Florida Senate - 2021                             CS for SB 1574
       
       
        
       By the Committee on Banking and Insurance; and Senator Brandes
       
       
       
       
       
       597-02917-21                                          20211574c1
    1                        A bill to be entitled                      
    2         An act relating to Citizens Property Insurance
    3         Corporation; amending s. 627.021, F.S.; revising
    4         applicability; amending s. 627.351, F.S.; revising the
    5         method for determining the amounts of potential
    6         surcharges to be levied against policyholders under
    7         certain circumstances; requiring the corporation to
    8         levy an annual legal expenses surcharge; revising
    9         conditions for eligibility for coverage with the
   10         corporation to require a certain minimum premium;
   11         specifying a limit for agent commission rates;
   12         revising the application of annual rate increase
   13         limits to certain policies issued by the corporation;
   14         providing that eligible surplus lines insurers may
   15         participate, in the same manner and on the same terms
   16         as an authorized insurer, in depopulation, take-out,
   17         or keep-out programs relating to policies removed from
   18         Citizens Property Insurance Corporation; providing
   19         certain exceptions, conditions, and requirements
   20         relating to such participation by a surplus lines
   21         insurer in the corporation’s depopulation, take-out,
   22         or keep-out programs; providing thresholds for
   23         eligibility for coverage by the corporation for risks
   24         offered coverage from qualified surplus lines
   25         insurers; authorizing information from underwriting
   26         files and confidential claims files to be released by
   27         the corporation to specified entities considering
   28         writing or underwriting risks insured by the
   29         corporation under certain circumstances; specifying
   30         that only the corporation’s transfer of a policy file
   31         to an insurer, as opposed to the transfer of any file,
   32         changes the file’s public record status; making
   33         technical changes; amending s. 627.3517, F.S.; making
   34         technical changes; amending s. 627.3518, F.S., and
   35         reenacting subsections (6) and (7), relating to the
   36         Citizens Property Insurance Corporation policyholder
   37         eligibility clearinghouse program, to incorporate the
   38         amendments made to s. 627.351, F.S., in references
   39         thereto; conforming provisions to changes made by the
   40         act; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsection (2) of section 627.021, Florida
   45  Statutes, is amended to read:
   46         627.021 Scope of this part.—
   47         (2) This part does not apply to:
   48         (a) Reinsurance, except joint reinsurance as provided in s.
   49  627.311.
   50         (b) Insurance against loss of or damage to aircraft, their
   51  hulls, accessories, or equipment, or against liability, other
   52  than workers’ compensation and employer’s liability, arising out
   53  of the ownership, maintenance, or use of aircraft.
   54         (c) Insurance of vessels or craft, their cargoes, marine
   55  builders’ risks, marine protection and indemnity, or other risks
   56  commonly insured under marine insurance policies.
   57         (d) Commercial inland marine insurance.
   58         (e) Except as may be specifically stated to apply, surplus
   59  lines insurance placed under the provisions of ss. 626.913
   60  626.937.
   61         Section 2. Paragraphs (b), (c), (n), (q), and (x) of
   62  subsection (6) of section 627.351, Florida Statutes, are amended
   63  to read:
   64         627.351 Insurance risk apportionment plans.—
   65         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   66         (b)1. All insurers authorized to write one or more subject
   67  lines of business in this state are subject to assessment by the
   68  corporation and, for the purposes of this subsection, are
   69  referred to collectively as “assessable insurers.” Insurers
   70  writing one or more subject lines of business in this state
   71  pursuant to part VIII of chapter 626 are not assessable
   72  insurers; however, insureds who procure one or more subject
   73  lines of business in this state pursuant to part VIII of chapter
   74  626 are subject to assessment by the corporation and are
   75  referred to collectively as “assessable insureds.” An insurer’s
   76  assessment liability begins on the first day of the calendar
   77  year following the year in which the insurer was issued a
   78  certificate of authority to transact insurance for subject lines
   79  of business in this state and terminates 1 year after the end of
   80  the first calendar year during which the insurer no longer holds
   81  a certificate of authority to transact insurance for subject
   82  lines of business in this state.
   83         2.a. All revenues, assets, liabilities, losses, and
   84  expenses of the corporation shall be divided into three separate
   85  accounts as follows:
   86         (I) A personal lines account for personal residential
   87  policies issued by the corporation which provides comprehensive,
   88  multiperil coverage on risks that are not located in areas
   89  eligible for coverage by the Florida Windstorm Underwriting
   90  Association as those areas were defined on January 1, 2002, and
   91  for policies that do not provide coverage for the peril of wind
   92  on risks that are located in such areas;
   93         (II) A commercial lines account for commercial residential
   94  and commercial nonresidential policies issued by the corporation
   95  which provides coverage for basic property perils on risks that
   96  are not located in areas eligible for coverage by the Florida
   97  Windstorm Underwriting Association as those areas were defined
   98  on January 1, 2002, and for policies that do not provide
   99  coverage for the peril of wind on risks that are located in such
  100  areas; and
  101         (III) A coastal account for personal residential policies
  102  and commercial residential and commercial nonresidential
  103  property policies issued by the corporation which provides
  104  coverage for the peril of wind on risks that are located in
  105  areas eligible for coverage by the Florida Windstorm
  106  Underwriting Association as those areas were defined on January
  107  1, 2002. The corporation may offer policies that provide
  108  multiperil coverage and shall offer policies that provide
  109  coverage only for the peril of wind for risks located in areas
  110  eligible for coverage in the coastal account. Effective July 1,
  111  2014, the corporation shall cease offering new commercial
  112  residential policies providing multiperil coverage and shall
  113  instead continue to offer commercial residential wind-only
  114  policies, and may offer commercial residential policies
  115  excluding wind. The corporation may, however, continue to renew
  116  a commercial residential multiperil policy on a building that is
  117  insured by the corporation on June 30, 2014, under a multiperil
  118  policy. In issuing multiperil coverage, the corporation may use
  119  its approved policy forms and rates for the personal lines
  120  account. An applicant or insured who is eligible to purchase a
  121  multiperil policy from the corporation may purchase a multiperil
  122  policy from an authorized insurer without prejudice to the
  123  applicant’s or insured’s eligibility to prospectively purchase a
  124  policy that provides coverage only for the peril of wind from
  125  the corporation. An applicant or insured who is eligible for a
  126  corporation policy that provides coverage only for the peril of
  127  wind may elect to purchase or retain such policy and also
  128  purchase or retain coverage excluding wind from an authorized
  129  insurer without prejudice to the applicant’s or insured’s
  130  eligibility to prospectively purchase a policy that provides
  131  multiperil coverage from the corporation. It is the goal of the
  132  Legislature that there be an overall average savings of 10
  133  percent or more for a policyholder who currently has a wind-only
  134  policy with the corporation, and an ex-wind policy with a
  135  voluntary insurer or the corporation, and who obtains a
  136  multiperil policy from the corporation. It is the intent of the
  137  Legislature that the offer of multiperil coverage in the coastal
  138  account be made and implemented in a manner that does not
  139  adversely affect the tax-exempt status of the corporation or
  140  creditworthiness of or security for currently outstanding
  141  financing obligations or credit facilities of the coastal
  142  account, the personal lines account, or the commercial lines
  143  account. The coastal account must also include quota share
  144  primary insurance under subparagraph (c)2. The area eligible for
  145  coverage under the coastal account also includes the area within
  146  Port Canaveral, which is bordered on the south by the City of
  147  Cape Canaveral, bordered on the west by the Banana River, and
  148  bordered on the north by Federal Government property.
  149         b. The three separate accounts must be maintained as long
  150  as financing obligations entered into by the Florida Windstorm
  151  Underwriting Association or Residential Property and Casualty
  152  Joint Underwriting Association are outstanding, in accordance
  153  with the terms of the corresponding financing documents. If the
  154  financing obligations are no longer outstanding, the corporation
  155  may use a single account for all revenues, assets, liabilities,
  156  losses, and expenses of the corporation. Consistent with this
  157  subparagraph and prudent investment policies that minimize the
  158  cost of carrying debt, the board shall exercise its best efforts
  159  to retire existing debt or obtain the approval of necessary
  160  parties to amend the terms of existing debt, so as to structure
  161  the most efficient plan for consolidating the three separate
  162  accounts into a single account.
  163         c. Creditors of the Residential Property and Casualty Joint
  164  Underwriting Association and the accounts specified in sub-sub
  165  subparagraphs a.(I) and (II) may have a claim against, and
  166  recourse to, those accounts and no claim against, or recourse
  167  to, the account referred to in sub-sub-subparagraph a.(III).
  168  Creditors of the Florida Windstorm Underwriting Association have
  169  a claim against, and recourse to, the account referred to in
  170  sub-sub-subparagraph a.(III) and no claim against, or recourse
  171  to, the accounts referred to in sub-sub-subparagraphs a.(I) and
  172  (II).
  173         d. Revenues, assets, liabilities, losses, and expenses not
  174  attributable to particular accounts shall be prorated among the
  175  accounts.
  176         e. The Legislature finds that the revenues of the
  177  corporation are revenues that are necessary to meet the
  178  requirements set forth in documents authorizing the issuance of
  179  bonds under this subsection.
  180         f. The income of the corporation may not inure to the
  181  benefit of any private person.
  182         3. With respect to a deficit in an account:
  183         a. After accounting for the Citizens policyholder surcharge
  184  imposed under sub-subparagraph i., if the remaining projected
  185  deficit incurred in the coastal account in a particular calendar
  186  year:
  187         (I) Is not greater than 2 percent of the aggregate
  188  statewide direct written premium for the subject lines of
  189  business for the prior calendar year, the entire deficit shall
  190  be recovered through regular assessments of assessable insurers
  191  under paragraph (q) and assessable insureds.
