page 13 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1503    (2024)
        Amendment No. 1


310     the corporation policy is entitled to retain any unearned
311     commission on the policy, and the insurer shall:
312          (A)    Pay to the producing agent of record, for the first
313     year, an amount that is the greater of the insurer's usual and
314     customary commission for the type of policy written or a fee
315     equal to the usual and customary commission of the corporation;
316     or
317          (B)    Offer to allow the producing agent of record to
318     continue servicing the policy for at least 1 year and offer to
319     pay the agent the greater of the insurer's or the corporation's
320     usual and customary commission for the type of policy written.
321
322     If the producing agent is unwilling or unable to accept
323     appointment, the new insurer shall pay the agent in accordance
324     with sub-sub-sub-subparagraph (A).
325          c.    For purposes of determining comparable coverage under
326     sub-subparagraphs a. and b., the comparison must be based on
327     those forms and coverages that are reasonably comparable. The
328     corporation may rely on a determination of comparable coverage
329     and premium made by the producing agent who submits the
330     application to the corporation, made in the agent's capa city as
331     the corporation's agent. For purposes of comparing the premium
332     for comparable coverage under sub-subparagraphs a. and b.,
333     premium includes any surcharge or assessment that is actually
334     applied to such policy. A comparison may be made solely of the
      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                   Page 14 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1503     (2024)
        Amendment No. 1


335     premium with respect to the main building or structure only on
336     the following basis: the same Coverage A or other building
337     limits; the same percentage hurricane deductible that applies on
338     an annual basis or that applies to each hurricane for commercial
339     residential property; the same percentage of ordinance and law
340     coverage, if the same limit is offered by both the corporation
341     and the authorized insurer; the same mitigation credits, to the
342     extent the same types of credits are offered both by the
343     corporation and the authorized insurer; the same method for loss
344     payment, such as replacement cost or actual cash value, if the
345     same method is offered both by the corporation and the
346     authorized insurer in accordance with underwriting rules; and
347     any other form or coverage that is reasonably comparable as
348     determined by the board. If an application is submitted to the
349     corporation for wind-only coverage on a risk that is located in
350     an area eligible for coverage by the Florida Windstorm
351     Underwriting Association, as that area was defined on January 1,
352     2002, the premium for the corporation's wind-only policy plus
353     the premium for the ex-wind policy that is offered by an
354     authorized insurer to the applicant must be compared to the
355     premium for multiperil coverage offered by an autho rized
356     insurer, subject to the standards for comparison specified in
357     this subparagraph. If the corporation or the applicant requests
358     from the authorized insurer a breakdown of the premium of the
359     offer by types of coverage so that a comparison may be made by
      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                  Page 15 of 16
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1503     (2024)
        Amendment No. 1


360     the corporation or its agent and the authorized insurer refuses
361     or is unable to provide such information, the corporation may
362     treat the offer as not being an offer of coverage from an
363     authorized insurer at the insurer's approved rate. However,
364     notwithstanding any other provision of law, this sub-
365     subparagraph does not apply to a policy that does not cover a
366     primary residence.
367          d.   If the risk could not be insured under a standard




      PCS for CSHB 1503 a1
       Published On: 2/21/2024 9:23:41 PM
                                  Page 16 of 16


File and source

File
2024_3220_commerce-committee_proposed-committee-bill-amendments_fn-pcs-for-cshb-1503-a1.pdf
Size
160,900 bytes
SHA-256
b3dcffd40c5d34059d216edea6b7a3c2a0a400163d5ad6e8c76b95a7cf977d6d
Our copy
2024_3220_commerce-committee_proposed-committee-bill-amendments_fn-pcs-for-cshb-1503-a1.pdf
Original
No public link identified.
Back to top