Florida Senate - 2016                                    SB 1630
       
       
        
       By Senator Flores
       
       37-00166B-16                                          20161630__
    1                        A bill to be entitled                      
    2         An act relating to operations of the Citizens Property
    3         Insurance Corporation; amending s. 627.0655, F.S.;
    4         revising certain policyholder loss or expense-related
    5         premium discounts; amending s. 627.351, F.S.;
    6         specifying that a consumer representative appointed by
    7         the Governor to the Citizens Property Insurance
    8         Corporation’s board of governors is not prohibited
    9         from practicing in a certain profession if required or
   10         permitted by law or ordinance; revising the
   11         requirements for licensed agents of the corporation;
   12         revising a provision to permit specified information
   13         from certain underwriting and claims files to be made
   14         available to authorized insurers, rather than licensed
   15         general lines insurance agents; providing requirements
   16         and limitations for the use of such information by
   17         certain entities; requiring the take-out program to be
   18         revised for specified purposes by a specified date;
   19         prohibiting an insurer from taking out policies after
   20         such date except under certain conditions; requiring
   21         the corporation to schedule up to a certain number of
   22         cycles annually during which insurers may identify and
   23         submit policy take-out requests; specifying
   24         information required to be included in such requests;
   25         providing conditions that must be agreed to by
   26         insurers submitting a request; requiring the
   27         corporation to maintain and make available specified
   28         lists of insurers to its agents of record; requiring
   29         the corporation, through its agents of record, to
   30         provide policyholders with a notice regarding their
   31         policy renewal options; specifying information
   32         required to be included in the notice; providing that
   33         a policyholder who accepts a take-out offer during a
   34         specified time is considered a renewal policyholder
   35         under certain circumstances; providing an effective
   36         date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 627.0655, Florida Statutes, is amended
   41  to read:
   42         627.0655 Policyholder loss or expense-related premium
   43  discounts.—An insurer or person authorized to engage in the
   44  business of insurance in this state may include, in the premium
   45  charged an insured for any policy, contract, or certificate of
   46  insurance, a discount based on the fact that another policy,
   47  contract, or certificate of any type has been purchased by the
   48  insured from the same insurer or insurer group, the Citizens
   49  Property Insurance Corporation created under s. 627.351(6) if
   50  the same insurance agent is servicing both policies, or an
   51  insurer that has removed the policy from the Citizens Property
   52  Insurance Corporation if the same insurance agent is servicing
   53  both policies.
   54         Section 2. Paragraphs (c) and (x) of subsection (6) of
   55  section 627.351, Florida Statutes, are amended, and paragraph
   56  (ii) is added to that subsection, to read:
   57         627.351 Insurance risk apportionment plans.—
   58         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   59         (c) The corporation’s plan of operation:
   60         1. Must provide for adoption of residential property and
   61  casualty insurance policy forms and commercial residential and
   62  nonresidential property insurance forms, which must be approved
   63  by the office before use. The corporation shall adopt the
   64  following policy forms:
   65         a. Standard personal lines policy forms that are
   66  comprehensive multiperil policies providing full coverage of a
   67  residential property equivalent to the coverage provided in the
   68  private insurance market under an HO-3, HO-4, or HO-6 policy.
   69         b. Basic personal lines policy forms that are policies
   70  similar to an HO-8 policy or a dwelling fire policy that provide
   71  coverage meeting the requirements of the secondary mortgage
   72  market, but which is more limited than the coverage under a
   73  standard policy.
   74         c. Commercial lines residential and nonresidential policy
   75  forms that are generally similar to the basic perils of full
   76  coverage obtainable for commercial residential structures and
   77  commercial nonresidential structures in the admitted voluntary
   78  market.
   79         d. Personal lines and commercial lines residential property
   80  insurance forms that cover the peril of wind only. The forms are
   81  applicable only to residential properties located in areas
   82  eligible for coverage under the coastal account referred to in
   83  sub-subparagraph (b)2.a.
   84         e. Commercial lines nonresidential property insurance forms
   85  that cover the peril of wind only. The forms are applicable only
   86  to nonresidential properties located in areas eligible for
   87  coverage under the coastal account referred to in sub
   88  subparagraph (b)2.a.
   89         f. The corporation may adopt variations of the policy forms
   90  listed in sub-subparagraphs a.-e. which contain more restrictive
   91  coverage.
   92         g. Effective January 1, 2013, the corporation shall offer a
   93  basic personal lines policy similar to an HO-8 policy with
   94  dwelling repair based on common construction materials and
   95  methods.
   96         2. Must provide that the corporation adopt a program in
   97  which the corporation and authorized insurers enter into quota
   98  share primary insurance agreements for hurricane coverage, as
   99  defined in s. 627.4025(2)(a), for eligible risks, and adopt
  100  property insurance forms for eligible risks which cover the
  101  peril of wind only.
