Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1006
       
       
       
       
       
       
                                Ì2592367Î259236                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Banking and Insurance (Negron) recommended the
       following:
       
    1         Senate Substitute for Amendment (552246) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (c) of subsection (6) of section
    7  627.351, Florida Statutes, is amended to read:
    8         627.351 Insurance risk apportionment plans.—
    9         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   10         (c) The corporation’s plan of operation:
   11         1. Must provide for adoption of residential property and
   12  casualty insurance policy forms and commercial residential and
   13  nonresidential property insurance forms, which must be approved
   14  by the office before use. The corporation shall adopt the
   15  following policy forms:
   16         a. Standard personal lines policy forms that are
   17  comprehensive multiperil policies providing full coverage of a
   18  residential property equivalent to the coverage provided in the
   19  private insurance market under an HO-3, HO-4, or HO-6 policy.
   20         b. Basic personal lines policy forms that are policies
   21  similar to an HO-8 policy or a dwelling fire policy that provide
   22  coverage meeting the requirements of the secondary mortgage
   23  market, but which is more limited than the coverage under a
   24  standard policy.
   25         c. Commercial lines residential and nonresidential policy
   26  forms that are generally similar to the basic perils of full
   27  coverage obtainable for commercial residential structures and
   28  commercial nonresidential structures in the admitted voluntary
   29  market.
   30         d. Personal lines and commercial lines residential property
   31  insurance forms that cover the peril of wind only. The forms are
   32  applicable only to residential properties located in areas
   33  eligible for coverage under the coastal account referred to in
   34  sub-subparagraph (b)2.a.
   35         e. Commercial lines nonresidential property insurance forms
   36  that cover the peril of wind only. The forms are applicable only
   37  to nonresidential properties located in areas eligible for
   38  coverage under the coastal account referred to in sub
   39  subparagraph (b)2.a.
   40         f. The corporation may adopt variations of the policy forms
   41  listed in sub-subparagraphs a.-e. which contain more restrictive
   42  coverage.
   43         g. Effective January 1, 2013, the corporation shall offer a
   44  basic personal lines policy similar to an HO-8 policy with
   45  dwelling repair based on common construction materials and
   46  methods.
   47         2. Must provide that the corporation adopt a program in
   48  which the corporation and authorized insurers enter into quota
   49  share primary insurance agreements for hurricane coverage, as
   50  defined in s. 627.4025(2)(a), for eligible risks, and adopt
   51  property insurance forms for eligible risks which cover the
   52  peril of wind only.
   53         a. As used in this subsection, the term:
   54         (I) “Quota share primary insurance” means an arrangement in
   55  which the primary hurricane coverage of an eligible risk is
   56  provided in specified percentages by the corporation and an
   57  authorized insurer. The corporation and authorized insurer are
   58  each solely responsible for a specified percentage of hurricane
   59  coverage of an eligible risk as set forth in a quota share
   60  primary insurance agreement between the corporation and an
   61  authorized insurer and the insurance contract. The
   62  responsibility of the corporation or authorized insurer to pay
   63  its specified percentage of hurricane losses of an eligible
   64  risk, as set forth in the agreement, may not be altered by the
   65  inability of the other party to pay its specified percentage of
   66  losses. Eligible risks that are provided hurricane coverage
   67  through a quota share primary insurance arrangement must be
   68  provided policy forms that set forth the obligations of the
   69  corporation and authorized insurer under the arrangement,
   70  clearly specify the percentages of quota share primary insurance
   71  provided by the corporation and authorized insurer, and
   72  conspicuously and clearly state that the authorized insurer and
   73  the corporation may not be held responsible beyond their
   74  specified percentage of coverage of hurricane losses.
   75         (II) “Eligible risks” means personal lines residential and
   76  commercial lines residential risks that meet the underwriting
   77  criteria of the corporation and are located in areas that were
   78  eligible for coverage by the Florida Windstorm Underwriting
   79  Association on January 1, 2002.
   80         b. The corporation may enter into quota share primary
   81  insurance agreements with authorized insurers at corporation
   82  coverage levels of 90 percent and 50 percent.
