Florida Senate - 2012                             CS for SB 1346
       
       
       
       By the Committee on Budget; and Senators Oelrich and Lynn
       
       
       
       
       576-04508-12                                          20121346c1
    1                        A bill to be entitled                      
    2         An act relating to property insurance; amending s.
    3         215.555, F.S.; revising the definition of “retention”;
    4         providing for the calculation of an insurer’s
    5         reimbursement premium and retention under the
    6         reimbursement contract; revising coverage levels
    7         available under the reimbursement contract; revising
    8         aggregate coverage limits; providing for the phase-in
    9         of changes to coverage levels and limits; amending s.
   10         627.351, F.S.; conforming cross-references; reducing
   11         to 2 percent from 6 percent the amount of the
   12         projected deficit in the coastal account for the prior
   13         calendar year which is recovered through regular
   14         assessments; requiring that remaining projected
   15         deficits in personal and commercial lines accounts be
   16         recovered through emergency assessments after
   17         accounting for the Citizens policyholder surcharge;
   18         requiring the Office of Insurance Regulation of the
   19         Financial Services Commission to notify assessable
   20         insurers and the Florida Surplus Lines Service Office
   21         of the dates assessable insurers shall collect and pay
   22         emergency assessments; removing reference to
   23         recoupment of residual market deficit assessments;
   24         requiring the board of governors to make a
   25         determination that an account has a projected deficit
   26         before it levies a Citizens policyholder surcharge;
   27         requiring that a limited apportionment company begin
   28         collecting regular assessments within 90 days and pay
   29         in full within 15 months after the assessment is
   30         levied; authorizing the Office of Insurance Regulation
   31         to assist the Citizens Property Insurance Corporation
   32         in the collection of assessments; replacing the term
   33         “market equalization surcharge” with the term
   34         “policyholder surcharge”; providing effective dates.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Effective upon this act becoming a law,
   39  paragraph (e) of subsection (2) and paragraphs (b) and (c) of
   40  subsection (4) of section 215.555, Florida Statutes, are amended
   41  to read:
   42         215.555 Florida Hurricane Catastrophe Fund.—
   43         (2) DEFINITIONS.—As used in this section:
   44         (e) “Retention” means the amount of losses below which an
   45  insurer is not entitled to reimbursement from the fund. An
   46  insurer’s retention shall be calculated as follows:
   47         1. The board shall calculate and report to each insurer the
   48  retention multiples for that year.
   49         a. For the contract year beginning June 1, 2005, the
   50  retention multiple shall be equal to $4.5 billion divided by the
   51  total estimated reimbursement premium for the contract year; for
   52  subsequent years, the retention multiple shall be equal to $4.5
   53  billion, adjusted based upon the reported exposure for the
   54  contract year occurring 2 years before the particular contract
   55  year to reflect the percentage growth in exposure to the fund
   56  for covered policies since 2004, divided by the total estimated
   57  reimbursement premium for the contract year.
   58         b. For the 2012-2013 contract year, the total reimbursement
   59  premium for purposes of the calculation under this subparagraph
   60  shall be estimated using the assumption that all insurers have
   61  selected the 90-percent coverage level.
   62         c. In order to implement the phase-in of reduced coverage
   63  levels as provided in paragraph (4)(b), total reimbursement
   64  premium for purposes of the calculation under this subparagraph
   65  shall be estimated using the following assumptions:
   66         (I) For the 2013-2014 contract year, the assumption is that
   67  all insurers have selected the 85-percent coverage level.
   68         (II) For the 2014-2015 contract year and subsequent
   69  contract years, the assumption is that all insurers have
   70  selected the 80-percent coverage level.
   71         2. The retention multiple as determined under subparagraph
   72  1. shall be adjusted to reflect the coverage level elected by
   73  the insurer.
   74         a. For an insurer electing the maximum coverage level
   75  available under paragraph (4)(b) for a particular contract year
   76  For insurers electing the 90-percent coverage level, the
   77  adjusted retention multiple is 100 percent of the amount
   78  determined under subparagraph 1.
   79         b. In order to implement the phase-in of reduced coverage
   80  levels as provided in paragraph (4)(b), for an insurer electing
   81  a coverage level other than the maximum coverage level, the
   82  adjusted retention multiple is as follows:
   83         (I) With respect to the 2012-2013 contract year, for an
   84  insurer For insurers electing the 75-percent coverage level, the
   85  retention multiple is 90/75ths 120 percent of the amount
   86  determined under subparagraph 1., and for an insurer For
   87  insurers electing the 45-percent coverage level, the adjusted
   88  retention multiple is 90/45ths 200 percent of the amount
   89  determined under subparagraph 1.
   90         (II) With respect to the 2013-2014 contract year, for an
   91  insurer electing the 75-percent coverage level, the retention
   92  multiple is 85/75ths of the amount determined under subparagraph
   93  1., and for an insurer electing the 45-percent coverage level,
   94  the retention multiple is 85/45ths of the amount determined
   95  under subparagraph 1.
   96         (III) With respect to the 2014-2015 contract year and
   97  subsequent contract years, for an insurer electing the 75
   98  percent coverage level, the retention multiple is 80/75ths of
   99  the amount determined under subparagraph 1., and for an insurer
  100  electing the 45-percent coverage level, the retention multiple
  101  is 80/45ths of the amount determined under subparagraph 1.
  102         3. An insurer shall determine its provisional retention by
  103  multiplying its provisional reimbursement premium by the
  104  applicable adjusted retention multiple and shall determine its
  105  actual retention by multiplying its actual reimbursement premium
  106  by the applicable adjusted retention multiple.
  107         4. For insurers who experience multiple covered events
  108  causing loss during the contract year, beginning June 1, 2005,
  109  each insurer’s full retention shall be applied to each of the
  110  covered events causing the two largest losses for that insurer.
  111  For each other covered event resulting in losses, the insurer’s
  112  retention shall be reduced to one-third of the full retention.
  113  The reimbursement contract must shall provide for the
  114  reimbursement of losses for each covered event based on the full
  115  retention with adjustments made to reflect the reduced
  116  retentions on or after January 1 of the contract year provided
  117  the insurer reports its losses as specified in the reimbursement
  118  contract.
  119         (4) REIMBURSEMENT CONTRACTS.—
  120         (b)1. The contract shall contain a promise by the board to
  121  reimburse the insurer for a specified percentage 45 percent, 75
  122  percent, or 90 percent of its losses from each covered event in
  123  excess of the insurer’s retention, plus 5 percent of the
  124  reimbursed losses to cover loss adjustment expenses. The
  125  available coverage levels are as follows:
  126         a. For the 2012-2013 contract year, 90 percent, 75 percent,
  127  and 45 percent.
  128         b. For the 2013-2014 contract year, 85 percent, 75 percent,
  129  and 45 percent.
  130         c. For the 2014-2015 contract year and subsequent contract
  131  years, 80 percent, 75 percent, and 45 percent.
  132         2.a. The insurer must elect one of the percentage coverage
  133  levels specified in this paragraph and may, upon renewal of a
  134  reimbursement contract, elect a lower percentage coverage level
  135  if no revenue bonds issued under subsection (6) after a covered
  136  event are outstanding, or elect a higher percentage coverage
  137  level, regardless of whether or not revenue bonds are
  138  outstanding. All members of an insurer group must elect the same
  139  percentage coverage level. A Any joint underwriting association,
  140  risk apportionment plan, or other entity created under s.
  141  627.351 must elect the maximum 90-percent coverage level
  142  available under subparagraph 1.
  143         b. In order to implement the phase-in of reduced coverage
  144  levels as provided in subparagraph 1., and notwithstanding sub
  145  subparagraph a., if revenue bonds issued under subsection (6)
  146  after a covered event are outstanding and the insurer has
  147  elected the maximum coverage level available under subparagraph
  148  1., the insurer must, upon renewal of the reimbursement
  149  contract, elect the maximum coverage level available under
  150  subparagraph 1. for the renewal contract year.
  151         3. The contract must shall provide that reimbursement
  152  amounts shall not be reduced by reinsurance paid or payable to
  153  the insurer from other sources.
  154         4. Notwithstanding any other provision contained in this
  155  section, the board shall make available to insurers that
  156  purchased coverage provided by this subparagraph in 2008,
  157  insurers qualifying as limited apportionment companies under s.
