Florida 2024 Regular Session Status: Enacted 4 R cosponsors

HB 1503 — Citizens Property Insurance Corporation

Last action — Chapter No. 2024-179

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 08, 2024. Enacted.

Signed by Governor Ron DeSantis (Republican) on May 10, 2024.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    3 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Citizens Property Insurance Corporation; Revises circumstances under which certain insurers' association shall levy market equalization surcharges on policyholders; provides that certain accounts for Citizens Property Insurance Corporation revenues, assets, liability, losses, & expenses are now maintained as Citizens account; revises requirements for certain coverages by corporation; requires inclusion of quota share primary insurance in certain policies; specifies that certain provisions apply to personal lines residential risks that are primary residences and to personal lines residential risks that are not primary residences; provides that comparisons of comparable coverages under certain personal lines residential risks & commercial lines residential risks do not apply to policies that do not cover primary residences; provides that certain risks that could not be insured under standard policies are eligible for certain basic policies; revises corporation's plan of operation.

Bill Text

What changed in the latest version

3858 added · 3876 removed

Plain-language change summary

The updated version of the bill HB 1503 includes new provisions that define when insurance companies must compensate producing agents if they are unable to take appointments due to licensing issues. It also clarifies that certain commercial lines of residential risks are not eligible for coverage by the insurance corporation under specific conditions. These changes are important because they aim to improve the accountability of insurers and streamline the process for handling residential insurance coverage, ultimately helping to protect homeowners better.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 A bill to be entitled An act relating to Citizens Property Insurance Corporation;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 A bill to be entitled An act relating to Citizens Property Insurance Corporation;
specifying that certain provisions apply Page 1of 140 CODING:
providing nonapplicability of certain Page 1of 139 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 to personal lines residential risks that are primary residences;
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 provisions relating to personal lines residential risks coverage by the corporation;
requiring insurers to pay, under certain circumstances, producing agents a certain amount or fee if the agents are unable to accept appointment due to failure to be licensed as surplus lines agents;
providing nonapplicability of certain payment requirement;
revising eligibility for commercial lines residential risks coverage by the corporation;
providing that commercial lines residential risks are not eligible for coverage by the corporation under certain circumstances;
providing that certain risks that could not be insured under standard policies are eligible for certain basic policies;
authorizing policies that are removed from the corporation through assumption agreements to remain on the corporation's policy forms through the end of policy terms;
providing duties of the insurers relating to producing agents of record under certain circumstances;
authorizing insurers' assessable insureds to be relieved from assessments under certain circumstances;
requiring new insurers to pay, under certain circumstances, producing agents a certain amount or fee if the agents are unable to accept appointment due to failure to be licensed as surplus lines agents;
removing provisions relating to certain insurer assessment deferments;
Page 2of 139 CODING:
removing provisions relating to the intangibles of and coverage by the Florida Windstorm Underwriting Association and the Page 2of 140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 corporation coastal account;
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 removing provisions relating to certain insurer assessment deferments;
removing provisions relating to the intangibles of and coverage by the Florida Windstorm Underwriting Association and the corporation coastal account;
providing nonapplicability of provisions relating to take-out offers that are part of applications to participate in depopulation;
creating new eligibility criteria for coverage by the corporation;
revising the flood coverage requirements for personal lines residential policyholders;
providing the corporation authority relating to patents, copyrights, and trademarks;
Section 1.
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Subsection (7) of section 627.351, Florida Statutes, is renumbered as subsection (8), paragraph (b) of subsection (2) and subsection (6) are amended, and a new subsection (7) is added to that section, to read:
627.351 Insurance risk apportionment plans.— (2) WINDSTORM INSURANCE RISK APPORTIONMENT.— (b) The department shall require all insurers holding a Page 3of 140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 certificate of authority to transact property insurance on a direct basis in this state, other than joint underwriting associations and other entities formed pursuant to this section, to provide windstorm coverage to applicants from areas determined to be eligible pursuant to paragraph (c) who in good faith are entitled to, but are unable to procure, such coverage through ordinary means;
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 Section 1.
Subsection (7) of section 627.351, Florida Statutes, is renumbered as subsection (8), paragraph (b) of subsection (2) and subsection (6) are amended, and a new subsection (7) is added to that section, to read:
627.351 Insurance risk apportionment plans.— (2) WINDSTORM INSURANCE RISK APPORTIONMENT.— (b) The department shall require all insurers holding a certificate of authority to transact property insurance on a direct basis in this state, other than joint underwriting associations and other entities formed pursuant to this section, to provide windstorm coverage to applicants from areas determined to be eligible pursuant to paragraph (c) who in good faith are entitled to, but are unable to procure, such coverage through ordinary means;
The department shall adopt rules that provide a formula for the recovery and repayment of any deferred assessments.
The Page 4of 139 CODING:
1.
For the purpose of this section, properties eligible for such windstorm coverage are defined as dwellings, buildings, and other structures, including mobile homes which are used as dwellings and which are tied down in compliance with mobile home tie-down requirements prescribed by the Department of Highway Page 4of 140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 Safety and Motor Vehicles pursuant to s.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 department shall adopt rules that provide a formula for the recovery and repayment of any deferred assessments.
1.
For the purpose of this section, properties eligible for such windstorm coverage are defined as dwellings, buildings, and other structures, including mobile homes which are used as dwellings and which are tied down in compliance with mobile home tie-down requirements prescribed by the Department of Highway Safety and Motor Vehicles pursuant to s.
For the purposes of this subsection, the term "net direct premiums" means direct written premiums for property insurance, reduced by premium for liability coverage and for the following if included in allied lines:
For the purposes of this subsection, the term "net direct premiums" means direct written premiums for property insurance, reduced by premium for Page 5of 139 CODING:
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words underlined are additions.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 liability coverage and for the following if included in allied lines:
A member's participation shall begin on the first day of the calendar year following the year in which it is issued a certificate of Page 5of 140 CODING:
A member's participation shall begin on the first day of the calendar year following the year in which it is issued a certificate of authority to transact property insurance in the state and shall terminate 1 year after the end of the calendar year during which it no longer holds a certificate of authority to transact property insurance in the state.
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 authority to transact property insurance in the state and shall terminate 1 year after the end of the calendar year during which it no longer holds a certificate of authority to transact property insurance in the state.
(IV) A company which is a member of a group of companies under common management may elect to have its credits applied on a group basis, and any company or group may elect to have its credits applied to any other company or group.
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(V) There shall be no credits or relief from apportionment to a company for emergency assessments collected from its policyholders under sub-sub-subparagraph d.(III).
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hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 (VI) The plan of operation may also provide for the award of credits, for a period not to exceed 3 years, from a regular assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub- subparagraph d.(II) as an incentive for taking policies out of the Residential Property and Casualty Joint Underwriting Association.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 (IV) A company which is a member of a group of companies under common management may elect to have its credits applied on a group basis, and any company or group may elect to have its credits applied to any other company or group.
(V) There shall be no credits or relief from apportionment to a company for emergency assessments collected from its policyholders under sub-sub-subparagraph d.(III).
(VI) The plan of operation may also provide for the award of credits, for a period not to exceed 3 years, from a regular assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub- subparagraph d.(II) as an incentive for taking policies out of the Residential Property and Casualty Joint Underwriting Association.
With the approval of the department, the association may waive these geographic criteria for a take-out plan that removes at least the lesser of 100,000 Residential Property and Casualty Joint Underwriting Association policies or 15 percent of the total number of Residential Property and Casualty Joint Underwriting Association policies, provided the governing board of the Residential Property and Casualty Joint Underwriting Association certifies that the take-out plan will materially reduce the Residential Property and Casualty Joint Underwriting Association's 100-year probable maximum loss from Page 7of 140 CODING:
With the approval of the department, the association may waive these geographic criteria for a take-out plan that removes at least the lesser of 100,000 Residential Page 7of 139 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 hurricanes.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 Property and Casualty Joint Underwriting Association policies or 15 percent of the total number of Residential Property and Casualty Joint Underwriting Association policies, provided the governing board of the Residential Property and Casualty Joint Underwriting Association certifies that the take-out plan will materially reduce the Residential Property and Casualty Joint Underwriting Association's 100-year probable maximum loss from hurricanes.
It is the intent of the Legislature that insurers remain fully responsible for paying regular assessments and collecting emergency assessments for any deficits of the association;
It is the intent of the Legislature that insurers remain fully responsible for paying regular assessments and collecting emergency assessments for any Page 8of 139 CODING:
however, it is also the intent of the Legislature to provide a means by which assessment liabilities may be amortized over a period of years.
d.(I) When the deficit incurred in a particular calendar year is 10 percent or less of the aggregate statewide direct written premium for property insurance for the prior calendar year for all member insurers, the association shall levy an Page 8of 140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 assessment on member insurers in an amount equal to the deficit.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 deficits of the association;
however, it is also the intent of the Legislature to provide a means by which assessment liabilities may be amortized over a period of years.
d.(I) When the deficit incurred in a particular calendar year is 10 percent or less of the aggregate statewide direct written premium for property insurance for the prior calendar year for all member insurers, the association shall levy an assessment on member insurers in an amount equal to the deficit.
(III) Upon a determination by the board of directors that a deficit exceeds the amount that will be recovered through regular assessments on member insurers, pursuant to sub-sub- subparagraph (I) or sub-sub-subparagraph (II), the board shall levy, after verification by the department, emergency assessments to be collected by member insurers and by underwriting associations created pursuant to this section which write property insurance, upon issuance or renewal of property insurance policies other than National Flood Insurance policies in the year or years following levy of the regular assessments.
(III) Upon a determination by the board of directors that a deficit exceeds the amount that will be recovered through regular assessments on member insurers, pursuant to sub-sub- subparagraph (I) or sub-sub-subparagraph (II), the board shall levy, after verification by the department, emergency assessments to be collected by member insurers and by underwriting associations created pursuant to this section which Page 9of 139 CODING:
The amount of the emergency assessment collected in a particular year shall be a uniform percentage of that year's direct written premium for property insurance for all member insurers and underwriting associations, excluding National Flood Insurance Page 9of 140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 policy premiums, as annually determined by the board and verified by the department.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 write property insurance, upon issuance or renewal of property insurance policies other than National Flood Insurance policies in the year or years following levy of the regular assessments.
The amount of the emergency assessment collected in a particular year shall be a uniform percentage of that year's direct written premium for property insurance for all member insurers and underwriting associations, excluding National Flood Insurance policy premiums, as annually determined by the board and verified by the department.
The aggregate amount of emergency assessments levied under this sub-sub-subparagraph in any calendar year may not exceed the greater of 10 percent of the amount needed to cover the original deficit, plus interest, fees, commissions, required reserves, and other costs associated with financing of the original deficit, or 10 percent of the aggregate statewide direct written premium for property insurance written by member insurers and underwriting associations for the prior year, plus interest, fees, commissions, required reserves, and other costs associated with financing the original deficit.
The aggregate amount of emergency assessments levied under this sub-sub-subparagraph in any calendar year may not exceed the greater of 10 percent of the amount needed to cover the original deficit, plus interest, fees, commissions, required reserves, and other costs associated with financing of the original deficit, or 10 percent of the aggregate statewide direct written premium for property insurance written by member Page 10 of139 CODING:
