Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1630
       
       
       
       
       
       
                                Ì586788pÎ586788                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2016           .                                
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       The Committee on Banking and Insurance (Negron) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (c), (n), and (x) of subsection (6)
    6  of section 627.351, Florida Statutes, are amended, and paragraph
    7  (ii) is added to that subsection, to read:
    8         627.351 Insurance risk apportionment plans.—
    9         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   10         (c) The corporation’s plan of operation:
   11         1. Must provide for adoption of residential property and
   12  casualty insurance policy forms and commercial residential and
   13  nonresidential property insurance forms, which must be approved
   14  by the office before use. The corporation shall adopt the
   15  following policy forms:
   16         a. Standard personal lines policy forms that are
   17  comprehensive multiperil policies providing full coverage of a
   18  residential property equivalent to the coverage provided in the
   19  private insurance market under an HO-3, HO-4, or HO-6 policy.
   20         b. Basic personal lines policy forms that are policies
   21  similar to an HO-8 policy or a dwelling fire policy that provide
   22  coverage meeting the requirements of the secondary mortgage
   23  market, but which is more limited than the coverage under a
   24  standard policy.
   25         c. Commercial lines residential and nonresidential policy
   26  forms that are generally similar to the basic perils of full
   27  coverage obtainable for commercial residential structures and
   28  commercial nonresidential structures in the admitted voluntary
   29  market.
   30         d. Personal lines and commercial lines residential property
   31  insurance forms that cover the peril of wind only. The forms are
   32  applicable only to residential properties located in areas
   33  eligible for coverage under the coastal account referred to in
   34  sub-subparagraph (b)2.a.
   35         e. Commercial lines nonresidential property insurance forms
   36  that cover the peril of wind only. The forms are applicable only
   37  to nonresidential properties located in areas eligible for
   38  coverage under the coastal account referred to in sub
   39  subparagraph (b)2.a.
   40         f. The corporation may adopt variations of the policy forms
   41  listed in sub-subparagraphs a.-e. which contain more restrictive
   42  coverage.
   43         g. Effective January 1, 2013, the corporation shall offer a
   44  basic personal lines policy similar to an HO-8 policy with
   45  dwelling repair based on common construction materials and
   46  methods.
   47         2. Must provide that the corporation adopt a program in
   48  which the corporation and authorized insurers enter into quota
   49  share primary insurance agreements for hurricane coverage, as
   50  defined in s. 627.4025(2)(a), for eligible risks, and adopt
   51  property insurance forms for eligible risks which cover the
   52  peril of wind only.
   53         a. As used in this subsection, the term:
   54         (I) “Quota share primary insurance” means an arrangement in
   55  which the primary hurricane coverage of an eligible risk is
   56  provided in specified percentages by the corporation and an
   57  authorized insurer. The corporation and authorized insurer are
   58  each solely responsible for a specified percentage of hurricane
   59  coverage of an eligible risk as set forth in a quota share
   60  primary insurance agreement between the corporation and an
   61  authorized insurer and the insurance contract. The
   62  responsibility of the corporation or authorized insurer to pay
   63  its specified percentage of hurricane losses of an eligible
   64  risk, as set forth in the agreement, may not be altered by the
   65  inability of the other party to pay its specified percentage of
   66  losses. Eligible risks that are provided hurricane coverage
   67  through a quota share primary insurance arrangement must be
   68  provided policy forms that set forth the obligations of the
   69  corporation and authorized insurer under the arrangement,
   70  clearly specify the percentages of quota share primary insurance
   71  provided by the corporation and authorized insurer, and
   72  conspicuously and clearly state that the authorized insurer and
   73  the corporation may not be held responsible beyond their
   74  specified percentage of coverage of hurricane losses.
   75         (II) “Eligible risks” means personal lines residential and
   76  commercial lines residential risks that meet the underwriting
   77  criteria of the corporation and are located in areas that were
   78  eligible for coverage by the Florida Windstorm Underwriting
   79  Association on January 1, 2002.
   80         b. The corporation may enter into quota share primary
   81  insurance agreements with authorized insurers at corporation
   82  coverage levels of 90 percent and 50 percent.
   83         c. If the corporation determines that additional coverage
   84  levels are necessary to maximize participation in quota share
   85  primary insurance agreements by authorized insurers, the
   86  corporation may establish additional coverage levels. However,
   87  the corporation’s quota share primary insurance coverage level
   88  may not exceed 90 percent.
   89         d. Any quota share primary insurance agreement entered into
   90  between an authorized insurer and the corporation must provide
   91  for a uniform specified percentage of coverage of hurricane
   92  losses, by county or territory as set forth by the corporation
   93  board, for all eligible risks of the authorized insurer covered
   94  under the agreement.
   95         e. Any quota share primary insurance agreement entered into
   96  between an authorized insurer and the corporation is subject to
   97  review and approval by the office. However, such agreement shall
   98  be authorized only as to insurance contracts entered into
   99  between an authorized insurer and an insured who is already
  100  insured by the corporation for wind coverage.
