Florida Senate - 2011                              CS for SB 408
       
       
       
       By the Committee on Banking and Insurance; and Senator Richter
       
       
       
       
       597-02016-11                                           2011408c1
    1                        A bill to be entitled                      
    2         An act relating to property and casualty insurance;
    3         amending s. 215.555, F.S.; revising the definition of
    4         “losses,” relating to the Florida Hurricane
    5         Catastrophe Fund, to exclude certain losses; providing
    6         applicability; amending s. 624.407, F.S.; revising the
    7         amount of surplus funds required for domestic insurers
    8         applying for a certificate of authority after a
    9         certain date; amending s. 624.408, F.S.; revising the
   10         minimum surplus that must be maintained by certain
   11         insurers; authorizing the Office of Insurance
   12         Regulation to reduce the surplus requirement under
   13         specified circumstances; amending s. 624.4095, F.S.;
   14         excluding certain premiums for federal multiple-peril
   15         crop insurance from calculations for an insurer’s
   16         gross writing ratio; requiring insurers to disclose
   17         the gross written premiums for federal multiple-peril
   18         crop insurance in a financial statement; amending s.
   19         624.424, F.S.; revising the frequency that an insurer
   20         may use the same accountant or partner to prepare an
   21         annual audited financial report; amending s. 626.854,
   22         F.S.; providing limitations on the amount of
   23         compensation that may be received by a public adjuster
   24         for a reopened or supplemental claim; providing
   25         statements that may be considered deceptive or
   26         misleading if made in any public adjuster’s
   27         advertisement or solicitation; providing a definition
   28         for the term “written advertisement”; requiring that a
   29         disclaimer be included in any public adjuster’s
   30         written advertisement; providing requirements for such
   31         disclaimer; requiring certain persons who act on
   32         behalf of an insurer to provide notice to the insurer,
   33         claimant, public adjuster, or legal representative for
   34         an onsite inspection of the insured property;
   35         authorizing the insured or claimant to deny access to
   36         the property if notice is not provided; requiring the
   37         public adjuster to ensure prompt notice of certain
   38         property loss claims; providing that an insurer be
   39         allowed to interview the insured directly about the
   40         loss claim; prohibiting the insurer from obstructing
   41         or preventing the public adjuster from communicating
   42         with the insured; requiring that the insurer
   43         communicate with the public adjuster in an effort to
   44         reach an agreement as to the scope of the covered loss
   45         under the insurance policy; prohibiting a public
   46         adjuster from restricting or preventing persons acting
   47         on behalf of the insured from having reasonable access
   48         to the insured or the insured’s property; prohibiting
   49         a public adjuster from restricting or preventing the
   50         insured’s adjuster from having reasonable access to or
   51         inspecting the insured’s property; authorizing the
   52         insured’s adjuster to be present for the inspection;
   53         prohibiting a licensed contractor or subcontractor
   54         from adjusting a claim on behalf of an insured if such
   55         contractor or subcontractor is not a licensed public
   56         adjuster; providing an exception; amending s.
   57         626.8651, F.S.; requiring that a public adjuster
   58         apprentice complete a minimum number of hours of
   59         continuing education to qualify for licensure;
   60         amending s. 626.8796, F.S.; providing requirements for
   61         a public adjuster contract; creating s. 626.70132,
   62         F.S.; requiring that notice of a claim, supplemental
   63         claim, or reopened claim be given to the insurer
   64         within a specified period after a windstorm or
   65         hurricane occurs; providing a definition for the terms
   66         “supplemental claim” or “reopened claim”; providing
   67         applicability; repealing s. 624.0613(4), F.S.,
   68         relating to the requirement that the consumer advocate
   69         for the Chief Financial Officer prepare an annual
   70         report card for each personal residential property
   71         insurer; amending s. 627.062, F.S.; requiring that the
   72         office issue an approval rather than a notice of
   73         intent to approve following its approval of a file and
   74         use filing; deleting an obsolete provision;
   75         prohibiting the Office of Insurance Regulation from,
   76         directly or indirectly, impeding the right of an
   77         insurer to acquire policyholders, advertise or appoint
   78         agents, or regulate agent commissions; revising the
   79         information that must be included in a rate filing
   80         relating to certain reinsurance or financing products;
   81         deleting a provision that prohibited an insurer from
   82         making certain rate filings within a certain period of
   83         time after a rate increase; deleting a provision
   84         prohibiting an insurer from filing for a rate increase
   85         within 6 months after it makes certain rate filings;
   86         deleting obsolete provisions relating to legislation
   87         enacted during the 2003 Special Session D of the
   88         Legislature; amending s. 627.0629, F.S.; providing
   89         legislative intent that insurers provide consumers
   90         with accurate pricing signals for alterations in order
   91         to minimize losses, but that mitigation discounts not
   92         result in a loss of income for the insurer; requiring
   93         rate filings for residential property insurance to
   94         include actuarially reasonable debits that provide
   95         proper pricing; providing for an increase in base
   96         rates if mitigation discounts exceed the aggregate
   97         reduction in expected losses; deleting obsolete
   98         provisions; deleting a requirement that the Office of
   99         Insurance Regulation propose a method for establishing
  100         discounts, debits, credits, and other rate
  101         differentials for hurricane mitigation by a certain
  102         date; requiring the Financial Services Commission to
  103         adopt rules relating to such debits by a certain date;
  104         deleting a provision that prohibits an insurer from
  105         including an expense or profit load in the cost of
  106         reinsurance to replace the Temporary Increase in
  107         Coverage Limits; conforming provisions to changes made
  108         by the act; amending s. 627.351, F.S.; renaming the
  109         “high-risk account” as the “coastal account”; revising
  110         the conditions under which the Citizens policyholder
  111         surcharge may be imposed; providing that members of
  112         the Citizens Property Insurance Corporation Board of
  113         Governors are not prohibited from practicing in a
  114         certain profession if not prohibited by law or
  115         ordinance; prohibiting board members from voting on
  116         certain measures; deleting a requirement that the
  117         board reduce the boundaries of certain high-risk areas
  118         eligible for wind-only coverages under certain
  119         circumstances; amending s. 627.3511, F.S.; conforming
  120         provisions to changes made by the act; amending s.
  121         627.4133, F.S.; revising the requirements for
  122         providing an insured with notice of nonrenewal,
  123         cancellation, or termination of personal lines or
  124         commercial residential property insurance; authorizing
  125         an insurer to cancel policies after 45 days’ notice if
  126         the Office of Insurance Regulation determines that the
  127         cancellation of policies is necessary to protect the
  128         interests of the public or policyholders; authorizing
  129         the Office of Insurance Regulation to place an insurer
  130         under administrative supervision or appoint a receiver
  131         upon the consent of the insurer under certain
  132         circumstances; creating s. 627.43141, F.S.; providing
  133         definitions; requiring the delivery of a “Notice of
  134         Change in Policy Terms” under certain circumstances;
  135         specifying requirements for such notice; specifying
  136         actions constituting proof of notice; authorizing
  137         policy renewals to contain a change in policy terms;
  138         providing that receipt of payment by an insurer is
  139         deemed acceptance of new policy terms by an insured;
  140         providing that the original policy remains in effect
  141         until the occurrence of specified events if an insurer
  142         fails to provide notice; providing intent; amending s.
  143         627.7011, F.S.; requiring the insurer to pay the
  144         actual cash value of an insured loss for a dwelling,
  145         less any applicable deductible; requiring a
  146         policyholder to enter into a contract for the
  147         performance of building and structural repairs unless
  148         waived by the insurer; restricting insurers and
  149         contractors from requiring advance payments for
  150         repairs and expenses; authorizing an insurer to limit
  151         the initial payment for personal property to the
  152         actual cash value of the property to be replaced and
  153         to require the insured to provide receipts for
  154         purchases; requiring the insurer to provide notice of
  155         this process in the insurance contract; prohibiting an
  156         insurer from requiring the insured to advance payment;
  157         amending s. 627.70131, F.S.; specifying application of
  158         certain time periods to initial or supplemental
  159         property insurance claim notices and payments;
  160         providing legislative findings with respect to 2005
  161         statutory changes relating to sinkhole insurance
  162         coverage and statutory changes in this act; amending
  163         s. 627.706, F.S.; authorizing an insurer to limit
  164         coverage for catastrophic ground cover collapse to the
  165         principal building and to have discretion to provide
  166         additional coverage; allowing the deductible to
  167         include costs relating to an investigation of whether
  168         sinkhole activity is present; revising definitions;
  169         defining the term “structural damage”; providing an
  170         insurer with discretion to provide a policyholder with
  171         an opportunity to purchase an endorsement to sinkhole
  172         coverage; placing a 2-year statute of repose on claims
  173         for sinkhole coverage; amending s. 627.7061, F.S.;
  174         conforming provisions to changes made by the act;
  175         repealing s. 627.7065, F.S., relating to the
  176         establishment of a sinkhole database; amending s.
  177         627.707, F.S.; revising provisions relating to the
  178         investigation of sinkholes by insurers; deleting a
  179         requirement that the insurer provide a policyholder
  180         with a statement regarding testing for sinkhole
  181         activity; providing a time limitation for demanding
  182         sinkhole testing by a policyholder and entering into a
  183         contract for repairs; requiring all repairs to be
  184         completed within a certain time; providing exceptions;
  185         providing a criminal penalty on a policyholder for
  186         accepting rebates from persons performing repairs;
  187         amending s. 627.7073, F.S.; revising provisions
  188         relating to inspection reports; providing that the
  189         presumption that the report is correct shifts the
  190         burden of proof; revising the reports that an insurer
  191         must file with the clerk of the court; requiring the
  192         policyholder to file certain reports as a precondition
  193         to accepting payment; amending s. 627.7074, F.S.;
  194         revising provisions relating to neutral evaluation;
  195         requiring evaluation in order to make certain
  196         determinations; requiring that the neutral evaluator
  197         be allowed access to structures being evaluated;
  198         providing grounds for disqualifying an evaluator;
  199         allowing the Department of Financial Services to
  200         appoint an evaluator if the parties cannot come to
  201         agreement; revising the timeframes for scheduling a
  202         neutral evaluation conference; authorizing an
  203         evaluator to enlist another evaluator or other
  204         professionals; providing a time certain for issuing a
  205         report; providing that certain information is
  206         confidential; revising provisions relating to
  207         compliance with the evaluator’s recommendations;
  208         providing that the evaluator is an agent of the
  209         department for the purposes of immunity from suit;
  210         requiring the department to adopt rules; amending s.
  211         627.712, F.S.; conforming provisions to changes made
  212         by the act; providing effective dates.
  213  
  214  Be It Enacted by the Legislature of the State of Florida:
  215  
  216         Section 1. Effective June 1, 2011, paragraph (d) of
  217  subsection (2) of section 215.555, Florida Statutes, is amended
  218  to read
  219         215.555 Florida Hurricane Catastrophe Fund.—
  220         (2) DEFINITIONS.—As used in this section:
  221         (d) “Losses” means all direct incurred losses under covered
  222  policies, including which shall include losses for additional
  223  living expenses not to exceed 40 percent of the insured value of
  224  a residential structure or its contents and amounts paid as fees
  225  on behalf of or inuring to the benefit of a policyholder shall
  226  exclude loss adjustment expenses. The term “Losses” does not
  227  include:
  228         1. Losses for fair rental value, loss of rent or rental
  229  income, or business interruption losses;
  230         2. Losses under liability coverages;
  231         3. Property losses that are proximately caused by any peril
  232  other than a covered event, including, but not limited to, fire,
  233  theft, flood or rising water, or windstorm that does not
  234  constitute a covered event;
  235         4. Amounts paid as the result of a voluntary expansion of
  236  coverage by the insurer, including, but not limited to, a waiver
  237  of an applicable deductible;
  238         5. Amounts paid to reimburse a policyholder for condominium
  239  association or homeowners’ association loss assessments or under
  240  similar coverages for contractual liabilities;
  241         6. Amounts paid as bad faith awards, punitive damage
  242  awards, or other court-imposed fines, sanctions, or penalties;
  243         7. Amounts in excess of the coverage limits under the
  244  covered policy; or
  245         8. Allocated or unallocated loss adjustment expenses.
  246         Section 2. The amendment to s. 215.555, Florida Statutes,
  247  made by this act applies first to the Florida Hurricane
  248  Catastrophe Fund reimbursement contract that takes effect June
  249  1, 2011.
  250         Section 3. Section 624.407, Florida Statutes, is amended to
  251  read:
  252         624.407 Surplus Capital funds required; new insurers.—
  253         (1) To receive authority to transact any one kind or
  254  combinations of kinds of insurance, as defined in part V of this
  255  chapter, an insurer applying for its original certificate of
  256  authority in this state after November 10, 1993, the effective
  257  date of this section shall possess surplus funds as to
  258  policyholders at least not less than the greater of:
  259         (a) Five million dollars For a property and casualty
  260  insurer, $5 million, or $2.5 million for any other insurer;
  261         (b) For life insurers, 4 percent of the insurer’s total
  262  liabilities;
  263         (c) For life and health insurers, 4 percent of the
  264  insurer’s total liabilities, plus 6 percent of the insurer’s
  265  liabilities relative to health insurance; or
  266         (d) For all insurers other than life insurers and life and
  267  health insurers, 10 percent of the insurer’s total liabilities;
  268  or
  269         (e) Notwithstanding paragraph (a) or paragraph (d), for a
  270  domestic insurer that transacts residential property insurance
  271  and is:
  272         1. Not a wholly owned subsidiary of an insurer domiciled in
  273  any other state, $15 million.
  274         2.however, a domestic insurer that transacts residential
  275  property insurance and is A wholly owned subsidiary of an
  276  insurer domiciled in any other state, shall possess surplus as
  277  to policyholders of at least $50 million.
  278         (3) Notwithstanding subsections (1) and (2), a new insurer
  279  may not be required, but no insurer shall be required under this
  280  subsection to have surplus as to policyholders greater than $100
  281  million.
  282         (4)(2) The requirements of this section shall be based upon
  283  all the kinds of insurance actually transacted or to be
  284  transacted by the insurer in any and all areas in which it
  285  operates, whether or not only a portion of such kinds of
  286  insurance are to be transacted in this state.
  287         (5)(3) As to surplus funds as to policyholders required for
  288  qualification to transact one or more kinds of insurance,
  289  domestic mutual insurers are governed by chapter 628, and
  290  domestic reciprocal insurers are governed by chapter 629.
  291         (6)(4) For the purposes of this section, liabilities do
  292  shall not include liabilities required under s. 625.041(4). For
  293  purposes of computing minimum surplus funds as to policyholders
  294  pursuant to s. 625.305(1), liabilities shall include liabilities
  295  required under s. 625.041(4).
  296         (7)(5) The provisions of this section, as amended by
  297  chapter 89-360, Laws of Florida this act, shall apply only to
  298  insurers applying for a certificate of authority on or after
  299  October 1, 1989 the effective date of this act.
  300         Section 4. Section 624.408, Florida Statutes, is amended to
  301  read:
  302         624.408 Surplus funds as to policyholders required; current
  303  new and existing insurers.—
  304         (1)(a) To maintain a certificate of authority to transact
  305  any one kind or combinations of kinds of insurance, as defined
  306  in part V of this chapter, an insurer in this state must shall
  307  at all times maintain surplus funds as to policyholders at least
  308  not less than the greater of:
  309         (a)1. Except as provided in paragraphs (e),(f), and (g)
  310  subparagraph 5. and paragraph (b), $1.5 million.;
  311         (b)2. For life insurers, 4 percent of the insurer’s total
  312  liabilities.;
  313         (c)3. For life and health insurers, 4 percent of the
  314  insurer’s total liabilities plus 6 percent of the insurer’s
  315  liabilities relative to health insurance.; or
  316         (d)4. For all insurers other than mortgage guaranty
  317  insurers, life insurers, and life and health insurers, 10
  318  percent of the insurer’s total liabilities.
  319         (e)5. For property and casualty insurers, $4 million,
  320  except for property and casualty insurers authorized to
  321  underwrite any line of residential property insurance.
  322         (f)(b) For residential any property insurers not and
  323  casualty insurer holding a certificate of authority before July
  324  1, 2011 on December 1, 1993, $15 million. the
  325         (g) For residential property insurers holding a certificate
  326  of authority before July 1, 2011, and until June 30, 2016, $5
  327  million; on or after July 1, 2016, and until June 30, 2021, $10
  328  million; on or after July 1, 2021, $15 million. The office may
  329  reduce this surplus requirement if the insurer is not writing
  330  new business, has premiums in force of less than $1 million per
  331  year in residential property insurance, or is a mutual insurance
  332  company. following amounts apply instead of the $4 million
  333  required by subparagraph (a)5.:
  334         1.On December 31, 2001, and until December 30, 2002, $3
  335  million.
  336         2.On December 31, 2002, and until December 30, 2003, $3.25
  337  million.
  338         3.On December 31, 2003, and until December 30, 2004, $3.6
  339  million.
  340         4.On December 31, 2004, and thereafter, $4 million.
  341         (2) For purposes of this section, liabilities do shall not
  342  include liabilities required under s. 625.041(4). For purposes
  343  of computing minimum surplus as to policyholders pursuant to s.
  344  625.305(1), liabilities shall include liabilities required under
  345  s. 625.041(4).
  346         (3) This section does not require an No insurer shall be
  347  required under this section to have surplus as to policyholders
  348  greater than $100 million.
  349         (4) A mortgage guaranty insurer shall maintain a minimum
  350  surplus as required by s. 635.042.
  351         Section 5. Subsection (7) is added to section 624.4095,
  352  Florida Statutes, to read:
  353         624.4095 Premiums written; restrictions.—
  354         (7)For the purposes of this section and ss. 624.407 and
  355  624.408, with respect to capital and surplus requirements, gross
  356  written premiums for federal multiple-peril crop insurance which
  357  are ceded to the Federal Crop Insurance Corporation or
  358  authorized reinsurers may not be included in the calculation of
  359  an insurer’s gross writing ratio. The liabilities for ceded
  360  reinsurance premiums payable for federal multiple-peril crop
  361  insurance ceded to the Federal Crop Insurance Corporation and
  362  authorized reinsurers shall be netted against the asset for
  363  amounts recoverable from reinsurers. Each insurer that writes
  364  other insurance products together with federal multiple-peril
  365  crop insurance must disclose in the notes to its annual and
  366  quarterly financial statements, or in a supplement to those
  367  statements, the gross written premiums for federal multiple
  368  peril crop insurance.
  369         Section 6. Paragraph (d) of subsection (8) of section
  370  624.424, Florida Statutes, is amended to read:
  371         624.424 Annual statement and other information.—
  372         (8)
  373         (d) An insurer may not use the same accountant or partner
  374  of an accounting firm responsible for preparing the report
  375  required by this subsection for more than 5 7 consecutive years.
  376  Following this period, the insurer may not use such accountant
  377  or partner for a period of 5 2 years, but may use another
  378  accountant or partner of the same firm. An insurer may request
  379  the office to waive this prohibition based upon an unusual
  380  hardship to the insurer and a determination that the accountant
  381  is exercising independent judgment that is not unduly influenced
  382  by the insurer considering such factors as the number of
  383  partners, expertise of the partners or the number of insurance
  384  clients of the accounting firm; the premium volume of the
  385  insurer; and the number of jurisdictions in which the insurer
  386  transacts business.
  387         Section 7. Effective June 1, 2011, subsection (11) of
  388  section 626.854, Florida Statutes, is amended to read:
  389         626.854 “Public adjuster” defined; prohibitions.—The
  390  Legislature finds that it is necessary for the protection of the
  391  public to regulate public insurance adjusters and to prevent the
  392  unauthorized practice of law.
  393         (11)(a) If a public adjuster enters into a contract with an
  394  insured or claimant to reopen a claim or to file a supplemental
  395  claim that seeks additional payments for a claim that has been
  396  previously paid in part or in full or settled by the insurer,
  397  the public adjuster may not charge, agree to, or accept any
  398  compensation, payment, commission, fee, or other thing of value
  399  based on a previous settlement or previous claim payments by the
  400  insurer for the same cause of loss. The charge, compensation,
  401  payment, commission, fee, or other thing of value must may be
  402  based only on the claim payments or settlement obtained through
  403  the work of the public adjuster after entering into the contract
  404  with the insured or claimant. Compensation for the reopened or
  405  supplemental claim may not exceed 20 percent of the reopened or
  406  supplemental claim payment. The contracts described in this
  407  paragraph are not subject to the limitations in paragraph (b).
  408         (b) A public adjuster may not charge, agree to, or accept
  409  any compensation, payment, commission, fee, or other thing of
  410  value in excess of:
  411         1. Ten percent of the amount of insurance claim payments
  412  made by the insurer for claims based on events that are the
  413  subject of a declaration of a state of emergency by the
  414  Governor. This provision applies to claims made during the
  415  period of 1 year after the declaration of emergency. After that
  416  year, the limitations in subparagraph 2. apply.
  417         2. Twenty percent of the amount of all other insurance
  418  claim payments made by the insurer for claims that are not based
  419  on events that are the subject of a declaration of a state of
  420  emergency by the Governor.
  421  
  422  The provisions of subsections (5)-(13) apply only to residential
  423  property insurance policies and condominium association policies
  424  as defined in s. 718.111(11).
  425         Section 8. Effective January 1, 2012, section 626.854,
  426  Florida Statutes, as amended by this act, is amended to read:
  427         626.854 “Public adjuster” defined; prohibitions.—The
  428  Legislature finds that it is necessary for the protection of the
  429  public to regulate public insurance adjusters and to prevent the
  430  unauthorized practice of law.
  431         (1) A “public adjuster” is any person, except a duly
  432  licensed attorney at law as exempted under hereinafter in s.
