Florida Senate - 2014                       CS for CS for SB 570
       
       
        
       By the Committees on Judiciary; and Banking and Insurance; and
       Senator Galvano
       
       
       
       
       590-02439-14                                           2014570c2
    1                        A bill to be entitled                      
    2         An act relating to title insurance; amending s.
    3         625.041, F.S.; specifying that a title insurer is
    4         liable for all of its unpaid losses and claims;
    5         amending s. 625.111, F.S.; revising and specifying the
    6         reserves certain title insurers must set aside;
    7         specifying how such reserves will be released;
    8         specifying which state law governs the amount of the
    9         reserve when a title insurer transfers its domicile to
   10         this state; defining “bulk reserve”; amending ss.
   11         624.407 and 624.408, F.S.; conforming cross
   12         references; amending s. 626.8412, F.S.; specifying
   13         that only a licensed and appointed agent or agency is
   14         authorized to sell title insurance; amending s.
   15         626.8413, F.S.; providing additional limitations on
   16         the name that a title insurance agent or agency may
   17         adopt; providing applicability; amending s. 626.8417,
   18         F.S.; conforming provisions to changes made by the
   19         act; amending s. 626.8418, F.S.; revising the
   20         application requirements for a title insurance agency
   21         license; deleting certain bonding requirements and
   22         procedures; amending s. 626.8419, F.S.; conforming
   23         provisions to changes made by the act; amending s.
   24         626.8437, F.S.; revising terms relating to grounds for
   25         actions against a licensee or appointee; amending s.
   26         627.778, F.S.; limiting the remedies available for the
   27         breach of duty arising from a title insurance
   28         contract; amending s. 627.782, F.S.; revising the date
   29         that certain information relating to title insurance
   30         rates must be submitted to the Office of Insurance
   31         Regulation by title insurance agencies and insurers;
   32         amending s. 627.7845, F.S.; revising terms relating to
   33         determination of insurability and preservation of
   34         evidence of title search and examination; providing
   35         effective dates.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 625.041, Florida Statutes, is amended to
   40  read:
   41         625.041 Liabilities, in general.—In any determination of
   42  the financial condition of an insurer, liabilities to be charged
   43  against its assets shall include:
   44         (1) The amount, estimated in accordance consistent with the
   45  provisions of this code, necessary to pay all of its unpaid
   46  losses and claims incurred on or before prior to the date of
   47  statement, whether reported or unreported, together with the
   48  expenses of adjustment or settlement thereof.
   49         (2) With respect to title insurance, the amount, estimated
   50  in accordance with this code, necessary to pay all of its known
   51  unpaid losses and claims incurred on or before the date of
   52  statement, together with the expenses of adjustment or
   53  settlement thereof. This requirement is in addition to the
   54  reserves required under s. 625.111.
   55         (3)(2) With respect reference to life and health insurance
   56  and annuity contracts:
   57         (a) The amount of reserves on life insurance policies and
   58  annuity contracts in force, valued according to the tables of
   59  mortality, rates of interest, and methods adopted pursuant to
   60  this code which are applicable thereto.
   61         (b) Reserves for disability benefits, for both active and
   62  disabled lives.
   63         (c) Reserves for accidental death benefits.
   64         (d) Any additional reserves that may be required by the
   65  office in accordance consistent with practice formulated or
   66  approved by the National Association of Insurance Commissioners
   67  or its successor organization, on account of such insurance,
   68  including contract and premium deficiency reserves.
   69         (4)(3) With respect reference to insurance other than that
   70  specified in subsections (2) and (3) subsection (2), and other
   71  than title insurance, the amount of reserves equal to the
   72  unearned portions of the gross premiums charged on policies in
   73  force, computed in accordance with this part.
   74         (5)(4) Taxes, expenses, and other obligations due or
   75  accrued at the date of the statement.
   76         (6)(5)An Any insurer in this state which that writes
   77  workers’ compensation insurance shall accrue a liability on its
   78  financial statements for all Special Disability Trust Fund
   79  assessments that are due within the current calendar year. In
   80  addition, Those insurers shall also disclose in the notes to the
   81  financial statements required to be filed pursuant to s. 624.424
   82  an estimate of future Special Disability Trust Fund assessments,
   83  if the assessments are likely to occur and can be estimated with
   84  reasonable certainty.
