Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1728
       
       
       
       
       
                               Ì646840)Î646840                          
       
       576-03101-22                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    1                        A bill to be entitled                      
    2         An act relating to property insurance; amending s.
    3         489.147, F.S.; revising the definition of the term
    4         “prohibited advertisement”; amending s. 627.351, F.S.;
    5         deleting obsolete provisions related to eligibility
    6         thresholds for personal lines residential coverage
    7         with the Citizens Property Insurance Corporation;
    8         requiring the corporation to use a method for valuing
    9         dwelling replacement costs which is approved by the
   10         Office of Insurance Regulation; specifying
   11         qualifications requirements for certain members of the
   12         board of governors for the corporation; defining the
   13         term “demonstrated expertise in insurance”; revising
   14         conditions for eligibility for coverage with the
   15         corporation; providing for a required limited annual
   16         rate increase for specified polices; defining the term
   17         “primary residence”; revising the contents of a
   18         specified notice provided by the corporation; amending
   19         s. 627.3518, F.S.; deleting an obsolete provision
   20         related to implementing the clearinghouse program by a
   21         specified date; deleting an obsolete reporting
   22         requirement; conforming provisions to changes made by
   23         the act; amending s. 627.7011, F.S.; providing that
   24         certain provisions relating to homeowners’ policies do
   25         not prohibit insurers from providing limited coverage
   26         on personal lines residential property insurance
   27         policies by including roof surface type reimbursement
   28         schedules; providing requirements for roof surface
   29         type reimbursement schedules; authorizing the
   30         conversion of a residential property insurance policy
   31         to a roof surface type reimbursement schedule under
   32         certain circumstances; providing that certain
   33         provisions relating to homeowners’ policies do not
   34         prohibit insurers from providing coverage on personal
   35         lines residential property insurance policies that
   36         limits roof coverage to a stated value sublimit of
   37         coverage; providing requirements for stated value
   38         sublimits of coverages; providing that certain
   39         provisions relating to homeowners’ policies do not
   40         prohibit certain insurers from offering roof
   41         reimbursement on the basis of replacement costs;
   42         reenacting ss. 624.424(10), 627.3517, and 627.712(1),
   43         F.S., relating to annual insurer statements, consumer
   44         choice, and required residential windstorm coverage,
   45         respectively, to incorporate the amendments made to s.
   46         627.351, F.S., in references thereto; providing an
   47         effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Paragraph (a) of subsection (1) of section
   52  489.147, Florida Statutes, is amended to read:
   53         489.147 Prohibited property insurance practices.—
   54         (1) As used in this section, the term:
   55         (a) “Prohibited advertisement” means any written or
   56  electronic communication by a contractor which that encourages,
   57  instructs, or induces a consumer to contact a contractor or
   58  public adjuster for the purpose of making an insurance claim for
   59  roof damage, if such communication does not state in a font size
   60  of at least 12 points and at least half as large as the largest
   61  font size used in the communication that:
   62         1.The consumer is responsible for payment of any insurance
   63  deductible;
   64         2.It is insurance fraud punishable as a felony of the
   65  third degree for a contractor to pay, waive, or rebate all or
   66  part of an insurance deductible applicable to payment to the
   67  contractor for repairs to property covered by a property
   68  insurance policy; and
   69         3.It is insurance fraud punishable as a felony of the
   70  third degree to intentionally file an insurance claim containing
   71  any false, incomplete, or misleading information.
   72  
   73  The term includes, but is not limited to, door hangers, business
   74  cards, magnets, flyers, pamphlets, and e-mails.
   75         Section 2. Paragraphs (a), (c), (n), and (ii) of subsection
   76  (6) of section 627.351, Florida Statutes, are amended to read:
   77         627.351 Insurance risk apportionment plans.—
   78         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   79         (a) The public purpose of this subsection is to ensure that
   80  there is an orderly market for property insurance for residents
   81  and businesses of this state.
   82         1. The Legislature finds that private insurers are
   83  unwilling or unable to provide affordable property insurance
   84  coverage in this state to the extent sought and needed. The
   85  absence of affordable property insurance threatens the public
   86  health, safety, and welfare and likewise threatens the economic
   87  health of the state. The state therefore has a compelling public
   88  interest and a public purpose to assist in assuring that
   89  property in this the state is insured and that it is insured at
   90  affordable rates so as to facilitate the remediation,
   91  reconstruction, and replacement of damaged or destroyed property
   92  in order to reduce or avoid the negative effects otherwise
   93  resulting to the public health, safety, and welfare, to the
   94  economy of the state, and to the revenues of the state and local
   95  governments which are needed to provide for the public welfare.
   96  It is necessary, therefore, to provide affordable property
   97  insurance to applicants who are in good faith entitled to
   98  procure insurance through the voluntary market but are unable to
   99  do so. The Legislature intends, therefore, that affordable
  100  property insurance be provided and that it continue to be
  101  provided, as long as necessary, through Citizens Property
  102  Insurance Corporation, a government entity that is an integral
  103  part of the state, and that is not a private insurance company.
  104  To that end, the corporation shall strive to increase the
  105  availability of affordable property insurance in this state,
  106  while achieving efficiencies and economies, and while providing
  107  service to policyholders, applicants, and agents which is no
  108  less than the quality generally provided in the voluntary
  109  market, for the achievement of the foregoing public purposes.
  110  Because it is essential for this government entity to have the
  111  maximum financial resources to pay claims following a
  112  catastrophic hurricane, it is the intent of the Legislature that
  113  the corporation continue to be an integral part of the state and
  114  that the income of the corporation be exempt from federal income
  115  taxation and that interest on the debt obligations issued by the
  116  corporation be exempt from federal income taxation.
  117         2. The Residential Property and Casualty Joint Underwriting
  118  Association originally created by this statute shall be known as
  119  the Citizens Property Insurance Corporation. The corporation
  120  shall provide insurance for residential and commercial property,
  121  for applicants who are entitled, but, in good faith, are unable
  122  to procure insurance through the voluntary market. The
  123  corporation shall operate pursuant to a plan of operation
  124  approved by order of the Financial Services Commission. The plan
  125  is subject to continuous review by the commission. The
  126  commission may, by order, withdraw approval of all or part of a
  127  plan if the commission determines that conditions have changed
  128  since approval was granted and that the purposes of the plan
  129  require changes in the plan. For the purposes of this
  130  subsection, residential coverage includes both personal lines
  131  residential coverage, which consists of the type of coverage
  132  provided by homeowner, mobile home owner, dwelling, tenant,
  133  condominium unit owner, and similar policies; and commercial
  134  lines residential coverage, which consists of the type of
  135  coverage provided by condominium association, apartment
  136  building, and similar policies.
  137         3. With respect to coverage for personal lines residential
  138  structures, and:
  139         a. Effective January 1, 2014, a structure that has a
  140  dwelling replacement cost of $1 million or more, or a single
  141  condominium unit that has a combined dwelling and contents
  142  replacement cost of $1 million or more, is not eligible for
  143  coverage by the corporation. Such dwellings insured by the
  144  corporation on December 31, 2013, may continue to be covered by
  145  the corporation until the end of the policy term. The office
  146  shall approve the method used by the corporation for valuing the
  147  dwelling replacement cost for the purposes of this subparagraph.
  148  If a policyholder is insured by the corporation before being
  149  determined to be ineligible pursuant to this subparagraph and
  150  such policyholder files a lawsuit challenging the determination,
  151  the policyholder may remain insured by the corporation until the
  152  conclusion of the litigation.
  153         b. Effective January 1, 2015, a structure that has a
  154  dwelling replacement cost of $900,000 or more, or a single
  155  condominium unit that has a combined dwelling and contents
  156  replacement cost of $900,000 or more, is not eligible for
  157  coverage by the corporation. Such dwellings insured by the
  158  corporation on December 31, 2014, may continue to be covered by
  159  the corporation only until the end of the policy term.