  433  626.860 provided, who, for money, commission, or any other thing
  434  of value, prepares, completes, or files an insurance claim form
  435  for an insured or third-party claimant or who, for money,
  436  commission, or any other thing of value, acts or aids in any
  437  manner on behalf of, or aids an insured or third-party claimant
  438  in negotiating for or effecting the settlement of a claim or
  439  claims for loss or damage covered by an insurance contract or
  440  who advertises for employment as an adjuster of such claims. The
  441  term, and also includes any person who, for money, commission,
  442  or any other thing of value, solicits, investigates, or adjusts
  443  such claims on behalf of a any such public adjuster.
  444         (2) This definition does not apply to:
  445         (a) A licensed health care provider or employee thereof who
  446  prepares or files a health insurance claim form on behalf of a
  447  patient.
  448         (b) A person who files a health claim on behalf of another
  449  and does so without compensation.
  450         (3) A public adjuster may not give legal advice or. A
  451  public adjuster may not act on behalf of or aid any person in
  452  negotiating or settling a claim relating to bodily injury,
  453  death, or noneconomic damages.
  454         (4) For purposes of this section, the term “insured”
  455  includes only the policyholder and any beneficiaries named or
  456  similarly identified in the policy.
  457         (5) A public adjuster may not directly or indirectly
  458  through any other person or entity solicit an insured or
  459  claimant by any means except on Monday through Saturday of each
  460  week and only between the hours of 8 a.m. and 8 p.m. on those
  461  days.
  462         (6) A public adjuster may not directly or indirectly
  463  through any other person or entity initiate contact or engage in
  464  face-to-face or telephonic solicitation or enter into a contract
  465  with any insured or claimant under an insurance policy until at
  466  least 48 hours after the occurrence of an event that may be the
  467  subject of a claim under the insurance policy unless contact is
  468  initiated by the insured or claimant.
  469         (7) An insured or claimant may cancel a public adjuster’s
  470  contract to adjust a claim without penalty or obligation within
  471  3 business days after the date on which the contract is executed
  472  or within 3 business days after the date on which the insured or
  473  claimant has notified the insurer of the claim, by phone or in
  474  writing, whichever is later. The public adjuster’s contract must
  475  shall disclose to the insured or claimant his or her right to
  476  cancel the contract and advise the insured or claimant that
  477  notice of cancellation must be submitted in writing and sent by
  478  certified mail, return receipt requested, or other form of
  479  mailing that which provides proof thereof, to the public
  480  adjuster at the address specified in the contract; provided,
  481  during any state of emergency as declared by the Governor and
  482  for a period of 1 year after the date of loss, the insured or
  483  claimant has shall have 5 business days after the date on which
  484  the contract is executed to cancel a public adjuster’s contract.
  485         (8) It is an unfair and deceptive insurance trade practice
  486  pursuant to s. 626.9541 for a public adjuster or any other
  487  person to circulate or disseminate any advertisement,
  488  announcement, or statement containing any assertion,
  489  representation, or statement with respect to the business of
  490  insurance which is untrue, deceptive, or misleading.
  491         (a) The following statements, made in any public adjuster’s
  492  advertisement or solicitation, are considered deceptive or
  493  misleading:
  494         1. A statement or representation that invites an insured
  495  policyholder to submit a claim when the policyholder does not
  496  have covered damage to insured property.
  497         2. A statement or representation that invites an insured
  498  policyholder to submit a claim by offering monetary or other
  499  valuable inducement.
  500         3. A statement or representation that invites an insured
  501  policyholder to submit a claim by stating that there is “no
  502  risk” to the policyholder by submitting such claim.
  503         4. A statement or representation, or use of a logo or
  504  shield, that implies or could mistakenly be construed to imply
  505  that the solicitation was issued or distributed by a
  506  governmental agency or is sanctioned or endorsed by a
  507  governmental agency.
  508         (b) For purposes of this paragraph, the term “written
  509  advertisement” includes only newspapers, magazines, flyers, and
  510  bulk mailers. The following disclaimer, which is not required to
  511  be printed on standard size business cards, must be added in
  512  bold print and capital letters in typeface no smaller than the
  513  typeface of the body of the text to all written advertisements
  514  by a public adjuster:
  515         “THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD
  516         A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU
  517         ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU
  518         MAY DISREGARD THIS ADVERTISEMENT.”
  519  
  520         (9) A public adjuster, a public adjuster apprentice, or any
  521  person or entity acting on behalf of a public adjuster or public
  522  adjuster apprentice may not give or offer to give a monetary
  523  loan or advance to a client or prospective client.
  524         (10) A public adjuster, public adjuster apprentice, or any
  525  individual or entity acting on behalf of a public adjuster or
  526  public adjuster apprentice may not give or offer to give,
  527  directly or indirectly, any article of merchandise having a
  528  value in excess of $25 to any individual for the purpose of
  529  advertising or as an inducement to entering into a contract with
  530  a public adjuster.
  531         (11)(a) If a public adjuster enters into a contract with an
  532  insured or claimant to reopen a claim or file a supplemental
  533  claim that seeks additional payments for a claim that has been
  534  previously paid in part or in full or settled by the insurer,
  535  the public adjuster may not charge, agree to, or accept any
  536  compensation, payment, commission, fee, or other thing of value
  537  based on a previous settlement or previous claim payments by the
  538  insurer for the same cause of loss. The charge, compensation,
  539  payment, commission, fee, or other thing of value must be based
  540  only on the claim payments or settlement obtained through the
  541  work of the public adjuster after entering into the contract
  542  with the insured or claimant. Compensation for the reopened or
  543  supplemental claim may not exceed 20 percent of the reopened or
  544  supplemental claim payment. The contracts described in this
  545  paragraph are not subject to the limitations in paragraph (b).
  546         (b) A public adjuster may not charge, agree to, or accept
  547  any compensation, payment, commission, fee, or other thing of
  548  value in excess of:
  549         1. Ten percent of the amount of insurance claim payments
  550  made by the insurer for claims based on events that are the
  551  subject of a declaration of a state of emergency by the
  552  Governor. This provision applies to claims made during the year
  553  after the declaration of emergency. After that year, the
  554  limitations in subparagraph 2. apply.
  555         2. Twenty percent of the amount of insurance claim payments
  556  made by the insurer for claims that are not based on events that
  557  are the subject of a declaration of a state of emergency by the
  558  Governor.
  559         (12) Each public adjuster must shall provide to the
  560  claimant or insured a written estimate of the loss to assist in
  561  the submission of a proof of loss or any other claim for payment
  562  of insurance proceeds. The public adjuster shall retain such
  563  written estimate for at least 5 years and shall make the such
  564  estimate available to the claimant or insured and the department
  565  upon request.
  566         (13) A public adjuster, public adjuster apprentice, or any
  567  person acting on behalf of a public adjuster or apprentice may
  568  not accept referrals of business from any person with whom the
  569  public adjuster conducts business if there is any form or manner
  570  of agreement to compensate the person, whether directly or
  571  indirectly, for referring business to the public adjuster. A
  572  public adjuster may not compensate any person, except for
  573  another public adjuster, whether directly or indirectly, for the
  574  principal purpose of referring business to the public adjuster.
  575         (14) A company employee adjuster, independent adjuster,
  576  attorney, investigator, or other persons acting on behalf of an
  577  insurer that needs access to an insured or claimant or to the
  578  insured property that is the subject of a claim must provide at
  579  least 48 hours’ notice to the insured or claimant, public
  580  adjuster, or legal representative before scheduling a meeting
  581  with the claimant or an onsite inspection of the insured
  582  property. The insured or claimant may deny access to the
  583  property if the notice has not been provided. The insured or
  584  claimant may waive the 48-hour notice.
  585         (15) A public adjuster must ensure prompt notice of
  586  property loss claims submitted to an insurer by or through a
  587  public adjuster or on which a public adjuster represents the
  588  insured at the time the claim or notice of loss is submitted to
  589  the insurer. The public adjuster must ensure that notice is
  590  given to the insurer, the public adjuster’s contract is provided
  591  to the insurer, the property is available for inspection of the
  592  loss or damage by the insurer, and the insurer is given an
  593  opportunity to interview the insured directly about the loss and
  594  claim. The insurer must be allowed to obtain necessary
  595  information to investigate and respond to the claim.
  596         (a) The insurer may not exclude the public adjuster from
  597  its in-person meetings with the insured. The insurer shall meet
  598  or communicate with the public adjuster in an effort to reach
  599  agreement as to the scope of the covered loss under the
  600  insurance policy. This section does not impair the terms and
  601  conditions of the insurance policy in effect at the time the
  602  claim is filed.
  603         (b) A public adjuster may not restrict or prevent an
  604  insurer, company employee adjuster, independent adjuster,
  605  attorney, investigator, or other person acting on behalf of the
  606  insurer from having reasonable access at reasonable times to an
  607  insured or claimant or to the insured property that is the
  608  subject of a claim.
  609         (c) A public adjuster may not act or fail to reasonably act
  610  in any manner that obstructs or prevents an insurer or insurer’s
  611  adjuster from timely conducting an inspection of any part of the
  612  insured property for which there is a claim for loss or damage.
  613  The public adjuster representing the insured may be present for
  614  the insurer’s inspection, but if the unavailability of the
  615  public adjuster otherwise delays the insurer’s timely inspection
  616  of the property, the public adjuster or the insured must allow
  617  the insurer to have access to the property without the
  618  participation or presence of the public adjuster or insured in
  619  order to facilitate the insurer’s prompt inspection of the loss
  620  or damage.
  621         (16) A licensed contractor under part I of chapter 489, or
  622  a subcontractor, may not adjust a claim on behalf of an insured
  623  unless licensed and compliant as a public adjuster under this
  624  chapter. However, the contractor may discuss or explain a bid
  625  for construction or repair of covered property with the
  626  residential property owner who has suffered loss or damage
  627  covered by a property insurance policy, or the insurer of such
  628  property, if the contractor is doing so for the usual and
  629  customary fees applicable to the work to be performed as stated
  630  in the contract between the contractor and the insured.
  631         (17) The provisions of subsections (5)-(16) (5)-(13) apply
  632  only to residential property insurance policies and condominium
  633  unit owner association policies as defined in s. 718.111(11).
  634         Section 9. Effective January 1, 2012, subsection (6) of
  635  section 626.8651, Florida Statutes, is amended to read:
  636         626.8651 Public adjuster apprentice license;
  637  qualifications.—
  638         (6) To qualify for licensure as a public adjuster, a public
  639  adjuster apprentice must shall complete: at
  640         (a) A minimum of 100 hours of employment per month for 12
  641  months of employment under the supervision of a licensed and
  642  appointed all-lines public adjuster in order to qualify for
  643  licensure as a public adjuster. The department may adopt rules
  644  that establish standards for such employment requirements.
  645         (b) A minimum of 8 hours of continuing education specific
  646  to the practice of a public adjuster, 2 hours of which must
  647  relate to ethics. The continuing education must be designed to
  648  inform the licensee about the current insurance laws of this
  649  state for the purpose of enabling him or her to engage in
  650  business as an insurance adjuster fairly and without injury to
  651  the public and to adjust all claims in accordance with the
  652  insurance contract and the laws of this state.
  653         Section 10. Effective January 1, 2012, section 626.8796,
  654  Florida Statutes, is amended to read:
  655         626.8796 Public adjuster contracts; fraud statement.—
  656         (1) All contracts for public adjuster services must be in
  657  writing and must prominently display the following statement on
  658  the contract: “Pursuant to s. 817.234, Florida Statutes, any
  659  person who, with the intent to injure, defraud, or deceive an
  660  any insurer or insured, prepares, presents, or causes to be
  661  presented a proof of loss or estimate of cost or repair of
  662  damaged property in support of a claim under an insurance policy
  663  knowing that the proof of loss or estimate of claim or repairs
  664  contains any false, incomplete, or misleading information
  665  concerning any fact or thing material to the claim commits a
  666  felony of the third degree, punishable as provided in s.
  667  775.082, s. 775.083, or s. 775.084, Florida Statutes.”
  668         (2) A public adjuster contract must contain the full name,
  669  permanent business address, and license number of the public
  670  adjuster; the full name of the public adjusting firm; and the
  671  insured’s full name and street address, together with a brief
  672  description of the loss. The contract must state the percentage
  673  of compensation for the public adjuster’s services; the type of
  674  claim, including an emergency claim, nonemergency claim, or
  675  supplemental claim; the signatures of the public adjuster and
  676  all named insureds; and the signature date. If all of the named
  677  insureds signatures are not available, the public adjuster must
  678  submit an affidavit signed by the available named insureds
  679  attesting that they have authority to enter into the contract
  680  and settle all claim issues on behalf of the named insureds. An
  681  unaltered copy of the executed contract must be remitted to the
  682  insurer within 30 days after execution.
  683         Section 11. Effective June 1, 2011, section 626.70132,
  684  Florida Statutes, is created to read:
  685         626.70132Notice of windstorm or hurricane claim.—A claim,
  686  supplemental claim, or reopened claim under an insurance policy
  687  that provides personal lines residential coverage, as defined in
  688  s. 627.4025, for loss or damage caused by the peril of windstorm
  689  or hurricane is barred unless notice of the claim, supplemental
  690  claim, or reopened claim was given to the insurer in accordance
  691  with the terms of the policy within 3 years after the hurricane
  692  first made landfall or the windstorm caused the covered damage.
  693  For purposes of this section, the term “supplemental claim” or
  694  “reopened claim” means any additional claim for recovery from
  695  the insurer for losses from the same hurricane or windstorm
  696  which the insurer has previously adjusted pursuant to the
  697  initial claim. This section does not affect any applicable
  698  limitation on civil actions provided in s. 95.11 for claims,
  699  supplemental claims, or reopened claims timely filed under this
  700  section.
  701         Section 12. Subsection (4) of section 627.0613, Florida
  702  Statutes, is repealed.
  703         Section 13. Section 627.062, Florida Statutes, is amended
  704  to read:
  705         627.062 Rate standards.—
  706         (1) The rates for all classes of insurance to which the
  707  provisions of this part are applicable may shall not be
  708  excessive, inadequate, or unfairly discriminatory.
  709         (2) As to all such classes of insurance:
  710         (a) Insurers or rating organizations shall establish and
  711  use rates, rating schedules, or rating manuals that to allow the
  712  insurer a reasonable rate of return on the such classes of
  713  insurance written in this state. A copy of rates, rating
  714  schedules, rating manuals, premium credits or discount
  715  schedules, and surcharge schedules, and changes thereto, must
  716  shall be filed with the office under one of the following
  717  procedures except as provided in subparagraph 3.:
  718         1. If the filing is made at least 90 days before the
  719  proposed effective date and the filing is not implemented during
  720  the office’s review of the filing and any proceeding and
  721  judicial review, then such filing is shall be considered a “file
  722  and use” filing. In such case, the office shall finalize its
  723  review by issuance of an approval a notice of intent to approve
  724  or a notice of intent to disapprove within 90 days after receipt
  725  of the filing. The approval notice of intent to approve and the
  726  notice of intent to disapprove constitute agency action for
  727  purposes of the Administrative Procedure Act. Requests for
  728  supporting information, requests for mathematical or mechanical
  729  corrections, or notification to the insurer by the office of its
  730  preliminary findings does shall not toll the 90-day period
  731  during any such proceedings and subsequent judicial review. The
  732  rate shall be deemed approved if the office does not issue an
  733  approval a notice of intent to approve or a notice of intent to
  734  disapprove within 90 days after receipt of the filing.
  735         2. If the filing is not made in accordance with the
  736  provisions of subparagraph 1., such filing must shall be made as
  737  soon as practicable, but within no later than 30 days after the
  738  effective date, and is shall be considered a “use and file”
  739  filing. An insurer making a “use and file” filing is potentially
  740  subject to an order by the office to return to policyholders
  741  those portions of rates found to be excessive, as provided in
  742  paragraph (h).
  743         3.For all property insurance filings made or submitted
  744  after January 25, 2007, but before December 31, 2010, an insurer
  745  seeking a rate that is greater than the rate most recently
  746  approved by the office shall make a “file and use” filing. For
  747  purposes of this subparagraph, motor vehicle collision and
  748  comprehensive coverages are not considered to be property
  749  coverages.
  750         (b) Upon receiving a rate filing, the office shall review
  751  the rate filing to determine if a rate is excessive, inadequate,
  752  or unfairly discriminatory. In making that determination, the
  753  office shall, in accordance with generally accepted and
  754  reasonable actuarial techniques, consider the following factors:
  755         1. Past and prospective loss experience within and without
  756  this state.
  757         2. Past and prospective expenses.
  758         3. The degree of competition among insurers for the risk
  759  insured.
  760         4. Investment income reasonably expected by the insurer,
  761  consistent with the insurer’s investment practices, from
  762  investable premiums anticipated in the filing, plus any other
  763  expected income from currently invested assets representing the
  764  amount expected on unearned premium reserves and loss reserves.
  765  The commission may adopt rules using reasonable techniques of
  766  actuarial science and economics to specify the manner in which
  767  insurers shall calculate investment income attributable to such
  768  classes of insurance written in this state and the manner in
  769  which such investment income is shall be used to calculate
  770  insurance rates. Such manner must shall contemplate allowances
  771  for an underwriting profit factor and full consideration of
  772  investment income which produce a reasonable rate of return;
  773  however, investment income from invested surplus may not be
  774  considered.
  775         5. The reasonableness of the judgment reflected in the
  776  filing.
  777         6. Dividends, savings, or unabsorbed premium deposits
  778  allowed or returned to Florida policyholders, members, or
  779  subscribers.
  780         7. The adequacy of loss reserves.
  781         8. The cost of reinsurance. The office may shall not
  782  disapprove a rate as excessive solely due to the insurer having
  783  obtained catastrophic reinsurance to cover the insurer’s
  784  estimated 250-year probable maximum loss or any lower level of
  785  loss.
  786         9. Trend factors, including trends in actual losses per
  787  insured unit for the insurer making the filing.
  788         10. Conflagration and catastrophe hazards, if applicable.
  789         11. Projected hurricane losses, if applicable, which must
  790  be estimated using a model or method found to be acceptable or
  791  reliable by the Florida Commission on Hurricane Loss Projection
  792  Methodology, and as further provided in s. 627.0628.
  793         12. A reasonable margin for underwriting profit and
  794  contingencies.
  795         13. The cost of medical services, if applicable.
  796         14. Other relevant factors that affect which impact upon
  797  the frequency or severity of claims or upon expenses.
  798         (c) In the case of fire insurance rates, consideration must
  799  shall be given to the availability of water supplies and the
  800  experience of the fire insurance business during a period of not
  801  less than the most recent 5-year period for which such
  802  experience is available.
  803         (d) If conflagration or catastrophe hazards are considered
  804  given consideration by an insurer in its rates or rating plan,
  805  including surcharges and discounts, the insurer shall establish
  806  a reserve for that portion of the premium allocated to such
  807  hazard and shall maintain the premium in a catastrophe reserve.
  808  Any Removal of such premiums from the reserve for purposes other
  809  than paying claims associated with a catastrophe or purchasing
  810  reinsurance for catastrophes must be approved by shall be
  811  subject to approval of the office. Any ceding commission
  812  received by an insurer purchasing reinsurance for catastrophes
  813  must shall be placed in the catastrophe reserve.
  814         (e) After consideration of the rate factors provided in
  815  paragraphs (b), (c), and (d), the office may find a rate may be
  816  found by the office to be excessive, inadequate, or unfairly
  817  discriminatory based upon the following standards:
  818         1. Rates shall be deemed excessive if they are likely to
  819  produce a profit from Florida business which that is
  820  unreasonably high in relation to the risk involved in the class
  821  of business or if expenses are unreasonably high in relation to
  822  services rendered.
  823         2. Rates shall be deemed excessive if, among other things,
  824  the rate structure established by a stock insurance company
  825  provides for replenishment of surpluses from premiums, if when
  826  the replenishment is attributable to investment losses.
  827         3. Rates shall be deemed inadequate if they are clearly
  828  insufficient, together with the investment income attributable
  829  to them, to sustain projected losses and expenses in the class
  830  of business to which they apply.
  831         4. A rating plan, including discounts, credits, or
  832  surcharges, shall be deemed unfairly discriminatory if it fails
  833  to clearly and equitably reflect consideration of the
  834  policyholder’s participation in a risk management program
  835  adopted pursuant to s. 627.0625.
  836         5. A rate shall be deemed inadequate as to the premium
  837  charged to a risk or group of risks if discounts or credits are
  838  allowed which exceed a reasonable reflection of expense savings
  839  and reasonably expected loss experience from the risk or group
  840  of risks.
  841         6. A rate shall be deemed unfairly discriminatory as to a
  842  risk or group of risks if the application of premium discounts,
  843  credits, or surcharges among such risks does not bear a
  844  reasonable relationship to the expected loss and expense
  845  experience among the various risks.
  846         (f) In reviewing a rate filing, the office may require the
  847  insurer to provide, at the insurer’s expense, all information
  848  necessary to evaluate the condition of the company and the
  849  reasonableness of the filing according to the criteria
  850  enumerated in this section.
  851         (g) The office may at any time review a rate, rating
  852  schedule, rating manual, or rate change; the pertinent records
  853  of the insurer; and market conditions. If the office finds on a
  854  preliminary basis that a rate may be excessive, inadequate, or
  855  unfairly discriminatory, the office shall initiate proceedings
  856  to disapprove the rate and shall so notify the insurer. However,
  857  the office may not disapprove as excessive any rate for which it
  858  has given final approval or which has been deemed approved for a
  859  period of 1 year after the effective date of the filing unless
  860  the office finds that a material misrepresentation or material
  861  error was made by the insurer or was contained in the filing.
