Florida Senate - 2013 SB 1850
By the Committee on Banking and Insurance
597-03437-13 20131850__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 627.3518, F.S.; providing an exemption from public
4 records requirements for all underwriting guidelines,
5 manuals, rating information, and other underwriting
6 criteria or instructions submitted by an insurer to
7 the corporation’s policyholder eligibility
8 clearinghouse program which are used to identify and
9 select risks from the program; providing for future
10 review and repeal; providing a statement of public
11 necessity; providing a contingent effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (11) is added to section 627.3518,
16 Florida Statutes, as created by SB 1770 or similar legislation,
17 2013 Regular Session, to read:
18 627.3518 Citizens Property Insurance Corporation
19 clearinghouse.—
20 (11) Underwriting guidelines, manuals, rating information,
21 and other underwriting criteria or instructions submitted by an
22 insurer to the corporation’s clearinghouse which are used to
23 identify and select risks from the clearinghouse are
24 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
25 of the State Constitution. This subsection is subject to the
26 Open Government Sunset Review Act in accordance with s. 119.15
27 and shall stand repealed on October 2, 2018, unless reviewed and
28 saved from repeal through reenactment by the Legislature.
29 Section 2. The Legislature finds and declares that it is a
30 public necessity that underwriting guidelines, manuals, rating
31 information, and other underwriting criteria or instructions
32 submitted by an insurer to the Citizens Property Insurance
33 Corporation’s clearinghouse which are used to identify and
34 select risks from the clearinghouse be made confidential and
35 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
36 Article I of the State Constitution. The program will facilitate
37 obtaining offers of coverage from authorized insurers for new
38 applicants for insurance coverage with the corporation and for
39 policyholders seeking to renew existing insurance coverage with
40 the corporation. Obtaining offers of coverage from authorized
41 insurers through the clearinghouse will provide more choices for
42 consumers and reduce the corporation’s exposure and potential
43 for imposing assessments on its policyholders and policyholders
44 in the private market. In order for the program to efficiently
45 determine whether there are authorized insurers interested in
46 making an offer of coverage for a particular risk, a substantial
47 amount of detailed data from participating insurers must be
48 provided to the program. Public disclosure of the detailed data
49 could result in a substantial chilling effect on insurer
50 participation in the program and thereby undermine the program’s
51 success.
52 Section 3. This act shall take effect on the same date that
53 SB 1770 or similar legislation creating s. 627.3518, Florida
54 Statutes, the Citizen’s Property Insurance Corporation
55 clearinghouse, takes effect, if such legislation is adopted in
56 the same legislative session or an extension thereof and becomes
57 law.