(1) It is the intent of the Legislature that insurers provide savings to consumers who install or implement windstorm damage mitigation techniques, alterations, or solutions to their properties to prevent windstorm losses. A rate filing for residential property insurance must include actuarially reasonable discounts, credits, or other rate differentials, or appropriate reductions in deductibles, for properties on which fixtures or construction techniques demonstrated to reduce the amount of loss in a windstorm have been installed or implemented. The fixtures or construction techniques must include, but are not limited to, fixtures or construction techniques that enhance roof strength, roof covering performance, roof-to-wall strength, wall-to-floor-to-foundation strength, opening protection, and window, door, and skylight strength. Credits, discounts, or other rate differentials, or appropriate reductions in deductibles, for fixtures and construction techniques that meet the minimum requirements of the Florida Building Code must be included in the rate filing. The office shall determine the discounts, credits, other rate differentials, and appropriate reductions in deductibles that reflect the full actuarial value of such revaluation, which may be used by insurers in rate filings.
(2)(a) A rate filing for residential property insurance made on or before the implementation of paragraph (b) may include rate factors that reflect the manner in which building code enforcement in a particular jurisdiction addresses the risk of wind damage; however, such a rate filing must also provide for variations from such rate factors on an individual basis based on an inspection of a particular structure by a licensed home inspector, which inspection may be at the cost of the insured.
(b) A rate filing for residential property insurance made more than 150 days after approval by the office of a building code rating factor plan submitted by a statewide rating organization shall include positive and negative rate factors that reflect the manner in which building code enforcement in a particular jurisdiction addresses risk of wind damage. The rate filing shall include variations from standard rate factors on an individual basis based on inspection of a particular structure by a licensed home inspector. If an inspection is requested by the insured, the insurer may require the insured to pay the reasonable cost of the inspection. This paragraph applies to structures constructed or renovated after the implementation of this paragraph.
(c) The premium notice shall specify the amount by which the rate has been adjusted as a result of this subsection and shall also specify the maximum possible positive and negative adjustments that are approved for use by the insurer under this subsection.
(3) A rate filing made on or after July 1, 1995, for mobile home owner insurance must include appropriate discounts, credits, or other rate differentials for mobile homes constructed to comply with American Society of Civil Engineers Standard ANSI/ASCE 7-88, adopted by the United States Department of Housing and Urban Development on July 13, 1994, and that also comply with all applicable tie-down requirements provided by state law.
(4) The Legislature finds that separate consideration and notice of hurricane insurance premiums will assist consumers by providing greater assurance that hurricane premiums are lawful and by providing more complete information regarding the components of property insurance premiums. Effective January 1, 1997, a rate filing for residential property insurance shall be separated into two components, rates for hurricane coverage and rates for all other coverages. A premium notice reflecting a rate implemented on the basis of such a filing shall separately indicate the premium for hurricane coverage and the premium for all other coverages.
(5) In order to provide an appropriate transition period, an insurer may implement an approved rate filing for residential property insurance over a period of years. Such insurer must provide an informational notice to the office setting out its schedule for implementation of the phased-in rate filing.
(6) Any rate filing that is based in whole or part on data from a computer model may not exceed 15 percent unless there is a public hearing.
(7) An insurer may implement appropriate discounts or other rate differentials of up to 10 percent of the annual premium to mobile home owners who provide to the insurer evidence of a current inspection of tie-downs for the mobile home, certifying that the tie-downs have been properly installed and are in good condition.
(8) A property insurance rate filing that includes any adjustments related to premiums paid to the Florida Hurricane Catastrophe Fund must include a complete calculation of the insurer’s catastrophe load, and the information in the filing may not be limited solely to recovery of moneys paid to the fund.
