Florida Senate - 2022                                     SB 186
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00069B-22                                           2022186__
    1                        A bill to be entitled                      
    2         An act relating to Citizens Property Insurance
    3         Corporation; amending s. 627.021, F.S.; revising
    4         applicability; amending s. 627.351, F.S.; revising the
    5         method for determining the amounts of potential
    6         surcharges to be levied against policyholders under
    7         certain circumstances; defining the term “primary
    8         residence”; revising conditions for eligibility for
    9         coverage with the corporation to require a certain
   10         minimum premium; specifying a limit for agent
   11         commission rates; providing that eligible surplus
   12         lines insurers may participate, in the same manner and
   13         on the same terms as an authorized insurer, in
   14         depopulation, take-out, or keep-out programs relating
   15         to policies removed from Citizens Property Insurance
   16         Corporation; providing certain exceptions, conditions,
   17         and requirements relating to such participation by a
   18         surplus lines insurer in the corporation’s
   19         depopulation, take-out, or keep-out programs;
   20         providing thresholds for eligibility for coverage by
   21         the corporation for risks that are offered coverage
   22         from qualified surplus lines insurers; authorizing
   23         information from underwriting files and confidential
   24         claims files to be released under certain
   25         circumstances by the corporation to specified entities
   26         that consider writing or underwriting risks insured by
   27         the corporation; specifying that only the
   28         corporation’s transfer of a policy file to an insurer,
   29         as opposed to the transfer of any file, changes the
   30         file’s public record status; making technical changes;
   31         amending s. 627.3517, F.S.; making technical changes;
   32         amending s. 627.3518, F.S., and reenacting paragraphs
   33         (6)(a) and (7)(a) of that section, relating to the
   34         Citizens Property Insurance Corporation policyholder
   35         eligibility clearinghouse program, to incorporate the
   36         amendments made to s. 627.351, F.S., in references
   37         thereto; conforming provisions to changes made by the
   38         act; providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (2) of section 627.021, Florida
   43  Statutes, is amended to read:
   44         627.021 Scope of this part.—
   45         (2) This part does not apply to:
   46         (a) Reinsurance, except joint reinsurance as provided in s.
   47  627.311.
   48         (b) Insurance against loss of or damage to aircraft, their
   49  hulls, accessories, or equipment, or against liability, other
   50  than workers’ compensation and employer’s liability, arising out
   51  of the ownership, maintenance, or use of aircraft.
   52         (c) Insurance of vessels or craft, their cargoes, marine
   53  builders’ risks, marine protection and indemnity, or other risks
   54  commonly insured under marine insurance policies.
   55         (d) Commercial inland marine insurance.
   56         (e) Except as may be specifically stated to apply, surplus
   57  lines insurance placed under the provisions of ss. 626.913
   58  626.937.
   59         Section 2. Paragraphs (b), (c), (n), (q), and (x) of
   60  subsection (6) of section 627.351, Florida Statutes, are amended
   61  to read:
   62         627.351 Insurance risk apportionment plans.—
   63         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   64         (b)1. All insurers authorized to write one or more subject
   65  lines of business in this state are subject to assessment by the
   66  corporation and, for the purposes of this subsection, are
   67  referred to collectively as “assessable insurers.” Insurers
   68  writing one or more subject lines of business in this state
   69  pursuant to part VIII of chapter 626 are not assessable
   70  insurers; however, insureds who procure one or more subject
   71  lines of business in this state pursuant to part VIII of chapter
   72  626 are subject to assessment by the corporation and are
   73  referred to collectively as “assessable insureds.” An insurer’s
   74  assessment liability begins on the first day of the calendar
   75  year following the year in which the insurer was issued a
   76  certificate of authority to transact insurance for subject lines
   77  of business in this state and terminates 1 year after the end of
   78  the first calendar year during which the insurer no longer holds
   79  a certificate of authority to transact insurance for subject
   80  lines of business in this state.
   81         2.a. All revenues, assets, liabilities, losses, and
   82  expenses of the corporation shall be divided into three separate
   83  accounts as follows:
   84         (I) A personal lines account for personal residential
   85  policies issued by the corporation which provides comprehensive,
   86  multiperil coverage on risks that are not located in areas
   87  eligible for coverage by the Florida Windstorm Underwriting
   88  Association as those areas were defined on January 1, 2002, and
   89  for policies that do not provide coverage for the peril of wind
   90  on risks that are located in such areas;
   91         (II) A commercial lines account for commercial residential
   92  and commercial nonresidential policies issued by the corporation
   93  which provides coverage for basic property perils on risks that
   94  are not located in areas eligible for coverage by the Florida
   95  Windstorm Underwriting Association as those areas were defined
   96  on January 1, 2002, and for policies that do not provide
   97  coverage for the peril of wind on risks that are located in such
   98  areas; and
   99         (III) A coastal account for personal residential policies
  100  and commercial residential and commercial nonresidential
  101  property policies issued by the corporation which provides
  102  coverage for the peril of wind on risks that are located in
  103  areas eligible for coverage by the Florida Windstorm
  104  Underwriting Association as those areas were defined on January
  105  1, 2002. The corporation may offer policies that provide
  106  multiperil coverage and shall offer policies that provide
  107  coverage only for the peril of wind for risks located in areas
  108  eligible for coverage in the coastal account. Effective July 1,
  109  2014, the corporation shall cease offering new commercial
  110  residential policies providing multiperil coverage and shall
  111  instead continue to offer commercial residential wind-only
  112  policies, and may offer commercial residential policies
  113  excluding wind. The corporation may, however, continue to renew
  114  a commercial residential multiperil policy on a building that is
  115  insured by the corporation on June 30, 2014, under a multiperil
  116  policy. In issuing multiperil coverage, the corporation may use
  117  its approved policy forms and rates for the personal lines
  118  account. An applicant or insured who is eligible to purchase a
  119  multiperil policy from the corporation may purchase a multiperil
  120  policy from an authorized insurer without prejudice to the
  121  applicant’s or insured’s eligibility to prospectively purchase a
  122  policy that provides coverage only for the peril of wind from
  123  the corporation. An applicant or insured who is eligible for a
  124  corporation policy that provides coverage only for the peril of
  125  wind may elect to purchase or retain such policy and also
  126  purchase or retain coverage excluding wind from an authorized
  127  insurer without prejudice to the applicant’s or insured’s
  128  eligibility to prospectively purchase a policy that provides
  129  multiperil coverage from the corporation. It is the goal of the
  130  Legislature that there be an overall average savings of 10
  131  percent or more for a policyholder who currently has a wind-only
  132  policy with the corporation, and an ex-wind policy with a
  133  voluntary insurer or the corporation, and who obtains a
  134  multiperil policy from the corporation. It is the intent of the
  135  Legislature that the offer of multiperil coverage in the coastal
  136  account be made and implemented in a manner that does not
  137  adversely affect the tax-exempt status of the corporation or
  138  creditworthiness of or security for currently outstanding
  139  financing obligations or credit facilities of the coastal
  140  account, the personal lines account, or the commercial lines
  141  account. The coastal account must also include quota share
  142  primary insurance under subparagraph (c)2. The area eligible for
  143  coverage under the coastal account also includes the area within
  144  Port Canaveral, which is bordered on the south by the City of
  145  Cape Canaveral, bordered on the west by the Banana River, and
  146  bordered on the north by Federal Government property.
  147         b. The three separate accounts must be maintained as long
  148  as financing obligations entered into by the Florida Windstorm
  149  Underwriting Association or Residential Property and Casualty
  150  Joint Underwriting Association are outstanding, in accordance
  151  with the terms of the corresponding financing documents. If the
  152  financing obligations are no longer outstanding, the corporation
  153  may use a single account for all revenues, assets, liabilities,
  154  losses, and expenses of the corporation. Consistent with this
  155  subparagraph and prudent investment policies that minimize the
  156  cost of carrying debt, the board shall exercise its best efforts
  157  to retire existing debt or obtain the approval of necessary
  158  parties to amend the terms of existing debt, so as to structure
  159  the most efficient plan for consolidating the three separate
  160  accounts into a single account.
  161         c. Creditors of the Residential Property and Casualty Joint
  162  Underwriting Association and the accounts specified in sub-sub
  163  subparagraphs a.(I) and (II) may have a claim against, and
  164  recourse to, those accounts and no claim against, or recourse
  165  to, the account referred to in sub-sub-subparagraph a.(III).
  166  Creditors of the Florida Windstorm Underwriting Association have
  167  a claim against, and recourse to, the account referred to in
  168  sub-sub-subparagraph a.(III) and no claim against, or recourse
  169  to, the accounts referred to in sub-sub-subparagraphs a.(I) and
  170  (II).
  171         d. Revenues, assets, liabilities, losses, and expenses not
  172  attributable to particular accounts shall be prorated among the
  173  accounts.
  174         e. The Legislature finds that the revenues of the
  175  corporation are revenues that are necessary to meet the
  176  requirements set forth in documents authorizing the issuance of
  177  bonds under this subsection.
  178         f. The income of the corporation may not inure to the
  179  benefit of any private person.
  180         3. With respect to a deficit in an account:
  181         a. After accounting for the Citizens policyholder surcharge
  182  imposed under sub-subparagraph i., if the remaining projected
  183  deficit incurred in the coastal account in a particular calendar
  184  year:
  185         (I) Is not greater than 2 percent of the aggregate
  186  statewide direct written premium for the subject lines of
  187  business for the prior calendar year, the entire deficit shall
  188  be recovered through regular assessments of assessable insurers
  189  under paragraph (q) and assessable insureds.