The board may pledge the proceeds of the emergency assessments under this sub- sub-subparagraph as the source of revenue for bonds, to retire any other debt incurred as a result of the deficit or events giving rise to the deficit, or in any other way that the board Page 10 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 determines will efficiently recover the deficit.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 insurers and underwriting associations for the prior year, plus interest, fees, commissions, required reserves, and other costs associated with financing the original deficit.
The board may pledge the proceeds of the emergency assessments under this sub- sub-subparagraph as the source of revenue for bonds, to retire any other debt incurred as a result of the deficit or events giving rise to the deficit, or in any other way that the board determines will efficiently recover the deficit.
(IV) Each member insurer's share of the total regular assessments under sub-sub-subparagraph (I) or sub-sub- subparagraph (II) shall be in the proportion that the insurer's net direct premium for property insurance in this state, for the year preceding the assessment bears to the aggregate statewide net direct premium for property insurance of all member insurers, as reduced by any credits for voluntary writings for that year.
(IV) Each member insurer's share of the total regular assessments under sub-sub-subparagraph (I) or sub-sub- subparagraph (II) shall be in the proportion that the insurer's net direct premium for property insurance in this state, for the year preceding the assessment bears to the aggregate statewide net direct premium for property insurance of all member Page 11 of139 CODING:
(V) If regular deficit assessments are made under sub-sub- subparagraph (I) or sub-sub-subparagraph (II), or by the Residential Property and Casualty Joint Underwriting Association under sub-subparagraph (6)(b)3.a., the association shall levy upon the association's policyholders, as part of its next rate Page 11 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 filing, or by a separate rate filing solely for this purpose, a market equalization surcharge in a percentage equal to the total amount of such regular assessments divided by the aggregate statewide direct written premium for property insurance for member insurers for the prior calendar year.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 insurers, as reduced by any credits for voluntary writings for that year.
(V) If regular deficit assessments are made under sub-sub- subparagraph (I) or sub-sub-subparagraph (II), or by the Residential Property and Casualty Joint Underwriting Association under sub-subparagraph (6)(b)3.a., the association shall levy upon the association's policyholders, as part of its next rate filing, or by a separate rate filing solely for this purpose, a market equalization surcharge in a percentage equal to the total amount of such regular assessments divided by the aggregate statewide direct written premium for property insurance for member insurers for the prior calendar year.
In order to avoid needless and indiscriminate proliferation, duplication, and fragmentation of such assistance programs, any unit of local government, any residents of which are insured by the association, may provide for the payment of losses, regardless of whether or not the losses occurred within or outside of the territorial jurisdiction of the local government.
In order to avoid needless and indiscriminate proliferation, duplication, and fragmentation of such assistance programs, any unit of local government, any residents of which are insured by the association, may provide for the payment of losses, regardless Page 12 of139 CODING:
Revenue bonds may not be issued until validated pursuant to chapter 75, unless a state of emergency is declared by executive order or proclamation of the Governor pursuant to s.
252.36 making such findings as are necessary to determine that it is in the best interests of, and necessary for, the protection of the public Page 12 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 health, safety, and general welfare of residents of this state and the protection and preservation of the economic stability of insurers operating in this state, and declaring it an essential public purpose to permit certain municipalities or counties to issue bonds as will provide relief to claimants and policyholders of the association and insurers responsible for apportionment of plan losses.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 of whether or not the losses occurred within or outside of the territorial jurisdiction of the local government.
Revenue bonds may not be issued until validated pursuant to chapter 75, unless a state of emergency is declared by executive order or proclamation of the Governor pursuant to s.
252.36 making such findings as are necessary to determine that it is in the best interests of, and necessary for, the protection of the public health, safety, and general welfare of residents of this state and the protection and preservation of the economic stability of insurers operating in this state, and declaring it an essential public purpose to permit certain municipalities or counties to issue bonds as will provide relief to claimants and policyholders of the association and insurers responsible for apportionment of plan losses.
If any of the bonds remain unsold 60 days after issuance, the department shall require all insurers subject to assessment to purchase the bonds, which shall be treated as admitted assets;
If any of the bonds remain unsold 60 days after issuance, the department shall require all Page 13 of139 CODING:
each insurer shall be required to purchase that percentage of the unsold portion of the bond issue that equals the insurer's relative share of assessment liability under this subsection.
An insurer shall not be required to purchase the bonds to the extent that the department determines that the purchase would endanger or impair Page 13 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 the solvency of the insurer.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 insurers subject to assessment to purchase the bonds, which shall be treated as admitted assets;
each insurer shall be required to purchase that percentage of the unsold portion of the bond issue that equals the insurer's relative share of assessment liability under this subsection.
An insurer shall not be required to purchase the bonds to the extent that the department determines that the purchase would endanger or impair the solvency of the insurer.
However, a limited apportionment company shall collect from its policyholders any emergency assessment imposed under sub-sub-subparagraph 2.d.(III).
However, a limited apportionment company shall collect from its policyholders any emergency assessment imposed Page 14 of139 CODING:
The plan shall provide that, if the department determines that any regular assessment will result in an impairment of the surplus of a limited apportionment company, the department may direct that all or part of such assessment be deferred.
However, there shall be no limitation or deferment of an emergency assessment to be collected from policyholders under sub-sub-subparagraph Page 14 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 2.d.(III).
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 under sub-sub-subparagraph 2.d.(III).
The plan shall provide that, if the department determines that any regular assessment will result in an impairment of the surplus of a limited apportionment company, the department may direct that all or part of such assessment be deferred.
However, there shall be no limitation or deferment of an emergency assessment to be collected from policyholders under sub-sub-subparagraph 2.d.(III).
It is the intent of the Legislature that the rates for coverage provided by the association be actuarially sound and not competitive with approved rates charged in the admitted voluntary market such that the association functions as a residual market mechanism to provide insurance only when the insurance cannot be procured in the voluntary market.
It is the intent of the Legislature that the rates for Page 15 of139 CODING:
The plan of operation shall provide a mechanism to assure that, beginning no later than January 1, 1999, the rates charged by the Page 15 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 association for each line of business are reflective of approved rates in the voluntary market for hurricane coverage for each line of business in the various areas eligible for association coverage.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 coverage provided by the association be actuarially sound and not competitive with approved rates charged in the admitted voluntary market such that the association functions as a residual market mechanism to provide insurance only when the insurance cannot be procured in the voluntary market.
The plan of operation shall provide a mechanism to assure that, beginning no later than January 1, 1999, the rates charged by the association for each line of business are reflective of approved rates in the voluntary market for hurricane coverage for each line of business in the various areas eligible for association coverage.
The association may write coverage above the limits specified in this subparagraph with or without facultative or other reinsurance coverage, as the association determines appropriate.
The association may write coverage above the limits specified in this subparagraph with or without facultative or other Page 16 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 reinsurance coverage, as the association determines appropriate.
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(I) Whether the likelihood of a loss for the individual risk is substantially higher than for other risks of the same class;
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words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 (I) Whether the likelihood of a loss for the individual risk is substantially higher than for other risks of the same class;
(I) Pay to the producing agent of record of the policy, for the first year, an amount that is the greater of the insurer's usual and customary commission for the type of policy written or a fee equal to the usual and customary commission of the association;
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or (II) Offer to allow the producing agent of record of the policy to continue servicing the policy for a period of not less Page 17 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 than 1 year and offer to pay the agent the greater of the insurer's or the association's usual and customary commission for the type of policy written.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 (I) Pay to the producing agent of record of the policy, for the first year, an amount that is the greater of the insurer's usual and customary commission for the type of policy written or a fee equal to the usual and customary commission of the association;
or (II) Offer to allow the producing agent of record of the policy to continue servicing the policy for a period of not less than 1 year and offer to pay the agent the greater of the insurer's or the association's usual and customary commission for the type of policy written.
Upon termination of eligibility, the association shall provide written notice to the policyholder and agent of record stating that the association policy must be canceled as of 60 days after the date of the notice because of the offer of coverage from an authorized insurer.
Upon termination of eligibility, the association shall provide written notice to the policyholder and agent of record stating that the association policy must be canceled as of 60 days after the date of the notice because of the offer of coverage from an Page 18 of139 CODING:
Words strickenare deletions;
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 authorized insurer.
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(I) Pay to the producing agent of record of the association policy, for the first year, an amount that is the greater of the insurer's usual and customary commission for the type of policy written or a fee equal to the usual and customary commission of the association;
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 (I) Pay to the producing agent of record of the association policy, for the first year, an amount that is the greater of the insurer's usual and customary commission for the type of policy written or a fee equal to the usual and customary commission of the association;
The plan of operation may authorize the formation of a private nonprofit corporation, a private nonprofit unincorporated association, a partnership, a trust, a limited liability company, or a nonprofit mutual company which may be empowered, among other things, to borrow money by issuing bonds or by incurring other indebtedness and to accumulate reserves or funds to be used for the payment of insured catastrophe losses.
The plan of operation may authorize the formation of a private nonprofit corporation, a private nonprofit unincorporated association, a partnership, a trust, a limited liability company, or a nonprofit mutual company which may be Page 19 of139 CODING:
The plan may authorize all actions necessary to facilitate the issuance of bonds, including the pledging of assessments or other revenues.
b.
Any entity created under this subsection, or any entity Page 19 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 formed for the purposes of this subsection, may sue and be sued, may borrow money;
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 empowered, among other things, to borrow money by issuing bonds or by incurring other indebtedness and to accumulate reserves or funds to be used for the payment of insured catastrophe losses.
The plan may authorize all actions necessary to facilitate the issuance of bonds, including the pledging of assessments or other revenues.
b.
Any entity created under this subsection, or any entity formed for the purposes of this subsection, may sue and be sued, may borrow money;
Any such entity may accumulate reserves and retain surpluses as of the end of any association year to provide for the payment of losses incurred by the association during that year or any future year.
Any such entity may accumulate Page 20 of139 CODING:
The association shall incorporate and continue the plan of operation and articles of agreement in effect on the effective date of chapter 76-96, Laws of Florida, to the extent that it is not inconsistent with chapter 76-96, and as subsequently modified Page 20 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 consistent with chapter 76-96.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 reserves and retain surpluses as of the end of any association year to provide for the payment of losses incurred by the association during that year or any future year.
The association shall incorporate and continue the plan of operation and articles of agreement in effect on the effective date of chapter 76-96, Laws of Florida, to the extent that it is not inconsistent with chapter 76-96, and as subsequently modified consistent with chapter 76-96.
However, no commission will be paid on that portion of the premium which is in excess of the standard premium of that company.
However, no commission will be paid on that portion of the premium which is in excess of the standard premium of that Page 21 of139 CODING:
8.
Subject to approval by the department, the association may establish different eligibility requirements and operational procedures for any line or type of coverage for any specified eligible area or portion of an eligible area if the board determines that such changes to the eligibility requirements and operational procedures are justified due to the voluntary market Page 21 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 being sufficiently stable and competitive in such area or for such line or type of coverage and that consumers who, in good faith, are unable to obtain insurance through the voluntary market through ordinary methods would continue to have access to coverage from the association.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 company.