   85         Section 2. Section 625.111, Florida Statutes, is amended to
   86  read:
   87         625.111 Title insurance reserve.—In addition to an adequate
   88  reserve as to outstanding losses relating to known claims, as
   89  required under s. 625.041, a domestic title insurer shall
   90  establish, segregate, and maintain a guaranty fund or unearned
   91  premium reserve as provided in this section. The sums required
   92  under this section to be reserved for unearned premiums on title
   93  guarantees and policies at all times and for all purposes shall
   94  be considered and constitute unearned portions of the original
   95  premiums and shall be charged as a reserve liability of the such
   96  insurer in determining its financial condition. While Such sums
   97  are so reserved funds, they shall be withdrawn from the use of
   98  the insurer for its general purposes, impressed with a trust in
   99  favor of the holders of title guarantees and policies, and held
  100  available for reinsurance of the title guarantees and policies
  101  in the event of the insolvency of the insurer. Nothing contained
  102  in This section does not shall preclude the such insurer from
  103  investing such reserve in investments authorized by law, for
  104  such an insurer and the income from such investments invested
  105  reserve shall be included in the general income of the insurer
  106  and may to be used by such insurer for any lawful purpose.
  107         (1) For an unearned premium reserve reserves established on
  108  or after July 1, 1999, such unearned premium reserve must be in
  109  shall consist of not less than an amount at least equal to the
  110  sum of the amounts specified in paragraphs (a), (b), and (d) for
  111  title insurers holding less than $50 million in surplus as to
  112  policyholders as of the previous year end, and the sum of the
  113  amounts specified in paragraphs (c) and (d) for title insurers
  114  holding $50 million or more in surplus as to policyholders as of
  115  the previous year end:
  116         (a) A reserve with respect to unearned premiums for
  117  policies written or title liability assumed in reinsurance
  118  before July 1, 1999, equal to the reserve established on June
  119  30, 1999, for those unearned premiums with such reserve being
  120  subsequently released as provided in subsection (2). For
  121  domestic title insurers subject to this section, such amounts
  122  shall be calculated in accordance with provisions of law of this
  123  state law in effect at the time the associated premiums were
  124  written or assumed and as amended before prior to July 1, 1999.
  125         (b) A total amount equal to 30 cents for each $1,000 of net
  126  retained liability for policies written or title liability
  127  assumed in reinsurance on or after July 1, 1999, with such
  128  reserve being subsequently released as provided in subsection
  129  (2). For the purpose of calculating this reserve, the total of
  130  the net retained liability for all simultaneous issue policies
  131  covering a single risk shall be equal to the liability for the
  132  policy with the highest limit covering that single risk, net of
  133  any liability ceded in reinsurance.
  134         (c) On or after January 1, 2014, for title insurers holding
  135  $50 million or more in surplus as to policyholders as of the
  136  previous year end, a minimum of 6.5 percent of the total of the
  137  following:
  138         1. Direct premiums written; and
  139         2. Premiums for reinsurance assumed, plus other income,
  140  less premiums for reinsurance ceded as displayed in Schedule P
  141  of the title insurer’s most recent annual statement filed with
  142  the office with such reserve being subsequently released as
  143  provided in subsection (2). Title insurers with less than $50
  144  million in surplus as to policyholders must continue to record
  145  unearned premium reserve in accordance with paragraph (b).
