CS for SB 1770                                   First Engrossed
       
       
       
       
       
       
       
       
       20131770e1
       
    1                        A bill to be entitled                      
    2         An act relating to property insurance; amending s.
    3         215.555, F.S.; changing the name of the Florida
    4         Hurricane Catastrophe Fund Finance Corporation to the
    5         State Board of Administration Finance Corporation;
    6         amending s. 624.155, F.S.; providing that Citizens
    7         Property Insurance Corporation is an insurer subject
    8         to civil actions as an agent of the state covered by
    9         sovereign immunity; amending s. 626.752, F.S.,
   10         relating to the exchange of business between an agent
   11         and insurer; providing an exemption from the
   12         requirements of that section to the corporation or
   13         certain private entities under certain circumstances;
   14         amending s. 627.062, F.S.; requiring the Office of
   15         Insurance Regulation to calculate and publish
   16         insurance inflation factors for use in residential
   17         property insurance filings; prohibiting the office
   18         from disapproving a rate as excessive due to the
   19         insurer’s purchase of reinsurance for certain
   20         purposes; deleting obsolete provisions; conforming
   21         cross-references; amending s. 627.0628, F.S.; adding a
   22         member to the Florida Commission on Hurricane Loss
   23         Projection Methodology; amending s. 627.0629, F.S.;
   24         requiring insurers to provide notice of mitigation
   25         discounts in a residential property insurance rate
   26         filing; amending s. 627.171, F.S.; allowing a consent
   27         to an excess rate to apply to subsequent policy
   28         renewals; limiting the allowable amount of excess
   29         rates to counties where there is no competition;
   30         amending s. 627.351, F.S.; revising legislative intent
   31         with respect to the corporation; reducing the value of
   32         residential structures that can be covered by the
   33         corporation; revising the corporation’s eligibility
   34         criteria for structures located seaward of the coastal
   35         construction control line; requiring the corporation’s
   36         board of governors to concur with certain decisions by
   37         the executive director; providing for risk-sharing
   38         agreements between the corporation and other insurers
   39         and specifying the requirements and limitations of
   40         such agreements; revising provisions relating to the
   41         appointment of the board of governors and the
   42         executive director; providing that renewal policies
   43         are not eligible for continued coverage by the
   44         corporation unless the premium for comparable coverage
   45         from an authorized insurer exceeds a certain
   46         percentage; deleting provisions allowing a
   47         policyholder removed from the corporation to remain
   48         eligible for coverage regardless of an offer of
   49         coverage from an authorized insurer; revising
   50         corporation criteria for appointing agents; requiring
   51         the corporation to provide coverage for mobile homes
   52         or manufactured homes and related structures;
   53         requiring disclosure of potential corporation
   54         surcharges and policyholder obligations to try and
   55         obtain private market coverage; revising provisions
   56         relating to the Auditor General’s review of the
   57         corporation; requiring the board to contract with an
   58         independent auditing firm to conduct performance
   59         audits; authorizing the corporation to adopt programs
   60         that encourage insurers to remove policies from the
   61         corporation through a loan secured by a surplus note;
   62         requiring the corporation to have an inspector
   63         general; providing for appointment; providing duties;
   64         requiring an annual report to the Legislature;
   65         revising provisions relating to purchases by the
   66         corporation; providing that the corporation is subject
   67         to state agency purchasing requirements; requiring the
   68         corporation to provide notice of purchasing decisions;
   69         providing procedures for protesting such decisions;
   70         providing applicability; revising the corporation’s
   71         rate standards; requiring that corporation rates be
   72         competitive with approved rates charged in the
   73         admitted market, actuarially sound, and include a
   74         catastrophe risk factor; requiring the corporation to
   75         annually certify its rates; requiring the board of
   76         directors to provide recommendations to the
   77         Legislature on ways of providing rate relief to those
   78         who demonstrate a financial need; deleting obsolete
   79         provisions; creating s. 627.3518, F.S.; establishing a
   80         clearinghouse within the corporation for identifying
   81         and diverting insurance coverage to private insurers;
   82         providing definitions; providing requirements and
   83         duties of the corporation, insurers, and agents;
   84         establishing a temporary keepout program that allows
   85         authorized insurers to provide coverage to applicants
   86         for coverage through the corporation through the
   87         market assistance program until the clearinghouse is
   88         operational; providing program components; providing
   89         for expiration; creating s. 627.352, F.S.; creating
   90         the Catastrophe Risk Capital Access Facility to
   91         facilitate insurer access to global risk capital
   92         markets and risk-transfer mechanisms; providing
   93         legislative findings and intent; providing that the
   94         facility may not operate as an insurer, reinsurer, or
   95         other risk-bearing entity, and is not a state agency,
   96         board, or commission; providing for membership;
   97         providing for an initial governing board which must
   98         submit a proposed plan of operation to the Office of
   99         Insurance Regulation and recommendations relating to
  100         public records and open meetings to the Legislature by
  101         a certain date; providing for termination of the
  102         initial board; providing for a permanent board;
  103         specifying provisions that must be addressed by the
  104         plan of operation; providing immunity from liability
  105         for the board; amending s. 627.405, F.S.; authorizing
  106         policyholders to assign benefits subject to conditions
  107         in the policy; amending s. 627.410, F.S.; conforming
  108         provisions to changes made by the act; amending s.
  109         627.706, F.S.; authorizing an insurer to offer a
  110         reduced amount of sinkhole coverage with an
  111         appropriate reduction in premium; providing effective
  112         dates.
  113  
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Paragraph (n) of subsection (2) and paragraph
  117  (d) of subsection (6) of section 215.555, Florida Statutes, are
  118  amended to read:
  119         215.555 Florida Hurricane Catastrophe Fund.—
  120         (2) DEFINITIONS.—As used in this section:
  121         (n) “Corporation” means the State Board of Administration
  122  Florida Hurricane Catastrophe Fund Finance Corporation created
  123  in paragraph (6)(d).
  124         (6) REVENUE BONDS.—
  125         (d) State Board of Administration Florida Hurricane
  126  Catastrophe Fund Finance Corporation.—
  127         1. In addition to the findings and declarations in
  128  subsection (1), the Legislature also finds and declares that:
  129         a. The public benefits corporation created under this
  130  paragraph will provide a mechanism necessary for the cost
  131  effective and efficient issuance of bonds. This mechanism will
  132  eliminate unnecessary costs in the bond issuance process,
  133  thereby increasing the amounts available for to pay
  134  reimbursement for losses to property sustained as a result of
  135  hurricane damage.
  136         b. The purpose of such bonds is to fund reimbursements
  137  through the Florida Hurricane Catastrophe Fund to pay for the
  138  costs of construction, reconstruction, repair, restoration, and
  139  other costs associated with damage to properties of
  140  policyholders of covered policies due to the occurrence of a
  141  hurricane.
  142         c. The efficacy of the financing mechanism will be enhanced
  143  by the corporation’s ownership of the assessments, by the
  144  insulation of the assessments from possible bankruptcy
  145  proceedings, and by covenants of the state with the
  146  corporation’s bondholders.
  147         2.a.The State Board of Administration Finance Corporation
  148  There is created, which is a public benefits corporation and,
  149  which is an instrumentality of the state, to be known as the
  150  Florida Hurricane Catastrophe Fund Finance Corporation. The
  151  State Board of Administration Finance Corporation is for all
  152  purposes the successor to the Florida Hurricane Catastrophe Fund
  153  Finance Corporation.
  154         a.b. The corporation shall operate under a five-member
  155  board of directors consisting of the Governor or a designee, the
  156  Chief Financial Officer or a designee, the Attorney General or a
  157  designee, the director of the Division of Bond Finance of the
  158  State Board of Administration, and the Chief Operating Officer
  159  senior employee of the State Board of Administration responsible
  160  for operations of the Florida Hurricane Catastrophe Fund.
  161         b.c. The corporation has all of the powers of corporations
  162  under chapter 607 and under chapter 617, subject only to the
  163  provisions of this subsection.
  164         c.d. The corporation may issue bonds and engage in such
  165  other financial transactions as are necessary to provide
  166  sufficient funds to achieve the purposes of this section.
  167         d.e. The corporation may invest in any of the investments
  168  authorized under s. 215.47.
  169         e.f. There is shall be no liability on the part of, and no
  170  cause of action shall arise against, any board members or
  171  employees of the corporation for any actions taken by them in
  172  the performance of their duties under this paragraph.
  173         3.a. In actions under chapter 75 to validate any bonds
  174  issued by the corporation, the notice required by s. 75.06 must
  175  shall be published in two newspapers of general circulation in
  176  the state, and the complaint and order of the court shall be
  177  served only on the State Attorney of the Second Judicial
  178  Circuit.
  179         b. The state hereby covenants with holders of bonds of the
  180  corporation that the state will not repeal or abrogate the power
  181  of the board to direct the Office of Insurance Regulation to
  182  levy the assessments and to collect the proceeds of the revenues
  183  pledged to the payment of such bonds as long as any such bonds
  184  remain outstanding unless adequate provision has been made for
  185  the payment of such bonds pursuant to the documents authorizing
  186  the issuance of the such bonds.
  187         c.4. The bonds of the corporation are not a debt of the
  188  state or of any political subdivision, and neither the state nor
  189  any political subdivision is liable on such bonds. The
  190  corporation may not does not have the power to pledge the
  191  credit, the revenues, or the taxing power of the state or of any
  192  political subdivision. The credit, revenues, or taxing power of
  193  the state or of any political subdivision may shall not be
  194  deemed to be pledged to the payment of any bonds of the
  195  corporation.
  196         d.5.a. The property, revenues, and other assets of the
  197  corporation; the transactions and operations of the corporation
  198  and the income from such transactions and operations; and all
  199  bonds issued under this paragraph and interest on such bonds are
  200  exempt from taxation by the state and any political subdivision,
  201  including the intangibles tax under chapter 199 and the income
  202  tax under chapter 220. This exemption does not apply to any tax
  203  imposed by chapter 220 on interest, income, or profits on debt
  204  obligations owned by corporations other than the State Board of
  205  Administration Florida Hurricane Catastrophe Fund Finance
  206  Corporation.
  207         e.b. All bonds of the corporation are shall be and
  208  constitute legal investments without limitation for all public
  209  bodies of this state; for all banks, trust companies, savings
  210  banks, savings associations, savings and loan associations, and
  211  investment companies; for all administrators, executors,
  212  trustees, and other fiduciaries; for all insurance companies and
  213  associations and other persons carrying on an insurance
  214  business; and for all other persons who are now or may hereafter
  215  be authorized to invest in bonds or other obligations of the
  216  state and are shall be and constitute eligible securities to be
  217  deposited as collateral for the security of any state, county,
  218  municipal, or other public funds. This sub-subparagraph shall be
  219  considered as additional and supplemental authority and may
  220  shall not be limited without specific reference to this sub
  221  subparagraph.
  222         4.6. The corporation and its corporate existence shall
  223  continue until terminated by law; however, no such law shall
  224  take effect as long as the corporation has bonds outstanding
  225  unless adequate provision has been made for the payment of such
  226  bonds pursuant to the documents authorizing the issuance of such
  227  bonds. Upon termination of the existence of the corporation, all
  228  of its rights and properties in excess of its obligations shall
  229  pass to and be vested in the state.
  230         Section 2. Subsection (1) of section 624.155, Florida
  231  Statutes, is amended and subsection (10) is added to that
  232  section, to read:
  233         624.155 Civil remedy.—
  234         (1) Any person may bring a civil action against an insurer,
  235  including Citizens Property Insurance Corporation, if when such
  236  person is damaged:
  237         (a) By a violation of any of the following provisions by
  238  the insurer:
  239         1. Section 626.9541(1)(i), (o), or (x);
  240         2. Section 626.9551;
  241         3. Section 626.9705;
  242         4. Section 626.9706;
  243         5. Section 626.9707; or
  244         6. Section 627.7283.
  245         (b) By the commission of any of the following acts by the
  246  insurer:
  247         1. Not attempting in good faith to settle claims if when,
  248  under all the circumstances, it could and should have done so,
  249  had it acted fairly and honestly toward its insured and with due
  250  regard for her or his interests;
  251         2. Making claims payments to insureds or beneficiaries not
  252  accompanied by a statement setting forth the coverage under
  253  which payments are being made; or
  254         3. Except as to liability coverages, failing to promptly
  255  settle claims, when the obligation to settle a claim has become
  256  reasonably clear, under one portion of the insurance policy
  257  coverage in order to influence settlements under other portions
  258  of the insurance policy coverage.
  259  
  260  Notwithstanding the provisions of this subsection the above to
  261  the contrary, a person pursuing a remedy under this section need
  262  not prove that such act was committed or performed with such
  263  frequency as to indicate a general business practice.
  264         (10) For the purposes of this section, Citizens Property
  265  Insurance Corporation is an agent of the state covered under s.
  266  768.28.
  267         Section 3. Subsection (4) of section 626.752, Florida
  268  Statutes, is amended to read:
  269         626.752 Exchange of business.—
  270         (4) The foregoing limitations and restrictions do shall not
  271  be construed and shall not apply to the placing of surplus lines
  272  business under the provisions of part VIII, or to the activities
  273  of Citizens Property Insurance Corporation when placing new and
  274  renewal business with authorized insurers in accordance with s.
  275  627.3518.
  276         Section 4. Subsection (2) and paragraph (d) of subsection
  277  (3) of section 627.062, Florida Statutes, are amended to read:
  278         627.062 Rate standards.—
  279         (2) As to all such classes of insurance:
  280         (a) Insurers or rating organizations shall establish and
  281  use rates, rating schedules, or rating manuals that allow the
  282  insurer a reasonable rate of return on the classes of insurance
  283  written in this state. A copy of rates, rating schedules, rating
  284  manuals, premium credits or discount schedules, and surcharge
  285  schedules, and changes thereto, must be filed with the office in
  286  accordance with under one of the following procedures:
  287         1. If the filing is made at least 90 days before the
  288  proposed effective date and is not implemented during the
  289  office’s review of the filing and any proceeding and judicial
  290  review, such filing is considered a “file and use” filing. In
  291  such case, the office shall finalize its review by issuance of a
  292  notice of intent to approve or a notice of intent to disapprove
  293  within 90 days after receipt of the filing. The notice of intent
  294  to approve and the notice of intent to disapprove constitute
  295  agency action for purposes of the Administrative Procedure Act.
  296  Requests for supporting information, requests for mathematical
  297  or mechanical corrections, or notification to the insurer by the
  298  office of its preliminary findings does not toll the 90-day
  299  period during any such proceedings and subsequent judicial
  300  review. The rate shall be deemed approved if the office does not
  301  issue a notice of intent to approve or a notice of intent to
  302  disapprove within 90 days after receipt of the filing.
  303         2. If the filing is not made in accordance with
  304  subparagraph 1., such filing must be made as soon as
  305  practicable, but within 30 days after the effective date, and is
  306  considered a “use and file” filing. An insurer making a “use and
  307  file” filing is potentially subject to an order by the office to
  308  return to policyholders those portions of rates found to be
  309  excessive to policyholders, as provided in paragraph (i) (h).
  310         3. For all property insurance filings made or submitted
  311  after January 25, 2007, but before May 1, 2012, an insurer
  312  seeking a rate that is greater than the rate most recently
  313  approved by the office shall make a “file and use” filing. For
  314  purposes of this subparagraph, motor vehicle collision and
  315  comprehensive coverages are not considered property coverages.
  316         (b) Upon receiving a rate filing, the office shall review
  317  the filing to determine if a rate is excessive, inadequate, or
  318  unfairly discriminatory. In making that determination, the
  319  office shall, in accordance with generally accepted and
  320  reasonable actuarial techniques, consider the following factors:
  321         1. Past and prospective loss experience within and without
  322  this state.
  323         2. Past and prospective expenses.
  324         3. The degree of competition among insurers for the risk
  325  insured.
  326         4. Investment income reasonably expected by the insurer,
  327  consistent with the insurer’s investment practices, from
  328  investable premiums anticipated from in the filing, plus any
  329  other expected income from currently invested assets
  330  representing the amount expected on unearned premium reserves
  331  and loss reserves. The commission may adopt rules that use using
  332  reasonable techniques of actuarial science and economics to
  333  specify the manner in which insurers calculate investment income
  334  attributable to classes of insurance written in this state and
  335  the manner in which investment income is used to calculate
  336  insurance rates. Such rules manner must allow contemplate
  337  allowances for an underwriting profit factor and full
  338  consideration of investment income which produce a reasonable
  339  rate of return; however, investment income from invested surplus
  340  may not be considered.
  341         5. The reasonableness of the judgment reflected in the
  342  filing.
  343         6. Dividends, savings, or unabsorbed premium deposits
  344  allowed or returned to state Florida policyholders, members, or
  345  subscribers.
  346         7. The adequacy of loss reserves.
  347         8. The cost of reinsurance. The office may not disapprove a
  348  rate as excessive solely due solely to the insurer having
  349  obtained catastrophic reinsurance to cover the insurer’s
  350  estimated 250-year probable maximum loss or any lower level of
  351  loss, or due solely to an admitted carrier purchasing private
  352  reinsurance that would insure against potential deficits within
  353  the Florida Hurricane Catastrophe Fund which the most recent
  354  estimate made pursuant to s. 215.555(4)(c)2. predicts would be
  355  funded through revenue bonds issued under s. 215.555(6).
  356         9. Trend factors, including trends in actual losses per
  357  insured unit for the insurer making the filing.
  358         10. Conflagration and catastrophe hazards, if applicable.
  359         11. Projected hurricane losses, if applicable, which must
  360  be estimated using a model or method found to be acceptable or
  361  reliable by the Florida Commission on Hurricane Loss Projection
  362  Methodology, and as further provided in s. 627.0628.
  363         12. A reasonable margin for underwriting profit and
  364  contingencies.
  365         13. The cost of medical services, if applicable.
  366         14. Other relevant factors that affect the frequency or
  367  severity of claims or expenses.
  368         (c) The office shall calculate and publish insurance
  369  inflation factors based on noncatastrophe direct loss costs for
  370  use in residential property insurance filings. The office shall
  371  update the published factors at least annually and make them
  372  available on its website. The calculation of insurance inflation
  373  factors are not subject to rulemaking under chapter 120.
  374         1. An insurer making a residential property insurance rate
  375  filing that proposes a change in noncatastrophe base rates by a
  376  uniform factor equal to or less than the applicable published
  377  insurance inflation factor, may make a rate filing under s.
  378  627.0645 which consists of a rate certification in lieu of a
  379  full rate filing under paragraph (a). The office shall verify
  380  insurer use of the appropriate published inflation factor and,
  381  if the inflation factor is used appropriately, the filed rates
  382  shall be deemed not excessive.
