Florida Senate - 2013                                    SB 1428
       
       
       
       By Senator Flores
       
       
       
       
       37-01266-13                                           20131428__
    1                        A bill to be entitled                      
    2         An act relating to Citizens Property Insurance
    3         Corporation; amending s. 627.351, F.S.; revising the
    4         membership of the board of governors of the
    5         corporation to require that two members be residents
    6         of specified counties and provide for the Chief
    7         Financial Officer’s appointment of an additional
    8         member to serve as a consumer advocate; providing an
    9         effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (c) of subsection (6) of section
   14  627.351, Florida Statutes, is amended to read:
   15         627.351 Insurance risk apportionment plans.—
   16         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   17         (c) The corporation’s plan of operation:
   18         1. Must provide for adoption of residential property and
   19  casualty insurance policy forms and commercial residential and
   20  nonresidential property insurance forms, which must be approved
   21  by the office before use. The corporation shall adopt the
   22  following policy forms:
   23         a. Standard personal lines policy forms that are
   24  comprehensive multiperil policies providing full coverage of a
   25  residential property equivalent to the coverage provided in the
   26  private insurance market under an HO-3, HO-4, or HO-6 policy.
   27         b. Basic personal lines policy forms that are policies
   28  similar to an HO-8 policy or a dwelling fire policy that provide
   29  coverage meeting the requirements of the secondary mortgage
   30  market, but which is more limited than the coverage under a
   31  standard policy.
   32         c. Commercial lines residential and nonresidential policy
   33  forms that are generally similar to the basic perils of full
   34  coverage obtainable for commercial residential structures and
   35  commercial nonresidential structures in the admitted voluntary
   36  market.
   37         d. Personal lines and commercial lines residential property
   38  insurance forms that cover the peril of wind only. The forms are
   39  applicable only to residential properties located in areas
   40  eligible for coverage under the coastal account referred to in
   41  sub-subparagraph (b)2.a.
   42         e. Commercial lines nonresidential property insurance forms
   43  that cover the peril of wind only. The forms are applicable only
   44  to nonresidential properties located in areas eligible for
   45  coverage under the coastal account referred to in sub
   46  subparagraph (b)2.a.
   47         f. The corporation may adopt variations of the policy forms
   48  listed in sub-subparagraphs a.-e. which contain more restrictive
   49  coverage.
   50         g. Effective January 1, 2013, the corporation shall offer a
   51  basic personal lines policy similar to an HO-8 policy with
   52  dwelling repair based on common construction materials and
   53  methods.
   54         2. Must provide that the corporation adopt a program in
   55  which the corporation and authorized insurers enter into quota
   56  share primary insurance agreements for hurricane coverage, as
   57  defined in s. 627.4025(2)(a), for eligible risks, and adopt
   58  property insurance forms for eligible risks which cover the
   59  peril of wind only.
   60         a. As used in this subsection, the term:
   61         (I) “Quota share primary insurance” means an arrangement in
   62  which the primary hurricane coverage of an eligible risk is
   63  provided in specified percentages by the corporation and an
   64  authorized insurer. The corporation and authorized insurer are
   65  each solely responsible for a specified percentage of hurricane
   66  coverage of an eligible risk as set forth in a quota share
   67  primary insurance agreement between the corporation and an
   68  authorized insurer and the insurance contract. The
   69  responsibility of the corporation or authorized insurer to pay
   70  its specified percentage of hurricane losses of an eligible
   71  risk, as set forth in the agreement, may not be altered by the
   72  inability of the other party to pay its specified percentage of
   73  losses. Eligible risks that are provided hurricane coverage
   74  through a quota share primary insurance arrangement must be
   75  provided policy forms that set forth the obligations of the
   76  corporation and authorized insurer under the arrangement,
   77  clearly specify the percentages of quota share primary insurance
   78  provided by the corporation and authorized insurer, and
   79  conspicuously and clearly state that the authorized insurer and
   80  the corporation may not be held responsible beyond their
   81  specified percentage of coverage of hurricane losses.
