Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7062
       
       
        
       FOR CONSIDERATION By the Committee on Banking and Insurance
       
       
       
       
       
       597-01698E-14                                         20147062__
    1                        A bill to be entitled                      
    2         An act relating to Citizens Property Insurance
    3         Corporation coverage; amending s. 626.854, F.S.;
    4         revising the applicability of the limitations on
    5         public adjuster charges for claims based on events
    6         that are the subject of a declaration of a state of
    7         emergency; prohibiting a public adjuster, a public
    8         adjuster apprentice, or a person acting on his or her
    9         behalf from entering into a contract or accepting a
   10         power of attorney that allows the public adjuster, the
   11         public adjuster apprentice, or a person acting on his
   12         or her behalf to choose the persons or entities that
   13         will perform repair work; conforming a cross
   14         reference; amending s. 627.351, F.S.; deleting
   15         reference to the Residential Property and Casualty
   16         Joint Underwriting Association with respect to issuing
   17         certain residential or commercial policies; requiring
   18         the corporation to cease offering new commercial
   19         residential policies providing multiperil coverage
   20         after a certain date and providing that the
   21         corporation continue offering commercial residential
   22         wind-only policies; authorizing the corporation to
   23         offer commercial residential policies excluding wind;
   24         providing exceptions; specifying the amount of the
   25         surcharge to be assessed against personal lines,
   26         commercial lines, and coastal accounts to cover a
   27         projected deficit; revising the date for submitting
   28         the annual loss ratio report for residential coverage;
   29         deleting obsolete provisions; revising the annual rate
   30         increase implemented by the corporation; amending s.
   31         627.3518, F.S.; defining the term “surplus lines
   32         insurer”; requiring the corporation to implement
   33         procedures for diverting ineligible applicants and
   34         existing policyholders for commercial residential
   35         coverage from the corporation by a certain date;
   36         deleting the requirement that the corporation report
   37         such procedures to the Legislature; authorizing
   38         eligible surplus lines insurers to participate in the
   39         corporation’s clearinghouse program and providing
   40         criteria for such eligibility; conforming cross
   41         references; providing that certain applicants who
   42         accept an offer from a surplus lines insurer are
   43         considered a renewal; repealing s. 627.3519, F.S.,
   44         relating to an annual report requirement relating to
   45         aggregate net probable maximum losses; amending s.
   46         627.35191, F.S.; requiring the corporation to annually
   47         provide certain estimates for the next 12-month period
   48         to the Legislature and the Financial Services
   49         Commission; amending s. 627.701, F.S.; increasing the
   50         amount of the deductible that an insurer must offer
   51         for residential property insurance; providing
   52         effective dates.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Present subsection (18) of section 626.854,
   57  Florida Statutes, is redesignated as subsection (19), paragraph
   58  (b) of subsection (11) and present subsection (18) of that
   59  section are amended, and a new subsection (18) is added to that
   60  section, to read:
   61         626.854 “Public adjuster” defined; prohibitions.—The
   62  Legislature finds that it is necessary for the protection of the
   63  public to regulate public insurance adjusters and to prevent the
   64  unauthorized practice of law.
   65         (11)
   66         (b) A public adjuster may not charge, agree to, or accept
   67  from any source compensation, payment, commission, fee, or any
   68  other thing of value in excess of:
   69         1. Ten percent of the amount of insurance claim payments
   70  made by the insurer for claims based on events that are the
   71  subject of a declaration of a state of emergency by the
   72  Governor. This provision applies to claims made during the year
   73  after the declaration of emergency. After that year, the
   74  limitations in subparagraph 2. apply.
   75         2. Twenty percent of the amount of insurance claim payments
   76  made by the insurer for claims that are not based on events that
   77  are the subject of a declaration of a state of emergency by the
   78  Governor.
   79         (18) A public adjuster, a public adjuster apprentice, or
   80  any person acting on behalf of a public adjuster or apprentice
   81  may not enter into a contract or accept a power of attorney that
   82  vests in the public adjuster, the public adjuster apprentice, or
   83  the person acting on behalf of a public adjuster or apprentice
   84  the effective authority to choose the persons or entities that
   85  will perform repair work.
   86         (19)(18)The provisions of Subsections (5)-(18) (5)-(17)
   87  apply only to residential property insurance policies and
   88  condominium unit owner policies as described defined in s.
   89  718.111(11).