  383         2. An insurer filing under this paragraph may make a
  384  separate filing pursuant to paragraph (l) to adjust its rates
  385  for reinsurance rates, reinsurance financing costs and products,
  386  and cash buildup factor costs. The insurance inflation factors
  387  do not apply to these filings.
  388         3. This paragraph does not apply to filings made by
  389  Citizens Property Insurance Corporation.
  390         (d)(c) In the case of fire insurance rates, consideration
  391  must be given to the availability of water supplies and the
  392  experience of the fire insurance business during a period of not
  393  less than the most recent 5-year or longer period for which such
  394  experience is available.
  395         (e)(d) If conflagration or catastrophe hazards are
  396  considered by an insurer in its rates or rating plan, including
  397  surcharges and discounts, the insurer must shall establish a
  398  reserve for that portion of the premium allocated to such hazard
  399  and maintain the premium in a catastrophe reserve. Removal of
  400  such premiums from the reserve for purposes other than paying
  401  claims associated with a catastrophe or purchasing reinsurance
  402  for catastrophes must be approved by the office. Any ceding
  403  commission received by an insurer purchasing reinsurance for
  404  catastrophes must be placed in the catastrophe reserve.
  405         (f)(e) After consideration of the rate factors provided in
  406  paragraphs (b), (c), and (d), and (e) the office may find a rate
  407  to be excessive, inadequate, or unfairly discriminatory based
  408  upon the following standards:
  409         1. Rates shall be deemed excessive if they are likely to
  410  produce a profit from Florida business which is unreasonably
  411  high in relation to the risk involved in the class of business
  412  or if expenses are unreasonably high in relation to services
  413  rendered.
  414         2. Rates shall be deemed excessive if, among other things,
  415  the rate structure established by a stock insurance company
  416  provides for replenishment of surpluses from premiums, if the
  417  such replenishment is attributable to investment losses.
  418         3. Rates shall be deemed inadequate if they are clearly
  419  insufficient, together with the investment income attributable
  420  to them, they are clearly insufficient to sustain projected
  421  losses and expenses in the class of business to which they
  422  apply.
  423         4. A rating plan, including discounts, credits, or
  424  surcharges, shall be deemed unfairly discriminatory if it fails
  425  to clearly and equitably reflect consideration of the
  426  policyholder’s participation in a risk management program
  427  adopted pursuant to s. 627.0625.
  428         5. A rate shall be deemed inadequate as to the premium
  429  charged to a risk or group of risks if discounts or credits are
  430  allowed which exceed a reasonable reflection of expense savings
  431  and reasonably expected loss experience from the risk or group
  432  of risks.
  433         6. A rate shall be deemed unfairly discriminatory as to a
  434  risk or group of risks if the application of premium discounts,
  435  credits, or surcharges among such risks does not bear a
  436  reasonable relationship to the expected loss and expense
  437  experience among the various risks.
  438         (g)(f) In reviewing a rate filing, the office may require
  439  the insurer to provide, at the insurer’s expense, all
  440  information necessary to evaluate the condition of the company
  441  and the reasonableness of the filing according to the criteria
  442  enumerated in this section.
  443         (h)(g) The office may at any time review a rate, rating
  444  schedule, rating manual, or rate change; the pertinent records
  445  of the insurer; and market conditions. If the office finds on a
  446  preliminary basis that a rate may be excessive, inadequate, or
  447  unfairly discriminatory, the office shall initiate proceedings
  448  to disapprove the rate and shall so notify the insurer. However,
  449  the office may not disapprove as excessive any rate for which it
  450  has given final approval or which has been deemed approved for 1
  451  year after the effective date of the filing unless the office
  452  finds that a material misrepresentation or material error was
  453  made by the insurer or was contained in the filing. Upon
  454  notification being notified, the insurer or rating organization
  455  shall, within 60 days, file with the office all information
  456  that, in the belief of the insurer or organization, proves the
  457  reasonableness, adequacy, and fairness of the rate or rate
  458  change. The office shall issue a notice of intent to approve or
  459  a notice of intent to disapprove pursuant to paragraph (a)
  460  within 90 days after receipt of the insurer’s initial response.
  461  In such instances and in any administrative proceeding relating
  462  to the legality of the rate, the insurer or rating organization
  463  shall carry the burden of proof of showing, by a preponderance
  464  of the evidence, to show that the rate is not excessive,
  465  inadequate, or unfairly discriminatory. After the office
  466  notifies an insurer that a rate may be excessive, inadequate, or
  467  unfairly discriminatory, unless the office withdraws the
  468  notification, the insurer may not alter the rate except to
  469  conform to the office’s notice until the earlier of 120 days
  470  after the date the notification was provided or 180 days after
  471  the date of implementing the rate. The office, Subject to
  472  chapter 120, the office may disapprove without the 60-day
  473  notification any rate increase filed by an insurer within the
  474  prohibited time period or during the time that the legality of
  475  the increased rate is being contested.
  476         (i)(h) If the office finds that a rate or rate change is
  477  excessive, inadequate, or unfairly discriminatory, the office
  478  shall issue an order of disapproval requiring specifying that a
  479  new rate or rate schedule, which responds to the findings of the
  480  office, be filed by the insurer. The office shall further order,
  481  for any “use and file” filing made in accordance with
  482  subparagraph (a)2., that the portion of premiums charged which
  483  constitute each policyholder constituting the portion of the
  484  rate above that which was actuarially justified be returned to
  485  the policyholder in the form of a credit or refund. If the
  486  office finds that an insurer’s rate or rate change is
  487  inadequate, the new rate or rate schedule filed with the office
  488  in response to such a finding applies is applicable only to new
  489  or renewal business of the insurer written by the insurer on or
  490  after the effective date of the responsive filing.
  491         (j)(i) Except as otherwise specifically provided in this
  492  chapter, for property and casualty insurance the office may not
  493  directly or indirectly:
  494         1. Prohibit an any insurer, including any residual market
  495  plan or joint underwriting association, from paying acquisition
  496  costs based on the full amount of premium, as defined in s.
  497  627.403, applicable to any policy, or prohibit any such insurer
  498  from including the full amount of acquisition costs in a rate
  499  filing; or
  500         2. Impede, abridge, or otherwise compromise an insurer’s
  501  right to acquire policyholders, advertise, or appoint agents,
  502  including the calculation, manner, or amount of such agent
  503  commissions, if any.
  504         (k)(j) With respect to residential property insurance rate
  505  filings, the rate filing must account for mitigation measures
  506  undertaken by policyholders to reduce hurricane losses.
  507         (l)(k)1. A residential property insurer may make a separate
  508  filing limited solely to an adjustment of its rates for
  509  reinsurance, the cost of financing products used as a
  510  replacement for reinsurance, financing costs incurred in the
  511  purchase of reinsurance, and the actual cost paid due to the
  512  application of the cash build-up factor pursuant to s.
  513  215.555(5)(b) if the insurer:
  514         a. Elects to purchase financing products, such as a
  515  liquidity instrument or line of credit, in which case the cost
  516  included in filing for the liquidity instrument or line of
  517  credit may not result in a premium increase exceeding 3 percent
  518  for any individual policyholder. All costs contained in the
  519  filing may not result in an overall premium increase of more
  520  than 15 percent for any individual policyholder.
  521         b. Includes in the filing a copy of all of its reinsurance,
  522  liquidity instrument, or line of credit contracts; proof of the
  523  billing or payment for the contracts; and the calculation upon
  524  which the proposed rate change is based demonstrating that the
  525  costs meet the criteria of this section.
  526         2. An insurer that purchases reinsurance or financing
  527  products from an affiliated company may make a separate filing
  528  only if the costs for such reinsurance or financing products are
  529  charged at or below charges made for comparable coverage by
  530  nonaffiliated reinsurers or financial entities making such
  531  coverage or financing products available in this state.
  532         3. An insurer may make only one filing per 12-month period
  533  under this paragraph.
  534         4. An insurer that elects to implement a rate change under
  535  this paragraph must file its rate filing with the office at
  536  least 45 days before the effective date of the rate change.
  537  After an insurer submits a complete filing that meets all of the
  538  requirements of this paragraph, the office has 45 days after the
  539  date of the filing to review the rate filing and determine if
  540  the rate is excessive, inadequate, or unfairly discriminatory.
  541  
  542  The provisions of this subsection do not apply to workers’
  543  compensation, employer’s liability insurance, and motor vehicle
  544  insurance.
  545         (3)
  546         (d)1. The following categories or kinds of insurance and
  547  types of commercial lines risks are not subject to paragraph
  548  (2)(a) or paragraph (2)(g) (2)(f):
  549         a. Excess or umbrella.
  550         b. Surety and fidelity.
  551         c. Boiler and machinery and leakage and fire extinguishing
  552  equipment.
  553         d. Errors and omissions.
  554         e. Directors and officers, employment practices, fiduciary
  555  liability, and management liability.
  556         f. Intellectual property and patent infringement liability.
  557         g. Advertising injury and Internet liability insurance.
  558         h. Property risks rated under a highly protected risks
  559  rating plan.
  560         i. General liability.
  561         j. Nonresidential property, except for collateral
  562  protection insurance as defined in s. 624.6085.
  563         k. Nonresidential multiperil.
  564         l. Excess property.
  565         m. Burglary and theft.
  566         n. Any other commercial lines categories or kinds of
  567  insurance or types of commercial lines risks that the office
  568  determines should not be subject to paragraph (2)(a) or
  569  paragraph (2)(g) (2)(f) because of the existence of a
  570  competitive market for such insurance, similarity of such
  571  insurance to other categories or kinds of insurance not subject
  572  to paragraph (2)(a) or paragraph (2)(g) (2)(f), or to improve
  573  the general operational efficiency of the office.
  574         2. Insurers or rating organizations shall establish and use
  575  rates, rating schedules, or rating manuals that to allow the
  576  insurer a reasonable rate of return on insurance and risks
  577  described in subparagraph 1. which are written in this state.
  578         3. An insurer must notify the office of any changes to
  579  rates for insurance and risks described in subparagraph 1.
  580  within 30 days after the effective date of the change. The
  581  notice must include the name of the insurer, the type or kind of
  582  insurance subject to rate change, total premium written during
  583  the immediately preceding year by the insurer for the type or
  584  kind of insurance subject to the rate change, and the average
  585  statewide percentage change in rates. Underwriting files,
  586  premiums, losses, and expense statistics relating with regard to
  587  such insurance and risks written by an insurer must be
  588  maintained by the insurer and subject to examination by the
  589  office. Upon examination, the office, in accordance with
  590  generally accepted and reasonable actuarial techniques, shall
  591  consider the rate factors in paragraphs (2)(b), (d) (c), and (e)
  592  (d) and the standards in paragraph (2)(f) (2)(e) to determine if
  593  the rate is excessive, inadequate, or unfairly discriminatory.
  594         4. A rating organization must notify the office of any
  595  changes to loss cost for insurance and risks described in
  596  subparagraph 1. within 30 days after the effective date of the
  597  change. The notice must include the name of the rating
  598  organization, the type or kind of insurance subject to a loss
  599  cost change, loss costs during the immediately preceding year
  600  for the type or kind of insurance subject to the loss cost
  601  change, and the average statewide percentage change in loss
  602  cost. Actuarial data relating with regard to changes to loss
  603  cost for risks not subject to paragraph (2)(a) or paragraph
  604  (2)(g) (2)(f) must be maintained by the rating organization for
  605  2 years after the effective date of the change and are subject
  606  to examination by the office. The office may require the rating
  607  organization to incur the costs associated with an examination.
  608  Upon examination, the office, in accordance with generally
  609  accepted and reasonable actuarial techniques, shall consider the
  610  rate factors in paragraphs (2)(b), (d), and (e) (2)(b)-(d) and
  611  the standards in paragraph (2)(f) (2)(e) to determine if the
  612  rate is excessive, inadequate, or unfairly discriminatory.
  613         Section 5. Paragraph (b) of subsection (2) of section
  614  627.0628, Florida Statutes, is amended to read:
  615         627.0628 Florida Commission on Hurricane Loss Projection
  616  Methodology; public records exemption; public meetings
  617  exemption.—
  618         (2) COMMISSION CREATED.—
  619         (b) The commission shall consist of the following 12 11
  620  members:
  621         1. The insurance consumer advocate.
  622         2. The senior employee of the State Board of Administration
  623  responsible for operations of the Florida Hurricane Catastrophe
  624  Fund.
  625         3. The Executive Director of the Citizens Property
  626  Insurance Corporation.
  627         4. The Director of the Division of Emergency Management.
  628         5. The actuary member of the Florida Hurricane Catastrophe
  629  Fund Advisory Council.
  630         6. An employee of the office who is an actuary responsible
  631  for property insurance rate filings and who is appointed by the
  632  director of the office.
  633         7. Five members appointed by the Chief Financial Officer,
  634  as follows:
  635         a. An actuary who is employed full time by a property and
  636  casualty insurer that was responsible for at least 1 percent of
  637  the aggregate statewide direct written premium for homeowner’s
  638  insurance in the calendar year preceding the member’s
  639  appointment to the commission.
  640         b. An expert in insurance finance who is a full-time member
  641  of the faculty of the State University System and who has a
  642  background in actuarial science.
  643         c. An expert in statistics who is a full-time member of the
  644  faculty of the State University System and who has a background
  645  in insurance.
  646         d. An expert in computer system design who is a full-time
  647  member of the faculty of the State University System.
  648         e. An expert in meteorology who is a full-time member of
  649  the faculty of the State University System and who specializes
  650  in hurricanes.
  651         8. A licensed professional structural engineer who is a
  652  full-time faculty member in the State University System and who
  653  has expertise in wind mitigation techniques. This appointment
  654  shall be made by the Governor.
  655         Section 6. Subsection (1) of section 627.0629, Florida
  656  Statutes, is amended to read:
  657         627.0629 Residential property insurance; rate filings.—
  658         (1) It is the intent of the Legislature that insurers
  659  provide savings to consumers who install or implement windstorm
  660  damage mitigation techniques, alterations, or solutions to their
  661  properties to prevent windstorm losses. A rate filing for
  662  residential property insurance must include notice of the
  663  mitigation discounts offered by the insurer, which must be
  664  actuarially reasonable discounts, credits, or other rate
  665  differentials, or appropriate reductions in deductibles, for
  666  properties on which fixtures or construction techniques
  667  demonstrated to reduce the amount of loss in a windstorm have
  668  been installed or implemented. The fixtures or construction
  669  techniques must include, but are not limited to, fixtures or
  670  construction techniques that enhance roof strength, roof
  671  covering performance, roof-to-wall strength, wall-to-floor-to
  672  foundation strength, opening protection, and the impact
  673  resistance of window, door, and skylight openings strength.
  674  Credits, discounts, or other rate differentials, or appropriate
  675  reductions in deductibles, for fixtures and construction
  676  techniques that meet the minimum requirements of the Florida
  677  Building Code must be included in the rate filing. The office
  678  shall determine the discounts, credits, other rate
  679  differentials, and appropriate reductions in deductibles that
  680  reflect the full actuarial value of such revaluation, which may
  681  be used by insurers in rate filings.
  682         Section 7. Section 627.171, Florida Statutes, is amended to
  683  read:
  684         627.171 Excess rates.—
  685         (1) With the written consent of the insured signed before
  686  prior to the policy inception date and filed with the insurer,
  687  the insurer may use a rate in excess of the otherwise applicable
  688  filed rate on any specific risk. The signed consent form is
  689  valid for subsequent renewals and must include the filed rate as
  690  well as the excess rate for the risk insured., and A copy of the
  691  form must be maintained by the insurer for 3 years and be
  692  available for review by the office.
  693         (2) In those counties in which the office has determined
  694  there is not a reasonable degree of competition, an insurer may
  695  not use excess rates authorized under pursuant to this section
  696  for more than 10 percent of its commercial insurance policies
  697  written or renewed in each calendar year for any line of
  698  commercial insurance or for more than 5 percent of its personal
  699  lines insurance policies written or renewed in each calendar
  700  year for any line of personal insurance. In determining the 10
  701  percent limitation for commercial insurance policies, the
  702  insurer shall exclude a any workers’ compensation policy that
  703  was written for an employer who had coverage in the joint
  704  underwriting plan created by s. 627.311(5) immediately before
  705  prior to the writing of the policy by the insurer and a any
  706  workers’ compensation policy that was written for an employer
  707  who had been offered coverage in the joint underwriting plan but
  708  who was written a policy by the insurer in lieu of accepting the
  709  joint underwriting plan policy. Such These workers’ compensation
  710  policies shall be excluded from the 10-percent limitation for
  711  the first 3 years of coverage.
  712         Section 8. Paragraphs (a), (b), (c), (g), (i), (m), (q),
  713  and (z) of subsection (6) of section 627.351, Florida Statutes,
  714  are amended, and paragraph (gg) is added to that subsection, to
  715  read:
  716         627.351 Insurance risk apportionment plans.—
  717         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  718         (a) The public purpose of this subsection is to ensure that
  719  there is an orderly market for property insurance for residents
  720  and businesses of this state.
  721         1. The Legislature finds that private insurers are entering
  722  the Florida property insurance market unwilling or unable to
  723  provide affordable property insurance coverage in many regions
  724  of the state. The Legislature further finds that when Citizens
  725  Property Insurance Corporation offers rates that are not
  726  adequate to cover the average costs that are generated from the
  727  claims filed by its policyholders, the deficiency may create a
  728  financial burden on all other state policyholders who must
  729  purchase their own insurance from private insurers at full
  730  actuarial cost and pay an added fee to cover a portion of the
  731  cost for claims filed by policyholders of the corporation. The
  732  Legislature intends that the corporation not act as a barrier or
  733  competitor to the private insurance market but be available to
  734  residents of in this state only if there is no private market
  735  coverage available at rates determined reasonable by the Office
  736  of Insurance Regulation to the extent sought and needed. The
  737  absence of affordable property insurance threatens the public
  738  health, safety, and welfare and likewise threatens the economic
  739  health of the state. As the corporation has continued its rapid
  740  growth and exposure, it increasingly threatens state residents
  741  with having to absorb an even greater financial burden than they
  742  are currently bearing. The state, therefore, has a compelling
  743  public interest and a public purpose to assist in assuring that
  744  property in the state is insured and that it is insured at
  745  affordable, actuarially sound, noncompetitive rates so as to
  746  facilitate the remediation, reconstruction, and replacement of
  747  damaged or destroyed property without overburdening the
  748  policyholders of this state in order to reduce or avoid the
  749  negative effects on otherwise resulting to the public health,
  750  safety, and welfare; on, to the economy of the state; and on,
  751  and to the revenues of the state and local governments which are
  752  needed to provide for the public welfare. It is necessary,
  753  therefore, to make provide affordable, actuarially sound,
  754  noncompetitive property insurance available to applicants who
  755  are, in good faith, entitled to procure insurance through the
  756  voluntary market but are unable to do so. The Legislature
  757  intends, therefore, that affordable, actuarially sound,
  758  noncompetitive property insurance be provided and that it
  759  continue to be provided, as long as necessary, through Citizens
  760  Property Insurance Corporation, a government entity that is an
  761  integral part of the state, and that is not a private insurance
  762  company, or through referrals to private insurers participating
  763  in a clearinghouse established by the corporation. To that end,
  764  the corporation shall strive to promote increase the
  765  availability of affordable and actuarially sound private
  766  property insurance in this state, supplemented by coverage
  767  provided by the corporation if appropriate, while achieving
  768  efficiencies and economies, and while providing service to
  769  policyholders, applicants, and agents which is no less than the
  770  quality generally provided in the voluntary market, for the
  771  achievement of the foregoing public purposes. Because it is
  772  essential for this government entity to have the maximum
  773  financial resources to pay claims following a catastrophic
  774  hurricane, it is further the intent of the Legislature that the
  775  corporation continue to be an integral part of the state and not
  776  a private insurance company, and that the income of the
  777  corporation be exempt from federal income taxation, and that
  778  interest on the debt obligations issued by the corporation be
  779  exempt from federal income taxation.