  158  627.351(6)(c), and insurers that have been approved to
  159  participate in the Insurance Capital Build-Up Incentive Program
  160  pursuant to s. 215.5595 a contract or contract addendum that
  161  provides an additional amount of reimbursement coverage of up to
  162  $10 million. The premium to be charged for this additional
  163  reimbursement coverage shall be 50 percent of the additional
  164  reimbursement coverage provided, which must shall include one
  165  prepaid reinstatement. The minimum retention level that an
  166  eligible participating insurer must retain associated with this
  167  additional coverage layer is 30 percent of the insurer’s surplus
  168  as of December 31, 2008, for the 2009-2010 contract year; as of
  169  December 31, 2009, for the 2010-2011 contract year; and as of
  170  December 31, 2010, for the 2011-2012 contract year. This
  171  coverage is shall be in addition to all other coverage that may
  172  be provided under this section. The coverage provided by the
  173  fund under this subparagraph is shall be in addition to the
  174  claims-paying capacity as defined in subparagraph (c)1., but
  175  only with respect to those insurers that select the additional
  176  coverage option and meet the requirements of this subparagraph.
  177  The claims-paying capacity with respect to all other
  178  participating insurers and limited apportionment companies that
  179  do not select the additional coverage option shall be limited to
  180  their reimbursement premium’s proportionate share of the actual
  181  claims-paying capacity otherwise defined in subparagraph (c)1.
  182  and as provided for under the terms of the reimbursement
  183  contract. The optional coverage retention as specified shall be
  184  accessed before the mandatory coverage under the reimbursement
  185  contract, but once the limit of coverage selected under this
  186  option is exhausted, the insurer’s retention under the mandatory
  187  coverage applies will apply. This coverage will apply and be
  188  paid concurrently with mandatory coverage. This subparagraph
  189  expires on May 31, 2012.
  190         (c)1. The contract must shall also provide that the
  191  obligation of the board with respect to all contracts covering a
  192  particular contract year shall not exceed the actual claims
  193  paying capacity of the fund up to the limit specified in this
  194  subparagraph.
  195         a. For the 2012-2013 contract year, the limit is $17
  196  billion.
  197         b. For the 2013-2014 contract year, the limit is $16
  198  billion.
  199         c. For the 2014-2015 contract year, the limit is $15
  200  billion.
  201         d. For contract years after the 2014-2015 contract year, if
  202  a limit of $17 billion for that contract year, unless the board
  203  determines that there is sufficient estimated claims-paying
  204  capacity to provide $15 $17 billion of capacity for the current
  205  contract year and an additional $15 $17 billion of capacity for
  206  subsequent contract years. If the board makes such a
  207  determination, the estimated claims-paying capacity for the
  208  particular contract year shall be determined by adding to the
  209  $15 $17 billion limit one-half of the fund’s estimated claims
  210  paying capacity in excess of $30 $34 billion. However, the
  211  dollar growth in the limit may not increase in any year by an
  212  amount greater than the dollar growth of the balance of the fund
  213  as of December 31, less any premiums or interest attributable to
  214  optional coverage, as defined by rule, which occurred over the
  215  prior calendar year.
  216         2. In May and October of the contract year, the board shall
  217  publish in the Florida Administrative Weekly a statement of the
  218  fund’s estimated borrowing capacity, the fund’s estimated
  219  claims-paying capacity, and the projected balance of the fund as
  220  of December 31. After the end of each calendar year, the board
  221  shall notify insurers of the estimated borrowing capacity,
  222  estimated claims-paying capacity, and the balance of the fund as
  223  of December 31 to provide insurers with data necessary to assist
  224  them in determining their retention and projected payout from
  225  the fund for loss reimbursement purposes. In conjunction with
  226  the development of the premium formula, as provided for in
  227  subsection (5), the board shall publish factors or multiples
  228  that assist insurers in determining their retention and
  229  projected payout for the next contract year. For all regulatory
  230  and reinsurance purposes, an insurer may calculate its projected
  231  payout from the fund as its share of the total fund premium for
  232  the current contract year multiplied by the sum of the projected
  233  balance of the fund as of December 31 and the estimated
  234  borrowing capacity for that contract year as reported under this
  235  subparagraph.
  236         Section 2. Paragraphs (b), (c), (q), and (w) of subsection
  237  (6) of section 627.351, Florida Statutes, are amended to read:
  238         627.351 Insurance risk apportionment plans.—
  239         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  240         (b)1. All insurers authorized to write one or more subject
  241  lines of business in this state are subject to assessment by the
  242  corporation and, for the purposes of this subsection, are
  243  referred to collectively as “assessable insurers.” Insurers
  244  writing one or more subject lines of business in this state
  245  pursuant to part VIII of chapter 626 are not assessable
  246  insurers, but insureds who procure one or more subject lines of
  247  business in this state pursuant to part VIII of chapter 626 are
  248  subject to assessment by the corporation and are referred to
  249  collectively as “assessable insureds.” An insurer’s assessment
  250  liability begins on the first day of the calendar year following
  251  the year in which the insurer was issued a certificate of
  252  authority to transact insurance for subject lines of business in
  253  this state and terminates 1 year after the end of the first
  254  calendar year during which the insurer no longer holds a
  255  certificate of authority to transact insurance for subject lines
  256  of business in this state.
  257         2.a. All revenues, assets, liabilities, losses, and
  258  expenses of the corporation shall be divided into three separate
  259  accounts as follows:
  260         (I) A personal lines account for personal residential
  261  policies issued by the corporation, or issued by the Residential
  262  Property and Casualty Joint Underwriting Association and renewed
  263  by the corporation, which provides comprehensive, multiperil
  264  coverage on risks that are not located in areas eligible for
  265  coverage by the Florida Windstorm Underwriting Association as
  266  those areas were defined on January 1, 2002, and for policies
  267  that do not provide coverage for the peril of wind on risks that
  268  are located in such areas;
  269         (II) A commercial lines account for commercial residential
  270  and commercial nonresidential policies issued by the
  271  corporation, or issued by the Residential Property and Casualty
  272  Joint Underwriting Association and renewed by the corporation,
  273  which provides coverage for basic property perils on risks that
  274  are not located in areas eligible for coverage by the Florida
  275  Windstorm Underwriting Association as those areas were defined
  276  on January 1, 2002, and for policies that do not provide
  277  coverage for the peril of wind on risks that are located in such
  278  areas; and
  279         (III) A coastal account for personal residential policies
  280  and commercial residential and commercial nonresidential
  281  property policies issued by the corporation, or transferred to
  282  the corporation, which provides coverage for the peril of wind
  283  on risks that are located in areas eligible for coverage by the
  284  Florida Windstorm Underwriting Association as those areas were
  285  defined on January 1, 2002. The corporation may offer policies
  286  that provide multiperil coverage and the corporation shall
  287  continue to offer policies that provide coverage only for the
  288  peril of wind for risks located in areas eligible for coverage
  289  in the coastal account. In issuing multiperil coverage, the
  290  corporation may use its approved policy forms and rates for the
  291  personal lines account. An applicant or insured who is eligible
  292  to purchase a multiperil policy from the corporation may
  293  purchase a multiperil policy from an authorized insurer without
  294  prejudice to the applicant’s or insured’s eligibility to
  295  prospectively purchase a policy that provides coverage only for
  296  the peril of wind from the corporation. An applicant or insured
  297  who is eligible for a corporation policy that provides coverage
  298  only for the peril of wind may elect to purchase or retain such
  299  policy and also purchase or retain coverage excluding wind from
  300  an authorized insurer without prejudice to the applicant’s or
  301  insured’s eligibility to prospectively purchase a policy that
  302  provides multiperil coverage from the corporation. It is the
  303  goal of the Legislature that there be an overall average savings
  304  of 10 percent or more for a policyholder who currently has a
  305  wind-only policy with the corporation, and an ex-wind policy
  306  with a voluntary insurer or the corporation, and who obtains a
  307  multiperil policy from the corporation. It is the intent of the
  308  Legislature that the offer of multiperil coverage in the coastal
  309  account be made and implemented in a manner that does not
  310  adversely affect the tax-exempt status of the corporation or
  311  creditworthiness of or security for currently outstanding
  312  financing obligations or credit facilities of the coastal
  313  account, the personal lines account, or the commercial lines
  314  account. The coastal account must also include quota share
  315  primary insurance under subparagraph (c)2. The area eligible for
  316  coverage under the coastal account also includes the area within
  317  Port Canaveral, which is bordered on the south by the City of
  318  Cape Canaveral, bordered on the west by the Banana River, and
  319  bordered on the north by Federal Government property.
