Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1028
       
       
       
       
       
       
                                Ì624532ÅÎ624532                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/15/2026           .                                
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       The Committee on Banking and Insurance (Gruters) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (oo) is added to subsection (6) of
    6  section 627.351, Florida Statutes, to read:
    7         627.351 Insurance risk apportionment plans.—
    8         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
    9         (oo)For commercial residential and commercial
   10  nonresidential risks, if an approved surplus lines clearinghouse
   11  insurer offers coverage under s. 627.3518(5)(c)2. and the total
   12  cost of such coverage is not more than 20 percent greater than
   13  the total cost of insurance coverage from the corporation, the
   14  corporation may not issue or renew coverage unless it imposes a
   15  premium equalization adjustment on such policy equal to the
   16  amount by which the total cost of insurance coverage offered by
   17  the approved surplus lines clearinghouse insurer exceeds the
   18  total cost of insurance coverage from the corporation. If the
   19  total cost of insurance from the approved surplus lines
   20  clearinghouse insurer does not exceed the total cost of
   21  corporation coverage, the corporation may not impose the premium
   22  equalization adjustment. If more than one approved surplus lines
   23  clearinghouse insurer offers coverage under s. 627.3518(5)(c)2.,
   24  the lowest offered total cost of insurance coverage applies for
   25  purposes of this paragraph. The total cost of insurance coverage
   26  includes, but is not limited to, the premium, fees, surcharges,
   27  and applicable taxes. A premium equalization adjustment applied
   28  pursuant to this paragraph expires at the end of the policy
   29  term.
   30         Section 2. Section 627.3518, Florida Statutes, is amended
   31  to read:
   32         627.3518 Citizens Property Insurance Corporation
   33  policyholder eligibility clearinghouse program.—The purpose of
   34  this section is to provide a framework for the corporation to
   35  implement a clearinghouse program by January 1, 2014.
   36         (1) As used in this section, the term:
   37         (a) Approved surplus lines clearinghouse insurer” means an
   38  eligible surplus lines insurer that has a financial strength
   39  rating of “A-” or higher and a financial size category of A-VII
   40  or higher from A.M. Best Company which the clearinghouse
   41  administrator recommends for participation in the program and
   42  which the office verifies meets the requirements for
   43  participation in the program within 5 business days after the
   44  commercial lines clearinghouse administrator’s recommendation.
   45         (b)“Commercial lines clearinghouse administrator” means
   46  the individual or entity employed or otherwise contracted by the
   47  corporation to provide administrative or professional services
   48  to implement the commercial lines clearinghouse required
   49  pursuant to subparagraph (2)(b)1. within the corporation as set
   50  forth in paragraph (3)(b).
   51         (c) “Corporation” means Citizens Property Insurance
   52  Corporation.
   53         (d)(b) “Exclusive agent” means any licensed insurance agent
   54  that has, by contract, agreed to act exclusively for one company
   55  or group of affiliated insurance companies and is disallowed by
   56  the provisions of that contract to directly write for any other
   57  unaffiliated insurer absent express consent from the company or
   58  group of affiliated insurance companies.
   59         (e)(c) “Independent agent” means any licensed insurance
   60  agent not described in paragraph (d) (b).
   61         (f)“Primary residence” has the same meaning as in s.
   62  627.351(6)(c)2.a.
   63         (g)(d) “Program” means the clearinghouse created under this
   64  section, consisting of the personal lines clearinghouse and the
   65  commercial lines clearinghouse.
   66         (h)“Surplus lines agent” means an insurance agent licensed
   67  pursuant to s. 626.927 or s. 626.9272.
   68         (2)(a)The corporation shall establish a personal lines
   69  clearinghouse in order to confirm an applicant’s eligibility
   70  with the corporation, and to enhance access of new applicants
   71  for personal lines coverage and existing personal lines
   72  policyholders of the corporation to offers of coverage from
   73  authorized insurers, and the corporation shall establish a
   74  program for personal residential risks in order to facilitate
   75  the diversion of ineligible applicants and existing
   76  policyholders from the corporation into the voluntary insurance
   77  market.
