Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for SB 1770 Barcode 651304 LEGISLATIVE ACTION Senate . House . . . Floor: 16/AD/2R . 04/11/2013 04:22 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Simmons moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 2514 - 2744 4 and insert: 5 627.3518 Citizens Property Insurance Corporation 6 clearinghouse.—The Legislature recognizes that Citizens Property 7 Insurance Corporation has authority to establish a clearinghouse 8 as a separate organizational unit within the corporation for the 9 purpose of determining the eligibility of new and renewal risks, 10 excluding commercial residential, seeking coverage through the 11 corporation and facilitating the identification and diversion of 12 ineligible applicants and current policyholders from the 13 corporation into the voluntary insurance market. The purpose of 14 this section is to augment that authority by providing a 15 framework for the corporation to implement such program by 16 January 1, 2014. 17 (1) As used in this section, the term: 18 (a) “Clearinghouse” means the clearinghouse diversion 19 program created under this section. 20 (b) “Corporation” means Citizens Property Insurance 21 Corporation. 22 (c) “Exclusive agent” means a licensed insurance agent who 23 has agreed, by contract, to act exclusively for one company or 24 group of affiliated insurance companies and is disallowed by the 25 provisions of that contract to directly write for any other 26 unaffiliated insurer absent express consent from the company or 27 group of affiliated insurance companies. 28 (d) “Independent agent” means a licensed insurance agent 29 not described in paragraph (c). 30 (2) In order to confirm eligibility with the corporation 31 and to enhance the access of new applicants for coverage and 32 existing policyholders of the corporation to offers of coverage 33 from authorized and eligible insurers, the corporation shall 34 establish a clearinghouse for personal residential risks in 35 order to facilitate the diversion of ineligible applicants and 36 existing policyholders from the corporation into the voluntary 37 insurance market. The corporation shall also develop appropriate 38 procedures for facilitating the diversion of ineligible 39 applicants and existing policyholders for commercial residential 40 coverage into the private insurance market, and shall report 41 such procedures to the President of the Senate and the Speaker 42 of the House of Representatives by July 1, 2015. 43 (3) The clearinghouse has the same rights and 44 responsibilities in carrying out its duties as a licensed 45 general lines agent, but is not required to employ or engage a 46 licensed general lines agent or to maintain an insurance agency 47 license in order to solicit and place insurance coverage. In 48 establishing the clearinghouse, the corporation may: 49 (a) Require all new applications and all policies due for 50 renewal to be submitted to the clearinghouse in order to 51 facilitate obtaining an offer of coverage from an authorized 52 insurer before binding or renewing coverage by the corporation. 53 (b) Employ or otherwise contract with individuals or other 54 entities to provide administrative or professional services in 55 order to carry out the plan within the corporation in accordance 56 with the applicable purchasing requirements under s. 627.351. 57 (c) Enter into a contract with an authorized or eligible 58 insurer participating in the clearinghouse and accept an 59 appointment by such insurer. 60 (d) Provide funds to operate the clearinghouse. Insurers 61 and agents participating in the clearinghouse are not required 62 to pay a fee to offset or partially offset the cost of the 63 clearinghouse, or use the clearinghouse for the renewal of 64 policies initially written through the clearinghouse. 65 (e) Develop an enhanced application for obtaining 66 information that will assist private insurers in determining 67 whether to make an offer of coverage through the clearinghouse. 68 (f) Before approving new applications for coverage by the 69 corporation, require that every application be subject to a 70 period of 2 business days during which an insurer participating 71 in the program may select the application for coverage. The 72 insurer may issue a binder on any policy selected for coverage 73 for at least 30 days but not more than 60 days. 74 (4) An authorized or eligible insurer may participate in 75 the clearinghouse; however, participation is not mandatory. An 76 insurer that makes an offer of coverage to a new applicant or 77 renews a policy for a policyholder through the clearinghouse: 78 (a) Is not required to individually appoint an agent whose 79 customer is underwritten and bound through the clearinghouse. 