8.
Subject to approval by the department, the association may establish different eligibility requirements and operational procedures for any line or type of coverage for any specified eligible area or portion of an eligible area if the board determines that such changes to the eligibility requirements and operational procedures are justified due to the voluntary market being sufficiently stable and competitive in such area or for such line or type of coverage and that consumers who, in good faith, are unable to obtain insurance through the voluntary market through ordinary methods would continue to have access to coverage from the association.
The pledge or sale of, the lien upon, and the security interest in any rights, revenues, or other assets of the association created or purported to be created pursuant to any financing documents to secure any bonds or other indebtedness of the association shall be and remain valid and enforceable, notwithstanding the commencement of and during the continuation of, and after, any rehabilitation, insolvency, liquidation, bankruptcy, receivership, conservatorship, reorganization, or similar proceeding against the association under the laws of this state or any other applicable laws.
The pledge or sale of, the lien upon, and the security interest in any rights, revenues, or other assets of the association created or purported to be created pursuant to any financing documents to secure any bonds or other indebtedness of the association shall be and remain valid and enforceable, notwithstanding the commencement of and during the continuation of, and after, any rehabilitation, insolvency, liquidation, Page 22 of139 CODING:
b.
No such proceeding shall relieve the association of its obligation, or otherwise affect its ability to perform its obligation, to continue to collect, or levy and collect, assessments, market equalization or other surcharges, projected Page 22 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 recoveries from the Florida Hurricane Catastrophe Fund, reinsurance recoverables, or any other rights, revenues, or other assets of the association pledged.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 bankruptcy, receivership, conservatorship, reorganization, or similar proceeding against the association under the laws of this state or any other applicable laws.
b.
No such proceeding shall relieve the association of its obligation, or otherwise affect its ability to perform its obligation, to continue to collect, or levy and collect, assessments, market equalization or other surcharges, projected recoveries from the Florida Hurricane Catastrophe Fund, reinsurance recoverables, or any other rights, revenues, or other assets of the association pledged.
As used in this subsection, the term "financing documents" means any agreement, instrument, or other document now existing or hereafter created evidencing any bonds or other indebtedness of the association or pursuant to which any such bonds or other indebtedness has been or may be issued and pursuant to which any rights, revenues, or other assets of the association are pledged or sold to secure the repayment of such bonds or indebtedness, together with the payment of interest on such bonds or such indebtedness, or the payment of any other obligation of the association related to such bonds or indebtedness.
As used in this subsection, the term "financing documents" means any agreement, instrument, or other document now existing or hereafter created evidencing any bonds or other indebtedness of the association or pursuant to which any such bonds or other indebtedness has been or may be issued and pursuant to which any rights, revenues, or other assets of the Page 23 of139 CODING:
e.
Any such pledge or sale of assessments, revenues, contract rights or other rights or assets of the association Page 23 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 shall constitute a lien and security interest, or sale, as the case may be, that is immediately effective and attaches to such assessments, revenues, contract, or other rights or assets, whether or not imposed or collected at the time the pledge or sale is made.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 association are pledged or sold to secure the repayment of such bonds or indebtedness, together with the payment of interest on such bonds or such indebtedness, or the payment of any other obligation of the association related to such bonds or indebtedness.
e.
Any such pledge or sale of assessments, revenues, contract rights or other rights or assets of the association shall constitute a lien and security interest, or sale, as the case may be, that is immediately effective and attaches to such assessments, revenues, contract, or other rights or assets, whether or not imposed or collected at the time the pledge or sale is made.
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, agents or employees of the association, members of the board of directors of the association, or the department or its representatives, for any action taken by them in the performance of their duties or responsibilities under this subsection.
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, agents or employees of the Page 24 of139 CODING:
Such immunity does not apply to actions for breach of any contract or agreement pertaining to insurance, or any willful tort.
(6) CITIZENS PROPERTY INSURANCE CORPORATION.— Page 24 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 (a) The public purpose of this subsection is to ensure that there is an orderly market for property insurance for residents and businesses of this state.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 association, members of the board of directors of the association, or the department or its representatives, for any action taken by them in the performance of their duties or responsibilities under this subsection.
Such immunity does not apply to actions for breach of any contract or agreement pertaining to insurance, or any willful tort.
(6) CITIZENS PROPERTY INSURANCE CORPORATION.— (a) The public purpose of this subsection is to ensure that there is an orderly market for property insurance for residents and businesses of this state.
It is necessary, therefore, to provide affordable property insurance to applicants who are in good faith entitled to procure insurance through the voluntary market but are unable to do so.
It is necessary, therefore, to provide affordable property Page 25 of139 CODING:
The Legislature intends, therefore, that affordable property insurance be provided and that it continue to be provided, as long as necessary, through Citizens Property Insurance Corporation, a government entity that is an integral part of the state, and that is not a private insurance company.
Page 25 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 To that end, the corporation shall strive to increase the availability of affordable property insurance in this state, while achieving efficiencies and economies, and while providing service to policyholders, applicants, and agents which is no less than the quality generally provided in the voluntary market, for the achievement of the foregoing public purposes.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 insurance to applicants who are in good faith entitled to procure insurance through the voluntary market but are unable to do so.
The Legislature intends, therefore, that affordable property insurance be provided and that it continue to be provided, as long as necessary, through Citizens Property Insurance Corporation, a government entity that is an integral part of the state, and that is not a private insurance company.
To that end, the corporation shall strive to increase the availability of affordable property insurance in this state, while achieving efficiencies and economies, and while providing service to policyholders, applicants, and agents which is no less than the quality generally provided in the voluntary market, for the achievement of the foregoing public purposes.
The corporation shall provide insurance for residential and commercial property, for applicants who are entitled, but, in good faith, are unable to procure insurance through the voluntary market.
The corporation shall provide insurance for residential and commercial property, for applicants who are entitled, but, in Page 26 of139 CODING:
The corporation shall operate pursuant to a plan of operation approved by order of the Financial Services Commission.
The plan is subject to continuous review by the commission.
The commission may, by order, withdraw approval of all or part of a plan if the commission determines that conditions have changed since approval was granted and that the Page 26 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 purposes of the plan require changes in the plan.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 good faith, are unable to procure insurance through the voluntary market.
The corporation shall operate pursuant to a plan of operation approved by order of the Financial Services Commission.
The plan is subject to continuous review by the commission.
The commission may, by order, withdraw approval of all or part of a plan if the commission determines that conditions have changed since approval was granted and that the purposes of the plan require changes in the plan.
The office shall approve the method used by the corporation for valuing the dwelling replacement cost for the purposes of this subparagraph.
The office shall approve the method used by the corporation for valuing the Page 27 of139 CODING:
If a policyholder is insured by the corporation before being determined to be ineligible pursuant to this subparagraph and such policyholder files a lawsuit challenging the determination, the policyholder may remain insured by the corporation until the conclusion of the litigation.
b.
Effective January 1, 2015, a structure that has a Page 27 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 dwelling replacement cost of $900,000 or more, or a single condominium unit that has a combined dwelling and contents replacement cost of $900,000 or more, is not eligible for coverage by the corporation.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 dwelling replacement cost for the purposes of this subparagraph.
If a policyholder is insured by the corporation before being determined to be ineligible pursuant to this subparagraph and such policyholder files a lawsuit challenging the determination, the policyholder may remain insured by the corporation until the conclusion of the litigation.
b.
Effective January 1, 2015, a structure that has a dwelling replacement cost of $900,000 or more, or a single condominium unit that has a combined dwelling and contents replacement cost of $900,000 or more, is not eligible for coverage by the corporation.
Such dwellings insured by the corporation on December 31, 2016, may continue to be covered by the corporation until the end of the policy term.
Such dwellings insured by the Page 28 of139 CODING:
Words strickenare deletions;
words underlined are additions.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 corporation on December 31, 2016, may continue to be covered by the corporation until the end of the policy term.
In such counties a personal lines residential structure that has a dwelling replacement cost of less than $1 million, or a single Page 28 of140 CODING:
In such counties a personal lines residential structure that has a dwelling replacement cost of less than $1 million, or a single condominium unit that has a combined dwelling and contents replacement cost of less than $1 million, is eligible for coverage by the corporation.
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 condominium unit that has a combined dwelling and contents replacement cost of less than $1 million, is eligible for coverage by the corporation.
1609.2, International Building Code (2006), and that has an insured value on the structure of $750,000 or more is not eligible for coverage by the corporation unless the structure has opening protections as required under the Florida Building Code for a newly constructed residential structure in that area.
1609.2, International Building Code (2006), and that has an insured value on the structure of $750,000 or more is not eligible for coverage by the corporation unless the structure has opening protections as required under Page 29 of139 CODING:
Words strickenare deletions;
words underlined are additions.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 the Florida Building Code for a newly constructed residential structure in that area.
161.54(6)(a), Page 29 of140 CODING:
161.54(6)(a), that is newly constructed, or rebuilt, repaired, restored, or remodeled to increase the total square footage of finished area by more than 25 percent, pursuant to a permit applied for after July 1, 2015, is not eligible for coverage by the corporation if the structure is seaward of the coastal construction control line established pursuant to s.
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 that is newly constructed, or rebuilt, repaired, restored, or remodeled to increase the total square footage of finished area by more than 25 percent, pursuant to a permit applied for after July 1, 2015, is not eligible for coverage by the corporation if the structure is seaward of the coastal construction control line established pursuant to s.
All insurers authorized to write one or more subject lines of business in this state are subject to assessment by the corporation and, for the purposes of this subsection, are referred to collectively as "assessable insurers." Insurers writing one or more subject lines of business in this state pursuant to part VIII of chapter 626 are not assessable insurers;
All insurers authorized to write one or more subject lines of business in this state are subject to assessment by the corporation and, for the purposes of this subsection, are referred to collectively as "assessable insurers." Insurers writing one or more subject lines of business in this state Page 30 of139 CODING:
however, insureds who procure one or more subject lines of business in this state pursuant to part VIII of chapter 626 are subject to assessment by the corporation and are referred to collectively as "assessable insureds." An insurer's assessment liability begins on the first day of the calendar year following the year in which the insurer was issued a Page 30 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 certificate of authority to transact insurance for subject lines of business in this state and terminates 1 year after the end of the first calendar year during which the insurer no longer holds a certificate of authority to transact insurance for subject lines of business in this state.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 pursuant to part VIII of chapter 626 are not assessable insurers;
however, insureds who procure one or more subject lines of business in this state pursuant to part VIII of chapter 626 are subject to assessment by the corporation and are referred to collectively as "assessable insureds." An insurer's assessment liability begins on the first day of the calendar year following the year in which the insurer was issued a certificate of authority to transact insurance for subject lines of business in this state and terminates 1 year after the end of the first calendar year during which the insurer no longer holds a certificate of authority to transact insurance for subject lines of business in this state.
b.(II) A commercial lines account for Commercial residential and commercial nonresidential policies that provide issued by the corporation which provides coverage for basic property perils on risks that are not located in areas eligible for coverage by the Florida Windstorm Underwriting Association as those areas were defined on January 1, 2002, and for policies that do not provide coverage for the peril of wind on risks that are located in such areas;