   78         (b)1. The corporation shall implement on or before January
   79  1, 2027, a commercial lines clearinghouse in order to enhance
   80  access to offers of coverage from approved surplus lines
   81  clearinghouse insurers for new applicants for commercial
   82  residential coverage and commercial nonresidential coverage and
   83  existing commercial residential and commercial nonresidential
   84  policyholders of the corporation.
   85         2.To facilitate the diversion of ineligible applicants and
   86  existing policyholders from the corporation to authorized
   87  insurers, the corporation may shall also develop and implement a
   88  separate commercial lines clearinghouse to confirm eligibility
   89  with the corporation and to enhance access to offers of such
   90  coverage from authorized insurers for new applicants for
   91  commercial residential or commercial nonresidential coverage and
   92  existing commercial residential and commercial nonresidential
   93  policyholders of the corporation appropriate procedures for
   94  facilitating the diversion of ineligible applicants and existing
   95  policyholders for commercial residential coverage into the
   96  private insurance market and shall report such procedures to the
   97  President of the Senate and the Speaker of the House of
   98  Representatives by January 1, 2014.
   99         (3) The corporation board shall establish the clearinghouse
  100  program as an organizational unit within the corporation. The
  101  program shall have all the rights and responsibilities in
  102  carrying out its duties as a licensed general lines agent and a
  103  surplus lines agent, but may not be required to employ or engage
  104  a licensed general lines agent or a surplus lines agent, or to
  105  maintain an insurance agency license to carry out its activities
  106  in the solicitation and placement of insurance coverage. In
  107  establishing the program, the corporation has all of the
  108  following rights and responsibilities may:
  109         (a) May require all new applications for personal lines
  110  coverage, and all personal lines policies due for renewal, to be
  111  submitted for coverage to the program in order to facilitate
  112  obtaining an offer of coverage from an authorized insurer or, if
  113  the risk is a commercial risk, shall require all new
  114  applications for commercial lines coverage, and all commercial
  115  lines policies due for renewal, to be initially submitted for
  116  coverage through the commercial clearinghouse as a single point
  117  of intake for both the corporation and the program in order to
  118  facilitate obtaining an offer of coverage from an approved
  119  surplus lines clearinghouse insurer, before binding or renewing
  120  coverage by the corporation.
  121         (b) Shall establish and maintain the operational systems
  122  and procedures necessary to implement the program.
  123         (c)May employ or otherwise contract with individuals or
  124  other entities for appropriate administrative or professional
  125  services to effectuate the plan within the corporation in
  126  accordance with the applicable purchasing requirements under s.
  127  627.351 and, for purposes of implementing the commercial lines
  128  clearinghouse and providing offers of coverage from approved
  129  surplus lines clearinghouse insurers on or before January 1,
  130  2027, contract with such individuals or entities in accordance
  131  with s. 287.057(3)(c).
  132         (d)(c)May enter into contracts with any authorized insurer
  133  and any approved surplus lines clearinghouse insurer to
  134  participate in the program and accept an appointment by such
  135  insurer.
  136         (e)(d)May provide funds to operate the program. Insurers
  137  and agents participating in the program are not required to pay
  138  a fee to offset or partially offset the cost of the program or
  139  use the program for renewal of policies initially written
  140  through the clearinghouse. Notwithstanding this paragraph, any
  141  commercial lines clearinghouse administrator may charge approved
  142  surplus lines clearinghouse insurers and surplus lines agents
  143  participating in the program reasonable transaction, technology,
  144  administration, and other similar fees.
  145         (f)(e)May develop an enhanced application that includes
  146  information to assist private insurers in determining whether to
  147  make an offer of coverage through the program.
  148         (g)(f) For personal lines residential risks, may require
  149  that, before approving all new applications for coverage by the
  150  corporation, that every application be subject to a period of 2
  151  business days when any insurer participating in the program may
  152  select the application for coverage. For commercial lines
  153  residential and commercial lines nonresidential risks, the
  154  corporation may require, before approving all new applications
  155  for commercial lines coverage by the corporation, that every
  156  application be subject to a period of 5 business days when any
  157  insurer participating in the program may select the application
  158  for coverage. The insurer may issue a binder on any policy
  159  selected for coverage for a period of at least 30 days but not
  160  more than 60 days.