  192         (II) Exceeds 2 percent of the aggregate statewide direct
  193  written premium for the subject lines of business for the prior
  194  calendar year, the corporation shall levy regular assessments on
  195  assessable insurers under paragraph (q) and on assessable
  196  insureds in an amount equal to the greater of 2 percent of the
  197  projected deficit or 2 percent of the aggregate statewide direct
  198  written premium for the subject lines of business for the prior
  199  calendar year. Any remaining projected deficit shall be
  200  recovered through emergency assessments under sub-subparagraph
  201  d.
  202         b. Each assessable insurer’s share of the amount being
  203  assessed under sub-subparagraph a. must be in the proportion
  204  that the assessable insurer’s direct written premium for the
  205  subject lines of business for the year preceding the assessment
  206  bears to the aggregate statewide direct written premium for the
  207  subject lines of business for that year. The assessment
  208  percentage applicable to each assessable insured is the ratio of
  209  the amount being assessed under sub-subparagraph a. to the
  210  aggregate statewide direct written premium for the subject lines
  211  of business for the prior year. Assessments levied by the
  212  corporation on assessable insurers under sub-subparagraph a.
  213  must be paid as required by the corporation’s plan of operation
  214  and paragraph (q). Assessments levied by the corporation on
  215  assessable insureds under sub-subparagraph a. shall be collected
  216  by the surplus lines agent at the time the surplus lines agent
  217  collects the surplus lines tax required by s. 626.932, and paid
  218  to the Florida Surplus Lines Service Office at the time the
  219  surplus lines agent pays the surplus lines tax to that office.
  220  Upon receipt of regular assessments from surplus lines agents,
  221  the Florida Surplus Lines Service Office shall transfer the
  222  assessments directly to the corporation as determined by the
  223  corporation.
  224         c. After accounting for the Citizens policyholder surcharge
  225  imposed under sub-subparagraph i., the remaining projected
  226  deficits in the personal lines account and in the commercial
  227  lines account in a particular calendar year shall be recovered
  228  through emergency assessments under sub-subparagraph d.
  229         d. Upon a determination by the board of governors that a
  230  projected deficit in an account exceeds the amount that is
  231  expected to be recovered through regular assessments under sub
  232  subparagraph a., plus the amount that is expected to be
  233  recovered through surcharges under sub-subparagraph i., the
  234  board, after verification by the office, shall levy emergency
  235  assessments for as many years as necessary to cover the
  236  deficits, to be collected by assessable insurers and the
  237  corporation and collected from assessable insureds upon issuance
  238  or renewal of policies for subject lines of business, excluding
  239  National Flood Insurance policies. The amount collected in a
  240  particular year must be a uniform percentage of that year’s
  241  direct written premium for subject lines of business and all
  242  accounts of the corporation, excluding National Flood Insurance
  243  Program policy premiums, as annually determined by the board and
  244  verified by the office. The office shall verify the arithmetic
  245  calculations involved in the board’s determination within 30
  246  days after receipt of the information on which the determination
  247  was based. The office shall notify assessable insurers and the
  248  Florida Surplus Lines Service Office of the date on which
  249  assessable insurers shall begin to collect and assessable
  250  insureds shall begin to pay such assessment. The date must be at
  251  least 90 days after the date the corporation levies emergency
  252  assessments pursuant to this sub-subparagraph. Notwithstanding
  253  any other provision of law, the corporation and each assessable
  254  insurer that writes subject lines of business shall collect
  255  emergency assessments from its policyholders without such
  256  obligation being affected by any credit, limitation, exemption,
  257  or deferment. Emergency assessments levied by the corporation on
  258  assessable insureds shall be collected by the surplus lines
  259  agent at the time the surplus lines agent collects the surplus
  260  lines tax required by s. 626.932 and paid to the Florida Surplus
  261  Lines Service Office at the time the surplus lines agent pays
  262  the surplus lines tax to that office. The emergency assessments
  263  collected shall be transferred directly to the corporation on a
  264  periodic basis as determined by the corporation and held by the
  265  corporation solely in the applicable account. The aggregate
  266  amount of emergency assessments levied for an account in any
  267  calendar year may be less than but may not exceed the greater of
  268  10 percent of the amount needed to cover the deficit, plus
  269  interest, fees, commissions, required reserves, and other costs
  270  associated with financing the original deficit, or 10 percent of
  271  the aggregate statewide direct written premium for subject lines
  272  of business and all accounts of the corporation for the prior
  273  year, plus interest, fees, commissions, required reserves, and
  274  other costs associated with financing the deficit.
  275         e. The corporation may pledge the proceeds of assessments,
  276  projected recoveries from the Florida Hurricane Catastrophe
  277  Fund, other insurance and reinsurance recoverables, policyholder
  278  surcharges and other surcharges, and other funds available to
  279  the corporation as the source of revenue for and to secure bonds
  280  issued under paragraph (q), bonds or other indebtedness issued
  281  under subparagraph (c)3., or lines of credit or other financing
  282  mechanisms issued or created under this subsection, or to retire
  283  any other debt incurred as a result of deficits or events giving
  284  rise to deficits, or in any other way that the board determines
  285  will efficiently recover such deficits. The purpose of the lines
  286  of credit or other financing mechanisms is to provide additional
  287  resources to assist the corporation in covering claims and
  288  expenses attributable to a catastrophe. As used in this
  289  subsection, the term “assessments” includes regular assessments
  290  under sub-subparagraph a. or subparagraph (q)1. and emergency
  291  assessments under sub-subparagraph d. Emergency assessments
  292  collected under sub-subparagraph d. are not part of an insurer’s
  293  rates, are not premium, and are not subject to premium tax,
  294  fees, or commissions; however, failure to pay the emergency
  295  assessment shall be treated as failure to pay premium. The
  296  emergency assessments shall continue as long as any bonds issued
  297  or other indebtedness incurred with respect to a deficit for
  298  which the assessment was imposed remain outstanding, unless
  299  adequate provision has been made for the payment of such bonds
  300  or other indebtedness pursuant to the documents governing such
  301  bonds or indebtedness.
  302         f. As used in this subsection for purposes of any deficit
  303  incurred on or after January 25, 2007, the term “subject lines
  304  of business” means insurance written by assessable insurers or
  305  procured by assessable insureds for all property and casualty
  306  lines of business in this state, but not including workers’
  307  compensation or medical malpractice. As used in this sub
  308  subparagraph, the term “property and casualty lines of business”
  309  includes all lines of business identified on Form 2, Exhibit of
  310  Premiums and Losses, in the annual statement required of
  311  authorized insurers under s. 624.424 and any rule adopted under
  312  this section, except for those lines identified as accident and
  313  health insurance and except for policies written under the
  314  National Flood Insurance Program or the Federal Crop Insurance
  315  Program. For purposes of this sub-subparagraph, the term
  316  “workers’ compensation” includes both workers’ compensation
  317  insurance and excess workers’ compensation insurance.
  318         g. The Florida Surplus Lines Service Office shall determine
  319  annually the aggregate statewide written premium in subject
  320  lines of business procured by assessable insureds and report
  321  that information to the corporation in a form and at a time the
  322  corporation specifies to ensure that the corporation can meet
  323  the requirements of this subsection and the corporation’s
  324  financing obligations.
  325         h. The Florida Surplus Lines Service Office shall verify
  326  the proper application by surplus lines agents of assessment
  327  percentages for regular assessments and emergency assessments
  328  levied under this subparagraph on assessable insureds and assist
  329  the corporation in ensuring the accurate, timely collection and
  330  payment of assessments by surplus lines agents as required by
  331  the corporation.
  332         i. Upon determination by the board of governors that an
  333  account has a projected deficit, the board shall levy a Citizens
  334  policyholder surcharge against all policyholders of the
  335  corporation.
  336         (I) The surcharge shall be levied as a uniform percentage
  337  of the premium for the policy of up to 15 percent of such
  338  premium, which funds shall be used to offset the deficit, as
  339  follows:
  340         (A)If the total number of policyholders of the corporation
  341  is less than 1 million, a surcharge of 15 percent of the premium
  342  shall be levied.
  343         (B)If the total number of policyholders of the corporation
  344  is at least 1 million but less than 1.5 million policyholders, a
  345  surcharge of 20 percent of the premium shall be levied.
  346         (C)If the total number of policyholders of the corporation
  347  is at least 1.5 million, a surcharge of 25 percent of the
  348  premium shall be levied.
  349         (II) The surcharge is payable upon cancellation or
  350  termination of the policy, upon renewal of the policy, or upon
  351  issuance of a new policy by the corporation within the first 12
  352  months after the date of the levy or the period of time
  353  necessary to fully collect the surcharge amount.
  354         (III) The corporation may not levy any regular assessments
  355  under paragraph (q) pursuant to sub-subparagraph a. or sub
  356  subparagraph b. with respect to a particular year’s deficit
  357  until the corporation has first levied the full amount of the
  358  surcharge authorized by this sub-subparagraph.
  359         (IV) The surcharge is not considered premium and is not
  360  subject to commissions, fees, or premium taxes. However, failure
  361  to pay the surcharge shall be treated as failure to pay premium.
  362         j. If the amount of any assessments or surcharges collected
  363  from corporation policyholders, assessable insurers or their
  364  policyholders, or assessable insureds exceeds the amount of the
  365  deficits, such excess amounts shall be remitted to and retained
  366  by the corporation in a reserve to be used by the corporation,
  367  as determined by the board of governors and approved by the
  368  office, to pay claims or reduce any past, present, or future
  369  plan-year deficits or to reduce outstanding debt.
