Florida Senate - 2011                       CS for CS for SB 408
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; and Banking and Insurance; and Senators Richter
       and Hays
       
       
       601-02340A-11                                          2011408c2
    1                        A bill to be entitled                      
    2         An act relating to property and casualty insurance;
    3         amending s. 215.555, F.S.; revising the definition of
    4         “losses,” relating to the Florida Hurricane
    5         Catastrophe Fund, to exclude certain losses; providing
    6         applicability; amending s. 624.407, F.S.; revising the
    7         amount of surplus funds required for domestic insurers
    8         applying for a certificate of authority after a
    9         certain date; amending s. 624.408, F.S.; revising the
   10         minimum surplus that must be maintained by certain
   11         insurers; authorizing the Office of Insurance
   12         Regulation to reduce the surplus requirement under
   13         specified circumstances; amending s. 624.4095, F.S.;
   14         excluding certain premiums for federal multiple-peril
   15         crop insurance from calculations for an insurer’s
   16         gross writing ratio; requiring insurers to disclose
   17         the gross written premiums for federal multiple-peril
   18         crop insurance in a financial statement; amending s.
   19         624.424, F.S.; revising the frequency that an insurer
   20         may use the same accountant or partner to prepare an
   21         annual audited financial report; amending s. 626.854,
   22         F.S.; providing limitations on the amount of
   23         compensation that may be received by a public adjuster
   24         for a reopened or supplemental claim; providing
   25         statements that may be considered deceptive or
   26         misleading if made in any public adjuster’s
   27         advertisement or solicitation; providing a definition
   28         for the term “written advertisement”; requiring that a
   29         disclaimer be included in any public adjuster’s
   30         written advertisement; providing requirements for such
   31         disclaimer; requiring certain persons who act on
   32         behalf of an insurer to provide notice to the insurer,
   33         claimant, public adjuster, or legal representative for
   34         an onsite inspection of the insured property;
   35         authorizing the insured or claimant to deny access to
   36         the property if notice is not provided; requiring the
   37         public adjuster to ensure prompt notice of certain
   38         property loss claims; providing that an insurer be
   39         allowed to interview the insured directly about the
   40         loss claim; prohibiting the insurer from obstructing
   41         or preventing the public adjuster from communicating
   42         with the insured; requiring that the insurer
   43         communicate with the public adjuster in an effort to
   44         reach an agreement as to the scope of the covered loss
   45         under the insurance policy; prohibiting a public
   46         adjuster from restricting or preventing persons acting
   47         on behalf of the insured from having reasonable access
   48         to the insured or the insured’s property; prohibiting
   49         a public adjuster from restricting or preventing the
   50         insured’s adjuster from having reasonable access to or
   51         inspecting the insured’s property; authorizing the
   52         insured’s adjuster to be present for the inspection;
   53         prohibiting a licensed contractor or subcontractor
   54         from adjusting a claim on behalf of an insured if such
   55         contractor or subcontractor is not a licensed public
   56         adjuster; providing an exception; amending s.
   57         626.8651, F.S.; requiring that a public adjuster
   58         apprentice complete a minimum number of hours of
   59         continuing education to qualify for licensure;
   60         amending s. 626.8796, F.S.; providing requirements for
   61         a public adjuster contract; creating s. 626.70132,
   62         F.S.; requiring that notice of a claim, supplemental
   63         claim, or reopened claim be given to the insurer
   64         within a specified period after a windstorm or
   65         hurricane occurs; providing a definition for the terms
   66         “supplemental claim” or “reopened claim”; providing
   67         applicability; repealing s. 624.0613(4), F.S.,
   68         relating to the requirement that the consumer advocate
   69         for the Chief Financial Officer prepare an annual
   70         report card for each personal residential property
   71         insurer; amending s. 627.062, F.S.; requiring that the
   72         office issue an approval rather than a notice of
   73         intent to approve following its approval of a file and
   74         use filing; authorizing the office to disapprove a
   75         rate filing because the coverage is inadequate or the
   76         insurer charges a higher premium due to certain
   77         discriminatory factors; deleting an obsolete
   78         provision; prohibiting the Office of Insurance
   79         Regulation from, directly or indirectly, impeding the
   80         right of an insurer to acquire policyholders,
   81         advertise or appoint agents, or regulate agent
   82         commissions; revising the information that must be
   83         included in a rate filing relating to certain
   84         reinsurance or financing products; deleting a
   85         provision that prohibited an insurer from making
   86         certain rate filings within a certain period of time
   87         after a rate increase; deleting a provision
   88         prohibiting an insurer from filing for a rate increase
   89         within 6 months after it makes certain rate filings;
   90         deleting obsolete provisions relating to legislation
   91         enacted during the 2003 Special Session D of the
   92         Legislature; amending s. 627.0629, F.S.; providing
   93         legislative intent that insurers provide consumers
   94         with accurate pricing signals for alterations in order
   95         to minimize losses, but that mitigation discounts not
   96         result in a loss of income for the insurer; requiring
   97         rate filings for residential property insurance to
   98         include actuarially reasonable debits that provide
   99         proper pricing; providing for an increase in base
  100         rates if mitigation discounts exceed the aggregate
  101         reduction in expected losses; deleting obsolete
  102         provisions; deleting a requirement that the Office of
  103         Insurance Regulation propose a method for establishing
  104         discounts, debits, credits, and other rate
  105         differentials for hurricane mitigation by a certain
  106         date; requiring the Financial Services Commission to
  107         adopt rules relating to such debits by a certain date;
  108         deleting a provision that prohibits an insurer from
  109         including an expense or profit load in the cost of
  110         reinsurance to replace the Temporary Increase in
  111         Coverage Limits; conforming provisions to changes made
  112         by the act; amending s. 627.351, F.S.; renaming the
  113         “high-risk account” as the “coastal account”; revising
  114         the conditions under which the Citizens policyholder
  115         surcharge may be imposed; providing that members of
  116         the Citizens Property Insurance Corporation Board of
  117         Governors are not prohibited from practicing in a
  118         certain profession if not prohibited by law or
  119         ordinance; prohibiting board members from voting on
  120         certain measures; deleting a requirement that the
  121         board reduce the boundaries of certain high-risk areas
  122         eligible for wind-only coverages under certain
  123         circumstances; amending s. 627.3511, F.S.; conforming
  124         provisions to changes made by the act; amending s.
  125         627.4133, F.S.; revising the requirements for
  126         providing an insured with notice of nonrenewal,
  127         cancellation, or termination of personal lines or
  128         commercial residential property insurance; authorizing
  129         an insurer to cancel policies after 45 days’ notice if
  130         the Office of Insurance Regulation determines that the
  131         cancellation of policies is necessary to protect the
  132         interests of the public or policyholders; authorizing
  133         the Office of Insurance Regulation to place an insurer
  134         under administrative supervision or appoint a receiver
  135         upon the consent of the insurer under certain
  136         circumstances; creating s. 627.43141, F.S.; providing
  137         definitions; requiring the delivery of a “Notice of
  138         Change in Policy Terms” under certain circumstances;
  139         specifying requirements for such notice; specifying
  140         actions constituting proof of notice; authorizing
  141         policy renewals to contain a change in policy terms;
  142         providing that receipt of payment by an insurer is
  143         deemed acceptance of new policy terms by an insured;
  144         providing that the original policy remains in effect
  145         until the occurrence of specified events if an insurer
  146         fails to provide notice; providing intent; amending s.
  147         627.7011, F.S.; requiring the insurer to pay the
  148         actual cash value of an insured loss for a dwelling,
  149         less any applicable deductible; requiring a
  150         policyholder to enter into a contract for the
  151         performance of building and structural repairs unless
  152         waived by the insurer; restricting insurers and
  153         contractors from requiring advance payments for
  154         repairs and expenses; authorizing an insurer to limit
  155         the initial payment for personal property to the
  156         actual cash value of the property to be replaced and
  157         to require the insured to provide receipts for
  158         purchases; requiring the insurer to provide notice of
  159         this process in the insurance contract; prohibiting an
  160         insurer from requiring the insured to advance payment;
  161         amending s. 627.70131, F.S.; specifying application of
  162         certain time periods to initial or supplemental
  163         property insurance claim notices and payments;
  164         providing legislative findings with respect to 2005
  165         statutory changes relating to sinkhole insurance
  166         coverage and statutory changes in this act; amending
  167         s. 627.706, F.S.; authorizing an insurer to limit
  168         coverage for catastrophic ground cover collapse to the
  169         principal building and to have discretion to provide
  170         additional coverage; allowing the deductible to
  171         include costs relating to an investigation of whether
  172         sinkhole activity is present; revising definitions;
  173         defining the term “structural damage”; providing an
  174         insurer with discretion to provide a policyholder with
  175         an opportunity to purchase an endorsement to sinkhole
  176         coverage; placing a 2-year statute of repose on claims
  177         for sinkhole coverage; amending s. 627.7061, F.S.;
  178         conforming provisions to changes made by the act;
  179         repealing s. 627.7065, F.S., relating to the
  180         establishment of a sinkhole database; amending s.
  181         627.707, F.S.; revising provisions relating to the
  182         investigation of sinkholes by insurers; deleting a
  183         requirement that the insurer provide a policyholder
  184         with a statement regarding testing for sinkhole
  185         activity; providing a time limitation for demanding
  186         sinkhole testing by a policyholder and entering into a
  187         contract for repairs; requiring all repairs to be
  188         completed within a certain time; providing exceptions;
  189         providing a criminal penalty on a policyholder for
  190         accepting rebates from persons performing repairs;
  191         amending s. 627.7073, F.S.; revising provisions
  192         relating to inspection reports; providing that the
  193         presumption that the report is correct shifts the
  194         burden of proof; revising the reports that an insurer
  195         must file with the clerk of the court; requiring the
  196         policyholder to file certain reports as a precondition
  197         to accepting payment; amending s. 627.7074, F.S.;
  198         revising provisions relating to neutral evaluation;
  199         requiring evaluation in order to make certain
  200         determinations; requiring that the neutral evaluator
  201         be allowed access to structures being evaluated;
  202         providing grounds for disqualifying an evaluator;
  203         allowing the Department of Financial Services to
  204         appoint an evaluator if the parties cannot come to
  205         agreement; revising the timeframes for scheduling a
  206         neutral evaluation conference; authorizing an
  207         evaluator to enlist another evaluator or other
  208         professionals; providing a time certain for issuing a
  209         report; providing that certain information is
  210         confidential; revising provisions relating to
  211         compliance with the evaluator’s recommendations;
  212         providing that the evaluator is an agent of the
  213         department for the purposes of immunity from suit;
  214         requiring the department to adopt rules; amending s.
  215         627.712, F.S.; conforming provisions to changes made
  216         by the act; providing effective dates.
  217  
  218  Be It Enacted by the Legislature of the State of Florida:
  219  
  220         Section 1. Effective June 1, 2011, paragraph (d) of
  221  subsection (2) of section 215.555, Florida Statutes, is amended
  222  to read
  223         215.555 Florida Hurricane Catastrophe Fund.—
  224         (2) DEFINITIONS.—As used in this section:
  225         (d) “Losses” means all direct incurred losses under covered
  226  policies, including which shall include losses for additional
  227  living expenses not to exceed 40 percent of the insured value of
  228  a residential structure or its contents and amounts paid as fees
  229  on behalf of or inuring to the benefit of a policyholder shall
  230  exclude loss adjustment expenses. The term “Losses” does not
  231  include:
  232         1. Losses for fair rental value, loss of rent or rental
  233  income, or business interruption losses;
  234         2. Losses under liability coverages;
  235         3. Property losses that are proximately caused by any peril
  236  other than a covered event, including, but not limited to, fire,
  237  theft, flood or rising water, or windstorm that does not
  238  constitute a covered event;
  239         4. Amounts paid as the result of a voluntary expansion of
  240  coverage by the insurer, including, but not limited to, a waiver
  241  of an applicable deductible;
  242         5. Amounts paid to reimburse a policyholder for condominium
  243  association or homeowners’ association loss assessments or under
  244  similar coverages for contractual liabilities;
  245         6. Amounts paid as bad faith awards, punitive damage
  246  awards, or other court-imposed fines, sanctions, or penalties;
  247         7. Amounts in excess of the coverage limits under the
  248  covered policy; or
  249         8. Allocated or unallocated loss adjustment expenses.
  250         Section 2. The amendment to s. 215.555, Florida Statutes,
  251  made by this act applies first to the Florida Hurricane
  252  Catastrophe Fund reimbursement contract that takes effect June
  253  1, 2011.
  254         Section 3. Section 624.407, Florida Statutes, is amended to
  255  read:
  256         624.407 Surplus Capital funds required; new insurers.—
  257         (1) To receive authority to transact any one kind or
  258  combinations of kinds of insurance, as defined in part V of this
  259  chapter, an insurer applying for its original certificate of
  260  authority in this state after November 10, 1993, the effective
  261  date of this section shall possess surplus funds as to
  262  policyholders at least not less than the greater of:
  263         (a) Five million dollars For a property and casualty
  264  insurer, $5 million, or $2.5 million for any other insurer;
  265         (b) For life insurers, 4 percent of the insurer’s total
  266  liabilities;
  267         (c) For life and health insurers, 4 percent of the
  268  insurer’s total liabilities, plus 6 percent of the insurer’s
  269  liabilities relative to health insurance; or
  270         (d) For all insurers other than life insurers and life and
  271  health insurers, 10 percent of the insurer’s total liabilities;
  272  or
  273         (e) Notwithstanding paragraph (a) or paragraph (d), for a
  274  domestic insurer that transacts residential property insurance
  275  and is:
  276         1. Not a wholly owned subsidiary of an insurer domiciled in
  277  any other state, $15 million.
  278         2.however, a domestic insurer that transacts residential
  279  property insurance and is A wholly owned subsidiary of an
  280  insurer domiciled in any other state, shall possess surplus as
  281  to policyholders of at least $50 million.
  282         (2) Notwithstanding subsection (1), a new insurer may not
  283  be required, but no insurer shall be required under this
  284  subsection to have surplus as to policyholders greater than $100
  285  million.
  286         (3)(2) The requirements of this section shall be based upon
  287  all the kinds of insurance actually transacted or to be
  288  transacted by the insurer in any and all areas in which it
  289  operates, whether or not only a portion of such kinds of
  290  insurance are to be transacted in this state.
  291         (4)(3) As to surplus funds as to policyholders required for
  292  qualification to transact one or more kinds of insurance,
  293  domestic mutual insurers are governed by chapter 628, and
  294  domestic reciprocal insurers are governed by chapter 629.
  295         (5)(4) For the purposes of this section, liabilities do
  296  shall not include liabilities required under s. 625.041(4). For
  297  purposes of computing minimum surplus funds as to policyholders
  298  pursuant to s. 625.305(1), liabilities shall include liabilities
  299  required under s. 625.041(4).
  300         (6)(5) The provisions of this section, as amended by
  301  chapter 89-360, Laws of Florida this act, shall apply only to
  302  insurers applying for a certificate of authority on or after
  303  October 1, 1989 the effective date of this act.
  304         Section 4. Section 624.408, Florida Statutes, is amended to
  305  read:
  306         624.408 Surplus funds as to policyholders required; current
  307  new and existing insurers.—
  308         (1)(a) To maintain a certificate of authority to transact
  309  any one kind or combinations of kinds of insurance, as defined
  310  in part V of this chapter, an insurer in this state must shall
  311  at all times maintain surplus funds as to policyholders at least
  312  not less than the greater of:
  313         (a)1. Except as provided in paragraphs (e),(f), and (g)
  314  subparagraph 5. and paragraph (b), $1.5 million.;
  315         (b)2. For life insurers, 4 percent of the insurer’s total
  316  liabilities.;
  317         (c)3. For life and health insurers, 4 percent of the
  318  insurer’s total liabilities plus 6 percent of the insurer’s
  319  liabilities relative to health insurance.; or
  320         (d)4. For all insurers other than mortgage guaranty
  321  insurers, life insurers, and life and health insurers, 10
  322  percent of the insurer’s total liabilities.
  323         (e)5. For property and casualty insurers, $4 million,
  324  except for property and casualty insurers authorized to
  325  underwrite any line of residential property insurance.
  326         (f)(b) For residential any property insurers not and
  327  casualty insurer holding a certificate of authority before July
  328  1, 2011 on December 1, 1993, $15 million. the
  329         (g) For residential property insurers holding a certificate
  330  of authority before July 1, 2011, and until June 30, 2016, $5
  331  million; on or after July 1, 2016, and until June 30, 2021, $10
  332  million; on or after July 1, 2021, $15 million. The office may
  333  reduce this surplus requirement if the insurer is not writing
  334  new business, has premiums in force of less than $1 million per
  335  year in residential property insurance, or is a mutual insurance
  336  company. following amounts apply instead of the $4 million
  337  required by subparagraph (a)5.:
  338         1.On December 31, 2001, and until December 30, 2002, $3
  339  million.
  340         2.On December 31, 2002, and until December 30, 2003, $3.25
  341  million.
  342         3.On December 31, 2003, and until December 30, 2004, $3.6
  343  million.
  344         4.On December 31, 2004, and thereafter, $4 million.
  345         (2) For purposes of this section, liabilities do shall not
  346  include liabilities required under s. 625.041(4). For purposes
  347  of computing minimum surplus as to policyholders pursuant to s.
  348  625.305(1), liabilities shall include liabilities required under
  349  s. 625.041(4).
  350         (3) This section does not require an No insurer shall be
  351  required under this section to have surplus as to policyholders
  352  greater than $100 million.
  353         (4) A mortgage guaranty insurer shall maintain a minimum
  354  surplus as required by s. 635.042.
  355         Section 5. Subsection (7) is added to section 624.4095,
  356  Florida Statutes, to read:
  357         624.4095 Premiums written; restrictions.—
  358         (7)For the purposes of this section and ss. 624.407 and
  359  624.408, with respect to capital and surplus requirements, gross
  360  written premiums for federal multiple-peril crop insurance which
  361  are ceded to the Federal Crop Insurance Corporation or
  362  authorized reinsurers may not be included in the calculation of
  363  an insurer’s gross writing ratio. The liabilities for ceded
  364  reinsurance premiums payable for federal multiple-peril crop
  365  insurance ceded to the Federal Crop Insurance Corporation and
  366  authorized reinsurers shall be netted against the asset for
  367  amounts recoverable from reinsurers. Each insurer that writes
  368  other insurance products together with federal multiple-peril
  369  crop insurance must disclose in the notes to its annual and
  370  quarterly financial statements, or in a supplement to those
  371  statements, the gross written premiums for federal multiple
  372  peril crop insurance.
  373         Section 6. Paragraph (d) of subsection (8) of section
  374  624.424, Florida Statutes, is amended to read:
  375         624.424 Annual statement and other information.—
  376         (8)
  377         (d) An insurer may not use the same accountant or partner
  378  of an accounting firm responsible for preparing the report
  379  required by this subsection for more than 5 7 consecutive years.
  380  Following this period, the insurer may not use such accountant
  381  or partner for a period of 5 2 years, but may use another
  382  accountant or partner of the same firm. An insurer may request
  383  the office to waive this prohibition based upon an unusual
  384  hardship to the insurer and a determination that the accountant
  385  is exercising independent judgment that is not unduly influenced
  386  by the insurer considering such factors as the number of
  387  partners, expertise of the partners or the number of insurance
  388  clients of the accounting firm; the premium volume of the
  389  insurer; and the number of jurisdictions in which the insurer
  390  transacts business.
  391         Section 7. Effective June 1, 2011, subsection (11) of
  392  section 626.854, Florida Statutes, is amended to read:
  393         626.854 “Public adjuster” defined; prohibitions.—The
  394  Legislature finds that it is necessary for the protection of the
  395  public to regulate public insurance adjusters and to prevent the
  396  unauthorized practice of law.
  397         (11)(a) If a public adjuster enters into a contract with an
  398  insured or claimant to reopen a claim or to file a supplemental
  399  claim that seeks additional payments for a claim that has been
  400  previously paid in part or in full or settled by the insurer,
  401  the public adjuster may not charge, agree to, or accept any
  402  compensation, payment, commission, fee, or other thing of value
  403  based on a previous settlement or previous claim payments by the
  404  insurer for the same cause of loss. The charge, compensation,
  405  payment, commission, fee, or other thing of value must may be
  406  based only on the claim payments or settlement obtained through
  407  the work of the public adjuster after entering into the contract
  408  with the insured or claimant. Compensation for the reopened or
  409  supplemental claim may not exceed 20 percent of the reopened or
  410  supplemental claim payment. The contracts described in this
  411  paragraph are not subject to the limitations in paragraph (b).
  412         (b) A public adjuster may not charge, agree to, or accept
  413  any compensation, payment, commission, fee, or other thing of
  414  value in excess of:
  415         1. Ten percent of the amount of insurance claim payments
  416  made by the insurer for claims based on events that are the
  417  subject of a declaration of a state of emergency by the
  418  Governor. This provision applies to claims made during the
  419  period of 1 year after the declaration of emergency. After that
  420  year, the limitations in subparagraph 2. apply.
  421         2. Twenty percent of the amount of all other insurance
  422  claim payments made by the insurer for claims that are not based
  423  on events that are the subject of a declaration of a state of
  424  emergency by the Governor.
  425  
  426  The provisions of subsections (5)-(13) apply only to residential
  427  property insurance policies and condominium association policies
  428  as defined in s. 718.111(11).
  429         Section 8. Effective January 1, 2012, section 626.854,
  430  Florida Statutes, as amended by this act, is amended to read:
  431         626.854 “Public adjuster” defined; prohibitions.—The
  432  Legislature finds that it is necessary for the protection of the
  433  public to regulate public insurance adjusters and to prevent the
  434  unauthorized practice of law.
  435         (1) A “public adjuster” is any person, except a duly
  436  licensed attorney at law as exempted under hereinafter in s.
