Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 1006 Ì527578ZÎ527578 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/08/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on General Government (Hays) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Delete lines 177 - 569 4 and insert: 5 representative by the Governor is deemed to be within the scope 6 of the exemption provided in s. 112.313(7)(b) and is in addition 7 to the appointments authorized under sub-subparagraph a. 8 a. The Governor, the Chief Financial Officer, the President 9 of the Senate, and the Speaker of the House of Representatives 10 shall each appoint two members of the board. At least one of the 11 two members appointed by each appointing officer must have 12 demonstrated expertise in insurance and be deemed to be within 13 the scope of the exemption provided in s. 112.313(7)(b). The 14 Chief Financial Officer shall designate one of the appointees as 15 chair. All board members serve at the pleasure of the appointing 16 officer. All members of the board are subject to removal at will 17 by the officers who appointed them. All board members, including 18 the chair, must be appointed to serve for 3-year terms beginning 19 annually on a date designated by the plan. However, for the 20 first term beginning on or after July 1, 2009, each appointing 21 officer shall appoint one member of the board for a 2-year term 22 and one member for a 3-year term. A board vacancy shall be 23 filled for the unexpired term by the appointing officer. The 24 Chief Financial Officer shall appoint a technical advisory group 25 to provide information and advice to the board in connection 26 with the board’s duties under this subsection. The executive 27 director and senior managers of the corporation shall be engaged 28 by the board and serve at the pleasure of the board. Any 29 executive director appointed on or after July 1, 2006, is 30 subject to confirmation by the Senate. The executive director is 31 responsible for employing other staff as the corporation may 32 require, subject to review and concurrence by the board. 33 b. The board shall create a Market Accountability Advisory 34 Committee to assist the corporation in developing awareness of 35 its rates and its customer and agent service levels in 36 relationship to the voluntary market insurers writing similar 37 coverage. 38 (I) The members of the advisory committee consist of the 39 following 11 persons, one of whom must be elected chair by the 40 members of the committee: four representatives, one appointed by 41 the Florida Association of Insurance Agents, one by the Florida 42 Association of Insurance and Financial Advisors, one by the 43 Professional Insurance Agents of Florida, and one by the Latin 44 American Association of Insurance Agencies; three 45 representatives appointed by the insurers with the three highest 46 voluntary market share of residential property insurance 47 business in the state; one representative from the Office of 48 Insurance Regulation; one consumer appointed by the board who is 49 insured by the corporation at the time of appointment to the 50 committee; one representative appointed by the Florida 51 Association of Realtors; and one representative appointed by the 52 Florida Bankers Association. All members shall be appointed to 53 3-year terms and may serve for consecutive terms. 54 (II) The committee shall report to the corporation at each 55 board meeting on insurance market issues which may include rates 56 and rate competition with the voluntary market; service, 57 including policy issuance, claims processing, and general 58 responsiveness to policyholders, applicants, and agents; and 59 matters relating to depopulation. 60 5. Must provide a procedure for determining the eligibility 61 of a risk for coverage, as follows: 62 a. Subject to s. 627.3517, with respect to personal lines 63 residential risks, if the risk is offered coverage from an 64 authorized insurer at the insurer’s approved rate under a 65 standard policy including wind coverage or, if consistent with 66 the insurer’s underwriting rules as filed with the office, a 67 basic policy including wind coverage, for a new application to 68 the corporation for coverage, the risk is not eligible for any 69 policy issued by the corporation unless the premium for coverage 70 from the authorized insurer is more than 15 percent greater than 71 the premium for comparable coverage from the corporation. 72 Whenever an offer of coverage for a personal lines residential 73 risk is received for a policyholder of the corporation at 74 renewal from an authorized insurer, if the offer is equal to or 75 less than the corporation’s renewal premium for comparable 76 coverage, the risk is not eligible for coverage with the 77 corporation. If the risk is not able to obtain such offer, the 78 risk is eligible for a standard policy including wind coverage 79 or a basic policy including wind coverage issued by the 80 corporation; however, if the risk could not be insured under a 81 standard policy including wind coverage regardless of market 82 conditions, the risk is eligible for a basic policy including 83 wind coverage unless rejected under subparagraph 8. However, a 84 policyholder removed from the corporation through an assumption 85 agreement remains eligible for coverage from the corporation 86 until the end of the assumption period. The corporation shall 87 determine the type of policy to be provided on the basis of 88 objective standards specified in the underwriting manual and 89 based on generally accepted underwriting practices. 