80 Notwithstanding s. 626.112, an insurer is not required to 81 appoint an agent on a policy underwritten through the 82 clearinghouse if that policy remains with the insurer. An 83 insurer may appoint an agent whose customer is initially 84 underwritten and bound through the clearinghouse. If an insurer 85 accepts a policy from an agent who is not appointed pursuant to 86 this paragraph and thereafter accepts a policy from such agent, 87 the provisions of s. 626.112 requiring appointment apply to the 88 agent. 89 (b) Must enter into a limited agency agreement with each 90 agent who is not appointed in accordance with paragraph (a) and 91 whose customer is underwritten and bound through the 92 clearinghouse. 93 (c) Must enter into its standard agency agreement with each 94 agent whose customer is underwritten and bound through the 95 clearinghouse if that agent has been appointed by the insurer 96 pursuant to s. 626.112. 97 (d) Must comply with s. 627.4133(2). 98 (e) Must allow authorized or eligible insurers 99 participating in the clearinghouse to participate through their 100 single, designated managing general agent or broker; however, 101 the provisions of paragraph (6)(a) regarding ownership, control, 102 and use of the expirations apply. 103 (f) Must pay the producing agent a commission equal to that 104 paid by the corporation or the usual and customary commission 105 paid by the insurer for that line of business, whichever is 106 greater. 107 (5)(a) Notwithstanding s. 627.3517, an applicant for new 108 coverage is not eligible for coverage from the corporation if 109 the applicant is offered coverage from an authorized insurer 110 through the clearinghouse at a premium that is at or below the 111 eligibility threshold established under s. 627.351(6)(c)5.a. 112 (b) Notwithstanding any other provisions of law, if a 113 renewing policyholder of the corporation is offered coverage 114 from an authorized insurer for a personal lines or commercial 115 lines risk at a premium that is no more than 15 percent above 116 the corporation’s renewal premium for comparable coverage, the 117 risk is not eligible for coverage with the corporation. 118 (c) Notwithstanding s. 626.916(1), if an applicant for new 119 or renewal coverage from the corporation does not receive an 120 offer of coverage from an authorized insurer, the applicant may 121 choose to accept an offer of coverage from an eligible insurer 122 or its broker under ss. 626.913-626.937. Such offer of coverage 123 from an eligible insurer does not make the risk ineligible for 124 coverage with the corporation. 125 (d) An applicant for new or renewal coverage from the 126 corporation may choose to accept any offer of coverage received 127 through the clearinghouse from an authorized insurer which is 128 greater than 15 percent of the corporation’s renewal premium. 129 (e) Section 627.351(6)(c)5.a.(I) and b.(I) does not apply 130 to an offer of coverage from an authorized insurer obtained 131 through the clearinghouse. 132 (6) An independent agent who submits a new application for 133 coverage or who is the agent of record on a renewal policy 134 submitted to the clearinghouse: 135 (a) Is granted and must maintain ownership and the 136 exclusive use of expirations, records, or other written or 137 electronic information directly related to such application or 138 renewal written through the corporation or through an insurer 139 participating in the clearinghouse, notwithstanding s. 140 627.351(6)(c)5.a.(I)(B) and (II)(B). Such ownership is granted 141 for as long as the insured remains with the agency or until sold 142 or surrendered in writing by the agent. A contract with the 143 corporation or required by the corporation may not amend, 144 modify, interfere with, or limit such rights of ownership. Such 145 expirations, records, or other written or electronic information 146 may be used to review an application or issue a policy or for 147 any other purpose necessary for placing business through the 148 clearinghouse. 149 (b) Is not required to be appointed by an insurer 150 participating in the clearinghouse for policies written solely 151 through the clearinghouse, notwithstanding s. 626.112. 152 (c) May accept an appointment from an insurer participating 153 in the clearinghouse. 154 (d) May enter into a standard or limited agency agreement 155 with the insurer, at the insurer’s option. 156 157 An applicant ineligible for coverage under subsection (5) 158 remains ineligible if the applicant’s independent agent is 159 unwilling or unable to enter into a standard or limited agency 160 agreement with an insurer participating in the clearinghouse. 