Florida Senate - 2011                                     SB 408
       
       
       
       By Senator Richter
       
       
       
       
       37-00264B-11                                           2011408__
    1                        A bill to be entitled                      
    2         An act relating to property and casualty insurance;
    3         amending s. 624.407, F.S.; revising the amount of
    4         surplus funds required for domestic insurers applying
    5         for a certificate of authority after a certain date;
    6         amending s. 624.408, F.S.; revising the minimum
    7         surplus that must be maintained by certain insurers;
    8         authorizing the Office of Insurance Regulation to
    9         reduce the surplus requirement under specified
   10         circumstances; amending s. 624.4095, F.S.; excluding
   11         certain premiums for federal multiple-peril crop
   12         insurance from calculations for an insurer’s gross
   13         writing ratio; requiring insurers to disclose the
   14         gross written premiums for federal multiple-peril crop
   15         insurance in a financial statement; amending s.
   16         624.424; revising the frequency that an insurer may
   17         use the same accountant or partner to prepare an
   18         annual audited financial report; amending s. 626.854,
   19         F.S.; providing limitations on the amount of
   20         compensation that may be received by a public adjuster
   21         for a reopened or supplemental claim; providing
   22         statements that may be considered deceptive or
   23         misleading if made in any public adjuster’s
   24         advertisement or solicitation; providing a definition
   25         for the term “written advertisement”; requiring that a
   26         disclaimer be included in any public adjuster’s
   27         written advertisement; providing requirements for such
   28         disclaimer; requiring certain persons who act on
   29         behalf of an insurer to provide notice to the insurer,
   30         claimant, public adjuster, or legal representative for
   31         an onsite inspection of the insured property;
   32         authorizing the insured or claimant to deny access to
   33         the property if notice is not provided; requiring the
   34         public adjuster to ensure prompt notice of certain
   35         property loss claims; providing that an insurer be
   36         allowed to interview the insured directly about the
   37         loss claim; prohibiting the insurer from obstructing
   38         or preventing the public adjuster from communicating
   39         with the insured; requiring that the insurer
   40         communicate with the public adjuster in an effort to
   41         reach an agreement as to the scope of the covered loss
   42         under the insurance policy; prohibiting a public
   43         adjuster from restricting or preventing persons acting
   44         on behalf of the insured from having reasonable access
   45         to the insured or the insured’s property; prohibiting
   46         a public adjuster from restricting or preventing the
   47         insured’s adjuster from having reasonable access to or
   48         inspecting the insured’s property; authorizing the
   49         insured’s adjuster to be present for the inspection;
   50         prohibiting a licensed contractor or subcontractor
   51         from adjusting a claim on behalf of an insured if such
   52         contractor or subcontractor is not a licensed public
   53         adjuster; providing an exception; amending s.
   54         626.8651, F.S.; requiring that a public adjuster
   55         apprentice complete a minimum number of hours of
   56         continuing education to qualify for licensure;
   57         amending s. 626.8796, F.S.; providing requirements for
   58         a public adjuster contract; creating s. 626.70132,
   59         F.S.; requiring that notice of a claim, supplemental
   60         claim, or reopened claim be given to the insurer
   61         within a specified period after a windstorm or
   62         hurricane occurs; providing a definition for the terms
   63         “supplemental claim” or “reopened claim”; providing
   64         applicability; amending s. 627.062, F.S.; requiring
   65         that the office issue an approval rather than a notice
   66         of intent to approve following its approval of a file
   67         and use filing; deleting an obsolete provision;
   68         prohibiting the Office of Insurance Regulation from,
   69         directly or indirectly, impeding the right of an
   70         insurer to acquire policyholders, advertise or appoint
   71         agents, or regulate agent commissions; revising the
   72         information that must be included in a rate filing
   73         relating to certain reinsurance or financing products;
   74         deleting a provision that prohibited an insurer from
   75         making certain rate filings within a certain period of
   76         time after a rate increase; deleting a provision
   77         prohibiting an insurer from filing for a rate increase
   78         within 6 months after it makes certain rate filings;
   79         deleting obsolete provisions relating to legislation
   80         enacted during the 2003 Special Session D of the
   81         Legislature; amending s. 627.0629, F.S.; providing
   82         legislative intent that insurers provide consumers
   83         with accurate pricing signals for alterations in order
   84         to minimize losses, but that mitigation discounts not
   85         result in a loss of income for the insurer; requiring
   86         rate filings for residential property insurance to
   87         include actuarially reasonable debits that provide
   88         proper pricing; providing for an increase in base
   89         rates if mitigation discounts exceed the aggregate
   90         reduction in expected losses; deleting obsolete
   91         provisions; deleting a requirement that the Office of
   92         Insurance Regulation propose a method for establishing
   93         discounts, debits, credits, and other rate
   94         differentials for hurricane mitigation by a certain
   95         date; requiring the Financial Services Commission to
   96         adopt rules relating to such debits by a certain date;
   97         deleting a provision that prohibits an insurer from
   98         including an expense or profit load in the cost of
   99         reinsurance to replace the Temporary Increase in
  100         Coverage Limits; conforming provisions to changes made
  101         by the act; amending s. 627.351, F.S.; renaming the
  102         “high-risk account” as the “coastal account”; revising
  103         the conditions under which the Citizens policyholder
  104         surcharge may be imposed; providing that members of
  105         the Citizens Property Insurance Corporation Board of
  106         Governors are not prohibited from practicing in a
  107         certain profession if not prohibited by law or
  108         ordinance; prohibiting board members from voting on
  109         certain measures; changing the date on which the
  110         boundaries of high-risk areas eligible for certain
  111         wind-only coverages will be reduced if certain
  112         circumstances exist; amending s. 627.3511, F.S.;
  113         conforming provisions to changes made by the act;
  114         amending s. 627.4133, F.S.; authorizing an insurer to
  115         cancel policies after 45 days’ notice if the Office of
  116         Insurance Regulation determines that the cancellation
  117         of policies is necessary to protect the interests of
  118         the public or policyholders; authorizing the Office of
  119         Insurance Regulation to place an insurer under
  120         administrative supervision or appoint a receiver upon
  121         the consent of the insurer under certain
  122         circumstances; creating s. 627.43141, F.S.; providing
  123         definitions; requiring the delivery of a “Notice of
  124         Change in Policy Terms” under certain circumstances;
  125         specifying requirements for such notice; specifying
  126         actions constituting proof of notice; authorizing
  127         policy renewals to contain a change in policy terms;
  128         providing that receipt of payment by an insurer is
  129         deemed acceptance of new policy terms by an insured;
  130         providing that the original policy remains in effect
  131         until the occurrence of specified events if an insurer
  132         fails to provide notice; providing intent; amending s.
  133         627.7011, F.S.; requiring that an insurer pay the
  134         actual cash value of an insured loss for a dwelling,
  135         less any applicable deductible, under certain
  136         circumstances; requiring that a policyholder enter
  137         into a contract for the performance of building and
  138         structural repairs; requiring that an insurer pay
  139         certain remaining amounts; restricting insurers and
  140         contractors from requiring advance payments for
  141         certain repairs and expenses; authorizing an insured
  142         to make a claim for replacement costs within a certain
  143         period after the insurer pays actual cash value to
  144         make a claim for replacement costs; requiring an
  145         insurer to pay the replacement costs if a total loss
  146         occurs; allowing an insurer to limit its initial
  147         payment for losses to personal property; amending s.
  148         627.70131, F.S.; specifying application of certain
  149         time periods to initial or supplemental property
  150         insurance claim notices and payments; providing
  151         legislative findings with respect to 2005 statutory
  152         changes relating to sinkhole insurance coverage and
  153         statutory changes in this act; amending s. 627.706,
  154         F.S.; authorizing an insurer to limit coverage for
  155         catastrophic ground cover collapse to the principal
  156         building and to have discretion to provide additional
  157         coverage; allowing the deductible to include costs
  158         relating to an investigation of whether sinkhole
  159         activity is present; revising definitions; defining
  160         the term “structural damage”; placing a 2-year statute
  161         of repose on claims for sinkhole coverage; amending s.
  162         627.7061, F.S.; conforming provisions to changes made
  163         by the act; repealing s. 627.7065, F.S., relating to
  164         the establishment of a sinkhole database; amending s.
  165         627.707, F.S.; revising provisions relating to the
  166         investigation of sinkholes by insurers; deleting a
  167         requirement that the insurer provide a policyholder
  168         with a statement regarding testing for sinkhole
  169         activity; providing a time limitation for demanding
  170         sinkhole testing by a policyholder and entering into a
  171         contract for repairs; requiring all repairs to be
  172         completed within a certain time; providing exceptions;
  173         providing a criminal penalty on a policyholder for
  174         accepting rebates from persons performing repairs;
  175         amending s. 627.7073, F.S.; revising provisions
  176         relating to inspection reports; providing that the
  177         presumption that the report is correct shifts the
  178         burden of proof; requiring the policyholder to file
  179         certain reports as a precondition to accepting
  180         payment; requiring a seller of real property to
  181         provide a buyer with a copy of any inspection reports
  182         and certifications; amending s. 627.7074, F.S.;
  183         revising provisions relating to neutral evaluation;
  184         requiring evaluation in order to make certain
  185         determinations; requiring that the neutral evaluator
  186         be allowed access to structures being evaluated;
  187         providing grounds for disqualifying an evaluator;
  188         allowing the Department of Financial Services to
  189         appoint an evaluator if the parties cannot come to
  190         agreement; revising the timeframes for scheduling a
  191         neutral evaluation conference; authorizing an
  192         evaluator to enlist another evaluator or other
  193         professionals; providing a time certain for issuing a
  194         report; providing that certain information is
  195         confidential; revising provisions relating to
  196         compliance with the evaluator’s recommendations;
  197         providing that the evaluator is an agent of the
  198         department for the purposes of immunity from suit;
  199         requiring the department to adopt rules; amending s.
  200         627.712, F.S.; conforming provisions to changes made
  201         by the act; providing effective dates.
  202  
  203  Be It Enacted by the Legislature of the State of Florida:
  204  
  205         Section 1. Section 624.407, Florida Statutes, is amended to
  206  read:
  207         624.407 Surplus Capital funds required; new insurers.—
  208         (1) To receive authority to transact any one kind or
  209  combinations of kinds of insurance, as defined in part V of this
  210  chapter, an insurer applying for its original certificate of
  211  authority in this state after November 10, 1993, the effective
  212  date of this section shall possess surplus funds as to
  213  policyholders at least not less than the greater of:
  214         (a) Five million dollars For a property and casualty
  215  insurer, $5 million, or $2.5 million for any other insurer;
  216         (b) For life insurers, 4 percent of the insurer’s total
  217  liabilities;
  218         (c) For life and health insurers, 4 percent of the
  219  insurer’s total liabilities, plus 6 percent of the insurer’s
  220  liabilities relative to health insurance; or
  221         (d) For all insurers other than life insurers and life and
  222  health insurers, 10 percent of the insurer’s total liabilities;
  223  or
  224         (e) Notwithstanding paragraph (a) or paragraph (d), for a
  225  domestic insurer that transacts residential property insurance
  226  and is:
  227         1. Not a wholly owned subsidiary of an insurer domiciled in
  228  any other state on or before July 1, 2011, and until June 30,
  229  2016, $5 million; on or after July 1, 2016, and until June 30,
  230  2021, $10 million; and on or after July 1, 2021, $15 million.
  231         2.however, a domestic insurer that transacts residential
  232  property insurance and is A wholly owned subsidiary of an
  233  insurer domiciled in any other state, shall possess surplus as
  234  to policyholders of at least $50 million.
  235         (3) Notwithstanding subsections (1) and (2), a new insurer
  236  may not be required, but no insurer shall be required under this
  237  subsection to have surplus as to policyholders greater than $100
  238  million.
  239         (4)(2) The requirements of this section shall be based upon
  240  all the kinds of insurance actually transacted or to be
  241  transacted by the insurer in any and all areas in which it
  242  operates, whether or not only a portion of such kinds of
  243  insurance are to be transacted in this state.
  244         (5)(3) As to surplus funds as to policyholders required for
  245  qualification to transact one or more kinds of insurance,
  246  domestic mutual insurers are governed by chapter 628, and
  247  domestic reciprocal insurers are governed by chapter 629.
  248         (6)(4) For the purposes of this section, liabilities do
  249  shall not include liabilities required under s. 625.041(4). For
  250  purposes of computing minimum surplus funds as to policyholders
  251  pursuant to s. 625.305(1), liabilities shall include liabilities
  252  required under s. 625.041(4).
  253         (7)(5) The provisions of this section, as amended by
  254  chapter 89-360, Laws of Florida this act, shall apply only to
  255  insurers applying for a certificate of authority on or after
  256  October 1, 1989 the effective date of this act.
  257         Section 2. Section 624.408, Florida Statutes, is amended to
  258  read:
  259         624.408 Surplus funds as to policyholders required; current
  260  new and existing insurers.—
  261         (1)(a) To maintain a certificate of authority to transact
  262  any one kind or combinations of kinds of insurance, as defined
  263  in part V of this chapter, an insurer in this state must shall
  264  at all times maintain surplus funds as to policyholders at least
  265  not less than the greater of:
  266         (a)1. Except as provided in paragraphs (e),(f), and (g)
  267  subparagraph 5. and paragraph (b), $1.5 million.;
  268         (b)2. For life insurers, 4 percent of the insurer’s total
  269  liabilities.;
  270         (c)3. For life and health insurers, 4 percent of the
  271  insurer’s total liabilities plus 6 percent of the insurer’s
  272  liabilities relative to health insurance.; or
  273         (d)4. For all insurers other than mortgage guaranty
  274  insurers, life insurers, and life and health insurers, 10
  275  percent of the insurer’s total liabilities.
  276         (e)5. For property and casualty insurers, $4 million,
  277  except for property and casualty insurers authorized to
  278  underwrite any line of residential property insurance.
  279         (f)(b) For residential any property insurers not and
  280  casualty insurer holding a certificate of authority before July
  281  1, 2011 on December 1, 1993, $15 million. the
  282         (g) For residential property insurers holding a certificate
  283  of authority before July 1, 2011, and until June 30, 2016, $5
  284  million; on or after July 1, 2016, and until June 30, 2021, $10
  285  million; on or after July 1, 2021, $15 million. The office may
  286  reduce this surplus requirement if the insurer is not writing
  287  new business, has premiums in force of less than $1 million per
  288  year in residential property insurance, or is a mutual insurance
  289  company. following amounts apply instead of the $4 million
  290  required by subparagraph (a)5.:
  291         1.On December 31, 2001, and until December 30, 2002, $3
  292  million.
  293         2.On December 31, 2002, and until December 30, 2003, $3.25
  294  million.
  295         3.On December 31, 2003, and until December 30, 2004, $3.6
  296  million.
  297         4.On December 31, 2004, and thereafter, $4 million.
  298         (2) For purposes of this section, liabilities do shall not
  299  include liabilities required under s. 625.041(4). For purposes
  300  of computing minimum surplus as to policyholders pursuant to s.
  301  625.305(1), liabilities shall include liabilities required under
  302  s. 625.041(4).
  303         (3) This section does not require an No insurer shall be
  304  required under this section to have surplus as to policyholders
  305  greater than $100 million.
  306         (4) A mortgage guaranty insurer shall maintain a minimum
  307  surplus as required by s. 635.042.
  308         Section 3. Subsection (7) is added to section 624.4095,
  309  Florida Statutes, to read:
  310         624.4095 Premiums written; restrictions.—
  311         (7)For the purposes of this section and ss. 624.407 and
  312  624.408, with respect to capital and surplus requirements, gross
  313  written premiums for federal multiple-peril crop insurance which
  314  are ceded to the Federal Crop Insurance Corporation or
  315  authorized reinsurers may not be included in the calculation of
  316  an insurer’s gross writing ratio. The liabilities for ceded
  317  reinsurance premiums payable for federal multiple-peril crop
  318  insurance ceded to the Federal Crop Insurance Corporation and
  319  authorized reinsurers shall be netted against the asset for
  320  amounts recoverable from reinsurers. Each insurer that writes
  321  other insurance products together with federal multiple-peril
  322  crop insurance must disclose in the notes to its annual and
  323  quarterly financial statements, or in a supplement to those
  324  statements, the gross written premiums for federal multiple
  325  peril crop insurance.
  326         Section 4. Paragraph (d) of subsection (8) of section
  327  624.424, Florida Statutes, is amended to read:
  328         624.424 Annual statement and other information.—
  329         (8)
  330         (d) An insurer may not use the same accountant or partner
  331  of an accounting firm responsible for preparing the report
  332  required by this subsection for more than 5 7 consecutive years.
  333  Following this period, the insurer may not use such accountant
  334  or partner for a period of 5 2 years, but may use another
  335  accountant or partner of the same firm. An insurer may request
  336  the office to waive this prohibition based upon an unusual
  337  hardship to the insurer and a determination that the accountant
  338  is exercising independent judgment that is not unduly influenced
  339  by the insurer considering such factors as the number of
  340  partners, expertise of the partners or the number of insurance
  341  clients of the accounting firm; the premium volume of the
  342  insurer; and the number of jurisdictions in which the insurer
  343  transacts business.
  344         Section 5. Effective June 1, 2011, subsection (11) of
  345  section 626.854, Florida Statutes, is amended to read:
  346         626.854 “Public adjuster” defined; prohibitions.—The
  347  Legislature finds that it is necessary for the protection of the
  348  public to regulate public insurance adjusters and to prevent the
  349  unauthorized practice of law.
  350         (11)(a) If a public adjuster enters into a contract with an
  351  insured or claimant to reopen a claim or to file a supplemental
  352  claim that seeks additional payments for a claim that has been
  353  previously paid in part or in full or settled by the insurer,
  354  the public adjuster may not charge, agree to, or accept any
  355  compensation, payment, commission, fee, or other thing of value
  356  based on a previous settlement or previous claim payments by the
  357  insurer for the same cause of loss. The charge, compensation,
  358  payment, commission, fee, or other thing of value must may be
  359  based only on the claim payments or settlement obtained through
  360  the work of the public adjuster after entering into the contract
  361  with the insured or claimant. Compensation for the reopened or
  362  supplemental claim may not exceed 20 percent of the reopened or
  363  supplemental claim payment. The contracts described in this
  364  paragraph are not subject to the limitations in paragraph (b).
  365         (b) A public adjuster may not charge, agree to, or accept
  366  any compensation, payment, commission, fee, or other thing of
  367  value in excess of:
  368         1. Ten percent of the amount of insurance claim payments
  369  made by the insurer for claims based on events that are the
  370  subject of a declaration of a state of emergency by the
  371  Governor. This provision applies to claims made during the
  372  period of 1 year after the declaration of emergency. After that
  373  year, the limitations in subparagraph 2. apply.
  374         2. Twenty percent of the amount of all other insurance
  375  claim payments made by the insurer for claims that are not based
  376  on events that are the subject of a declaration of a state of
  377  emergency by the Governor.
  378  
  379  The provisions of subsections (5)-(13) apply only to residential
  380  property insurance policies and condominium association policies
  381  as defined in s. 718.111(11).
  382         Section 6. Effective January 1, 2012, section 626.854,
  383  Florida Statutes, as amended by this act, is amended to read:
  384         626.854 “Public adjuster” defined; prohibitions.—The
  385  Legislature finds that it is necessary for the protection of the
  386  public to regulate public insurance adjusters and to prevent the
  387  unauthorized practice of law.
  388         (1) A “public adjuster” is any person, except a duly
  389  licensed attorney at law as exempted under hereinafter in s.
  390  626.860 provided, who, for money, commission, or any other thing
  391  of value, prepares, completes, or files an insurance claim form
  392  for an insured or third-party claimant or who, for money,
  393  commission, or any other thing of value, acts or aids in any
  394  manner on behalf of, or aids an insured or third-party claimant
  395  in negotiating for or effecting the settlement of a claim or
  396  claims for loss or damage covered by an insurance contract or
  397  who advertises for employment as an adjuster of such claims. The
  398  term, and also includes any person who, for money, commission,
  399  or any other thing of value, solicits, investigates, or adjusts
  400  such claims on behalf of a any such public adjuster.
  401         (2) This definition does not apply to:
  402         (a) A licensed health care provider or employee thereof who
  403  prepares or files a health insurance claim form on behalf of a
  404  patient.
  405         (b) A person who files a health claim on behalf of another
  406  and does so without compensation.
  407         (3) A public adjuster may not give legal advice or. A
  408  public adjuster may not act on behalf of or aid any person in
  409  negotiating or settling a claim relating to bodily injury,
  410  death, or noneconomic damages.
  411         (4) For purposes of this section, the term “insured”
  412  includes only the policyholder and any beneficiaries named or
  413  similarly identified in the policy.
  414         (5) A public adjuster may not directly or indirectly
  415  through any other person or entity solicit an insured or
  416  claimant by any means except on Monday through Saturday of each
  417  week and only between the hours of 8 a.m. and 8 p.m. on those
  418  days.
  419         (6) A public adjuster may not directly or indirectly
  420  through any other person or entity initiate contact or engage in
  421  face-to-face or telephonic solicitation or enter into a contract
  422  with any insured or claimant under an insurance policy until at
  423  least 48 hours after the occurrence of an event that may be the
  424  subject of a claim under the insurance policy unless contact is
  425  initiated by the insured or claimant.