  370         4.After accounting for the rate limitations specified in
  371  subparagraph (n)6., any remaining deficit in legal expenses must
  372  be recovered through an annual Citizens policyholder legal
  373  expenses surcharge against all policyholders of the corporation.
  374  The surcharge must be levied as a uniform percentage of the
  375  premium for the policy. The surcharge is payable upon issuance
  376  of a new policy by the corporation and upon each subsequent
  377  renewal of the policy. The surcharge is not considered premium
  378  and is not subject to commissions, fees, or premium taxes.
  379  However, failure to pay the surcharge must be treated as failure
  380  to pay premium.
  381         (c) The corporation’s plan of operation:
  382         1. Must provide for adoption of residential property and
  383  casualty insurance policy forms and commercial residential and
  384  nonresidential property insurance forms, which must be approved
  385  by the office before use. The corporation shall adopt the
  386  following policy forms:
  387         a. Standard personal lines policy forms that are
  388  comprehensive multiperil policies providing full coverage of a
  389  residential property equivalent to the coverage provided in the
  390  private insurance market under an HO-3, HO-4, or HO-6 policy.
  391         b. Basic personal lines policy forms that are policies
  392  similar to an HO-8 policy or a dwelling fire policy that provide
  393  coverage meeting the requirements of the secondary mortgage
  394  market, but which is more limited than the coverage under a
  395  standard policy.
  396         c. Commercial lines residential and nonresidential policy
  397  forms that are generally similar to the basic perils of full
  398  coverage obtainable for commercial residential structures and
  399  commercial nonresidential structures in the admitted voluntary
  400  market.
  401         d. Personal lines and commercial lines residential property
  402  insurance forms that cover the peril of wind only. The forms are
  403  applicable only to residential properties located in areas
  404  eligible for coverage under the coastal account referred to in
  405  sub-subparagraph (b)2.a.
  406         e. Commercial lines nonresidential property insurance forms
  407  that cover the peril of wind only. The forms are applicable only
  408  to nonresidential properties located in areas eligible for
  409  coverage under the coastal account referred to in sub
  410  subparagraph (b)2.a.
  411         f. The corporation may adopt variations of the policy forms
  412  listed in sub-subparagraphs a.-e. which contain more restrictive
  413  coverage.
  414         g. Effective January 1, 2013, the corporation shall offer a
  415  basic personal lines policy similar to an HO-8 policy with
  416  dwelling repair based on common construction materials and
  417  methods.
  418         2. Must provide that the corporation adopt a program in
  419  which the corporation and authorized insurers enter into quota
  420  share primary insurance agreements for hurricane coverage, as
  421  defined in s. 627.4025(2)(a), for eligible risks, and adopt
  422  property insurance forms for eligible risks which cover the
  423  peril of wind only.
  424         a. As used in this subsection, the term:
  425         (I) “Quota share primary insurance” means an arrangement in
  426  which the primary hurricane coverage of an eligible risk is
  427  provided in specified percentages by the corporation and an
  428  authorized insurer. The corporation and authorized insurer are
  429  each solely responsible for a specified percentage of hurricane
  430  coverage of an eligible risk as set forth in a quota share
  431  primary insurance agreement between the corporation and an
  432  authorized insurer and the insurance contract. The
  433  responsibility of the corporation or authorized insurer to pay
  434  its specified percentage of hurricane losses of an eligible
  435  risk, as set forth in the agreement, may not be altered by the
  436  inability of the other party to pay its specified percentage of
  437  losses. Eligible risks that are provided hurricane coverage
  438  through a quota share primary insurance arrangement must be
  439  provided policy forms that set forth the obligations of the
  440  corporation and authorized insurer under the arrangement,
  441  clearly specify the percentages of quota share primary insurance
  442  provided by the corporation and authorized insurer, and
  443  conspicuously and clearly state that the authorized insurer and
  444  the corporation may not be held responsible beyond their
  445  specified percentage of coverage of hurricane losses.
  446         (II) “Eligible risks” means personal lines residential and
  447  commercial lines residential risks that meet the underwriting
  448  criteria of the corporation and are located in areas that were
  449  eligible for coverage by the Florida Windstorm Underwriting
  450  Association on January 1, 2002.
  451         b. The corporation may enter into quota share primary
  452  insurance agreements with authorized insurers at corporation
  453  coverage levels of 90 percent and 50 percent.
  454         c. If the corporation determines that additional coverage
  455  levels are necessary to maximize participation in quota share
  456  primary insurance agreements by authorized insurers, the
  457  corporation may establish additional coverage levels. However,
  458  the corporation’s quota share primary insurance coverage level
  459  may not exceed 90 percent.
  460         d. Any quota share primary insurance agreement entered into
  461  between an authorized insurer and the corporation must provide
  462  for a uniform specified percentage of coverage of hurricane
  463  losses, by county or territory as set forth by the corporation
  464  board, for all eligible risks of the authorized insurer covered
  465  under the agreement.
  466         e. Any quota share primary insurance agreement entered into
  467  between an authorized insurer and the corporation is subject to
  468  review and approval by the office. However, such agreement shall
  469  be authorized only as to insurance contracts entered into
  470  between an authorized insurer and an insured who is already
  471  insured by the corporation for wind coverage.
  472         f. For all eligible risks covered under quota share primary
  473  insurance agreements, the exposure and coverage levels for both
  474  the corporation and authorized insurers shall be reported by the
  475  corporation to the Florida Hurricane Catastrophe Fund. For all
  476  policies of eligible risks covered under such agreements, the
  477  corporation and the authorized insurer must maintain complete
  478  and accurate records for the purpose of exposure and loss
  479  reimbursement audits as required by fund rules. The corporation
  480  and the authorized insurer shall each maintain duplicate copies
  481  of policy declaration pages and supporting claims documents.
  482         g. The corporation board shall establish in its plan of
  483  operation standards for quota share agreements which ensure that
  484  there is no discriminatory application among insurers as to the
  485  terms of the agreements, pricing of the agreements, incentive
  486  provisions if any, and consideration paid for servicing policies
  487  or adjusting claims.
  488         h. The quota share primary insurance agreement between the
  489  corporation and an authorized insurer must set forth the
  490  specific terms under which coverage is provided, including, but
  491  not limited to, the sale and servicing of policies issued under
  492  the agreement by the insurance agent of the authorized insurer
  493  producing the business, the reporting of information concerning
  494  eligible risks, the payment of premium to the corporation, and
  495  arrangements for the adjustment and payment of hurricane claims
  496  incurred on eligible risks by the claims adjuster and personnel
  497  of the authorized insurer. Entering into a quota sharing
  498  insurance agreement between the corporation and an authorized
  499  insurer is voluntary and at the discretion of the authorized
  500  insurer.
  501         3. May provide that the corporation may employ or otherwise
  502  contract with individuals or other entities to provide
  503  administrative or professional services that may be appropriate
  504  to effectuate the plan. The corporation may borrow funds by
  505  issuing bonds or by incurring other indebtedness, and shall have
  506  other powers reasonably necessary to effectuate the requirements
  507  of this subsection, including, without limitation, the power to
  508  issue bonds and incur other indebtedness in order to refinance
  509  outstanding bonds or other indebtedness. The corporation may
  510  seek judicial validation of its bonds or other indebtedness
  511  under chapter 75. The corporation may issue bonds or incur other
  512  indebtedness, or have bonds issued on its behalf by a unit of
  513  local government pursuant to subparagraph (q)2. in the absence
  514  of a hurricane or other weather-related event, upon a
  515  determination by the corporation, subject to approval by the
  516  office, that such action would enable it to efficiently meet the
  517  financial obligations of the corporation and that such
  518  financings are reasonably necessary to effectuate the
  519  requirements of this subsection. The corporation may take all
  520  actions needed to facilitate tax-free status for such bonds or
  521  indebtedness, including formation of trusts or other affiliated
  522  entities. The corporation may pledge assessments, projected
  523  recoveries from the Florida Hurricane Catastrophe Fund, other
  524  reinsurance recoverables, policyholder surcharges and other
  525  surcharges, and other funds available to the corporation as
  526  security for bonds or other indebtedness. In recognition of s.
  527  10, Art. I of the State Constitution, prohibiting the impairment
  528  of obligations of contracts, it is the intent of the Legislature
  529  that no action be taken whose purpose is to impair any bond
  530  indenture or financing agreement or any revenue source committed
  531  by contract to such bond or other indebtedness.
  532         4. Must require that the corporation operate subject to the
  533  supervision and approval of a board of governors consisting of
  534  nine individuals who are residents of this state and who are
  535  from different geographical areas of this the state, one of whom
  536  is appointed by the Governor and serves solely to advocate on
  537  behalf of the consumer. The appointment of a consumer
  538  representative by the Governor is deemed to be within the scope
  539  of the exemption provided in s. 112.313(7)(b) and is in addition
  540  to the appointments authorized under sub-subparagraph a.
  541         a. The Governor, the Chief Financial Officer, the President
  542  of the Senate, and the Speaker of the House of Representatives
  543  shall each appoint two members of the board. At least one of the
  544  two members appointed by each appointing officer must have
  545  demonstrated expertise in insurance and be deemed to be within
  546  the scope of the exemption provided in s. 112.313(7)(b). The
  547  Chief Financial Officer shall designate one of the appointees as
  548  chair. All board members serve at the pleasure of the appointing
  549  officer. All members of the board are subject to removal at will
  550  by the officers who appointed them. All board members, including
  551  the chair, must be appointed to serve for 3-year terms beginning
  552  annually on a date designated by the plan. However, for the
  553  first term beginning on or after July 1, 2009, each appointing
  554  officer shall appoint one member of the board for a 2-year term
  555  and one member for a 3-year term. A board vacancy shall be
  556  filled for the unexpired term by the appointing officer. The
  557  Chief Financial Officer shall appoint a technical advisory group
  558  to provide information and advice to the board in connection
  559  with the board’s duties under this subsection. The executive
  560  director and senior managers of the corporation shall be engaged
  561  by the board and serve at the pleasure of the board. Any
  562  executive director appointed on or after July 1, 2006, is
  563  subject to confirmation by the Senate. The executive director is
  564  responsible for employing other staff as the corporation may
  565  require, subject to review and concurrence by the board.