161 (7) An exclusive agent who submits a new application for 162 coverage or who is the agent of record on a renewal policy 163 submitted to the clearinghouse: 164 (a) Must maintain ownership and the exclusive use of 165 expirations, records, or other written or electronic information 166 directly related to such application or renewal written through 167 the corporation or through an insurer participating in the 168 clearinghouse, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and 169 (II)(B). A contract with the corporation or required by the 170 corporation may not amend, modify, interfere with, or limit such 171 rights of ownership. Such expirations, records, or other written 172 or electronic information may be used to review an application 173 or issue a policy or for any other purpose necessary for placing 174 business through the clearinghouse. 175 (b) Is not required to be appointed by an insurer 176 participating in the clearinghouse for policies written solely 177 through the clearinghouse, notwithstanding s. 626.112. 178 (c) Must only facilitate the placement of an offer of 179 coverage from an insurer whose limited servicing agreement is 180 approved by that exclusive agent’s exclusive insurer. 181 (d) May enter into a limited servicing agreement with the 182 insurer making an offer of coverage, and may do so only after 183 the exclusive agent’s insurer has approved the terms of the 184 agreement. The exclusive agent’s insurer must approve a limited 185 service agreement for the clearinghouse if the insurer has 186 approved a service agreement with the agent for other purposes. 187 188 An applicant is ineligible for coverage under subsection (5) if 189 the applicant’s exclusive agent is unwilling or unable to enter 190 into a standard or limited agency agreement with a participating 191 insurer making an offer of coverage to that applicant. 192 (8) Submission of an application to the clearinghouse for 193 coverage by the corporation does not constitute the binding of 194 coverage, and the failure of the clearinghouse to obtain an 195 offer of coverage by an insurer is not considered acceptance of 196 coverage of the risk by the corporation. 197 (9) The clearinghouse may not include commercial 198 nonresidential policies. 199 Section 14. Temporary keepout program.—Citizens Property 200 Insurance Corporation shall implement a temporary keepout 201 program beginning July 1, 2013, and ending on the date the 202 clearinghouse program established under s. 627.3518, Florida 203 Statutes, is operational. 204 (1) Subject to procedures adopted by the corporation, the 205 program shall provide an opportunity for new applicants for 206 personal residential multiperil coverage with the corporation to 207 be offered coverage with authorized insurers through the market 208 assistance plan established under s. 627.3515, Florida Statutes. 209 (2) The program is subject to all of the following: 210 (a) The corporation may not accept a new personal 211 residential multiperil application for coverage within 72 hours 212 after submission of the risk to the market assistance plan under 213 subsection (1). 214 (b) Section 627.3517, Florida Statutes, relating to 215 consumer choice of agent does not apply to applications for 216 coverage accepted by authorized insurers under the program. 217 (c) Insurers issuing policies under this section are 218 subject to s. 627.3518(3), Florida Statutes, relating to agent 219 appointment. 220 (d) Notwithstanding s. 626.916(1), Florida Statutes, if an 221 applicant for new or renewal coverage from the corporation does 222 not receive an offer of coverage from an eligible insurer, the 223 applicant may accept an offer from a designated broker of an 224 insurer eligible under ss. 626.913-626.937, Florida Statutes. 225 (e) An exclusive agent must only facilitate the placement 226 of an offer of coverage from an insurer whose limited servicing 227 agreement is approved by that exclusive agent’s exclusive 228 insurer. 229 230 An applicant is ineligible for coverage if the applicant’s agent 231 is unwilling or unable to enter into a standard or limited 232 agency agreement with a participating insurer making an offer of 233 coverage to that applicant. 234 (3) This section expires on January 1, 2014, or when the 235 clearinghouse program established under s. 627.3518, Florida 236 Statutes, becomes operational, whichever occurs first. 237 238 ================= T I T L E A M E N D M E N T ================ 239 And the title is amended as follows: 240 Delete lines 95 - 96 241 and insert: 242 establishing a temporary keepout