  161         (h)Shall, in creating the commercial lines clearinghouse,
  162  establish criteria to determine the capabilities necessary for
  163  the commercial lines clearinghouse administrator. For
  164  facilitating offers of surplus lines coverage, such criteria
  165  must include confirmed expertise in the surplus lines market, at
  166  least 5 years of publicly available audited financial
  167  statements, the ability to facilitate all approved surplus lines
  168  clearinghouse insurers to participate in the commercial lines
  169  clearinghouse on terms established by the corporation, and other
  170  criteria that the corporation determines necessary to
  171  effectively establish, administer, and manage offers of surplus
  172  lines coverage through the commercial lines clearinghouse.
  173         (i)Shall select a commercial lines clearinghouse
  174  administrator within 90 days after the effective date of this
  175  act.
  176         (j)May allow the commercial lines clearinghouse
  177  administrator to establish procedures and account clearance
  178  requirements the commercial lines clearinghouse administrator
  179  deems necessary to ensure an orderly process for offers of
  180  coverage to be provided by approved surplus lines clearinghouse
  181  insurers participating in the commercial lines clearinghouse and
  182  to avoid multiple offers of coverage from the same insurer for
  183  the same risk.
  184         (k)Must submit to the commercial lines clearinghouse
  185  administrator its coverage terms and conditions, deductible
  186  structures, and its unalterable indicated total cost of
  187  insurance coverage, which must include, but is not limited to,
  188  the premium, fees, surcharges, and applicable taxes for the
  189  subject risk before any approved surplus lines clearinghouse
  190  insurer is provided a submission for coverage pursuant to the
  191  program by any applicant for new coverage from the corporation
  192  or any policyholder of the corporation. The commercial lines
  193  clearinghouse administrator shall provide the corporation’s
  194  unalterable indicated coverage terms and conditions and
  195  deductible structures, but may not provide the indicated total
  196  cost of corporation insurance coverage, to the approved surplus
  197  lines clearinghouse insurers participating in the program. The
  198  commercial lines clearinghouse administrator shall then use the
  199  corporation’s unalterable indication to determine whether any
  200  offers of coverage from approved surplus lines clearinghouse
  201  insurers satisfy the requirements set forth in s. 627.351(6)(oo)
  202  and subparagraph (5)(c)2. The corporation may not bind or
  203  otherwise communicate, indicate, or make an offer of coverage to
  204  an applicant or policyholder, or its agent, or otherwise accept
  205  coverage until 5 business days have elapsed from the date that
  206  it provided its unalterable indication to the commercial lines
  207  clearinghouse administrator unless the time limit is waived in
  208  writing. Any change to the corporation’s coverage terms and
  209  conditions, deductible structures, or indicated total cost of
  210  insurance coverage constitutes a new submission by the
  211  corporation under this paragraph. The validation period
  212  described in this paragraph applies regardless of any proposed
  213  effective date, renewal date, or expiration date of the policy
  214  and may not be shortened or bypassed based on timing
  215  considerations relating to binding or renewal.
  216         (4) Any authorized insurer may participate in the program;
  217  however, participation is not mandatory for any insurer.
  218  Approved surplus lines clearinghouse insurers may participate in
  219  the commercial lines clearinghouse but may not participate in
  220  the personal lines clearinghouse; however, participation in the
  221  program is not mandatory for any surplus lines insurer. Insurers
  222  making offers of coverage to new applicants or renewal
  223  policyholders through the program:
  224         (a) May not be required to individually appoint any agent
  225  whose customer is underwritten and bound through the program.
  226  Notwithstanding s. 626.112, insurers are not required to appoint
  227  any agent on a policy underwritten through the program for as
  228  long as that policy remains with the insurer. Insurers may, at
  229  their election, appoint any agent or surplus lines agent whose
  230  direct or indirect customer is initially underwritten and bound
  231  through the program. In the event an insurer accepts a policy
  232  from an agent who is not appointed pursuant to this paragraph,
  233  and thereafter elects to accept a policy from such agent, the
  234  provisions of s. 626.112 requiring appointment apply to the
  235  agent.