  862  Upon being so notified, the insurer or rating organization
  863  shall, within 60 days, file with the office all information that
  864  which, in the belief of the insurer or organization, proves the
  865  reasonableness, adequacy, and fairness of the rate or rate
  866  change. The office shall issue an approval a notice of intent to
  867  approve or a notice of intent to disapprove pursuant to the
  868  procedures of paragraph (a) within 90 days after receipt of the
  869  insurer’s initial response. In such instances and in any
  870  administrative proceeding relating to the legality of the rate,
  871  the insurer or rating organization shall carry the burden of
  872  proof by a preponderance of the evidence to show that the rate
  873  is not excessive, inadequate, or unfairly discriminatory. After
  874  the office notifies an insurer that a rate may be excessive,
  875  inadequate, or unfairly discriminatory, unless the office
  876  withdraws the notification, the insurer may shall not alter the
  877  rate except to conform to with the office’s notice until the
  878  earlier of 120 days after the date the notification was provided
  879  or 180 days after the date of implementing the implementation of
  880  the rate. The office may, subject to chapter 120, may disapprove
  881  without the 60-day notification any rate increase filed by an
  882  insurer within the prohibited time period or during the time
  883  that the legality of the increased rate is being contested.
  884         (h) If In the event the office finds that a rate or rate
  885  change is excessive, inadequate, or unfairly discriminatory, the
  886  office shall issue an order of disapproval specifying that a new
  887  rate or rate schedule, which responds to the findings of the
  888  office, be filed by the insurer. The office shall further order,
  889  for any “use and file” filing made in accordance with
  890  subparagraph (a)2., that premiums charged each policyholder
  891  constituting the portion of the rate above that which was
  892  actuarially justified be returned to the such policyholder in
  893  the form of a credit or refund. If the office finds that an
  894  insurer’s rate or rate change is inadequate, the new rate or
  895  rate schedule filed with the office in response to such a
  896  finding is shall be applicable only to new or renewal business
  897  of the insurer written on or after the effective date of the
  898  responsive filing.
  899         (i) Except as otherwise specifically provided in this
  900  chapter, the office may shall not, directly or indirectly:
  901         1. Prohibit any insurer, including any residual market plan
  902  or joint underwriting association, from paying acquisition costs
  903  based on the full amount of premium, as defined in s. 627.403,
  904  applicable to any policy, or prohibit any such insurer from
  905  including the full amount of acquisition costs in a rate filing;
  906  or.
  907         2. Impede, abridge, or otherwise compromise an insurer’s
  908  right to acquire policyholders, advertise, or appoint agents,
  909  including the calculation, manner, or amount of such agent
  910  commissions, if any.
  911         (j) With respect to residential property insurance rate
  912  filings, the rate filing must account for mitigation measures
  913  undertaken by policyholders to reduce hurricane losses.
  914         (k)1. An insurer may make a separate filing limited solely
  915  to an adjustment of its rates for reinsurance or financing costs
  916  incurred in the purchase of reinsurance or financing products to
  917  replace or finance the payment of the amount covered by the
  918  Temporary Increase in Coverage Limits (TICL) portion of the
  919  Florida Hurricane Catastrophe Fund including replacement
  920  reinsurance for the TICL reductions made pursuant to s.
  921  215.555(17)(e); the actual cost paid due to the application of
  922  the TICL premium factor pursuant to s. 215.555(17)(f); and the
  923  actual cost paid due to the application of the cash build-up
  924  factor pursuant to s. 215.555(5)(b) if the insurer:
  925         a. Elects to purchase financing products such as a
  926  liquidity instrument or line of credit, in which case the cost
  927  included in the filing for the liquidity instrument or line of
  928  credit may not result in a premium increase exceeding 3 percent
  929  for any individual policyholder. All costs contained in the
  930  filing may not result in an overall premium increase of more
  931  than 10 percent for any individual policyholder.
  932         b. An insurer that makes a separate filing relating to
  933  reinsurance or financing products must include Includes in the
  934  filing a copy of all of its reinsurance, liquidity instrument,
  935  or line of credit contracts; proof of the billing or payment for
  936  the contracts; and the calculation upon which the proposed rate
  937  change is based demonstrating demonstrates that the costs meet
  938  the criteria of this section and are not loaded for expenses or
  939  profit for the insurer making the filing.
  940         c.Includes no other changes to its rates in the filing.
  941         d.Has not implemented a rate increase within the 6 months
  942  immediately preceding the filing.
  943         e.Does not file for a rate increase under any other
  944  paragraph within 6 months after making a filing under this
  945  paragraph.
  946         c.f.An insurer that purchases reinsurance or financing
  947  products from an affiliated company may make a separate filing
  948  in compliance with this paragraph does so only if the costs for
  949  such reinsurance or financing products are charged at or below
  950  charges made for comparable coverage by nonaffiliated reinsurers
  951  or financial entities making such coverage or financing products
  952  available in this state.
  953         2. An insurer may only make only one filing per in any 12
  954  month period under this paragraph.
  955         3. An insurer that elects to implement a rate change under
  956  this paragraph must file its rate filing with the office at
  957  least 45 days before the effective date of the rate change.
  958  After an insurer submits a complete filing that meets all of the
  959  requirements of this paragraph, the office has 45 days after the
  960  date of the filing to review the rate filing and determine if
  961  the rate is excessive, inadequate, or unfairly discriminatory.
  962  
  963  The provisions of this subsection do shall not apply to workers’
  964  compensation, and employer’s liability insurance, and to motor
  965  vehicle insurance.
  966         (3)(a) For individual risks that are not rated in
  967  accordance with the insurer’s rates, rating schedules, rating
  968  manuals, and underwriting rules filed with the office and that
  969  which have been submitted to the insurer for individual rating,
  970  the insurer must maintain documentation on each risk subject to
  971  individual risk rating. The documentation must identify the
  972  named insured and specify the characteristics and classification
  973  of the risk supporting the reason for the risk being
  974  individually risk rated, including any modifications to existing
  975  approved forms to be used on the risk. The insurer must maintain
  976  these records for a period of at least 5 years after the
  977  effective date of the policy.
  978         (b) Individual risk rates and modifications to existing
  979  approved forms are not subject to this part or part II, except
  980  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  981  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  982  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  983  627.4265, 627.427, and 627.428, but are subject to all other
  984  applicable provisions of this code and rules adopted thereunder.
  985         (c) This subsection does not apply to private passenger
  986  motor vehicle insurance.
  987         (d)1. The following categories or kinds of insurance and
  988  types of commercial lines risks are not subject to paragraph
  989  (2)(a) or paragraph (2)(f):
  990         a. Excess or umbrella.
  991         b. Surety and fidelity.
  992         c. Boiler and machinery and leakage and fire extinguishing
  993  equipment.
  994         d. Errors and omissions.
  995         e. Directors and officers, employment practices, and
  996  management liability.
  997         f. Intellectual property and patent infringement liability.
  998         g. Advertising injury and Internet liability insurance.
  999         h. Property risks rated under a highly protected risks
 1000  rating plan.
 1001         i. Any other commercial lines categories or kinds of
 1002  insurance or types of commercial lines risks that the office
 1003  determines should not be subject to paragraph (2)(a) or
 1004  paragraph (2)(f) because of the existence of a competitive
 1005  market for such insurance, similarity of such insurance to other
 1006  categories or kinds of insurance not subject to paragraph (2)(a)
 1007  or paragraph (2)(f), or to improve the general operational
 1008  efficiency of the office.
 1009         2. Insurers or rating organizations shall establish and use
 1010  rates, rating schedules, or rating manuals to allow the insurer
 1011  a reasonable rate of return on insurance and risks described in
 1012  subparagraph 1. which are written in this state.
 1013         3. An insurer must notify the office of any changes to
 1014  rates for insurance and risks described in subparagraph 1.
 1015  within no later than 30 days after the effective date of the
 1016  change. The notice must include the name of the insurer, the
 1017  type or kind of insurance subject to rate change, total premium
 1018  written during the immediately preceding year by the insurer for
 1019  the type or kind of insurance subject to the rate change, and
 1020  the average statewide percentage change in rates. Underwriting
 1021  files, premiums, losses, and expense statistics with regard to
 1022  such insurance and risks described in subparagraph 1. written by
 1023  an insurer must shall be maintained by the insurer and subject
 1024  to examination by the office. Upon examination, the office
 1025  shall, in accordance with generally accepted and reasonable
 1026  actuarial techniques, shall consider the rate factors in
 1027  paragraphs (2)(b), (c), and (d) and the standards in paragraph
 1028  (2)(e) to determine if the rate is excessive, inadequate, or
 1029  unfairly discriminatory.
 1030         4. A rating organization must notify the office of any
 1031  changes to loss cost for insurance and risks described in
 1032  subparagraph 1. within no later than 30 days after the effective
 1033  date of the change. The notice must include the name of the
 1034  rating organization, the type or kind of insurance subject to a
 1035  loss cost change, loss costs during the immediately preceding
 1036  year for the type or kind of insurance subject to the loss cost
 1037  change, and the average statewide percentage change in loss
 1038  cost. Loss and exposure statistics with regard to risks
 1039  applicable to loss costs for a rating organization not subject
 1040  to paragraph (2)(a) or paragraph (2)(f) must shall be maintained
 1041  by the rating organization and are subject to examination by the
 1042  office. Upon examination, the office shall, in accordance with
 1043  generally accepted and reasonable actuarial techniques, shall
 1044  consider the rate factors in paragraphs (2)(b)-(d) and the
 1045  standards in paragraph (2)(e) to determine if the rate is
 1046  excessive, inadequate, or unfairly discriminatory.
 1047         5. In reviewing a rate, the office may require the insurer
 1048  to provide, at the insurer’s expense, all information necessary
 1049  to evaluate the condition of the company and the reasonableness
 1050  of the rate according to the applicable criteria described in
 1051  this section.
 1052         (4) The establishment of any rate, rating classification,
 1053  rating plan or schedule, or variation thereof in violation of
 1054  part IX of chapter 626 is also in violation of this section. In
 1055  order to enhance the ability of consumers to compare premiums
 1056  and to increase the accuracy and usefulness of rate-comparison
 1057  information provided by the office to the public, the office
 1058  shall develop a proposed standard rating territory plan to be
 1059  used by all authorized property and casualty insurers for
 1060  residential property insurance. In adopting the proposed plan,
 1061  the office may consider geographical characteristics relevant to
 1062  risk, county lines, major roadways, existing rating territories
 1063  used by a significant segment of the market, and other relevant
 1064  factors. Such plan shall be submitted to the President of the
 1065  Senate and the Speaker of the House of Representatives by
 1066  January 15, 2006. The plan may not be implemented unless
 1067  authorized by further act of the Legislature.
 1068         (5) With respect to a rate filing involving coverage of the
 1069  type for which the insurer is required to pay a reimbursement
 1070  premium to the Florida Hurricane Catastrophe Fund, the insurer
 1071  may fully recoup in its property insurance premiums any
 1072  reimbursement premiums paid to the Florida Hurricane Catastrophe
 1073  fund, together with reasonable costs of other reinsurance;
 1074  however, but except as otherwise provided in this section, the
 1075  insurer may not recoup reinsurance costs that duplicate coverage
 1076  provided by the Florida Hurricane Catastrophe fund. An insurer
 1077  may not recoup more than 1 year of reimbursement premium at a
 1078  time. Any under-recoupment from the prior year may be added to
 1079  the following year’s reimbursement premium, and any over
 1080  recoupment must shall be subtracted from the following year’s
 1081  reimbursement premium.
 1082         (6)(a) If an insurer requests an administrative hearing
 1083  pursuant to s. 120.57 related to a rate filing under this
 1084  section, the director of the Division of Administrative Hearings
 1085  shall expedite the hearing and assign an administrative law
 1086  judge who shall commence the hearing within 30 days after the
 1087  receipt of the formal request and shall enter a recommended
 1088  order within 30 days after the hearing or within 30 days after
 1089  receipt of the hearing transcript by the administrative law
 1090  judge, whichever is later. Each party shall have be allowed 10
 1091  days in which to submit written exceptions to the recommended
 1092  order. The office shall enter a final order within 30 days after
 1093  the entry of the recommended order. The provisions of this
 1094  paragraph may be waived upon stipulation of all parties.
 1095         (b) Upon entry of a final order, the insurer may request a
 1096  expedited appellate review pursuant to the Florida Rules of
 1097  Appellate Procedure. It is the intent of the Legislature that
 1098  the First District Court of Appeal grant an insurer’s request
 1099  for an expedited appellate review.
 1100         (7)(a) The provisions of this subsection apply only with
 1101  respect to rates for medical malpractice insurance and shall
 1102  control to the extent of any conflict with other provisions of
 1103  this section.
 1104         (a)(b) Any portion of a judgment entered or settlement paid
 1105  as a result of a statutory or common-law bad faith action and
 1106  any portion of a judgment entered which awards punitive damages
 1107  against an insurer may not be included in the insurer’s rate
 1108  base, and shall not be used to justify a rate or rate change.
 1109  Any common-law bad faith action identified as such, any portion
 1110  of a settlement entered as a result of a statutory or common-law
 1111  action, or any portion of a settlement wherein an insurer agrees
 1112  to pay specific punitive damages may not be used to justify a
 1113  rate or rate change. The portion of the taxable costs and
 1114  attorney’s fees which is identified as being related to the bad
 1115  faith and punitive damages in these judgments and settlements
 1116  may not be included in the insurer’s rate base and used may not
 1117  be utilized to justify a rate or rate change.
 1118         (b)(c) Upon reviewing a rate filing and determining whether
 1119  the rate is excessive, inadequate, or unfairly discriminatory,
 1120  the office shall consider, in accordance with generally accepted
 1121  and reasonable actuarial techniques, past and present
 1122  prospective loss experience, either using loss experience solely
 1123  for this state or giving greater credibility to this state’s
 1124  loss data after applying actuarially sound methods of assigning
 1125  credibility to such data.
 1126         (c)(d) Rates shall be deemed excessive if, among other
 1127  standards established by this section, the rate structure
 1128  provides for replenishment of reserves or surpluses from
 1129  premiums when the replenishment is attributable to investment
 1130  losses.
 1131         (d)(e) The insurer must apply a discount or surcharge based
 1132  on the health care provider’s loss experience or shall establish
 1133  an alternative method giving due consideration to the provider’s
 1134  loss experience. The insurer must include in the filing a copy
 1135  of the surcharge or discount schedule or a description of the
 1136  alternative method used, and must provide a copy of such
 1137  schedule or description, as approved by the office, to
 1138  policyholders at the time of renewal and to prospective
 1139  policyholders at the time of application for coverage.
 1140         (e)(f) Each medical malpractice insurer must make a rate
 1141  filing under this section, sworn to by at least two executive
 1142  officers of the insurer, at least once each calendar year.
 1143         (8)(a)1.No later than 60 days after the effective date of
 1144  medical malpractice legislation enacted during the 2003 Special
 1145  Session D of the Florida Legislature, the office shall calculate
 1146  a presumed factor that reflects the impact that the changes
 1147  contained in such legislation will have on rates for medical
 1148  malpractice insurance and shall issue a notice informing all
 1149  insurers writing medical malpractice coverage of such presumed
 1150  factor. In determining the presumed factor, the office shall use
 1151  generally accepted actuarial techniques and standards provided
 1152  in this section in determining the expected impact on losses,
 1153  expenses, and investment income of the insurer. To the extent
 1154  that the operation of a provision of medical malpractice
 1155  legislation enacted during the 2003 Special Session D of the
 1156  Florida Legislature is stayed pending a constitutional
 1157  challenge, the impact of that provision shall not be included in
 1158  the calculation of a presumed factor under this subparagraph.
 1159         2.No later than 60 days after the office issues its notice
 1160  of the presumed rate change factor under subparagraph 1., each
 1161  insurer writing medical malpractice coverage in this state shall
 1162  submit to the office a rate filing for medical malpractice
 1163  insurance, which will take effect no later than January 1, 2004,
 1164  and apply retroactively to policies issued or renewed on or
 1165  after the effective date of medical malpractice legislation
 1166  enacted during the 2003 Special Session D of the Florida
 1167  Legislature. Except as authorized under paragraph (b), the
 1168  filing shall reflect an overall rate reduction at least as great
 1169  as the presumed factor determined under subparagraph 1. With
 1170  respect to policies issued on or after the effective date of
 1171  such legislation and prior to the effective date of the rate
 1172  filing required by this subsection, the office shall order the
 1173  insurer to make a refund of the amount that was charged in
 1174  excess of the rate that is approved.
 1175         (b)Any insurer or rating organization that contends that
 1176  the rate provided for in paragraph (a) is excessive, inadequate,
 1177  or unfairly discriminatory shall separately state in its filing
 1178  the rate it contends is appropriate and shall state with
 1179  specificity the factors or data that it contends should be
 1180  considered in order to produce such appropriate rate. The
 1181  insurer or rating organization shall be permitted to use all of
 1182  the generally accepted actuarial techniques provided in this
 1183  section in making any filing pursuant to this subsection. The
 1184  office shall review each such exception and approve or
 1185  disapprove it prior to use. It shall be the insurer’s burden to
 1186  actuarially justify any deviations from the rates required to be
 1187  filed under paragraph (a). The insurer making a filing under
 1188  this paragraph shall include in the filing the expected impact
 1189  of medical malpractice legislation enacted during the 2003
 1190  Special Session D of the Florida Legislature on losses,
 1191  expenses, and rates.
 1192         (c)If any provision of medical malpractice legislation
 1193  enacted during the 2003 Special Session D of the Florida
 1194  Legislature is held invalid by a court of competent
 1195  jurisdiction, the office shall permit an adjustment of all
 1196  medical malpractice rates filed under this section to reflect
 1197  the impact of such holding on such rates so as to ensure that
 1198  the rates are not excessive, inadequate, or unfairly
 1199  discriminatory.
 1200         (d)Rates approved on or before July 1, 2003, for medical
 1201  malpractice insurance shall remain in effect until the effective
 1202  date of a new rate filing approved under this subsection.
 1203         (e)The calculation and notice by the office of the
 1204  presumed factor pursuant to paragraph (a) is not an order or
 1205  rule that is subject to chapter 120. If the office enters into a
 1206  contract with an independent consultant to assist the office in
 1207  calculating the presumed factor, such contract shall not be
 1208  subject to the competitive solicitation requirements of s.
 1209  287.057.
 1210         (8)(9)(a) The chief executive officer or chief financial
 1211  officer of a property insurer and the chief actuary of a
 1212  property insurer must certify under oath and subject to the
 1213  penalty of perjury, on a form approved by the commission, the
 1214  following information, which must accompany a rate filing:
 1215         1. The signing officer and actuary have reviewed the rate
 1216  filing;
 1217         2. Based on the signing officer’s and actuary’s knowledge,
 1218  the rate filing does not contain any untrue statement of a
 1219  material fact or omit to state a material fact necessary in
 1220  order to make the statements made, in light of the circumstances
 1221  under which such statements were made, not misleading;
 1222         3. Based on the signing officer’s and actuary’s knowledge,
 1223  the information and other factors described in paragraph (2)(b),
 1224  including, but not limited to, investment income, fairly present
 1225  in all material respects the basis of the rate filing for the
 1226  periods presented in the filing; and
 1227         4. Based on the signing officer’s and actuary’s knowledge,
 1228  the rate filing reflects all premium savings that are reasonably
 1229  expected to result from legislative enactments and are in
 1230  accordance with generally accepted and reasonable actuarial
 1231  techniques.
 1232         (b) A signing officer or actuary who knowingly makes making
 1233  a false certification under this subsection commits a violation
 1234  of s. 626.9541(1)(e) and is subject to the penalties under s.
 1235  626.9521.
 1236         (c) Failure to provide such certification by the officer
 1237  and actuary shall result in the rate filing being disapproved
 1238  without prejudice to be refiled.
 1239         (d) A certification made pursuant to paragraph (a) is not
 1240  rendered false if, after making the subject rate filing, the
 1241  insurer provides the office with additional or supplementary
 1242  information pursuant to a formal or informal request from the
 1243  office.
 1244         (e)(d) The commission may adopt rules and forms pursuant to
 1245  ss. 120.536(1) and 120.54 to administer this subsection.
 1246         (9)(10) The burden is on the office to establish that rates
 1247  are excessive for personal lines residential coverage with a
 1248  dwelling replacement cost of $1 million or more or for a single
 1249  condominium unit with a combined dwelling and contents
 1250  replacement cost of $1 million or more. Upon request of the
 1251  office, the insurer shall provide to the office such loss and
 1252  expense information as the office reasonably needs to meet this
 1253  burden.
 1254         (10)(11) Any interest paid pursuant to s. 627.70131(5) may
 1255  not be included in the insurer’s rate base and may not be used
 1256  to justify a rate or rate change.