  780         2. The Residential Property and Casualty Joint Underwriting
  781  Association originally created by this statute shall be known as
  782  the Citizens Property Insurance Corporation. The corporation
  783  shall provide insurance for residential and commercial property
  784  insurance, for applicants who are eligible entitled, but, in
  785  good faith, are unable to procure insurance through the
  786  voluntary market. The corporation shall operate pursuant to a
  787  plan of operation approved by order of the Financial Services
  788  Commission. The plan is subject to continuous review by the
  789  commission, and. the commission may, by order, withdraw approval
  790  of all or part of a plan if the commission determines that
  791  conditions have changed since approval was granted and that the
  792  purposes of the plan require changes in the plan. For the
  793  purposes of this subsection, residential coverage includes both
  794  personal lines residential coverage, which consists of the type
  795  of coverage provided by homeowner’s, mobile home owner’s,
  796  dwelling, tenant’s, condominium unit owner’s, and similar
  797  policies; and commercial lines residential coverage, which
  798  consists of the type of coverage provided by condominium
  799  association, apartment building, and similar policies.
  800         3. With respect to coverage for personal lines residential
  801  structures:
  802         a. Effective January 1, 2014 2009, a personal lines
  803  residential structure that has a dwelling replacement cost of $1
  804  $2 million or more, or a single condominium unit that has a
  805  combined dwelling and contents replacement cost of $1 $2 million
  806  or more is not eligible for coverage by the corporation. Such
  807  dwellings insured by the corporation on December 31, 2013 2008,
  808  may continue to be covered by the corporation until the end of
  809  the policy term. However, such dwellings may reapply and obtain
  810  coverage if the property owner provides the corporation with a
  811  sworn affidavit from one or more insurance agents, on a form
  812  provided by the corporation, stating that the agents have made
  813  their best efforts to obtain coverage and that the property has
  814  been rejected for coverage by at least one authorized insurer
  815  and at least three surplus lines insurers. If such conditions
  816  are met, the dwelling may be insured by the corporation for up
  817  to 3 years, after which time the dwelling is ineligible for
  818  coverage. The office shall approve the method used by the
  819  corporation for valuing the dwelling replacement costs under
  820  cost for the purposes of this subparagraph. If a policyholder is
  821  insured by the corporation before prior to being determined to
  822  be ineligible pursuant to this subparagraph and such
  823  policyholder files a lawsuit challenging the determination, the
  824  policyholder may remain insured by the corporation until the
  825  conclusion of the litigation.
  826         b. Effective January 1, 2015, a structure that has a
  827  dwelling replacement cost of $900,000 or more, or a single
  828  condominium unit that has a combined dwelling and contents
  829  replacement cost of $900,000 or more, is not eligible for
  830  coverage by the corporation. Such dwellings insured by the
  831  corporation on December 31, 2014, may continue to be covered by
  832  the corporation until the end of the policy term.
  833         c. Effective January 1, 2016, a structure that has a
  834  dwelling replacement cost of $800,000 or more, or a single
  835  condominium unit that has a combined dwelling and contents
  836  replacement cost of $800,000 or more, is not eligible for
  837  coverage by the corporation. Such dwellings insured by the
  838  corporation on December 31, 2015, may continue to be covered by
  839  the corporation until the end of the policy term.
  840         d. Effective January 1, 2017, a structure that has a
  841  dwelling replacement cost of $700,000 or more, or a single
  842  condominium unit that has a combined dwelling and contents
  843  replacement cost of $700,000 or more, is not eligible for
  844  coverage by the corporation. Such dwellings insured by the
  845  corporation on December 31, 2016, may continue to be covered by
  846  the corporation until the end of the policy term.
  847         e. Effective January 1, 2018, a structure that has a
  848  dwelling replacement cost of $600,000 or more, or a single
  849  condominium unit that has a combined dwelling and contents
  850  replacement cost of $600,000 or more, is not eligible for
  851  coverage by the corporation. Such dwellings insured by the
  852  corporation on December 31, 2017, may continue to be covered by
  853  the corporation until the end of the policy term.
  854         f. Effective January 1, 2019, a structure that has a
  855  dwelling replacement cost of $500,000 or more, or a single
  856  condominium unit that has a combined dwelling and contents
  857  replacement cost of $500,000 or more, is not eligible for
  858  coverage by the corporation. Such dwellings insured by the
  859  corporation on December 31, 2018, may continue to be covered by
  860  the corporation until the end of the policy term.
  861  
  862  The requirements of sub-subparagraphs b.-f. do not apply in
  863  counties where the office determines there is not a reasonable
  864  degree of competition. In such counties the eligibility
  865  requirements of sub-subparagraph a. apply.
  866         4. It is the intent of the Legislature that policyholders,
  867  applicants, and agents of the corporation receive service and
  868  treatment of the highest possible level but never less than that
  869  generally provided in the voluntary market. It is also intended
  870  that the corporation be held to service standards no less than
  871  those applied to insurers in the voluntary market by the office
  872  with respect to responsiveness, timeliness, customer courtesy,
  873  and overall dealings with policyholders, applicants, or agents
  874  of the corporation.
  875         5. A new structure for which a notice of commencement has
  876  been issued on or after July 1, 2014, pursuant to s. 713.135,
  877  which is located seaward of the coastal construction control
  878  line created pursuant to s. 161.053, is ineligible for coverage
  879  through the corporation unless the structure meets the coastal
  880  code-plus building code criteria developed and recommended by
  881  the Florida Building Commission. Filing a notice of commencement
  882  for an addition to an existing structure that was built before
  883  July 1, 2014, requires that the addition be built according to
  884  the code-plus building criteria but does not require that the
  885  existing structure meet the code-plus criteria in order to be
  886  eligible for coverage through the corporation. Effective January
  887  1, 2009, a personal lines residential structure that is located
  888  in the “wind-borne debris region,” as defined in s. 1609.2,
  889  International Building Code (2006), and that has an insured
  890  value on the structure of $750,000 or more is not eligible for
  891  coverage by the corporation unless the structure has opening
  892  protections as required under the Florida Building Code for a
  893  newly constructed residential structure in that area. A
  894  residential structure shall be deemed to comply with this
  895  subparagraph if it has shutters or opening protections on all
  896  openings and if such opening protections complied with the
  897  Florida Building Code at the time they were installed.
  898         6. For any claim filed under any policy of the corporation,
  899  a public adjuster may not charge, agree to, or accept any
  900  compensation, payment, commission, fee, or other thing of value
  901  greater than 10 percent of the additional amount actually paid
  902  over the amount that was originally offered by the corporation
  903  for any one claim.
  904         (b)1. All insurers authorized to write one or more subject
  905  lines of business in this state are subject to assessment by the
  906  corporation and, for the purposes of this subsection, are
  907  referred to collectively as “assessable insurers.” Insurers
  908  writing one or more subject lines of business in this state
  909  pursuant to part VIII of chapter 626 are not assessable
  910  insurers; however, but insureds who procure one or more subject
  911  lines of business in this state pursuant to part VIII of chapter
  912  626 are subject to assessment by the corporation and are
  913  referred to collectively as “assessable insureds.” An insurer’s
  914  assessment liability begins on the first day of the calendar
  915  year following the year in which the insurer was issued a
  916  certificate of authority to transact insurance for subject lines
  917  of business in this state and terminates 1 year after the end of
  918  the first calendar year during which the insurer no longer holds
  919  a certificate of authority to transact insurance for subject
  920  lines of business in this state.
  921         2.a. All revenues, assets, liabilities, losses, and
  922  expenses of the corporation shall be divided into three separate
  923  accounts as follows:
  924         (I) A personal lines account for personal residential
  925  policies issued by the corporation, or issued by the Residential
  926  Property and Casualty Joint Underwriting Association and renewed
  927  by the corporation, which provides comprehensive, multiperil
  928  coverage on risks that are not located in areas eligible for
  929  coverage by the Florida Windstorm Underwriting Association as
  930  those areas were defined on January 1, 2002, and for policies
  931  that do not provide coverage for the peril of wind on risks that
  932  are located in such areas;
  933         (II) A commercial lines account for commercial residential
  934  and commercial nonresidential policies issued by the
  935  corporation, or issued by the Residential Property and Casualty
  936  Joint Underwriting Association and renewed by the corporation,
  937  which provides coverage for basic property perils on risks that
  938  are not located in areas eligible for coverage by the Florida
  939  Windstorm Underwriting Association as those areas were defined
  940  on January 1, 2002, and for policies that do not provide
  941  coverage for the peril of wind on risks that are located in such
  942  areas; and
  943         (III) A coastal account for personal residential policies
  944  and commercial residential and commercial nonresidential
  945  property policies issued by the corporation, or transferred to
  946  the corporation, which provides coverage for the peril of wind
  947  on risks that are located in areas eligible for coverage by the
  948  Florida Windstorm Underwriting Association as those areas were
  949  defined on January 1, 2002. The corporation may offer policies
  950  that provide multiperil coverage and the corporation shall
  951  continue to offer policies that provide coverage only for the
  952  peril of wind for risks located in areas eligible for coverage
  953  in the coastal account. In issuing multiperil coverage, the
  954  corporation may use its approved policy forms and rates for the
  955  personal lines account. An applicant or insured who is eligible
  956  to purchase a multiperil policy from the corporation may
  957  purchase a multiperil policy from an authorized insurer without
  958  prejudice to the applicant’s or insured’s eligibility to
  959  prospectively purchase a policy that provides coverage only for
  960  the peril of wind from the corporation. An applicant or insured
  961  who is eligible for a corporation policy that provides coverage
  962  only for the peril of wind may elect to purchase or retain such
  963  policy and also purchase or retain coverage excluding wind from
  964  an authorized insurer without prejudice to the applicant’s or
  965  insured’s eligibility to prospectively purchase a policy that
  966  provides multiperil coverage from the corporation. It is the
  967  goal of the Legislature that there be an overall average savings
  968  of 10 percent or more for a policyholder who currently has a
  969  wind-only policy with the corporation, and an ex-wind policy
  970  with a voluntary insurer or the corporation, and who obtains a
  971  multiperil policy from the corporation. It is the intent of the
  972  Legislature that the offer of multiperil coverage in the coastal
  973  account be made and implemented in a manner that does not
  974  adversely affect the tax-exempt status of the corporation or
  975  creditworthiness of or security for currently outstanding
  976  financing obligations or credit facilities of the coastal
  977  account, the personal lines account, or the commercial lines
  978  account. The coastal account must also include quota share
  979  primary insurance under subparagraph (c)2. The area eligible for
  980  coverage under the coastal account also includes the area within
  981  Port Canaveral, which is bordered on the south by the City of
  982  Cape Canaveral, bordered on the west by the Banana River, and
  983  bordered on the north by Federal Government property.
  984         b. The three separate accounts must be maintained as long
  985  as financing obligations entered into by the Florida Windstorm
  986  Underwriting Association or Residential Property and Casualty
  987  Joint Underwriting Association are outstanding, in accordance
  988  with the terms of the corresponding financing documents. If the
  989  financing obligations are no longer outstanding, the corporation
  990  may use a single account for all revenues, assets, liabilities,
  991  losses, and expenses of the corporation. Consistent with this
  992  subparagraph and prudent investment policies that minimize the
  993  cost of carrying debt, the board shall exercise its best efforts
  994  to retire existing debt or obtain the approval of necessary
  995  parties to amend the terms of existing debt, in order so as to
  996  structure the most efficient plan for consolidating to
  997  consolidate the three separate accounts into a single account.
  998         c. Creditors of the Residential Property and Casualty Joint
  999  Underwriting Association and the accounts specified in sub-sub
 1000  subparagraphs a.(I) and (II) may have a claim against, and
 1001  recourse to, those accounts and no claim against, or recourse
 1002  to, the account referred to in sub-sub-subparagraph a.(III).
 1003  Creditors of the Florida Windstorm Underwriting Association have
 1004  a claim against, and recourse to, the account referred to in
 1005  sub-sub-subparagraph a.(III) and no claim against, or recourse
 1006  to, the accounts referred to in sub-sub-subparagraphs a.(I) and
 1007  (II).
 1008         d. Revenues, assets, liabilities, losses, and expenses not
 1009  attributable to particular accounts shall be prorated among the
 1010  accounts.
 1011         e. The Legislature finds that the revenues of the
 1012  corporation are revenues that are necessary to meet the
 1013  requirements set forth in documents authorizing the issuance of
 1014  bonds under this subsection.
 1015         f. The income of the corporation may not inure to the
 1016  benefit of any private person.
 1017         3. With respect to a deficit in an account:
 1018         a. After accounting for the Citizens policyholder surcharge
 1019  imposed under sub-subparagraph i., if the remaining projected
 1020  deficit incurred in the coastal account in a particular calendar
 1021  year:
 1022         (I) Is not greater than 2 percent of the aggregate
 1023  statewide direct written premium for the subject lines of
 1024  business for the prior calendar year, the entire deficit shall
 1025  be recovered through regular assessments of assessable insurers
 1026  under paragraph (q) and assessable insureds.
 1027         (II) Exceeds 2 percent of the aggregate statewide direct
 1028  written premium for the subject lines of business for the prior
 1029  calendar year, the corporation shall levy regular assessments on
 1030  assessable insurers under paragraph (q) and on assessable
 1031  insureds in an amount equal to the greater of 2 percent of the
 1032  projected deficit or 2 percent of the aggregate statewide direct
 1033  written premium for the subject lines of business for the prior
 1034  calendar year. Any remaining projected deficit shall be
 1035  recovered through emergency assessments under sub-subparagraph
 1036  d.
 1037         b. Each assessable insurer’s share of the amount being
 1038  assessed under sub-subparagraph a. must be in the proportion
 1039  that the assessable insurer’s direct written premium for the
 1040  subject lines of business for the year preceding the assessment
 1041  bears to the aggregate statewide direct written premium for the
 1042  subject lines of business for that year. The assessment
 1043  percentage applicable to each assessable insured is the ratio of
 1044  the amount being assessed under sub-subparagraph a. to the
 1045  aggregate statewide direct written premium for the subject lines
 1046  of business for the prior year. Assessments levied by the
 1047  corporation on assessable insurers under sub-subparagraph a.
 1048  must be paid as required by the corporation’s plan of operation
 1049  and paragraph (q). Assessments levied by the corporation on
 1050  assessable insureds under sub-subparagraph a. shall be collected
 1051  by the surplus lines agent at the time the surplus lines agent
 1052  collects the surplus lines tax required by s. 626.932, and paid
 1053  to the Florida Surplus Lines Service Office at the time the
 1054  surplus lines agent pays the surplus lines tax to that office.
 1055  Upon receipt of regular assessments from surplus lines agents,
 1056  the Florida Surplus Lines Service Office shall transfer the
 1057  assessments directly to the corporation as determined by the
 1058  corporation.
 1059         c. After accounting for the Citizens policyholder surcharge
 1060  imposed under sub-subparagraph i., the remaining projected
 1061  deficits in the personal lines account and in the commercial
 1062  lines account in a particular calendar year shall be recovered
 1063  through emergency assessments under sub-subparagraph d.
 1064         d. Upon a determination by the executive director, with the
 1065  concurrence of the board of governors, that a projected deficit
 1066  in an account exceeds the amount that is expected to be
 1067  recovered through regular assessments under sub-subparagraph a.,
 1068  plus the amount that is expected to be recovered through
 1069  policyholder surcharges under sub-subparagraph i., the executive
 1070  director, with concurrence by the board, after verification by
 1071  the office, shall levy emergency assessments for as many years
 1072  as necessary to cover the deficits, to be collected by
 1073  assessable insurers and the corporation and collected from
 1074  assessable insureds upon issuance or renewal of policies for
 1075  subject lines of business, excluding National Flood Insurance
 1076  policies. The executive director shall notify the Financial
 1077  Services Commission of the emergency assessments within 5 days
 1078  after the board’s concurrence with the executive director’s
 1079  determination that such assessments are necessary. The amount
 1080  collected in a particular year must be a uniform percentage of
 1081  that year’s direct written premium for subject lines of business
 1082  and all accounts of the corporation, excluding National Flood
 1083  Insurance Program policy premiums, as annually determined by the
 1084  executive director, with concurrence by the board, and verified
 1085  by the office. The office shall verify the arithmetic
 1086  calculations involved in the board’s determination within 30
 1087  days after receipt of the information on which the determination
 1088  was based. The office shall notify assessable insurers and the
 1089  Florida Surplus Lines Service Office of the date on which
 1090  assessable insurers shall begin to collect and assessable
 1091  insureds shall begin to pay such assessment. The date must be at
 1092  least may be not less than 90 days after the date the
 1093  corporation levies emergency assessments pursuant to this sub
 1094  subparagraph. Notwithstanding any other provision of law, the
 1095  corporation and each assessable insurer that writes subject
 1096  lines of business shall collect emergency assessments from its
 1097  policyholders without such obligation being affected by any
 1098  credit, limitation, exemption, or deferment. Emergency
 1099  assessments levied by the corporation on assessable insureds
 1100  shall be collected by the surplus lines agent at the time the
 1101  surplus lines agent collects the surplus lines tax required by
 1102  s. 626.932 and paid to the Florida Surplus Lines Service Office
 1103  at the time the surplus lines agent pays the surplus lines tax
 1104  to that office. The emergency assessments collected shall be
 1105  transferred directly to the corporation on a periodic basis as
 1106  determined by the corporation and held by the corporation solely
 1107  in the applicable account. The aggregate amount of emergency
 1108  assessments levied for an account under this sub-subparagraph in
 1109  any calendar year may be less than but not exceed the greater of
 1110  10 percent of the amount needed to cover the deficit, plus
 1111  interest, fees, commissions, required reserves, and other costs
 1112  associated with financing the original deficit, or 10 percent of
 1113  the aggregate statewide direct written premium for subject lines
 1114  of business and all accounts of the corporation for the prior
 1115  year, plus interest, fees, commissions, required reserves, and
 1116  other costs associated with financing the deficit.