  236         (b) Must enter into a limited agency agreement with each
  237  agent or surplus lines agent that is not appointed in accordance
  238  with paragraph (a) and whose direct or indirect customer is
  239  underwritten and bound through the program. In addition, a
  240  surplus lines agent that enters into a limited agency or broker
  241  agreement with an approved surplus lines clearinghouse insurer
  242  making an offer of coverage through the program must also enter
  243  into a limited agency or broker agreement with each producing
  244  agent whose customer is underwritten and bound through the
  245  program.
  246         (c) Must enter into its standard agency agreement with each
  247  agent or surplus lines agent whose direct or indirect customer
  248  is underwritten and bound through the program when that agent or
  249  surplus lines agent has been appointed by the insurer pursuant
  250  to s. 626.112. In addition, a surplus lines agent that enters
  251  into a limited agency or broker agreement with an approved
  252  surplus lines clearinghouse insurer making an offer of coverage
  253  through the program must also enter into a limited agency or
  254  broker agreement with each producing agent whose customer is
  255  underwritten and bound through the program.
  256         (d) Must comply with s. 627.4133(2) or, if the insurer is
  257  an approved surplus lines clearinghouse insurer, s. 626.9201.
  258         (e) May participate through their single-designated
  259  managing general agent or broker or surplus lines agent;
  260  however, the provisions of paragraph (6)(a) regarding ownership,
  261  control, and use of the expirations continue to apply.
  262         (f) For authorized insurers, must pay to the producing
  263  agent a commission equal to that paid by the corporation or the
  264  usual and customary commission paid by the insurer for that line
  265  of business, whichever is greater.
  266         (g)For approved surplus lines clearinghouse insurers, when
  267  coverage is placed through the clearinghouse with an approved
  268  surplus lines clearinghouse insurer, must pay a total commission
  269  or equivalent compensation on gross written premium, exclusive
  270  of fees, surcharges, and taxes, to the surplus lines agent,
  271  managing general agent, or managing general underwriter placing
  272  the risk. The surplus lines agent, managing general agent, or
  273  managing general underwriter must pay the producing agent a
  274  commission that results in an effective commission percentage at
  275  least equal to the commission percentage published by the
  276  corporation and in effect on January 1, 2026, calculated in the
  277  same manner and on the same basis used by the corporation, and
  278  shall retain the remainder of the total commission or equivalent
  279  compensation. This paragraph does not prohibit an agent from
  280  voluntarily accepting a lower commission at the agent’s sole
  281  discretion. As used in this paragraph, the term “effective
  282  commission percentage” means the commission expressed as a
  283  percentage of premium, exclusive of all fees, assessments,
  284  surcharges, and taxes.
  285         (5)(a) Notwithstanding s. 627.3517, any applicant for new
  286  personal lines coverage from the corporation is not eligible for
  287  coverage from the corporation if provided an offer of comparable
  288  coverage from an authorized insurer through the program at a
  289  premium that is at or below the eligibility threshold for
  290  applicants for new coverage of a primary residence established
  291  in s. 627.351(6)(c)5.a., or for applicants for new coverage of a
  292  risk that is not a primary residence established in s.
  293  627.351(6)(c)5.b. Whenever an offer of comparable coverage for a
  294  personal lines risk is received for a policyholder of the
  295  corporation at renewal from an authorized insurer through the
  296  program which is at or below the eligibility threshold for
  297  primary residences of policyholders of the corporation
  298  established in s. 627.351(6)(c)5.a., or the eligibility
  299  threshold for risks that are not primary residences of
  300  policyholders of the corporation established in s.
  301  627.351(6)(c)5.b., the risk is not eligible for coverage with
  302  the corporation. In the event an offer of coverage for a new
  303  applicant is received from an authorized insurer through the
  304  program, and the premium offered exceeds the eligibility
  305  threshold for applicants for new coverage of a primary residence
  306  established in s. 627.351(6)(c)5.a., or the eligibility
  307  threshold for applicants for new coverage on a risk that is not
  308  a primary residence established in s. 627.351(6)(c)5.b., the
  309  applicant or insured may elect to accept such coverage, or may
  310  elect to accept or continue coverage with the corporation. In
  311  the event an offer of coverage for a personal lines risk is
  312  received from an authorized insurer at renewal through the
  313  program, and the premium offered exceeds the eligibility
  314  threshold for primary residences of policyholders of the
  315  corporation established in s. 627.351(6)(c)5.a., or exceeds the
  316  eligibility threshold for risks that are not primary residences
  317  of policyholders of the corporation established in s.
