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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB's 2860 & 1196

340788

CHAMBER ACTION

Senate

Floor: 6/F/2R

4/10/2008 11:05 AM

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House



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Senator Lawson moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 1645-1701

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and insert:

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     5.  Effective January 1, 2009, a personal lines residential

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structure that has a dwelling replacement cost of $1 million or

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more, or a single condominium unit that has a combined dwelling

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and content replacement cost of $1 million or more is not

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eligible for coverage by the corporation. Such dwellings insured

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by the corporation on December 31, 2008, may continue to be

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covered by the corporation until the end of the policy term.

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However, such dwellings that are insured by the corporation and

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become ineligible for coverage due to the provisions of this

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subparagraph may reapply and obtain coverage in the high-risk

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account and be considered "nonhomestead property" if the property

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owner provides the corporation with a sworn affidavit from one or

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more insurance agents, on a form provided by the corporation,

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stating that the agents have made their best efforts to obtain

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coverage and that the property has been rejected for coverage by

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at least one authorized insurer and at least three surplus lines

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insurers. If such conditions are met, the dwelling may be insured

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by the corporation for up to 3 years, after which time the

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dwelling is ineligible for coverage. The office shall approve the

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method used by the corporation for valuing the dwelling

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replacement cost for the purposes of this subparagraph. If a

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policyholder is insured by the corporation prior to being

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determined to be ineligible pursuant to this subparagraph and

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such policyholder files a lawsuit challenging the determination,

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the policyholder may remain insured by the corporation until the

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conclusion of the litigation.

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     6.  For properties constructed on or after January 1, 2009,

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the corporation may not insure any property located within 2,500

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feet landward of the coastal construction control line created

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pursuant to s. 161.053 unless the property meets the requirements

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of the code-plus building standards developed by the Florida

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Building Commission.

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     7.  It is the intent of the Legislature that policyholders,

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applicants, and agents of the corporation receive service and

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treatment of the highest possible level but never less than that

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generally provided in the voluntary market. It also is intended

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that the corporation be held to service standards no less than

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those applied to insurers in the voluntary market by the office

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with respect to responsiveness, timeliness, customer courtesy,

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and overall dealings with policyholders, applicants, or agents of

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the corporation.

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     8.  Effective January 1, 2009, a personal lines residential

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structure that is located in the "wind-borne debris region," as

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defined in s. 1609.2, International Building Code (2006), and

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that has an insured value on the structure of $750,000 or more is

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not eligible for coverage by the corporation unless the structure

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has opening protections as required under the Florida Building

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Code for a newly constructed residential structure in that area.

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A residential structure shall be deemed to comply with the

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requirements of this subparagraph if it has shutters or opening

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protections on all openings and if such opening protections

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complied with the Florida Building Code at the time they were

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installed. Effective January 1, 2011, the requirements of this

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subparagraph apply to a personal lines residential structure that

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is located in the wind-borne debris region and that has an

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insured value on the structure of $500,000 or more.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 136-139

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and insert:

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dwellings as "nonhomestead property"; requiring certain

4/9/2008  4:15:00 PM     6-07169-08

CODING: Words stricken are deletions; words underlined are additions.

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