   82         (II) “Eligible risks” means personal lines residential and
   83  commercial lines residential risks that meet the underwriting
   84  criteria of the corporation and are located in areas that were
   85  eligible for coverage by the Florida Windstorm Underwriting
   86  Association on January 1, 2002.
   87         b. The corporation may enter into quota share primary
   88  insurance agreements with authorized insurers at corporation
   89  coverage levels of 90 percent and 50 percent.
   90         c. If the corporation determines that additional coverage
   91  levels are necessary to maximize participation in quota share
   92  primary insurance agreements by authorized insurers, the
   93  corporation may establish additional coverage levels. However,
   94  the corporation’s quota share primary insurance coverage level
   95  may not exceed 90 percent.
   96         d. Any quota share primary insurance agreement entered into
   97  between an authorized insurer and the corporation must provide
   98  for a uniform specified percentage of coverage of hurricane
   99  losses, by county or territory as set forth by the corporation
  100  board, for all eligible risks of the authorized insurer covered
  101  under the agreement.
  102         e. Any quota share primary insurance agreement entered into
  103  between an authorized insurer and the corporation is subject to
  104  review and approval by the office. However, such agreement shall
  105  be authorized only as to insurance contracts entered into
  106  between an authorized insurer and an insured who is already
  107  insured by the corporation for wind coverage.
  108         f. For all eligible risks covered under quota share primary
  109  insurance agreements, the exposure and coverage levels for both
  110  the corporation and authorized insurers shall be reported by the
  111  corporation to the Florida Hurricane Catastrophe Fund. For all
  112  policies of eligible risks covered under such agreements, the
  113  corporation and the authorized insurer must maintain complete
  114  and accurate records for the purpose of exposure and loss
  115  reimbursement audits as required by fund rules. The corporation
  116  and the authorized insurer shall each maintain duplicate copies
  117  of policy declaration pages and supporting claims documents.
  118         g. The corporation board shall establish in its plan of
  119  operation standards for quota share agreements which ensure that
  120  there is no discriminatory application among insurers as to the
  121  terms of the agreements, pricing of the agreements, incentive
  122  provisions if any, and consideration paid for servicing policies
  123  or adjusting claims.
  124         h. The quota share primary insurance agreement between the
  125  corporation and an authorized insurer must set forth the
  126  specific terms under which coverage is provided, including, but
  127  not limited to, the sale and servicing of policies issued under
  128  the agreement by the insurance agent of the authorized insurer
  129  producing the business, the reporting of information concerning
  130  eligible risks, the payment of premium to the corporation, and
  131  arrangements for the adjustment and payment of hurricane claims
  132  incurred on eligible risks by the claims adjuster and personnel
  133  of the authorized insurer. Entering into a quota sharing
  134  insurance agreement between the corporation and an authorized
  135  insurer is voluntary and at the discretion of the authorized
  136  insurer.
  137         3.a. May provide that the corporation may employ or
  138  otherwise contract with individuals or other entities to provide
  139  administrative or professional services that may be appropriate
  140  to effectuate the plan. The corporation may borrow funds by
  141  issuing bonds or by incurring other indebtedness, and shall have
  142  other powers reasonably necessary to effectuate the requirements
  143  of this subsection, including, without limitation, the power to
  144  issue bonds and incur other indebtedness in order to refinance
  145  outstanding bonds or other indebtedness. The corporation may
  146  seek judicial validation of its bonds or other indebtedness
  147  under chapter 75. The corporation may issue bonds or incur other
  148  indebtedness, or have bonds issued on its behalf by a unit of
  149  local government pursuant to subparagraph (q)2. in the absence
  150  of a hurricane or other weather-related event, upon a
  151  determination by the corporation, subject to approval by the
  152  office, that such action would enable it to efficiently meet the
  153  financial obligations of the corporation and that such
  154  financings are reasonably necessary to effectuate the
  155  requirements of this subsection. The corporation may take all
  156  actions needed to facilitate tax-free status for such bonds or
  157  indebtedness, including formation of trusts or other affiliated
  158  entities. The corporation may pledge assessments, projected
  159  recoveries from the Florida Hurricane Catastrophe Fund, other
  160  reinsurance recoverables, policyholder surcharges and other
  161  surcharges, and other funds available to the corporation as
  162  security for bonds or other indebtedness. In recognition of s.