  318  627.351(6)(c)5.b., the insured may elect to accept such
  319  coverage, or may elect to accept or continue coverage with the
  320  corporation. Section 627.351(6)(c)5.a.(I) and b.(I) does not
  321  apply to an offer of coverage from an authorized insurer
  322  obtained through the program. As used in this subsection, the
  323  term “primary residence” has the same meaning as in s.
  324  627.351(6)(c)2.a.
  325         (b)Any applicant for new commercial lines residential
  326  coverage from the corporation is not eligible for coverage from
  327  the corporation if provided an offer of comparable coverage from
  328  an authorized insurer through the program at a premium that is
  329  at or below the eligibility threshold for applicants for new
  330  coverage established in s. 627.351(6)(c)5.c. Whenever an offer
  331  of comparable coverage for a commercial lines residential risk
  332  is received for a policyholder of the corporation at renewal
  333  from an authorized insurer through the program which is at or
  334  below the eligibility threshold in s. 627.351(6)(c)5.c., the
  335  risk is not eligible for coverage from the corporation. In the
  336  event that an offer of coverage for a new applicant is received
  337  from an authorized insurer through the program, and the premium
  338  offered exceeds the eligibility threshold established in s.
  339  627.351(6)(c)5.c., the applicant or insured may elect to accept
  340  such coverage or may elect to accept or continue coverage with
  341  the corporation. In the event that an offer of coverage for a
  342  commercial lines residential risk is received from an authorized
  343  insurer at renewal through the program, and the premium offered
  344  exceeds the eligibility threshold for policyholders of the
  345  corporation established in s. 627.351(6)(c)5.c., the insured may
  346  elect to accept such coverage or may elect to accept or continue
  347  coverage with the corporation. Section 627.351(6)(c)5.c.(I) does
  348  not apply to an offer of coverage from an authorized insurer
  349  obtained through the program.
  350         (c)1.Except as provided in subparagraph 2., any applicant
  351  for new commercial lines residential coverage or commercial
  352  lines nonresidential coverage from the corporation and any
  353  policyholder of the corporation, when such applicant or
  354  corporation policyholder is offered commercial lines residential
  355  or commercial lines nonresidential coverage pursuant to the
  356  program by an approved surplus lines clearinghouse insurer,
  357  remains eligible for coverage from the corporation. The
  358  applicant or policyholder receiving an offer from an approved
  359  surplus lines clearinghouse insurer may elect to accept such
  360  coverage or may elect to accept or continue coverage with the
  361  corporation.
  362         2.Any applicant for new commercial lines residential
  363  coverage or commercial lines nonresidential coverage from the
  364  corporation and any policyholder of the corporation, when such
  365  applicant or corporation policyholder is offered commercial
  366  lines residential or commercial lines nonresidential coverage by
  367  an approved surplus lines insurer pursuant to the program and
  368  such offered coverage has material terms and conditions that are
  369  substantially equivalent to or better than coverage from the
  370  corporation as to all aspects of such coverage, as determined by
  371  the corporation through the clearinghouse process and applicable
  372  program standards, and the total cost of such insurance coverage
  373  is not more than 20 percent greater than the total cost of
  374  insurance coverage from the corporation, may elect to accept
  375  such coverage from the approved surplus lines clearinghouse
  376  insurer or may elect to accept or continue coverage with the
  377  corporation, but, if electing corporation coverage, such
  378  applicant or policyholder must pay a premium for corporation
  379  coverage that is subject to s. 627.351(6)(oo).
  380         3.Section 627.351(6)(c)5.c.(I) does not apply to an offer
  381  of coverage from an approved surplus lines clearinghouse insurer
  382  obtained through the program.
  383         (6) Independent insurance agents submitting new
  384  applications for coverage or that are the agent of record on a
  385  renewal policy submitted to the program:
  386         (a) Are granted and must maintain ownership and the
  387  exclusive use of expirations, records, or other written or
  388  electronic information directly related to such applications or
  389  renewals written through the corporation or through an insurer
  390  participating in the program, notwithstanding s. 627.351(5)(a),
  391  s. 627.351(6)(c)5.a.(I)(B) and (II)(B), or s.