  426         (7) An insured or claimant may cancel a public adjuster’s
  427  contract to adjust a claim without penalty or obligation within
  428  3 business days after the date on which the contract is executed
  429  or within 3 business days after the date on which the insured or
  430  claimant has notified the insurer of the claim, by phone or in
  431  writing, whichever is later. The public adjuster’s contract must
  432  shall disclose to the insured or claimant his or her right to
  433  cancel the contract and advise the insured or claimant that
  434  notice of cancellation must be submitted in writing and sent by
  435  certified mail, return receipt requested, or other form of
  436  mailing that which provides proof thereof, to the public
  437  adjuster at the address specified in the contract; provided,
  438  during any state of emergency as declared by the Governor and
  439  for a period of 1 year after the date of loss, the insured or
  440  claimant has shall have 5 business days after the date on which
  441  the contract is executed to cancel a public adjuster’s contract.
  442         (8) It is an unfair and deceptive insurance trade practice
  443  pursuant to s. 626.9541 for a public adjuster or any other
  444  person to circulate or disseminate any advertisement,
  445  announcement, or statement containing any assertion,
  446  representation, or statement with respect to the business of
  447  insurance which is untrue, deceptive, or misleading.
  448         (a) The following statements, made in any public adjuster’s
  449  advertisement or solicitation, are considered deceptive or
  450  misleading:
  451         1. A statement or representation that invites an insured
  452  policyholder to submit a claim when the policyholder does not
  453  have covered damage to insured property.
  454         2. A statement or representation that invites an insured
  455  policyholder to submit a claim by offering monetary or other
  456  valuable inducement.
  457         3. A statement or representation that invites an insured
  458  policyholder to submit a claim by stating that there is “no
  459  risk” to the policyholder by submitting such claim.
  460         4. A statement or representation, or use of a logo or
  461  shield, that implies or could mistakenly be construed to imply
  462  that the solicitation was issued or distributed by a
  463  governmental agency or is sanctioned or endorsed by a
  464  governmental agency.
  465         (b) For purposes of this paragraph, the term “written
  466  advertisement” includes only newspapers, magazines, flyers, and
  467  bulk mailers. The following disclaimer, which is not required to
  468  be printed on standard size business cards, must be added in
  469  bold print and capital letters in typeface no smaller than the
  470  typeface of the body of the text to all written advertisements
  471  by a public adjuster:
  472         “THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD
  473         A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU
  474         ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU
  475         MAY DISREGARD THIS ADVERTISEMENT.”
  476  
  477         (9) A public adjuster, a public adjuster apprentice, or any
  478  person or entity acting on behalf of a public adjuster or public
  479  adjuster apprentice may not give or offer to give a monetary
  480  loan or advance to a client or prospective client.
  481         (10) A public adjuster, public adjuster apprentice, or any
  482  individual or entity acting on behalf of a public adjuster or
  483  public adjuster apprentice may not give or offer to give,
  484  directly or indirectly, any article of merchandise having a
  485  value in excess of $25 to any individual for the purpose of
  486  advertising or as an inducement to entering into a contract with
  487  a public adjuster.
  488         (11)(a) If a public adjuster enters into a contract with an
  489  insured or claimant to reopen a claim or file a supplemental
  490  claim that seeks additional payments for a claim that has been
  491  previously paid in part or in full or settled by the insurer,
  492  the public adjuster may not charge, agree to, or accept any
  493  compensation, payment, commission, fee, or other thing of value
  494  based on a previous settlement or previous claim payments by the
  495  insurer for the same cause of loss. The charge, compensation,
  496  payment, commission, fee, or other thing of value must be based
  497  only on the claim payments or settlement obtained through the
  498  work of the public adjuster after entering into the contract
  499  with the insured or claimant. Compensation for the reopened or
  500  supplemental claim may not exceed 20 percent of the reopened or
  501  supplemental claim payment. The contracts described in this
  502  paragraph are not subject to the limitations in paragraph (b).
  503         (b) A public adjuster may not charge, agree to, or accept
  504  any compensation, payment, commission, fee, or other thing of
  505  value in excess of:
  506         1. Ten percent of the amount of insurance claim payments
  507  made by the insurer for claims based on events that are the
  508  subject of a declaration of a state of emergency by the
  509  Governor. This provision applies to claims made during the year
  510  after the declaration of emergency. After that year, the
  511  limitations in subparagraph 2. apply.
  512         2. Twenty percent of the amount of insurance claim payments
  513  made by the insurer for claims that are not based on events that
  514  are the subject of a declaration of a state of emergency by the
  515  Governor.
  516         (12) Each public adjuster must shall provide to the
  517  claimant or insured a written estimate of the loss to assist in
  518  the submission of a proof of loss or any other claim for payment
  519  of insurance proceeds. The public adjuster shall retain such
  520  written estimate for at least 5 years and shall make the such
  521  estimate available to the claimant or insured and the department
  522  upon request.
  523         (13) A public adjuster, public adjuster apprentice, or any
  524  person acting on behalf of a public adjuster or apprentice may
  525  not accept referrals of business from any person with whom the
  526  public adjuster conducts business if there is any form or manner
  527  of agreement to compensate the person, whether directly or
  528  indirectly, for referring business to the public adjuster. A
  529  public adjuster may not compensate any person, except for
  530  another public adjuster, whether directly or indirectly, for the
  531  principal purpose of referring business to the public adjuster.
  532         (14) A company employee adjuster, independent adjuster,
  533  attorney, investigator, or other persons acting on behalf of an
  534  insurer that needs access to an insured or claimant or to the
  535  insured property that is the subject of a claim must provide at
  536  least 48 hours’ notice to the insured or claimant, public
  537  adjuster, or legal representative before scheduling a meeting
  538  with the claimant or an onsite inspection of the insured
  539  property. The insured or claimant may deny access to the
  540  property if the notice has not been provided. The insured or
  541  claimant may waive the 48-hour notice.
  542         (15) A public adjuster must ensure prompt notice of
  543  property loss claims submitted to an insurer by or through a
  544  public adjuster or on which a public adjuster represents the
  545  insured at the time the claim or notice of loss is submitted to
  546  the insurer. The public adjuster must ensure that notice is
  547  given to the insurer, the public adjuster’s contract is provided
  548  to the insurer, the property is available for inspection of the
  549  loss or damage by the insurer, and the insurer is given an
  550  opportunity to interview the insured directly about the loss and
  551  claim. The insurer must be allowed to obtain necessary
  552  information to investigate and respond to the claim.
  553         (a) The insurer may not exclude the public adjuster from
  554  its in-person meetings with the insured. The insurer shall meet
  555  or communicate with the public adjuster in an effort to reach
  556  agreement as to the scope of the covered loss under the
  557  insurance policy. This section does not impair the terms and
  558  conditions of the insurance policy in effect at the time the
  559  claim is filed.
  560         (b) A public adjuster may not restrict or prevent an
  561  insurer, company employee adjuster, independent adjuster,
  562  attorney, investigator, or other person acting on behalf of the
  563  insurer from having reasonable access at reasonable times to an
  564  insured or claimant or to the insured property that is the
  565  subject of a claim.
  566         (c) A public adjuster may not act or fail to reasonably act
  567  in any manner that obstructs or prevents an insurer or insurer’s
  568  adjuster from timely conducting an inspection of any part of the
  569  insured property for which there is a claim for loss or damage.
  570  The public adjuster representing the insured may be present for
  571  the insurer’s inspection, but if the unavailability of the
  572  public adjuster otherwise delays the insurer’s timely inspection
  573  of the property, the public adjuster or the insured must allow
  574  the insurer to have access to the property without the
  575  participation or presence of the public adjuster or insured in
  576  order to facilitate the insurer’s prompt inspection of the loss
  577  or damage.
  578         (16) A licensed contractor under part I of chapter 489, or
  579  a subcontractor, may not adjust a claim on behalf of an insured
  580  unless licensed and compliant as a public adjuster under this
  581  chapter. However, the contractor may discuss or explain a bid
  582  for construction or repair of covered property with the
  583  residential property owner who has suffered loss or damage
  584  covered by a property insurance policy, or the insurer of such
  585  property, if the contractor is doing so for the usual and
  586  customary fees applicable to the work to be performed as stated
  587  in the contract between the contractor and the insured.
  588         (17) The provisions of subsections (5)-(16) (5)-(13) apply
  589  only to residential property insurance policies and condominium
  590  unit owner association policies as defined in s. 718.111(11).
  591         Section 7. Effective January 1, 2012, subsection (6) of
  592  section 626.8651, Florida Statutes, is amended to read:
  593         626.8651 Public adjuster apprentice license;
  594  qualifications.—
  595         (6) To qualify for licensure as a public adjuster, a public
  596  adjuster apprentice must shall complete: at
  597         (a) A minimum of 100 hours of employment per month for 12
  598  months of employment under the supervision of a licensed and
  599  appointed all-lines public adjuster in order to qualify for
  600  licensure as a public adjuster. The department may adopt rules
  601  that establish standards for such employment requirements.
  602         (b) A minimum of 8 hours of continuing education specific
  603  to the practice of a public adjuster, 2 hours of which must
  604  relate to ethics. The continuing education must be designed to
  605  inform the licensee about the current insurance laws of this
  606  state for the purpose of enabling him or her to engage in
  607  business as an insurance adjuster fairly and without injury to
  608  the public and to adjust all claims in accordance with the
  609  insurance contract and the laws of this state.
  610         Section 8. Effective January 1, 2012, section 626.8796,
  611  Florida Statutes, is amended to read:
  612         626.8796 Public adjuster contracts; fraud statement.—
  613         (1) All contracts for public adjuster services must be in
  614  writing and must prominently display the following statement on
  615  the contract: “Pursuant to s. 817.234, Florida Statutes, any
  616  person who, with the intent to injure, defraud, or deceive an
  617  any insurer or insured, prepares, presents, or causes to be
  618  presented a proof of loss or estimate of cost or repair of
  619  damaged property in support of a claim under an insurance policy
  620  knowing that the proof of loss or estimate of claim or repairs
  621  contains any false, incomplete, or misleading information
  622  concerning any fact or thing material to the claim commits a
  623  felony of the third degree, punishable as provided in s.
  624  775.082, s. 775.083, or s. 775.084, Florida Statutes.”
  625         (2) A public adjuster contract must contain the full name,
  626  permanent business address, and license number of the public
  627  adjuster; the full name of the public adjusting firm; and the
  628  insured’s full name and street address, together with a brief
  629  description of the loss. The contract must state the percentage
  630  of compensation for the public adjuster’s services; the type of
  631  claim, including an emergency claim, nonemergency claim, or
  632  supplemental claim; the signatures of the public adjuster and
  633  all named insureds; and the signature date. If all of the named
  634  insureds signatures are not available, the public adjuster must
  635  submit an affidavit signed by the available named insureds
  636  attesting that they have authority to enter into the contract
  637  and settle all claim issues on behalf of the named insureds. An
  638  unaltered copy of the executed contract must be remitted to the
  639  insurer within 30 days after execution.
  640         Section 9. Effective June 1, 2011, section 626.70132,
  641  Florida Statutes, is created to read:
  642         626.70132Notice of windstorm or hurricane claim.—A claim,
  643  supplemental claim, or reopened claim under an insurance policy
  644  that provides personal lines residential coverage, as defined in
  645  s. 627.4025, for loss or damage caused by the peril of windstorm
  646  or hurricane is barred unless notice of the claim, supplemental
  647  claim, or reopened claim was given to the insurer in accordance
  648  with the terms of the policy within 3 years after the hurricane
  649  first made landfall or the windstorm caused the covered damage.
  650  For purposes of this section, the term “supplemental claim” or
  651  “reopened claim” means any additional claim for recovery from
  652  the insurer for losses from the same hurricane or windstorm
  653  which the insurer has previously adjusted pursuant to the
  654  initial claim. This section does not affect any applicable
  655  limitation on civil actions provided in s. 95.11 for claims,
  656  supplemental claims, or reopened claims timely filed under this
  657  section.
  658         Section 10. Section 627.062, Florida Statutes, is amended
  659  to read:
  660         627.062 Rate standards.—
  661         (1) The rates for all classes of insurance to which the
  662  provisions of this part are applicable may shall not be
  663  excessive, inadequate, or unfairly discriminatory.
  664         (2) As to all such classes of insurance:
  665         (a) Insurers or rating organizations shall establish and
  666  use rates, rating schedules, or rating manuals that to allow the
  667  insurer a reasonable rate of return on the such classes of
  668  insurance written in this state. A copy of rates, rating
  669  schedules, rating manuals, premium credits or discount
  670  schedules, and surcharge schedules, and changes thereto, must
  671  shall be filed with the office under one of the following
  672  procedures except as provided in subparagraph 3.:
  673         1. If the filing is made at least 90 days before the
  674  proposed effective date and the filing is not implemented during
  675  the office’s review of the filing and any proceeding and
  676  judicial review, then such filing is shall be considered a “file
  677  and use” filing. In such case, the office shall finalize its
  678  review by issuance of an approval a notice of intent to approve
  679  or a notice of intent to disapprove within 90 days after receipt
  680  of the filing. The approval notice of intent to approve and the
  681  notice of intent to disapprove constitute agency action for
  682  purposes of the Administrative Procedure Act. Requests for
  683  supporting information, requests for mathematical or mechanical
  684  corrections, or notification to the insurer by the office of its
  685  preliminary findings does shall not toll the 90-day period
  686  during any such proceedings and subsequent judicial review. The
  687  rate shall be deemed approved if the office does not issue an
  688  approval a notice of intent to approve or a notice of intent to
  689  disapprove within 90 days after receipt of the filing.
  690         2. If the filing is not made in accordance with the
  691  provisions of subparagraph 1., such filing must shall be made as
  692  soon as practicable, but within no later than 30 days after the
  693  effective date, and is shall be considered a “use and file”
  694  filing. An insurer making a “use and file” filing is potentially
  695  subject to an order by the office to return to policyholders
  696  those portions of rates found to be excessive, as provided in
  697  paragraph (h).
  698         3.For all property insurance filings made or submitted
  699  after January 25, 2007, but before December 31, 2010, an insurer
  700  seeking a rate that is greater than the rate most recently
  701  approved by the office shall make a “file and use” filing. For
  702  purposes of this subparagraph, motor vehicle collision and
  703  comprehensive coverages are not considered to be property
  704  coverages.
  705         (b) Upon receiving a rate filing, the office shall review
  706  the rate filing to determine if a rate is excessive, inadequate,
  707  or unfairly discriminatory. In making that determination, the
  708  office shall, in accordance with generally accepted and
  709  reasonable actuarial techniques, consider the following factors:
  710         1. Past and prospective loss experience within and without
  711  this state.
  712         2. Past and prospective expenses.
  713         3. The degree of competition among insurers for the risk
  714  insured.
  715         4. Investment income reasonably expected by the insurer,
  716  consistent with the insurer’s investment practices, from
  717  investable premiums anticipated in the filing, plus any other
  718  expected income from currently invested assets representing the
  719  amount expected on unearned premium reserves and loss reserves.
  720  The commission may adopt rules using reasonable techniques of
  721  actuarial science and economics to specify the manner in which
  722  insurers shall calculate investment income attributable to such
  723  classes of insurance written in this state and the manner in
  724  which such investment income is shall be used to calculate
  725  insurance rates. Such manner must shall contemplate allowances
  726  for an underwriting profit factor and full consideration of
  727  investment income which produce a reasonable rate of return;
  728  however, investment income from invested surplus may not be
  729  considered.
  730         5. The reasonableness of the judgment reflected in the
  731  filing.
  732         6. Dividends, savings, or unabsorbed premium deposits
  733  allowed or returned to Florida policyholders, members, or
  734  subscribers.
  735         7. The adequacy of loss reserves.
  736         8. The cost of reinsurance. The office may shall not
  737  disapprove a rate as excessive solely due to the insurer having
  738  obtained catastrophic reinsurance to cover the insurer’s
  739  estimated 250-year probable maximum loss or any lower level of
  740  loss.
  741         9. Trend factors, including trends in actual losses per
  742  insured unit for the insurer making the filing.
  743         10. Conflagration and catastrophe hazards, if applicable.
  744         11. Projected hurricane losses, if applicable, which must
  745  be estimated using a model or method found to be acceptable or
  746  reliable by the Florida Commission on Hurricane Loss Projection
  747  Methodology, and as further provided in s. 627.0628.
  748         12. A reasonable margin for underwriting profit and
  749  contingencies.
  750         13. The cost of medical services, if applicable.
  751         14. Other relevant factors that affect which impact upon
  752  the frequency or severity of claims or upon expenses.
  753         (c) In the case of fire insurance rates, consideration must
  754  shall be given to the availability of water supplies and the
  755  experience of the fire insurance business during a period of not
  756  less than the most recent 5-year period for which such
  757  experience is available.
  758         (d) If conflagration or catastrophe hazards are considered
  759  given consideration by an insurer in its rates or rating plan,
  760  including surcharges and discounts, the insurer shall establish
  761  a reserve for that portion of the premium allocated to such
  762  hazard and shall maintain the premium in a catastrophe reserve.
  763  Any Removal of such premiums from the reserve for purposes other
  764  than paying claims associated with a catastrophe or purchasing
  765  reinsurance for catastrophes must be approved by shall be
  766  subject to approval of the office. Any ceding commission
  767  received by an insurer purchasing reinsurance for catastrophes
  768  must shall be placed in the catastrophe reserve.
  769         (e) After consideration of the rate factors provided in
  770  paragraphs (b), (c), and (d), the office may find a rate may be
  771  found by the office to be excessive, inadequate, or unfairly
  772  discriminatory based upon the following standards:
  773         1. Rates shall be deemed excessive if they are likely to
  774  produce a profit from Florida business which that is
  775  unreasonably high in relation to the risk involved in the class
  776  of business or if expenses are unreasonably high in relation to
  777  services rendered.
  778         2. Rates shall be deemed excessive if, among other things,
  779  the rate structure established by a stock insurance company
  780  provides for replenishment of surpluses from premiums, if when
  781  the replenishment is attributable to investment losses.
  782         3. Rates shall be deemed inadequate if they are clearly
  783  insufficient, together with the investment income attributable
  784  to them, to sustain projected losses and expenses in the class
  785  of business to which they apply.
  786         4. A rating plan, including discounts, credits, or
  787  surcharges, shall be deemed unfairly discriminatory if it fails
  788  to clearly and equitably reflect consideration of the
  789  policyholder’s participation in a risk management program
  790  adopted pursuant to s. 627.0625.
  791         5. A rate shall be deemed inadequate as to the premium
  792  charged to a risk or group of risks if discounts or credits are
  793  allowed which exceed a reasonable reflection of expense savings
  794  and reasonably expected loss experience from the risk or group
  795  of risks.
  796         6. A rate shall be deemed unfairly discriminatory as to a
  797  risk or group of risks if the application of premium discounts,
  798  credits, or surcharges among such risks does not bear a
  799  reasonable relationship to the expected loss and expense
  800  experience among the various risks.
  801         (f) In reviewing a rate filing, the office may require the
  802  insurer to provide, at the insurer’s expense, all information
  803  necessary to evaluate the condition of the company and the
  804  reasonableness of the filing according to the criteria
  805  enumerated in this section.
  806         (g) The office may at any time review a rate, rating
  807  schedule, rating manual, or rate change; the pertinent records
  808  of the insurer; and market conditions. If the office finds on a
  809  preliminary basis that a rate may be excessive, inadequate, or
  810  unfairly discriminatory, the office shall initiate proceedings
  811  to disapprove the rate and shall so notify the insurer. However,
  812  the office may not disapprove as excessive any rate for which it
  813  has given final approval or which has been deemed approved for a
  814  period of 1 year after the effective date of the filing unless
  815  the office finds that a material misrepresentation or material
  816  error was made by the insurer or was contained in the filing.
  817  Upon being so notified, the insurer or rating organization
  818  shall, within 60 days, file with the office all information that
  819  which, in the belief of the insurer or organization, proves the
  820  reasonableness, adequacy, and fairness of the rate or rate
  821  change. The office shall issue an approval a notice of intent to
  822  approve or a notice of intent to disapprove pursuant to the
  823  procedures of paragraph (a) within 90 days after receipt of the
  824  insurer’s initial response. In such instances and in any
  825  administrative proceeding relating to the legality of the rate,
  826  the insurer or rating organization shall carry the burden of
  827  proof by a preponderance of the evidence to show that the rate
  828  is not excessive, inadequate, or unfairly discriminatory. After
  829  the office notifies an insurer that a rate may be excessive,
  830  inadequate, or unfairly discriminatory, unless the office
  831  withdraws the notification, the insurer may shall not alter the
  832  rate except to conform to with the office’s notice until the
  833  earlier of 120 days after the date the notification was provided
  834  or 180 days after the date of implementing the implementation of
  835  the rate. The office may, subject to chapter 120, may disapprove
  836  without the 60-day notification any rate increase filed by an
  837  insurer within the prohibited time period or during the time
  838  that the legality of the increased rate is being contested.
  839         (h) If In the event the office finds that a rate or rate
  840  change is excessive, inadequate, or unfairly discriminatory, the
  841  office shall issue an order of disapproval specifying that a new
  842  rate or rate schedule, which responds to the findings of the
  843  office, be filed by the insurer. The office shall further order,
  844  for any “use and file” filing made in accordance with
  845  subparagraph (a)2., that premiums charged each policyholder
  846  constituting the portion of the rate above that which was
  847  actuarially justified be returned to the such policyholder in
  848  the form of a credit or refund. If the office finds that an
  849  insurer’s rate or rate change is inadequate, the new rate or
  850  rate schedule filed with the office in response to such a
  851  finding is shall be applicable only to new or renewal business
  852  of the insurer written on or after the effective date of the
  853  responsive filing.