  163  10, Art. I of the State Constitution, prohibiting the impairment
  164  of obligations of contracts, it is the intent of the Legislature
  165  that no action be taken whose purpose is to impair any bond
  166  indenture or financing agreement or any revenue source committed
  167  by contract to such bond or other indebtedness.
  168         b. To ensure that the corporation is operating in an
  169  efficient and economic manner while providing quality service to
  170  policyholders, applicants, and agents, the board shall
  171  commission an independent third-party consultant having
  172  expertise in insurance company management or insurance company
  173  management consulting to prepare a report and make
  174  recommendations on the relative costs and benefits of
  175  outsourcing various policy issuance and service functions to
  176  private servicing carriers or entities performing similar
  177  functions in the private market for a fee, rather than
  178  performing such functions in-house. In making such
  179  recommendations, the consultant shall consider how other
  180  residual markets, both in this state and around the country,
  181  outsource appropriate functions or use servicing carriers to
  182  better match expenses with revenues that fluctuate based on a
  183  widely varying policy count. The report must be completed by
  184  July 1, 2012. Upon receiving the report, the board shall develop
  185  a plan to implement the report and submit the plan for review,
  186  modification, and approval to the Financial Services Commission.
  187  Upon the commission’s approval of the plan, the board shall
  188  begin implementing the plan by January 1, 2013.
  189         4. Must require that the corporation operate subject to the
  190  supervision and approval of a board of governors consisting of
  191  nine eight individuals who are residents of this state, one of
  192  whom is a resident of Miami-Dade County, one of whom is a
  193  resident of Monroe County, six of whom are from different
  194  geographical areas of this state, and one of whom is appointed
  195  by the Chief Financial Officer and serves solely as a consumer
  196  advocate. The appointment of a consumer advocate by the Chief
  197  Financial Officer is in addition to the appointments authorized
  198  under sub-subparagraph a.
  199         a. The Governor, the Chief Financial Officer, the President
  200  of the Senate, and the Speaker of the House of Representatives
  201  shall each appoint two members of the board. At least one of the
  202  two members appointed by each appointing officer must have
  203  demonstrated expertise in insurance and is deemed to be within
  204  the scope of the exemption provided in s. 112.313(7)(b). The
  205  Chief Financial Officer shall designate one of the appointees as
  206  chair. All board members serve at the pleasure of the appointing
  207  officer. All members of the board are subject to removal at will
  208  by the officers who appointed them. All board members, including
  209  the chair, must be appointed to serve for 3-year terms beginning
  210  annually on a date designated by the plan. However, for the
  211  first term beginning on or after July 1, 2009, each appointing
  212  officer shall appoint one member of the board for a 2-year term
  213  and one member for a 3-year term. A board vacancy shall be
  214  filled for the unexpired term by the appointing officer. The
  215  Chief Financial Officer shall appoint a technical advisory group
  216  to provide information and advice to the board in connection
  217  with the board’s duties under this subsection. The executive
  218  director and senior managers of the corporation shall be engaged
  219  by the board and serve at the pleasure of the board. Any
  220  executive director appointed on or after July 1, 2006, is
  221  subject to confirmation by the Senate. The executive director is
  222  responsible for employing other staff as the corporation may
  223  require, subject to review and concurrence by the board.