  320         b. The three separate accounts must be maintained as long
  321  as financing obligations entered into by the Florida Windstorm
  322  Underwriting Association or Residential Property and Casualty
  323  Joint Underwriting Association are outstanding, in accordance
  324  with the terms of the corresponding financing documents. If the
  325  financing obligations are no longer outstanding, the corporation
  326  may use a single account for all revenues, assets, liabilities,
  327  losses, and expenses of the corporation. Consistent with this
  328  subparagraph and prudent investment policies that minimize the
  329  cost of carrying debt, the board shall exercise its best efforts
  330  to retire existing debt or obtain the approval of necessary
  331  parties to amend the terms of existing debt, so as to structure
  332  the most efficient plan to consolidate the three separate
  333  accounts into a single account.
  334         c. Creditors of the Residential Property and Casualty Joint
  335  Underwriting Association and the accounts specified in sub-sub
  336  subparagraphs a.(I) and (II) may have a claim against, and
  337  recourse to, those accounts and no claim against, or recourse
  338  to, the account referred to in sub-sub-subparagraph a.(III).
  339  Creditors of the Florida Windstorm Underwriting Association have
  340  a claim against, and recourse to, the account referred to in
  341  sub-sub-subparagraph a.(III) and no claim against, or recourse
  342  to, the accounts referred to in sub-sub-subparagraphs a.(I) and
  343  (II).
  344         d. Revenues, assets, liabilities, losses, and expenses not
  345  attributable to particular accounts shall be prorated among the
  346  accounts.
  347         e. The Legislature finds that the revenues of the
  348  corporation are revenues that are necessary to meet the
  349  requirements set forth in documents authorizing the issuance of
  350  bonds under this subsection.
  351         f. No part of The income of the corporation may not inure
  352  to the benefit of any private person.
  353         3. With respect to a deficit in an account:
  354         a. After accounting for the Citizens policyholder surcharge
  355  imposed under sub-subparagraph i. h., if the remaining projected
  356  deficit incurred in the coastal account in a particular calendar
  357  year:
  358         (I) Is not greater than 2 6 percent of the aggregate
  359  statewide direct written premium for the subject lines of
  360  business for the prior calendar year, the entire deficit shall
  361  be recovered through regular assessments of assessable insurers
  362  under paragraph (q) and assessable insureds.
  363         (II) Exceeds 2 6 percent of the aggregate statewide direct
  364  written premium for the subject lines of business for the prior
  365  calendar year, the corporation shall levy regular assessments on
  366  assessable insurers under paragraph (q) and on assessable
  367  insureds in an amount equal to the greater of 2 6 percent of the
  368  projected deficit or 2 6 percent of the aggregate statewide
  369  direct written premium for the subject lines of business for the
  370  prior calendar year. Any remaining projected deficit shall be
  371  recovered through emergency assessments under sub-subparagraph
  372  d. c.
  373         b. Each assessable insurer’s share of the amount being
  374  assessed under sub-subparagraph a. must be in the proportion
  375  that the assessable insurer’s direct written premium for the
  376  subject lines of business for the year preceding the assessment
  377  bears to the aggregate statewide direct written premium for the
  378  subject lines of business for that year. The assessment
  379  percentage applicable to each assessable insured is the ratio of
  380  the amount being assessed under sub-subparagraph a. to the
  381  aggregate statewide direct written premium for the subject lines
  382  of business for the prior year. Assessments levied by the
  383  corporation on assessable insurers under sub-subparagraph a.
  384  must be paid as required by the corporation’s plan of operation
  385  and paragraph (q). Assessments levied by the corporation on
  386  assessable insureds under sub-subparagraph a. shall be collected
  387  by the surplus lines agent at the time the surplus lines agent
  388  collects the surplus lines tax required by s. 626.932, and paid
  389  to the Florida Surplus Lines Service Office at the time the
  390  surplus lines agent pays the surplus lines tax to that office.
  391  Upon receipt of regular assessments from surplus lines agents,
  392  the Florida Surplus Lines Service Office shall transfer the
  393  assessments directly to the corporation as determined by the
  394  corporation.
  395         c.After accounting for the Citizens policyholder surcharge
  396  imposed under sub-subparagraph i., the remaining projected
  397  deficits in the personal lines account and in the commercial
  398  lines account in a particular calendar year shall be recovered
  399  through emergency assessments under sub-subparagraph d.
  400         d.c. Upon a determination by the board of governors that a
  401  projected deficit in an account exceeds the amount that is
  402  expected to will be recovered through regular assessments under
  403  sub-subparagraph a., plus the amount that is expected to be
  404  recovered through surcharges under sub-subparagraph i. h., the
  405  board, after verification by the office, shall levy emergency
  406  assessments for as many years as necessary to cover the
  407  deficits, to be collected by assessable insurers and the
  408  corporation and collected from assessable insureds upon issuance
  409  or renewal of policies for subject lines of business, excluding
  410  National Flood Insurance policies. The amount collected in a
  411  particular year must be a uniform percentage of that year’s
  412  direct written premium for subject lines of business and all
  413  accounts of the corporation, excluding National Flood Insurance
  414  Program policy premiums, as annually determined by the board and
  415  verified by the office. The office shall verify the arithmetic
  416  calculations involved in the board’s determination within 30
  417  days after receipt of the information on which the determination
  418  was based. The office shall notify assessable insurers and the
  419  Florida Surplus Lines Service Office of the date on which
  420  assessable insurers shall begin to collect and assessable
  421  insureds shall begin to pay such assessment. The date may be not
  422  less than 90 days after the date the corporation levies
  423  emergency assessments pursuant to this sub-subparagraph.
  424  Notwithstanding any other provision of law, the corporation and
  425  each assessable insurer that writes subject lines of business
  426  shall collect emergency assessments from its policyholders
  427  without such obligation being affected by any credit,
  428  limitation, exemption, or deferment. Emergency assessments
  429  levied by the corporation on assessable insureds shall be
  430  collected by the surplus lines agent at the time the surplus
  431  lines agent collects the surplus lines tax required by s.
  432  626.932 and paid to the Florida Surplus Lines Service Office at
  433  the time the surplus lines agent pays the surplus lines tax to
  434  that office. The emergency assessments collected shall be
  435  transferred directly to the corporation on a periodic basis as
  436  determined by the corporation and held by the corporation solely
  437  in the applicable account. The aggregate amount of emergency
  438  assessments levied for an account under this sub-subparagraph in
  439  any calendar year may be less than but not exceed the greater of
  440  10 percent of the amount needed to cover the deficit, plus
  441  interest, fees, commissions, required reserves, and other costs
  442  associated with financing the original deficit, or 10 percent of
  443  the aggregate statewide direct written premium for subject lines
  444  of business and all accounts of the corporation for the prior
  445  year, plus interest, fees, commissions, required reserves, and
  446  other costs associated with financing the deficit.
  447         e.d. The corporation may pledge the proceeds of
  448  assessments, projected recoveries from the Florida Hurricane
  449  Catastrophe Fund, other insurance and reinsurance recoverables,
  450  policyholder surcharges and other surcharges, and other funds
  451  available to the corporation as the source of revenue for and to
  452  secure bonds issued under paragraph (q), bonds or other
  453  indebtedness issued under subparagraph (c)3., or lines of credit
  454  or other financing mechanisms issued or created under this
  455  subsection, or to retire any other debt incurred as a result of
  456  deficits or events giving rise to deficits, or in any other way
  457  that the board determines will efficiently recover such
  458  deficits. The purpose of the lines of credit or other financing
  459  mechanisms is to provide additional resources to assist the
  460  corporation in covering claims and expenses attributable to a
  461  catastrophe. As used in this subsection, the term “assessments”
  462  includes regular assessments under sub-subparagraph a. or
  463  subparagraph (q)1. and emergency assessments under sub
  464  subparagraph d. Emergency assessments collected under sub
  465  subparagraph d. are not part of an insurer’s rates, are not
  466  premium, and are not subject to premium tax, fees, or
  467  commissions; however, failure to pay the emergency assessment
  468  shall be treated as failure to pay premium. The emergency
  469  assessments under sub-subparagraph d. c. shall continue as long
  470  as any bonds issued or other indebtedness incurred with respect
  471  to a deficit for which the assessment was imposed remain
  472  outstanding, unless adequate provision has been made for the
  473  payment of such bonds or other indebtedness pursuant to the
  474  documents governing such bonds or indebtedness.