  437  626.860 provided, who, for money, commission, or any other thing
  438  of value, prepares, completes, or files an insurance claim form
  439  for an insured or third-party claimant or who, for money,
  440  commission, or any other thing of value, acts or aids in any
  441  manner on behalf of, or aids an insured or third-party claimant
  442  in negotiating for or effecting the settlement of a claim or
  443  claims for loss or damage covered by an insurance contract or
  444  who advertises for employment as an adjuster of such claims. The
  445  term, and also includes any person who, for money, commission,
  446  or any other thing of value, solicits, investigates, or adjusts
  447  such claims on behalf of a any such public adjuster.
  448         (2) This definition does not apply to:
  449         (a) A licensed health care provider or employee thereof who
  450  prepares or files a health insurance claim form on behalf of a
  451  patient.
  452         (b) A person who files a health claim on behalf of another
  453  and does so without compensation.
  454         (3) A public adjuster may not give legal advice or. A
  455  public adjuster may not act on behalf of or aid any person in
  456  negotiating or settling a claim relating to bodily injury,
  457  death, or noneconomic damages.
  458         (4) For purposes of this section, the term “insured”
  459  includes only the policyholder and any beneficiaries named or
  460  similarly identified in the policy.
  461         (5) A public adjuster may not directly or indirectly
  462  through any other person or entity solicit an insured or
  463  claimant by any means except on Monday through Saturday of each
  464  week and only between the hours of 8 a.m. and 8 p.m. on those
  465  days.
  466         (6) A public adjuster may not directly or indirectly
  467  through any other person or entity initiate contact or engage in
  468  face-to-face or telephonic solicitation or enter into a contract
  469  with any insured or claimant under an insurance policy until at
  470  least 48 hours after the occurrence of an event that may be the
  471  subject of a claim under the insurance policy unless contact is
  472  initiated by the insured or claimant.
  473         (7) An insured or claimant may cancel a public adjuster’s
  474  contract to adjust a claim without penalty or obligation within
  475  3 business days after the date on which the contract is executed
  476  or within 3 business days after the date on which the insured or
  477  claimant has notified the insurer of the claim, by phone or in
  478  writing, whichever is later. The public adjuster’s contract must
  479  shall disclose to the insured or claimant his or her right to
  480  cancel the contract and advise the insured or claimant that
  481  notice of cancellation must be submitted in writing and sent by
  482  certified mail, return receipt requested, or other form of
  483  mailing that which provides proof thereof, to the public
  484  adjuster at the address specified in the contract; provided,
  485  during any state of emergency as declared by the Governor and
  486  for a period of 1 year after the date of loss, the insured or
  487  claimant has shall have 5 business days after the date on which
  488  the contract is executed to cancel a public adjuster’s contract.
  489         (8) It is an unfair and deceptive insurance trade practice
  490  pursuant to s. 626.9541 for a public adjuster or any other
  491  person to circulate or disseminate any advertisement,
  492  announcement, or statement containing any assertion,
  493  representation, or statement with respect to the business of
  494  insurance which is untrue, deceptive, or misleading.
  495         (a) The following statements, made in any public adjuster’s
  496  advertisement or solicitation, are considered deceptive or
  497  misleading:
  498         1. A statement or representation that invites an insured
  499  policyholder to submit a claim when the policyholder does not
  500  have covered damage to insured property.
  501         2. A statement or representation that invites an insured
  502  policyholder to submit a claim by offering monetary or other
  503  valuable inducement.
  504         3. A statement or representation that invites an insured
  505  policyholder to submit a claim by stating that there is “no
  506  risk” to the policyholder by submitting such claim.
  507         4. A statement or representation, or use of a logo or
  508  shield, that implies or could mistakenly be construed to imply
  509  that the solicitation was issued or distributed by a
  510  governmental agency or is sanctioned or endorsed by a
  511  governmental agency.
  512         (b) For purposes of this paragraph, the term “written
  513  advertisement” includes only newspapers, magazines, flyers, and
  514  bulk mailers. The following disclaimer, which is not required to
  515  be printed on standard size business cards, must be added in
  516  bold print and capital letters in typeface no smaller than the
  517  typeface of the body of the text to all written advertisements
  518  by a public adjuster:
  519         “THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD
  520         A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU
  521         ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU
  522         MAY DISREGARD THIS ADVERTISEMENT.”
  523  
  524         (9) A public adjuster, a public adjuster apprentice, or any
  525  person or entity acting on behalf of a public adjuster or public
  526  adjuster apprentice may not give or offer to give a monetary
  527  loan or advance to a client or prospective client.
  528         (10) A public adjuster, public adjuster apprentice, or any
  529  individual or entity acting on behalf of a public adjuster or
  530  public adjuster apprentice may not give or offer to give,
  531  directly or indirectly, any article of merchandise having a
  532  value in excess of $25 to any individual for the purpose of
  533  advertising or as an inducement to entering into a contract with
  534  a public adjuster.
  535         (11)(a) If a public adjuster enters into a contract with an
  536  insured or claimant to reopen a claim or file a supplemental
  537  claim that seeks additional payments for a claim that has been
  538  previously paid in part or in full or settled by the insurer,
  539  the public adjuster may not charge, agree to, or accept any
  540  compensation, payment, commission, fee, or other thing of value
  541  based on a previous settlement or previous claim payments by the
  542  insurer for the same cause of loss. The charge, compensation,
  543  payment, commission, fee, or other thing of value must be based
  544  only on the claim payments or settlement obtained through the
  545  work of the public adjuster after entering into the contract
  546  with the insured or claimant. Compensation for the reopened or
  547  supplemental claim may not exceed 20 percent of the reopened or
  548  supplemental claim payment. The contracts described in this
  549  paragraph are not subject to the limitations in paragraph (b).
  550         (b) A public adjuster may not charge, agree to, or accept
  551  any compensation, payment, commission, fee, or other thing of
  552  value in excess of:
  553         1. Ten percent of the amount of insurance claim payments
  554  made by the insurer for claims based on events that are the
  555  subject of a declaration of a state of emergency by the
  556  Governor. This provision applies to claims made during the year
  557  after the declaration of emergency. After that year, the
  558  limitations in subparagraph 2. apply.
  559         2. Twenty percent of the amount of insurance claim payments
  560  made by the insurer for claims that are not based on events that
  561  are the subject of a declaration of a state of emergency by the
  562  Governor.
  563         (12) Each public adjuster must shall provide to the
  564  claimant or insured a written estimate of the loss to assist in
  565  the submission of a proof of loss or any other claim for payment
  566  of insurance proceeds. The public adjuster shall retain such
  567  written estimate for at least 5 years and shall make the such
  568  estimate available to the claimant or insured and the department
  569  upon request.
  570         (13) A public adjuster, public adjuster apprentice, or any
  571  person acting on behalf of a public adjuster or apprentice may
  572  not accept referrals of business from any person with whom the
  573  public adjuster conducts business if there is any form or manner
  574  of agreement to compensate the person, whether directly or
  575  indirectly, for referring business to the public adjuster. A
  576  public adjuster may not compensate any person, except for
  577  another public adjuster, whether directly or indirectly, for the
  578  principal purpose of referring business to the public adjuster.
  579         (14) A company employee adjuster, independent adjuster,
  580  attorney, investigator, or other persons acting on behalf of an
  581  insurer that needs access to an insured or claimant or to the
  582  insured property that is the subject of a claim must provide at
  583  least 48 hours’ notice to the insured or claimant, public
  584  adjuster, or legal representative before scheduling a meeting
  585  with the claimant or an onsite inspection of the insured
  586  property. The insured or claimant may deny access to the
  587  property if the notice has not been provided. The insured or
  588  claimant may waive the 48-hour notice.
  589         (15) A public adjuster must ensure prompt notice of
  590  property loss claims submitted to an insurer by or through a
  591  public adjuster or on which a public adjuster represents the
  592  insured at the time the claim or notice of loss is submitted to
  593  the insurer. The public adjuster must ensure that notice is
  594  given to the insurer, the public adjuster’s contract is provided
  595  to the insurer, the property is available for inspection of the
  596  loss or damage by the insurer, and the insurer is given an
  597  opportunity to interview the insured directly about the loss and
  598  claim. The insurer must be allowed to obtain necessary
  599  information to investigate and respond to the claim.
  600         (a) The insurer may not exclude the public adjuster from
  601  its in-person meetings with the insured. The insurer shall meet
  602  or communicate with the public adjuster in an effort to reach
  603  agreement as to the scope of the covered loss under the
  604  insurance policy. This section does not impair the terms and
  605  conditions of the insurance policy in effect at the time the
  606  claim is filed.
  607         (b) A public adjuster may not restrict or prevent an
  608  insurer, company employee adjuster, independent adjuster,
  609  attorney, investigator, or other person acting on behalf of the
  610  insurer from having reasonable access at reasonable times to an
  611  insured or claimant or to the insured property that is the
  612  subject of a claim.
  613         (c) A public adjuster may not act or fail to reasonably act
  614  in any manner that obstructs or prevents an insurer or insurer’s
  615  adjuster from timely conducting an inspection of any part of the
  616  insured property for which there is a claim for loss or damage.
  617  The public adjuster representing the insured may be present for
  618  the insurer’s inspection, but if the unavailability of the
  619  public adjuster otherwise delays the insurer’s timely inspection
  620  of the property, the public adjuster or the insured must allow
  621  the insurer to have access to the property without the
  622  participation or presence of the public adjuster or insured in
  623  order to facilitate the insurer’s prompt inspection of the loss
  624  or damage.
  625         (16) A licensed contractor under part I of chapter 489, or
  626  a subcontractor, may not adjust a claim on behalf of an insured
  627  unless licensed and compliant as a public adjuster under this
  628  chapter. However, the contractor may discuss or explain a bid
  629  for construction or repair of covered property with the
  630  residential property owner who has suffered loss or damage
  631  covered by a property insurance policy, or the insurer of such
  632  property, if the contractor is doing so for the usual and
  633  customary fees applicable to the work to be performed as stated
  634  in the contract between the contractor and the insured.
  635         (17) The provisions of subsections (5)-(16) (5)-(13) apply
  636  only to residential property insurance policies and condominium
  637  unit owner association policies as defined in s. 718.111(11).
  638         Section 9. Effective January 1, 2012, subsection (6) of
  639  section 626.8651, Florida Statutes, is amended to read:
  640         626.8651 Public adjuster apprentice license;
  641  qualifications.—
  642         (6) To qualify for licensure as a public adjuster, a public
  643  adjuster apprentice must shall complete: at
  644         (a) A minimum of 100 hours of employment per month for 12
  645  months of employment under the supervision of a licensed and
  646  appointed all-lines public adjuster in order to qualify for
  647  licensure as a public adjuster. The department may adopt rules
  648  that establish standards for such employment requirements.
  649         (b) A minimum of 8 hours of continuing education specific
  650  to the practice of a public adjuster, 2 hours of which must
  651  relate to ethics. The continuing education must be designed to
  652  inform the licensee about the current insurance laws of this
  653  state for the purpose of enabling him or her to engage in
  654  business as an insurance adjuster fairly and without injury to
  655  the public and to adjust all claims in accordance with the
  656  insurance contract and the laws of this state.
  657         Section 10. Effective January 1, 2012, section 626.8796,
  658  Florida Statutes, is amended to read:
  659         626.8796 Public adjuster contracts; fraud statement.—
  660         (1) All contracts for public adjuster services must be in
  661  writing and must prominently display the following statement on
  662  the contract: “Pursuant to s. 817.234, Florida Statutes, any
  663  person who, with the intent to injure, defraud, or deceive an
  664  any insurer or insured, prepares, presents, or causes to be
  665  presented a proof of loss or estimate of cost or repair of
  666  damaged property in support of a claim under an insurance policy
  667  knowing that the proof of loss or estimate of claim or repairs
  668  contains any false, incomplete, or misleading information
  669  concerning any fact or thing material to the claim commits a
  670  felony of the third degree, punishable as provided in s.
  671  775.082, s. 775.083, or s. 775.084, Florida Statutes.”
  672         (2) A public adjuster contract must contain the full name,
  673  permanent business address, and license number of the public
  674  adjuster; the full name of the public adjusting firm; and the
  675  insured’s full name and street address, together with a brief
  676  description of the loss. The contract must state the percentage
  677  of compensation for the public adjuster’s services; the type of
  678  claim, including an emergency claim, nonemergency claim, or
  679  supplemental claim; the signatures of the public adjuster and
  680  all named insureds; and the signature date. If all of the named
  681  insureds signatures are not available, the public adjuster must
  682  submit an affidavit signed by the available named insureds
  683  attesting that they have authority to enter into the contract
  684  and settle all claim issues on behalf of the named insureds. An
  685  unaltered copy of the executed contract must be remitted to the
  686  insurer within 30 days after execution.
  687         Section 11. Effective June 1, 2011, section 626.70132,
  688  Florida Statutes, is created to read:
  689         626.70132Notice of windstorm or hurricane claim.—A claim,
  690  supplemental claim, or reopened claim under an insurance policy
  691  that provides property insurance, as defined in s. 624.604, for
  692  loss or damage caused by the peril of windstorm or hurricane is
  693  barred unless notice of the claim, supplemental claim, or
  694  reopened claim was given to the insurer in accordance with the
  695  terms of the policy within 3 years after the hurricane first
  696  made landfall or the windstorm caused the covered damage. For
  697  purposes of this section, the term “supplemental claim” or
  698  “reopened claim” means any additional claim for recovery from
  699  the insurer for losses from the same hurricane or windstorm
  700  which the insurer has previously adjusted pursuant to the
  701  initial claim. This section does not affect any applicable
  702  limitation on civil actions provided in s. 95.11 for claims,
  703  supplemental claims, or reopened claims timely filed under this
  704  section.
  705         Section 12. Subsection (4) of section 627.0613, Florida
  706  Statutes, is repealed.
  707         Section 13. Section 627.062, Florida Statutes, is amended
  708  to read:
  709         627.062 Rate standards.—
  710         (1) The rates for all classes of insurance to which the
  711  provisions of this part are applicable may shall not be
  712  excessive, inadequate, or unfairly discriminatory.
  713         (2) As to all such classes of insurance:
  714         (a) Insurers or rating organizations shall establish and
  715  use rates, rating schedules, or rating manuals that to allow the
  716  insurer a reasonable rate of return on the such classes of
  717  insurance written in this state. A copy of rates, rating
  718  schedules, rating manuals, premium credits or discount
  719  schedules, and surcharge schedules, and changes thereto, must
  720  shall be filed with the office under one of the following
  721  procedures except as provided in subparagraph 3.:
  722         1. If the filing is made at least 90 days before the
  723  proposed effective date and the filing is not implemented during
  724  the office’s review of the filing and any proceeding and
  725  judicial review, then such filing is shall be considered a “file
  726  and use” filing. In such case, the office shall finalize its
  727  review by issuance of an approval a notice of intent to approve
  728  or a notice of intent to disapprove within 90 days after receipt
  729  of the filing. The approval notice of intent to approve and the
  730  notice of intent to disapprove constitute agency action for
  731  purposes of the Administrative Procedure Act. Requests for
  732  supporting information, requests for mathematical or mechanical
  733  corrections, or notification to the insurer by the office of its
  734  preliminary findings does shall not toll the 90-day period
  735  during any such proceedings and subsequent judicial review. The
  736  rate shall be deemed approved if the office does not issue an
  737  approval a notice of intent to approve or a notice of intent to
  738  disapprove within 90 days after receipt of the filing.
  739         2. If the filing is not made in accordance with the
  740  provisions of subparagraph 1., such filing must shall be made as
  741  soon as practicable, but within no later than 30 days after the
  742  effective date, and is shall be considered a “use and file”
  743  filing. An insurer making a “use and file” filing is potentially
  744  subject to an order by the office to return to policyholders
  745  those portions of rates found to be excessive, as provided in
  746  paragraph (h).
  747         3.For all property insurance filings made or submitted
  748  after January 25, 2007, but before December 31, 2010, an insurer
  749  seeking a rate that is greater than the rate most recently
  750  approved by the office shall make a “file and use” filing. For
  751  purposes of this subparagraph, motor vehicle collision and
  752  comprehensive coverages are not considered to be property
  753  coverages.
  754         (b) Upon receiving a rate filing, the office shall review
  755  the rate filing to determine if a rate is excessive, inadequate,
  756  or unfairly discriminatory. In making that determination, the
  757  office shall, in accordance with generally accepted and
  758  reasonable actuarial techniques, consider the following factors:
  759         1. Past and prospective loss experience within and without
  760  this state.
  761         2. Past and prospective expenses.
  762         3. The degree of competition among insurers for the risk
  763  insured.
  764         4. Investment income reasonably expected by the insurer,
  765  consistent with the insurer’s investment practices, from
  766  investable premiums anticipated in the filing, plus any other
  767  expected income from currently invested assets representing the
  768  amount expected on unearned premium reserves and loss reserves.
  769  The commission may adopt rules using reasonable techniques of
  770  actuarial science and economics to specify the manner in which
  771  insurers shall calculate investment income attributable to such
  772  classes of insurance written in this state and the manner in
  773  which such investment income is shall be used to calculate
  774  insurance rates. Such manner must shall contemplate allowances
  775  for an underwriting profit factor and full consideration of
  776  investment income which produce a reasonable rate of return;
  777  however, investment income from invested surplus may not be
  778  considered.
  779         5. The reasonableness of the judgment reflected in the
  780  filing.
  781         6. Dividends, savings, or unabsorbed premium deposits
  782  allowed or returned to Florida policyholders, members, or
  783  subscribers.
  784         7. The adequacy of loss reserves.
  785         8. The cost of reinsurance. The office may shall not
  786  disapprove a rate as excessive solely due to the insurer having
  787  obtained catastrophic reinsurance to cover the insurer’s
  788  estimated 250-year probable maximum loss or any lower level of
  789  loss.
  790         9. Trend factors, including trends in actual losses per
  791  insured unit for the insurer making the filing.
  792         10. Conflagration and catastrophe hazards, if applicable.
  793         11. Projected hurricane losses, if applicable, which must
  794  be estimated using a model or method found to be acceptable or
  795  reliable by the Florida Commission on Hurricane Loss Projection
  796  Methodology, and as further provided in s. 627.0628.
  797         12. A reasonable margin for underwriting profit and
  798  contingencies.
  799         13. The cost of medical services, if applicable.
  800         14. Other relevant factors that affect which impact upon
  801  the frequency or severity of claims or upon expenses.
  802         (c) In the case of fire insurance rates, consideration must
  803  shall be given to the availability of water supplies and the
  804  experience of the fire insurance business during a period of not
  805  less than the most recent 5-year period for which such
  806  experience is available.
  807         (d) If conflagration or catastrophe hazards are considered
  808  given consideration by an insurer in its rates or rating plan,
  809  including surcharges and discounts, the insurer shall establish
  810  a reserve for that portion of the premium allocated to such
  811  hazard and shall maintain the premium in a catastrophe reserve.
  812  Any Removal of such premiums from the reserve for purposes other
  813  than paying claims associated with a catastrophe or purchasing
  814  reinsurance for catastrophes must be approved by shall be
  815  subject to approval of the office. Any ceding commission
  816  received by an insurer purchasing reinsurance for catastrophes
  817  must shall be placed in the catastrophe reserve.
  818         (e) After consideration of the rate factors provided in
  819  paragraphs (b), (c), and (d), the office may find a rate may be
  820  found by the office to be excessive, inadequate, or unfairly
  821  discriminatory based upon the following standards:
  822         1. Rates shall be deemed excessive if they are likely to
  823  produce a profit from Florida business which that is
  824  unreasonably high in relation to the risk involved in the class
  825  of business or if expenses are unreasonably high in relation to
  826  services rendered.
  827         2. Rates shall be deemed excessive if, among other things,
  828  the rate structure established by a stock insurance company
  829  provides for replenishment of surpluses from premiums, if when
  830  the replenishment is attributable to investment losses.
  831         3. Rates shall be deemed inadequate if they are clearly
  832  insufficient, together with the investment income attributable
  833  to them, to sustain projected losses and expenses in the class
  834  of business to which they apply.
  835         4. A rating plan, including discounts, credits, or
  836  surcharges, shall be deemed unfairly discriminatory if it fails
  837  to clearly and equitably reflect consideration of the
  838  policyholder’s participation in a risk management program
  839  adopted pursuant to s. 627.0625.
  840         5. A rate shall be deemed inadequate as to the premium
  841  charged to a risk or group of risks if discounts or credits are
  842  allowed which exceed a reasonable reflection of expense savings
  843  and reasonably expected loss experience from the risk or group
  844  of risks.
  845         6. A rate shall be deemed unfairly discriminatory as to a
  846  risk or group of risks if the application of premium discounts,
  847  credits, or surcharges among such risks does not bear a
  848  reasonable relationship to the expected loss and expense
  849  experience among the various risks.
  850         (f) In reviewing a rate filing, the office may require the
  851  insurer to provide, at the insurer’s expense, all information
  852  necessary to evaluate the condition of the company and the
  853  reasonableness of the filing according to the criteria
  854  enumerated in this section.
  855         (g) The office may at any time review a rate, rating
  856  schedule, rating manual, or rate change; the pertinent records
  857  of the insurer; and market conditions. If the office finds on a
  858  preliminary basis that a rate may be excessive, inadequate, or
  859  unfairly discriminatory, the office shall initiate proceedings
  860  to disapprove the rate and shall so notify the insurer. However,
  861  the office may not disapprove as excessive any rate for which it
  862  has given final approval or which has been deemed approved for a
  863  period of 1 year after the effective date of the filing unless
  864  the office finds that a material misrepresentation or material
  865  error was made by the insurer or was contained in the filing.