  160         c. Effective January 1, 2016, a structure that has a
  161  dwelling replacement cost of $800,000 or more, or a single
  162  condominium unit that has a combined dwelling and contents
  163  replacement cost of $800,000 or more, is not eligible for
  164  coverage by the corporation. Such dwellings insured by the
  165  corporation on December 31, 2015, may continue to be covered by
  166  the corporation until the end of the policy term.
  167         d. effective January 1, 2017, a structure that has a
  168  dwelling replacement cost of $700,000 or more, or a single
  169  condominium unit that has a combined dwelling and contents
  170  replacement cost of $700,000 or more, is not eligible for
  171  coverage by the corporation. The corporation must use a method
  172  for valuing the dwelling replacement cost which is approved by
  173  the office Such dwellings insured by the corporation on December
  174  31, 2016, may continue to be covered by the corporation until
  175  the end of the policy term. The requirements of sub
  176  subparagraphs b.-d. do not apply However, in counties where the
  177  office determines there is not a reasonable degree of
  178  competition,. In such counties a personal lines residential
  179  structure that has a dwelling replacement cost of less than $1
  180  million, or a single condominium unit that has a combined
  181  dwelling and contents replacement cost of less than $1 million,
  182  is eligible for coverage by the corporation.
  183         4. It is the intent of the Legislature that policyholders,
  184  applicants, and agents of the corporation receive service and
  185  treatment of the highest possible level but never less than that
  186  generally provided in the voluntary market. It is also intended
  187  that the corporation be held to service standards no less than
  188  those applied to insurers in the voluntary market by the office
  189  with respect to responsiveness, timeliness, customer courtesy,
  190  and overall dealings with policyholders, applicants, or agents
  191  of the corporation.
  192         5.a. Effective January 1, 2009, a personal lines
  193  residential structure that is located in the “wind-borne debris
  194  region,” as defined in s. 1609.2, International Building Code
  195  (2006), and that has an insured value on the structure of
  196  $750,000 or more is not eligible for coverage by the corporation
  197  unless the structure has opening protections as required under
  198  the Florida Building Code for a newly constructed residential
  199  structure in that area. A residential structure is deemed to
  200  comply with this sub-subparagraph if it has shutters or opening
  201  protections on all openings and if such opening protections
  202  complied with the Florida Building Code at the time they were
  203  installed.
  204         b. Any major structure, as defined in s. 161.54(6)(a), that
  205  is newly constructed, or rebuilt, repaired, restored, or
  206  remodeled to increase the total square footage of finished area
  207  by more than 25 percent, pursuant to a permit applied for after
  208  July 1, 2015, is not eligible for coverage by the corporation if
  209  the structure is seaward of the coastal construction control
  210  line established pursuant to s. 161.053 or is within the Coastal
  211  Barrier Resources System as designated by 16 U.S.C. ss. 3501
  212  3510.
  213         6. With respect to wind-only coverage for commercial lines
  214  residential condominiums, effective July 1, 2014, a condominium
  215  shall be deemed ineligible for coverage if 50 percent or more of
  216  the units are rented more than eight times in a calendar year
  217  for a rental agreement period of less than 30 days.
  218         (c) The corporation’s plan of operation:
  219         1. Must provide for adoption of residential property and
  220  casualty insurance policy forms and commercial residential and
  221  nonresidential property insurance forms, which must be approved
  222  by the office before use. The corporation shall adopt the
  223  following policy forms:
  224         a. Standard personal lines policy forms that are
  225  comprehensive multiperil policies providing full coverage of a
  226  residential property equivalent to the coverage provided in the
  227  private insurance market under an HO-3, HO-4, or HO-6 policy.
  228         b. Basic personal lines policy forms that are policies
  229  similar to an HO-8 policy or a dwelling fire policy that provide
  230  coverage meeting the requirements of the secondary mortgage
  231  market, but which is more limited than the coverage under a
  232  standard policy.
  233         c. Commercial lines residential and nonresidential policy
  234  forms that are generally similar to the basic perils of full
  235  coverage obtainable for commercial residential structures and
  236  commercial nonresidential structures in the admitted voluntary
  237  market.
  238         d. Personal lines and commercial lines residential property
  239  insurance forms that cover the peril of wind only. The forms are
  240  applicable only to residential properties located in areas
  241  eligible for coverage under the coastal account referred to in
  242  sub-subparagraph (b)2.a.
  243         e. Commercial lines nonresidential property insurance forms
  244  that cover the peril of wind only. The forms are applicable only
  245  to nonresidential properties located in areas eligible for
  246  coverage under the coastal account referred to in sub
  247  subparagraph (b)2.a.
  248         f. The corporation may adopt variations of the policy forms
  249  listed in sub-subparagraphs a.-e. which contain more restrictive
  250  coverage.
  251         g. Effective January 1, 2013, the corporation shall offer a
  252  basic personal lines policy similar to an HO-8 policy with
  253  dwelling repair based on common construction materials and
  254  methods.
  255         2. Must provide that the corporation adopt a program in
  256  which the corporation and authorized insurers enter into quota
  257  share primary insurance agreements for hurricane coverage, as
  258  defined in s. 627.4025(2)(a), for eligible risks, and adopt
  259  property insurance forms for eligible risks which cover the
  260  peril of wind only.
  261         a. As used in this subsection, the term:
  262         (I) “Quota share primary insurance” means an arrangement in
  263  which the primary hurricane coverage of an eligible risk is
  264  provided in specified percentages by the corporation and an
  265  authorized insurer. The corporation and authorized insurer are
  266  each solely responsible for a specified percentage of hurricane
  267  coverage of an eligible risk as set forth in a quota share
  268  primary insurance agreement between the corporation and an
  269  authorized insurer and the insurance contract. The
  270  responsibility of the corporation or authorized insurer to pay
  271  its specified percentage of hurricane losses of an eligible
  272  risk, as set forth in the agreement, may not be altered by the
  273  inability of the other party to pay its specified percentage of
  274  losses. Eligible risks that are provided hurricane coverage
  275  through a quota share primary insurance arrangement must be
  276  provided policy forms that set forth the obligations of the
  277  corporation and authorized insurer under the arrangement,
  278  clearly specify the percentages of quota share primary insurance
  279  provided by the corporation and authorized insurer, and
  280  conspicuously and clearly state that the authorized insurer and
  281  the corporation may not be held responsible beyond their
  282  specified percentage of coverage of hurricane losses.
  283         (II) “Eligible risks” means personal lines residential and
  284  commercial lines residential risks that meet the underwriting
  285  criteria of the corporation and are located in areas that were
  286  eligible for coverage by the Florida Windstorm Underwriting
  287  Association on January 1, 2002.
  288         b. The corporation may enter into quota share primary
  289  insurance agreements with authorized insurers at corporation
  290  coverage levels of 90 percent and 50 percent.
  291         c. If the corporation determines that additional coverage
  292  levels are necessary to maximize participation in quota share
  293  primary insurance agreements by authorized insurers, the
  294  corporation may establish additional coverage levels. However,
  295  the corporation’s quota share primary insurance coverage level
  296  may not exceed 90 percent.
  297         d. Any quota share primary insurance agreement entered into
  298  between an authorized insurer and the corporation must provide
  299  for a uniform specified percentage of coverage of hurricane
  300  losses, by county or territory as set forth by the corporation
  301  board, for all eligible risks of the authorized insurer covered
  302  under the agreement.
  303         e. Any quota share primary insurance agreement entered into
  304  between an authorized insurer and the corporation is subject to
  305  review and approval by the office. However, such agreement shall
  306  be authorized only as to insurance contracts entered into
  307  between an authorized insurer and an insured who is already
  308  insured by the corporation for wind coverage.
  309         f. For all eligible risks covered under quota share primary
  310  insurance agreements, the exposure and coverage levels for both
  311  the corporation and authorized insurers shall be reported by the
  312  corporation to the Florida Hurricane Catastrophe Fund. For all
  313  policies of eligible risks covered under such agreements, the
  314  corporation and the authorized insurer must maintain complete
  315  and accurate records for the purpose of exposure and loss
  316  reimbursement audits as required by fund rules. The corporation
  317  and the authorized insurer shall each maintain duplicate copies
  318  of policy declaration pages and supporting claims documents.