  190         (II) Exceeds 2 percent of the aggregate statewide direct
  191  written premium for the subject lines of business for the prior
  192  calendar year, the corporation shall levy regular assessments on
  193  assessable insurers under paragraph (q) and on assessable
  194  insureds in an amount equal to the greater of 2 percent of the
  195  projected deficit or 2 percent of the aggregate statewide direct
  196  written premium for the subject lines of business for the prior
  197  calendar year. Any remaining projected deficit shall be
  198  recovered through emergency assessments under sub-subparagraph
  199  d.
  200         b. Each assessable insurer’s share of the amount being
  201  assessed under sub-subparagraph a. must be in the proportion
  202  that the assessable insurer’s direct written premium for the
  203  subject lines of business for the year preceding the assessment
  204  bears to the aggregate statewide direct written premium for the
  205  subject lines of business for that year. The assessment
  206  percentage applicable to each assessable insured is the ratio of
  207  the amount being assessed under sub-subparagraph a. to the
  208  aggregate statewide direct written premium for the subject lines
  209  of business for the prior year. Assessments levied by the
  210  corporation on assessable insurers under sub-subparagraph a.
  211  must be paid as required by the corporation’s plan of operation
  212  and paragraph (q). Assessments levied by the corporation on
  213  assessable insureds under sub-subparagraph a. shall be collected
  214  by the surplus lines agent at the time the surplus lines agent
  215  collects the surplus lines tax required by s. 626.932, and paid
  216  to the Florida Surplus Lines Service Office at the time the
  217  surplus lines agent pays the surplus lines tax to that office.
  218  Upon receipt of regular assessments from surplus lines agents,
  219  the Florida Surplus Lines Service Office shall transfer the
  220  assessments directly to the corporation as determined by the
  221  corporation.
  222         c. After accounting for the Citizens policyholder surcharge
  223  imposed under sub-subparagraph i., the remaining projected
  224  deficits in the personal lines account and in the commercial
  225  lines account in a particular calendar year shall be recovered
  226  through emergency assessments under sub-subparagraph d.
  227         d. Upon a determination by the board of governors that a
  228  projected deficit in an account exceeds the amount that is
  229  expected to be recovered through regular assessments under sub
  230  subparagraph a., plus the amount that is expected to be
  231  recovered through surcharges under sub-subparagraph i., the
  232  board, after verification by the office, shall levy emergency
  233  assessments for as many years as necessary to cover the
  234  deficits, to be collected by assessable insurers and the
  235  corporation and collected from assessable insureds upon issuance
  236  or renewal of policies for subject lines of business, excluding
  237  National Flood Insurance policies. The amount collected in a
  238  particular year must be a uniform percentage of that year’s
  239  direct written premium for subject lines of business and all
  240  accounts of the corporation, excluding National Flood Insurance
  241  Program policy premiums, as annually determined by the board and
  242  verified by the office. The office shall verify the arithmetic
  243  calculations involved in the board’s determination within 30
  244  days after receipt of the information on which the determination
  245  was based. The office shall notify assessable insurers and the
  246  Florida Surplus Lines Service Office of the date on which
  247  assessable insurers shall begin to collect and assessable
  248  insureds shall begin to pay such assessment. The date must be at
  249  least 90 days after the date the corporation levies emergency
  250  assessments pursuant to this sub-subparagraph. Notwithstanding
  251  any other provision of law, the corporation and each assessable
  252  insurer that writes subject lines of business shall collect
  253  emergency assessments from its policyholders without such
  254  obligation being affected by any credit, limitation, exemption,
  255  or deferment. Emergency assessments levied by the corporation on
  256  assessable insureds shall be collected by the surplus lines
  257  agent at the time the surplus lines agent collects the surplus
  258  lines tax required by s. 626.932 and paid to the Florida Surplus
  259  Lines Service Office at the time the surplus lines agent pays
  260  the surplus lines tax to that office. The emergency assessments
  261  collected shall be transferred directly to the corporation on a
  262  periodic basis as determined by the corporation and held by the
  263  corporation solely in the applicable account. The aggregate
  264  amount of emergency assessments levied for an account in any
  265  calendar year may be less than but may not exceed the greater of
  266  10 percent of the amount needed to cover the deficit, plus
  267  interest, fees, commissions, required reserves, and other costs
  268  associated with financing the original deficit, or 10 percent of
  269  the aggregate statewide direct written premium for subject lines
  270  of business and all accounts of the corporation for the prior
  271  year, plus interest, fees, commissions, required reserves, and
  272  other costs associated with financing the deficit.
  273         e. The corporation may pledge the proceeds of assessments,
  274  projected recoveries from the Florida Hurricane Catastrophe
  275  Fund, other insurance and reinsurance recoverables, policyholder
  276  surcharges and other surcharges, and other funds available to
  277  the corporation as the source of revenue for and to secure bonds
  278  issued under paragraph (q), bonds or other indebtedness issued
  279  under subparagraph (c)3., or lines of credit or other financing
  280  mechanisms issued or created under this subsection, or to retire
  281  any other debt incurred as a result of deficits or events giving
  282  rise to deficits, or in any other way that the board determines
  283  will efficiently recover such deficits. The purpose of the lines
  284  of credit or other financing mechanisms is to provide additional
  285  resources to assist the corporation in covering claims and
  286  expenses attributable to a catastrophe. As used in this
  287  subsection, the term “assessments” includes regular assessments
  288  under sub-subparagraph a. or subparagraph (q)1. and emergency
  289  assessments under sub-subparagraph d. Emergency assessments
  290  collected under sub-subparagraph d. are not part of an insurer’s
  291  rates, are not premium, and are not subject to premium tax,
  292  fees, or commissions; however, failure to pay the emergency
  293  assessment shall be treated as failure to pay premium. The
  294  emergency assessments shall continue as long as any bonds issued
  295  or other indebtedness incurred with respect to a deficit for
  296  which the assessment was imposed remain outstanding, unless
  297  adequate provision has been made for the payment of such bonds
  298  or other indebtedness pursuant to the documents governing such
  299  bonds or indebtedness.
  300         f. As used in this subsection for purposes of any deficit
  301  incurred on or after January 25, 2007, the term “subject lines
  302  of business” means insurance written by assessable insurers or
  303  procured by assessable insureds for all property and casualty
  304  lines of business in this state, but not including workers’
  305  compensation or medical malpractice. As used in this sub
  306  subparagraph, the term “property and casualty lines of business”
  307  includes all lines of business identified on Form 2, Exhibit of
  308  Premiums and Losses, in the annual statement required of
  309  authorized insurers under s. 624.424 and any rule adopted under
  310  this section, except for those lines identified as accident and
  311  health insurance and except for policies written under the
  312  National Flood Insurance Program or the Federal Crop Insurance
  313  Program. For purposes of this sub-subparagraph, the term
  314  “workers’ compensation” includes both workers’ compensation
  315  insurance and excess workers’ compensation insurance.
  316         g. The Florida Surplus Lines Service Office shall determine
  317  annually the aggregate statewide written premium in subject
  318  lines of business procured by assessable insureds and report
  319  that information to the corporation in a form and at a time the
  320  corporation specifies to ensure that the corporation can meet
  321  the requirements of this subsection and the corporation’s
  322  financing obligations.
  323         h. The Florida Surplus Lines Service Office shall verify
  324  the proper application by surplus lines agents of assessment
  325  percentages for regular assessments and emergency assessments
  326  levied under this subparagraph on assessable insureds and assist
  327  the corporation in ensuring the accurate, timely collection and
  328  payment of assessments by surplus lines agents as required by
  329  the corporation.
  330         i. Upon determination by the board of governors that an
  331  account has a projected deficit, the board shall levy a Citizens
  332  policyholder surcharge against all policyholders of the
  333  corporation.
  334         (I) The surcharge must shall be levied as a uniform
  335  percentage of the premium for the policy of up to 15 percent of
  336  such premium, and must which funds shall be used to offset the
  337  deficit, as follows:
  338         (A)If the total number of policyholders of the corporation
  339  is less than 1 million, a surcharge of 15 percent of the
  340  premium.
  341         (B)If the total number of policyholders of the corporation
  342  is at least 1 million but less than 1.5 million, a surcharge of
  343  20 percent of the premium.
  344         (C)If the total number of policyholders of the corporation
  345  is at least 1.5 million, a surcharge of 25 percent of the
  346  premium.
  347         (II) The surcharge is payable upon cancellation or
  348  termination of the policy, upon renewal of the policy, or upon
  349  issuance of a new policy by the corporation within the first 12
  350  months after the date of the levy or the period of time
  351  necessary to fully collect the surcharge amount.
  352         (III) The corporation may not levy any regular assessments
  353  under paragraph (q) pursuant to sub-subparagraph a. or sub
  354  subparagraph b. with respect to a particular year’s deficit
  355  until the corporation has first levied the full amount of the
  356  surcharge authorized by this sub-subparagraph.
  357         (IV) The surcharge is not considered premium and is not
  358  subject to commissions, fees, or premium taxes. However, failure
  359  to pay the surcharge shall be treated as failure to pay premium.
  360         j. If the amount of any assessments or surcharges collected
  361  from corporation policyholders, assessable insurers or their
  362  policyholders, or assessable insureds exceeds the amount of the
  363  deficits, such excess amounts shall be remitted to and retained
  364  by the corporation in a reserve to be used by the corporation,
  365  as determined by the board of governors and approved by the
  366  office, to pay claims or reduce any past, present, or future
  367  plan-year deficits or to reduce outstanding debt.