 1257         Section 14. Subsections (1) and (5) and paragraph (b) of
 1258  subsection (8) of section 627.0629, Florida Statutes, are
 1259  amended to read:
 1260         627.0629 Residential property insurance; rate filings.—
 1261         (1)(a) It is the intent of the Legislature that insurers
 1262  must provide the most accurate pricing signals available in
 1263  order savings to encourage consumers to who install or implement
 1264  windstorm damage mitigation techniques, alterations, or
 1265  solutions to their properties to prevent windstorm losses. It is
 1266  also the intent of the Legislature that implementation of
 1267  mitigation discounts not result in a loss of income to the
 1268  insurers granting the discounts, so that the aggregate of such
 1269  discounts not exceed the aggregate of the expected reduction in
 1270  loss attributable to the mitigation efforts for which discounts
 1271  are granted. A rate filing for residential property insurance
 1272  must include actuarially reasonable discounts, credits, debits,
 1273  or other rate differentials, or appropriate reductions in
 1274  deductibles, which provide the proper pricing for all
 1275  properties. The rate filing must take into account the presence
 1276  or absence of on which fixtures or construction techniques
 1277  demonstrated to reduce the amount of loss in a windstorm which
 1278  have been installed or implemented. The fixtures or construction
 1279  techniques must shall include, but not be limited to, fixtures
 1280  or construction techniques that which enhance roof strength,
 1281  roof covering performance, roof-to-wall strength, wall-to-floor
 1282  to-foundation strength, opening protection, and window, door,
 1283  and skylight strength. Credits, debits, discounts, or other rate
 1284  differentials, or appropriate reductions or increases in
 1285  deductibles, which recognize the presence or absence of for
 1286  fixtures and construction techniques that which meet the minimum
 1287  requirements of the Florida Building Code must be included in
 1288  the rate filing. If an insurer demonstrates that the aggregate
 1289  of its mitigation discounts results in a reduction to revenue
 1290  which exceeds the reduction of the aggregate loss that is
 1291  expected to result from the mitigation, the insurer may recover
 1292  the lost revenue through an increase in its base rates. All
 1293  insurance companies must make a rate filing which includes the
 1294  credits, discounts, or other rate differentials or reductions in
 1295  deductibles by February 28, 2003. By July 1, 2007, the office
 1296  shall reevaluate the discounts, credits, other rate
 1297  differentials, and appropriate reductions in deductibles for
 1298  fixtures and construction techniques that meet the minimum
 1299  requirements of the Florida Building Code, based upon actual
 1300  experience or any other loss relativity studies available to the
 1301  office. The office shall determine the discounts, credits,
 1302  debits, other rate differentials, and appropriate reductions or
 1303  increases in deductibles that reflect the full actuarial value
 1304  of such revaluation, which may be used by insurers in rate
 1305  filings.
 1306         (b) By February 1, 2011, the Office of Insurance
 1307  Regulation, in consultation with the Department of Financial
 1308  Services and the Department of Community Affairs, shall develop
 1309  and make publicly available a proposed method for insurers to
 1310  establish discounts, credits, or other rate differentials for
 1311  hurricane mitigation measures which directly correlate to the
 1312  numerical rating assigned to a structure pursuant to the uniform
 1313  home grading scale adopted by the Financial Services Commission
 1314  pursuant to s. 215.55865, including any proposed changes to the
 1315  uniform home grading scale. By October 1, 2011, the commission
 1316  shall adopt rules requiring insurers to make rate filings for
 1317  residential property insurance which revise insurers’ discounts,
 1318  credits, or other rate differentials for hurricane mitigation
 1319  measures so that such rate differentials correlate directly to
 1320  the uniform home grading scale. The rules may include such
 1321  changes to the uniform home grading scale as the commission
 1322  determines are necessary, and may specify the minimum required
 1323  discounts, credits, or other rate differentials. Such rate
 1324  differentials must be consistent with generally accepted
 1325  actuarial principles and wind-loss mitigation studies. The rules
 1326  shall allow a period of at least 2 years after the effective
 1327  date of the revised mitigation discounts, credits, or other rate
 1328  differentials for a property owner to obtain an inspection or
 1329  otherwise qualify for the revised credit, during which time the
 1330  insurer shall continue to apply the mitigation credit that was
 1331  applied immediately prior to the effective date of the revised
 1332  credit. Discounts, credits, and other rate differentials
 1333  established for rate filings under this paragraph shall
 1334  supersede, after adoption, the discounts, credits, and other
 1335  rate differentials included in rate filings under paragraph (a).
 1336         (5) In order to provide an appropriate transition period,
 1337  an insurer may, in its sole discretion, implement an approved
 1338  rate filing for residential property insurance over a period of
 1339  years. Such An insurer electing to phase in its rate filing must
 1340  provide an informational notice to the office setting out its
 1341  schedule for implementation of the phased-in rate filing. The An
 1342  insurer may include in its rate the actual cost of private
 1343  market reinsurance that corresponds to available coverage of the
 1344  Temporary Increase in Coverage Limits, TICL, from the Florida
 1345  Hurricane Catastrophe Fund. The insurer may also include the
 1346  cost of reinsurance to replace the TICL reduction implemented
 1347  pursuant to s. 215.555(17)(d)9. However, this cost for
 1348  reinsurance may not include any expense or profit load or result
 1349  in a total annual base rate increase in excess of 10 percent.
 1350         (8) EVALUATION OF RESIDENTIAL PROPERTY STRUCTURAL
 1351  SOUNDNESS.—
 1352         (b) To the extent that funds are provided for this purpose
 1353  in the General Appropriations Act, the Legislature hereby
 1354  authorizes the establishment of a program to be administered by
 1355  the Citizens Property Insurance Corporation for homeowners
 1356  insured in the coastal high-risk account is authorized.
 1357         Section 15. Paragraphs (b), (c), (d), (v), and (y) of
 1358  subsection (6) of section 627.351, Florida Statutes, are amended
 1359  to read:
 1360         627.351 Insurance risk apportionment plans.—
 1361         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1362         (b)1. All insurers authorized to write one or more subject
 1363  lines of business in this state are subject to assessment by the
 1364  corporation and, for the purposes of this subsection, are
 1365  referred to collectively as “assessable insurers.” Insurers
 1366  writing one or more subject lines of business in this state
 1367  pursuant to part VIII of chapter 626 are not assessable
 1368  insurers, but insureds who procure one or more subject lines of
 1369  business in this state pursuant to part VIII of chapter 626 are
 1370  subject to assessment by the corporation and are referred to
 1371  collectively as “assessable insureds.” An authorized insurer’s
 1372  assessment liability begins shall begin on the first day of the
 1373  calendar year following the year in which the insurer was issued
 1374  a certificate of authority to transact insurance for subject
 1375  lines of business in this state and terminates shall terminate 1
 1376  year after the end of the first calendar year during which the
 1377  insurer no longer holds a certificate of authority to transact
 1378  insurance for subject lines of business in this state.
 1379         2.a. All revenues, assets, liabilities, losses, and
 1380  expenses of the corporation shall be divided into three separate
 1381  accounts as follows:
 1382         (I) A personal lines account for personal residential
 1383  policies issued by the corporation, or issued by the Residential
 1384  Property and Casualty Joint Underwriting Association and renewed
 1385  by the corporation, which provides that provide comprehensive,
 1386  multiperil coverage on risks that are not located in areas
 1387  eligible for coverage by in the Florida Windstorm Underwriting
 1388  Association as those areas were defined on January 1, 2002, and
 1389  for such policies that do not provide coverage for the peril of
 1390  wind on risks that are located in such areas;
 1391         (II) A commercial lines account for commercial residential
 1392  and commercial nonresidential policies issued by the
 1393  corporation, or issued by the Residential Property and Casualty
 1394  Joint Underwriting Association and renewed by the corporation,
 1395  which provides that provide coverage for basic property perils
 1396  on risks that are not located in areas eligible for coverage by
 1397  in the Florida Windstorm Underwriting Association as those areas
 1398  were defined on January 1, 2002, and for such policies that do
 1399  not provide coverage for the peril of wind on risks that are
 1400  located in such areas; and
 1401         (III) A coastal high-risk account for personal residential
 1402  policies and commercial residential and commercial
 1403  nonresidential property policies issued by the corporation, or
 1404  transferred to the corporation, which provides that provide
 1405  coverage for the peril of wind on risks that are located in
 1406  areas eligible for coverage by in the Florida Windstorm
 1407  Underwriting Association as those areas were defined on January
 1408  1, 2002. The corporation may offer policies that provide
 1409  multiperil coverage and the corporation shall continue to offer
 1410  policies that provide coverage only for the peril of wind for
 1411  risks located in areas eligible for coverage in the coastal
 1412  high-risk account. In issuing multiperil coverage, the
 1413  corporation may use its approved policy forms and rates for the
 1414  personal lines account. An applicant or insured who is eligible
 1415  to purchase a multiperil policy from the corporation may
 1416  purchase a multiperil policy from an authorized insurer without
 1417  prejudice to the applicant’s or insured’s eligibility to
 1418  prospectively purchase a policy that provides coverage only for
 1419  the peril of wind from the corporation. An applicant or insured
 1420  who is eligible for a corporation policy that provides coverage
 1421  only for the peril of wind may elect to purchase or retain such
 1422  policy and also purchase or retain coverage excluding wind from
 1423  an authorized insurer without prejudice to the applicant’s or
 1424  insured’s eligibility to prospectively purchase a policy that
 1425  provides multiperil coverage from the corporation. It is the
 1426  goal of the Legislature that there would be an overall average
 1427  savings of 10 percent or more for a policyholder who currently
 1428  has a wind-only policy with the corporation, and an ex-wind
 1429  policy with a voluntary insurer or the corporation, and who then
 1430  obtains a multiperil policy from the corporation. It is the
 1431  intent of the Legislature that the offer of multiperil coverage
 1432  in the coastal high-risk account be made and implemented in a
 1433  manner that does not adversely affect the tax-exempt status of
 1434  the corporation or creditworthiness of or security for currently
 1435  outstanding financing obligations or credit facilities of the
 1436  coastal high-risk account, the personal lines account, or the
 1437  commercial lines account. The coastal high-risk account must
 1438  also include quota share primary insurance under subparagraph
 1439  (c)2. The area eligible for coverage under the coastal high-risk
 1440  account also includes the area within Port Canaveral, which is
 1441  bordered on the south by the City of Cape Canaveral, bordered on
 1442  the west by the Banana River, and bordered on the north by
 1443  Federal Government property.
 1444         b. The three separate accounts must be maintained as long
 1445  as financing obligations entered into by the Florida Windstorm
 1446  Underwriting Association or Residential Property and Casualty
 1447  Joint Underwriting Association are outstanding, in accordance
 1448  with the terms of the corresponding financing documents. If When
 1449  the financing obligations are no longer outstanding, in
 1450  accordance with the terms of the corresponding financing
 1451  documents, the corporation may use a single account for all
 1452  revenues, assets, liabilities, losses, and expenses of the
 1453  corporation. Consistent with the requirement of this
 1454  subparagraph and prudent investment policies that minimize the
 1455  cost of carrying debt, the board shall exercise its best efforts
 1456  to retire existing debt or to obtain the approval of necessary
 1457  parties to amend the terms of existing debt, so as to structure
 1458  the most efficient plan to consolidate the three separate
 1459  accounts into a single account.
 1460         c. Creditors of the Residential Property and Casualty Joint
 1461  Underwriting Association and of the accounts specified in sub
 1462  sub-subparagraphs a.(I) and (II) may have a claim against, and
 1463  recourse to, those the accounts referred to in sub-sub
 1464  subparagraphs a.(I) and (II) and shall have no claim against, or
 1465  recourse to, the account referred to in sub-sub-subparagraph
 1466  a.(III). Creditors of the Florida Windstorm Underwriting
 1467  Association shall have a claim against, and recourse to, the
 1468  account referred to in sub-sub-subparagraph a.(III) and shall
 1469  have no claim against, or recourse to, the accounts referred to
 1470  in sub-sub-subparagraphs a.(I) and (II).
 1471         d. Revenues, assets, liabilities, losses, and expenses not
 1472  attributable to particular accounts shall be prorated among the
 1473  accounts.
 1474         e. The Legislature finds that the revenues of the
 1475  corporation are revenues that are necessary to meet the
 1476  requirements set forth in documents authorizing the issuance of
 1477  bonds under this subsection.
 1478         f. No part of the income of the corporation may inure to
 1479  the benefit of any private person.
 1480         3. With respect to a deficit in an account:
 1481         a. After accounting for the Citizens policyholder surcharge
 1482  imposed under sub-subparagraph h. i., if when the remaining
 1483  projected deficit incurred in a particular calendar year:
 1484         (I) Is not greater than 6 percent of the aggregate
 1485  statewide direct written premium for the subject lines of
 1486  business for the prior calendar year, the entire deficit shall
 1487  be recovered through regular assessments of assessable insurers
 1488  under paragraph (q) and assessable insureds.
 1489         (II)b.After accounting for the Citizens policyholder
 1490  surcharge imposed under sub-subparagraph i., when the remaining
 1491  projected deficit incurred in a particular calendar year Exceeds
 1492  6 percent of the aggregate statewide direct written premium for
 1493  the subject lines of business for the prior calendar year, the
 1494  corporation shall levy regular assessments on assessable
 1495  insurers under paragraph (q) and on assessable insureds in an
 1496  amount equal to the greater of 6 percent of the deficit or 6
 1497  percent of the aggregate statewide direct written premium for
 1498  the subject lines of business for the prior calendar year. Any
 1499  remaining deficit shall be recovered through emergency
 1500  assessments under sub-subparagraph c. d.
 1501         b.c. Each assessable insurer’s share of the amount being
 1502  assessed under sub-subparagraph a. must or sub-subparagraph b.
 1503  shall be in the proportion that the assessable insurer’s direct
 1504  written premium for the subject lines of business for the year
 1505  preceding the assessment bears to the aggregate statewide direct
 1506  written premium for the subject lines of business for that year.
 1507  The applicable assessment percentage applicable to each
 1508  assessable insured is the ratio of the amount being assessed
 1509  under sub-subparagraph a. or sub-subparagraph b. to the
 1510  aggregate statewide direct written premium for the subject lines
 1511  of business for the prior year. Assessments levied by the
 1512  corporation on assessable insurers under sub-subparagraphs a.
 1513  and b. must shall be paid as required by the corporation’s plan
 1514  of operation and paragraph (q),. Assessments levied by the
 1515  corporation on assessable insureds under sub-subparagraphs a.
 1516  and b. shall be collected by the surplus lines agent at the time
 1517  the surplus lines agent collects the surplus lines tax required
 1518  by s. 626.932, and shall be paid to the Florida Surplus Lines
 1519  Service Office at the time the surplus lines agent pays the
 1520  surplus lines tax to that the Florida Surplus Lines Service
 1521  office. Upon receipt of regular assessments from surplus lines
 1522  agents, the Florida Surplus Lines Service Office shall transfer
 1523  the assessments directly to the corporation as determined by the
 1524  corporation.
 1525         c.d. Upon a determination by the board of governors that a
 1526  deficit in an account exceeds the amount that will be recovered
 1527  through regular assessments under sub-subparagraph a. or sub
 1528  subparagraph b., plus the amount that is expected to be
 1529  recovered through surcharges under sub-subparagraph h. i., as to
 1530  the remaining projected deficit the board shall levy, after
 1531  verification by the office, shall levy emergency assessments,
 1532  for as many years as necessary to cover the deficits, to be
 1533  collected by assessable insurers and the corporation and
 1534  collected from assessable insureds upon issuance or renewal of
 1535  policies for subject lines of business, excluding National Flood
 1536  Insurance policies. The amount of the emergency assessment
 1537  collected in a particular year must shall be a uniform
 1538  percentage of that year’s direct written premium for subject
 1539  lines of business and all accounts of the corporation, excluding
 1540  National Flood Insurance Program policy premiums, as annually
 1541  determined by the board and verified by the office. The office
 1542  shall verify the arithmetic calculations involved in the board’s
 1543  determination within 30 days after receipt of the information on
 1544  which the determination was based. Notwithstanding any other
 1545  provision of law, the corporation and each assessable insurer
 1546  that writes subject lines of business shall collect emergency
 1547  assessments from its policyholders without such obligation being
 1548  affected by any credit, limitation, exemption, or deferment.
 1549  Emergency assessments levied by the corporation on assessable
 1550  insureds shall be collected by the surplus lines agent at the
 1551  time the surplus lines agent collects the surplus lines tax
 1552  required by s. 626.932 and shall be paid to the Florida Surplus
 1553  Lines Service Office at the time the surplus lines agent pays
 1554  the surplus lines tax to that the Florida Surplus Lines Service
 1555  office. The emergency assessments so collected shall be
 1556  transferred directly to the corporation on a periodic basis as
 1557  determined by the corporation and shall be held by the
 1558  corporation solely in the applicable account. The aggregate
 1559  amount of emergency assessments levied for an account under this
 1560  sub-subparagraph in any calendar year may, at the discretion of
 1561  the board of governors, be less than but may not exceed the
 1562  greater of 10 percent of the amount needed to cover the deficit,
 1563  plus interest, fees, commissions, required reserves, and other
 1564  costs associated with financing of the original deficit, or 10
 1565  percent of the aggregate statewide direct written premium for
 1566  subject lines of business and for all accounts of the
 1567  corporation for the prior year, plus interest, fees,
 1568  commissions, required reserves, and other costs associated with
 1569  financing the deficit.
 1570         d.e. The corporation may pledge the proceeds of
 1571  assessments, projected recoveries from the Florida Hurricane
 1572  Catastrophe Fund, other insurance and reinsurance recoverables,
 1573  policyholder surcharges and other surcharges, and other funds
 1574  available to the corporation as the source of revenue for and to
 1575  secure bonds issued under paragraph (q), bonds or other
 1576  indebtedness issued under subparagraph (c)3., or lines of credit
 1577  or other financing mechanisms issued or created under this
 1578  subsection, or to retire any other debt incurred as a result of
 1579  deficits or events giving rise to deficits, or in any other way
 1580  that the board determines will efficiently recover such
 1581  deficits. The purpose of the lines of credit or other financing
 1582  mechanisms is to provide additional resources to assist the
 1583  corporation in covering claims and expenses attributable to a
 1584  catastrophe. As used in this subsection, the term “assessments”
 1585  includes regular assessments under sub-subparagraph a., sub
 1586  subparagraph b., or subparagraph (q)1. and emergency assessments
 1587  under sub-subparagraph d. Emergency assessments collected under
 1588  sub-subparagraph d. are not part of an insurer’s rates, are not
 1589  premium, and are not subject to premium tax, fees, or
 1590  commissions; however, failure to pay the emergency assessment
 1591  shall be treated as failure to pay premium. The emergency
 1592  assessments under sub-subparagraph c. d. shall continue as long
 1593  as any bonds issued or other indebtedness incurred with respect
 1594  to a deficit for which the assessment was imposed remain
 1595  outstanding, unless adequate provision has been made for the
 1596  payment of such bonds or other indebtedness pursuant to the
 1597  documents governing such bonds or other indebtedness.
 1598         e.f. As used in this subsection for purposes of any deficit
 1599  incurred on or after January 25, 2007, the term “subject lines
 1600  of business” means insurance written by assessable insurers or
 1601  procured by assessable insureds for all property and casualty
 1602  lines of business in this state, but not including workers’
 1603  compensation or medical malpractice. As used in this the sub
 1604  subparagraph, the term “property and casualty lines of business”
 1605  includes all lines of business identified on Form 2, Exhibit of
 1606  Premiums and Losses, in the annual statement required of
 1607  authorized insurers under by s. 624.424 and any rule adopted
 1608  under this section, except for those lines identified as
 1609  accident and health insurance and except for policies written
 1610  under the National Flood Insurance Program or the Federal Crop
 1611  Insurance Program. For purposes of this sub-subparagraph, the
 1612  term “workers’ compensation” includes both workers’ compensation
 1613  insurance and excess workers’ compensation insurance.
 1614         f.g. The Florida Surplus Lines Service Office shall
 1615  determine annually the aggregate statewide written premium in
 1616  subject lines of business procured by assessable insureds and
 1617  shall report that information to the corporation in a form and
 1618  at a time the corporation specifies to ensure that the
 1619  corporation can meet the requirements of this subsection and the
 1620  corporation’s financing obligations.
 1621         g.h. The Florida Surplus Lines Service Office shall verify
 1622  the proper application by surplus lines agents of assessment
 1623  percentages for regular assessments and emergency assessments
 1624  levied under this subparagraph on assessable insureds and shall
 1625  assist the corporation in ensuring the accurate, timely
 1626  collection and payment of assessments by surplus lines agents as
 1627  required by the corporation.
 1628         h.i. If a deficit is incurred in any account in 2008 or
 1629  thereafter, the board of governors shall levy a Citizens
 1630  policyholder surcharge against all policyholders of the
 1631  corporation. for a 12-month period, which
 1632         (I) The surcharge shall be levied collected at the time of
 1633  issuance or renewal of a policy, as a uniform percentage of the
 1634  premium for the policy of up to 15 percent of such premium,
 1635  which funds shall be used to offset the deficit.
 1636         (II) The surcharge is payable upon cancellation or
 1637  termination of the policy, upon renewal of the policy, or upon
 1638  issuance of a new policy by the corporation within the first 12
 1639  months after the date of the levy or the period of time
 1640  necessary to fully collect the surcharge amount.
 1641         (III) The corporation may not levy any regular assessments
 1642  under paragraph (q) pursuant to sub-subparagraph a. or sub
 1643  subparagraph b. with respect to a particular year’s deficit
 1644  until the corporation has first levied the full amount of the
 1645  surcharge authorized by this sub-subparagraph.
 1646         (IV) The surcharge is Citizens policyholder surcharges
 1647  under this sub-subparagraph are not considered premium and is
 1648  are not subject to commissions, fees, or premium taxes. However,
 1649  failure to pay the surcharge such surcharges shall be treated as
 1650  failure to pay premium.
 1651         i.j. If the amount of any assessments or surcharges
 1652  collected from corporation policyholders, assessable insurers or
 1653  their policyholders, or assessable insureds exceeds the amount
 1654  of the deficits, such excess amounts shall be remitted to and
 1655  retained by the corporation in a reserve to be used by the
 1656  corporation, as determined by the board of governors and
 1657  approved by the office, to pay claims or reduce any past,
 1658  present, or future plan-year deficits or to reduce outstanding
 1659  debt.
 1660         (c) The corporation’s plan of operation of the corporation:
 1661         1. Must provide for adoption of residential property and
 1662  casualty insurance policy forms and commercial residential and
 1663  nonresidential property insurance forms, which forms must be
 1664  approved by the office before prior to use. The corporation
 1665  shall adopt the following policy forms:
 1666         a. Standard personal lines policy forms that are
 1667  comprehensive multiperil policies providing full coverage of a
 1668  residential property equivalent to the coverage provided in the
 1669  private insurance market under an HO-3, HO-4, or HO-6 policy.