  866  Upon being so notified, the insurer or rating organization
  867  shall, within 60 days, file with the office all information that
  868  which, in the belief of the insurer or organization, proves the
  869  reasonableness, adequacy, and fairness of the rate or rate
  870  change. The office shall issue an approval a notice of intent to
  871  approve or a notice of intent to disapprove pursuant to the
  872  procedures of paragraph (a) within 90 days after receipt of the
  873  insurer’s initial response. In such instances and in any
  874  administrative proceeding relating to the legality of the rate,
  875  the insurer or rating organization shall carry the burden of
  876  proof by a preponderance of the evidence to show that the rate
  877  is not excessive, inadequate, or unfairly discriminatory. After
  878  the office notifies an insurer that a rate may be excessive,
  879  inadequate, or unfairly discriminatory, unless the office
  880  withdraws the notification, the insurer may shall not alter the
  881  rate except to conform to with the office’s notice until the
  882  earlier of 120 days after the date the notification was provided
  883  or 180 days after the date of implementing the implementation of
  884  the rate. The office may, subject to chapter 120, may disapprove
  885  without the 60-day notification any rate increase filed by an
  886  insurer within the prohibited time period or during the time
  887  that the legality of the increased rate is being contested.
  888         (h) If In the event the office finds that a rate or rate
  889  change is excessive, inadequate, or unfairly discriminatory, the
  890  office shall issue an order of disapproval specifying that a new
  891  rate or rate schedule, which responds to the findings of the
  892  office, be filed by the insurer. The office shall further order,
  893  for any “use and file” filing made in accordance with
  894  subparagraph (a)2., that premiums charged each policyholder
  895  constituting the portion of the rate above that which was
  896  actuarially justified be returned to the such policyholder in
  897  the form of a credit or refund. If the office finds that an
  898  insurer’s rate or rate change is inadequate, the new rate or
  899  rate schedule filed with the office in response to such a
  900  finding is shall be applicable only to new or renewal business
  901  of the insurer written on or after the effective date of the
  902  responsive filing.
  903         (i) Except as otherwise specifically provided in this
  904  chapter, the office may shall not, directly or indirectly:
  905         1. Prohibit any insurer, including any residual market plan
  906  or joint underwriting association, from paying acquisition costs
  907  based on the full amount of premium, as defined in s. 627.403,
  908  applicable to any policy, or prohibit any such insurer from
  909  including the full amount of acquisition costs in a rate filing;
  910  or.
  911         2. Impede, abridge, or otherwise compromise an insurer’s
  912  right to acquire policyholders, advertise, or appoint agents,
  913  including the calculation, manner, or amount of such agent
  914  commissions, if any.
  915         (j) With respect to residential property insurance rate
  916  filings, the rate filing must account for mitigation measures
  917  undertaken by policyholders to reduce hurricane losses.
  918         (k)1. An insurer may make a separate filing limited solely
  919  to an adjustment of its rates for reinsurance or financing costs
  920  incurred in the purchase of reinsurance or financing products to
  921  replace or finance the payment of the amount covered by the
  922  Temporary Increase in Coverage Limits (TICL) portion of the
  923  Florida Hurricane Catastrophe Fund including replacement
  924  reinsurance for the TICL reductions made pursuant to s.
  925  215.555(17)(e); the actual cost paid due to the application of
  926  the TICL premium factor pursuant to s. 215.555(17)(f); and the
  927  actual cost paid due to the application of the cash build-up
  928  factor pursuant to s. 215.555(5)(b) if the insurer:
  929         a. Elects to purchase financing products such as a
  930  liquidity instrument or line of credit, in which case the cost
  931  included in the filing for the liquidity instrument or line of
  932  credit may not result in a premium increase exceeding 3 percent
  933  for any individual policyholder. All costs contained in the
  934  filing may not result in an overall premium increase of more
  935  than 10 percent for any individual policyholder.
  936         b. An insurer that makes a separate filing relating to
  937  reinsurance or financing products must include Includes in the
  938  filing a copy of all of its reinsurance, liquidity instrument,
  939  or line of credit contracts; proof of the billing or payment for
  940  the contracts; and the calculation upon which the proposed rate
  941  change is based demonstrating demonstrates that the costs meet
  942  the criteria of this section and are not loaded for expenses or
  943  profit for the insurer making the filing.
  944         c.Includes no other changes to its rates in the filing.
  945         d.Has not implemented a rate increase within the 6 months
  946  immediately preceding the filing.
  947         e.Does not file for a rate increase under any other
  948  paragraph within 6 months after making a filing under this
  949  paragraph.
  950         c.f.An insurer that purchases reinsurance or financing
  951  products from an affiliated company may make a separate filing
  952  in compliance with this paragraph does so only if the costs for
  953  such reinsurance or financing products are charged at or below
  954  charges made for comparable coverage by nonaffiliated reinsurers
  955  or financial entities making such coverage or financing products
  956  available in this state.
  957         2. An insurer may only make only one filing per in any 12
  958  month period under this paragraph.
  959         3. An insurer that elects to implement a rate change under
  960  this paragraph must file its rate filing with the office at
  961  least 45 days before the effective date of the rate change.
  962  After an insurer submits a complete filing that meets all of the
  963  requirements of this paragraph, the office has 45 days after the
  964  date of the filing to review the rate filing and determine if
  965  the rate is excessive, inadequate, or unfairly discriminatory.
  966         (l)The office may disapprove a rate for sinkhole coverage
  967  only if the rate is inadequate or the insurer charges an
  968  applicant or an insured a higher premium solely because of the
  969  applicant’s or the insured’s race, religion, sex, national
  970  origin, or marital status. Policies subject to this paragraph
  971  may not be counted in the calculation under s. 627.171(2).
  972  
  973  The provisions of this subsection do shall not apply to workers’
  974  compensation, and employer’s liability insurance, and to motor
  975  vehicle insurance.
  976         (3)(a) For individual risks that are not rated in
  977  accordance with the insurer’s rates, rating schedules, rating
  978  manuals, and underwriting rules filed with the office and that
  979  which have been submitted to the insurer for individual rating,
  980  the insurer must maintain documentation on each risk subject to
  981  individual risk rating. The documentation must identify the
  982  named insured and specify the characteristics and classification
  983  of the risk supporting the reason for the risk being
  984  individually risk rated, including any modifications to existing
  985  approved forms to be used on the risk. The insurer must maintain
  986  these records for a period of at least 5 years after the
  987  effective date of the policy.
  988         (b) Individual risk rates and modifications to existing
  989  approved forms are not subject to this part or part II, except
  990  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  991  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  992  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  993  627.4265, 627.427, and 627.428, but are subject to all other
  994  applicable provisions of this code and rules adopted thereunder.
  995         (c) This subsection does not apply to private passenger
  996  motor vehicle insurance.
  997         (d)1. The following categories or kinds of insurance and
  998  types of commercial lines risks are not subject to paragraph
  999  (2)(a) or paragraph (2)(f):
 1000         a. Excess or umbrella.
 1001         b. Surety and fidelity.
 1002         c. Boiler and machinery and leakage and fire extinguishing
 1003  equipment.
 1004         d. Errors and omissions.
 1005         e. Directors and officers, employment practices, and
 1006  management liability.
 1007         f. Intellectual property and patent infringement liability.
 1008         g. Advertising injury and Internet liability insurance.
 1009         h. Property risks rated under a highly protected risks
 1010  rating plan.
 1011         i. Any other commercial lines categories or kinds of
 1012  insurance or types of commercial lines risks that the office
 1013  determines should not be subject to paragraph (2)(a) or
 1014  paragraph (2)(f) because of the existence of a competitive
 1015  market for such insurance, similarity of such insurance to other
 1016  categories or kinds of insurance not subject to paragraph (2)(a)
 1017  or paragraph (2)(f), or to improve the general operational
 1018  efficiency of the office.
 1019         2. Insurers or rating organizations shall establish and use
 1020  rates, rating schedules, or rating manuals to allow the insurer
 1021  a reasonable rate of return on insurance and risks described in
 1022  subparagraph 1. which are written in this state.
 1023         3. An insurer must notify the office of any changes to
 1024  rates for insurance and risks described in subparagraph 1.
 1025  within no later than 30 days after the effective date of the
 1026  change. The notice must include the name of the insurer, the
 1027  type or kind of insurance subject to rate change, total premium
 1028  written during the immediately preceding year by the insurer for
 1029  the type or kind of insurance subject to the rate change, and
 1030  the average statewide percentage change in rates. Underwriting
 1031  files, premiums, losses, and expense statistics with regard to
 1032  such insurance and risks described in subparagraph 1. written by
 1033  an insurer must shall be maintained by the insurer and subject
 1034  to examination by the office. Upon examination, the office
 1035  shall, in accordance with generally accepted and reasonable
 1036  actuarial techniques, shall consider the rate factors in
 1037  paragraphs (2)(b), (c), and (d) and the standards in paragraph
 1038  (2)(e) to determine if the rate is excessive, inadequate, or
 1039  unfairly discriminatory.
 1040         4. A rating organization must notify the office of any
 1041  changes to loss cost for insurance and risks described in
 1042  subparagraph 1. within no later than 30 days after the effective
 1043  date of the change. The notice must include the name of the
 1044  rating organization, the type or kind of insurance subject to a
 1045  loss cost change, loss costs during the immediately preceding
 1046  year for the type or kind of insurance subject to the loss cost
 1047  change, and the average statewide percentage change in loss
 1048  cost. Loss and exposure statistics with regard to risks
 1049  applicable to loss costs for a rating organization not subject
 1050  to paragraph (2)(a) or paragraph (2)(f) must shall be maintained
 1051  by the rating organization and are subject to examination by the
 1052  office. Upon examination, the office shall, in accordance with
 1053  generally accepted and reasonable actuarial techniques, shall
 1054  consider the rate factors in paragraphs (2)(b)-(d) and the
 1055  standards in paragraph (2)(e) to determine if the rate is
 1056  excessive, inadequate, or unfairly discriminatory.
 1057         5. In reviewing a rate, the office may require the insurer
 1058  to provide, at the insurer’s expense, all information necessary
 1059  to evaluate the condition of the company and the reasonableness
 1060  of the rate according to the applicable criteria described in
 1061  this section.
 1062         (4) The establishment of any rate, rating classification,
 1063  rating plan or schedule, or variation thereof in violation of
 1064  part IX of chapter 626 is also in violation of this section. In
 1065  order to enhance the ability of consumers to compare premiums
 1066  and to increase the accuracy and usefulness of rate-comparison
 1067  information provided by the office to the public, the office
 1068  shall develop a proposed standard rating territory plan to be
 1069  used by all authorized property and casualty insurers for
 1070  residential property insurance. In adopting the proposed plan,
 1071  the office may consider geographical characteristics relevant to
 1072  risk, county lines, major roadways, existing rating territories
 1073  used by a significant segment of the market, and other relevant
 1074  factors. Such plan shall be submitted to the President of the
 1075  Senate and the Speaker of the House of Representatives by
 1076  January 15, 2006. The plan may not be implemented unless
 1077  authorized by further act of the Legislature.
 1078         (5) With respect to a rate filing involving coverage of the
 1079  type for which the insurer is required to pay a reimbursement
 1080  premium to the Florida Hurricane Catastrophe Fund, the insurer
 1081  may fully recoup in its property insurance premiums any
 1082  reimbursement premiums paid to the Florida Hurricane Catastrophe
 1083  fund, together with reasonable costs of other reinsurance;
 1084  however, but except as otherwise provided in this section, the
 1085  insurer may not recoup reinsurance costs that duplicate coverage
 1086  provided by the Florida Hurricane Catastrophe fund. An insurer
 1087  may not recoup more than 1 year of reimbursement premium at a
 1088  time. Any under-recoupment from the prior year may be added to
 1089  the following year’s reimbursement premium, and any over
 1090  recoupment must shall be subtracted from the following year’s
 1091  reimbursement premium.
 1092         (6)(a) If an insurer requests an administrative hearing
 1093  pursuant to s. 120.57 related to a rate filing under this
 1094  section, the director of the Division of Administrative Hearings
 1095  shall expedite the hearing and assign an administrative law
 1096  judge who shall commence the hearing within 30 days after the
 1097  receipt of the formal request and shall enter a recommended
 1098  order within 30 days after the hearing or within 30 days after
 1099  receipt of the hearing transcript by the administrative law
 1100  judge, whichever is later. Each party shall have be allowed 10
 1101  days in which to submit written exceptions to the recommended
 1102  order. The office shall enter a final order within 30 days after
 1103  the entry of the recommended order. The provisions of this
 1104  paragraph may be waived upon stipulation of all parties.
 1105         (b) Upon entry of a final order, the insurer may request a
 1106  expedited appellate review pursuant to the Florida Rules of
 1107  Appellate Procedure. It is the intent of the Legislature that
 1108  the First District Court of Appeal grant an insurer’s request
 1109  for an expedited appellate review.
 1110         (7)(a) The provisions of this subsection apply only with
 1111  respect to rates for medical malpractice insurance and shall
 1112  control to the extent of any conflict with other provisions of
 1113  this section.
 1114         (a)(b) Any portion of a judgment entered or settlement paid
 1115  as a result of a statutory or common-law bad faith action and
 1116  any portion of a judgment entered which awards punitive damages
 1117  against an insurer may not be included in the insurer’s rate
 1118  base, and shall not be used to justify a rate or rate change.
 1119  Any common-law bad faith action identified as such, any portion
 1120  of a settlement entered as a result of a statutory or common-law
 1121  action, or any portion of a settlement wherein an insurer agrees
 1122  to pay specific punitive damages may not be used to justify a
 1123  rate or rate change. The portion of the taxable costs and
 1124  attorney’s fees which is identified as being related to the bad
 1125  faith and punitive damages in these judgments and settlements
 1126  may not be included in the insurer’s rate base and used may not
 1127  be utilized to justify a rate or rate change.
 1128         (b)(c) Upon reviewing a rate filing and determining whether
 1129  the rate is excessive, inadequate, or unfairly discriminatory,
 1130  the office shall consider, in accordance with generally accepted
 1131  and reasonable actuarial techniques, past and present
 1132  prospective loss experience, either using loss experience solely
 1133  for this state or giving greater credibility to this state’s
 1134  loss data after applying actuarially sound methods of assigning
 1135  credibility to such data.
 1136         (c)(d) Rates shall be deemed excessive if, among other
 1137  standards established by this section, the rate structure
 1138  provides for replenishment of reserves or surpluses from
 1139  premiums when the replenishment is attributable to investment
 1140  losses.
 1141         (d)(e) The insurer must apply a discount or surcharge based
 1142  on the health care provider’s loss experience or shall establish
 1143  an alternative method giving due consideration to the provider’s
 1144  loss experience. The insurer must include in the filing a copy
 1145  of the surcharge or discount schedule or a description of the
 1146  alternative method used, and must provide a copy of such
 1147  schedule or description, as approved by the office, to
 1148  policyholders at the time of renewal and to prospective
 1149  policyholders at the time of application for coverage.
 1150         (e)(f) Each medical malpractice insurer must make a rate
 1151  filing under this section, sworn to by at least two executive
 1152  officers of the insurer, at least once each calendar year.
 1153         (8)(a)1.No later than 60 days after the effective date of
 1154  medical malpractice legislation enacted during the 2003 Special
 1155  Session D of the Florida Legislature, the office shall calculate
 1156  a presumed factor that reflects the impact that the changes
 1157  contained in such legislation will have on rates for medical
 1158  malpractice insurance and shall issue a notice informing all
 1159  insurers writing medical malpractice coverage of such presumed
 1160  factor. In determining the presumed factor, the office shall use
 1161  generally accepted actuarial techniques and standards provided
 1162  in this section in determining the expected impact on losses,
 1163  expenses, and investment income of the insurer. To the extent
 1164  that the operation of a provision of medical malpractice
 1165  legislation enacted during the 2003 Special Session D of the
 1166  Florida Legislature is stayed pending a constitutional
 1167  challenge, the impact of that provision shall not be included in
 1168  the calculation of a presumed factor under this subparagraph.
 1169         2.No later than 60 days after the office issues its notice
 1170  of the presumed rate change factor under subparagraph 1., each
 1171  insurer writing medical malpractice coverage in this state shall
 1172  submit to the office a rate filing for medical malpractice
 1173  insurance, which will take effect no later than January 1, 2004,
 1174  and apply retroactively to policies issued or renewed on or
 1175  after the effective date of medical malpractice legislation
 1176  enacted during the 2003 Special Session D of the Florida
 1177  Legislature. Except as authorized under paragraph (b), the
 1178  filing shall reflect an overall rate reduction at least as great
 1179  as the presumed factor determined under subparagraph 1. With
 1180  respect to policies issued on or after the effective date of
 1181  such legislation and prior to the effective date of the rate
 1182  filing required by this subsection, the office shall order the
 1183  insurer to make a refund of the amount that was charged in
 1184  excess of the rate that is approved.
 1185         (b)Any insurer or rating organization that contends that
 1186  the rate provided for in paragraph (a) is excessive, inadequate,
 1187  or unfairly discriminatory shall separately state in its filing
 1188  the rate it contends is appropriate and shall state with
 1189  specificity the factors or data that it contends should be
 1190  considered in order to produce such appropriate rate. The
 1191  insurer or rating organization shall be permitted to use all of
 1192  the generally accepted actuarial techniques provided in this
 1193  section in making any filing pursuant to this subsection. The
 1194  office shall review each such exception and approve or
 1195  disapprove it prior to use. It shall be the insurer’s burden to
 1196  actuarially justify any deviations from the rates required to be
 1197  filed under paragraph (a). The insurer making a filing under
 1198  this paragraph shall include in the filing the expected impact
 1199  of medical malpractice legislation enacted during the 2003
 1200  Special Session D of the Florida Legislature on losses,
 1201  expenses, and rates.
 1202         (c)If any provision of medical malpractice legislation
 1203  enacted during the 2003 Special Session D of the Florida
 1204  Legislature is held invalid by a court of competent
 1205  jurisdiction, the office shall permit an adjustment of all
 1206  medical malpractice rates filed under this section to reflect
 1207  the impact of such holding on such rates so as to ensure that
 1208  the rates are not excessive, inadequate, or unfairly
 1209  discriminatory.
 1210         (d)Rates approved on or before July 1, 2003, for medical
 1211  malpractice insurance shall remain in effect until the effective
 1212  date of a new rate filing approved under this subsection.
 1213         (e)The calculation and notice by the office of the
 1214  presumed factor pursuant to paragraph (a) is not an order or
 1215  rule that is subject to chapter 120. If the office enters into a
 1216  contract with an independent consultant to assist the office in
 1217  calculating the presumed factor, such contract shall not be
 1218  subject to the competitive solicitation requirements of s.
 1219  287.057.
 1220         (8)(9)(a) The chief executive officer or chief financial
 1221  officer of a property insurer and the chief actuary of a
 1222  property insurer must certify under oath and subject to the
 1223  penalty of perjury, on a form approved by the commission, the
 1224  following information, which must accompany a rate filing:
 1225         1. The signing officer and actuary have reviewed the rate
 1226  filing;
 1227         2. Based on the signing officer’s and actuary’s knowledge,
 1228  the rate filing does not contain any untrue statement of a
 1229  material fact or omit to state a material fact necessary in
 1230  order to make the statements made, in light of the circumstances
 1231  under which such statements were made, not misleading;
 1232         3. Based on the signing officer’s and actuary’s knowledge,
 1233  the information and other factors described in paragraph (2)(b),
 1234  including, but not limited to, investment income, fairly present
 1235  in all material respects the basis of the rate filing for the
 1236  periods presented in the filing; and
 1237         4. Based on the signing officer’s and actuary’s knowledge,
 1238  the rate filing reflects all premium savings that are reasonably
 1239  expected to result from legislative enactments and are in
 1240  accordance with generally accepted and reasonable actuarial
 1241  techniques.
 1242         (b) A signing officer or actuary who knowingly makes making
 1243  a false certification under this subsection commits a violation
 1244  of s. 626.9541(1)(e) and is subject to the penalties under s.
 1245  626.9521.
 1246         (c) Failure to provide such certification by the officer
 1247  and actuary shall result in the rate filing being disapproved
 1248  without prejudice to be refiled.
 1249         (d) The commission may adopt rules and forms pursuant to
 1250  ss. 120.536(1) and 120.54 to administer this subsection.
 1251         (9)(10) The burden is on the office to establish that rates
 1252  are excessive for personal lines residential coverage with a
 1253  dwelling replacement cost of $1 million or more or for a single
 1254  condominium unit with a combined dwelling and contents
 1255  replacement cost of $1 million or more. Upon request of the
 1256  office, the insurer shall provide to the office such loss and
 1257  expense information as the office reasonably needs to meet this
 1258  burden.
 1259         (10)(11) Any interest paid pursuant to s. 627.70131(5) may
 1260  not be included in the insurer’s rate base and may not be used
 1261  to justify a rate or rate change.