  475         f.e. As used in this subsection for purposes of any deficit
  476  incurred on or after January 25, 2007, the term “subject lines
  477  of business” means insurance written by assessable insurers or
  478  procured by assessable insureds for all property and casualty
  479  lines of business in this state, but not including workers’
  480  compensation or medical malpractice. As used in this sub
  481  subparagraph, the term “property and casualty lines of business”
  482  includes all lines of business identified on Form 2, Exhibit of
  483  Premiums and Losses, in the annual statement required of
  484  authorized insurers under s. 624.424 and any rule adopted under
  485  this section, except for those lines identified as accident and
  486  health insurance and except for policies written under the
  487  National Flood Insurance Program or the Federal Crop Insurance
  488  Program. For purposes of this sub-subparagraph, the term
  489  “workers’ compensation” includes both workers’ compensation
  490  insurance and excess workers’ compensation insurance.
  491         g.f. The Florida Surplus Lines Service Office shall
  492  determine annually the aggregate statewide written premium in
  493  subject lines of business procured by assessable insureds and
  494  report that information to the corporation in a form and at a
  495  time the corporation specifies to ensure that the corporation
  496  can meet the requirements of this subsection and the
  497  corporation’s financing obligations.
  498         h.g. The Florida Surplus Lines Service Office shall verify
  499  the proper application by surplus lines agents of assessment
  500  percentages for regular assessments and emergency assessments
  501  levied under this subparagraph on assessable insureds and assist
  502  the corporation in ensuring the accurate, timely collection and
  503  payment of assessments by surplus lines agents as required by
  504  the corporation.
  505         i.h.If a deficit is incurred in any account In 2008 or
  506  thereafter, upon a determination by the board of governors that
  507  an account has a projected deficit, the board shall levy a
  508  Citizens policyholder surcharge against all policyholders of the
  509  corporation.
  510         (I) The surcharge shall be levied as a uniform percentage
  511  of the premium for the policy of up to 15 percent of such
  512  premium, which funds shall be used to offset the deficit.
  513         (II) The surcharge is payable upon cancellation or
  514  termination of the policy, upon renewal of the policy, or upon
  515  issuance of a new policy by the corporation within the first 12
  516  months after the date of the levy or the period of time
  517  necessary to fully collect the surcharge amount.
  518         (III) The corporation may not levy any regular assessments
  519  under paragraph (q) pursuant to sub-subparagraph a. or sub
  520  subparagraph b. with respect to a particular year’s deficit
  521  until the corporation has first levied the full amount of the
  522  surcharge authorized by this sub-subparagraph.
  523         (IV) The surcharge is not considered premium and is not
  524  subject to commissions, fees, or premium taxes. However, failure
  525  to pay the surcharge shall be treated as failure to pay premium.
  526         j.i. If the amount of any assessments or surcharges
  527  collected from corporation policyholders, assessable insurers or
  528  their policyholders, or assessable insureds exceeds the amount
  529  of the deficits, such excess amounts shall be remitted to and
  530  retained by the corporation in a reserve to be used by the
  531  corporation, as determined by the board of governors and
  532  approved by the office, to pay claims or reduce any past,
  533  present, or future plan-year deficits or to reduce outstanding
  534  debt.
  535         (c) The corporation’s plan of operation:
  536         1. Must provide for adoption of residential property and
  537  casualty insurance policy forms and commercial residential and
  538  nonresidential property insurance forms, which must be approved
  539  by the office before use. The corporation shall adopt the
  540  following policy forms:
  541         a. Standard personal lines policy forms that are
  542  comprehensive multiperil policies providing full coverage of a
  543  residential property equivalent to the coverage provided in the
  544  private insurance market under an HO-3, HO-4, or HO-6 policy.
  545         b. Basic personal lines policy forms that are policies
  546  similar to an HO-8 policy or a dwelling fire policy that provide
  547  coverage meeting the requirements of the secondary mortgage
  548  market, but which is more limited than the coverage under a
  549  standard policy.
  550         c. Commercial lines residential and nonresidential policy
  551  forms that are generally similar to the basic perils of full
  552  coverage obtainable for commercial residential structures and
  553  commercial nonresidential structures in the admitted voluntary
  554  market.
  555         d. Personal lines and commercial lines residential property
  556  insurance forms that cover the peril of wind only. The forms are
  557  applicable only to residential properties located in areas
  558  eligible for coverage under the coastal account referred to in
  559  sub-subparagraph (b)2.a.
  560         e. Commercial lines nonresidential property insurance forms
  561  that cover the peril of wind only. The forms are applicable only
  562  to nonresidential properties located in areas eligible for
  563  coverage under the coastal account referred to in sub
  564  subparagraph (b)2.a.
  565         f. The corporation may adopt variations of the policy forms
  566  listed in sub-subparagraphs a.-e. which contain more restrictive
  567  coverage.
  568         2. Must provide that the corporation adopt a program in
  569  which the corporation and authorized insurers enter into quota
  570  share primary insurance agreements for hurricane coverage, as
  571  defined in s. 627.4025(2)(a), for eligible risks, and adopt
  572  property insurance forms for eligible risks which cover the
  573  peril of wind only.
  574         a. As used in this subsection, the term:
  575         (I) “Quota share primary insurance” means an arrangement in
  576  which the primary hurricane coverage of an eligible risk is
  577  provided in specified percentages by the corporation and an
  578  authorized insurer. The corporation and authorized insurer are
  579  each solely responsible for a specified percentage of hurricane
  580  coverage of an eligible risk as set forth in a quota share
  581  primary insurance agreement between the corporation and an
  582  authorized insurer and the insurance contract. The
  583  responsibility of the corporation or authorized insurer to pay
  584  its specified percentage of hurricane losses of an eligible
  585  risk, as set forth in the agreement, may not be altered by the
  586  inability of the other party to pay its specified percentage of
  587  losses. Eligible risks that are provided hurricane coverage
  588  through a quota share primary insurance arrangement must be
  589  provided policy forms that set forth the obligations of the
  590  corporation and authorized insurer under the arrangement,
  591  clearly specify the percentages of quota share primary insurance
  592  provided by the corporation and authorized insurer, and
  593  conspicuously and clearly state that the authorized insurer and
  594  the corporation may not be held responsible beyond their
  595  specified percentage of coverage of hurricane losses.
  596         (II) “Eligible risks” means personal lines residential and
  597  commercial lines residential risks that meet the underwriting
  598  criteria of the corporation and are located in areas that were
  599  eligible for coverage by the Florida Windstorm Underwriting
  600  Association on January 1, 2002.
  601         b. The corporation may enter into quota share primary
  602  insurance agreements with authorized insurers at corporation
  603  coverage levels of 90 percent and 50 percent.
  604         c. If the corporation determines that additional coverage
  605  levels are necessary to maximize participation in quota share
  606  primary insurance agreements by authorized insurers, the
  607  corporation may establish additional coverage levels. However,
  608  the corporation’s quota share primary insurance coverage level
  609  may not exceed 90 percent.
  610         d. Any quota share primary insurance agreement entered into
  611  between an authorized insurer and the corporation must provide
  612  for a uniform specified percentage of coverage of hurricane
  613  losses, by county or territory as set forth by the corporation
  614  board, for all eligible risks of the authorized insurer covered
  615  under the agreement.
  616         e. Any quota share primary insurance agreement entered into
  617  between an authorized insurer and the corporation is subject to
  618  review and approval by the office. However, such agreement shall
  619  be authorized only as to insurance contracts entered into
  620  between an authorized insurer and an insured who is already
  621  insured by the corporation for wind coverage.