  368         (c) The corporation’s plan of operation:
  369         1. Must provide for adoption of residential property and
  370  casualty insurance policy forms and commercial residential and
  371  nonresidential property insurance forms, which must be approved
  372  by the office before use. The corporation shall adopt the
  373  following policy forms:
  374         a. Standard personal lines policy forms that are
  375  comprehensive multiperil policies providing full coverage of a
  376  residential property equivalent to the coverage provided in the
  377  private insurance market under an HO-3, HO-4, or HO-6 policy.
  378         b. Basic personal lines policy forms that are policies
  379  similar to an HO-8 policy or a dwelling fire policy that provide
  380  coverage meeting the requirements of the secondary mortgage
  381  market, but which is more limited than the coverage under a
  382  standard policy.
  383         c. Commercial lines residential and nonresidential policy
  384  forms that are generally similar to the basic perils of full
  385  coverage obtainable for commercial residential structures and
  386  commercial nonresidential structures in the admitted voluntary
  387  market.
  388         d. Personal lines and commercial lines residential property
  389  insurance forms that cover the peril of wind only. The forms are
  390  applicable only to residential properties located in areas
  391  eligible for coverage under the coastal account referred to in
  392  sub-subparagraph (b)2.a.
  393         e. Commercial lines nonresidential property insurance forms
  394  that cover the peril of wind only. The forms are applicable only
  395  to nonresidential properties located in areas eligible for
  396  coverage under the coastal account referred to in sub
  397  subparagraph (b)2.a.
  398         f. The corporation may adopt variations of the policy forms
  399  listed in sub-subparagraphs a.-e. which contain more restrictive
  400  coverage.
  401         g. Effective January 1, 2013, the corporation shall offer a
  402  basic personal lines policy similar to an HO-8 policy with
  403  dwelling repair based on common construction materials and
  404  methods.
  405         2. Must provide that the corporation adopt a program in
  406  which the corporation and authorized insurers enter into quota
  407  share primary insurance agreements for hurricane coverage, as
  408  defined in s. 627.4025(2)(a), for eligible risks, and adopt
  409  property insurance forms for eligible risks which cover the
  410  peril of wind only.
  411         a. As used in this subsection, the term:
  412         (II)“Primary residence” means the dwelling that the
  413  insured has represented as their permanent home on the insurance
  414  application or otherwise to the corporation.
  415         (III)(I) “Quota share primary insurance” means an
  416  arrangement in which the primary hurricane coverage of an
  417  eligible risk is provided in specified percentages by the
  418  corporation and an authorized insurer. The corporation and
  419  authorized insurer are each solely responsible for a specified
  420  percentage of hurricane coverage of an eligible risk as set
  421  forth in a quota share primary insurance agreement between the
  422  corporation and an authorized insurer and the insurance
  423  contract. The responsibility of the corporation or authorized
  424  insurer to pay its specified percentage of hurricane losses of
  425  an eligible risk, as set forth in the agreement, may not be
  426  altered by the inability of the other party to pay its specified
  427  percentage of losses. Eligible risks that are provided hurricane
  428  coverage through a quota share primary insurance arrangement
  429  must be provided policy forms that set forth the obligations of
  430  the corporation and authorized insurer under the arrangement,
  431  clearly specify the percentages of quota share primary insurance
  432  provided by the corporation and authorized insurer, and
  433  conspicuously and clearly state that the authorized insurer and
  434  the corporation may not be held responsible beyond their
  435  specified percentage of coverage of hurricane losses.
  436         (I)(II) “Eligible risks” means personal lines residential
  437  and commercial lines residential risks that meet the
  438  underwriting criteria of the corporation and are located in
  439  areas that were eligible for coverage by the Florida Windstorm
  440  Underwriting Association on January 1, 2002.
  441         b. The corporation may enter into quota share primary
  442  insurance agreements with authorized insurers at corporation
  443  coverage levels of 90 percent and 50 percent.
  444         c. If the corporation determines that additional coverage
  445  levels are necessary to maximize participation in quota share
  446  primary insurance agreements by authorized insurers, the
  447  corporation may establish additional coverage levels. However,
  448  the corporation’s quota share primary insurance coverage level
  449  may not exceed 90 percent.
  450         d. Any quota share primary insurance agreement entered into
  451  between an authorized insurer and the corporation must provide
  452  for a uniform specified percentage of coverage of hurricane
  453  losses, by county or territory as set forth by the corporation
  454  board, for all eligible risks of the authorized insurer covered
  455  under the agreement.
  456         e. Any quota share primary insurance agreement entered into
  457  between an authorized insurer and the corporation is subject to
  458  review and approval by the office. However, such agreement shall
  459  be authorized only as to insurance contracts entered into
  460  between an authorized insurer and an insured who is already
  461  insured by the corporation for wind coverage.
  462         f. For all eligible risks covered under quota share primary
  463  insurance agreements, the exposure and coverage levels for both
  464  the corporation and authorized insurers shall be reported by the
  465  corporation to the Florida Hurricane Catastrophe Fund. For all
  466  policies of eligible risks covered under such agreements, the
  467  corporation and the authorized insurer must maintain complete
  468  and accurate records for the purpose of exposure and loss
  469  reimbursement audits as required by fund rules. The corporation
  470  and the authorized insurer shall each maintain duplicate copies
  471  of policy declaration pages and supporting claims documents.
  472         g. The corporation board shall establish in its plan of
  473  operation standards for quota share agreements which ensure that
  474  there is no discriminatory application among insurers as to the
  475  terms of the agreements, pricing of the agreements, incentive
  476  provisions if any, and consideration paid for servicing policies
  477  or adjusting claims.
  478         h. The quota share primary insurance agreement between the
  479  corporation and an authorized insurer must set forth the
  480  specific terms under which coverage is provided, including, but
  481  not limited to, the sale and servicing of policies issued under
  482  the agreement by the insurance agent of the authorized insurer
  483  producing the business, the reporting of information concerning
  484  eligible risks, the payment of premium to the corporation, and
  485  arrangements for the adjustment and payment of hurricane claims
  486  incurred on eligible risks by the claims adjuster and personnel
  487  of the authorized insurer. Entering into a quota sharing
  488  insurance agreement between the corporation and an authorized
  489  insurer is voluntary and at the discretion of the authorized
  490  insurer.
  491         3. May provide that the corporation may employ or otherwise
  492  contract with individuals or other entities to provide
  493  administrative or professional services that may be appropriate
  494  to effectuate the plan. The corporation may borrow funds by
  495  issuing bonds or by incurring other indebtedness, and shall have
  496  other powers reasonably necessary to effectuate the requirements
  497  of this subsection, including, without limitation, the power to
  498  issue bonds and incur other indebtedness in order to refinance
  499  outstanding bonds or other indebtedness. The corporation may
  500  seek judicial validation of its bonds or other indebtedness
  501  under chapter 75. The corporation may issue bonds or incur other
  502  indebtedness, or have bonds issued on its behalf by a unit of
  503  local government pursuant to subparagraph (q)2. in the absence
  504  of a hurricane or other weather-related event, upon a
  505  determination by the corporation, subject to approval by the
  506  office, that such action would enable it to efficiently meet the
  507  financial obligations of the corporation and that such
  508  financings are reasonably necessary to effectuate the
  509  requirements of this subsection. The corporation may take all
  510  actions needed to facilitate tax-free status for such bonds or
  511  indebtedness, including formation of trusts or other affiliated
  512  entities. The corporation may pledge assessments, projected
  513  recoveries from the Florida Hurricane Catastrophe Fund, other
  514  reinsurance recoverables, policyholder surcharges and other
  515  surcharges, and other funds available to the corporation as
  516  security for bonds or other indebtedness. In recognition of s.
  517  10, Art. I of the State Constitution, prohibiting the impairment
  518  of obligations of contracts, it is the intent of the Legislature
  519  that no action be taken whose purpose is to impair any bond
  520  indenture or financing agreement or any revenue source committed
  521  by contract to such bond or other indebtedness.
  522         4. Must require that the corporation operate subject to the
  523  supervision and approval of a board of governors consisting of
  524  nine individuals who are residents of this state and who are
  525  from different geographical areas of this the state, one of whom
  526  is appointed by the Governor and serves solely to advocate on
  527  behalf of the consumer. The appointment of a consumer
  528  representative by the Governor is deemed to be within the scope
  529  of the exemption provided in s. 112.313(7)(b) and is in addition
  530  to the appointments authorized under sub-subparagraph a.
  531         a. The Governor, the Chief Financial Officer, the President
  532  of the Senate, and the Speaker of the House of Representatives
  533  shall each appoint two members of the board. At least one of the
  534  two members appointed by each appointing officer must have
  535  demonstrated expertise in insurance and be deemed to be within
  536  the scope of the exemption provided in s. 112.313(7)(b). The
  537  Chief Financial Officer shall designate one of the appointees as
  538  chair. All board members serve at the pleasure of the appointing
  539  officer. All members of the board are subject to removal at will
  540  by the officers who appointed them. All board members, including
  541  the chair, must be appointed to serve for 3-year terms beginning
  542  annually on a date designated by the plan. However, for the
  543  first term beginning on or after July 1, 2009, each appointing
  544  officer shall appoint one member of the board for a 2-year term
  545  and one member for a 3-year term. A board vacancy shall be
  546  filled for the unexpired term by the appointing officer. The
  547  Chief Financial Officer shall appoint a technical advisory group
  548  to provide information and advice to the board in connection
  549  with the board’s duties under this subsection. The executive
  550  director and senior managers of the corporation shall be engaged
  551  by the board and serve at the pleasure of the board. Any
  552  executive director appointed on or after July 1, 2006, is
  553  subject to confirmation by the Senate. The executive director is
  554  responsible for employing other staff as the corporation may
  555  require, subject to review and concurrence by the board.