  566         b. The board shall create a Market Accountability Advisory
  567  Committee to assist the corporation in developing awareness of
  568  its rates and its customer and agent service levels in
  569  relationship to the voluntary market insurers writing similar
  570  coverage.
  571         (I) The members of the advisory committee consist of the
  572  following 11 persons, one of whom must be elected chair by the
  573  members of the committee: four representatives, one appointed by
  574  the Florida Association of Insurance Agents, one by the Florida
  575  Association of Insurance and Financial Advisors, one by the
  576  Professional Insurance Agents of Florida, and one by the Latin
  577  American Association of Insurance Agencies; three
  578  representatives appointed by the insurers with the three highest
  579  voluntary market share of residential property insurance
  580  business in this the state; one representative from the Office
  581  of Insurance Regulation; one consumer appointed by the board who
  582  is insured by the corporation at the time of appointment to the
  583  committee; one representative appointed by the Florida
  584  Association of Realtors; and one representative appointed by the
  585  Florida Bankers Association. All members shall be appointed to
  586  3-year terms and may serve for consecutive terms.
  587         (II) The committee shall report to the corporation at each
  588  board meeting on insurance market issues that which may include
  589  rates and rate competition with the voluntary market; service,
  590  including policy issuance, claims processing, and general
  591  responsiveness to policyholders, applicants, and agents; and
  592  matters relating to depopulation.
  593         5. Must provide a procedure for determining the eligibility
  594  of a risk for coverage, as follows:
  595         a. Subject to s. 627.3517, with respect to personal lines
  596  residential risks, if the risk is offered coverage from an
  597  authorized insurer at the insurer’s approved rate under a
  598  standard policy including wind coverage or, if consistent with
  599  the insurer’s underwriting rules as filed with the office, a
  600  basic policy including wind coverage, for a new application to
  601  the corporation for coverage, the risk is not eligible for any
  602  policy issued by the corporation unless the premium for coverage
  603  from the authorized insurer is more than 15 percent greater than
  604  the premium for comparable coverage from the corporation.
  605  Whenever an offer of coverage for a personal lines residential
  606  risk is received for a policyholder of the corporation at
  607  renewal from an authorized insurer, if the offer is equal to or
  608  less than the corporation’s renewal premium for comparable
  609  coverage, the risk is not eligible for coverage with the
  610  corporation unless the premium for comparable coverage from the
  611  authorized insurer is more than 15 percent greater than the
  612  premium under subparagraph (n)1. for personal residential
  613  properties that are not owner-occupied. If the risk is not able
  614  to obtain such offer, the risk is eligible for a standard policy
  615  including wind coverage or a basic policy including wind
  616  coverage issued by the corporation; however, if the risk could
  617  not be insured under a standard policy including wind coverage
  618  regardless of market conditions, the risk is eligible for a
  619  basic policy including wind coverage unless rejected under
  620  subparagraph 8. However, a policyholder removed from the
  621  corporation through an assumption agreement remains eligible for
  622  coverage from the corporation until the end of the assumption
  623  period. The corporation shall determine the type of policy to be
  624  provided on the basis of objective standards specified in the
  625  underwriting manual and based on generally accepted underwriting
  626  practices.
  627         (I) If the risk accepts an offer of coverage through the
  628  market assistance plan or through a mechanism established by the
  629  corporation other than a plan established by s. 627.3518, before
  630  a policy is issued to the risk by the corporation or during the
  631  first 30 days of coverage by the corporation, and the producing
  632  agent who submitted the application to the plan or to the
  633  corporation is not currently appointed by the insurer, the
  634  insurer shall:
  635         (A) Pay to the producing agent of record of the policy for
  636  the first year, an amount that is the greater of the insurer’s
  637  usual and customary commission for the type of policy written or
  638  a fee equal to the usual and customary commission of the
  639  corporation; or
  640         (B) Offer to allow the producing agent of record of the
  641  policy to continue servicing the policy for at least 1 year and
  642  offer to pay the agent the greater of the insurer’s or the
  643  corporation’s usual and customary commission for the type of
  644  policy written.
  645  
  646  If the producing agent is unwilling or unable to accept
  647  appointment, the new insurer shall pay the agent in accordance
  648  with sub-sub-sub-subparagraph (A).
  649         (II) If the corporation enters into a contractual agreement
  650  for a take-out plan, the producing agent of record of the
  651  corporation policy is entitled to retain any unearned commission
  652  on the policy, and the insurer shall:
  653         (A) Pay to the producing agent of record, for the first
  654  year, an amount that is the greater of the insurer’s usual and
  655  customary commission for the type of policy written or a fee
  656  equal to the usual and customary commission of the corporation;
  657  or
  658         (B) Offer to allow the producing agent of record to
  659  continue servicing the policy for at least 1 year and offer to
  660  pay the agent the greater of the insurer’s or the corporation’s
  661  usual and customary commission for the type of policy written.
  662  
  663  If the producing agent is unwilling or unable to accept
  664  appointment, the new insurer shall pay the agent in accordance
  665  with sub-sub-sub-subparagraph (A).
  666         b. With respect to commercial lines residential risks, for
  667  a new application to the corporation for coverage, if the risk
  668  is offered coverage under a policy including wind coverage from
  669  an authorized insurer at its approved rate, the risk is not
  670  eligible for a policy issued by the corporation unless the
  671  premium for coverage from the authorized insurer is more than 15
  672  percent greater than the premium for comparable coverage from
  673  the corporation. Whenever an offer of coverage for a commercial
  674  lines residential risk is received for a policyholder of the
  675  corporation at renewal from an authorized insurer, if the offer
  676  is equal to or less than the corporation’s renewal premium for
  677  comparable coverage, the risk is not eligible for coverage with
  678  the corporation. If the risk is not able to obtain any such
  679  offer, the risk is eligible for a policy including wind coverage
  680  issued by the corporation. However, a policyholder removed from
  681  the corporation through an assumption agreement remains eligible
  682  for coverage from the corporation until the end of the
  683  assumption period.
  684         (I) If the risk accepts an offer of coverage through the
  685  market assistance plan or through a mechanism established by the
  686  corporation other than a plan established by s. 627.3518, before
  687  a policy is issued to the risk by the corporation or during the
  688  first 30 days of coverage by the corporation, and the producing
  689  agent who submitted the application to the plan or the
  690  corporation is not currently appointed by the insurer, the
  691  insurer shall:
  692         (A) Pay to the producing agent of record of the policy, for
  693  the first year, an amount that is the greater of the insurer’s
  694  usual and customary commission for the type of policy written or
  695  a fee equal to the usual and customary commission of the
  696  corporation; or
  697         (B) Offer to allow the producing agent of record of the
  698  policy to continue servicing the policy for at least 1 year and
  699  offer to pay the agent the greater of the insurer’s or the
  700  corporation’s usual and customary commission for the type of
  701  policy written.
  702  
  703  If the producing agent is unwilling or unable to accept
  704  appointment, the new insurer shall pay the agent in accordance
  705  with sub-sub-sub-subparagraph (A).
  706         (II) If the corporation enters into a contractual agreement
  707  for a take-out plan, the producing agent of record of the
  708  corporation policy is entitled to retain any unearned commission
  709  on the policy, and the insurer shall:
  710         (A) Pay to the producing agent of record, for the first
  711  year, an amount that is the greater of the insurer’s usual and
  712  customary commission for the type of policy written or a fee
  713  equal to the usual and customary commission of the corporation;
  714  or
  715         (B) Offer to allow the producing agent of record to
  716  continue servicing the policy for at least 1 year and offer to
  717  pay the agent the greater of the insurer’s or the corporation’s
  718  usual and customary commission for the type of policy written.
  719  
  720  If the producing agent is unwilling or unable to accept
  721  appointment, the new insurer shall pay the agent in accordance
  722  with sub-sub-sub-subparagraph (A).
  723         c. For purposes of determining comparable coverage under
  724  sub-subparagraphs a. and b., the comparison must be based on
  725  those forms and coverages that are reasonably comparable. The
  726  corporation may rely on a determination of comparable coverage
  727  and premium made by the producing agent who submits the
  728  application to the corporation, made in the agent’s capacity as
  729  the corporation’s agent. A comparison may be made solely of the
  730  premium with respect to the main building or structure only on
  731  the following basis: the same coverage A or other building
  732  limits; the same percentage hurricane deductible that applies on
  733  an annual basis or that applies to each hurricane for commercial
  734  residential property; the same percentage of ordinance and law
  735  coverage, if the same limit is offered by both the corporation
  736  and the authorized insurer; the same mitigation credits, to the
  737  extent the same types of credits are offered both by the
  738  corporation and the authorized insurer; the same method for loss
  739  payment, such as replacement cost or actual cash value, if the
  740  same method is offered both by the corporation and the
  741  authorized insurer in accordance with underwriting rules; and
  742  any other form or coverage that is reasonably comparable as
  743  determined by the board. If an application is submitted to the
  744  corporation for wind-only coverage in the coastal account, the
  745  premium for the corporation’s wind-only policy plus the premium
  746  for the ex-wind policy that is offered by an authorized insurer
  747  to the applicant must be compared to the premium for multiperil
  748  coverage offered by an authorized insurer, subject to the
  749  standards for comparison specified in this subparagraph. If the
  750  corporation or the applicant requests from the authorized
  751  insurer a breakdown of the premium of the offer by types of
  752  coverage so that a comparison may be made by the corporation or
  753  its agent and the authorized insurer refuses or is unable to
  754  provide such information, the corporation may treat the offer as
  755  not being an offer of coverage from an authorized insurer at the
  756  insurer’s approved rate.