  102         a. As used in this subsection, the term:
  103         (I) “Quota share primary insurance” means an arrangement in
  104  which the primary hurricane coverage of an eligible risk is
  105  provided in specified percentages by the corporation and an
  106  authorized insurer. The corporation and authorized insurer are
  107  each solely responsible for a specified percentage of hurricane
  108  coverage of an eligible risk as set forth in a quota share
  109  primary insurance agreement between the corporation and an
  110  authorized insurer and the insurance contract. The
  111  responsibility of the corporation or authorized insurer to pay
  112  its specified percentage of hurricane losses of an eligible
  113  risk, as set forth in the agreement, may not be altered by the
  114  inability of the other party to pay its specified percentage of
  115  losses. Eligible risks that are provided hurricane coverage
  116  through a quota share primary insurance arrangement must be
  117  provided policy forms that set forth the obligations of the
  118  corporation and authorized insurer under the arrangement,
  119  clearly specify the percentages of quota share primary insurance
  120  provided by the corporation and authorized insurer, and
  121  conspicuously and clearly state that the authorized insurer and
  122  the corporation may not be held responsible beyond their
  123  specified percentage of coverage of hurricane losses.
  124         (II) “Eligible risks” means personal lines residential and
  125  commercial lines residential risks that meet the underwriting
  126  criteria of the corporation and are located in areas that were
  127  eligible for coverage by the Florida Windstorm Underwriting
  128  Association on January 1, 2002.
  129         b. The corporation may enter into quota share primary
  130  insurance agreements with authorized insurers at corporation
  131  coverage levels of 90 percent and 50 percent.
  132         c. If the corporation determines that additional coverage
  133  levels are necessary to maximize participation in quota share
  134  primary insurance agreements by authorized insurers, the
  135  corporation may establish additional coverage levels. However,
  136  the corporation’s quota share primary insurance coverage level
  137  may not exceed 90 percent.
  138         d. Any quota share primary insurance agreement entered into
  139  between an authorized insurer and the corporation must provide
  140  for a uniform specified percentage of coverage of hurricane
  141  losses, by county or territory as set forth by the corporation
  142  board, for all eligible risks of the authorized insurer covered
  143  under the agreement.
  144         e. Any quota share primary insurance agreement entered into
  145  between an authorized insurer and the corporation is subject to
  146  review and approval by the office. However, such agreement shall
  147  be authorized only as to insurance contracts entered into
  148  between an authorized insurer and an insured who is already
  149  insured by the corporation for wind coverage.
  150         f. For all eligible risks covered under quota share primary
  151  insurance agreements, the exposure and coverage levels for both
  152  the corporation and authorized insurers shall be reported by the
  153  corporation to the Florida Hurricane Catastrophe Fund. For all
  154  policies of eligible risks covered under such agreements, the
  155  corporation and the authorized insurer must maintain complete
  156  and accurate records for the purpose of exposure and loss
  157  reimbursement audits as required by fund rules. The corporation
  158  and the authorized insurer shall each maintain duplicate copies
  159  of policy declaration pages and supporting claims documents.
  160         g. The corporation board shall establish in its plan of
  161  operation standards for quota share agreements which ensure that
  162  there is no discriminatory application among insurers as to the
  163  terms of the agreements, pricing of the agreements, incentive
  164  provisions if any, and consideration paid for servicing policies
  165  or adjusting claims.
  166         h. The quota share primary insurance agreement between the
  167  corporation and an authorized insurer must set forth the
  168  specific terms under which coverage is provided, including, but
  169  not limited to, the sale and servicing of policies issued under
  170  the agreement by the insurance agent of the authorized insurer
  171  producing the business, the reporting of information concerning
  172  eligible risks, the payment of premium to the corporation, and
  173  arrangements for the adjustment and payment of hurricane claims
  174  incurred on eligible risks by the claims adjuster and personnel
  175  of the authorized insurer. Entering into a quota sharing
  176  insurance agreement between the corporation and an authorized
  177  insurer is voluntary and at the discretion of the authorized
  178  insurer.
