Florida Senate - 2022                             CS for SB 1728
       
       
        
       By the Committee on Banking and Insurance; and Senator Boyd
       
       
       
       
       
       597-02662-22                                          20221728c1
    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; revising
   13         conditions for eligibility for coverage with the
   14         corporation; providing for a required limited annual
   15         rate increase for specified polices; defining the term
   16         “primary residence”; revising the contents of a
   17         specified notice provided by the corporation; amending
   18         s. 627.3518, F.S.; deleting an obsolete provision
   19         related to implementing the clearinghouse program by a
   20         specified date; deleting an obsolete reporting
   21         requirement; conforming provisions to changes made by
   22         the act; amending s. 627.7011, F.S.; providing that
   23         certain provisions relating to homeowners’ policies do
   24         not prohibit insurers from providing limited coverage
   25         on personal lines residential property insurance
   26         policies by including roof surface type reimbursement
   27         schedules; providing requirements for roof surface
   28         type reimbursement schedules; authorizing the
   29         conversion of a residential property insurance policy
   30         to a roof surface type reimbursement schedule under
   31         certain circumstances; providing that certain
   32         provisions relating to homeowners’ policies do not
   33         prohibit insurers from providing coverage on personal
   34         lines residential property insurance policies that
   35         limits roof coverage to a stated value sublimit of
   36         coverage; providing requirements for stated value
   37         sublimits of coverages; providing that certain
   38         provisions relating to homeowners’ policies do not
   39         prohibit certain insurers from offering roof
   40         reimbursement on the basis of replacement costs;
   41         reenacting ss. 624.424(10), 627.3517, and 627.712(1),
   42         F.S., relating to annual insurer statements, consumer
   43         choice, and required residential windstorm coverage,
   44         respectively, to incorporate the amendments made to s.
   45         627.351, F.S., in references thereto; providing an
   46         effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Paragraph (a) of subsection (1) of section
   51  489.147, Florida Statutes, is amended to read:
   52         489.147 Prohibited property insurance practices.—
   53         (1) As used in this section, the term:
   54         (a) “Prohibited advertisement” means any written or
   55  electronic communication by a contractor which that encourages,
   56  instructs, or induces a consumer to contact a contractor or
   57  public adjuster for the purpose of making an insurance claim for
   58  roof damage, if such communication does not state in a font size
   59  of at least 12 points and at least half as large as the largest
   60  font size used in the communication that:
   61         1.The consumer is responsible for payment of any insurance
   62  deductible;
   63         2.It is insurance fraud punishable as a felony of the
   64  third degree for a contractor to pay, waive, or rebate all or
   65  part of an insurance deductible applicable to payment to the
   66  contractor for repairs to property covered by a property
   67  insurance policy; and
   68         3.It is insurance fraud punishable as a felony of the
   69  third degree to intentionally file an insurance claim containing
   70  any false, incomplete, or misleading information.
   71  
   72  The term includes, but is not limited to, door hangers, business
   73  cards, magnets, flyers, pamphlets, and e-mails.
   74         Section 2. Paragraphs (a), (c), (n), and (ii) of subsection
   75  (6) of section 627.351, Florida Statutes, are amended to read:
   76         627.351 Insurance risk apportionment plans.—
   77         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   78         (a) The public purpose of this subsection is to ensure that
   79  there is an orderly market for property insurance for residents
   80  and businesses of this state.
   81         1. The Legislature finds that private insurers are
   82  unwilling or unable to provide affordable property insurance
   83  coverage in this state to the extent sought and needed. The
   84  absence of affordable property insurance threatens the public
   85  health, safety, and welfare and likewise threatens the economic
   86  health of the state. The state therefore has a compelling public
   87  interest and a public purpose to assist in assuring that
   88  property in this the state is insured and that it is insured at
   89  affordable rates so as to facilitate the remediation,
   90  reconstruction, and replacement of damaged or destroyed property
   91  in order to reduce or avoid the negative effects otherwise
   92  resulting to the public health, safety, and welfare, to the
   93  economy of the state, and to the revenues of the state and local
   94  governments which are needed to provide for the public welfare.
   95  It is necessary, therefore, to provide affordable property
   96  insurance to applicants who are in good faith entitled to
   97  procure insurance through the voluntary market but are unable to
   98  do so. The Legislature intends, therefore, that affordable
   99  property insurance be provided and that it continue to be
  100  provided, as long as necessary, through Citizens Property
  101  Insurance Corporation, a government entity that is an integral
  102  part of the state, and that is not a private insurance company.
  103  To that end, the corporation shall strive to increase the
  104  availability of affordable property insurance in this state,
  105  while achieving efficiencies and economies, and while providing
  106  service to policyholders, applicants, and agents which is no
  107  less than the quality generally provided in the voluntary
  108  market, for the achievement of the foregoing public purposes.
  109  Because it is essential for this government entity to have the
  110  maximum financial resources to pay claims following a
  111  catastrophic hurricane, it is the intent of the Legislature that
  112  the corporation continue to be an integral part of the state and
  113  that the income of the corporation be exempt from federal income
  114  taxation and that interest on the debt obligations issued by the
  115  corporation be exempt from federal income taxation.
  116         2. The Residential Property and Casualty Joint Underwriting
  117  Association originally created by this statute shall be known as
  118  the Citizens Property Insurance Corporation. The corporation
  119  shall provide insurance for residential and commercial property,
  120  for applicants who are entitled, but, in good faith, are unable
  121  to procure insurance through the voluntary market. The
  122  corporation shall operate pursuant to a plan of operation
  123  approved by order of the Financial Services Commission. The plan
  124  is subject to continuous review by the commission. The
  125  commission may, by order, withdraw approval of all or part of a
  126  plan if the commission determines that conditions have changed
  127  since approval was granted and that the purposes of the plan
  128  require changes in the plan. For the purposes of this
  129  subsection, residential coverage includes both personal lines
  130  residential coverage, which consists of the type of coverage
  131  provided by homeowner, mobile home owner, dwelling, tenant,
  132  condominium unit owner, and similar policies; and commercial
  133  lines residential coverage, which consists of the type of
  134  coverage provided by condominium association, apartment
  135  building, and similar policies.
  136         3. With respect to coverage for personal lines residential
  137  structures, and:
  138         a. Effective January 1, 2014, a structure that has a
  139  dwelling replacement cost of $1 million or more, or a single
  140  condominium unit that has a combined dwelling and contents
  141  replacement cost of $1 million or more, is not eligible for
  142  coverage by the corporation. Such dwellings insured by the
  143  corporation on December 31, 2013, may continue to be covered by
  144  the corporation until the end of the policy term. The office
  145  shall approve the method used by the corporation for valuing the
  146  dwelling replacement cost for the purposes of this subparagraph.
  147  If a policyholder is insured by the corporation before being
  148  determined to be ineligible pursuant to this subparagraph and
  149  such policyholder files a lawsuit challenging the determination,
  150  the policyholder may remain insured by the corporation until the
  151  conclusion of the litigation.
  152         b. Effective January 1, 2015, a structure that has a
  153  dwelling replacement cost of $900,000 or more, or a single
  154  condominium unit that has a combined dwelling and contents
  155  replacement cost of $900,000 or more, is not eligible for
  156  coverage by the corporation. Such dwellings insured by the
  157  corporation on December 31, 2014, may continue to be covered by
  158  the corporation only until the end of the policy term.
  159         c. Effective January 1, 2016, a structure that has a
  160  dwelling replacement cost of $800,000 or more, or a single
  161  condominium unit that has a combined dwelling and contents
  162  replacement cost of $800,000 or more, is not eligible for
  163  coverage by the corporation. Such dwellings insured by the
  164  corporation on December 31, 2015, may continue to be covered by
  165  the corporation until the end of the policy term.