   90         Section 2. Paragraphs (b) and (hh) of subsection (6) of
   91  section 627.351, Florida Statutes, are amended to read:
   92         627.351 Insurance risk apportionment plans.—
   93         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   94         (b)1. All insurers authorized to write one or more subject
   95  lines of business in this state are subject to assessment by the
   96  corporation and, for the purposes of this subsection, are
   97  referred to collectively as “assessable insurers.” Insurers
   98  writing one or more subject lines of business in this state
   99  pursuant to part VIII of chapter 626 are not assessable
  100  insurers; however, but insureds who procure one or more subject
  101  lines of business in this state pursuant to part VIII of chapter
  102  626 are subject to assessment by the corporation and are
  103  referred to collectively as “assessable insureds.” An insurer’s
  104  assessment liability begins on the first day of the calendar
  105  year following the year in which the insurer was issued a
  106  certificate of authority to transact insurance for subject lines
  107  of business in this state and terminates 1 year after the end of
  108  the first calendar year during which the insurer no longer holds
  109  a certificate of authority to transact insurance for subject
  110  lines of business in this state.
  111         2.a. All revenues, assets, liabilities, losses, and
  112  expenses of the corporation shall be divided into three separate
  113  accounts as follows:
  114         (I) A personal lines account for personal residential
  115  policies issued by the corporation, or issued by the Residential
  116  Property and Casualty Joint Underwriting Association and renewed
  117  by the corporation, which provides comprehensive, multiperil
  118  coverage on risks that are not located in areas eligible for
  119  coverage by the Florida Windstorm Underwriting Association as
  120  those areas were defined on January 1, 2002, and for policies
  121  that do not provide coverage for the peril of wind on risks that
  122  are located in such areas;
  123         (II) A commercial lines account for commercial residential
  124  and commercial nonresidential policies issued by the
  125  corporation, or issued by the Residential Property and Casualty
  126  Joint Underwriting Association and renewed by the corporation,
  127  which provides coverage for basic property perils on risks that
  128  are not located in areas eligible for coverage by the Florida
  129  Windstorm Underwriting Association as those areas were defined
  130  on January 1, 2002, and for policies that do not provide
  131  coverage for the peril of wind on risks that are located in such
  132  areas; and
  133         (III) A coastal account for personal residential policies
  134  and commercial residential and commercial nonresidential
  135  property policies issued by the corporation, or transferred to
  136  the corporation, which provides coverage for the peril of wind
  137  on risks that are located in areas eligible for coverage by the
  138  Florida Windstorm Underwriting Association as those areas were
  139  defined on January 1, 2002. The corporation may offer policies
  140  that provide multiperil coverage and the corporation shall
  141  continue to offer policies that provide coverage only for the
  142  peril of wind for risks located in areas eligible for coverage
  143  in the coastal account. Effective July 1, 2014, the corporation
  144  shall cease offering new commercial residential policies
  145  providing multiperil coverage and shall instead continue to
  146  offer commercial residential wind-only policies, and may offer
  147  commercial residential policies excluding wind. The corporation
  148  may, however, continue to renew a commercial residential
  149  multiperil policy on a building that is insured by the
  150  corporation on June 30, 2014, under a multiperil policy. In
  151  issuing multiperil coverage, the corporation may use its
  152  approved policy forms and rates for the personal lines account.
  153  An applicant or insured who is eligible to purchase a multiperil
  154  policy from the corporation may purchase a multiperil policy
  155  from an authorized insurer without prejudice to the applicant’s
  156  or insured’s eligibility to prospectively purchase a policy that
  157  provides coverage only for the peril of wind from the
  158  corporation. An applicant or insured who is eligible for a
  159  corporation policy that provides coverage only for the peril of
  160  wind may elect to purchase or retain such policy and also
  161  purchase or retain coverage excluding wind from an authorized
  162  insurer without prejudice to the applicant’s or insured’s
  163  eligibility to prospectively purchase a policy that provides
  164  multiperil coverage from the corporation. It is the goal of the
  165  Legislature that there be an overall average savings of 10
  166  percent or more for a policyholder who currently has a wind-only
  167  policy with the corporation, and an ex-wind policy with a
  168  voluntary insurer or the corporation, and who obtains a
  169  multiperil policy from the corporation. It is the intent of the
  170  Legislature that the offer of multiperil coverage in the coastal
  171  account be made and implemented in a manner that does not
  172  adversely affect the tax-exempt status of the corporation or
  173  creditworthiness of or security for currently outstanding
  174  financing obligations or credit facilities of the coastal
  175  account, the personal lines account, or the commercial lines
  176  account. The coastal account must also include quota share
  177  primary insurance under subparagraph (c)2. The area eligible for
  178  coverage under the coastal account also includes the area within
  179  Port Canaveral, which is bordered on the south by the City of
  180  Cape Canaveral, bordered on the west by the Banana River, and
  181  bordered on the north by Federal Government property.