  556         b. The board shall create a Market Accountability Advisory
  557  Committee to assist the corporation in developing awareness of
  558  its rates and its customer and agent service levels in
  559  relationship to the voluntary market insurers writing similar
  560  coverage.
  561         (I) The members of the advisory committee consist of the
  562  following 11 persons, one of whom must be elected chair by the
  563  members of the committee: four representatives, one appointed by
  564  the Florida Association of Insurance Agents, one by the Florida
  565  Association of Insurance and Financial Advisors, one by the
  566  Professional Insurance Agents of Florida, and one by the Latin
  567  American Association of Insurance Agencies; three
  568  representatives appointed by the insurers with the three highest
  569  voluntary market share of residential property insurance
  570  business in this the state; one representative from the Office
  571  of Insurance Regulation; one consumer appointed by the board who
  572  is insured by the corporation at the time of appointment to the
  573  committee; one representative appointed by the Florida
  574  Association of Realtors; and one representative appointed by the
  575  Florida Bankers Association. All members shall be appointed to
  576  3-year terms and may serve for consecutive terms.
  577         (II) The committee shall report to the corporation at each
  578  board meeting on insurance market issues that which may include
  579  rates and rate competition with the voluntary market; service,
  580  including policy issuance, claims processing, and general
  581  responsiveness to policyholders, applicants, and agents; and
  582  matters relating to depopulation.
  583         5. Must provide a procedure for determining the eligibility
  584  of a risk for coverage, as follows:
  585         a. Subject to s. 627.3517, with respect to personal lines
  586  residential risks, if the risk is offered coverage from an
  587  authorized insurer at the insurer’s approved rate under a
  588  standard policy including wind coverage or, if consistent with
  589  the insurer’s underwriting rules as filed with the office, a
  590  basic policy including wind coverage, for a new application to
  591  the corporation for coverage, the risk is not eligible for any
  592  policy issued by the corporation unless the premium for coverage
  593  from the authorized insurer is more than 20 percent greater than
  594  the premium for comparable coverage from the corporation.
  595  Whenever an offer of coverage for a personal lines residential
  596  risk is received for a policyholder of the corporation at
  597  renewal from an authorized insurer, if the offer is equal to or
  598  less than the corporation’s renewal premium for comparable
  599  coverage, the risk is not eligible for coverage with the
  600  corporation unless the premium for comparable coverage from the
  601  authorized insurer is more than 20 percent greater than the
  602  premium under subparagraph (n)1. for personal residential
  603  properties that are not the insured’s primary residence. If the
  604  risk is not able to obtain such offer, the risk is eligible for
  605  a standard policy including wind coverage or a basic policy
  606  including wind coverage issued by the corporation; however, if
  607  the risk could not be insured under a standard policy including
  608  wind coverage regardless of market conditions, the risk is
  609  eligible for a basic policy including wind coverage unless
  610  rejected under subparagraph 8. However, a policyholder removed
  611  from the corporation through an assumption agreement remains
  612  eligible for coverage from the corporation until the end of the
  613  assumption period. The corporation shall determine the type of
  614  policy to be provided on the basis of objective standards
  615  specified in the underwriting manual and based on generally
  616  accepted underwriting practices.
  617         (I) If the risk accepts an offer of coverage through the
  618  market assistance plan or through a mechanism established by the
  619  corporation other than a plan established by s. 627.3518, before
  620  a policy is issued to the risk by the corporation or during the
  621  first 30 days of coverage by the corporation, and the producing
  622  agent who submitted the application to the plan or to the
  623  corporation is not currently appointed by the insurer, the
  624  insurer shall:
  625         (A) Pay to the producing agent of record of the policy for
  626  the first year, an amount that is the greater of the insurer’s
  627  usual and customary commission for the type of policy written or
  628  a fee equal to the usual and customary commission of the
  629  corporation; or
  630         (B) Offer to allow the producing agent of record of the
  631  policy to continue servicing the policy for at least 1 year and
  632  offer to pay the agent the greater of the insurer’s or the
  633  corporation’s usual and customary commission for the type of
  634  policy written.
  635  
  636  If the producing agent is unwilling or unable to accept
  637  appointment, the new insurer shall pay the agent in accordance
  638  with sub-sub-sub-subparagraph (A).
  639         (II) If the corporation enters into a contractual agreement
  640  for a take-out plan, the producing agent of record of the
  641  corporation policy is entitled to retain any unearned commission
  642  on the policy, and the insurer shall:
  643         (A) Pay to the producing agent of record, for the first
  644  year, an amount that is the greater of the insurer’s usual and
  645  customary commission for the type of policy written or a fee
  646  equal to the usual and customary commission of the corporation;
  647  or
  648         (B) Offer to allow the producing agent of record to
  649  continue servicing the policy for at least 1 year and offer to
  650  pay the agent the greater of the insurer’s or the corporation’s
  651  usual and customary commission for the type of policy written.
  652  
  653  If the producing agent is unwilling or unable to accept
  654  appointment, the new insurer shall pay the agent in accordance
  655  with sub-sub-sub-subparagraph (A).
  656         b. With respect to commercial lines residential risks, for
  657  a new application to the corporation for coverage, if the risk
  658  is offered coverage under a policy including wind coverage from
  659  an authorized insurer at its approved rate, the risk is not
  660  eligible for a policy issued by the corporation unless the
  661  premium for coverage from the authorized insurer is more than 15
  662  percent greater than the premium for comparable coverage from
  663  the corporation. Whenever an offer of coverage for a commercial
  664  lines residential risk is received for a policyholder of the
  665  corporation at renewal from an authorized insurer, if the offer
  666  is equal to or less than the corporation’s renewal premium for
  667  comparable coverage, the risk is not eligible for coverage with
  668  the corporation. If the risk is not able to obtain any such
  669  offer, the risk is eligible for a policy including wind coverage
  670  issued by the corporation. However, a policyholder removed from
  671  the corporation through an assumption agreement remains eligible
  672  for coverage from the corporation until the end of the
  673  assumption period.
  674         (I) If the risk accepts an offer of coverage through the
  675  market assistance plan or through a mechanism established by the
  676  corporation other than a plan established by s. 627.3518, before
  677  a policy is issued to the risk by the corporation or during the
  678  first 30 days of coverage by the corporation, and the producing
  679  agent who submitted the application to the plan or the
  680  corporation is not currently appointed by the insurer, the
  681  insurer shall:
  682         (A) Pay to the producing agent of record of the policy, for
  683  the first year, an amount that is the greater of the insurer’s
  684  usual and customary commission for the type of policy written or
  685  a fee equal to the usual and customary commission of the
  686  corporation; or
  687         (B) Offer to allow the producing agent of record of the
  688  policy to continue servicing the policy for at least 1 year and
  689  offer to pay the agent the greater of the insurer’s or the
  690  corporation’s usual and customary commission for the type of
  691  policy written.
  692  
  693  If the producing agent is unwilling or unable to accept
  694  appointment, the new insurer shall pay the agent in accordance
  695  with sub-sub-sub-subparagraph (A).
  696         (II) If the corporation enters into a contractual agreement
  697  for a take-out plan, the producing agent of record of the
  698  corporation policy is entitled to retain any unearned commission
  699  on the policy, and the insurer shall:
  700         (A) Pay to the producing agent of record, for the first
  701  year, an amount that is the greater of the insurer’s usual and
  702  customary commission for the type of policy written or a fee
  703  equal to the usual and customary commission of the corporation;
  704  or
  705         (B) Offer to allow the producing agent of record to
  706  continue servicing the policy for at least 1 year and offer to
  707  pay the agent the greater of the insurer’s or the corporation’s
  708  usual and customary commission for the type of policy written.
  709  
  710  If the producing agent is unwilling or unable to accept
  711  appointment, the new insurer shall pay the agent in accordance
  712  with sub-sub-sub-subparagraph (A).
  713         c. For purposes of determining comparable coverage under
  714  sub-subparagraphs a. and b., the comparison must be based on
  715  those forms and coverages that are reasonably comparable. The
  716  corporation may rely on a determination of comparable coverage
  717  and premium made by the producing agent who submits the
  718  application to the corporation, made in the agent’s capacity as
  719  the corporation’s agent. A comparison may be made solely of the
  720  premium with respect to the main building or structure only on
  721  the following basis: the same coverage A or other building
  722  limits; the same percentage hurricane deductible that applies on
  723  an annual basis or that applies to each hurricane for commercial
  724  residential property; the same percentage of ordinance and law
  725  coverage, if the same limit is offered by both the corporation
  726  and the authorized insurer; the same mitigation credits, to the
  727  extent the same types of credits are offered both by the
  728  corporation and the authorized insurer; the same method for loss
  729  payment, such as replacement cost or actual cash value, if the
  730  same method is offered both by the corporation and the
  731  authorized insurer in accordance with underwriting rules; and
  732  any other form or coverage that is reasonably comparable as
  733  determined by the board. If an application is submitted to the
  734  corporation for wind-only coverage in the coastal account, the
  735  premium for the corporation’s wind-only policy plus the premium
  736  for the ex-wind policy that is offered by an authorized insurer
  737  to the applicant must be compared to the premium for multiperil
  738  coverage offered by an authorized insurer, subject to the
  739  standards for comparison specified in this subparagraph. If the
  740  corporation or the applicant requests from the authorized
  741  insurer a breakdown of the premium of the offer by types of
  742  coverage so that a comparison may be made by the corporation or
  743  its agent and the authorized insurer refuses or is unable to
  744  provide such information, the corporation may treat the offer as
  745  not being an offer of coverage from an authorized insurer at the
  746  insurer’s approved rate.
