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Leaders tout insurance reform

By DAVID DeCAMP
Published November 30, 2006

Lawmakers for Pasco and Hernando counties, where residents have faced some of the highest insurance hikes in the state, plan to seek more reforms on sinkhole coverage and state-run Citizens Property Insurance Corp. during the newly-announced special legislative session.

Their challenge will be convincing fellow lawmakers their proposals fit within the framework House and Senate leaders choose for the session, set to begin Jan. 16. Much of the early emphasis has been on easing strains on reinsurance, which is backup insurance for insurers, and programs to harden homes against hurricanes.

"I'm telling you right now, it's not easy," said newly-elected state Rep. Will Weatherford, R-Wesley Chapel, who previously was an aide to former Speaker Allan Bense. "Whenever there's a special session, they [leaders] always are attempting to keep it narrowly designed."

State Sen. Mike Fasano, whose district includes Pasco and Hernando, wants to repeal requirements in a bill passed in May that requires Citizens to charge rates to reflect the costs of reinsurance. But Floridians' insurer of last resort - and Pasco's largest carrier - does not buy reinsurance, though private companies do.

The mandate will trigger an average statewide increase of 55.8 percent starting March 1. But owners of 161 commercial properties in Hernando and Pasco could face hikes as high as 420 percent because of the changes. The areas already have some of Florida's highest rates.

State Rep. John Legg, R-Port Richey, is seeking tighter definitions of sinkholes. He hopes to change state law to say that subtle cracking or sinking does not qualify as a sinkhole. Fasano said he will support the new definitions, which are still being drafted, in the Senate. The tougher standard echoes advice by Jacksonville attorney Timothy Volpe, who was hired by Pasco County to help argue for lower rates for residents. They believe recent changes did not go far enough.

Pasco and Hernando have produced most of the state's sinkhole claims, prompting high rate increases by Citizens and private insurers, many of whom stopped writing policies in the area.

Fasano also wants to revive a bill requiring insurers to offer coverage in Florida that they offer elsewhere. Dubbed the "anticherry picking" bill, it would require insurers to offer homeowners insurance in Florida if they write other kinds of Florida policies and offer property insurance elsewhere.

That bill died in committee last spring, but Fasano said he has higher hopes because Governor-elect Charlie Crist supported the idea during this fall's campaign.

Fasano also wants the state to use affordable housing money to create a $500-million grant program to help people pay for increased insurance premiums. State Rep. Tom Anderson, R-Dunedin, is supporting the proposal in the House.

At least some of the proposals face opposition from one quarter or another, though.

Insurance lobbyists say the reinsurance requirement for Citizens is necessary so private insurers and the state insurer operate on a level playing field. A recent proposal from Gov. Jeb Bush and the Bush-created insurance reform committee kept the requirement.

Insurers, whose lobby is powerful, also oppose the "anticherry picking" bill. Officials with the Florida Insurance Council, a trade group, have predicted insurance companies would leave the state rather than abide by the new law.

"They're not writing policies now," Fasano countered, "and Citizens keeps growing, growing, growing."

The idea also was rejected by the reform committee, but consumer activists support it.

"It definitely will be an uphill battle," Legg said.

David DeCamp can be reached at 727 869-6232 or ddecamp@sptimes.com

[Last modified November 29, 2006, 21:13:53]