  182         b. The three separate accounts must be maintained as long
  183  as financing obligations entered into by the Florida Windstorm
  184  Underwriting Association or Residential Property and Casualty
  185  Joint Underwriting Association are outstanding, in accordance
  186  with the terms of the corresponding financing documents. If the
  187  financing obligations are no longer outstanding, the corporation
  188  may use a single account for all revenues, assets, liabilities,
  189  losses, and expenses of the corporation. Consistent with this
  190  subparagraph and prudent investment policies that minimize the
  191  cost of carrying debt, the board shall exercise its best efforts
  192  to retire existing debt or obtain the approval of necessary
  193  parties to amend the terms of existing debt, so as to structure
  194  the most efficient plan for consolidating to consolidate the
  195  three separate accounts into a single account.
  196         c. Creditors of the Residential Property and Casualty Joint
  197  Underwriting Association and the accounts specified in sub-sub
  198  subparagraphs a.(I) and (II) may have a claim against, and
  199  recourse to, those accounts and no claim against, or recourse
  200  to, the account referred to in sub-sub-subparagraph a.(III).
  201  Creditors of the Florida Windstorm Underwriting Association have
  202  a claim against, and recourse to, the account referred to in
  203  sub-sub-subparagraph a.(III) and no claim against, or recourse
  204  to, the accounts referred to in sub-sub-subparagraphs a.(I) and
  205  (II).
  206         d. Revenues, assets, liabilities, losses, and expenses not
  207  attributable to particular accounts shall be prorated among the
  208  accounts.
  209         e. The Legislature finds that the revenues of the
  210  corporation are revenues that are necessary to meet the
  211  requirements set forth in documents authorizing the issuance of
  212  bonds under this subsection.
  213         f. The income of the corporation may not inure to the
  214  benefit of any private person.
  215         3. With respect to a deficit in an account:
  216         a. After accounting for the Citizens policyholder surcharge
  217  imposed under sub-subparagraph i., if the remaining projected
  218  deficit incurred in the coastal account in a particular calendar
  219  year:
  220         (I) Is not greater than 2 percent of the aggregate
  221  statewide direct written premium for the subject lines of
  222  business for the prior calendar year, the entire deficit shall
  223  be recovered through regular assessments of assessable insurers
  224  under paragraph (q) and assessable insureds.
  225         (II) Exceeds 2 percent of the aggregate statewide direct
  226  written premium for the subject lines of business for the prior
  227  calendar year, the corporation shall levy regular assessments on
  228  assessable insurers under paragraph (q) and on assessable
  229  insureds in an amount equal to the greater of 2 percent of the
  230  projected deficit or 2 percent of the aggregate statewide direct
  231  written premium for the subject lines of business for the prior
  232  calendar year. Any remaining projected deficit shall be
  233  recovered through emergency assessments under sub-subparagraph
  234  d.
  235         b. Each assessable insurer’s share of the amount being
  236  assessed under sub-subparagraph a. must be in the proportion
  237  that the assessable insurer’s direct written premium for the
  238  subject lines of business for the year preceding the assessment
  239  bears to the aggregate statewide direct written premium for the
  240  subject lines of business for that year. The assessment
  241  percentage applicable to each assessable insured is the ratio of
  242  the amount being assessed under sub-subparagraph a. to the
  243  aggregate statewide direct written premium for the subject lines
  244  of business for the prior year. Assessments levied by the
  245  corporation on assessable insurers under sub-subparagraph a.
  246  must be paid as required by the corporation’s plan of operation
  247  and paragraph (q). Assessments levied by the corporation on
  248  assessable insureds under sub-subparagraph a. shall be collected
  249  by the surplus lines agent at the time the surplus lines agent
  250  collects the surplus lines tax required by s. 626.932, and paid
  251  to the Florida Surplus Lines Service Office at the time the
  252  surplus lines agent pays the surplus lines tax to that office.
  253  Upon receipt of regular assessments from surplus lines agents,
  254  the Florida Surplus Lines Service Office shall transfer the
  255  assessments directly to the corporation as determined by the
  256  corporation.
  257         c. After accounting for the Citizens policyholder surcharge
  258  imposed under sub-subparagraph i., the remaining projected
  259  deficits in the personal lines account and in the commercial
  260  lines account in a particular calendar year shall be recovered
  261  through emergency assessments under sub-subparagraph d.