 1262         Section 14. Subsections (1) and (5) and paragraph (b) of
 1263  subsection (8) of section 627.0629, Florida Statutes, are
 1264  amended to read:
 1265         627.0629 Residential property insurance; rate filings.—
 1266         (1)(a) It is the intent of the Legislature that insurers
 1267  must provide the most accurate pricing signals available in
 1268  order savings to encourage consumers to who install or implement
 1269  windstorm damage mitigation techniques, alterations, or
 1270  solutions to their properties to prevent windstorm losses. It is
 1271  also the intent of the Legislature that implementation of
 1272  mitigation discounts not result in a loss of income to the
 1273  insurers granting the discounts, so that the aggregate of such
 1274  discounts not exceed the aggregate of the expected reduction in
 1275  loss attributable to the mitigation efforts for which discounts
 1276  are granted. A rate filing for residential property insurance
 1277  must include actuarially reasonable discounts, credits, debits,
 1278  or other rate differentials, or appropriate reductions in
 1279  deductibles, which provide the proper pricing for all
 1280  properties. The rate filing must take into account the presence
 1281  or absence of on which fixtures or construction techniques
 1282  demonstrated to reduce the amount of loss in a windstorm which
 1283  have been installed or implemented. The fixtures or construction
 1284  techniques must shall include, but not be limited to, fixtures
 1285  or construction techniques that which enhance roof strength,
 1286  roof covering performance, roof-to-wall strength, wall-to-floor
 1287  to-foundation strength, opening protection, and window, door,
 1288  and skylight strength. Credits, debits, discounts, or other rate
 1289  differentials, or appropriate reductions or increases in
 1290  deductibles, which recognize the presence or absence of for
 1291  fixtures and construction techniques that which meet the minimum
 1292  requirements of the Florida Building Code must be included in
 1293  the rate filing. If an insurer demonstrates that the aggregate
 1294  of its mitigation discounts results in a reduction to revenue
 1295  which exceeds the reduction of the aggregate loss that is
 1296  expected to result from the mitigation, the insurer may recover
 1297  the lost revenue through an increase in its base rates. All
 1298  insurance companies must make a rate filing which includes the
 1299  credits, discounts, or other rate differentials or reductions in
 1300  deductibles by February 28, 2003. By July 1, 2007, the office
 1301  shall reevaluate the discounts, credits, other rate
 1302  differentials, and appropriate reductions in deductibles for
 1303  fixtures and construction techniques that meet the minimum
 1304  requirements of the Florida Building Code, based upon actual
 1305  experience or any other loss relativity studies available to the
 1306  office. The office shall determine the discounts, credits,
 1307  debits, other rate differentials, and appropriate reductions or
 1308  increases in deductibles that reflect the full actuarial value
 1309  of such revaluation, which may be used by insurers in rate
 1310  filings.
 1311         (b) By February 1, 2011, the Office of Insurance
 1312  Regulation, in consultation with the Department of Financial
 1313  Services and the Department of Community Affairs, shall develop
 1314  and make publicly available a proposed method for insurers to
 1315  establish discounts, credits, or other rate differentials for
 1316  hurricane mitigation measures which directly correlate to the
 1317  numerical rating assigned to a structure pursuant to the uniform
 1318  home grading scale adopted by the Financial Services Commission
 1319  pursuant to s. 215.55865, including any proposed changes to the
 1320  uniform home grading scale. By October 1, 2011, the commission
 1321  shall adopt rules requiring insurers to make rate filings for
 1322  residential property insurance which revise insurers’ discounts,
 1323  credits, or other rate differentials for hurricane mitigation
 1324  measures so that such rate differentials correlate directly to
 1325  the uniform home grading scale. The rules may include such
 1326  changes to the uniform home grading scale as the commission
 1327  determines are necessary, and may specify the minimum required
 1328  discounts, credits, or other rate differentials. Such rate
 1329  differentials must be consistent with generally accepted
 1330  actuarial principles and wind-loss mitigation studies. The rules
 1331  shall allow a period of at least 2 years after the effective
 1332  date of the revised mitigation discounts, credits, or other rate
 1333  differentials for a property owner to obtain an inspection or
 1334  otherwise qualify for the revised credit, during which time the
 1335  insurer shall continue to apply the mitigation credit that was
 1336  applied immediately prior to the effective date of the revised
 1337  credit. Discounts, credits, and other rate differentials
 1338  established for rate filings under this paragraph shall
 1339  supersede, after adoption, the discounts, credits, and other
 1340  rate differentials included in rate filings under paragraph (a).
 1341         (5) In order to provide an appropriate transition period,
 1342  an insurer may, in its sole discretion, implement an approved
 1343  rate filing for residential property insurance over a period of
 1344  years. Such An insurer electing to phase in its rate filing must
 1345  provide an informational notice to the office setting out its
 1346  schedule for implementation of the phased-in rate filing. The An
 1347  insurer may include in its rate the actual cost of private
 1348  market reinsurance that corresponds to available coverage of the
 1349  Temporary Increase in Coverage Limits, TICL, from the Florida
 1350  Hurricane Catastrophe Fund. The insurer may also include the
 1351  cost of reinsurance to replace the TICL reduction implemented
 1352  pursuant to s. 215.555(17)(d)9. However, this cost for
 1353  reinsurance may not include any expense or profit load or result
 1354  in a total annual base rate increase in excess of 10 percent.
 1355         (8) EVALUATION OF RESIDENTIAL PROPERTY STRUCTURAL
 1356  SOUNDNESS.—
 1357         (b) To the extent that funds are provided for this purpose
 1358  in the General Appropriations Act, the Legislature hereby
 1359  authorizes the establishment of a program to be administered by
 1360  the Citizens Property Insurance Corporation for homeowners
 1361  insured in the coastal high-risk account is authorized.
 1362         Section 15. Paragraphs (b), (c), (d), (v), and (y) of
 1363  subsection (6) of section 627.351, Florida Statutes, are amended
 1364  to read:
 1365         627.351 Insurance risk apportionment plans.—
 1366         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1367         (b)1. All insurers authorized to write one or more subject
 1368  lines of business in this state are subject to assessment by the
 1369  corporation and, for the purposes of this subsection, are
 1370  referred to collectively as “assessable insurers.” Insurers
 1371  writing one or more subject lines of business in this state
 1372  pursuant to part VIII of chapter 626 are not assessable
 1373  insurers, but insureds who procure one or more subject lines of
 1374  business in this state pursuant to part VIII of chapter 626 are
 1375  subject to assessment by the corporation and are referred to
 1376  collectively as “assessable insureds.” An authorized insurer’s
 1377  assessment liability begins shall begin on the first day of the
 1378  calendar year following the year in which the insurer was issued
 1379  a certificate of authority to transact insurance for subject
 1380  lines of business in this state and terminates shall terminate 1
 1381  year after the end of the first calendar year during which the
 1382  insurer no longer holds a certificate of authority to transact
 1383  insurance for subject lines of business in this state.
 1384         2.a. All revenues, assets, liabilities, losses, and
 1385  expenses of the corporation shall be divided into three separate
 1386  accounts as follows:
 1387         (I) A personal lines account for personal residential
 1388  policies issued by the corporation, or issued by the Residential
 1389  Property and Casualty Joint Underwriting Association and renewed
 1390  by the corporation, which provides that provide comprehensive,
 1391  multiperil coverage on risks that are not located in areas
 1392  eligible for coverage by in the Florida Windstorm Underwriting
 1393  Association as those areas were defined on January 1, 2002, and
 1394  for such policies that do not provide coverage for the peril of
 1395  wind on risks that are located in such areas;
 1396         (II) A commercial lines account for commercial residential
 1397  and commercial nonresidential policies issued by the
 1398  corporation, or issued by the Residential Property and Casualty
 1399  Joint Underwriting Association and renewed by the corporation,
 1400  which provides that provide coverage for basic property perils
 1401  on risks that are not located in areas eligible for coverage by
 1402  in the Florida Windstorm Underwriting Association as those areas
 1403  were defined on January 1, 2002, and for such policies that do
 1404  not provide coverage for the peril of wind on risks that are
 1405  located in such areas; and
 1406         (III) A coastal high-risk account for personal residential
 1407  policies and commercial residential and commercial
 1408  nonresidential property policies issued by the corporation, or
 1409  transferred to the corporation, which provides that provide
 1410  coverage for the peril of wind on risks that are located in
 1411  areas eligible for coverage by in the Florida Windstorm
 1412  Underwriting Association as those areas were defined on January
 1413  1, 2002. The corporation may offer policies that provide
 1414  multiperil coverage and the corporation shall continue to offer
 1415  policies that provide coverage only for the peril of wind for
 1416  risks located in areas eligible for coverage in the coastal
 1417  high-risk account. In issuing multiperil coverage, the
 1418  corporation may use its approved policy forms and rates for the
 1419  personal lines account. An applicant or insured who is eligible
 1420  to purchase a multiperil policy from the corporation may
 1421  purchase a multiperil policy from an authorized insurer without
 1422  prejudice to the applicant’s or insured’s eligibility to
 1423  prospectively purchase a policy that provides coverage only for
 1424  the peril of wind from the corporation. An applicant or insured
 1425  who is eligible for a corporation policy that provides coverage
 1426  only for the peril of wind may elect to purchase or retain such
 1427  policy and also purchase or retain coverage excluding wind from
 1428  an authorized insurer without prejudice to the applicant’s or
 1429  insured’s eligibility to prospectively purchase a policy that
 1430  provides multiperil coverage from the corporation. It is the
 1431  goal of the Legislature that there would be an overall average
 1432  savings of 10 percent or more for a policyholder who currently
 1433  has a wind-only policy with the corporation, and an ex-wind
 1434  policy with a voluntary insurer or the corporation, and who then
 1435  obtains a multiperil policy from the corporation. It is the
 1436  intent of the Legislature that the offer of multiperil coverage
 1437  in the coastal high-risk account be made and implemented in a
 1438  manner that does not adversely affect the tax-exempt status of
 1439  the corporation or creditworthiness of or security for currently
 1440  outstanding financing obligations or credit facilities of the
 1441  coastal high-risk account, the personal lines account, or the
 1442  commercial lines account. The coastal high-risk account must
 1443  also include quota share primary insurance under subparagraph
 1444  (c)2. The area eligible for coverage under the coastal high-risk
 1445  account also includes the area within Port Canaveral, which is
 1446  bordered on the south by the City of Cape Canaveral, bordered on
 1447  the west by the Banana River, and bordered on the north by
 1448  Federal Government property.
 1449         b. The three separate accounts must be maintained as long
 1450  as financing obligations entered into by the Florida Windstorm
 1451  Underwriting Association or Residential Property and Casualty
 1452  Joint Underwriting Association are outstanding, in accordance
 1453  with the terms of the corresponding financing documents. If When
 1454  the financing obligations are no longer outstanding, in
 1455  accordance with the terms of the corresponding financing
 1456  documents, the corporation may use a single account for all
 1457  revenues, assets, liabilities, losses, and expenses of the
 1458  corporation. Consistent with the requirement of this
 1459  subparagraph and prudent investment policies that minimize the
 1460  cost of carrying debt, the board shall exercise its best efforts
 1461  to retire existing debt or to obtain the approval of necessary
 1462  parties to amend the terms of existing debt, so as to structure
 1463  the most efficient plan to consolidate the three separate
 1464  accounts into a single account.
 1465         c. Creditors of the Residential Property and Casualty Joint
 1466  Underwriting Association and of the accounts specified in sub
 1467  sub-subparagraphs a.(I) and (II) may have a claim against, and
 1468  recourse to, those the accounts referred to in sub-sub
 1469  subparagraphs a.(I) and (II) and shall have no claim against, or
 1470  recourse to, the account referred to in sub-sub-subparagraph
 1471  a.(III). Creditors of the Florida Windstorm Underwriting
 1472  Association shall have a claim against, and recourse to, the
 1473  account referred to in sub-sub-subparagraph a.(III) and shall
 1474  have no claim against, or recourse to, the accounts referred to
 1475  in sub-sub-subparagraphs a.(I) and (II).
 1476         d. Revenues, assets, liabilities, losses, and expenses not
 1477  attributable to particular accounts shall be prorated among the
 1478  accounts.
 1479         e. The Legislature finds that the revenues of the
 1480  corporation are revenues that are necessary to meet the
 1481  requirements set forth in documents authorizing the issuance of
 1482  bonds under this subsection.
 1483         f. No part of the income of the corporation may inure to
 1484  the benefit of any private person.
 1485         3. With respect to a deficit in an account:
 1486         a. After accounting for the Citizens policyholder surcharge
 1487  imposed under sub-subparagraph h. i., if when the remaining
 1488  projected deficit incurred in a particular calendar year:
 1489         (I) Is not greater than 6 percent of the aggregate
 1490  statewide direct written premium for the subject lines of
 1491  business for the prior calendar year, the entire deficit shall
 1492  be recovered through regular assessments of assessable insurers
 1493  under paragraph (q) and assessable insureds.
 1494         (II)b.After accounting for the Citizens policyholder
 1495  surcharge imposed under sub-subparagraph i., when the remaining
 1496  projected deficit incurred in a particular calendar year Exceeds
 1497  6 percent of the aggregate statewide direct written premium for
 1498  the subject lines of business for the prior calendar year, the
 1499  corporation shall levy regular assessments on assessable
 1500  insurers under paragraph (q) and on assessable insureds in an
 1501  amount equal to the greater of 6 percent of the deficit or 6
 1502  percent of the aggregate statewide direct written premium for
 1503  the subject lines of business for the prior calendar year. Any
 1504  remaining deficit shall be recovered through emergency
 1505  assessments under sub-subparagraph c. d.
 1506         b.c. Each assessable insurer’s share of the amount being
 1507  assessed under sub-subparagraph a. must or sub-subparagraph b.
 1508  shall be in the proportion that the assessable insurer’s direct
 1509  written premium for the subject lines of business for the year
 1510  preceding the assessment bears to the aggregate statewide direct
 1511  written premium for the subject lines of business for that year.
 1512  The applicable assessment percentage applicable to each
 1513  assessable insured is the ratio of the amount being assessed
 1514  under sub-subparagraph a. or sub-subparagraph b. to the
 1515  aggregate statewide direct written premium for the subject lines
 1516  of business for the prior year. Assessments levied by the
 1517  corporation on assessable insurers under sub-subparagraph a.
 1518  must sub-subparagraphs a. and b. shall be paid as required by
 1519  the corporation’s plan of operation and paragraph (q).
 1520  Assessments levied by the corporation on assessable insureds
 1521  under sub-subparagraph a. sub-subparagraphs a. and b. shall be
 1522  collected by the surplus lines agent at the time the surplus
 1523  lines agent collects the surplus lines tax required by s.
 1524  626.932, and shall be paid to the Florida Surplus Lines Service
 1525  Office at the time the surplus lines agent pays the surplus
 1526  lines tax to that the Florida Surplus Lines Service office. Upon
 1527  receipt of regular assessments from surplus lines agents, the
 1528  Florida Surplus Lines Service Office shall transfer the
 1529  assessments directly to the corporation as determined by the
 1530  corporation.
 1531         c.d. Upon a determination by the board of governors that a
 1532  deficit in an account exceeds the amount that will be recovered
 1533  through regular assessments under sub-subparagraph a. or sub
 1534  subparagraph b., plus the amount that is expected to be
 1535  recovered through surcharges under sub-subparagraph h. i., as to
 1536  the remaining projected deficit the board shall levy, after
 1537  verification by the office, shall levy emergency assessments,
 1538  for as many years as necessary to cover the deficits, to be
 1539  collected by assessable insurers and the corporation and
 1540  collected from assessable insureds upon issuance or renewal of
 1541  policies for subject lines of business, excluding National Flood
 1542  Insurance policies. The amount of the emergency assessment
 1543  collected in a particular year must shall be a uniform
 1544  percentage of that year’s direct written premium for subject
 1545  lines of business and all accounts of the corporation, excluding
 1546  National Flood Insurance Program policy premiums, as annually
 1547  determined by the board and verified by the office. The office
 1548  shall verify the arithmetic calculations involved in the board’s
 1549  determination within 30 days after receipt of the information on
 1550  which the determination was based. Notwithstanding any other
 1551  provision of law, the corporation and each assessable insurer
 1552  that writes subject lines of business shall collect emergency
 1553  assessments from its policyholders without such obligation being
 1554  affected by any credit, limitation, exemption, or deferment.
 1555  Emergency assessments levied by the corporation on assessable
 1556  insureds shall be collected by the surplus lines agent at the
 1557  time the surplus lines agent collects the surplus lines tax
 1558  required by s. 626.932 and shall be paid to the Florida Surplus
 1559  Lines Service Office at the time the surplus lines agent pays
 1560  the surplus lines tax to that the Florida Surplus Lines Service
 1561  office. The emergency assessments so collected shall be
 1562  transferred directly to the corporation on a periodic basis as
 1563  determined by the corporation and shall be held by the
 1564  corporation solely in the applicable account. The aggregate
 1565  amount of emergency assessments levied for an account under this
 1566  sub-subparagraph in any calendar year may, at the discretion of
 1567  the board of governors, be less than but may not exceed the
 1568  greater of 10 percent of the amount needed to cover the deficit,
 1569  plus interest, fees, commissions, required reserves, and other
 1570  costs associated with financing of the original deficit, or 10
 1571  percent of the aggregate statewide direct written premium for
 1572  subject lines of business and for all accounts of the
 1573  corporation for the prior year, plus interest, fees,
 1574  commissions, required reserves, and other costs associated with
 1575  financing the deficit.
 1576         d.e. The corporation may pledge the proceeds of
 1577  assessments, projected recoveries from the Florida Hurricane
 1578  Catastrophe Fund, other insurance and reinsurance recoverables,
 1579  policyholder surcharges and other surcharges, and other funds
 1580  available to the corporation as the source of revenue for and to
 1581  secure bonds issued under paragraph (q), bonds or other
 1582  indebtedness issued under subparagraph (c)3., or lines of credit
 1583  or other financing mechanisms issued or created under this
 1584  subsection, or to retire any other debt incurred as a result of
 1585  deficits or events giving rise to deficits, or in any other way
 1586  that the board determines will efficiently recover such
 1587  deficits. The purpose of the lines of credit or other financing
 1588  mechanisms is to provide additional resources to assist the
 1589  corporation in covering claims and expenses attributable to a
 1590  catastrophe. As used in this subsection, the term “assessments”
 1591  includes regular assessments under sub-subparagraph a., sub
 1592  subparagraph b., or subparagraph (q)1. and emergency assessments
 1593  under sub-subparagraph d. Emergency assessments collected under
 1594  sub-subparagraph d. are not part of an insurer’s rates, are not
 1595  premium, and are not subject to premium tax, fees, or
 1596  commissions; however, failure to pay the emergency assessment
 1597  shall be treated as failure to pay premium. The emergency
 1598  assessments under sub-subparagraph c. d. shall continue as long
 1599  as any bonds issued or other indebtedness incurred with respect
 1600  to a deficit for which the assessment was imposed remain
 1601  outstanding, unless adequate provision has been made for the
 1602  payment of such bonds or other indebtedness pursuant to the
 1603  documents governing such bonds or other indebtedness.
 1604         e.f. As used in this subsection for purposes of any deficit
 1605  incurred on or after January 25, 2007, the term “subject lines
 1606  of business” means insurance written by assessable insurers or
 1607  procured by assessable insureds for all property and casualty
 1608  lines of business in this state, but not including workers’
 1609  compensation or medical malpractice. As used in this the sub
 1610  subparagraph, the term “property and casualty lines of business”
 1611  includes all lines of business identified on Form 2, Exhibit of
 1612  Premiums and Losses, in the annual statement required of
 1613  authorized insurers under by s. 624.424 and any rule adopted
 1614  under this section, except for those lines identified as
 1615  accident and health insurance and except for policies written
 1616  under the National Flood Insurance Program or the Federal Crop
 1617  Insurance Program. For purposes of this sub-subparagraph, the
 1618  term “workers’ compensation” includes both workers’ compensation
 1619  insurance and excess workers’ compensation insurance.
 1620         f.g. The Florida Surplus Lines Service Office shall
 1621  determine annually the aggregate statewide written premium in
 1622  subject lines of business procured by assessable insureds and
 1623  shall report that information to the corporation in a form and
 1624  at a time the corporation specifies to ensure that the
 1625  corporation can meet the requirements of this subsection and the
 1626  corporation’s financing obligations.
 1627         g.h. The Florida Surplus Lines Service Office shall verify
 1628  the proper application by surplus lines agents of assessment
 1629  percentages for regular assessments and emergency assessments
 1630  levied under this subparagraph on assessable insureds and shall
 1631  assist the corporation in ensuring the accurate, timely
 1632  collection and payment of assessments by surplus lines agents as
 1633  required by the corporation.
 1634         h.i. If a deficit is incurred in any account in 2008 or
 1635  thereafter, the board of governors shall levy a Citizens
 1636  policyholder surcharge against all policyholders of the
 1637  corporation. for a 12-month period, which
 1638         (I) The surcharge shall be levied collected at the time of
 1639  issuance or renewal of a policy, as a uniform percentage of the
 1640  premium for the policy of up to 15 percent of such premium,
 1641  which funds shall be used to offset the deficit.
 1642         (II) The surcharge is payable upon cancellation or
 1643  termination of the policy, upon renewal of the policy, or upon
 1644  issuance of a new policy by the corporation within the first 12
 1645  months after the date of the levy or the period of time
 1646  necessary to fully collect the surcharge amount.
 1647         (III) The corporation may not levy any regular assessments
 1648  under paragraph (q) pursuant to sub-subparagraph a. or sub
 1649  subparagraph b. with respect to a particular year’s deficit
 1650  until the corporation has first levied the full amount of the
 1651  surcharge authorized by this sub-subparagraph.
 1652         (IV) The surcharge is Citizens policyholder surcharges
 1653  under this sub-subparagraph are not considered premium and is
 1654  are not subject to commissions, fees, or premium taxes. However,
 1655  failure to pay the surcharge such surcharges shall be treated as
 1656  failure to pay premium.
 1657         i.j. If the amount of any assessments or surcharges
 1658  collected from corporation policyholders, assessable insurers or
 1659  their policyholders, or assessable insureds exceeds the amount
 1660  of the deficits, such excess amounts shall be remitted to and
 1661  retained by the corporation in a reserve to be used by the
 1662  corporation, as determined by the board of governors and
 1663  approved by the office, to pay claims or reduce any past,
 1664  present, or future plan-year deficits or to reduce outstanding
 1665  debt.
 1666         (c) The corporation’s plan of operation of the corporation:
 1667         1. Must provide for adoption of residential property and
 1668  casualty insurance policy forms and commercial residential and
 1669  nonresidential property insurance forms, which forms must be
 1670  approved by the office before prior to use. The corporation
 1671  shall adopt the following policy forms:
 1672         a. Standard personal lines policy forms that are
 1673  comprehensive multiperil policies providing full coverage of a
 1674  residential property equivalent to the coverage provided in the
 1675  private insurance market under an HO-3, HO-4, or HO-6 policy.