   83         c. If the corporation determines that additional coverage
   84  levels are necessary to maximize participation in quota share
   85  primary insurance agreements by authorized insurers, the
   86  corporation may establish additional coverage levels. However,
   87  the corporation’s quota share primary insurance coverage level
   88  may not exceed 90 percent.
   89         d. Any quota share primary insurance agreement entered into
   90  between an authorized insurer and the corporation must provide
   91  for a uniform specified percentage of coverage of hurricane
   92  losses, by county or territory as set forth by the corporation
   93  board, for all eligible risks of the authorized insurer covered
   94  under the agreement.
   95         e. Any quota share primary insurance agreement entered into
   96  between an authorized insurer and the corporation is subject to
   97  review and approval by the office. However, such agreement shall
   98  be authorized only as to insurance contracts entered into
   99  between an authorized insurer and an insured who is already
  100  insured by the corporation for wind coverage.
  101         f. For all eligible risks covered under quota share primary
  102  insurance agreements, the exposure and coverage levels for both
  103  the corporation and authorized insurers shall be reported by the
  104  corporation to the Florida Hurricane Catastrophe Fund. For all
  105  policies of eligible risks covered under such agreements, the
  106  corporation and the authorized insurer must maintain complete
  107  and accurate records for the purpose of exposure and loss
  108  reimbursement audits as required by fund rules. The corporation
  109  and the authorized insurer shall each maintain duplicate copies
  110  of policy declaration pages and supporting claims documents.
  111         g. The corporation board shall establish in its plan of
  112  operation standards for quota share agreements which ensure that
  113  there is no discriminatory application among insurers as to the
  114  terms of the agreements, pricing of the agreements, incentive
  115  provisions if any, and consideration paid for servicing policies
  116  or adjusting claims.
  117         h. The quota share primary insurance agreement between the
  118  corporation and an authorized insurer must set forth the
  119  specific terms under which coverage is provided, including, but
  120  not limited to, the sale and servicing of policies issued under
  121  the agreement by the insurance agent of the authorized insurer
  122  producing the business, the reporting of information concerning
  123  eligible risks, the payment of premium to the corporation, and
  124  arrangements for the adjustment and payment of hurricane claims
  125  incurred on eligible risks by the claims adjuster and personnel
  126  of the authorized insurer. Entering into a quota sharing
  127  insurance agreement between the corporation and an authorized
  128  insurer is voluntary and at the discretion of the authorized
  129  insurer.
  130         3. May provide that the corporation may employ or otherwise
  131  contract with individuals or other entities to provide
  132  administrative or professional services that may be appropriate
  133  to effectuate the plan. The corporation may borrow funds by
  134  issuing bonds or by incurring other indebtedness, and shall have
  135  other powers reasonably necessary to effectuate the requirements
  136  of this subsection, including, without limitation, the power to
  137  issue bonds and incur other indebtedness in order to refinance
  138  outstanding bonds or other indebtedness. The corporation may
  139  seek judicial validation of its bonds or other indebtedness
  140  under chapter 75. The corporation may issue bonds or incur other
  141  indebtedness, or have bonds issued on its behalf by a unit of
  142  local government pursuant to subparagraph (q)2. in the absence
  143  of a hurricane or other weather-related event, upon a
  144  determination by the corporation, subject to approval by the
  145  office, that such action would enable it to efficiently meet the
  146  financial obligations of the corporation and that such
  147  financings are reasonably necessary to effectuate the
  148  requirements of this subsection. The corporation may take all
  149  actions needed to facilitate tax-free status for such bonds or
  150  indebtedness, including formation of trusts or other affiliated
  151  entities. The corporation may pledge assessments, projected
  152  recoveries from the Florida Hurricane Catastrophe Fund, other
  153  reinsurance recoverables, policyholder surcharges and other
  154  surcharges, and other funds available to the corporation as
  155  security for bonds or other indebtedness. In recognition of s.
