Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1006
       
       
       
       
       
       
                                Ì527578ZÎ527578                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2015           .                                
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       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