  854         (i) Except as otherwise specifically provided in this
  855  chapter, the office may shall not, directly or indirectly:
  856         1. Prohibit any insurer, including any residual market plan
  857  or joint underwriting association, from paying acquisition costs
  858  based on the full amount of premium, as defined in s. 627.403,
  859  applicable to any policy, or prohibit any such insurer from
  860  including the full amount of acquisition costs in a rate filing;
  861  or.
  862         2. Impede, abridge, or otherwise compromise an insurer’s
  863  right to acquire policyholders, advertise, or appoint agents,
  864  including the calculation, manner, or amount of such agent
  865  commissions, if any.
  866         (j) With respect to residential property insurance rate
  867  filings, the rate filing must account for mitigation measures
  868  undertaken by policyholders to reduce hurricane losses.
  869         (k)1. An insurer may make a separate filing limited solely
  870  to an adjustment of its rates for reinsurance or financing costs
  871  incurred in the purchase of reinsurance or financing products to
  872  replace or finance the payment of the amount covered by the
  873  Temporary Increase in Coverage Limits (TICL) portion of the
  874  Florida Hurricane Catastrophe Fund including replacement
  875  reinsurance for the TICL reductions made pursuant to s.
  876  215.555(17)(e); the actual cost paid due to the application of
  877  the TICL premium factor pursuant to s. 215.555(17)(f); and the
  878  actual cost paid due to the application of the cash build-up
  879  factor pursuant to s. 215.555(5)(b) if the insurer:
  880         a. Elects to purchase financing products such as a
  881  liquidity instrument or line of credit, in which case the cost
  882  included in the filing for the liquidity instrument or line of
  883  credit may not result in a premium increase exceeding 3 percent
  884  for any individual policyholder. All costs contained in the
  885  filing may not result in an overall premium increase of more
  886  than 10 percent for any individual policyholder.
  887         b. An insurer that makes a separate filing relating to
  888  reinsurance or financing products must include Includes in the
  889  filing a copy of all of its reinsurance, liquidity instrument,
  890  or line of credit contracts; proof of the billing or payment for
  891  the contracts; and the calculation upon which the proposed rate
  892  change is based demonstrating demonstrates that the costs meet
  893  the criteria of this section and are not loaded for expenses or
  894  profit for the insurer making the filing.
  895         c.Includes no other changes to its rates in the filing.
  896         d.Has not implemented a rate increase within the 6 months
  897  immediately preceding the filing.
  898         e.Does not file for a rate increase under any other
  899  paragraph within 6 months after making a filing under this
  900  paragraph.
  901         c.f.An insurer that purchases reinsurance or financing
  902  products from an affiliated company may make a separate filing
  903  in compliance with this paragraph does so only if the costs for
  904  such reinsurance or financing products are charged at or below
  905  charges made for comparable coverage by nonaffiliated reinsurers
  906  or financial entities making such coverage or financing products
  907  available in this state.
  908         2. An insurer may only make only one filing per in any 12
  909  month period under this paragraph.
  910         3. An insurer that elects to implement a rate change under
  911  this paragraph must file its rate filing with the office at
  912  least 45 days before the effective date of the rate change.
  913  After an insurer submits a complete filing that meets all of the
  914  requirements of this paragraph, the office has 45 days after the
  915  date of the filing to review the rate filing and determine if
  916  the rate is excessive, inadequate, or unfairly discriminatory.
  917  
  918  The provisions of this subsection do shall not apply to workers’
  919  compensation, and employer’s liability insurance, and to motor
  920  vehicle insurance.
  921         (3)(a) For individual risks that are not rated in
  922  accordance with the insurer’s rates, rating schedules, rating
  923  manuals, and underwriting rules filed with the office and that
  924  which have been submitted to the insurer for individual rating,
  925  the insurer must maintain documentation on each risk subject to
  926  individual risk rating. The documentation must identify the
  927  named insured and specify the characteristics and classification
  928  of the risk supporting the reason for the risk being
  929  individually risk rated, including any modifications to existing
  930  approved forms to be used on the risk. The insurer must maintain
  931  these records for a period of at least 5 years after the
  932  effective date of the policy.
  933         (b) Individual risk rates and modifications to existing
  934  approved forms are not subject to this part or part II, except
  935  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  936  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  937  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  938  627.4265, 627.427, and 627.428, but are subject to all other
  939  applicable provisions of this code and rules adopted thereunder.
  940         (c) This subsection does not apply to private passenger
  941  motor vehicle insurance.
  942         (d)1. The following categories or kinds of insurance and
  943  types of commercial lines risks are not subject to paragraph
  944  (2)(a) or paragraph (2)(f):
  945         a. Excess or umbrella.
  946         b. Surety and fidelity.
  947         c. Boiler and machinery and leakage and fire extinguishing
  948  equipment.
  949         d. Errors and omissions.
  950         e. Directors and officers, employment practices, and
  951  management liability.
  952         f. Intellectual property and patent infringement liability.
  953         g. Advertising injury and Internet liability insurance.
  954         h. Property risks rated under a highly protected risks
  955  rating plan.
  956         i. Any other commercial lines categories or kinds of
  957  insurance or types of commercial lines risks that the office
  958  determines should not be subject to paragraph (2)(a) or
  959  paragraph (2)(f) because of the existence of a competitive
  960  market for such insurance, similarity of such insurance to other
  961  categories or kinds of insurance not subject to paragraph (2)(a)
  962  or paragraph (2)(f), or to improve the general operational
  963  efficiency of the office.
  964         2. Insurers or rating organizations shall establish and use
  965  rates, rating schedules, or rating manuals to allow the insurer
  966  a reasonable rate of return on insurance and risks described in
  967  subparagraph 1. which are written in this state.
  968         3. An insurer must notify the office of any changes to
  969  rates for insurance and risks described in subparagraph 1.
  970  within no later than 30 days after the effective date of the
  971  change. The notice must include the name of the insurer, the
  972  type or kind of insurance subject to rate change, total premium
  973  written during the immediately preceding year by the insurer for
  974  the type or kind of insurance subject to the rate change, and
  975  the average statewide percentage change in rates. Underwriting
  976  files, premiums, losses, and expense statistics with regard to
  977  such insurance and risks described in subparagraph 1. written by
  978  an insurer must shall be maintained by the insurer and subject
  979  to examination by the office. Upon examination, the office
  980  shall, in accordance with generally accepted and reasonable
  981  actuarial techniques, shall consider the rate factors in
  982  paragraphs (2)(b), (c), and (d) and the standards in paragraph
  983  (2)(e) to determine if the rate is excessive, inadequate, or
  984  unfairly discriminatory.
  985         4. A rating organization must notify the office of any
  986  changes to loss cost for insurance and risks described in
  987  subparagraph 1. within no later than 30 days after the effective
  988  date of the change. The notice must include the name of the
  989  rating organization, the type or kind of insurance subject to a
  990  loss cost change, loss costs during the immediately preceding
  991  year for the type or kind of insurance subject to the loss cost
  992  change, and the average statewide percentage change in loss
  993  cost. Loss and exposure statistics with regard to risks
  994  applicable to loss costs for a rating organization not subject
  995  to paragraph (2)(a) or paragraph (2)(f) must shall be maintained
  996  by the rating organization and are subject to examination by the
  997  office. Upon examination, the office shall, in accordance with
  998  generally accepted and reasonable actuarial techniques, shall
  999  consider the rate factors in paragraphs (2)(b)-(d) and the
 1000  standards in paragraph (2)(e) to determine if the rate is
 1001  excessive, inadequate, or unfairly discriminatory.
 1002         5. In reviewing a rate, the office may require the insurer
 1003  to provide, at the insurer’s expense, all information necessary
 1004  to evaluate the condition of the company and the reasonableness
 1005  of the rate according to the applicable criteria described in
 1006  this section.
 1007         (4) The establishment of any rate, rating classification,
 1008  rating plan or schedule, or variation thereof in violation of
 1009  part IX of chapter 626 is also in violation of this section. In
 1010  order to enhance the ability of consumers to compare premiums
 1011  and to increase the accuracy and usefulness of rate-comparison
 1012  information provided by the office to the public, the office
 1013  shall develop a proposed standard rating territory plan to be
 1014  used by all authorized property and casualty insurers for
 1015  residential property insurance. In adopting the proposed plan,
 1016  the office may consider geographical characteristics relevant to
 1017  risk, county lines, major roadways, existing rating territories
 1018  used by a significant segment of the market, and other relevant
 1019  factors. Such plan shall be submitted to the President of the
 1020  Senate and the Speaker of the House of Representatives by
 1021  January 15, 2006. The plan may not be implemented unless
 1022  authorized by further act of the Legislature.
 1023         (5) With respect to a rate filing involving coverage of the
 1024  type for which the insurer is required to pay a reimbursement
 1025  premium to the Florida Hurricane Catastrophe Fund, the insurer
 1026  may fully recoup in its property insurance premiums any
 1027  reimbursement premiums paid to the Florida Hurricane Catastrophe
 1028  fund, together with reasonable costs of other reinsurance;
 1029  however, but except as otherwise provided in this section, the
 1030  insurer may not recoup reinsurance costs that duplicate coverage
 1031  provided by the Florida Hurricane Catastrophe fund. An insurer
 1032  may not recoup more than 1 year of reimbursement premium at a
 1033  time. Any under-recoupment from the prior year may be added to
 1034  the following year’s reimbursement premium, and any over
 1035  recoupment must shall be subtracted from the following year’s
 1036  reimbursement premium.
 1037         (6)(a) If an insurer requests an administrative hearing
 1038  pursuant to s. 120.57 related to a rate filing under this
 1039  section, the director of the Division of Administrative Hearings
 1040  shall expedite the hearing and assign an administrative law
 1041  judge who shall commence the hearing within 30 days after the
 1042  receipt of the formal request and shall enter a recommended
 1043  order within 30 days after the hearing or within 30 days after
 1044  receipt of the hearing transcript by the administrative law
 1045  judge, whichever is later. Each party shall have be allowed 10
 1046  days in which to submit written exceptions to the recommended
 1047  order. The office shall enter a final order within 30 days after
 1048  the entry of the recommended order. The provisions of this
 1049  paragraph may be waived upon stipulation of all parties.
 1050         (b) Upon entry of a final order, the insurer may request a
 1051  expedited appellate review pursuant to the Florida Rules of
 1052  Appellate Procedure. It is the intent of the Legislature that
 1053  the First District Court of Appeal grant an insurer’s request
 1054  for an expedited appellate review.
 1055         (7)(a) The provisions of this subsection apply only with
 1056  respect to rates for medical malpractice insurance and shall
 1057  control to the extent of any conflict with other provisions of
 1058  this section.
 1059         (a)(b) Any portion of a judgment entered or settlement paid
 1060  as a result of a statutory or common-law bad faith action and
 1061  any portion of a judgment entered which awards punitive damages
 1062  against an insurer may not be included in the insurer’s rate
 1063  base, and shall not be used to justify a rate or rate change.
 1064  Any common-law bad faith action identified as such, any portion
 1065  of a settlement entered as a result of a statutory or common-law
 1066  action, or any portion of a settlement wherein an insurer agrees
 1067  to pay specific punitive damages may not be used to justify a
 1068  rate or rate change. The portion of the taxable costs and
 1069  attorney’s fees which is identified as being related to the bad
 1070  faith and punitive damages in these judgments and settlements
 1071  may not be included in the insurer’s rate base and used may not
 1072  be utilized to justify a rate or rate change.
 1073         (b)(c) Upon reviewing a rate filing and determining whether
 1074  the rate is excessive, inadequate, or unfairly discriminatory,
 1075  the office shall consider, in accordance with generally accepted
 1076  and reasonable actuarial techniques, past and present
 1077  prospective loss experience, either using loss experience solely
 1078  for this state or giving greater credibility to this state’s
 1079  loss data after applying actuarially sound methods of assigning
 1080  credibility to such data.
 1081         (c)(d) Rates shall be deemed excessive if, among other
 1082  standards established by this section, the rate structure
 1083  provides for replenishment of reserves or surpluses from
 1084  premiums when the replenishment is attributable to investment
 1085  losses.
 1086         (d)(e) The insurer must apply a discount or surcharge based
 1087  on the health care provider’s loss experience or shall establish
 1088  an alternative method giving due consideration to the provider’s
 1089  loss experience. The insurer must include in the filing a copy
 1090  of the surcharge or discount schedule or a description of the
 1091  alternative method used, and must provide a copy of such
 1092  schedule or description, as approved by the office, to
 1093  policyholders at the time of renewal and to prospective
 1094  policyholders at the time of application for coverage.
 1095         (e)(f) Each medical malpractice insurer must make a rate
 1096  filing under this section, sworn to by at least two executive
 1097  officers of the insurer, at least once each calendar year.
 1098         (8)(a)1.No later than 60 days after the effective date of
 1099  medical malpractice legislation enacted during the 2003 Special
 1100  Session D of the Florida Legislature, the office shall calculate
 1101  a presumed factor that reflects the impact that the changes
 1102  contained in such legislation will have on rates for medical
 1103  malpractice insurance and shall issue a notice informing all
 1104  insurers writing medical malpractice coverage of such presumed
 1105  factor. In determining the presumed factor, the office shall use
 1106  generally accepted actuarial techniques and standards provided
 1107  in this section in determining the expected impact on losses,
 1108  expenses, and investment income of the insurer. To the extent
 1109  that the operation of a provision of medical malpractice
 1110  legislation enacted during the 2003 Special Session D of the
 1111  Florida Legislature is stayed pending a constitutional
 1112  challenge, the impact of that provision shall not be included in
 1113  the calculation of a presumed factor under this subparagraph.
 1114         2.No later than 60 days after the office issues its notice
 1115  of the presumed rate change factor under subparagraph 1., each
 1116  insurer writing medical malpractice coverage in this state shall
 1117  submit to the office a rate filing for medical malpractice
 1118  insurance, which will take effect no later than January 1, 2004,
 1119  and apply retroactively to policies issued or renewed on or
 1120  after the effective date of medical malpractice legislation
 1121  enacted during the 2003 Special Session D of the Florida
 1122  Legislature. Except as authorized under paragraph (b), the
 1123  filing shall reflect an overall rate reduction at least as great
 1124  as the presumed factor determined under subparagraph 1. With
 1125  respect to policies issued on or after the effective date of
 1126  such legislation and prior to the effective date of the rate
 1127  filing required by this subsection, the office shall order the
 1128  insurer to make a refund of the amount that was charged in
 1129  excess of the rate that is approved.
 1130         (b)Any insurer or rating organization that contends that
 1131  the rate provided for in paragraph (a) is excessive, inadequate,
 1132  or unfairly discriminatory shall separately state in its filing
 1133  the rate it contends is appropriate and shall state with
 1134  specificity the factors or data that it contends should be
 1135  considered in order to produce such appropriate rate. The
 1136  insurer or rating organization shall be permitted to use all of
 1137  the generally accepted actuarial techniques provided in this
 1138  section in making any filing pursuant to this subsection. The
 1139  office shall review each such exception and approve or
 1140  disapprove it prior to use. It shall be the insurer’s burden to
 1141  actuarially justify any deviations from the rates required to be
 1142  filed under paragraph (a). The insurer making a filing under
 1143  this paragraph shall include in the filing the expected impact
 1144  of medical malpractice legislation enacted during the 2003
 1145  Special Session D of the Florida Legislature on losses,
 1146  expenses, and rates.
 1147         (c)If any provision of medical malpractice legislation
 1148  enacted during the 2003 Special Session D of the Florida
 1149  Legislature is held invalid by a court of competent
 1150  jurisdiction, the office shall permit an adjustment of all
 1151  medical malpractice rates filed under this section to reflect
 1152  the impact of such holding on such rates so as to ensure that
 1153  the rates are not excessive, inadequate, or unfairly
 1154  discriminatory.
 1155         (d)Rates approved on or before July 1, 2003, for medical
 1156  malpractice insurance shall remain in effect until the effective
 1157  date of a new rate filing approved under this subsection.
 1158         (e)The calculation and notice by the office of the
 1159  presumed factor pursuant to paragraph (a) is not an order or
 1160  rule that is subject to chapter 120. If the office enters into a
 1161  contract with an independent consultant to assist the office in
 1162  calculating the presumed factor, such contract shall not be
 1163  subject to the competitive solicitation requirements of s.
 1164  287.057.
 1165         (8)(9)(a) The chief executive officer or chief financial
 1166  officer of a property insurer and the chief actuary of a
 1167  property insurer must certify under oath and subject to the
 1168  penalty of perjury, on a form approved by the commission, the
 1169  following information, which must accompany a rate filing:
 1170         1. The signing officer and actuary have reviewed the rate
 1171  filing;
 1172         2. Based on the signing officer’s and actuary’s knowledge,
 1173  the rate filing does not contain any untrue statement of a
 1174  material fact or omit to state a material fact necessary in
 1175  order to make the statements made, in light of the circumstances
 1176  under which such statements were made, not misleading;
 1177         3. Based on the signing officer’s and actuary’s knowledge,
 1178  the information and other factors described in paragraph (2)(b),
 1179  including, but not limited to, investment income, fairly present
 1180  in all material respects the basis of the rate filing for the
 1181  periods presented in the filing; and
 1182         4. Based on the signing officer’s and actuary’s knowledge,
 1183  the rate filing reflects all premium savings that are reasonably
 1184  expected to result from legislative enactments and are in
 1185  accordance with generally accepted and reasonable actuarial
 1186  techniques.
 1187         (b) A signing officer or actuary who knowingly makes making
 1188  a false certification under this subsection commits a violation
 1189  of s. 626.9541(1)(e) and is subject to the penalties under s.
 1190  626.9521.
 1191         (c) Failure to provide such certification by the officer
 1192  and actuary shall result in the rate filing being disapproved
 1193  without prejudice to be refiled.
 1194         (d) A certification made pursuant to paragraph (a) is not
 1195  rendered false if, after making the subject rate filing, the
 1196  insurer provides the office with additional or supplementary
 1197  information pursuant to a formal or informal request from the
 1198  office.
 1199         (e)(d) The commission may adopt rules and forms pursuant to
 1200  ss. 120.536(1) and 120.54 to administer this subsection.
 1201         (9)(10) The burden is on the office to establish that rates
 1202  are excessive for personal lines residential coverage with a
 1203  dwelling replacement cost of $1 million or more or for a single
 1204  condominium unit with a combined dwelling and contents
 1205  replacement cost of $1 million or more. Upon request of the
 1206  office, the insurer shall provide to the office such loss and
 1207  expense information as the office reasonably needs to meet this
 1208  burden.
 1209         (10)(11) Any interest paid pursuant to s. 627.70131(5) may
 1210  not be included in the insurer’s rate base and may not be used
 1211  to justify a rate or rate change.
 1212         Section 11. Subsections (1) and (5) and paragraph (b) of
 1213  subsection (8) of section 627.0629, Florida Statutes, are
 1214  amended to read:
 1215         627.0629 Residential property insurance; rate filings.—
 1216         (1)(a) It is the intent of the Legislature that insurers
 1217  must provide the most accurate pricing signals available in
 1218  order savings to encourage consumers to who install or implement
 1219  windstorm damage mitigation techniques, alterations, or
 1220  solutions to their properties to prevent windstorm losses. It is
 1221  also the intent of the Legislature that implementation of
 1222  mitigation discounts not result in a loss of income to the
 1223  insurers granting the discounts, so that the aggregate of such
 1224  discounts not exceed the aggregate of the expected reduction in
 1225  loss attributable to the mitigation efforts for which discounts
 1226  are granted. A rate filing for residential property insurance
 1227  must include actuarially reasonable discounts, credits, debits,
 1228  or other rate differentials, or appropriate reductions in
 1229  deductibles, which provide the proper pricing for all
 1230  properties. The rate filing must take into account the presence
 1231  or absence of on which fixtures or construction techniques
 1232  demonstrated to reduce the amount of loss in a windstorm which
 1233  have been installed or implemented. The fixtures or construction
 1234  techniques must shall include, but not be limited to, fixtures
 1235  or construction techniques that which enhance roof strength,
 1236  roof covering performance, roof-to-wall strength, wall-to-floor
 1237  to-foundation strength, opening protection, and window, door,
 1238  and skylight strength. Credits, debits, discounts, or other rate
 1239  differentials, or appropriate reductions or increases in
 1240  deductibles, which recognize the presence or absence of for
 1241  fixtures and construction techniques that which meet the minimum
 1242  requirements of the Florida Building Code must be included in
 1243  the rate filing. If an insurer demonstrates that the aggregate
 1244  of its mitigation discounts results in a reduction to revenue
 1245  which exceeds the reduction of the aggregate loss that is
 1246  expected to result from the mitigation, the insurer may recover
 1247  the lost revenue through an increase in its base rates. All
 1248  insurance companies must make a rate filing which includes the
 1249  credits, discounts, or other rate differentials or reductions in
 1250  deductibles by February 28, 2003. By July 1, 2007, the office
 1251  shall reevaluate the discounts, credits, other rate
 1252  differentials, and appropriate reductions in deductibles for
 1253  fixtures and construction techniques that meet the minimum
 1254  requirements of the Florida Building Code, based upon actual
 1255  experience or any other loss relativity studies available to the
 1256  office. The office shall determine the discounts, credits,
 1257  debits, other rate differentials, and appropriate reductions or
 1258  increases in deductibles that reflect the full actuarial value
 1259  of such revaluation, which may be used by insurers in rate
 1260  filings.