 1117         e. The corporation may pledge the proceeds of assessments,
 1118  projected recoveries from the Florida Hurricane Catastrophe
 1119  Fund, other insurance and reinsurance recoverables, policyholder
 1120  surcharges and other surcharges, and other funds available to
 1121  the corporation as the source of revenue for and to secure bonds
 1122  issued under paragraph (q), bonds or other indebtedness issued
 1123  under subparagraph (c)3., or lines of credit or other financing
 1124  mechanisms issued or created under this subsection, or to retire
 1125  any other debt incurred as a result of deficits or events giving
 1126  rise to deficits, or in any other way that the executive
 1127  director, with the concurrence of the board, determines will
 1128  efficiently recover such deficits. The purpose of the lines of
 1129  credit or other financing mechanisms is to provide additional
 1130  resources to assist the corporation in covering claims and
 1131  expenses attributable to a catastrophe. As used in this
 1132  subsection, the term “assessments” includes regular assessments
 1133  under sub-subparagraph a. or subparagraph (q)1. and emergency
 1134  assessments under sub-subparagraph d. Emergency assessments
 1135  collected under sub-subparagraph d. are not part of an insurer’s
 1136  rates, are not premium, and are not subject to premium tax,
 1137  fees, or commissions; however, failure to pay the emergency
 1138  assessment shall be treated as failure to pay premium. The
 1139  emergency assessments under sub-subparagraph d. shall continue
 1140  as long as any bonds issued or other indebtedness incurred with
 1141  respect to a deficit for which the assessment was imposed remain
 1142  outstanding, unless adequate provision has been made for the
 1143  payment of such bonds or other indebtedness pursuant to the
 1144  documents governing such bonds or indebtedness.
 1145         f. As used in this subsection for purposes of any deficit
 1146  incurred on or after January 25, 2007, the term “subject lines
 1147  of business” means insurance written by assessable insurers or
 1148  procured by assessable insureds for all property and casualty
 1149  lines of business in this state, but not including workers’
 1150  compensation or medical malpractice. As used in this sub
 1151  subparagraph, the term “property and casualty lines of business”
 1152  includes all lines of business identified on Form 2, Exhibit of
 1153  Premiums and Losses, in the annual statement required of
 1154  authorized insurers under s. 624.424 and any rule adopted under
 1155  this section, except for those lines identified as accident and
 1156  health insurance and except for policies written under the
 1157  National Flood Insurance Program or the Federal Crop Insurance
 1158  Program. For purposes of this sub-subparagraph, the term
 1159  “workers’ compensation” includes both workers’ compensation
 1160  insurance and excess workers’ compensation insurance.
 1161         g. The Florida Surplus Lines Service Office shall annually
 1162  determine annually the aggregate statewide written premium in
 1163  subject lines of business procured by assessable insureds and
 1164  report that information to the corporation in a form and at a
 1165  time the corporation specifies to ensure that the corporation
 1166  can meet the requirements of this subsection and the
 1167  corporation’s financing obligations.
 1168         h. The Florida Surplus Lines Service Office shall verify
 1169  the proper application by surplus lines agents of assessment
 1170  percentages for regular assessments and emergency assessments
 1171  levied under this subparagraph on assessable insureds and assist
 1172  the corporation in ensuring the accurate, timely collection and
 1173  payment of assessments by surplus lines agents as required by
 1174  the corporation.
 1175         i. In 2008 or thereafter, Upon a determination by the board
 1176  of governors that an account has a projected deficit, the board
 1177  shall levy a Citizens policyholder surcharge against all
 1178  policyholders of the corporation.
 1179         (I) The surcharge shall be levied as a uniform percentage
 1180  of the premium for the policy of up to 15 percent of the policy
 1181  such premium, which funds shall be used to offset the deficit.
 1182         (II) The surcharge is payable upon cancellation or
 1183  termination of the policy, upon renewal of the policy, or upon
 1184  issuance of a new policy by the corporation within the first 12
 1185  months after the date of the levy or the period of time
 1186  necessary to fully collect the surcharge amount.
 1187         (III) The corporation may not levy any regular assessments
 1188  under paragraph (q) pursuant to sub-subparagraph a. or sub
 1189  subparagraph b. with respect to a particular year’s deficit
 1190  until the corporation has first levied the full amount of the
 1191  surcharge authorized by this sub-subparagraph.
 1192         (IV) The surcharge is not considered premium and is not
 1193  subject to commissions, fees, or premium taxes. However, failure
 1194  to pay the surcharge shall be treated as failure to pay premium.
 1195         j. If the amount of any assessments or surcharges collected
 1196  from corporation policyholders, assessable insurers or their
 1197  policyholders, or assessable insureds exceeds the amount of the
 1198  deficits, such excess amounts shall be remitted to and retained
 1199  by the corporation in a reserve to be used by the corporation,
 1200  as determined by the executive director, with the concurrence of
 1201  the board of governors, and approved by the office, to pay
 1202  claims or reduce any past, present, or future plan-year deficits
 1203  or to reduce outstanding debt.
 1204         (c) The corporation’s plan of operation:
 1205         1. Must provide for adoption of residential property and
 1206  casualty insurance policy forms and commercial residential and
 1207  nonresidential property insurance forms, which must be approved
 1208  by the office before use. The corporation shall adopt the
 1209  following policy forms:
 1210         a. Standard personal lines policy forms that are
 1211  comprehensive multiperil policies providing full coverage of a
 1212  residential property equivalent to the coverage provided in the
 1213  private insurance market under an HO-3, HO-4, or HO-6 policy.
 1214         b. Basic personal lines policy forms that are policies
 1215  similar to an HO-8 policy or a dwelling fire policy that provide
 1216  coverage meeting the requirements of the secondary mortgage
 1217  market, but which is more limited than the coverage under a
 1218  standard policy.
 1219         c. Commercial lines residential and nonresidential policy
 1220  forms that are generally similar to the basic perils of full
 1221  coverage obtainable for commercial residential structures and
 1222  commercial nonresidential structures in the admitted voluntary
 1223  market.
 1224         d. Personal lines and commercial lines residential property
 1225  insurance forms that cover the peril of wind only. Such The
 1226  forms are applicable only to residential properties located in
 1227  areas eligible for coverage under the coastal account referred
 1228  to in sub-subparagraph (b)2.a.
 1229         e. Commercial lines nonresidential property insurance forms
 1230  that cover the peril of wind only. Such The forms are applicable
 1231  only to nonresidential properties located in areas eligible for
 1232  coverage under the coastal account referred to in sub
 1233  subparagraph (b)2.a.
 1234         f. The corporation may adopt variations of the policy forms
 1235  listed in sub-subparagraphs a.-e. which contain more restrictive
 1236  coverage.
 1237         g. Effective January 1, 2013, the corporation shall offer a
 1238  basic personal lines policy similar to an HO-8 policy with
 1239  dwelling repair based on common construction materials and
 1240  methods.
 1241         2. Must provide that the corporation and an authorized
 1242  insurer may enter into a risk-sharing agreement for the purpose
 1243  of reducing the corporation’s exposure. As used in this
 1244  subparagraph, the term “risk-sharing agreement” means an
 1245  agreement between the corporation and an authorized insurer for
 1246  the corporation to retain part, but not all, of the risk for a
 1247  specified group of policies or specified perils within a group
 1248  of policies, as part of the terms for removal of policies from
 1249  the corporation.
 1250         a. Entering into a risk-sharing agreement is voluntary and
 1251  at the discretion of the corporation and the authorized insurer.
 1252  To avoid unnecessary expense, the executive director, with
 1253  concurrence of the board of governors, may limit the
 1254  corporation’s participation in risk-sharing agreements to those
 1255  participants capable and willing to assume a minimum of 25
 1256  percent of the exposure on at least 100,000 policies and may
 1257  specify other limitations. A risk-sharing agreement in which the
 1258  corporation retains part of the risk may not exceed 5 years.
 1259         b. The risk-sharing agreement may cover policies in any
 1260  account and may cover any perils. The corporation may act as a
 1261  reinsurer or a cedent under a risk sharing agreement or an
 1262  excess of loss agreement. If the corporation is the reinsurer,
 1263  the insurance policy forms and endorsements must be approved by
 1264  the office, cover all perils that are the subject of the risk
 1265  sharing agreement, and cover at least the same limits as the
 1266  corporation policies being replaced.
 1267         c. The terms of each risk-sharing agreement must ensure
 1268  that the consideration received by the corporation is
 1269  commensurate with the risk retained by the corporation and the
 1270  risk assumed by the authorized insurer. The corporation may not
 1271  share risk for bad faith.
 1272         d. The risk-sharing agreement must specify the proportion
 1273  of exposure that the authorized insurer reports to the Florida
 1274  Hurricane Catastrophe Fund and the exposure retained by the
 1275  corporation. Each shall pay premium and receive reimbursements
 1276  from the fund for the exposure that they retain or assume as
 1277  provided in the risk-sharing agreement. The risk retained or
 1278  assumed is eligible for coverage by the fund and is not
 1279  considered reinsurance for purposes of coverage by the fund.
 1280  However, the authorized insurer and the corporation may report
 1281  participation in the risk sharing agreement on their financial
 1282  statements as reinsurance if appropriate according to the
 1283  characteristics of the agreement based on statutory accounting
 1284  rules and instructions.
 1285         e. Notwithstanding any other provision of law:
 1286         (I) Policies offered coverage by the corporation or an
 1287  authorized insurer through a risk-sharing agreement are not
 1288  eligible for coverage by the corporation outside of the
 1289  agreement; and
 1290         (II) A risk-sharing agreement between the corporation and
 1291  an authorized insurer is not subject to the requirements of a
 1292  take-out or keep-out program under ss. 627.3517 and this
 1293  subsection, except that the agreement must be filed by the
 1294  authorized insurer with the office for review and approval
 1295  before the execution of the agreement by the insurer.
 1296         f. To ensure that exposures are accurately reported to the
 1297  Florida Hurricane Catastrophe Fund, the corporation and each
 1298  insurer participating in a risk-sharing agreement under this
 1299  subparagraph must report its exposure under covered policies to
 1300  the fund as required under s. 215.555(5)(c), including the
 1301  requirement that, by September 1 of each year, each insurer
 1302  notify the board of its insured values under covered policies as
 1303  of June 30 of that year. Each report must also specify the
 1304  percentage of liability applicable to the corporation and the
 1305  percentage applicable to the insurer. Pursuant to its authority
 1306  under s. 215.555, the State Board of Administration shall adopt
 1307  rules to administer this sub-subparagraph.
 1308         2. Must provide that the corporation adopt a program in
 1309  which the corporation and authorized insurers enter into quota
 1310  share primary insurance agreements for hurricane coverage, as
 1311  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 1312  property insurance forms for eligible risks which cover the
 1313  peril of wind only.
 1314         a. As used in this subsection, the term:
 1315         (I) “Quota share primary insurance” means an arrangement in
 1316  which the primary hurricane coverage of an eligible risk is
 1317  provided in specified percentages by the corporation and an
 1318  authorized insurer. The corporation and authorized insurer are
 1319  each solely responsible for a specified percentage of hurricane
 1320  coverage of an eligible risk as set forth in a quota share
 1321  primary insurance agreement between the corporation and an
 1322  authorized insurer and the insurance contract. The
 1323  responsibility of the corporation or authorized insurer to pay
 1324  its specified percentage of hurricane losses of an eligible
 1325  risk, as set forth in the agreement, may not be altered by the
 1326  inability of the other party to pay its specified percentage of
 1327  losses. Eligible risks that are provided hurricane coverage
 1328  through a quota share primary insurance arrangement must be
 1329  provided policy forms that set forth the obligations of the
 1330  corporation and authorized insurer under the arrangement,
 1331  clearly specify the percentages of quota share primary insurance
 1332  provided by the corporation and authorized insurer, and
 1333  conspicuously and clearly state that the authorized insurer and
 1334  the corporation may not be held responsible beyond their
 1335  specified percentage of coverage of hurricane losses.
 1336         (II) “Eligible risks” means personal lines residential and
 1337  commercial lines residential risks that meet the underwriting
 1338  criteria of the corporation and are located in areas that were
 1339  eligible for coverage by the Florida Windstorm Underwriting
 1340  Association on January 1, 2002.
 1341         b. The corporation may enter into quota share primary
 1342  insurance agreements with authorized insurers at corporation
 1343  coverage levels of 90 percent and 50 percent.
 1344         c. If the corporation determines that additional coverage
 1345  levels are necessary to maximize participation in quota share
 1346  primary insurance agreements by authorized insurers, the
 1347  corporation may establish additional coverage levels. However,
 1348  the corporation’s quota share primary insurance coverage level
 1349  may not exceed 90 percent.
 1350         d. Any quota share primary insurance agreement entered into
 1351  between an authorized insurer and the corporation must provide
 1352  for a uniform specified percentage of coverage of hurricane
 1353  losses, by county or territory as set forth by the corporation
 1354  board, for all eligible risks of the authorized insurer covered
 1355  under the agreement.
 1356         e. Any quota share primary insurance agreement entered into
 1357  between an authorized insurer and the corporation is subject to
 1358  review and approval by the office. However, such agreement shall
 1359  be authorized only as to insurance contracts entered into
 1360  between an authorized insurer and an insured who is already
 1361  insured by the corporation for wind coverage.
 1362         f. For all eligible risks covered under quota share primary
 1363  insurance agreements, the exposure and coverage levels for both
 1364  the corporation and authorized insurers shall be reported by the
 1365  corporation to the Florida Hurricane Catastrophe Fund. For all
 1366  policies of eligible risks covered under such agreements, the
 1367  corporation and the authorized insurer must maintain complete
 1368  and accurate records for the purpose of exposure and loss
 1369  reimbursement audits as required by fund rules. The corporation
 1370  and the authorized insurer shall each maintain duplicate copies
 1371  of policy declaration pages and supporting claims documents.
 1372         g. The corporation board shall establish in its plan of
 1373  operation standards for quota share agreements which ensure that
 1374  there is no discriminatory application among insurers as to the
 1375  terms of the agreements, pricing of the agreements, incentive
 1376  provisions if any, and consideration paid for servicing policies
 1377  or adjusting claims.
 1378         h. The quota share primary insurance agreement between the
 1379  corporation and an authorized insurer must set forth the
 1380  specific terms under which coverage is provided, including, but
 1381  not limited to, the sale and servicing of policies issued under
 1382  the agreement by the insurance agent of the authorized insurer
 1383  producing the business, the reporting of information concerning
 1384  eligible risks, the payment of premium to the corporation, and
 1385  arrangements for the adjustment and payment of hurricane claims
 1386  incurred on eligible risks by the claims adjuster and personnel
 1387  of the authorized insurer. Entering into a quota sharing
 1388  insurance agreement between the corporation and an authorized
 1389  insurer is voluntary and at the discretion of the authorized
 1390  insurer.
 1391         3.a. May provide that the corporation may employ or
 1392  otherwise contract with individuals or other entities to provide
 1393  administrative or professional services that may be appropriate
 1394  to effectuate the plan. The corporation may borrow funds by
 1395  issuing bonds or by incurring other indebtedness, and shall have
 1396  other powers reasonably necessary to effectuate the requirements
 1397  of this subsection, including, without limitation, the power to
 1398  issue bonds and incur other indebtedness in order to refinance
 1399  outstanding bonds or other indebtedness. The corporation may
 1400  seek judicial validation of its bonds or other indebtedness
 1401  under chapter 75. The corporation may issue bonds or incur other
 1402  indebtedness, or have bonds issued on its behalf by a unit of
 1403  local government pursuant to subparagraph (q)2. in the absence
 1404  of a hurricane or other weather-related event, upon a
 1405  determination by the corporation, subject to approval by the
 1406  office, that such action would enable it to efficiently meet the
 1407  financial obligations of the corporation and that such
 1408  financings are reasonably necessary to effectuate the
 1409  requirements of this subsection. The corporation may take all
 1410  actions needed to facilitate tax-free status for such bonds or
 1411  indebtedness, including formation of trusts or other affiliated
 1412  entities. The corporation may pledge assessments, projected
 1413  recoveries from the Florida Hurricane Catastrophe Fund, other
 1414  reinsurance recoverables, Citizens policyholder surcharges and
 1415  other surcharges, and other funds available to the corporation
 1416  as security for bonds or other indebtedness. In recognition of
 1417  s. 10, Art. I of the State Constitution, prohibiting the
 1418  impairment of obligations of contracts, it is the intent of the
 1419  Legislature that no action not be taken whose purpose is to
 1420  impair any bond indenture or financing agreement or any revenue
 1421  source committed by contract to such bond or other indebtedness.
 1422         b. May provide that the corporation employ or otherwise
 1423  contract with individuals or other entities to provide
 1424  administrative or professional services that may be appropriate
 1425  to effectuate the plan. To ensure that the corporation is
 1426  operating in an efficient and economic manner while providing
 1427  quality service to policyholders, applicants, and agents, the
 1428  board shall commission an independent third-party consultant
 1429  having expertise in insurance company management or insurance
 1430  company management consulting to prepare a report and make
 1431  recommendations on the relative costs and benefits of
 1432  outsourcing various policy issuance and service functions to
 1433  private servicing carriers or entities performing similar
 1434  functions in the private market for a fee, rather than
 1435  performing such functions in-house. In making such
 1436  recommendations, the consultant shall consider how other
 1437  residual markets, both in this state and around the country,
 1438  outsource appropriate functions or use servicing carriers to
 1439  better match expenses with revenues that fluctuate based on a
 1440  widely varying policy count. The report must be completed by
 1441  July 1, 2012. Upon receiving the report, the executive director,
 1442  with the concurrence of the board, shall develop a plan to
 1443  implement the report and submit the plan for review,
 1444  modification, and approval to the Financial Services Commission.
 1445  Upon the commission’s approval of the plan, the board shall
 1446  begin implementing the plan by January 1, 2013.