  319         g. The corporation board shall establish in its plan of
  320  operation standards for quota share agreements which ensure that
  321  there is no discriminatory application among insurers as to the
  322  terms of the agreements, pricing of the agreements, incentive
  323  provisions if any, and consideration paid for servicing policies
  324  or adjusting claims.
  325         h. The quota share primary insurance agreement between the
  326  corporation and an authorized insurer must set forth the
  327  specific terms under which coverage is provided, including, but
  328  not limited to, the sale and servicing of policies issued under
  329  the agreement by the insurance agent of the authorized insurer
  330  producing the business, the reporting of information concerning
  331  eligible risks, the payment of premium to the corporation, and
  332  arrangements for the adjustment and payment of hurricane claims
  333  incurred on eligible risks by the claims adjuster and personnel
  334  of the authorized insurer. Entering into a quota sharing
  335  insurance agreement between the corporation and an authorized
  336  insurer is voluntary and at the discretion of the authorized
  337  insurer.
  338         3. May provide that the corporation may employ or otherwise
  339  contract with individuals or other entities to provide
  340  administrative or professional services that may be appropriate
  341  to effectuate the plan. The corporation may borrow funds by
  342  issuing bonds or by incurring other indebtedness, and shall have
  343  other powers reasonably necessary to effectuate the requirements
  344  of this subsection, including, without limitation, the power to
  345  issue bonds and incur other indebtedness in order to refinance
  346  outstanding bonds or other indebtedness. The corporation may
  347  seek judicial validation of its bonds or other indebtedness
  348  under chapter 75. The corporation may issue bonds or incur other
  349  indebtedness, or have bonds issued on its behalf by a unit of
  350  local government pursuant to subparagraph (q)2. in the absence
  351  of a hurricane or other weather-related event, upon a
  352  determination by the corporation, subject to approval by the
  353  office, that such action would enable it to efficiently meet the
  354  financial obligations of the corporation and that such
  355  financings are reasonably necessary to effectuate the
  356  requirements of this subsection. The corporation may take all
  357  actions needed to facilitate tax-free status for such bonds or
  358  indebtedness, including formation of trusts or other affiliated
  359  entities. The corporation may pledge assessments, projected
  360  recoveries from the Florida Hurricane Catastrophe Fund, other
  361  reinsurance recoverables, policyholder surcharges and other
  362  surcharges, and other funds available to the corporation as
  363  security for bonds or other indebtedness. In recognition of s.
  364  10, Art. I of the State Constitution, prohibiting the impairment
  365  of obligations of contracts, it is the intent of the Legislature
  366  that no action be taken whose purpose is to impair any bond
  367  indenture or financing agreement or any revenue source committed
  368  by contract to such bond or other indebtedness.
  369         4. Must require that the corporation operate subject to the
  370  supervision and approval of a board of governors consisting of
  371  nine individuals who are residents of this state and who are
  372  from different geographical areas of the state, one of whom is
  373  appointed by the Governor and serves solely to advocate on
  374  behalf of the consumer. The appointment of a consumer
  375  representative by the Governor is deemed to be within the scope
  376  of the exemption provided in s. 112.313(7)(b) and is in addition
  377  to the appointments authorized under sub-subparagraph a.
  378         a. The Governor, the Chief Financial Officer, the President
  379  of the Senate, and the Speaker of the House of Representatives
  380  shall each appoint two members of the board. At least one of the
  381  two members appointed by each appointing officer must have
  382  demonstrated expertise in insurance and be deemed to be within
  383  the scope of the exemption provided in s. 112.313(7)(b) at the
  384  time of appointment or reappointment. The Chief Financial
  385  Officer shall designate one of the appointees as chair. On or
  386  after July 1, 2022, an appointee designated as chair must have
  387  demonstrated expertise in insurance or must have at least 1 year
  388  of experience serving on the board of governors. All board
  389  members serve at the pleasure of the appointing officer. All
  390  members of the board are subject to removal at will by the
  391  officers who appointed them. All board members, including the
  392  chair, must be appointed to serve for 3-year terms beginning
  393  annually on a date designated by the plan. However, for the
  394  first term beginning on or after July 1, 2009, each appointing
  395  officer shall appoint one member of the board for a 2-year term
  396  and one member for a 3-year term. A board vacancy shall be
  397  filled for the unexpired term by the appointing officer. The
  398  Chief Financial Officer shall appoint a technical advisory group
  399  to provide information and advice to the board in connection
  400  with the board’s duties under this subsection. The executive
  401  director and senior managers of the corporation shall be engaged
  402  by the board and serve at the pleasure of the board. The
  403  executive director must, at the time of the appointment, have
  404  the experience, character, and qualifications required under s.
  405  624.404(3) to serve as the chief executive officer of an
  406  insurer. Any executive director appointed on or after July 1,
  407  2006, is subject to confirmation by the Senate. The executive
  408  director is responsible for employing other staff as the
  409  corporation may require, subject to review and concurrence by
  410  the board. As used in this sub-subparagraph, the term
  411  “demonstrated expertise in insurance” means at least 10 years’
  412  experience:
  413         (I)In property and casualty insurance as a full-time
  414  employee, officer, or owner of a licensed insurance agency or an
  415  insurer authorized to transact property insurance in this state;
  416  or
  417         (II)As an insurance regulator or as an executive or
  418  officer of an insurance trade association.
  419         b. The board shall create a Market Accountability Advisory
  420  Committee to assist the corporation in developing awareness of
  421  its rates and its customer and agent service levels in
  422  relationship to the voluntary market insurers writing similar
  423  coverage.
  424         (I) The members of the advisory committee consist of the
  425  following 11 persons, one of whom must be elected chair by the
  426  members of the committee: four representatives, one appointed by
  427  the Florida Association of Insurance Agents, one by the Florida
  428  Association of Insurance and Financial Advisors, one by the
  429  Professional Insurance Agents of Florida, and one by the Latin
  430  American Association of Insurance Agencies; three
  431  representatives appointed by the insurers with the three highest
  432  voluntary market share of residential property insurance
  433  business in the state; one representative from the Office of
  434  Insurance Regulation; one consumer appointed by the board who is
  435  insured by the corporation at the time of appointment to the
  436  committee; one representative appointed by the Florida
  437  Association of Realtors; and one representative appointed by the
  438  Florida Bankers Association. All members shall be appointed to
  439  3-year terms and may serve for consecutive terms.
  440         (II) The committee shall report to the corporation at each
  441  board meeting on insurance market issues which may include rates
  442  and rate competition with the voluntary market; service,
  443  including policy issuance, claims processing, and general
  444  responsiveness to policyholders, applicants, and agents; and
  445  matters relating to depopulation.
  446         5. Must provide a procedure for determining the eligibility
  447  of a risk for coverage, as follows:
  448         a. Subject to s. 627.3517, with respect to personal lines
  449  residential risks, if the risk is offered coverage from an
  450  authorized insurer at the insurer’s approved rate under a
  451  standard policy including wind coverage or, if consistent with
  452  the insurer’s underwriting rules as filed with the office, a
  453  basic policy including wind coverage, for a new application to
  454  the corporation for coverage, the risk is not eligible for any
  455  policy issued by the corporation unless the premium for coverage
  456  from the authorized insurer is more than 20 percent greater than
  457  the premium for comparable coverage from the corporation.
  458  Whenever an offer of coverage for a personal lines residential
  459  risk is received for a policyholder of the corporation at
  460  renewal from an authorized insurer, if the offer is equal to or
  461  less than the corporation’s renewal premium for comparable
  462  coverage, the risk is not eligible for coverage with the
  463  corporation unless the premium for coverage from the authorized
  464  insurer is more than 20 percent greater than the renewal premium
  465  for comparable coverage from the corporation. If the risk is not
  466  able to obtain such offer, the risk is eligible for a standard
  467  policy including wind coverage or a basic policy including wind
  468  coverage issued by the corporation; however, if the risk could
  469  not be insured under a standard policy including wind coverage
  470  regardless of market conditions, the risk is eligible for a
  471  basic policy including wind coverage unless rejected under
  472  subparagraph 8. However, a policyholder removed from the
  473  corporation through an assumption agreement remains eligible for
  474  coverage from the corporation until the end of the assumption
  475  period. The corporation shall determine the type of policy to be
  476  provided on the basis of objective standards specified in the
  477  underwriting manual and based on generally accepted underwriting
  478  practices.