  622         f. For all eligible risks covered under quota share primary
  623  insurance agreements, the exposure and coverage levels for both
  624  the corporation and authorized insurers shall be reported by the
  625  corporation to the Florida Hurricane Catastrophe Fund. For all
  626  policies of eligible risks covered under such agreements, the
  627  corporation and the authorized insurer must maintain complete
  628  and accurate records for the purpose of exposure and loss
  629  reimbursement audits as required by fund rules. The corporation
  630  and the authorized insurer shall each maintain duplicate copies
  631  of policy declaration pages and supporting claims documents.
  632         g. The corporation board shall establish in its plan of
  633  operation standards for quota share agreements which ensure that
  634  there is no discriminatory application among insurers as to the
  635  terms of the agreements, pricing of the agreements, incentive
  636  provisions if any, and consideration paid for servicing policies
  637  or adjusting claims.
  638         h. The quota share primary insurance agreement between the
  639  corporation and an authorized insurer must set forth the
  640  specific terms under which coverage is provided, including, but
  641  not limited to, the sale and servicing of policies issued under
  642  the agreement by the insurance agent of the authorized insurer
  643  producing the business, the reporting of information concerning
  644  eligible risks, the payment of premium to the corporation, and
  645  arrangements for the adjustment and payment of hurricane claims
  646  incurred on eligible risks by the claims adjuster and personnel
  647  of the authorized insurer. Entering into a quota sharing
  648  insurance agreement between the corporation and an authorized
  649  insurer is voluntary and at the discretion of the authorized
  650  insurer.
  651         3.a. May provide that the corporation may employ or
  652  otherwise contract with individuals or other entities to provide
  653  administrative or professional services that may be appropriate
  654  to effectuate the plan. The corporation may borrow funds by
  655  issuing bonds or by incurring other indebtedness, and shall have
  656  other powers reasonably necessary to effectuate the requirements
  657  of this subsection, including, without limitation, the power to
  658  issue bonds and incur other indebtedness in order to refinance
  659  outstanding bonds or other indebtedness. The corporation may
  660  seek judicial validation of its bonds or other indebtedness
  661  under chapter 75. The corporation may issue bonds or incur other
  662  indebtedness, or have bonds issued on its behalf by a unit of
  663  local government pursuant to subparagraph (q)2. in the absence
  664  of a hurricane or other weather-related event, upon a
  665  determination by the corporation, subject to approval by the
  666  office, that such action would enable it to efficiently meet the
  667  financial obligations of the corporation and that such
  668  financings are reasonably necessary to effectuate the
  669  requirements of this subsection. The corporation may take all
  670  actions needed to facilitate tax-free status for such bonds or
  671  indebtedness, including formation of trusts or other affiliated
  672  entities. The corporation may pledge assessments, projected
  673  recoveries from the Florida Hurricane Catastrophe Fund, other
  674  reinsurance recoverables, policyholder surcharges market
  675  equalization and other surcharges, and other funds available to
  676  the corporation as security for bonds or other indebtedness. In
  677  recognition of s. 10, Art. I of the State Constitution,
  678  prohibiting the impairment of obligations of contracts, it is
  679  the intent of the Legislature that no action be taken whose
  680  purpose is to impair any bond indenture or financing agreement
  681  or any revenue source committed by contract to such bond or
  682  other indebtedness.
  683         b. To ensure that the corporation is operating in an
  684  efficient and economic manner while providing quality service to
  685  policyholders, applicants, and agents, the board shall
  686  commission an independent third-party consultant having
  687  expertise in insurance company management or insurance company
  688  management consulting to prepare a report and make
  689  recommendations on the relative costs and benefits of
  690  outsourcing various policy issuance and service functions to
  691  private servicing carriers or entities performing similar
  692  functions in the private market for a fee, rather than
  693  performing such functions in-house. In making such
  694  recommendations, the consultant shall consider how other
  695  residual markets, both in this state and around the country,
  696  outsource appropriate functions or use servicing carriers to
  697  better match expenses with revenues that fluctuate based on a
  698  widely varying policy count. The report must be completed by
  699  July 1, 2012. Upon receiving the report, the board shall develop
  700  a plan to implement the report and submit the plan for review,
  701  modification, and approval to the Financial Services Commission.
  702  Upon the commission’s approval of the plan, the board shall
  703  begin implementing the plan by January 1, 2013.
  704         4. Must require that the corporation operate subject to the
  705  supervision and approval of a board of governors consisting of
  706  eight individuals who are residents of this state, from
  707  different geographical areas of this state.
  708         a. The Governor, the Chief Financial Officer, the President
  709  of the Senate, and the Speaker of the House of Representatives
  710  shall each appoint two members of the board. At least one of the
  711  two members appointed by each appointing officer must have
  712  demonstrated expertise in insurance and is deemed to be within
  713  the scope of the exemption provided in s. 112.313(7)(b). The
  714  Chief Financial Officer shall designate one of the appointees as
  715  chair. All board members serve at the pleasure of the appointing
  716  officer. All members of the board are subject to removal at will
  717  by the officers who appointed them. All board members, including
  718  the chair, must be appointed to serve for 3-year terms beginning
  719  annually on a date designated by the plan. However, for the
  720  first term beginning on or after July 1, 2009, each appointing
  721  officer shall appoint one member of the board for a 2-year term
  722  and one member for a 3-year term. A board vacancy shall be
  723  filled for the unexpired term by the appointing officer. The
  724  Chief Financial Officer shall appoint a technical advisory group
  725  to provide information and advice to the board in connection
  726  with the board’s duties under this subsection. The executive
  727  director and senior managers of the corporation shall be engaged
  728  by the board and serve at the pleasure of the board. Any
  729  executive director appointed on or after July 1, 2006, is
  730  subject to confirmation by the Senate. The executive director is
  731  responsible for employing other staff as the corporation may
  732  require, subject to review and concurrence by the board.
  733         b. The board shall create a Market Accountability Advisory
  734  Committee to assist the corporation in developing awareness of
  735  its rates and its customer and agent service levels in
  736  relationship to the voluntary market insurers writing similar
  737  coverage.
  738         (I) The members of the advisory committee consist of the
  739  following 11 persons, one of whom must be elected chair by the
  740  members of the committee: four representatives, one appointed by
  741  the Florida Association of Insurance Agents, one by the Florida
  742  Association of Insurance and Financial Advisors, one by the
  743  Professional Insurance Agents of Florida, and one by the Latin
  744  American Association of Insurance Agencies; three
  745  representatives appointed by the insurers with the three highest
  746  voluntary market share of residential property insurance
  747  business in the state; one representative from the Office of
  748  Insurance Regulation; one consumer appointed by the board who is
  749  insured by the corporation at the time of appointment to the
  750  committee; one representative appointed by the Florida
  751  Association of Realtors; and one representative appointed by the
  752  Florida Bankers Association. All members shall be appointed to
  753  3-year terms and may serve for consecutive terms.
  754         (II) The committee shall report to the corporation at each
  755  board meeting on insurance market issues which may include rates
  756  and rate competition with the voluntary market; service,
  757  including policy issuance, claims processing, and general
  758  responsiveness to policyholders, applicants, and agents; and
  759  matters relating to depopulation.
  760         5. Must provide a procedure for determining the eligibility
  761  of a risk for coverage, as follows:
  762         a. Subject to s. 627.3517, with respect to personal lines
  763  residential risks, if the risk is offered coverage from an
  764  authorized insurer at the insurer’s approved rate under a
  765  standard policy including wind coverage or, if consistent with
  766  the insurer’s underwriting rules as filed with the office, a
  767  basic policy including wind coverage, for a new application to
  768  the corporation for coverage, the risk is not eligible for any
  769  policy issued by the corporation unless the premium for coverage
  770  from the authorized insurer is more than 15 percent greater than
  771  the premium for comparable coverage from the corporation. If the
  772  risk is not able to obtain such offer, the risk is eligible for
  773  a standard policy including wind coverage or a basic policy
  774  including wind coverage issued by the corporation; however, if
  775  the risk could not be insured under a standard policy including
  776  wind coverage regardless of market conditions, the risk is
  777  eligible for a basic policy including wind coverage unless
  778  rejected under subparagraph 8. However, a policyholder of the
  779  corporation or a policyholder removed from the corporation
  780  through an assumption agreement until the end of the assumption
  781  period remains eligible for coverage from the corporation
  782  regardless of any offer of coverage from an authorized insurer
  783  or surplus lines insurer. The corporation shall determine the
  784  type of policy to be provided on the basis of objective
  785  standards specified in the underwriting manual and based on
  786  generally accepted underwriting practices.