  101         f. For all eligible risks covered under quota share primary
  102  insurance agreements, the exposure and coverage levels for both
  103  the corporation and authorized insurers shall be reported by the
  104  corporation to the Florida Hurricane Catastrophe Fund. For all
  105  policies of eligible risks covered under such agreements, the
  106  corporation and the authorized insurer must maintain complete
  107  and accurate records for the purpose of exposure and loss
  108  reimbursement audits as required by fund rules. The corporation
  109  and the authorized insurer shall each maintain duplicate copies
  110  of policy declaration pages and supporting claims documents.
  111         g. The corporation board shall establish in its plan of
  112  operation standards for quota share agreements which ensure that
  113  there is no discriminatory application among insurers as to the
  114  terms of the agreements, pricing of the agreements, incentive
  115  provisions if any, and consideration paid for servicing policies
  116  or adjusting claims.
  117         h. The quota share primary insurance agreement between the
  118  corporation and an authorized insurer must set forth the
  119  specific terms under which coverage is provided, including, but
  120  not limited to, the sale and servicing of policies issued under
  121  the agreement by the insurance agent of the authorized insurer
  122  producing the business, the reporting of information concerning
  123  eligible risks, the payment of premium to the corporation, and
  124  arrangements for the adjustment and payment of hurricane claims
  125  incurred on eligible risks by the claims adjuster and personnel
  126  of the authorized insurer. Entering into a quota sharing
  127  insurance agreement between the corporation and an authorized
  128  insurer is voluntary and at the discretion of the authorized
  129  insurer.
  130         3. May provide that the corporation may employ or otherwise
  131  contract with individuals or other entities to provide
  132  administrative or professional services that may be appropriate
  133  to effectuate the plan. The corporation may borrow funds by
  134  issuing bonds or by incurring other indebtedness, and shall have
  135  other powers reasonably necessary to effectuate the requirements
  136  of this subsection, including, without limitation, the power to
  137  issue bonds and incur other indebtedness in order to refinance
  138  outstanding bonds or other indebtedness. The corporation may
  139  seek judicial validation of its bonds or other indebtedness
  140  under chapter 75. The corporation may issue bonds or incur other
  141  indebtedness, or have bonds issued on its behalf by a unit of
  142  local government pursuant to subparagraph (q)2. in the absence
  143  of a hurricane or other weather-related event, upon a
  144  determination by the corporation, subject to approval by the
  145  office, that such action would enable it to efficiently meet the
  146  financial obligations of the corporation and that such
  147  financings are reasonably necessary to effectuate the
  148  requirements of this subsection. The corporation may take all
  149  actions needed to facilitate tax-free status for such bonds or
  150  indebtedness, including formation of trusts or other affiliated
  151  entities. The corporation may pledge assessments, projected
  152  recoveries from the Florida Hurricane Catastrophe Fund, other
  153  reinsurance recoverables, policyholder surcharges and other
  154  surcharges, and other funds available to the corporation as
  155  security for bonds or other indebtedness. In recognition of s.
  156  10, Art. I of the State Constitution, prohibiting the impairment
  157  of obligations of contracts, it is the intent of the Legislature
  158  that no action be taken whose purpose is to impair any bond
  159  indenture or financing agreement or any revenue source committed
  160  by contract to such bond or other indebtedness.
  161         4. Must require that the corporation operate subject to the
  162  supervision and approval of a board of governors consisting of
  163  nine individuals who are residents of this state and who are
  164  from different geographical areas of the state, one of whom is
  165  appointed by the Governor and serves solely to advocate on
  166  behalf of the consumer. The appointment of a consumer
  167  representative by the Governor is deemed to be within the scope
  168  of the exemption provided in s. 112.313(7)(b) and is in addition
  169  to the appointments authorized under sub-subparagraph a.
  170         a. The Governor, the Chief Financial Officer, the President
  171  of the Senate, and the Speaker of the House of Representatives
  172  shall each appoint two members of the board. At least one of the
  173  two members appointed by each appointing officer must have
  174  demonstrated expertise in insurance and be deemed to be within
  175  the scope of the exemption provided in s. 112.313(7)(b). The
  176  Chief Financial Officer shall designate one of the appointees as
  177  chair. All board members serve at the pleasure of the appointing
  178  officer. All members of the board are subject to removal at will
  179  by the officers who appointed them. All board members, including
  180  the chair, must be appointed to serve for 3-year terms beginning
  181  annually on a date designated by the plan. However, for the
  182  first term beginning on or after July 1, 2009, each appointing
  183  officer shall appoint one member of the board for a 2-year term
  184  and one member for a 3-year term. A board vacancy shall be
  185  filled for the unexpired term by the appointing officer. The
  186  Chief Financial Officer shall appoint a technical advisory group
  187  to provide information and advice to the board in connection
  188  with the board’s duties under this subsection. The executive
  189  director and senior managers of the corporation shall be engaged
  190  by the board and serve at the pleasure of the board. Any
  191  executive director appointed on or after July 1, 2006, is
  192  subject to confirmation by the Senate. The executive director is
  193  responsible for employing other staff as the corporation may
  194  require, subject to review and concurrence by the board.
  195         b. The board shall create a Market Accountability Advisory
  196  Committee to assist the corporation in developing awareness of
  197  its rates and its customer and agent service levels in
  198  relationship to the voluntary market insurers writing similar
  199  coverage.