  156  10, Art. I of the State Constitution, prohibiting the impairment
  157  of obligations of contracts, it is the intent of the Legislature
  158  that no action be taken whose purpose is to impair any bond
  159  indenture or financing agreement or any revenue source committed
  160  by contract to such bond or other indebtedness.
  161         4. Must require that the corporation operate subject to the
  162  supervision and approval of a board of governors consisting of
  163  nine individuals who are residents of this state and who are
  164  from different geographical areas of the state, one of whom is
  165  appointed by the Governor and serves solely to advocate on
  166  behalf of the consumer. The appointment of a consumer
  167  representative by the Governor is in addition to the
  168  appointments authorized under sub-subparagraph a.
  169         a. The Governor, the Chief Financial Officer, the President
  170  of the Senate, and the Speaker of the House of Representatives
  171  shall each appoint two members of the board. At least one of the
  172  two members appointed by each appointing officer must have
  173  demonstrated expertise in insurance and be deemed to be within
  174  the scope of the exemption provided in s. 112.313(7)(b). The
  175  Chief Financial Officer shall designate one of the appointees as
  176  chair. All board members serve at the pleasure of the appointing
  177  officer. All members of the board are subject to removal at will
  178  by the officers who appointed them. All board members, including
  179  the chair, must be appointed to serve for 3-year terms beginning
  180  annually on a date designated by the plan. However, for the
  181  first term beginning on or after July 1, 2009, each appointing
  182  officer shall appoint one member of the board for a 2-year term
  183  and one member for a 3-year term. A board vacancy shall be
  184  filled for the unexpired term by the appointing officer. The
  185  Chief Financial Officer shall appoint a technical advisory group
  186  to provide information and advice to the board in connection
  187  with the board’s duties under this subsection. The executive
  188  director and senior managers of the corporation shall be engaged
  189  by the board and serve at the pleasure of the board. Any
  190  executive director appointed on or after July 1, 2006, is
  191  subject to confirmation by the Senate. The executive director is
  192  responsible for employing other staff as the corporation may
  193  require, subject to review and concurrence by the board.
  194         b. The board shall create a Market Accountability Advisory
  195  Committee to assist the corporation in developing awareness of
  196  its rates and its customer and agent service levels in
  197  relationship to the voluntary market insurers writing similar
  198  coverage.
  199         (I) The members of the advisory committee consist of the
  200  following 11 persons, one of whom must be elected chair by the
  201  members of the committee: four representatives, one appointed by
  202  the Florida Association of Insurance Agents, one by the Florida
  203  Association of Insurance and Financial Advisors, one by the
  204  Professional Insurance Agents of Florida, and one by the Latin
  205  American Association of Insurance Agencies; three
  206  representatives appointed by the insurers with the three highest
  207  voluntary market share of residential property insurance
  208  business in the state; one representative from the Office of
  209  Insurance Regulation; one consumer appointed by the board who is
  210  insured by the corporation at the time of appointment to the
  211  committee; one representative appointed by the Florida
  212  Association of Realtors; and one representative appointed by the
  213  Florida Bankers Association. All members shall be appointed to
  214  3-year terms and may serve for consecutive terms.
  215         (II) The committee shall report to the corporation at each
  216  board meeting on insurance market issues which may include rates
  217  and rate competition with the voluntary market; service,
  218  including policy issuance, claims processing, and general
  219  responsiveness to policyholders, applicants, and agents; and
  220  matters relating to depopulation.
  221         5. Must provide a procedure for determining the eligibility
  222  of a risk for coverage, as follows:
  223         a. Subject to s. 627.3517, with respect to personal lines
  224  residential risks, if the risk is offered coverage from an
  225  authorized insurer at the insurer’s approved rate under a
  226  standard policy including wind coverage or, if consistent with
  227  the insurer’s underwriting rules as filed with the office, a
  228  basic policy including wind coverage, for a new application to
  229  the corporation for coverage, the risk is not eligible for any
  230  policy issued by the corporation unless the premium for coverage
  231  from the authorized insurer is more than 15 percent greater than
  232  the premium for comparable coverage from the corporation.