  146         (d)(c) An additional amount, if deemed necessary by a
  147  qualified actuary, to which shall be subsequently released as
  148  provided in subsection (2). Using financial results as of
  149  December 31 of each year, all domestic title insurers shall
  150  obtain a Statement of Actuarial Opinion from a qualified actuary
  151  regarding the insurer’s loss and loss adjustment expense
  152  reserves, including reserves for known claims, adverse
  153  development on known claims, incurred but not reported claims,
  154  and unallocated loss adjustment expenses. The actuarial opinion
  155  must shall conform to the annual statement instructions for
  156  title insurers adopted by the National Association of Insurance
  157  Commissioners and shall include the actuary’s professional
  158  opinion of the insurer’s reserves as of the date of the annual
  159  statement. If the amount of the reserve stated in the opinion
  160  and displayed in Schedule P of the annual statement for that
  161  reporting date is greater than the sum of the known claim
  162  reserve and unearned premium reserve as calculated under this
  163  section, as of the same reporting date and including any
  164  previous actuarial provisions added at earlier dates, the
  165  insurer shall add to the insurer’s unearned premium reserve an
  166  actuarial amount equal to the reserve shown in the actuarial
  167  opinion, minus the known claim reserve and the unearned premium
  168  reserve, as of the current reporting date and calculated in
  169  accordance with this section, but not in no event calculated as
  170  of any date before prior to December 31, 1999. The comparison
  171  shall be made using that line on Schedule P displaying the Total
  172  Net Loss and Loss Adjustment Expense which is comprised of the
  173  Known Claim Reserve, and any associated Adverse Development
  174  Reserve, the reserve for Incurred But Not Reported Losses, and
  175  Unallocated Loss Adjustment Expenses.
  176         (2)(a) With respect to reserves the reserve established in
  177  accordance with:
  178         (a) Paragraph (1)(a), the domestic title insurer shall
  179  release the reserve over the subsequent a period of 20
  180  subsequent years as provided in this paragraph. The insurer
  181  shall release 30 percent of the initial aggregate sum during
  182  1999, with one quarter of that amount being released on March
  183  31, June 30, September 30, and December 31, 1999, with the March
  184  31 and June 30 releases to be retroactive and reflected on the
  185  September 30 financial statements. Thereafter, the insurer shall
  186  release, on the same quarterly basis as specified for reserves
  187  released during 1999, a percentage of the initial aggregate sum
  188  as follows: 15 percent during calendar year 2000, 10 percent
  189  during each of calendar years 2001 and 2002, 5 percent during
  190  each of calendar years 2003 and 2004, 3 percent during each of
  191  calendar years 2005 and 2006, 2 percent during each of calendar
  192  years 2007-2013, and 1 percent during each of calendar years
  193  2014-2018.
  194         (b) With respect to reserves established in accordance with
  195  Paragraph (1)(b), the unearned premium for policies written or
  196  title liability assumed during a particular calendar year shall
  197  be earned, and released from reserve, over the subsequent a
  198  period of 20 subsequent years as provided in this paragraph. The
  199  insurer shall release 30 percent of the initial sum during the
  200  year following next succeeding the year the premium was written
  201  or assumed, with one quarter of that amount being released on
  202  March 31, June 30, September 30, and December 31 of such year.
  203  Thereafter, the insurer shall release, on the same quarterly
  204  basis as specified for reserves released during the year
  205  following first succeeding the year the premium was written or
  206  assumed, a percentage of the initial sum as follows: 15 percent
  207  during the next succeeding year, 10 percent during each of the
  208  next succeeding 2 years, 5 percent during each of the next
  209  succeeding 2 years, 3 percent during each of the next succeeding
  210  2 years, 2 percent during each of the next succeeding 7 years,
  211  and 1 percent during each of the next succeeding 5 years.
  212         (c) With respect to reserves established in accordance with
  213  Paragraph (1)(c), the unearned premium for policies written or
  214  title liability assumed during a particular calendar year shall
  215  be earned, and released from reserve, over the subsequent 20
  216  years at an amortization rate not to exceed the formula in this
  217  paragraph. The insurer shall release 35 percent of the initial
  218  sum during the year following the year the premium was written
  219  or assumed, with one quarter of that amount being released on
  220  March 31, June 30, September 30, and December 31 of such year.
  221  Thereafter, the insurer shall release, on the same quarterly
  222  basis as specified for reserve released during the year
  223  following the year the premium was written or assumed, a
  224  percentage of the initial sum as follows: 15 percent during each
  225  year of the next succeeding 2 years, 10 percent during the next
  226  succeeding year, 3 percent during each of the next succeeding 3
  227  years, 2 percent during each of the next succeeding 3 years, and
  228  1 percent during each of the next succeeding 10 years.