  200         (I) The members of the advisory committee consist of the
  201  following 11 persons, one of whom must be elected chair by the
  202  members of the committee: four representatives, one appointed by
  203  the Florida Association of Insurance Agents, one by the Florida
  204  Association of Insurance and Financial Advisors, one by the
  205  Professional Insurance Agents of Florida, and one by the Latin
  206  American Association of Insurance Agencies; three
  207  representatives appointed by the insurers with the three highest
  208  voluntary market share of residential property insurance
  209  business in the state; one representative from the Office of
  210  Insurance Regulation; one consumer appointed by the board who is
  211  insured by the corporation at the time of appointment to the
  212  committee; one representative appointed by the Florida
  213  Association of Realtors; and one representative appointed by the
  214  Florida Bankers Association. All members shall be appointed to
  215  3-year terms and may serve for consecutive terms.
  216         (II) The committee shall report to the corporation at each
  217  board meeting on insurance market issues which may include rates
  218  and rate competition with the voluntary market; service,
  219  including policy issuance, claims processing, and general
  220  responsiveness to policyholders, applicants, and agents; and
  221  matters relating to depopulation.
  222         5. Must provide a procedure for determining the eligibility
  223  of a risk for coverage, as follows:
  224         a. Subject to s. 627.3517, with respect to personal lines
  225  residential risks, if the risk is offered coverage from an
  226  authorized insurer at the insurer’s approved rate under a
  227  standard policy including wind coverage or, if consistent with
  228  the insurer’s underwriting rules as filed with the office, a
  229  basic policy including wind coverage, for a new application to
  230  the corporation for coverage, the risk is not eligible for any
  231  policy issued by the corporation unless the premium for coverage
  232  from the authorized insurer is more than 15 percent greater than
  233  the premium for comparable coverage from the corporation.
  234  Whenever an offer of coverage for a personal lines residential
  235  risk is received for a policyholder of the corporation at
  236  renewal from an authorized insurer, if the offer is equal to or
  237  less than the corporation’s renewal premium for comparable
  238  coverage, the risk is not eligible for coverage with the
  239  corporation. If the risk is not able to obtain such offer, the
  240  risk is eligible for a standard policy including wind coverage
  241  or a basic policy including wind coverage issued by the
  242  corporation; however, if the risk could not be insured under a
  243  standard policy including wind coverage regardless of market
  244  conditions, the risk is eligible for a basic policy including
  245  wind coverage unless rejected under subparagraph 8. However, a
  246  policyholder removed from the corporation through an assumption
  247  agreement remains eligible for coverage from the corporation
  248  until the end of the assumption period. The corporation shall
  249  determine the type of policy to be provided on the basis of
  250  objective standards specified in the underwriting manual and
  251  based on generally accepted underwriting practices.
  252         (I) If the risk accepts an offer of coverage through the
  253  market assistance plan or through a mechanism established by the
  254  corporation other than a plan established by s. 627.3518, before
  255  a policy is issued to the risk by the corporation or during the
  256  first 30 days of coverage by the corporation, and the producing
  257  agent who submitted the application to the plan or to the
  258  corporation is not currently appointed by the insurer, the
  259  insurer shall:
  260         (A) Pay to the producing agent of record of the policy for
  261  the first year, an amount that is the greater of the insurer’s
  262  usual and customary commission for the type of policy written or
  263  a fee equal to the usual and customary commission of the
  264  corporation; or
  265         (B) Offer to allow the producing agent of record of the
  266  policy to continue servicing the policy for at least 1 year and
  267  offer to pay the agent the greater of the insurer’s or the
  268  corporation’s usual and customary commission for the type of
  269  policy written.
  270  
  271  If the producing agent is unwilling or unable to accept
  272  appointment, the new insurer shall pay the agent in accordance
  273  with sub-sub-sub-subparagraph (A).
  274         (II) If the corporation enters into a contractual agreement
  275  for a take-out plan, the producing agent of record of the
  276  corporation policy is entitled to retain any unearned commission
  277  on the policy, and the insurer shall:
  278         (A) Pay to the producing agent of record, for the first
  279  year, an amount that is the greater of the insurer’s usual and
  280  customary commission for the type of policy written or a fee
  281  equal to the usual and customary commission of the corporation;
  282  or
  283         (B) Offer to allow the producing agent of record to
  284  continue servicing the policy for at least 1 year and offer to
  285  pay the agent the greater of the insurer’s or the corporation’s
  286  usual and customary commission for the type of policy written.
  287  
  288  If the producing agent is unwilling or unable to accept
  289  appointment, the new insurer shall pay the agent in accordance
  290  with sub-sub-sub-subparagraph (A).
  291         b. With respect to commercial lines residential risks, for
  292  a new application to the corporation for coverage, if the risk
  293  is offered coverage under a policy including wind coverage from
  294  an authorized insurer at its approved rate, the risk is not
  295  eligible for a policy issued by the corporation unless the
  296  premium for coverage from the authorized insurer is more than 15
  297  percent greater than the premium for comparable coverage from
  298  the corporation. Whenever an offer of coverage for a commercial
  299  lines residential risk is received for a policyholder of the
  300  corporation at renewal from an authorized insurer, if the offer
  301  is equal to or less than the corporation’s renewal premium for
  302  comparable coverage, the risk is not eligible for coverage with
  303  the corporation. If the risk is not able to obtain any such
  304  offer, the risk is eligible for a policy including wind coverage
  305  issued by the corporation. However, a policyholder removed from
  306  the corporation through an assumption agreement remains eligible
  307  for coverage from the corporation until the end of the
  308  assumption period.
