The concept behind the Florida legislation is that old adage, "if you build it, they will come."

Related: Examining the insurance problem in Florida

Drafting a framework for the country

Earlier this summer, a team of us worked with Florida Representative David Santiago (R-Deltona) and Senator Jeff Brandes (R-Pinellas County) in crafting simple and permissive language to create and nurture a flexible and transparent private flood insurance regulatory framework in every state in the country.  The result is this draft flood insurance narrative that was presented at the NCOIL meeting as a proposed Part V to NCOIL's national model flood disaster relief bill. It's based on Section 627.715 of Florida Statutes, which is Florida's private flood insurance law, first enacted in 2015.

Florida's flood insurance laws are simple and flexible, with the goal to provide consumer choices and alternatives to the debt-ridden, outdated, and increasingly expensive NFIP.

The draft narrative language provides the following:

• Form approval if the regulator currently requires such to ensure policies meet or exceed available NFIP coverage
• The ability for insurance companies to test rates in the market without prior approval
• Notice of intent from insurance companies to regulators to enter the market
• Consumer education by insurance agents about flood peril and the coverages available
• Regulator certification that the policies are adequate to meet banking regulation mandates in mortgages

Most of the provisions in the draft narrative have the word "may," so the provisions are permissive. It is written in a manner that is not technical, is an easy read, and can serve as the framework for states wishing to reduce their reliance on federal flood insurance.

As a regulatory consultant to investors who are entering Florida's insurance market, I know our insurance commissioner's office gets calls regularly from interested parties that want to write flood insurance in Florida to help our citizens protect against flood; the goal here is to help that success occur in other states.

It is also our goal to educate other states' legislators about the concepts in this language that have been tried and tested in Florida, working with all trade groups and industry stakeholders who came around the table to make it successful. Many in the industry were concerned that this language, while primarily permissive throughout with the use of "may" instead of "shall," was overreaching and many believe still, that states do not need this at all to promote a private flood insurance market.