History.—s. 13, ch. 93-410; s. 7, ch. 95-276; s. 7, ch. 96-194; s. 4, ch. 97-55; s. 99, ch. 2000-141; ss. 34, 42, ch. 2001-186; ss. 3, 9, ch. 2001-372; s. 20, ch. 2002-293; s. 1067, ch. 2003-261; s. 5, ch. 2005-111; s. 14, ch. 2006-12; ss. 19, 44, ch. 2007-1; s. 12, ch. 2008-66; s. 9, ch. 2009-87; s. 1, ch. 2011-12; s. 14, ch. 2011-39; s. 432, ch. 2011-142; s. 6, ch. 2013-60; s. 39, ch. 2017-3.
Structure Florida Statutes
Chapter 627 - Insurance Rates and Contracts
Part I - Rates and Rating Organizations (Ss. 627.011-627.381)
627.031 - Purposes of this part; interpretation.
627.0612 - Administrative proceedings in rating determinations.
627.0621 - Transparency in rate regulation.
627.0625 - Commercial property and casualty risk management plans.
627.06281 - Public hurricane loss projection model; reporting of data by insurers.
627.0629 - Residential property insurance; rate filings.
627.06291 - Excess profits of residential property insurer; return.
627.06292 - Reports of hurricane loss data and associated exposure data; public records exemption.
627.06501 - Insurance discounts for certain persons completing driver improvement course.
627.0651 - Making and use of rates for motor vehicle insurance.
627.0652 - Insurance discounts for certain persons completing safety course.
627.0653 - Insurance discounts for specified motor vehicle equipment.
627.06535 - Electric vehicles; restrictions on imposing surcharges.
627.0654 - Insurance discounts for buildings with fire sprinklers.
627.0655 - Policyholder loss or expense-related premium discounts.
627.066 - Excessive profits for motor vehicle insurance prohibited.
627.0665 - Automatic bank withdrawal agreements; notification required.
627.072 - Making and use of rates.
627.091 - Rate filings; workers’ compensation and employer’s liability insurances.
627.0915 - Rate filings; workers’ compensation, drug-free workplace, and safe employers.
627.0916 - Agricultural horse farms.
627.092 - Workers’ Compensation Administrator.
627.093 - Application of s. 286.011 to workers’ compensation and employer’s liability insurances.
627.096 - Workers’ Compensation Rating Bureau.
627.101 - When filing becomes effective; workers’ compensation and employer’s liability insurances.
627.111 - Effective date of filing.
627.1615 - Workers’ compensation applicant discrimination.
627.191 - Adherence to filings; workers’ compensation and employer’s liability insurances.
627.192 - Workers’ compensation insurance; employee leasing arrangements.
627.211 - Deviations; workers’ compensation and employer’s liability insurances.
627.212 - Workplace safety program surcharge.
627.215 - Excessive profits for commercial property and commercial casualty insurance prohibited.
627.221 - Rating organizations; licensing; fee.
627.231 - Subscribers to rating organizations.
627.251 - Bureau rules not to affect dividends.
627.261 - Actuarial and technical services.
627.285 - Independent actuarial peer review of workers’ compensation rating organization.
627.301 - Advisory organizations.
627.311 - Joint underwriters and joint reinsurers; public records and public meetings exemptions.
627.312 - Transitional provisions.
627.3121 - Public records and public meetings exemptions.
627.313 - Workers’ Compensation Joint Underwriting Plan; audit requirements.
627.314 - Concerted action by two or more insurers.
627.331 - Recording and reporting of loss, expense, and claims experience; rating information.
627.351 - Insurance risk apportionment plans.
627.3511 - Depopulation of Citizens Property Insurance Corporation.
627.3512 - Recoupment of residual market deficit assessments.
627.3513 - Standards for sale of bonds by Citizens Property Insurance Corporation.
627.3515 - Market assistance plan; property and casualty risks.
627.3518 - Citizens Property Insurance Corporation policyholder eligibility clearinghouse program.
627.352 - Security of data and information technology in Citizens Property Insurance Corporation.
627.357 - Medical malpractice self-insurance.