  224         b. The board shall create a Market Accountability Advisory
  225  Committee to assist the corporation in developing awareness of
  226  its rates and its customer and agent service levels in
  227  relationship to the voluntary market insurers writing similar
  228  coverage.
  229         (I) The members of the advisory committee consist of the
  230  following 11 persons, one of whom must be elected chair by the
  231  members of the committee: four representatives, one appointed by
  232  the Florida Association of Insurance Agents, one by the Florida
  233  Association of Insurance and Financial Advisors, one by the
  234  Professional Insurance Agents of Florida, and one by the Latin
  235  American Association of Insurance Agencies; three
  236  representatives appointed by the insurers with the three highest
  237  voluntary market share of residential property insurance
  238  business in the state; one representative from the Office of
  239  Insurance Regulation; one consumer appointed by the board who is
  240  insured by the corporation at the time of appointment to the
  241  committee; one representative appointed by the Florida
  242  Association of Realtors; and one representative appointed by the
  243  Florida Bankers Association. All members shall be appointed to
  244  3-year terms and may serve for consecutive terms.
  245         (II) The committee shall report to the corporation at each
  246  board meeting on insurance market issues which may include rates
  247  and rate competition with the voluntary market; service,
  248  including policy issuance, claims processing, and general
  249  responsiveness to policyholders, applicants, and agents; and
  250  matters relating to depopulation.
  251         5. Must provide a procedure for determining the eligibility
  252  of a risk for coverage, as follows:
  253         a. Subject to s. 627.3517, with respect to personal lines
  254  residential risks, if the risk is offered coverage from an
  255  authorized insurer at the insurer’s approved rate under a
  256  standard policy including wind coverage or, if consistent with
  257  the insurer’s underwriting rules as filed with the office, a
  258  basic policy including wind coverage, for a new application to
  259  the corporation for coverage, the risk is not eligible for any
  260  policy issued by the corporation unless the premium for coverage
  261  from the authorized insurer is more than 15 percent greater than
  262  the premium for comparable coverage from the corporation. If the
  263  risk is not able to obtain such offer, the risk is eligible for
  264  a standard policy including wind coverage or a basic policy
  265  including wind coverage issued by the corporation; however, if
  266  the risk could not be insured under a standard policy including
  267  wind coverage regardless of market conditions, the risk is
  268  eligible for a basic policy including wind coverage unless
  269  rejected under subparagraph 8. However, a policyholder of the
  270  corporation or a policyholder removed from the corporation
  271  through an assumption agreement until the end of the assumption
  272  period remains eligible for coverage from the corporation
  273  regardless of any offer of coverage from an authorized insurer
  274  or surplus lines insurer. The corporation shall determine the
  275  type of policy to be provided on the basis of objective
  276  standards specified in the underwriting manual and based on
  277  generally accepted underwriting practices.
  278         (I) If the risk accepts an offer of coverage through the
  279  market assistance plan or through a mechanism established by the
  280  corporation before a policy is issued to the risk by the
  281  corporation or during the first 30 days of coverage by the
  282  corporation, and the producing agent who submitted the
  283  application to the plan or to the corporation is not currently
  284  appointed by the insurer, the insurer shall:
  285         (A) Pay to the producing agent of record of the policy for
  286  the first year, an amount that is the greater of the insurer’s
  287  usual and customary commission for the type of policy written or
  288  a fee equal to the usual and customary commission of the
  289  corporation; or
  290         (B) Offer to allow the producing agent of record of the
  291  policy to continue servicing the policy for at least 1 year and
  292  offer to pay the agent the greater of the insurer’s or the
  293  corporation’s usual and customary commission for the type of
  294  policy written.
  295  
  296  If the producing agent is unwilling or unable to accept
  297  appointment, the new insurer shall pay the agent in accordance
  298  with sub-sub-sub-subparagraph (A).
