Citizens Property Insurance Corporation ("Citizens")

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1 Citizens Prperty Insurance Crpratin ("Citizens") Deletes the requirement that Citizens charge rates sufficient t purchase reinsurance t cver specified levels f prbable maximum lss fr each f its three accunts. Deletes the requirement that Citizens' rates be nn-cmpetitive and n lwer than the tp 20 insurers. Requires rates t be actuarially sund and subject t the standards that generally apply t prperty insurers under , F.S. (prhibits prperty insurance rates that are excessive, inadequate, r unfairly discriminatry). Rescinds the apprved rate increase that tk effect January 1, Requires Citizens t prvide refunds t persns wh have paid this rate. Freezes rates at Dec. 31, 2006, level fr remainder f 2007 (thugh rates may be decreased). Requires new (actuarially sund) rate filing, effective January 1, Delays until 2008, the requirements that Citizens impse up t a 10 percent f premium assessment n all nn-hmestead plicyhlders if a deficit ccurs, and if that surcharge is insufficient, that Citizens impse a 10 percent renewal surcharge n all Citizens' plicyhlders. Delays until 2008, the requirement that Citizens impse a 10 percent renewal surcharge n all Citizens' plicyhlders after a deficit if the first 10 percent surcharge n nn-hmestead plicyhlders is nt sufficient. Requires the Office f Insurance Regulatin (OIR) t annually establish Citizens' rates within 45 days after Citizens files recmmended rates. Requires Citizens t exempt plicies frm the 10-day waiting perid fr a real estate clsing. As f January 1, 2009, t qualify fr Citizens, prperties ver 500 t 2,500 feet landward f the Castal Cnstructin Cntrl Line must be built t "Cde-Plus" building standards develped by the Flrida Building Cmmissin. Deletes prvisin making nn-hmestead plicyhlders ineligible fr Citizens' cverage effective March 1, 2007, unless three surplus lines insurers and ne authrized insurer reject cverage. Prvides that if a new applicant t Citizens is ffered cverage frm an insurer at the insurer's apprved rate, then that plicyhlder is nt eligible fr a Citizens' plicy, unless the insurer's premium is mre than 25 percent greater than the premium fr cmparable cverage prvided by Citizens. Hwever, with regard t a plicyhlder f Citizens, the plicyhlder remains eligible fr cverage frm Citizens regardless f any ffer f cverage frm a private market insurer. Requires the Flrida Market Assistance Plan t develp a database fr this purpse. Authrizes Citizens t prvide cmmercial (business) cverage statewide and requires the OIR t rder the transfer f cmmercial cverage t Citizens frm the Prperty and Casualty Jint Underwriting Assciatin. Authrizes Citizens t write multi-peril plicies (as well as wind-nly plicies) in the areas eligible fr cverage in the High-Risk Accunt, subject t apprval by the Financial Services Cmmissin and the Legislative Budget Cmmissin.