  229         (d) Paragraph (1)(d), any additional amount established in
  230  any calendar year shall be released in the years subsequent to
  231  its establishment as provided in paragraph (c) (b), with the
  232  timing and percentage of releases being in all respects
  233  identical to those of unearned premium reserves that are
  234  calculated as provided in paragraph (c) (b) and established with
  235  regard to premiums written or liability assumed in reinsurance
  236  in the same year as the year in which any additional amount was
  237  originally established.
  238         (3) If a title insurer that is organized under the laws of
  239  another state transfers its domicile to this state, the
  240  statutory or unearned premium reserve shall be the amount
  241  required by the laws of the title insurer’s former state of
  242  domicile as of the date of transfer of domicile and shall be
  243  released from reserve according to the requirements of law in
  244  effect in the former state at the time of domicile. On or after
  245  January 1, 2014, for new business written after the effective
  246  date of the transfer of domicile to this state, the domestic
  247  title insurer shall add to and set aside in the statutory or
  248  unearned premium reserve such amount as provided in paragraph
  249  (1)(c).
  250         (4)(3) At any reporting date, the amount of the required
  251  releases of existing unearned premium reserves under subsection
  252  (2) shall be calculated and deducted from the total unearned
  253  premium reserve before any additional amount is established for
  254  the current calendar year in accordance with the provisions of
  255  paragraph (1)(d) (1)(c).
  256         (5) A domestic title insurer is not required to record a
  257  separate bulk reserve. However, if a separate bulk reserve is
  258  recorded, the statutory premium reserve must be reduced by the
  259  amount recorded for such bulk reserve.
  260         (6)(4) As used in this section, the term:
  261         (a) “Bulk reserve” means provision for subsequent
  262  development on known claims.
  263         (b)(a) “Net retained liability” means the total liability
  264  retained by a title insurer for a single risk, after taking into
  265  account the deduction for ceded liability, if any.
  266         (c)(b) “Qualified actuary” means a person who is, as
  267  detailed in the National Association of Insurance Commissioners’
  268  Annual Statement Instructions:
  269         1. A member in good standing of the Casualty Actuarial
  270  Society;
  271         2. A member in good standing of the American Academy of
  272  Actuaries who has been approved as qualified for signing
  273  casualty loss reserve opinions by the Casualty Practice Council
  274  of the American Academy of Actuaries; or
  275         3. A person who otherwise has competency in loss reserve
  276  evaluation as demonstrated to the satisfaction of the insurance
  277  regulatory official of the domiciliary state. In such case, at
  278  least 90 days before prior to the filing of its annual
  279  statement, the insurer must request approval that the person be
  280  deemed qualified and that request must be approved or denied.
  281  The request must include the National Association of Insurance
  282  Commissioners’ Biographical Form and a list of all loss reserve
  283  opinions issued in the last 3 years by this person.
  284         (d)(c) “Single risk” means the insured amount of a any
  285  title insurance policy, except that where two or more title
  286  insurance policies are issued simultaneously covering different
  287  estates in the same real property, “single risk” means the sum
  288  of the insured amounts of all such title insurance policies. A
  289  Any title insurance policy insuring a mortgage interest, a claim
  290  payment under which reduces the insured amount of a fee or
  291  leasehold title insurance policy, shall be excluded in computing
  292  the amount of a single risk to the extent that the insured
  293  amount of the mortgage title insurance policy does not exceed
  294  the insured amount of the fee or leasehold title insurance
  295  policy.
  296         Section 3. Subsection (5) of section 624.407, Florida
  297  Statutes, is amended to read:
  298         624.407 Surplus required; new insurers.—
  299         (5) For the purposes of this section, liabilities do not
  300  include liabilities required under s. 625.041(5) s. 625.041(4).
  301  For purposes of computing minimum surplus as to policyholders
  302  pursuant to s. 625.305(1), liabilities include liabilities
  303  required under s. 625.041(5) s. 625.041(4).