  787         (I) If the risk accepts an offer of coverage through the
  788  market assistance plan or through a mechanism established by the
  789  corporation before a policy is issued to the risk by the
  790  corporation or during the first 30 days of coverage by the
  791  corporation, and the producing agent who submitted the
  792  application to the plan or to the corporation is not currently
  793  appointed by the insurer, the insurer shall:
  794         (A) Pay to the producing agent of record of the policy for
  795  the first year, an amount that is the greater of the insurer’s
  796  usual and customary commission for the type of policy written or
  797  a fee equal to the usual and customary commission of the
  798  corporation; or
  799         (B) Offer to allow the producing agent of record of the
  800  policy to continue servicing the policy for at least 1 year and
  801  offer to pay the agent the greater of the insurer’s or the
  802  corporation’s usual and customary commission for the type of
  803  policy written.
  804  
  805  If the producing agent is unwilling or unable to accept
  806  appointment, the new insurer shall pay the agent in accordance
  807  with sub-sub-sub-subparagraph (A).
  808         (II) If the corporation enters into a contractual agreement
  809  for a take-out plan, the producing agent of record of the
  810  corporation policy is entitled to retain any unearned commission
  811  on the policy, and the insurer shall:
  812         (A) Pay to the producing agent of record, for the first
  813  year, an amount that is the greater of the insurer’s usual and
  814  customary commission for the type of policy written or a fee
  815  equal to the usual and customary commission of the corporation;
  816  or
  817         (B) Offer to allow the producing agent of record to
  818  continue servicing the policy for at least 1 year and offer to
  819  pay the agent the greater of the insurer’s or the corporation’s
  820  usual and customary commission for the type of policy written.
  821  
  822  If the producing agent is unwilling or unable to accept
  823  appointment, the new insurer shall pay the agent in accordance
  824  with sub-sub-sub-subparagraph (A).
  825         b. With respect to commercial lines residential risks, for
  826  a new application to the corporation for coverage, if the risk
  827  is offered coverage under a policy including wind coverage from
  828  an authorized insurer at its approved rate, the risk is not
  829  eligible for a policy issued by the corporation unless the
  830  premium for coverage from the authorized insurer is more than 15
  831  percent greater than the premium for comparable coverage from
  832  the corporation. If the risk is not able to obtain any such
  833  offer, the risk is eligible for a policy including wind coverage
  834  issued by the corporation. However, a policyholder of the
  835  corporation or a policyholder removed from the corporation
  836  through an assumption agreement until the end of the assumption
  837  period remains eligible for coverage from the corporation
  838  regardless of an offer of coverage from an authorized insurer or
  839  surplus lines insurer.
  840         (I) If the risk accepts an offer of coverage through the
  841  market assistance plan or through a mechanism established by the
  842  corporation before a policy is issued to the risk by the
  843  corporation or during the first 30 days of coverage by the
  844  corporation, and the producing agent who submitted the
  845  application to the plan or the corporation is not currently
  846  appointed by the insurer, the insurer shall:
  847         (A) Pay to the producing agent of record of the policy, for
  848  the first year, an amount that is the greater of the insurer’s
  849  usual and customary commission for the type of policy written or
  850  a fee equal to the usual and customary commission of the
  851  corporation; or
  852         (B) Offer to allow the producing agent of record of the
  853  policy to continue servicing the policy for at least 1 year and
  854  offer to pay the agent the greater of the insurer’s or the
  855  corporation’s usual and customary commission for the type of
  856  policy written.
  857  
  858  If the producing agent is unwilling or unable to accept
  859  appointment, the new insurer shall pay the agent in accordance
  860  with sub-sub-sub-subparagraph (A).
  861         (II) If the corporation enters into a contractual agreement
  862  for a take-out plan, the producing agent of record of the
  863  corporation policy is entitled to retain any unearned commission
  864  on the policy, and the insurer shall:
  865         (A) Pay to the producing agent of record, for the first
  866  year, an amount that is the greater of the insurer’s usual and
  867  customary commission for the type of policy written or a fee
  868  equal to the usual and customary commission of the corporation;
  869  or
  870         (B) Offer to allow the producing agent of record to
  871  continue servicing the policy for at least 1 year and offer to
  872  pay the agent the greater of the insurer’s or the corporation’s
  873  usual and customary commission for the type of policy written.
  874  
  875  If the producing agent is unwilling or unable to accept
  876  appointment, the new insurer shall pay the agent in accordance
  877  with sub-sub-sub-subparagraph (A).
  878         c. For purposes of determining comparable coverage under
  879  sub-subparagraphs a. and b., the comparison must be based on
  880  those forms and coverages that are reasonably comparable. The
  881  corporation may rely on a determination of comparable coverage
  882  and premium made by the producing agent who submits the
  883  application to the corporation, made in the agent’s capacity as
  884  the corporation’s agent. A comparison may be made solely of the
  885  premium with respect to the main building or structure only on
  886  the following basis: the same coverage A or other building
  887  limits; the same percentage hurricane deductible that applies on
  888  an annual basis or that applies to each hurricane for commercial
  889  residential property; the same percentage of ordinance and law
  890  coverage, if the same limit is offered by both the corporation
  891  and the authorized insurer; the same mitigation credits, to the
  892  extent the same types of credits are offered both by the
  893  corporation and the authorized insurer; the same method for loss
  894  payment, such as replacement cost or actual cash value, if the
  895  same method is offered both by the corporation and the
  896  authorized insurer in accordance with underwriting rules; and
  897  any other form or coverage that is reasonably comparable as
  898  determined by the board. If an application is submitted to the
  899  corporation for wind-only coverage in the coastal account, the
  900  premium for the corporation’s wind-only policy plus the premium
  901  for the ex-wind policy that is offered by an authorized insurer
  902  to the applicant must be compared to the premium for multiperil
  903  coverage offered by an authorized insurer, subject to the
  904  standards for comparison specified in this subparagraph. If the
  905  corporation or the applicant requests from the authorized
  906  insurer a breakdown of the premium of the offer by types of
  907  coverage so that a comparison may be made by the corporation or
  908  its agent and the authorized insurer refuses or is unable to
  909  provide such information, the corporation may treat the offer as
  910  not being an offer of coverage from an authorized insurer at the
  911  insurer’s approved rate.
  912         6. Must include rules for classifications of risks and
  913  rates.
  914         7. Must provide that if premium and investment income for
  915  an account attributable to a particular calendar year are in
  916  excess of projected losses and expenses for the account
  917  attributable to that year, such excess shall be held in surplus
  918  in the account. Such surplus must be available to defray
  919  deficits in that account as to future years and used for that
  920  purpose before assessing assessable insurers and assessable
  921  insureds as to any calendar year.
  922         8. Must provide objective criteria and procedures to be
  923  uniformly applied to all applicants in determining whether an
  924  individual risk is so hazardous as to be uninsurable. In making
  925  this determination and in establishing the criteria and
  926  procedures, the following must be considered:
  927         a. Whether the likelihood of a loss for the individual risk
  928  is substantially higher than for other risks of the same class;
  929  and
  930         b. Whether the uncertainty associated with the individual
  931  risk is such that an appropriate premium cannot be determined.
  932  
  933  The acceptance or rejection of a risk by the corporation shall
  934  be construed as the private placement of insurance, and the
  935  provisions of chapter 120 do not apply.
  936         9. Must provide that the corporation make its best efforts
  937  to procure catastrophe reinsurance at reasonable rates, to cover
  938  its projected 100-year probable maximum loss as determined by
  939  the board of governors.
  940         10. The policies issued by the corporation must provide
  941  that if the corporation or the market assistance plan obtains an
  942  offer from an authorized insurer to cover the risk at its
  943  approved rates, the risk is no longer eligible for renewal
  944  through the corporation, except as otherwise provided in this
  945  subsection.