  179         3. May provide that the corporation may employ or otherwise
  180  contract with individuals or other entities to provide
  181  administrative or professional services that may be appropriate
  182  to effectuate the plan. The corporation may borrow funds by
  183  issuing bonds or by incurring other indebtedness, and shall have
  184  other powers reasonably necessary to effectuate the requirements
  185  of this subsection, including, without limitation, the power to
  186  issue bonds and incur other indebtedness in order to refinance
  187  outstanding bonds or other indebtedness. The corporation may
  188  seek judicial validation of its bonds or other indebtedness
  189  under chapter 75. The corporation may issue bonds or incur other
  190  indebtedness, or have bonds issued on its behalf by a unit of
  191  local government pursuant to subparagraph (q)2. in the absence
  192  of a hurricane or other weather-related event, upon a
  193  determination by the corporation, subject to approval by the
  194  office, that such action would enable it to efficiently meet the
  195  financial obligations of the corporation and that such
  196  financings are reasonably necessary to effectuate the
  197  requirements of this subsection. The corporation may take all
  198  actions needed to facilitate tax-free status for such bonds or
  199  indebtedness, including formation of trusts or other affiliated
  200  entities. The corporation may pledge assessments, projected
  201  recoveries from the Florida Hurricane Catastrophe Fund, other
  202  reinsurance recoverables, policyholder surcharges and other
  203  surcharges, and other funds available to the corporation as
  204  security for bonds or other indebtedness. In recognition of s.
  205  10, Art. I of the State Constitution, prohibiting the impairment
  206  of obligations of contracts, it is the intent of the Legislature
  207  that no action be taken whose purpose is to impair any bond
  208  indenture or financing agreement or any revenue source committed
  209  by contract to such bond or other indebtedness.
  210         4. Must require that the corporation operate subject to the
  211  supervision and approval of a board of governors consisting of
  212  nine individuals who are residents of this state and who are
  213  from different geographical areas of the state, one of whom is
  214  appointed by the Governor and serves solely to advocate on
  215  behalf of the consumer. The appointment of a consumer
  216  representative by the Governor is deemed to be within the scope
  217  of the exemption provided in s. 112.313(7)(b) and is in addition
  218  to the appointments authorized under sub-subparagraph a.
  219         a. The Governor, the Chief Financial Officer, the President
  220  of the Senate, and the Speaker of the House of Representatives
  221  shall each appoint two members of the board. At least one of the
  222  two members appointed by each appointing officer must have
  223  demonstrated expertise in insurance and be deemed to be within
  224  the scope of the exemption provided in s. 112.313(7)(b). The
  225  Chief Financial Officer shall designate one of the appointees as
  226  chair. All board members serve at the pleasure of the appointing
  227  officer. All members of the board are subject to removal at will
  228  by the officers who appointed them. All board members, including
  229  the chair, must be appointed to serve for 3-year terms beginning
  230  annually on a date designated by the plan. However, for the
  231  first term beginning on or after July 1, 2009, each appointing
  232  officer shall appoint one member of the board for a 2-year term
  233  and one member for a 3-year term. A board vacancy shall be
  234  filled for the unexpired term by the appointing officer. The
  235  Chief Financial Officer shall appoint a technical advisory group
  236  to provide information and advice to the board in connection
  237  with the board’s duties under this subsection. The executive
  238  director and senior managers of the corporation shall be engaged
  239  by the board and serve at the pleasure of the board. Any
  240  executive director appointed on or after July 1, 2006, is
  241  subject to confirmation by the Senate. The executive director is
  242  responsible for employing other staff as the corporation may
  243  require, subject to review and concurrence by the board.
  244         b. The board shall create a Market Accountability Advisory
  245  Committee to assist the corporation in developing awareness of
  246  its rates and its customer and agent service levels in
  247  relationship to the voluntary market insurers writing similar
  248  coverage.
  249         (I) The members of the advisory committee consist of the
  250  following 11 persons, one of whom must be elected chair by the
  251  members of the committee: four representatives, one appointed by
  252  the Florida Association of Insurance Agents, one by the Florida
  253  Association of Insurance and Financial Advisors, one by the
  254  Professional Insurance Agents of Florida, and one by the Latin
  255  American Association of Insurance Agencies; three
  256  representatives appointed by the insurers with the three highest
  257  voluntary market share of residential property insurance
  258  business in the state; one representative from the Office of
  259  Insurance Regulation; one consumer appointed by the board who is
  260  insured by the corporation at the time of appointment to the
  261  committee; one representative appointed by the Florida
  262  Association of Realtors; and one representative appointed by the
  263  Florida Bankers Association. All members shall be appointed to
  264  3-year terms and may serve for consecutive terms.
  265         (II) The committee shall report to the corporation at each
  266  board meeting on insurance market issues which may include rates
  267  and rate competition with the voluntary market; service,
  268  including policy issuance, claims processing, and general
  269  responsiveness to policyholders, applicants, and agents; and
  270  matters relating to depopulation.
  271         5. Must provide a procedure for determining the eligibility
  272  of a risk for coverage, as follows:
  273         a. Subject to s. 627.3517, with respect to personal lines
  274  residential risks, if the risk is offered coverage from an
  275  authorized insurer at the insurer’s approved rate under a
  276  standard policy including wind coverage or, if consistent with
  277  the insurer’s underwriting rules as filed with the office, a
  278  basic policy including wind coverage, for a new application to
  279  the corporation for coverage, the risk is not eligible for any
  280  policy issued by the corporation unless the premium for coverage
  281  from the authorized insurer is more than 15 percent greater than
  282  the premium for comparable coverage from the corporation.