  299         (II) If the corporation enters into a contractual agreement
  300  for a take-out plan, the producing agent of record of the
  301  corporation policy is entitled to retain any unearned commission
  302  on the policy, and the insurer shall:
  303         (A) Pay to the producing agent of record, for the first
  304  year, an amount that is the greater of the insurer’s usual and
  305  customary commission for the type of policy written or a fee
  306  equal to the usual and customary commission of the corporation;
  307  or
  308         (B) Offer to allow the producing agent of record to
  309  continue servicing the policy for at least 1 year and offer to
  310  pay the agent the greater of the insurer’s or the corporation’s
  311  usual and customary commission for the type of policy written.
  312  
  313  If the producing agent is unwilling or unable to accept
  314  appointment, the new insurer shall pay the agent in accordance
  315  with sub-sub-sub-subparagraph (A).
  316         b. With respect to commercial lines residential risks, for
  317  a new application to the corporation for coverage, if the risk
  318  is offered coverage under a policy including wind coverage from
  319  an authorized insurer at its approved rate, the risk is not
  320  eligible for a policy issued by the corporation unless the
  321  premium for coverage from the authorized insurer is more than 15
  322  percent greater than the premium for comparable coverage from
  323  the corporation. If the risk is not able to obtain any such
  324  offer, the risk is eligible for a policy including wind coverage
  325  issued by the corporation. However, a policyholder of the
  326  corporation or a policyholder removed from the corporation
  327  through an assumption agreement until the end of the assumption
  328  period remains eligible for coverage from the corporation
  329  regardless of an offer of coverage from an authorized insurer or
  330  surplus lines insurer.
  331         (I) If the risk accepts an offer of coverage through the
  332  market assistance plan or through a mechanism established by the
  333  corporation before a policy is issued to the risk by the
  334  corporation or during the first 30 days of coverage by the
  335  corporation, and the producing agent who submitted the
  336  application to the plan or the corporation is not currently
  337  appointed by the insurer, the insurer shall:
  338         (A) Pay to the producing agent of record of the policy, for
  339  the first year, an amount that is the greater of the insurer’s
  340  usual and customary commission for the type of policy written or
  341  a fee equal to the usual and customary commission of the
  342  corporation; or
  343         (B) Offer to allow the producing agent of record of the
  344  policy to continue servicing the policy for at least 1 year and
  345  offer to pay the agent the greater of the insurer’s or the
  346  corporation’s usual and customary commission for the type of
  347  policy written.
  348  
  349  If the producing agent is unwilling or unable to accept
  350  appointment, the new insurer shall pay the agent in accordance
  351  with sub-sub-sub-subparagraph (A).
  352         (II) If the corporation enters into a contractual agreement
  353  for a take-out plan, the producing agent of record of the
  354  corporation policy is entitled to retain any unearned commission
  355  on the policy, and the insurer shall:
  356         (A) Pay to the producing agent of record, for the first
  357  year, an amount that is the greater of the insurer’s usual and
  358  customary commission for the type of policy written or a fee
  359  equal to the usual and customary commission of the corporation;
  360  or
  361         (B) Offer to allow the producing agent of record to
  362  continue servicing the policy for at least 1 year and offer to
  363  pay the agent the greater of the insurer’s or the corporation’s
  364  usual and customary commission for the type of policy written.
  365  
  366  If the producing agent is unwilling or unable to accept
  367  appointment, the new insurer shall pay the agent in accordance
  368  with sub-sub-sub-subparagraph (A).