  946         11. Corporation policies and applications must include a
  947  notice that the corporation policy could, under this section, be
  948  replaced with a policy issued by an authorized insurer which
  949  does not provide coverage identical to the coverage provided by
  950  the corporation. The notice must also specify that acceptance of
  951  corporation coverage creates a conclusive presumption that the
  952  applicant or policyholder is aware of this potential.
  953         12. May establish, subject to approval by the office,
  954  different eligibility requirements and operational procedures
  955  for any line or type of coverage for any specified county or
  956  area if the board determines that such changes are justified due
  957  to the voluntary market being sufficiently stable and
  958  competitive in such area or for such line or type of coverage
  959  and that consumers who, in good faith, are unable to obtain
  960  insurance through the voluntary market through ordinary methods
  961  continue to have access to coverage from the corporation. If
  962  coverage is sought in connection with a real property transfer,
  963  the requirements and procedures may not provide an effective
  964  date of coverage later than the date of the closing of the
  965  transfer as established by the transferor, the transferee, and,
  966  if applicable, the lender.
  967         13. Must provide that, with respect to the coastal account,
  968  any assessable insurer with a surplus as to policyholders of $25
  969  million or less writing 25 percent or more of its total
  970  countrywide property insurance premiums in this state may
  971  petition the office, within the first 90 days of each calendar
  972  year, to qualify as a limited apportionment company. A regular
  973  assessment levied by the corporation on a limited apportionment
  974  company for a deficit incurred by the corporation for the
  975  coastal account may be paid to the corporation on a monthly
  976  basis as the assessments are collected by the limited
  977  apportionment company from its insureds pursuant to s. 627.3512,
  978  but a limited apportionment company must begin collecting the
  979  regular assessments not later than 90 days after the regular
  980  assessments are levied by the corporation, and the regular
  981  assessments assessment must be paid in full within 15 12 months
  982  after being levied by the corporation. A limited apportionment
  983  company shall collect from its policyholders any emergency
  984  assessment imposed under sub-subparagraph (b)3.d. The plan must
  985  provide that, if the office determines that any regular
  986  assessment will result in an impairment of the surplus of a
  987  limited apportionment company, the office may direct that all or
  988  part of such assessment be deferred as provided in subparagraph
  989  (q)4. However, an emergency assessment to be collected from
  990  policyholders under sub-subparagraph (b)3.d. may not be limited
  991  or deferred.
  992         14. Must provide that the corporation appoint as its
  993  licensed agents only those agents who also hold an appointment
  994  as defined in s. 626.015(3) with an insurer who at the time of
  995  the agent’s initial appointment by the corporation is authorized
  996  to write and is actually writing personal lines residential
  997  property coverage, commercial residential property coverage, or
  998  commercial nonresidential property coverage within the state.
  999         15. Must provide a premium payment plan option to its
 1000  policyholders which, at a minimum, allows for quarterly and
 1001  semiannual payment of premiums. A monthly payment plan may, but
 1002  is not required to, be offered.
 1003         16. Must limit coverage on mobile homes or manufactured
 1004  homes built before 1994 to actual cash value of the dwelling
 1005  rather than replacement costs of the dwelling.
 1006         17. May provide such limits of coverage as the board
 1007  determines, consistent with the requirements of this subsection.
 1008         18. May require commercial property to meet specified
 1009  hurricane mitigation construction features as a condition of
 1010  eligibility for coverage.
 1011         19. Must provide that new or renewal policies issued by the
 1012  corporation on or after January 1, 2012, which cover sinkhole
 1013  loss do not include coverage for any loss to appurtenant
 1014  structures, driveways, sidewalks, decks, or patios that are
 1015  directly or indirectly caused by sinkhole activity. The
 1016  corporation shall exclude such coverage using a notice of
 1017  coverage change, which may be included with the policy renewal,
 1018  and not by issuance of a notice of nonrenewal of the excluded
 1019  coverage upon renewal of the current policy.
 1020         20. As of January 1, 2012, must require that the agent
 1021  obtain from an applicant for coverage from the corporation an
 1022  acknowledgement signed by the applicant, which includes, at a
 1023  minimum, the following statement:
 1024  
 1025               ACKNOWLEDGEMENT OF POTENTIAL SURCHARGE              
 1026                      AND ASSESSMENT LIABILITY:                    
 1027  
 1028         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
 1029  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
 1030  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
 1031  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
 1032  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
 1033  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
 1034  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
 1035  LEGISLATURE.
 1036         2. I ALSO UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
 1037  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
 1038  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
 1039  FLORIDA LEGISLATURE.
 1040         3. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
 1041  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
 1042  STATE OF FLORIDA.
 1043  
 1044         a. The corporation shall maintain, in electronic format or
 1045  otherwise, a copy of the applicant’s signed acknowledgement and
 1046  provide a copy of the statement to the policyholder as part of
 1047  the first renewal after the effective date of this subparagraph.
 1048         b. The signed acknowledgement form creates a conclusive
 1049  presumption that the policyholder understood and accepted his or
 1050  her potential surcharge and assessment liability as a
 1051  policyholder of the corporation.
 1052         (q)1. The corporation shall certify to the office its needs
 1053  for annual assessments as to a particular calendar year, and for
 1054  any interim assessments that it deems to be necessary to sustain
 1055  operations as to a particular year pending the receipt of annual
 1056  assessments. Upon verification, the office shall approve such
 1057  certification, and the corporation shall levy such annual or
 1058  interim assessments. Such assessments shall be prorated as
 1059  provided in paragraph (b). The corporation shall take all
 1060  reasonable and prudent steps necessary to collect the amount of
 1061  assessments assessment due from each assessable insurer,
 1062  including, if prudent, filing suit to collect the assessments,
 1063  and the office may provide such assistance to the corporation it
 1064  deems appropriate such assessment. If the corporation is unable
 1065  to collect an assessment from any assessable insurer, the
 1066  uncollected assessments shall be levied as an additional
 1067  assessment against the assessable insurers and any assessable
 1068  insurer required to pay an additional assessment as a result of
 1069  such failure to pay shall have a cause of action against such
 1070  nonpaying assessable insurer. Assessments shall be included as
 1071  an appropriate factor in the making of rates. The failure of a
 1072  surplus lines agent to collect and remit any regular or
 1073  emergency assessment levied by the corporation is considered to
 1074  be a violation of s. 626.936 and subjects the surplus lines
 1075  agent to the penalties provided in that section.
 1076         2. The governing body of any unit of local government, any
 1077  residents of which are insured by the corporation, may issue
 1078  bonds as defined in s. 125.013 or s. 166.101 from time to time
 1079  to fund an assistance program, in conjunction with the
 1080  corporation, for the purpose of defraying deficits of the
 1081  corporation. In order to avoid needless and indiscriminate
 1082  proliferation, duplication, and fragmentation of such assistance
 1083  programs, any unit of local government, any residents of which
 1084  are insured by the corporation, may provide for the payment of
 1085  losses, regardless of whether or not the losses occurred within
 1086  or outside of the territorial jurisdiction of the local
 1087  government. Revenue bonds under this subparagraph may not be
 1088  issued until validated pursuant to chapter 75, unless a state of
 1089  emergency is declared by executive order or proclamation of the
 1090  Governor pursuant to s. 252.36 making such findings as are
 1091  necessary to determine that it is in the best interests of, and
 1092  necessary for, the protection of the public health, safety, and
 1093  general welfare of residents of this state and declaring it an
 1094  essential public purpose to permit certain municipalities or
 1095  counties to issue such bonds as will permit relief to claimants
 1096  and policyholders of the corporation. Any such unit of local
 1097  government may enter into such contracts with the corporation
 1098  and with any other entity created pursuant to this subsection as
 1099  are necessary to carry out this paragraph. Any bonds issued
 1100  under this subparagraph shall be payable from and secured by
 1101  moneys received by the corporation from emergency assessments
 1102  under sub-subparagraph (b)3.d., and assigned and pledged to or
 1103  on behalf of the unit of local government for the benefit of the
 1104  holders of such bonds. The funds, credit, property, and taxing
 1105  power of the state or of the unit of local government shall not
 1106  be pledged for the payment of such bonds.