  309         (I) If the risk accepts an offer of coverage through the
  310  market assistance plan or through a mechanism established by the
  311  corporation other than a plan established by s. 627.3518, before
  312  a policy is issued to the risk by the corporation or during the
  313  first 30 days of coverage by the corporation, and the producing
  314  agent who submitted the application to the plan or the
  315  corporation is not currently appointed by the insurer, the
  316  insurer shall:
  317         (A) Pay to the producing agent of record of the policy, for
  318  the first year, an amount that is the greater of the insurer’s
  319  usual and customary commission for the type of policy written or
  320  a fee equal to the usual and customary commission of the
  321  corporation; or
  322         (B) Offer to allow the producing agent of record of the
  323  policy to continue servicing the policy for at least 1 year and
  324  offer to pay the agent the greater of the insurer’s or the
  325  corporation’s usual and customary commission for the type of
  326  policy written.
  327  
  328  If the producing agent is unwilling or unable to accept
  329  appointment, the new insurer shall pay the agent in accordance
  330  with sub-sub-sub-subparagraph (A).
  331         (II) If the corporation enters into a contractual agreement
  332  for a take-out plan, the producing agent of record of the
  333  corporation policy is entitled to retain any unearned commission
  334  on the policy, and the insurer shall:
  335         (A) Pay to the producing agent of record, for the first
  336  year, an amount that is the greater of the insurer’s usual and
  337  customary commission for the type of policy written or a fee
  338  equal to the usual and customary commission of the corporation;
  339  or
  340         (B) Offer to allow the producing agent of record to
  341  continue servicing the policy for at least 1 year and offer to
  342  pay the agent the greater of the insurer’s or the corporation’s
  343  usual and customary commission for the type of policy written.
  344  
  345  If the producing agent is unwilling or unable to accept
  346  appointment, the new insurer shall pay the agent in accordance
  347  with sub-sub-sub-subparagraph (A).
  348         c. For purposes of determining comparable coverage under
  349  sub-subparagraphs a. and b., the comparison must be based on
  350  those forms and coverages that are reasonably comparable. The
  351  corporation may rely on a determination of comparable coverage
  352  and premium made by the producing agent who submits the
  353  application to the corporation, made in the agent’s capacity as
  354  the corporation’s agent. A comparison may be made solely of the
  355  premium with respect to the main building or structure only on
  356  the following basis: the same coverage A or other building
  357  limits; the same percentage hurricane deductible that applies on
  358  an annual basis or that applies to each hurricane for commercial
  359  residential property; the same percentage of ordinance and law
  360  coverage, if the same limit is offered by both the corporation
  361  and the authorized insurer; the same mitigation credits, to the
  362  extent the same types of credits are offered both by the
  363  corporation and the authorized insurer; the same method for loss
  364  payment, such as replacement cost or actual cash value, if the
  365  same method is offered both by the corporation and the
  366  authorized insurer in accordance with underwriting rules; and
  367  any other form or coverage that is reasonably comparable as
  368  determined by the board. If an application is submitted to the
  369  corporation for wind-only coverage in the coastal account, the
  370  premium for the corporation’s wind-only policy plus the premium
  371  for the ex-wind policy that is offered by an authorized insurer
  372  to the applicant must be compared to the premium for multiperil
  373  coverage offered by an authorized insurer, subject to the
  374  standards for comparison specified in this subparagraph. If the
  375  corporation or the applicant requests from the authorized
  376  insurer a breakdown of the premium of the offer by types of
  377  coverage so that a comparison may be made by the corporation or
  378  its agent and the authorized insurer refuses or is unable to
  379  provide such information, the corporation may treat the offer as
  380  not being an offer of coverage from an authorized insurer at the
  381  insurer’s approved rate.
  382         6. Must include rules for classifications of risks and
  383  rates.
  384         7. Must provide that if premium and investment income for
  385  an account attributable to a particular calendar year are in
  386  excess of projected losses and expenses for the account
  387  attributable to that year, such excess shall be held in surplus
  388  in the account. Such surplus must be available to defray
  389  deficits in that account as to future years and used for that
  390  purpose before assessing assessable insurers and assessable
  391  insureds as to any calendar year.
  392         8. Must provide objective criteria and procedures to be
  393  uniformly applied to all applicants in determining whether an
  394  individual risk is so hazardous as to be uninsurable. In making
  395  this determination and in establishing the criteria and
  396  procedures, the following must be considered:
  397         a. Whether the likelihood of a loss for the individual risk
  398  is substantially higher than for other risks of the same class;
  399  and
  400         b. Whether the uncertainty associated with the individual
  401  risk is such that an appropriate premium cannot be determined.
  402  
  403  The acceptance or rejection of a risk by the corporation shall
  404  be construed as the private placement of insurance, and the
  405  provisions of chapter 120 do not apply.