 1670         b. Basic personal lines policy forms that are policies
 1671  similar to an HO-8 policy or a dwelling fire policy that provide
 1672  coverage meeting the requirements of the secondary mortgage
 1673  market, but which coverage is more limited than the coverage
 1674  under a standard policy.
 1675         c. Commercial lines residential and nonresidential policy
 1676  forms that are generally similar to the basic perils of full
 1677  coverage obtainable for commercial residential structures and
 1678  commercial nonresidential structures in the admitted voluntary
 1679  market.
 1680         d. Personal lines and commercial lines residential property
 1681  insurance forms that cover the peril of wind only. The forms are
 1682  applicable only to residential properties located in areas
 1683  eligible for coverage under the coastal high-risk account
 1684  referred to in sub-subparagraph (b)2.a.
 1685         e. Commercial lines nonresidential property insurance forms
 1686  that cover the peril of wind only. The forms are applicable only
 1687  to nonresidential properties located in areas eligible for
 1688  coverage under the coastal high-risk account referred to in sub
 1689  subparagraph (b)2.a.
 1690         f. The corporation may adopt variations of the policy forms
 1691  listed in sub-subparagraphs a.-e. which that contain more
 1692  restrictive coverage.
 1693         2.a. Must provide that the corporation adopt a program in
 1694  which the corporation and authorized insurers enter into quota
 1695  share primary insurance agreements for hurricane coverage, as
 1696  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 1697  property insurance forms for eligible risks which cover the
 1698  peril of wind only.
 1699         a. As used in this subsection, the term:
 1700         (I) “Quota share primary insurance” means an arrangement in
 1701  which the primary hurricane coverage of an eligible risk is
 1702  provided in specified percentages by the corporation and an
 1703  authorized insurer. The corporation and authorized insurer are
 1704  each solely responsible for a specified percentage of hurricane
 1705  coverage of an eligible risk as set forth in a quota share
 1706  primary insurance agreement between the corporation and an
 1707  authorized insurer and the insurance contract. The
 1708  responsibility of the corporation or authorized insurer to pay
 1709  its specified percentage of hurricane losses of an eligible
 1710  risk, as set forth in the quota share primary insurance
 1711  agreement, may not be altered by the inability of the other
 1712  party to the agreement to pay its specified percentage of
 1713  hurricane losses. Eligible risks that are provided hurricane
 1714  coverage through a quota share primary insurance arrangement
 1715  must be provided policy forms that set forth the obligations of
 1716  the corporation and authorized insurer under the arrangement,
 1717  clearly specify the percentages of quota share primary insurance
 1718  provided by the corporation and authorized insurer, and
 1719  conspicuously and clearly state that neither the authorized
 1720  insurer and nor the corporation may not be held responsible
 1721  beyond their its specified percentage of coverage of hurricane
 1722  losses.
 1723         (II) “Eligible risks” means personal lines residential and
 1724  commercial lines residential risks that meet the underwriting
 1725  criteria of the corporation and are located in areas that were
 1726  eligible for coverage by the Florida Windstorm Underwriting
 1727  Association on January 1, 2002.
 1728         b. The corporation may enter into quota share primary
 1729  insurance agreements with authorized insurers at corporation
 1730  coverage levels of 90 percent and 50 percent.
 1731         c. If the corporation determines that additional coverage
 1732  levels are necessary to maximize participation in quota share
 1733  primary insurance agreements by authorized insurers, the
 1734  corporation may establish additional coverage levels. However,
 1735  the corporation’s quota share primary insurance coverage level
 1736  may not exceed 90 percent.
 1737         d. Any quota share primary insurance agreement entered into
 1738  between an authorized insurer and the corporation must provide
 1739  for a uniform specified percentage of coverage of hurricane
 1740  losses, by county or territory as set forth by the corporation
 1741  board, for all eligible risks of the authorized insurer covered
 1742  under the quota share primary insurance agreement.
 1743         e. Any quota share primary insurance agreement entered into
 1744  between an authorized insurer and the corporation is subject to
 1745  review and approval by the office. However, such agreement shall
 1746  be authorized only as to insurance contracts entered into
 1747  between an authorized insurer and an insured who is already
 1748  insured by the corporation for wind coverage.
 1749         f. For all eligible risks covered under quota share primary
 1750  insurance agreements, the exposure and coverage levels for both
 1751  the corporation and authorized insurers shall be reported by the
 1752  corporation to the Florida Hurricane Catastrophe Fund. For all
 1753  policies of eligible risks covered under such quota share
 1754  primary insurance agreements, the corporation and the authorized
 1755  insurer must shall maintain complete and accurate records for
 1756  the purpose of exposure and loss reimbursement audits as
 1757  required by Florida Hurricane Catastrophe fund rules. The
 1758  corporation and the authorized insurer shall each maintain
 1759  duplicate copies of policy declaration pages and supporting
 1760  claims documents.
 1761         g. The corporation board shall establish in its plan of
 1762  operation standards for quota share agreements which ensure that
 1763  there is no discriminatory application among insurers as to the
 1764  terms of the quota share agreements, pricing of the quota share
 1765  agreements, incentive provisions if any, and consideration paid
 1766  for servicing policies or adjusting claims.
 1767         h. The quota share primary insurance agreement between the
 1768  corporation and an authorized insurer must set forth the
 1769  specific terms under which coverage is provided, including, but
 1770  not limited to, the sale and servicing of policies issued under
 1771  the agreement by the insurance agent of the authorized insurer
 1772  producing the business, the reporting of information concerning
 1773  eligible risks, the payment of premium to the corporation, and
 1774  arrangements for the adjustment and payment of hurricane claims
 1775  incurred on eligible risks by the claims adjuster and personnel
 1776  of the authorized insurer. Entering into a quota sharing
 1777  insurance agreement between the corporation and an authorized
 1778  insurer is shall be voluntary and at the discretion of the
 1779  authorized insurer.
 1780         3. May provide that the corporation may employ or otherwise
 1781  contract with individuals or other entities to provide
 1782  administrative or professional services that may be appropriate
 1783  to effectuate the plan. The corporation may shall have the power
 1784  to borrow funds, by issuing bonds or by incurring other
 1785  indebtedness, and shall have other powers reasonably necessary
 1786  to effectuate the requirements of this subsection, including,
 1787  without limitation, the power to issue bonds and incur other
 1788  indebtedness in order to refinance outstanding bonds or other
 1789  indebtedness. The corporation may, but is not required to, seek
 1790  judicial validation of its bonds or other indebtedness under
 1791  chapter 75. The corporation may issue bonds or incur other
 1792  indebtedness, or have bonds issued on its behalf by a unit of
 1793  local government pursuant to subparagraph (q)2., in the absence
 1794  of a hurricane or other weather-related event, upon a
 1795  determination by the corporation, subject to approval by the
 1796  office, that such action would enable it to efficiently meet the
 1797  financial obligations of the corporation and that such
 1798  financings are reasonably necessary to effectuate the
 1799  requirements of this subsection. The corporation may is
 1800  authorized to take all actions needed to facilitate tax-free
 1801  status for any such bonds or indebtedness, including formation
 1802  of trusts or other affiliated entities. The corporation may
 1803  shall have the authority to pledge assessments, projected
 1804  recoveries from the Florida Hurricane Catastrophe Fund, other
 1805  reinsurance recoverables, market equalization and other
 1806  surcharges, and other funds available to the corporation as
 1807  security for bonds or other indebtedness. In recognition of s.
 1808  10, Art. I of the State Constitution, prohibiting the impairment
 1809  of obligations of contracts, it is the intent of the Legislature
 1810  that no action be taken whose purpose is to impair any bond
 1811  indenture or financing agreement or any revenue source committed
 1812  by contract to such bond or other indebtedness.
 1813         4.a. Must require that the corporation operate subject to
 1814  the supervision and approval of a board of governors consisting
 1815  of eight individuals who are residents of this state, from
 1816  different geographical areas of this state.
 1817         a. The Governor, the Chief Financial Officer, the President
 1818  of the Senate, and the Speaker of the House of Representatives
 1819  shall each appoint two members of the board. At least one of the
 1820  two members appointed by each appointing officer must have
 1821  demonstrated expertise in insurance, and is deemed to be within
 1822  the scope of the exemption provided in s. 112.313(7)(b). The
 1823  Chief Financial Officer shall designate one of the appointees as
 1824  chair. All board members serve at the pleasure of the appointing
 1825  officer. All members of the board of governors are subject to
 1826  removal at will by the officers who appointed them. All board
 1827  members, including the chair, must be appointed to serve for 3
 1828  year terms beginning annually on a date designated by the plan.
 1829  However, for the first term beginning on or after July 1, 2009,
 1830  each appointing officer shall appoint one member of the board
 1831  for a 2-year term and one member for a 3-year term. A Any board
 1832  vacancy shall be filled for the unexpired term by the appointing
 1833  officer. The Chief Financial Officer shall appoint a technical
 1834  advisory group to provide information and advice to the board of
 1835  governors in connection with the board’s duties under this
 1836  subsection. The executive director and senior managers of the
 1837  corporation shall be engaged by the board and serve at the
 1838  pleasure of the board. Any executive director appointed on or
 1839  after July 1, 2006, is subject to confirmation by the Senate.
 1840  The executive director is responsible for employing other staff
 1841  as the corporation may require, subject to review and
 1842  concurrence by the board.
 1843         b. The board shall create a Market Accountability Advisory
 1844  Committee to assist the corporation in developing awareness of
 1845  its rates and its customer and agent service levels in
 1846  relationship to the voluntary market insurers writing similar
 1847  coverage.
 1848         (I) The members of the advisory committee shall consist of
 1849  the following 11 persons, one of whom must be elected chair by
 1850  the members of the committee: four representatives, one
 1851  appointed by the Florida Association of Insurance Agents, one by
 1852  the Florida Association of Insurance and Financial Advisors, one
 1853  by the Professional Insurance Agents of Florida, and one by the
 1854  Latin American Association of Insurance Agencies; three
 1855  representatives appointed by the insurers with the three highest
 1856  voluntary market share of residential property insurance
 1857  business in the state; one representative from the Office of
 1858  Insurance Regulation; one consumer appointed by the board who is
 1859  insured by the corporation at the time of appointment to the
 1860  committee; one representative appointed by the Florida
 1861  Association of Realtors; and one representative appointed by the
 1862  Florida Bankers Association. All members shall be appointed to
 1863  must serve for 3-year terms and may serve for consecutive terms.
 1864         (II) The committee shall report to the corporation at each
 1865  board meeting on insurance market issues which may include rates
 1866  and rate competition with the voluntary market; service,
 1867  including policy issuance, claims processing, and general
 1868  responsiveness to policyholders, applicants, and agents; and
 1869  matters relating to depopulation.
 1870         5. Must provide a procedure for determining the eligibility
 1871  of a risk for coverage, as follows:
 1872         a. Subject to the provisions of s. 627.3517, with respect
 1873  to personal lines residential risks, if the risk is offered
 1874  coverage from an authorized insurer at the insurer’s approved
 1875  rate under either a standard policy including wind coverage or,
 1876  if consistent with the insurer’s underwriting rules as filed
 1877  with the office, a basic policy including wind coverage, for a
 1878  new application to the corporation for coverage, the risk is not
 1879  eligible for any policy issued by the corporation unless the
 1880  premium for coverage from the authorized insurer is more than 15
 1881  percent greater than the premium for comparable coverage from
 1882  the corporation. If the risk is not able to obtain any such
 1883  offer, the risk is eligible for either a standard policy
 1884  including wind coverage or a basic policy including wind
 1885  coverage issued by the corporation; however, if the risk could
 1886  not be insured under a standard policy including wind coverage
 1887  regardless of market conditions, the risk is shall be eligible
 1888  for a basic policy including wind coverage unless rejected under
 1889  subparagraph 8. However, with regard to a policyholder of the
 1890  corporation or a policyholder removed from the corporation
 1891  through an assumption agreement until the end of the assumption
 1892  period, the policyholder remains eligible for coverage from the
 1893  corporation regardless of any offer of coverage from an
 1894  authorized insurer or surplus lines insurer. The corporation
 1895  shall determine the type of policy to be provided on the basis
 1896  of objective standards specified in the underwriting manual and
 1897  based on generally accepted underwriting practices.
 1898         (I) If the risk accepts an offer of coverage through the
 1899  market assistance plan or an offer of coverage through a
 1900  mechanism established by the corporation before a policy is
 1901  issued to the risk by the corporation or during the first 30
 1902  days of coverage by the corporation, and the producing agent who
 1903  submitted the application to the plan or to the corporation is
 1904  not currently appointed by the insurer, the insurer shall:
 1905         (A) Pay to the producing agent of record of the policy, for
 1906  the first year, an amount that is the greater of the insurer’s
 1907  usual and customary commission for the type of policy written or
 1908  a fee equal to the usual and customary commission of the
 1909  corporation; or
 1910         (B) Offer to allow the producing agent of record of the
 1911  policy to continue servicing the policy for at least a period of
 1912  not less than 1 year and offer to pay the agent the greater of
 1913  the insurer’s or the corporation’s usual and customary
 1914  commission for the type of policy written.
 1915  
 1916  If the producing agent is unwilling or unable to accept
 1917  appointment, the new insurer shall pay the agent in accordance
 1918  with sub-sub-sub-subparagraph (A).
 1919         (II) If When the corporation enters into a contractual
 1920  agreement for a take-out plan, the producing agent of record of
 1921  the corporation policy is entitled to retain any unearned
 1922  commission on the policy, and the insurer shall:
 1923         (A) Pay to the producing agent of record of the corporation
 1924  policy, for the first year, an amount that is the greater of the
 1925  insurer’s usual and customary commission for the type of policy
 1926  written or a fee equal to the usual and customary commission of
 1927  the corporation; or
 1928         (B) Offer to allow the producing agent of record of the
 1929  corporation policy to continue servicing the policy for at least
 1930  a period of not less than 1 year and offer to pay the agent the
 1931  greater of the insurer’s or the corporation’s usual and
 1932  customary commission for the type of policy written.
 1933  
 1934  If the producing agent is unwilling or unable to accept
 1935  appointment, the new insurer shall pay the agent in accordance
 1936  with sub-sub-sub-subparagraph (A).
 1937         b. With respect to commercial lines residential risks, for
 1938  a new application to the corporation for coverage, if the risk
 1939  is offered coverage under a policy including wind coverage from
 1940  an authorized insurer at its approved rate, the risk is not
 1941  eligible for a any policy issued by the corporation unless the
 1942  premium for coverage from the authorized insurer is more than 15
 1943  percent greater than the premium for comparable coverage from
 1944  the corporation. If the risk is not able to obtain any such
 1945  offer, the risk is eligible for a policy including wind coverage
 1946  issued by the corporation. However, with regard to a
 1947  policyholder of the corporation or a policyholder removed from
 1948  the corporation through an assumption agreement until the end of
 1949  the assumption period, the policyholder remains eligible for
 1950  coverage from the corporation regardless of an any offer of
 1951  coverage from an authorized insurer or surplus lines insurer.
 1952         (I) If the risk accepts an offer of coverage through the
 1953  market assistance plan or an offer of coverage through a
 1954  mechanism established by the corporation before a policy is
 1955  issued to the risk by the corporation or during the first 30
 1956  days of coverage by the corporation, and the producing agent who
 1957  submitted the application to the plan or the corporation is not
 1958  currently appointed by the insurer, the insurer shall:
 1959         (A) Pay to the producing agent of record of the policy, for
 1960  the first year, an amount that is the greater of the insurer’s
 1961  usual and customary commission for the type of policy written or
 1962  a fee equal to the usual and customary commission of the
 1963  corporation; or
 1964         (B) Offer to allow the producing agent of record of the
 1965  policy to continue servicing the policy for at least a period of
 1966  not less than 1 year and offer to pay the agent the greater of
 1967  the insurer’s or the corporation’s usual and customary
 1968  commission for the type of policy written.
 1969  
 1970  If the producing agent is unwilling or unable to accept
 1971  appointment, the new insurer shall pay the agent in accordance
 1972  with sub-sub-sub-subparagraph (A).
 1973         (II) If When the corporation enters into a contractual
 1974  agreement for a take-out plan, the producing agent of record of
 1975  the corporation policy is entitled to retain any unearned
 1976  commission on the policy, and the insurer shall:
 1977         (A) Pay to the producing agent of record of the corporation
 1978  policy, for the first year, an amount that is the greater of the
 1979  insurer’s usual and customary commission for the type of policy
 1980  written or a fee equal to the usual and customary commission of
 1981  the corporation; or
 1982         (B) Offer to allow the producing agent of record of the
 1983  corporation policy to continue servicing the policy for at least
 1984  a period of not less than 1 year and offer to pay the agent the
 1985  greater of the insurer’s or the corporation’s usual and
 1986  customary commission for the type of policy written.
 1987  
 1988  If the producing agent is unwilling or unable to accept
 1989  appointment, the new insurer shall pay the agent in accordance
 1990  with sub-sub-sub-subparagraph (A).
 1991         c. For purposes of determining comparable coverage under
 1992  sub-subparagraphs a. and b., the comparison must shall be based
 1993  on those forms and coverages that are reasonably comparable. The
 1994  corporation may rely on a determination of comparable coverage
 1995  and premium made by the producing agent who submits the
 1996  application to the corporation, made in the agent’s capacity as
 1997  the corporation’s agent. A comparison may be made solely of the
 1998  premium with respect to the main building or structure only on
 1999  the following basis: the same coverage A or other building
 2000  limits; the same percentage hurricane deductible that applies on
 2001  an annual basis or that applies to each hurricane for commercial
 2002  residential property; the same percentage of ordinance and law
 2003  coverage, if the same limit is offered by both the corporation
 2004  and the authorized insurer; the same mitigation credits, to the
 2005  extent the same types of credits are offered both by the
 2006  corporation and the authorized insurer; the same method for loss
 2007  payment, such as replacement cost or actual cash value, if the
 2008  same method is offered both by the corporation and the
 2009  authorized insurer in accordance with underwriting rules; and
 2010  any other form or coverage that is reasonably comparable as
 2011  determined by the board. If an application is submitted to the
 2012  corporation for wind-only coverage in the coastal high-risk
 2013  account, the premium for the corporation’s wind-only policy plus
 2014  the premium for the ex-wind policy that is offered by an
 2015  authorized insurer to the applicant must shall be compared to
 2016  the premium for multiperil coverage offered by an authorized
 2017  insurer, subject to the standards for comparison specified in
 2018  this subparagraph. If the corporation or the applicant requests
 2019  from the authorized insurer a breakdown of the premium of the
 2020  offer by types of coverage so that a comparison may be made by
 2021  the corporation or its agent and the authorized insurer refuses
 2022  or is unable to provide such information, the corporation may
 2023  treat the offer as not being an offer of coverage from an
 2024  authorized insurer at the insurer’s approved rate.
 2025         6. Must include rules for classifications of risks and
 2026  rates therefor.
 2027         7. Must provide that if premium and investment income for
 2028  an account attributable to a particular calendar year are in
 2029  excess of projected losses and expenses for the account
 2030  attributable to that year, such excess shall be held in surplus
 2031  in the account. Such surplus must shall be available to defray
 2032  deficits in that account as to future years and shall be used
 2033  for that purpose before prior to assessing assessable insurers
 2034  and assessable insureds as to any calendar year.
 2035         8. Must provide objective criteria and procedures to be
 2036  uniformly applied to for all applicants in determining whether
 2037  an individual risk is so hazardous as to be uninsurable. In
 2038  making this determination and in establishing the criteria and
 2039  procedures, the following must shall be considered:
 2040         a. Whether the likelihood of a loss for the individual risk
 2041  is substantially higher than for other risks of the same class;
 2042  and
 2043         b. Whether the uncertainty associated with the individual
 2044  risk is such that an appropriate premium cannot be determined.
 2045  
 2046  The acceptance or rejection of a risk by the corporation shall
 2047  be construed as the private placement of insurance, and the
 2048  provisions of chapter 120 do shall not apply.
 2049         9. Must provide that the corporation shall make its best
 2050  efforts to procure catastrophe reinsurance at reasonable rates,
 2051  to cover its projected 100-year probable maximum loss as
 2052  determined by the board of governors.
 2053         10. The policies issued by the corporation must provide
 2054  that, if the corporation or the market assistance plan obtains
 2055  an offer from an authorized insurer to cover the risk at its
 2056  approved rates, the risk is no longer eligible for renewal
 2057  through the corporation, except as otherwise provided in this
 2058  subsection.
 2059         11. Corporation policies and applications must include a
 2060  notice that the corporation policy could, under this section, be
 2061  replaced with a policy issued by an authorized insurer which
 2062  that does not provide coverage identical to the coverage
 2063  provided by the corporation. The notice must shall also specify
 2064  that acceptance of corporation coverage creates a conclusive
 2065  presumption that the applicant or policyholder is aware of this
 2066  potential.
 2067         12. May establish, subject to approval by the office,
 2068  different eligibility requirements and operational procedures
 2069  for any line or type of coverage for any specified county or
 2070  area if the board determines that such changes to the
 2071  eligibility requirements and operational procedures are
 2072  justified due to the voluntary market being sufficiently stable
 2073  and competitive in such area or for such line or type of
 2074  coverage and that consumers who, in good faith, are unable to
 2075  obtain insurance through the voluntary market through ordinary
 2076  methods would continue to have access to coverage from the
 2077  corporation. If When coverage is sought in connection with a
 2078  real property transfer, the such requirements and procedures may
 2079  shall not provide for an effective date of coverage later than
 2080  the date of the closing of the transfer as established by the
 2081  transferor, the transferee, and, if applicable, the lender.