90 (I) If the risk accepts an offer of coverage through the 91 market assistance plan or through a mechanism established by the 92 corporation other than a plan established by s. 627.3518, before 93 a policy is issued to the risk by the corporation or during the 94 first 30 days of coverage by the corporation, and the producing 95 agent who submitted the application to the plan or to the 96 corporation is not currently appointed by the insurer, the 97 insurer shall: 98 (A) Pay to the producing agent of record of the policy for 99 the first year, an amount that is the greater of the insurer’s 100 usual and customary commission for the type of policy written or 101 a fee equal to the usual and customary commission of the 102 corporation; or 103 (B) Offer to allow the producing agent of record of the 104 policy to continue servicing the policy for at least 1 year and 105 offer to pay the agent the greater of the insurer’s or the 106 corporation’s usual and customary commission for the type of 107 policy written. 108 109 If the producing agent is unwilling or unable to accept 110 appointment, the new insurer shall pay the agent in accordance 111 with sub-sub-sub-subparagraph (A). 112 (II) If the corporation enters into a contractual agreement 113 for a take-out plan, the producing agent of record of the 114 corporation policy is entitled to retain any unearned commission 115 on the policy, and the insurer shall: 116 (A) Pay to the producing agent of record, for the first 117 year, an amount that is the greater of the insurer’s usual and 118 customary commission for the type of policy written or a fee 119 equal to the usual and customary commission of the corporation; 120 or 121 (B) Offer to allow the producing agent of record to 122 continue servicing the policy for at least 1 year and offer to 123 pay the agent the greater of the insurer’s or the corporation’s 124 usual and customary commission for the type of policy written. 125 126 If the producing agent is unwilling or unable to accept 127 appointment, the new insurer shall pay the agent in accordance 128 with sub-sub-sub-subparagraph (A). 129 b. With respect to commercial lines residential risks, for 130 a new application to the corporation for coverage, if the risk 131 is offered coverage under a policy including wind coverage from 132 an authorized insurer at its approved rate, the risk is not 133 eligible for a policy issued by the corporation unless the 134 premium for coverage from the authorized insurer is more than 15 135 percent greater than the premium for comparable coverage from 136 the corporation. Whenever an offer of coverage for a commercial 137 lines residential risk is received for a policyholder of the 138 corporation at renewal from an authorized insurer, if the offer 139 is equal to or less than the corporation’s renewal premium for 140 comparable coverage, the risk is not eligible for coverage with 141 the corporation. If the risk is not able to obtain any such 142 offer, the risk is eligible for a policy including wind coverage 143 issued by the corporation. However, a policyholder removed from 144 the corporation through an assumption agreement remains eligible 145 for coverage from the corporation until the end of the 146 assumption period. 147 (I) If the risk accepts an offer of coverage through the 148 market assistance plan or through a mechanism established by the 149 corporation other than a plan established by s. 627.3518, before 150 a policy is issued to the risk by the corporation or during the 151 first 30 days of coverage by the corporation, and the producing 152 agent who submitted the application to the plan or the 153 corporation is not currently appointed by the insurer, the 154 insurer shall: 155 (A) Pay to the producing agent of record of the policy, for 156 the first year, an amount that is the greater of the insurer’s 157 usual and customary commission for the type of policy written or 158 a fee equal to the usual and customary commission of the 159 corporation; or 160 (B) Offer to allow the producing agent of record of the 161 policy to continue servicing the policy for at least 1 year and 162 offer to pay the agent the greater of the insurer’s or the 163 corporation’s usual and customary commission for the type of 164 policy written. 165 166 If the producing agent is unwilling or unable to accept 167 appointment, the new insurer shall pay the agent in accordance 168 with sub-sub-sub-subparagraph (A). 169 (II) If the corporation enters into a contractual agreement 170 for a take-out plan, the producing agent of record of the 171 corporation policy is entitled to retain any unearned commission 172 on the policy, and the insurer shall: 173 (A) Pay to the producing agent of record, for the first 174 year, an amount that is the greater of the insurer’s usual and 175 customary commission for the type of policy written or a fee 176 equal to the usual and customary commission of the corporation; 177 or 178 (B) Offer to allow the producing agent of record to 179 continue servicing the policy for at least 1 year and offer to 180 pay the agent the greater of the insurer’s or the corporation’s 181 usual and customary commission for the type of policy written. 182 183 If the producing agent is unwilling or unable to accept 184 appointment, the new insurer shall pay the agent in accordance 185 with sub-sub-sub-subparagraph (A). 