 1447         4. Must require that the corporation operate subject to the
 1448  supervision and approval of a board of governors consisting of
 1449  nine eight individuals who are residents of this state and who
 1450  are, from different geographical areas of the this state, one of
 1451  whom is appointed by the Chief Financial Officer and serves
 1452  solely to advocate on behalf of the consumer. The appointment of
 1453  a consumer representative by the Chief Financial Officer is in
 1454  addition to the appointments authorized under sub-subparagraph
 1455  a.
 1456         a. The Governor, the Chief Financial Officer, the President
 1457  of the Senate, and the Speaker of the House of Representatives
 1458  shall each appoint two members of the board. All board members,
 1459  except those appointed by the speaker, must be confirmed by the
 1460  Senate during the legislative session following their
 1461  appointment. At least one of the two members appointed by each
 1462  appointing officer must have demonstrated expertise in insurance
 1463  and must be is deemed to be within the scope of the exemption
 1464  provided under in s. 112.313(7)(b). The Chief Financial Officer
 1465  shall designate one of the appointees as chair for the purpose
 1466  of presiding over the orderly conduct of meetings. An appointee
 1467  serves as chair for no more than one term. All board members
 1468  serve at the pleasure of the appointing officer. All members of
 1469  the board are subject to removal at will by the officers who
 1470  appointed them. All board members, including the chair, shall
 1471  must be appointed to serve for 3-year terms beginning annually
 1472  on a date designated by the plan. However, for the first term
 1473  beginning on or after July 1, 2009, each appointing officer
 1474  shall appoint one member of the board for a 2-year term and one
 1475  member for a 3-year term. A board vacancy shall be filled for
 1476  the unexpired term by the appointing officer. A board member may
 1477  not serve for more than two terms, except that a board member
 1478  appointed to fill an unexpired term created by a vacancy may be
 1479  appointed for two subsequent terms. The Chief Financial Officer
 1480  shall appoint a technical advisory group to provide information
 1481  and advice to the executive director and the board in connection
 1482  with the corporation’s board’s duties under this subsection. The
 1483  executive director shall be appointed by and serve at the
 1484  pleasure of the Governor and the Chief Financial Officer. and
 1485  Senior managers of the corporation shall be appointed by the
 1486  executive director, with the concurrence of engaged by the
 1487  board, and serve at the pleasure of the executive director
 1488  board. Appointment of the Any executive director appointed on or
 1489  after July 1, 2006, is subject to confirmation by the Senate
 1490  upon original appointment and upon the election or reelection of
 1491  the Governor and Chief Financial Officer if retained. The
 1492  executive director is responsible for employing other staff as
 1493  the corporation may require, subject to review and concurrence
 1494  by the board.
 1495         b. The board shall create a Market Accountability Advisory
 1496  Committee to assist the corporation in developing awareness of
 1497  its rates and its customer and agent service levels in
 1498  relationship to the voluntary market insurers writing similar
 1499  coverage.
 1500         (I) The members of the advisory committee consist of the
 1501  following 11 persons, one of whom must be elected chair by the
 1502  members of the committee: four representatives, one appointed by
 1503  the Florida Association of Insurance Agents, one by the Florida
 1504  Association of Insurance and Financial Advisors, one by the
 1505  Professional Insurance Agents of Florida, and one by the Latin
 1506  American Association of Insurance Agencies; three
 1507  representatives appointed by the insurers with the three highest
 1508  voluntary market share of residential property insurance
 1509  business in the state; one representative from the Office of
 1510  Insurance Regulation; one consumer appointed by the board who is
 1511  insured by the corporation at the time of appointment to the
 1512  committee; one representative appointed by the Florida
 1513  Association of Realtors; and one representative appointed by the
 1514  Florida Bankers Association. All members shall be appointed to
 1515  3-year terms, serve at the pleasure of the board of governors,
 1516  and may serve for consecutive terms.
 1517         (II) The committee shall report to the corporation at each
 1518  board meeting on insurance market issues that which may include
 1519  rates and rate competition within with the voluntary market;
 1520  service, including policy issuance, claims processing, and
 1521  general responsiveness to policyholders, applicants, and agents;
 1522  and matters relating to depopulation.
 1523         5. Must provide a procedure for determining the eligibility
 1524  of a risk for coverage by the corporation which applies to both
 1525  new and renewal policies, as follows:
 1526         a. Subject to s. 627.3517, with respect to personal lines
 1527  residential risks, if the risk is offered coverage from an
 1528  authorized insurer at the insurer’s approved rate under a
 1529  standard policy including wind coverage or, if consistent with
 1530  the insurer’s underwriting rules as filed with the office, a
 1531  basic policy including wind coverage, for a new application to
 1532  the corporation for coverage, the risk is not eligible for any
 1533  policy issued by the corporation unless the premium for coverage
 1534  from the authorized insurer is more than 15 percent greater than
 1535  the premium for comparable coverage from the corporation. For
 1536  renewal policies, the risk is not eligible for a policy issued
 1537  by the corporation unless the premium for coverage from an
 1538  authorized insurer is more than 5 percent higher than the
 1539  premium for comparable coverage from the corporation. If the
 1540  risk is not able to obtain such offer, the risk is eligible for
 1541  a standard policy including wind coverage or a basic policy
 1542  including wind coverage issued by the corporation; however, if
 1543  the risk could not be insured under a standard policy including
 1544  wind coverage regardless of market conditions, the risk is
 1545  eligible for a basic policy including wind coverage unless
 1546  rejected under subparagraph 8. However, a policyholder of the
 1547  corporation or a policyholder removed from the corporation
 1548  through an assumption agreement until the end of the assumption
 1549  period remains eligible for coverage from the corporation
 1550  regardless of any offer of coverage from an authorized insurer
 1551  or surplus lines insurer. The corporation shall determine the
 1552  type of policy to be provided on the basis of objective
 1553  standards specified in the underwriting manual and based on
 1554  generally accepted underwriting practices.
 1555         (I) If the risk accepts an offer of coverage through the
 1556  market assistance plan or through a mechanism established by the
 1557  corporation before a policy is issued to the risk by the
 1558  corporation or during the first 30 days of coverage by the
 1559  corporation, and the producing agent who submitted the
 1560  application to the plan or to the corporation is not currently
 1561  appointed by the insurer, the insurer shall:
 1562         (A) Pay to the producing agent of record of the policy for
 1563  the first year, an amount that is the greater of the insurer’s
 1564  usual and customary commission for the type of policy written or
 1565  a fee equal to the usual and customary commission of the
 1566  corporation; or
 1567         (B) Offer to allow the producing agent of record of the
 1568  policy to continue servicing the policy for at least 1 year and
 1569  offer to pay the agent the greater of the insurer’s or the
 1570  corporation’s usual and customary commission for the type of
 1571  policy written.
 1572  
 1573  If the producing agent is unwilling or unable to accept
 1574  appointment, the new insurer shall pay the agent in accordance
 1575  with sub-sub-sub-subparagraph (A).
 1576         (II) If the corporation enters into a contractual agreement
 1577  for a take-out plan, the producing agent of record of the
 1578  corporation policy is entitled to retain any unearned commission
 1579  on the policy, and the insurer shall:
 1580         (A) Pay to the producing agent of record, for the first
 1581  year, an amount that is the greater of the insurer’s usual and
 1582  customary commission for the type of policy written or a fee
 1583  equal to the usual and customary commission of the corporation;
 1584  or
 1585         (B) Offer to allow the producing agent of record to
 1586  continue servicing the policy for at least 1 year and offer to
 1587  pay the agent the greater of the insurer’s or the corporation’s
 1588  usual and customary commission for the type of policy written.
 1589  
 1590  If the producing agent is unwilling or unable to accept
 1591  appointment, the new insurer shall pay the agent in accordance
 1592  with sub-sub-sub-subparagraph (A).
 1593         b. With respect to commercial lines residential risks, for
 1594  a new application to the corporation for coverage, if the risk
 1595  is offered coverage under a policy including wind coverage from
 1596  an authorized insurer at its approved rate, the risk is not
 1597  eligible for a policy issued by the corporation unless the
 1598  premium for coverage from the authorized insurer is more than 15
 1599  percent greater than the premium for comparable coverage from
 1600  the corporation. If the risk is not able to obtain any such
 1601  offer, the risk is eligible for a policy including wind coverage
 1602  issued by the corporation. However, a policyholder of the
 1603  corporation or a policyholder removed from the corporation
 1604  through an assumption agreement until the end of the assumption
 1605  period remains eligible for coverage from the corporation
 1606  regardless of an offer of coverage from an authorized insurer or
 1607  surplus lines insurer.
 1608         (I) If the risk accepts an offer of coverage through the
 1609  market assistance plan or through a mechanism established by the
 1610  corporation before a policy is issued to the risk by the
 1611  corporation or during the first 30 days of coverage by the
 1612  corporation, and the producing agent who submitted the
 1613  application to the plan or the corporation is not currently
 1614  appointed by the insurer, the insurer shall:
 1615         (A) Pay to the producing agent of record of the policy, for
 1616  the first year, an amount that is the greater of the insurer’s
 1617  usual and customary commission for the type of policy written or
 1618  a fee equal to the usual and customary commission of the
 1619  corporation; or
 1620         (B) Offer to allow the producing agent of record of the
 1621  policy to continue servicing the policy for at least 1 year and
 1622  offer to pay the agent the greater of the insurer’s or the
 1623  corporation’s usual and customary commission for the type of
 1624  policy written.
 1625  
 1626  If the producing agent is unwilling or unable to accept
 1627  appointment, the new insurer shall pay the agent in accordance
 1628  with sub-sub-sub-subparagraph (A).
 1629         (II) If the corporation enters into a contractual agreement
 1630  for a take-out plan, the producing agent of record of the
 1631  corporation policy is entitled to retain any unearned commission
 1632  on the policy, and the insurer shall:
 1633         (A) Pay to the producing agent of record, for the first
 1634  year, an amount that is the greater of the insurer’s usual and
 1635  customary commission for the type of policy written or a fee
 1636  equal to the usual and customary commission of the corporation;
 1637  or
 1638         (B) Offer to allow the producing agent of record to
 1639  continue servicing the policy for at least 1 year and offer to
 1640  pay the agent the greater of the insurer’s or the corporation’s
 1641  usual and customary commission for the type of policy written.
 1642  
 1643  If the producing agent is unwilling or unable to accept
 1644  appointment, the new insurer shall pay the agent in accordance
 1645  with sub-sub-sub-subparagraph (A).
 1646         c. For purposes of determining comparable coverage under
 1647  sub-subparagraphs a. and b., the comparison must be based on
 1648  those forms and coverages that are reasonably comparable. The
 1649  corporation may rely on a determination of comparable coverage
 1650  and premium made by the producing agent who submits the
 1651  application to the corporation, made in the agent’s capacity as
 1652  the corporation’s agent. A comparison may be made solely of the
 1653  premium with respect to the main building or structure only on
 1654  the following basis: the same coverage A or other building
 1655  limits; the same percentage hurricane deductible that applies on
 1656  an annual basis or that applies to each hurricane for commercial
 1657  residential property; the same percentage of ordinance and law
 1658  coverage, if the same limit is offered by both the corporation
 1659  and the authorized insurer; the same mitigation credits, to the
 1660  extent the same types of credits are offered both by the
 1661  corporation and the authorized insurer; the same method for loss
 1662  payment, such as replacement cost or actual cash value, if the
 1663  same method is offered both by the corporation and the
 1664  authorized insurer in accordance with underwriting rules; and
 1665  any other form or coverage that is reasonably comparable as
 1666  determined by the board. If an application is submitted to the
 1667  corporation for wind-only coverage in the coastal account, the
 1668  premium for the corporation’s wind-only policy plus the premium
 1669  for the ex-wind policy that is offered by an authorized insurer
 1670  to the applicant must be compared to the premium for multiperil
 1671  coverage offered by an authorized insurer, subject to the
 1672  standards for comparison specified in this subparagraph. If the
 1673  corporation or the applicant requests from the authorized
 1674  insurer a breakdown of the premium of the offer by types of
 1675  coverage so that a comparison may be made by the corporation or
 1676  its agent and the authorized insurer refuses or is unable to
 1677  provide such information, the corporation may treat the offer as
 1678  not being an offer of coverage from an authorized insurer at the
 1679  insurer’s approved rate.
 1680         6. Must include rules for classifications of risks and
 1681  rates.
 1682         7. Must provide that if premium and investment income for
 1683  an account attributable to a particular calendar year are in
 1684  excess of projected losses and expenses for the account
 1685  attributable to that year, such excess must shall be held in
 1686  surplus in the account. Such surplus must be available to defray
 1687  deficits in that account as to future years and used for that
 1688  purpose before assessing assessable insurers and assessable
 1689  insureds as to any calendar year.
 1690         8. Must provide objective criteria and procedures that are
 1691  to be uniformly applied to all applicants in determining whether
 1692  an individual risk is so hazardous as to be uninsurable. In
 1693  making this determination and in establishing the criteria and
 1694  procedures, the following must be considered:
 1695         a. Whether the likelihood of a loss for the individual risk
 1696  is substantially higher than for other risks of the same class;
 1697  and
 1698         b. Whether the uncertainty associated with the individual
 1699  risk is such that an appropriate premium cannot be determined.
 1700  
 1701  The acceptance or rejection of a risk by the corporation shall
 1702  be construed as the private placement of insurance, and the
 1703  provisions of chapter 120 do not apply.
 1704         9. Must provide that the corporation make its best efforts
 1705  to procure catastrophe reinsurance at reasonable rates, to cover
 1706  its projected 100-year probable maximum loss as determined by
 1707  the board of governors.
 1708         10. Must provide that the policies issued by the
 1709  corporation must provide that if the corporation or the market
 1710  assistance plan obtains an offer from an authorized insurer to
 1711  cover the risk at its approved rates, the risk is no longer
 1712  eligible for renewal through the corporation, except as
 1713  otherwise provided in this subsection.
 1714         11. Must provide that corporation policies and applications
 1715  must include a notice that the corporation policy could, under
 1716  this section, be replaced with a policy issued by an authorized
 1717  insurer which does not provide coverage identical to the
 1718  coverage provided by the corporation. The notice must also
 1719  specify that acceptance of corporation coverage creates a
 1720  conclusive presumption that the applicant or policyholder is
 1721  aware of this potential.
 1722         12. May establish, subject to approval by the office,
 1723  different eligibility requirements and operational procedures
 1724  for any line or type of coverage for any specified county or
 1725  area if the board determines that such changes are justified due
 1726  to the voluntary market being sufficiently stable and
 1727  competitive in such area or for such line or type of coverage
 1728  and that consumers who, in good faith, are unable to obtain
 1729  insurance through the voluntary market through ordinary methods
 1730  continue to have access to coverage from the corporation. If
 1731  coverage is sought in connection with a real property transfer,
 1732  the requirements and procedures may not provide an effective
 1733  date of coverage later than the date of the closing of the
 1734  transfer as established by the transferor, the transferee, and,
 1735  if applicable, the lender.
 1736         13. Must provide that, with respect to the coastal account,
 1737  any assessable insurer that has with a surplus as to
 1738  policyholders of $25 million or less writing 25 percent or more
 1739  of its total countrywide property insurance premiums in this
 1740  state may petition the office, within the first 90 days of each
 1741  calendar year, petition the office to qualify as a limited
 1742  apportionment company. A regular assessment levied by the
 1743  corporation on a limited apportionment company for a deficit
 1744  incurred by the corporation for the coastal account may be paid
 1745  to the corporation on a monthly basis as the assessments are
 1746  collected by the limited apportionment company from its
 1747  insureds. The, but a limited apportionment company must begin
 1748  collecting the regular assessments within not later than 90 days
 1749  after the regular assessments are levied by the corporation, and
 1750  the regular assessments must be paid in full within 15 months
 1751  after being levied by the corporation. A limited apportionment
 1752  company shall collect from its policyholders any emergency
 1753  assessment imposed under sub-subparagraph (b)3.d. The plan must
 1754  provide that, if the office determines that any regular
 1755  assessment will result in an impairment of the surplus of a
 1756  limited apportionment company, the office may direct that all or
 1757  part of such assessment be deferred as provided in subparagraph
 1758  (q)4. However, an emergency assessment to be collected from
 1759  policyholders under sub-subparagraph (b)3.d. may not be limited
 1760  or deferred.
 1761         14. Must provide that the corporation appoint as its
 1762  licensed agents only those agents who at the time of initial
 1763  appointment also hold an appointment as defined in s. 626.015(3)
 1764  with an insurer who at the time of the agent’s initial
 1765  appointment by the corporation is authorized to write and is
 1766  actually writing personal lines residential property coverage,
 1767  commercial residential property coverage, or commercial
 1768  nonresidential property coverage within the state. As a
 1769  condition of continued appointment, agents of the corporation
 1770  must maintain appropriate documentation specified by the
 1771  corporation which warrants and certifies that alternative
 1772  coverage was annually sought for each risk placed by that agent
 1773  with the corporation in accordance with s. 627.3518. After
 1774  January 1, 2014, if an agent places a policy with the
 1775  corporation which was ineligible for coverage based on
 1776  eligibility standards at the time of placement, agent
 1777  commissions may not be paid on that policy.
 1778         15. Must provide a premium payment plan option to its
 1779  policyholders which, at a minimum, allows for quarterly and
 1780  semiannual payment of premiums. A monthly payment plan may, but
 1781  is not required to, be offered.
 1782         16. Must make available a policy for mobile homes or
 1783  manufactured homes with a minimum insured value of at least
 1784  $3,000. Must limit Coverage on mobile homes or manufactured
 1785  homes built before 1994 is limited to actual cash value of the
 1786  dwelling rather than replacement costs of the dwelling. Such
 1787  coverage must also include the following attached structures:
 1788         a. Screened enclosures that are aluminum framed or that are
 1789  not covered by the same or substantially the same materials as
 1790  those of the primary dwelling;
 1791         b. Carports that are aluminum or that are not covered by
 1792  the same or substantially the same materials as those of the
 1793  primary dwelling; and
 1794         c. Patios that have a roof covering constructed of
 1795  materials that are not the same or substantially the same
 1796  materials as those of the primary dwelling.
 1797         17. May provide such limits of coverage as the board
 1798  determines, consistent with the requirements of this subsection.
 1799         18. May require commercial property to meet specified
 1800  hurricane mitigation construction features as a condition of
 1801  eligibility for coverage.
 1802         19. Must provide that new or renewal policies issued by the
 1803  corporation on or after January 1, 2012, which cover sinkhole
 1804  loss do not include coverage for any loss to appurtenant
 1805  structures, driveways, sidewalks, decks, or patios that are
 1806  directly or indirectly caused by sinkhole activity. The
 1807  corporation shall exclude such coverage using a notice of
 1808  coverage change, which may be included with the policy renewal,
 1809  and not by issuance of a notice of nonrenewal of the excluded
 1810  coverage upon renewal of the current policy.
