Florida Senate - 2013 SB 1612 By Senator Clemens 27-01264-13 20131612__ 1 A bill to be entitled 2 An act relating to Citizens Property Insurance 3 Corporation; amending s. 627.351, F.S.; deleting a 4 provision that limits the amount that a public 5 adjuster may charge, agree to, or accept as 6 compensation with respect to a claim filed under a 7 policy of the corporation; providing an effective 8 date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (a) of subsection (6) of section 13 627.351, Florida Statutes, is amended to read: 14 627.351 Insurance risk apportionment plans.— 15 (6) CITIZENS PROPERTY INSURANCE CORPORATION.— 16 (a) The public purpose of this subsection is to ensure that 17 there is an orderly market for property insurance for residents 18 and businesses of this state. 19 1. The Legislature finds that private insurers are 20 unwilling or unable to provide affordable property insurance 21 coverage in this state to the extent sought and needed. The 22 absence of affordable property insurance threatens the public 23 health, safety, and welfare and likewise threatens the economic 24 health of the state. The state therefore has a compelling public 25 interest and a public purpose to assist in assuring that 26 property in the state is insured and that it is insured at 27 affordable rates so as to facilitate the remediation, 28 reconstruction, and replacement of damaged or destroyed property 29 in order to reduce or avoid the negative effects otherwise 30 resulting to the public health, safety, and welfare, to the 31 economy of the state, and to the revenues of the state and local 32 governments which are needed to provide for the public welfare. 33 It is necessary, therefore, to provide affordable property 34 insurance to applicants who are in good faith entitled to 35 procure insurance through the voluntary market but are unable to 36 do so. The Legislature intends, therefore, that affordable 37 property insurance be provided and that it continue to be 38 provided, as long as necessary, through Citizens Property 39 Insurance Corporation, a government entity that is an integral 40 part of the state, and that is not a private insurance company. 41 To that end, the corporation shall strive to increase the 42 availability of affordable property insurance in this state, 43 while achieving efficiencies and economies, and while providing 44 service to policyholders, applicants, and agents which is no 45 less than the quality generally provided in the voluntary 46 market, for the achievement of the foregoing public purposes. 47 Because it is essential for this government entity to have the 48 maximum financial resources to pay claims following a 49 catastrophic hurricane, it is the intent of the Legislature that 50 the corporation continue to be an integral part of the state and 51 that the income of the corporation be exempt from federal income 52 taxation and that interest on the debt obligations issued by the 53 corporation be exempt from federal income taxation. 54 2. The Residential Property and Casualty Joint Underwriting 55 Association originally created by this statute shall be known as 56 the Citizens Property Insurance Corporation. The corporation 57 shall provide insurance for residential and commercial property, 58 for applicants who are entitled, but, in good faith, are unable 59 to procure insurance through the voluntary market. The 60 corporation shall operate pursuant to a plan of operation 61 approved by order of the Financial Services Commission. The plan 62 is subject to continuous review by the commission. The 63 commission may, by order, withdraw approval of all or part of a 64 plan if the commission determines that conditions have changed 65 since approval was granted and that the purposes of the plan 66 require changes in the plan. For the purposes of this 67 subsection, residential coverage includes both personal lines 68 residential coverage, which consists of the type of coverage 69 provided by homeowner’s, mobile home owner’s, dwelling, 70 tenant’s, condominium unit owner’s, and similar policies; and 71 commercial lines residential coverage, which consists of the 72 type of coverage provided by condominium association, apartment 73 building, and similar policies. 74 3. Effective January 1, 2009, a personal lines residential 75 structure that has a dwelling replacement cost of $2 million or 76 more, or a single condominium unit that has a combined dwelling 77 and contents replacement cost of $2 million or more is not 78 eligible for coverage by the corporation. Such dwellings insured 79 by the corporation on December 31, 2008, may continue to be 80 covered by the corporation until the end of the policy term. 81 However, such dwellings may reapply and obtain coverage if the 82 property owner provides the corporation with a sworn affidavit 83 from one or more insurance agents, on a form provided by the 84 corporation, stating that the agents have made their best 85 efforts to obtain coverage and that the property has been 86 rejected for coverage by at least one authorized insurer and at 87 least three surplus lines insurers. If such conditions are met, 88 the dwelling may be insured by the corporation for up to 3 89 years, after which time the dwelling is ineligible for coverage. 90 The office shall approve the method used by the corporation for 91 valuing the dwelling replacement cost for the purposes of this 92 subparagraph. If a policyholder is insured by the corporation 93 prior to being determined to be ineligible pursuant to this 94 subparagraph and such policyholder files a lawsuit challenging 95 the determination, the policyholder may remain insured by the 96 corporation until the conclusion of the litigation. 97 4. It is the intent of the Legislature that policyholders, 98 applicants, and agents of the corporation receive service and 99 treatment of the highest possible level but never less than that 100 generally provided in the voluntary market. It is also intended 101 that the corporation be held to service standards no less than 102 those applied to insurers in the voluntary market by the office 103 with respect to responsiveness, timeliness, customer courtesy, 104 and overall dealings with policyholders, applicants, or agents 105 of the corporation. 106 5. Effective January 1, 2009, a personal lines residential 107 structure that is located in the “wind-borne debris region,” as 108 defined in s. 1609.2, International Building Code (2006), and 109 that has an insured value on the structure of $750,000 or more 110 is not eligible for coverage by the corporation unless the 111 structure has opening protections as required under the Florida 112 Building Code for a newly constructed residential structure in 113 that area. A residential structure shall be deemed to comply 114 with this subparagraph if it has shutters or opening protections 115 on all openings and if such opening protections complied with 116 the Florida Building Code at the time they were installed. 1176. For any claim filed under any policy of the corporation,118a public adjuster may not charge, agree to, or accept any119compensation, payment, commission, fee, or other thing of value120greater than 10 percent of the additional amount actually paid121over the amount that was originally offered by the corporation122for any one claim.123 Section 2. This act shall take effect July 1, 2013.