  479         (I) If the risk accepts an offer of coverage through the
  480  market assistance plan or through a mechanism established by the
  481  corporation other than a plan established by s. 627.3518, before
  482  a policy is issued to the risk by the corporation or during the
  483  first 30 days of coverage by the corporation, and the producing
  484  agent who submitted the application to the plan or to the
  485  corporation is not currently appointed by the insurer, the
  486  insurer shall:
  487         (A) Pay to the producing agent of record of the policy for
  488  the first year, an amount that is the greater of the insurer’s
  489  usual and customary commission for the type of policy written or
  490  a fee equal to the usual and customary commission of the
  491  corporation; or
  492         (B) Offer to allow the producing agent of record of the
  493  policy to continue servicing the policy for at least 1 year and
  494  offer to pay the agent the greater of the insurer’s or the
  495  corporation’s usual and customary commission for the type of
  496  policy written.
  497  
  498  If the producing agent is unwilling or unable to accept
  499  appointment, the new insurer shall pay the agent in accordance
  500  with sub-sub-sub-subparagraph (A).
  501         (II) If the corporation enters into a contractual agreement
  502  for a take-out plan, the producing agent of record of the
  503  corporation policy is entitled to retain any unearned commission
  504  on the policy, and the insurer shall:
  505         (A) Pay to the producing agent of record, for the first
  506  year, an amount that is the greater of the insurer’s usual and
  507  customary commission for the type of policy written or a fee
  508  equal to the usual and customary commission of the corporation;
  509  or
  510         (B) Offer to allow the producing agent of record to
  511  continue servicing the policy for at least 1 year and offer to
  512  pay the agent the greater of the insurer’s or the corporation’s
  513  usual and customary commission for the type of policy written.
  514  
  515  If the producing agent is unwilling or unable to accept
  516  appointment, the new insurer shall pay the agent in accordance
  517  with sub-sub-sub-subparagraph (A).
  518         b. With respect to commercial lines residential risks, for
  519  a new application to the corporation for coverage, if the risk
  520  is offered coverage under a policy including wind coverage from
  521  an authorized insurer at its approved rate, the risk is not
  522  eligible for a policy issued by the corporation unless the
  523  premium for coverage from the authorized insurer is more than 20
  524  15 percent greater than the premium for comparable coverage from
  525  the corporation. Whenever an offer of coverage for a commercial
  526  lines residential risk is received for a policyholder of the
  527  corporation at renewal from an authorized insurer, if the offer
  528  is equal to or less than the corporation’s renewal premium for
  529  comparable coverage, the risk is not eligible for coverage with
  530  the corporation unless the premium for coverage from the
  531  authorized insurer is more than 20 percent greater than the
  532  renewal premium for comparable coverage from the corporation. If
  533  the risk is not able to obtain any such offer, the risk is
  534  eligible for a policy including wind coverage issued by the
  535  corporation. However, a policyholder removed from the
  536  corporation through an assumption agreement remains eligible for
  537  coverage from the corporation until the end of the assumption
  538  period.
  539         (I) If the risk accepts an offer of coverage through the
  540  market assistance plan or through a mechanism established by the
  541  corporation other than a plan established by s. 627.3518, before
  542  a policy is issued to the risk by the corporation or during the
  543  first 30 days of coverage by the corporation, and the producing
  544  agent who submitted the application to the plan or the
  545  corporation is not currently appointed by the insurer, the
  546  insurer shall:
  547         (A) Pay to the producing agent of record of the policy, for
  548  the first year, an amount that is the greater of the insurer’s
  549  usual and customary commission for the type of policy written or
  550  a fee equal to the usual and customary commission of the
  551  corporation; or
  552         (B) Offer to allow the producing agent of record of the
  553  policy to continue servicing the policy for at least 1 year and
  554  offer to pay the agent the greater of the insurer’s or the
  555  corporation’s usual and customary commission for the type of
  556  policy written.
  557  
  558  If the producing agent is unwilling or unable to accept
  559  appointment, the new insurer shall pay the agent in accordance
  560  with sub-sub-sub-subparagraph (A).
  561         (II) If the corporation enters into a contractual agreement
  562  for a take-out plan, the producing agent of record of the
  563  corporation policy is entitled to retain any unearned commission
  564  on the policy, and the insurer shall:
  565         (A) Pay to the producing agent of record, for the first
  566  year, an amount that is the greater of the insurer’s usual and
  567  customary commission for the type of policy written or a fee
  568  equal to the usual and customary commission of the corporation;
  569  or
  570         (B) Offer to allow the producing agent of record to
  571  continue servicing the policy for at least 1 year and offer to
  572  pay the agent the greater of the insurer’s or the corporation’s
  573  usual and customary commission for the type of policy written.
  574  
  575  If the producing agent is unwilling or unable to accept
  576  appointment, the new insurer shall pay the agent in accordance
  577  with sub-sub-sub-subparagraph (A).
  578         c. For purposes of determining comparable coverage under
  579  sub-subparagraphs a. and b., the comparison must be based on
  580  those forms and coverages that are reasonably comparable. The
  581  corporation may rely on a determination of comparable coverage
  582  and premium made by the producing agent who submits the
  583  application to the corporation, made in the agent’s capacity as
  584  the corporation’s agent. A comparison may be made solely of the
  585  premium with respect to the main building or structure only on
  586  the following basis: the same coverage A or other building
  587  limits; the same percentage hurricane deductible that applies on
  588  an annual basis or that applies to each hurricane for commercial
  589  residential property; the same percentage of ordinance and law
  590  coverage, if the same limit is offered by both the corporation
  591  and the authorized insurer; the same mitigation credits, to the
  592  extent the same types of credits are offered both by the
  593  corporation and the authorized insurer; the same method for loss
  594  payment, such as replacement cost or actual cash value, if the
  595  same method is offered both by the corporation and the
  596  authorized insurer in accordance with underwriting rules; and
  597  any other form or coverage that is reasonably comparable as
  598  determined by the board. If an application is submitted to the
  599  corporation for wind-only coverage in the coastal account, the
  600  premium for the corporation’s wind-only policy plus the premium
  601  for the ex-wind policy that is offered by an authorized insurer
  602  to the applicant must be compared to the premium for multiperil
  603  coverage offered by an authorized insurer, subject to the
  604  standards for comparison specified in this subparagraph. If the
  605  corporation or the applicant requests from the authorized
  606  insurer a breakdown of the premium of the offer by types of
  607  coverage so that a comparison may be made by the corporation or
  608  its agent and the authorized insurer refuses or is unable to
  609  provide such information, the corporation may treat the offer as
  610  not being an offer of coverage from an authorized insurer at the
  611  insurer’s approved rate.
  612         6. Must include rules for classifications of risks and
  613  rates.
  614         7. Must provide that if premium and investment income for
  615  an account attributable to a particular calendar year are in
  616  excess of projected losses and expenses for the account
  617  attributable to that year, such excess shall be held in surplus
  618  in the account. Such surplus must be available to defray
  619  deficits in that account as to future years and used for that
  620  purpose before assessing assessable insurers and assessable
  621  insureds as to any calendar year.
  622         8. Must provide objective criteria and procedures to be
  623  uniformly applied to all applicants in determining whether an
  624  individual risk is so hazardous as to be uninsurable. In making
  625  this determination and in establishing the criteria and
  626  procedures, the following must be considered:
  627         a. Whether the likelihood of a loss for the individual risk
  628  is substantially higher than for other risks of the same class;
  629  and
  630         b. Whether the uncertainty associated with the individual
  631  risk is such that an appropriate premium cannot be determined.