  262         d. Upon a determination by the board of governors that a
  263  projected deficit in an account exceeds the amount that is
  264  expected to be recovered through regular assessments under sub
  265  subparagraph a., plus the amount that is expected to be
  266  recovered through surcharges under sub-subparagraph i., the
  267  board, after verification by the office, shall levy emergency
  268  assessments for as many years as necessary to cover the
  269  deficits, to be collected by assessable insurers and the
  270  corporation and collected from assessable insureds upon issuance
  271  or renewal of policies for subject lines of business, excluding
  272  National Flood Insurance policies. The amount collected in a
  273  particular year must be a uniform percentage of that year’s
  274  direct written premium for subject lines of business and all
  275  accounts of the corporation, excluding National Flood Insurance
  276  Program policy premiums, as annually determined by the board and
  277  verified by the office. The office shall verify the arithmetic
  278  calculations involved in the board’s determination within 30
  279  days after receipt of the information on which the determination
  280  was based. The office shall notify assessable insurers and the
  281  Florida Surplus Lines Service Office of the date on which
  282  assessable insurers shall begin to collect and assessable
  283  insureds shall begin to pay such assessment. The date must be at
  284  least may be not less than 90 days after the date the
  285  corporation levies emergency assessments pursuant to this sub
  286  subparagraph. Notwithstanding any other provision of law, the
  287  corporation and each assessable insurer that writes subject
  288  lines of business shall collect emergency assessments from its
  289  policyholders without such obligation being affected by any
  290  credit, limitation, exemption, or deferment. Emergency
  291  assessments levied by the corporation on assessable insureds
  292  shall be collected by the surplus lines agent at the time the
  293  surplus lines agent collects the surplus lines tax required by
  294  s. 626.932 and paid to the Florida Surplus Lines Service Office
  295  at the time the surplus lines agent pays the surplus lines tax
  296  to that office. The emergency assessments collected shall be
  297  transferred directly to the corporation on a periodic basis as
  298  determined by the corporation and held by the corporation solely
  299  in the applicable account. The aggregate amount of emergency
  300  assessments levied for an account under this sub-subparagraph in
  301  any calendar year may be less than but may not exceed the
  302  greater of 10 percent of the amount needed to cover the deficit,
  303  plus interest, fees, commissions, required reserves, and other
  304  costs associated with financing the original deficit, or 10
  305  percent of the aggregate statewide direct written premium for
  306  subject lines of business and all accounts of the corporation
  307  for the prior year, plus interest, fees, commissions, required
  308  reserves, and other costs associated with financing the deficit.
  309         e. The corporation may pledge the proceeds of assessments,
  310  projected recoveries from the Florida Hurricane Catastrophe
  311  Fund, other insurance and reinsurance recoverables, policyholder
  312  surcharges and other surcharges, and other funds available to
  313  the corporation as the source of revenue for and to secure bonds
  314  issued under paragraph (q), bonds or other indebtedness issued
  315  under subparagraph (c)3., or lines of credit or other financing
  316  mechanisms issued or created under this subsection, or to retire
  317  any other debt incurred as a result of deficits or events giving
  318  rise to deficits, or in any other way that the board determines
  319  will efficiently recover such deficits. The purpose of the lines
  320  of credit or other financing mechanisms is to provide additional
  321  resources to assist the corporation in covering claims and
  322  expenses attributable to a catastrophe. As used in this
  323  subsection, the term “assessments” includes regular assessments
  324  under sub-subparagraph a. or subparagraph (q)1. and emergency
  325  assessments under sub-subparagraph d. Emergency assessments
  326  collected under sub-subparagraph d. are not part of an insurer’s
  327  rates, are not premium, and are not subject to premium tax,
  328  fees, or commissions; however, failure to pay the emergency
  329  assessment shall be treated as failure to pay premium. The
  330  emergency assessments under sub-subparagraph d. shall continue
  331  as long as any bonds issued or other indebtedness incurred with
  332  respect to a deficit for which the assessment was imposed remain
  333  outstanding, unless adequate provision has been made for the
  334  payment of such bonds or other indebtedness pursuant to the
  335  documents governing such bonds or indebtedness.