186 c. For purposes of determining comparable coverage under 187 sub-subparagraphs a. and b., the comparison must be based on 188 those forms and coverages that are reasonably comparable. The 189 corporation may rely on a determination of comparable coverage 190 and premium made by the producing agent who submits the 191 application to the corporation, made in the agent’s capacity as 192 the corporation’s agent. A comparison may be made solely of the 193 premium with respect to the main building or structure only on 194 the following basis: the same coverage A or other building 195 limits; the same percentage hurricane deductible that applies on 196 an annual basis or that applies to each hurricane for commercial 197 residential property; the same percentage of ordinance and law 198 coverage, if the same limit is offered by both the corporation 199 and the authorized insurer; the same mitigation credits, to the 200 extent the same types of credits are offered both by the 201 corporation and the authorized insurer; the same method for loss 202 payment, such as replacement cost or actual cash value, if the 203 same method is offered both by the corporation and the 204 authorized insurer in accordance with underwriting rules; and 205 any other form or coverage that is reasonably comparable as 206 determined by the board. If an application is submitted to the 207 corporation for wind-only coverage in the coastal account, the 208 premium for the corporation’s wind-only policy plus the premium 209 for the ex-wind policy that is offered by an authorized insurer 210 to the applicant must be compared to the premium for multiperil 211 coverage offered by an authorized insurer, subject to the 212 standards for comparison specified in this subparagraph. If the 213 corporation or the applicant requests from the authorized 214 insurer a breakdown of the premium of the offer by types of 215 coverage so that a comparison may be made by the corporation or 216 its agent and the authorized insurer refuses or is unable to 217 provide such information, the corporation may treat the offer as 218 not being an offer of coverage from an authorized insurer at the 219 insurer’s approved rate. 220 6. Must include rules for classifications of risks and 221 rates. 222 7. Must provide that if premium and investment income for 223 an account attributable to a particular calendar year are in 224 excess of projected losses and expenses for the account 225 attributable to that year, such excess shall be held in surplus 226 in the account. Such surplus must be available to defray 227 deficits in that account as to future years and used for that 228 purpose before assessing assessable insurers and assessable 229 insureds as to any calendar year. 230 8. Must provide objective criteria and procedures to be 231 uniformly applied to all applicants in determining whether an 232 individual risk is so hazardous as to be uninsurable. In making 233 this determination and in establishing the criteria and 234 procedures, the following must be considered: 235 a. Whether the likelihood of a loss for the individual risk 236 is substantially higher than for other risks of the same class; 237 and 238 b. Whether the uncertainty associated with the individual 239 risk is such that an appropriate premium cannot be determined. 240 241 The acceptance or rejection of a risk by the corporation shall 242 be construed as the private placement of insurance, and the 243 provisions of chapter 120 do not apply. 244 9. Must provide that the corporation make its best efforts 245 to procure catastrophe reinsurance at reasonable rates, to cover 246 its projected 100-year probable maximum loss as determined by 247 the board of governors. 248 10. The policies issued by the corporation must provide 249 that if the corporation or the market assistance plan obtains an 250 offer from an authorized insurer to cover the risk at its 251 approved rates, the risk is no longer eligible for renewal 252 through the corporation, except as otherwise provided in this 253 subsection. 254 11. Corporation policies and applications must include a 255 notice that the corporation policy could, under this section, be 256 replaced with a policy issued by an authorized insurer which 257 does not provide coverage identical to the coverage provided by 258 the corporation. The notice must also specify that acceptance of 259 corporation coverage creates a conclusive presumption that the 260 applicant or policyholder is aware of this potential. 261 12. May establish, subject to approval by the office, 262 different eligibility requirements and operational procedures 263 for any line or type of coverage for any specified county or 264 area if the board determines that such changes are justified due 265 to the voluntary market being sufficiently stable and 266 competitive in such area or for such line or type of coverage 267 and that consumers who, in good faith, are unable to obtain 268 insurance through the voluntary market through ordinary methods 269 continue to have access to coverage from the corporation. If 270 coverage is sought in connection with a real property transfer, 271 the requirements and procedures may not provide an effective 272 date of coverage later than the date of the closing of the 273 transfer as established by the transferor, the transferee, and, 274 if applicable, the lender. 