  369         c. For purposes of determining comparable coverage under
  370  sub-subparagraphs a. and b., the comparison must be based on
  371  those forms and coverages that are reasonably comparable. The
  372  corporation may rely on a determination of comparable coverage
  373  and premium made by the producing agent who submits the
  374  application to the corporation, made in the agent’s capacity as
  375  the corporation’s agent. A comparison may be made solely of the
  376  premium with respect to the main building or structure only on
  377  the following basis: the same coverage A or other building
  378  limits; the same percentage hurricane deductible that applies on
  379  an annual basis or that applies to each hurricane for commercial
  380  residential property; the same percentage of ordinance and law
  381  coverage, if the same limit is offered by both the corporation
  382  and the authorized insurer; the same mitigation credits, to the
  383  extent the same types of credits are offered both by the
  384  corporation and the authorized insurer; the same method for loss
  385  payment, such as replacement cost or actual cash value, if the
  386  same method is offered both by the corporation and the
  387  authorized insurer in accordance with underwriting rules; and
  388  any other form or coverage that is reasonably comparable as
  389  determined by the board. If an application is submitted to the
  390  corporation for wind-only coverage in the coastal account, the
  391  premium for the corporation’s wind-only policy plus the premium
  392  for the ex-wind policy that is offered by an authorized insurer
  393  to the applicant must be compared to the premium for multiperil
  394  coverage offered by an authorized insurer, subject to the
  395  standards for comparison specified in this subparagraph. If the
  396  corporation or the applicant requests from the authorized
  397  insurer a breakdown of the premium of the offer by types of
  398  coverage so that a comparison may be made by the corporation or
  399  its agent and the authorized insurer refuses or is unable to
  400  provide such information, the corporation may treat the offer as
  401  not being an offer of coverage from an authorized insurer at the
  402  insurer’s approved rate.
  403         6. Must include rules for classifications of risks and
  404  rates.
  405         7. Must provide that if premium and investment income for
  406  an account attributable to a particular calendar year are in
  407  excess of projected losses and expenses for the account
  408  attributable to that year, such excess shall be held in surplus
  409  in the account. Such surplus must be available to defray
  410  deficits in that account as to future years and used for that
  411  purpose before assessing assessable insurers and assessable
  412  insureds as to any calendar year.
  413         8. Must provide objective criteria and procedures to be
  414  uniformly applied to all applicants in determining whether an
  415  individual risk is so hazardous as to be uninsurable. In making
  416  this determination and in establishing the criteria and
  417  procedures, the following must be considered:
  418         a. Whether the likelihood of a loss for the individual risk
  419  is substantially higher than for other risks of the same class;
  420  and
  421         b. Whether the uncertainty associated with the individual
  422  risk is such that an appropriate premium cannot be determined.
  423  
  424  The acceptance or rejection of a risk by the corporation shall
  425  be construed as the private placement of insurance, and the
  426  provisions of chapter 120 do not apply.
  427         9. Must provide that the corporation make its best efforts
  428  to procure catastrophe reinsurance at reasonable rates, to cover
  429  its projected 100-year probable maximum loss as determined by
  430  the board of governors.
  431         10. The policies issued by the corporation must provide
  432  that if the corporation or the market assistance plan obtains an
  433  offer from an authorized insurer to cover the risk at its
  434  approved rates, the risk is no longer eligible for renewal
  435  through the corporation, except as otherwise provided in this
  436  subsection.
  437         11. Corporation policies and applications must include a
  438  notice that the corporation policy could, under this section, be
  439  replaced with a policy issued by an authorized insurer which
  440  does not provide coverage identical to the coverage provided by
  441  the corporation. The notice must also specify that acceptance of
  442  corporation coverage creates a conclusive presumption that the
  443  applicant or policyholder is aware of this potential.
  444         12. May establish, subject to approval by the office,
  445  different eligibility requirements and operational procedures
  446  for any line or type of coverage for any specified county or
  447  area if the board determines that such changes are justified due
  448  to the voluntary market being sufficiently stable and
  449  competitive in such area or for such line or type of coverage
  450  and that consumers who, in good faith, are unable to obtain
  451  insurance through the voluntary market through ordinary methods
  452  continue to have access to coverage from the corporation. If
  453  coverage is sought in connection with a real property transfer,
  454  the requirements and procedures may not provide an effective
  455  date of coverage later than the date of the closing of the
  456  transfer as established by the transferor, the transferee, and,
  457  if applicable, the lender.