  233  Whenever an offer of coverage for a personal lines residential
  234  risk is received for a policyholder of the corporation at
  235  renewal from an authorized insurer, if the offer is equal to or
  236  less than the corporation’s renewal premium for comparable
  237  coverage, the risk is not eligible for coverage with the
  238  corporation. If the risk is not able to obtain such offer, the
  239  risk is eligible for a standard policy including wind coverage
  240  or a basic policy including wind coverage issued by the
  241  corporation; however, if the risk could not be insured under a
  242  standard policy including wind coverage regardless of market
  243  conditions, the risk is eligible for a basic policy including
  244  wind coverage unless rejected under subparagraph 8. However, a
  245  policyholder removed from the corporation through an assumption
  246  agreement remains eligible for coverage from the corporation
  247  until the end of the assumption period. The corporation shall
  248  determine the type of policy to be provided on the basis of
  249  objective standards specified in the underwriting manual and
  250  based on generally accepted underwriting practices.
  251         (I) If the risk accepts an offer of coverage through the
  252  market assistance plan or through a mechanism established by the
  253  corporation other than a plan established by s. 627.3518, before
  254  a policy is issued to the risk by the corporation or during the
  255  first 30 days of coverage by the corporation, and the producing
  256  agent who submitted the application to the plan or to the
  257  corporation is not currently appointed by the insurer, the
  258  insurer shall:
  259         (A) Pay to the producing agent of record of the policy for
  260  the first year, an amount that is the greater of the insurer’s
  261  usual and customary commission for the type of policy written or
  262  a fee equal to the usual and customary commission of the
  263  corporation; or
  264         (B) Offer to allow the producing agent of record of the
  265  policy to continue servicing the policy for at least 1 year and
  266  offer to pay the agent the greater of the insurer’s or the
  267  corporation’s usual and customary commission for the type of
  268  policy written.
  269  
  270  If the producing agent is unwilling or unable to accept
  271  appointment, the new insurer shall pay the agent in accordance
  272  with sub-sub-sub-subparagraph (A).
  273         (II) If the corporation enters into a contractual agreement
  274  for a take-out plan, the producing agent of record of the
  275  corporation policy is entitled to retain any unearned commission
  276  on the policy, and the insurer shall:
  277         (A) Pay to the producing agent of record, for the first
  278  year, an amount that is the greater of the insurer’s usual and
  279  customary commission for the type of policy written or a fee
  280  equal to the usual and customary commission of the corporation;
  281  or
  282         (B) Offer to allow the producing agent of record to
  283  continue servicing the policy for at least 1 year and offer to
  284  pay the agent the greater of the insurer’s or the corporation’s
  285  usual and customary commission for the type of policy written.
  286  
  287  If the producing agent is unwilling or unable to accept
  288  appointment, the new insurer shall pay the agent in accordance
  289  with sub-sub-sub-subparagraph (A).
  290         b. With respect to commercial lines residential risks, for
  291  a new application to the corporation for coverage, if the risk
  292  is offered coverage under a policy including wind coverage from
  293  an authorized insurer at its approved rate, the risk is not
  294  eligible for a policy issued by the corporation unless the
  295  premium for coverage from the authorized insurer is more than 15
  296  percent greater than the premium for comparable coverage from
  297  the corporation. Whenever an offer of coverage for a commercial
  298  lines residential risk is received for a policyholder of the
  299  corporation at renewal from an authorized insurer, if the offer
  300  is equal to or less than the corporation’s renewal premium for
  301  comparable coverage, the risk is not eligible for coverage with
  302  the corporation. If the risk is not able to obtain any such
  303  offer, the risk is eligible for a policy including wind coverage
  304  issued by the corporation. However, a policyholder removed from
  305  the corporation through an assumption agreement remains eligible
  306  for coverage from the corporation until the end of the
  307  assumption period.