 2082         13. Must provide that, with respect to the coastal high
 2083  risk account, any assessable insurer with a surplus as to
 2084  policyholders of $25 million or less writing 25 percent or more
 2085  of its total countrywide property insurance premiums in this
 2086  state may petition the office, within the first 90 days of each
 2087  calendar year, to qualify as a limited apportionment company. A
 2088  regular assessment levied by the corporation on a limited
 2089  apportionment company for a deficit incurred by the corporation
 2090  for the coastal high-risk account in 2006 or thereafter may be
 2091  paid to the corporation on a monthly basis as the assessments
 2092  are collected by the limited apportionment company from its
 2093  insureds pursuant to s. 627.3512, but the regular assessment
 2094  must be paid in full within 12 months after being levied by the
 2095  corporation. A limited apportionment company shall collect from
 2096  its policyholders any emergency assessment imposed under sub
 2097  subparagraph (b)3.d. The plan must shall provide that, if the
 2098  office determines that any regular assessment will result in an
 2099  impairment of the surplus of a limited apportionment company,
 2100  the office may direct that all or part of such assessment be
 2101  deferred as provided in subparagraph (q)4. However, there shall
 2102  be no limitation or deferment of an emergency assessment to be
 2103  collected from policyholders under sub-subparagraph (b)3.d. may
 2104  not be limited or deferred.
 2105         14. Must provide that the corporation appoint as its
 2106  licensed agents only those agents who also hold an appointment
 2107  as defined in s. 626.015(3) with an insurer who at the time of
 2108  the agent’s initial appointment by the corporation is authorized
 2109  to write and is actually writing personal lines residential
 2110  property coverage, commercial residential property coverage, or
 2111  commercial nonresidential property coverage within the state.
 2112         15. Must provide, by July 1, 2007, a premium payment plan
 2113  option to its policyholders which, allows at a minimum, allows
 2114  for quarterly and semiannual payment of premiums. A monthly
 2115  payment plan may, but is not required to, be offered.
 2116         16. Must limit coverage on mobile homes or manufactured
 2117  homes built before prior to 1994 to actual cash value of the
 2118  dwelling rather than replacement costs of the dwelling.
 2119         17. May provide such limits of coverage as the board
 2120  determines, consistent with the requirements of this subsection.
 2121         18. May require commercial property to meet specified
 2122  hurricane mitigation construction features as a condition of
 2123  eligibility for coverage.
 2124         (d)1. All prospective employees for senior management
 2125  positions, as defined by the plan of operation, are subject to
 2126  background checks as a prerequisite for employment. The office
 2127  shall conduct the background checks on such prospective
 2128  employees pursuant to ss. 624.34, 624.404(3), and 628.261.
 2129         2. On or before July 1 of each year, employees of the
 2130  corporation must are required to sign and submit a statement
 2131  attesting that they do not have a conflict of interest, as
 2132  defined in part III of chapter 112. As a condition of
 2133  employment, all prospective employees must are required to sign
 2134  and submit to the corporation a conflict-of-interest statement.
 2135         3. Senior managers and members of the board of governors
 2136  are subject to the provisions of part III of chapter 112,
 2137  including, but not limited to, the code of ethics and public
 2138  disclosure and reporting of financial interests, pursuant to s.
 2139  112.3145. Notwithstanding s. 112.3143(2), a board member may not
 2140  vote on any measure that would inure to his or her special
 2141  private gain or loss; that he or she knows would inure to the
 2142  special private gain or loss of any principal by whom he or she
 2143  is retained or to the parent organization or subsidiary of a
 2144  corporate principal by which he or she is retained, other than
 2145  an agency as defined in s. 112.312; or that he or she knows
 2146  would inure to the special private gain or loss of a relative or
 2147  business associate of the public officer. Before the vote is
 2148  taken, such member shall publicly state to the assembly the
 2149  nature of his or her interest in the matter from which he or she
 2150  is abstaining from voting and, within 15 days after the vote
 2151  occurs, disclose the nature of his or her interest as a public
 2152  record in a memorandum filed with the person responsible for
 2153  recording the minutes of the meeting, who shall incorporate the
 2154  memorandum in the minutes. Senior managers and board members are
 2155  also required to file such disclosures with the Commission on
 2156  Ethics and the Office of Insurance Regulation. The executive
 2157  director of the corporation or his or her designee shall notify
 2158  each existing and newly appointed and existing appointed member
 2159  of the board of governors and senior managers of their duty to
 2160  comply with the reporting requirements of part III of chapter
 2161  112. At least quarterly, the executive director or his or her
 2162  designee shall submit to the Commission on Ethics a list of
 2163  names of the senior managers and members of the board of
 2164  governors who are subject to the public disclosure requirements
 2165  under s. 112.3145.
 2166         4. Notwithstanding s. 112.3148 or s. 112.3149, or any other
 2167  provision of law, an employee or board member may not knowingly
 2168  accept, directly or indirectly, any gift or expenditure from a
 2169  person or entity, or an employee or representative of such
 2170  person or entity, which that has a contractual relationship with
 2171  the corporation or who is under consideration for a contract. An
 2172  employee or board member who fails to comply with subparagraph
 2173  3. or this subparagraph is subject to penalties provided under
 2174  ss. 112.317 and 112.3173.
 2175         5. Any senior manager of the corporation who is employed on
 2176  or after January 1, 2007, regardless of the date of hire, who
 2177  subsequently retires or terminates employment is prohibited from
 2178  representing another person or entity before the corporation for
 2179  2 years after retirement or termination of employment from the
 2180  corporation.
 2181         6. Any senior manager of the corporation who is employed on
 2182  or after January 1, 2007, regardless of the date of hire, who
 2183  subsequently retires or terminates employment is prohibited from
 2184  having any employment or contractual relationship for 2 years
 2185  with an insurer that has entered into a take-out bonus agreement
 2186  with the corporation.
 2187         (v)1. Effective July 1, 2002, policies of the Residential
 2188  Property and Casualty Joint Underwriting Association shall
 2189  become policies of the corporation. All obligations, rights,
 2190  assets and liabilities of the Residential Property and Casualty
 2191  Joint Underwriting association, including bonds, note and debt
 2192  obligations, and the financing documents pertaining to them
 2193  become those of the corporation as of July 1, 2002. The
 2194  corporation is not required to issue endorsements or
 2195  certificates of assumption to insureds during the remaining term
 2196  of in-force transferred policies.
 2197         2. Effective July 1, 2002, policies of the Florida
 2198  Windstorm Underwriting Association are transferred to the
 2199  corporation and shall become policies of the corporation. All
 2200  obligations, rights, assets, and liabilities of the Florida
 2201  Windstorm Underwriting association, including bonds, note and
 2202  debt obligations, and the financing documents pertaining to them
 2203  are transferred to and assumed by the corporation on July 1,
 2204  2002. The corporation is not required to issue endorsements or
 2205  certificates of assumption to insureds during the remaining term
 2206  of in-force transferred policies.
 2207         3. The Florida Windstorm Underwriting Association and the
 2208  Residential Property and Casualty Joint Underwriting Association
 2209  shall take all actions necessary as may be proper to further
 2210  evidence the transfers and shall provide the documents and
 2211  instruments of further assurance as may reasonably be requested
 2212  by the corporation for that purpose. The corporation shall
 2213  execute assumptions and instruments as the trustees or other
 2214  parties to the financing documents of the Florida Windstorm
 2215  Underwriting Association or the Residential Property and
 2216  Casualty Joint Underwriting Association may reasonably request
 2217  to further evidence the transfers and assumptions, which
 2218  transfers and assumptions, however, are effective on the date
 2219  provided under this paragraph whether or not, and regardless of
 2220  the date on which, the assumptions or instruments are executed
 2221  by the corporation. Subject to the relevant financing documents
 2222  pertaining to their outstanding bonds, notes, indebtedness, or
 2223  other financing obligations, the moneys, investments,
 2224  receivables, choses in action, and other intangibles of the
 2225  Florida Windstorm Underwriting Association shall be credited to
 2226  the coastal high-risk account of the corporation, and those of
 2227  the personal lines residential coverage account and the
 2228  commercial lines residential coverage account of the Residential
 2229  Property and Casualty Joint Underwriting Association shall be
 2230  credited to the personal lines account and the commercial lines
 2231  account, respectively, of the corporation.
 2232         4. Effective July 1, 2002, a new applicant for property
 2233  insurance coverage who would otherwise have been eligible for
 2234  coverage in the Florida Windstorm Underwriting Association is
 2235  eligible for coverage from the corporation as provided in this
 2236  subsection.
 2237         5. The transfer of all policies, obligations, rights,
 2238  assets, and liabilities from the Florida Windstorm Underwriting
 2239  Association to the corporation and the renaming of the
 2240  Residential Property and Casualty Joint Underwriting Association
 2241  as the corporation does not shall in no way affect the coverage
 2242  with respect to covered policies as defined in s. 215.555(2)(c)
 2243  provided to these entities by the Florida Hurricane Catastrophe
 2244  Fund. The coverage provided by the Florida Hurricane Catastrophe
 2245  fund to the Florida Windstorm Underwriting Association based on
 2246  its exposures as of June 30, 2002, and each June 30 thereafter
 2247  shall be redesignated as coverage for the coastal high-risk
 2248  account of the corporation. Notwithstanding any other provision
 2249  of law, the coverage provided by the Florida Hurricane
 2250  Catastrophe fund to the Residential Property and Casualty Joint
 2251  Underwriting Association based on its exposures as of June 30,
 2252  2002, and each June 30 thereafter shall be transferred to the
 2253  personal lines account and the commercial lines account of the
 2254  corporation. Notwithstanding any other provision of law, the
 2255  coastal high-risk account shall be treated, for all Florida
 2256  Hurricane Catastrophe Fund purposes, as if it were a separate
 2257  participating insurer with its own exposures, reimbursement
 2258  premium, and loss reimbursement. Likewise, the personal lines
 2259  and commercial lines accounts shall be viewed together, for all
 2260  Florida Hurricane Catastrophe fund purposes, as if the two
 2261  accounts were one and represent a single, separate participating
 2262  insurer with its own exposures, reimbursement premium, and loss
 2263  reimbursement. The coverage provided by the Florida Hurricane
 2264  Catastrophe fund to the corporation shall constitute and operate
 2265  as a full transfer of coverage from the Florida Windstorm
 2266  Underwriting Association and Residential Property and Casualty
 2267  Joint Underwriting to the corporation.
 2268         (y) It is the intent of the Legislature that the amendments
 2269  to this subsection enacted in 2002 should, over time, reduce the
 2270  probable maximum windstorm losses in the residual markets and
 2271  should reduce the potential assessments to be levied on property
 2272  insurers and policyholders statewide. In furtherance of this
 2273  intent,:
 2274         1. the board shall, on or before February 1 of each year,
 2275  provide a report to the President of the Senate and the Speaker
 2276  of the House of Representatives showing the reduction or
 2277  increase in the 100-year probable maximum loss attributable to
 2278  wind-only coverages and the quota share program under this
 2279  subsection combined, as compared to the benchmark 100-year
 2280  probable maximum loss of the Florida Windstorm Underwriting
 2281  Association. For purposes of this paragraph, the benchmark 100
 2282  year probable maximum loss of the Florida Windstorm Underwriting
 2283  Association is shall be the calculation dated February 2001 and
 2284  based on November 30, 2000, exposures. In order to ensure
 2285  comparability of data, the board shall use the same methods for
 2286  calculating its probable maximum loss as were used to calculate
 2287  the benchmark probable maximum loss.
 2288         2.Beginning December 1, 2010, if the report under
 2289  subparagraph 1. for any year indicates that the 100-year
 2290  probable maximum loss attributable to wind-only coverages and
 2291  the quota share program combined does not reflect a reduction of
 2292  at least 25 percent from the benchmark, the board shall reduce
 2293  the boundaries of the high-risk area eligible for wind-only
 2294  coverages under this subsection in a manner calculated to reduce
 2295  such probable maximum loss to an amount at least 25 percent
 2296  below the benchmark.
 2297         3.Beginning February 1, 2015, if the report under
 2298  subparagraph 1. for any year indicates that the 100-year
 2299  probable maximum loss attributable to wind-only coverages and
 2300  the quota share program combined does not reflect a reduction of
 2301  at least 50 percent from the benchmark, the boundaries of the
 2302  high-risk area eligible for wind-only coverages under this
 2303  subsection shall be reduced by the elimination of any area that
 2304  is not seaward of a line 1,000 feet inland from the Intracoastal
 2305  Waterway.
 2306         Section 16. Paragraph (a) of subsection (5) of section
 2307  627.3511, Florida Statutes, is amended to read:
 2308         627.3511 Depopulation of Citizens Property Insurance
 2309  Corporation.—
 2310         (5) APPLICABILITY.—
 2311         (a) The take-out bonus provided by subsection (2) and the
 2312  exemption from assessment provided by paragraph (3)(a) apply
 2313  only if the corporation policy is replaced by either a standard
 2314  policy including wind coverage or, if consistent with the
 2315  insurer’s underwriting rules as filed with the office, a basic
 2316  policy including wind coverage; however, for with respect to
 2317  risks located in areas where coverage through the coastal high
 2318  risk account of the corporation is available, the replacement
 2319  policy need not provide wind coverage. The insurer must renew
 2320  the replacement policy at approved rates on substantially
 2321  similar terms for four additional 1-year terms, unless canceled
 2322  or not renewed by the policyholder. If an insurer assumes the
 2323  corporation’s obligations for a policy, it must issue a
 2324  replacement policy for a 1-year term upon expiration of the
 2325  corporation policy and must renew the replacement policy at
 2326  approved rates on substantially similar terms for four
 2327  additional 1-year terms, unless canceled or not renewed by the
 2328  policyholder. For each replacement policy canceled or nonrenewed
 2329  by the insurer for any reason during the 5-year coverage period
 2330  required by this paragraph, the insurer must remove from the
 2331  corporation one additional policy covering a risk similar to the
 2332  risk covered by the canceled or nonrenewed policy. In addition
 2333  to these requirements, the corporation must place the bonus
 2334  moneys in escrow for a period of 5 years; such moneys may be
 2335  released from escrow only to pay claims. If the policy is
 2336  canceled or nonrenewed before the end of the 5-year period, the
 2337  amount of the take-out bonus must be prorated for the time
 2338  period the policy was insured. A take-out bonus provided by
 2339  subsection (2) or subsection (6) is shall not be considered
 2340  premium income for purposes of taxes and assessments under the
 2341  Florida Insurance Code and shall remain the property of the
 2342  corporation, subject to the prior security interest of the
 2343  insurer under the escrow agreement until it is released from
 2344  escrow;, and after it is released from escrow it is shall be
 2345  considered an asset of the insurer and credited to the insurer’s
 2346  capital and surplus.
 2347         Section 17. Paragraph (b) of subsection (2) of section
 2348  627.4133, Florida Statutes, is amended to read:
 2349         627.4133 Notice of cancellation, nonrenewal, or renewal
 2350  premium.—
 2351         (2) With respect to any personal lines or commercial
 2352  residential property insurance policy, including, but not
 2353  limited to, any homeowner’s, mobile home owner’s, farmowner’s,
 2354  condominium association, condominium unit owner’s, apartment
 2355  building, or other policy covering a residential structure or
 2356  its contents:
 2357         (b) The insurer shall give the named insured written notice
 2358  of nonrenewal, cancellation, or termination at least 90 100 days
 2359  before prior to the effective date of the nonrenewal,
 2360  cancellation, or termination. However, the insurer shall give at
 2361  least 100 days’ written notice, or written notice by June 1,
 2362  whichever is earlier, for any nonrenewal, cancellation, or
 2363  termination that would be effective between June 1 and November
 2364  30. The notice must include the reason or reasons for the
 2365  nonrenewal, cancellation, or termination, except that:
 2366         1. The insurer shall give the named insured written notice
 2367  of nonrenewal, cancellation, or termination at least 180 days
 2368  prior to the effective date of the nonrenewal, cancellation, or
 2369  termination for a named insured whose residential structure has
 2370  been insured by that insurer or an affiliated insurer for at
 2371  least a 5-year period immediately prior to the date of the
 2372  written notice.
 2373         1.2.If When cancellation is for nonpayment of premium, at
 2374  least 10 days’ written notice of cancellation accompanied by the
 2375  reason therefor must shall be given. As used in this
 2376  subparagraph, the term “nonpayment of premium” means failure of
 2377  the named insured to discharge when due any of her or his
 2378  obligations in connection with the payment of premiums on a
 2379  policy or any installment of such premium, whether the premium
 2380  is payable directly to the insurer or its agent or indirectly
 2381  under any premium finance plan or extension of credit, or
 2382  failure to maintain membership in an organization if such
 2383  membership is a condition precedent to insurance coverage. The
 2384  term “Nonpayment of premium” also means the failure of a
 2385  financial institution to honor an insurance applicant’s check
 2386  after delivery to a licensed agent for payment of a premium,
 2387  even if the agent has previously delivered or transferred the
 2388  premium to the insurer. If a dishonored check represents the
 2389  initial premium payment, the contract and all contractual
 2390  obligations are shall be void ab initio unless the nonpayment is
 2391  cured within the earlier of 5 days after actual notice by
 2392  certified mail is received by the applicant or 15 days after
 2393  notice is sent to the applicant by certified mail or registered
 2394  mail, and if the contract is void, any premium received by the
 2395  insurer from a third party must shall be refunded to that party
 2396  in full.
 2397         2.3.If When such cancellation or termination occurs during
 2398  the first 90 days during which the insurance is in force and the
 2399  insurance is canceled or terminated for reasons other than
 2400  nonpayment of premium, at least 20 days’ written notice of
 2401  cancellation or termination accompanied by the reason therefor
 2402  must shall be given unless except where there has been a
 2403  material misstatement or misrepresentation or failure to comply
 2404  with the underwriting requirements established by the insurer.
 2405         3.4. The requirement for providing written notice of
 2406  nonrenewal by June 1 of any nonrenewal that would be effective
 2407  between June 1 and November 30 does not apply to the following
 2408  situations, but the insurer remains subject to the requirement
 2409  to provide such notice at least 100 days before prior to the
 2410  effective date of nonrenewal:
 2411         a. A policy that is nonrenewed due to a revision in the
 2412  coverage for sinkhole losses and catastrophic ground cover
 2413  collapse pursuant to s. 627.706, as amended by s. 30, chapter
 2414  2007-1, Laws of Florida.
 2415         b. A policy that is nonrenewed by Citizens Property
 2416  Insurance Corporation, pursuant to s. 627.351(6), for a policy
 2417  that has been assumed by an authorized insurer offering
 2418  replacement or renewal coverage to the policyholder is exempt
 2419  from the notice requirements of paragraph (a) and this
 2420  paragraph. In such cases, the corporation must give the named
 2421  insured written notice of nonrenewal at least 45 days before the
 2422  effective date of the nonrenewal.
 2423  
 2424  After the policy has been in effect for 90 days, the policy may
 2425  shall not be canceled by the insurer unless except when there
 2426  has been a material misstatement, a nonpayment of premium, a
 2427  failure to comply with underwriting requirements established by
 2428  the insurer within 90 days after of the date of effectuation of
 2429  coverage, or a substantial change in the risk covered by the
 2430  policy or if when the cancellation is for all insureds under
 2431  such policies for a given class of insureds. This paragraph does
 2432  not apply to individually rated risks having a policy term of
 2433  less than 90 days.
 2434         4.Notwithstanding any other provision of law, an insurer
 2435  may cancel or nonrenew a property insurance policy after at
 2436  least 45 days notice if the office finds that the early
 2437  cancellation of some or all of the insurer’s policies is
 2438  necessary to protect the best interests of the public or
 2439  policyholders and the office approves the insurer’s plan for
 2440  early cancellation or nonrenewal of some or all of its policies.
 2441  The office may base such finding upon the financial condition of
 2442  the insurer, lack of adequate reinsurance coverage for hurricane
 2443  risk, or other relevant factors. The office may condition its
 2444  finding on the consent of the insurer to be placed under
 2445  administrative supervision pursuant to s. 624.81 or to the
 2446  appointment of a receiver under chapter 631.
 2447         Section 18. Section 627.43141, Florida Statutes, is created
 2448  to read:
 2449         627.43141 Notice of change in policy terms.—
 2450         (1) As used in this section, the term:
 2451         (a) “Change in policy terms” means the modification,
 2452  addition, or deletion of any term, coverage, duty, or condition
 2453  from the previous policy. The correction of typographical or
 2454  scrivener’s errors or the application of mandated legislative
 2455  changes is not a change in policy terms.
 2456         (b) “Policy” means a written contract or written agreement
 2457  for personal lines property and casualty insurance, or the
 2458  certificate of such insurance, by whatever name called, and
 2459  includes all clauses, riders, endorsements, and papers that are
 2460  a part of such policy. The term does not include a binder as
 2461  defined in s. 627.420 unless the duration of the binder period
 2462  exceeds 60 days.
 2463         (c) “Renewal” means the issuance and delivery by an insurer
 2464  of a policy superseding at the end of the policy period a policy
 2465  previously issued and delivered by the same insurer or the
 2466  issuance and delivery of a certificate or notice extending the
 2467  term of a policy beyond its policy period or term. Any policy
 2468  that has a policy period or term of less than 6 months or that
 2469  does not have a fixed expiration date shall, for purposes of
 2470  this section, be considered as written for successive policy
 2471  periods or terms of 6 months.
 2472         (2) A renewal policy may contain a change in policy terms.
 2473  If a renewal policy does contains such change, the insurer must
 2474  give the named insured written notice of the change, which must
 2475  be enclosed along with the written notice of renewal premium
 2476  required by ss. 627.4133 and 627.728. Such notice shall be
 2477  entitled “Notice of Change in Policy Terms.”
 2478         (3) Although not required, proof of mailing or registered
 2479  mailing through the United States Postal Service of the Notice
 2480  of Change in Policy Terms to the named insured at the address
 2481  shown in the policy is sufficient proof of notice.