b.(II) A commercial lines account for Commercial residential and commercial nonresidential policies that provide Page 31 of139 CODING:
and c.(III) A Coastal account for Personal residential Page 31 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 policies and commercial residential and commercial nonresidential property policies that provide issued by the corporation which provides coverage for the peril of wind on risks that are located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 issued by the corporation which provides coverage for basic property perils on risks that are not located in areas eligible for coverage by the Florida Windstorm Underwriting Association as those areas were defined on January 1, 2002, and for policies that do not provide coverage for the peril of wind on risks that are located in such areas;
and c.(III) A Coastal account for Personal residential policies and commercial residential and commercial nonresidential property policies that provide issued by the corporation which provides coverage for the peril of wind on risks that are located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002.
However, the corporation may, however, continue to renew a commercial residential multiperil policy on a building that was is insured by the corporation on June 30, 2014, under a multiperil policy.
However, the corporation may, however, continue to renew a commercial residential multiperil policy on a building that was is insured by the corporation on June 30, Page 32 of139 CODING:
In issuing multiperil coverage under this sub-subparagraph, the corporation may use its approved policy forms and rates for risks located in areas not eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002, and for policies that do not provide coverage for the peril of wind on risks that are located in such areas the personal lines Page 32 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 account.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 2014, under a multiperil policy.
In issuing multiperil coverage under this sub-subparagraph, the corporation may use its approved policy forms and rates for risks located in areas not eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002, and for policies that do not provide coverage for the peril of wind on risks that are located in such areas the personal lines account.
(I) Personal residential policies and commercial residential and commercial nonresidential property policies that provide coverage for the peril of wind on risks that are located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002;
(I) Personal residential policies and commercial residential and commercial nonresidential property policies that provide coverage for the peril of wind on risks that are located Page 33 of139 CODING:
(II) Policies that provide multiperil coverage, if offered by the corporation, and policies that provide coverage only for the peril of wind for risks located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as Page 33 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 those areas were defined on January 1, 2002;
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002;
(II) Policies that provide multiperil coverage, if offered by the corporation, and policies that provide coverage only for the peril of wind for risks located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002;
The coastal account must also include quota share primary insurance under subparagraph (c)2.
The coastal account must also include quota share Page 34 of139 CODING:
The area eligible for coverage with the corporation under this sub-subparagraph under the coastal account also includes the area within Port Canaveral, which is bordered on the south by the City of Cape Canaveral, bordered on the west by the Banana River, and bordered on the north by Federal Government property.
Page 34 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 3.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 primary insurance under subparagraph (c)2.
The area eligible for coverage with the corporation under this sub-subparagraph under the coastal account also includes the area within Port Canaveral, which is bordered on the south by the City of Cape Canaveral, bordered on the west by the Banana River, and bordered on the north by Federal Government property.
3.
The three separate accounts must be maintained as long as financing obligations entered into by the Florida Windstorm Underwriting Association or Residential Property and Casualty Joint Underwriting Association are outstanding, in accordance with the terms of the corresponding financing documents.
The three separate accounts must be maintained as long as financing obligations entered into by the Florida Windstorm Page 35 of139 CODING:
If no such financing obligations remain outstanding or if the financing documents allow for combining of accounts, the corporation may consolidate the three separate accounts into a new account, to be known as the Citizens account, for all Page 35 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 revenues, assets, liabilities, losses, and expenses of the corporation.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 Underwriting Association or Residential Property and Casualty Joint Underwriting Association are outstanding, in accordance with the terms of the corresponding financing documents.
If no such financing obligations remain outstanding or if the financing documents allow for combining of accounts, the corporation may consolidate the three separate accounts into a new account, to be known as the Citizens account, for all revenues, assets, liabilities, losses, and expenses of the corporation.
Creditors of the Residential Property and Casualty Joint Underwriting Association and the accounts specified in sub-sub-subparagraphs a.(I) and (II) may have a claim against, and recourse to, those accounts and no claim against, or recourse to, the account referred to in sub-sub-subparagraph a.(III).
Creditors of the Residential Property and Casualty Joint Underwriting Association and the accounts specified in sub-sub-subparagraphs a.(I) and (II) may have a claim against, and recourse to, those accounts and no claim against, or Page 36 of139 CODING:
Creditors of the Florida Windstorm Underwriting Association have a claim against, and recourse to, the account referred to in sub-sub-subparagraph a.(III) and no claim against, or recourse to, the accounts referred to in sub-sub- subparagraphs a.(I) and (II).
d.
Revenues, assets, liabilities, losses, and expenses not Page 36 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 attributable to particular accounts shall be prorated among the accounts.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 recourse to, the account referred to in sub-sub-subparagraph a.(III).
Creditors of the Florida Windstorm Underwriting Association have a claim against, and recourse to, the account referred to in sub-sub-subparagraph a.(III) and no claim against, or recourse to, the accounts referred to in sub-sub- subparagraphs a.(I) and (II).
d.
Revenues, assets, liabilities, losses, and expenses not attributable to particular accounts shall be prorated among the accounts.
(II) Exceeds 2 percent of the aggregate statewide direct written premium for the subject lines of business for the prior calendar year, the corporation shall levy regular assessments on assessable insurers under paragraph (q) and on assessable insureds in an amount equal to the greater of 2 percent of the projected deficit or 2 percent of the aggregate statewide direct written premium for the subject lines of business for the prior Page 37 of140 CODING:
Page 37 of139 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 calendar year.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 (II) Exceeds 2 percent of the aggregate statewide direct written premium for the subject lines of business for the prior calendar year, the corporation shall levy regular assessments on assessable insurers under paragraph (q) and on assessable insureds in an amount equal to the greater of 2 percent of the projected deficit or 2 percent of the aggregate statewide direct written premium for the subject lines of business for the prior calendar year.
shall be collected by the surplus lines agent at the time the surplus lines agent collects the surplus lines tax required by s.
shall be collected by the surplus lines agent at the time the surplus lines agent Page 38 of139 CODING:
626.932, and paid to the Florida Surplus Lines Service Office at the time the surplus lines agent pays the surplus lines tax to that office.
Upon receipt of regular assessments from surplus lines agents, the Florida Surplus Lines Service Office shall transfer the assessments directly to the corporation as determined by the corporation.
Page 38 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 c.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 collects the surplus lines tax required by s.
626.932, and paid to the Florida Surplus Lines Service Office at the time the surplus lines agent pays the surplus lines tax to that office.
Upon receipt of regular assessments from surplus lines agents, the Florida Surplus Lines Service Office shall transfer the assessments directly to the corporation as determined by the corporation.
c.
Upon a determination by the board of governors that a projected deficit in the Citizens an account exceeds the amount that is expected to be recovered through surcharges regular assessments under sub-subparagraph a., plus the amount that is expected to be recovered through surcharges under sub- subparagraph j., the board, after verification by the office, shall levy emergency assessments for as many years as necessary to cover the deficits, to be collected by assessable insurers and the corporation and collected from assessable insureds upon issuance or renewal of policies for subject lines of business, excluding National Flood Insurance Program policies.
Upon a determination by the board of governors that a projected deficit in the Citizens an account exceeds the amount that is expected to be recovered through surcharges regular assessments under sub-subparagraph a., plus the amount that is Page 39 of139 CODING:
The amount Page 39 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 collected in a particular year must be a uniform percentage of that year's direct written premium for subject lines of business and the Citizens account all accounts of the corporation, excluding National Flood Insurance Program policy premiums, as annually determined by the board and verified by the office.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 expected to be recovered through surcharges under sub- subparagraph j., the board, after verification by the office, shall levy emergency assessments for as many years as necessary to cover the deficits, to be collected by assessable insurers and the corporation and collected from assessable insureds upon issuance or renewal of policies for subject lines of business, excluding National Flood Insurance Program policies.
The amount collected in a particular year must be a uniform percentage of that year's direct written premium for subject lines of business and the Citizens account all accounts of the corporation, excluding National Flood Insurance Program policy premiums, as annually determined by the board and verified by the office.
Emergency assessments levied by the corporation on assessable insureds shall be collected by the surplus lines agent at the time the surplus lines agent collects the surplus lines tax required by s.
Emergency Page 40 of139 CODING:
626.932 and paid to the Florida Surplus Lines Service Office at the time the surplus lines agent pays the surplus lines tax to that office.
The emergency assessments collected shall be transferred directly to the corporation on a periodic basis as Page 40 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 determined by the corporation and held by the corporation solely in the Citizens applicable account.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 assessments levied by the corporation on assessable insureds shall be collected by the surplus lines agent at the time the surplus lines agent collects the surplus lines tax required by s.
626.932 and paid to the Florida Surplus Lines Service Office at the time the surplus lines agent pays the surplus lines tax to that office.
The emergency assessments collected shall be transferred directly to the corporation on a periodic basis as determined by the corporation and held by the corporation solely in the Citizens applicable account.
The corporation may pledge the proceeds of assessments, projected recoveries from the Florida Hurricane Catastrophe Fund, other insurance and reinsurance recoverables, policyholder surcharges and other surcharges, and other funds available to the corporation as the source of revenue for and to secure bonds issued under paragraph (q), bonds or other indebtedness issued under subparagraph (c)3., or lines of credit or other financing mechanisms issued or created under this subsection, or to retire any other debt incurred as a result of deficits or events giving rise to deficits, or in any other way that the board determines will efficiently recover such deficits.
The corporation may pledge the proceeds of assessments, projected recoveries from the Florida Hurricane Catastrophe Fund, other insurance and reinsurance recoverables, policyholder surcharges and other surcharges, and other funds available to the corporation as the source of revenue for and to secure bonds issued under paragraph (q), bonds or other Page 41 of139 CODING:
The purpose of the lines of credit or other financing mechanisms is to provide additional resources to assist the Page 41 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 corporation in covering claims and expenses attributable to a catastrophe.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 indebtedness issued under subparagraph (c)3., or lines of credit or other financing mechanisms issued or created under this subsection, or to retire any other debt incurred as a result of deficits or events giving rise to deficits, or in any other way that the board determines will efficiently recover such deficits.
The purpose of the lines of credit or other financing mechanisms is to provide additional resources to assist the corporation in covering claims and expenses attributable to a catastrophe.
As used in this subsection and for purposes of any deficit incurred on or after January 25, 2007, the term "subject lines of business" means insurance written by assessable insurers or procured by assessable insureds for all property and casualty lines of business in this state, but not including workers' compensation or medical malpractice.
As used in this subsection and for purposes of any deficit incurred on or after January 25, 2007, the term "subject lines of business" means insurance written by assessable Page 42 of139 CODING:
As used in this sub-subparagraph, the term "property and casualty lines of business" includes all lines of business identified on Form 2, Exhibit of Premiums and Losses, in the annual statement required of authorized insurers under s.
624.424 and any rule adopted Page 42 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 under this section, except for those lines identified as accident and health insurance and except for policies written under the National Flood Insurance Program or the Federal Crop Insurance Program.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 insurers or procured by assessable insureds for all property and casualty lines of business in this state, but not including workers' compensation or medical malpractice.
As used in this sub-subparagraph, the term "property and casualty lines of business" includes all lines of business identified on Form 2, Exhibit of Premiums and Losses, in the annual statement required of authorized insurers under s.
624.424 and any rule adopted under this section, except for those lines identified as accident and health insurance and except for policies written under the National Flood Insurance Program or the Federal Crop Insurance Program.