 1107         3.a. The corporation shall adopt one or more programs
 1108  subject to approval by the office for the reduction of both new
 1109  and renewal writings in the corporation. Beginning January 1,
 1110  2008, any program the corporation adopts for the payment of
 1111  bonuses to an insurer for each risk the insurer removes from the
 1112  corporation shall comply with s. 627.3511(2) and may not exceed
 1113  the amount referenced in s. 627.3511(2) for each risk removed.
 1114  The corporation may consider any prudent and not unfairly
 1115  discriminatory approach to reducing corporation writings, and
 1116  may adopt a credit against assessment liability or other
 1117  liability that provides an incentive for insurers to take risks
 1118  out of the corporation and to keep risks out of the corporation
 1119  by maintaining or increasing voluntary writings in counties or
 1120  areas in which corporation risks are highly concentrated and a
 1121  program to provide a formula under which an insurer voluntarily
 1122  taking risks out of the corporation by maintaining or increasing
 1123  voluntary writings will be relieved wholly or partially from
 1124  assessments under sub-subparagraphs (b)3.a. and b. However, any
 1125  “take-out bonus” or payment to an insurer must be conditioned on
 1126  the property being insured for at least 5 years by the insurer,
 1127  unless canceled or nonrenewed by the policyholder. If the policy
 1128  is canceled or nonrenewed by the policyholder before the end of
 1129  the 5-year period, the amount of the take-out bonus must be
 1130  prorated for the time period the policy was insured. When the
 1131  corporation enters into a contractual agreement for a take-out
 1132  plan, the producing agent of record of the corporation policy is
 1133  entitled to retain any unearned commission on such policy, and
 1134  the insurer shall either:
 1135         (I) Pay to the producing agent of record of the policy, for
 1136  the first year, an amount which is the greater of the insurer’s
 1137  usual and customary commission for the type of policy written or
 1138  a policy fee equal to the usual and customary commission of the
 1139  corporation; or
 1140         (II) Offer to allow the producing agent of record of the
 1141  policy to continue servicing the policy for a period of not less
 1142  than 1 year and offer to pay the agent the insurer’s usual and
 1143  customary commission for the type of policy written. If the
 1144  producing agent is unwilling or unable to accept appointment by
 1145  the new insurer, the new insurer shall pay the agent in
 1146  accordance with sub-sub-subparagraph (I).
 1147         b. Any credit or exemption from regular assessments adopted
 1148  under this subparagraph shall last no longer than the 3 years
 1149  following the cancellation or expiration of the policy by the
 1150  corporation. With the approval of the office, the board may
 1151  extend such credits for an additional year if the insurer
 1152  guarantees an additional year of renewability for all policies
 1153  removed from the corporation, or for 2 additional years if the
 1154  insurer guarantees 2 additional years of renewability for all
 1155  policies so removed.
 1156         c. There shall be no credit, limitation, exemption, or
 1157  deferment from emergency assessments to be collected from
 1158  policyholders pursuant to sub-subparagraph (b)3.d.
 1159         4. The plan shall provide for the deferment, in whole or in
 1160  part, of the assessment of an assessable insurer, other than an
 1161  emergency assessment collected from policyholders pursuant to
 1162  sub-subparagraph (b)3.d., if the office finds that payment of
 1163  the assessment would endanger or impair the solvency of the
 1164  insurer. In the event an assessment against an assessable
 1165  insurer is deferred in whole or in part, the amount by which
 1166  such assessment is deferred may be assessed against the other
 1167  assessable insurers in a manner consistent with the basis for
 1168  assessments set forth in paragraph (b).
 1169         5. Effective July 1, 2007, in order to evaluate the costs
 1170  and benefits of approved take-out plans, if the corporation pays
 1171  a bonus or other payment to an insurer for an approved take-out
 1172  plan, it shall maintain a record of the address or such other
 1173  identifying information on the property or risk removed in order
 1174  to track if and when the property or risk is later insured by
 1175  the corporation.
 1176         6. Any policy taken out, assumed, or removed from the
 1177  corporation is, as of the effective date of the take-out,
 1178  assumption, or removal, direct insurance issued by the insurer
 1179  and not by the corporation, even if the corporation continues to
 1180  service the policies. This subparagraph applies to policies of
 1181  the corporation and not policies taken out, assumed, or removed
 1182  from any other entity.
 1183         (w) Notwithstanding any other provision of law:
 1184         1. The pledge or sale of, the lien upon, and the security
 1185  interest in any rights, revenues, or other assets of the
 1186  corporation created or purported to be created pursuant to any
 1187  financing documents to secure any bonds or other indebtedness of
 1188  the corporation shall be and remain valid and enforceable,
 1189  notwithstanding the commencement of and during the continuation
 1190  of, and after, any rehabilitation, insolvency, liquidation,
 1191  bankruptcy, receivership, conservatorship, reorganization, or
 1192  similar proceeding against the corporation under the laws of
 1193  this state.
 1194         2. The No such proceeding does not shall relieve the
 1195  corporation of its obligation, or otherwise affect its ability
 1196  to perform its obligation, to continue to collect, or levy and
 1197  collect, assessments, policyholder surcharges market
 1198  equalization or other surcharges under sub-subparagraph (b)3.i.
 1199  subparagraph (c)10., or any other rights, revenues, or other
 1200  assets of the corporation pledged pursuant to any financing
 1201  documents.
 1202         3. Each such pledge or sale of, lien upon, and security
 1203  interest in, including the priority of such pledge, lien, or
 1204  security interest, any such assessments, policyholder surcharges
 1205  market equalization or other surcharges, or other rights,
 1206  revenues, or other assets which are collected, or levied and
 1207  collected, after the commencement of and during the pendency of,
 1208  or after, any such proceeding shall continue unaffected by such
 1209  proceeding. As used in this subsection, the term “financing
 1210  documents” means any agreement or agreements, instrument or
 1211  instruments, or other document or documents now existing or
 1212  hereafter created evidencing any bonds or other indebtedness of
 1213  the corporation or pursuant to which any such bonds or other
 1214  indebtedness has been or may be issued and pursuant to which any
 1215  rights, revenues, or other assets of the corporation are pledged
 1216  or sold to secure the repayment of such bonds or indebtedness,
 1217  together with the payment of interest on such bonds or such
 1218  indebtedness, or the payment of any other obligation or
 1219  financial product, as defined in the plan of operation of the
 1220  corporation related to such bonds or indebtedness.
 1221         4. Any such pledge or sale of assessments, revenues,
 1222  contract rights, or other rights or assets of the corporation
 1223  shall constitute a lien and security interest, or sale, as the
 1224  case may be, that is immediately effective and attaches to such
 1225  assessments, revenues, or contract rights or other rights or
 1226  assets, whether or not imposed or collected at the time the
 1227  pledge or sale is made. Any such pledge or sale is effective,
 1228  valid, binding, and enforceable against the corporation or other
 1229  entity making such pledge or sale, and valid and binding against
 1230  and superior to any competing claims or obligations owed to any
 1231  other person or entity, including policyholders in this state,
 1232  asserting rights in any such assessments, revenues, or contract
 1233  rights or other rights or assets to the extent set forth in and
 1234  in accordance with the terms of the pledge or sale contained in
 1235  the applicable financing documents, whether or not any such
 1236  person or entity has notice of such pledge or sale and without
 1237  the need for any physical delivery, recordation, filing, or
 1238  other action.
 1239         5. As long as the corporation has any bonds outstanding,
 1240  the corporation may not file a voluntary petition under chapter
 1241  9 of the federal Bankruptcy Code or such corresponding chapter
 1242  or sections as may be in effect, from time to time, and a public
 1243  officer or any organization, entity, or other person may not
 1244  authorize the corporation to be or become a debtor under chapter
 1245  9 of the federal Bankruptcy Code or such corresponding chapter
 1246  or sections as may be in effect, from time to time, during any
 1247  such period.
 1248         6. If ordered by a court of competent jurisdiction, the
 1249  corporation may assume policies or otherwise provide coverage
 1250  for policyholders of an insurer placed in liquidation under
 1251  chapter 631, under such forms, rates, terms, and conditions as
 1252  the corporation deems appropriate, subject to approval by the
 1253  office.
 1254         Section 3. Except as otherwise expressly provided in this
 1255  act and except for this section, which shall take effect upon
 1256  this act becoming a law, this act shall take effect July 1,
 1257  2012.