275 13. Must provide that, with respect to the coastal account, 276 any assessable insurer with a surplus as to policyholders of $25 277 million or less writing 25 percent or more of its total 278 countrywide property insurance premiums in this state may 279 petition the office, within the first 90 days of each calendar 280 year, to qualify as a limited apportionment company. A regular 281 assessment levied by the corporation on a limited apportionment 282 company for a deficit incurred by the corporation for the 283 coastal account may be paid to the corporation on a monthly 284 basis as the assessments are collected by the limited 285 apportionment company from its insureds, but a limited 286 apportionment company must begin collecting the regular 287 assessments not later than 90 days after the regular assessments 288 are levied by the corporation, and the regular assessments must 289 be paid in full within 15 months after being levied by the 290 corporation. A limited apportionment company shall collect from 291 its policyholders any emergency assessment imposed under sub 292 subparagraph (b)3.d. The plan must provide that, if the office 293 determines that any regular assessment will result in an 294 impairment of the surplus of a limited apportionment company, 295 the office may direct that all or part of such assessment be 296 deferred as provided in subparagraph (q)4. However, an emergency 297 assessment to be collected from policyholders under sub 298 subparagraph (b)3.d. may not be limited or deferred. 299 14. Must provide that the corporation appoint as its 300 licensed agents only those agents who also hold an appointment 301 as defined in s. 626.015(3) with an insurer who at the time of 302 the agent’s initial appointment by the corporation is authorized 303 to write and is actually writing personal lines residential 304 property coverage, commercial residential property coverage, or 305 commercial nonresidential property coverage within the state. 306 15. Must provide a premium payment plan option to its 307 policyholders which, at a minimum, allows for quarterly and 308 semiannual payment of premiums. A monthly payment plan may, but 309 is not required to, be offered. 310 16. Must limit coverage on mobile homes or manufactured 311 homes built before 1994 to actual cash value of the dwelling 312 rather than replacement costs of the dwelling. 313 17. Must provide coverage for manufactured or mobile home 314 dwellings. Such coverage must also include the following 315 attached structures: 316 a. Screened enclosures that are aluminum framed or screened 317 enclosures that are not covered by the same or substantially the 318 same materials as those of the primary dwelling; 319 b. Carports that are aluminum or carports that are not 320 covered by the same or substantially the same materials as those 321 of the primary dwelling; and 322 c. Patios that have a roof covering that is constructed of 323 materials that are not the same or substantially the same 324 materials as those of the primary dwelling. 325 326 The corporation shall make available a policy for mobile homes 327 or manufactured homes for a minimum insured value of at least 328 $3,000. 329 18. May provide such limits of coverage as the board 330 determines, consistent with the requirements of this subsection. 331 19. May require commercial property to meet specified 332 hurricane mitigation construction features as a condition of 333 eligibility for coverage. 334 20. Must provide that new or renewal policies issued by the 335 corporation on or after January 1, 2012, which cover sinkhole 336 loss do not include coverage for any loss to appurtenant 337 structures, driveways, sidewalks, decks, or patios that are 338 directly or indirectly caused by sinkhole activity. The 339 corporation shall exclude such coverage using a notice of 340 coverage change, which may be included with the policy renewal, 341 and not by issuance of a notice of nonrenewal of the excluded 342 coverage upon renewal of the current policy. 343 21. As of January 1, 2012, must require that the agent 344 obtain from an applicant for coverage from the corporation an 345 acknowledgment signed by the applicant, which includes, at a 346 minimum, the following statement: 347 ACKNOWLEDGMENT OF POTENTIAL SURCHARGE 348 AND ASSESSMENT LIABILITY: 349 1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE 350 CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A 351 DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON, 352 MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND 353 PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE 354 POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT 355 OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA 356 LEGISLATURE. 357 2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER 358 SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM, 359 BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO 360 BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN 361 PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE 362 WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES 363 ARE REGULATED AND APPROVED BY THE STATE. 364 3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY 365 ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER 366 INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE 367 FLORIDA LEGISLATURE. 368 4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE 369 CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE 370 STATE OF FLORIDA. 371 a. The corporation shall maintain, in electronic format or 372 otherwise, a copy of the applicant’s signed acknowledgment and 373 provide a copy of the statement to the policyholder as part of 374 the first renewal after the effective date of this subparagraph. 