  166         d. effective January 1, 2017, a structure that has a
  167  dwelling replacement cost of $700,000 or more, or a single
  168  condominium unit that has a combined dwelling and contents
  169  replacement cost of $700,000 or more, is not eligible for
  170  coverage by the corporation. The corporation must use a method
  171  for valuing the dwelling replacement cost which is approved by
  172  the office Such dwellings insured by the corporation on December
  173  31, 2016, may continue to be covered by the corporation until
  174  the end of the policy term. The requirements of sub
  175  subparagraphs b.-d. do not apply However, in counties where the
  176  office determines there is not a reasonable degree of
  177  competition,. In such counties a personal lines residential
  178  structure that has a dwelling replacement cost of less than $1
  179  million, or a single condominium unit that has a combined
  180  dwelling and contents replacement cost of less than $1 million,
  181  is eligible for coverage by the corporation.
  182         4. It is the intent of the Legislature that policyholders,
  183  applicants, and agents of the corporation receive service and
  184  treatment of the highest possible level but never less than that
  185  generally provided in the voluntary market. It is also intended
  186  that the corporation be held to service standards no less than
  187  those applied to insurers in the voluntary market by the office
  188  with respect to responsiveness, timeliness, customer courtesy,
  189  and overall dealings with policyholders, applicants, or agents
  190  of the corporation.
  191         5.a. Effective January 1, 2009, a personal lines
  192  residential structure that is located in the “wind-borne debris
  193  region,” as defined in s. 1609.2, International Building Code
  194  (2006), and that has an insured value on the structure of
  195  $750,000 or more is not eligible for coverage by the corporation
  196  unless the structure has opening protections as required under
  197  the Florida Building Code for a newly constructed residential
  198  structure in that area. A residential structure is deemed to
  199  comply with this sub-subparagraph if it has shutters or opening
  200  protections on all openings and if such opening protections
  201  complied with the Florida Building Code at the time they were
  202  installed.
  203         b. Any major structure, as defined in s. 161.54(6)(a), that
  204  is newly constructed, or rebuilt, repaired, restored, or
  205  remodeled to increase the total square footage of finished area
  206  by more than 25 percent, pursuant to a permit applied for after
  207  July 1, 2015, is not eligible for coverage by the corporation if
  208  the structure is seaward of the coastal construction control
  209  line established pursuant to s. 161.053 or is within the Coastal
  210  Barrier Resources System as designated by 16 U.S.C. ss. 3501
  211  3510.
  212         6. With respect to wind-only coverage for commercial lines
  213  residential condominiums, effective July 1, 2014, a condominium
  214  shall be deemed ineligible for coverage if 50 percent or more of
  215  the units are rented more than eight times in a calendar year
  216  for a rental agreement period of less than 30 days.
  217         (c) The corporation’s plan of operation:
  218         1. Must provide for adoption of residential property and
  219  casualty insurance policy forms and commercial residential and
  220  nonresidential property insurance forms, which must be approved
  221  by the office before use. The corporation shall adopt the
  222  following policy forms:
  223         a. Standard personal lines policy forms that are
  224  comprehensive multiperil policies providing full coverage of a
  225  residential property equivalent to the coverage provided in the
  226  private insurance market under an HO-3, HO-4, or HO-6 policy.
  227         b. Basic personal lines policy forms that are policies
  228  similar to an HO-8 policy or a dwelling fire policy that provide
  229  coverage meeting the requirements of the secondary mortgage
  230  market, but which is more limited than the coverage under a
  231  standard policy.
  232         c. Commercial lines residential and nonresidential policy
  233  forms that are generally similar to the basic perils of full
  234  coverage obtainable for commercial residential structures and
  235  commercial nonresidential structures in the admitted voluntary
  236  market.
  237         d. Personal lines and commercial lines residential property
  238  insurance forms that cover the peril of wind only. The forms are
  239  applicable only to residential properties located in areas
  240  eligible for coverage under the coastal account referred to in
  241  sub-subparagraph (b)2.a.
  242         e. Commercial lines nonresidential property insurance forms
  243  that cover the peril of wind only. The forms are applicable only
  244  to nonresidential properties located in areas eligible for
  245  coverage under the coastal account referred to in sub
  246  subparagraph (b)2.a.
  247         f. The corporation may adopt variations of the policy forms
  248  listed in sub-subparagraphs a.-e. which contain more restrictive
  249  coverage.
  250         g. Effective January 1, 2013, the corporation shall offer a
  251  basic personal lines policy similar to an HO-8 policy with
  252  dwelling repair based on common construction materials and
  253  methods.
  254         2. Must provide that the corporation adopt a program in
  255  which the corporation and authorized insurers enter into quota
  256  share primary insurance agreements for hurricane coverage, as
  257  defined in s. 627.4025(2)(a), for eligible risks, and adopt
  258  property insurance forms for eligible risks which cover the
  259  peril of wind only.
  260         a. As used in this subsection, the term:
  261         (I) “Quota share primary insurance” means an arrangement in
  262  which the primary hurricane coverage of an eligible risk is
  263  provided in specified percentages by the corporation and an
  264  authorized insurer. The corporation and authorized insurer are
  265  each solely responsible for a specified percentage of hurricane
  266  coverage of an eligible risk as set forth in a quota share
  267  primary insurance agreement between the corporation and an
  268  authorized insurer and the insurance contract. The
  269  responsibility of the corporation or authorized insurer to pay
  270  its specified percentage of hurricane losses of an eligible
  271  risk, as set forth in the agreement, may not be altered by the
  272  inability of the other party to pay its specified percentage of
  273  losses. Eligible risks that are provided hurricane coverage
  274  through a quota share primary insurance arrangement must be
  275  provided policy forms that set forth the obligations of the
  276  corporation and authorized insurer under the arrangement,
  277  clearly specify the percentages of quota share primary insurance
  278  provided by the corporation and authorized insurer, and
  279  conspicuously and clearly state that the authorized insurer and
  280  the corporation may not be held responsible beyond their
  281  specified percentage of coverage of hurricane losses.
  282         (II) “Eligible risks” means personal lines residential and
  283  commercial lines residential risks that meet the underwriting
  284  criteria of the corporation and are located in areas that were
  285  eligible for coverage by the Florida Windstorm Underwriting
  286  Association on January 1, 2002.
  287         b. The corporation may enter into quota share primary
  288  insurance agreements with authorized insurers at corporation
  289  coverage levels of 90 percent and 50 percent.
  290         c. If the corporation determines that additional coverage
  291  levels are necessary to maximize participation in quota share
  292  primary insurance agreements by authorized insurers, the
  293  corporation may establish additional coverage levels. However,
  294  the corporation’s quota share primary insurance coverage level
  295  may not exceed 90 percent.
  296         d. Any quota share primary insurance agreement entered into
  297  between an authorized insurer and the corporation must provide
  298  for a uniform specified percentage of coverage of hurricane
  299  losses, by county or territory as set forth by the corporation
  300  board, for all eligible risks of the authorized insurer covered
  301  under the agreement.
  302         e. Any quota share primary insurance agreement entered into
  303  between an authorized insurer and the corporation is subject to
  304  review and approval by the office. However, such agreement shall
  305  be authorized only as to insurance contracts entered into
  306  between an authorized insurer and an insured who is already
  307  insured by the corporation for wind coverage.
  308         f. For all eligible risks covered under quota share primary
  309  insurance agreements, the exposure and coverage levels for both
  310  the corporation and authorized insurers shall be reported by the
  311  corporation to the Florida Hurricane Catastrophe Fund. For all
  312  policies of eligible risks covered under such agreements, the
  313  corporation and the authorized insurer must maintain complete
  314  and accurate records for the purpose of exposure and loss
  315  reimbursement audits as required by fund rules. The corporation
  316  and the authorized insurer shall each maintain duplicate copies
  317  of policy declaration pages and supporting claims documents.
  318         g. The corporation board shall establish in its plan of
  319  operation standards for quota share agreements which ensure that
  320  there is no discriminatory application among insurers as to the
  321  terms of the agreements, pricing of the agreements, incentive
  322  provisions if any, and consideration paid for servicing policies
  323  or adjusting claims.