  336         f. As used in this subsection for purposes of any deficit
  337  incurred on or after January 25, 2007, the term “subject lines
  338  of business” means insurance written by assessable insurers or
  339  procured by assessable insureds for all property and casualty
  340  lines of business in this state, but not including workers’
  341  compensation or medical malpractice. As used in this sub
  342  subparagraph, the term “property and casualty lines of business”
  343  includes all lines of business identified on Form 2, Exhibit of
  344  Premiums and Losses, in the annual statement required of
  345  authorized insurers under s. 624.424 and any rule adopted under
  346  this section, except for those lines identified as accident and
  347  health insurance and except for policies written under the
  348  National Flood Insurance Program or the Federal Crop Insurance
  349  Program. For purposes of this sub-subparagraph, the term
  350  “workers’ compensation” includes both workers’ compensation
  351  insurance and excess workers’ compensation insurance.
  352         g. The Florida Surplus Lines Service Office shall determine
  353  annually the aggregate statewide written premium in subject
  354  lines of business procured by assessable insureds and report
  355  that information to the corporation in a form and at a time the
  356  corporation specifies to ensure that the corporation can meet
  357  the requirements of this subsection and the corporation’s
  358  financing obligations.
  359         h. The Florida Surplus Lines Service Office shall verify
  360  the proper application by surplus lines agents of assessment
  361  percentages for regular assessments and emergency assessments
  362  levied under this subparagraph on assessable insureds and assist
  363  the corporation in ensuring the accurate, timely collection and
  364  payment of assessments by surplus lines agents as required by
  365  the corporation.
  366         i. In 2008 or thereafter, Upon a determination by the board
  367  of governors that an account has a projected deficit, the board
  368  shall levy a Citizens policyholder surcharge against all
  369  policyholders of the corporation.
  370         (I) The surcharge shall be levied as a uniform percentage
  371  of the premium for all corporation policyholders for the policy
  372  of up to 10 percent of the policy premium for deficits in the
  373  personal lines account, up to 15 percent of the policy such
  374  premium for deficits in the commercial lines account, and up to
  375  20 percent of the policy premium for deficits in the coastal
  376  account, which funds shall be used to offset the deficit.
  377         (II) The surcharge is payable upon cancellation or
  378  termination of the policy, upon renewal of the policy, or upon
  379  issuance of a new policy by the corporation within the first 12
  380  months after the date of the levy or the period of time
  381  necessary to fully collect the surcharge amount.
  382         (III) The corporation may not levy any regular assessments
  383  under paragraph (q) pursuant to sub-subparagraph a. or sub
  384  subparagraph b. with respect to a particular year’s deficit
  385  until the corporation has first levied the full amount of the
  386  surcharge authorized by this sub-subparagraph.
  387         (IV) The surcharge is not considered premium and is not
  388  subject to commissions, fees, or premium taxes. However, failure
  389  to pay the surcharge shall be treated as failure to pay premium.
  390         j. If the amount of any assessments or surcharges collected
  391  from corporation policyholders, assessable insurers or their
  392  policyholders, or assessable insureds exceeds the amount of the
  393  deficits, such excess amounts shall be remitted to and retained
  394  by the corporation in a reserve to be used by the corporation,
  395  as determined by the board of governors and approved by the
  396  office, to pay claims or reduce any past, present, or future
  397  plan-year deficits or to reduce outstanding debt.
  398         (hh) The corporation shall must prepare a report for each
  399  calendar year outlining both the statewide average and county
  400  specific details of the loss ratio attributable to losses that
  401  are not catastrophic losses for residential coverage provided by
  402  the corporation, which information must be presented to the
  403  office and available for public inspection on the Internet
  404  website of the corporation by March 1 January 15th of the
  405  following calendar year.
  406         Section 3. Effective January 1, 2015, paragraph (n) of
  407  subsection (6) of section 627.351, Florida Statutes, is amended
  408  to read:
  409         627.351 Insurance risk apportionment plans.—
  410         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  411         (n)1. Rates for coverage provided by the corporation must
  412  be actuarially sound and subject to s. 627.062, except as
  413  otherwise provided in this paragraph.
  414         1. The corporation shall file its recommended rates for
  415  each personal and commercial line of business it writes with the
  416  office at least annually. The corporation shall provide any
  417  additional information regarding the rates which the office
  418  requires. The office shall consider the recommendations of the
  419  board and issue a final order establishing the rates for the
  420  corporation within 45 days after the recommended rates are
  421  filed. The corporation may not pursue an administrative
  422  challenge or judicial review of the final order of the office.
  423         2. In addition to the rates otherwise determined pursuant
  424  to this paragraph, the corporation shall impose and collect an
  425  amount equal to the premium tax provided in s. 624.509 to
  426  augment the financial resources of the corporation.