The Florida Surplus Lines Service Office shall verify the proper application by surplus lines agents of assessment percentages for regular assessments and emergency assessments levied under this subparagraph on assessable insureds and assist the corporation in ensuring the accurate, timely collection and payment of assessments by surplus lines agents as required by the corporation.
The Florida Surplus Lines Service Office shall verify the proper application by surplus lines agents of assessment percentages for regular assessments and emergency assessments levied under this subparagraph on assessable insureds and assist the corporation in ensuring the accurate, timely collection and Page 43 of139 CODING:
j.
Upon determination by the board of governors that an account has a projected deficit, the board shall levy a Citizens policyholder surcharge against all policyholders of the corporation.
(I) The surcharge shall be levied as a uniform percentage Page 43 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 of the premium for the policy of up to 15 percent of such premium, which funds shall be used to offset the deficit.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 payment of assessments by surplus lines agents as required by the corporation.
j.
Upon determination by the board of governors that an account has a projected deficit, the board shall levy a Citizens policyholder surcharge against all policyholders of the corporation.
(I) The surcharge shall be levied as a uniform percentage of the premium for the policy of up to 15 percent of such premium, which funds shall be used to offset the deficit.
If the amount of any assessments or surcharges collected from corporation policyholders, assessable insurers or their policyholders, or assessable insureds exceeds the amount of the deficits, such excess amounts shall be remitted to and retained by the corporation in a reserve to be used by the corporation, as determined by the board of governors and approved by the office, to pay claims or reduce any past, present, or future plan-year deficits or to reduce outstanding debt.
If the amount of any assessments or surcharges collected from corporation policyholders, assessable insurers or their policyholders, or assessable insureds exceeds the amount Page 44 of139 CODING:
4.
The Citizens account, if established by the corporation Page 44 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 pursuant to sub-subparagraph 2.b., is authorized to provide:
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 of the deficits, such excess amounts shall be remitted to and retained by the corporation in a reserve to be used by the corporation, as determined by the board of governors and approved by the office, to pay claims or reduce any past, present, or future plan-year deficits or to reduce outstanding debt.
4.
The Citizens account, if established by the corporation pursuant to sub-subparagraph 2.b., is authorized to provide:
Personal residential policies and commercial residential and commercial nonresidential property policies that provide coverage for the peril of wind on risks that are located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002.
Personal residential policies and commercial residential and commercial nonresidential property policies that provide coverage for the peril of wind on risks that are located in areas eligible for coverage by the Florida Windstorm Page 45 of139 CODING:
The corporation may offer policies that provide multiperil coverage and shall offer policies that provide coverage only for the peril of wind for risks located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002.
The corporation may not offer new commercial residential policies Page 45 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 providing multiperil coverage, but shall continue to offer commercial residential wind-only policies, and may offer commercial residential policies excluding wind.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 Underwriting Association, as those areas were defined on January 1, 2002.
The corporation may offer policies that provide multiperil coverage and shall offer policies that provide coverage only for the peril of wind for risks located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002.
The corporation may not offer new commercial residential policies providing multiperil coverage, but shall continue to offer commercial residential wind-only policies, and may offer commercial residential policies excluding wind.
An applicant or insured who is eligible for a corporation policy that provides coverage only for the peril of wind may elect to purchase or retain such policy and also purchase or retain coverage excluding wind from an authorized insurer without prejudice to the applicant's or insured's eligibility to prospectively purchase a policy that provides multiperil coverage from the corporation.
An applicant or insured who is eligible for a Page 46 of139 CODING:
The following policies, which provide coverage only for the peril of wind, Page 46 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 must also include quota share primary insurance under subparagraph (c)2.:
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 corporation policy that provides coverage only for the peril of wind may elect to purchase or retain such policy and also purchase or retain coverage excluding wind from an authorized insurer without prejudice to the applicant's or insured's eligibility to prospectively purchase a policy that provides multiperil coverage from the corporation.
The following policies, which provide coverage only for the peril of wind, must also include quota share primary insurance under subparagraph (c)2.:
The area eligible for coverage with the corporation under this sub-subparagraph includes the area within Port Canaveral, which is bordered on the south by the City of Cape Canaveral, bordered on the west by the Banana River, and bordered on the north by Federal Government property.
The area eligible for coverage with the corporation under this sub-subparagraph includes the area within Port Canaveral, which is bordered on the south by the City of Cape Canaveral, bordered on the west by Page 47 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 the Banana River, and bordered on the north by Federal Government property.
Page 47 of140 CODING:
(I) The surcharge shall be levied as a uniform percentage of the premium for the policy of up to 15 percent of such premium, which funds shall be used to offset the deficit.
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hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 (I) The surcharge shall be levied as a uniform percentage of the premium for the policy of up to 15 percent of such premium, which funds shall be used to offset the deficit.
Upon a determination by the board of governors that a projected deficit in the Citizens account exceeds the amount that is expected to be recovered through surcharges under sub- subparagraph a., the board, after verification by the office, shall levy emergency assessments for as many years as necessary to cover the deficits, to be collected by assessable insurers and the corporation and collected from assessable insureds upon issuance or renewal of policies for subject lines of business, excluding National Flood Insurance Program policies.
Upon a determination by the board of governors that a projected deficit in the Citizens account exceeds the amount Page 48 of139 CODING:
The amount Page 48 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 collected in a particular year must be a uniform percentage of that year's direct written premium for subject lines of business and the Citizens account, National Flood Insurance Program policy premiums, as annually determined by the board and verified by the office.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 that is expected to be recovered through surcharges under sub- subparagraph a., the board, after verification by the office, shall levy emergency assessments for as many years as necessary to cover the deficits, to be collected by assessable insurers and the corporation and collected from assessable insureds upon issuance or renewal of policies for subject lines of business, excluding National Flood Insurance Program policies.
The amount collected in a particular year must be a uniform percentage of that year's direct written premium for subject lines of business and the Citizens account, National Flood Insurance Program policy premiums, as annually determined by the board and verified by the office.
Emergency assessments levied by the corporation on assessable insureds shall be collected by the surplus lines agent at the time the surplus lines agent collects the surplus lines tax required by s.
Emergency assessments levied by the corporation on assessable Page 49 of139 CODING:
626.932 and paid to the Florida Surplus Lines Service Office at the time the surplus lines agent pays the surplus lines tax to that office.
The emergency assessments collected shall be transferred directly to the corporation on a periodic basis as determined by the corporation and held by the Page 49 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 corporation solely in the Citizens account.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 insureds shall be collected by the surplus lines agent at the time the surplus lines agent collects the surplus lines tax required by s.
626.932 and paid to the Florida Surplus Lines Service Office at the time the surplus lines agent pays the surplus lines tax to that office.
The emergency assessments collected shall be transferred directly to the corporation on a periodic basis as determined by the corporation and held by the corporation solely in the Citizens account.
or to retire any other debt incurred as a result of deficits or events giving rise to deficits, or in any other way that the board determines will efficiently recover such deficits.
or to retire Page 50 of139 CODING:
The purpose of the lines of credit or other financing mechanisms is to provide additional resources to assist the corporation in covering claims and expenses attributable to a catastrophe.
As used in this subsection, the term "assessments" includes emergency Page 50 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 assessments under sub-subparagraph c.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 any other debt incurred as a result of deficits or events giving rise to deficits, or in any other way that the board determines will efficiently recover such deficits.
The purpose of the lines of credit or other financing mechanisms is to provide additional resources to assist the corporation in covering claims and expenses attributable to a catastrophe.
As used in this subsection, the term "assessments" includes emergency assessments under sub-subparagraph c.
As used in this sub-subparagraph, the term "property and casualty lines of business" includes all lines of business identified on Form 2, Exhibit of Premiums and Losses, in the annual statement required of authorized insurers under s.
As used in this sub-subparagraph, the term "property and casualty lines of Page 51 of139 CODING:
624.424 and any rule adopted under this section, except for those lines identified as accident and health insurance and except for policies written under the National Flood Insurance Program or the Federal Crop Insurance Program.
For purposes of this sub-subparagraph, the Page 51 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 term "workers' compensation" includes both workers' compensation insurance and excess workers' compensation insurance.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 business" includes all lines of business identified on Form 2, Exhibit of Premiums and Losses, in the annual statement required of authorized insurers under s.
624.424 and any rule adopted under this section, except for those lines identified as accident and health insurance and except for policies written under the National Flood Insurance Program or the Federal Crop Insurance Program.
For purposes of this sub-subparagraph, the term "workers' compensation" includes both workers' compensation insurance and excess workers' compensation insurance.
If the amount of any assessments or surcharges collected from corporation policyholders, assessable insurers or their policyholders, or assessable insureds exceeds the amount of the deficits, such excess amounts shall be remitted to and retained by the corporation in a reserve to be used by the corporation, as determined by the board of governors and approved by the office, to pay claims or reduce any past, present, or future plan-year deficits or to reduce outstanding debt.
If the amount of any assessments or surcharges collected from corporation policyholders, assessable insurers or Page 52 of139 CODING:
Page 52 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 (c) The corporation's plan of operation:
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 their policyholders, or assessable insureds exceeds the amount of the deficits, such excess amounts shall be remitted to and retained by the corporation in a reserve to be used by the corporation, as determined by the board of governors and approved by the office, to pay claims or reduce any past, present, or future plan-year deficits or to reduce outstanding debt.
(c) The corporation's plan of operation:
Commercial lines residential and nonresidential policy forms that are generally similar to the basic perils of full coverage obtainable for commercial residential structures and commercial nonresidential structures in the admitted voluntary market.
Commercial lines residential and nonresidential policy forms that are generally similar to the basic perils of full coverage obtainable for commercial residential structures and Page 53 of139 CODING:
d.
Personal lines and commercial lines residential property insurance forms that cover the peril of wind only.
The forms are applicable only to residential properties located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January Page 53 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 1, 2002.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 commercial nonresidential structures in the admitted voluntary market.
d.
Personal lines and commercial lines residential property insurance forms that cover the peril of wind only.
The forms are applicable only to residential properties located in areas eligible for coverage by the Florida Windstorm Underwriting Association, as those areas were defined on January 1, 2002.
a.
Page 54 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 a.
(I) "Approved surplus lines insurer" means an eligible surplus lines insurer that:
(I) "Approved rate" means:
(A) Is rated "A-" or higher by A.M.
(A) With respect to an authorized insurer that holds a certificate of authority, such insurer's filed and approved rate.
Best Company;
(B) With respect to an authorized insurer that is an eligible surplus lines insurer, the rate approved by the office as part of such insurer's take-out plan.
(B) Has a personal lines residential risk program that is managed by a Florida resident surplus lines broker;
(II) "Authorized insurer" means:
and (C) Offers coverage to applicants for new coverage from Page 54 of140 CODING:
(A) An insurer holding a certificate of authority;
or (B) An eligible surplus lines insurer that is rated "A-" or higher by A.M.
Best Company and whose Florida personal lines residential risk or commercial lines residential risk program is managed by a Florida resident surplus lines broker.
(III) "Eligible risks" means personal lines residential and commercial lines residential risks that meet the underwriting criteria of the corporation and are located in areas that were eligible for coverage by the Florida Windstorm Underwriting Association on January 1, 2002.
(IV) "Primary residence" means the dwelling that is the policyholder's primary home or is a rental property that is the primary home of the tenant, and which the policyholder or tenant occupies for more than 9 months of each year.