 1261         (b) By February 1, 2011, the Office of Insurance
 1262  Regulation, in consultation with the Department of Financial
 1263  Services and the Department of Community Affairs, shall develop
 1264  and make publicly available a proposed method for insurers to
 1265  establish discounts, credits, or other rate differentials for
 1266  hurricane mitigation measures which directly correlate to the
 1267  numerical rating assigned to a structure pursuant to the uniform
 1268  home grading scale adopted by the Financial Services Commission
 1269  pursuant to s. 215.55865, including any proposed changes to the
 1270  uniform home grading scale. By October 1, 2011, the commission
 1271  shall adopt rules requiring insurers to make rate filings for
 1272  residential property insurance which revise insurers’ discounts,
 1273  credits, or other rate differentials for hurricane mitigation
 1274  measures so that such rate differentials correlate directly to
 1275  the uniform home grading scale. The rules may include such
 1276  changes to the uniform home grading scale as the commission
 1277  determines are necessary, and may specify the minimum required
 1278  discounts, credits, or other rate differentials. Such rate
 1279  differentials must be consistent with generally accepted
 1280  actuarial principles and wind-loss mitigation studies. The rules
 1281  shall allow a period of at least 2 years after the effective
 1282  date of the revised mitigation discounts, credits, or other rate
 1283  differentials for a property owner to obtain an inspection or
 1284  otherwise qualify for the revised credit, during which time the
 1285  insurer shall continue to apply the mitigation credit that was
 1286  applied immediately prior to the effective date of the revised
 1287  credit. Discounts, credits, and other rate differentials
 1288  established for rate filings under this paragraph shall
 1289  supersede, after adoption, the discounts, credits, and other
 1290  rate differentials included in rate filings under paragraph (a).
 1291         (5) In order to provide an appropriate transition period,
 1292  an insurer may, in its sole discretion, implement an approved
 1293  rate filing for residential property insurance over a period of
 1294  years. Such An insurer electing to phase in its rate filing must
 1295  provide an informational notice to the office setting out its
 1296  schedule for implementation of the phased-in rate filing. The An
 1297  insurer may include in its rate the actual cost of private
 1298  market reinsurance that corresponds to available coverage of the
 1299  Temporary Increase in Coverage Limits, TICL, from the Florida
 1300  Hurricane Catastrophe Fund. The insurer may also include the
 1301  cost of reinsurance to replace the TICL reduction implemented
 1302  pursuant to s. 215.555(17)(d)9. However, this cost for
 1303  reinsurance may not include any expense or profit load or result
 1304  in a total annual base rate increase in excess of 10 percent.
 1305         (8) EVALUATION OF RESIDENTIAL PROPERTY STRUCTURAL
 1306  SOUNDNESS.—
 1307         (b) To the extent that funds are provided for this purpose
 1308  in the General Appropriations Act, the Legislature hereby
 1309  authorizes the establishment of a program to be administered by
 1310  the Citizens Property Insurance Corporation for homeowners
 1311  insured in the coastal high-risk account is authorized.
 1312         Section 12. Paragraphs (b), (c), (d), (v), and (y) of
 1313  subsection (6) of section 627.351, Florida Statutes, are amended
 1314  to read:
 1315         627.351 Insurance risk apportionment plans.—
 1316         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1317         (b)1. All insurers authorized to write one or more subject
 1318  lines of business in this state are subject to assessment by the
 1319  corporation and, for the purposes of this subsection, are
 1320  referred to collectively as “assessable insurers.” Insurers
 1321  writing one or more subject lines of business in this state
 1322  pursuant to part VIII of chapter 626 are not assessable
 1323  insurers, but insureds who procure one or more subject lines of
 1324  business in this state pursuant to part VIII of chapter 626 are
 1325  subject to assessment by the corporation and are referred to
 1326  collectively as “assessable insureds.” An authorized insurer’s
 1327  assessment liability begins shall begin on the first day of the
 1328  calendar year following the year in which the insurer was issued
 1329  a certificate of authority to transact insurance for subject
 1330  lines of business in this state and terminates shall terminate 1
 1331  year after the end of the first calendar year during which the
 1332  insurer no longer holds a certificate of authority to transact
 1333  insurance for subject lines of business in this state.
 1334         2.a. All revenues, assets, liabilities, losses, and
 1335  expenses of the corporation shall be divided into three separate
 1336  accounts as follows:
 1337         (I) A personal lines account for personal residential
 1338  policies issued by the corporation, or issued by the Residential
 1339  Property and Casualty Joint Underwriting Association and renewed
 1340  by the corporation, which provides that provide comprehensive,
 1341  multiperil coverage on risks that are not located in areas
 1342  eligible for coverage by in the Florida Windstorm Underwriting
 1343  Association as those areas were defined on January 1, 2002, and
 1344  for such policies that do not provide coverage for the peril of
 1345  wind on risks that are located in such areas;
 1346         (II) A commercial lines account for commercial residential
 1347  and commercial nonresidential policies issued by the
 1348  corporation, or issued by the Residential Property and Casualty
 1349  Joint Underwriting Association and renewed by the corporation,
 1350  which provides that provide coverage for basic property perils
 1351  on risks that are not located in areas eligible for coverage by
 1352  in the Florida Windstorm Underwriting Association as those areas
 1353  were defined on January 1, 2002, and for such policies that do
 1354  not provide coverage for the peril of wind on risks that are
 1355  located in such areas; and
 1356         (III) A coastal high-risk account for personal residential
 1357  policies and commercial residential and commercial
 1358  nonresidential property policies issued by the corporation, or
 1359  transferred to the corporation, which provides that provide
 1360  coverage for the peril of wind on risks that are located in
 1361  areas eligible for coverage by in the Florida Windstorm
 1362  Underwriting Association as those areas were defined on January
 1363  1, 2002. The corporation may offer policies that provide
 1364  multiperil coverage and the corporation shall continue to offer
 1365  policies that provide coverage only for the peril of wind for
 1366  risks located in areas eligible for coverage in the coastal
 1367  high-risk account. In issuing multiperil coverage, the
 1368  corporation may use its approved policy forms and rates for the
 1369  personal lines account. An applicant or insured who is eligible
 1370  to purchase a multiperil policy from the corporation may
 1371  purchase a multiperil policy from an authorized insurer without
 1372  prejudice to the applicant’s or insured’s eligibility to
 1373  prospectively purchase a policy that provides coverage only for
 1374  the peril of wind from the corporation. An applicant or insured
 1375  who is eligible for a corporation policy that provides coverage
 1376  only for the peril of wind may elect to purchase or retain such
 1377  policy and also purchase or retain coverage excluding wind from
 1378  an authorized insurer without prejudice to the applicant’s or
 1379  insured’s eligibility to prospectively purchase a policy that
 1380  provides multiperil coverage from the corporation. It is the
 1381  goal of the Legislature that there would be an overall average
 1382  savings of 10 percent or more for a policyholder who currently
 1383  has a wind-only policy with the corporation, and an ex-wind
 1384  policy with a voluntary insurer or the corporation, and who then
 1385  obtains a multiperil policy from the corporation. It is the
 1386  intent of the Legislature that the offer of multiperil coverage
 1387  in the coastal high-risk account be made and implemented in a
 1388  manner that does not adversely affect the tax-exempt status of
 1389  the corporation or creditworthiness of or security for currently
 1390  outstanding financing obligations or credit facilities of the
 1391  coastal high-risk account, the personal lines account, or the
 1392  commercial lines account. The coastal high-risk account must
 1393  also include quota share primary insurance under subparagraph
 1394  (c)2. The area eligible for coverage under the coastal high-risk
 1395  account also includes the area within Port Canaveral, which is
 1396  bordered on the south by the City of Cape Canaveral, bordered on
 1397  the west by the Banana River, and bordered on the north by
 1398  Federal Government property.
 1399         b. The three separate accounts must be maintained as long
 1400  as financing obligations entered into by the Florida Windstorm
 1401  Underwriting Association or Residential Property and Casualty
 1402  Joint Underwriting Association are outstanding, in accordance
 1403  with the terms of the corresponding financing documents. If When
 1404  the financing obligations are no longer outstanding, in
 1405  accordance with the terms of the corresponding financing
 1406  documents, the corporation may use a single account for all
 1407  revenues, assets, liabilities, losses, and expenses of the
 1408  corporation. Consistent with the requirement of this
 1409  subparagraph and prudent investment policies that minimize the
 1410  cost of carrying debt, the board shall exercise its best efforts
 1411  to retire existing debt or to obtain the approval of necessary
 1412  parties to amend the terms of existing debt, so as to structure
 1413  the most efficient plan to consolidate the three separate
 1414  accounts into a single account.
 1415         c. Creditors of the Residential Property and Casualty Joint
 1416  Underwriting Association and of the accounts specified in sub
 1417  sub-subparagraphs a.(I) and (II) may have a claim against, and
 1418  recourse to, those the accounts referred to in sub-sub
 1419  subparagraphs a.(I) and (II) and shall have no claim against, or
 1420  recourse to, the account referred to in sub-sub-subparagraph
 1421  a.(III). Creditors of the Florida Windstorm Underwriting
 1422  Association shall have a claim against, and recourse to, the
 1423  account referred to in sub-sub-subparagraph a.(III) and shall
 1424  have no claim against, or recourse to, the accounts referred to
 1425  in sub-sub-subparagraphs a.(I) and (II).
 1426         d. Revenues, assets, liabilities, losses, and expenses not
 1427  attributable to particular accounts shall be prorated among the
 1428  accounts.
 1429         e. The Legislature finds that the revenues of the
 1430  corporation are revenues that are necessary to meet the
 1431  requirements set forth in documents authorizing the issuance of
 1432  bonds under this subsection.
 1433         f. No part of the income of the corporation may inure to
 1434  the benefit of any private person.
 1435         3. With respect to a deficit in an account:
 1436         a. After accounting for the Citizens policyholder surcharge
 1437  imposed under sub-subparagraph h. i., if when the remaining
 1438  projected deficit incurred in a particular calendar year:
 1439         (I) Is not greater than 6 percent of the aggregate
 1440  statewide direct written premium for the subject lines of
 1441  business for the prior calendar year, the entire deficit shall
 1442  be recovered through regular assessments of assessable insurers
 1443  under paragraph (q) and assessable insureds.
 1444         (II)b.After accounting for the Citizens policyholder
 1445  surcharge imposed under sub-subparagraph i., when the remaining
 1446  projected deficit incurred in a particular calendar year Exceeds
 1447  6 percent of the aggregate statewide direct written premium for
 1448  the subject lines of business for the prior calendar year, the
 1449  corporation shall levy regular assessments on assessable
 1450  insurers under paragraph (q) and on assessable insureds in an
 1451  amount equal to the greater of 6 percent of the deficit or 6
 1452  percent of the aggregate statewide direct written premium for
 1453  the subject lines of business for the prior calendar year. Any
 1454  remaining deficit shall be recovered through emergency
 1455  assessments under sub-subparagraph c. d.
 1456         b.c. Each assessable insurer’s share of the amount being
 1457  assessed under sub-subparagraph a. must or sub-subparagraph b.
 1458  shall be in the proportion that the assessable insurer’s direct
 1459  written premium for the subject lines of business for the year
 1460  preceding the assessment bears to the aggregate statewide direct
 1461  written premium for the subject lines of business for that year.
 1462  The applicable assessment percentage applicable to each
 1463  assessable insured is the ratio of the amount being assessed
 1464  under sub-subparagraph a. or sub-subparagraph b. to the
 1465  aggregate statewide direct written premium for the subject lines
 1466  of business for the prior year. Assessments levied by the
 1467  corporation on assessable insurers under sub-subparagraphs a.
 1468  and b. must shall be paid as required by the corporation’s plan
 1469  of operation and paragraph (q),. Assessments levied by the
 1470  corporation on assessable insureds under sub-subparagraphs a.
 1471  and b. shall be collected by the surplus lines agent at the time
 1472  the surplus lines agent collects the surplus lines tax required
 1473  by s. 626.932, and shall be paid to the Florida Surplus Lines
 1474  Service Office at the time the surplus lines agent pays the
 1475  surplus lines tax to that the Florida Surplus Lines Service
 1476  office. Upon receipt of regular assessments from surplus lines
 1477  agents, the Florida Surplus Lines Service Office shall transfer
 1478  the assessments directly to the corporation as determined by the
 1479  corporation.
 1480         c.d. Upon a determination by the board of governors that a
 1481  deficit in an account exceeds the amount that will be recovered
 1482  through regular assessments under sub-subparagraph a. or sub
 1483  subparagraph b., plus the amount that is expected to be
 1484  recovered through surcharges under sub-subparagraph h. i., as to
 1485  the remaining projected deficit the board shall levy, after
 1486  verification by the office, shall levy emergency assessments,
 1487  for as many years as necessary to cover the deficits, to be
 1488  collected by assessable insurers and the corporation and
 1489  collected from assessable insureds upon issuance or renewal of
 1490  policies for subject lines of business, excluding National Flood
 1491  Insurance policies. The amount of the emergency assessment
 1492  collected in a particular year must shall be a uniform
 1493  percentage of that year’s direct written premium for subject
 1494  lines of business and all accounts of the corporation, excluding
 1495  National Flood Insurance Program policy premiums, as annually
 1496  determined by the board and verified by the office. The office
 1497  shall verify the arithmetic calculations involved in the board’s
 1498  determination within 30 days after receipt of the information on
 1499  which the determination was based. Notwithstanding any other
 1500  provision of law, the corporation and each assessable insurer
 1501  that writes subject lines of business shall collect emergency
 1502  assessments from its policyholders without such obligation being
 1503  affected by any credit, limitation, exemption, or deferment.
 1504  Emergency assessments levied by the corporation on assessable
 1505  insureds shall be collected by the surplus lines agent at the
 1506  time the surplus lines agent collects the surplus lines tax
 1507  required by s. 626.932 and shall be paid to the Florida Surplus
 1508  Lines Service Office at the time the surplus lines agent pays
 1509  the surplus lines tax to that the Florida Surplus Lines Service
 1510  office. The emergency assessments so collected shall be
 1511  transferred directly to the corporation on a periodic basis as
 1512  determined by the corporation and shall be held by the
 1513  corporation solely in the applicable account. The aggregate
 1514  amount of emergency assessments levied for an account under this
 1515  sub-subparagraph in any calendar year may, at the discretion of
 1516  the board of governors, be less than but may not exceed the
 1517  greater of 10 percent of the amount needed to cover the deficit,
 1518  plus interest, fees, commissions, required reserves, and other
 1519  costs associated with financing of the original deficit, or 10
 1520  percent of the aggregate statewide direct written premium for
 1521  subject lines of business and for all accounts of the
 1522  corporation for the prior year, plus interest, fees,
 1523  commissions, required reserves, and other costs associated with
 1524  financing the deficit.
 1525         d.e. The corporation may pledge the proceeds of
 1526  assessments, projected recoveries from the Florida Hurricane
 1527  Catastrophe Fund, other insurance and reinsurance recoverables,
 1528  policyholder surcharges and other surcharges, and other funds
 1529  available to the corporation as the source of revenue for and to
 1530  secure bonds issued under paragraph (q), bonds or other
 1531  indebtedness issued under subparagraph (c)3., or lines of credit
 1532  or other financing mechanisms issued or created under this
 1533  subsection, or to retire any other debt incurred as a result of
 1534  deficits or events giving rise to deficits, or in any other way
 1535  that the board determines will efficiently recover such
 1536  deficits. The purpose of the lines of credit or other financing
 1537  mechanisms is to provide additional resources to assist the
 1538  corporation in covering claims and expenses attributable to a
 1539  catastrophe. As used in this subsection, the term “assessments”
 1540  includes regular assessments under sub-subparagraph a., sub
 1541  subparagraph b., or subparagraph (q)1. and emergency assessments
 1542  under sub-subparagraph d. Emergency assessments collected under
 1543  sub-subparagraph d. are not part of an insurer’s rates, are not
 1544  premium, and are not subject to premium tax, fees, or
 1545  commissions; however, failure to pay the emergency assessment
 1546  shall be treated as failure to pay premium. The emergency
 1547  assessments under sub-subparagraph c. d. shall continue as long
 1548  as any bonds issued or other indebtedness incurred with respect
 1549  to a deficit for which the assessment was imposed remain
 1550  outstanding, unless adequate provision has been made for the
 1551  payment of such bonds or other indebtedness pursuant to the
 1552  documents governing such bonds or other indebtedness.
 1553         e.f. As used in this subsection for purposes of any deficit
 1554  incurred on or after January 25, 2007, the term “subject lines
 1555  of business” means insurance written by assessable insurers or
 1556  procured by assessable insureds for all property and casualty
 1557  lines of business in this state, but not including workers’
 1558  compensation or medical malpractice. As used in this the sub
 1559  subparagraph, the term “property and casualty lines of business”
 1560  includes all lines of business identified on Form 2, Exhibit of
 1561  Premiums and Losses, in the annual statement required of
 1562  authorized insurers under by s. 624.424 and any rule adopted
 1563  under this section, except for those lines identified as
 1564  accident and health insurance and except for policies written
 1565  under the National Flood Insurance Program or the Federal Crop
 1566  Insurance Program. For purposes of this sub-subparagraph, the
 1567  term “workers’ compensation” includes both workers’ compensation
 1568  insurance and excess workers’ compensation insurance.
 1569         f.g. The Florida Surplus Lines Service Office shall
 1570  determine annually the aggregate statewide written premium in
 1571  subject lines of business procured by assessable insureds and
 1572  shall report that information to the corporation in a form and
 1573  at a time the corporation specifies to ensure that the
 1574  corporation can meet the requirements of this subsection and the
 1575  corporation’s financing obligations.
 1576         g.h. The Florida Surplus Lines Service Office shall verify
 1577  the proper application by surplus lines agents of assessment
 1578  percentages for regular assessments and emergency assessments
 1579  levied under this subparagraph on assessable insureds and shall
 1580  assist the corporation in ensuring the accurate, timely
 1581  collection and payment of assessments by surplus lines agents as
 1582  required by the corporation.
 1583         h.i. If a deficit is incurred in any account in 2008 or
 1584  thereafter, the board of governors shall levy a Citizens
 1585  policyholder surcharge against all policyholders of the
 1586  corporation. for a 12-month period, which
 1587         (I) The surcharge shall be levied collected at the time of
 1588  issuance or renewal of a policy, as a uniform percentage of the
 1589  premium for the policy of up to 15 percent of such premium,
 1590  which funds shall be used to offset the deficit.
 1591         (II) The surcharge is payable upon cancellation or
 1592  termination of the policy, upon renewal of the policy, or upon
 1593  issuance of a new policy by the corporation within the first 12
 1594  months after the date of the levy or the period of time
 1595  necessary to fully collect the surcharge amount.
 1596         (III) The corporation may not levy any regular assessments
 1597  under paragraph (q) pursuant to sub-subparagraph a. or sub
 1598  subparagraph b. with respect to a particular year’s deficit
 1599  until the corporation has first levied the full amount of the
 1600  surcharge authorized by this sub-subparagraph.
 1601         (IV) The surcharge is Citizens policyholder surcharges
 1602  under this sub-subparagraph are not considered premium and is
 1603  are not subject to commissions, fees, or premium taxes. However,
 1604  failure to pay the surcharge such surcharges shall be treated as
 1605  failure to pay premium.
 1606         i.j. If the amount of any assessments or surcharges
 1607  collected from corporation policyholders, assessable insurers or
 1608  their policyholders, or assessable insureds exceeds the amount
 1609  of the deficits, such excess amounts shall be remitted to and
 1610  retained by the corporation in a reserve to be used by the
 1611  corporation, as determined by the board of governors and
 1612  approved by the office, to pay claims or reduce any past,
 1613  present, or future plan-year deficits or to reduce outstanding
 1614  debt.
 1615         (c) The corporation’s plan of operation of the corporation:
 1616         1. Must provide for adoption of residential property and
 1617  casualty insurance policy forms and commercial residential and
 1618  nonresidential property insurance forms, which forms must be
 1619  approved by the office before prior to use. The corporation
 1620  shall adopt the following policy forms:
 1621         a. Standard personal lines policy forms that are
 1622  comprehensive multiperil policies providing full coverage of a
 1623  residential property equivalent to the coverage provided in the
 1624  private insurance market under an HO-3, HO-4, or HO-6 policy.
 1625         b. Basic personal lines policy forms that are policies
 1626  similar to an HO-8 policy or a dwelling fire policy that provide
 1627  coverage meeting the requirements of the secondary mortgage
 1628  market, but which coverage is more limited than the coverage
 1629  under a standard policy.
 1630         c. Commercial lines residential and nonresidential policy
 1631  forms that are generally similar to the basic perils of full
 1632  coverage obtainable for commercial residential structures and
 1633  commercial nonresidential structures in the admitted voluntary
 1634  market.
 1635         d. Personal lines and commercial lines residential property
 1636  insurance forms that cover the peril of wind only. The forms are
 1637  applicable only to residential properties located in areas
 1638  eligible for coverage under the coastal high-risk account
 1639  referred to in sub-subparagraph (b)2.a.