 2482         (4) Receipt of the premium payment for the renewal policy
 2483  by the insurer is deemed to be acceptance of the new policy
 2484  terms by the named insured.
 2485         (5) If an insurer fails to provide the notice required in
 2486  subsection (2), the original policy terms remain in effect until
 2487  the next renewal and the proper service of the notice, or until
 2488  the effective date of replacement coverage obtained by the named
 2489  insured, whichever occurs first.
 2490         (6) The intent of this section is to:
 2491         (a) Allow an insurer to make a change in policy terms
 2492  without nonrenewing those policyholders that the insurer wishes
 2493  to continue insuring.
 2494         (b) Alleviate concern and confusion to the policyholder
 2495  caused by the required policy nonrenewal for the limited issue
 2496  if an insurer intends to renew the insurance policy, but the new
 2497  policy contains a change in policy terms.
 2498         (c) Encourage policyholders to discuss their coverages with
 2499  their insurance agents.
 2500         Section 19. Section 627.7011, Florida Statutes, is amended
 2501  to read:
 2502         627.7011 Homeowners’ policies; offer of replacement cost
 2503  coverage and law and ordinance coverage.—
 2504         (1) Before Prior to issuing or renewing a homeowner’s
 2505  insurance policy on or after October 1, 2005, or prior to the
 2506  first renewal of a homeowner’s insurance policy on or after
 2507  October 1, 2005, the insurer must offer each of the following:
 2508         (a) A policy or endorsement providing that any loss that
 2509  which is repaired or replaced will be adjusted on the basis of
 2510  replacement costs to the dwelling not exceeding policy limits as
 2511  to the dwelling, rather than actual cash value, but not
 2512  including costs necessary to meet applicable laws and ordinances
 2513  regulating the construction, use, or repair of any property or
 2514  requiring the tearing down of any property, including the costs
 2515  of removing debris.
 2516         (b) A policy or endorsement providing that, subject to
 2517  other policy provisions, any loss that which is repaired or
 2518  replaced at any location will be adjusted on the basis of
 2519  replacement costs to the dwelling not exceeding policy limits as
 2520  to the dwelling, rather than actual cash value, and also
 2521  including costs necessary to meet applicable laws and ordinances
 2522  regulating the construction, use, or repair of any property or
 2523  requiring the tearing down of any property, including the costs
 2524  of removing debris.; However, such additional costs necessary to
 2525  meet applicable laws and ordinances may be limited to either 25
 2526  percent or 50 percent of the dwelling limit, as selected by the
 2527  policyholder, and such coverage applies shall apply only to
 2528  repairs of the damaged portion of the structure unless the total
 2529  damage to the structure exceeds 50 percent of the replacement
 2530  cost of the structure.
 2531  
 2532  An insurer is not required to make the offers required by this
 2533  subsection with respect to the issuance or renewal of a
 2534  homeowner’s policy that contains the provisions specified in
 2535  paragraph (b) for law and ordinance coverage limited to 25
 2536  percent of the dwelling limit, except that the insurer must
 2537  offer the law and ordinance coverage limited to 50 percent of
 2538  the dwelling limit. This subsection does not prohibit the offer
 2539  of a guaranteed replacement cost policy.
 2540         (2) Unless the insurer obtains the policyholder’s written
 2541  refusal of the policies or endorsements specified in subsection
 2542  (1), any policy covering the dwelling is deemed to include the
 2543  law and ordinance coverage limited to 25 percent of the dwelling
 2544  limit. The rejection or selection of alternative coverage shall
 2545  be made on a form approved by the office. The form must shall
 2546  fully advise the applicant of the nature of the coverage being
 2547  rejected. If this form is signed by a named insured, it is will
 2548  be conclusively presumed that there was an informed, knowing
 2549  rejection of the coverage or election of the alternative
 2550  coverage on behalf of all insureds. Unless the policyholder
 2551  requests in writing the coverage specified in this section, it
 2552  need not be provided in or supplemental to any other policy that
 2553  renews, insures, extends, changes, supersedes, or replaces an
 2554  existing policy if when the policyholder has rejected the
 2555  coverage specified in this section or has selected alternative
 2556  coverage. The insurer must provide the such policyholder with
 2557  notice of the availability of such coverage in a form approved
 2558  by the office at least once every 3 years. The failure to
 2559  provide such notice constitutes a violation of this code, but
 2560  does not affect the coverage provided under the policy.
 2561         (3) In the event of a loss for which a dwelling or personal
 2562  property is insured on the basis of replacement costs:
 2563         (a) For a dwelling, the insurer must initially pay at least
 2564  the actual cash value of the insured loss, less any applicable
 2565  deductible. To receive payment from an insurer for replacement
 2566  costs, the policyholder must enter into a contract for the
 2567  performance of building and structural repairs, unless the
 2568  requirement for a contract is waived by the insurer. The insurer
 2569  shall pay any remaining amounts necessary to perform such
 2570  repairs as work is performed and expenses are incurred. The
 2571  insurer or any contractor or subcontractor may not require the
 2572  policyholder to advance payment for such repairs or expenses,
 2573  with the exception of incidental expenses to mitigate further
 2574  damage. If a total loss of a dwelling occurs, the insurer shall
 2575  pay the replacement cost coverage without reservation or
 2576  holdback of any depreciation in value, pursuant to s. 627.702.
 2577         (b) For personal property, the insurer may limit the
 2578  initial payment to the actual cash value of the personal
 2579  property to be replaced. An insurer may require an insured to
 2580  provide receipts for the purchase of the property financed by
 2581  the initial payment and use such receipts to make the next
 2582  payment requested by the insured for the replacement of insured
 2583  property, and continue this process until the insured remits all
 2584  receipts up to the policy limits for replacement costs. The
 2585  insurer must provide clear notice of this process in the
 2586  insurance contract. The insurer may not require the policyholder
 2587  to advance payment for the replaced property, the insurer shall
 2588  pay the replacement cost without reservation or holdback of any
 2589  depreciation in value, whether or not the insured replaces or
 2590  repairs the dwelling or property.
 2591         (4) A Any homeowner’s insurance policy issued or renewed on
 2592  or after October 1, 2005, must include in bold type no smaller
 2593  than 18 points the following statement:
 2594  
 2595         “LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE
 2596         THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO
 2597         CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE
 2598         NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS
 2599         COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE
 2600         DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT.”
 2601  
 2602  The intent of this subsection is to encourage policyholders to
 2603  purchase sufficient coverage to protect them in case events
 2604  excluded from the standard homeowners policy, such as law and
 2605  ordinance enforcement and flood, combine with covered events to
 2606  produce damage or loss to the insured property. The intent is
 2607  also to encourage policyholders to discuss these issues with
 2608  their insurance agent.
 2609         (5) Nothing in This section does not: shall be construed to
 2610         (a) Apply to policies not considered to be “homeowners’
 2611  policies,” as that term is commonly understood in the insurance
 2612  industry. This section specifically does not
 2613         (b) Apply to mobile home policies. Nothing in this section
 2614         (c) Limit shall be construed as limiting the ability of an
 2615  any insurer to reject or nonrenew any insured or applicant on
 2616  the grounds that the structure does not meet underwriting
 2617  criteria applicable to replacement cost or law and ordinance
 2618  policies or for other lawful reasons.
 2619         (d)(6)This section does not Prohibit an insurer from
 2620  limiting its liability under a policy or endorsement providing
 2621  that loss will be adjusted on the basis of replacement costs to
 2622  the lesser of:
 2623         1.(a) The limit of liability shown on the policy
 2624  declarations page;
 2625         2.(b) The reasonable and necessary cost to repair the
 2626  damaged, destroyed, or stolen covered property; or
 2627         3.(c) The reasonable and necessary cost to replace the
 2628  damaged, destroyed, or stolen covered property.
 2629         (e)(7)This section does not Prohibit an insurer from
 2630  exercising its right to repair damaged property in compliance
 2631  with its policy and s. 627.702(7).
 2632         Section 20. Paragraph (a) of subsection (5) of section
 2633  627.70131, Florida Statutes, is amended to read:
 2634         627.70131 Insurer’s duty to acknowledge communications
 2635  regarding claims; investigation.—
 2636         (5)(a) Within 90 days after an insurer receives notice of
 2637  an initial, reopened, or supplemental a property insurance claim
 2638  from a policyholder, the insurer shall pay or deny such claim or
 2639  a portion of the claim unless the failure to pay such claim or a
 2640  portion of the claim is caused by factors beyond the control of
 2641  the insurer which reasonably prevent such payment. Any payment
 2642  of an initial or supplemental a claim or portion of such a claim
 2643  made paid 90 days after the insurer receives notice of the
 2644  claim, or made paid more than 15 days after there are no longer
 2645  factors beyond the control of the insurer which reasonably
 2646  prevented such payment, whichever is later, bears shall bear
 2647  interest at the rate set forth in s. 55.03. Interest begins to
 2648  accrue from the date the insurer receives notice of the claim.
 2649  The provisions of this subsection may not be waived, voided, or
 2650  nullified by the terms of the insurance policy. If there is a
 2651  right to prejudgment interest, the insured shall select whether
 2652  to receive prejudgment interest or interest under this
 2653  subsection. Interest is payable when the claim or portion of the
 2654  claim is paid. Failure to comply with this subsection
 2655  constitutes a violation of this code. However, failure to comply
 2656  with this subsection does shall not form the sole basis for a
 2657  private cause of action.
 2658         Section 21. The Legislature finds and declares:
 2659         (1) There is a compelling state interest in maintaining a
 2660  viable and orderly private-sector market for property insurance
 2661  in this state. The lack of a viable and orderly property market
 2662  reduces the availability of property insurance coverage to state
 2663  residents, increases the cost of property insurance, and
 2664  increases the state’s reliance on a residual property insurance
 2665  market and its potential for imposing assessments on
 2666  policyholders throughout the state.
 2667         (2) In 2005, the Legislature revised ss. 627.706627.7074,
 2668  Florida Statutes, to adopt certain geological or technical
 2669  terms; to increase reliance on objective, scientific testing
 2670  requirements; and generally to reduce the number of sinkhole
 2671  claims and related disputes arising under prior law. The
 2672  Legislature determined that since the enactment of these
 2673  statutory revisions, both private-sector insurers and Citizens
 2674  Property Insurance Corporation have, nevertheless, continued to
 2675  experience high claims frequency and severity for sinkhole
 2676  insurance claims. In addition, many properties remain unrepaired
 2677  even after loss payments, which reduces the local property tax
 2678  base and adversely affects the real estate market. Therefore,
 2679  the Legislature finds that losses associated with sinkhole
 2680  claims adversely affect the public health, safety, and welfare
 2681  of this state and its citizens.
 2682         (3) Pursuant to sections 19 through 24 of this act,
 2683  technical or scientific definitions adopted in the 2005
 2684  legislation are clarified to implement and advance the
 2685  Legislature’s intended reduction of sinkhole claims and
 2686  disputes. The legal presumption intended by the Legislature is
 2687  clarified to reduce disputes and litigation associated with the
 2688  technical reviews associated with sinkhole claims. Certain other
 2689  revisions to ss. 627.706627.7074, Florida Statutes, are enacted
 2690  to advance legislative intent to rely on scientific or technical
 2691  determinations relating to sinkholes and sinkhole claims, reduce
 2692  the number and cost of disputes relating to sinkhole claims, and
 2693  ensure that repairs are made commensurate with the scientific
 2694  and technical determinations and insurance claims payments.
 2695         Section 22. Section 627.706, Florida Statutes, is reordered
 2696  and amended to read:
 2697         627.706 Sinkhole insurance; catastrophic ground cover
 2698  collapse; definitions.—
 2699         (1) Every insurer authorized to transact residential
 2700  property insurance, as described in s. 627.4025, in this state
 2701  must shall provide coverage for a catastrophic ground cover
 2702  collapse. However, the insurer may restrict such coverage to the
 2703  principal building, as defined in the applicable policy. The
 2704  insurer may and shall make available, for an appropriate
 2705  additional premium, coverage for sinkhole losses on any
 2706  structure, including the contents of personal property contained
 2707  therein, to the extent provided in the form to which the
 2708  coverage attaches. A policy for residential property insurance
 2709  may include a deductible amount applicable to sinkhole losses,
 2710  including any expenses incurred by an insurer investigating
 2711  whether sinkhole activity is present. The deductible may be
 2712  equal to 1 percent, 2 percent, 5 percent, or 10 percent of the
 2713  policy dwelling limits, with appropriate premium discounts
 2714  offered with each deductible amount.
 2715         (2) As used in ss. 627.706-627.7074, and as used in
 2716  connection with any policy providing coverage for a catastrophic
 2717  ground cover collapse or for sinkhole losses, the term:
 2718         (a) “Catastrophic ground cover collapse” means geological
 2719  activity that results in all the following:
 2720         1. The abrupt collapse of the ground cover;
 2721         2. A depression in the ground cover clearly visible to the
 2722  naked eye;
 2723         3. Structural damage to the covered building, including the
 2724  foundation; and
 2725         4. The insured structure being condemned and ordered to be
 2726  vacated by the governmental agency authorized by law to issue
 2727  such an order for that structure.
 2728  
 2729  Contents coverage applies if there is a loss resulting from a
 2730  catastrophic ground cover collapse. Structural Damage consisting
 2731  merely of the settling or cracking of a foundation, structure,
 2732  or building does not constitute a loss resulting from a
 2733  catastrophic ground cover collapse.
 2734         (b) “Neutral evaluation” means the alternative dispute
 2735  resolution provided in s. 627.7074.
 2736         (c) “Neutral evaluator” means a professional engineer or a
 2737  professional geologist who has completed a course of study in
 2738  alternative dispute resolution designed or approved by the
 2739  department for use in the neutral evaluation process and who is
 2740  determined to be fair and impartial.
 2741         (f)(b) “Sinkhole” means a landform created by subsidence of
 2742  soil, sediment, or rock as underlying strata are dissolved by
 2743  groundwater. A sinkhole forms may form by collapse into
 2744  subterranean voids created by dissolution of limestone or
 2745  dolostone or by subsidence as these strata are dissolved.
 2746         (h)(c) “Sinkhole loss” means structural damage to the
 2747  covered building, including the foundation, caused by sinkhole
 2748  activity. Contents coverage and additional living expenses shall
 2749  apply only if there is structural damage to the covered building
 2750  caused by sinkhole activity.
 2751         (g)(d) “Sinkhole activity” means settlement or systematic
 2752  weakening of the earth supporting such property only if the when
 2753  such settlement or systematic weakening results from
 2754  contemporary movement or raveling of soils, sediments, or rock
 2755  materials into subterranean voids created by the effect of water
 2756  on a limestone or similar rock formation.
 2757         (d)(e) “Professional engineer” means a person, as defined
 2758  in s. 471.005, who has a bachelor’s degree or higher in
 2759  engineering and has successfully completed at least five courses
 2760  in any combination of the following: geotechnical engineering,
 2761  structural engineering, soil mechanics, foundations, or geology
 2762  with a specialty in the geotechnical engineering field. A
 2763  professional engineer must also have geotechnical experience and
 2764  expertise in the identification of sinkhole activity as well as
 2765  other potential causes of structural damage to the structure.
 2766         (e)(f) “Professional geologist” means a person, as defined
 2767  in by s. 492.102, who has a bachelor’s degree or higher in
 2768  geology or related earth science and with expertise in the
 2769  geology of Florida. A professional geologist must have
 2770  geological experience and expertise in the identification of
 2771  sinkhole activity as well as other potential geologic causes of
 2772  structural damage to the structure.
 2773         (i) “Structural damage” means:
 2774         1. A covered building that suffers foundation movement
 2775  outside an acceptable variance under the applicable building
 2776  code;
 2777         2. Damage to a covered building, including the foundation,
 2778  which prevents the primary structural members or primary
 2779  structural systems from supporting the loads and forces they
 2780  were designed to support; and
 2781         3. As may be further defined by the applicable policy.
 2782         (3) On or before June 1, 2007, Every insurer authorized to
 2783  transact property insurance in this state shall make a proper
 2784  filing with the office for the purpose of extending the
 2785  appropriate forms of property insurance to include coverage for
 2786  catastrophic ground cover collapse or for sinkhole losses.
 2787  coverage for catastrophic ground cover collapse may not go into
 2788  effect until the effective date provided for in the filing
 2789  approved by the office.
 2790         (3)(4) Insurers offering policies that exclude coverage for
 2791  sinkhole losses must shall inform policyholders in bold type of
 2792  not less than 14 points as follows: “YOUR POLICY PROVIDES
 2793  COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS
 2794  IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE,
 2795  YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU
 2796  MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN
 2797  ADDITIONAL PREMIUM.”
 2798         (4)(5) An insurer offering sinkhole coverage to
 2799  policyholders before or after the adoption of s. 30, chapter
 2800  2007-1, Laws of Florida, may nonrenew the policies of
 2801  policyholders maintaining sinkhole coverage in Pasco County or
 2802  Hernando County, at the option of the insurer, and provide an
 2803  offer of coverage that to such policyholders which includes
 2804  catastrophic ground cover collapse and excludes sinkhole
 2805  coverage. Insurers acting in accordance with this subsection are
 2806  subject to the following requirements:
 2807         (a) Policyholders must be notified that a nonrenewal is for
 2808  purposes of removing sinkhole coverage, and that the
 2809  policyholder is still being offered a policy that provides
 2810  coverage for catastrophic ground cover collapse.
 2811         (b) Policyholders must be provided an actuarially
 2812  reasonable premium credit or discount for the removal of
 2813  sinkhole coverage and provision of only catastrophic ground
 2814  cover collapse.
 2815         (c) Subject to the provisions of this subsection and the
 2816  insurer’s approved underwriting or insurability guidelines, the
 2817  insurer may shall provide each policyholder with the opportunity
 2818  to purchase an endorsement to his or her policy providing
 2819  sinkhole coverage and may require an inspection of the property
 2820  before issuance of a sinkhole coverage endorsement.
 2821         (d) Section 624.4305 does not apply to nonrenewal notices
 2822  issued pursuant to this subsection.
 2823         (5) Any claim, including, but not limited to, initial,
 2824  supplemental, and reopened claims under an insurance policy that
 2825  provides sinkhole coverage is barred unless notice of the claim
 2826  was given to the insurer in accordance with the terms of the
 2827  policy within 2 years after the policyholder knew or reasonably
 2828  should have known about the sinkhole loss.
 2829         Section 23. Section 627.7061, Florida Statutes, is amended
 2830  to read:
 2831         627.7061 Coverage inquiries.—Inquiries about coverage on a
 2832  property insurance contract are not claim activity, unless an
 2833  actual claim is filed by the policyholder which insured that
 2834  results in a company investigation of the claim.
 2835         Section 24. Section 627.7065, Florida Statutes, is
 2836  repealed.
 2837         Section 25. Section 627.707, Florida Statutes, is amended
 2838  to read:
 2839         627.707 Standards for Investigation of sinkhole claims by
 2840  policyholders insurers; insurer payment; nonrenewals.—Upon
 2841  receipt of a claim for a sinkhole loss to a covered building, an
 2842  insurer must meet the following standards in investigating a
 2843  claim:
 2844         (1) The insurer must inspect make an inspection of the
 2845  policyholder’s insured’s premises to determine if there is
 2846  structural has been physical damage that to the structure which
 2847  may be the result of sinkhole activity.
 2848         (2) If the insurer confirms that structural damage exists
 2849  but is unable to identify a valid cause of such damage or
 2850  discovers that such damage is consistent with sinkhole loss
 2851  Following the insurer’s initial inspection, the insurer shall
 2852  engage a professional engineer or a professional geologist to
 2853  conduct testing as provided in s. 627.7072 to determine the
 2854  cause of the loss within a reasonable professional probability
 2855  and issue a report as provided in s. 627.7073, only if sinkhole
 2856  loss is covered under the policy. Except as provided in
 2857  subsection (6), the fees and costs of the professional engineer
 2858  or professional geologist shall be paid by the insurer.:
 2859         (a) The insurer is unable to identify a valid cause of the
 2860  damage or discovers damage to the structure which is consistent
 2861  with sinkhole loss; or
 2862         (b) The policyholder demands testing in accordance with
 2863  this section or s. 627.7072.
 2864         (3) Following the initial inspection of the policyholder’s
 2865  insured premises, the insurer shall provide written notice to
 2866  the policyholder disclosing the following information:
 2867         (a) What the insurer has determined to be the cause of
 2868  damage, if the insurer has made such a determination.
 2869         (b) A statement of the circumstances under which the
 2870  insurer is required to engage a professional engineer or a
 2871  professional geologist to verify or eliminate sinkhole loss and
 2872  to engage a professional engineer to make recommendations
 2873  regarding land and building stabilization and foundation repair.
 2874         (c) A statement regarding the right of the policyholder to
 2875  request testing by a professional engineer or a professional
 2876  geologist and the circumstances under which the policyholder may
 2877  demand certain testing.
 2878         (4) If the insurer determines that there is no sinkhole
 2879  loss, the insurer may deny the claim. If coverage for sinkhole
 2880  loss is available and If the insurer denies the claim on such
 2881  basis, without performing testing under s. 627.7072, the
 2882  policyholder may demand testing by the insurer under s.
 2883  627.7072. The policyholder’s demand for testing must be
 2884  communicated to the insurer in writing within 60 days after the
 2885  policyholder’s receipt of the insurer’s denial of the claim.
 2886         (5)(a)Subject to paragraph (b), If a sinkhole loss is
 2887  verified, the insurer shall pay to stabilize the land and
 2888  building and repair the foundation in accordance with the
 2889  recommendations of the professional engineer retained pursuant
 2890  to subsection (2), as provided under s. 627.7073, and in
 2891  consultation with notice to the policyholder, subject to the
 2892  coverage and terms of the policy. The insurer shall pay for
 2893  other repairs to the structure and contents in accordance with
 2894  the terms of the policy.