  324         h. The quota share primary insurance agreement between the
  325  corporation and an authorized insurer must set forth the
  326  specific terms under which coverage is provided, including, but
  327  not limited to, the sale and servicing of policies issued under
  328  the agreement by the insurance agent of the authorized insurer
  329  producing the business, the reporting of information concerning
  330  eligible risks, the payment of premium to the corporation, and
  331  arrangements for the adjustment and payment of hurricane claims
  332  incurred on eligible risks by the claims adjuster and personnel
  333  of the authorized insurer. Entering into a quota sharing
  334  insurance agreement between the corporation and an authorized
  335  insurer is voluntary and at the discretion of the authorized
  336  insurer.
  337         3. May provide that the corporation may employ or otherwise
  338  contract with individuals or other entities to provide
  339  administrative or professional services that may be appropriate
  340  to effectuate the plan. The corporation may borrow funds by
  341  issuing bonds or by incurring other indebtedness, and shall have
  342  other powers reasonably necessary to effectuate the requirements
  343  of this subsection, including, without limitation, the power to
  344  issue bonds and incur other indebtedness in order to refinance
  345  outstanding bonds or other indebtedness. The corporation may
  346  seek judicial validation of its bonds or other indebtedness
  347  under chapter 75. The corporation may issue bonds or incur other
  348  indebtedness, or have bonds issued on its behalf by a unit of
  349  local government pursuant to subparagraph (q)2. in the absence
  350  of a hurricane or other weather-related event, upon a
  351  determination by the corporation, subject to approval by the
  352  office, that such action would enable it to efficiently meet the
  353  financial obligations of the corporation and that such
  354  financings are reasonably necessary to effectuate the
  355  requirements of this subsection. The corporation may take all
  356  actions needed to facilitate tax-free status for such bonds or
  357  indebtedness, including formation of trusts or other affiliated
  358  entities. The corporation may pledge assessments, projected
  359  recoveries from the Florida Hurricane Catastrophe Fund, other
  360  reinsurance recoverables, policyholder surcharges and other
  361  surcharges, and other funds available to the corporation as
  362  security for bonds or other indebtedness. In recognition of s.
  363  10, Art. I of the State Constitution, prohibiting the impairment
  364  of obligations of contracts, it is the intent of the Legislature
  365  that no action be taken whose purpose is to impair any bond
  366  indenture or financing agreement or any revenue source committed
  367  by contract to such bond or other indebtedness.
  368         4. Must require that the corporation operate subject to the
  369  supervision and approval of a board of governors consisting of
  370  nine individuals who are residents of this state and who are
  371  from different geographical areas of the state, one of whom is
  372  appointed by the Governor and serves solely to advocate on
  373  behalf of the consumer. The appointment of a consumer
  374  representative by the Governor is deemed to be within the scope
  375  of the exemption provided in s. 112.313(7)(b) and is in addition
  376  to the appointments authorized under sub-subparagraph a.
  377         a. The Governor, the Chief Financial Officer, the President
  378  of the Senate, and the Speaker of the House of Representatives
  379  shall each appoint two members of the board. At least one of the
  380  two members appointed by each appointing officer must have
  381  demonstrated expertise in insurance of at least 10 years’
  382  experience with property and casualty insurance as a full-time
  383  employee, officer, or owner of a licensed insurance agency, an
  384  insurer authorized to transact property insurance in this state,
  385  or an insurance trade association and be deemed to be within the
  386  scope of the exemption provided in s. 112.313(7)(b). The Chief
  387  Financial Officer shall designate one of the appointees with
  388  demonstrated expertise in insurance as chair. All board members
  389  serve at the pleasure of the appointing officer. All members of
  390  the board are subject to removal at will by the officers who
  391  appointed them. All board members, including the chair, must be
  392  appointed to serve for 3-year terms beginning annually on a date
  393  designated by the plan. However, for the first term beginning on
  394  or after July 1, 2009, each appointing officer shall appoint one
  395  member of the board for a 2-year term and one member for a 3
  396  year term. A board vacancy shall be filled for the unexpired
  397  term by the appointing officer. The Chief Financial Officer
  398  shall appoint a technical advisory group to provide information
  399  and advice to the board in connection with the board’s duties
  400  under this subsection. The executive director and senior
  401  managers of the corporation shall be engaged by the board and
  402  serve at the pleasure of the board. The executive director must
  403  have the experience, character, and qualifications required
  404  under s. 624.404(3) to serve as the chief executive officer of
  405  an insurer. Any executive director appointed on or after July 1,
  406  2006, is subject to confirmation by the Senate. The executive
  407  director is responsible for employing other staff as the
  408  corporation may require, subject to review and concurrence by
  409  the board.
  410         b. The board shall create a Market Accountability Advisory
  411  Committee to assist the corporation in developing awareness of
  412  its rates and its customer and agent service levels in
  413  relationship to the voluntary market insurers writing similar
  414  coverage.
  415         (I) The members of the advisory committee consist of the
  416  following 11 persons, one of whom must be elected chair by the
  417  members of the committee: four representatives, one appointed by
  418  the Florida Association of Insurance Agents, one by the Florida
  419  Association of Insurance and Financial Advisors, one by the
  420  Professional Insurance Agents of Florida, and one by the Latin
  421  American Association of Insurance Agencies; three
  422  representatives appointed by the insurers with the three highest
  423  voluntary market share of residential property insurance
  424  business in the state; one representative from the Office of
  425  Insurance Regulation; one consumer appointed by the board who is
  426  insured by the corporation at the time of appointment to the
  427  committee; one representative appointed by the Florida
  428  Association of Realtors; and one representative appointed by the
  429  Florida Bankers Association. All members shall be appointed to
  430  3-year terms and may serve for consecutive terms.
  431         (II) The committee shall report to the corporation at each
  432  board meeting on insurance market issues which may include rates
  433  and rate competition with the voluntary market; service,
  434  including policy issuance, claims processing, and general
  435  responsiveness to policyholders, applicants, and agents; and
  436  matters relating to depopulation.
  437         5. Must provide a procedure for determining the eligibility
  438  of a risk for coverage, as follows:
  439         a. Subject to s. 627.3517, with respect to personal lines
  440  residential risks, if the risk is offered coverage from an
  441  authorized insurer at the insurer’s approved rate under a
  442  standard policy including wind coverage or, if consistent with
  443  the insurer’s underwriting rules as filed with the office, a
  444  basic policy including wind coverage, for a new application to
  445  the corporation for coverage, the risk is not eligible for any
  446  policy issued by the corporation unless the premium for coverage
  447  from the authorized insurer is more than 20 percent greater than
  448  the premium for comparable coverage from the corporation.
  449  Whenever an offer of coverage for a personal lines residential
  450  risk is received for a policyholder of the corporation at
  451  renewal from an authorized insurer, if the offer is equal to or
  452  less than the corporation’s renewal premium for comparable
  453  coverage, the risk is not eligible for coverage with the
  454  corporation unless the premium for coverage from the authorized
  455  insurer is more than 20 percent greater than the renewal premium
  456  for comparable coverage from the corporation. If the risk is not
  457  able to obtain such offer, the risk is eligible for a standard
  458  policy including wind coverage or a basic policy including wind
  459  coverage issued by the corporation; however, if the risk could
  460  not be insured under a standard policy including wind coverage
  461  regardless of market conditions, the risk is eligible for a
  462  basic policy including wind coverage unless rejected under
  463  subparagraph 8. However, a policyholder removed from the
  464  corporation through an assumption agreement remains eligible for
  465  coverage from the corporation until the end of the assumption
  466  period. The corporation shall determine the type of policy to be
  467  provided on the basis of objective standards specified in the
  468  underwriting manual and based on generally accepted underwriting
  469  practices.