  427         3. After the public hurricane loss-projection model under
  428  s. 627.06281 has been found to be accurate and reliable by the
  429  Florida Commission on Hurricane Loss Projection Methodology, the
  430  model shall serve as the minimum benchmark for determining the
  431  windstorm portion of the corporation’s rates. This subparagraph
  432  does not require or allow the corporation to adopt rates lower
  433  than the rates otherwise required or allowed by this paragraph.
  434         4. The rate filings for the corporation which were approved
  435  by the office and took effect January 1, 2007, are rescinded,
  436  except for those rates that were lowered. As soon as possible,
  437  the corporation shall begin using the lower rates that were in
  438  effect on December 31, 2006, and provide refunds to
  439  policyholders who paid higher rates as a result of that rate
  440  filing. The rates in effect on December 31, 2006, remain in
  441  effect for the 2007 and 2008 calendar years except for any rate
  442  change that results in a lower rate. The next rate change that
  443  may increase rates shall take effect pursuant to a new rate
  444  filing recommended by the corporation and established by the
  445  office, subject to this paragraph.
  446         4.5.Beginning on July 15, 2009, and annually thereafter,
  447  The corporation shall must make a recommended actuarially sound
  448  rate filing for each personal and commercial line of business it
  449  writes, to be effective no earlier than January 1, 2010.
  450         5.6. Beginning on or after January 1, 2015 2010, and
  451  notwithstanding the board’s recommended rates and the office’s
  452  final order regarding the corporation’s filed rates under
  453  subparagraph 1., the corporation shall annually implement a rate
  454  increase that which, except for sinkhole coverage:
  455         a. For personal residential and commercial residential
  456  policies, does not exceed 10 percent for any single policy
  457  issued by the corporation, excluding coverage changes and
  458  surcharges.
  459         b. For commercial nonresidential policies, does not exceed
  460  15 percent for any single policy issued by the corporation,
  461  excluding coverage changes and surcharges.
  462         6.7. The corporation may also implement an increase to
  463  reflect the effect on the corporation of the cash buildup factor
  464  pursuant to s. 215.555(5)(b).
  465         7.8. The corporation’s implementation of rates as
  466  prescribed in subparagraph 5. 6. shall cease for any line of
  467  business written by the corporation upon the corporation’s
  468  implementation of actuarially sound rates. Thereafter, the
  469  corporation shall annually make a recommended actuarially sound
  470  rate filing for each commercial and personal line of business
  471  the corporation writes.
  472         Section 4. Paragraph (e) is added to subsection (1) of
  473  section 627.3518, Florida Statutes, subsection (2) and paragraph
  474  (e) of subsection (4) of that section are amended, present
  475  subsections (5) through (10) of that section are redesignated as
  476  subsections (6) through (11), respectively, present subsection
  477  (11) is redesignated as subsection (13), new subsections (5) and
  478  (12) are added to that section, and present subsections (5)
  479  through (7) of that section are amended, to read:
  480         627.3518 Citizens Property Insurance Corporation
  481  policyholder eligibility clearinghouse program.—The purpose of
  482  this section is to provide a framework for the corporation to
  483  implement a clearinghouse program by January 1, 2014.
  484         (1) As used in this section, the term:
  485         (e) “Surplus lines insurer” means an unauthorized insurer
  486  that has been made eligible by the office to issue coverage
  487  under the Surplus Lines Law.
  488         (2) In order to confirm eligibility with the corporation
  489  and to enhance the access of new applicants for coverage and
  490  existing policyholders of the corporation to offers of coverage
  491  from authorized insurers and surplus lines insurers, the
  492  corporation shall establish a program for personal residential
  493  risks in order to facilitate the diversion of ineligible
  494  applicants and existing policyholders from the corporation into
  495  the voluntary insurance market. The corporation shall also
  496  develop appropriate procedures for facilitating the diversion of
  497  ineligible applicants and existing policyholders for commercial
  498  residential coverage into the private insurance market and
  499  implement these procedures by October 1, 2015 shall report such
  500  procedures to the President of the Senate and the Speaker of the
  501  House of Representatives by January 1, 2014.
  502         (4) Any authorized insurer may participate in the program;
  503  however, participation is not mandatory for any insurer.
  504  Insurers making offers of coverage to new applicants or renewal
  505  policyholders through the program:
  506         (e) May participate through their single-designated
  507  managing general agent or broker; however, the provisions of
  508  paragraph (7)(a) (6)(a) regarding ownership, control, and use of
  509  the expirations continue to apply.