  406         9. Must provide that the corporation make its best efforts
  407  to procure catastrophe reinsurance at reasonable rates, to cover
  408  its projected 100-year probable maximum loss as determined by
  409  the board of governors.
  410         10. The policies issued by the corporation must provide
  411  that if the corporation or the market assistance plan obtains an
  412  offer from an authorized insurer to cover the risk at its
  413  approved rates, the risk is no longer eligible for renewal
  414  through the corporation, except as otherwise provided in this
  415  subsection.
  416         11. Corporation policies and applications must include a
  417  notice that the corporation policy could, under this section, be
  418  replaced with a policy issued by an authorized insurer which
  419  does not provide coverage identical to the coverage provided by
  420  the corporation. The notice must also specify that acceptance of
  421  corporation coverage creates a conclusive presumption that the
  422  applicant or policyholder is aware of this potential.
  423         12. May establish, subject to approval by the office,
  424  different eligibility requirements and operational procedures
  425  for any line or type of coverage for any specified county or
  426  area if the board determines that such changes are justified due
  427  to the voluntary market being sufficiently stable and
  428  competitive in such area or for such line or type of coverage
  429  and that consumers who, in good faith, are unable to obtain
  430  insurance through the voluntary market through ordinary methods
  431  continue to have access to coverage from the corporation. If
  432  coverage is sought in connection with a real property transfer,
  433  the requirements and procedures may not provide an effective
  434  date of coverage later than the date of the closing of the
  435  transfer as established by the transferor, the transferee, and,
  436  if applicable, the lender.
  437         13. Must provide that, with respect to the coastal account,
  438  any assessable insurer with a surplus as to policyholders of $25
  439  million or less writing 25 percent or more of its total
  440  countrywide property insurance premiums in this state may
  441  petition the office, within the first 90 days of each calendar
  442  year, to qualify as a limited apportionment company. A regular
  443  assessment levied by the corporation on a limited apportionment
  444  company for a deficit incurred by the corporation for the
  445  coastal account may be paid to the corporation on a monthly
  446  basis as the assessments are collected by the limited
  447  apportionment company from its insureds, but a limited
  448  apportionment company must begin collecting the regular
  449  assessments not later than 90 days after the regular assessments
  450  are levied by the corporation, and the regular assessments must
  451  be paid in full within 15 months after being levied by the
  452  corporation. A limited apportionment company shall collect from
  453  its policyholders any emergency assessment imposed under sub
  454  subparagraph (b)3.d. The plan must provide that, if the office
  455  determines that any regular assessment will result in an
  456  impairment of the surplus of a limited apportionment company,
  457  the office may direct that all or part of such assessment be
  458  deferred as provided in subparagraph (q)4. However, an emergency
  459  assessment to be collected from policyholders under sub
  460  subparagraph (b)3.d. may not be limited or deferred.
  461         14. Must provide that the corporation appoint as its
  462  licensed agents only those agents who throughout such
  463  appointments also hold an appointment as defined in s.
  464  626.015(3) by with an insurer who at the time of the agent’s
  465  initial appointment by the corporation is authorized to write
  466  and is actually writing or renewing personal lines residential
  467  property coverage, commercial residential property coverage, or
  468  commercial nonresidential property coverage within the state.
  469         15. Must provide a premium payment plan option to its
  470  policyholders which, at a minimum, allows for quarterly and
  471  semiannual payment of premiums. A monthly payment plan may, but
  472  is not required to, be offered.
  473         16. Must limit coverage on mobile homes or manufactured
  474  homes built before 1994 to actual cash value of the dwelling
  475  rather than replacement costs of the dwelling.
  476         17. Must provide coverage for manufactured or mobile home
  477  dwellings. Such coverage must also include the following
  478  attached structures:
  479         a. Screened enclosures that are aluminum framed or screened
  480  enclosures that are not covered by the same or substantially the
  481  same materials as those of the primary dwelling;
  482         b. Carports that are aluminum or carports that are not
  483  covered by the same or substantially the same materials as those
  484  of the primary dwelling; and
  485         c. Patios that have a roof covering that is constructed of
  486  materials that are not the same or substantially the same
  487  materials as those of the primary dwelling.
  488  
  489  The corporation shall make available a policy for mobile homes
  490  or manufactured homes for a minimum insured value of at least
  491  $3,000.
  492         18. May provide such limits of coverage as the board
  493  determines, consistent with the requirements of this subsection.
  494         19. May require commercial property to meet specified
  495  hurricane mitigation construction features as a condition of
  496  eligibility for coverage.
  497         20. Must provide that new or renewal policies issued by the
  498  corporation on or after January 1, 2012, which cover sinkhole
  499  loss do not include coverage for any loss to appurtenant
  500  structures, driveways, sidewalks, decks, or patios that are
  501  directly or indirectly caused by sinkhole activity. The
  502  corporation shall exclude such coverage using a notice of
  503  coverage change, which may be included with the policy renewal,
  504  and not by issuance of a notice of nonrenewal of the excluded
  505  coverage upon renewal of the current policy.
  506         21. As of January 1, 2012, must require that the agent
  507  obtain from an applicant for coverage from the corporation an
  508  acknowledgment signed by the applicant, which includes, at a
  509  minimum, the following statement:
  510                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  511                      AND ASSESSMENT LIABILITY:                    
  512         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  513  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  514  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  515  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  516  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  517  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  518  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  519  LEGISLATURE.