  757         6. Must include rules for classifications of risks and
  758  rates.
  759         7. Must provide that if premium and investment income for
  760  an account attributable to a particular calendar year are in
  761  excess of projected losses and expenses for the account
  762  attributable to that year, such excess shall be held in surplus
  763  in the account. Such surplus must be available to defray
  764  deficits in that account as to future years and used for that
  765  purpose before assessing assessable insurers and assessable
  766  insureds as to any calendar year.
  767         8. Must provide objective criteria and procedures to be
  768  uniformly applied to all applicants in determining whether an
  769  individual risk is so hazardous as to be uninsurable. In making
  770  this determination and in establishing the criteria and
  771  procedures, the following must be considered:
  772         a. Whether the likelihood of a loss for the individual risk
  773  is substantially higher than for other risks of the same class;
  774  and
  775         b. Whether the uncertainty associated with the individual
  776  risk is such that an appropriate premium cannot be determined.
  777  
  778  The acceptance or rejection of a risk by the corporation shall
  779  be construed as the private placement of insurance, and the
  780  provisions of chapter 120 does do not apply.
  781         9. Must provide that the corporation make its best efforts
  782  to procure catastrophe reinsurance at reasonable rates, to cover
  783  its projected 100-year probable maximum loss as determined by
  784  the board of governors.
  785         10. The policies issued by the corporation must provide
  786  that if the corporation or the market assistance plan obtains an
  787  offer from an authorized insurer to cover the risk at its
  788  approved rates, the risk is no longer eligible for renewal
  789  through the corporation, except as otherwise provided in this
  790  subsection.
  791         11. Corporation policies and applications must include a
  792  notice that the corporation policy could, under this section, be
  793  replaced with a policy issued by an authorized insurer which
  794  does not provide coverage identical to the coverage provided by
  795  the corporation. The notice must also specify that acceptance of
  796  corporation coverage creates a conclusive presumption that the
  797  applicant or policyholder is aware of this potential.
  798         12. May establish, subject to approval by the office,
  799  different eligibility requirements and operational procedures
  800  for any line or type of coverage for any specified county or
  801  area if the board determines that such changes are justified due
  802  to the voluntary market being sufficiently stable and
  803  competitive in such area or for such line or type of coverage
  804  and that consumers who, in good faith, are unable to obtain
  805  insurance through the voluntary market through ordinary methods
  806  continue to have access to coverage from the corporation. If
  807  coverage is sought in connection with a real property transfer,
  808  the requirements and procedures may not provide an effective
  809  date of coverage later than the date of the closing of the
  810  transfer as established by the transferor, the transferee, and,
  811  if applicable, the lender.
  812         13. Must provide that, with respect to the coastal account,
  813  any assessable insurer with a surplus as to policyholders of $25
  814  million or less writing 25 percent or more of its total
  815  countrywide property insurance premiums in this state may
  816  petition the office, within the first 90 days of each calendar
  817  year, to qualify as a limited apportionment company. A regular
  818  assessment levied by the corporation on a limited apportionment
  819  company for a deficit incurred by the corporation for the
  820  coastal account may be paid to the corporation on a monthly
  821  basis as the assessments are collected by the limited
  822  apportionment company from its insureds, but a limited
  823  apportionment company must begin collecting the regular
  824  assessments not later than 90 days after the regular assessments
  825  are levied by the corporation, and the regular assessments must
  826  be paid in full within 15 months after being levied by the
  827  corporation. A limited apportionment company shall collect from
  828  its policyholders any emergency assessment imposed under sub
  829  subparagraph (b)3.d. The plan must provide that, if the office
  830  determines that any regular assessment will result in an
  831  impairment of the surplus of a limited apportionment company,
  832  the office may direct that all or part of such assessment be
  833  deferred as provided in subparagraph (q)4. However, an emergency
  834  assessment to be collected from policyholders under sub
  835  subparagraph (b)3.d. may not be limited or deferred.
  836         14. Must provide that the corporation appoint as its
  837  licensed agents only those agents who throughout such
  838  appointments also hold an appointment as defined in s. 626.015
  839  by an insurer who is authorized to write and is actually writing
  840  or renewing personal lines residential property coverage,
  841  commercial residential property coverage, or commercial
  842  nonresidential property coverage within this the state.
  843         15. Must provide a premium payment plan option to its
  844  policyholders which, at a minimum, allows for quarterly and
  845  semiannual payment of premiums. A monthly payment plan may, but
  846  is not required to, be offered.
  847         16. Must limit coverage on mobile homes or manufactured
  848  homes built before 1994 to actual cash value of the dwelling
  849  rather than replacement costs of the dwelling.
  850         17. Must provide coverage for manufactured or mobile home
  851  dwellings. Such coverage must also include the following
  852  attached structures:
  853         a. Screened enclosures that are aluminum framed or screened
  854  enclosures that are not covered by the same or substantially the
  855  same materials as those of the primary dwelling;
  856         b. Carports that are aluminum or carports that are not
  857  covered by the same or substantially the same materials as those
  858  of the primary dwelling; and
  859         c. Patios that have a roof covering that is constructed of
  860  materials that are not the same or substantially the same
  861  materials as those of the primary dwelling.
  862  
  863  The corporation shall make available a policy for mobile homes
  864  or manufactured homes for a minimum insured value of at least
  865  $3,000.
  866         18. May provide such limits of coverage as the board
  867  determines, consistent with the requirements of this subsection.
  868         19. May require commercial property to meet specified
  869  hurricane mitigation construction features as a condition of
  870  eligibility for coverage.
  871         20. Must provide that new or renewal policies issued by the
  872  corporation on or after January 1, 2012, which cover sinkhole
  873  loss do not include coverage for any loss to appurtenant
  874  structures, driveways, sidewalks, decks, or patios that are
  875  directly or indirectly caused by sinkhole activity. The
  876  corporation shall exclude such coverage using a notice of
  877  coverage change, which may be included with the policy renewal,
  878  and not by issuance of a notice of nonrenewal of the excluded
  879  coverage upon renewal of the current policy.
  880         21. As of January 1, 2012, must require that the agent
  881  obtain from an applicant for coverage from the corporation an
  882  acknowledgment signed by the applicant, which includes, at a
  883  minimum, the following statement:
  884  
  885                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  886                      AND ASSESSMENT LIABILITY:                    
  887  
  888         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  889  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  890  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  891  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  892  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  893  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  894  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  895  LEGISLATURE.
  896         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
  897  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
  898  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
  899  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
  900  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
  901  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
  902  ARE REGULATED AND APPROVED BY THE STATE.
  903         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  904  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  905  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  906  FLORIDA LEGISLATURE.
  907         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  908  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  909  STATE OF FLORIDA.
  910  
  911         a. The corporation shall maintain, in electronic format or
  912  otherwise, a copy of the applicant’s signed acknowledgment and
  913  provide a copy of the statement to the policyholder as part of
  914  the first renewal after the effective date of this subparagraph.
  915         b. The signed acknowledgment form creates a conclusive
  916  presumption that the policyholder understood and accepted his or
  917  her potential surcharge and assessment liability as a
  918  policyholder of the corporation.
  919         22.The corporation shall pay a producing agent of record a
  920  reasonable commission not to exceed the average of commissions
  921  paid in the preceding year by the 20 admitted insurers writing
  922  the greatest market share of property insurance in this state.
  923         (n)1. Rates for coverage provided by the corporation must
  924  be actuarially sound and subject to s. 627.062, except as
  925  otherwise provided in this paragraph. The corporation shall file
  926  its recommended rates with the office at least annually. The
  927  corporation shall provide any additional information regarding
  928  the rates which the office requires. The office shall consider
  929  the recommendations of the board and issue a final order
  930  establishing the rates for the corporation within 45 days after
  931  the recommended rates are filed. The corporation may not pursue
  932  an administrative challenge or judicial review of the final
  933  order of the office.
  934         2. In addition to the rates otherwise determined pursuant
  935  to this paragraph, the corporation shall impose and collect an
  936  amount equal to the premium tax provided in s. 624.509 to
  937  augment the financial resources of the corporation.
  938         3. After The public hurricane loss-projection model under
  939  s. 627.06281, if has been found to be accurate and reliable by
  940  the Florida Commission on Hurricane Loss Projection Methodology,
  941  the model shall be considered when establishing the windstorm
  942  portion of the corporation’s rates. The corporation may use the
  943  public model results in combination with the results of private
  944  models to calculate rates for the windstorm portion of the
  945  corporation’s rates. This subparagraph does not require or allow
  946  the corporation to adopt rates lower than the rates otherwise
  947  required or allowed by this paragraph.
  948         4. The rate filings for the corporation which were approved
  949  by the office and took effect January 1, 2007, are rescinded,
  950  except for those rates that were lowered. As soon as possible,
  951  the corporation shall begin using the lower rates that were in
  952  effect on December 31, 2006, and provide refunds to
  953  policyholders who paid higher rates as a result of that rate
  954  filing. The rates in effect on December 31, 2006, remain in
  955  effect for the 2007 and 2008 calendar years except for any rate
  956  change that results in a lower rate. The next rate change that
  957  may increase rates shall take effect pursuant to a new rate
  958  filing recommended by the corporation and established by the
  959  office, subject to this paragraph.