  308         (I) If the risk accepts an offer of coverage through the
  309  market assistance plan or through a mechanism established by the
  310  corporation other than a plan established by s. 627.3518, before
  311  a policy is issued to the risk by the corporation or during the
  312  first 30 days of coverage by the corporation, and the producing
  313  agent who submitted the application to the plan or the
  314  corporation is not currently appointed by the insurer, the
  315  insurer shall:
  316         (A) Pay to the producing agent of record of the policy, for
  317  the first year, an amount that is the greater of the insurer’s
  318  usual and customary commission for the type of policy written or
  319  a fee equal to the usual and customary commission of the
  320  corporation; or
  321         (B) Offer to allow the producing agent of record of the
  322  policy to continue servicing the policy for at least 1 year and
  323  offer to pay the agent the greater of the insurer’s or the
  324  corporation’s usual and customary commission for the type of
  325  policy written.
  326  
  327  If the producing agent is unwilling or unable to accept
  328  appointment, the new insurer shall pay the agent in accordance
  329  with sub-sub-sub-subparagraph (A).
  330         (II) If the corporation enters into a contractual agreement
  331  for a take-out plan, the producing agent of record of the
  332  corporation policy is entitled to retain any unearned commission
  333  on the policy, and the insurer shall:
  334         (A) Pay to the producing agent of record, for the first
  335  year, an amount that is the greater of the insurer’s usual and
  336  customary commission for the type of policy written or a fee
  337  equal to the usual and customary commission of the corporation;
  338  or
  339         (B) Offer to allow the producing agent of record to
  340  continue servicing the policy for at least 1 year and offer to
  341  pay the agent the greater of the insurer’s or the corporation’s
  342  usual and customary commission for the type of policy written.
  343  
  344  If the producing agent is unwilling or unable to accept
  345  appointment, the new insurer shall pay the agent in accordance
  346  with sub-sub-sub-subparagraph (A).
  347         c. For purposes of determining comparable coverage under
  348  sub-subparagraphs a. and b., the comparison must be based on
  349  those forms and coverages that are reasonably comparable. The
  350  corporation may rely on a determination of comparable coverage
  351  and premium made by the producing agent who submits the
  352  application to the corporation, made in the agent’s capacity as
  353  the corporation’s agent. A comparison may be made solely of the
  354  premium with respect to the main building or structure only on
  355  the following basis: the same coverage A or other building
  356  limits; the same percentage hurricane deductible that applies on
  357  an annual basis or that applies to each hurricane for commercial
  358  residential property; the same percentage of ordinance and law
  359  coverage, if the same limit is offered by both the corporation
  360  and the authorized insurer; the same mitigation credits, to the
  361  extent the same types of credits are offered both by the
  362  corporation and the authorized insurer; the same method for loss
  363  payment, such as replacement cost or actual cash value, if the
  364  same method is offered both by the corporation and the
  365  authorized insurer in accordance with underwriting rules; and
  366  any other form or coverage that is reasonably comparable as
  367  determined by the board. If an application is submitted to the
  368  corporation for wind-only coverage in the coastal account, the
  369  premium for the corporation’s wind-only policy plus the premium
  370  for the ex-wind policy that is offered by an authorized insurer
  371  to the applicant must be compared to the premium for multiperil
  372  coverage offered by an authorized insurer, subject to the
  373  standards for comparison specified in this subparagraph. If the
  374  corporation or the applicant requests from the authorized
  375  insurer a breakdown of the premium of the offer by types of
  376  coverage so that a comparison may be made by the corporation or
  377  its agent and the authorized insurer refuses or is unable to
  378  provide such information, the corporation may treat the offer as
  379  not being an offer of coverage from an authorized insurer at the
  380  insurer’s approved rate.
  381         6. Must include rules for classifications of risks and
  382  rates.
  383         7. Must provide that if premium and investment income for
  384  an account attributable to a particular calendar year are in
  385  excess of projected losses and expenses for the account
  386  attributable to that year, such excess shall be held in surplus
  387  in the account. Such surplus must be available to defray
  388  deficits in that account as to future years and used for that
  389  purpose before assessing assessable insurers and assessable
  390  insureds as to any calendar year.
  391         8. Must provide objective criteria and procedures to be
  392  uniformly applied to all applicants in determining whether an
  393  individual risk is so hazardous as to be uninsurable. In making
  394  this determination and in establishing the criteria and
  395  procedures, the following must be considered:
  396         a. Whether the likelihood of a loss for the individual risk
  397  is substantially higher than for other risks of the same class;
  398  and
  399         b. Whether the uncertainty associated with the individual
  400  risk is such that an appropriate premium cannot be determined.