  632  
  633  The acceptance or rejection of a risk by the corporation shall
  634  be construed as the private placement of insurance, and the
  635  provisions of chapter 120 do not apply.
  636         9. Must provide that the corporation make its best efforts
  637  to procure catastrophe reinsurance at reasonable rates, to cover
  638  its projected 100-year probable maximum loss as determined by
  639  the board of governors. If catastrophe reinsurance is not
  640  available at reasonable rates, the corporation need not purchase
  641  it, but the corporation shall include the costs of reinsurance
  642  to cover its projected 100-year probable maximum loss in its
  643  rate calculations even if it does not purchase catastrophe
  644  reinsurance.
  645         10. The policies issued by the corporation must provide
  646  that if the corporation or the market assistance plan obtains an
  647  offer from an authorized insurer to cover the risk at its
  648  approved rates, the risk is no longer eligible for renewal
  649  through the corporation, except as otherwise provided in this
  650  subsection.
  651         11. Corporation policies and applications must include a
  652  notice that the corporation policy could, under this section, be
  653  replaced with a policy issued by an authorized insurer which
  654  does not provide coverage identical to the coverage provided by
  655  the corporation. The notice must also specify that acceptance of
  656  corporation coverage creates a conclusive presumption that the
  657  applicant or policyholder is aware of this potential.
  658         12. May establish, subject to approval by the office,
  659  different eligibility requirements and operational procedures
  660  for any line or type of coverage for any specified county or
  661  area if the board determines that such changes are justified due
  662  to the voluntary market being sufficiently stable and
  663  competitive in such area or for such line or type of coverage
  664  and that consumers who, in good faith, are unable to obtain
  665  insurance through the voluntary market through ordinary methods
  666  continue to have access to coverage from the corporation. If
  667  coverage is sought in connection with a real property transfer,
  668  the requirements and procedures may not provide an effective
  669  date of coverage later than the date of the closing of the
  670  transfer as established by the transferor, the transferee, and,
  671  if applicable, the lender.
  672         13. Must provide that, with respect to the coastal account,
  673  any assessable insurer with a surplus as to policyholders of $25
  674  million or less writing 25 percent or more of its total
  675  countrywide property insurance premiums in this state may
  676  petition the office, within the first 90 days of each calendar
  677  year, to qualify as a limited apportionment company. A regular
  678  assessment levied by the corporation on a limited apportionment
  679  company for a deficit incurred by the corporation for the
  680  coastal account may be paid to the corporation on a monthly
  681  basis as the assessments are collected by the limited
  682  apportionment company from its insureds, but a limited
  683  apportionment company must begin collecting the regular
  684  assessments not later than 90 days after the regular assessments
  685  are levied by the corporation, and the regular assessments must
  686  be paid in full within 15 months after being levied by the
  687  corporation. A limited apportionment company shall collect from
  688  its policyholders any emergency assessment imposed under sub
  689  subparagraph (b)3.d. The plan must provide that, if the office
  690  determines that any regular assessment will result in an
  691  impairment of the surplus of a limited apportionment company,
  692  the office may direct that all or part of such assessment be
  693  deferred as provided in subparagraph (q)4. However, an emergency
  694  assessment to be collected from policyholders under sub
  695  subparagraph (b)3.d. may not be limited or deferred.
  696         14. Must provide that the corporation appoint as its
  697  licensed agents only those agents who throughout such
  698  appointments also hold an appointment as defined in s. 626.015
  699  by an insurer who is authorized to write and is actually writing
  700  or renewing personal lines residential property coverage,
  701  commercial residential property coverage, or commercial
  702  nonresidential property coverage within the state.
  703         15. Must provide a premium payment plan option to its
  704  policyholders which, at a minimum, allows for quarterly and
  705  semiannual payment of premiums. A monthly payment plan may, but
  706  is not required to, be offered.
  707         16. Must limit coverage on mobile homes or manufactured
  708  homes built before 1994 to actual cash value of the dwelling
  709  rather than replacement costs of the dwelling.
  710         17. Must provide coverage for manufactured or mobile home
  711  dwellings. Such coverage must also include the following
  712  attached structures:
  713         a. Screened enclosures that are aluminum framed or screened
  714  enclosures that are not covered by the same or substantially the
  715  same materials as those of the primary dwelling;
  716         b. Carports that are aluminum or carports that are not
  717  covered by the same or substantially the same materials as those
  718  of the primary dwelling; and
  719         c. Patios that have a roof covering that is constructed of
  720  materials that are not the same or substantially the same
  721  materials as those of the primary dwelling.
  722  
  723  The corporation shall make available a policy for mobile homes
  724  or manufactured homes for a minimum insured value of at least
  725  $3,000.
  726         18. May provide such limits of coverage as the board
  727  determines, consistent with the requirements of this subsection.
  728         19. May require commercial property to meet specified
  729  hurricane mitigation construction features as a condition of
  730  eligibility for coverage.
  731         20. Must provide that new or renewal policies issued by the
  732  corporation on or after January 1, 2012, which cover sinkhole
  733  loss do not include coverage for any loss to appurtenant
  734  structures, driveways, sidewalks, decks, or patios that are
  735  directly or indirectly caused by sinkhole activity. The
  736  corporation shall exclude such coverage using a notice of
  737  coverage change, which may be included with the policy renewal,
  738  and not by issuance of a notice of nonrenewal of the excluded
  739  coverage upon renewal of the current policy.
  740         21. As of January 1, 2012, must require that the agent
  741  obtain from an applicant for coverage from the corporation an
  742  acknowledgment signed by the applicant, which includes, at a
  743  minimum, the following statement:
  744  
  745                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  746                      AND ASSESSMENT LIABILITY:                    
  747  
  748         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  749  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  750  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  751  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  752  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  753  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  754  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  755  LEGISLATURE.
  756         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
  757  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
  758  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
  759  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
  760  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
  761  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
  762  ARE REGULATED AND APPROVED BY THE STATE.
  763         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  764  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  765  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  766  FLORIDA LEGISLATURE.
  767         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  768  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  769  STATE OF FLORIDA.
  770  
  771         a. The corporation shall maintain, in electronic format or
  772  otherwise, a copy of the applicant’s signed acknowledgment and
  773  provide a copy of the statement to the policyholder as part of
  774  the first renewal after the effective date of this subparagraph.
  775         b. The signed acknowledgment form creates a conclusive
  776  presumption that the policyholder understood and accepted his or
  777  her potential surcharge and assessment liability as a
  778  policyholder of the corporation.
  779         (n)1. Rates for coverage provided by the corporation must
  780  be actuarially sound and subject to s. 627.062, except as
  781  otherwise provided in this paragraph. The corporation shall file
  782  its recommended rates with the office at least annually. The
  783  corporation shall provide any additional information regarding
  784  the rates which the office requires. The office shall consider
  785  the recommendations of the board and issue a final order
  786  establishing the rates for the corporation within 45 days after
  787  the recommended rates are filed. The corporation may not pursue
  788  an administrative challenge or judicial review of the final
  789  order of the office.
  790         2. In addition to the rates otherwise determined pursuant
  791  to this paragraph, the corporation shall impose and collect an
  792  amount equal to the premium tax provided in s. 624.509 to
  793  augment the financial resources of the corporation.
  794         3. After the public hurricane loss-projection model under
  795  s. 627.06281 has been found to be accurate and reliable by the
  796  Florida Commission on Hurricane Loss Projection Methodology, the
  797  model shall be considered when establishing the windstorm
  798  portion of the corporation’s rates. The corporation may use the
  799  public model results in combination with the results of private
  800  models to calculate rates for the windstorm portion of the
  801  corporation’s rates. This subparagraph does not require or allow
  802  the corporation to adopt rates lower than the rates otherwise
  803  required or allowed by this paragraph.
  804         4. The corporation must make a recommended actuarially
  805  sound rate filing for each personal and commercial line of
  806  business it writes.