  747         6. Must include rules for classifications of risks and
  748  rates.
  749         7. Must provide that if premium and investment income for
  750  an account attributable to a particular calendar year are in
  751  excess of projected losses and expenses for the account
  752  attributable to that year, such excess shall be held in surplus
  753  in the account. Such surplus must be available to defray
  754  deficits in that account as to future years and used for that
  755  purpose before assessing assessable insurers and assessable
  756  insureds as to any calendar year.
  757         8. Must provide objective criteria and procedures to be
  758  uniformly applied to all applicants in determining whether an
  759  individual risk is so hazardous as to be uninsurable. In making
  760  this determination and in establishing the criteria and
  761  procedures, the following must be considered:
  762         a. Whether the likelihood of a loss for the individual risk
  763  is substantially higher than for other risks of the same class;
  764  and
  765         b. Whether the uncertainty associated with the individual
  766  risk is such that an appropriate premium cannot be determined.
  767  
  768  The acceptance or rejection of a risk by the corporation must
  769  shall be construed as the private placement of insurance, and
  770  the provisions of chapter 120 does do not apply.
  771         9. Must provide that the corporation make its best efforts
  772  to procure catastrophe reinsurance at reasonable rates, to cover
  773  its projected 100-year probable maximum loss as determined by
  774  the board of governors. If catastrophe reinsurance is not
  775  available at reasonable rates, the corporation need not purchase
  776  it, but the corporation shall include the costs of reinsurance
  777  to cover its projected 100-year probable maximum loss in its
  778  rate calculations even if it does not purchase catastrophe
  779  reinsurance.
  780         10. The policies issued by the corporation must provide
  781  that if the corporation or the market assistance plan obtains an
  782  offer from an authorized insurer to cover the risk at its
  783  approved rates, the risk is no longer eligible for renewal
  784  through the corporation, except as otherwise provided in this
  785  subsection.
  786         11. Corporation policies and applications must include a
  787  notice that the corporation policy could, under this section, be
  788  replaced with a policy issued by an authorized insurer which
  789  does not provide coverage identical to the coverage provided by
  790  the corporation. The notice must also specify that acceptance of
  791  corporation coverage creates a conclusive presumption that the
  792  applicant or policyholder is aware of this potential.
  793         12. May establish, subject to approval by the office,
  794  different eligibility requirements and operational procedures
  795  for any line or type of coverage for any specified county or
  796  area if the board determines that such changes are justified due
  797  to the voluntary market being sufficiently stable and
  798  competitive in such area or for such line or type of coverage
  799  and that consumers who, in good faith, are unable to obtain
  800  insurance through the voluntary market through ordinary methods
  801  continue to have access to coverage from the corporation. If
  802  coverage is sought in connection with a real property transfer,
  803  the requirements and procedures may not provide an effective
  804  date of coverage later than the date of the closing of the
  805  transfer as established by the transferor, the transferee, and,
  806  if applicable, the lender.
  807         13. Must provide that, with respect to the coastal account,
  808  any assessable insurer with a surplus as to policyholders of $25
  809  million or less writing 25 percent or more of its total
  810  countrywide property insurance premiums in this state may
  811  petition the office, within the first 90 days of each calendar
  812  year, to qualify as a limited apportionment company. A regular
  813  assessment levied by the corporation on a limited apportionment
  814  company for a deficit incurred by the corporation for the
  815  coastal account may be paid to the corporation on a monthly
  816  basis as the assessments are collected by the limited
  817  apportionment company from its insureds, but a limited
  818  apportionment company must begin collecting the regular
  819  assessments not later than 90 days after the regular assessments
  820  are levied by the corporation, and the regular assessments must
  821  be paid in full within 15 months after being levied by the
  822  corporation. A limited apportionment company shall collect from
  823  its policyholders any emergency assessment imposed under sub
  824  subparagraph (b)3.d. The plan must provide that, if the office
  825  determines that any regular assessment will result in an
  826  impairment of the surplus of a limited apportionment company,
  827  the office may direct that all or part of such assessment be
  828  deferred as provided in subparagraph (q)4. However, an emergency
  829  assessment to be collected from policyholders under sub
  830  subparagraph (b)3.d. may not be limited or deferred.
  831         14. Must provide that the corporation appoint as its
  832  licensed agents only those agents who throughout such
  833  appointments also hold an appointment as defined in s. 626.015
  834  by an insurer who is authorized to write and is actually writing
  835  or renewing personal lines residential property coverage,
  836  commercial residential property coverage, or commercial
  837  nonresidential property coverage within this the state.
  838         15. Must provide a premium payment plan option to its
  839  policyholders which, at a minimum, allows for quarterly and
  840  semiannual payment of premiums. A monthly payment plan may, but
  841  is not required to, be offered.
  842         16. Must limit coverage on mobile homes or manufactured
  843  homes built before 1994 to actual cash value of the dwelling
  844  rather than replacement costs of the dwelling.
  845         17. Must provide coverage for manufactured or mobile home
  846  dwellings. Such coverage must also include the following
  847  attached structures:
  848         a. Screened enclosures that are aluminum framed or screened
  849  enclosures that are not covered by the same or substantially the
  850  same materials as those of the primary dwelling;
  851         b. Carports that are aluminum or carports that are not
  852  covered by the same or substantially the same materials as those
  853  of the primary dwelling; and
  854         c. Patios that have a roof covering that is constructed of
  855  materials that are not the same or substantially the same
  856  materials as those of the primary dwelling.
  857  
  858  The corporation shall make available a policy for mobile homes
  859  or manufactured homes for a minimum insured value of at least
  860  $3,000.
  861         18. May provide such limits of coverage as the board
  862  determines, consistent with the requirements of this subsection.
  863         19. May require commercial property to meet specified
  864  hurricane mitigation construction features as a condition of
  865  eligibility for coverage.
  866         20. Must provide that new or renewal policies issued by the
  867  corporation on or after January 1, 2012, which cover sinkhole
  868  loss do not include coverage for any loss to appurtenant
  869  structures, driveways, sidewalks, decks, or patios that are
  870  directly or indirectly caused by sinkhole activity. The
  871  corporation shall exclude such coverage using a notice of
  872  coverage change, which may be included with the policy renewal,
  873  and not by issuance of a notice of nonrenewal of the excluded
  874  coverage upon renewal of the current policy.
  875         21. As of January 1, 2012, must require that the agent
  876  obtain from an applicant for coverage from the corporation an
  877  acknowledgment signed by the applicant, which includes, at a
  878  minimum, the following statement:
  879  
  880                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  881                      AND ASSESSMENT LIABILITY:                    
  882  
  883         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  884  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  885  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  886  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  887  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  888  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  889  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  890  LEGISLATURE.
  891         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
  892  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
  893  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
  894  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
  895  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
  896  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
  897  ARE REGULATED AND APPROVED BY THE STATE.
  898         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  899  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  900  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  901  FLORIDA LEGISLATURE.
  902         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  903  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  904  STATE OF FLORIDA.
  905  
  906         a. The corporation shall maintain, in electronic format or
  907  otherwise, a copy of the applicant’s signed acknowledgment and
  908  provide a copy of the statement to the policyholder as part of
  909  the first renewal after the effective date of this subparagraph.
  910         b. The signed acknowledgment form creates a conclusive
  911  presumption that the policyholder understood and accepted his or
  912  her potential surcharge and assessment liability as a
  913  policyholder of the corporation.
  914         22.The corporation shall pay a producing agent of record a
  915  reasonable commission not to exceed the average of commissions
  916  paid in the preceding year by the 20 admitted insurers writing
  917  the greatest market share of property insurance in this state.
  918         (n)1. Rates for coverage provided by the corporation must
  919  be actuarially sound and subject to s. 627.062, except as
  920  otherwise provided in this paragraph. The corporation shall file
  921  its recommended rates with the office at least annually. The
  922  corporation shall provide any additional information regarding
  923  the rates which the office requires. The office shall consider
  924  the recommendations of the board and issue a final order
  925  establishing the rates for the corporation within 45 days after
  926  the recommended rates are filed. The corporation may not pursue
  927  an administrative challenge or judicial review of the final
  928  order of the office.
  929         2. In addition to the rates otherwise determined pursuant
  930  to this paragraph, the corporation shall impose and collect an
  931  amount equal to the premium tax provided in s. 624.509 to
  932  augment the financial resources of the corporation.
  933         3. If After the public hurricane loss-projection model
  934  under s. 627.06281 is has been found to be accurate and reliable
  935  by the Florida Commission on Hurricane Loss Projection
  936  Methodology, it must the model shall be considered when
  937  establishing the windstorm portion of the corporation’s rates.
  938  The corporation may use the public model results in combination
  939  with the results of private models to calculate rates for the
  940  windstorm portion of the corporation’s rates. This subparagraph
  941  does not require or allow the corporation to adopt rates lower
  942  than the rates otherwise required or allowed by this paragraph.