  283  Whenever an offer of coverage for a personal lines residential
  284  risk is received for a policyholder of the corporation at
  285  renewal from an authorized insurer, if the offer is equal to or
  286  less than the corporation’s renewal premium for comparable
  287  coverage, the risk is not eligible for coverage with the
  288  corporation. If the risk is not able to obtain such offer, the
  289  risk is eligible for a standard policy including wind coverage
  290  or a basic policy including wind coverage issued by the
  291  corporation; however, if the risk could not be insured under a
  292  standard policy including wind coverage regardless of market
  293  conditions, the risk is eligible for a basic policy including
  294  wind coverage unless rejected under subparagraph 8. However, a
  295  policyholder removed from the corporation through an assumption
  296  agreement remains eligible for coverage from the corporation
  297  until the end of the assumption period. The corporation shall
  298  determine the type of policy to be provided on the basis of
  299  objective standards specified in the underwriting manual and
  300  based on generally accepted underwriting practices.
  301         (I) If the risk accepts an offer of coverage through the
  302  market assistance plan or through a mechanism established by the
  303  corporation other than a plan established by s. 627.3518, before
  304  a policy is issued to the risk by the corporation or during the
  305  first 30 days of coverage by the corporation, and the producing
  306  agent who submitted the application to the plan or to the
  307  corporation is not currently appointed by the insurer, the
  308  insurer shall:
  309         (A) Pay to the producing agent of record of the policy for
  310  the first year, an amount that is the greater of the insurer’s
  311  usual and customary commission for the type of policy written or
  312  a fee equal to the usual and customary commission of the
  313  corporation; or
  314         (B) Offer to allow the producing agent of record of the
  315  policy to continue servicing the policy for at least 1 year and
  316  offer to pay the agent the greater of the insurer’s or the
  317  corporation’s usual and customary commission for the type of
  318  policy written.
  319  
  320  If the producing agent is unwilling or unable to accept
  321  appointment, the new insurer shall pay the agent in accordance
  322  with sub-sub-sub-subparagraph (A).
  323         (II) If the corporation enters into a contractual agreement
  324  for a take-out plan, the producing agent of record of the
  325  corporation policy is entitled to retain any unearned commission
  326  on the policy, and the insurer shall:
  327         (A) Pay to the producing agent of record, for the first
  328  year, an amount that is the greater of the insurer’s usual and
  329  customary commission for the type of policy written or a fee
  330  equal to the usual and customary commission of the corporation;
  331  or
  332         (B) Offer to allow the producing agent of record to
  333  continue servicing the policy for at least 1 year and offer to
  334  pay the agent the greater of the insurer’s or the corporation’s
  335  usual and customary commission for the type of policy written.
  336  
  337  If the producing agent is unwilling or unable to accept
  338  appointment, the new insurer shall pay the agent in accordance
  339  with sub-sub-sub-subparagraph (A).
  340         b. With respect to commercial lines residential risks, for
  341  a new application to the corporation for coverage, if the risk
  342  is offered coverage under a policy including wind coverage from
  343  an authorized insurer at its approved rate, the risk is not
  344  eligible for a policy issued by the corporation unless the
  345  premium for coverage from the authorized insurer is more than 15
  346  percent greater than the premium for comparable coverage from
  347  the corporation. Whenever an offer of coverage for a commercial
  348  lines residential risk is received for a policyholder of the
  349  corporation at renewal from an authorized insurer, if the offer
  350  is equal to or less than the corporation’s renewal premium for
  351  comparable coverage, the risk is not eligible for coverage with
  352  the corporation. If the risk is not able to obtain any such
  353  offer, the risk is eligible for a policy including wind coverage
  354  issued by the corporation. However, a policyholder removed from
  355  the corporation through an assumption agreement remains eligible
  356  for coverage from the corporation until the end of the
  357  assumption period.
  358         (I) If the risk accepts an offer of coverage through the
  359  market assistance plan or through a mechanism established by the
  360  corporation other than a plan established by s. 627.3518, before
  361  a policy is issued to the risk by the corporation or during the
  362  first 30 days of coverage by the corporation, and the producing
  363  agent who submitted the application to the plan or the
  364  corporation is not currently appointed by the insurer, the
  365  insurer shall:
  366         (A) Pay to the producing agent of record of the policy, for
  367  the first year, an amount that is the greater of the insurer’s
  368  usual and customary commission for the type of policy written or
  369  a fee equal to the usual and customary commission of the
  370  corporation; or
  371         (B) Offer to allow the producing agent of record of the
  372  policy to continue servicing the policy for at least 1 year and
  373  offer to pay the agent the greater of the insurer’s or the
  374  corporation’s usual and customary commission for the type of
  375  policy written.