  510         (5) Effective January 1, 2015, an eligible surplus lines
  511  insurer may make an offer of similar coverage on a risk
  512  submitted though the clearinghouse program if no offers of
  513  coverage were submitted by authorized insurers participating in
  514  the program and the office determines that the eligible surplus
  515  lines insurer:
  516         (a) Maintains a surplus of $50 million on a company or
  517  pooled basis;
  518         (b) Is rated “A-” or higher by A.M. Best Company;
  519         (c) Maintains reserves, surplus, reinsurance, and
  520  reinsurance equivalents to cover the eligible surplus lines
  521  insurer’s 100-year probable maximum hurricane loss at least
  522  twice in a single hurricane season, and submits such reinsurance
  523  to the office for review for purposes of participation in the
  524  program; and
  525         (d) Provides prominent notice to the policyholder:
  526         1. That an offer of coverage from a surplus lines insurer
  527  does not affect whether the policyholder is eligible for
  528  coverage from the corporation;
  529         2. That a policyholder who accepts an offer of coverage
  530  from a surplus lines insurer may, at any time, submit a new
  531  application for coverage to the corporation;
  532         3. That surplus lines policies are not covered by the
  533  Florida Insurance Guaranty Association;
  534         4. That rates for surplus lines insurance are not subject
  535  to review by the office; and
  536         5. Of any additional information required by the office.
  537         (6)(5) Notwithstanding s. 627.3517, an any applicant for
  538  new coverage from the corporation is not eligible for coverage
  539  from the corporation if provided an offer of coverage from an
  540  authorized insurer through the program at a premium that is at
  541  or below the eligibility threshold established in s.
  542  627.351(6)(c)5.a. or b. Whenever an offer of coverage for a
  543  personal lines or commercial lines residential risk is received
  544  for a policyholder of the corporation at renewal from an
  545  authorized insurer through the program, if the offer is equal to
  546  or less than the corporation’s renewal premium for comparable
  547  coverage, the risk is not eligible for coverage with the
  548  corporation. If In the event an offer of coverage for a new
  549  applicant is received from an authorized insurer through the
  550  program, and the premium offered exceeds the eligibility
  551  threshold contained in s. 627.351(6)(c)5.a. or b., the applicant
  552  or insured may elect to accept such coverage, or may elect to
  553  accept or continue coverage with the corporation. If In the
  554  event an offer of coverage for a personal lines or commercial
  555  lines residential risk is received from an authorized insurer at
  556  renewal through the program, and if the premium offered is more
  557  than the corporation’s renewal premium for comparable coverage,
  558  the insured may elect to accept such coverage, or may elect to
  559  accept or continue coverage with the corporation. Section
  560  627.351(6)(c)5.a.(I) or b.(I) does not apply to an offer of
  561  coverage from an authorized insurer obtained through the
  562  program. An applicant for personal lines residential coverage
  563  from the corporation who was declared ineligible for coverage at
  564  renewal by the corporation in the previous 36 months due to an
  565  offer of coverage pursuant to this subsection is shall be
  566  considered a renewal under this section if the corporation
  567  determines that the authorized insurer making the offer of
  568  coverage pursuant to this subsection continues to insure the
  569  applicant and increased the rate on the policy in excess of the
  570  increase allowed for the corporation under s. 627.351(6)(n)5
  571  627.351(6)(n)6.
  572         (7)(6) Independent insurance agents submitting new
  573  applications for coverage or that are the agent of record on a
  574  renewal policy submitted to the program:
  575         (a) Are granted and must maintain ownership and the
  576  exclusive use of expirations, records, or other written or
  577  electronic information directly related to such applications or
  578  renewals written through the corporation or through an insurer
  579  participating in the program, notwithstanding s.
  580  627.351(6)(c)5.a.(I)(B) and (II)(B) and b.(I)(B) and (II)(B).
  581  Such ownership is granted for as long as the insured remains
  582  with the agency or until sold or surrendered in writing by the
  583  agent. Contracts with the corporation or required by the
  584  corporation must not amend, modify, interfere with, or limit
  585  such rights of ownership. Such expirations, records, or other
  586  written or electronic information may be used to review an
  587  application, issue a policy, or for any other purpose necessary
  588  for placing such business through the program.
  589         (b) May not be required to be appointed by any insurer
  590  participating in the program for policies written solely through
  591  the program, notwithstanding the provisions of s. 626.112.
  592         (c) May accept an appointment from an any insurer
  593  participating in the program.
  594         (d) May enter into either a standard or limited agency
  595  agreement with the insurer, at the insurer’s option.
  596  
  597  Applicants ineligible for coverage in accordance with subsection
  598  (6) (5) remain ineligible if their independent agent is
  599  unwilling or unable to enter into a standard or limited agency
  600  agreement with an insurer participating in the program.