 2895         (a)(b) The insurer may limit its total claims payment to
 2896  the actual cash value of the sinkhole loss, which does not
 2897  include including underpinning or grouting or any other repair
 2898  technique performed below the existing foundation of the
 2899  building, until the policyholder enters into a contract for the
 2900  performance of building stabilization or foundation repairs in
 2901  accordance with the recommendations set forth in the insurer’s
 2902  report issued pursuant to s. 627.7073.
 2903         (b) In order to prevent additional damage to the building
 2904  or structure, the policyholder must enter into a contract for
 2905  the performance of building stabilization or foundation repairs
 2906  within 90 days after the insurance company confirms coverage for
 2907  the sinkhole loss and notifies the policyholder of such
 2908  confirmation. This time period is tolled if either party invokes
 2909  the neutral evaluation process.
 2910         (c) After the policyholder enters into the contract for the
 2911  performance of building stabilization or foundation repairs, the
 2912  insurer shall pay the amounts necessary to begin and perform
 2913  such repairs as the work is performed and the expenses are
 2914  incurred. The insurer may not require the policyholder to
 2915  advance payment for such repairs. If repair covered by a
 2916  personal lines residential property insurance policy has begun
 2917  and the professional engineer selected or approved by the
 2918  insurer determines that the repair cannot be completed within
 2919  the policy limits, the insurer must either complete the
 2920  professional engineer’s recommended repair or tender the policy
 2921  limits to the policyholder without a reduction for the repair
 2922  expenses incurred.
 2923         (d) The stabilization and all other repairs to the
 2924  structure and contents must be completed within 12 months after
 2925  entering into the contract for repairs described in paragraph
 2926  (b) unless:
 2927         1. There is a mutual agreement between the insurer and the
 2928  policyholder;
 2929         2. The claim is involved with the neutral evaluation
 2930  process;
 2931         3. The claim is in litigation; or
 2932         4. The claim is under appraisal.
 2933         (e)(c) Upon the insurer’s obtaining the written approval of
 2934  the policyholder and any lienholder, the insurer may make
 2935  payment directly to the persons selected by the policyholder to
 2936  perform the land and building stabilization and foundation
 2937  repairs. The decision by the insurer to make payment to such
 2938  persons does not hold the insurer liable for the work performed.
 2939  The policyholder may not accept a rebate from any person
 2940  performing the repairs specified in this section. If a
 2941  policyholder does receive a rebate, coverage is void and the
 2942  policyholder must refund the amount of the rebate to the
 2943  insurer. Any person making the repairs specified in this section
 2944  who offers a rebate, or any policyholder who accepts a rebate
 2945  for such repairs, commits insurance fraud punishable as a third
 2946  degree felony as provided in s. 775.082, s. 775.083, or s.
 2947  775.084.
 2948         (6) Except as provided in subsection (7), the fees and
 2949  costs of the professional engineer or the professional geologist
 2950  shall be paid by the insurer.
 2951         (6)(7) If the insurer obtains, pursuant to s. 627.7073,
 2952  written certification that there is no sinkhole loss or that the
 2953  cause of the damage was not sinkhole activity, and if the
 2954  policyholder has submitted the sinkhole claim without good faith
 2955  grounds for submitting such claim, the policyholder shall
 2956  reimburse the insurer for 50 percent of the actual costs of the
 2957  analyses and services provided under ss. 627.7072 and 627.7073;
 2958  however, a policyholder is not required to reimburse an insurer
 2959  more than the deductible or $2,500, whichever is greater, with
 2960  respect to any claim. A policyholder is required to pay
 2961  reimbursement under this subsection only if the policyholder
 2962  requested the testing and report provided pursuant to ss.
 2963  627.7072 and 627.7073 and the insurer, before prior to ordering
 2964  the analysis under s. 627.7072, informs the policyholder in
 2965  writing of the policyholder’s potential liability for
 2966  reimbursement and gives the policyholder the opportunity to
 2967  withdraw the claim.
 2968         (7)(8)An No insurer may not shall nonrenew any policy of
 2969  property insurance on the basis of filing of claims for partial
 2970  loss caused by sinkhole damage or clay shrinkage if as long as
 2971  the total of such payments does not equal or exceed the current
 2972  policy limits of coverage for the policy in effect on the date
 2973  of loss, for property damage to the covered building, as set
 2974  forth on the declarations page, or if and provided the
 2975  policyholder insured has repaired the structure in accordance
 2976  with the engineering recommendations made pursuant to subsection
 2977  (2) upon which any payment or policy proceeds were based. If the
 2978  insurer pays such limits, it may nonrenew the policy.
 2979         (8)(9) The insurer may engage a professional structural
 2980  engineer to make recommendations as to the repair of the
 2981  structure.
 2982         Section 26. Section 627.7073, Florida Statutes, is amended
 2983  to read:
 2984         627.7073 Sinkhole reports.—
 2985         (1) Upon completion of testing as provided in s. 627.7072,
 2986  the professional engineer or professional geologist shall issue
 2987  a report and certification to the insurer and the policyholder
 2988  as provided in this section.
 2989         (a) Sinkhole loss is verified if, based upon tests
 2990  performed in accordance with s. 627.7072, a professional
 2991  engineer or a professional geologist issues a written report and
 2992  certification stating:
 2993         1. That structural damage to the covered building has been
 2994  identified within a reasonable professional probability.
 2995         2.1. That the cause of the actual physical and structural
 2996  damage is sinkhole activity within a reasonable professional
 2997  probability.
 2998         3.2. That the analyses conducted were of sufficient scope
 2999  to identify sinkhole activity as the cause of damage within a
 3000  reasonable professional probability.
 3001         4.3. A description of the tests performed.
 3002         5.4. A recommendation by the professional engineer of
 3003  methods for stabilizing the land and building and for making
 3004  repairs to the foundation.
 3005         (b) If there is no structural damage or if sinkhole
 3006  activity is eliminated as the cause of such damage to the
 3007  covered building structure, the professional engineer or
 3008  professional geologist shall issue a written report and
 3009  certification to the policyholder and the insurer stating:
 3010         1. That there is no structural damage or the cause of such
 3011  the damage is not sinkhole activity within a reasonable
 3012  professional probability.
 3013         2. That the analyses and tests conducted were of sufficient
 3014  scope to eliminate sinkhole activity as the cause of the
 3015  structural damage within a reasonable professional probability.
 3016         3. A statement of the cause of the structural damage within
 3017  a reasonable professional probability.
 3018         4. A description of the tests performed.
 3019         (c) The respective findings, opinions, and recommendations
 3020  of the professional engineer or professional geologist as to the
 3021  cause of distress to the property and the findings, opinions,
 3022  and recommendations of the insurer’s professional engineer as to
 3023  land and building stabilization and foundation repair set forth
 3024  by s. 627.7072 shall be presumed correct, which presumption
 3025  shifts the burden of proof in accordance with s. 90.302(2). The
 3026  presumption of correctness is based upon public policy concerns
 3027  regarding the affordability of sinkhole coverage, consistency in
 3028  claims handling, and a reduction in the number of disputed
 3029  sinkhole claims.
 3030         (2)(a)An Any insurer that has paid a claim for a sinkhole
 3031  loss shall file a copy of the report and certification, prepared
 3032  pursuant to subsection (1), including the legal description of
 3033  the real property and the name of the property owner, the
 3034  neutral evaluator’s report, if any, which indicates that
 3035  sinkhole activity caused the damage claimed, a copy of the
 3036  certification indicating that stabilization has been completed,
 3037  if applicable, and the amount of the payment, with the county
 3038  clerk of court, who shall record the report and certification.
 3039  The insurer shall bear the cost of filing and recording one or
 3040  more reports and certifications the report and certification.
 3041  There shall be no cause of action or liability against an
 3042  insurer for compliance with this section.
 3043         (a) The recording of the report and certification does not:
 3044         1. Constitute a lien, encumbrance, or restriction on the
 3045  title to the real property or constitute a defect in the title
 3046  to the real property;
 3047         2. Create any cause of action or liability against any
 3048  grantor of the real property for breach of any warranty of good
 3049  title or warranty against encumbrances; or
 3050         3. Create any cause of action or liability against any
 3051  title insurer that insures the title to the real property.
 3052         (b) As a precondition to accepting payment for a sinkhole
 3053  loss, the policyholder must file a copy of any sinkhole report
 3054  regarding the insured property which was prepared on behalf or
 3055  at the request of the policyholder. The policyholder shall bear
 3056  the cost of filing and recording the sinkhole report. The
 3057  recording of the report does not:
 3058         1. Constitute a lien, encumbrance, or restriction on the
 3059  title to the real property or constitute a defect in the title
 3060  to the real property;
 3061         2. Create any cause of action or liability against any
 3062  grantor of the real property for breach of any warranty of good
 3063  title or warranty against encumbrances; or
 3064         3. Create any cause of action or liability against a title
 3065  insurer that insures the title to the real property.
 3066         (c)(b) The seller of real property upon which a sinkhole
 3067  claim has been made by the seller and paid by the insurer must
 3068  shall disclose to the buyer of such property, before the
 3069  closing, that a claim has been paid and whether or not the full
 3070  amount of the proceeds were used to repair the sinkhole damage.
 3071         Section 27. Section 627.7074, Florida Statutes, is amended
 3072  to read:
 3073         627.7074 Alternative procedure for resolution of disputed
 3074  sinkhole insurance claims.—
 3075         (1) As used in this section, the term:
 3076         (a) “Neutral evaluation” means the alternative dispute
 3077  resolution provided for in this section.
 3078         (b) “Neutral evaluator” means a professional engineer or a
 3079  professional geologist who has completed a course of study in
 3080  alternative dispute resolution designed or approved by the
 3081  department for use in the neutral evaluation process, who is
 3082  determined to be fair and impartial.
 3083         (1)(2)(a) The department shall:
 3084         (a) Certify and maintain a list of persons who are neutral
 3085  evaluators.
 3086         (b) The department shall Prepare a consumer information
 3087  pamphlet for distribution by insurers to policyholders which
 3088  clearly describes the neutral evaluation process and includes
 3089  information and forms necessary for the policyholder to request
 3090  a neutral evaluation.
 3091         (2) Neutral evaluation is available to either party if a
 3092  sinkhole report has been issued pursuant to s. 627.7073. At a
 3093  minimum, neutral evaluation must determine:
 3094         (a) Causation;
 3095         (b) All methods of stabilization and repair both above and
 3096  below ground;
 3097         (c) The costs for stabilization and all repairs; and
 3098         (d) Information necessary to carry out subsection (12).
 3099         (3) Following the receipt of the report provided under s.
 3100  627.7073 or the denial of a claim for a sinkhole loss, the
 3101  insurer shall notify the policyholder of his or her right to
 3102  participate in the neutral evaluation program under this
 3103  section. Neutral evaluation supersedes the alternative dispute
 3104  resolution process under s. 627.7015, but does not invalidate
 3105  the appraisal clause of the insurance policy. The insurer shall
 3106  provide to the policyholder the consumer information pamphlet
 3107  prepared by the department pursuant to subsection (1)
 3108  electronically or by United States mail paragraph (2)(b).
 3109         (4) Neutral evaluation is nonbinding, but mandatory if
 3110  requested by either party. A request for neutral evaluation may
 3111  be filed with the department by the policyholder or the insurer
 3112  on a form approved by the department. The request for neutral
 3113  evaluation must state the reason for the request and must
 3114  include an explanation of all the issues in dispute at the time
 3115  of the request. Filing a request for neutral evaluation tolls
 3116  the applicable time requirements for filing suit for a period of
 3117  60 days following the conclusion of the neutral evaluation
 3118  process or the time prescribed in s. 95.11, whichever is later.
 3119         (5) Neutral evaluation shall be conducted as an informal
 3120  process in which formal rules of evidence and procedure need not
 3121  be observed. A party to neutral evaluation is not required to
 3122  attend neutral evaluation if a representative of the party
 3123  attends and has the authority to make a binding decision on
 3124  behalf of the party. All parties shall participate in the
 3125  evaluation in good faith. The neutral evaluator must be allowed
 3126  reasonable access to the interior and exterior of insured
 3127  structures to be evaluated or for which a claim has been made.
 3128  Any reports initiated by the policyholder, or an agent of the
 3129  policyholder, confirming a sinkhole loss or disputing another
 3130  sinkhole report regarding insured structures must be provided to
 3131  the neutral evaluator before the evaluator’s physical inspection
 3132  of the insured property.
 3133         (6) The insurer shall pay reasonable the costs associated
 3134  with the neutral evaluation. However, if a party chooses to hire
 3135  a court reporter or stenographer to contemporaneously record and
 3136  document the neutral evaluation, that party must bear such
 3137  costs.
 3138         (7) Upon receipt of a request for neutral evaluation, the
 3139  department shall provide the parties a list of certified neutral
 3140  evaluators. The parties shall mutually select a neutral
 3141  evaluator from the list and promptly inform the department. If
 3142  the parties cannot agree to a neutral evaluator within 10
 3143  business days, The department shall allow the parties to submit
 3144  requests to disqualify evaluators on the list for cause.
 3145         (a) The department shall disqualify neutral evaluators for
 3146  cause based only on any of the following grounds:
 3147         1. A familial relationship exists between the neutral
 3148  evaluator and either party or a representative of either party
 3149  within the third degree.
 3150         2. The proposed neutral evaluator has, in a professional
 3151  capacity, previously represented either party or a
 3152  representative of either party, in the same or a substantially
 3153  related matter.
 3154         3. The proposed neutral evaluator has, in a professional
 3155  capacity, represented another person in the same or a
 3156  substantially related matter and that person’s interests are
 3157  materially adverse to the interests of the parties. The term
 3158  “substantially related matter” means participation by the
 3159  neutral evaluator on the same claim, property, or adjacent
 3160  property.
 3161         4. The proposed neutral evaluator has, within the preceding
 3162  5 years, worked as an employer or employee of any party to the
 3163  case.
 3164         (b) The parties shall appoint a neutral evaluator from the
 3165  department list and promptly inform the department. If the
 3166  parties cannot agree to a neutral evaluator within 14 days, the
 3167  department shall appoint a neutral evaluator from the list of
 3168  certified neutral evaluators. The department shall allow each
 3169  party to disqualify two neutral evaluators without cause. Upon
 3170  selection or appointment, the department shall promptly refer
 3171  the request to the neutral evaluator.
 3172         (c) Within 14 5 business days after the referral, the
 3173  neutral evaluator shall notify the policyholder and the insurer
 3174  of the date, time, and place of the neutral evaluation
 3175  conference. The conference may be held by telephone, if feasible
 3176  and desirable. The neutral evaluator shall make reasonable
 3177  efforts to hold the neutral evaluation conference shall be held
 3178  within 90 45 days after the receipt of the request by the
 3179  department. Failure of the neutral evaluator to hold the
 3180  conference within 90 days does not invalidate either party’s
 3181  right to neutral evaluation or to a neutral evaluation
 3182  conference held outside this timeframe.
 3183         (8) The department shall adopt rules of procedure for the
 3184  neutral evaluation process.
 3185         (8)(9) For policyholders not represented by an attorney, a
 3186  consumer affairs specialist of the department or an employee
 3187  designated as the primary contact for consumers on issues
 3188  relating to sinkholes under s. 20.121 shall be available for
 3189  consultation to the extent that he or she may lawfully do so.
 3190         (9)(10) Evidence of an offer to settle a claim during the
 3191  neutral evaluation process, as well as any relevant conduct or
 3192  statements made in negotiations concerning the offer to settle a
 3193  claim, is inadmissible to prove liability or absence of
 3194  liability for the claim or its value, except as provided in
 3195  subsection (14) (13).
 3196         (10)(11)Regardless of when noticed, any court proceeding
 3197  related to the subject matter of the neutral evaluation shall be
 3198  stayed pending completion of the neutral evaluation and for 5
 3199  days after the filing of the neutral evaluator’s report with the
 3200  court.
 3201         (11) If, based upon his or her professional training and
 3202  credentials, a neutral evaluator is qualified to determine only
 3203  disputes relating to causation or method of repair, the
 3204  department shall allow the neutral evaluator to enlist the
 3205  assistance of another professional from the neutral evaluators
 3206  list not previously stricken, who, based upon his or her
 3207  professional training and credentials, is able to provide an
 3208  opinion as to other disputed issues. A professional who would be
 3209  disqualified for any reason listed in subsection (7) must be
 3210  disqualified. The neutral evaluator may also use the services of
 3211  professional engineers and professional geologists who are not
 3212  certified as neutral evaluators, as well as licensed building
 3213  contractors, in order to ensure that all items in dispute are
 3214  addressed and the neutral evaluation can be completed. Any
 3215  professional engineer, professional geologist, or licensed
 3216  building contractor retained may be disqualified for any of the
 3217  reasons listed in subsection (7). The neutral evaluator may
 3218  request the entity that performed the investigation pursuant to
 3219  s. 627.7072 perform such additional and reasonable testing as
 3220  deemed necessary in the professional opinion of the neutral
 3221  evaluator.
 3222         (12) At For matters that are not resolved by the parties at
 3223  the conclusion of the neutral evaluation, the neutral evaluator
 3224  shall prepare a report describing all matters that are the
 3225  subject of the neutral evaluation, including whether, stating
 3226  that in his or her opinion, the sinkhole loss has been verified
 3227  or eliminated within a reasonable degree of professional
 3228  probability and, if verified, whether the sinkhole activity
 3229  caused structural damage to the covered building, and if so, the
 3230  need for and estimated costs of stabilizing the land and any
 3231  covered structures or buildings and other appropriate
 3232  remediation or necessary building structural repairs due to the
 3233  sinkhole loss. The evaluator’s report shall be sent to all
 3234  parties in attendance at the neutral evaluation and to the
 3235  department, within 14 days after completing the neutral
 3236  evaluation conference.
 3237         (13) The recommendation of the neutral evaluator is not
 3238  binding on any party, and the parties retain access to the
 3239  court. The neutral evaluator’s written recommendation, oral
 3240  testimony, and full report shall be admitted is admissible in
 3241  any subsequent action, litigation, or proceeding relating to the
 3242  claim or to the cause of action giving rise to the claim.
 3243  However, oral or written statements or nonverbal conduct
 3244  intended to make an assertion made by a party or neutral
 3245  evaluator during the course of neutral evaluation, other than
 3246  those statements or conduct expressly required to be admitted by
 3247  this subsection, are confidential and may not be disclosed to a
 3248  person other than a party to neutral evaluation or a party’s
 3249  counsel.
 3250         (14) If the neutral evaluator first verifies the existence
 3251  of a sinkhole that caused structural damage and, second,
 3252  recommends the need for and estimates costs of stabilizing the
 3253  land and any covered structures or buildings and other
 3254  appropriate remediation or building structural repairs, which
 3255  costs exceed the amount that the insurer estimates as necessary
 3256  to stabilize and repair, and the insurer refuses to comply with
 3257  the neutral evaluator’s findings and recommendations has offered
 3258  to pay the policyholder, the insurer is liable to the
 3259  policyholder for up to $2,500 in attorney’s fees for the
 3260  attorney’s participation in the neutral evaluation process. For
 3261  purposes of this subsection, the term “offer to pay” means a
 3262  written offer signed by the insurer or its legal representative
 3263  and delivered to the policyholder within 10 days after the
 3264  insurer receives notice that a request for neutral evaluation
 3265  has been made under this section.
 3266         (15) If the insurer timely agrees in writing to comply and
 3267  timely complies with the recommendation of the neutral
 3268  evaluator, but the policyholder declines to resolve the matter
 3269  in accordance with the recommendation of the neutral evaluator
 3270  pursuant to this section:
 3271         (a) The insurer is not liable for extracontractual damages
 3272  related to a claim for a sinkhole loss but only as related to
 3273  the issues determined by the neutral evaluation process. This
 3274  section does not affect or impair claims for extracontractual
 3275  damages unrelated to the issues determined by the neutral
 3276  evaluation process contained in this section; and
 3277         (b) The actions of the insurer are not a confession of
 3278  judgment or admission of liability, and the insurer is not
 3279  liable for attorney’s fees under s. 627.428 or other provisions
 3280  of the insurance code unless the policyholder obtains a judgment
 3281  that is more favorable than the recommendation of the neutral
 3282  evaluator.
 3283         (16) If the insurer agrees to comply with the neutral
 3284  evaluator’s report, payments shall be made in accordance with
 3285  the terms and conditions of the applicable insurance policy
 3286  pursuant to s. 627.707(5).
 3287         (17) Neutral evaluators are deemed to be agents of the
 3288  department and have immunity from suit as provided in s. 44.107.
 3289         (18) The department shall adopt rules of procedure for the
 3290  neutral evaluation process.
 3291         Section 28. Subsection (1) of section 627.712, Florida
 3292  Statutes, is amended to read:
 3293         627.712 Residential windstorm coverage required;
 3294  availability of exclusions for windstorm or contents.—
 3295         (1) An insurer issuing a residential property insurance
 3296  policy must provide windstorm coverage. Except as provided in
 3297  paragraph (2)(c), this section does not apply with respect to
 3298  risks that are eligible for wind-only coverage from Citizens
 3299  Property Insurance Corporation under s. 627.351(6), and with
 3300  respect to risks that are not eligible for coverage from
 3301  Citizens Property Insurance Corporation under s. 627.351(6)(a)3.
 3302  or 5. A risk ineligible for Citizens coverage by the corporation
 3303  under s. 627.351(6)(a)3. or 5. is exempt from the requirements
 3304  of this section only if the risk is located within the
 3305  boundaries of the coastal high-risk account of the corporation.
 3306         Section 29. Except as otherwise expressly provided in this
 3307  act and except for this section, which shall take effect June 1,
 3308  2011, this act shall take effect July 1, 2011.