  807         5. Notwithstanding the board’s recommended rates and the
  808  office’s final order regarding the corporation’s filed rates
  809  under subparagraph 1., the corporation shall annually implement
  810  a rate increase which, except for sinkhole coverage, does not
  811  exceed the following for any single personal lines residential
  812  policy issued by the corporation that covers an insured’s
  813  primary residence, and any single commercial lines residential
  814  policy issued by the corporation, excluding coverage changes and
  815  surcharges:
  816         a. Eleven percent for 2022.
  817         b. Twelve percent for 2023.
  818         c. Thirteen percent for 2024.
  819         d. Fourteen percent for 2025.
  820         e. Fifteen percent for 2026 and all subsequent years.
  821         6. The corporation may also implement an increase to
  822  reflect the effect on the corporation of the cash buildup factor
  823  pursuant to s. 215.555(5)(b).
  824         7. The corporation’s implementation of rates as prescribed
  825  in subparagraph 5. shall cease for any line of business written
  826  by the corporation upon the corporation’s implementation of
  827  actuarially sound rates. Thereafter, the corporation shall
  828  annually make a recommended actuarially sound rate filing for
  829  each commercial and personal line of business the corporation
  830  writes.
  831         8.As used in this paragraph, “primary residence” means the
  832  dwelling that the insured has represented as their permanent
  833  home on the insurance application or otherwise to the
  834  corporation.
  835         (ii) The corporation shall revise the programs adopted
  836  pursuant to sub-subparagraph (q)3.a. for personal lines
  837  residential policies to maximize policyholder options and
  838  encourage increased participation by insurers and agents. After
  839  January 1, 2017, a policy may not be taken out of the
  840  corporation unless the provisions of this paragraph are met.
  841         1. The corporation must publish a periodic schedule of
  842  cycles during which an insurer may identify, and notify the
  843  corporation of, policies that the insurer is requesting to take
  844  out. A request must include a description of the coverage
  845  offered and an estimated premium and must be submitted to the
  846  corporation in a form and manner prescribed by the corporation.
  847         2. The corporation must maintain and make available to the
  848  agent of record a consolidated list of all insurers requesting
  849  to take out a policy. The list must include a description of the
  850  coverage offered and the estimated premium for each take-out
  851  request.
  852         3. The corporation must provide written notice to the
  853  policyholder and the agent of record regarding all insurers
  854  requesting to take out the policy, which notice must inform that
  855  a take-out offer that is not more than 20 percent greater than
  856  the corporation’s premium renders the risk ineligible for
  857  coverage from and regarding the policyholder’s option to accept
  858  a take-out offer or to reject all take-out offers and to remain
  859  with the corporation. The notice must be in a format prescribed
  860  by the corporation and include, for each take-out offer:
  861         a. The amount of the estimated premium;
  862         b. A description of the coverage; and
  863         c. A comparison of the estimated premium and coverage
  864  offered by the insurer to the estimated premium and coverage
  865  provided by the corporation.
  866         Section 3. Section 627.3518, Florida Statutes, is amended
  867  to read:
  868         627.3518 Citizens Property Insurance Corporation
  869  policyholder eligibility clearinghouse program.—The purpose of
  870  this section is to provide a framework for the corporation to
  871  implement a clearinghouse program by January 1, 2014.
  872         (1) As used in this section, the term:
  873         (a) “Corporation” means Citizens Property Insurance
  874  Corporation.
  875         (b) “Exclusive agent” means any licensed insurance agent
  876  that has, by contract, agreed to act exclusively for one company
  877  or group of affiliated insurance companies and is disallowed by
  878  the provisions of that contract to directly write for any other
  879  unaffiliated insurer absent express consent from the company or
  880  group of affiliated insurance companies.
  881         (c) “Independent agent” means any licensed insurance agent
  882  not described in paragraph (b).
  883         (d) “Program” means the clearinghouse created under this
  884  section.
  885         (2) In order to confirm eligibility with the corporation
  886  and to enhance access of new applicants for coverage and
  887  existing policyholders of the corporation to offers of coverage
  888  from authorized insurers, the corporation shall establish a
  889  program for personal residential risks in order to facilitate
  890  the diversion of ineligible applicants and existing
  891  policyholders from the corporation into the voluntary insurance
  892  market. The corporation shall also develop appropriate
  893  procedures for facilitating the diversion of ineligible
  894  applicants and existing policyholders for commercial residential
  895  coverage into the private insurance market and shall report such
  896  procedures to the President of the Senate and the Speaker of the
  897  House of Representatives by January 1, 2014.
  898         (3) The corporation board shall establish the clearinghouse
  899  program as an organizational unit within the corporation. The
  900  program shall have all the rights and responsibilities in
  901  carrying out its duties as a licensed general lines agent, but
  902  may not be required to employ or engage a licensed general lines
  903  agent or to maintain an insurance agency license to carry out
  904  its activities in the solicitation and placement of insurance
  905  coverage. In establishing the program, the corporation may:
  906         (a) Require all new applications, and all policies due for
  907  renewal, to be submitted for coverage to the program in order to
  908  facilitate obtaining an offer of coverage from an authorized
  909  insurer before binding or renewing coverage by the corporation.
  910         (b) Employ or otherwise contract with individuals or other
  911  entities for appropriate administrative or professional services
  912  to effectuate the plan within the corporation in accordance with
  913  the applicable purchasing requirements under s. 627.351.
  914         (c) Enter into contracts with any authorized insurer to
  915  participate in the program and accept an appointment by such
  916  insurer.
  917         (d) Provide funds to operate the program. Insurers and
  918  agents participating in the program are not required to pay a
  919  fee to offset or partially offset the cost of the program or use
  920  the program for renewal of policies initially written through
  921  the clearinghouse.
  922         (e) Develop an enhanced application that includes
  923  information to assist private insurers in determining whether to
  924  make an offer of coverage through the program.
  925         (f) For personal lines residential risks, require, before
  926  approving all new applications for coverage by the corporation,
  927  that every application be subject to a period of 2 business days
  928  when any insurer participating in the program may select the
  929  application for coverage. The insurer may issue a binder on any
  930  policy selected for coverage for a period of at least 30 days
  931  but not more than 60 days.
  932         (4) Any authorized insurer may participate in the program;
  933  however, participation is not mandatory for any insurer.
  934  Insurers making offers of coverage to new applicants or renewal
  935  policyholders through the program:
  936         (a) May not be required to individually appoint any agent
  937  whose customer is underwritten and bound through the program.
  938  Notwithstanding s. 626.112, insurers are not required to appoint
  939  any agent on a policy underwritten through the program for as
  940  long as that policy remains with the insurer. Insurers may, at
  941  their election, appoint any agent whose customer is initially
  942  underwritten and bound through the program. In the event an
  943  insurer accepts a policy from an agent who is not appointed
  944  pursuant to this paragraph, and thereafter elects to accept a
  945  policy from such agent, the provisions of s. 626.112 requiring
  946  appointment apply to the agent.
  947         (b) Must enter into a limited agency agreement with each
  948  agent that is not appointed in accordance with paragraph (a) and
  949  whose customer is underwritten and bound through the program.
  950         (c) Must enter into its standard agency agreement with each
  951  agent whose customer is underwritten and bound through the
  952  program when that agent has been appointed by the insurer
  953  pursuant to s. 626.112.
  954         (d) Must comply with s. 627.4133(2).
  955         (e) May participate through their single-designated
  956  managing general agent or broker; however, the provisions of
  957  paragraph (6)(a) regarding ownership, control, and use of the
  958  expirations continue to apply.
  959         (f) Must pay to the producing agent a commission equal to
  960  that paid by the corporation or the usual and customary
  961  commission paid by the insurer for that line of business,
  962  whichever is greater.
  963         (5) Notwithstanding s. 627.3517, any applicant for new
  964  coverage from the corporation is not eligible for coverage from
  965  the corporation if provided an offer of coverage from an
  966  authorized insurer through the program at a premium that is at
  967  or below the eligibility threshold established in s.
  968  627.351(6)(c)5.a. Whenever an offer of coverage for a personal
  969  lines risk is received for a policyholder of the corporation at
  970  renewal from an authorized insurer through the program, if the
  971  offer is at or below the eligibility threshold established in s.