2 Expands the assessment base f Citizens (prperty insurance) t be the same as the Flrida Hurricane Catastrphe Fund (prperty and casualty insurance, including aut insurance, but nt wrkers' cmpensatin r accident and health), but exempts medical malpractice insurance. Citizens' plan f peratin may prvide such limits f cverage as the bard determines apprpriate. The plan f peratin may require cmmercial prperty t meet specified hurricane mitigatin cnstructin features as a cnditin f eligibility fr cverage. Clarifies that takeut plicies remved frm Citizens are cnsidered t be the sle bligatin and direct insurance f the takeut cmpany (Citizens des nt retain liability fr such plicies). Requires Citizens t be subject t assessments levied by the Flrida Insurance Guaranty Assciatin. Allws the State Bard f Administratin t invest and manage the assets f Citizens. Clarifies that the appinting fficers may recall members f the Citizens Bard f Directrs at will. Creates the Task Frce n Citizens Prperty Insurance Claims Handling and Reslutin. The task frce has seven members, and is t cnduct research and hearings and make recmmendatins as t issues regarding Citizens, including imprving custmer service and claims handling, and make recmmendatins as it deems apprpriate fr legislative actin during the legislative biennium. The task frce expires after the legislative biennium. Cverage Exclusins; Deductibles; Payment f Premium Requires insurers t make available t plicyhlders the ptin t exclude windstrm cverage, if the plicyhlder persnally writes a statement that he/she des nt want such cverage and prvides dcumentatin f apprval by any mrtgage r lien hlder. Eliminates maximum allwable deductibles, but requires a written statement by the plicyhlder and apprval by a mrtgage r lien hlder if the deductible is in excess f 10 percent fr a hme valued at less than $500,000. Prhibits prperty insurers frm denying cverage based slely n the age f the structure and requires cnsideratin f wind resistance f structure. Requires an insurer t prvide the plicyhlder the ptin f selecting an apprpriate reductin in the plicy's hurricane deductible r selecting the apprpriate discunt credit r ther rate differential. Requires insurers t make available t plicyhlders the ptin t exclude cverage fr cntents, if the plicyhlder persnally writes a statement that he des nt want such cverage. Requires insurers t allw persnal lines residential and cmmercial plicyhlders t pay premiums n a quarterly r semiannual installment plan.

3 Insurance Rating Law; Discunts; Premium Ntice; Timely Payment f Claims Requires the chief executive fficer r chief financial fficer and the chief actuary f a prperty insurer t sign a swrn certificatin, subject t perjury and administrative penalties, that the infrmatin in the rate filing des nt cntain any untrue statements f a material fact r mit material facts and reflects premium savings that are reasnably expected t result frm legislative enactments and are in accrdance with accepted actuarial techniques. Prhibits excess prfits by prperty insurers and requires refunds t cnsumers f any excess prfits cllected by an insurer ver a ten-year perid, if certain threshlds are met. Allws a prperty and casualty insurer t ffer a discunt n a plicy based n the fact that the insured purchased anther plicy frm the insurer. Requires ntice f nn-renewals that wuld therwise be effective during strm seasn t be 100 days prir t effective date r June 1, whichever is earlier. Requires insurers t specify n the renewal premium ntice: The amunt f an assessment by the Flrida Hurricane Catastrphe Fund, Citizens Prperty Insurance Crpratin, and the Flrida Insurance Guaranty Assciatin, and the full name f the assessing authrity. The amunt f premium change due t a change in rate r cverage. Deletes "rate-flex" prvisin that allws residential prperty insurers t increase r decrease rates by up t five percent n a statewide average, r 10 percent fr any territry, withut being subject t a determinatin by the OIR that the rate is excessive r unfairly discriminatry. Prhibits thrugh Jan 1, 2009, the allwance fr prperty and casualty insurers t implement a rate change prir t filing fr apprval with OIR ("use and file"), unless the insurer files fr a rate that is less than the insurer's mst recent rate apprved by the OIR. All filings that d nt seek a lwer rate must be made under the "file and use" prcedures that require filing at least 90 days prir t the prpsed effective date. Requires prperty insurers t pay r deny a claim within 90 days f the receipt f the claim, unless the failure t pay the claim is caused by factrs beynd the cntrl f the insurer that reasnably prevent payment. Failure t cmply with this requirement is a vilatin f the Insurance Cde. Suspends the allwance fr prperty and casualty insurers t submit a rate filing disapprved by the OIR t an arbitratin panel fr final reslutin fr all filings made after the act's effective date until January 1, Insurer Affiliates and Subsidiaries ("PUPs") Raises the surplus t plicyhlders' requirement t $50 millin fr a dmestic residential prperty insurer that is a whlly-wned subsidiary f an insurer authrized t d business in anther state.