(V)(I) "Quota share primary insurance" means an arrangement in which the primary hurricane coverage of an Page 55 of139 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 the corporation or current policyholders of the corporation through a take-out plan approved by the office.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 eligible risk is provided in specified percentages by the corporation and an authorized insurer.
(II) "Eligible risks" means personal lines residential and commercial lines residential risks that meet the underwriting criteria of the corporation and are located in areas that were eligible for coverage by the Florida Windstorm Underwriting Association on January 1, 2002.
(III) "Primary residence" means the dwelling that is the policyholder's primary home or is a rental property that is the primary home of the tenant, and which the policyholder or tenant occupies for more than 9 months of each year.
(IV)(I) "Quota share primary insurance" means an arrangement in which the primary hurricane coverage of an eligible risk is provided in specified percentages by the corporation and an authorized insurer.
Eligible risks that are provided hurricane coverage through a quota share primary insurance arrangement Page 55 of140 CODING:
Eligible risks that are provided hurricane coverage through a quota share primary insurance arrangement must be provided policy forms that set forth the obligations of the corporation and authorized insurer under the arrangement, clearly specify the percentages of quota share primary insurance provided by the corporation and authorized insurer, and conspicuously and clearly state that the authorized insurer and the corporation may not be held responsible beyond their specified percentage of coverage of hurricane losses.
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hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 must be provided policy forms that set forth the obligations of the corporation and authorized insurer under the arrangement, clearly specify the percentages of quota share primary insurance provided by the corporation and authorized insurer, and conspicuously and clearly state that the authorized insurer and the corporation may not be held responsible beyond their specified percentage of coverage of hurricane losses.
The corporation may enter into quota share primary insurance agreements with authorized insurers at corporation coverage levels of 90 percent and 50 percent.
The corporation may enter into quota share primary Page 56 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 insurance agreements with authorized insurers at corporation coverage levels of 90 percent and 50 percent.
Any quota share primary insurance agreement entered into between an authorized insurer and the corporation must provide for a uniform specified percentage of coverage of hurricane losses, by county or territory as set forth by the Page 56 of140 CODING:
Any quota share primary insurance agreement entered into between an authorized insurer and the corporation must provide for a uniform specified percentage of coverage of hurricane losses, by county or territory as set forth by the corporation board, for all eligible risks of the authorized insurer covered under the agreement.
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 corporation board, for all eligible risks of the authorized insurer covered under the agreement.
For all policies of eligible risks covered under such agreements, the corporation and the authorized insurer must maintain complete and accurate records for the purpose of exposure and loss reimbursement audits as required by fund rules.
For all policies of eligible risks covered under such Page 57 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 agreements, the corporation and the authorized insurer must maintain complete and accurate records for the purpose of exposure and loss reimbursement audits as required by fund rules.
Page 57 of140 CODING:
h.
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hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 h.
3.
Page 58 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 3.
The corporation may issue bonds or incur other indebtedness, or have bonds issued on its behalf by a unit of Page 58 of140 CODING:
The corporation may issue bonds or incur other indebtedness, or have bonds issued on its behalf by a unit of local government pursuant to subparagraph (q)2.
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hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 local government pursuant to subparagraph (q)2.
The corporation may pledge assessments, projected recoveries from the Florida Hurricane Catastrophe Fund, other reinsurance recoverables, policyholder surcharges and other surcharges, and other funds available to the corporation as security for bonds or other indebtedness.
The corporation may pledge assessments, projected recoveries from the Florida Hurricane Catastrophe Fund, other reinsurance recoverables, policyholder surcharges and other surcharges, and other funds available to the corporation as Page 59 of139 CODING:
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words underlined are additions.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 security for bonds or other indebtedness.
The appointment of a consumer Page 59 of140 CODING:
The appointment of a consumer representative by the Governor is deemed to be within the scope of the exemption provided in s.
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hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 representative by the Governor is deemed to be within the scope of the exemption provided in s.
All board members, including the chair, must be appointed to serve for 3-year terms beginning annually on a date designated by the plan.
Page 60 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 All board members, including the chair, must be appointed to serve for 3-year terms beginning annually on a date designated by the plan.
Any executive director appointed on or Page 60 of140 CODING:
Any executive director appointed on or after July 1, 2006, is subject to confirmation by the Senate.
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hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 after July 1, 2006, is subject to confirmation by the Senate.
four representatives, one appointed by the Florida Association of Insurance Agents, one by the Florida Association of Insurance and Financial Advisors, one by the Professional Insurance Agents of Florida, and one by the Latin American Association of Insurance Agencies;
four representatives, one appointed by the Florida Association of Insurance Agents, one by the Florida Page 61 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 Association of Insurance and Financial Advisors, one by the Professional Insurance Agents of Florida, and one by the Latin American Association of Insurance Agencies;
Page 61 of140 CODING:
(II) The committee shall report to the corporation at each board meeting on insurance market issues which may include rates and rate competition with the voluntary market;
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hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 (II) The committee shall report to the corporation at each board meeting on insurance market issues which may include rates and rate competition with the voluntary market;
627.3517, with respect to personal lines residential risks that are primary residences, if the risk is offered coverage from an authorized insurer at the insurer's approved rate under a standard policy including wind coverage or, if consistent with the insurer's underwriting rules as filed with the office, a basic policy including wind coverage, for a new application to the corporation for coverage, the risk is not eligible for any policy issued by the corporation unless the premium for coverage from the authorized insurer is more than 20 percent greater than the premium for comparable coverage from the corporation.
627.3517, with respect to personal lines residential risks, if the risk is offered coverage from an authorized insurer at the insurer's approved rate under a standard policy including wind coverage or, if consistent with the insurer's underwriting rules as filed with the office, a Page 62 of139 CODING:
Whenever an offer of coverage for a personal lines residential risk that is a primary residence is received for a policyholder of the corporation at renewal from an authorized insurer, if the offer is equal to or less than the corporation's renewal premium for comparable coverage, the risk is not eligible for coverage with the corporation for policies that renew before April 1, 2023;
for policies that renew on or Page 62 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 after that date, the risk is not eligible for coverage with the corporation unless the premium for coverage from the authorized insurer is more than 20 percent greater than the corporation's renewal premium for comparable coverage.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 basic policy including wind coverage, for a new application to the corporation for coverage, the risk is not eligible for any policy issued by the corporation unless the premium for coverage from the authorized insurer is more than 20 percent greater than the premium for comparable coverage from the corporation.
Whenever an offer of coverage for a personal lines residential risk is received for a policyholder of the corporation at renewal from an authorized insurer, if the offer is equal to or less than the corporation's renewal premium for comparable coverage, the risk is not eligible for coverage with the corporation for policies that renew before April 1, 2023;
for policies that renew on or after that date, the risk is not eligible for coverage with the corporation unless the premium for coverage from the authorized insurer is more than 20 percent greater than the corporation's renewal premium for comparable coverage.
A policyholder removed from the corporation through an assumption agreement does not remain eligible for coverage from the corporation after the end of the policy term.
A Page 63 of139 CODING:
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hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 policyholder removed from the corporation through an assumption agreement does not remain eligible for coverage from the corporation after the end of the policy term.
This sub- subparagraph applies only to risks that are primary residences.
However, notwithstanding any other provision of law, this sub-subparagraph does not apply to a policy that does not cover a primary residence.
627.3518, before a policy is issued to the risk by the corporation or during the first 30 days of coverage by the corporation, and the producing Page 63 of140 CODING:
627.3518, before a policy is issued to the risk by the corporation or during the first 30 days of coverage by the corporation, and the producing agent who submitted the application to the plan or to the corporation is not currently appointed by the insurer, the insurer shall:
(A) Pay to the producing agent of record of the policy for the first year, an amount that is the greater of the insurer's usual and customary commission for the type of policy written or a fee equal to the usual and customary commission of the corporation;
or (B) Offer to allow the producing agent of record of the policy to continue servicing the policy for at least 1 year and offer to pay the agent the greater of the insurer's or the corporation's usual and customary commission for the type of Page 64 of139 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 agent who submitted the application to the plan or to the corporation is not currently appointed by the insurer, the insurer shall:
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 policy written.
(A) Pay to the producing agent of record of the policy for the first year, an amount that is the greater of the insurer's usual and customary commission for the type of policy written or a fee equal to the usual and customary commission of the corporation;
If the producing agent is unwilling or unable to accept appointment for any reason, including the failure of such agent to be licensed as a surplus lines agent, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
or (B) Offer to allow the producing agent of record of the policy to continue servicing the policy for at least 1 year and offer to pay the agent the greater of the insurer's or the corporation's usual and customary commission for the type of policy written.
If the producing agent is unwilling or unable to accept appointment, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
Page 64 of140 CODING:
or (B) Offer to allow the producing agent of record to continue servicing the policy for at least 1 year and offer to pay the agent the greater of the insurer's or the corporation's usual and customary commission for the type of policy written.
If the producing agent is unwilling or unable to accept appointment for any reason, including the failure of such agent to be licensed as a surplus lines agent, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
This sub-sub-subparagraph does not apply to an authorized Page 65 of139 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 or (B) Offer to allow the producing agent of record to continue servicing the policy for at least 1 year and offer to pay the agent the greater of the insurer's or the corporation's usual and customary commission for the type of policy written.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 insurer that is an eligible surplus lines insurer.
If the producing agent is unwilling or unable to accept appointment, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
With respect to commercial lines residential risks, for a new application to the corporation for coverage, if the risk is offered coverage under a policy including wind coverage from an authorized insurer at its approved rate, the risk is not eligible for a policy issued by the corporation unless the premium for coverage from the authorized insurer is more than 20 percent greater than the premium for comparable coverage from the corporation.
With respect to commercial lines residential risks, for a new application to the corporation for coverage, if the risk is offered coverage under a policy including wind coverage from an admitted authorized insurer at its approved rate, the risk is not eligible for a policy issued by the corporation unless the premium for coverage from the admitted authorized insurer is more than 20 percent greater than the premium for comparable coverage from the corporation.
Whenever an offer of coverage for a commercial lines residential risk is received for a policyholder of the corporation at renewal from an authorized insurer, the risk is not eligible for coverage with the corporation unless the premium for coverage from the authorized insurer is more than 20 percent greater than the corporation's renewal premium for comparable coverage.
Whenever an offer of coverage for a commercial lines residential risk is received for a policyholder of the corporation at renewal from an admitted authorized insurer, the risk is not eligible for coverage with the corporation unless the premium for coverage from the admitted authorized insurer is more than 20 percent greater than the corporation's renewal premium for comparable coverage.
A policyholder removed from the Page 65 of140 CODING:
A policyholder removed from the corporation through an assumption agreement remains eligible for coverage from the corporation until the end of the policy term.
However, any policy removed from the corporation through an assumption agreement remains on the corporation's policy forms through the end of the policy term.
With respect to commercial lines residential risks for a new application to the corporation for coverage, if the risk is offered coverage from an eligible Page 66 of139 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 corporation through an assumption agreement remains eligible for coverage from the corporation until the end of the policy term.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 surplus lines insurer at the insurer's approved rate under a policy including wind coverage, the risk is not eligible for a policy issued by the corporation.