  304         Section 4. Subsection (2) of section 624.408, Florida
  305  Statutes, is amended to read:
  306         624.408 Surplus required; current insurers.—
  307         (2) For purposes of this section, liabilities do not
  308  include liabilities required under s. 625.041(5) s. 625.041(4).
  309  For purposes of computing minimum surplus as to policyholders
  310  pursuant to s. 625.305(1), liabilities include liabilities
  311  required under s. 625.041(5) s. 625.041(4).
  312         Section 5. Paragraph (a) of subsection (1) of section
  313  626.8412, Florida Statutes, is amended to read:
  314         626.8412 License and appointments required.—
  315         (1) Except as otherwise provided in this part:
  316         (a) Title insurance may be sold only by a licensed and
  317  appointed title insurance agent employed by a licensed and
  318  appointed title insurance agency or employed by a title insurer.
  319         Section 6. Effective October 1, 2014, section 626.8413,
  320  Florida Statutes, is amended to read:
  321         626.8413 Title insurance agents; certain names prohibited.
  322  After October 1, 2014 1985, a title insurance agent or title
  323  insurance agency may as defined in s. 626.841 shall not adopt a
  324  name that which contains the words “title insurance,” “title
  325  company,” “title guaranty,” or “title guarantee,” unless such
  326  words are followed by the word “agent” or “agency” in the same
  327  size and type as the words preceding it them. This section does
  328  not apply to a title insurer acting as an agent for another
  329  title insurer if both insurers hold active certificates of
  330  authority to transact title insurance business in this state and
  331  if both insurers are acting under the names designated on such
  332  certificates.
  333         Section 7. Section 626.8417, Florida Statutes, is amended
  334  to read:
  335         626.8417 Title insurance agent licensure; exemptions.—
  336         (1) A person may not act as a title insurance agent as
  337  defined in s. 626.841 until a valid title insurance agent’s
  338  license has been issued to that person by the department.
  339         (2) An application for license as a title insurance agent
  340  shall be filed with the department on printed forms furnished by
  341  the department.
  342         (3) The department may shall not grant or issue a license
  343  as a title insurance agent to an any individual who is found by
  344  the department it to be untrustworthy or incompetent, who does
  345  not meet the qualifications for examination specified in s.
  346  626.8414, or who does not meet the following qualifications:
  347         (a) Within the 4 years immediately preceding the date of
  348  the application for license, the applicant must have completed a
  349  40-hour classroom course in title insurance, 3 hours of which
  350  are shall be on the subject matter of ethics, as approved by the
  351  department, or must have had at least 12 months of experience in
  352  responsible title insurance duties under the supervision of a
  353  licensed title insurance agent, title insurer, or attorney while
  354  working in the title insurance business as a substantially full
  355  time, bona fide employee of a title insurance agency, title
  356  insurance agent, title insurer, or attorney who conducts real
  357  estate closing transactions and issues title insurance policies
  358  but who is exempt from licensure under subsection (4) pursuant
  359  to paragraph (4)(a). If an applicant’s qualifications are based
  360  upon the periods of employment at responsible title insurance
  361  duties, the applicant must submit, with the license application
  362  for license on a form prescribed by the department, an the
  363  affidavit of the applicant and of the employer affirming setting
  364  forth the period of such employment, that the employment was
  365  substantially full time, and giving a brief abstract of the
  366  nature of the duties performed by the applicant.
  367         (b) The applicant must have passed any examination for
  368  licensure required under s. 626.221.
  369         (4)(a) Title insurers or attorneys duly admitted to
  370  practice law in this state and in good standing with The Florida
  371  Bar are exempt from the provisions of this chapter relating with
  372  regard to title insurance licensing and appointment
  373  requirements.
  374         (5)(b) An insurer may designate a corporate officer of the
  375  insurer to occasionally issue and countersign binders,
  376  commitments, and policies of title insurance policies, or
  377  guarantees of title. The A designated officer is exempt from the
  378  provisions of this chapter relating with regard to title
  379  insurance licensing and appointment requirements while the
  380  officer is acting within the scope of the designation.