  376  
  377  If the producing agent is unwilling or unable to accept
  378  appointment, the new insurer shall pay the agent in accordance
  379  with sub-sub-sub-subparagraph (A).
  380         (II) If the corporation enters into a contractual agreement
  381  for a take-out plan, the producing agent of record of the
  382  corporation policy is entitled to retain any unearned commission
  383  on the policy, and the insurer shall:
  384         (A) Pay to the producing agent of record, for the first
  385  year, an amount that is the greater of the insurer’s usual and
  386  customary commission for the type of policy written or a fee
  387  equal to the usual and customary commission of the corporation;
  388  or
  389         (B) Offer to allow the producing agent of record to
  390  continue servicing the policy for at least 1 year and offer to
  391  pay the agent the greater of the insurer’s or the corporation’s
  392  usual and customary commission for the type of policy written.
  393  
  394  If the producing agent is unwilling or unable to accept
  395  appointment, the new insurer shall pay the agent in accordance
  396  with sub-sub-sub-subparagraph (A).
  397         c. For purposes of determining comparable coverage under
  398  sub-subparagraphs a. and b., the comparison must be based on
  399  those forms and coverages that are reasonably comparable. The
  400  corporation may rely on a determination of comparable coverage
  401  and premium made by the producing agent who submits the
  402  application to the corporation, made in the agent’s capacity as
  403  the corporation’s agent. A comparison may be made solely of the
  404  premium with respect to the main building or structure only on
  405  the following basis: the same coverage A or other building
  406  limits; the same percentage hurricane deductible that applies on
  407  an annual basis or that applies to each hurricane for commercial
  408  residential property; the same percentage of ordinance and law
  409  coverage, if the same limit is offered by both the corporation
  410  and the authorized insurer; the same mitigation credits, to the
  411  extent the same types of credits are offered both by the
  412  corporation and the authorized insurer; the same method for loss
  413  payment, such as replacement cost or actual cash value, if the
  414  same method is offered both by the corporation and the
  415  authorized insurer in accordance with underwriting rules; and
  416  any other form or coverage that is reasonably comparable as
  417  determined by the board. If an application is submitted to the
  418  corporation for wind-only coverage in the coastal account, the
  419  premium for the corporation’s wind-only policy plus the premium
  420  for the ex-wind policy that is offered by an authorized insurer
  421  to the applicant must be compared to the premium for multiperil
  422  coverage offered by an authorized insurer, subject to the
  423  standards for comparison specified in this subparagraph. If the
  424  corporation or the applicant requests from the authorized
  425  insurer a breakdown of the premium of the offer by types of
  426  coverage so that a comparison may be made by the corporation or
  427  its agent and the authorized insurer refuses or is unable to
  428  provide such information, the corporation may treat the offer as
  429  not being an offer of coverage from an authorized insurer at the
  430  insurer’s approved rate.
  431         6. Must include rules for classifications of risks and
  432  rates.
  433         7. Must provide that if premium and investment income for
  434  an account attributable to a particular calendar year are in
  435  excess of projected losses and expenses for the account
  436  attributable to that year, such excess shall be held in surplus
  437  in the account. Such surplus must be available to defray
  438  deficits in that account as to future years and used for that
  439  purpose before assessing assessable insurers and assessable
  440  insureds as to any calendar year.
  441         8. Must provide objective criteria and procedures to be
  442  uniformly applied to all applicants in determining whether an
  443  individual risk is so hazardous as to be uninsurable. In making
  444  this determination and in establishing the criteria and
  445  procedures, the following must be considered:
  446         a. Whether the likelihood of a loss for the individual risk
  447  is substantially higher than for other risks of the same class;
  448  and
  449         b. Whether the uncertainty associated with the individual
  450  risk is such that an appropriate premium cannot be determined.
  451  
  452  The acceptance or rejection of a risk by the corporation shall
  453  be construed as the private placement of insurance, and the
  454  provisions of chapter 120 do not apply.
  455         9. Must provide that the corporation make its best efforts
  456  to procure catastrophe reinsurance at reasonable rates, to cover
  457  its projected 100-year probable maximum loss as determined by
  458  the board of governors.
  459         10. The policies issued by the corporation must provide
  460  that if the corporation or the market assistance plan obtains an
  461  offer from an authorized insurer to cover the risk at its
  462  approved rates, the risk is no longer eligible for renewal
  463  through the corporation, except as otherwise provided in this
  464  subsection.
  465         11. Corporation policies and applications must include a
  466  notice that the corporation policy could, under this section, be
  467  replaced with a policy issued by an authorized insurer which
  468  does not provide coverage identical to the coverage provided by
  469  the corporation. The notice must also specify that acceptance of
  470  corporation coverage creates a conclusive presumption that the
  471  applicant or policyholder is aware of this potential.