  972  627.351(6)(c)5.a. equal to or less than the corporation’s
  973  renewal premium for comparable coverage, the risk is not
  974  eligible for coverage with the corporation. In the event an
  975  offer of coverage for a new applicant is received from an
  976  authorized insurer through the program, and the premium offered
  977  exceeds the eligibility threshold contained in s.
  978  627.351(6)(c)5.a., the applicant or insured may elect to accept
  979  such coverage, or may elect to accept or continue coverage with
  980  the corporation. In the event an offer of coverage for a
  981  personal lines risk is received from an authorized insurer at
  982  renewal through the program, and the premium offered is at or
  983  below the eligibility threshold established in s.
  984  627.351(6)(c)5.a. more than the corporation’s renewal premium
  985  for comparable coverage, the insured is not eligible to may
  986  elect to accept such coverage, or may elect to accept or
  987  continue coverage with the corporation. Section
  988  627.351(6)(c)5.a.(I) does not apply to an offer of coverage from
  989  an authorized insurer obtained through the program. An applicant
  990  for coverage from the corporation who was declared ineligible
  991  for coverage at renewal by the corporation in the previous 36
  992  months due to an offer of coverage pursuant to this subsection
  993  shall be considered a renewal under this section if the
  994  corporation determines that the authorized insurer making the
  995  offer of coverage pursuant to this subsection continues to
  996  insure the applicant and increased the rate on the policy in
  997  excess of the increase allowed for the corporation under s.
  998  627.351(6)(n)5.
  999         (6) Independent insurance agents submitting new
 1000  applications for coverage or that are the agent of record on a
 1001  renewal policy submitted to the program:
 1002         (a) Are granted and must maintain ownership and the
 1003  exclusive use of expirations, records, or other written or
 1004  electronic information directly related to such applications or
 1005  renewals written through the corporation or through an insurer
 1006  participating in the program, notwithstanding s.
 1007  627.351(6)(c)5.a.(I)(B) and (II)(B). Such ownership is granted
 1008  for as long as the insured remains with the agency or until sold
 1009  or surrendered in writing by the agent. Contracts with the
 1010  corporation or required by the corporation must not amend,
 1011  modify, interfere with, or limit such rights of ownership. Such
 1012  expirations, records, or other written or electronic information
 1013  may be used to review an application, issue a policy, or for any
 1014  other purpose necessary for placing such business through the
 1015  program.
 1016         (b) May not be required to be appointed by any insurer
 1017  participating in the program for policies written solely through
 1018  the program, notwithstanding the provisions of s. 626.112.
 1019         (c) May accept an appointment from any insurer
 1020  participating in the program.
 1021         (d) May enter into either a standard or limited agency
 1022  agreement with the insurer, at the insurer’s option.
 1023  
 1024  Applicants ineligible for coverage in accordance with subsection
 1025  (5) remain ineligible if their independent agent is unwilling or
 1026  unable to enter into a standard or limited agency agreement with
 1027  an insurer participating in the program.
 1028         (7) Exclusive agents submitting new applications for
 1029  coverage or that are the agent of record on a renewal policy
 1030  submitted to the program:
 1031         (a) Must maintain ownership and the exclusive use of
 1032  expirations, records, or other written or electronic information
 1033  directly related to such applications or renewals written
 1034  through the corporation or through an insurer participating in
 1035  the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
 1036  (II)(B). Contracts with the corporation or required by the
 1037  corporation must not amend, modify, interfere with, or limit
 1038  such rights of ownership. Such expirations, records, or other
 1039  written or electronic information may be used to review an
 1040  application, issue a policy, or for any other purpose necessary
 1041  for placing such business through the program.
 1042         (b) May not be required to be appointed by any insurer
 1043  participating in the program for policies written solely through
 1044  the program, notwithstanding the provisions of s. 626.112.
 1045         (c) Must only facilitate the placement of an offer of
 1046  coverage from an insurer whose limited servicing agreement is
 1047  approved by that exclusive agent’s exclusive insurer.
 1048         (d) May enter into a limited servicing agreement with the
 1049  insurer making an offer of coverage, and only after the
 1050  exclusive agent’s insurer has approved the limited servicing
 1051  agreement terms. The exclusive agent’s insurer must approve a
 1052  limited service agreement for the program for any insurer for
 1053  which it has approved a service agreement for other purposes.
 1054  
 1055  Applicants ineligible for coverage in accordance with subsection
 1056  (5) remain ineligible if their exclusive agent is unwilling or
 1057  unable to enter into a standard or limited agency agreement with
 1058  an insurer making an offer of coverage to that applicant.
 1059         (8) Submission of an application for coverage by the
 1060  corporation to the program does not constitute the binding of
 1061  coverage by the corporation, and failure of the program to
 1062  obtain an offer of coverage by an insurer may not be considered
 1063  acceptance of coverage of the risk by the corporation.
 1064         (9) The 45-day notice of nonrenewal requirement set forth
 1065  in s. 627.4133(2)(b)5. applies when a policy is nonrenewed by
 1066  the corporation because the risk has received an offer of
 1067  coverage pursuant to this section which renders the risk
 1068  ineligible for coverage by the corporation.
 1069         (10) The program may not include commercial nonresidential
 1070  policies.
 1071         (11) Proprietary business information provided to the
 1072  corporation’s clearinghouse by insurers with respect to
 1073  identifying and selecting risks for an offer of coverage is
 1074  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1075  of the State Constitution.
 1076         (a) As used in this subsection, the term “proprietary
 1077  business information” means information, regardless of form or
 1078  characteristics, which is owned or controlled by an insurer and:
 1079         1. Is identified by the insurer as proprietary business
 1080  information and is intended to be and is treated by the insurer
 1081  as private in that the disclosure of the information would cause
 1082  harm to the insurer, an individual, or the company’s business
 1083  operations and has not been disclosed unless disclosed pursuant
 1084  to a statutory requirement, an order of a court or
 1085  administrative body, or a private agreement that provides that
 1086  the information will not be released to the public;
 1087         2. Is not otherwise readily ascertainable or publicly
 1088  available by proper means by other persons from another source
 1089  in the same configuration as provided to the clearinghouse; and
 1090         3. Includes:
 1091         a. Trade secrets, as defined in s. 688.002.
 1092         b. Information relating to competitive interests, the
 1093  disclosure of which would impair the competitive business of the
 1094  provider of the information.
 1095  
 1096  Proprietary business information may be found in underwriting
 1097  criteria or instructions which are used to identify and select
 1098  risks through the program for an offer of coverage and are
 1099  shared with the clearinghouse to facilitate the shopping of
 1100  risks with the insurer.
 1101         (b) The clearinghouse may disclose confidential and exempt
 1102  proprietary business information:
 1103         1. If the insurer to which it pertains gives prior written
 1104  consent;
 1105         2. Pursuant to a court order; or
 1106         3. To another state agency in this or another state or to a
 1107  federal agency if the recipient agrees in writing to maintain
 1108  the confidential and exempt status of the document, material, or
 1109  other information and has verified in writing its legal
 1110  authority to maintain such confidentiality.
 1111         Section 4. Paragraphs (f), (g), and (h) are added to
 1112  subsection (5) of section 627.7011, Florida Statutes, to read:
 1113         627.7011 Homeowners’ policies; offer of replacement cost
 1114  coverage and law and ordinance coverage.—
 1115         (5) This section does not:
 1116         (f)1.Prohibit an insurer, notwithstanding paragraph
 1117  (1)(a), from providing limited coverage on a personal lines
 1118  residential property insurance policy by including a roof
 1119  surface type reimbursement schedule. If included in the policy,
 1120  a roof surface type reimbursement schedule must do all of the
 1121  following:
 1122         a.Provide reimbursement for repair, replacement, and
 1123  installation based on the annual age of a roof surface type.
 1124         b.Provide full replacement coverage for:
 1125         (I)Any roof surface type less than 10 years old;
 1126         (II)A total loss to a primary structure in accordance with
 1127  the valued policy law under s. 627.702 which is caused by a
 1128  covered peril; and
 1129         (III)A loss to the roof caused by a storm declared to be a
 1130  hurricane by the National Hurricane Center.
