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.