 1676         b. Basic personal lines policy forms that are policies
 1677  similar to an HO-8 policy or a dwelling fire policy that provide
 1678  coverage meeting the requirements of the secondary mortgage
 1679  market, but which coverage is more limited than the coverage
 1680  under a standard policy.
 1681         c. Commercial lines residential and nonresidential policy
 1682  forms that are generally similar to the basic perils of full
 1683  coverage obtainable for commercial residential structures and
 1684  commercial nonresidential structures in the admitted voluntary
 1685  market.
 1686         d. Personal lines and commercial lines residential property
 1687  insurance forms that cover the peril of wind only. The forms are
 1688  applicable only to residential properties located in areas
 1689  eligible for coverage under the coastal high-risk account
 1690  referred to in sub-subparagraph (b)2.a.
 1691         e. Commercial lines nonresidential property insurance forms
 1692  that cover the peril of wind only. The forms are applicable only
 1693  to nonresidential properties located in areas eligible for
 1694  coverage under the coastal high-risk account referred to in sub
 1695  subparagraph (b)2.a.
 1696         f. The corporation may adopt variations of the policy forms
 1697  listed in sub-subparagraphs a.-e. which that contain more
 1698  restrictive coverage.
 1699         2.a. Must provide that the corporation adopt a program in
 1700  which the corporation and authorized insurers enter into quota
 1701  share primary insurance agreements for hurricane coverage, as
 1702  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 1703  property insurance forms for eligible risks which cover the
 1704  peril of wind only.
 1705         a. As used in this subsection, the term:
 1706         (I) “Quota share primary insurance” means an arrangement in
 1707  which the primary hurricane coverage of an eligible risk is
 1708  provided in specified percentages by the corporation and an
 1709  authorized insurer. The corporation and authorized insurer are
 1710  each solely responsible for a specified percentage of hurricane
 1711  coverage of an eligible risk as set forth in a quota share
 1712  primary insurance agreement between the corporation and an
 1713  authorized insurer and the insurance contract. The
 1714  responsibility of the corporation or authorized insurer to pay
 1715  its specified percentage of hurricane losses of an eligible
 1716  risk, as set forth in the quota share primary insurance
 1717  agreement, may not be altered by the inability of the other
 1718  party to the agreement to pay its specified percentage of
 1719  hurricane losses. Eligible risks that are provided hurricane
 1720  coverage through a quota share primary insurance arrangement
 1721  must be provided policy forms that set forth the obligations of
 1722  the corporation and authorized insurer under the arrangement,
 1723  clearly specify the percentages of quota share primary insurance
 1724  provided by the corporation and authorized insurer, and
 1725  conspicuously and clearly state that neither the authorized
 1726  insurer and nor the corporation may not be held responsible
 1727  beyond their its specified percentage of coverage of hurricane
 1728  losses.
 1729         (II) “Eligible risks” means personal lines residential and
 1730  commercial lines residential risks that meet the underwriting
 1731  criteria of the corporation and are located in areas that were
 1732  eligible for coverage by the Florida Windstorm Underwriting
 1733  Association on January 1, 2002.
 1734         b. The corporation may enter into quota share primary
 1735  insurance agreements with authorized insurers at corporation
 1736  coverage levels of 90 percent and 50 percent.
 1737         c. If the corporation determines that additional coverage
 1738  levels are necessary to maximize participation in quota share
 1739  primary insurance agreements by authorized insurers, the
 1740  corporation may establish additional coverage levels. However,
 1741  the corporation’s quota share primary insurance coverage level
 1742  may not exceed 90 percent.
 1743         d. Any quota share primary insurance agreement entered into
 1744  between an authorized insurer and the corporation must provide
 1745  for a uniform specified percentage of coverage of hurricane
 1746  losses, by county or territory as set forth by the corporation
 1747  board, for all eligible risks of the authorized insurer covered
 1748  under the quota share primary insurance agreement.
 1749         e. Any quota share primary insurance agreement entered into
 1750  between an authorized insurer and the corporation is subject to
 1751  review and approval by the office. However, such agreement shall
 1752  be authorized only as to insurance contracts entered into
 1753  between an authorized insurer and an insured who is already
 1754  insured by the corporation for wind coverage.
 1755         f. For all eligible risks covered under quota share primary
 1756  insurance agreements, the exposure and coverage levels for both
 1757  the corporation and authorized insurers shall be reported by the
 1758  corporation to the Florida Hurricane Catastrophe Fund. For all
 1759  policies of eligible risks covered under such quota share
 1760  primary insurance agreements, the corporation and the authorized
 1761  insurer must shall maintain complete and accurate records for
 1762  the purpose of exposure and loss reimbursement audits as
 1763  required by Florida Hurricane Catastrophe fund rules. The
 1764  corporation and the authorized insurer shall each maintain
 1765  duplicate copies of policy declaration pages and supporting
 1766  claims documents.
 1767         g. The corporation board shall establish in its plan of
 1768  operation standards for quota share agreements which ensure that
 1769  there is no discriminatory application among insurers as to the
 1770  terms of the quota share agreements, pricing of the quota share
 1771  agreements, incentive provisions if any, and consideration paid
 1772  for servicing policies or adjusting claims.
 1773         h. The quota share primary insurance agreement between the
 1774  corporation and an authorized insurer must set forth the
 1775  specific terms under which coverage is provided, including, but
 1776  not limited to, the sale and servicing of policies issued under
 1777  the agreement by the insurance agent of the authorized insurer
 1778  producing the business, the reporting of information concerning
 1779  eligible risks, the payment of premium to the corporation, and
 1780  arrangements for the adjustment and payment of hurricane claims
 1781  incurred on eligible risks by the claims adjuster and personnel
 1782  of the authorized insurer. Entering into a quota sharing
 1783  insurance agreement between the corporation and an authorized
 1784  insurer is shall be voluntary and at the discretion of the
 1785  authorized insurer.
 1786         3. May provide that the corporation may employ or otherwise
 1787  contract with individuals or other entities to provide
 1788  administrative or professional services that may be appropriate
 1789  to effectuate the plan. The corporation may shall have the power
 1790  to borrow funds, by issuing bonds or by incurring other
 1791  indebtedness, and shall have other powers reasonably necessary
 1792  to effectuate the requirements of this subsection, including,
 1793  without limitation, the power to issue bonds and incur other
 1794  indebtedness in order to refinance outstanding bonds or other
 1795  indebtedness. The corporation may, but is not required to, seek
 1796  judicial validation of its bonds or other indebtedness under
 1797  chapter 75. The corporation may issue bonds or incur other
 1798  indebtedness, or have bonds issued on its behalf by a unit of
 1799  local government pursuant to subparagraph (q)2., in the absence
 1800  of a hurricane or other weather-related event, upon a
 1801  determination by the corporation, subject to approval by the
 1802  office, that such action would enable it to efficiently meet the
 1803  financial obligations of the corporation and that such
 1804  financings are reasonably necessary to effectuate the
 1805  requirements of this subsection. The corporation may is
 1806  authorized to take all actions needed to facilitate tax-free
 1807  status for any such bonds or indebtedness, including formation
 1808  of trusts or other affiliated entities. The corporation may
 1809  shall have the authority to pledge assessments, projected
 1810  recoveries from the Florida Hurricane Catastrophe Fund, other
 1811  reinsurance recoverables, market equalization and other
 1812  surcharges, and other funds available to the corporation as
 1813  security for bonds or other indebtedness. In recognition of s.
 1814  10, Art. I of the State Constitution, prohibiting the impairment
 1815  of obligations of contracts, it is the intent of the Legislature
 1816  that no action be taken whose purpose is to impair any bond
 1817  indenture or financing agreement or any revenue source committed
 1818  by contract to such bond or other indebtedness.
 1819         4.a. Must require that the corporation operate subject to
 1820  the supervision and approval of a board of governors consisting
 1821  of eight individuals who are residents of this state, from
 1822  different geographical areas of this state.
 1823         a. The Governor, the Chief Financial Officer, the President
 1824  of the Senate, and the Speaker of the House of Representatives
 1825  shall each appoint two members of the board. At least one of the
 1826  two members appointed by each appointing officer must have
 1827  demonstrated expertise in insurance, and is deemed to be within
 1828  the scope of the exemption provided in s. 112.313(7)(b). The
 1829  Chief Financial Officer shall designate one of the appointees as
 1830  chair. All board members serve at the pleasure of the appointing
 1831  officer. All members of the board of governors are subject to
 1832  removal at will by the officers who appointed them. All board
 1833  members, including the chair, must be appointed to serve for 3
 1834  year terms beginning annually on a date designated by the plan.
 1835  However, for the first term beginning on or after July 1, 2009,
 1836  each appointing officer shall appoint one member of the board
 1837  for a 2-year term and one member for a 3-year term. A Any board
 1838  vacancy shall be filled for the unexpired term by the appointing
 1839  officer. The Chief Financial Officer shall appoint a technical
 1840  advisory group to provide information and advice to the board of
 1841  governors in connection with the board’s duties under this
 1842  subsection. The executive director and senior managers of the
 1843  corporation shall be engaged by the board and serve at the
 1844  pleasure of the board. Any executive director appointed on or
 1845  after July 1, 2006, is subject to confirmation by the Senate.
 1846  The executive director is responsible for employing other staff
 1847  as the corporation may require, subject to review and
 1848  concurrence by the board.
 1849         b. The board shall create a Market Accountability Advisory
 1850  Committee to assist the corporation in developing awareness of
 1851  its rates and its customer and agent service levels in
 1852  relationship to the voluntary market insurers writing similar
 1853  coverage.
 1854         (I) The members of the advisory committee shall consist of
 1855  the following 11 persons, one of whom must be elected chair by
 1856  the members of the committee: four representatives, one
 1857  appointed by the Florida Association of Insurance Agents, one by
 1858  the Florida Association of Insurance and Financial Advisors, one
 1859  by the Professional Insurance Agents of Florida, and one by the
 1860  Latin American Association of Insurance Agencies; three
 1861  representatives appointed by the insurers with the three highest
 1862  voluntary market share of residential property insurance
 1863  business in the state; one representative from the Office of
 1864  Insurance Regulation; one consumer appointed by the board who is
 1865  insured by the corporation at the time of appointment to the
 1866  committee; one representative appointed by the Florida
 1867  Association of Realtors; and one representative appointed by the
 1868  Florida Bankers Association. All members shall be appointed to
 1869  must serve for 3-year terms and may serve for consecutive terms.
 1870         (II) The committee shall report to the corporation at each
 1871  board meeting on insurance market issues which may include rates
 1872  and rate competition with the voluntary market; service,
 1873  including policy issuance, claims processing, and general
 1874  responsiveness to policyholders, applicants, and agents; and
 1875  matters relating to depopulation.
 1876         5. Must provide a procedure for determining the eligibility
 1877  of a risk for coverage, as follows:
 1878         a. Subject to the provisions of s. 627.3517, with respect
 1879  to personal lines residential risks, if the risk is offered
 1880  coverage from an authorized insurer at the insurer’s approved
 1881  rate under either a standard policy including wind coverage or,
 1882  if consistent with the insurer’s underwriting rules as filed
 1883  with the office, a basic policy including wind coverage, for a
 1884  new application to the corporation for coverage, the risk is not
 1885  eligible for any policy issued by the corporation unless the
 1886  premium for coverage from the authorized insurer is more than 15
 1887  percent greater than the premium for comparable coverage from
 1888  the corporation. If the risk is not able to obtain any such
 1889  offer, the risk is eligible for either a standard policy
 1890  including wind coverage or a basic policy including wind
 1891  coverage issued by the corporation; however, if the risk could
 1892  not be insured under a standard policy including wind coverage
 1893  regardless of market conditions, the risk is shall be eligible
 1894  for a basic policy including wind coverage unless rejected under
 1895  subparagraph 8. However, with regard to a policyholder of the
 1896  corporation or a policyholder removed from the corporation
 1897  through an assumption agreement until the end of the assumption
 1898  period, the policyholder remains eligible for coverage from the
 1899  corporation regardless of any offer of coverage from an
 1900  authorized insurer or surplus lines insurer. The corporation
 1901  shall determine the type of policy to be provided on the basis
 1902  of objective standards specified in the underwriting manual and
 1903  based on generally accepted underwriting practices.
 1904         (I) If the risk accepts an offer of coverage through the
 1905  market assistance plan or an offer of coverage through a
 1906  mechanism established by the corporation before a policy is
 1907  issued to the risk by the corporation or during the first 30
 1908  days of coverage by the corporation, and the producing agent who
 1909  submitted the application to the plan or to the corporation is
 1910  not currently appointed by the insurer, the insurer shall:
 1911         (A) Pay to the producing agent of record of the policy, for
 1912  the first year, an amount that is the greater of the insurer’s
 1913  usual and customary commission for the type of policy written or
 1914  a fee equal to the usual and customary commission of the
 1915  corporation; or
 1916         (B) Offer to allow the producing agent of record of the
 1917  policy to continue servicing the policy for at least a period of
 1918  not less than 1 year and offer to pay the agent the greater of
 1919  the insurer’s or the corporation’s usual and customary
 1920  commission for the type of policy written.
 1921  
 1922  If the producing agent is unwilling or unable to accept
 1923  appointment, the new insurer shall pay the agent in accordance
 1924  with sub-sub-sub-subparagraph (A).
 1925         (II) If When the corporation enters into a contractual
 1926  agreement for a take-out plan, the producing agent of record of
 1927  the corporation policy is entitled to retain any unearned
 1928  commission on the policy, and the insurer shall:
 1929         (A) Pay to the producing agent of record of the corporation
 1930  policy, for the first year, an amount that is the greater of the
 1931  insurer’s usual and customary commission for the type of policy
 1932  written or a fee equal to the usual and customary commission of
 1933  the corporation; or
 1934         (B) Offer to allow the producing agent of record of the
 1935  corporation policy to continue servicing the policy for at least
 1936  a period of not less than 1 year and offer to pay the agent the
 1937  greater of the insurer’s or the corporation’s usual and
 1938  customary commission for the type of policy written.
 1939  
 1940  If the producing agent is unwilling or unable to accept
 1941  appointment, the new insurer shall pay the agent in accordance
 1942  with sub-sub-sub-subparagraph (A).
 1943         b. With respect to commercial lines residential risks, for
 1944  a new application to the corporation for coverage, if the risk
 1945  is offered coverage under a policy including wind coverage from
 1946  an authorized insurer at its approved rate, the risk is not
 1947  eligible for a any policy issued by the corporation unless the
 1948  premium for coverage from the authorized insurer is more than 15
 1949  percent greater than the premium for comparable coverage from
 1950  the corporation. If the risk is not able to obtain any such
 1951  offer, the risk is eligible for a policy including wind coverage
 1952  issued by the corporation. However, with regard to a
 1953  policyholder of the corporation or a policyholder removed from
 1954  the corporation through an assumption agreement until the end of
 1955  the assumption period, the policyholder remains eligible for
 1956  coverage from the corporation regardless of an any offer of
 1957  coverage from an authorized insurer or surplus lines insurer.
 1958         (I) If the risk accepts an offer of coverage through the
 1959  market assistance plan or an offer of coverage through a
 1960  mechanism established by the corporation before a policy is
 1961  issued to the risk by the corporation or during the first 30
 1962  days of coverage by the corporation, and the producing agent who
 1963  submitted the application to the plan or the corporation is not
 1964  currently appointed by the insurer, the insurer shall:
 1965         (A) Pay to the producing agent of record of the policy, for
 1966  the first year, an amount that is the greater of the insurer’s
 1967  usual and customary commission for the type of policy written or
 1968  a fee equal to the usual and customary commission of the
 1969  corporation; or
 1970         (B) Offer to allow the producing agent of record of the
 1971  policy to continue servicing the policy for at least a period of
 1972  not less than 1 year and offer to pay the agent the greater of
 1973  the insurer’s or the corporation’s usual and customary
 1974  commission for the type of policy written.
 1975  
 1976  If the producing agent is unwilling or unable to accept
 1977  appointment, the new insurer shall pay the agent in accordance
 1978  with sub-sub-sub-subparagraph (A).
 1979         (II) If When the corporation enters into a contractual
 1980  agreement for a take-out plan, the producing agent of record of
 1981  the corporation policy is entitled to retain any unearned
 1982  commission on the policy, and the insurer shall:
 1983         (A) Pay to the producing agent of record of the corporation
 1984  policy, for the first year, an amount that is the greater of the
 1985  insurer’s usual and customary commission for the type of policy
 1986  written or a fee equal to the usual and customary commission of
 1987  the corporation; or
 1988         (B) Offer to allow the producing agent of record of the
 1989  corporation policy to continue servicing the policy for at least
 1990  a period of not less than 1 year and offer to pay the agent the
 1991  greater of the insurer’s or the corporation’s usual and
 1992  customary commission for the type of policy written.
 1993  
 1994  If the producing agent is unwilling or unable to accept
 1995  appointment, the new insurer shall pay the agent in accordance
 1996  with sub-sub-sub-subparagraph (A).
 1997         c. For purposes of determining comparable coverage under
 1998  sub-subparagraphs a. and b., the comparison must shall be based
 1999  on those forms and coverages that are reasonably comparable. The
 2000  corporation may rely on a determination of comparable coverage
 2001  and premium made by the producing agent who submits the
 2002  application to the corporation, made in the agent’s capacity as
 2003  the corporation’s agent. A comparison may be made solely of the
 2004  premium with respect to the main building or structure only on
 2005  the following basis: the same coverage A or other building
 2006  limits; the same percentage hurricane deductible that applies on
 2007  an annual basis or that applies to each hurricane for commercial
 2008  residential property; the same percentage of ordinance and law
 2009  coverage, if the same limit is offered by both the corporation
 2010  and the authorized insurer; the same mitigation credits, to the
 2011  extent the same types of credits are offered both by the
 2012  corporation and the authorized insurer; the same method for loss
 2013  payment, such as replacement cost or actual cash value, if the
 2014  same method is offered both by the corporation and the
 2015  authorized insurer in accordance with underwriting rules; and
 2016  any other form or coverage that is reasonably comparable as
 2017  determined by the board. If an application is submitted to the
 2018  corporation for wind-only coverage in the coastal high-risk
 2019  account, the premium for the corporation’s wind-only policy plus
 2020  the premium for the ex-wind policy that is offered by an
 2021  authorized insurer to the applicant must shall be compared to
 2022  the premium for multiperil coverage offered by an authorized
 2023  insurer, subject to the standards for comparison specified in
 2024  this subparagraph. If the corporation or the applicant requests
 2025  from the authorized insurer a breakdown of the premium of the
 2026  offer by types of coverage so that a comparison may be made by
 2027  the corporation or its agent and the authorized insurer refuses
 2028  or is unable to provide such information, the corporation may
 2029  treat the offer as not being an offer of coverage from an
 2030  authorized insurer at the insurer’s approved rate.
 2031         6. Must include rules for classifications of risks and
 2032  rates therefor.
 2033         7. Must provide that if premium and investment income for
 2034  an account attributable to a particular calendar year are in
 2035  excess of projected losses and expenses for the account
 2036  attributable to that year, such excess shall be held in surplus
 2037  in the account. Such surplus must shall be available to defray
 2038  deficits in that account as to future years and shall be used
 2039  for that purpose before prior to assessing assessable insurers
 2040  and assessable insureds as to any calendar year.
 2041         8. Must provide objective criteria and procedures to be
 2042  uniformly applied to for all applicants in determining whether
 2043  an individual risk is so hazardous as to be uninsurable. In
 2044  making this determination and in establishing the criteria and
 2045  procedures, the following must shall be considered:
 2046         a. Whether the likelihood of a loss for the individual risk
 2047  is substantially higher than for other risks of the same class;
 2048  and
 2049         b. Whether the uncertainty associated with the individual
 2050  risk is such that an appropriate premium cannot be determined.
 2051  
 2052  The acceptance or rejection of a risk by the corporation shall
 2053  be construed as the private placement of insurance, and the
 2054  provisions of chapter 120 do shall not apply.
 2055         9. Must provide that the corporation shall make its best
 2056  efforts to procure catastrophe reinsurance at reasonable rates,
 2057  to cover its projected 100-year probable maximum loss as
 2058  determined by the board of governors.
 2059         10. The policies issued by the corporation must provide
 2060  that, if the corporation or the market assistance plan obtains
 2061  an offer from an authorized insurer to cover the risk at its
 2062  approved rates, the risk is no longer eligible for renewal
 2063  through the corporation, except as otherwise provided in this
 2064  subsection.
 2065         11. Corporation policies and applications must include a
 2066  notice that the corporation policy could, under this section, be
 2067  replaced with a policy issued by an authorized insurer which
 2068  that does not provide coverage identical to the coverage
 2069  provided by the corporation. The notice must shall also specify
 2070  that acceptance of corporation coverage creates a conclusive
 2071  presumption that the applicant or policyholder is aware of this
 2072  potential.
 2073         12. May establish, subject to approval by the office,
 2074  different eligibility requirements and operational procedures
 2075  for any line or type of coverage for any specified county or
 2076  area if the board determines that such changes to the
 2077  eligibility requirements and operational procedures are
 2078  justified due to the voluntary market being sufficiently stable
 2079  and competitive in such area or for such line or type of
 2080  coverage and that consumers who, in good faith, are unable to
 2081  obtain insurance through the voluntary market through ordinary
 2082  methods would continue to have access to coverage from the
 2083  corporation. If When coverage is sought in connection with a
 2084  real property transfer, the such requirements and procedures may
 2085  shall not provide for an effective date of coverage later than
 2086  the date of the closing of the transfer as established by the
 2087  transferor, the transferee, and, if applicable, the lender.