  470         (I) If the risk accepts an offer of coverage through the
  471  market assistance plan or through a mechanism established by the
  472  corporation other than a plan established by s. 627.3518, before
  473  a policy is issued to the risk by the corporation or during the
  474  first 30 days of coverage by the corporation, and the producing
  475  agent who submitted the application to the plan or to the
  476  corporation is not currently appointed by the insurer, the
  477  insurer shall:
  478         (A) Pay to the producing agent of record of the policy for
  479  the first year, an amount that is the greater of the insurer’s
  480  usual and customary commission for the type of policy written or
  481  a fee equal to the usual and customary commission of the
  482  corporation; or
  483         (B) Offer to allow the producing agent of record of the
  484  policy to continue servicing the policy for at least 1 year and
  485  offer to pay the agent the greater of the insurer’s or the
  486  corporation’s usual and customary commission for the type of
  487  policy written.
  488  
  489  If the producing agent is unwilling or unable to accept
  490  appointment, the new insurer shall pay the agent in accordance
  491  with sub-sub-sub-subparagraph (A).
  492         (II) If the corporation enters into a contractual agreement
  493  for a take-out plan, the producing agent of record of the
  494  corporation policy is entitled to retain any unearned commission
  495  on the policy, and the insurer shall:
  496         (A) Pay to the producing agent of record, for the first
  497  year, an amount that is the greater of the insurer’s usual and
  498  customary commission for the type of policy written or a fee
  499  equal to the usual and customary commission of the corporation;
  500  or
  501         (B) Offer to allow the producing agent of record to
  502  continue servicing the policy for at least 1 year and offer to
  503  pay the agent the greater of the insurer’s or the corporation’s
  504  usual and customary commission for the type of policy written.
  505  
  506  If the producing agent is unwilling or unable to accept
  507  appointment, the new insurer shall pay the agent in accordance
  508  with sub-sub-sub-subparagraph (A).
  509         b. With respect to commercial lines residential risks, for
  510  a new application to the corporation for coverage, if the risk
  511  is offered coverage under a policy including wind coverage from
  512  an authorized insurer at its approved rate, the risk is not
  513  eligible for a policy issued by the corporation unless the
  514  premium for coverage from the authorized insurer is more than 20
  515  15 percent greater than the premium for comparable coverage from
  516  the corporation. Whenever an offer of coverage for a commercial
  517  lines residential risk is received for a policyholder of the
  518  corporation at renewal from an authorized insurer, if the offer
  519  is equal to or less than the corporation’s renewal premium for
  520  comparable coverage, the risk is not eligible for coverage with
  521  the corporation unless the premium for coverage from the
  522  authorized insurer is more than 20 percent greater than the
  523  renewal premium for comparable coverage from the corporation. If
  524  the risk is not able to obtain any such offer, the risk is
  525  eligible for a policy including wind coverage issued by the
  526  corporation. However, a policyholder removed from the
  527  corporation through an assumption agreement remains eligible for
  528  coverage from the corporation until the end of the assumption
  529  period.
  530         (I) If the risk accepts an offer of coverage through the
  531  market assistance plan or through a mechanism established by the
  532  corporation other than a plan established by s. 627.3518, before
  533  a policy is issued to the risk by the corporation or during the
  534  first 30 days of coverage by the corporation, and the producing
  535  agent who submitted the application to the plan or the
  536  corporation is not currently appointed by the insurer, the
  537  insurer shall:
  538         (A) Pay to the producing agent of record of the policy, for
  539  the first year, an amount that is the greater of the insurer’s
  540  usual and customary commission for the type of policy written or
  541  a fee equal to the usual and customary commission of the
  542  corporation; or
  543         (B) Offer to allow the producing agent of record of the
  544  policy to continue servicing the policy for at least 1 year and
  545  offer to pay the agent the greater of the insurer’s or the
  546  corporation’s usual and customary commission for the type of
  547  policy written.
  548  
  549  If the producing agent is unwilling or unable to accept
  550  appointment, the new insurer shall pay the agent in accordance
  551  with sub-sub-sub-subparagraph (A).
  552         (II) If the corporation enters into a contractual agreement
  553  for a take-out plan, the producing agent of record of the
  554  corporation policy is entitled to retain any unearned commission
  555  on the policy, and the insurer shall:
  556         (A) Pay to the producing agent of record, for the first
  557  year, an amount that is the greater of the insurer’s usual and
  558  customary commission for the type of policy written or a fee
  559  equal to the usual and customary commission of the corporation;
  560  or
  561         (B) Offer to allow the producing agent of record to
  562  continue servicing the policy for at least 1 year and offer to
  563  pay the agent the greater of the insurer’s or the corporation’s
  564  usual and customary commission for the type of policy written.
  565  
  566  If the producing agent is unwilling or unable to accept
  567  appointment, the new insurer shall pay the agent in accordance
  568  with sub-sub-sub-subparagraph (A).
  569         c. For purposes of determining comparable coverage under
  570  sub-subparagraphs a. and b., the comparison must be based on
  571  those forms and coverages that are reasonably comparable. The
  572  corporation may rely on a determination of comparable coverage
  573  and premium made by the producing agent who submits the
  574  application to the corporation, made in the agent’s capacity as
  575  the corporation’s agent. A comparison may be made solely of the
  576  premium with respect to the main building or structure only on
  577  the following basis: the same coverage A or other building
  578  limits; the same percentage hurricane deductible that applies on
  579  an annual basis or that applies to each hurricane for commercial
  580  residential property; the same percentage of ordinance and law
  581  coverage, if the same limit is offered by both the corporation
  582  and the authorized insurer; the same mitigation credits, to the
  583  extent the same types of credits are offered both by the
  584  corporation and the authorized insurer; the same method for loss
  585  payment, such as replacement cost or actual cash value, if the
  586  same method is offered both by the corporation and the
  587  authorized insurer in accordance with underwriting rules; and
  588  any other form or coverage that is reasonably comparable as
  589  determined by the board. If an application is submitted to the
  590  corporation for wind-only coverage in the coastal account, the
  591  premium for the corporation’s wind-only policy plus the premium
  592  for the ex-wind policy that is offered by an authorized insurer
  593  to the applicant must be compared to the premium for multiperil
  594  coverage offered by an authorized insurer, subject to the
  595  standards for comparison specified in this subparagraph. If the
  596  corporation or the applicant requests from the authorized
  597  insurer a breakdown of the premium of the offer by types of
  598  coverage so that a comparison may be made by the corporation or
  599  its agent and the authorized insurer refuses or is unable to
  600  provide such information, the corporation may treat the offer as
  601  not being an offer of coverage from an authorized insurer at the
  602  insurer’s approved rate.
  603         6. Must include rules for classifications of risks and
  604  rates.
  605         7. Must provide that if premium and investment income for
  606  an account attributable to a particular calendar year are in
  607  excess of projected losses and expenses for the account
  608  attributable to that year, such excess shall be held in surplus
  609  in the account. Such surplus must be available to defray
  610  deficits in that account as to future years and used for that
  611  purpose before assessing assessable insurers and assessable
  612  insureds as to any calendar year.
  613         8. Must provide objective criteria and procedures to be
  614  uniformly applied to all applicants in determining whether an
  615  individual risk is so hazardous as to be uninsurable. In making
  616  this determination and in establishing the criteria and
  617  procedures, the following must be considered:
  618         a. Whether the likelihood of a loss for the individual risk
  619  is substantially higher than for other risks of the same class;
  620  and
  621         b. Whether the uncertainty associated with the individual
  622  risk is such that an appropriate premium cannot be determined.
  623  
  624  The acceptance or rejection of a risk by the corporation shall
  625  be construed as the private placement of insurance, and the
  626  provisions of chapter 120 do not apply.
  627         9. Must provide that the corporation make its best efforts
  628  to procure catastrophe reinsurance at reasonable rates, to cover
  629  its projected 100-year probable maximum loss as determined by
  630  the board of governors. If catastrophe reinsurance is not
  631  available at reasonable rates, the corporation need not purchase
  632  it, but the corporation shall include the costs of reinsurance
  633  to cover its projected 100-year probable maximum loss in its
  634  rate calculations even if it does not purchase catastrophe
  635  reinsurance.