  472         12. May establish, subject to approval by the office,
  473  different eligibility requirements and operational procedures
  474  for any line or type of coverage for any specified county or
  475  area if the board determines that such changes are justified due
  476  to the voluntary market being sufficiently stable and
  477  competitive in such area or for such line or type of coverage
  478  and that consumers who, in good faith, are unable to obtain
  479  insurance through the voluntary market through ordinary methods
  480  continue to have access to coverage from the corporation. If
  481  coverage is sought in connection with a real property transfer,
  482  the requirements and procedures may not provide an effective
  483  date of coverage later than the date of the closing of the
  484  transfer as established by the transferor, the transferee, and,
  485  if applicable, the lender.
  486         13. Must provide that, with respect to the coastal account,
  487  any assessable insurer with a surplus as to policyholders of $25
  488  million or less writing 25 percent or more of its total
  489  countrywide property insurance premiums in this state may
  490  petition the office, within the first 90 days of each calendar
  491  year, to qualify as a limited apportionment company. A regular
  492  assessment levied by the corporation on a limited apportionment
  493  company for a deficit incurred by the corporation for the
  494  coastal account may be paid to the corporation on a monthly
  495  basis as the assessments are collected by the limited
  496  apportionment company from its insureds, but a limited
  497  apportionment company must begin collecting the regular
  498  assessments not later than 90 days after the regular assessments
  499  are levied by the corporation, and the regular assessments must
  500  be paid in full within 15 months after being levied by the
  501  corporation. A limited apportionment company shall collect from
  502  its policyholders any emergency assessment imposed under sub
  503  subparagraph (b)3.d. The plan must provide that, if the office
  504  determines that any regular assessment will result in an
  505  impairment of the surplus of a limited apportionment company,
  506  the office may direct that all or part of such assessment be
  507  deferred as provided in subparagraph (q)4. However, an emergency
  508  assessment to be collected from policyholders under sub
  509  subparagraph (b)3.d. may not be limited or deferred.
  510         14. Must provide that the corporation appoint as its
  511  licensed agents only those agents who throughout such
  512  appointments also hold an appointment as defined in s.
  513  626.015(3) by with an insurer who at the time of the agent’s
  514  initial appointment by the corporation is authorized to write
  515  and is actually writing or renewing personal lines residential
  516  property coverage, commercial residential property coverage, or
  517  commercial nonresidential property coverage within the state.
  518         15. Must provide a premium payment plan option to its
  519  policyholders which, at a minimum, allows for quarterly and
  520  semiannual payment of premiums. A monthly payment plan may, but
  521  is not required to, be offered.
  522         16. Must limit coverage on mobile homes or manufactured
  523  homes built before 1994 to actual cash value of the dwelling
  524  rather than replacement costs of the dwelling.
  525         17. Must provide coverage for manufactured or mobile home
  526  dwellings. Such coverage must also include the following
  527  attached structures:
  528         a. Screened enclosures that are aluminum framed or screened
  529  enclosures that are not covered by the same or substantially the
  530  same materials as those of the primary dwelling;
  531         b. Carports that are aluminum or carports that are not
  532  covered by the same or substantially the same materials as those
  533  of the primary dwelling; and
  534         c. Patios that have a roof covering that is constructed of
  535  materials that are not the same or substantially the same
  536  materials as those of the primary dwelling.
  537  
  538  The corporation shall make available a policy for mobile homes
  539  or manufactured homes for a minimum insured value of at least
  540  $3,000.
  541         18. May provide such limits of coverage as the board
  542  determines, consistent with the requirements of this subsection.
  543         19. May require commercial property to meet specified
  544  hurricane mitigation construction features as a condition of
  545  eligibility for coverage.
  546         20. Must provide that new or renewal policies issued by the
  547  corporation on or after January 1, 2012, which cover sinkhole
  548  loss do not include coverage for any loss to appurtenant
  549  structures, driveways, sidewalks, decks, or patios that are
  550  directly or indirectly caused by sinkhole activity. The
  551  corporation shall exclude such coverage using a notice of
  552  coverage change, which may be included with the policy renewal,
  553  and not by issuance of a notice of nonrenewal of the excluded
  554  coverage upon renewal of the current policy.
  555         21. As of January 1, 2012, must require that the agent
  556  obtain from an applicant for coverage from the corporation an
  557  acknowledgment signed by the applicant, which includes, at a
  558  minimum, the following statement:
  559                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  560                      AND ASSESSMENT LIABILITY:                    
  561         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  562  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  563  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  564  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  565  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  566  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  567  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  568  LEGISLATURE.
