Florida Senate - 2013                                    SB 1606
       
       
       
       By Senator Richter
       
       
       
       
       23-01410-13                                           20131606__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         627.3518, F.S.; providing an exemption from public
    4         records requirements for all underwriting guidelines,
    5         manuals, rating information, and other underwriting
    6         criteria or instructions submitted by an insurer to
    7         the corporation’s policyholder eligibility
    8         clearinghouse program which are used to identify and
    9         select risks from the program; providing for future
   10         review and repeal of the exemption under the Open
   11         Government Sunset Review Act; providing a statement of
   12         public necessity; providing a contingent effective
   13         date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (10) is added to section 627.3518,
   18  Florida Statutes, as created by SB ____, 2013 Regular Session,
   19  to read:
   20         627.3518 Citizens Property Insurance Corporation
   21  policyholder eligibility clearinghouse program.—
   22         (10) All underwriting guidelines, manuals, rating
   23  information, and other underwriting criteria or instructions
   24  submitted by an insurer to the corporation’s policyholder
   25  eligibility clearinghouse program which are used to identify and
   26  select risks from the program are confidential and exempt from
   27  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   28  This subsection is subject to the Open Government Sunset Review
   29  Act in accordance with s. 119.15 and shall stand repealed on
   30  October 2, 2018, unless reviewed and saved from repeal through
   31  reenactment by the Legislature.
   32         Section 2. The Legislature finds that it is public
   33  necessity that all underwriting guidelines, manuals, rating
   34  information, and other underwriting criteria or instructions
   35  submitted by an insurer to the Citizens Property Insurance
   36  Corporation’s policyholder eligibility clearinghouse program
   37  which are used to identify and select risks from the program be
   38  made confidential and exempt from the requirements of s.
   39  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   40  State Constitution. The program will facilitate obtaining offers
   41  of coverage from authorized insurers for applicants for
   42  insurance coverage with Citizens Property Insurance Corporation
   43  and for policyholders with existing insurance coverage with
   44  Citizens Property Insurance Corporation. Obtaining offers of
   45  coverage from authorized insurers through the program will
   46  provide more choices for consumers and reduce Citizens Property
   47  Insurance Corporation’s exposure and potential for assessments
   48  on its policyholders and policyholders in the private market. In
   49  order for the program to efficiently determine whether there are
   50  authorized insurers interested in making an offer of coverage
   51  for a particular risk, a substantial amount of detailed data
   52  from participating authorized insurers must be provided to the
   53  program. Public disclosure of the detailed data could result in
   54  a substantial chilling effect on insurer participation in the
   55  program, thereby undermining the program’s success. Therefore,
   56  the Legislature declares that it is a public necessity that all
   57  underwriting guidelines, manuals, rating information, and other
   58  underwriting criteria or instructions submitted by an insurer to
   59  the Citizens Property Insurance Corporations policyholder
   60  eligibility clearinghouse program which are used to identify and
   61  select risks from the program be made confidential and exempt
   62  from public records requirements.
   63         Section 3. This act shall take effect on the same date that
   64  SB ____ or similar legislation creating s. 627.3518, Florida
   65  Statutes, the Citizen’s Property Insurance Corporation
   66  policyholder eligibility clearinghouse program, takes effect, if
   67  such legislation is adopted in the same legislative session or
   68  an extension thereof and becomes law.