  943         4. The corporation must make a recommended actuarially
  944  sound rate filing for each personal and commercial line of
  945  business it writes.
  946         5. Notwithstanding the board’s recommended rates and the
  947  office’s final order regarding the corporation’s filed rates
  948  under subparagraph 1., the corporation shall annually implement
  949  a rate increase that which, except for sinkhole coverage, does
  950  not exceed the following for any single policy issued by the
  951  corporation, excluding coverage changes and surcharges:
  952         a. Eleven percent for 2022.
  953         b. Twelve percent for 2023.
  954         c. Thirteen percent for 2024.
  955         d. Fourteen percent for 2025.
  956         e. Fifteen percent for 2026 and all subsequent years.
  957         6. The corporation may also implement an increase to
  958  reflect the effect on the corporation of the cash buildup factor
  959  pursuant to s. 215.555(5)(b).
  960         7. The corporation’s implementation of rates as prescribed
  961  in subparagraph 5. must shall cease for any line of business
  962  written by the corporation upon the corporation’s implementation
  963  of actuarially sound rates. Thereafter, the corporation shall
  964  annually make a recommended actuarially sound rate filing for
  965  each commercial and personal line of business the corporation
  966  writes.
  967         (q)1. The corporation shall certify to the office its needs
  968  for annual assessments as to a particular calendar year, and for
  969  any interim assessments that it deems to be necessary to sustain
  970  operations as to a particular year pending the receipt of annual
  971  assessments. Upon verification, the office shall approve such
  972  certification, and the corporation shall levy such annual or
  973  interim assessments. Such assessments shall be prorated as
  974  provided in paragraph (b). The corporation shall take all
  975  reasonable and prudent steps necessary to collect the amount of
  976  assessments due from each assessable insurer, including, if
  977  prudent, filing suit to collect the assessments, and the office
  978  may provide such assistance to the corporation it deems
  979  appropriate. If the corporation is unable to collect an
  980  assessment from any assessable insurer, the uncollected
  981  assessments shall be levied as an additional assessment against
  982  the assessable insurers and any assessable insurer required to
  983  pay an additional assessment as a result of such failure to pay
  984  shall have a cause of action against such nonpaying assessable
  985  insurer. Assessments shall be included as an appropriate factor
  986  in the making of rates. The failure of a surplus lines agent to
  987  collect and remit any regular or emergency assessment levied by
  988  the corporation is considered to be a violation of s. 626.936
  989  and subjects the surplus lines agent to the penalties provided
  990  in that section.
  991         2. The governing body of any unit of local government, any
  992  residents of which are insured by the corporation, may issue
  993  bonds as defined in s. 125.013 or s. 166.101 from time to time
  994  to fund an assistance program, in conjunction with the
  995  corporation, for the purpose of defraying deficits of the
  996  corporation. In order to avoid needless and indiscriminate
  997  proliferation, duplication, and fragmentation of such assistance
  998  programs, any unit of local government, any residents of which
  999  are insured by the corporation, may provide for the payment of
 1000  losses, regardless of whether or not the losses occurred within
 1001  or outside of the territorial jurisdiction of the local
 1002  government. Revenue bonds under this subparagraph may not be
 1003  issued until validated pursuant to chapter 75, unless a state of
 1004  emergency is declared by executive order or proclamation of the
 1005  Governor pursuant to s. 252.36 making such findings as are
 1006  necessary to determine that it is in the best interests of, and
 1007  necessary for, the protection of the public health, safety, and
 1008  general welfare of residents of this state and declaring it an
 1009  essential public purpose to permit certain municipalities or
 1010  counties to issue such bonds as will permit relief to claimants
 1011  and policyholders of the corporation. Any such unit of local
 1012  government may enter into such contracts with the corporation
 1013  and with any other entity created pursuant to this subsection as
 1014  are necessary to carry out this paragraph. Any bonds issued
 1015  under this subparagraph shall be payable from and secured by
 1016  moneys received by the corporation from emergency assessments
 1017  under sub-subparagraph (b)3.d., and assigned and pledged to or
 1018  on behalf of the unit of local government for the benefit of the
 1019  holders of such bonds. The funds, credit, property, and taxing
 1020  power of the state or of the unit of local government may shall
 1021  not be pledged for the payment of such bonds.
 1022         3.a. The corporation shall adopt one or more programs
 1023  subject to approval by the office for the reduction of both new
 1024  and renewal writings in the corporation. Beginning January 1,
 1025  2008, any program the corporation adopts for the payment of
 1026  bonuses to an insurer for each risk the insurer removes from the
 1027  corporation shall comply with s. 627.3511(2) and may not exceed
 1028  the amount referenced in s. 627.3511(2) for each risk removed.
 1029  The corporation may consider any prudent and not unfairly
 1030  discriminatory approach to reducing corporation writings, and
 1031  may adopt a credit against assessment liability or other
 1032  liability that provides an incentive for insurers to take risks
 1033  out of the corporation and to keep risks out of the corporation
 1034  by maintaining or increasing voluntary writings in counties or
 1035  areas in which corporation risks are highly concentrated and a
 1036  program to provide a formula under which an insurer voluntarily
 1037  taking risks out of the corporation by maintaining or increasing
 1038  voluntary writings will be relieved wholly or partially from
 1039  assessments under sub-subparagraph (b)3.a. However, any “take
 1040  out bonus” or payment to an insurer must be conditioned on the
 1041  property being insured for at least 5 years by the insurer,
 1042  unless canceled or nonrenewed by the policyholder. If the policy
 1043  is canceled or nonrenewed by the policyholder before the end of
 1044  the 5-year period, the amount of the take-out bonus must be
 1045  prorated for the time period the policy was insured. When the
 1046  corporation enters into a contractual agreement for a take-out
 1047  plan, the producing agent of record of the corporation policy is
 1048  entitled to retain any unearned commission on such policy, and
 1049  the insurer shall either:
 1050         (I) Pay to the producing agent of record of the policy, for
 1051  the first year, an amount which is the greater of the insurer’s
 1052  usual and customary commission for the type of policy written or
 1053  a policy fee equal to the usual and customary commission of the
 1054  corporation; or
 1055         (II) Offer to allow the producing agent of record of the
 1056  policy to continue servicing the policy for a period of not less
 1057  than 1 year and offer to pay the agent the insurer’s usual and
 1058  customary commission for the type of policy written. If the
 1059  producing agent is unwilling or unable to accept appointment by
 1060  the new insurer, the new insurer shall pay the agent in
 1061  accordance with sub-sub-subparagraph (I).
 1062         b. Any credit or exemption from regular assessments adopted
 1063  under this subparagraph shall last no longer than the 3 years
 1064  following the cancellation or expiration of the policy by the
 1065  corporation. With the approval of the office, the board may
 1066  extend such credits for an additional year if the insurer
 1067  guarantees an additional year of renewability for all policies
 1068  removed from the corporation, or for 2 additional years if the
 1069  insurer guarantees 2 additional years of renewability for all
 1070  policies so removed.
 1071         c. There shall be no credit, limitation, exemption, or
 1072  deferment from emergency assessments to be collected from
 1073  policyholders pursuant to sub-subparagraph (b)3.d.
 1074         d. Notwithstanding any other law, for purposes of a
 1075  depopulation, take-out, or keep-out program adopted by the
 1076  corporation, including an initial or renewal offer of coverage
 1077  made to a policyholder removed from the corporation pursuant to
 1078  such program, an eligible surplus lines insurer may participate
 1079  in the program in the same manner and on the same terms as an
 1080  authorized insurer, except as provided under this sub
 1081  subparagraph.
 1082         (I) To qualify for participation, the surplus lines insurer
 1083  must first obtain approval from the office for its depopulation,
 1084  take-out, or keep-out plan and then comply with all of the
 1085  corporation’s requirements for the plan applicable to admitted
 1086  insurers and with all statutory provisions applicable to the
 1087  removal of policies from the corporation.
 1088         (II) In considering a surplus lines insurer’s request for
 1089  approval for its plan, the office shall determine whether the
 1090  surplus lines insurer meets the following requirements:
 1091         (A) Maintains a surplus of $50 million on a company or
 1092  pooled basis;
 1093         (B)Has a superior, excellent, exceptional, or equally
 1094  comparable financial strength rating by a rating agency
 1095  acceptable to the office;
 1096         (C) Maintains reserves, surplus, reinsurance, and
 1097  reinsurance equivalents sufficient to cover the insurer’s 100
 1098  year probable maximum hurricane loss at least twice in a single
 1099  hurricane season and submits such reinsurance to the office to
 1100  review for purposes of the take-out;
 1101         (D) Provides prominent notice to the policyholder before
 1102  the assumption of the policy that surplus lines policies are not
 1103  provided coverage by the Florida Insurance Guaranty Association
 1104  and provides an outline of any substantial differences in
 1105  coverage between the existing policy and the policy being
 1106  offered to the insured; and
 1107         (E) Provides policy coverage similar to that provided by
 1108  the corporation.