 1640         e. Commercial lines nonresidential property insurance forms
 1641  that cover the peril of wind only. The forms are applicable only
 1642  to nonresidential properties located in areas eligible for
 1643  coverage under the coastal high-risk account referred to in sub
 1644  subparagraph (b)2.a.
 1645         f. The corporation may adopt variations of the policy forms
 1646  listed in sub-subparagraphs a.-e. which that contain more
 1647  restrictive coverage.
 1648         2.a. Must provide that the corporation adopt a program in
 1649  which the corporation and authorized insurers enter into quota
 1650  share primary insurance agreements for hurricane coverage, as
 1651  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 1652  property insurance forms for eligible risks which cover the
 1653  peril of wind only.
 1654         a. As used in this subsection, the term:
 1655         (I) “Quota share primary insurance” means an arrangement in
 1656  which the primary hurricane coverage of an eligible risk is
 1657  provided in specified percentages by the corporation and an
 1658  authorized insurer. The corporation and authorized insurer are
 1659  each solely responsible for a specified percentage of hurricane
 1660  coverage of an eligible risk as set forth in a quota share
 1661  primary insurance agreement between the corporation and an
 1662  authorized insurer and the insurance contract. The
 1663  responsibility of the corporation or authorized insurer to pay
 1664  its specified percentage of hurricane losses of an eligible
 1665  risk, as set forth in the quota share primary insurance
 1666  agreement, may not be altered by the inability of the other
 1667  party to the agreement to pay its specified percentage of
 1668  hurricane losses. Eligible risks that are provided hurricane
 1669  coverage through a quota share primary insurance arrangement
 1670  must be provided policy forms that set forth the obligations of
 1671  the corporation and authorized insurer under the arrangement,
 1672  clearly specify the percentages of quota share primary insurance
 1673  provided by the corporation and authorized insurer, and
 1674  conspicuously and clearly state that neither the authorized
 1675  insurer and nor the corporation may not be held responsible
 1676  beyond their its specified percentage of coverage of hurricane
 1677  losses.
 1678         (II) “Eligible risks” means personal lines residential and
 1679  commercial lines residential risks that meet the underwriting
 1680  criteria of the corporation and are located in areas that were
 1681  eligible for coverage by the Florida Windstorm Underwriting
 1682  Association on January 1, 2002.
 1683         b. The corporation may enter into quota share primary
 1684  insurance agreements with authorized insurers at corporation
 1685  coverage levels of 90 percent and 50 percent.
 1686         c. If the corporation determines that additional coverage
 1687  levels are necessary to maximize participation in quota share
 1688  primary insurance agreements by authorized insurers, the
 1689  corporation may establish additional coverage levels. However,
 1690  the corporation’s quota share primary insurance coverage level
 1691  may not exceed 90 percent.
 1692         d. Any quota share primary insurance agreement entered into
 1693  between an authorized insurer and the corporation must provide
 1694  for a uniform specified percentage of coverage of hurricane
 1695  losses, by county or territory as set forth by the corporation
 1696  board, for all eligible risks of the authorized insurer covered
 1697  under the quota share primary insurance agreement.
 1698         e. Any quota share primary insurance agreement entered into
 1699  between an authorized insurer and the corporation is subject to
 1700  review and approval by the office. However, such agreement shall
 1701  be authorized only as to insurance contracts entered into
 1702  between an authorized insurer and an insured who is already
 1703  insured by the corporation for wind coverage.
 1704         f. For all eligible risks covered under quota share primary
 1705  insurance agreements, the exposure and coverage levels for both
 1706  the corporation and authorized insurers shall be reported by the
 1707  corporation to the Florida Hurricane Catastrophe Fund. For all
 1708  policies of eligible risks covered under such quota share
 1709  primary insurance agreements, the corporation and the authorized
 1710  insurer must shall maintain complete and accurate records for
 1711  the purpose of exposure and loss reimbursement audits as
 1712  required by Florida Hurricane Catastrophe fund rules. The
 1713  corporation and the authorized insurer shall each maintain
 1714  duplicate copies of policy declaration pages and supporting
 1715  claims documents.
 1716         g. The corporation board shall establish in its plan of
 1717  operation standards for quota share agreements which ensure that
 1718  there is no discriminatory application among insurers as to the
 1719  terms of the quota share agreements, pricing of the quota share
 1720  agreements, incentive provisions if any, and consideration paid
 1721  for servicing policies or adjusting claims.
 1722         h. The quota share primary insurance agreement between the
 1723  corporation and an authorized insurer must set forth the
 1724  specific terms under which coverage is provided, including, but
 1725  not limited to, the sale and servicing of policies issued under
 1726  the agreement by the insurance agent of the authorized insurer
 1727  producing the business, the reporting of information concerning
 1728  eligible risks, the payment of premium to the corporation, and
 1729  arrangements for the adjustment and payment of hurricane claims
 1730  incurred on eligible risks by the claims adjuster and personnel
 1731  of the authorized insurer. Entering into a quota sharing
 1732  insurance agreement between the corporation and an authorized
 1733  insurer is shall be voluntary and at the discretion of the
 1734  authorized insurer.
 1735         3. May provide that the corporation may employ or otherwise
 1736  contract with individuals or other entities to provide
 1737  administrative or professional services that may be appropriate
 1738  to effectuate the plan. The corporation may shall have the power
 1739  to borrow funds, by issuing bonds or by incurring other
 1740  indebtedness, and shall have other powers reasonably necessary
 1741  to effectuate the requirements of this subsection, including,
 1742  without limitation, the power to issue bonds and incur other
 1743  indebtedness in order to refinance outstanding bonds or other
 1744  indebtedness. The corporation may, but is not required to, seek
 1745  judicial validation of its bonds or other indebtedness under
 1746  chapter 75. The corporation may issue bonds or incur other
 1747  indebtedness, or have bonds issued on its behalf by a unit of
 1748  local government pursuant to subparagraph (q)2., in the absence
 1749  of a hurricane or other weather-related event, upon a
 1750  determination by the corporation, subject to approval by the
 1751  office, that such action would enable it to efficiently meet the
 1752  financial obligations of the corporation and that such
 1753  financings are reasonably necessary to effectuate the
 1754  requirements of this subsection. The corporation may is
 1755  authorized to take all actions needed to facilitate tax-free
 1756  status for any such bonds or indebtedness, including formation
 1757  of trusts or other affiliated entities. The corporation may
 1758  shall have the authority to pledge assessments, projected
 1759  recoveries from the Florida Hurricane Catastrophe Fund, other
 1760  reinsurance recoverables, market equalization and other
 1761  surcharges, and other funds available to the corporation as
 1762  security for bonds or other indebtedness. In recognition of s.
 1763  10, Art. I of the State Constitution, prohibiting the impairment
 1764  of obligations of contracts, it is the intent of the Legislature
 1765  that no action be taken whose purpose is to impair any bond
 1766  indenture or financing agreement or any revenue source committed
 1767  by contract to such bond or other indebtedness.
 1768         4.a. Must require that the corporation operate subject to
 1769  the supervision and approval of a board of governors consisting
 1770  of eight individuals who are residents of this state, from
 1771  different geographical areas of this state.
 1772         a. The Governor, the Chief Financial Officer, the President
 1773  of the Senate, and the Speaker of the House of Representatives
 1774  shall each appoint two members of the board. At least one of the
 1775  two members appointed by each appointing officer must have
 1776  demonstrated expertise in insurance, and is deemed to be within
 1777  the scope of the exemption provided in s. 112.313(7)(b). The
 1778  Chief Financial Officer shall designate one of the appointees as
 1779  chair. All board members serve at the pleasure of the appointing
 1780  officer. All members of the board of governors are subject to
 1781  removal at will by the officers who appointed them. All board
 1782  members, including the chair, must be appointed to serve for 3
 1783  year terms beginning annually on a date designated by the plan.
 1784  However, for the first term beginning on or after July 1, 2009,
 1785  each appointing officer shall appoint one member of the board
 1786  for a 2-year term and one member for a 3-year term. A Any board
 1787  vacancy shall be filled for the unexpired term by the appointing
 1788  officer. The Chief Financial Officer shall appoint a technical
 1789  advisory group to provide information and advice to the board of
 1790  governors in connection with the board’s duties under this
 1791  subsection. The executive director and senior managers of the
 1792  corporation shall be engaged by the board and serve at the
 1793  pleasure of the board. Any executive director appointed on or
 1794  after July 1, 2006, is subject to confirmation by the Senate.
 1795  The executive director is responsible for employing other staff
 1796  as the corporation may require, subject to review and
 1797  concurrence by the board.
 1798         b. The board shall create a Market Accountability Advisory
 1799  Committee to assist the corporation in developing awareness of
 1800  its rates and its customer and agent service levels in
 1801  relationship to the voluntary market insurers writing similar
 1802  coverage.
 1803         (I) The members of the advisory committee shall consist of
 1804  the following 11 persons, one of whom must be elected chair by
 1805  the members of the committee: four representatives, one
 1806  appointed by the Florida Association of Insurance Agents, one by
 1807  the Florida Association of Insurance and Financial Advisors, one
 1808  by the Professional Insurance Agents of Florida, and one by the
 1809  Latin American Association of Insurance Agencies; three
 1810  representatives appointed by the insurers with the three highest
 1811  voluntary market share of residential property insurance
 1812  business in the state; one representative from the Office of
 1813  Insurance Regulation; one consumer appointed by the board who is
 1814  insured by the corporation at the time of appointment to the
 1815  committee; one representative appointed by the Florida
 1816  Association of Realtors; and one representative appointed by the
 1817  Florida Bankers Association. All members shall be appointed to
 1818  must serve for 3-year terms and may serve for consecutive terms.
 1819         (II) The committee shall report to the corporation at each
 1820  board meeting on insurance market issues which may include rates
 1821  and rate competition with the voluntary market; service,
 1822  including policy issuance, claims processing, and general
 1823  responsiveness to policyholders, applicants, and agents; and
 1824  matters relating to depopulation.
 1825         5. Must provide a procedure for determining the eligibility
 1826  of a risk for coverage, as follows:
 1827         a. Subject to the provisions of s. 627.3517, with respect
 1828  to personal lines residential risks, if the risk is offered
 1829  coverage from an authorized insurer at the insurer’s approved
 1830  rate under either a standard policy including wind coverage or,
 1831  if consistent with the insurer’s underwriting rules as filed
 1832  with the office, a basic policy including wind coverage, for a
 1833  new application to the corporation for coverage, the risk is not
 1834  eligible for any policy issued by the corporation unless the
 1835  premium for coverage from the authorized insurer is more than 15
 1836  percent greater than the premium for comparable coverage from
 1837  the corporation. If the risk is not able to obtain any such
 1838  offer, the risk is eligible for either a standard policy
 1839  including wind coverage or a basic policy including wind
 1840  coverage issued by the corporation; however, if the risk could
 1841  not be insured under a standard policy including wind coverage
 1842  regardless of market conditions, the risk is shall be eligible
 1843  for a basic policy including wind coverage unless rejected under
 1844  subparagraph 8. However, with regard to a policyholder of the
 1845  corporation or a policyholder removed from the corporation
 1846  through an assumption agreement until the end of the assumption
 1847  period, the policyholder remains eligible for coverage from the
 1848  corporation regardless of any offer of coverage from an
 1849  authorized insurer or surplus lines insurer. The corporation
 1850  shall determine the type of policy to be provided on the basis
 1851  of objective standards specified in the underwriting manual and
 1852  based on generally accepted underwriting practices.
 1853         (I) If the risk accepts an offer of coverage through the
 1854  market assistance plan or an offer of coverage through a
 1855  mechanism established by the corporation before a policy is
 1856  issued to the risk by the corporation or during the first 30
 1857  days of coverage by the corporation, and the producing agent who
 1858  submitted the application to the plan or to the corporation is
 1859  not currently appointed by the insurer, the insurer shall:
 1860         (A) Pay to the producing agent of record of the policy, for
 1861  the first year, an amount that is the greater of the insurer’s
 1862  usual and customary commission for the type of policy written or
 1863  a fee equal to the usual and customary commission of the
 1864  corporation; or
 1865         (B) Offer to allow the producing agent of record of the
 1866  policy to continue servicing the policy for at least a period of
 1867  not less than 1 year and offer to pay the agent the greater of
 1868  the insurer’s or the corporation’s usual and customary
 1869  commission for the type of policy written.
 1870  
 1871  If the producing agent is unwilling or unable to accept
 1872  appointment, the new insurer shall pay the agent in accordance
 1873  with sub-sub-sub-subparagraph (A).
 1874         (II) If When the corporation enters into a contractual
 1875  agreement for a take-out plan, the producing agent of record of
 1876  the corporation policy is entitled to retain any unearned
 1877  commission on the policy, and the insurer shall:
 1878         (A) Pay to the producing agent of record of the corporation
 1879  policy, for the first year, an amount that is the greater of the
 1880  insurer’s usual and customary commission for the type of policy
 1881  written or a fee equal to the usual and customary commission of
 1882  the corporation; or
 1883         (B) Offer to allow the producing agent of record of the
 1884  corporation policy to continue servicing the policy for at least
 1885  a period of not less than 1 year and offer to pay the agent the
 1886  greater of the insurer’s or the corporation’s usual and
 1887  customary commission for the type of policy written.
 1888  
 1889  If the producing agent is unwilling or unable to accept
 1890  appointment, the new insurer shall pay the agent in accordance
 1891  with sub-sub-sub-subparagraph (A).
 1892         b. With respect to commercial lines residential risks, for
 1893  a new application to the corporation for coverage, if the risk
 1894  is offered coverage under a policy including wind coverage from
 1895  an authorized insurer at its approved rate, the risk is not
 1896  eligible for a any policy issued by the corporation unless the
 1897  premium for coverage from the authorized insurer is more than 15
 1898  percent greater than the premium for comparable coverage from
 1899  the corporation. If the risk is not able to obtain any such
 1900  offer, the risk is eligible for a policy including wind coverage
 1901  issued by the corporation. However, with regard to a
 1902  policyholder of the corporation or a policyholder removed from
 1903  the corporation through an assumption agreement until the end of
 1904  the assumption period, the policyholder remains eligible for
 1905  coverage from the corporation regardless of an any offer of
 1906  coverage from an authorized insurer or surplus lines insurer.
 1907         (I) If the risk accepts an offer of coverage through the
 1908  market assistance plan or an offer of coverage through a
 1909  mechanism established by the corporation before a policy is
 1910  issued to the risk by the corporation or during the first 30
 1911  days of coverage by the corporation, and the producing agent who
 1912  submitted the application to the plan or the corporation is not
 1913  currently appointed by the insurer, the insurer shall:
 1914         (A) Pay to the producing agent of record of the policy, for
 1915  the first year, an amount that is the greater of the insurer’s
 1916  usual and customary commission for the type of policy written or
 1917  a fee equal to the usual and customary commission of the
 1918  corporation; or
 1919         (B) Offer to allow the producing agent of record of the
 1920  policy to continue servicing the policy for at least a period of
 1921  not less than 1 year and offer to pay the agent the greater of
 1922  the insurer’s or the corporation’s usual and customary
 1923  commission for the type of policy written.
 1924  
 1925  If the producing agent is unwilling or unable to accept
 1926  appointment, the new insurer shall pay the agent in accordance
 1927  with sub-sub-sub-subparagraph (A).
 1928         (II) If When the corporation enters into a contractual
 1929  agreement for a take-out plan, the producing agent of record of
 1930  the corporation policy is entitled to retain any unearned
 1931  commission on the policy, and the insurer shall:
 1932         (A) Pay to the producing agent of record of the corporation
 1933  policy, for the first year, an amount that is the greater of the
 1934  insurer’s usual and customary commission for the type of policy
 1935  written or a fee equal to the usual and customary commission of
 1936  the corporation; or
 1937         (B) Offer to allow the producing agent of record of the
 1938  corporation policy to continue servicing the policy for at least
 1939  a period of not less than 1 year and offer to pay the agent the
 1940  greater of the insurer’s or the corporation’s usual and
 1941  customary commission for the type of policy written.
 1942  
 1943  If the producing agent is unwilling or unable to accept
 1944  appointment, the new insurer shall pay the agent in accordance
 1945  with sub-sub-sub-subparagraph (A).
 1946         c. For purposes of determining comparable coverage under
 1947  sub-subparagraphs a. and b., the comparison must shall be based
 1948  on those forms and coverages that are reasonably comparable. The
 1949  corporation may rely on a determination of comparable coverage
 1950  and premium made by the producing agent who submits the
 1951  application to the corporation, made in the agent’s capacity as
 1952  the corporation’s agent. A comparison may be made solely of the
 1953  premium with respect to the main building or structure only on
 1954  the following basis: the same coverage A or other building
 1955  limits; the same percentage hurricane deductible that applies on
 1956  an annual basis or that applies to each hurricane for commercial
 1957  residential property; the same percentage of ordinance and law
 1958  coverage, if the same limit is offered by both the corporation
 1959  and the authorized insurer; the same mitigation credits, to the
 1960  extent the same types of credits are offered both by the
 1961  corporation and the authorized insurer; the same method for loss
 1962  payment, such as replacement cost or actual cash value, if the
 1963  same method is offered both by the corporation and the
 1964  authorized insurer in accordance with underwriting rules; and
 1965  any other form or coverage that is reasonably comparable as
 1966  determined by the board. If an application is submitted to the
 1967  corporation for wind-only coverage in the coastal high-risk
 1968  account, the premium for the corporation’s wind-only policy plus
 1969  the premium for the ex-wind policy that is offered by an
 1970  authorized insurer to the applicant must shall be compared to
 1971  the premium for multiperil coverage offered by an authorized
 1972  insurer, subject to the standards for comparison specified in
 1973  this subparagraph. If the corporation or the applicant requests
 1974  from the authorized insurer a breakdown of the premium of the
 1975  offer by types of coverage so that a comparison may be made by
 1976  the corporation or its agent and the authorized insurer refuses
 1977  or is unable to provide such information, the corporation may
 1978  treat the offer as not being an offer of coverage from an
 1979  authorized insurer at the insurer’s approved rate.
 1980         6. Must include rules for classifications of risks and
 1981  rates therefor.
 1982         7. Must provide that if premium and investment income for
 1983  an account attributable to a particular calendar year are in
 1984  excess of projected losses and expenses for the account
 1985  attributable to that year, such excess shall be held in surplus
 1986  in the account. Such surplus must shall be available to defray
 1987  deficits in that account as to future years and shall be used
 1988  for that purpose before prior to assessing assessable insurers
 1989  and assessable insureds as to any calendar year.
 1990         8. Must provide objective criteria and procedures to be
 1991  uniformly applied to for all applicants in determining whether
 1992  an individual risk is so hazardous as to be uninsurable. In
 1993  making this determination and in establishing the criteria and
 1994  procedures, the following must shall be considered:
 1995         a. Whether the likelihood of a loss for the individual risk
 1996  is substantially higher than for other risks of the same class;
 1997  and
 1998         b. Whether the uncertainty associated with the individual
 1999  risk is such that an appropriate premium cannot be determined.
 2000  
 2001  The acceptance or rejection of a risk by the corporation shall
 2002  be construed as the private placement of insurance, and the
 2003  provisions of chapter 120 do shall not apply.
 2004         9. Must provide that the corporation shall make its best
 2005  efforts to procure catastrophe reinsurance at reasonable rates,
 2006  to cover its projected 100-year probable maximum loss as
 2007  determined by the board of governors.
 2008         10. The policies issued by the corporation must provide
 2009  that, if the corporation or the market assistance plan obtains
 2010  an offer from an authorized insurer to cover the risk at its
 2011  approved rates, the risk is no longer eligible for renewal
 2012  through the corporation, except as otherwise provided in this
 2013  subsection.
 2014         11. Corporation policies and applications must include a
 2015  notice that the corporation policy could, under this section, be
 2016  replaced with a policy issued by an authorized insurer which
 2017  that does not provide coverage identical to the coverage
 2018  provided by the corporation. The notice must shall also specify
 2019  that acceptance of corporation coverage creates a conclusive
 2020  presumption that the applicant or policyholder is aware of this
 2021  potential.
 2022         12. May establish, subject to approval by the office,
 2023  different eligibility requirements and operational procedures
 2024  for any line or type of coverage for any specified county or
 2025  area if the board determines that such changes to the
 2026  eligibility requirements and operational procedures are
 2027  justified due to the voluntary market being sufficiently stable
 2028  and competitive in such area or for such line or type of
 2029  coverage and that consumers who, in good faith, are unable to
 2030  obtain insurance through the voluntary market through ordinary
 2031  methods would continue to have access to coverage from the
 2032  corporation. If When coverage is sought in connection with a
 2033  real property transfer, the such requirements and procedures may
 2034  shall not provide for an effective date of coverage later than
 2035  the date of the closing of the transfer as established by the
 2036  transferor, the transferee, and, if applicable, the lender.