  636         10. The policies issued by the corporation must provide
  637  that if the corporation or the market assistance plan obtains an
  638  offer from an authorized insurer to cover the risk at its
  639  approved rates, the risk is no longer eligible for renewal
  640  through the corporation, except as otherwise provided in this
  641  subsection.
  642         11. Corporation policies and applications must include a
  643  notice that the corporation policy could, under this section, be
  644  replaced with a policy issued by an authorized insurer which
  645  does not provide coverage identical to the coverage provided by
  646  the corporation. The notice must also specify that acceptance of
  647  corporation coverage creates a conclusive presumption that the
  648  applicant or policyholder is aware of this potential.
  649         12. May establish, subject to approval by the office,
  650  different eligibility requirements and operational procedures
  651  for any line or type of coverage for any specified county or
  652  area if the board determines that such changes are justified due
  653  to the voluntary market being sufficiently stable and
  654  competitive in such area or for such line or type of coverage
  655  and that consumers who, in good faith, are unable to obtain
  656  insurance through the voluntary market through ordinary methods
  657  continue to have access to coverage from the corporation. If
  658  coverage is sought in connection with a real property transfer,
  659  the requirements and procedures may not provide an effective
  660  date of coverage later than the date of the closing of the
  661  transfer as established by the transferor, the transferee, and,
  662  if applicable, the lender.
  663         13. Must provide that, with respect to the coastal account,
  664  any assessable insurer with a surplus as to policyholders of $25
  665  million or less writing 25 percent or more of its total
  666  countrywide property insurance premiums in this state may
  667  petition the office, within the first 90 days of each calendar
  668  year, to qualify as a limited apportionment company. A regular
  669  assessment levied by the corporation on a limited apportionment
  670  company for a deficit incurred by the corporation for the
  671  coastal account may be paid to the corporation on a monthly
  672  basis as the assessments are collected by the limited
  673  apportionment company from its insureds, but a limited
  674  apportionment company must begin collecting the regular
  675  assessments not later than 90 days after the regular assessments
  676  are levied by the corporation, and the regular assessments must
  677  be paid in full within 15 months after being levied by the
  678  corporation. A limited apportionment company shall collect from
  679  its policyholders any emergency assessment imposed under sub
  680  subparagraph (b)3.d. The plan must provide that, if the office
  681  determines that any regular assessment will result in an
  682  impairment of the surplus of a limited apportionment company,
  683  the office may direct that all or part of such assessment be
  684  deferred as provided in subparagraph (q)4. However, an emergency
  685  assessment to be collected from policyholders under sub
  686  subparagraph (b)3.d. may not be limited or deferred.
  687         14. Must provide that the corporation appoint as its
  688  licensed agents only those agents who throughout such
  689  appointments also hold an appointment as defined in s. 626.015
  690  by an insurer who is authorized to write and is actually writing
  691  or renewing personal lines residential property coverage,
  692  commercial residential property coverage, or commercial
  693  nonresidential property coverage within the state.
  694         15. Must provide a premium payment plan option to its
  695  policyholders which, at a minimum, allows for quarterly and
  696  semiannual payment of premiums. A monthly payment plan may, but
  697  is not required to, be offered.
  698         16. Must limit coverage on mobile homes or manufactured
  699  homes built before 1994 to actual cash value of the dwelling
  700  rather than replacement costs of the dwelling.
  701         17. Must provide coverage for manufactured or mobile home
  702  dwellings. Such coverage must also include the following
  703  attached structures:
  704         a. Screened enclosures that are aluminum framed or screened
  705  enclosures that are not covered by the same or substantially the
  706  same materials as those of the primary dwelling;
  707         b. Carports that are aluminum or carports that are not
  708  covered by the same or substantially the same materials as those
  709  of the primary dwelling; and
  710         c. Patios that have a roof covering that is constructed of
  711  materials that are not the same or substantially the same
  712  materials as those of the primary dwelling.
  713  
  714  The corporation shall make available a policy for mobile homes
  715  or manufactured homes for a minimum insured value of at least
  716  $3,000.
  717         18. May provide such limits of coverage as the board
  718  determines, consistent with the requirements of this subsection.
  719         19. May require commercial property to meet specified
  720  hurricane mitigation construction features as a condition of
  721  eligibility for coverage.
  722         20. Must provide that new or renewal policies issued by the
  723  corporation on or after January 1, 2012, which cover sinkhole
  724  loss do not include coverage for any loss to appurtenant
  725  structures, driveways, sidewalks, decks, or patios that are
  726  directly or indirectly caused by sinkhole activity. The
  727  corporation shall exclude such coverage using a notice of
  728  coverage change, which may be included with the policy renewal,
  729  and not by issuance of a notice of nonrenewal of the excluded
  730  coverage upon renewal of the current policy.
  731         21. As of January 1, 2012, must require that the agent
  732  obtain from an applicant for coverage from the corporation an
  733  acknowledgment signed by the applicant, which includes, at a
  734  minimum, the following statement:
  735  
  736                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  737                      AND ASSESSMENT LIABILITY:                    
  738  
  739         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  740  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  741  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  742  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  743  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  744  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  745  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  746  LEGISLATURE.
  747         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
  748  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
  749  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
  750  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
  751  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
  752  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
  753  ARE REGULATED AND APPROVED BY THE STATE.
  754         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  755  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  756  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  757  FLORIDA LEGISLATURE.
  758         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  759  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  760  STATE OF FLORIDA.
  761  
  762         a. The corporation shall maintain, in electronic format or
  763  otherwise, a copy of the applicant’s signed acknowledgment and
  764  provide a copy of the statement to the policyholder as part of
  765  the first renewal after the effective date of this subparagraph.
  766         b. The signed acknowledgment form creates a conclusive
  767  presumption that the policyholder understood and accepted his or
  768  her potential surcharge and assessment liability as a
  769  policyholder of the corporation.
  770         (n)1. Rates for coverage provided by the corporation must
  771  be actuarially sound and subject to s. 627.062, except as
  772  otherwise provided in this paragraph. The corporation shall file
  773  its recommended rates with the office at least annually. The
  774  corporation shall provide any additional information regarding
  775  the rates which the office requires. The office shall consider
  776  the recommendations of the board and issue a final order
  777  establishing the rates for the corporation within 45 days after
  778  the recommended rates are filed. The corporation may not pursue
  779  an administrative challenge or judicial review of the final
  780  order of the office.
  781         2. In addition to the rates otherwise determined pursuant
  782  to this paragraph, the corporation shall impose and collect an
  783  amount equal to the premium tax provided in s. 624.509 to
  784  augment the financial resources of the corporation.
  785         3. After the public hurricane loss-projection model under
  786  s. 627.06281 has been found to be accurate and reliable by the
  787  Florida Commission on Hurricane Loss Projection Methodology, the
  788  model shall be considered when establishing the windstorm
  789  portion of the corporation’s rates. The corporation may use the
  790  public model results in combination with the results of private
  791  models to calculate rates for the windstorm portion of the
  792  corporation’s rates. This subparagraph does not require or allow
  793  the corporation to adopt rates lower than the rates otherwise
  794  required or allowed by this paragraph.
  795         4. The corporation must make a recommended actuarially
  796  sound rate filing for each personal and commercial line of
  797  business it writes.
  798         5. Notwithstanding the board’s recommended rates and the
  799  office’s final order regarding the corporation’s filed rates
  800  under subparagraph 1., the corporation shall annually implement
  801  a rate increase which, except for sinkhole coverage, does not
  802  exceed the following for any single personal lines residential
  803  policy issued by the corporation that covers an insured’s
  804  primary residence, and any single commercial lines residential
  805  policy issued by the corporation, excluding coverage changes and
  806  surcharges:
  807         a. Eleven percent for 2022.