  960         5. Beginning on July 15, 2009, and annually thereafter, the
  961  corporation must make a recommended actuarially sound rate
  962  filing for each personal and commercial line of business it
  963  writes, to be effective no earlier than January 1, 2010.
  964         6. Beginning on or after January 1, 2022 January 1, 2010,
  965  and notwithstanding the board’s recommended rates and the
  966  office’s final order regarding the corporation’s filed rates
  967  under subparagraph 1., the corporation shall annually implement
  968  a rate increase which, except for sinkhole coverage, does not
  969  exceed 10 percent for any single policy renewed issued by the
  970  corporation covering an owner-occupied personal residential
  971  property that has a dwelling replacement cost less than $700,000
  972  or that is a single condominium unit that has a combined
  973  dwelling and contents replacement cost less than $700,000,
  974  excluding coverage changes and surcharges, if the policy was
  975  initially issued by the corporation and the dwelling was
  976  determined by the corporation to be owner-occupied before July
  977  1, 2021.
  978         7. The corporation may also implement an increase to
  979  reflect the effect on the corporation of the cash buildup factor
  980  pursuant to s. 215.555(5)(b).
  981         8. The corporation’s implementation of rates as prescribed
  982  in subparagraph 6. shall cease for any line of business written
  983  by the corporation upon the corporation’s implementation of
  984  actuarially sound rates. Thereafter, the corporation shall
  985  annually make a recommended actuarially sound rate filing for
  986  each commercial and personal line of business the corporation
  987  writes.
  988         (q)1. The corporation shall certify to the office its needs
  989  for annual assessments as to a particular calendar year, and for
  990  any interim assessments that it deems to be necessary to sustain
  991  operations as to a particular year pending the receipt of annual
  992  assessments. Upon verification, the office shall approve such
  993  certification, and the corporation shall levy such annual or
  994  interim assessments. Such assessments shall be prorated as
  995  provided in paragraph (b). The corporation shall take all
  996  reasonable and prudent steps necessary to collect the amount of
  997  assessments due from each assessable insurer, including, if
  998  prudent, filing suit to collect the assessments, and the office
  999  may provide such assistance to the corporation it deems
 1000  appropriate. If the corporation is unable to collect an
 1001  assessment from any assessable insurer, the uncollected
 1002  assessments shall be levied as an additional assessment against
 1003  the assessable insurers and any assessable insurer required to
 1004  pay an additional assessment as a result of such failure to pay
 1005  shall have a cause of action against such nonpaying assessable
 1006  insurer. Assessments shall be included as an appropriate factor
 1007  in the making of rates. The failure of a surplus lines agent to
 1008  collect and remit any regular or emergency assessment levied by
 1009  the corporation is considered to be a violation of s. 626.936
 1010  and subjects the surplus lines agent to the penalties provided
 1011  in that section.
 1012         2. The governing body of any unit of local government, any
 1013  residents of which are insured by the corporation, may issue
 1014  bonds as defined in s. 125.013 or s. 166.101 from time to time
 1015  to fund an assistance program, in conjunction with the
 1016  corporation, for the purpose of defraying deficits of the
 1017  corporation. In order to avoid needless and indiscriminate
 1018  proliferation, duplication, and fragmentation of such assistance
 1019  programs, any unit of local government, any residents of which
 1020  are insured by the corporation, may provide for the payment of
 1021  losses, regardless of whether or not the losses occurred within
 1022  or outside of the territorial jurisdiction of the local
 1023  government. Revenue bonds under this subparagraph may not be
 1024  issued until validated pursuant to chapter 75, unless a state of
 1025  emergency is declared by executive order or proclamation of the
 1026  Governor pursuant to s. 252.36 making such findings as are
 1027  necessary to determine that it is in the best interests of, and
 1028  necessary for, the protection of the public health, safety, and
 1029  general welfare of residents of this state and declaring it an
 1030  essential public purpose to permit certain municipalities or
 1031  counties to issue such bonds as will permit relief to claimants
 1032  and policyholders of the corporation. Any such unit of local
 1033  government may enter into such contracts with the corporation
 1034  and with any other entity created pursuant to this subsection as
 1035  are necessary to carry out this paragraph. Any bonds issued
 1036  under this subparagraph shall be payable from and secured by
 1037  moneys received by the corporation from emergency assessments
 1038  under sub-subparagraph (b)3.d., and assigned and pledged to or
 1039  on behalf of the unit of local government for the benefit of the
 1040  holders of such bonds. The funds, credit, property, and taxing
 1041  power of the state or of the unit of local government may shall
 1042  not be pledged for the payment of such bonds.
 1043         3.a. The corporation shall adopt one or more programs
 1044  subject to approval by the office for the reduction of both new
 1045  and renewal writings in the corporation. Beginning January 1,
 1046  2008, any program the corporation adopts for the payment of
 1047  bonuses to an insurer for each risk the insurer removes from the
 1048  corporation shall comply with s. 627.3511(2) and may not exceed
 1049  the amount referenced in s. 627.3511(2) for each risk removed.
 1050  The corporation may consider any prudent and not unfairly
 1051  discriminatory approach to reducing corporation writings, and
 1052  may adopt a credit against assessment liability or other
 1053  liability that provides an incentive for insurers to take risks
 1054  out of the corporation and to keep risks out of the corporation
 1055  by maintaining or increasing voluntary writings in counties or
 1056  areas in which corporation risks are highly concentrated and a
 1057  program to provide a formula under which an insurer voluntarily
 1058  taking risks out of the corporation by maintaining or increasing
 1059  voluntary writings will be relieved wholly or partially from
 1060  assessments under sub-subparagraph (b)3.a. However, any “take
 1061  out bonus” or payment to an insurer must be conditioned on the
 1062  property being insured for at least 5 years by the insurer,
 1063  unless canceled or nonrenewed by the policyholder. If the policy
 1064  is canceled or nonrenewed by the policyholder before the end of
 1065  the 5-year period, the amount of the take-out bonus must be
 1066  prorated for the time period the policy was insured. When the
 1067  corporation enters into a contractual agreement for a take-out
 1068  plan, the producing agent of record of the corporation policy is
 1069  entitled to retain any unearned commission on such policy, and
 1070  the insurer shall either:
 1071         (I) Pay to the producing agent of record of the policy, for
 1072  the first year, an amount which is the greater of the insurer’s
 1073  usual and customary commission for the type of policy written or
 1074  a policy fee equal to the usual and customary commission of the
 1075  corporation; or
 1076         (II) Offer to allow the producing agent of record of the
 1077  policy to continue servicing the policy for a period of not less
 1078  than 1 year and offer to pay the agent the insurer’s usual and
 1079  customary commission for the type of policy written. If the
 1080  producing agent is unwilling or unable to accept appointment by
 1081  the new insurer, the new insurer shall pay the agent in
 1082  accordance with sub-sub-subparagraph (I).
 1083         b. Any credit or exemption from regular assessments adopted
 1084  under this subparagraph shall last no longer than the 3 years
 1085  following the cancellation or expiration of the policy by the
 1086  corporation. With the approval of the office, the board may
 1087  extend such credits for an additional year if the insurer
 1088  guarantees an additional year of renewability for all policies
 1089  removed from the corporation, or for 2 additional years if the
 1090  insurer guarantees 2 additional years of renewability for all
 1091  policies so removed.
 1092         c. There shall be no credit, limitation, exemption, or
 1093  deferment from emergency assessments to be collected from
 1094  policyholders pursuant to sub-subparagraph (b)3.d.
 1095         d. Notwithstanding any other provision of law, for purposes
 1096  of a depopulation, take-out, or keep-out program adopted by the
 1097  corporation, including an initial or renewal offer of coverage
 1098  made to a policyholder removed from the corporation pursuant to
 1099  such program, an eligible surplus lines insurer may participate
 1100  in the program in the same manner and on the same terms as an
 1101  authorized insurer, except as provided under this sub
 1102  subparagraph.
 1103         (I) To qualify for participation, the surplus lines insurer
 1104  must first obtain approval from the office for its depopulation,
 1105  take-out, or keep-out plan and then comply with all of the
 1106  corporation’s requirements for the plan applicable to admitted
 1107  insurers and with all statutory provisions applicable to the
 1108  removal of policies from the corporation.
 1109         (II) In considering a surplus lines insurer’s request for
 1110  approval for its plan, the office shall determine that the
 1111  surplus lines insurer meets the following requirements:
 1112         (A) Maintains surplus of $50 million on a company or pooled
 1113  basis;
 1114         (B)Has a superior, excellent, exceptional, or equally
 1115  comparable financial strength rating by a rating agency
 1116  acceptable to the office;
 1117         (C) Maintains reserves, surplus, reinsurance, and
 1118  reinsurance equivalents sufficient to cover the insurer’s 100
 1119  year probable maximum hurricane loss at least twice in a single
 1120  hurricane season, and submits such reinsurance to the office to
 1121  review for purposes of the take-out;
 1122         (D) Provides prominent notice to the policyholder before
 1123  the assumption of the policy that surplus lines policies are not
 1124  provided coverage by the Florida Insurance Guaranty Association,
 1125  and an outline of any substantial differences in coverage
 1126  between the existing policy and the policy being offered to the
 1127  insured; and
 1128         (E) Provides policy coverage similar to that provided by
 1129  the corporation.