  392  627.351(6)(c)5.b.(I)(B) and (II)(B). Such ownership is granted
  393  for as long as the insured remains with the agency or until sold
  394  or surrendered in writing by the agent. Contracts with the
  395  corporation or required by the corporation or with any insurer
  396  or surplus lines agent may must not amend, modify, interfere
  397  with, or limit such rights of ownership. Such expirations,
  398  records, or other written or electronic information may be used
  399  to review an application, issue a policy, or for any other
  400  purpose necessary for placing such business through the program.
  401         (b) May not be required to be appointed by any insurer
  402  participating in the program for policies written solely through
  403  the program, notwithstanding the provisions of s. 626.112.
  404         (c) May accept an appointment from any insurer
  405  participating in the program.
  406         (d) May enter into either a standard or limited agency
  407  agreement with the insurer, at the insurer’s option, and may
  408  enter into agreements with a surplus lines agent.
  409  
  410  Applicants ineligible for coverage in accordance with subsection
  411  (5) remain ineligible if their independent agent is unwilling or
  412  unable to enter into a standard or limited agency agreement with
  413  an insurer participating in the program.
  414         (7) Exclusive agents submitting new applications for
  415  coverage or that are the agent of record on a renewal policy
  416  submitted to the program:
  417         (a) Must maintain ownership and the exclusive use of
  418  expirations, records, or other written or electronic information
  419  directly related to such applications or renewals written
  420  through the corporation or through an insurer participating in
  421  the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
  422  (II)(B) or s. 627.351(6)(c)5.b.(I)(B) and (II)(B). Contracts
  423  with the corporation or required by the corporation must not
  424  amend, modify, interfere with, or limit such rights of
  425  ownership. Such expirations, records, or other written or
  426  electronic information may be used to review an application,
  427  issue a policy, or for any other purpose necessary for placing
  428  such business through the program.
  429         (b) May not be required to be appointed by any insurer
  430  participating in the program for policies written solely through
  431  the program, notwithstanding the provisions of s. 626.112.
  432         (c) Must only facilitate the placement of an offer of
  433  coverage from an insurer whose limited servicing agreement is
  434  approved by that exclusive agent’s exclusive insurer.
  435         (d) May enter into a limited servicing agreement with the
  436  insurer making an offer of coverage, and only after the
  437  exclusive agent’s insurer has approved the limited servicing
  438  agreement terms. The exclusive agent’s insurer must approve a
  439  limited service agreement for the program for any insurer for
  440  which it has approved a service agreement for other purposes.
  441  
  442  Applicants ineligible for coverage in accordance with subsection
  443  (5) remain ineligible if their exclusive agent is unwilling or
  444  unable to enter into a standard or limited agency agreement with
  445  an insurer making an offer of coverage to that applicant.
  446         (8) Submission of an application for coverage by the
  447  corporation to the program does not constitute the binding of
  448  coverage by the corporation, and failure of the program to
  449  obtain an offer of coverage by an insurer may not be considered
  450  acceptance of coverage of the risk by the corporation.
  451         (9) The 45-day notice of nonrenewal requirement set forth
  452  in s. 627.4133(2)(b)5. applies when a policy is nonrenewed by
  453  the corporation because the risk has received an offer of
  454  coverage pursuant to this section which renders the risk
  455  ineligible for coverage by the corporation.
  456         (10) The program may not include commercial nonresidential
  457  policies.
  458         (11) Proprietary business information provided to the
  459  corporation’s clearinghouse by insurers with respect to
  460  identifying and selecting risks for an offer of coverage is
  461  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  462  of the State Constitution.
  463         (a) As used in this subsection, the term “proprietary
  464  business information” means information, regardless of form or
  465  characteristics, which is owned or controlled by an insurer and:
  466         1. Is identified by the insurer as proprietary business
  467  information and is intended to be and is treated by the insurer
  468  as private in that the disclosure of the information would cause
  469  harm to the insurer, an individual, or the company’s business
  470  operations and has not been disclosed unless disclosed pursuant
  471  to a statutory requirement, an order of a court or
  472  administrative body, or a private agreement that provides that
  473  the information will not be released to the public;
  474         2. Is not otherwise readily ascertainable or publicly
  475  available by proper means by other persons from another source
  476  in the same configuration as provided to the clearinghouse; and
  477         3. Includes:
  478         a. Trade secrets, as defined in s. 688.002.