 1109         (III) To obtain approval for a plan, the surplus lines
 1110  insurer must file the following with the office:
 1111         (A) Information requested by the office to demonstrate
 1112  compliance with s. 624.404(3), including biographical
 1113  affidavits, fingerprints processed pursuant to s. 624.34, and
 1114  the results of criminal history records checks for officers and
 1115  directors of the insurer and its parent or holding company;
 1116         (B) A service-of-process consent and agreement form
 1117  executed by the insurer;
 1118         (C) Proof that the insurer has been an eligible or
 1119  authorized insurer for at least 3 years;
 1120         (D) A duly authenticated copy of the insurer’s current
 1121  audited financial statement, in English, which, in the case of
 1122  statements originally made in the currencies of other countries,
 1123  expresses all monetary values in United States dollars, at an
 1124  exchange rate then current and shown in the statement, and
 1125  including any additional information relative to the insurer as
 1126  the office may request;
 1127         (E) A complete certified copy of the latest official
 1128  financial statement required by the insurer’s domiciliary state,
 1129  if different from the statement required by sub-sub-sub
 1130  subparagraph (D); and
 1131         (F)If applicable, a copy of the United States trust
 1132  account agreement.
 1133  
 1134  This sub-sub-subparagraph does not subject any surplus lines
 1135  insurer to requirements in addition to part VIII of chapter 626.
 1136  Surplus lines brokers making an offer of coverage under this
 1137  sub-subparagraph are not required to comply with s.
 1138  626.916(1)(a), (b), (c), or (e).
 1139         (IV) Within 10 days after the date of assumption, the
 1140  surplus lines insurer assuming policies from the corporation
 1141  shall remit to the Bureau of Collateral Management within the
 1142  Department of Financial Services a special deposit equal to the
 1143  unearned premium net of unearned commissions on the assumed
 1144  block of business. The surplus lines insurer shall submit to the
 1145  office, along with the special deposit, an accounting of the
 1146  policies assumed and the amount of unearned premium for such
 1147  policies and a sworn affidavit attesting to the accuracy of the
 1148  accounting by an officer of the surplus lines insurer.
 1149  Thereafter, the surplus lines insurer shall make a filing within
 1150  10 days after the end of each calendar quarter attesting to the
 1151  unearned premium in force for the previous quarter on policies
 1152  assumed from the corporation and shall submit additional funds
 1153  with that filing if the special deposit is insufficient to cover
 1154  the unearned premium on assumed policies, or shall receive a
 1155  return of funds within 60 days if the special deposit exceeds
 1156  the amount of unearned premium required for assumed policies.
 1157  The special deposit is an asset of the surplus lines insurer
 1158  which is held by the department for the benefit of state
 1159  policyholders of the surplus lines insurer in the event of the
 1160  insolvency of the surplus lines insurer. If an order of
 1161  liquidation is entered in any state against the surplus lines
 1162  insurer, the department may use the special deposit for payment
 1163  of unearned premium or policy claims, return all or part of the
 1164  deposit to the domiciliary receiver, or use the funds in
 1165  accordance with any action authorized under part I of chapter
 1166  631 or in compliance with any order of a court having
 1167  jurisdiction over the insolvency.
 1168         (V) In advance of a surplus lines insurer assuming a
 1169  policy, surplus lines brokers representing a surplus lines
 1170  insurer on a take-out program shall obtain confirmation, in
 1171  written or e-mail form, from each producing agent stating that
 1172  the agent is willing to participate in the take-out program with
 1173  the surplus lines insurer engaging in the take-out program. The
 1174  take-out program is also subject to s. 627.3517. If a
 1175  policyholder is selected for removal from the corporation by a
 1176  surplus lines insurer and an authorized insurer, the corporation
 1177  must give priority to the offer of coverage from the authorized
 1178  insurer.
 1179         (VI)(A)A risk that has a dwelling replacement cost of
 1180  $700,000 or more or a single condominium unit that has a
 1181  combined dwelling and contents replacement cost of $700,000 or
 1182  more is not eligible for coverage by the corporation if it is
 1183  offered comparable coverage from a qualified surplus lines
 1184  insurer at a premium no greater than 15 percent above the
 1185  premium charged by the corporation.
 1186         (B)A risk that has a dwelling replacement cost below
 1187  $700,000 or a single condominium unit that has a combined
 1188  dwelling and contents replacement cost below $700,000 remains
 1189  eligible for coverage by the corporation if it is offered
 1190  coverage from a qualified surplus lines insurer.
 1191         4. The plan shall provide for the deferment, in whole or in
 1192  part, of the assessment of an assessable insurer, other than an
 1193  emergency assessment collected from policyholders pursuant to
 1194  sub-subparagraph (b)3.d., if the office finds that payment of
 1195  the assessment would endanger or impair the solvency of the
 1196  insurer. In the event an assessment against an assessable
 1197  insurer is deferred in whole or in part, the amount by which
 1198  such assessment is deferred may be assessed against the other
 1199  assessable insurers in a manner consistent with the basis for
 1200  assessments set forth in paragraph (b).
 1201         5. Effective July 1, 2007, in order to evaluate the costs
 1202  and benefits of approved take-out plans, if the corporation pays
 1203  a bonus or other payment to an insurer for an approved take-out
 1204  plan, it shall maintain a record of the address or such other
 1205  identifying information on the property or risk removed in order
 1206  to track if and when the property or risk is later insured by
 1207  the corporation.
 1208         6. Any policy taken out, assumed, or removed from the
 1209  corporation is, as of the effective date of the take-out,
 1210  assumption, or removal, direct insurance issued by the insurer
 1211  and not by the corporation, even if the corporation continues to
 1212  service the policies. This subparagraph applies to policies of
 1213  the corporation and not policies taken out, assumed, or removed
 1214  from any other entity.
 1215         7. For a policy taken out, assumed, or removed from the
 1216  corporation, the insurer may, for a period of no more than 3
 1217  years, continue to use any of the corporation’s policy forms or
 1218  endorsements that apply to the policy taken out, removed, or
 1219  assumed without obtaining approval from the office for use of
 1220  such policy form or endorsement.
 1221         (x)1. The following records of the corporation are
 1222  confidential and exempt from the provisions of s. 119.07(1) and
 1223  s. 24(a), Art. I of the State Constitution:
 1224         a. Underwriting files, except that a policyholder or an
 1225  applicant shall have access to his or her own underwriting
 1226  files. Confidential and exempt underwriting file records may
 1227  also be released to other governmental agencies upon written
 1228  request and demonstration of need; such records held by the
 1229  receiving agency remain confidential and exempt as provided
 1230  herein.
 1231         b. Claims files, until termination of all litigation and
 1232  settlement of all claims arising out of the same incident,
 1233  although portions of the claims files may remain exempt, as
 1234  otherwise provided by law. Confidential and exempt claims file
 1235  records may be released to other governmental agencies upon
 1236  written request and demonstration of need; such records held by
 1237  the receiving agency remain confidential and exempt as provided
 1238  herein.
 1239         c. Records obtained or generated by an internal auditor
 1240  pursuant to a routine audit, until the audit is completed, or if
 1241  the audit is conducted as part of an investigation, until the
 1242  investigation is closed or ceases to be active. An investigation
 1243  is considered “active” while the investigation is being
 1244  conducted with a reasonable, good faith belief that it could
 1245  lead to the filing of administrative, civil, or criminal
 1246  proceedings.
 1247         d. Matters reasonably encompassed in privileged attorney
 1248  client communications.
 1249         e. Proprietary information licensed to the corporation
 1250  under contract and the contract provides for the confidentiality
 1251  of such proprietary information.
 1252         f. All information relating to the medical condition or
 1253  medical status of a corporation employee which is not relevant
 1254  to the employee’s capacity to perform his or her duties, except
 1255  as otherwise provided in this paragraph. Information that is
 1256  exempt includes shall include, but is not limited to,
 1257  information relating to workers’ compensation, insurance
 1258  benefits, and retirement or disability benefits.
 1259         g. Upon an employee’s entrance into the employee assistance
 1260  program, a program to assist any employee who has a behavioral
 1261  or medical disorder, substance abuse problem, or emotional
 1262  difficulty that affects the employee’s job performance, all
 1263  records relative to that participation are shall be confidential
 1264  and exempt from the provisions of s. 119.07(1) and s. 24(a),
 1265  Art. I of the State Constitution, except as otherwise provided
 1266  in s. 112.0455(11).
 1267         h. Information relating to negotiations for financing,
 1268  reinsurance, depopulation, or contractual services, until the
 1269  conclusion of the negotiations.
 1270         i. Minutes of closed meetings regarding underwriting files,
 1271  and minutes of closed meetings regarding an open claims file
 1272  until termination of all litigation and settlement of all claims
 1273  with regard to that claim, except that information otherwise
 1274  confidential or exempt by law must shall be redacted.
 1275         2. If an authorized insurer, a reinsurance intermediary, an
 1276  eligible surplus lines insurer, or an entity that has filed an
 1277  application with the office for licensure as a property and
 1278  casualty insurer in this state is considering writing or
 1279  assisting in the underwriting of a risk insured by the
 1280  corporation, relevant information from both the underwriting
 1281  files and confidential claims files may be released to the
 1282  insurer, reinsurance intermediary, eligible surplus lines
 1283  insurer, or entity that has been created to seek authority to
 1284  write property insurance in this state, provided that the
 1285  recipient insurer agrees in writing, notarized and under oath,
 1286  to maintain the confidentiality of such files. If a policy file
 1287  is transferred to an insurer, that policy file is no longer a
 1288  public record because it is not held by an agency subject to the
 1289  provisions of the public records law. Underwriting files and
 1290  confidential claims files may also be released to staff and the
 1291  board of governors of the market assistance plan established
 1292  pursuant to s. 627.3515, who must retain the confidentiality of
 1293  such files, except such files may be released to authorized
 1294  insurers that are considering assuming the risks to which the
 1295  files apply, provided the insurer agrees in writing, notarized
 1296  and under oath, to maintain the confidentiality of such files.