  808         b. Twelve percent for 2023.
  809         c. Thirteen percent for 2024.
  810         d. Fourteen percent for 2025.
  811         e. Fifteen percent for 2026 and all subsequent years.
  812         6. The corporation may also implement an increase to
  813  reflect the effect on the corporation of the cash buildup factor
  814  pursuant to s. 215.555(5)(b).
  815         7. The corporation’s implementation of rates as prescribed
  816  in subparagraph 5. shall cease for any line of business written
  817  by the corporation upon the corporation’s implementation of
  818  actuarially sound rates. Thereafter, the corporation shall
  819  annually make a recommended actuarially sound rate filing for
  820  each commercial and personal line of business the corporation
  821  writes.
  822         8.As used in this paragraph, “primary residence” means the
  823  dwelling that the insured has represented as their permanent
  824  home on the insurance application or otherwise to the
  825  corporation.
  826         (ii) The corporation shall revise the programs adopted
  827  pursuant to sub-subparagraph (q)3.a. for personal lines
  828  residential policies to maximize policyholder options and
  829  encourage increased participation by insurers and agents. After
  830  January 1, 2017, a policy may not be taken out of the
  831  corporation unless the provisions of this paragraph are met.
  832         1. The corporation must publish a periodic schedule of
  833  cycles during which an insurer may identify, and notify the
  834  corporation of, policies that the insurer is requesting to take
  835  out. A request must include a description of the coverage
  836  offered and an estimated premium and must be submitted to the
  837  corporation in a form and manner prescribed by the corporation.
  838         2. The corporation must maintain and make available to the
  839  agent of record a consolidated list of all insurers requesting
  840  to take out a policy. The list must include a description of the
  841  coverage offered and the estimated premium for each take-out
  842  request.
  843         3. The corporation must provide written notice to the
  844  policyholder and the agent of record regarding all insurers
  845  requesting to take out the policy, which notice must inform that
  846  a take-out offer that is not more than 20 percent greater than
  847  the corporation’s premium renders the risk ineligible for
  848  coverage from and regarding the policyholder’s option to accept
  849  a take-out offer or to reject all take-out offers and to remain
  850  with the corporation. The notice must be in a format prescribed
  851  by the corporation and include, for each take-out offer:
  852         a. The amount of the estimated premium;
  853         b. A description of the coverage; and
  854         c. A comparison of the estimated premium and coverage
  855  offered by the insurer to the estimated premium and coverage
  856  provided by the corporation.
  857         Section 3. Section 627.3518, Florida Statutes, is amended
  858  to read:
  859         627.3518 Citizens Property Insurance Corporation
  860  policyholder eligibility clearinghouse program.—The purpose of
  861  this section is to provide a framework for the corporation to
  862  implement a clearinghouse program by January 1, 2014.
  863         (1) As used in this section, the term:
  864         (a) “Corporation” means Citizens Property Insurance
  865  Corporation.
  866         (b) “Exclusive agent” means any licensed insurance agent
  867  that has, by contract, agreed to act exclusively for one company
  868  or group of affiliated insurance companies and is disallowed by
  869  the provisions of that contract to directly write for any other
  870  unaffiliated insurer absent express consent from the company or
  871  group of affiliated insurance companies.
  872         (c) “Independent agent” means any licensed insurance agent
  873  not described in paragraph (b).
  874         (d) “Program” means the clearinghouse created under this
  875  section.
  876         (2) In order to confirm eligibility with the corporation
  877  and to enhance access of new applicants for coverage and
  878  existing policyholders of the corporation to offers of coverage
  879  from authorized insurers, the corporation shall establish a
  880  program for personal residential risks in order to facilitate
  881  the diversion of ineligible applicants and existing
  882  policyholders from the corporation into the voluntary insurance
  883  market. The corporation shall also develop appropriate
  884  procedures for facilitating the diversion of ineligible
  885  applicants and existing policyholders for commercial residential
  886  coverage into the private insurance market and shall report such
  887  procedures to the President of the Senate and the Speaker of the
  888  House of Representatives by January 1, 2014.
  889         (3) The corporation board shall establish the clearinghouse
  890  program as an organizational unit within the corporation. The
  891  program shall have all the rights and responsibilities in
  892  carrying out its duties as a licensed general lines agent, but
  893  may not be required to employ or engage a licensed general lines
  894  agent or to maintain an insurance agency license to carry out
  895  its activities in the solicitation and placement of insurance
  896  coverage. In establishing the program, the corporation may:
  897         (a) Require all new applications, and all policies due for
  898  renewal, to be submitted for coverage to the program in order to
  899  facilitate obtaining an offer of coverage from an authorized
  900  insurer before binding or renewing coverage by the corporation.
  901         (b) Employ or otherwise contract with individuals or other
  902  entities for appropriate administrative or professional services
  903  to effectuate the plan within the corporation in accordance with
  904  the applicable purchasing requirements under s. 627.351.
  905         (c) Enter into contracts with any authorized insurer to
  906  participate in the program and accept an appointment by such
  907  insurer.
  908         (d) Provide funds to operate the program. Insurers and
  909  agents participating in the program are not required to pay a
  910  fee to offset or partially offset the cost of the program or use
  911  the program for renewal of policies initially written through
  912  the clearinghouse.
  913         (e) Develop an enhanced application that includes
  914  information to assist private insurers in determining whether to
  915  make an offer of coverage through the program.
  916         (f) For personal lines residential risks, require, before
  917  approving all new applications for coverage by the corporation,
  918  that every application be subject to a period of 2 business days
  919  when any insurer participating in the program may select the
  920  application for coverage. The insurer may issue a binder on any
  921  policy selected for coverage for a period of at least 30 days
  922  but not more than 60 days.
  923         (4) Any authorized insurer may participate in the program;
  924  however, participation is not mandatory for any insurer.
  925  Insurers making offers of coverage to new applicants or renewal
  926  policyholders through the program:
  927         (a) May not be required to individually appoint any agent
  928  whose customer is underwritten and bound through the program.
  929  Notwithstanding s. 626.112, insurers are not required to appoint
  930  any agent on a policy underwritten through the program for as
  931  long as that policy remains with the insurer. Insurers may, at
  932  their election, appoint any agent whose customer is initially
  933  underwritten and bound through the program. In the event an
  934  insurer accepts a policy from an agent who is not appointed
  935  pursuant to this paragraph, and thereafter elects to accept a
  936  policy from such agent, the provisions of s. 626.112 requiring
  937  appointment apply to the agent.
  938         (b) Must enter into a limited agency agreement with each
  939  agent that is not appointed in accordance with paragraph (a) and
  940  whose customer is underwritten and bound through the program.
  941         (c) Must enter into its standard agency agreement with each
  942  agent whose customer is underwritten and bound through the
  943  program when that agent has been appointed by the insurer
  944  pursuant to s. 626.112.
  945         (d) Must comply with s. 627.4133(2).
  946         (e) May participate through their single-designated
  947  managing general agent or broker; however, the provisions of
  948  paragraph (6)(a) regarding ownership, control, and use of the
  949  expirations continue to apply.
  950         (f) Must pay to the producing agent a commission equal to
  951  that paid by the corporation or the usual and customary
  952  commission paid by the insurer for that line of business,
  953  whichever is greater.
  954         (5) Notwithstanding s. 627.3517, any applicant for new
  955  coverage from the corporation is not eligible for coverage from
  956  the corporation if provided an offer of coverage from an
  957  authorized insurer through the program at a premium that is at
  958  or below the eligibility threshold established in s.
  959  627.351(6)(c)5.a. Whenever an offer of coverage for a personal
  960  lines risk is received for a policyholder of the corporation at
  961  renewal from an authorized insurer through the program, if the
  962  offer is at or below the eligibility threshold established in s.
  963  627.351(6)(c)5.a. equal to or less than the corporation’s
  964  renewal premium for comparable coverage, the risk is not
  965  eligible for coverage with the corporation. In the event an
  966  offer of coverage for a new applicant is received from an
  967  authorized insurer through the program, and the premium offered
  968  exceeds the eligibility threshold contained in s.