However, any policy removed from the corporation through an assumption agreement remains on the corporation's policy forms through the end of the policy term.
If an offer of coverage for a commercial lines residential risk is received for a policyholder of the corporation by an eligible surplus lines insurer at renewal, the risk is not eligible for coverage with the corporation.
If the producing agent is unwilling or unable to accept Page 66 of140 CODING:
Page 67 of139 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 appointment, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 If the producing agent is unwilling or unable to accept appointment for any reason, including the failure of such agent to be licensed as a surplus lines agent, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
This sub-sub-subparagraph does not apply to an authorized insurer that is an eligible surplus lines insurer.
If the producing agent is unwilling or unable to accept appointment, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
If the producing agent is unwilling or unable to accept appointment for any reason, including the failure of such agent to be licensed as a surplus lines agent, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
Page 68 of139 CODING:
Words strickenare deletions;
words underlined are additions.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 This sub-sub-subparagraph does not apply to an authorized insurer that is an eligible surplus lines insurer.
The corporation may rely on a determination of comparable coverage and premium made by the producing agent who submits the application to the corporation, made in the agent's capacity as Page 67 of140 CODING:
The corporation may rely on a determination of comparable coverage and premium made by the producing agent who submits the application to the corporation, made in the agent's capacity as the corporation's agent.
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 the corporation's agent.
and any other form or coverage that is reasonably comparable as determined by the board.
and any other form or coverage that is reasonably comparable as Page 69 of139 CODING:
If an application is submitted to the corporation for wind-only coverage on a risk that is located in an area eligible for coverage by the Florida Windstorm Underwriting Association, as that area was defined on January 1, 2002, the premium for the corporation's wind-only policy plus the premium for the ex-wind policy that is offered by an authorized insurer to the applicant must be compared to the premium for multiperil coverage offered by an authorized Page 68 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 insurer, subject to the standards for comparison specified in this subparagraph.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 determined by the board.
If an application is submitted to the corporation for wind-only coverage on a risk that is located in an area eligible for coverage by the Florida Windstorm Underwriting Association, as that area was defined on January 1, 2002, the premium for the corporation's wind-only policy plus the premium for the ex-wind policy that is offered by an authorized insurer to the applicant must be compared to the premium for multiperil coverage offered by an authorized insurer, subject to the standards for comparison specified in this subparagraph.
d.
If the risk could not be insured under a standard policy including wind coverage regardless of market conditions, the risk is eligible for a basic policy including wind coverage unless rejected under subparagraph 8.
The corporation shall determine the type of policy to be provided on the basis of objective standards specified in the underwriting manual and based on generally accepted underwriting practices.
A policyholder removed from the corporation through an assumption agreement does not remain eligible for coverage from the corporation after the end of the policy term for a period.
However, any policy removed from the corporation through an assumption agreement remains on the corporation's policy forms through the end of the policy term.
(I) If the risk accepts an offer of coverage through the Page 69 of140 CODING:
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 market assistance plan or through a mechanism established by the corporation other than a plan established by s.
627.3518, before a policy is issued to the risk by the corporation or during the first 30 days of coverage by the corporation, and the producing agent who submitted the application to the plan or to the corporation is not currently appointed by the insurer, the insurer shall:
(A) Pay to the producing agent of record of the policy, for the first year, an amount that is the greater of the insurer's usual and customary commission for the type of policy written or a fee equal to the usual and customary commission of the corporation;
or (B) Offer to allow the producing agent of record of the policy to continue servicing the policy for at least 1 year and offer to pay the agent the greater of the insurer's or the corporation's usual and customary commission for the type of policy written.
If the producing agent is unwilling or unable to accept appointment, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
(II) If the corporation enters into a contractual agreement for a take-out plan, the producing agent of record of the corporation policy is entitled to retain any unearned commission on the policy, and the insurer shall:
Page 70 of140 CODING:
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 (A) Pay to the producing agent of record, for the first year, an amount that is the greater of the insurer's usual and customary commission for the type of policy written or a fee equal to the usual and customary commission of the corporation;
or (B) Offer to allow the producing agent of record to continue servicing the policy for at least 1 year and offer to pay the agent the greater of the insurer's or the corporation's usual and customary commission for the type of policy written.
If the producing agent is unwilling or unable to accept appointment, the new insurer shall pay the agent in accordance with sub-sub-sub-subparagraph (A).
for the Citizens an account which are attributable to a particular calendar year are in excess of projected losses and expenses for the Citizens account attributable to that year, such excess shall be held in surplus in the Citizens account.
for the Citizens an account which are attributable to a particular calendar year are in excess of projected losses and expenses for the Citizens account attributable to that year, Page 70 of139 CODING:
Such surplus must be available to defray deficits in the Citizens that account as to future years and used for that purpose before assessing assessable insurers and assessable insureds as to any calendar year;
or b.
For the Citizens account, if established by the Page 71 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 corporation, which are attributable to a particular calendar year are in excess of projected losses and expenses for the Citizens account attributable to that year, such excess shall be held in surplus in the Citizens account.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 such excess shall be held in surplus in the Citizens account.
Such surplus must be available to defray deficits in the Citizens that account as to future years and used for that purpose before assessing assessable insurers and assessable insureds as to any calendar year;
or b.
For the Citizens account, if established by the corporation, which are attributable to a particular calendar year are in excess of projected losses and expenses for the Citizens account attributable to that year, such excess shall be held in surplus in the Citizens account.
The acceptance or rejection of a risk by the corporation shall be construed as the private placement of insurance, and the provisions of chapter 120 do not apply.
Page 71 of139 CODING:
9.
Must provide that the corporation make its best efforts to procure catastrophe reinsurance at reasonable rates, to cover its projected 100-year probable maximum loss as determined by Page 72 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 the board of governors.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 The acceptance or rejection of a risk by the corporation shall be construed as the private placement of insurance, and the provisions of chapter 120 do not apply.
9.
Must provide that the corporation make its best efforts to procure catastrophe reinsurance at reasonable rates, to cover its projected 100-year probable maximum loss as determined by the board of governors.
The notice must also specify that acceptance of corporation coverage creates a conclusive presumption that the applicant or policyholder is aware of this potential.
The notice must also specify that acceptance of corporation coverage creates a conclusive presumption that the applicant or Page 72 of139 CODING:
12.
May establish, subject to approval by the office, different eligibility requirements and operational procedures for any line or type of coverage for any specified county or area if the board determines that such changes are justified due to the voluntary market being sufficiently stable and Page 73 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 competitive in such area or for such line or type of coverage and that consumers who, in good faith, are unable to obtain insurance through the voluntary market through ordinary methods continue to have access to coverage from the corporation.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 policyholder is aware of this potential.
12.
May establish, subject to approval by the office, different eligibility requirements and operational procedures for any line or type of coverage for any specified county or area if the board determines that such changes are justified due to the voluntary market being sufficiently stable and competitive in such area or for such line or type of coverage and that consumers who, in good faith, are unable to obtain insurance through the voluntary market through ordinary methods continue to have access to coverage from the corporation.
A regular assessment levied by the corporation on a limited apportionment company for a deficit incurred by the corporation for the coastal account may be paid to the corporation on a monthly basis as the assessments are collected by the limited apportionment company from its insureds, but a limited apportionment company must begin collecting the regular assessments not later than 90 days after the regular assessments are levied by the corporation, and the regular assessments must be paid in full within 15 months after being levied by the corporation.
A regular assessment levied by the corporation on a limited apportionment company for a deficit incurred by the corporation for the coastal account may be paid to the corporation on a monthly basis as the Page 73 of139 CODING:
A limited apportionment Page 74 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 company shall collect from its policyholders any emergency assessment imposed under sub-subparagraph (b)3.e.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 assessments are collected by the limited apportionment company from its insureds, but a limited apportionment company must begin collecting the regular assessments not later than 90 days after the regular assessments are levied by the corporation, and the regular assessments must be paid in full within 15 months after being levied by the corporation.
A limited apportionment company shall collect from its policyholders any emergency assessment imposed under sub-subparagraph (b)3.e.
An emergency assessment to be collected from policyholders under sub-subparagraph (b)5.c.
An emergency assessment to be collected from policyholders under Page 74 of139 CODING:
Words strickenare deletions;
words underlined are additions.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 sub-subparagraph (b)5.c.
626.015 by at least three insurers an insurer who are is authorized to write and are is actually writing or renewing personal lines Page 75 of140 CODING:
626.015 by at least three insurers an insurer who are is authorized to write and are is actually writing or renewing personal lines residential property coverage, commercial residential property coverage, or commercial nonresidential property coverage within the state.
Words strickenare deletions;
words underlined are additions.
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 residential property coverage, commercial residential property coverage, or commercial nonresidential property coverage within the state.
Carports that are aluminum or carports that are not covered by the same or substantially the same materials as those of the primary dwelling;
Carports that are aluminum or carports that are not covered by the same or substantially the same materials as those Page 75 of139 CODING:
and c.
Patios that have a roof covering that is constructed of materials that are not the same or substantially the same materials as those of the primary dwelling.
The corporation shall make available a policy for mobile homes Page 76 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 or manufactured homes for a minimum insured value of at least $3,000.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 of the primary dwelling;
and c.
Patios that have a roof covering that is constructed of materials that are not the same or substantially the same materials as those of the primary dwelling.
The corporation shall make available a policy for mobile homes or manufactured homes for a minimum insured value of at least $3,000.
As of January 1, 2012, unless the Citizens account has been established pursuant to sub-subparagraph (b)2.b., Must require that the agent obtain from an applicant for coverage from the corporation the following an acknowledgment signed by the applicant, which includes, at a minimum, the following statement:
As of January 1, 2012, unless the Citizens account has been established pursuant to sub-subparagraph (b)2.b., Must require that the agent obtain from an applicant Page 76 of139 CODING:
ACKNOWLEDGMENT OF POTENTIAL SURCHARGE AND ASSESSMENT LIABILITY:
1.
AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE Page 77 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON, MY POLICY COULD BE SUBJECT TO SURCHARGES AND ASSESSMENTS, WHICH WILL BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE POLICY, AND THAT THE SURCHARGES AND ASSESSMENTS COULD BE AS HIGH AS 25 45 PERCENT OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE.
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 for coverage from the corporation the following an acknowledgment signed by the applicant, which includes, at a minimum, the following statement:
ACKNOWLEDGMENT OF POTENTIAL SURCHARGE AND ASSESSMENT LIABILITY:
1.
AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON, MY POLICY COULD BE SUBJECT TO SURCHARGES AND ASSESSMENTS, WHICH WILL BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE POLICY, AND THAT THE SURCHARGES AND ASSESSMENTS COULD BE AS HIGH AS 25 45 PERCENT OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE.
I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE STATE OF FLORIDA.
I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE Page 77 of139 CODING:
b.
The corporation must require, if it has established the Citizens account pursuant to sub-subparagraph (b)2.b., that the agent obtain from an applicant for coverage from the corporation the following acknowledgment signed by the applicant, which Page 78 of140 CODING:
hb1503-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1503 2024 includes, at a minimum, the following statement:
hb1503-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1503 2024 CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE STATE OF FLORIDA.
b.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill revises requirements related to flood insurance for personal lines residential risks under the Citizens Property Insurance Corporation and makes various amendments to related provisions.