 2037         13. Must provide that, with respect to the coastal high
 2038  risk account, any assessable insurer with a surplus as to
 2039  policyholders of $25 million or less writing 25 percent or more
 2040  of its total countrywide property insurance premiums in this
 2041  state may petition the office, within the first 90 days of each
 2042  calendar year, to qualify as a limited apportionment company. A
 2043  regular assessment levied by the corporation on a limited
 2044  apportionment company for a deficit incurred by the corporation
 2045  for the coastal high-risk account in 2006 or thereafter may be
 2046  paid to the corporation on a monthly basis as the assessments
 2047  are collected by the limited apportionment company from its
 2048  insureds pursuant to s. 627.3512, but the regular assessment
 2049  must be paid in full within 12 months after being levied by the
 2050  corporation. A limited apportionment company shall collect from
 2051  its policyholders any emergency assessment imposed under sub
 2052  subparagraph (b)3.d. The plan must shall provide that, if the
 2053  office determines that any regular assessment will result in an
 2054  impairment of the surplus of a limited apportionment company,
 2055  the office may direct that all or part of such assessment be
 2056  deferred as provided in subparagraph (q)4. However, there shall
 2057  be no limitation or deferment of an emergency assessment to be
 2058  collected from policyholders under sub-subparagraph (b)3.d. may
 2059  not be limited or deferred.
 2060         14. Must provide that the corporation appoint as its
 2061  licensed agents only those agents who also hold an appointment
 2062  as defined in s. 626.015(3) with an insurer who at the time of
 2063  the agent’s initial appointment by the corporation is authorized
 2064  to write and is actually writing personal lines residential
 2065  property coverage, commercial residential property coverage, or
 2066  commercial nonresidential property coverage within the state.
 2067         15. Must provide, by July 1, 2007, a premium payment plan
 2068  option to its policyholders which, allows at a minimum, allows
 2069  for quarterly and semiannual payment of premiums. A monthly
 2070  payment plan may, but is not required to, be offered.
 2071         16. Must limit coverage on mobile homes or manufactured
 2072  homes built before prior to 1994 to actual cash value of the
 2073  dwelling rather than replacement costs of the dwelling.
 2074         17. May provide such limits of coverage as the board
 2075  determines, consistent with the requirements of this subsection.
 2076         18. May require commercial property to meet specified
 2077  hurricane mitigation construction features as a condition of
 2078  eligibility for coverage.
 2079         (d)1. All prospective employees for senior management
 2080  positions, as defined by the plan of operation, are subject to
 2081  background checks as a prerequisite for employment. The office
 2082  shall conduct the background checks on such prospective
 2083  employees pursuant to ss. 624.34, 624.404(3), and 628.261.
 2084         2. On or before July 1 of each year, employees of the
 2085  corporation must are required to sign and submit a statement
 2086  attesting that they do not have a conflict of interest, as
 2087  defined in part III of chapter 112. As a condition of
 2088  employment, all prospective employees must are required to sign
 2089  and submit to the corporation a conflict-of-interest statement.
 2090         3. Senior managers and members of the board of governors
 2091  are subject to the provisions of part III of chapter 112,
 2092  including, but not limited to, the code of ethics and public
 2093  disclosure and reporting of financial interests, pursuant to s.
 2094  112.3145. Notwithstanding s. 112.3143(2), a board member may not
 2095  vote on any measure that would inure to his or her special
 2096  private gain or loss; that he or she knows would inure to the
 2097  special private gain or loss of any principal by whom he or she
 2098  is retained or to the parent organization or subsidiary of a
 2099  corporate principal by which he or she is retained, other than
 2100  an agency as defined in s. 112.312; or that he or she knows
 2101  would inure to the special private gain or loss of a relative or
 2102  business associate of the public officer. Before the vote is
 2103  taken, such member shall publicly state to the assembly the
 2104  nature of his or her interest in the matter from which he or she
 2105  is abstaining from voting and, within 15 days after the vote
 2106  occurs, disclose the nature of his or her interest as a public
 2107  record in a memorandum filed with the person responsible for
 2108  recording the minutes of the meeting, who shall incorporate the
 2109  memorandum in the minutes. Senior managers and board members are
 2110  also required to file such disclosures with the Commission on
 2111  Ethics and the Office of Insurance Regulation. The executive
 2112  director of the corporation or his or her designee shall notify
 2113  each existing and newly appointed and existing appointed member
 2114  of the board of governors and senior managers of their duty to
 2115  comply with the reporting requirements of part III of chapter
 2116  112. At least quarterly, the executive director or his or her
 2117  designee shall submit to the Commission on Ethics a list of
 2118  names of the senior managers and members of the board of
 2119  governors who are subject to the public disclosure requirements
 2120  under s. 112.3145.
 2121         4. Notwithstanding s. 112.3148 or s. 112.3149, or any other
 2122  provision of law, an employee or board member may not knowingly
 2123  accept, directly or indirectly, any gift or expenditure from a
 2124  person or entity, or an employee or representative of such
 2125  person or entity, which that has a contractual relationship with
 2126  the corporation or who is under consideration for a contract. An
 2127  employee or board member who fails to comply with subparagraph
 2128  3. or this subparagraph is subject to penalties provided under
 2129  ss. 112.317 and 112.3173.
 2130         5. Any senior manager of the corporation who is employed on
 2131  or after January 1, 2007, regardless of the date of hire, who
 2132  subsequently retires or terminates employment is prohibited from
 2133  representing another person or entity before the corporation for
 2134  2 years after retirement or termination of employment from the
 2135  corporation.
 2136         6. Any senior manager of the corporation who is employed on
 2137  or after January 1, 2007, regardless of the date of hire, who
 2138  subsequently retires or terminates employment is prohibited from
 2139  having any employment or contractual relationship for 2 years
 2140  with an insurer that has entered into a take-out bonus agreement
 2141  with the corporation.
 2142         (v)1. Effective July 1, 2002, policies of the Residential
 2143  Property and Casualty Joint Underwriting Association shall
 2144  become policies of the corporation. All obligations, rights,
 2145  assets and liabilities of the Residential Property and Casualty
 2146  Joint Underwriting association, including bonds, note and debt
 2147  obligations, and the financing documents pertaining to them
 2148  become those of the corporation as of July 1, 2002. The
 2149  corporation is not required to issue endorsements or
 2150  certificates of assumption to insureds during the remaining term
 2151  of in-force transferred policies.
 2152         2. Effective July 1, 2002, policies of the Florida
 2153  Windstorm Underwriting Association are transferred to the
 2154  corporation and shall become policies of the corporation. All
 2155  obligations, rights, assets, and liabilities of the Florida
 2156  Windstorm Underwriting association, including bonds, note and
 2157  debt obligations, and the financing documents pertaining to them
 2158  are transferred to and assumed by the corporation on July 1,
 2159  2002. The corporation is not required to issue endorsements or
 2160  certificates of assumption to insureds during the remaining term
 2161  of in-force transferred policies.
 2162         3. The Florida Windstorm Underwriting Association and the
 2163  Residential Property and Casualty Joint Underwriting Association
 2164  shall take all actions necessary as may be proper to further
 2165  evidence the transfers and shall provide the documents and
 2166  instruments of further assurance as may reasonably be requested
 2167  by the corporation for that purpose. The corporation shall
 2168  execute assumptions and instruments as the trustees or other
 2169  parties to the financing documents of the Florida Windstorm
 2170  Underwriting Association or the Residential Property and
 2171  Casualty Joint Underwriting Association may reasonably request
 2172  to further evidence the transfers and assumptions, which
 2173  transfers and assumptions, however, are effective on the date
 2174  provided under this paragraph whether or not, and regardless of
 2175  the date on which, the assumptions or instruments are executed
 2176  by the corporation. Subject to the relevant financing documents
 2177  pertaining to their outstanding bonds, notes, indebtedness, or
 2178  other financing obligations, the moneys, investments,
 2179  receivables, choses in action, and other intangibles of the
 2180  Florida Windstorm Underwriting Association shall be credited to
 2181  the coastal high-risk account of the corporation, and those of
 2182  the personal lines residential coverage account and the
 2183  commercial lines residential coverage account of the Residential
 2184  Property and Casualty Joint Underwriting Association shall be
 2185  credited to the personal lines account and the commercial lines
 2186  account, respectively, of the corporation.
 2187         4. Effective July 1, 2002, a new applicant for property
 2188  insurance coverage who would otherwise have been eligible for
 2189  coverage in the Florida Windstorm Underwriting Association is
 2190  eligible for coverage from the corporation as provided in this
 2191  subsection.
 2192         5. The transfer of all policies, obligations, rights,
 2193  assets, and liabilities from the Florida Windstorm Underwriting
 2194  Association to the corporation and the renaming of the
 2195  Residential Property and Casualty Joint Underwriting Association
 2196  as the corporation does not shall in no way affect the coverage
 2197  with respect to covered policies as defined in s. 215.555(2)(c)
 2198  provided to these entities by the Florida Hurricane Catastrophe
 2199  Fund. The coverage provided by the Florida Hurricane Catastrophe
 2200  fund to the Florida Windstorm Underwriting Association based on
 2201  its exposures as of June 30, 2002, and each June 30 thereafter
 2202  shall be redesignated as coverage for the coastal high-risk
 2203  account of the corporation. Notwithstanding any other provision
 2204  of law, the coverage provided by the Florida Hurricane
 2205  Catastrophe fund to the Residential Property and Casualty Joint
 2206  Underwriting Association based on its exposures as of June 30,
 2207  2002, and each June 30 thereafter shall be transferred to the
 2208  personal lines account and the commercial lines account of the
 2209  corporation. Notwithstanding any other provision of law, the
 2210  coastal high-risk account shall be treated, for all Florida
 2211  Hurricane Catastrophe Fund purposes, as if it were a separate
 2212  participating insurer with its own exposures, reimbursement
 2213  premium, and loss reimbursement. Likewise, the personal lines
 2214  and commercial lines accounts shall be viewed together, for all
 2215  Florida Hurricane Catastrophe fund purposes, as if the two
 2216  accounts were one and represent a single, separate participating
 2217  insurer with its own exposures, reimbursement premium, and loss
 2218  reimbursement. The coverage provided by the Florida Hurricane
 2219  Catastrophe fund to the corporation shall constitute and operate
 2220  as a full transfer of coverage from the Florida Windstorm
 2221  Underwriting Association and Residential Property and Casualty
 2222  Joint Underwriting to the corporation.
 2223         (y) It is the intent of the Legislature that the amendments
 2224  to this subsection enacted in 2002 should, over time, reduce the
 2225  probable maximum windstorm losses in the residual markets and
 2226  should reduce the potential assessments to be levied on property
 2227  insurers and policyholders statewide. In furtherance of this
 2228  intent:
 2229         1. The board shall, on or before February 1 of each year,
 2230  provide a report to the President of the Senate and the Speaker
 2231  of the House of Representatives showing the reduction or
 2232  increase in the 100-year probable maximum loss attributable to
 2233  wind-only coverages and the quota share program under this
 2234  subsection combined, as compared to the benchmark 100-year
 2235  probable maximum loss of the Florida Windstorm Underwriting
 2236  Association. For purposes of this paragraph, the benchmark 100
 2237  year probable maximum loss of the Florida Windstorm Underwriting
 2238  Association is shall be the calculation dated February 2001 and
 2239  based on November 30, 2000, exposures. In order to ensure
 2240  comparability of data, the board shall use the same methods for
 2241  calculating its probable maximum loss as were used to calculate
 2242  the benchmark probable maximum loss.
 2243         2. Beginning December 1, 2013 2010, if the report under
 2244  subparagraph 1. for any year indicates that the 100-year
 2245  probable maximum loss attributable to wind-only coverages and
 2246  the quota share program combined does not reflect a reduction of
 2247  at least 25 percent from the benchmark, the board shall reduce
 2248  the boundaries of the high-risk area eligible for wind-only
 2249  coverages under this subsection in a manner calculated to reduce
 2250  the such probable maximum loss to an amount at least 25 percent
 2251  below the benchmark.
 2252         3. Beginning February 1, 2015, if the report under
 2253  subparagraph 1. for any year indicates that the 100-year
 2254  probable maximum loss attributable to wind-only coverages and
 2255  the quota share program combined does not reflect a reduction of
 2256  at least 50 percent from the benchmark, the boundaries of the
 2257  high-risk area eligible for wind-only coverages under this
 2258  subsection shall be reduced by the elimination of any area that
 2259  is not seaward of a line 1,000 feet inland from the Intracoastal
 2260  Waterway.
 2261         Section 13. Paragraph (a) of subsection (5) of section
 2262  627.3511, Florida Statutes, is amended to read:
 2263         627.3511 Depopulation of Citizens Property Insurance
 2264  Corporation.—
 2265         (5) APPLICABILITY.—
 2266         (a) The take-out bonus provided by subsection (2) and the
 2267  exemption from assessment provided by paragraph (3)(a) apply
 2268  only if the corporation policy is replaced by either a standard
 2269  policy including wind coverage or, if consistent with the
 2270  insurer’s underwriting rules as filed with the office, a basic
 2271  policy including wind coverage; however, for with respect to
 2272  risks located in areas where coverage through the coastal high
 2273  risk account of the corporation is available, the replacement
 2274  policy need not provide wind coverage. The insurer must renew
 2275  the replacement policy at approved rates on substantially
 2276  similar terms for four additional 1-year terms, unless canceled
 2277  or not renewed by the policyholder. If an insurer assumes the
 2278  corporation’s obligations for a policy, it must issue a
 2279  replacement policy for a 1-year term upon expiration of the
 2280  corporation policy and must renew the replacement policy at
 2281  approved rates on substantially similar terms for four
 2282  additional 1-year terms, unless canceled or not renewed by the
 2283  policyholder. For each replacement policy canceled or nonrenewed
 2284  by the insurer for any reason during the 5-year coverage period
 2285  required by this paragraph, the insurer must remove from the
 2286  corporation one additional policy covering a risk similar to the
 2287  risk covered by the canceled or nonrenewed policy. In addition
 2288  to these requirements, the corporation must place the bonus
 2289  moneys in escrow for a period of 5 years; such moneys may be
 2290  released from escrow only to pay claims. If the policy is
 2291  canceled or nonrenewed before the end of the 5-year period, the
 2292  amount of the take-out bonus must be prorated for the time
 2293  period the policy was insured. A take-out bonus provided by
 2294  subsection (2) or subsection (6) is shall not be considered
 2295  premium income for purposes of taxes and assessments under the
 2296  Florida Insurance Code and shall remain the property of the
 2297  corporation, subject to the prior security interest of the
 2298  insurer under the escrow agreement until it is released from
 2299  escrow;, and after it is released from escrow it is shall be
 2300  considered an asset of the insurer and credited to the insurer’s
 2301  capital and surplus.
 2302         Section 14. Paragraph (b) of subsection (2) of section
 2303  627.4133, Florida Statutes, is amended to read:
 2304         627.4133 Notice of cancellation, nonrenewal, or renewal
 2305  premium.—
 2306         (2) With respect to any personal lines or commercial
 2307  residential property insurance policy, including, but not
 2308  limited to, any homeowner’s, mobile home owner’s, farmowner’s,
 2309  condominium association, condominium unit owner’s, apartment
 2310  building, or other policy covering a residential structure or
 2311  its contents:
 2312         (b) The insurer shall give the named insured written notice
 2313  of nonrenewal, cancellation, or termination at least 100 days
 2314  before prior to the effective date of the nonrenewal,
 2315  cancellation, or termination. However, the insurer shall give at
 2316  least 100 days’ written notice, or written notice by June 1,
 2317  whichever is earlier, for any nonrenewal, cancellation, or
 2318  termination that would be effective between June 1 and November
 2319  30. The notice must include the reason or reasons for the
 2320  nonrenewal, cancellation, or termination, except that:
 2321         1. The insurer must shall give the named insured written
 2322  notice of nonrenewal, cancellation, or termination at least 180
 2323  days before prior to the effective date of the nonrenewal,
 2324  cancellation, or termination for a named insured whose
 2325  residential structure has been insured by that insurer or an
 2326  affiliated insurer for at least a 5-year period immediately
 2327  before prior to the date of the written notice.
 2328         2. If When cancellation is for nonpayment of premium, at
 2329  least 10 days’ written notice of cancellation accompanied by the
 2330  reason therefor must shall be given. As used in this
 2331  subparagraph, the term “nonpayment of premium” means failure of
 2332  the named insured to discharge when due any of her or his
 2333  obligations in connection with the payment of premiums on a
 2334  policy or any installment of such premium, whether the premium
 2335  is payable directly to the insurer or its agent or indirectly
 2336  under any premium finance plan or extension of credit, or
 2337  failure to maintain membership in an organization if such
 2338  membership is a condition precedent to insurance coverage. The
 2339  term “Nonpayment of premium” also means the failure of a
 2340  financial institution to honor an insurance applicant’s check
 2341  after delivery to a licensed agent for payment of a premium,
 2342  even if the agent has previously delivered or transferred the
 2343  premium to the insurer. If a dishonored check represents the
 2344  initial premium payment, the contract and all contractual
 2345  obligations are shall be void ab initio unless the nonpayment is
 2346  cured within the earlier of 5 days after actual notice by
 2347  certified mail is received by the applicant or 15 days after
 2348  notice is sent to the applicant by certified mail or registered
 2349  mail, and if the contract is void, any premium received by the
 2350  insurer from a third party must shall be refunded to that party
 2351  in full.
 2352         3. If When such cancellation or termination occurs during
 2353  the first 90 days during which the insurance is in force and the
 2354  insurance is canceled or terminated for reasons other than
 2355  nonpayment of premium, at least 20 days’ written notice of
 2356  cancellation or termination accompanied by the reason therefor
 2357  must shall be given unless except where there has been a
 2358  material misstatement or misrepresentation or failure to comply
 2359  with the underwriting requirements established by the insurer.
 2360         4. The requirement for providing written notice of
 2361  nonrenewal by June 1 of any nonrenewal that would be effective
 2362  between June 1 and November 30 does not apply to the following
 2363  situations, but the insurer remains subject to the requirement
 2364  to provide such notice at least 100 days before prior to the
 2365  effective date of nonrenewal:
 2366         a. A policy that is nonrenewed due to a revision in the
 2367  coverage for sinkhole losses and catastrophic ground cover
 2368  collapse pursuant to s. 627.706, as amended by s. 30, chapter
 2369  2007-1, Laws of Florida.
 2370         b. A policy that is nonrenewed by Citizens Property
 2371  Insurance Corporation, pursuant to s. 627.351(6), for a policy
 2372  that has been assumed by an authorized insurer offering
 2373  replacement or renewal coverage to the policyholder is exempt
 2374  from the notice requirements of paragraph (a) and this
 2375  paragraph. In such cases, the corporation must give the named
 2376  insured written notice of nonrenewal at least 45 days before the
 2377  effective date of the nonrenewal.
 2378  
 2379  After the policy has been in effect for 90 days, the policy may
 2380  shall not be canceled by the insurer unless except when there
 2381  has been a material misstatement, a nonpayment of premium, a
 2382  failure to comply with underwriting requirements established by
 2383  the insurer within 90 days after of the date of effectuation of
 2384  coverage, or a substantial change in the risk covered by the
 2385  policy or if when the cancellation is for all insureds under
 2386  such policies for a given class of insureds. This paragraph does
 2387  not apply to individually rated risks having a policy term of
 2388  less than 90 days.
 2389         5.Notwithstanding any other provision of law, an insurer
 2390  may cancel or nonrenew a property insurance policy after at
 2391  least 45 days notice if the office finds that the early
 2392  cancellation of some or all of the insurer’s policies is
 2393  necessary to protect the best interests of the public or
 2394  policyholders and the office approves the insurer’s plan for
 2395  early cancellation or nonrenewal of some or all of its policies.
 2396  The office may base such finding upon the financial condition of
 2397  the insurer, lack of adequate reinsurance coverage for hurricane
 2398  risk, or other relevant factors. The office may condition its
 2399  finding on the consent of the insurer to be placed under
 2400  administrative supervision pursuant to s. 624.81 or to the
 2401  appointment of a receiver under chapter 631.
 2402         Section 15. Section 627.43141, Florida Statutes, is created
 2403  to read:
 2404         627.43141 Notice of change in policy terms.—
 2405         (1) As used in this section, the term:
 2406         (a) “Change in policy terms” means the modification,
 2407  addition, or deletion of any term, coverage, duty, or condition
 2408  from the previous policy. The correction of typographical or
 2409  scrivener’s errors or the application of mandated legislative
 2410  changes is not a change in policy terms.
 2411         (b) “Policy” means a written contract of personal lines
 2412  property insurance or a written agreement for insurance, or the
 2413  certificate of such insurance, by whatever name called, and
 2414  includes all clauses, riders, endorsements, and papers that are
 2415  a part of such policy. The term does not include a binder as
 2416  defined in s. 627.420 unless the duration of the binder period
 2417  exceeds 60 days.
 2418         (c) “Renewal” means the issuance and delivery by an insurer
 2419  of a policy superseding at the end of the policy period a policy
 2420  previously issued and delivered by the same insurer or the
 2421  issuance and delivery of a certificate or notice extending the
 2422  term of a policy beyond its policy period or term. Any policy
 2423  that has a policy period or term of less than 6 months or that
 2424  does not have a fixed expiration date shall, for purposes of
 2425  this section, be considered as written for successive policy
 2426  periods or terms of 6 months.
 2427         (2) A renewal policy may contain a change in policy terms.
 2428  If a renewal policy does contains such change, the insurer must
 2429  give the named insured written notice of the change, which must
 2430  be enclosed along with the written notice of renewal premium
 2431  required by ss. 627.4133 and 627.728. Such notice shall be
 2432  entitled “Notice of Change in Policy Terms.”
 2433         (3) Although not required, proof of mailing or registered
 2434  mailing through the United States Postal Service of the Notice
 2435  of Change in Policy Terms to the named insured at the address
 2436  shown in the policy is sufficient proof of notice.
 2437         (4) Receipt of the premium payment for the renewal policy
 2438  by the insurer is deemed to be acceptance of the new policy
 2439  terms by the named insured.