  520         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
  521  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
  522  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
  523  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
  524  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
  525  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
  526  ARE REGULATED AND APPROVED BY THE STATE.
  527         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  528  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  529  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  530  FLORIDA LEGISLATURE.
  531         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  532  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  533  STATE OF FLORIDA.
  534         a. The corporation shall maintain, in electronic format or
  535  otherwise, a copy of the applicant’s signed acknowledgment and
  536  provide a copy of the statement to the policyholder as part of
  537  the first renewal after the effective date of this subparagraph.
  538         b. The signed acknowledgment form creates a conclusive
  539  presumption that the policyholder understood and accepted his or
  540  her potential surcharge and assessment liability as a
  541  policyholder of the corporation.
  542         (n)1. Rates for coverage provided by the corporation must
  543  be actuarially sound and subject to s. 627.062, except as
  544  otherwise provided in this paragraph. The corporation shall file
  545  its recommended rates with the office at least annually. The
  546  corporation shall provide any additional information regarding
  547  the rates which the office requires. The office shall consider
  548  the recommendations of the board and issue a final order
  549  establishing the rates for the corporation within 45 days after
  550  the recommended rates are filed. The corporation may not pursue
  551  an administrative challenge or judicial review of the final
  552  order of the office.
  553         2. In addition to the rates otherwise determined pursuant
  554  to this paragraph, the corporation shall impose and collect an
  555  amount equal to the premium tax provided in s. 624.509 to
  556  augment the financial resources of the corporation.
  557         3. After the public hurricane loss-projection model under
  558  s. 627.06281 has been found to be accurate and reliable by the
  559  Florida Commission on Hurricane Loss Projection Methodology, the
  560  model shall be considered when establishing serve as the minimum
  561  benchmark for determining the windstorm portion of the
  562  corporation’s rates. The corporation may use the public model
  563  results in combination with the results of private models to
  564  calculate rates for the windstorm portion of the corporation’s
  565  rates. This subparagraph does not require or allow the
  566  corporation to adopt rates lower than the rates otherwise
  567  required or allowed by this paragraph.
  568         4. The rate filings for the corporation which were approved
  569  by the office and took effect January 1, 2007, are rescinded,
  570  except for those rates that were lowered. As soon as possible,
  571  the corporation shall begin using the lower rates that were in
  572  effect on December 31, 2006, and provide refunds to
  573  policyholders who paid higher rates as a result of that rate
  574  filing. The rates in effect on December 31, 2006, remain in
  575  effect for the 2007 and 2008 calendar years except for any rate
  576  change that results in a lower rate. The next rate change that
  577  may increase rates shall take effect pursuant to a new rate
  578  filing recommended by the corporation and established by the
  579  office, subject to this paragraph.
  580         5. Beginning on July 15, 2009, and annually thereafter, the
  581  corporation must make a recommended actuarially sound rate
  582  filing for each personal and commercial line of business it
  583  writes, to be effective no earlier than January 1, 2010.
  584         6. Beginning on or after January 1, 2010, and
  585  notwithstanding the board’s recommended rates and the office’s
  586  final order regarding the corporation’s filed rates under
  587  subparagraph 1., the corporation shall annually implement a rate
  588  increase which, except for sinkhole coverage, does not exceed 10
  589  percent for any single policy issued by the corporation,
  590  excluding coverage changes and surcharges.
  591         7. The corporation may also implement an increase to
  592  reflect the effect on the corporation of the cash buildup factor
  593  pursuant to s. 215.555(5)(b).
  594         8. The corporation’s implementation of rates as prescribed
  595  in subparagraph 6. shall cease for any line of business written
  596  by the corporation upon the corporation’s implementation of
  597  actuarially sound rates. Thereafter, the corporation shall
  598  annually make a recommended actuarially sound rate filing for
  599  each commercial and personal line of business the corporation
  600  writes.
  601         (x)1. The following records of the corporation are
  602  confidential and exempt from the provisions of s. 119.07(1) and
  603  s. 24(a), Art. I of the State Constitution:
  604         a. Underwriting files, except that a policyholder or an
  605  applicant shall have access to his or her own underwriting
  606  files. Confidential and exempt underwriting file records may
  607  also be released to other governmental agencies upon written
  608  request and demonstration of need; such records held by the
  609  receiving agency remain confidential and exempt as provided
  610  herein.
  611         b. Claims files, until termination of all litigation and
  612  settlement of all claims arising out of the same incident,
  613  although portions of the claims files may remain exempt, as
  614  otherwise provided by law. Confidential and exempt claims file
  615  records may be released to other governmental agencies upon
  616  written request and demonstration of need; such records held by
  617  the receiving agency remain confidential and exempt as provided
  618  herein.
  619         c. Records obtained or generated by an internal auditor
  620  pursuant to a routine audit, until the audit is completed, or if
  621  the audit is conducted as part of an investigation, until the
  622  investigation is closed or ceases to be active. An investigation
  623  is considered “active” while the investigation is being
  624  conducted with a reasonable, good faith belief that it could
  625  lead to the filing of administrative, civil, or criminal
  626  proceedings.