  569         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
  570  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
  571  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
  572  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
  573  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
  574  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
  575  ARE REGULATED AND APPROVED BY THE STATE.
  576         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  577  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  578  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  579  FLORIDA LEGISLATURE.
  580         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  581  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  582  STATE OF FLORIDA.
  583         a. The corporation shall maintain, in electronic format or
  584  otherwise, a copy of the applicant’s signed acknowledgment and
  585  provide a copy of the statement to the policyholder as part of
  586  the first renewal after the effective date of this subparagraph.
  587         b. The signed acknowledgment form creates a conclusive
  588  presumption that the policyholder understood and accepted his or
  589  her potential surcharge and assessment liability as a
  590  policyholder of the corporation.
  591         (x)1. The following records of the corporation are
  592  confidential and exempt from the provisions of s. 119.07(1) and
  593  s. 24(a), Art. I of the State Constitution:
  594         a. Underwriting files, except that a policyholder or an
  595  applicant shall have access to his or her own underwriting
  596  files. Confidential and exempt underwriting file records may
  597  also be released to other governmental agencies upon written
  598  request and demonstration of need; such records held by the
  599  receiving agency remain confidential and exempt as provided
  600  herein.
  601         b. Claims files, until termination of all litigation and
  602  settlement of all claims arising out of the same incident,
  603  although portions of the claims files may remain exempt, as
  604  otherwise provided by law. Confidential and exempt claims file
  605  records may be released to other governmental agencies upon
  606  written request and demonstration of need; such records held by
  607  the receiving agency remain confidential and exempt as provided
  608  herein.
  609         c. Records obtained or generated by an internal auditor
  610  pursuant to a routine audit, until the audit is completed, or if
  611  the audit is conducted as part of an investigation, until the
  612  investigation is closed or ceases to be active. An investigation
  613  is considered “active” while the investigation is being
  614  conducted with a reasonable, good faith belief that it could
  615  lead to the filing of administrative, civil, or criminal
  616  proceedings.
  617         d. Matters reasonably encompassed in privileged attorney
  618  client communications.
  619         e. Proprietary information licensed to the corporation
  620  under contract and the contract provides for the confidentiality
  621  of such proprietary information.
  622         f. All information relating to the medical condition or
  623  medical status of a corporation employee which is not relevant
  624  to the employee’s capacity to perform his or her duties, except
  625  as otherwise provided in this paragraph. Information that is
  626  exempt shall include, but is not limited to, information
  627  relating to workers’ compensation, insurance benefits, and
  628  retirement or disability benefits.
  629         g. Upon an employee’s entrance into the employee assistance
  630  program, a program to assist any employee who has a behavioral
  631  or medical disorder, substance abuse problem, or emotional
  632  difficulty that which affects the employee’s job performance,
  633  all records relative to that participation shall be confidential
  634  and exempt from the provisions of s. 119.07(1) and s. 24(a),
  635  Art. I of the State Constitution, except as otherwise provided
  636  in s. 112.0455(11).
  637         h. Information relating to negotiations for financing,
  638  reinsurance, depopulation, or contractual services, until the
  639  conclusion of the negotiations.
  640         i. Minutes of closed meetings regarding underwriting files,
  641  and minutes of closed meetings regarding an open claims file
  642  until termination of all litigation and settlement of all claims
  643  with regard to that claim, except that information otherwise
  644  confidential or exempt by law shall be redacted.
  645         2. If an authorized insurer is considering underwriting a
  646  risk insured by the corporation, relevant underwriting files and
  647  confidential claims files may be released to the insurer
  648  provided the insurer agrees in writing, notarized and under
  649  oath, to maintain the confidentiality of such files. If a file
  650  is transferred to an insurer, that file is no longer a public
  651  record because it is not held by an agency subject to the
  652  provisions of the public records law. Underwriting files and
  653  confidential claims files may also be released to staff and the
  654  board of governors of the market assistance plan established
  655  pursuant to s. 627.3515, who must retain the confidentiality of
  656  such files, except such files may be released to authorized
  657  insurers that are considering assuming the risks to which the
  658  files apply, provided the insurer agrees in writing, notarized
  659  and under oath, to maintain the confidentiality of such files.
  660  Finally, the corporation or the board or staff of the market
  661  assistance plan may make the following information obtained from
  662  underwriting files and confidential claims files available to
  663  authorized insurers licensed general lines insurance agents:
  664  name, address, and telephone number of the residential property
  665  owner or insured; location of the risk; rating information; loss
  666  history; and policy type. The receiving authorized insurer
  667  licensed general lines insurance agent must retain the
  668  confidentiality of the information received and may use the
  669  information only for the purposes of developing a take-out plan
  670  to be submitted to the office for approval or otherwise
  671  analyzing the underwriting of a risk or risks insured by the
  672  corporation on behalf of the private insurance market. The
  673  authorized insurer receiving information under this subparagraph
  674  may not use the information for the direct solicitation of
  675  policyholders. An entity that has obtained a permit to become an
  676  authorized insurer, a reinsurer, a reinsurance broker, or a
  677  modeling company may receive the information available under
  678  this subparagraph for the sole purpose of analyzing risks for
  679  underwriting in the private insurance market and must retain the
  680  confidentiality of the information received. Such entities may
  681  not use the information for the direct solicitation of
  682  policyholders.