  601         (8)(7) Exclusive agents submitting new applications for
  602  coverage or that are the agent of record on a renewal policy
  603  submitted to the program:
  604         (a) Must maintain ownership and the exclusive use of
  605  expirations, records, or other written or electronic information
  606  directly related to such applications or renewals written
  607  through the corporation or through an insurer participating in
  608  the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
  609  (II)(B) and b.(I)(B) and (II)(B). Contracts with the corporation
  610  or required by the corporation must not amend, modify, interfere
  611  with, or limit such rights of ownership. Such expirations,
  612  records, or other written or electronic information may be used
  613  to review an application, issue a policy, or for any other
  614  purpose necessary for placing such business through the program.
  615         (b) May not be required to be appointed by any insurer
  616  participating in the program for policies written solely through
  617  the program, notwithstanding the provisions of s. 626.112.
  618         (c) Must only facilitate the placement of an offer of
  619  coverage from an insurer whose limited servicing agreement is
  620  approved by that exclusive agent’s exclusive insurer.
  621         (d) May enter into a limited servicing agreement with the
  622  insurer making an offer of coverage, and only after the
  623  exclusive agent’s insurer has approved the limited servicing
  624  agreement terms. The exclusive agent’s insurer must approve a
  625  limited service agreement for the program for an any insurer for
  626  which it has approved a service agreement for other purposes.
  627  
  628  Applicants ineligible for coverage in accordance with subsection
  629  (6) (5) remain ineligible if their exclusive agent is unwilling
  630  or unable to enter into a standard or limited agency agreement
  631  with an insurer making an offer of coverage to that applicant.
  632         (12) An applicant for coverage from the corporation who was
  633  a policyholder of the corporation within the previous 36 months
  634  and who subsequently accepted an offer of coverage from a
  635  surplus lines insurer is considered a renewal under this
  636  section.
  637         Section 5. Section 627.3519, Florida Statutes, is repealed.
  638         Section 6. Section 627.35191, Florida Statutes, is amended
  639  to read:
  640         627.35191 Required reports Annual report of aggregate net
  641  probable maximum losses, financing options, and potential
  642  assessments.—
  643         (1) By No later than February 1 of each year, the Florida
  644  Hurricane Catastrophe Fund and Citizens Property Insurance
  645  Corporation shall each submit a report to the Legislature and
  646  the Financial Services Commission identifying their respective
  647  aggregate net probable maximum losses, financing options, and
  648  potential assessments. The report issued by the fund and the
  649  corporation must include their respective 50-year, 100-year, and
  650  250-year probable maximum losses; analysis of all reasonable
  651  financing strategies for each such probable maximum loss,
  652  including the amount and term of debt instruments; specification
  653  of the percentage assessments that would be needed to support
  654  each of the financing strategies; and calculations of the
  655  aggregate assessment burden on Florida property and casualty
  656  policyholders for each of the probable maximum losses.
  657         (2) In May of each year, Citizens Property Insurance
  658  Corporation shall also provide to the Legislature and the
  659  Financial Services Commission a statement of the estimated
  660  borrowing capacity of the corporation for the next 12-month
  661  period, the estimated claims-paying capacity of the corporation,
  662  and the corporation’s estimated balance as of December 31 of the
  663  current calendar year. Such estimates must take into account
  664  that the corporation, the Florida Hurricane Catastrophe Fund,
  665  and the Florida Insurance Guaranty Association may all be
  666  concurrently issuing debt instruments following a catastrophic
  667  event.
  668         Section 7. Effective January 1, 2015, subsection (7) of
  669  section 627.701, Florida Statutes, is amended to read:
  670         627.701 Liability of insureds; coinsurance; deductibles.—
  671         (7) Before Prior to issuing a personal lines residential
  672  property insurance policy on or after January 1, 2015 April 1,
  673  1997, or before prior to the first renewal of a residential
  674  property insurance policy on or after January 1, 2015 April 1,
  675  1997, the insurer must offer a deductible equal to $1,000 $500
  676  applicable to losses from perils other than hurricane. The
  677  insurer must provide the policyholder with notice of the
  678  availability of the deductible specified in this subsection in a
  679  form approved by the office at least once every 3 years. The
  680  failure to provide such notice constitutes a violation of this
  681  code but does not affect the coverage provided under the policy.
  682  An insurer may require a higher deductible only as part of a
  683  deductible program lawfully in effect on June 1, 1996, or as
  684  part of a similar deductible program.
  685         Section 8. Except as otherwise expressly provided in this
  686  act, this act shall take effect July 1, 2014.