  969  627.351(6)(c)5.a., the applicant or insured may elect to accept
  970  such coverage, or may elect to accept or continue coverage with
  971  the corporation. In the event an offer of coverage for a
  972  personal lines risk is received from an authorized insurer at
  973  renewal through the program, and the premium offered is at or
  974  below the eligibility threshold established in s.
  975  627.351(6)(c)5.a. more than the corporation’s renewal premium
  976  for comparable coverage, the insured is not eligible to may
  977  elect to accept such coverage, or may elect to accept or
  978  continue coverage with the corporation. Section
  979  627.351(6)(c)5.a.(I) does not apply to an offer of coverage from
  980  an authorized insurer obtained through the program. An applicant
  981  for coverage from the corporation who was declared ineligible
  982  for coverage at renewal by the corporation in the previous 36
  983  months due to an offer of coverage pursuant to this subsection
  984  shall be considered a renewal under this section if the
  985  corporation determines that the authorized insurer making the
  986  offer of coverage pursuant to this subsection continues to
  987  insure the applicant and increased the rate on the policy in
  988  excess of the increase allowed for the corporation under s.
  989  627.351(6)(n)5.
  990         (6) Independent insurance agents submitting new
  991  applications for coverage or that are the agent of record on a
  992  renewal policy submitted to the program:
  993         (a) Are granted and must maintain ownership and the
  994  exclusive use of expirations, records, or other written or
  995  electronic information directly related to such applications or
  996  renewals written through the corporation or through an insurer
  997  participating in the program, notwithstanding s.
  998  627.351(6)(c)5.a.(I)(B) and (II)(B). Such ownership is granted
  999  for as long as the insured remains with the agency or until sold
 1000  or surrendered in writing by the agent. Contracts with the
 1001  corporation or required by the corporation must not amend,
 1002  modify, interfere with, or limit such rights of ownership. Such
 1003  expirations, records, or other written or electronic information
 1004  may be used to review an application, issue a policy, or for any
 1005  other purpose necessary for placing such business through the
 1006  program.
 1007         (b) May not be required to be appointed by any insurer
 1008  participating in the program for policies written solely through
 1009  the program, notwithstanding the provisions of s. 626.112.
 1010         (c) May accept an appointment from any insurer
 1011  participating in the program.
 1012         (d) May enter into either a standard or limited agency
 1013  agreement with the insurer, at the insurer’s option.
 1014  
 1015  Applicants ineligible for coverage in accordance with subsection
 1016  (5) remain ineligible if their independent agent is unwilling or
 1017  unable to enter into a standard or limited agency agreement with
 1018  an insurer participating in the program.
 1019         (7) Exclusive agents submitting new applications for
 1020  coverage or that are the agent of record on a renewal policy
 1021  submitted to the program:
 1022         (a) Must maintain ownership and the exclusive use of
 1023  expirations, records, or other written or electronic information
 1024  directly related to such applications or renewals written
 1025  through the corporation or through an insurer participating in
 1026  the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
 1027  (II)(B). Contracts with the corporation or required by the
 1028  corporation must not amend, modify, interfere with, or limit
 1029  such rights of ownership. Such expirations, records, or other
 1030  written or electronic information may be used to review an
 1031  application, issue a policy, or for any other purpose necessary
 1032  for placing such business through the program.
 1033         (b) May not be required to be appointed by any insurer
 1034  participating in the program for policies written solely through
 1035  the program, notwithstanding the provisions of s. 626.112.
 1036         (c) Must only facilitate the placement of an offer of
 1037  coverage from an insurer whose limited servicing agreement is
 1038  approved by that exclusive agent’s exclusive insurer.
 1039         (d) May enter into a limited servicing agreement with the
 1040  insurer making an offer of coverage, and only after the
 1041  exclusive agent’s insurer has approved the limited servicing
 1042  agreement terms. The exclusive agent’s insurer must approve a
 1043  limited service agreement for the program for any insurer for
 1044  which it has approved a service agreement for other purposes.
 1045  
 1046  Applicants ineligible for coverage in accordance with subsection
 1047  (5) remain ineligible if their exclusive agent is unwilling or
 1048  unable to enter into a standard or limited agency agreement with
 1049  an insurer making an offer of coverage to that applicant.
 1050         (8) Submission of an application for coverage by the
 1051  corporation to the program does not constitute the binding of
 1052  coverage by the corporation, and failure of the program to
 1053  obtain an offer of coverage by an insurer may not be considered
 1054  acceptance of coverage of the risk by the corporation.
 1055         (9) The 45-day notice of nonrenewal requirement set forth
 1056  in s. 627.4133(2)(b)5. applies when a policy is nonrenewed by
 1057  the corporation because the risk has received an offer of
 1058  coverage pursuant to this section which renders the risk
 1059  ineligible for coverage by the corporation.
 1060         (10) The program may not include commercial nonresidential
 1061  policies.
 1062         (11) Proprietary business information provided to the
 1063  corporation’s clearinghouse by insurers with respect to
 1064  identifying and selecting risks for an offer of coverage is
 1065  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1066  of the State Constitution.
 1067         (a) As used in this subsection, the term “proprietary
 1068  business information” means information, regardless of form or
 1069  characteristics, which is owned or controlled by an insurer and:
 1070         1. Is identified by the insurer as proprietary business
 1071  information and is intended to be and is treated by the insurer
 1072  as private in that the disclosure of the information would cause
 1073  harm to the insurer, an individual, or the company’s business
 1074  operations and has not been disclosed unless disclosed pursuant
 1075  to a statutory requirement, an order of a court or
 1076  administrative body, or a private agreement that provides that
 1077  the information will not be released to the public;
 1078         2. Is not otherwise readily ascertainable or publicly
 1079  available by proper means by other persons from another source
 1080  in the same configuration as provided to the clearinghouse; and
 1081         3. Includes:
 1082         a. Trade secrets, as defined in s. 688.002.
 1083         b. Information relating to competitive interests, the
 1084  disclosure of which would impair the competitive business of the
 1085  provider of the information.
 1086  
 1087  Proprietary business information may be found in underwriting
 1088  criteria or instructions which are used to identify and select
 1089  risks through the program for an offer of coverage and are
 1090  shared with the clearinghouse to facilitate the shopping of
 1091  risks with the insurer.
 1092         (b) The clearinghouse may disclose confidential and exempt
 1093  proprietary business information:
 1094         1. If the insurer to which it pertains gives prior written
 1095  consent;
 1096         2. Pursuant to a court order; or
 1097         3. To another state agency in this or another state or to a
 1098  federal agency if the recipient agrees in writing to maintain
 1099  the confidential and exempt status of the document, material, or
 1100  other information and has verified in writing its legal
 1101  authority to maintain such confidentiality.
 1102         Section 4. Paragraphs (f), (g), and (h) are added to
 1103  subsection (5) of section 627.7011, Florida Statutes, to read:
 1104         627.7011 Homeowners’ policies; offer of replacement cost
 1105  coverage and law and ordinance coverage.—
 1106         (5) This section does not:
 1107         (f)1.Prohibit an insurer, notwithstanding paragraph
 1108  (1)(a), from providing limited coverage on a personal lines
 1109  residential property insurance policy by including a roof
 1110  surface type reimbursement schedule. If included in the policy,
 1111  a roof surface type reimbursement schedule must do all of the
 1112  following:
 1113         a.Provide reimbursement for repair, replacement, and
 1114  installation based on the annual age of a roof surface type.
 1115         b.Provide full replacement coverage for:
 1116         (I)Any roof surface type less than 10 years old;
 1117         (II)A total loss to a primary structure in accordance with
 1118  the valued policy law under s. 627.702 which is caused by a
 1119  covered peril; and
 1120         (III)A loss to the roof caused by a storm declared to be a
 1121  hurricane by the National Hurricane Center.