375 b. The signed acknowledgment form creates a conclusive 376 presumption that the policyholder understood and accepted his or 377 her potential surcharge and assessment liability as a 378 policyholder of the corporation. 379 (x)1. The following records of the corporation are 380 confidential and exempt from the provisions of s. 119.07(1) and 381 s. 24(a), Art. I of the State Constitution: 382 a. Underwriting files, except that a policyholder or an 383 applicant shall have access to his or her own underwriting 384 files. Confidential and exempt underwriting file records may 385 also be released to other governmental agencies upon written 386 request and demonstration of need; such records held by the 387 receiving agency remain confidential and exempt as provided 388 herein. 389 b. Claims files, until termination of all litigation and 390 settlement of all claims arising out of the same incident, 391 although portions of the claims files may remain exempt, as 392 otherwise provided by law. Confidential and exempt claims file 393 records may be released to other governmental agencies upon 394 written request and demonstration of need; such records held by 395 the receiving agency remain confidential and exempt as provided 396 herein. 397 c. Records obtained or generated by an internal auditor 398 pursuant to a routine audit, until the audit is completed, or if 399 the audit is conducted as part of an investigation, until the 400 investigation is closed or ceases to be active. An investigation 401 is considered “active” while the investigation is being 402 conducted with a reasonable, good faith belief that it could 403 lead to the filing of administrative, civil, or criminal 404 proceedings. 405 d. Matters reasonably encompassed in privileged attorney 406 client communications. 407 e. Proprietary information licensed to the corporation 408 under contract and the contract provides for the confidentiality 409 of such proprietary information. 410 f. All information relating to the medical condition or 411 medical status of a corporation employee which is not relevant 412 to the employee’s capacity to perform his or her duties, except 413 as otherwise provided in this paragraph. Information that is 414 exempt shall include, but is not limited to, information 415 relating to workers’ compensation, insurance benefits, and 416 retirement or disability benefits. 417 g. Upon an employee’s entrance into the employee assistance 418 program, a program to assist any employee who has a behavioral 419 or medical disorder, substance abuse problem, or emotional 420 difficulty which affects the employee’s job performance, all 421 records relative to that participation shall be confidential and 422 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 423 of the State Constitution, except as otherwise provided in s. 424 112.0455(11). 425 h. Information relating to negotiations for financing, 426 reinsurance, depopulation, or contractual services, until the 427 conclusion of the negotiations. 428 i. Minutes of closed meetings regarding underwriting files, 429 and minutes of closed meetings regarding an open claims file 430 until termination of all litigation and settlement of all claims 431 with regard to that claim, except that information otherwise 432 confidential or exempt by law shall be redacted. 433 2. If an authorized insurer is considering underwriting a 434 risk insured by the corporation, relevant underwriting files and 435 confidential claims files may be released to the insurer 436 provided the insurer agrees in writing, notarized and under 437 oath, to maintain the confidentiality of such files. If a file 438 is transferred to an insurer, that file is no longer a public 439 record because it is not held by an agency subject to the 440 provisions of the public records law. Underwriting files and 441 confidential claims files may also be released to staff and the 442 board of governors of the market assistance plan established 443 pursuant to s. 627.3515, who must retain the confidentiality of 444 such files, except such files may be released to authorized 445 insurers that are considering assuming the risks to which the 446 files apply, provided the insurer agrees in writing, notarized 447 and under oath, to maintain the confidentiality of such files. 448 Finally, the corporation or the board or staff of the market 449 assistance plan may make the following information obtained from 450 underwriting files and confidential claims files available to 451 licensed general lines insurance agents: name, address, and 452 telephone number of the residential property owner or insured; 453 location of the risk; rating information; loss history; and 454 policy type. The receiving licensed general lines insurance 455 agent must retain the confidentiality of the information 456 received and may use the information only for the purposes of 457 developing a take-out plan to be submitted to the office for 458 approval or otherwise analyzing the underwriting of a risk or 459 risks insured by the corporation on behalf of the private 460 insurance market. The licensed general lines agent and an 461 insurer receiving information under this subparagraph may not 462 use the information for the direct solicitation of 463 policyholders. An entity that has obtained a permit to become an 464 authorized insurer, a reinsurer, a reinsurance broker, or a 465 modeling company may receive the information available to a 466 licensed general lines agent for the sole purpose of analyzing 467 risks for underwriting in the private insurance market and must 468 retain the confidentiality of the information received. Such 469 entities may not use the information for the direct solicitation 470 of policyholders. 