 1811         20. Must, as of July January 1, 2014 2012, must require
 1812  that the agent obtain from an applicant for coverage from the
 1813  corporation an acknowledgment signed by the applicant, which
 1814  includes, at a minimum, the following statement:
 1815  
 1816   ACKNOWLEDGMENT OF POTENTIAL SURCHARGEAND ASSESSMENT LIABILITY:  
 1817  
 1818         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
 1819  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
 1820  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
 1821  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
 1822  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
 1823  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
 1824  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
 1825  LEGISLATURE.
 1826         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
 1827  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
 1828  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
 1829  BE ELIGIBLE FOR COVERAGE BY CITIZENS I MUST FIRST TRY TO OBTAIN
 1830  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
 1831  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
 1832  ARE REGULATED AND APPROVED BY THE STATE.
 1833         3.2. I ALSO UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
 1834  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
 1835  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
 1836  FLORIDA LEGISLATURE.
 1837         4.3. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
 1838  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
 1839  STATE OF FLORIDA.
 1840         a. The corporation shall maintain, in electronic format or
 1841  otherwise, a copy of the applicant’s signed acknowledgment and
 1842  provide a copy of the statement to the policyholder as part of
 1843  his or her the first renewal after the effective date of this
 1844  subparagraph.
 1845         b. The signed acknowledgment form creates a conclusive
 1846  presumption that the policyholder understood and accepted his or
 1847  her potential surcharge and assessment liability as a
 1848  policyholder of the corporation.
 1849         (g) The executive director, with the concurrence of the
 1850  board, shall determine whether it is more cost-effective and in
 1851  the best interests of the corporation to use legal services
 1852  provided by in-house attorneys employed by the corporation
 1853  rather than contracting with outside counsel. In making such
 1854  determination, the board shall document its findings and shall
 1855  consider: the expertise needed; whether time commitments exceed
 1856  in-house staff resources; whether local representation is
 1857  needed; the travel, lodging and other costs associated with in
 1858  house representation; and such other factors that the board
 1859  determines are relevant.
 1860         (i)1. The Office of the Internal Auditor is established
 1861  within the corporation to provide a central point for
 1862  coordination of and responsibility for activities that promote
 1863  accountability, integrity, and efficiency to the policyholders
 1864  and to the taxpayers of this state. The internal auditor shall
 1865  be appointed by the board of governors, shall report to and be
 1866  under the general supervision of the board of governors, and is
 1867  not subject to supervision by an any employee of the
 1868  corporation. Administrative staff and support shall be provided
 1869  by the corporation. The internal auditor shall be appointed
 1870  without regard to political affiliation. It is the duty and
 1871  responsibility of the internal auditor to:
 1872         a. Provide direction for, supervise, conduct, and
 1873  coordinate audits, investigations, and management reviews
 1874  relating to the programs and operations of the corporation.
 1875         b. Conduct, supervise, or coordinate other activities
 1876  carried out or financed by the corporation for the purpose of
 1877  promoting efficiency in the administration of, or preventing and
 1878  detecting fraud, abuse, and mismanagement in, its programs and
 1879  operations.
 1880         c. Submit final audit reports, reviews, or investigative
 1881  reports to the board of governors, the executive director, the
 1882  members of the Financial Services Commission, and the President
 1883  of the Senate and the Speaker of the House of Representatives.
 1884         d. Keep the executive director and the board of governors
 1885  informed concerning fraud, abuses, and internal control
 1886  deficiencies relating to programs and operations administered or
 1887  financed by the corporation, recommend corrective action, and
 1888  report on the progress made in implementing corrective action.
 1889         e. Cooperate and coordinate activities with the
 1890  corporation’s inspector general.
 1891         e.Report expeditiously to the Department of Law
 1892  Enforcement or other law enforcement agencies, as appropriate,
 1893  whenever the internal auditor has reasonable grounds to believe
 1894  there has been a violation of criminal law.
 1895         2. On or before February 15, the internal auditor shall
 1896  prepare an annual report evaluating the effectiveness of the
 1897  internal controls of the corporation and providing
 1898  recommendations for corrective action, if necessary, and
 1899  summarizing the audits, reviews, and investigations conducted by
 1900  the office during the preceding fiscal year. The final report
 1901  shall be furnished to the board of governors and the executive
 1902  director, the President of the Senate, the Speaker of the House
 1903  of Representatives, and the Financial Services Commission.
 1904         (m)1. The Auditor General shall conduct an operational
 1905  audit of the corporation annually every 3 years to evaluate
 1906  management’s performance in administering laws, policies, and
 1907  procedures governing the operations of the corporation in an
 1908  efficient and effective manner. The scope of the review must
 1909  shall include, but is not limited to, evaluating claims
 1910  handling, customer service, take-out programs and bonuses;,
 1911  financing arrangements made to address a 100-year probable
 1912  maximum loss; personnel costs and administration; underwriting,
 1913  including processes designed to ensure compliance with policy
 1914  eligibility requirements of law;, procurement of goods and
 1915  services;, internal controls;, and the internal audit function;
 1916  and related internal controls. A copy of the report shall be
 1917  provided to the corporation’s board, the President of the
 1918  Senate, the Speaker of the House of Representatives, each member
 1919  of the Financial Services Commission, and the Office of
 1920  Insurance Regulation. The initial audit must be completed by
 1921  February 1, 2009.
 1922         2. The executive director, with the concurrence of the
 1923  board, shall contract with an independent auditing firm to
 1924  conduct a performance audit of the corporation every 2 years.
 1925  The objectives of the audit include, but are not limited to, an
 1926  evaluation, within the context of insurance industry best
 1927  practices, of the corporation’s strategic planning processes,
 1928  the functionality of the corporation’s organizational structure,
 1929  the compensation levels of senior management, and the overall
 1930  management and operations of the corporation. A copy of the
 1931  audit report shall be provided to the corporation’s board, the
 1932  President of the Senate, the Speaker of the House of
 1933  Representatives, each member of the Financial Services
 1934  Commission, the Office of Insurance Regulation, and the Auditor
 1935  General. The initial audit must be completed by June 1, 2014.
 1936         (q)1. The corporation shall certify to the office its needs
 1937  for annual assessments as to a particular calendar year, and for
 1938  any interim assessments that it deems to be necessary to sustain
 1939  operations as to a particular year pending the receipt of annual
 1940  assessments. Upon verification, the office shall approve such
 1941  certification, and the corporation shall levy such annual or
 1942  interim assessments. Such assessments shall be prorated as
 1943  provided in paragraph (b). The corporation shall take all
 1944  reasonable and prudent steps necessary to collect the amount of
 1945  assessments due from each assessable insurer, including, if
 1946  prudent, filing suit to collect the assessments, and the office
 1947  may provide such assistance to the corporation it deems
 1948  appropriate. If the corporation is unable to collect an
 1949  assessment from any assessable insurer, the uncollected
 1950  assessments shall be levied as an additional assessment against
 1951  the assessable insurers and any assessable insurer required to
 1952  pay an additional assessment as a result of such failure to pay
 1953  shall have a cause of action against the such nonpaying
 1954  assessable insurer. Assessments must shall be included as an
 1955  appropriate factor in the making of rates. The failure of a
 1956  surplus lines agent to collect and remit any regular or
 1957  emergency assessment levied by the corporation is considered to
 1958  be a violation of s. 626.936 and subjects the surplus lines
 1959  agent to the penalties provided in that section.
 1960         2. The governing body of any unit of local government, any
 1961  residents of which are insured by the corporation, may issue
 1962  bonds as defined in s. 125.013 or s. 166.101 from time to time
 1963  to fund an assistance program, in conjunction with the
 1964  corporation, for the purpose of defraying deficits of the
 1965  corporation. In order to avoid needless and indiscriminate
 1966  proliferation, duplication, and fragmentation of such assistance
 1967  programs, the any unit of local government, any residents of
 1968  which are insured by the corporation, may provide for the
 1969  payment of losses, regardless of whether or not the losses
 1970  occurred within or outside of the territorial jurisdiction of
 1971  the local government. Revenue bonds under this subparagraph may
 1972  not be issued until validated pursuant to chapter 75, unless a
 1973  state of emergency is declared by executive order or
 1974  proclamation of the Governor pursuant to s. 252.36 which makes
 1975  making such findings as are necessary to determine that it is in
 1976  the best interests of, and necessary for, the protection of the
 1977  public health, safety, and general welfare of residents of this
 1978  state and declaring it an essential public purpose to permit
 1979  certain municipalities or counties to issue such bonds as will
 1980  permit relief to claimants and policyholders of the corporation.
 1981  Any such unit of local government may enter into such contracts
 1982  with the corporation and with any other entity created pursuant
 1983  to this subsection as are necessary to carry out this paragraph.
 1984  Any bonds issued are under this subparagraph shall be payable
 1985  from and secured by moneys received by the corporation from
 1986  emergency assessments under sub-subparagraph (b)3.d., and
 1987  assigned and pledged to or on behalf of the unit of local
 1988  government for the benefit of the holders of such bonds. The
 1989  funds, credit, property, and taxing power of the state or of the
 1990  unit of local government may shall not be pledged for the
 1991  payment of such bonds.
 1992         3.a. The corporation shall adopt one or more programs
 1993  subject to approval by the office for the reduction of both new
 1994  and renewal writings by in the corporation. The corporation may
 1995  consider any prudent and not unfairly discriminatory approach to
 1996  reducing corporation writings.
 1997         a. The corporation may adopt a credit against assessment
 1998  liability or other liability which provides an incentive for
 1999  insurers to take and keep risks out of the corporation by
 2000  maintaining or increasing voluntary writings in counties or
 2001  areas in which corporation risks are highly concentrated, and a
 2002  program to provide a formula under which an insurer voluntarily
 2003  taking risks out of the corporation by maintaining or increasing
 2004  voluntary writings is relieved, wholly or partially, from
 2005  assessments under sub-subparagraph (b)3.a.
 2006         b.Beginning January 1, 2008, Any program the corporation
 2007  adopts for the payment of bonuses to an insurer for each risk
 2008  the insurer removes from the corporation must shall comply with
 2009  s. 627.3511(2) and may not exceed the amount referenced in s.
 2010  627.3511(2) for each risk removed. The corporation may consider
 2011  any prudent and not unfairly discriminatory approach to reducing
 2012  corporation writings, and may adopt a credit against assessment
 2013  liability or other liability that provides an incentive for
 2014  insurers to take risks out of the corporation and to keep risks
 2015  out of the corporation by maintaining or increasing voluntary
 2016  writings in counties or areas in which corporation risks are
 2017  highly concentrated and a program to provide a formula under
 2018  which an insurer voluntarily taking risks out of the corporation
 2019  by maintaining or increasing voluntary writings will be relieved
 2020  wholly or partially from assessments under sub-subparagraph
 2021  (b)3.a. However, Any “take-out bonus” or payment to an insurer
 2022  must be conditioned on the property being insured for at least 5
 2023  years by the insurer, unless canceled or nonrenewed by the
 2024  policyholder. If the policy is canceled or nonrenewed by the
 2025  policyholder before the end of the 5-year period, the amount of
 2026  the take-out bonus must be prorated for the time period the
 2027  policy was insured. If When the corporation enters into a
 2028  contractual agreement for a take-out plan, the producing agent
 2029  of record of the corporation policy is entitled to retain any
 2030  unearned commission on such policy, and the insurer shall
 2031  either:
 2032         (I) Pay to the producing agent of record of the policy, for
 2033  the first year, an amount which is the greater of the insurer’s
 2034  usual and customary commission for the type of policy written or
 2035  a policy fee equal to the usual and customary commission of the
 2036  corporation; or
 2037         (II) Offer to allow the producing agent of record of the
 2038  policy to continue servicing the policy for at least a period of
 2039  not less than 1 year and offer to pay the agent the insurer’s
 2040  usual and customary commission for the type of policy written.
 2041  If the producing agent is unwilling or unable to accept
 2042  appointment by the new insurer, the new insurer shall pay the
 2043  agent in accordance with sub-sub-subparagraph (I).
 2044         c.b. Any credit or exemption from regular assessments
 2045  adopted under this subparagraph shall last up to no longer than
 2046  the 3 years after following the cancellation or expiration of
 2047  the policy by the corporation. With the approval of the office,
 2048  the board may extend such credits for an additional year if the
 2049  insurer guarantees an additional year of renewability for all
 2050  policies removed from the corporation, or for 2 additional years
 2051  if the insurer guarantees 2 additional years of renewability for
 2052  all policies so removed.
 2053         d.c.A There shall be no credit, limitation, exemption, or
 2054  deferment from emergency assessments to be collected from
 2055  policyholders pursuant to sub-subparagraph (b)3.d. is
 2056  prohibited.
 2057         4. The corporation plan shall provide for the deferment, in
 2058  whole or in part, of the assessment of an assessable insurer,
 2059  other than an emergency assessment collected from policyholders
 2060  pursuant to sub-subparagraph (b)3.d., if the office finds that
 2061  payment of the assessment would endanger or impair the solvency
 2062  of the insurer. If In the event an assessment against an
 2063  assessable insurer is deferred in whole or in part, the amount
 2064  by which such assessment is deferred may be assessed against the
 2065  other assessable insurers in a manner consistent with the basis
 2066  for assessments set forth in paragraph (b).
 2067         5. Effective July 1, 2007, In order to evaluate the costs
 2068  and benefits of approved take-out plans, if the corporation pays
 2069  a bonus or other payment to an insurer for an approved take-out
 2070  plan, it shall maintain a record of the address or such other
 2071  identifying information on the property or risk removed in order
 2072  to track if and when the property or risk is later insured by
 2073  the corporation.
 2074         6. Any policy taken out, assumed, or removed from the
 2075  corporation is, as of the effective date of the take-out,
 2076  assumption, or removal, direct insurance issued by the insurer
 2077  and not by the corporation, even if the corporation continues to
 2078  service the policies. This subparagraph applies to policies of
 2079  the corporation and not policies taken out, assumed, or removed
 2080  from any other entity.
 2081         6. The corporation may adopt one or more programs to
 2082  encourage authorized insurers to remove policies from the
 2083  corporation through a loan from the corporation to an insurer
 2084  secured by a surplus note that contains such necessary and
 2085  reasonable provisions as the corporation requires. Such surplus
 2086  note is subject to the review and approval of the office
 2087  pursuant to s. 628.401. The corporation may include, but is not
 2088  limited to, provisions regarding the maximum size of a loan to
 2089  an insurer, capital matching requirements, the relationship
 2090  between the aggregate number of policies or amount of loss
 2091  exposure removed from the association and the amount of a loan,
 2092  retention requirements related to policies removed from the
 2093  corporation, and limitations on the number of insurers receiving
 2094  loans from the corporation under any one management group in
 2095  whatever form or arrangement. If a loan secured by a surplus
 2096  note is provided to a new mutual insurance company, the
 2097  corporation may require the board of the new mutual insurer to
 2098  have a majority of independent board members, may restrict the
 2099  ability of the new mutual insurer to convert to a stock insurer
 2100  while the mutual insurer owes any principal or interest under
 2101  the surplus note to the corporation, establish a capital match
 2102  requirement of up to $1 of private capital for each $4 of the
 2103  corporation’s loan to a new mutual insurer, and limit the
 2104  eligibility of a new mutual insurer for a waiver of the ceding
 2105  commission traditionally associated with take-out programs from
 2106  the corporation to those new mutual insurers that agree
 2107  contractually to maintain an expense ratio below 20 per cent of
 2108  written premium. For this purpose, the term “expense ratio”
 2109  means the sum of agent commissions and other acquisition
 2110  expenses; general and administrative expenses; and premium
 2111  taxes, licenses, and fees, divided by the gross written premium.
 2112         (z) In enacting the provisions of this section, the
 2113  Legislature recognizes that both the Florida Windstorm
 2114  Underwriting Association and the Residential Property and
 2115  Casualty Joint Underwriting Association have entered into
 2116  financing arrangements that obligate each entity to service its
 2117  debts and maintain the capacity to repay funds secured under
 2118  these financing arrangements. It is the intent of the
 2119  Legislature that nothing in this section not be construed to
 2120  compromise, diminish, or interfere with the rights of creditors
 2121  under such financing arrangements. It is further the intent of
 2122  the Legislature to preserve the obligations of the Florida
 2123  Windstorm Underwriting Association and Residential Property and
 2124  Casualty Joint Underwriting Association with regard to
 2125  outstanding financing arrangements, with such obligations
 2126  passing entirely and unchanged to the corporation and,
 2127  specifically, to the applicable account of the corporation. So
 2128  long as any bonds, notes, indebtedness, or other financing
 2129  obligations of the Florida Windstorm Underwriting Association or
 2130  the Residential Property and Casualty Joint Underwriting
 2131  Association are outstanding, under the terms of the financing
 2132  documents pertaining to them, the executive director of the
 2133  corporation, with the concurrence of the governing board, of the
 2134  corporation shall have and shall exercise the authority to levy,
 2135  charge, collect, and receive all premiums, assessments,
 2136  surcharges, charges, revenues, and receipts that the
 2137  associations had authority to levy, charge, collect, or receive
 2138  under the provisions of subsection (2) and this subsection,
 2139  respectively, as they existed on January 1, 2002, to provide
 2140  moneys, without exercise of the authority provided by this
 2141  subsection, in at least the amounts, and by the times, as would
 2142  be provided under those former provisions of subsection (2) or
 2143  this subsection, respectively, so that the value, amount, and
 2144  collectability of any assets, revenues, or revenue source
 2145  pledged or committed to, or any lien thereon securing such
 2146  outstanding bonds, notes, indebtedness, or other financing
 2147  obligations is will not be diminished, impaired, or adversely
 2148  affected by the amendments made by this section act and to
 2149  permit compliance with all provisions of financing documents
 2150  pertaining to such bonds, notes, indebtedness, or other
 2151  financing obligations, or the security or credit enhancement for
 2152  them, and any reference in this subsection to bonds, notes,
 2153  indebtedness, financing obligations, or similar obligations, of
 2154  the corporation must shall include like instruments or contracts
 2155  of the Florida Windstorm Underwriting Association and the
 2156  Residential Property and Casualty Joint Underwriting Association
 2157  to the extent not inconsistent with the provisions of the
 2158  financing documents pertaining to them.
 2159         (gg) The Office of Inspector General is established within
 2160  the corporation to provide a central point for coordination of
 2161  and responsibility for activities that promote accountability,
 2162  integrity, and efficiency. The office shall be headed by an
 2163  inspector general, which is a senior management position that
 2164  involves planning, coordinating, and performing activities
 2165  assigned to and assumed by the inspector general for the
 2166  corporation.