  381         (6)(c) If an attorney owns or attorneys own a corporation
  382  or other legal entity that which is doing business as a title
  383  insurance agency, other than an entity engaged in the active
  384  practice of law, the agency must be licensed and appointed as a
  385  title insurance agent.
  386         Section 8. Section 626.8418, Florida Statutes, is amended
  387  to read:
  388         626.8418 Application for title insurance agency license.
  389  Before Prior to doing business in this state as a title
  390  insurance agency, a title insurance agency must meet all of the
  391  following requirements:
  392         (1) the applicant must file with the department an
  393  application for a license as a title insurance agency, on
  394  printed forms furnished by the department, which that includes
  395  all of the following:
  396         (1)(a) The name of each majority owner, partner, officer,
  397  and director of the title insurance agency.
  398         (2)(b) The residence address of each person required to be
  399  listed under subsection (1) paragraph (a).
  400         (3)(c) The name of the title insurance agency and its
  401  principal business address.
  402         (4)(d) The location of each title insurance agency office
  403  and the name under which each agency office conducts or will
  404  conduct business.
  405         (5)(e) The name of each title insurance agent to be in
  406  full-time charge of a title insurance an agency office and
  407  specification of which office.
  408         (6)(f) Such additional information as the department
  409  requires by rule to ascertain the trustworthiness and competence
  410  of persons required to be listed on the application and to
  411  ascertain that such persons meet the requirements of this code.
  412         (2) The applicant must have deposited with the department
  413  securities of the type eligible for deposit under s. 625.52 and
  414  having at all times a market value of not less than $35,000. In
  415  place of such deposit, the title insurance agency may post a
  416  surety bond of like amount payable to the department for the
  417  benefit of any appointing insurer damaged by a violation by the
  418  title insurance agency of its contract with the appointing
  419  insurer. If a properly documented claim is timely filed with the
  420  department by a damaged title insurer, the department may remit
  421  an appropriate amount of the deposit or the proceeds that are
  422  received from the surety in payment of the claim. The required
  423  deposit or bond must be made by the title insurance agency, and
  424  a title insurer may not provide the deposit or bond directly or
  425  indirectly on behalf of the title insurance agency. The deposit
  426  or bond must secure the performance by the title insurance
  427  agency of its duties and responsibilities under the issuing
  428  agency contracts with each title insurer for which it is
  429  appointed. The agency may exchange or substitute other
  430  securities of like quality and value for securities on deposit,
  431  may receive the interest and other income accruing on such
  432  securities, and may inspect the deposit at all reasonable times.
  433  Such deposit or bond must remain unimpaired as long as the title
  434  insurance agency continues in business in this state and until 1
  435  year after termination of all title insurance agency
  436  appointments held by the title insurance agency. The title
  437  insurance agency is entitled to the return of the deposit or
  438  bond together with accrued interest after such year has passed,
  439  if no claim has been made against the deposit or bond. If a
  440  surety bond is unavailable generally, the department may adopt
  441  rules for alternative methods to comply with this subsection.
  442  With respect to such alternative methods for compliance, the
  443  department must be guided by the past business performance and
  444  good reputation and character of the proposed title insurance
  445  agency. A surety bond is deemed to be unavailable generally if
  446  the prevailing annual premium exceeds 25 percent of the
  447  principal amount of the bond.
  448         Section 9. Paragraphs (a) through (c) of subsection (1) of
  449  section 626.8419, Florida Statutes, are amended to read:
  450         626.8419 Appointment of title insurance agency.—
  451         (1) The title insurer engaging or employing the title
  452  insurance agency must file with the department, on forms
  453  furnished by the department, an application certifying that the
  454  proposed title insurance agency meets all of the following
  455  requirements:
  456         (a) The title insurance agency has must have obtained a
  457  fidelity bond in an amount of at least, not less than $50,000,
  458  acceptable to the insurer appointing the agency. If a fidelity
  459  bond is unavailable generally, the department shall must adopt
  460  rules for alternative methods to comply with this paragraph.