  479         b. Information relating to competitive interests, the
  480  disclosure of which would impair the competitive business of the
  481  provider of the information.
  482  
  483  Proprietary business information may be found in underwriting
  484  criteria or instructions which are used to identify and select
  485  risks through the program for an offer of coverage and are
  486  shared with the clearinghouse to facilitate the shopping of
  487  risks with the insurer.
  488         (b) The clearinghouse may disclose confidential and exempt
  489  proprietary business information:
  490         1. If the insurer to which it pertains gives prior written
  491  consent;
  492         2. Pursuant to a court order; or
  493         3. To another state agency in this or another state or to a
  494  federal agency if the recipient agrees in writing to maintain
  495  the confidential and exempt status of the document, material, or
  496  other information and has verified in writing its legal
  497  authority to maintain such confidentiality.
  498         Section 3. This act shall take effect upon becoming a law.
  499  
  500  ================= T I T L E  A M E N D M E N T ================
  501  And the title is amended as follows:
  502         Delete everything before the enacting clause
  503  and insert:
  504                        A bill to be entitled                      
  505         An act relating to the Citizens Property Insurance
  506         Corporation; amending s. 627.351, F.S.; prohibiting
  507         the corporation from issuing or renewing coverage for
  508         commercial residential and commercial nonresidential
  509         risks under certain circumstances; prohibiting the
  510         corporation from imposing a premium equalization
  511         adjustment under certain circumstances; providing
  512         applicability; specifying the components of the total
  513         cost of insurance coverage; specifying that certain
  514         adjustments expire at a specified time; amending s.
  515         627.3518, F.S.; deleting an obsolete provision;
  516         defining terms; revising the definition of the term
  517         “program”; requiring the corporation to establish a
  518         personal lines clearinghouse for specified purposes;
  519         requiring, on or before a specified date, the
  520         corporation to implement a commercial lines
  521         clearinghouse for a specified purpose; authorizing the
  522         corporation to develop and implement a separate
  523         commercial lines clearinghouse for specified purposes;
  524         deleting obsolete provisions; revising the program’s
  525         rights and responsibilities; revising the rights and
  526         responsibilities the corporation has in establishing
  527         the program; authorizing approved surplus lines
  528         clearinghouse insurers to participate in the
  529         commercial lines clearinghouse; prohibiting such
  530         insurers from participating in the personal lines
  531         clearinghouse; specifying that participation in the
  532         program is not mandatory for such insurers; revising
  533         prohibitions and requirements for insurers making
  534         offers of coverage to new applicants or renewal
  535         policyholders through the program; providing
  536         construction; defining the term “effective commission
  537         percentage”; specifying that applicants for new
  538         commercial lines residential coverage are not eligible
  539         for coverage from the corporation under certain
  540         circumstances; specifying the circumstances under
  541         which policyholders of the corporation are not
  542         eligible for new commercial lines residential coverage
  543         from the corporation; authorizing applicants or
  544         insureds to elect to accept coverage with authorized
  545         insurers or elect to accept or continue coverage with
  546         the corporation under certain circumstances;
  547         authorizing insureds to elect to accept coverage with
  548         specified insurers or elect to accept or continue
  549         coverage with the corporation under certain
  550         circumstances; providing applicability; specifying
  551         that certain applicants and policyholders remain
  552         eligible for coverage from the corporation;
  553         authorizing such applicants and policyholders to elect
  554         to accept coverage from clearinghouse insurers or
  555         elect to accept or continue coverage with the
  556         corporation; authorizing certain applicants and
  557         policyholders of the corporation to elect to accept
  558         coverage from clearinghouse insurers or elect to
  559         accept or continue coverage with the corporation;
  560         requiring such applicants or policyholders to pay a
  561         specified total cost of insurance for corporation
  562         coverage; providing applicability; revising the rights
  563         and authorizations for certain independent insurance
  564         agents; deleting a prohibition relating to commercial
  565         nonresidential policies; providing an effective date.