 2167         1. The inspector general shall be appointed by the
 2168  Financial Services Commission and may be removed from office
 2169  only by the commission. The inspector general shall be appointed
 2170  without regard to political affiliation.
 2171         a. At a minimum, the inspector general must possess a
 2172  bachelor’s degree from an accredited college or university and 8
 2173  years of professional experience related to the duties of an
 2174  inspector general as described in this paragraph, of which 5
 2175  years must have been at a supervisory level.
 2176         b. Until June 30, 2014, the inspector general shall be
 2177  under the general supervision of the Financial Services
 2178  Commission and not subject to the supervision of any employee of
 2179  the corporation. Beginning July 1, 2014, the inspector general
 2180  shall report to, and be under the supervision of, the chair of
 2181  the board of governors. The executive director or corporation
 2182  staff may not prevent or prohibit the inspector general from
 2183  initiating, carrying out, or completing any review, evaluation,
 2184  or investigation.
 2185         2. The inspector general shall initiate, direct,
 2186  coordinate, participate in, and perform studies, reviews,
 2187  evaluations, and investigations designed to assess management
 2188  practices; compliance with laws, rules, and policies; and
 2189  program effectiveness and efficiency. This includes:
 2190         a. Conducting internal examinations; investigating
 2191  allegations of fraud, waste, abuse, malfeasance, mismanagement,
 2192  employee misconduct, or violations of corporation policies; and
 2193  conducting any other investigations as directed by the Financial
 2194  Services Commission or as independently determined.
 2195         b. Evaluating and recommending actions regarding security,
 2196  the ethical behavior of personnel and vendors, and compliance
 2197  with rules, laws, policies, and personnel matters; and rendering
 2198  ethics opinions.
 2199         c. Overseeing or participating in personnel and
 2200  administrative policy compliance and management, operational
 2201  reviews, and conducting and selecting human resources-related
 2202  advice and consultation.
 2203         d. In conjunction with the ethics and compliance officer,
 2204  evaluating the application of a corporation code of ethics,
 2205  providing input on the design and content of ethics-related
 2206  policy training courses, educating employees on the code and on
 2207  appropriate conduct, and checking for compliance.
 2208         e. Participating in policy development and review. This
 2209  includes working collaboratively with the ethics and compliance
 2210  officer in the creation, modification, and maintenance of
 2211  personnel and administrative services policies and in the
 2212  identification of policy enhancements; and researching policy
 2213  related issues.
 2214         f. Participating in the activities of the senior management
 2215  team and evaluating the management’s compliance with recommended
 2216  solutions.
 2217         g. Cooperating and coordinating activities with the chief
 2218  of internal audit, but not conducting internal audits.
 2219         h. Maintaining records of investigations and discipline in
 2220  accordance with established policies.
 2221         i. Supervising and directing the tasks and assignments of
 2222  the staff assigned to assist with the inspector general’s
 2223  projects. This includes regular review and feedback regarding
 2224  work in progress and upon completion and providing input
 2225  regarding relevant training and staff development activities as
 2226  warranted.
 2227         j. Directing, planning, preparing, and presenting interim
 2228  and final reports and oral briefings to the Financial Services
 2229  Commission and the executive director which communicate the
 2230  results of studies, reviews, and investigations.
 2231         k.Reporting expeditiously to the Department of Law
 2232  Enforcement or other law enforcement agencies, as appropriate,
 2233  whenever the inspector general has reasonable grounds to believe
 2234  there has been a violation of criminal law.
 2235         l. Providing the executive director and board chairman with
 2236  independent and objective assessments of programs and
 2237  activities.
 2238         m. Complying with the General Principles and Standards for
 2239  Offices of Inspector General as published and revised by the
 2240  Association of Inspectors General.
 2241         3. At least annually, the inspector general shall provide a
 2242  report to the President of the Senate and the Speaker of the
 2243  House of Representatives regarding the corporation’s
 2244  clearinghouse and the extent to which policies are being
 2245  returned to the voluntary market. This report must include an
 2246  analysis regarding the effectiveness of the clearinghouse in
 2247  encouraging voluntary market participation in depopulation.
 2248         Section 9. Effective October 1, 2013, paragraph (e) of
 2249  subsection (6) of section 627.351, Florida Statutes, is amended
 2250  to read
 2251         627.351 Insurance risk apportionment plans.—
 2252         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 2253         (e) The corporation is subject to s. 287.057 for the
 2254  purchase of commodities and contractual services except as
 2255  otherwise provided in this paragraph. Services provided by
 2256  tradepersons or technical experts to assist a licensed adjuster
 2257  in the evaluation of individual claims are not subject to the
 2258  procurement requirements of this section. Additionally, the
 2259  procurement of financial services providers and underwriters
 2260  must be made pursuant to s. 627.3513 Purchases that equal or
 2261  exceed $2,500, but are less than $25,000, shall be made by
 2262  receipt of written quotes, written record of telephone quotes,
 2263  or informal bids, whenever practical. The procurement of goods
 2264  or services valued at or over $25,000 shall be subject to
 2265  competitive solicitation, except in situations where the goods
 2266  or services are provided by a sole source or are deemed an
 2267  emergency purchase; the services are exempted from competitive
 2268  solicitation requirements under s. 287.057(3)(f); or the
 2269  procurement of services is subject to s. 627.3513. Justification
 2270  for the sole-sourcing or emergency procurement must be
 2271  documented. Contracts for goods or services valued at or more
 2272  than over $100,000 are subject to approval by the board.
 2273         1. The corporation is an agency for the purposes of s.
 2274  287.057, except for subsection (22) of that section for which
 2275  the corporation is an eligible user.
 2276         a. The authority of the Department of Management Services
 2277  and the Chief Financial Officer under s. 287.057 extends to the
 2278  corporation as if the corporation were an agency.
 2279         b. The executive director of the corporation is the agency
 2280  head under s. 287.057, except for resolution of bid protests for
 2281  which the board would serve as the agency head.
 2282         2. The corporation must provide notice of a decision or
 2283  intended decision concerning a solicitation, contract award, or
 2284  exceptional purchase by electronic posting. Such notice must
 2285  contain the following statement: “Failure to file a protest
 2286  within the time prescribed in this section constitutes a waiver
 2287  of proceedings.”
 2288         a. A person adversely affected by the corporation’s
 2289  decision or intended decision to award a contract pursuant to s.
 2290  287.057(1) or s. 287.057(3)(c) who elects to challenge the
 2291  decision must file a written notice of protest with the
 2292  executive director of the corporation within 72 hours after the
 2293  corporation posts a notice of its decision or intended decision.
 2294  For a protest of the terms, conditions, and specifications
 2295  contained in a solicitation, including any provisions governing
 2296  the methods for ranking bids, proposals, replies, awarding
 2297  contracts, reserving rights of further negotiation, or modifying
 2298  or amending any contract, the notice of protest must be filed in
 2299  writing within 72 hours after the posting of the solicitation.
 2300  Saturdays, Sundays, and state holidays are excluded in the
 2301  computation of the 72-hour time period.
 2302         b. A formal written protest must be filed within 10 days
 2303  after the date the notice of protest is filed. The formal
 2304  written protest must state with particularity the facts and law
 2305  upon which the protest is based. Upon receipt of a formal
 2306  written protest that has been timely filed, the corporation must
 2307  stop the solicitation or contract award process until the
 2308  subject of the protest is resolved by final board action unless
 2309  the executive director sets forth in writing particular facts
 2310  and circumstances that require the continuance of the
 2311  solicitation or contract award process without delay in order to
 2312  avoid an immediate and serious danger to the public health,
 2313  safety, or welfare. The corporation must provide an opportunity
 2314  to resolve the protest by mutual agreement between the parties
 2315  within 7 business days after receipt of the formal written
 2316  protest. If the subject of a protest is not resolved by mutual
 2317  agreement within 7 business days, the corporation’s board must
 2318  place the protest on the agenda and resolve it at its next
 2319  regularly scheduled meeting. The protest must be heard by the
 2320  board at a publicly noticed meeting in accordance with
 2321  procedures established by the board.
 2322         c. In a protest of an invitation-to-bid or request-for
 2323  proposals procurement, submissions made after the bid or
 2324  proposal opening which amend or supplement the bid or proposal
 2325  may not be considered. In protesting an invitation-to-negotiate
 2326  procurement, submissions made after the corporation announces
 2327  its intent to award a contract, reject all replies, or withdraw
 2328  the solicitation that amends or supplements the reply may not be
 2329  considered. Unless otherwise provided by law, the burden of
 2330  proof rests with the party protesting the corporation’s action.
 2331  In a competitive-procurement protest, other than a rejection of
 2332  all bids, proposals, or replies, the corporation’s board must
 2333  conduct a de novo proceeding to determine whether the
 2334  corporation’s proposed action is contrary to the corporation’s
 2335  governing statutes, the corporation’s rules or policies, or the
 2336  solicitation specifications. The standard of proof for the
 2337  proceeding is whether the corporation’s action was clearly
 2338  erroneous, contrary to competition, arbitrary, or capricious. In
 2339  any bid-protest proceeding contesting an intended corporation
 2340  action to reject all bids, proposals, or replies, the standard
 2341  of review by the board is whether the corporation’s intended
 2342  action is illegal, arbitrary, dishonest, or fraudulent.
 2343         d. Failure to file a notice of protest or failure to file a
 2344  formal written protest constitutes a waiver of proceedings.
 2345         3. Contract actions and decisions by the board under this
 2346  paragraph are final. Any further legal remedy must be made in
 2347  the Circuit Court of Leon County.
 2348         Section 10. The purchase of commodities and contractual
 2349  services by Citizens Property Insurance Corporation commenced
 2350  before October 1, 2013, is governed by the law in effect on
 2351  September 30, 2013.
 2352         Section 11. Effective January 1, 2014, paragraph (n) of
 2353  subsection (6) of section 627.351, Florida Statutes, is amended
 2354  to read:
 2355         627.351 Insurance risk apportionment plans.—
 2356         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 2357         (n)1. Rates for coverage provided by the corporation must
 2358  be actuarially sound and subject to s. 627.062, Except as
 2359  otherwise provided in this paragraph, rates for coverage
 2360  provided by the corporation must be actuarially sound and not
 2361  competitive with approved rates charged in the admitted
 2362  voluntary market in order for the corporation to function as a
 2363  residual market mechanism that provides insurance only if
 2364  insurance cannot be procured in the voluntary market.
 2365         a. In establishing actuarially sound rates the corporation
 2366  shall include an appropriate catastrophe risk load factor that
 2367  reflects the actual catastrophic risk exposure retained by the
 2368  corporation.
 2369         b. In establishing noncompetitive rates for personal and
 2370  commercial lines residential policies, the average rates of the
 2371  corporation for each rating territory may not be less than the
 2372  average rates charged by the insurer that had the highest
 2373  average rate in that rating territory among the 20 voluntary
 2374  admitted insurers with the greatest total direct written premium
 2375  in the state for that line of business in the preceding year.
 2376         c. In establishing noncompetitive rates for mobile home
 2377  coverage, the average rates of the corporation may not be less
 2378  than the average rates charged by the insurer that had the
 2379  highest average rate in that rating territory among the five
 2380  voluntary admitted insurers with the greatest total written
 2381  premium for mobile home owner’s policies in the state in the
 2382  preceding year. The corporation shall file its recommended rates
 2383  with the office at least annually. The corporation shall provide
 2384  any additional information regarding the rates which the office
 2385  requires. The office shall consider the recommendations of the
 2386  board and issue a final order establishing the rates for the
 2387  corporation within 45 days after the recommended rates are
 2388  filed. The corporation may not pursue an administrative
 2389  challenge or judicial review of the final order of the office.
 2390         d. Rates for commercial nonresidential policies must be
 2391  actuarially sound in accordance with sub-subparagraph a.
 2392         e.The requirements of sub-subparagraphs b. and c. do not
 2393  apply to rates in territories where the office determines there
 2394  is not a reasonable degree of competition. In such territories
 2395  the corporation’s rates must be actuarially sound in accordance
 2396  with sub-subparagraph a. However, in territories located in a
 2397  county where the corporation provides more than 75 percent of
 2398  personal lines residential policies providing wind coverage,
 2399  subparagraph 3. applies to all new personal lines residential
 2400  policies written by the corporation in such territories.
 2401         2. In addition to the rates otherwise determined pursuant
 2402  to this paragraph, the corporation shall impose and collect an
 2403  amount equal to the premium tax provided in s. 624.509 to
 2404  augment the financial resources of the corporation.
 2405         3. After the public hurricane loss-projection model under
 2406  s. 627.06281 has been found to be accurate and reliable by the
 2407  Florida Commission on Hurricane Loss Projection Methodology, the
 2408  model shall serve as the minimum benchmark for determining the
 2409  windstorm portion of the corporation’s rates. This subparagraph
 2410  does not require or allow the corporation to adopt rates lower
 2411  than the rates otherwise required or allowed by this paragraph.
 2412         4. The rate filings for the corporation which were approved
 2413  by the office and took effect January 1, 2007, are rescinded,
 2414  except for those rates that were lowered. As soon as possible,
 2415  the corporation shall begin using the lower rates that were in
 2416  effect on December 31, 2006, and provide refunds to
 2417  policyholders who paid higher rates as a result of that rate
 2418  filing. The rates in effect on December 31, 2006, remain in
 2419  effect for the 2007 and 2008 calendar years except for any rate
 2420  change that results in a lower rate. The next rate change that
 2421  may increase rates shall take effect pursuant to a new rate
 2422  filing recommended by the corporation and established by the
 2423  office, subject to this paragraph.
 2424         5. Beginning on July 15, 2009, and annually thereafter, the
 2425  corporation must make a recommended actuarially sound rate
 2426  filing for each personal and commercial line of business it
 2427  writes, to be effective no earlier than January 1, 2010.
 2428         3.6.For policies initially insured by the corporation
 2429  before January 1, 2014, and which have continuously been insured
 2430  by the corporation since that date, Beginning on or after
 2431  January 1, 2010, and notwithstanding the board’s recommended
 2432  rates and the office’s final order regarding the corporation’s
 2433  filed rates under subparagraph 1., the corporation shall
 2434  annually implement a rate increase that which, except for
 2435  sinkhole coverage, does not exceed 10 percent for any single
 2436  policy issued by the corporation, excluding coverage changes and
 2437  surcharges.
 2438         4.7. The corporation may also implement an increase to
 2439  reflect the effect on the corporation of the cash buildup factor
 2440  pursuant to s. 215.555(5)(b).
 2441         5.8. The corporation’s implementation of rates as
 2442  prescribed in subparagraph 3. 6. shall cease for any line of
 2443  business written by the corporation upon the corporation’s
 2444  implementation of the rates described in subparagraph 1
 2445  actuarially sound rates. Thereafter, the corporation shall
 2446  annually make a recommended actuarially sound rate filing
 2447  implementing such rates for each commercial and personal line of
 2448  business the corporation writes.
 2449         6. The corporation shall annually certify to the office
 2450  that its rates comply with the requirements of this paragraph.
 2451  If any adjustment in the rates or rating factors of the
 2452  corporation is necessary to ensure such compliance, the
 2453  corporation shall make and implement such adjustments and file
 2454  its revised rates and rating factors with the office. If the
 2455  office thereafter determines that the revised rates and rating
 2456  factors fail to comply with this paragraph, it shall notify the
 2457  corporation and require the corporation to amend its rates or
 2458  rating factors in conjunction with its next rate filing. The
 2459  office must notify the corporation by electronic means of any
 2460  rate filing it approves for any insurer among the insurers
 2461  referred to in this paragraph.
 2462         7. By January 1, 2014, the board shall provide
 2463  recommendations to the Legislature on how to provide relief to a
 2464  policyholder whose premium reflects the full rate required under
 2465  subparagraph 1. and who demonstrates a financial need at the
 2466  time of application or renewal.
 2467         Section 12. Section 627.3518, Florida Statutes, is created
 2468  to read:
 2469         627.3518 Citizens Property Insurance Corporation
 2470  clearinghouse.—The Legislature recognizes that Citizens Property
 2471  Insurance Corporation has authority to establish a clearinghouse
 2472  as a separate organizational unit within the corporation for the
 2473  purpose of determining the eligibility of new and renewal risks,
 2474  excluding commercial residential, seeking coverage through the
 2475  corporation and facilitating the identification and diversion of
 2476  ineligible applicants and current policyholders from the
 2477  corporation into the voluntary insurance market. The purpose of
 2478  this section is to augment that authority by providing a
 2479  framework for the corporation to implement such program by
 2480  January 1, 2014.
 2481         (1) As used in this section, the term:
 2482         (a) “Clearinghouse” means the clearinghouse diversion
 2483  program created under this section.
 2484         (b) “Corporation” means Citizens Property Insurance
 2485  Corporation.
 2486         (c) “Exclusive agent” means a licensed insurance agent who
 2487  has agreed, by contract, to act exclusively for one company or
 2488  group of affiliated insurance companies and is disallowed by the
 2489  provisions of that contract to directly write for any other
 2490  unaffiliated insurer absent express consent from the company or
 2491  group of affiliated insurance companies.
 2492         (d) “Independent agent” means a licensed insurance agent
 2493  not described in paragraph (c).
 2494         (2) In order to confirm eligibility with the corporation
 2495  and to enhance the access of new applicants for coverage and
 2496  existing policyholders of the corporation to offers of coverage
 2497  from authorized and eligible insurers, the corporation shall
 2498  establish a clearinghouse for personal residential risks in
 2499  order to facilitate the diversion of ineligible applicants and
 2500  existing policyholders from the corporation into the voluntary
 2501  insurance market. The corporation shall also develop appropriate
 2502  procedures for facilitating the diversion of ineligible
 2503  applicants and existing policyholders for commercial residential
 2504  coverage into the private insurance market, and shall report
 2505  such procedures to the President of the Senate and the Speaker
 2506  of the House of Representatives by July 1, 2015.
 2507         (3) The clearinghouse has the same rights and
 2508  responsibilities in carrying out its duties as a licensed
 2509  general lines agent, but is not required to employ or engage a
 2510  licensed general lines agent or to maintain an insurance agency
 2511  license in order to solicit and place insurance coverage. In
 2512  establishing the clearinghouse, the corporation may:
 2513         (a) Require all new applications and all policies due for
 2514  renewal to be submitted to the clearinghouse in order to
 2515  facilitate obtaining an offer of coverage from an authorized
 2516  insurer before binding or renewing coverage by the corporation.
 2517         (b) Employ or otherwise contract with individuals or other
 2518  entities to provide administrative or professional services in
 2519  order to carry out the plan within the corporation in accordance
 2520  with the applicable purchasing requirements under s. 627.351.