 2440         (5) If an insurer fails to provide the notice required in
 2441  subsection (2), the original policy terms remain in effect until
 2442  the next renewal and the proper service of the notice, or until
 2443  the effective date of replacement coverage obtained by the named
 2444  insured, whichever occurs first.
 2445         (6) The intent of this section is to:
 2446         (a) Allow an insurer to make a change in policy terms
 2447  without nonrenewing those policyholders that the insurer wishes
 2448  to continue insuring.
 2449         (b) Alleviate concern and confusion to the policyholder
 2450  caused by the required policy nonrenewal for the limited issue
 2451  if an insurer intends to renew the insurance policy, but the new
 2452  policy contains a change in policy terms.
 2453         (c) Encourage policyholders to discuss their coverages with
 2454  their insurance agents.
 2455         Section 16. Section 627.7011, Florida Statutes, is amended
 2456  to read:
 2457         627.7011 Homeowners’ policies; offer of replacement cost
 2458  coverage and law and ordinance coverage.—
 2459         (1) Before Prior to issuing or renewing a homeowner’s
 2460  insurance policy on or after October 1, 2005, or prior to the
 2461  first renewal of a homeowner’s insurance policy on or after
 2462  October 1, 2005, the insurer must offer each of the following:
 2463         (a) A policy or endorsement providing that any loss that
 2464  which is repaired or replaced will be adjusted on the basis of
 2465  replacement costs to the dwelling not exceeding policy limits as
 2466  to the dwelling, rather than actual cash value, but not
 2467  including costs necessary to meet applicable laws and ordinances
 2468  regulating the construction, use, or repair of any property or
 2469  requiring the tearing down of any property, including the costs
 2470  of removing debris.
 2471         (b) A policy or endorsement providing that, subject to
 2472  other policy provisions, any loss that which is repaired or
 2473  replaced at any location will be adjusted on the basis of
 2474  replacement costs to the dwelling not exceeding policy limits as
 2475  to the dwelling, rather than actual cash value, and also
 2476  including costs necessary to meet applicable laws and ordinances
 2477  regulating the construction, use, or repair of any property or
 2478  requiring the tearing down of any property, including the costs
 2479  of removing debris.; However, such additional costs necessary to
 2480  meet applicable laws and ordinances may be limited to either 25
 2481  percent or 50 percent of the dwelling limit, as selected by the
 2482  policyholder, and such coverage applies shall apply only to
 2483  repairs of the damaged portion of the structure unless the total
 2484  damage to the structure exceeds 50 percent of the replacement
 2485  cost of the structure.
 2486  
 2487  An insurer is not required to make the offers required by this
 2488  subsection with respect to the issuance or renewal of a
 2489  homeowner’s policy that contains the provisions specified in
 2490  paragraph (b) for law and ordinance coverage limited to 25
 2491  percent of the dwelling limit, except that the insurer must
 2492  offer the law and ordinance coverage limited to 50 percent of
 2493  the dwelling limit. This subsection does not prohibit the offer
 2494  of a guaranteed replacement cost policy.
 2495         (2) Unless the insurer obtains the policyholder’s written
 2496  refusal of the policies or endorsements specified in subsection
 2497  (1), any policy covering the dwelling is deemed to include the
 2498  law and ordinance coverage limited to 25 percent of the dwelling
 2499  limit. The rejection or selection of alternative coverage shall
 2500  be made on a form approved by the office. The form must shall
 2501  fully advise the applicant of the nature of the coverage being
 2502  rejected. If this form is signed by a named insured, it is will
 2503  be conclusively presumed that there was an informed, knowing
 2504  rejection of the coverage or election of the alternative
 2505  coverage on behalf of all insureds. Unless the policyholder
 2506  requests in writing the coverage specified in this section, it
 2507  need not be provided in or supplemental to any other policy that
 2508  renews, insures, extends, changes, supersedes, or replaces an
 2509  existing policy if when the policyholder has rejected the
 2510  coverage specified in this section or has selected alternative
 2511  coverage. The insurer must provide the such policyholder with
 2512  notice of the availability of such coverage in a form approved
 2513  by the office at least once every 3 years. The failure to
 2514  provide such notice constitutes a violation of this code, but
 2515  does not affect the coverage provided under the policy.
 2516         (3) In the event of a loss for which a dwelling or personal
 2517  property is insured on the basis of replacement costs:
 2518         (a) For a dwelling, the insurer must initially pay at least
 2519  the actual cash value of the insured loss, less any applicable
 2520  deductible. An insured shall subsequently enter into a contract
 2521  for the performance of building and structural repairs. The
 2522  insurer shall pay any remaining amounts incurred to perform such
 2523  repairs as the work is performed. With the exception of
 2524  incidental expenses to mitigate further damage, the insurer or
 2525  any contractor or subcontractor may not require the policyholder
 2526  to advance payment for such repairs or expenses. The insurer may
 2527  waive the requirement for a contract as provided in this
 2528  paragraph. An insured shall have 1 year after the date the
 2529  insurer pays actual cash value to make a claim for replacement
 2530  cost. If a total loss of a dwelling occurs, the insurer shall
 2531  pay the replacement cost coverage without reservation or
 2532  holdback of any depreciation in value, pursuant to s. 627.702.
 2533         (b) For personal property, the insurer may limit its
 2534  initial payment to the actual cash value or 50 percent of the
 2535  replacement cost value, whichever is greater, and must pay the
 2536  reservation or holdback amount upon the insured’s providing a
 2537  receipt for the replaced property. The insurer must provide
 2538  clear notice of this process in the insurance contract shall pay
 2539  the replacement cost without reservation or holdback of any
 2540  depreciation in value, whether or not the insured replaces or
 2541  repairs the dwelling or property.
 2542         (4) A Any homeowner’s insurance policy issued or renewed on
 2543  or after October 1, 2005, must include in bold type no smaller
 2544  than 18 points the following statement:
 2545  
 2546         “LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE
 2547         THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO
 2548         CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE
 2549         NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS
 2550         COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE
 2551         DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT.”
 2552  
 2553  The intent of this subsection is to encourage policyholders to
 2554  purchase sufficient coverage to protect them in case events
 2555  excluded from the standard homeowners policy, such as law and
 2556  ordinance enforcement and flood, combine with covered events to
 2557  produce damage or loss to the insured property. The intent is
 2558  also to encourage policyholders to discuss these issues with
 2559  their insurance agent.
 2560         (5) Nothing in This section does not: shall be construed to
 2561         (a) Apply to policies not considered to be “homeowners’
 2562  policies,” as that term is commonly understood in the insurance
 2563  industry. This section specifically does not
 2564         (b) Apply to mobile home policies. Nothing in this section
 2565         (c) Limit shall be construed as limiting the ability of an
 2566  any insurer to reject or nonrenew any insured or applicant on
 2567  the grounds that the structure does not meet underwriting
 2568  criteria applicable to replacement cost or law and ordinance
 2569  policies or for other lawful reasons.
 2570         (d)(6)This section does not Prohibit an insurer from
 2571  limiting its liability under a policy or endorsement providing
 2572  that loss will be adjusted on the basis of replacement costs to
 2573  the lesser of:
 2574         1.(a) The limit of liability shown on the policy
 2575  declarations page;
 2576         2.(b) The reasonable and necessary cost to repair the
 2577  damaged, destroyed, or stolen covered property; or
 2578         3.(c) The reasonable and necessary cost to replace the
 2579  damaged, destroyed, or stolen covered property.
 2580         (e)(7)This section does not Prohibit an insurer from
 2581  exercising its right to repair damaged property in compliance
 2582  with its policy and s. 627.702(7).
 2583         Section 17. Paragraph (a) of subsection (5) of section
 2584  627.70131, Florida Statutes, is amended to read:
 2585         627.70131 Insurer’s duty to acknowledge communications
 2586  regarding claims; investigation.—
 2587         (5)(a) Within 90 days after an insurer receives notice of
 2588  an initial, reopened, or supplemental a property insurance claim
 2589  from a policyholder, the insurer shall pay or deny such claim or
 2590  a portion of the claim unless the failure to pay such claim or a
 2591  portion of the claim is caused by factors beyond the control of
 2592  the insurer which reasonably prevent such payment. Any payment
 2593  of an initial or supplemental a claim or portion of such a claim
 2594  made paid 90 days after the insurer receives notice of the
 2595  claim, or made paid more than 15 days after there are no longer
 2596  factors beyond the control of the insurer which reasonably
 2597  prevented such payment, whichever is later, bears shall bear
 2598  interest at the rate set forth in s. 55.03. Interest begins to
 2599  accrue from the date the insurer receives notice of the claim.
 2600  The provisions of this subsection may not be waived, voided, or
 2601  nullified by the terms of the insurance policy. If there is a
 2602  right to prejudgment interest, the insured shall select whether
 2603  to receive prejudgment interest or interest under this
 2604  subsection. Interest is payable when the claim or portion of the
 2605  claim is paid. Failure to comply with this subsection
 2606  constitutes a violation of this code. However, failure to comply
 2607  with this subsection does shall not form the sole basis for a
 2608  private cause of action.
 2609         Section 18. The Legislature finds and declares:
 2610         (1) There is a compelling state interest in maintaining a
 2611  viable and orderly private-sector market for property insurance
 2612  in this state. The lack of a viable and orderly property market
 2613  reduces the availability of property insurance coverage to state
 2614  residents, increases the cost of property insurance, and
 2615  increases the state’s reliance on a residual property insurance
 2616  market and its potential for imposing assessments on
 2617  policyholders throughout the state.
 2618         (2) In 2005, the Legislature revised ss. 627.706627.7074,
 2619  Florida Statutes, to adopt certain geological or technical
 2620  terms; to increase reliance on objective, scientific testing
 2621  requirements; and generally to reduce the number of sinkhole
 2622  claims and related disputes arising under prior law. The
 2623  Legislature determined that since the enactment of these
 2624  statutory revisions, both private-sector insurers and Citizens
 2625  Property Insurance Corporation have, nevertheless, continued to
 2626  experience high claims frequency and severity for sinkhole
 2627  insurance claims. In addition, many properties remain unrepaired
 2628  even after loss payments, which reduces the local property tax
 2629  base and adversely affects the real estate market. Therefore,
 2630  the Legislature finds that losses associated with sinkhole
 2631  claims adversely affect the public health, safety, and welfare
 2632  of this state and its citizens.
 2633         (3) Pursuant to sections 19 through 24 of this act,
 2634  technical or scientific definitions adopted in the 2005
 2635  legislation are clarified to implement and advance the
 2636  Legislature’s intended reduction of sinkhole claims and
 2637  disputes. The legal presumption intended by the Legislature is
 2638  clarified to reduce disputes and litigation associated with the
 2639  technical reviews associated with sinkhole claims. Certain other
 2640  revisions to ss. 627.706627.7074, Florida Statutes, are enacted
 2641  to advance legislative intent to rely on scientific or technical
 2642  determinations relating to sinkholes and sinkhole claims, reduce
 2643  the number and cost of disputes relating to sinkhole claims, and
 2644  ensure that repairs are made commensurate with the scientific
 2645  and technical determinations and insurance claims payments.
 2646         Section 19. Section 627.706, Florida Statutes, is reordered
 2647  and amended to read:
 2648         627.706 Sinkhole insurance; catastrophic ground cover
 2649  collapse; definitions.—
 2650         (1) Every insurer authorized to transact residential
 2651  property insurance, as described in s. 627.4025, in this state
 2652  must shall provide coverage for a catastrophic ground cover
 2653  collapse. However, the insurer may restrict such coverage to the
 2654  principal building, as defined in the applicable policy. The
 2655  insurer may and shall make available, for an appropriate
 2656  additional premium, coverage for sinkhole losses on any
 2657  structure, including the contents of personal property contained
 2658  therein, to the extent provided in the form to which the
 2659  coverage attaches. A policy for residential property insurance
 2660  may include a deductible amount applicable to sinkhole losses,
 2661  including any expenses incurred by an insurer investigating
 2662  whether sinkhole activity is present. The deductible may be
 2663  equal to 1 percent, 2 percent, 5 percent, or 10 percent of the
 2664  policy dwelling limits, with appropriate premium discounts
 2665  offered with each deductible amount.
 2666         (2) As used in ss. 627.706-627.7074, and as used in
 2667  connection with any policy providing coverage for a catastrophic
 2668  ground cover collapse or for sinkhole losses, the term:
 2669         (a) “Catastrophic ground cover collapse” means geological
 2670  activity that results in all the following:
 2671         1. The abrupt collapse of the ground cover;
 2672         2. A depression in the ground cover clearly visible to the
 2673  naked eye;
 2674         3. Structural damage to the covered building, including the
 2675  foundation; and
 2676         4. The insured structure being condemned and ordered to be
 2677  vacated by the governmental agency authorized by law to issue
 2678  such an order for that structure.
 2679  
 2680  Contents coverage applies if there is a loss resulting from a
 2681  catastrophic ground cover collapse. Structural Damage consisting
 2682  merely of the settling or cracking of a foundation, structure,
 2683  or building does not constitute a loss resulting from a
 2684  catastrophic ground cover collapse.
 2685         (b) “Neutral evaluation” means the alternative dispute
 2686  resolution provided in s. 627.7074.
 2687         (c) “Neutral evaluator” means a professional engineer or a
 2688  professional geologist who has completed a course of study in
 2689  alternative dispute resolution designed or approved by the
 2690  department for use in the neutral evaluation process and who is
 2691  determined to be fair and impartial.
 2692         (f)(b) “Sinkhole” means a landform created by subsidence of
 2693  soil, sediment, or rock as underlying strata are dissolved by
 2694  groundwater. A sinkhole forms may form by collapse into
 2695  subterranean voids created by dissolution of limestone or
 2696  dolostone or by subsidence as these strata are dissolved.
 2697         (h)(c) “Sinkhole loss” means structural damage to the
 2698  covered building, including the foundation, caused by sinkhole
 2699  activity. Contents coverage and additional living expenses shall
 2700  apply only if there is structural damage to the covered building
 2701  caused by sinkhole activity.
 2702         (g)(d) “Sinkhole activity” means settlement or systematic
 2703  weakening of the earth supporting such property only if the when
 2704  such settlement or systematic weakening results from
 2705  contemporary movement or raveling of soils, sediments, or rock
 2706  materials into subterranean voids created by the effect of water
 2707  on a limestone or similar rock formation.
 2708         (d)(e) “Professional engineer” means a person, as defined
 2709  in s. 471.005, who has a bachelor’s degree or higher in
 2710  engineering and has successfully completed at least five courses
 2711  in any combination of the following: geotechnical engineering,
 2712  structural engineering, soil mechanics, foundations, or geology
 2713  with a specialty in the geotechnical engineering field. A
 2714  professional engineer must also have geotechnical experience and
 2715  expertise in the identification of sinkhole activity as well as
 2716  other potential causes of structural damage to the structure.
 2717         (e)(f) “Professional geologist” means a person, as defined
 2718  in by s. 492.102, who has a bachelor’s degree or higher in
 2719  geology or related earth science and with expertise in the
 2720  geology of Florida. A professional geologist must have
 2721  geological experience and expertise in the identification of
 2722  sinkhole activity as well as other potential geologic causes of
 2723  structural damage to the structure.
 2724         (i) “Structural damage” means:
 2725         1. A covered building that suffers foundation movement
 2726  outside an acceptable variance under the applicable building
 2727  code;
 2728         2. Damage to a covered building, including the foundation,
 2729  which prevents the primary structural members or primary
 2730  structural systems from supporting the loads and forces they
 2731  were designed to support; and
 2732         3. As may be further defined by the applicable policy.
 2733         (3) On or before June 1, 2007, Every insurer authorized to
 2734  transact property insurance in this state shall make a proper
 2735  filing with the office for the purpose of extending the
 2736  appropriate forms of property insurance to include coverage for
 2737  catastrophic ground cover collapse or for sinkhole losses.
 2738  coverage for catastrophic ground cover collapse may not go into
 2739  effect until the effective date provided for in the filing
 2740  approved by the office.
 2741         (3)(4) Insurers offering policies that exclude coverage for
 2742  sinkhole losses must shall inform policyholders in bold type of
 2743  not less than 14 points as follows: “YOUR POLICY PROVIDES
 2744  COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS
 2745  IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE,
 2746  YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU
 2747  MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN
 2748  ADDITIONAL PREMIUM.”
 2749         (4)(5) An insurer offering sinkhole coverage to
 2750  policyholders before or after the adoption of s. 30, chapter
 2751  2007-1, Laws of Florida, may nonrenew the policies of
 2752  policyholders maintaining sinkhole coverage in Pasco County or
 2753  Hernando County, at the option of the insurer, and provide an
 2754  offer of coverage that to such policyholders which includes
 2755  catastrophic ground cover collapse and excludes sinkhole
 2756  coverage. Insurers acting in accordance with this subsection are
 2757  subject to the following requirements:
 2758         (a) Policyholders must be notified that a nonrenewal is for
 2759  purposes of removing sinkhole coverage, and that the
 2760  policyholder is still being offered a policy that provides
 2761  coverage for catastrophic ground cover collapse.
 2762         (b) Policyholders must be provided an actuarially
 2763  reasonable premium credit or discount for the removal of
 2764  sinkhole coverage and provision of only catastrophic ground
 2765  cover collapse.
 2766         (c) Subject to the provisions of this subsection and the
 2767  insurer’s approved underwriting or insurability guidelines, the
 2768  insurer shall provide each policyholder with the opportunity to
 2769  purchase an endorsement to his or her policy providing sinkhole
 2770  coverage and may require an inspection of the property before
 2771  issuance of a sinkhole coverage endorsement.
 2772         (d) Section 624.4305 does not apply to nonrenewal notices
 2773  issued pursuant to this subsection.
 2774         (5) Any claim, including, but not limited to, initial,
 2775  supplemental, and reopened claims under an insurance policy that
 2776  provides sinkhole coverage is barred unless notice of the claim
 2777  was given to the insurer in accordance with the terms of the
 2778  policy within 2 years after the policyholder knew or reasonably
 2779  should have known about the sinkhole loss.
 2780         Section 20. Section 627.7061, Florida Statutes, is amended
 2781  to read:
 2782         627.7061 Coverage inquiries.—Inquiries about coverage on a
 2783  property insurance contract are not claim activity, unless an
 2784  actual claim is filed by the policyholder which insured that
 2785  results in a company investigation of the claim.
 2786         Section 21. Section 627.7065, Florida Statutes, is
 2787  repealed.
 2788         Section 22. Section 627.707, Florida Statutes, is amended
 2789  to read:
 2790         627.707 Standards for Investigation of sinkhole claims by
 2791  policyholders insurers; insurer payment; nonrenewals.—Upon
 2792  receipt of a claim for a sinkhole loss to a covered building, an
 2793  insurer must meet the following standards in investigating a
 2794  claim:
 2795         (1) The insurer must inspect make an inspection of the
 2796  policyholder’s insured’s premises to determine if there is
 2797  structural has been physical damage that to the structure which
 2798  may be the result of sinkhole activity.
 2799         (2) If the insurer confirms that structural damage exists
 2800  but is unable to identify a valid cause of such damage or
 2801  discovers that such damage is consistent with sinkhole loss
 2802  Following the insurer’s initial inspection, the insurer shall
 2803  engage a professional engineer or a professional geologist to
 2804  conduct testing as provided in s. 627.7072 to determine the
 2805  cause of the loss within a reasonable professional probability
 2806  and issue a report as provided in s. 627.7073, only if sinkhole
 2807  loss is covered under the policy. Except as provided in
 2808  subsection (6), the fees and costs of the professional engineer
 2809  or professional geologist shall be paid by the insurer.:
 2810         (a) The insurer is unable to identify a valid cause of the
 2811  damage or discovers damage to the structure which is consistent
 2812  with sinkhole loss; or
 2813         (b) The policyholder demands testing in accordance with
 2814  this section or s. 627.7072.
 2815         (3) Following the initial inspection of the policyholder’s
 2816  insured premises, the insurer shall provide written notice to
 2817  the policyholder disclosing the following information:
 2818         (a) What the insurer has determined to be the cause of
 2819  damage, if the insurer has made such a determination.
 2820         (b) A statement of the circumstances under which the
 2821  insurer is required to engage a professional engineer or a
 2822  professional geologist to verify or eliminate sinkhole loss and
 2823  to engage a professional engineer to make recommendations
 2824  regarding land and building stabilization and foundation repair.
 2825         (c) A statement regarding the right of the policyholder to
 2826  request testing by a professional engineer or a professional
 2827  geologist and the circumstances under which the policyholder may
 2828  demand certain testing.
 2829         (4) If the insurer determines that there is no sinkhole
 2830  loss, the insurer may deny the claim. If coverage for sinkhole
 2831  loss is available and If the insurer denies the claim on such
 2832  basis, without performing testing under s. 627.7072, the
 2833  policyholder may demand testing by the insurer under s.
 2834  627.7072. The policyholder’s demand for testing must be
 2835  communicated to the insurer in writing within 60 days after the
 2836  policyholder’s receipt of the insurer’s denial of the claim.
 2837         (5)(a)Subject to paragraph (b), If a sinkhole loss is
 2838  verified, the insurer shall pay to stabilize the land and
 2839  building and repair the foundation in accordance with the
 2840  recommendations of the professional engineer retained pursuant
 2841  to subsection (2), as provided under s. 627.7073, and in
 2842  consultation with notice to the policyholder, subject to the
 2843  coverage and terms of the policy. The insurer shall pay for
 2844  other repairs to the structure and contents in accordance with
 2845  the terms of the policy.