  401  
  402  The acceptance or rejection of a risk by the corporation shall
  403  be construed as the private placement of insurance, and the
  404  provisions of chapter 120 do not apply.
  405         9. Must provide that the corporation make its best efforts
  406  to procure catastrophe reinsurance at reasonable rates, to cover
  407  its projected 100-year probable maximum loss as determined by
  408  the board of governors.
  409         10. The policies issued by the corporation must provide
  410  that if the corporation or the market assistance plan obtains an
  411  offer from an authorized insurer to cover the risk at its
  412  approved rates, the risk is no longer eligible for renewal
  413  through the corporation, except as otherwise provided in this
  414  subsection.
  415         11. Corporation policies and applications must include a
  416  notice that the corporation policy could, under this section, be
  417  replaced with a policy issued by an authorized insurer which
  418  does not provide coverage identical to the coverage provided by
  419  the corporation. The notice must also specify that acceptance of
  420  corporation coverage creates a conclusive presumption that the
  421  applicant or policyholder is aware of this potential.
  422         12. May establish, subject to approval by the office,
  423  different eligibility requirements and operational procedures
  424  for any line or type of coverage for any specified county or
  425  area if the board determines that such changes are justified due
  426  to the voluntary market being sufficiently stable and
  427  competitive in such area or for such line or type of coverage
  428  and that consumers who, in good faith, are unable to obtain
  429  insurance through the voluntary market through ordinary methods
  430  continue to have access to coverage from the corporation. If
  431  coverage is sought in connection with a real property transfer,
  432  the requirements and procedures may not provide an effective
  433  date of coverage later than the date of the closing of the
  434  transfer as established by the transferor, the transferee, and,
  435  if applicable, the lender.
  436         13. Must provide that, with respect to the coastal account,
  437  any assessable insurer with a surplus as to policyholders of $25
  438  million or less writing 25 percent or more of its total
  439  countrywide property insurance premiums in this state may
  440  petition the office, within the first 90 days of each calendar
  441  year, to qualify as a limited apportionment company. A regular
  442  assessment levied by the corporation on a limited apportionment
  443  company for a deficit incurred by the corporation for the
  444  coastal account may be paid to the corporation on a monthly
  445  basis as the assessments are collected by the limited
  446  apportionment company from its insureds, but a limited
  447  apportionment company must begin collecting the regular
  448  assessments not later than 90 days after the regular assessments
  449  are levied by the corporation, and the regular assessments must
  450  be paid in full within 15 months after being levied by the
  451  corporation. A limited apportionment company shall collect from
  452  its policyholders any emergency assessment imposed under sub
  453  subparagraph (b)3.d. The plan must provide that, if the office
  454  determines that any regular assessment will result in an
  455  impairment of the surplus of a limited apportionment company,
  456  the office may direct that all or part of such assessment be
  457  deferred as provided in subparagraph (q)4. However, an emergency
  458  assessment to be collected from policyholders under sub
  459  subparagraph (b)3.d. may not be limited or deferred.
  460         14. Must provide that the corporation appoint as its
  461  licensed agents only those agents who also hold an appointment
  462  as defined in s. 626.015(3) with an insurer who at the time of
  463  the agent’s initial appointment by the corporation is authorized
  464  to write and is actually writing personal lines residential
  465  property coverage, commercial residential property coverage, or
  466  commercial nonresidential property coverage within the state.
  467         15. Must provide a premium payment plan option to its
  468  policyholders which, at a minimum, allows for quarterly and
  469  semiannual payment of premiums. A monthly payment plan may, but
  470  is not required to, be offered.
  471         16. Must limit coverage on mobile homes or manufactured
  472  homes built before 1994 to actual cash value of the dwelling
  473  rather than replacement costs of the dwelling.