  627         d. Matters reasonably encompassed in privileged attorney
  628  client communications.
  629         e. Proprietary information licensed to the corporation
  630  under contract and the contract provides for the confidentiality
  631  of such proprietary information.
  632         f. All information relating to the medical condition or
  633  medical status of a corporation employee which is not relevant
  634  to the employee’s capacity to perform his or her duties, except
  635  as otherwise provided in this paragraph. Information that is
  636  exempt shall include, but is not limited to, information
  637  relating to workers’ compensation, insurance benefits, and
  638  retirement or disability benefits.
  639         g. Upon an employee’s entrance into the employee assistance
  640  program, a program to assist any employee who has a behavioral
  641  or medical disorder, substance abuse problem, or emotional
  642  difficulty that which affects the employee’s job performance,
  643  all records relative to that participation shall be confidential
  644  and exempt from the provisions of s. 119.07(1) and s. 24(a),
  645  Art. I of the State Constitution, except as otherwise provided
  646  in s. 112.0455(11).
  647         h. Information relating to negotiations for financing,
  648  reinsurance, depopulation, or contractual services, until the
  649  conclusion of the negotiations.
  650         i. Minutes of closed meetings regarding underwriting files,
  651  and minutes of closed meetings regarding an open claims file
  652  until termination of all litigation and settlement of all claims
  653  with regard to that claim, except that information otherwise
  654  confidential or exempt by law shall be redacted.
  655         2. If an authorized insurer is considering underwriting a
  656  risk insured by the corporation, relevant underwriting files and
  657  confidential claims files may be released to the insurer
  658  provided the insurer agrees in writing, notarized and under
  659  oath, to maintain the confidentiality of such files. If a file
  660  is transferred to an insurer, that file is no longer a public
  661  record because it is not held by an agency subject to the
  662  provisions of the public records law. Underwriting files and
  663  confidential claims files may also be released to staff and the
  664  board of governors of the market assistance plan established
  665  pursuant to s. 627.3515, who must retain the confidentiality of
  666  such files, except such files may be released to authorized
  667  insurers that are considering assuming the risks to which the
  668  files apply, provided the insurer agrees in writing, notarized
  669  and under oath, to maintain the confidentiality of such files.
  670  Finally, the corporation or the board or staff of the market
  671  assistance plan may make the following information obtained from
  672  underwriting files and confidential claims files available to an
  673  entity that has obtained a permit to become an authorized
  674  insurer, a reinsurer that may provide reinsurance under s.
  675  624.610, a licensed reinsurance broker, or a modeling company
  676  licensed general lines insurance agents: name, address, and
  677  telephone number of the residential property owner or insured;
  678  location of the risk; rating information; loss history; and
  679  policy type. The receiving entity licensed general lines
  680  insurance agent must retain the confidentiality of the
  681  information received and may use the information only for the
  682  purposes of developing a take-out plan to be submitted to the
  683  office for approval or otherwise analyzing the underwriting of a
  684  risk or risks insured by the corporation on behalf of the
  685  private insurance market.
  686         3. A policyholder who has filed suit against the
  687  corporation has the right to discover the contents of his or her
  688  own claims file to the same extent that discovery of such
  689  contents would be available from a private insurer in litigation
  690  as provided by the Florida Rules of Civil Procedure, the Florida
  691  Evidence Code, and other applicable law. Pursuant to subpoena, a
  692  third party has the right to discover the contents of an
  693  insured’s or applicant’s underwriting or claims file to the same
  694  extent that discovery of such contents would be available from a
  695  private insurer by subpoena as provided by the Florida Rules of
  696  Civil Procedure, the Florida Evidence Code, and other applicable
  697  law, and subject to any confidentiality protections requested by
  698  the corporation and agreed to by the seeking party or ordered by
  699  the court. The corporation may release confidential underwriting
  700  and claims file contents and information as it deems necessary
  701  and appropriate to underwrite or service insurance policies and
  702  claims, subject to any confidentiality protections deemed
  703  necessary and appropriate by the corporation.
  704         4. Portions of meetings of the corporation are exempt from
  705  the provisions of s. 286.011 and s. 24(b), Art. I of the State
  706  Constitution wherein confidential underwriting files or
  707  confidential open claims files are discussed. All portions of
  708  corporation meetings which are closed to the public shall be
  709  recorded by a court reporter. The court reporter shall record
  710  the times of commencement and termination of the meeting, all
  711  discussion and proceedings, the names of all persons present at
  712  any time, and the names of all persons speaking. No portion of
  713  any closed meeting shall be off the record. Subject to the
  714  provisions hereof and s. 119.07(1)(d)-(f), the court reporter’s
  715  notes of any closed meeting shall be retained by the corporation
  716  for a minimum of 5 years. A copy of the transcript, less any
  717  exempt matters, of any closed meeting wherein claims are
  718  discussed shall become public as to individual claims after
  719  settlement of the claim.
  720         (ii) The corporation shall revise the programs adopted
  721  pursuant to sub-subparagraph (q)3.a. for personal lines
  722  residential policies to maximize policyholder options and
  723  encourage increased participation by insurers and agents. Such
  724  revisions must comply with this paragraph no later than January
  725  1, 2017.