  458         13. Must provide that, with respect to the coastal account,
  459  any assessable insurer with a surplus as to policyholders of $25
  460  million or less writing 25 percent or more of its total
  461  countrywide property insurance premiums in this state may
  462  petition the office, within the first 90 days of each calendar
  463  year, to qualify as a limited apportionment company. A regular
  464  assessment levied by the corporation on a limited apportionment
  465  company for a deficit incurred by the corporation for the
  466  coastal account may be paid to the corporation on a monthly
  467  basis as the assessments are collected by the limited
  468  apportionment company from its insureds, but a limited
  469  apportionment company must begin collecting the regular
  470  assessments not later than 90 days after the regular assessments
  471  are levied by the corporation, and the regular assessments must
  472  be paid in full within 15 months after being levied by the
  473  corporation. A limited apportionment company shall collect from
  474  its policyholders any emergency assessment imposed under sub
  475  subparagraph (b)3.d. The plan must provide that, if the office
  476  determines that any regular assessment will result in an
  477  impairment of the surplus of a limited apportionment company,
  478  the office may direct that all or part of such assessment be
  479  deferred as provided in subparagraph (q)4. However, an emergency
  480  assessment to be collected from policyholders under sub
  481  subparagraph (b)3.d. may not be limited or deferred.
  482         14. Must provide that the corporation appoint as its
  483  licensed agents only those agents who also hold an appointment
  484  as defined in s. 626.015(3) with an insurer who at the time of
  485  the agent’s initial appointment by the corporation is authorized
  486  to write and is actually writing personal lines residential
  487  property coverage, commercial residential property coverage, or
  488  commercial nonresidential property coverage within the state.
  489         15. Must provide a premium payment plan option to its
  490  policyholders which, at a minimum, allows for quarterly and
  491  semiannual payment of premiums. A monthly payment plan may, but
  492  is not required to, be offered.
  493         16. Must limit coverage on mobile homes or manufactured
  494  homes built before 1994 to actual cash value of the dwelling
  495  rather than replacement costs of the dwelling.
  496         17. May provide such limits of coverage as the board
  497  determines, consistent with the requirements of this subsection.
  498         18. May require commercial property to meet specified
  499  hurricane mitigation construction features as a condition of
  500  eligibility for coverage.
  501         19. Must provide that new or renewal policies issued by the
  502  corporation on or after January 1, 2012, which cover sinkhole
  503  loss do not include coverage for any loss to appurtenant
  504  structures, driveways, sidewalks, decks, or patios that are
  505  directly or indirectly caused by sinkhole activity. The
  506  corporation shall exclude such coverage using a notice of
  507  coverage change, which may be included with the policy renewal,
  508  and not by issuance of a notice of nonrenewal of the excluded
  509  coverage upon renewal of the current policy.
  510         20. As of January 1, 2012, must require that the agent
  511  obtain from an applicant for coverage from the corporation an
  512  acknowledgment signed by the applicant, which includes, at a
  513  minimum, the following statement:
  514                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  515                      AND ASSESSMENT LIABILITY:                    
  516         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  517  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  518  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  519  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  520  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  521  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  522  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  523  LEGISLATURE.
  524         2. I ALSO UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  525  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  526  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  527  FLORIDA LEGISLATURE.
  528         3. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  529  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  530  STATE OF FLORIDA.
  531         a. The corporation shall maintain, in electronic format or
  532  otherwise, a copy of the applicant’s signed acknowledgment and
  533  provide a copy of the statement to the policyholder as part of
  534  the first renewal after the effective date of this subparagraph.
  535         b. The signed acknowledgment form creates a conclusive
  536  presumption that the policyholder understood and accepted his or
  537  her potential surcharge and assessment liability as a
  538  policyholder of the corporation.
  539         Section 2. This act shall take effect July 1, 2013.