 2088         13. Must provide that, with respect to the coastal high
 2089  risk account, any assessable insurer with a surplus as to
 2090  policyholders of $25 million or less writing 25 percent or more
 2091  of its total countrywide property insurance premiums in this
 2092  state may petition the office, within the first 90 days of each
 2093  calendar year, to qualify as a limited apportionment company. A
 2094  regular assessment levied by the corporation on a limited
 2095  apportionment company for a deficit incurred by the corporation
 2096  for the coastal high-risk account in 2006 or thereafter may be
 2097  paid to the corporation on a monthly basis as the assessments
 2098  are collected by the limited apportionment company from its
 2099  insureds pursuant to s. 627.3512, but the regular assessment
 2100  must be paid in full within 12 months after being levied by the
 2101  corporation. A limited apportionment company shall collect from
 2102  its policyholders any emergency assessment imposed under sub
 2103  subparagraph (b)3.d. The plan must shall provide that, if the
 2104  office determines that any regular assessment will result in an
 2105  impairment of the surplus of a limited apportionment company,
 2106  the office may direct that all or part of such assessment be
 2107  deferred as provided in subparagraph (q)4. However, there shall
 2108  be no limitation or deferment of an emergency assessment to be
 2109  collected from policyholders under sub-subparagraph (b)3.d. may
 2110  not be limited or deferred.
 2111         14. Must provide that the corporation appoint as its
 2112  licensed agents only those agents who also hold an appointment
 2113  as defined in s. 626.015(3) with an insurer who at the time of
 2114  the agent’s initial appointment by the corporation is authorized
 2115  to write and is actually writing personal lines residential
 2116  property coverage, commercial residential property coverage, or
 2117  commercial nonresidential property coverage within the state.
 2118         15. Must provide, by July 1, 2007, a premium payment plan
 2119  option to its policyholders which, allows at a minimum, allows
 2120  for quarterly and semiannual payment of premiums. A monthly
 2121  payment plan may, but is not required to, be offered.
 2122         16. Must limit coverage on mobile homes or manufactured
 2123  homes built before prior to 1994 to actual cash value of the
 2124  dwelling rather than replacement costs of the dwelling.
 2125         17. May provide such limits of coverage as the board
 2126  determines, consistent with the requirements of this subsection.
 2127         18. May require commercial property to meet specified
 2128  hurricane mitigation construction features as a condition of
 2129  eligibility for coverage.
 2130         (d)1. All prospective employees for senior management
 2131  positions, as defined by the plan of operation, are subject to
 2132  background checks as a prerequisite for employment. The office
 2133  shall conduct the background checks on such prospective
 2134  employees pursuant to ss. 624.34, 624.404(3), and 628.261.
 2135         2. On or before July 1 of each year, employees of the
 2136  corporation must are required to sign and submit a statement
 2137  attesting that they do not have a conflict of interest, as
 2138  defined in part III of chapter 112. As a condition of
 2139  employment, all prospective employees must are required to sign
 2140  and submit to the corporation a conflict-of-interest statement.
 2141         3. Senior managers and members of the board of governors
 2142  are subject to the provisions of part III of chapter 112,
 2143  including, but not limited to, the code of ethics and public
 2144  disclosure and reporting of financial interests, pursuant to s.
 2145  112.3145. Notwithstanding s. 112.3143(2), a board member may not
 2146  vote on any measure that would inure to his or her special
 2147  private gain or loss; that he or she knows would inure to the
 2148  special private gain or loss of any principal by whom he or she
 2149  is retained or to the parent organization or subsidiary of a
 2150  corporate principal by which he or she is retained, other than
 2151  an agency as defined in s. 112.312; or that he or she knows
 2152  would inure to the special private gain or loss of a relative or
 2153  business associate of the public officer. Before the vote is
 2154  taken, such member shall publicly state to the assembly the
 2155  nature of his or her interest in the matter from which he or she
 2156  is abstaining from voting and, within 15 days after the vote
 2157  occurs, disclose the nature of his or her interest as a public
 2158  record in a memorandum filed with the person responsible for
 2159  recording the minutes of the meeting, who shall incorporate the
 2160  memorandum in the minutes. Senior managers and board members are
 2161  also required to file such disclosures with the Commission on
 2162  Ethics and the Office of Insurance Regulation. The executive
 2163  director of the corporation or his or her designee shall notify
 2164  each existing and newly appointed and existing appointed member
 2165  of the board of governors and senior managers of their duty to
 2166  comply with the reporting requirements of part III of chapter
 2167  112. At least quarterly, the executive director or his or her
 2168  designee shall submit to the Commission on Ethics a list of
 2169  names of the senior managers and members of the board of
 2170  governors who are subject to the public disclosure requirements
 2171  under s. 112.3145.
 2172         4. Notwithstanding s. 112.3148 or s. 112.3149, or any other
 2173  provision of law, an employee or board member may not knowingly
 2174  accept, directly or indirectly, any gift or expenditure from a
 2175  person or entity, or an employee or representative of such
 2176  person or entity, which that has a contractual relationship with
 2177  the corporation or who is under consideration for a contract. An
 2178  employee or board member who fails to comply with subparagraph
 2179  3. or this subparagraph is subject to penalties provided under
 2180  ss. 112.317 and 112.3173.
 2181         5. Any senior manager of the corporation who is employed on
 2182  or after January 1, 2007, regardless of the date of hire, who
 2183  subsequently retires or terminates employment is prohibited from
 2184  representing another person or entity before the corporation for
 2185  2 years after retirement or termination of employment from the
 2186  corporation.
 2187         6. Any senior manager of the corporation who is employed on
 2188  or after January 1, 2007, regardless of the date of hire, who
 2189  subsequently retires or terminates employment is prohibited from
 2190  having any employment or contractual relationship for 2 years
 2191  with an insurer that has entered into a take-out bonus agreement
 2192  with the corporation.
 2193         (v)1. Effective July 1, 2002, policies of the Residential
 2194  Property and Casualty Joint Underwriting Association shall
 2195  become policies of the corporation. All obligations, rights,
 2196  assets and liabilities of the Residential Property and Casualty
 2197  Joint Underwriting association, including bonds, note and debt
 2198  obligations, and the financing documents pertaining to them
 2199  become those of the corporation as of July 1, 2002. The
 2200  corporation is not required to issue endorsements or
 2201  certificates of assumption to insureds during the remaining term
 2202  of in-force transferred policies.
 2203         2. Effective July 1, 2002, policies of the Florida
 2204  Windstorm Underwriting Association are transferred to the
 2205  corporation and shall become policies of the corporation. All
 2206  obligations, rights, assets, and liabilities of the Florida
 2207  Windstorm Underwriting association, including bonds, note and
 2208  debt obligations, and the financing documents pertaining to them
 2209  are transferred to and assumed by the corporation on July 1,
 2210  2002. The corporation is not required to issue endorsements or
 2211  certificates of assumption to insureds during the remaining term
 2212  of in-force transferred policies.
 2213         3. The Florida Windstorm Underwriting Association and the
 2214  Residential Property and Casualty Joint Underwriting Association
 2215  shall take all actions necessary as may be proper to further
 2216  evidence the transfers and shall provide the documents and
 2217  instruments of further assurance as may reasonably be requested
 2218  by the corporation for that purpose. The corporation shall
 2219  execute assumptions and instruments as the trustees or other
 2220  parties to the financing documents of the Florida Windstorm
 2221  Underwriting Association or the Residential Property and
 2222  Casualty Joint Underwriting Association may reasonably request
 2223  to further evidence the transfers and assumptions, which
 2224  transfers and assumptions, however, are effective on the date
 2225  provided under this paragraph whether or not, and regardless of
 2226  the date on which, the assumptions or instruments are executed
 2227  by the corporation. Subject to the relevant financing documents
 2228  pertaining to their outstanding bonds, notes, indebtedness, or
 2229  other financing obligations, the moneys, investments,
 2230  receivables, choses in action, and other intangibles of the
 2231  Florida Windstorm Underwriting Association shall be credited to
 2232  the coastal high-risk account of the corporation, and those of
 2233  the personal lines residential coverage account and the
 2234  commercial lines residential coverage account of the Residential
 2235  Property and Casualty Joint Underwriting Association shall be
 2236  credited to the personal lines account and the commercial lines
 2237  account, respectively, of the corporation.
 2238         4. Effective July 1, 2002, a new applicant for property
 2239  insurance coverage who would otherwise have been eligible for
 2240  coverage in the Florida Windstorm Underwriting Association is
 2241  eligible for coverage from the corporation as provided in this
 2242  subsection.
 2243         5. The transfer of all policies, obligations, rights,
 2244  assets, and liabilities from the Florida Windstorm Underwriting
 2245  Association to the corporation and the renaming of the
 2246  Residential Property and Casualty Joint Underwriting Association
 2247  as the corporation does not shall in no way affect the coverage
 2248  with respect to covered policies as defined in s. 215.555(2)(c)
 2249  provided to these entities by the Florida Hurricane Catastrophe
 2250  Fund. The coverage provided by the Florida Hurricane Catastrophe
 2251  fund to the Florida Windstorm Underwriting Association based on
 2252  its exposures as of June 30, 2002, and each June 30 thereafter
 2253  shall be redesignated as coverage for the coastal high-risk
 2254  account of the corporation. Notwithstanding any other provision
 2255  of law, the coverage provided by the Florida Hurricane
 2256  Catastrophe fund to the Residential Property and Casualty Joint
 2257  Underwriting Association based on its exposures as of June 30,
 2258  2002, and each June 30 thereafter shall be transferred to the
 2259  personal lines account and the commercial lines account of the
 2260  corporation. Notwithstanding any other provision of law, the
 2261  coastal high-risk account shall be treated, for all Florida
 2262  Hurricane Catastrophe Fund purposes, as if it were a separate
 2263  participating insurer with its own exposures, reimbursement
 2264  premium, and loss reimbursement. Likewise, the personal lines
 2265  and commercial lines accounts shall be viewed together, for all
 2266  Florida Hurricane Catastrophe fund purposes, as if the two
 2267  accounts were one and represent a single, separate participating
 2268  insurer with its own exposures, reimbursement premium, and loss
 2269  reimbursement. The coverage provided by the Florida Hurricane
 2270  Catastrophe fund to the corporation shall constitute and operate
 2271  as a full transfer of coverage from the Florida Windstorm
 2272  Underwriting Association and Residential Property and Casualty
 2273  Joint Underwriting to the corporation.
 2274         (y) It is the intent of the Legislature that the amendments
 2275  to this subsection enacted in 2002 should, over time, reduce the
 2276  probable maximum windstorm losses in the residual markets and
 2277  should reduce the potential assessments to be levied on property
 2278  insurers and policyholders statewide. In furtherance of this
 2279  intent,:
 2280         1. the board shall, on or before February 1 of each year,
 2281  provide a report to the President of the Senate and the Speaker
 2282  of the House of Representatives showing the reduction or
 2283  increase in the 100-year probable maximum loss attributable to
 2284  wind-only coverages and the quota share program under this
 2285  subsection combined, as compared to the benchmark 100-year
 2286  probable maximum loss of the Florida Windstorm Underwriting
 2287  Association. For purposes of this paragraph, the benchmark 100
 2288  year probable maximum loss of the Florida Windstorm Underwriting
 2289  Association is shall be the calculation dated February 2001 and
 2290  based on November 30, 2000, exposures. In order to ensure
 2291  comparability of data, the board shall use the same methods for
 2292  calculating its probable maximum loss as were used to calculate
 2293  the benchmark probable maximum loss.
 2294         2.Beginning December 1, 2010, if the report under
 2295  subparagraph 1. for any year indicates that the 100-year
 2296  probable maximum loss attributable to wind-only coverages and
 2297  the quota share program combined does not reflect a reduction of
 2298  at least 25 percent from the benchmark, the board shall reduce
 2299  the boundaries of the high-risk area eligible for wind-only
 2300  coverages under this subsection in a manner calculated to reduce
 2301  such probable maximum loss to an amount at least 25 percent
 2302  below the benchmark.
 2303         3.Beginning February 1, 2015, if the report under
 2304  subparagraph 1. for any year indicates that the 100-year
 2305  probable maximum loss attributable to wind-only coverages and
 2306  the quota share program combined does not reflect a reduction of
 2307  at least 50 percent from the benchmark, the boundaries of the
 2308  high-risk area eligible for wind-only coverages under this
 2309  subsection shall be reduced by the elimination of any area that
 2310  is not seaward of a line 1,000 feet inland from the Intracoastal
 2311  Waterway.
 2312         Section 16. Paragraph (a) of subsection (5) of section
 2313  627.3511, Florida Statutes, is amended to read:
 2314         627.3511 Depopulation of Citizens Property Insurance
 2315  Corporation.—
 2316         (5) APPLICABILITY.—
 2317         (a) The take-out bonus provided by subsection (2) and the
 2318  exemption from assessment provided by paragraph (3)(a) apply
 2319  only if the corporation policy is replaced by either a standard
 2320  policy including wind coverage or, if consistent with the
 2321  insurer’s underwriting rules as filed with the office, a basic
 2322  policy including wind coverage; however, for with respect to
 2323  risks located in areas where coverage through the coastal high
 2324  risk account of the corporation is available, the replacement
 2325  policy need not provide wind coverage. The insurer must renew
 2326  the replacement policy at approved rates on substantially
 2327  similar terms for four additional 1-year terms, unless canceled
 2328  or not renewed by the policyholder. If an insurer assumes the
 2329  corporation’s obligations for a policy, it must issue a
 2330  replacement policy for a 1-year term upon expiration of the
 2331  corporation policy and must renew the replacement policy at
 2332  approved rates on substantially similar terms for four
 2333  additional 1-year terms, unless canceled or not renewed by the
 2334  policyholder. For each replacement policy canceled or nonrenewed
 2335  by the insurer for any reason during the 5-year coverage period
 2336  required by this paragraph, the insurer must remove from the
 2337  corporation one additional policy covering a risk similar to the
 2338  risk covered by the canceled or nonrenewed policy. In addition
 2339  to these requirements, the corporation must place the bonus
 2340  moneys in escrow for a period of 5 years; such moneys may be
 2341  released from escrow only to pay claims. If the policy is
 2342  canceled or nonrenewed before the end of the 5-year period, the
 2343  amount of the take-out bonus must be prorated for the time
 2344  period the policy was insured. A take-out bonus provided by
 2345  subsection (2) or subsection (6) is shall not be considered
 2346  premium income for purposes of taxes and assessments under the
 2347  Florida Insurance Code and shall remain the property of the
 2348  corporation, subject to the prior security interest of the
 2349  insurer under the escrow agreement until it is released from
 2350  escrow;, and after it is released from escrow it is shall be
 2351  considered an asset of the insurer and credited to the insurer’s
 2352  capital and surplus.
 2353         Section 17. Paragraph (b) of subsection (2) of section
 2354  627.4133, Florida Statutes, is amended to read:
 2355         627.4133 Notice of cancellation, nonrenewal, or renewal
 2356  premium.—
 2357         (2) With respect to any personal lines or commercial
 2358  residential property insurance policy, including, but not
 2359  limited to, any homeowner’s, mobile home owner’s, farmowner’s,
 2360  condominium association, condominium unit owner’s, apartment
 2361  building, or other policy covering a residential structure or
 2362  its contents:
 2363         (b) The insurer shall give the named insured written notice
 2364  of nonrenewal, cancellation, or termination at least 90 100 days
 2365  before prior to the effective date of the nonrenewal,
 2366  cancellation, or termination. However, the insurer shall give at
 2367  least 100 days’ written notice, or written notice by June 1,
 2368  whichever is earlier, for any nonrenewal, cancellation, or
 2369  termination that would be effective between June 1 and November
 2370  30. The notice must include the reason or reasons for the
 2371  nonrenewal, cancellation, or termination, except that:
 2372         1. The insurer shall give the named insured written notice
 2373  of nonrenewal, cancellation, or termination at least 180 days
 2374  prior to the effective date of the nonrenewal, cancellation, or
 2375  termination for a named insured whose residential structure has
 2376  been insured by that insurer or an affiliated insurer for at
 2377  least a 5-year period immediately prior to the date of the
 2378  written notice.
 2379         1.2.If When cancellation is for nonpayment of premium, at
 2380  least 10 days’ written notice of cancellation accompanied by the
 2381  reason therefor must shall be given. As used in this
 2382  subparagraph, the term “nonpayment of premium” means failure of
 2383  the named insured to discharge when due any of her or his
 2384  obligations in connection with the payment of premiums on a
 2385  policy or any installment of such premium, whether the premium
 2386  is payable directly to the insurer or its agent or indirectly
 2387  under any premium finance plan or extension of credit, or
 2388  failure to maintain membership in an organization if such
 2389  membership is a condition precedent to insurance coverage. The
 2390  term “Nonpayment of premium” also means the failure of a
 2391  financial institution to honor an insurance applicant’s check
 2392  after delivery to a licensed agent for payment of a premium,
 2393  even if the agent has previously delivered or transferred the
 2394  premium to the insurer. If a dishonored check represents the
 2395  initial premium payment, the contract and all contractual
 2396  obligations are shall be void ab initio unless the nonpayment is
 2397  cured within the earlier of 5 days after actual notice by
 2398  certified mail is received by the applicant or 15 days after
 2399  notice is sent to the applicant by certified mail or registered
 2400  mail, and if the contract is void, any premium received by the
 2401  insurer from a third party must shall be refunded to that party
 2402  in full.
 2403         2.3.If When such cancellation or termination occurs during
 2404  the first 90 days during which the insurance is in force and the
 2405  insurance is canceled or terminated for reasons other than
 2406  nonpayment of premium, at least 20 days’ written notice of
 2407  cancellation or termination accompanied by the reason therefor
 2408  must shall be given unless except where there has been a
 2409  material misstatement or misrepresentation or failure to comply
 2410  with the underwriting requirements established by the insurer.
 2411         3.4. The requirement for providing written notice of
 2412  nonrenewal by June 1 of any nonrenewal that would be effective
 2413  between June 1 and November 30 does not apply to the following
 2414  situations, but the insurer remains subject to the requirement
 2415  to provide such notice at least 100 days before prior to the
 2416  effective date of nonrenewal:
 2417         a. A policy that is nonrenewed due to a revision in the
 2418  coverage for sinkhole losses and catastrophic ground cover
 2419  collapse pursuant to s. 627.706, as amended by s. 30, chapter
 2420  2007-1, Laws of Florida.
 2421         b. A policy that is nonrenewed by Citizens Property
 2422  Insurance Corporation, pursuant to s. 627.351(6), for a policy
 2423  that has been assumed by an authorized insurer offering
 2424  replacement or renewal coverage to the policyholder is exempt
 2425  from the notice requirements of paragraph (a) and this
 2426  paragraph. In such cases, the corporation must give the named
 2427  insured written notice of nonrenewal at least 45 days before the
 2428  effective date of the nonrenewal.
 2429  
 2430  After the policy has been in effect for 90 days, the policy may
 2431  shall not be canceled by the insurer unless except when there
 2432  has been a material misstatement, a nonpayment of premium, a
 2433  failure to comply with underwriting requirements established by
 2434  the insurer within 90 days after of the date of effectuation of
 2435  coverage, or a substantial change in the risk covered by the
 2436  policy or if when the cancellation is for all insureds under
 2437  such policies for a given class of insureds. This paragraph does
 2438  not apply to individually rated risks having a policy term of
 2439  less than 90 days.
 2440         4.Notwithstanding any other provision of law, an insurer
 2441  may cancel or nonrenew a property insurance policy after at
 2442  least 45 days notice if the office finds that the early
 2443  cancellation of some or all of the insurer’s policies is
 2444  necessary to protect the best interests of the public or
 2445  policyholders and the office approves the insurer’s plan for
 2446  early cancellation or nonrenewal of some or all of its policies.
 2447  The office may base such finding upon the financial condition of
 2448  the insurer, lack of adequate reinsurance coverage for hurricane
 2449  risk, or other relevant factors. The office may condition its
 2450  finding on the consent of the insurer to be placed under
 2451  administrative supervision pursuant to s. 624.81 or to the
 2452  appointment of a receiver under chapter 631.
 2453         Section 18. Section 627.43141, Florida Statutes, is created
 2454  to read:
 2455         627.43141 Notice of change in policy terms.—
 2456         (1) As used in this section, the term:
 2457         (a) “Change in policy terms” means the modification,
 2458  addition, or deletion of any term, coverage, duty, or condition
 2459  from the previous policy. The correction of typographical or
 2460  scrivener’s errors or the application of mandated legislative
 2461  changes is not a change in policy terms.
 2462         (b) “Policy” means a written contract or written agreement
 2463  for personal lines property and casualty insurance, or the
 2464  certificate of such insurance, by whatever name called, and
 2465  includes all clauses, riders, endorsements, and papers that are
 2466  a part of such policy. The term does not include a binder as
 2467  defined in s. 627.420 unless the duration of the binder period
 2468  exceeds 60 days.
 2469         (c) “Renewal” means the issuance and delivery by an insurer
 2470  of a policy superseding at the end of the policy period a policy
 2471  previously issued and delivered by the same insurer or the
 2472  issuance and delivery of a certificate or notice extending the
 2473  term of a policy beyond its policy period or term. Any policy
 2474  that has a policy period or term of less than 6 months or that
 2475  does not have a fixed expiration date shall, for purposes of
 2476  this section, be considered as written for successive policy
 2477  periods or terms of 6 months.
 2478         (2) A renewal policy may contain a change in policy terms.
 2479  If a renewal policy does contains such change, the insurer must
 2480  give the named insured written notice of the change, which must
 2481  be enclosed along with the written notice of renewal premium
 2482  required by ss. 627.4133 and 627.728. Such notice shall be
 2483  entitled “Notice of Change in Policy Terms.”
 2484         (3) Although not required, proof of mailing or registered
 2485  mailing through the United States Postal Service of the Notice
 2486  of Change in Policy Terms to the named insured at the address
 2487  shown in the policy is sufficient proof of notice.