4 "Cherry Picking" (Aut Insurers) Requires insurers writing private passenger autmbile insurance in Flrida and that write hmewners plicies in ther states, t write hmewners cverage in Flrida, unless an affiliate writes hmewners insurance in Flrida. Effective 1/1/08. Hurricane Mitigatin Requires the Financial Services Cmmissin t develp by rule a unifrm mitigatin verificatin inspectin frm that must be used by all insurers t factr discunts fr wind insurance. Makes the fllwing changes t grant prgram within the Flrida Cmprehensive Hurricane Damage Mitigatin Prgram: Lw-incme hmewners are exempt frm the requirement t have a dwelling with an "insured value" f $500,000 r less (i.e., the hme des nt have t be insured). Grants may be used n previusly inspected existing structures r a sitebuilt single-family dwelling that is under cnstructin t replace a hmestead damaged r destryed by a hurricane (rebuild). Lw-incme hmewners may use grant funding fr repair t existing structures leading t mitigatin imprvements. Authrizes the DFS t cntract with a nt-fr-prfit crpratin t cnduct all r parts f the Flrida Cmprehensive Hurricane Damage Mitigatin Prgram. Requires wind inspectrs t have a level tw backgrund check, which includes fingerprinting. Requires the DFS t develp and maintain as a public recrd, a statewide list f authrized wind certificatin and hurricane mitigatin inspectrs. Requires the Financial Services Cmmissin t develp a unifrm hme grading scale t grade a hme's ability t withstand the wind-lad frm a hurricane. Each licensed general lines insurance agent and cnsumer representative must cmplete ne hur f cntinuing educatin every tw years regarding premium discunts available n prperty insurance plicies based n hurricane mitigatin ptins and the means f btaining the discunts. Requires insurers t prvide ntice f cmbinatins f discunts, credits, rate differentials, r reductins in deductibles, fr windstrm mitigatin. Requires insurers t ffer deductible reductins fr mitigatin measures. Windstrm Mitigatin Study Cmmissin Requires appintment f a windstrm mitigatin study cmmissin t reprt by March 6, The cmmittee shall analyze slutins fr mitigating the effects f windstrms n structures and make recmmendatins fr mitigating windstrm

5 damage. The cmmittee shall have eight members, with the Gvernr, President f the Senate, Speaker f the Huse, and Chief Financial Officer each selecting tw members. The cmmittee expires May 15, Flrida Building Cde Eliminates the "Panhandle exemptin" by: Requiring lcal jurisdictins t immediately enfrce these requirements pending adptin by the Cmmissin, including windbrne debris requirements f the Internatinal Building Cde (2006) and the Internatinal Residential Cde (2006). Requiring the Flrida Building Cmmissin t adpt the wind-brnedebris prtectin requirements f the Internatinal Building Cde (2006) and the Internatinal Residential Cde (2006) within the wind-brnedebris regin as defined by thse cdes. Prhibits amendments r mdificatins t the fundatin cdes f the Flrida Building Cde that diminish prvisins related t wind-resistance r water intrusin. Hwever, the cmmissin may amend such prvisins t enhance thse requirements. Requires the Flrida Building Cmmissin t eliminate all exceptins in the Flrida Building Cde related t wind-brne-debris prtectin per the requirements f Sectin 15 f SB 4A. Cmmissin shall fulfill bligatin befre July 1, Des nt apply t the High Velcity Hurricane Zne. Deletes the internal pressurizatin ptin fr buildings in the 120 mph+ wind zne. Requires the Flrida Building Cmmissin t develp vluntary "Cde-Plus" guidelines fr increasing the hurricane resistance f buildings that may be mdeled n the Miami-Dade building cde. Insurance Cnsumer Advcate Requires the Insurance Cnsumer Advcate t prvide an annual reprt card n insurance cmpanies using a letter grade scale established by the Financial Services Cmmissin. Self-Insurance Funds; Bnding Authrity Hspitals risk pling and self-insurance funds: Allws alliances f tw r mre hspitals licensed and lcated in Flrida fr prperty cverage. Prvides requirements fr hspital alliance self-insurance funds.