 2521         (c) Enter into a contract with an authorized or eligible
 2522  insurer participating in the clearinghouse and accept an
 2523  appointment by such insurer.
 2524         (d) Provide funds to operate the clearinghouse. Insurers
 2525  and agents participating in the clearinghouse are not required
 2526  to pay a fee to offset or partially offset the cost of the
 2527  clearinghouse, or use the clearinghouse for the renewal of
 2528  policies initially written through the clearinghouse.
 2529         (e) Develop an enhanced application for obtaining
 2530  information that will assist private insurers in determining
 2531  whether to make an offer of coverage through the clearinghouse.
 2532         (f) Before approving new applications for coverage by the
 2533  corporation, require that every application be subject to a
 2534  period of 2 business days during which an insurer participating
 2535  in the program may select the application for coverage. The
 2536  insurer may issue a binder on any policy selected for coverage
 2537  for at least 30 days but not more than 60 days.
 2538         (4) An authorized or eligible insurer may participate in
 2539  the clearinghouse; however, participation is not mandatory. An
 2540  insurer that makes an offer of coverage to a new applicant or
 2541  renews a policy for a policyholder through the clearinghouse:
 2542         (a) Is not required to individually appoint an agent whose
 2543  customer is underwritten and bound through the clearinghouse.
 2544  Notwithstanding s. 626.112, an insurer is not required to
 2545  appoint an agent on a policy underwritten through the
 2546  clearinghouse if that policy remains with the insurer. An
 2547  insurer may appoint an agent whose customer is initially
 2548  underwritten and bound through the clearinghouse. If an insurer
 2549  accepts a policy from an agent who is not appointed pursuant to
 2550  this paragraph and thereafter accepts a policy from such agent,
 2551  the provisions of s. 626.112 requiring appointment apply to the
 2552  agent.
 2553         (b) Must enter into a limited agency agreement with each
 2554  agent who is not appointed in accordance with paragraph (a) and
 2555  whose customer is underwritten and bound through the
 2556  clearinghouse.
 2557         (c) Must enter into its standard agency agreement with each
 2558  agent whose customer is underwritten and bound through the
 2559  clearinghouse if that agent has been appointed by the insurer
 2560  pursuant to s. 626.112.
 2561         (d) Must comply with s. 627.4133(2).
 2562         (e) Must allow authorized or eligible insurers
 2563  participating in the clearinghouse to participate through their
 2564  single, designated managing general agent or broker; however,
 2565  the provisions of paragraph (6)(a) regarding ownership, control,
 2566  and use of the expirations apply.
 2567         (f) Must pay the producing agent a commission equal to that
 2568  paid by the corporation or the usual and customary commission
 2569  paid by the insurer for that line of business, whichever is
 2570  greater.
 2571         (5)(a) Notwithstanding s. 627.3517, an applicant for new
 2572  coverage is not eligible for coverage from the corporation if
 2573  the applicant is offered coverage from an authorized insurer
 2574  through the clearinghouse at a premium that is at or below the
 2575  eligibility threshold established under s. 627.351(6)(c)5.a.
 2576         (b) Notwithstanding any other provisions of law, if a
 2577  renewing policyholder of the corporation is offered coverage
 2578  from an authorized insurer for a personal lines or commercial
 2579  lines risk at a premium that is no more than 15 percent above
 2580  the corporation’s renewal premium for comparable coverage, the
 2581  risk is not eligible for coverage with the corporation.
 2582         (c) Notwithstanding s. 626.916(1), if an applicant for new
 2583  or renewal coverage from the corporation does not receive an
 2584  offer of coverage from an authorized insurer, the applicant may
 2585  choose to accept an offer of coverage from an eligible insurer
 2586  or its broker under ss. 626.913-626.937. Such offer of coverage
 2587  from an eligible insurer does not make the risk ineligible for
 2588  coverage with the corporation.
 2589         (d) An applicant for new or renewal coverage from the
 2590  corporation may choose to accept any offer of coverage received
 2591  through the clearinghouse from an authorized insurer which is
 2592  greater than 15 percent of the corporation’s renewal premium.
 2593         (e) Section 627.351(6)(c)5.a.(I) and b.(I) does not apply
 2594  to an offer of coverage from an authorized insurer obtained
 2595  through the clearinghouse.
 2596         (6) An independent agent who submits a new application for
 2597  coverage or who is the agent of record on a renewal policy
 2598  submitted to the clearinghouse:
 2599         (a) Is granted and must maintain ownership and the
 2600  exclusive use of expirations, records, or other written or
 2601  electronic information directly related to such application or
 2602  renewal written through the corporation or through an insurer
 2603  participating in the clearinghouse, notwithstanding s.
 2604  627.351(6)(c)5.a.(I)(B) and (II)(B). Such ownership is granted
 2605  for as long as the insured remains with the agency or until sold
 2606  or surrendered in writing by the agent. A contract with the
 2607  corporation or required by the corporation may not amend,
 2608  modify, interfere with, or limit such rights of ownership. Such
 2609  expirations, records, or other written or electronic information
 2610  may be used to review an application or issue a policy or for
 2611  any other purpose necessary for placing business through the
 2612  clearinghouse.
 2613         (b) Is not required to be appointed by an insurer
 2614  participating in the clearinghouse for policies written solely
 2615  through the clearinghouse, notwithstanding s. 626.112.
 2616         (c) May accept an appointment from an insurer participating
 2617  in the clearinghouse.
 2618         (d) May enter into a standard or limited agency agreement
 2619  with the insurer, at the insurer’s option.
 2620  
 2621  An applicant ineligible for coverage under subsection (5)
 2622  remains ineligible if the applicant’s independent agent is
 2623  unwilling or unable to enter into a standard or limited agency
 2624  agreement with an insurer participating in the clearinghouse.
 2625         (7) An exclusive agent who submits a new application for
 2626  coverage or who is the agent of record on a renewal policy
 2627  submitted to the clearinghouse:
 2628         (a) Must maintain ownership and the exclusive use of
 2629  expirations, records, or other written or electronic information
 2630  directly related to such application or renewal written through
 2631  the corporation or through an insurer participating in the
 2632  clearinghouse, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
 2633  (II)(B). A contract with the corporation or required by the
 2634  corporation may not amend, modify, interfere with, or limit such
 2635  rights of ownership. Such expirations, records, or other written
 2636  or electronic information may be used to review an application
 2637  or issue a policy or for any other purpose necessary for placing
 2638  business through the clearinghouse.
 2639         (b) Is not required to be appointed by an insurer
 2640  participating in the clearinghouse for policies written solely
 2641  through the clearinghouse, notwithstanding s. 626.112.
 2642         (c) Must only facilitate the placement of an offer of
 2643  coverage from an insurer whose limited servicing agreement is
 2644  approved by that exclusive agent’s exclusive insurer.
 2645         (d) May enter into a limited servicing agreement with the
 2646  insurer making an offer of coverage, and may do so only after
 2647  the exclusive agent’s insurer has approved the terms of the
 2648  agreement. The exclusive agent’s insurer must approve a limited
 2649  service agreement for the clearinghouse if the insurer has
 2650  approved a service agreement with the agent for other purposes.
 2651  
 2652  An applicant is ineligible for coverage under subsection (5) if
 2653  the applicant’s exclusive agent is unwilling or unable to enter
 2654  into a standard or limited agency agreement with a participating
 2655  insurer making an offer of coverage to that applicant.
 2656         (8) Submission of an application to the clearinghouse for
 2657  coverage by the corporation does not constitute the binding of
 2658  coverage, and the failure of the clearinghouse to obtain an
 2659  offer of coverage by an insurer is not considered acceptance of
 2660  coverage of the risk by the corporation.
 2661         (9) The clearinghouse may not include commercial
 2662  nonresidential policies.
 2663         Section 13. Temporary keepout program.—Citizens Property
 2664  Insurance Corporation shall implement a temporary keepout
 2665  program beginning July 1, 2013, and ending on the date the
 2666  clearinghouse program established under s. 627.3518, Florida
 2667  Statutes, is operational.
 2668         (1) Subject to procedures adopted by the corporation, the
 2669  program shall provide an opportunity for new applicants for
 2670  personal residential multiperil coverage with the corporation to
 2671  be offered coverage with authorized insurers through the market
 2672  assistance plan established under s. 627.3515, Florida Statutes.
 2673         (2) The program is subject to all of the following:
 2674         (a) The corporation may not accept a new personal
 2675  residential multiperil application for coverage within 72 hours
 2676  after submission of the risk to the market assistance plan under
 2677  subsection (1).
 2678         (b) Section 627.3517, Florida Statutes, relating to
 2679  consumer choice of agent does not apply to applications for
 2680  coverage accepted by authorized insurers under the program.
 2681         (c) Insurers issuing policies under this section are
 2682  subject to s. 627.3518(3), Florida Statutes, relating to agent
 2683  appointment.
 2684         (d) Notwithstanding s. 626.916(1), Florida Statutes, if an
 2685  applicant for new or renewal coverage from the corporation does
 2686  not receive an offer of coverage from an eligible insurer, the
 2687  applicant may accept an offer from a designated broker of an
 2688  insurer eligible under ss. 626.913-626.937, Florida Statutes.
 2689         (e) An exclusive agent must only facilitate the placement
 2690  of an offer of coverage from an insurer whose limited servicing
 2691  agreement is approved by that exclusive agent’s exclusive
 2692  insurer.
 2693  
 2694  An applicant is ineligible for coverage if the applicant’s agent
 2695  is unwilling or unable to enter into a standard or limited
 2696  agency agreement with a participating insurer making an offer of
 2697  coverage to that applicant.
 2698         (3) This section expires on January 1, 2014, or when the
 2699  clearinghouse program established under s. 627.3518, Florida
 2700  Statutes, becomes operational, whichever occurs first.
 2701         Section 14. Section 627.352, Florida Statutes, is created
 2702  to read:
 2703         627.352 Catastrophe Risk Capital Access Facility.—
 2704         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 2705  and declares that:
 2706         (a) A growing and competitive private sector market for
 2707  residential property insurance is in the public interest.
 2708         (b) The global market for catastrophe risk has expanded
 2709  dramatically, resulting in the availability of billions of
 2710  dollars in additional risk capital for insurers and new and
 2711  innovative alternative risk-transfer mechanisms.
 2712         (c) Having access to additional risk capital and risk
 2713  transfer mechanisms provides an opportunity for property
 2714  insurers in this state to expand their capacity to write
 2715  additional business and diversify their catastrophe risk, which
 2716  will serve the public interest of fostering private sector
 2717  market growth.
 2718         (d) Despite an expansion in the amount of available global
 2719  risk capital, state property insurers in general, and smaller
 2720  state property insurers in particular, face challenges accessing
 2721  global markets if the relatively small amount of risk finance
 2722  required by any one company is not economically viable in the
 2723  larger global market.
 2724         (e) It is the intent of the Legislature to establish a
 2725  self-regulating mechanism to facilitate the access of property
 2726  insurers generally, and smaller property insurers in particular,
 2727  to global risk capital markets and risk-transfer mechanisms for
 2728  property risks in this state.
 2729         (2) FACILITY CREATED.—A nonprofit association, to be known
 2730  as the Catastrophe Risk Capital Access Facility, is hereby
 2731  created.
 2732         (a) The facility must operate pursuant to a plan of
 2733  operation adopted by the governing board, except that the
 2734  initial plan of operation shall be recommended by the initial
 2735  governing board and adopted by the office after consultation
 2736  with potential participating insurers and other interested
 2737  parties.
 2738         (b) The facility is not intended to be, and may not
 2739  function as, an insurer, reinsurer, or other risk-bearing
 2740  entity, and is not a state agency, board, or commission.
 2741         (3) MEMBERSHIP.—An insurer holding a certificate of
 2742  authority to transact property insurance in this state is
 2743  eligible to become a member of the facility. To become a member,
 2744  an insurer must file a declaration of intent with the office by
 2745  September 30, 2013.
 2746         (4) INITIAL GOVERNING BOARD.—
 2747         (a) Each insurer that timely files a declaration under
 2748  subsection (3) is a member of the initial governing board of the
 2749  facility and has a vote proportional to its share of direct
 2750  premium for property insurance written in this state as of
 2751  December 31, 2012. At a minimum, three insurers must file a
 2752  declaration of intent to constitute an initial governing board
 2753  and activate the facility.
 2754         (b) The initial governing board must hold its first meeting
 2755  at a time and place specified by the office. At the first
 2756  meeting, the initial governing board must elect one of its
 2757  members to serve as chair.
 2758         (c) The initial governing board must submit a recommended
 2759  plan of operation to the office by December 1, 2013. The initial
 2760  governing board may retain staff or professionals to assist in
 2761  the preparation of the proposed plan of operation.
 2762         (d)The initial governing board must provide the presiding
 2763  officers and minority party leaders of the Legislature with
 2764  recommendations and draft legislation addressing the facility’s
 2765  need, if any, for exemptions from public records and open
 2766  meetings laws by December 31, 2013.
 2767         (e) The functions of the initial governing board terminate
 2768  upon the election of a governing board as provided in the plan
 2769  of operation.
 2770         (5) GOVERNING BOARD.—Beginning on the effective date of the
 2771  plan of operation, the facility shall operate under a seven
 2772  member governing board composed of representatives of member
 2773  insurers, appointed as specified in the plan of operation.
 2774         (6) PLAN OF OPERATION.—The plan of operation:
 2775         (a) Must specify the following functions of the facility:
 2776         1. Aggregating the demand of members for risk finance for
 2777  state property risks from global capital markets.
 2778         2. Designing and executing risk-transfer tools such as
 2779  insurance-linked securities and other appropriate instruments
 2780  for state property risks for members; using special purpose
 2781  vehicles or onshore or offshore protected cells, as appropriate,
 2782  to increase members’ access to risk capital for state property
 2783  risks; and making use of any other financial instruments or
 2784  reinsurance or pooling arrangements that may develop in the
 2785  market.
 2786         3. Identifying and coordinating appropriate risk-transfer
 2787  products and opportunities for state property risks, initially
 2788  targeting layers of coverage below, alongside, and above the
 2789  coverage provided by the Florida Hurricane Catastrophe Fund.
 2790         4. Establishing and maintaining regular and ongoing contact
 2791  with global risk capital market participants, institutions, and
 2792  investors in order to identify opportunities that satisfy and
 2793  coordinate with insurer demand for additional risk capital for
 2794  state property risks.
 2795         (b) Must provide that in conducting its affairs, the
 2796  facility may not:
 2797         1. Take a position in, or provide financial support for,
 2798  any risk-transfer transaction.
 2799         2. Be a guarantor of premium or make any other financial
 2800  guarantees to a member.
 2801         3. Enter into any contract on the part of the state or
 2802  create any state contractual obligations.
 2803         4. Impose or levy any taxes, assessments, or similar
 2804  charges.
 2805         (c) Must provide for funding the expenses of the facility,
 2806  including an initial charge that applies to all members and
 2807  subsequent charges to members on a pro rata basis.
 2808         (d) Must provide additional annual enrollment periods for
 2809  eligible insurers to become members of the facility.
 2810         (e) Must provide for the election and terms of the
 2811  governing board.
 2812         (f) May provide for the appointment or retention of staff
 2813  and professionals as the governing board deems appropriate.
 2814         (g) Must require the facility to submit a biennial report
 2815  and annual independent audits to the members of the Financial
 2816  Services Commission and the presiding officers of the
 2817  Legislature by December 31 of each even-numbered year beginning
 2818  in 2014.
 2819         (7) IMMUNITY FROM LIABILITY.—No liability on the part of,
 2820  and no cause of action of any nature, may arise against the
 2821  facility or its agents or employees, the governing board, or the
 2822  department or office or their representatives for any action
 2823  taken by them in the performance of their powers and duties
 2824  under this section.
 2825         Section 15. Subsection (1) of section 627.405, Florida
 2826  Statutes, is amended to read:
 2827         627.405 Insurable interest; property.—
 2828         (1) A No contract for property of insurance of property or
 2829  of any interest in property or arising from property is not
 2830  shall be enforceable as to the insurance except for the benefit
 2831  of persons having an insurable interest in the things insured as
 2832  at the time of the loss. Policyholders under a contract of
 2833  property insurance may assign benefits to be received under that
 2834  contract consistent with, and subject to, the conditions in the
 2835  policy.
 2836         Section 16. Subsection (1) of section 627.410, Florida
 2837  Statutes, is amended to read:
 2838         627.410 Filing, approval of forms.—
 2839         (1) A No basic insurance policy or annuity contract form,
 2840  or application form where written application is required and is
 2841  to be made a part of the policy or contract, or group
 2842  certificates issued under a master contract delivered in this
 2843  state, or printed rider or endorsement form or form of renewal
 2844  certificate, may not shall be delivered or issued for delivery
 2845  in this state, unless the form has been filed with the office by
 2846  or on in behalf of the insurer that which proposes to use such
 2847  form and has been approved by the office. This provision does
 2848  not apply to surety bonds or to policies, riders, endorsements,
 2849  or forms of unique character that which are designed for and
 2850  used with relation to insurance on upon a particular subject,
 2851  (other than as to health insurance), or that which relate to the
 2852  manner of distributing distribution of benefits or to the
 2853  reservation of rights and benefits under life or health
 2854  insurance policies and are used at the request of the individual
 2855  policyholder, contract holder, or certificateholder. For As to
 2856  group insurance policies effectuated and delivered outside this
 2857  state but covering persons resident in this state, the group
 2858  certificates to be delivered or issued for delivery in this
 2859  state shall be filed with the office for information purposes
 2860  only.
 2861         Section 17. Paragraph (b) of subsection (1) of section
 2862  627.706, Florida Statutes, is amended to read:
 2863         627.706 Sinkhole insurance; catastrophic ground cover
 2864  collapse; definitions.—
 2865         (1)
 2866         (b) The insurer shall make available, for an appropriate
 2867  additional premium, coverage for sinkhole losses on any
 2868  structure, including the contents of personal property contained
 2869  therein, in an amount equal to the full amount of coverage on
 2870  the structure. The insurer may also offer less coverage equal to
 2871  25 or 50 percent of the amount of coverage on the structure,
 2872  with an appropriate reduction in the additional premium to the
 2873  extent provided in the form to which the coverage attaches. The
 2874  insurer may require an inspection of the property before
 2875  issuance of sinkhole loss coverage. A policy for residential
 2876  property insurance may include a deductible amount applicable to
 2877  sinkhole losses equal to 1 percent, 2 percent, 5 percent, or 10
 2878  percent of the policy dwelling limits, with appropriate premium
 2879  discounts offered with each deductible amount.
 2880         Section 18. Except as otherwise expressly provided in the
 2881  act, this act shall take effect July 1, 2013.