  461         (b) The title insurance agency must have obtained errors
  462  and omissions insurance in an amount acceptable to the insurer
  463  appointing the agency. The amount of the coverage must be at
  464  least may not be less than $250,000 per claim and an aggregate
  465  limit with a deductible no greater than $10,000. If errors and
  466  omissions insurance is unavailable generally, the department
  467  shall must adopt rules for alternative methods that to comply
  468  with this paragraph.
  469         (c) Notwithstanding s. 626.8418(2), The title insurance
  470  agency must have obtained a surety bond in an amount of at least
  471  not less than $35,000 made payable to the title insurer or title
  472  insurers appointing the agency. The surety bond must be for the
  473  benefit of any appointing title insurer damaged by a violation
  474  by the title insurance agency of its contract with the
  475  appointing title insurer. If the surety bond is payable to
  476  multiple title insurers, the surety bond must provide that each
  477  title insurer is to be notified if in the event a claim is made
  478  upon the surety bond or the bond is terminated.
  479         Section 10. Subsections (3) and (4) of section 626.8437,
  480  Florida Statutes, are amended to read:
  481         626.8437 Grounds for denial, suspension, revocation, or
  482  refusal to renew license or appointment.—The department shall
  483  deny, suspend, revoke, or refuse to renew or continue the
  484  license or appointment of any title insurance agent or agency,
  485  and it shall suspend or revoke the eligibility to hold a license
  486  or appointment of such person, if it finds that as to the
  487  applicant, licensee, appointee, or any principal thereof, any
  488  one or more of the following grounds exist:
  489         (3) Willful misrepresentation of any title insurance
  490  policy, guarantee of title, binder, or commitment, or willful
  491  deception with regard to any such policy, guarantee, binder, or
  492  commitment, done either in person or by any form of
  493  dissemination of information or advertising.
  494         (4) Demonstrated lack of fitness or trustworthiness to
  495  represent a title insurer in the issuance of its commitments or,
  496  binders, policies of title insurance, or guarantees of title.
  497         Section 11. Subsection (3) is added to section 627.778,
  498  Florida Statutes, to read:
  499         627.778 Limit of risk.—
  500         (3) Only contract remedies are available for the breach of
  501  a duty which arises solely from the terms of a contract of title
  502  insurance or an instrument issued pursuant to s. 627.786(3).
  503         Section 12. Subsection (8) of section 627.782, Florida
  504  Statutes, is amended to read:
  505         627.782 Adoption of rates.—
  506         (8) Each title insurance agency and insurer licensed to do
  507  business in this state and each insurer’s direct or retail
  508  business in this state shall maintain and submit information,
  509  including revenue, loss, and expense data, as the office
  510  determines necessary to assist in the analysis of title
  511  insurance premium rates, title search costs, and the condition
  512  of the title insurance industry in this state. Such This
  513  information shall must be transmitted to the office annually by
  514  May March 31 of the year after the reporting year. The
  515  commission shall adopt rules relating to regarding the
  516  collection and analysis of the data from the title insurance
  517  industry.
  518         Section 13. Subsection (2) of section 627.7845, Florida
  519  Statutes, is amended to read:
  520         627.7845 Determination of insurability required;
  521  preservation of evidence of title search and examination.—
  522         (2) The title insurer shall cause the evidence of the
  523  determination of insurability and the reasonable title search or
  524  search of the records of a Uniform Commercial Code filing office
  525  to be preserved and retained in its files or in the files of its
  526  title insurance agent or agency for at least a period of not
  527  less than 7 years after the title insurance commitment or, title
  528  insurance policy, or guarantee of title was issued. The title
  529  insurer or its agent or agency must produce the evidence
  530  required to be maintained under by this subsection at its
  531  offices upon the demand of the office. Instead of retaining the
  532  original evidence, the title insurer or its the title insurance
  533  agent or agency may, in the regular course of business,
  534  establish a system under which all or part of the evidence is
  535  recorded, copied, or reproduced by any photographic,
  536  photostatic, microfilm, microcard, miniature photographic, or
  537  other process that which accurately reproduces or forms a
  538  durable medium for reproducing the original.
  539         Section 14. Except as otherwise expressly provided in this
  540  act, this act shall take effect July 1, 2014.