6 Allws the alliance f hspitals in special districts, cunty hspitals, r municipal hspitals t brrw and bnd t finance prperty cverage and claims. Prvides bnding guidelines. Lcal gvernment risk pling and self-insurance funds: Allws lcal gvernments t self-insure fr prperty cverage. Allws gvernmental entities t bnd t finance prperty cverage and claims. Cmmunity assciatin self-insurance funds: Allws ne r mre cmmunity assciatins created and perating as cndminium, c-p, hmewners, timeshare and vacatin, and mbile hme park lt tenant assciatins t apply t OIR t frm a cmmercial self-insurance fund fr prperty and casualty insurance. Nt-fr-prfit self-insurance funds: Allws tw r mre nt-fr-prfit crpratins t create a self-insurance fund fr prperty r casualty insurance, under certain cnditins. Insurance fr Cndminiums and Similar Entities Mdifies insurance prvisins in the Cndminium Act: Limits insurance requirements in the Cndminium Act t "residential" cndminiums, as currently defined (generally, a cndminium cnsisting f tw r mre units used as a private temprary r permanent residence). Specifies "adequate insurance" under the act fr a grup f at least three cmmunities perating as residential cndminiums, cperatives, hmewners' assciatins, r timeshare entities. Reinsurance Authrizes the OIR t waive r lwer the depsit requirement fr reinsurers licensed in ther cuntries, based n criteria related t the financial strength f the insurer and the quality f the regulatry jurisdictin. Catastrphic Grund Cver Cllapse Cverage; Sinkhles Requires prperty insurers t prvide cverage fr catastrphic grund cver cllapse, defined as gelgical activity that: Results in the abrupt cllapse f the grund cver that is clearly visible t the naked eye; Results in structural damage t the building and its fundatin; and The insured structure being cndemned and rdered t be vacated by the apprpriate gvernmental agency.

7 Cntents cverage shall apply if there is a lss resulting frm a catastrphic grund cver cllapse. Structural damage cnsisting merely frm the settling r cracking f a fundatin, structure, r building des nt cnstitute a lss resulting frm a catastrphic grund cver cllapse. Insurers must cntinue t make sinkhle cverage as currently defined in statute available fr an apprpriate additinal premium. Insurers ffering plicies that exclude cverage fr sinkhle lsses must prvide written ntice t the plicyhlder in 14-pint type. Hurricane Claims Data Authrizes OIR t require prperty insurers t reprt additinal data n hurricane claims. Flrida Disaster Recvery Initiative (FDRI) Fr fiscal year , prvides an apprpriatin f $100,066,518 frm the Flrida Small Cities Cmmunity Develpment Blck Grant prgram fund t the Department f Cmmunity Affairs. The funding must be used t harden singlefamily and multi-family affrdable husing, t mitigate against hurricane damage and increasing csts f prperty insurance. Flrida Insurance Guaranty Assciatin (FIGA) Clarifies the Legislature's intent f a 2006 law (Ch , L.O.F.) that FIGA has the authrity t use an emergency assessment f up t tw percent f premium t either directly pay the cvered claims f inslvent insurers r t utilize such emergency assessment prceeds t retire the indebtedness f bnds. Legislative Intent fr Grant Prgram t Lw-Incme Persns States the Legislature intends t create during the 2007 Legislative Sessin a grant prgram t facilitate the purchase f prperty insurance by lw-incme persns as defined in (8), F.S., t prtect their hmestead prperty. Insurance Capital Build-Up Incentive Prgram Allws an insurer writing nly manufactured husing residential prperty insurance t qualify fr a surplus nte f up t $7 millin, if the insurer's surplus, new capital, and the surplus nte ttal at least $14 millin. Such an insurer is given pririty t receive a surplus nte under the prgram.

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