  • Section 627.351

    Except as otherwise provided in this paragraph, the corporation shall require the securing and maintaining of flood insurance as a condition of coverage of a personal lines residential risk. → The corporation shall require the securing and maintaining of flood insurance as a condition of coverage of a personal lines residential risk.

    The requirement for flood insurance remains, but the language has been clarified.

  • Section 627.351

    The insured or applicant must execute a form approved by the office affirming that flood insurance is not provided by the corporation and that if flood insurance is not secured by the applicant or insured from an insurer other than the corporation and in addition to coverage by the corporation, the risk will not be eligible for coverage by the corporation. → The insured or applicant must execute a form approved by the office affirming that flood insurance is not provided by the corporation and that if flood insurance is not secured by the applicant or insured from an insurer other than the corporation, the risk will not be eligible for coverage by the corporation.

    This change emphasizes the necessity of securing flood insurance for eligibility under the corporation.

  • Section 627.351(6)(aa)

    The corporation may deny coverage of a personal lines residential risk to an applicant or insured who refuses to secure and maintain flood insurance. → The corporation may deny coverage of a personal lines residential risk to an applicant or insured who refuses to secure and maintain flood insurance.

    Affirms that coverage can be denied if flood insurance is not obtained.

  • Section 627.351

    Except as provided in subparagraphs 2. and 3., all personal lines residential policyholders must have flood coverage in place for policies effective on or after: January 1, 2024, for a structure that has a dwelling replacement cost of $600,000 or more. January 1, 2025, for a structure that has a dwelling replacement cost of $500,000 or more. January 1, 2026, for a structure that has a dwelling replacement cost of $400,000 or more. January 1, 2027, for all other personal lines residential property insured by the corporation. → All personal lines residential policyholders must have flood coverage in place for policies effective on or after: January 1, 2024, for a structure that has a dwelling replacement cost of $600,000 or more; January 1, 2025, for a structure that has a dwelling replacement cost of $500,000 or more; January 1, 2026, for a structure that has a dwelling replacement cost of $400,000 or more; January 1, 2027, for all other personal lines residential property insured by the corporation.

    Establishes a phased requirement for flood insurance based on dwelling value.

  • Section 627.351

    At the time of initial policy issuance for all new personal lines residential policies issued by the corporation on or after April 1, 2023. → At the time of initial policy issuance for all new personal lines residential policies issued by the corporation.

    Aligns the requirement to have flood coverage with specific issuance dates.

  • Section 627.351

    By the time of the policy renewal for all personal lines residential policies renewing on or after July 1, 2023. → By the time of the policy renewal for all personal lines residential policies renewing.

    Clarifies renewal requirements for flood insurance.

  • Section 627.351

    Policies that do not provide coverage for the peril of wind. → Policies that do not provide coverage for the peril of wind or condominium unit owners.

    Excludes specific policies from the flood insurance requirement.

  • Section 627.351

    The flood insurance required under this paragraph must meet, at a minimum, the dwelling coverage available from the National Flood Insurance Program or the requirements of subparagraphs s. 627.715(1)(a)1., 2., and 3. → The flood insurance required under this paragraph must meet, at a minimum, the dwelling coverage available.

    Specifies the baseline coverage requirement for flood insurance.

Action History

  1. Chapter No. 2024-179

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered engrossed, then enrolled

  5. CS passed as amended; YEAS 113, NAYS 0

  6. Amendment 102780 Concur

  7. Added to Senate Message List

  8. In Messages

  9. CS passed as amended; YEAS 40 NAYS 0

  10. Read 3rd time

  11. Amendment(s) adopted (102780)

  12. Read 2nd time

  13. Substituted for CS/CS/SB 1716

  14. Placed on Calendar, on 2nd reading

  15. Withdrawn from Fiscal Policy

  16. Received

  17. Referred to Fiscal Policy

  18. In Messages

  19. CS passed as amended; YEAS 81, NAYS 28

  20. Read 3rd time

  21. Added to Third Reading Calendar

  22. Placed on 3rd reading

  23. Amendment 681737 adopted

  24. Read 2nd time

  25. 1st Reading (Committee Substitute 2)

  26. Bill added to Special Order Calendar (2/29/2024)

  27. Bill referred to House Calendar

  28. CS Filed

  29. Laid on Table under Rule 7.18(a)

  30. Reported out of Commerce Committee

  31. Favorable with CS by Commerce Committee

  32. PCS added to Commerce Committee agenda

  33. 1st Reading (Committee Substitute 1)

  34. Now in Commerce Committee

  35. Referred to Commerce Committee

  36. CS Filed

  37. Laid on Table under Rule 7.18(a)

  38. Reported out of Insurance & Banking Subcommittee

  39. Favorable with CS by Insurance & Banking Subcommittee

  40. PCS added to Insurance & Banking Subcommittee agenda

  41. Now in Insurance & Banking Subcommittee

  42. Referred to Commerce Committee

  43. Referred to Insurance & Banking Subcommittee

  44. 1st Reading (Original Filed Version)

  45. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 3 co-sponsors · 158 not signed on · 23 voted No

Sponsors (3)

Co-sponsors (3)

Not signed on (158)

158 members have not signed on to this bill.

Show all 158 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 113 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 63003
Unaffiliated 23002
Democrat 27002
Total 113007
% of votes cast 94%0%0%6%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Rommel — Yea
Benjamin — Yea
Roth — Yea
Rudman — Yea
Silvers — Yea
Keen — Yea
Killebrew — Yea
Stevenson — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Yea
Williams — Yea
Beltran — Not Voting
Casello — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Not Voting
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Not Voting
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Not Voting
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Not Voting
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Not Voting
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Third Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 22000
Democrat 6000
Unaffiliated 11000
No Party Affiliation 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Powell — Yea
Baxley — Yea
Book — Yea
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Yea
Broxson — Yea
Collins — Yea
Perry — Yea
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passage, Third Reading

Passed 81 Yea · 28 Nay · 11 Other
Party YeaNayPresentNot Voting
Republican 60204
Democrat 42104
Unaffiliated 17503
Total 8128011
% of votes cast 68%23%0%9%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Beltran — Yea
Rommel — Yea
Benjamin — Nay
Roth — Yea
Rudman — Yea
Silvers — Nay
Keen — Nay
Stevenson — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Nay
Williams — Nay
Killebrew — Not Voting
Casello — Not Voting
Lopez, V. — Not Voting
Antone, Bruce Hadley Democrat Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Nay
Bracy Davis, LaVon Democrat Nay
Campbell, Daryl Democrat Nay
Chambliss, Kevin D. Democrat Not Voting
Cross, Lindsay Democrat Nay
Daley, Dan Democrat Nay
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Nay
Dunkley, Lisa Democrat Nay
Edmonds, Jervonte "Tae" Democrat Nay
Eskamani, Dr. Anna V. Democrat Nay
Franklin II, Gallop Democrat Nay
Gantt, Ashley Viola Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Nay
Hart-Lowman, Dianne "Ms Dee" Democrat Not Voting
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Nay
López, Johanna Democrat Nay
Nixon, Angela "Angie" Democrat Not Voting
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Not Voting
Skidmore, Kelly Democrat Nay
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Nay
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Not Voting
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Not Voting
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Nay
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Not Voting
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Not Voting
Melo, Lauren Republican Yea
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Yea
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Nay
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 1503 do?
Citizens Property Insurance Corporation; Revises circumstances under which certain insurers' association shall levy market equalization surcharges on policyholders; provides that certain accounts for Citizens Property Insurance Corporation revenues, assets, liability, losses, & expenses are now maintained as Citizens account; revises requirements for certain coverages by corporation; requires inclusion of quota share primary insurance in certain policies; specifies that certain provisions apply to personal lines residential risks that are primary residences and to personal lines residential risks that are not primary residences; provides that comparisons of comparable coverages under certain personal lines residential risks & commercial lines residential risks do not apply to policies that do not cover primary residences; provides that certain risks that could not be insured under standard policies are eligible for certain basic policies; revises corporation's plan of operation.
Who sponsors HB 1503?
HB 1503 is sponsored by Commerce Committee, Esposito, Tiffany (Republican), Barnaby, Webster (Republican), Snyder, John (Republican), Truenow, Keith L. (Republican), and Insurance & Banking Subcommittee.
What is the current status of HB 1503?
This bill has been enacted into law. Introduced January 08, 2024. Enacted.
Where can I track HB 1503?
Track HB 1503 free on One Click Politics — get push/email alerts when it moves.

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