  474         17. Must provide coverage for manufactured or mobile home
  475  dwellings. Such coverage must also include the following
  476  attached structures:
  477         a. Screened enclosures that are aluminum framed or screened
  478  enclosures that are not covered by the same or substantially the
  479  same materials as those of the primary dwelling;
  480         b. Carports that are aluminum or carports that are not
  481  covered by the same or substantially the same materials as those
  482  of the primary dwelling; and
  483         c. Patios that have a roof covering that is constructed of
  484  materials that are not the same or substantially the same
  485  materials as those of the primary dwelling.
  486  
  487  The corporation shall make available a policy for mobile homes
  488  or manufactured homes for a minimum insured value of at least
  489  $3,000.
  490         18. May provide such limits of coverage as the board
  491  determines, consistent with the requirements of this subsection.
  492         19. May require commercial property to meet specified
  493  hurricane mitigation construction features as a condition of
  494  eligibility for coverage.
  495         20. Must provide that new or renewal policies issued by the
  496  corporation on or after January 1, 2012, which cover sinkhole
  497  loss do not include coverage for any loss to appurtenant
  498  structures, driveways, sidewalks, decks, or patios that are
  499  directly or indirectly caused by sinkhole activity. The
  500  corporation shall exclude such coverage using a notice of
  501  coverage change, which may be included with the policy renewal,
  502  and not by issuance of a notice of nonrenewal of the excluded
  503  coverage upon renewal of the current policy.
  504         21. As of January 1, 2012, must require that the agent
  505  obtain from an applicant for coverage from the corporation an
  506  acknowledgment signed by the applicant, which includes, at a
  507  minimum, the following statement:
  508  
  509                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  510                      AND ASSESSMENT LIABILITY:                    
  511  
  512         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  513  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  514  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  515  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  516  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  517  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  518  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  519  LEGISLATURE.
  520         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
  521  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
  522  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
  523  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
  524  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
  525  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
  526  ARE REGULATED AND APPROVED BY THE STATE.
  527         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  528  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  529  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  530  FLORIDA LEGISLATURE.
  531         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  532  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  533  STATE OF FLORIDA.
  534         a. The corporation shall maintain, in electronic format or
  535  otherwise, a copy of the applicant’s signed acknowledgment and
  536  provide a copy of the statement to the policyholder as part of
  537  the first renewal after the effective date of this subparagraph.
  538         b. The signed acknowledgment form creates a conclusive
  539  presumption that the policyholder understood and accepted his or
  540  her potential surcharge and assessment liability as a
  541  policyholder of the corporation.
  542         22. Must provide that before an insurer may remove a policy
  543  from the corporation under a takeout agreement, the agreement
  544  must:
  545         a. Be approved by the Office of Insurance Regulation.
  546         b. Require that the insurer provide information to the
  547  policyholder explaining the differences in coverage and rate
  548  between the corporation policy and the policy offered.
  549         23. Must require the exclusion for 6 months from future
  550  takeout agreements by the corporation a policyholder who
  551  declines a takeout agreement offer from an authorized insurer
  552  and declines to receive additional takeout offers.
  553         24. Must allow a policyholder who was removed from the
  554  corporation in the previous 36 months by a takeout agreement
  555  with an authorized insurer to reapply with the corporation and
  556  be considered a renewal under s. 627.3518(5) if the corporation
  557  determines that the authorized insurer increased the rate on the
  558  policy in excess of the increase allowed for by the corporation
  559  under s. 627.351(6)(n)6.
  560  
  561  ================= T I T L E  A M E N D M E N T ================
  562  And the title is amended as follows:
  563         Delete everything before the enacting clause
  564  and insert:
  565                        A bill to be entitled                      
  566         An act relating to the depopulation of the Citizens
  567         Property Insurance Corporation; amending s. 627.351,
  568         F.S.; requiring takeout agreements to be approved by
  569         the Office of Insurance Regulation; requiring the
  570         corporation to provide information to a policyholder
  571         and to exempt policyholders from future takeout offers
  572         for 6 months under certain circumstances; allowing
  573         specified applicants for corporation coverage to be
  574         considered renewal policyholders; providing an
  575         effective date.