  726         1. The corporation must schedule no more than 6 cycles per
  727  year during which insurers may identify policies they wish to
  728  take out and may submit requests to take out such policies to
  729  the corporation in a form and manner prescribed by the
  730  corporation. An insurer’s take-out request must include a
  731  description of the coverages offered and an estimated premium.
  732  In submitting any take-out request, an insurer must agree that
  733  the initial premium of the insurer after assumption will not
  734  exceed its estimated premium by more than 10 percent, excluding
  735  coverage changes, surcharges, and assessments.
  736         2. For each policy of the corporation identified under
  737  subparagraph 1., the corporation shall maintain and make
  738  available to the agent of record a consolidated list of all
  739  insurers requesting the policy. The list must contain the
  740  information described in subparagraph 1.
  741         3. The corporation shall provide written notice to its
  742  policyholders and the agents of record informing them of their
  743  option to accept one of the take-out offers presented or to
  744  remain with the corporation. The notice must be in a format
  745  prescribed by the corporation and include the amount of the
  746  estimated premium for the coverage of each offering insurer, the
  747  amount of the premium for the coverage provided by the
  748  corporation, and a description of the coverage offered by each
  749  insurer and the coverage provided by the corporation, which
  750  includes an explanation of any differences among the coverage
  751  offered by each insurer and the coverage provided by the
  752  corporation.
  753         Section 2. Subsection (5) of section 627.3518, Florida
  754  Statutes, is amended to read:
  755         627.3518 Citizens Property Insurance Corporation
  756  policyholder eligibility clearinghouse program.—The purpose of
  757  this section is to provide a framework for the corporation to
  758  implement a clearinghouse program by January 1, 2014.
  759         (5) Notwithstanding s. 627.3517, any applicant for new
  760  coverage from the corporation is not eligible for coverage from
  761  the corporation if provided an offer of coverage from an
  762  authorized insurer through the program at a premium that is at
  763  or below the eligibility threshold established in s.
  764  627.351(6)(c)5.a. Whenever an offer of coverage for a personal
  765  lines risk is received for a policyholder of the corporation at
  766  renewal from an authorized insurer through the program, if the
  767  offer is equal to or less than the corporation’s renewal premium
  768  for comparable coverage, the risk is not eligible for coverage
  769  with the corporation. In the event an offer of coverage for a
  770  new applicant is received from an authorized insurer through the
  771  program, and the premium offered exceeds the eligibility
  772  threshold contained in s. 627.351(6)(c)5.a., the applicant or
  773  insured may elect to accept such coverage, or may elect to
  774  accept or continue coverage with the corporation. In the event
  775  an offer of coverage for a personal lines risk is received from
  776  an authorized insurer at renewal through the program, and the
  777  premium offered is more than the corporation’s renewal premium
  778  for comparable coverage, the insured may elect to accept such
  779  coverage, or may elect to accept or continue coverage with the
  780  corporation. Section 627.351(6)(c)5.a.(I) does not apply to an
  781  offer of coverage from an authorized insurer obtained through
  782  the program. An applicant for coverage from the corporation who
  783  in the previous 36 months has been assumed through a take-out
  784  offer from an insurer or who was declared ineligible for
  785  coverage at renewal by the corporation in the previous 36 months
  786  due to an offer of coverage pursuant to this subsection shall be
  787  considered a renewal under this section if the corporation
  788  determines that the same authorized insurer making the offer of
  789  coverage pursuant to this subsection continues to insure the
  790  applicant and increased the rate on the policy in excess of the
  791  increase allowed for the corporation under s. 627.351(6)(n)6.
  792         Section 3. This act shall take effect July 1, 2016.
  793  
  794  ================= T I T L E  A M E N D M E N T ================
  795  And the title is amended as follows:
  796         Delete everything before the enacting clause
  797  and insert:
  798                        A bill to be entitled                      
  799         An act relating to operations of the Citizens Property
  800         Insurance Corporation; amending s. 627.351, F.S.;
  801         specifying that a consumer representative appointed by
  802         the Governor to the Citizens Property Insurance
  803         Corporation’s board of governors is not prohibited
  804         from practicing in a certain profession if required or
  805         permitted by law or ordinance; revising the
  806         requirements for licensed agents of the corporation;
  807         revising provisions related to the corporation’s use
  808         of certain public and private hurricane loss
  809         projection models in establishing certain rates;
  810         revising a provision to permit specified information
  811         from certain underwriting and claims files to be made
  812         available to certain entities, rather than licensed
  813         general lines insurance agents; providing limitations
  814         for the use of such information by the entities;
  815         requiring the take-out program to be revised for
  816         specified purposes by a specified date; requiring the
  817         corporation to schedule up to a certain number of
  818         cycles annually during which insurers may identify and
  819         submit policy take-out requests; specifying
  820         information required to be included in such requests;
  821         providing conditions that must be agreed to by
  822         insurers submitting a request; requiring the
  823         corporation to maintain and make available specified
  824         lists of insurers to its agents of record; requiring
  825         the corporation to provide policyholders and the
  826         agents of record with a specified notice regarding
  827         their policy renewal options; amending s. 627.3518,
  828         F.S.; revising criteria for when an applicant for
  829         coverage from the corporation shall be considered a
  830         renewal; providing an effective date.