 1130         (III) To obtain approval for a plan, the surplus lines
 1131  insurer must file the following with the office:
 1132         (A) Information requested by the office to demonstrate
 1133  compliance with s. 624.404(3), including biographical
 1134  affidavits, fingerprints processed pursuant to s. 624.34, and
 1135  the results of criminal history records checks for officers and
 1136  directors of the insurer and its parent or holding company;
 1137         (B) A service-of-process consent and agreement form
 1138  executed by the insurer;
 1139         (C) Proof that the insurer has been an eligible or
 1140  authorized insurer for at least 3 years;
 1141         (D) A duly authenticated copy of the insurer’s current
 1142  audited financial statement, in English, expressing all monetary
 1143  values in United States dollars, at an exchange rate then
 1144  current and shown in the statement, in the case of statements
 1145  originally made in the currencies of other countries, and
 1146  including any additional information relative to the insurer as
 1147  the office may request;
 1148         (E) A complete certified copy of the latest official
 1149  financial statement required by the insurer’s domiciliary state,
 1150  if different from sub-sub-sub-subparagraph (D); and
 1151         (F) A copy of the United States trust account agreement, if
 1152  applicable.
 1153  
 1154  This sub-subparagraph does not subject any surplus lines insurer
 1155  to requirements in addition to part VIII of chapter 626. Surplus
 1156  lines brokers making an offer of coverage under this sub
 1157  subparagraph are not required to comply with s. 626.916(1)(a),
 1158  (b), (c), and (e).
 1159         (IV) Within 10 days after the date of assumption, the
 1160  surplus lines insurer assuming policies from the corporation
 1161  shall remit a special deposit equal to the unearned premium net
 1162  of unearned commissions on the assumed block of business to the
 1163  Bureau of Collateral Management within the Department of
 1164  Financial Services. The surplus lines insurer shall submit to
 1165  the office, along with the initial deposit, an accounting of the
 1166  policies assumed and the amount of unearned premium for such
 1167  policies and a sworn affidavit attesting to its accuracy by an
 1168  officer of the surplus lines insurer. Thereafter, the surplus
 1169  lines insurer shall make a filing within 10 days after each
 1170  calendar quarter attesting to the unearned premium in force for
 1171  the previous quarter on policies assumed from the corporation,
 1172  and shall submit additional funds with that filing if the
 1173  special deposit is insufficient to cover the unearned premium on
 1174  assumed policies, or shall receive a return of funds within 60
 1175  days if the special deposit exceeds the amount of unearned
 1176  premium required for assumed policies. The special deposit is an
 1177  asset of the surplus lines insurer which is held by the
 1178  department for the benefit of state policyholders of the surplus
 1179  lines insurer in the event of the insolvency of the surplus
 1180  lines insurer. If an order of liquidation is entered in any
 1181  state against the surplus lines insurer, the department may use
 1182  the special deposit for payment of unearned premium or policy
 1183  claims, return all or part of the deposit to the domiciliary
 1184  receiver, or use the funds in accordance with any action
 1185  authorized under part I of chapter 631 or in compliance with any
 1186  order of a court having jurisdiction over the insolvency.
 1187         (V) Surplus lines brokers representing a surplus lines
 1188  insurer on a take-out program shall obtain confirmation, in
 1189  written or e-mail form, from each producing agent in advance
 1190  stating that the agent is willing to participate in the take-out
 1191  program with the surplus lines insurer engaging in the take-out
 1192  program. The take-out program is also subject to s. 627.3517. If
 1193  a policyholder is selected for removal from the corporation by a
 1194  surplus lines insurer and an authorized insurer, the corporation
 1195  shall give the offer of coverage from the authorized insurer
 1196  priority.
 1197         (VI)(A)When offered comparable coverage from a qualified
 1198  surplus lines insurer no greater than 15 percent higher than the
 1199  premium charged by the corporation, a risk that has a dwelling
 1200  replacement cost of $700,000 or more or a single condominium
 1201  unit that has a combined dwelling and contents replacement cost
 1202  of $700,000 or more is not eligible for coverage by the
 1203  corporation.
 1204         (B)When offered coverage from a qualified surplus lines
 1205  insurer, a risk that has a dwelling replacement cost below
 1206  $700,000 or a single condominium unit that has a combined
 1207  dwelling and contents replacement cost below $700,000 remains
 1208  eligible for coverage by the corporation.
 1209         4. The plan shall provide for the deferment, in whole or in
 1210  part, of the assessment of an assessable insurer, other than an
 1211  emergency assessment collected from policyholders pursuant to
 1212  sub-subparagraph (b)3.d., if the office finds that payment of
 1213  the assessment would endanger or impair the solvency of the
 1214  insurer. In the event an assessment against an assessable
 1215  insurer is deferred in whole or in part, the amount by which
 1216  such assessment is deferred may be assessed against the other
 1217  assessable insurers in a manner consistent with the basis for
 1218  assessments set forth in paragraph (b).
 1219         5. Effective July 1, 2007, in order to evaluate the costs
 1220  and benefits of approved take-out plans, if the corporation pays
 1221  a bonus or other payment to an insurer for an approved take-out
 1222  plan, it shall maintain a record of the address or such other
 1223  identifying information on the property or risk removed in order
 1224  to track if and when the property or risk is later insured by
 1225  the corporation.
 1226         6. Any policy taken out, assumed, or removed from the
 1227  corporation is, as of the effective date of the take-out,
 1228  assumption, or removal, direct insurance issued by the insurer
 1229  and not by the corporation, even if the corporation continues to
 1230  service the policies. This subparagraph applies to policies of
 1231  the corporation and not policies taken out, assumed, or removed
 1232  from any other entity.
 1233         7. For a policy taken out, assumed, or removed from the
 1234  corporation, the insurer may, for a period of no more than 3
 1235  years, continue to use any of the corporation’s policy forms or
 1236  endorsements that apply to the policy taken out, removed, or
 1237  assumed without obtaining approval from the office for use of
 1238  such policy form or endorsement.
 1239         (x)1. The following records of the corporation are
 1240  confidential and exempt from the provisions of s. 119.07(1) and
 1241  s. 24(a), Art. I of the State Constitution:
 1242         a. Underwriting files, except that a policyholder or an
 1243  applicant shall have access to his or her own underwriting
 1244  files. Confidential and exempt underwriting file records may
 1245  also be released to other governmental agencies upon written
 1246  request and demonstration of need; such records held by the
 1247  receiving agency remain confidential and exempt as provided
 1248  herein.
 1249         b. Claims files, until termination of all litigation and
 1250  settlement of all claims arising out of the same incident,
 1251  although portions of the claims files may remain exempt, as
 1252  otherwise provided by law. Confidential and exempt claims file
 1253  records may be released to other governmental agencies upon
 1254  written request and demonstration of need; such records held by
 1255  the receiving agency remain confidential and exempt as provided
 1256  herein.
 1257         c. Records obtained or generated by an internal auditor
 1258  pursuant to a routine audit, until the audit is completed, or if
 1259  the audit is conducted as part of an investigation, until the
 1260  investigation is closed or ceases to be active. An investigation
 1261  is considered “active” while the investigation is being
 1262  conducted with a reasonable, good faith belief that it could
 1263  lead to the filing of administrative, civil, or criminal
 1264  proceedings.
 1265         d. Matters reasonably encompassed in privileged attorney
 1266  client communications.
 1267         e. Proprietary information licensed to the corporation
 1268  under contract and the contract provides for the confidentiality
 1269  of such proprietary information.
 1270         f. All information relating to the medical condition or
 1271  medical status of a corporation employee which is not relevant
 1272  to the employee’s capacity to perform his or her duties, except
 1273  as otherwise provided in this paragraph. Information that is
 1274  exempt includes shall include, but is not limited to,
 1275  information relating to workers’ compensation, insurance
 1276  benefits, and retirement or disability benefits.
 1277         g. Upon an employee’s entrance into the employee assistance
 1278  program, a program to assist any employee who has a behavioral
 1279  or medical disorder, substance abuse problem, or emotional
 1280  difficulty that affects the employee’s job performance, all
 1281  records relative to that participation are shall be confidential
 1282  and exempt from the provisions of s. 119.07(1) and s. 24(a),
 1283  Art. I of the State Constitution, except as otherwise provided
 1284  in s. 112.0455(11).
 1285         h. Information relating to negotiations for financing,
 1286  reinsurance, depopulation, or contractual services, until the
 1287  conclusion of the negotiations.
 1288         i. Minutes of closed meetings regarding underwriting files,
 1289  and minutes of closed meetings regarding an open claims file
 1290  until termination of all litigation and settlement of all claims
 1291  with regard to that claim, except that information otherwise
 1292  confidential or exempt by law shall be redacted.
 1293         2. If an authorized insurer, a reinsurance intermediary, an
 1294  eligible surplus lines insurer, or an entity that has filed an
 1295  application with the office for licensure as a property and
 1296  casualty insurer in this state is considering writing or
 1297  assisting in the underwriting of a risk insured by the
 1298  corporation, relevant information from both the underwriting
 1299  files and confidential claims files may be released to the
 1300  insurer, reinsurance intermediary, eligible surplus lines
 1301  insurer, or entity that has been created to seek authority to
 1302  write property insurance in this state, provided the recipient
 1303  insurer agrees in writing, notarized and under oath, to maintain
 1304  the confidentiality of such files. If a policy file is
 1305  transferred to an insurer, that policy file is no longer a
 1306  public record because it is not held by an agency subject to the
 1307  provisions of the public records law. Underwriting files and
 1308  confidential claims files may also be released to staff and the
 1309  board of governors of the market assistance plan established
 1310  pursuant to s. 627.3515, who must retain the confidentiality of
 1311  such files, except such files may be released to authorized
 1312  insurers that are considering assuming the risks to which the
 1313  files apply, provided the insurer agrees in writing, notarized
 1314  and under oath, to maintain the confidentiality of such files.