 1297  Finally, the corporation or the board or staff of the market
 1298  assistance plan may make the following information obtained from
 1299  underwriting files and confidential claims files available to an
 1300  entity that has obtained a permit to become an authorized
 1301  insurer, a reinsurer that may provide reinsurance under s.
 1302  624.610, a licensed reinsurance broker, a licensed rating
 1303  organization, a modeling company, or a licensed general lines
 1304  insurance agent: name, address, and telephone number of the
 1305  residential property owner or insured; location of the risk;
 1306  rating information; loss history; and policy type. The receiving
 1307  person must retain the confidentiality of the information
 1308  received and may use the information only for the purposes of
 1309  developing a take-out plan or a rating plan to be submitted to
 1310  the office for approval or otherwise analyzing the underwriting
 1311  of a risk or risks insured by the corporation on behalf of the
 1312  private insurance market. A licensed general lines insurance
 1313  agent may not use such information for the direct solicitation
 1314  of policyholders.
 1315         3. A policyholder who has filed suit against the
 1316  corporation has the right to discover the contents of his or her
 1317  own claims file to the same extent that discovery of such
 1318  contents would be available from a private insurer in litigation
 1319  as provided by the Florida Rules of Civil Procedure, the Florida
 1320  Evidence Code, and other applicable law. Pursuant to subpoena, a
 1321  third party has the right to discover the contents of an
 1322  insured’s or applicant’s underwriting or claims file to the same
 1323  extent that discovery of such contents would be available from a
 1324  private insurer by subpoena as provided by the Florida Rules of
 1325  Civil Procedure, the Florida Evidence Code, and other applicable
 1326  law, and subject to any confidentiality protections requested by
 1327  the corporation and agreed to by the seeking party or ordered by
 1328  the court. The corporation may release confidential underwriting
 1329  and claims file contents and information as it deems necessary
 1330  and appropriate to underwrite or service insurance policies and
 1331  claims, subject to any confidentiality protections deemed
 1332  necessary and appropriate by the corporation.
 1333         4. Portions of meetings of the corporation are exempt from
 1334  the provisions of s. 286.011 and s. 24(b), Art. I of the State
 1335  Constitution wherein confidential underwriting files or
 1336  confidential open claims files are discussed. All portions of
 1337  corporation meetings which are closed to the public shall be
 1338  recorded by a court reporter. The court reporter shall record
 1339  the times of commencement and termination of the meeting, all
 1340  discussion and proceedings, the names of all persons present at
 1341  any time, and the names of all persons speaking. No portion of
 1342  any closed meeting shall be off the record. Subject to the
 1343  provisions hereof and s. 119.07(1)(d)-(f), the court reporter’s
 1344  notes of any closed meeting shall be retained by the corporation
 1345  for a minimum of 5 years. A copy of the transcript, less any
 1346  exempt matters, of any closed meeting wherein claims are
 1347  discussed shall become public as to individual claims after
 1348  settlement of the claim.
 1349         Section 3. Section 627.3517, Florida Statutes, is amended
 1350  to read:
 1351         627.3517 Consumer choice.—No provision of s. 627.351, s.
 1352  627.3511, or s. 627.3515 shall be construed to impair the right
 1353  of any insurance risk apportionment plan policyholder, upon
 1354  receipt of any keep-out keepout or take-out offer, to retain his
 1355  or her current agent, so long as that agent is duly licensed and
 1356  appointed by the insurance risk apportionment plan or otherwise
 1357  authorized to place business with the insurance risk
 1358  apportionment plan. This right may shall not be canceled,
 1359  suspended, impeded, abridged, or otherwise compromised by any
 1360  rule, plan of operation, or depopulation plan, whether through
 1361  keep-out keepout, take-out, midterm assumption, or any other
 1362  means, of any insurance risk apportionment plan or depopulation
 1363  plan, including, but not limited to, those described in s.
 1364  627.351, s. 627.3511, or s. 627.3515. The commission shall adopt
 1365  any rules necessary to cause any insurance risk apportionment
 1366  plan or market assistance plan under such sections to
 1367  demonstrate that the operations of the plan do not interfere
 1368  with, promote, or allow interference with the rights created
 1369  under this section. If the policyholder’s current agent is
 1370  unable or unwilling to be appointed with the insurer making the
 1371  take-out or keep-out keepout offer, the policyholder is shall
 1372  not be disqualified from participation in the appropriate
 1373  insurance risk apportionment plan because of an offer of
 1374  coverage in the voluntary market. An offer of full property
 1375  insurance coverage by the insurer currently insuring either the
 1376  ex-wind or wind-only coverage on the policy to which the offer
 1377  applies is shall not be considered a take-out or keep-out
 1378  keepout offer. Any rule, plan of operation, or plan of
 1379  depopulation, through keep-out keepout, take-out, midterm
 1380  assumption, or any other means, of any property insurance risk
 1381  apportionment plan under s. 627.351(2) or (6) is subject to ss.
 1382  627.351(2)(b) and (6)(c) and 627.3511(4).
 1383         Section 4. Subsection (5) of section 627.3518, Florida
 1384  Statutes, is amended, and paragraph (a) of subsection (6) and
 1385  paragraph (a) of subsection (7) of that section are reenacted,
 1386  to read:
 1387         627.3518 Citizens Property Insurance Corporation
 1388  policyholder eligibility clearinghouse program.—The purpose of
 1389  this section is to provide a framework for the corporation to
 1390  implement a clearinghouse program by January 1, 2014.
 1391         (5) Notwithstanding s. 627.3517, any applicant for new
 1392  coverage from the corporation is not eligible for coverage from
 1393  the corporation if provided an offer of coverage from an
 1394  authorized insurer through the program at a premium that is at
 1395  or below the eligibility threshold established in s.
 1396  627.351(6)(c)5.a. Whenever an offer of coverage for a personal
 1397  lines risk is received for a policyholder of the corporation at
 1398  renewal from an authorized insurer through the program, if the
 1399  offer is at or below the eligibility threshold specified in s.
 1400  627.351(6)(c)5.a. equal to or less than the corporation’s
 1401  renewal premium for comparable coverage, the risk is not
 1402  eligible for coverage with the corporation. In the event that an
 1403  offer of coverage for a new applicant or a personal lines risk
 1404  at renewal is received from an authorized insurer through the
 1405  program, and the premium offered exceeds the eligibility
 1406  thresholds specified threshold contained in s.
 1407  627.351(6)(c)5.a., the applicant or insured may elect to accept
 1408  such coverage, or may elect to accept or continue coverage with
 1409  the corporation. In the event an offer of coverage for a
 1410  personal lines risk is received from an authorized insurer at
 1411  renewal through the program, and the premium offered is more
 1412  than the corporation’s renewal premium for comparable coverage,
 1413  the insured may elect to accept such coverage, or may elect to
 1414  accept or continue coverage with the corporation. Section
 1415  627.351(6)(c)5.a.(I) does not apply to an offer of coverage from
 1416  an authorized insurer obtained through the program. An applicant
 1417  for coverage from the corporation who was declared ineligible
 1418  for coverage at renewal by the corporation in the previous 36
 1419  months due to an offer of coverage pursuant to this subsection
 1420  shall be considered a renewal under this section if the
 1421  corporation determines that the authorized insurer making the
 1422  offer of coverage pursuant to this subsection continues to
 1423  insure the applicant and increased the rate on the policy in
 1424  excess of the increase allowed for the corporation under s.
 1425  627.351(6)(n)5.
 1426         (6) Independent insurance agents submitting new
 1427  applications for coverage or that are the agent of record on a
 1428  renewal policy submitted to the program:
 1429         (a) Are granted and must maintain ownership and the
 1430  exclusive use of expirations, records, or other written or
 1431  electronic information directly related to such applications or
 1432  renewals written through the corporation or through an insurer
 1433  participating in the program, notwithstanding s.
 1434  627.351(6)(c)5.a.(I)(B) and (II)(B). Such ownership is granted
 1435  for as long as the insured remains with the agency or until sold
 1436  or surrendered in writing by the agent. Contracts with the
 1437  corporation or required by the corporation must not amend,
 1438  modify, interfere with, or limit such rights of ownership. Such
 1439  expirations, records, or other written or electronic information
 1440  may be used to review an application, issue a policy, or for any
 1441  other purpose necessary for placing such business through the
 1442  program.
 1443  
 1444  Applicants ineligible for coverage in accordance with subsection
 1445  (5) remain ineligible if their independent agent is unwilling or
 1446  unable to enter into a standard or limited agency agreement with
 1447  an insurer participating in the program.
 1448         (7) Exclusive agents submitting new applications for
 1449  coverage or that are the agent of record on a renewal policy
 1450  submitted to the program:
 1451         (a) Must maintain ownership and the exclusive use of
 1452  expirations, records, or other written or electronic information
 1453  directly related to such applications or renewals written
 1454  through the corporation or through an insurer participating in
 1455  the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
 1456  (II)(B). Contracts with the corporation or required by the
 1457  corporation must not amend, modify, interfere with, or limit
 1458  such rights of ownership. Such expirations, records, or other
 1459  written or electronic information may be used to review an
 1460  application, issue a policy, or for any other purpose necessary
 1461  for placing such business through the program.
 1462  
 1463  Applicants ineligible for coverage in accordance with subsection
 1464  (5) remain ineligible if their exclusive agent is unwilling or
 1465  unable to enter into a standard or limited agency agreement with
 1466  an insurer making an offer of coverage to that applicant.
 1467         Section 5. This act shall take effect January 1, 2023.