 1131         c.Use annual depreciation amounts that:
 1132         (I)Are actuarially justified and meet the requirements of
 1133  s. 627.062; and
 1134         (II)Do not exceed 4 percent unless actuarially justified.
 1135         d.Be approved by the office.
 1136         e.Include at the top of the roof surface type schedule, in
 1137  bold type no smaller than 12 points, the following statement:
 1138  
 1139         “PLEASE DISCUSS WITH YOUR INSURANCE AGENT. YOU ARE
 1140         ELECTING TO PURCHASE COVERAGE ON YOUR ROOF ACCORDING
 1141         TO A ROOF SURFACE TYPE REIMBURSEMENT SCHEDULE. IF YOUR
 1142         ROOF IS DAMAGED BY A COVERED PERIL, YOU WILL RECEIVE A
 1143         PAYMENT AMOUNT FOR YOUR ROOF ACCORDING TO THE SCHEDULE
 1144         BELOW. BE ADVISED THAT THIS MAY RESULT IN YOU HAVING
 1145         TO PAY SIGNIFICANT COSTS TO REPAIR OR REPLACE YOUR
 1146         ROOF. PLEASE DISCUSS WITH YOUR INSURANCE AGENT.”
 1147  
 1148         f.Be provided to the insured with the policy documents at
 1149  issuance and renewal.
 1150         2.A residential property insurance policy may convert to a
 1151  roof surface type reimbursement schedule at renewal if the roof
 1152  is at least 10 years old and the policyholder:
 1153         a.Receives a Notice of Change in Policy Terms pursuant to
 1154  s. 627.43141; and
 1155         b.Accepts the written notice of renewal premium required
 1156  under s. 627.4133, by paying the premium.
 1157         (g)Prohibit an insurer, notwithstanding paragraph (1)(a),
 1158  from providing coverage on a personal lines residential property
 1159  insurance policy that limits coverage for a roof to a stated
 1160  value sublimit of coverage. If included in a policy, a stated
 1161  value sublimit of coverage must do all of the following:
 1162         1.Provide full replacement coverage for:
 1163         a.Any roof surface type less than 10 years old;
 1164         b.A total loss to a primary structure in accordance with
 1165  the valued policy law under s. 627.702 which is caused by a
 1166  covered peril; and
 1167         c.A loss to the roof caused by a storm declared to be a
 1168  hurricane by the National Hurricane Center.
 1169         2.Include in the policy documents at issuance and at
 1170  renewal, in bold type no smaller than 12 points, the following
 1171  statement:
 1172  
 1173         “PLEASE DISCUSS WITH YOUR INSURANCE AGENT. YOU ARE
 1174         ELECTING TO PURCHASE A STATED VALUE SUBLIMIT OF
 1175         COVERAGE ON YOUR ROOF. BE ADVISED THAT THIS MAY RESULT
 1176         IN YOU HAVING TO PAY SIGNIFICANT COSTS TO REPAIR OR
 1177         REPLACE YOUR ROOF. PLEASE DISCUSS WITH YOUR INSURANCE
 1178         AGENT.”
 1179  
 1180         (h)Prohibit an insurer that provides roof reimbursement on
 1181  the basis of a roof surface type reimbursement schedule or that
 1182  limits coverage for a roof to a stated value sublimit of
 1183  coverage from also offering roof reimbursement on the basis of
 1184  replacement costs.
 1185         Section 5. For the purpose of incorporating the amendments
 1186  made by this act to section 627.351, Florida Statutes, in a
 1187  reference thereto, subsection (10) of section 624.424, Florida
 1188  Statutes, is reenacted to read:
 1189         624.424 Annual statement and other information.—
 1190         (10) Each insurer or insurer group doing business in this
 1191  state shall file on a quarterly basis in conjunction with
 1192  financial reports required by paragraph (1)(a) a supplemental
 1193  report on an individual and group basis on a form prescribed by
 1194  the commission with information on personal lines and commercial
 1195  lines residential property insurance policies in this state. The
 1196  supplemental report shall include separate information for
 1197  personal lines property policies and for commercial lines
 1198  property policies and totals for each item specified, including
 1199  premiums written for each of the property lines of business as
 1200  described in ss. 215.555(2)(c) and 627.351(6)(a). The report
 1201  shall include the following information for each county on a
 1202  monthly basis:
 1203         (a) Total number of policies in force at the end of each
 1204  month.
 1205         (b) Total number of policies canceled.
 1206         (c) Total number of policies nonrenewed.
 1207         (d) Number of policies canceled due to hurricane risk.
 1208         (e) Number of policies nonrenewed due to hurricane risk.
 1209         (f) Number of new policies written.
 1210         (g) Total dollar value of structure exposure under policies
 1211  that include wind coverage.
 1212         (h) Number of policies that exclude wind coverage.
 1213         Section 6. For the purpose of incorporating the amendments
 1214  made by this act to section 627.351, Florida Statutes, in a
 1215  reference thereto, section 627.3517, Florida Statutes, is
 1216  reenacted to read:
 1217         627.3517 Consumer choice.—No provision of s. 627.351, s.
 1218  627.3511, or s. 627.3515 shall be construed to impair the right
 1219  of any insurance risk apportionment plan policyholder, upon
 1220  receipt of any keepout or take-out offer, to retain his or her
 1221  current agent, so long as that agent is duly licensed and
 1222  appointed by the insurance risk apportionment plan or otherwise
 1223  authorized to place business with the insurance risk
 1224  apportionment plan. This right shall not be canceled, suspended,
 1225  impeded, abridged, or otherwise compromised by any rule, plan of
 1226  operation, or depopulation plan, whether through keepout, take
 1227  out, midterm assumption, or any other means, of any insurance
 1228  risk apportionment plan or depopulation plan, including, but not
 1229  limited to, those described in s. 627.351, s. 627.3511, or s.
 1230  627.3515. The commission shall adopt any rules necessary to
 1231  cause any insurance risk apportionment plan or market assistance
 1232  plan under such sections to demonstrate that the operations of
 1233  the plan do not interfere with, promote, or allow interference
 1234  with the rights created under this section. If the
 1235  policyholder’s current agent is unable or unwilling to be
 1236  appointed with the insurer making the take-out or keepout offer,
 1237  the policyholder shall not be disqualified from participation in
 1238  the appropriate insurance risk apportionment plan because of an
 1239  offer of coverage in the voluntary market. An offer of full
 1240  property insurance coverage by the insurer currently insuring
 1241  either the ex-wind or wind-only coverage on the policy to which
 1242  the offer applies shall not be considered a take-out or keepout
 1243  offer. Any rule, plan of operation, or plan of depopulation,
 1244  through keepout, take-out, midterm assumption, or any other
 1245  means, of any property insurance risk apportionment plan under
 1246  s. 627.351(2) or (6) is subject to ss. 627.351(2)(b) and (6)(c)
 1247  and 627.3511(4).
 1248         Section 7. For the purpose of incorporating the amendments
 1249  made by this act to section 627.351, Florida Statutes, in a
 1250  reference thereto, subsection (1) of section 627.712, Florida
 1251  Statutes, is reenacted to read:
 1252         627.712 Residential windstorm coverage required;
 1253  availability of exclusions for windstorm or contents.—
 1254         (1) An insurer issuing a residential property insurance
 1255  policy must provide windstorm coverage. Except as provided in
 1256  paragraph (2)(c), this section does not apply to risks that are
 1257  eligible for wind-only coverage from Citizens Property Insurance
 1258  Corporation under s. 627.351(6), and risks that are not eligible
 1259  for coverage from Citizens Property Insurance Corporation under
 1260  s. 627.351(6)(a)3. or 5. A risk ineligible for coverage by the
 1261  corporation under s. 627.351(6)(a)3. or 5. is exempt from this
 1262  section only if the risk is located within the boundaries of the
 1263  coastal account of the corporation.
 1264         Section 8. This act shall take effect July 1, 2022.