 2488         (4) Receipt of the premium payment for the renewal policy
 2489  by the insurer is deemed to be acceptance of the new policy
 2490  terms by the named insured.
 2491         (5) If an insurer fails to provide the notice required in
 2492  subsection (2), the original policy terms remain in effect until
 2493  the next renewal and the proper service of the notice, or until
 2494  the effective date of replacement coverage obtained by the named
 2495  insured, whichever occurs first.
 2496         (6) The intent of this section is to:
 2497         (a) Allow an insurer to make a change in policy terms
 2498  without nonrenewing those policyholders that the insurer wishes
 2499  to continue insuring.
 2500         (b) Alleviate concern and confusion to the policyholder
 2501  caused by the required policy nonrenewal for the limited issue
 2502  if an insurer intends to renew the insurance policy, but the new
 2503  policy contains a change in policy terms.
 2504         (c) Encourage policyholders to discuss their coverages with
 2505  their insurance agents.
 2506         Section 19. Section 627.7011, Florida Statutes, is amended
 2507  to read:
 2508         627.7011 Homeowners’ policies; offer of replacement cost
 2509  coverage and law and ordinance coverage.—
 2510         (1) Before Prior to issuing or renewing a homeowner’s
 2511  insurance policy on or after October 1, 2005, or prior to the
 2512  first renewal of a homeowner’s insurance policy on or after
 2513  October 1, 2005, the insurer must offer each of the following:
 2514         (a) A policy or endorsement providing that any loss that
 2515  which is repaired or replaced will be adjusted on the basis of
 2516  replacement costs to the dwelling not exceeding policy limits as
 2517  to the dwelling, rather than actual cash value, but not
 2518  including costs necessary to meet applicable laws and ordinances
 2519  regulating the construction, use, or repair of any property or
 2520  requiring the tearing down of any property, including the costs
 2521  of removing debris.
 2522         (b) A policy or endorsement providing that, subject to
 2523  other policy provisions, any loss that which is repaired or
 2524  replaced at any location will be adjusted on the basis of
 2525  replacement costs to the dwelling not exceeding policy limits as
 2526  to the dwelling, rather than actual cash value, and also
 2527  including costs necessary to meet applicable laws and ordinances
 2528  regulating the construction, use, or repair of any property or
 2529  requiring the tearing down of any property, including the costs
 2530  of removing debris.; However, such additional costs necessary to
 2531  meet applicable laws and ordinances may be limited to either 25
 2532  percent or 50 percent of the dwelling limit, as selected by the
 2533  policyholder, and such coverage applies shall apply only to
 2534  repairs of the damaged portion of the structure unless the total
 2535  damage to the structure exceeds 50 percent of the replacement
 2536  cost of the structure.
 2537  
 2538  An insurer is not required to make the offers required by this
 2539  subsection with respect to the issuance or renewal of a
 2540  homeowner’s policy that contains the provisions specified in
 2541  paragraph (b) for law and ordinance coverage limited to 25
 2542  percent of the dwelling limit, except that the insurer must
 2543  offer the law and ordinance coverage limited to 50 percent of
 2544  the dwelling limit. This subsection does not prohibit the offer
 2545  of a guaranteed replacement cost policy.
 2546         (2) Unless the insurer obtains the policyholder’s written
 2547  refusal of the policies or endorsements specified in subsection
 2548  (1), any policy covering the dwelling is deemed to include the
 2549  law and ordinance coverage limited to 25 percent of the dwelling
 2550  limit. The rejection or selection of alternative coverage shall
 2551  be made on a form approved by the office. The form must shall
 2552  fully advise the applicant of the nature of the coverage being
 2553  rejected. If this form is signed by a named insured, it is will
 2554  be conclusively presumed that there was an informed, knowing
 2555  rejection of the coverage or election of the alternative
 2556  coverage on behalf of all insureds. Unless the policyholder
 2557  requests in writing the coverage specified in this section, it
 2558  need not be provided in or supplemental to any other policy that
 2559  renews, insures, extends, changes, supersedes, or replaces an
 2560  existing policy if when the policyholder has rejected the
 2561  coverage specified in this section or has selected alternative
 2562  coverage. The insurer must provide the such policyholder with
 2563  notice of the availability of such coverage in a form approved
 2564  by the office at least once every 3 years. The failure to
 2565  provide such notice constitutes a violation of this code, but
 2566  does not affect the coverage provided under the policy.
 2567         (3) In the event of a loss for which a dwelling or personal
 2568  property is insured on the basis of replacement costs:
 2569         (a) For a dwelling, the insurer must initially pay at least
 2570  the actual cash value of the insured loss, less any applicable
 2571  deductible. To receive payment from an insurer for replacement
 2572  costs, the policyholder must enter into a contract for the
 2573  performance of building and structural repairs, unless the
 2574  requirement for a contract is waived by the insurer. The insurer
 2575  shall pay any remaining amounts necessary to perform such
 2576  repairs as work is performed and expenses are incurred. The
 2577  insurer or any contractor or subcontractor may not require the
 2578  policyholder to advance payment for such repairs or expenses,
 2579  with the exception of incidental expenses to mitigate further
 2580  damage. If a total loss of a dwelling occurs, the insurer shall
 2581  pay the replacement cost coverage without reservation or
 2582  holdback of any depreciation in value, pursuant to s. 627.702.
 2583         (b) For personal property, the insurer may limit the
 2584  initial payment to the actual cash value of the personal
 2585  property to be replaced. An insurer may require an insured to
 2586  provide receipts for the purchase of the property financed by
 2587  the initial payment and use such receipts to make the next
 2588  payment requested by the insured for the replacement of insured
 2589  property, and continue this process until the insured remits all
 2590  receipts up to the policy limits for replacement costs. The
 2591  insurer must provide clear notice of this process in the
 2592  insurance contract. The insurer may not require the policyholder
 2593  to advance payment for the replaced property, the insurer shall
 2594  pay the replacement cost without reservation or holdback of any
 2595  depreciation in value, whether or not the insured replaces or
 2596  repairs the dwelling or property.
 2597         (4) A Any homeowner’s insurance policy issued or renewed on
 2598  or after October 1, 2005, must include in bold type no smaller
 2599  than 18 points the following statement:
 2600  
 2601         “LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE
 2602         THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO
 2603         CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE
 2604         NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS
 2605         COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE
 2606         DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT.”
 2607  
 2608  The intent of this subsection is to encourage policyholders to
 2609  purchase sufficient coverage to protect them in case events
 2610  excluded from the standard homeowners policy, such as law and
 2611  ordinance enforcement and flood, combine with covered events to
 2612  produce damage or loss to the insured property. The intent is
 2613  also to encourage policyholders to discuss these issues with
 2614  their insurance agent.
 2615         (5) Nothing in This section does not: shall be construed to
 2616         (a) Apply to policies not considered to be “homeowners’
 2617  policies,” as that term is commonly understood in the insurance
 2618  industry. This section specifically does not
 2619         (b) Apply to mobile home policies. Nothing in this section
 2620         (c) Limit shall be construed as limiting the ability of an
 2621  any insurer to reject or nonrenew any insured or applicant on
 2622  the grounds that the structure does not meet underwriting
 2623  criteria applicable to replacement cost or law and ordinance
 2624  policies or for other lawful reasons.
 2625         (d)(6)This section does not Prohibit an insurer from
 2626  limiting its liability under a policy or endorsement providing
 2627  that loss will be adjusted on the basis of replacement costs to
 2628  the lesser of:
 2629         1.(a) The limit of liability shown on the policy
 2630  declarations page;
 2631         2.(b) The reasonable and necessary cost to repair the
 2632  damaged, destroyed, or stolen covered property; or
 2633         3.(c) The reasonable and necessary cost to replace the
 2634  damaged, destroyed, or stolen covered property.
 2635         (e)(7)This section does not Prohibit an insurer from
 2636  exercising its right to repair damaged property in compliance
 2637  with its policy and s. 627.702(7).
 2638         Section 20. Paragraph (a) of subsection (5) of section
 2639  627.70131, Florida Statutes, is amended to read:
 2640         627.70131 Insurer’s duty to acknowledge communications
 2641  regarding claims; investigation.—
 2642         (5)(a) Within 90 days after an insurer receives notice of
 2643  an initial, reopened, or supplemental a property insurance claim
 2644  from a policyholder, the insurer shall pay or deny such claim or
 2645  a portion of the claim unless the failure to pay such claim or a
 2646  portion of the claim is caused by factors beyond the control of
 2647  the insurer which reasonably prevent such payment. Any payment
 2648  of an initial or supplemental a claim or portion of such a claim
 2649  made paid 90 days after the insurer receives notice of the
 2650  claim, or made paid more than 15 days after there are no longer
 2651  factors beyond the control of the insurer which reasonably
 2652  prevented such payment, whichever is later, bears shall bear
 2653  interest at the rate set forth in s. 55.03. Interest begins to
 2654  accrue from the date the insurer receives notice of the claim.
 2655  The provisions of this subsection may not be waived, voided, or
 2656  nullified by the terms of the insurance policy. If there is a
 2657  right to prejudgment interest, the insured shall select whether
 2658  to receive prejudgment interest or interest under this
 2659  subsection. Interest is payable when the claim or portion of the
 2660  claim is paid. Failure to comply with this subsection
 2661  constitutes a violation of this code. However, failure to comply
 2662  with this subsection does shall not form the sole basis for a
 2663  private cause of action.
 2664         Section 21. The Legislature finds and declares:
 2665         (1) There is a compelling state interest in maintaining a
 2666  viable and orderly private-sector market for property insurance
 2667  in this state. The lack of a viable and orderly property market
 2668  reduces the availability of property insurance coverage to state
 2669  residents, increases the cost of property insurance, and
 2670  increases the state’s reliance on a residual property insurance
 2671  market and its potential for imposing assessments on
 2672  policyholders throughout the state.
 2673         (2) In 2005, the Legislature revised ss. 627.706627.7074,
 2674  Florida Statutes, to adopt certain geological or technical
 2675  terms; to increase reliance on objective, scientific testing
 2676  requirements; and generally to reduce the number of sinkhole
 2677  claims and related disputes arising under prior law. The
 2678  Legislature determined that since the enactment of these
 2679  statutory revisions, both private-sector insurers and Citizens
 2680  Property Insurance Corporation have, nevertheless, continued to
 2681  experience high claims frequency and severity for sinkhole
 2682  insurance claims. In addition, many properties remain unrepaired
 2683  even after loss payments, which reduces the local property tax
 2684  base and adversely affects the real estate market. Therefore,
 2685  the Legislature finds that losses associated with sinkhole
 2686  claims adversely affect the public health, safety, and welfare
 2687  of this state and its citizens.
 2688         (3) Pursuant to sections 19 through 24 of this act,
 2689  technical or scientific definitions adopted in the 2005
 2690  legislation are clarified to implement and advance the
 2691  Legislature’s intended reduction of sinkhole claims and
 2692  disputes. The legal presumption intended by the Legislature is
 2693  clarified to reduce disputes and litigation associated with the
 2694  technical reviews associated with sinkhole claims. Certain other
 2695  revisions to ss. 627.706627.7074, Florida Statutes, are enacted
 2696  to advance legislative intent to rely on scientific or technical
 2697  determinations relating to sinkholes and sinkhole claims, reduce
 2698  the number and cost of disputes relating to sinkhole claims, and
 2699  ensure that repairs are made commensurate with the scientific
 2700  and technical determinations and insurance claims payments.
 2701         Section 22. Section 627.706, Florida Statutes, is reordered
 2702  and amended to read:
 2703         627.706 Sinkhole insurance; catastrophic ground cover
 2704  collapse; definitions.—
 2705         (1) Every insurer authorized to transact residential
 2706  property insurance, as described in s. 627.4025, in this state
 2707  must shall provide coverage for a catastrophic ground cover
 2708  collapse. However, the insurer may restrict such coverage to the
 2709  principal building, as defined in the applicable policy. The
 2710  insurer may and shall make available, for an appropriate
 2711  additional premium, coverage for sinkhole losses on any
 2712  structure, including the contents of personal property contained
 2713  therein, to the extent provided in the form to which the
 2714  coverage attaches. A policy for residential property insurance
 2715  may include a deductible amount applicable to sinkhole losses,
 2716  including any expenses incurred by an insurer investigating
 2717  whether sinkhole activity is present. The deductible may be
 2718  equal to 1 percent, 2 percent, 5 percent, or 10 percent of the
 2719  policy dwelling limits, with appropriate premium discounts
 2720  offered with each deductible amount.
 2721         (2) As used in ss. 627.706-627.7074, and as used in
 2722  connection with any policy providing coverage for a catastrophic
 2723  ground cover collapse or for sinkhole losses, the term:
 2724         (a) “Catastrophic ground cover collapse” means geological
 2725  activity that results in all the following:
 2726         1. The abrupt collapse of the ground cover;
 2727         2. A depression in the ground cover clearly visible to the
 2728  naked eye;
 2729         3. Structural damage to the covered building, including the
 2730  foundation; and
 2731         4. The insured structure being condemned and ordered to be
 2732  vacated by the governmental agency authorized by law to issue
 2733  such an order for that structure.
 2734  
 2735  Contents coverage applies if there is a loss resulting from a
 2736  catastrophic ground cover collapse. Structural Damage consisting
 2737  merely of the settling or cracking of a foundation, structure,
 2738  or building does not constitute a loss resulting from a
 2739  catastrophic ground cover collapse.
 2740         (b) “Neutral evaluation” means the alternative dispute
 2741  resolution provided in s. 627.7074.
 2742         (c) “Neutral evaluator” means a professional engineer or a
 2743  professional geologist who has completed a course of study in
 2744  alternative dispute resolution designed or approved by the
 2745  department for use in the neutral evaluation process and who is
 2746  determined to be fair and impartial.
 2747         (f)(b) “Sinkhole” means a landform created by subsidence of
 2748  soil, sediment, or rock as underlying strata are dissolved by
 2749  groundwater. A sinkhole forms may form by collapse into
 2750  subterranean voids created by dissolution of limestone or
 2751  dolostone or by subsidence as these strata are dissolved.
 2752         (h)(c) “Sinkhole loss” means structural damage to the
 2753  covered building, including the foundation, caused by sinkhole
 2754  activity. Contents coverage and additional living expenses shall
 2755  apply only if there is structural damage to the covered building
 2756  caused by sinkhole activity.
 2757         (g)(d) “Sinkhole activity” means settlement or systematic
 2758  weakening of the earth supporting such property only if the when
 2759  such settlement or systematic weakening results from
 2760  contemporary movement or raveling of soils, sediments, or rock
 2761  materials into subterranean voids created by the effect of water
 2762  on a limestone or similar rock formation.
 2763         (d)(e) “Professional engineer” means a person, as defined
 2764  in s. 471.005, who has a bachelor’s degree or higher in
 2765  engineering and has successfully completed at least five courses
 2766  in any combination of the following: geotechnical engineering,
 2767  structural engineering, soil mechanics, foundations, or geology
 2768  with a specialty in the geotechnical engineering field. A
 2769  professional engineer must also have geotechnical experience and
 2770  expertise in the identification of sinkhole activity as well as
 2771  other potential causes of structural damage to the structure.
 2772         (e)(f) “Professional geologist” means a person, as defined
 2773  in by s. 492.102, who has a bachelor’s degree or higher in
 2774  geology or related earth science and with expertise in the
 2775  geology of Florida. A professional geologist must have
 2776  geological experience and expertise in the identification of
 2777  sinkhole activity as well as other potential geologic causes of
 2778  structural damage to the structure.
 2779         (i) “Structural damage” means:
 2780         1. A covered building that suffers foundation movement
 2781  outside an acceptable variance under the applicable building
 2782  code;
 2783         2. Damage to a covered building, including the foundation,
 2784  which prevents the primary structural members or primary
 2785  structural systems from supporting the loads and forces they
 2786  were designed to support; and
 2787         3. As may be further defined by the applicable policy.
 2788         (3) On or before June 1, 2007, Every insurer authorized to
 2789  transact property insurance in this state shall make a proper
 2790  filing with the office for the purpose of extending the
 2791  appropriate forms of property insurance to include coverage for
 2792  catastrophic ground cover collapse or for sinkhole losses.
 2793  coverage for catastrophic ground cover collapse may not go into
 2794  effect until the effective date provided for in the filing
 2795  approved by the office.
 2796         (3)(4) Insurers offering policies that exclude coverage for
 2797  sinkhole losses must shall inform policyholders in bold type of
 2798  not less than 14 points as follows: “YOUR POLICY PROVIDES
 2799  COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS
 2800  IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE,
 2801  YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU
 2802  MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN
 2803  ADDITIONAL PREMIUM.”
 2804         (4)(5) An insurer offering sinkhole coverage to
 2805  policyholders before or after the adoption of s. 30, chapter
 2806  2007-1, Laws of Florida, may nonrenew the policies of
 2807  policyholders maintaining sinkhole coverage in Pasco County or
 2808  Hernando County, at the option of the insurer, and provide an
 2809  offer of coverage that to such policyholders which includes
 2810  catastrophic ground cover collapse and excludes sinkhole
 2811  coverage. Insurers acting in accordance with this subsection are
 2812  subject to the following requirements:
 2813         (a) Policyholders must be notified that a nonrenewal is for
 2814  purposes of removing sinkhole coverage, and that the
 2815  policyholder is still being offered a policy that provides
 2816  coverage for catastrophic ground cover collapse.
 2817         (b) Policyholders must be provided an actuarially
 2818  reasonable premium credit or discount for the removal of
 2819  sinkhole coverage and provision of only catastrophic ground
 2820  cover collapse.
 2821         (c) Subject to the provisions of this subsection and the
 2822  insurer’s approved underwriting or insurability guidelines, the
 2823  insurer may shall provide each policyholder with the opportunity
 2824  to purchase an endorsement to his or her policy providing
 2825  sinkhole coverage and may require an inspection of the property
 2826  before issuance of a sinkhole coverage endorsement.
 2827         (d) Section 624.4305 does not apply to nonrenewal notices
 2828  issued pursuant to this subsection.
 2829         (5) Any claim, including, but not limited to, initial,
 2830  supplemental, and reopened claims under an insurance policy that
 2831  provides sinkhole coverage is barred unless notice of the claim
 2832  was given to the insurer in accordance with the terms of the
 2833  policy within 2 years after the policyholder knew or reasonably
 2834  should have known about the sinkhole loss.
 2835         Section 23. Section 627.7061, Florida Statutes, is amended
 2836  to read:
 2837         627.7061 Coverage inquiries.—Inquiries about coverage on a
 2838  property insurance contract are not claim activity, unless an
 2839  actual claim is filed by the policyholder which insured that
 2840  results in a company investigation of the claim.
 2841         Section 24. Section 627.7065, Florida Statutes, is
 2842  repealed.
 2843         Section 25. Section 627.707, Florida Statutes, is amended
 2844  to read:
 2845         627.707 Standards for Investigation of sinkhole claims by
 2846  policyholders insurers; insurer payment; nonrenewals.—Upon
 2847  receipt of a claim for a sinkhole loss to a covered building, an
 2848  insurer must meet the following standards in investigating a
 2849  claim:
 2850         (1) The insurer must inspect make an inspection of the
 2851  policyholder’s insured’s premises to determine if there is
 2852  structural has been physical damage that to the structure which
 2853  may be the result of sinkhole activity.
 2854         (2) If the insurer confirms that structural damage exists
 2855  but is unable to identify a valid cause of such damage or
 2856  discovers that such damage is consistent with sinkhole loss
 2857  Following the insurer’s initial inspection, the insurer shall
 2858  engage a professional engineer or a professional geologist to
 2859  conduct testing as provided in s. 627.7072 to determine the
 2860  cause of the loss within a reasonable professional probability
 2861  and issue a report as provided in s. 627.7073, only if sinkhole
 2862  loss is covered under the policy. Except as provided in
 2863  subsection (6), the fees and costs of the professional engineer
 2864  or professional geologist shall be paid by the insurer.:
 2865         (a) The insurer is unable to identify a valid cause of the
 2866  damage or discovers damage to the structure which is consistent
 2867  with sinkhole loss; or
 2868         (b) The policyholder demands testing in accordance with
 2869  this section or s. 627.7072.
 2870         (3) Following the initial inspection of the policyholder’s
 2871  insured premises, the insurer shall provide written notice to
 2872  the policyholder disclosing the following information:
 2873         (a) What the insurer has determined to be the cause of
 2874  damage, if the insurer has made such a determination.
 2875         (b) A statement of the circumstances under which the
 2876  insurer is required to engage a professional engineer or a
 2877  professional geologist to verify or eliminate sinkhole loss and
 2878  to engage a professional engineer to make recommendations
 2879  regarding land and building stabilization and foundation repair.
 2880         (c) A statement regarding the right of the policyholder to
 2881  request testing by a professional engineer or a professional
 2882  geologist and the circumstances under which the policyholder may
 2883  demand certain testing.
 2884         (4) If the insurer determines that there is no sinkhole
 2885  loss, the insurer may deny the claim. If coverage for sinkhole
 2886  loss is available and If the insurer denies the claim on such
 2887  basis, without performing testing under s. 627.7072, the
 2888  policyholder may demand testing by the insurer under s.
 2889  627.7072. The policyholder’s demand for testing must be
 2890  communicated to the insurer in writing within 60 days after the
 2891  policyholder’s receipt of the insurer’s denial of the claim.
 2892         (5)(a)Subject to paragraph (b), If a sinkhole loss is
 2893  verified, the insurer shall pay to stabilize the land and
 2894  building and repair the foundation in accordance with the
 2895  recommendations of the professional engineer retained pursuant
 2896  to subsection (2), as provided under s. 627.7073, and in
 2897  consultation with notice to the policyholder, subject to the
 2898  coverage and terms of the policy. The insurer shall pay for
 2899  other repairs to the structure and contents in accordance with
 2900  the terms of the policy.