 1315  Finally, the corporation or the board or staff of the market
 1316  assistance plan may make the following information obtained from
 1317  underwriting files and confidential claims files available to an
 1318  entity that has obtained a permit to become an authorized
 1319  insurer, a reinsurer that may provide reinsurance under s.
 1320  624.610, a licensed reinsurance broker, a licensed rating
 1321  organization, a modeling company, or a licensed general lines
 1322  insurance agent: name, address, and telephone number of the
 1323  residential property owner or insured; location of the risk;
 1324  rating information; loss history; and policy type. The receiving
 1325  person must retain the confidentiality of the information
 1326  received and may use the information only for the purposes of
 1327  developing a take-out plan or a rating plan to be submitted to
 1328  the office for approval or otherwise analyzing the underwriting
 1329  of a risk or risks insured by the corporation on behalf of the
 1330  private insurance market. A licensed general lines insurance
 1331  agent may not use such information for the direct solicitation
 1332  of policyholders.
 1333         3. A policyholder who has filed suit against the
 1334  corporation has the right to discover the contents of his or her
 1335  own claims file to the same extent that discovery of such
 1336  contents would be available from a private insurer in litigation
 1337  as provided by the Florida Rules of Civil Procedure, the Florida
 1338  Evidence Code, and other applicable law. Pursuant to subpoena, a
 1339  third party has the right to discover the contents of an
 1340  insured’s or applicant’s underwriting or claims file to the same
 1341  extent that discovery of such contents would be available from a
 1342  private insurer by subpoena as provided by the Florida Rules of
 1343  Civil Procedure, the Florida Evidence Code, and other applicable
 1344  law, and subject to any confidentiality protections requested by
 1345  the corporation and agreed to by the seeking party or ordered by
 1346  the court. The corporation may release confidential underwriting
 1347  and claims file contents and information as it deems necessary
 1348  and appropriate to underwrite or service insurance policies and
 1349  claims, subject to any confidentiality protections deemed
 1350  necessary and appropriate by the corporation.
 1351         4. Portions of meetings of the corporation are exempt from
 1352  the provisions of s. 286.011 and s. 24(b), Art. I of the State
 1353  Constitution wherein confidential underwriting files or
 1354  confidential open claims files are discussed. All portions of
 1355  corporation meetings which are closed to the public shall be
 1356  recorded by a court reporter. The court reporter shall record
 1357  the times of commencement and termination of the meeting, all
 1358  discussion and proceedings, the names of all persons present at
 1359  any time, and the names of all persons speaking. No portion of
 1360  any closed meeting shall be off the record. Subject to the
 1361  provisions hereof and s. 119.07(1)(d)-(f), the court reporter’s
 1362  notes of any closed meeting shall be retained by the corporation
 1363  for a minimum of 5 years. A copy of the transcript, less any
 1364  exempt matters, of any closed meeting wherein claims are
 1365  discussed shall become public as to individual claims after
 1366  settlement of the claim.
 1367         Section 3. Section 627.3517, Florida Statutes, is amended
 1368  to read:
 1369         627.3517 Consumer choice.—No provision of s. 627.351, s.
 1370  627.3511, or s. 627.3515 shall be construed to impair the right
 1371  of any insurance risk apportionment plan policyholder, upon
 1372  receipt of any keep-out keepout or take-out offer, to retain his
 1373  or her current agent, so long as that agent is duly licensed and
 1374  appointed by the insurance risk apportionment plan or otherwise
 1375  authorized to place business with the insurance risk
 1376  apportionment plan. This right may shall not be canceled,
 1377  suspended, impeded, abridged, or otherwise compromised by any
 1378  rule, plan of operation, or depopulation plan, whether through
 1379  keep-out keepout, take-out, midterm assumption, or any other
 1380  means, of any insurance risk apportionment plan or depopulation
 1381  plan, including, but not limited to, those described in s.
 1382  627.351, s. 627.3511, or s. 627.3515. The commission shall adopt
 1383  any rules necessary to cause any insurance risk apportionment
 1384  plan or market assistance plan under such sections to
 1385  demonstrate that the operations of the plan do not interfere
 1386  with, promote, or allow interference with the rights created
 1387  under this section. If the policyholder’s current agent is
 1388  unable or unwilling to be appointed with the insurer making the
 1389  take-out or keep-out keepout offer, the policyholder is shall
 1390  not be disqualified from participation in the appropriate
 1391  insurance risk apportionment plan because of an offer of
 1392  coverage in the voluntary market. An offer of full property
 1393  insurance coverage by the insurer currently insuring either the
 1394  ex-wind or wind-only coverage on the policy to which the offer
 1395  applies is shall not be considered a take-out or keep-out
 1396  keepout offer. Any rule, plan of operation, or plan of
 1397  depopulation, through keep-out keepout, take-out, midterm
 1398  assumption, or any other means, of any property insurance risk
 1399  apportionment plan under s. 627.351(2) or (6) is subject to ss.
 1400  627.351(2)(b) and (6)(c) and 627.3511(4).
 1401         Section 4. Subsection (5) of section 627.3518, Florida
 1402  Statutes, is amended, and paragraph (a) of subsection (6) and
 1403  paragraph (a) of subsection (7) of that section are reenacted,
 1404  to read:
 1405         627.3518 Citizens Property Insurance Corporation
 1406  policyholder eligibility clearinghouse program.—The purpose of
 1407  this section is to provide a framework for the corporation to
 1408  implement a clearinghouse program by January 1, 2014.
 1409         (5) Notwithstanding s. 627.3517, any applicant for new
 1410  coverage from the corporation is not eligible for coverage from
 1411  the corporation if provided an offer of coverage from an
 1412  authorized insurer through the program at a premium that is at
 1413  or below the eligibility threshold established in s.
 1414  627.351(6)(c)5.a. Whenever an offer of coverage for a personal
 1415  lines risk is received for a policyholder of the corporation at
 1416  renewal from an authorized insurer through the program, if the
 1417  offer is at or below the eligibility threshold established in s.
 1418  627.351(6)(c)5.a. equal to or less than the corporation’s
 1419  renewal premium for comparable coverage, the risk is not
 1420  eligible for coverage with the corporation. In the event an
 1421  offer of coverage for a new applicant or a personal lines risk
 1422  at renewal is received from an authorized insurer through the
 1423  program, and the premium offered exceeds the eligibility
 1424  thresholds specified threshold contained in s.
 1425  627.351(6)(c)5.a., the applicant or insured may elect to accept
 1426  such coverage, or may elect to accept or continue coverage with
 1427  the corporation. In the event an offer of coverage for a
 1428  personal lines risk is received from an authorized insurer at
 1429  renewal through the program, and the premium offered is more
 1430  than the corporation’s renewal premium for comparable coverage,
 1431  the insured may elect to accept such coverage, or may elect to
 1432  accept or continue coverage with the corporation. Section
 1433  627.351(6)(c)5.a.(I) does not apply to an offer of coverage from
 1434  an authorized insurer obtained through the program. An applicant
 1435  for coverage from the corporation who was declared ineligible
 1436  for coverage at renewal by the corporation in the previous 36
 1437  months due to an offer of coverage pursuant to this subsection
 1438  shall be considered a renewal under this section if the
 1439  corporation determines that the authorized insurer making the
 1440  offer of coverage pursuant to this subsection continues to
 1441  insure the applicant and increased the rate on the policy in
 1442  excess of the increase allowed for the corporation under s.
 1443  627.351(6)(n)6.
 1444         (6) Independent insurance agents submitting new
 1445  applications for coverage or that are the agent of record on a
 1446  renewal policy submitted to the program:
 1447         (a) Are granted and must maintain ownership and the
 1448  exclusive use of expirations, records, or other written or
 1449  electronic information directly related to such applications or
 1450  renewals written through the corporation or through an insurer
 1451  participating in the program, notwithstanding s.
 1452  627.351(6)(c)5.a.(I)(B) and (II)(B). Such ownership is granted
 1453  for as long as the insured remains with the agency or until sold
 1454  or surrendered in writing by the agent. Contracts with the
 1455  corporation or required by the corporation must not amend,
 1456  modify, interfere with, or limit such rights of ownership. Such
 1457  expirations, records, or other written or electronic information
 1458  may be used to review an application, issue a policy, or for any
 1459  other purpose necessary for placing such business through the
 1460  program.
 1461  
 1462  Applicants ineligible for coverage in accordance with subsection
 1463  (5) remain ineligible if their independent agent is unwilling or
 1464  unable to enter into a standard or limited agency agreement with
 1465  an insurer participating in the program.
 1466         (7) Exclusive agents submitting new applications for
 1467  coverage or that are the agent of record on a renewal policy
 1468  submitted to the program:
 1469         (a) Must maintain ownership and the exclusive use of
 1470  expirations, records, or other written or electronic information
 1471  directly related to such applications or renewals written
 1472  through the corporation or through an insurer participating in
 1473  the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
 1474  (II)(B). Contracts with the corporation or required by the
 1475  corporation must not amend, modify, interfere with, or limit
 1476  such rights of ownership. Such expirations, records, or other
 1477  written or electronic information may be used to review an
 1478  application, issue a policy, or for any other purpose necessary
 1479  for placing such business through the program.
 1480  
 1481  Applicants ineligible for coverage in accordance with subsection
 1482  (5) remain ineligible if their exclusive agent is unwilling or
 1483  unable to enter into a standard or limited agency agreement with
 1484  an insurer making an offer of coverage to that applicant.
 1485         Section 5. This act shall take effect January 1, 2022.