Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1728
Ì486560-Î486560
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/03/2022 .
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The Committee on Banking and Insurance (Boyd) recommended the
following:
1 Senate Amendment
2
3 Delete lines 483 - 549
4 and insert:
5 subparagraph 8. However, a policyholder removed from the
6 corporation through an assumption agreement remains eligible for
7 coverage from the corporation until the end of the assumption
8 period. The corporation shall determine the type of policy to be
9 provided on the basis of objective standards specified in the
10 underwriting manual and based on generally accepted underwriting
11 practices.
12 (I) If the risk accepts an offer of coverage through the
13 market assistance plan or through a mechanism established by the
14 corporation other than a plan established by s. 627.3518, before
15 a policy is issued to the risk by the corporation or during the
16 first 30 days of coverage by the corporation, and the producing
17 agent who submitted the application to the plan or to the
18 corporation is not currently appointed by the insurer, the
19 insurer shall:
20 (A) Pay to the producing agent of record of the policy for
21 the first year, an amount that is the greater of the insurer’s
22 usual and customary commission for the type of policy written or
23 a fee equal to the usual and customary commission of the
24 corporation; or
25 (B) Offer to allow the producing agent of record of the
26 policy to continue servicing the policy for at least 1 year and
27 offer to pay the agent the greater of the insurer’s or the
28 corporation’s usual and customary commission for the type of
29 policy written.
30
31 If the producing agent is unwilling or unable to accept
32 appointment, the new insurer shall pay the agent in accordance
33 with sub-sub-sub-subparagraph (A).
34 (II) If the corporation enters into a contractual agreement
35 for a take-out plan, the producing agent of record of the
36 corporation policy is entitled to retain any unearned commission
37 on the policy, and the insurer shall:
38 (A) Pay to the producing agent of record, for the first
39 year, an amount that is the greater of the insurer’s usual and
40 customary commission for the type of policy written or a fee
41 equal to the usual and customary commission of the corporation;
42 or
43 (B) Offer to allow the producing agent of record to
44 continue servicing the policy for at least 1 year and offer to
45 pay the agent the greater of the insurer’s or the corporation’s
46 usual and customary commission for the type of policy written.
47
48 If the producing agent is unwilling or unable to accept
49 appointment, the new insurer shall pay the agent in accordance
50 with sub-sub-sub-subparagraph (A).
51 b. With respect to commercial lines residential risks, for
52 a new application to the corporation for coverage, if the risk
53 is offered coverage under a policy including wind coverage from
54 an authorized insurer at its approved rate, the risk is not
55 eligible for a policy issued by the corporation unless the
56 premium for coverage from the authorized insurer is more than 20
57 15 percent greater than the premium for comparable coverage from
58 the corporation. Whenever an offer of coverage for a commercial
59 lines residential risk is received for a policyholder of the
60 corporation at renewal from an authorized insurer, if the offer
61 is equal to or less than the corporation’s renewal premium for
62 comparable coverage, the risk is not eligible for coverage with
63 the corporation unless the premium for coverage from the
64 authorized insurer is more than 20 percent greater than the
65 renewal premium for comparable coverage from the corporation. If
66 the risk is not able to obtain any such offer, the risk is
67 eligible for a policy including wind coverage issued by the
68 corporation. However, a policyholder removed from the
69 corporation through an assumption agreement remains eligible for
70 coverage from the corporation until the end of the assumption
71 period.