 2901         (a)(b) The insurer may limit its total claims payment to
 2902  the actual cash value of the sinkhole loss, which does not
 2903  include including underpinning or grouting or any other repair
 2904  technique performed below the existing foundation of the
 2905  building, until the policyholder enters into a contract for the
 2906  performance of building stabilization or foundation repairs in
 2907  accordance with the recommendations set forth in the insurer’s
 2908  report issued pursuant to s. 627.7073.
 2909         (b) In order to prevent additional damage to the building
 2910  or structure, the policyholder must enter into a contract for
 2911  the performance of building stabilization or foundation repairs
 2912  within 90 days after the insurance company confirms coverage for
 2913  the sinkhole loss and notifies the policyholder of such
 2914  confirmation. This time period is tolled if either party invokes
 2915  the neutral evaluation process.
 2916         (c) After the policyholder enters into the contract for the
 2917  performance of building stabilization or foundation repairs, the
 2918  insurer shall pay the amounts necessary to begin and perform
 2919  such repairs as the work is performed and the expenses are
 2920  incurred. The insurer may not require the policyholder to
 2921  advance payment for such repairs. If repair covered by a
 2922  personal lines residential property insurance policy has begun
 2923  and the professional engineer selected or approved by the
 2924  insurer determines that the repair cannot be completed within
 2925  the policy limits, the insurer must either complete the
 2926  professional engineer’s recommended repair or tender the policy
 2927  limits to the policyholder without a reduction for the repair
 2928  expenses incurred.
 2929         (d) The stabilization and all other repairs to the
 2930  structure and contents must be completed within 12 months after
 2931  entering into the contract for repairs described in paragraph
 2932  (b) unless:
 2933         1. There is a mutual agreement between the insurer and the
 2934  policyholder;
 2935         2. The claim is involved with the neutral evaluation
 2936  process;
 2937         3. The claim is in litigation; or
 2938         4. The claim is under appraisal.
 2939         (e)(c) Upon the insurer’s obtaining the written approval of
 2940  the policyholder and any lienholder, the insurer may make
 2941  payment directly to the persons selected by the policyholder to
 2942  perform the land and building stabilization and foundation
 2943  repairs. The decision by the insurer to make payment to such
 2944  persons does not hold the insurer liable for the work performed.
 2945  The policyholder may not accept a rebate from any person
 2946  performing the repairs specified in this section. If a
 2947  policyholder does receive a rebate, coverage is void and the
 2948  policyholder must refund the amount of the rebate to the
 2949  insurer. Any person making the repairs specified in this section
 2950  who offers a rebate, or any policyholder who accepts a rebate
 2951  for such repairs, commits insurance fraud punishable as a third
 2952  degree felony as provided in s. 775.082, s. 775.083, or s.
 2953  775.084.
 2954         (6) Except as provided in subsection (7), the fees and
 2955  costs of the professional engineer or the professional geologist
 2956  shall be paid by the insurer.
 2957         (6)(7) If the insurer obtains, pursuant to s. 627.7073,
 2958  written certification that there is no sinkhole loss or that the
 2959  cause of the damage was not sinkhole activity, and if the
 2960  policyholder has submitted the sinkhole claim without good faith
 2961  grounds for submitting such claim, the policyholder shall
 2962  reimburse the insurer for 50 percent of the actual costs of the
 2963  analyses and services provided under ss. 627.7072 and 627.7073;
 2964  however, a policyholder is not required to reimburse an insurer
 2965  more than the deductible or $2,500, whichever is greater, with
 2966  respect to any claim. A policyholder is required to pay
 2967  reimbursement under this subsection only if the policyholder
 2968  requested the testing and report provided pursuant to ss.
 2969  627.7072 and 627.7073 and the insurer, before prior to ordering
 2970  the analysis under s. 627.7072, informs the policyholder in
 2971  writing of the policyholder’s potential liability for
 2972  reimbursement and gives the policyholder the opportunity to
 2973  withdraw the claim.
 2974         (7)(8)An No insurer may not shall nonrenew any policy of
 2975  property insurance on the basis of filing of claims for partial
 2976  loss caused by sinkhole damage or clay shrinkage if as long as
 2977  the total of such payments does not equal or exceed the current
 2978  policy limits of coverage for the policy in effect on the date
 2979  of loss, for property damage to the covered building, as set
 2980  forth on the declarations page, or if and provided the
 2981  policyholder insured has repaired the structure in accordance
 2982  with the engineering recommendations made pursuant to subsection
 2983  (2) upon which any payment or policy proceeds were based. If the
 2984  insurer pays such limits, it may nonrenew the policy.
 2985         (8)(9) The insurer may engage a professional structural
 2986  engineer to make recommendations as to the repair of the
 2987  structure.
 2988         Section 26. Section 627.7073, Florida Statutes, is amended
 2989  to read:
 2990         627.7073 Sinkhole reports.—
 2991         (1) Upon completion of testing as provided in s. 627.7072,
 2992  the professional engineer or professional geologist shall issue
 2993  a report and certification to the insurer and the policyholder
 2994  as provided in this section.
 2995         (a) Sinkhole loss is verified if, based upon tests
 2996  performed in accordance with s. 627.7072, a professional
 2997  engineer or a professional geologist issues a written report and
 2998  certification stating:
 2999         1. That structural damage to the covered building has been
 3000  identified within a reasonable professional probability.
 3001         2.1. That the cause of the actual physical and structural
 3002  damage is sinkhole activity within a reasonable professional
 3003  probability.
 3004         3.2. That the analyses conducted were of sufficient scope
 3005  to identify sinkhole activity as the cause of damage within a
 3006  reasonable professional probability.
 3007         4.3. A description of the tests performed.
 3008         5.4. A recommendation by the professional engineer of
 3009  methods for stabilizing the land and building and for making
 3010  repairs to the foundation.
 3011         (b) If there is no structural damage or if sinkhole
 3012  activity is eliminated as the cause of such damage to the
 3013  covered building structure, the professional engineer or
 3014  professional geologist shall issue a written report and
 3015  certification to the policyholder and the insurer stating:
 3016         1. That there is no structural damage or the cause of such
 3017  the damage is not sinkhole activity within a reasonable
 3018  professional probability.
 3019         2. That the analyses and tests conducted were of sufficient
 3020  scope to eliminate sinkhole activity as the cause of the
 3021  structural damage within a reasonable professional probability.
 3022         3. A statement of the cause of the structural damage within
 3023  a reasonable professional probability.
 3024         4. A description of the tests performed.
 3025         (c) The respective findings, opinions, and recommendations
 3026  of the professional engineer or professional geologist as to the
 3027  cause of distress to the property and the findings, opinions,
 3028  and recommendations of the insurer’s professional engineer as to
 3029  land and building stabilization and foundation repair set forth
 3030  by s. 627.7072 shall be presumed correct, which presumption
 3031  shifts the burden of proof in accordance with s. 90.302(2). The
 3032  presumption of correctness is based upon public policy concerns
 3033  regarding the affordability of sinkhole coverage, consistency in
 3034  claims handling, and a reduction in the number of disputed
 3035  sinkhole claims.
 3036         (2)(a)An Any insurer that has paid a claim for a sinkhole
 3037  loss shall file a copy of the report and certification, prepared
 3038  pursuant to subsection (1), including the legal description of
 3039  the real property and the name of the property owner, the
 3040  neutral evaluator’s report, if any, which indicates that
 3041  sinkhole activity caused the damage claimed, a copy of the
 3042  certification indicating that stabilization has been completed,
 3043  if applicable, and the amount of the payment, with the county
 3044  clerk of court, who shall record the report and certification.
 3045  The insurer shall bear the cost of filing and recording one or
 3046  more reports and certifications the report and certification.
 3047  There shall be no cause of action or liability against an
 3048  insurer for compliance with this section.
 3049         (a) The recording of the report and certification does not:
 3050         1. Constitute a lien, encumbrance, or restriction on the
 3051  title to the real property or constitute a defect in the title
 3052  to the real property;
 3053         2. Create any cause of action or liability against any
 3054  grantor of the real property for breach of any warranty of good
 3055  title or warranty against encumbrances; or
 3056         3. Create any cause of action or liability against any
 3057  title insurer that insures the title to the real property.
 3058         (b) As a precondition to accepting payment for a sinkhole
 3059  loss, the policyholder must file a copy of any sinkhole report
 3060  regarding the insured property which was prepared on behalf or
 3061  at the request of the policyholder. The policyholder shall bear
 3062  the cost of filing and recording the sinkhole report. The
 3063  recording of the report does not:
 3064         1. Constitute a lien, encumbrance, or restriction on the
 3065  title to the real property or constitute a defect in the title
 3066  to the real property;
 3067         2. Create any cause of action or liability against any
 3068  grantor of the real property for breach of any warranty of good
 3069  title or warranty against encumbrances; or
 3070         3. Create any cause of action or liability against a title
 3071  insurer that insures the title to the real property.
 3072         (c)(b) The seller of real property upon which a sinkhole
 3073  claim has been made by the seller and paid by the insurer must
 3074  shall disclose to the buyer of such property, before the
 3075  closing, that a claim has been paid and whether or not the full
 3076  amount of the proceeds were used to repair the sinkhole damage.
 3077         Section 27. Section 627.7074, Florida Statutes, is amended
 3078  to read:
 3079         627.7074 Alternative procedure for resolution of disputed
 3080  sinkhole insurance claims.—
 3081         (1) As used in this section, the term:
 3082         (a) “Neutral evaluation” means the alternative dispute
 3083  resolution provided for in this section.
 3084         (b) “Neutral evaluator” means a professional engineer or a
 3085  professional geologist who has completed a course of study in
 3086  alternative dispute resolution designed or approved by the
 3087  department for use in the neutral evaluation process, who is
 3088  determined to be fair and impartial.
 3089         (1)(2)(a) The department shall:
 3090         (a) Certify and maintain a list of persons who are neutral
 3091  evaluators.
 3092         (b) The department shall Prepare a consumer information
 3093  pamphlet for distribution by insurers to policyholders which
 3094  clearly describes the neutral evaluation process and includes
 3095  information and forms necessary for the policyholder to request
 3096  a neutral evaluation.
 3097         (2) Neutral evaluation is available to either party if a
 3098  sinkhole report has been issued pursuant to s. 627.7073. At a
 3099  minimum, neutral evaluation must determine:
 3100         (a) Causation;
 3101         (b) All methods of stabilization and repair both above and
 3102  below ground;
 3103         (c) The costs for stabilization and all repairs; and
 3104         (d) Information necessary to carry out subsection (12).
 3105         (3) Following the receipt of the report provided under s.
 3106  627.7073 or the denial of a claim for a sinkhole loss, the
 3107  insurer shall notify the policyholder of his or her right to
 3108  participate in the neutral evaluation program under this
 3109  section. Neutral evaluation supersedes the alternative dispute
 3110  resolution process under s. 627.7015, but does not invalidate
 3111  the appraisal clause of the insurance policy. The insurer shall
 3112  provide to the policyholder the consumer information pamphlet
 3113  prepared by the department pursuant to subsection (1)
 3114  electronically or by United States mail paragraph (2)(b).
 3115         (4) Neutral evaluation is nonbinding, but mandatory if
 3116  requested by either party. A request for neutral evaluation may
 3117  be filed with the department by the policyholder or the insurer
 3118  on a form approved by the department. The request for neutral
 3119  evaluation must state the reason for the request and must
 3120  include an explanation of all the issues in dispute at the time
 3121  of the request. Filing a request for neutral evaluation tolls
 3122  the applicable time requirements for filing suit for a period of
 3123  60 days following the conclusion of the neutral evaluation
 3124  process or the time prescribed in s. 95.11, whichever is later.
 3125         (5) Neutral evaluation shall be conducted as an informal
 3126  process in which formal rules of evidence and procedure need not
 3127  be observed. A party to neutral evaluation is not required to
 3128  attend neutral evaluation if a representative of the party
 3129  attends and has the authority to make a binding decision on
 3130  behalf of the party. All parties shall participate in the
 3131  evaluation in good faith. The neutral evaluator must be allowed
 3132  reasonable access to the interior and exterior of insured
 3133  structures to be evaluated or for which a claim has been made.
 3134  Any reports initiated by the policyholder, or an agent of the
 3135  policyholder, confirming a sinkhole loss or disputing another
 3136  sinkhole report regarding insured structures must be provided to
 3137  the neutral evaluator before the evaluator’s physical inspection
 3138  of the insured property.
 3139         (6) The insurer shall pay reasonable the costs associated
 3140  with the neutral evaluation. However, if a party chooses to hire
 3141  a court reporter or stenographer to contemporaneously record and
 3142  document the neutral evaluation, that party must bear such
 3143  costs.
 3144         (7) Upon receipt of a request for neutral evaluation, the
 3145  department shall provide the parties a list of certified neutral
 3146  evaluators. The parties shall mutually select a neutral
 3147  evaluator from the list and promptly inform the department. If
 3148  the parties cannot agree to a neutral evaluator within 10
 3149  business days, The department shall allow the parties to submit
 3150  requests to disqualify evaluators on the list for cause.
 3151         (a) The department shall disqualify neutral evaluators for
 3152  cause based only on any of the following grounds:
 3153         1. A familial relationship exists between the neutral
 3154  evaluator and either party or a representative of either party
 3155  within the third degree.
 3156         2. The proposed neutral evaluator has, in a professional
 3157  capacity, previously represented either party or a
 3158  representative of either party, in the same or a substantially
 3159  related matter.
 3160         3. The proposed neutral evaluator has, in a professional
 3161  capacity, represented another person in the same or a
 3162  substantially related matter and that person’s interests are
 3163  materially adverse to the interests of the parties. The term
 3164  “substantially related matter” means participation by the
 3165  neutral evaluator on the same claim, property, or adjacent
 3166  property.
 3167         4. The proposed neutral evaluator has, within the preceding
 3168  5 years, worked as an employer or employee of any party to the
 3169  case.
 3170         (b) The parties shall appoint a neutral evaluator from the
 3171  department list and promptly inform the department. If the
 3172  parties cannot agree to a neutral evaluator within 14 days, the
 3173  department shall appoint a neutral evaluator from the list of
 3174  certified neutral evaluators. The department shall allow each
 3175  party to disqualify two neutral evaluators without cause. Upon
 3176  selection or appointment, the department shall promptly refer
 3177  the request to the neutral evaluator.
 3178         (c) Within 14 5 business days after the referral, the
 3179  neutral evaluator shall notify the policyholder and the insurer
 3180  of the date, time, and place of the neutral evaluation
 3181  conference. The conference may be held by telephone, if feasible
 3182  and desirable. The neutral evaluator shall make reasonable
 3183  efforts to hold the neutral evaluation conference shall be held
 3184  within 90 45 days after the receipt of the request by the
 3185  department. Failure of the neutral evaluator to hold the
 3186  conference within 90 days does not invalidate either party’s
 3187  right to neutral evaluation or to a neutral evaluation
 3188  conference held outside this timeframe.
 3189         (8) The department shall adopt rules of procedure for the
 3190  neutral evaluation process.
 3191         (8)(9) For policyholders not represented by an attorney, a
 3192  consumer affairs specialist of the department or an employee
 3193  designated as the primary contact for consumers on issues
 3194  relating to sinkholes under s. 20.121 shall be available for
 3195  consultation to the extent that he or she may lawfully do so.
 3196         (9)(10) Evidence of an offer to settle a claim during the
 3197  neutral evaluation process, as well as any relevant conduct or
 3198  statements made in negotiations concerning the offer to settle a
 3199  claim, is inadmissible to prove liability or absence of
 3200  liability for the claim or its value, except as provided in
 3201  subsection (14) (13).
 3202         (10)(11)Regardless of when noticed, any court proceeding
 3203  related to the subject matter of the neutral evaluation shall be
 3204  stayed pending completion of the neutral evaluation and for 5
 3205  days after the filing of the neutral evaluator’s report with the
 3206  court.
 3207         (11) If, based upon his or her professional training and
 3208  credentials, a neutral evaluator is qualified to determine only
 3209  disputes relating to causation or method of repair, the
 3210  department shall allow the neutral evaluator to enlist the
 3211  assistance of another professional from the neutral evaluators
 3212  list not previously stricken, who, based upon his or her
 3213  professional training and credentials, is able to provide an
 3214  opinion as to other disputed issues. A professional who would be
 3215  disqualified for any reason listed in subsection (7) must be
 3216  disqualified. The neutral evaluator may also use the services of
 3217  professional engineers and professional geologists who are not
 3218  certified as neutral evaluators, as well as licensed building
 3219  contractors, in order to ensure that all items in dispute are
 3220  addressed and the neutral evaluation can be completed. Any
 3221  professional engineer, professional geologist, or licensed
 3222  building contractor retained may be disqualified for any of the
 3223  reasons listed in subsection (7). The neutral evaluator may
 3224  request the entity that performed the investigation pursuant to
 3225  s. 627.7072 perform such additional and reasonable testing as
 3226  deemed necessary in the professional opinion of the neutral
 3227  evaluator.
 3228         (12) At For matters that are not resolved by the parties at
 3229  the conclusion of the neutral evaluation, the neutral evaluator
 3230  shall prepare a report describing all matters that are the
 3231  subject of the neutral evaluation, including whether, stating
 3232  that in his or her opinion, the sinkhole loss has been verified
 3233  or eliminated within a reasonable degree of professional
 3234  probability and, if verified, whether the sinkhole activity
 3235  caused structural damage to the covered building, and if so, the
 3236  need for and estimated costs of stabilizing the land and any
 3237  covered structures or buildings and other appropriate
 3238  remediation or necessary building structural repairs due to the
 3239  sinkhole loss. The evaluator’s report shall be sent to all
 3240  parties in attendance at the neutral evaluation and to the
 3241  department, within 14 days after completing the neutral
 3242  evaluation conference.
 3243         (13) The recommendation of the neutral evaluator is not
 3244  binding on any party, and the parties retain access to the
 3245  court. The neutral evaluator’s written recommendation, oral
 3246  testimony, and full report shall be admitted is admissible in
 3247  any subsequent action, litigation, or proceeding relating to the
 3248  claim or to the cause of action giving rise to the claim.
 3249  However, oral or written statements or nonverbal conduct
 3250  intended to make an assertion made by a party or neutral
 3251  evaluator during the course of neutral evaluation, other than
 3252  those statements or conduct expressly required to be admitted by
 3253  this subsection, are confidential and may not be disclosed to a
 3254  person other than a party to neutral evaluation or a party’s
 3255  counsel.
 3256         (14) If the neutral evaluator first verifies the existence
 3257  of a sinkhole that caused structural damage and, second,
 3258  recommends the need for and estimates costs of stabilizing the
 3259  land and any covered structures or buildings and other
 3260  appropriate remediation or building structural repairs, which
 3261  costs exceed the amount that the insurer estimates as necessary
 3262  to stabilize and repair, and the insurer refuses to comply with
 3263  the neutral evaluator’s findings and recommendations has offered
 3264  to pay the policyholder, the insurer is liable to the
 3265  policyholder for up to $2,500 in attorney’s fees for the
 3266  attorney’s participation in the neutral evaluation process. For
 3267  purposes of this subsection, the term “offer to pay” means a
 3268  written offer signed by the insurer or its legal representative
 3269  and delivered to the policyholder within 10 days after the
 3270  insurer receives notice that a request for neutral evaluation
 3271  has been made under this section.
 3272         (15) If the insurer timely agrees in writing to comply and
 3273  timely complies with the recommendation of the neutral
 3274  evaluator, but the policyholder declines to resolve the matter
 3275  in accordance with the recommendation of the neutral evaluator
 3276  pursuant to this section:
 3277         (a) The insurer is not liable for extracontractual damages
 3278  related to a claim for a sinkhole loss but only as related to
 3279  the issues determined by the neutral evaluation process. This
 3280  section does not affect or impair claims for extracontractual
 3281  damages unrelated to the issues determined by the neutral
 3282  evaluation process contained in this section; and
 3283         (b) The actions of the insurer are not a confession of
 3284  judgment or admission of liability, and the insurer is not
 3285  liable for attorney’s fees under s. 627.428 or other provisions
 3286  of the insurance code unless the policyholder obtains a judgment
 3287  that is more favorable than the recommendation of the neutral
 3288  evaluator.
 3289         (16) If the insurer agrees to comply with the neutral
 3290  evaluator’s report, payments shall be made in accordance with
 3291  the terms and conditions of the applicable insurance policy
 3292  pursuant to s. 627.707(5).
 3293         (17) Neutral evaluators are deemed to be agents of the
 3294  department and have immunity from suit as provided in s. 44.107.
 3295         (18) The department shall adopt rules of procedure for the
 3296  neutral evaluation process.
 3297         Section 28. Subsection (1) of section 627.712, Florida
 3298  Statutes, is amended to read:
 3299         627.712 Residential windstorm coverage required;
 3300  availability of exclusions for windstorm or contents.—
 3301         (1) An insurer issuing a residential property insurance
 3302  policy must provide windstorm coverage. Except as provided in
 3303  paragraph (2)(c), this section does not apply with respect to
 3304  risks that are eligible for wind-only coverage from Citizens
 3305  Property Insurance Corporation under s. 627.351(6), and with
 3306  respect to risks that are not eligible for coverage from
 3307  Citizens Property Insurance Corporation under s. 627.351(6)(a)3.
 3308  or 5. A risk ineligible for Citizens coverage by the corporation
 3309  under s. 627.351(6)(a)3. or 5. is exempt from the requirements
 3310  of this section only if the risk is located within the
 3311  boundaries of the coastal high-risk account of the corporation.
 3312         Section 29. Except as otherwise expressly provided in this
 3313  act and except for this section, which shall take effect June 1,
 3314  2011, this act shall take effect July 1, 2011.