471 3. A policyholder who has filed suit against the 472 corporation has the right to discover the contents of his or her 473 own claims file to the same extent that discovery of such 474 contents would be available from a private insurer in litigation 475 as provided by the Florida Rules of Civil Procedure, the Florida 476 Evidence Code, and other applicable law. Pursuant to subpoena, a 477 third party has the right to discover the contents of an 478 insured’s or applicant’s underwriting or claims file to the same 479 extent that discovery of such contents would be available from a 480 private insurer by subpoena as provided by the Florida Rules of 481 Civil Procedure, the Florida Evidence Code, and other applicable 482 law, and subject to any confidentiality protections requested by 483 the corporation and agreed to by the seeking party or ordered by 484 the court. The corporation may release confidential underwriting 485 and claims file contents and information as it deems necessary 486 and appropriate to underwrite or service insurance policies and 487 claims, subject to any confidentiality protections deemed 488 necessary and appropriate by the corporation. 489 4. Portions of meetings of the corporation are exempt from 490 the provisions of s. 286.011 and s. 24(b), Art. I of the State 491 Constitution wherein confidential underwriting files or 492 confidential open claims files are discussed. All portions of 493 corporation meetings which are closed to the public shall be 494 recorded by a court reporter. The court reporter shall record 495 the times of commencement and termination of the meeting, all 496 discussion and proceedings, the names of all persons present at 497 any time, and the names of all persons speaking. No portion of 498 any closed meeting shall be off the record. Subject to the 499 provisions hereof and s. 119.07(1)(d)-(f), the court reporter’s 500 notes of any closed meeting shall be retained by the corporation 501 for a minimum of 5 years. A copy of the transcript, less any 502 exempt matters, of any closed meeting wherein claims are 503 discussed shall become public as to individual claims after 504 settlement of the claim. 505 (ii) The corporation shall revise the programs adopted 506 pursuant to sub-subparagraph (6)(q)3.a. to maximize policyholder 507 options and encourage increased participation by insurers and 508 agents. 509 1. After January 1, 2016, such revisions must include a 510 process by which policyholders are informed if one or more 511 insurers demonstrate an interest in taking out that policy from 512 the corporation. This demonstration of interest must include the 513 amount of the estimated premium, a description of the coverage, 514 including an explanation of differences, and a comparison of the 515 estimated premium and coverage offered by the insurer to the 516 estimated premium and coverage provided by the corporation. The 517 corporation shall develop a uniform format for the estimated 518 premium and coverage information required by this subparagraph. 519 After January 1, 2016, a policy may not be taken out from the 520 corporation unless the provisions of this subparagraph are met. 521 2. A policyholder may elect not to be solicited for take 522 out offers more than once in a 6-month period. 523 3. A policyholder whose policy was taken out by an insurer 524 in the previous 36 months is considered a renewal policyholder 525 under s. 627.3518 if the corporation determines that the insurer 526 continues to insure the policyholder and that the initial 527 premium of the insurer exceeded its estimated premium by more 528 than 10 percent or the insurer increased the rate on the policy 529 in excess of the increase allowed for the corporation under 530 subparagraph (6)(n)6. 531 532 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 533 And the directory clause is amended as follows: 534 Delete lines 16 - 17 535 and insert: 536 Section 1. Paragraphs (c) and (x) of subsection (6) of 537 section 627.351, Florida Statutes, are amended, and paragraph 538 (ii) is added to that subsection, to read: 539 540 ================= T I T L E A M E N D M E N T ================ 541 And the title is amended as follows: 542 Delete lines 2 - 11 543 and insert: 544 An act relating to operations of the Citizens Property 545 Insurance Corporation; amending s. 627.351, F.S.; 546 specifying that a consumer representative appointed by 547 the Governor to the Citizens Property Insurance 548 Corporation’s board of governors is not prohibited 549 from practicing in a certain profession if required or 550 permitted by law or ordinance; authorizing the use of 551 specified information by certain entities in analyzing 552 risks and prohibiting the use of such information for 553 the direct solicitation of policyholders; requiring 554 the take-out program to be revised for specified 555 purposes; requiring policyholders after a specified 556 date to receive certain information relating to a 557 demonstration of interest to insure by private 558 insurers; requiring the corporation to develop uniform 559 formats for certain information; allowing a 560 policyholder to elect to limit the frequency of 561 solicitations for take-out offers; providing 562 circumstances under which a policyholder whose policy 563 was taken out to be considered a renewal policyholder 564 for certain rate increase purposes; providing an