 2846         (a)(b) The insurer may limit its total claims payment to
 2847  the actual cash value of the sinkhole loss, which does not
 2848  include including underpinning or grouting or any other repair
 2849  technique performed below the existing foundation of the
 2850  building, until the policyholder enters into a contract for the
 2851  performance of building stabilization or foundation repairs in
 2852  accordance with the recommendations set forth in s. 627.7073.
 2853         (b) In order to prevent additional damage to the building
 2854  or structure, the policyholder must enter into a contract for
 2855  the performance of building stabilization or foundation repairs
 2856  within 90 days after the insurance company confirms coverage for
 2857  the sinkhole loss and notifies the policyholder of such
 2858  confirmation. This time period is tolled if either party invokes
 2859  the neutral evaluation process.
 2860         (c) After the policyholder enters into the contract for the
 2861  performance of building stabilization or foundation repairs, the
 2862  insurer shall pay the amounts necessary to begin and perform
 2863  such repairs as the work is performed and the expenses are
 2864  incurred. The insurer may not require the policyholder to
 2865  advance payment for such repairs. If repair covered by a
 2866  personal lines residential property insurance policy has begun
 2867  and the professional engineer selected or approved by the
 2868  insurer determines that the repair cannot be completed within
 2869  the policy limits, the insurer must either complete the
 2870  professional engineer’s recommended repair or tender the policy
 2871  limits to the policyholder without a reduction for the repair
 2872  expenses incurred.
 2873         (d) The stabilization and all other repairs to the
 2874  structure and contents must be completed within 12 months after
 2875  entering into the contract for repairs described in paragraph
 2876  (b) unless:
 2877         1. There is a mutual agreement between the insurer and the
 2878  policyholder;
 2879         2. The claim is involved with the neutral evaluation
 2880  process;
 2881         3. The claim is in litigation; or
 2882         4. The claim is under appraisal.
 2883         (e)(c) Upon the insurer’s obtaining the written approval of
 2884  the policyholder and any lienholder, the insurer may make
 2885  payment directly to the persons selected by the policyholder to
 2886  perform the land and building stabilization and foundation
 2887  repairs. The decision by the insurer to make payment to such
 2888  persons does not hold the insurer liable for the work performed.
 2889  The policyholder may not accept a rebate from any person
 2890  performing the repairs specified in this section. If a
 2891  policyholder does receive a rebate, coverage is void ab initio
 2892  and the policyholder must refund any payments made under such
 2893  coverage. Any person making the repairs specified in this
 2894  section who offers a rebate, or any policyholder who accepts a
 2895  rebate for such repairs, commits insurance fraud punishable as a
 2896  third degree felony as provided in s. 775.082, s. 775.083, or s.
 2897  775.084.
 2898         (6) Except as provided in subsection (7), the fees and
 2899  costs of the professional engineer or the professional geologist
 2900  shall be paid by the insurer.
 2901         (6)(7) If the insurer obtains, pursuant to s. 627.7073,
 2902  written certification that there is no sinkhole loss or that the
 2903  cause of the damage was not sinkhole activity, and if the
 2904  policyholder has submitted the sinkhole claim without good faith
 2905  grounds for submitting such claim, the policyholder shall
 2906  reimburse the insurer for 50 percent of the actual costs of the
 2907  analyses and services provided under ss. 627.7072 and 627.7073;
 2908  however, a policyholder is not required to reimburse an insurer
 2909  more than the deductible or $2,500, whichever is greater, with
 2910  respect to any claim. A policyholder is required to pay
 2911  reimbursement under this subsection only if the insurer, before
 2912  prior to ordering the analysis under s. 627.7072, informs the
 2913  policyholder in writing of the policyholder’s potential
 2914  liability for reimbursement and gives the policyholder the
 2915  opportunity to withdraw the claim.
 2916         (7)(8)An No insurer may not shall nonrenew any policy of
 2917  property insurance on the basis of filing of claims for partial
 2918  loss caused by sinkhole damage or clay shrinkage if as long as
 2919  the total of such payments does not equal or exceed the current
 2920  policy limits of coverage for the policy in effect on the date
 2921  of loss, for property damage to the covered building, as set
 2922  forth on the declarations page, or if and provided the
 2923  policyholder insured has repaired the structure in accordance
 2924  with the engineering recommendations made pursuant to subsection
 2925  (2) upon which any payment or policy proceeds were based. If the
 2926  insurer pays such limits, it may nonrenew the policy.
 2927         (8)(9) The insurer may engage a professional structural
 2928  engineer to make recommendations as to the repair of the
 2929  structure.
 2930         Section 23. Section 627.7073, Florida Statutes, is amended
 2931  to read:
 2932         627.7073 Sinkhole reports.—
 2933         (1) Upon completion of testing as provided in s. 627.7072,
 2934  the professional engineer or professional geologist shall issue
 2935  a report and certification to the insurer and the policyholder
 2936  as provided in this section.
 2937         (a) Sinkhole loss is verified if, based upon tests
 2938  performed in accordance with s. 627.7072, a professional
 2939  engineer or a professional geologist issues a written report and
 2940  certification stating:
 2941         1. That structural damage to the covered building has been
 2942  identified within a reasonable professional probability.
 2943         2.1. That the cause of the actual physical and structural
 2944  damage is sinkhole activity within a reasonable professional
 2945  probability.
 2946         3.2. That the analyses conducted were of sufficient scope
 2947  to identify sinkhole activity as the cause of damage within a
 2948  reasonable professional probability.
 2949         4.3. A description of the tests performed.
 2950         5.4. A recommendation by the professional engineer of
 2951  methods for stabilizing the land and building and for making
 2952  repairs to the foundation.
 2953         (b) If there is no structural damage or if sinkhole
 2954  activity is eliminated as the cause of such damage to the
 2955  covered building structure, the professional engineer or
 2956  professional geologist shall issue a written report and
 2957  certification to the policyholder and the insurer stating:
 2958         1. That there is no structural damage or the cause of such
 2959  the damage is not sinkhole activity within a reasonable
 2960  professional probability.
 2961         2. That the analyses and tests conducted were of sufficient
 2962  scope to eliminate sinkhole activity as the cause of the
 2963  structural damage within a reasonable professional probability.
 2964         3. A statement of the cause of the structural damage within
 2965  a reasonable professional probability.
 2966         4. A description of the tests performed.
 2967         (c) The respective findings, opinions, and recommendations
 2968  of the professional engineer or professional geologist as to the
 2969  cause of distress to the property and the findings, opinions,
 2970  and recommendations of the insurer’s professional engineer as to
 2971  land and building stabilization and foundation repair set forth
 2972  by s. 627.7072 shall be presumed correct, which presumption
 2973  shifts the burden of proof in accordance with s. 90.302(2). The
 2974  presumption of correctness is based upon public policy concerns
 2975  regarding the affordability of sinkhole coverage, consistency in
 2976  claims handling, and a reduction in the number of disputed
 2977  sinkhole claims.
 2978         (2)(a) Any insurer that has paid a claim for a sinkhole
 2979  loss shall file a copy of the report and certification, prepared
 2980  pursuant to subsection (1), including the legal description of
 2981  the real property and the name of the property owner, with the
 2982  county clerk of court, who shall record the report and
 2983  certification. The insurer shall bear the cost of filing and
 2984  recording one or more reports and certifications the report and
 2985  certification. There shall be no cause of action or liability
 2986  against an insurer for compliance with this section.
 2987         (a) The recording of the report and certification does not:
 2988         1. Constitute a lien, encumbrance, or restriction on the
 2989  title to the real property or constitute a defect in the title
 2990  to the real property;
 2991         2. Create any cause of action or liability against any
 2992  grantor of the real property for breach of any warranty of good
 2993  title or warranty against encumbrances; or
 2994         3. Create any cause of action or liability against any
 2995  title insurer that insures the title to the real property.
 2996         (b) As a precondition to accepting payment for a sinkhole
 2997  loss, the policyholder shall file a copy of any report prepared
 2998  regarding the insured property, including the neutral
 2999  evaluator’s report that indicates that sinkhole activity caused
 3000  the damage claimed.
 3001         (c)(b) The seller of real property upon which a sinkhole
 3002  claim has been made by the seller and paid by the insurer must
 3003  shall disclose to the buyer of such property, before the
 3004  closing, that a claim has been paid, the amount of the payment,
 3005  and whether or not the full amount of the proceeds were used to
 3006  repair the sinkhole damage. Before the closing, the seller must
 3007  also provide to the buyer a copy of the report prepared pursuant
 3008  to subsection (1) and any other report regarding the subject
 3009  property, including the neutral evaluator’s report, as well as a
 3010  copy of the certification indicating that stabilization has been
 3011  completed, if applicable.
 3012         Section 24. Section 627.7074, Florida Statutes, is amended
 3013  to read:
 3014         627.7074 Alternative procedure for resolution of disputed
 3015  sinkhole insurance claims.—
 3016         (1) As used in this section, the term:
 3017         (a) “Neutral evaluation” means the alternative dispute
 3018  resolution provided for in this section.
 3019         (b) “Neutral evaluator” means a professional engineer or a
 3020  professional geologist who has completed a course of study in
 3021  alternative dispute resolution designed or approved by the
 3022  department for use in the neutral evaluation process, who is
 3023  determined to be fair and impartial.
 3024         (1)(2)(a) The department shall:
 3025         (a) Certify and maintain a list of persons who are neutral
 3026  evaluators.
 3027         (b) The department shall Prepare a consumer information
 3028  pamphlet for distribution by insurers to policyholders which
 3029  clearly describes the neutral evaluation process and includes
 3030  information and forms necessary for the policyholder to request
 3031  a neutral evaluation.
 3032         (2) Neutral evaluation is available to either party if a
 3033  sinkhole report has been issued pursuant to s. 627.7073. At a
 3034  minimum, neutral evaluation must determine:
 3035         (a) Causation;
 3036         (b) All methods of stabilization and repair both above and
 3037  below ground;
 3038         (c) The costs for stabilization and all repairs; and
 3039         (d) Information necessary to carry out subsection (12).
 3040         (3) Following the receipt of the report provided under s.
 3041  627.7073 or the denial of a claim for a sinkhole loss, the
 3042  insurer shall notify the policyholder of his or her right to
 3043  participate in the neutral evaluation program under this
 3044  section. Neutral evaluation supersedes the alternative dispute
 3045  resolution process under s. 627.7015, but does not invalidate
 3046  the appraisal clause of the insurance policy. The insurer shall
 3047  provide to the policyholder the consumer information pamphlet
 3048  prepared by the department pursuant to subsection (1)
 3049  electronically or by United States mail paragraph (2)(b).
 3050         (4) Neutral evaluation is nonbinding, but mandatory if
 3051  requested by either party. A request for neutral evaluation may
 3052  be filed with the department by the policyholder or the insurer
 3053  on a form approved by the department. The request for neutral
 3054  evaluation must state the reason for the request and must
 3055  include an explanation of all the issues in dispute at the time
 3056  of the request. Filing a request for neutral evaluation tolls
 3057  the applicable time requirements for filing suit for a period of
 3058  60 days following the conclusion of the neutral evaluation
 3059  process or the time prescribed in s. 95.11, whichever is later.
 3060         (5) Neutral evaluation shall be conducted as an informal
 3061  process in which formal rules of evidence and procedure need not
 3062  be observed. A party to neutral evaluation is not required to
 3063  attend neutral evaluation if a representative of the party
 3064  attends and has the authority to make a binding decision on
 3065  behalf of the party. All parties shall participate in the
 3066  evaluation in good faith. The neutral evaluator must be allowed
 3067  reasonable access to the interior and exterior of insured
 3068  structures to be evaluated or for which a claim has been made.
 3069  Any reports initiated by the policyholder, or an agent of the
 3070  policyholder, confirming a sinkhole loss or disputing another
 3071  sinkhole report regarding insured structures must be provided to
 3072  the neutral evaluator before the evaluator’s physical inspection
 3073  of the insured property.
 3074         (6) The insurer shall pay reasonable the costs associated
 3075  with the neutral evaluation. However, if a party chooses to hire
 3076  a court reporter or stenographer to contemporaneously record and
 3077  document the neutral evaluation, that party must bear such
 3078  costs.
 3079         (7) Upon receipt of a request for neutral evaluation, the
 3080  department shall provide the parties a list of certified neutral
 3081  evaluators. The parties shall mutually select a neutral
 3082  evaluator from the list and promptly inform the department. If
 3083  the parties cannot agree to a neutral evaluator within 10
 3084  business days, The department shall allow the parties to submit
 3085  requests to disqualify evaluators on the list for cause.
 3086         (a) The department shall disqualify neutral evaluators for
 3087  cause based only on any of the following grounds:
 3088         1. A familial relationship exists between the neutral
 3089  evaluator and either party or a representative of either party
 3090  within the third degree.
 3091         2. The proposed neutral evaluator has, in a professional
 3092  capacity, previously represented either party or a
 3093  representative of either party, in the same or a substantially
 3094  related matter.
 3095         3. The proposed neutral evaluator has, in a professional
 3096  capacity, represented another person in the same or a
 3097  substantially related matter and that person’s interests are
 3098  materially adverse to the interests of the parties. The term
 3099  “substantially related matter” means participation by the
 3100  neutral evaluator on the same claim, property, or adjacent
 3101  property.
 3102         4. The proposed neutral evaluator has, within the preceding
 3103  5 years, worked as an employer or employee of any party to the
 3104  case.
 3105         (b) The parties shall appoint a neutral evaluator from the
 3106  department list and promptly inform the department. If the
 3107  parties cannot agree to a neutral evaluator within 14 days, the
 3108  department shall appoint a neutral evaluator from the list of
 3109  certified neutral evaluators. The department shall allow each
 3110  party to disqualify two neutral evaluators without cause. Upon
 3111  selection or appointment, the department shall promptly refer
 3112  the request to the neutral evaluator.
 3113         (c) Within 14 5 business days after the referral, the
 3114  neutral evaluator shall notify the policyholder and the insurer
 3115  of the date, time, and place of the neutral evaluation
 3116  conference. The conference may be held by telephone, if feasible
 3117  and desirable. The neutral evaluator shall make reasonable
 3118  efforts to hold the neutral evaluation conference shall be held
 3119  within 90 45 days after the receipt of the request by the
 3120  department. Failure of the neutral evaluator to hold the
 3121  conference within 90 days does not invalidate either party’s
 3122  right to neutral evaluation or to a neutral evaluation
 3123  conference held outside this timeframe.
 3124         (8) The department shall adopt rules of procedure for the
 3125  neutral evaluation process.
 3126         (8)(9) For policyholders not represented by an attorney, a
 3127  consumer affairs specialist of the department or an employee
 3128  designated as the primary contact for consumers on issues
 3129  relating to sinkholes under s. 20.121 shall be available for
 3130  consultation to the extent that he or she may lawfully do so.
 3131         (9)(10) Evidence of an offer to settle a claim during the
 3132  neutral evaluation process, as well as any relevant conduct or
 3133  statements made in negotiations concerning the offer to settle a
 3134  claim, is inadmissible to prove liability or absence of
 3135  liability for the claim or its value, except as provided in
 3136  subsection (14) (13).
 3137         (10)(11)Regardless of when noticed, any court proceeding
 3138  related to the subject matter of the neutral evaluation shall be
 3139  stayed pending completion of the neutral evaluation and for 5
 3140  days after the filing of the neutral evaluator’s report with the
 3141  court.
 3142         (11) If, based upon his or her professional training and
 3143  credentials, a neutral evaluator is qualified to determine only
 3144  disputes relating to causation or method of repair, the
 3145  department shall allow the neutral evaluator to enlist the
 3146  assistance of another professional from the neutral evaluators
 3147  list not previously stricken, who, based upon his or her
 3148  professional training and credentials, is able to provide an
 3149  opinion as to other disputed issues. A professional who would be
 3150  disqualified for any reason listed in subsection (7) must be
 3151  disqualified. The neutral evaluator may also use the services of
 3152  professional engineers and professional geologists who are not
 3153  certified as neutral evaluators, as well as licensed building
 3154  contractors, in order to ensure that all items in dispute are
 3155  addressed and the neutral evaluation can be completed. Any
 3156  professional engineer, professional geologist, or licensed
 3157  building contractor retained may be disqualified for any of the
 3158  reasons listed in subsection (7). The neutral evaluator may
 3159  request the entity that performed the investigation pursuant to
 3160  s. 627.7072 perform such additional and reasonable testing as
 3161  deemed necessary in the professional opinion of the neutral
 3162  evaluator.
 3163         (12) At For matters that are not resolved by the parties at
 3164  the conclusion of the neutral evaluation, the neutral evaluator
 3165  shall prepare a report describing all matters that are the
 3166  subject of the neutral evaluation, including whether, stating
 3167  that in his or her opinion, the sinkhole loss has been verified
 3168  or eliminated within a reasonable degree of professional
 3169  probability and, if verified, whether the sinkhole activity
 3170  caused structural damage to the covered building, and if so, the
 3171  need for and estimated costs of stabilizing the land and any
 3172  covered structures or buildings and other appropriate
 3173  remediation or necessary building structural repairs due to the
 3174  sinkhole loss. The evaluator’s report shall be sent to all
 3175  parties in attendance at the neutral evaluation and to the
 3176  department, within 14 days after completing the neutral
 3177  evaluation conference.
 3178         (13) The recommendation of the neutral evaluator is not
 3179  binding on any party, and the parties retain access to the
 3180  court. The neutral evaluator’s written recommendation, oral
 3181  testimony, and full report shall be admitted is admissible in
 3182  any subsequent action, litigation, or proceeding relating to the
 3183  claim or to the cause of action giving rise to the claim.
 3184  However, oral or written statements or nonverbal conduct
 3185  intended to make an assertion made by a party or neutral
 3186  evaluator during the course of neutral evaluation, other than
 3187  those statements or conduct expressly required to be admitted by
 3188  this subsection, are confidential and may not be disclosed to a
 3189  person other than a party to neutral evaluation or a party’s
 3190  counsel.
 3191         (14) If the neutral evaluator first verifies the existence
 3192  of a sinkhole that caused structural damage and, second,
 3193  recommends the need for and estimates costs of stabilizing the
 3194  land and any covered structures or buildings and other
 3195  appropriate remediation or building structural repairs, which
 3196  costs exceed the amount that the insurer estimates as necessary
 3197  to stabilize and repair, and the insurer refuses to comply with
 3198  the neutral evaluator’s findings and recommendations has offered
 3199  to pay the policyholder, the insurer is liable to the
 3200  policyholder for up to $2,500 in attorney’s fees for the
 3201  attorney’s participation in the neutral evaluation process. For
 3202  purposes of this subsection, the term “offer to pay” means a
 3203  written offer signed by the insurer or its legal representative
 3204  and delivered to the policyholder within 10 days after the
 3205  insurer receives notice that a request for neutral evaluation
 3206  has been made under this section.
 3207         (15) If the insurer timely agrees in writing to comply and
 3208  timely complies with the recommendation of the neutral
 3209  evaluator, but the policyholder declines to resolve the matter
 3210  in accordance with the recommendation of the neutral evaluator
 3211  pursuant to this section:
 3212         (a) The insurer is not liable for extracontractual damages
 3213  related to a claim for a sinkhole loss but only as related to
 3214  the issues determined by the neutral evaluation process. This
 3215  section does not affect or impair claims for extracontractual
 3216  damages unrelated to the issues determined by the neutral
 3217  evaluation process contained in this section; and
 3218         (b) The actions of the insurer are not a confession of
 3219  judgment or admission of liability, and the insurer is not
 3220  liable for attorney’s fees under s. 627.428 or other provisions
 3221  of the insurance code unless the policyholder obtains a judgment
 3222  that is more favorable than the recommendation of the neutral
 3223  evaluator.
 3224         (16) If the insurer agrees to comply with the neutral
 3225  evaluator’s report, payments shall be made in accordance with
 3226  the terms and conditions of the applicable insurance policy
 3227  pursuant to s. 627.707(5).
 3228         (17) Neutral evaluators are deemed to be agents of the
 3229  department and have immunity from suit as provided in s. 44.107.
 3230         (18) The department shall adopt rules of procedure for the
 3231  neutral evaluation process.
 3232         Section 25. Subsection (1) of section 627.712, Florida
 3233  Statutes, is amended to read:
 3234         627.712 Residential windstorm coverage required;
 3235  availability of exclusions for windstorm or contents.—
 3236         (1) An insurer issuing a residential property insurance
 3237  policy must provide windstorm coverage. Except as provided in
 3238  paragraph (2)(c), this section does not apply with respect to
 3239  risks that are eligible for wind-only coverage from Citizens
 3240  Property Insurance Corporation under s. 627.351(6), and with
 3241  respect to risks that are not eligible for coverage from
 3242  Citizens Property Insurance Corporation under s. 627.351(6)(a)3.
 3243  or 5. A risk ineligible for Citizens coverage by the corporation
 3244  under s. 627.351(6)(a)3. or 5. is exempt from the requirements
 3245  of this section only if the risk is located within the
 3246  boundaries of the coastal high-risk account of the corporation.
 3247         Section 26. Except as otherwise expressly provided in this
 3248  act and except for this section, which shall take effect June 1,
 3249  2011, this act shall take effect July 1, 2011.