 1122         c.Use annual depreciation amounts that:
 1123         (I)Are actuarially justified and meet the requirements of
 1124  s. 627.062; and
 1125         (II)Do not exceed 4 percent unless actuarially justified.
 1126         d.Be approved by the office.
 1127         e.Include at the top of the roof surface type schedule, in
 1128  bold type no smaller than 12 points, the following statement:
 1129  
 1130         “PLEASE DISCUSS WITH YOUR INSURANCE AGENT. YOU ARE
 1131         ELECTING TO PURCHASE COVERAGE ON YOUR ROOF ACCORDING
 1132         TO A ROOF SURFACE TYPE REIMBURSEMENT SCHEDULE. IF YOUR
 1133         ROOF IS DAMAGED BY A COVERED PERIL, YOU WILL RECEIVE A
 1134         PAYMENT AMOUNT FOR YOUR ROOF ACCORDING TO THE SCHEDULE
 1135         BELOW. BE ADVISED THAT THIS MAY RESULT IN YOU HAVING
 1136         TO PAY SIGNIFICANT COSTS TO REPAIR OR REPLACE YOUR
 1137         ROOF. PLEASE DISCUSS WITH YOUR INSURANCE AGENT.”
 1138  
 1139         f.Be provided to the insured with the policy documents at
 1140  issuance and renewal.
 1141         2.A residential property insurance policy may convert to a
 1142  roof surface type reimbursement schedule at renewal if the roof
 1143  is at least 10 years old and the policyholder:
 1144         a.Receives a Notice of Change in Policy Terms pursuant to
 1145  s. 627.43141; and
 1146         b.Accepts the written notice of renewal premium required
 1147  under s. 627.4133, by paying the premium.
 1148         (g)Prohibit an insurer, notwithstanding paragraph (1)(a),
 1149  from providing coverage on a personal lines residential property
 1150  insurance policy that limits coverage for a roof to a stated
 1151  value sublimit of coverage. If included in a policy, a stated
 1152  value sublimit of coverage must do all of the following:
 1153         1.Provide full replacement coverage for:
 1154         a.Any roof surface type less than 10 years old;
 1155         b.A total loss to a primary structure in accordance with
 1156  the valued policy law under s. 627.702 which is caused by a
 1157  covered peril; and
 1158         c.A loss to the roof caused by a storm declared to be a
 1159  hurricane by the National Hurricane Center.
 1160         2.Include in the policy documents at issuance and at
 1161  renewal, in bold type no smaller than 12 points, the following
 1162  statement:
 1163  
 1164         “PLEASE DISCUSS WITH YOUR INSURANCE AGENT. YOU ARE
 1165         ELECTING TO PURCHASE A STATED VALUE SUBLIMIT OF
 1166         COVERAGE ON YOUR ROOF. BE ADVISED THAT THIS MAY RESULT
 1167         IN YOU HAVING TO PAY SIGNIFICANT COSTS TO REPAIR OR
 1168         REPLACE YOUR ROOF. PLEASE DISCUSS WITH YOUR INSURANCE
 1169         AGENT.”
 1170  
 1171         (h)Prohibit an insurer that provides roof reimbursement on
 1172  the basis of a roof surface type reimbursement schedule or that
 1173  limits coverage for a roof to a stated value sublimit of
 1174  coverage from also offering roof reimbursement on the basis of
 1175  replacement costs.
 1176         Section 5. For the purpose of incorporating the amendments
 1177  made by this act to section 627.351, Florida Statutes, in a
 1178  reference thereto, subsection (10) of section 624.424, Florida
 1179  Statutes, is reenacted to read:
 1180         624.424 Annual statement and other information.—
 1181         (10) Each insurer or insurer group doing business in this
 1182  state shall file on a quarterly basis in conjunction with
 1183  financial reports required by paragraph (1)(a) a supplemental
 1184  report on an individual and group basis on a form prescribed by
 1185  the commission with information on personal lines and commercial
 1186  lines residential property insurance policies in this state. The
 1187  supplemental report shall include separate information for
 1188  personal lines property policies and for commercial lines
 1189  property policies and totals for each item specified, including
 1190  premiums written for each of the property lines of business as
 1191  described in ss. 215.555(2)(c) and 627.351(6)(a). The report
 1192  shall include the following information for each county on a
 1193  monthly basis:
 1194         (a) Total number of policies in force at the end of each
 1195  month.
 1196         (b) Total number of policies canceled.
 1197         (c) Total number of policies nonrenewed.
 1198         (d) Number of policies canceled due to hurricane risk.
 1199         (e) Number of policies nonrenewed due to hurricane risk.
 1200         (f) Number of new policies written.
 1201         (g) Total dollar value of structure exposure under policies
 1202  that include wind coverage.
 1203         (h) Number of policies that exclude wind coverage.
 1204         Section 6. For the purpose of incorporating the amendments
 1205  made by this act to section 627.351, Florida Statutes, in a
 1206  reference thereto, section 627.3517, Florida Statutes, is
 1207  reenacted to read:
 1208         627.3517 Consumer choice.—No provision of s. 627.351, s.
 1209  627.3511, or s. 627.3515 shall be construed to impair the right
 1210  of any insurance risk apportionment plan policyholder, upon
 1211  receipt of any keepout or take-out offer, to retain his or her
 1212  current agent, so long as that agent is duly licensed and
 1213  appointed by the insurance risk apportionment plan or otherwise
 1214  authorized to place business with the insurance risk
 1215  apportionment plan. This right shall not be canceled, suspended,
 1216  impeded, abridged, or otherwise compromised by any rule, plan of
 1217  operation, or depopulation plan, whether through keepout, take
 1218  out, midterm assumption, or any other means, of any insurance
 1219  risk apportionment plan or depopulation plan, including, but not
 1220  limited to, those described in s. 627.351, s. 627.3511, or s.
 1221  627.3515. The commission shall adopt any rules necessary to
 1222  cause any insurance risk apportionment plan or market assistance
 1223  plan under such sections to demonstrate that the operations of
 1224  the plan do not interfere with, promote, or allow interference
 1225  with the rights created under this section. If the
 1226  policyholder’s current agent is unable or unwilling to be
 1227  appointed with the insurer making the take-out or keepout offer,
 1228  the policyholder shall not be disqualified from participation in
 1229  the appropriate insurance risk apportionment plan because of an
 1230  offer of coverage in the voluntary market. An offer of full
 1231  property insurance coverage by the insurer currently insuring
 1232  either the ex-wind or wind-only coverage on the policy to which
 1233  the offer applies shall not be considered a take-out or keepout
 1234  offer. Any rule, plan of operation, or plan of depopulation,
 1235  through keepout, take-out, midterm assumption, or any other
 1236  means, of any property insurance risk apportionment plan under
 1237  s. 627.351(2) or (6) is subject to ss. 627.351(2)(b) and (6)(c)
 1238  and 627.3511(4).
 1239         Section 7. For the purpose of incorporating the amendments
 1240  made by this act to section 627.351, Florida Statutes, in a
 1241  reference thereto, subsection (1) of section 627.712, Florida
 1242  Statutes, is reenacted to read:
 1243         627.712 Residential windstorm coverage required;
 1244  availability of exclusions for windstorm or contents.—
 1245         (1) An insurer issuing a residential property insurance
 1246  policy must provide windstorm coverage. Except as provided in
 1247  paragraph (2)(c), this section does not apply to risks that are
 1248  eligible for wind-only coverage from Citizens Property Insurance
 1249  Corporation under s. 627.351(6), and risks that are not eligible
 1250  for coverage from Citizens Property Insurance Corporation under
 1251  s. 627.351(6)(a)3. or 5. A risk ineligible for coverage by the
 1252  corporation under s. 627.351(6)(a)3. or 5. is exempt from this
 1253  section only if the risk is located within the boundaries of the
 1254  coastal account of the corporation.
 1255         Section 8. This act shall take effect July 1, 2022.