  683         3. A policyholder who has filed suit against the
  684  corporation has the right to discover the contents of his or her
  685  own claims file to the same extent that discovery of such
  686  contents would be available from a private insurer in litigation
  687  as provided by the Florida Rules of Civil Procedure, the Florida
  688  Evidence Code, and other applicable law. Pursuant to subpoena, a
  689  third party has the right to discover the contents of an
  690  insured’s or applicant’s underwriting or claims file to the same
  691  extent that discovery of such contents would be available from a
  692  private insurer by subpoena as provided by the Florida Rules of
  693  Civil Procedure, the Florida Evidence Code, and other applicable
  694  law, and subject to any confidentiality protections requested by
  695  the corporation and agreed to by the seeking party or ordered by
  696  the court. The corporation may release confidential underwriting
  697  and claims file contents and information as it deems necessary
  698  and appropriate to underwrite or service insurance policies and
  699  claims, subject to any confidentiality protections deemed
  700  necessary and appropriate by the corporation.
  701         4. Portions of meetings of the corporation are exempt from
  702  the provisions of s. 286.011 and s. 24(b), Art. I of the State
  703  Constitution wherein confidential underwriting files or
  704  confidential open claims files are discussed. All portions of
  705  corporation meetings which are closed to the public shall be
  706  recorded by a court reporter. The court reporter shall record
  707  the times of commencement and termination of the meeting, all
  708  discussion and proceedings, the names of all persons present at
  709  any time, and the names of all persons speaking. No portion of
  710  any closed meeting shall be off the record. Subject to the
  711  provisions hereof and s. 119.07(1)(d)-(f), the court reporter’s
  712  notes of any closed meeting shall be retained by the corporation
  713  for a minimum of 5 years. A copy of the transcript, less any
  714  exempt matters, of any closed meeting wherein claims are
  715  discussed shall become public as to individual claims after
  716  settlement of the claim.
  717         (ii) The corporation shall revise the programs adopted
  718  pursuant to sub-subparagraph (q)3.a. to maximize policyholder
  719  options and encourage increased participation by insurers and
  720  agents. No later than January 1, 2017, such revisions must
  721  comply with this paragraph.
  722         1. The corporation must schedule no more than 3 cycles per
  723  year during which insurers may identify policies they wish to
  724  take out and may submit requests to take out such policies to
  725  the corporation in a form and manner prescribed by rule. An
  726  insurer’s take-out request must include a description of the
  727  coverages offered and an estimated premium. In submitting any
  728  take-out request, an insurer must agree that:
  729         a. The initial premium of the insurer will not exceed its
  730  estimated premium by more than 10 percent, excluding coverage
  731  changes and assessments.
  732         b. The insurer will provide coverage comparable to that
  733  offered by the corporation and may use the same policy form used
  734  by the corporation for any take-out policies for 3 full renewal
  735  cycles.
  736         2. For each policy of the corporation identified under
  737  subparagraph 1., the corporation shall maintain and make
  738  available to the agent of record a consolidated list of all
  739  insurers requesting the policy. The list must contain the
  740  information described in subparagraph 1.
  741         3. The corporation shall provide written notice to its
  742  policyholders and the agents of record informing them of their
  743  option to accept one of the take-out offers presented or to
  744  remain with the corporation. The notice must be in a format
  745  prescribed by rule and include the amount of the estimated
  746  premium for the coverage of each offering insurer, the amount of
  747  the premium for the coverage provided by the corporation, and a
  748  description of the coverage offered by each insurer and the
  749  coverage provided by the corporation, which includes an
  750  explanation of any differences among the coverage offered by
  751  each insurer and the coverage provided by the corporation.
  752         4. A policyholder who accepted a take-out offer by an
  753  insurer in the previous 36 months is considered a renewal
  754  policyholder under s. 627.3518 if the corporation determines
  755  that the insurer continues to insure the policyholder and failed
  756  to meet the requirements of sub-subparagraph 1.a., that the
  757  insurer nonrenewed the policyholder for reasons other than the
  758  nonpayment of premium, or that the insurer increased the rate on
  759  the policy in excess of the increase allowed for the corporation
  760  under subparagraph (n)6.
  761         Section 3. This act shall take effect July 1, 2016.