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House Staff Analysis: PCS for CS/HB 1503 Citizens Property Insurance Corporation (Commerce Committee)

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Congressional materials
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2024 3220 Commerce Committee Proposed Committee Bill Analyses Fn Pcs1503 Com
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2024 3220 Commerce Committee Proposed Committee Bill Analyses Fn Pcs1503 Com

Summary

A House of Representatives staff analysis of the PCS for CS/HB 1503, Citizens Property Insurance Corporation, sponsored by the Commerce Committee and dated 2/21/2024. It states that the bill permits surplus lines insurers to take out Citizens policies on dwellings that are not primary residences, and makes such risks ineligible for Citizens coverage for three years after a qualifying surplus lines offer. It also states that policyholders required to buy flood insurance would need only dwelling coverage, and that the bill removes statutory language made obsolete by combining Citizens' accounts into one Citizens Account as of January 1, 2024. The analysis describes Citizens' rates, eligibility and take-out rules, and reports no impact on state or local government revenues or expenditures. The bill is effective July 1, 2024, except as otherwise provided.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“House Staff Analysis: PCS for CS/HB 1503 Citizens Property Insurance Corporation (Commerce Committee).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bill-analyses-fn-pcs1503-com/, SHA-256 d7be52f5b998ccd0f9cd5645c12106af196096b7ee50f3802e7dae3ea9faee3f.

Full text

                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for CS/HB 1503   Citizens Property Insurance Corporation
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Commerce Committee                                                     Fortenberry        Hamon


                                           SUMMARY ANALYSIS
The bill makes various changes to Citizens Property Insurance Corporation (Citizens), including:

        Surplus Lines: permits surplus lines insurers to take out policies from Citizens issued to dwellings that
         are not primary residences; provides definitions to accomplish these take outs; establishes that new
         and renewal non-primary residential risks are not eligible for Citizens’ coverage for three years following
         a take-out offer if the risk is offered coverage by a surplus lines insurer at the insurer’s approved rate
         under a policy including wind coverage.

        Flood coverage: effective upon becoming law, requires Citizens’ policyholders who must purchase
         flood insurance as a condition of eligibility for Citizens’ coverage to purchase only dwelling coverage for
         a flood loss rather than dwelling and contents coverage.

        Combining Accounts: eliminates a significant amount of statutory language that is no longer needed
         because Citizens has combined the Personal Lines Account, the Commercial Lines Account, and the
         Coastal Account, into one Citizens Account, as of January 1, 2024.

        Operations and Management: allows Citizens’ executive director to appoint a designee to act as its
         agency head; allows Citizens to share information with NICB to assist in efforts to fight insurance fraud;
         allows Citizens to obtain patents, copyrights, and trademarks, and to enforce related rights.

The bill has no impact on local or state government revenues or expenditures. It has a likely indeterminate
positive and negative direct economic impact on the private sector.

Except as otherwise expressly provided, the bill is effective on July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1503.COM
DATE: 2/21/2024
                                                         FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         General Background

         Citizens Property Insurance Corporation (Citizens) is a not-for-profit, tax-exempt government entity that
         provides property insurance to those who are unable to find affordable coverage in the private market.
         Citizens was created to serve as Florida’s property insurer of last resort. 1 Applicants are eligible for
         coverage if no admitted private carrier2 will write them a policy for a premium that is within 20 percent
         greater than what Citizens would offer for comparable coverage. 3

         The policies that Citizens writes include the following:
             Standard Personal Lines Policies – comprehensive multiperil policies providing full coverage of
                residential property equivalent to the coverage provided in the private insurance market;
             Basic Personal Lines Policies – similar to dwelling fire policies that provide coverage meeting
                the requirements of the secondary mortgage market, but are more limited in coverage than
                under a standard policy;
             Commercial Lines Residential and Nonresidential Policies – generally similar to the basic perils
                of full coverage obtainable for commercial residential structures and commercial nonresidential
                structures in the private market;
             Personal Lines and Commercial Lines Residential Property Insurance Policies – cover the peril
                of wind only;
             Commercial Lines Nonresidential Property Insurance Policies – cover the peril of wind only.4

         Citizens’ Rates

         From 2007 until 2010, Citizens’ rates were frozen by statute at the level that had been established in
         2006. In 2010, the Legislature established a “glidepath” to impose annual rate increases up to a level
         that is actuarially sound. Under the original established glidepath, Citizens had to implement an annual
         rate increase which, except for sinkhole coverage, did not exceed 10 percent above the previous year
         for any individual policyholder, adjusted for coverage changes and surcharges. In 2021, the Legislature
         revised this glidepath to increase it one percentage point per year to 15 percent, as follows: 5
              11 percent for 2022.
              12 percent for 2023.
              13 percent for 2024.
              14 percent for 2025.
              15 percent for 2026 and all subsequent years.

         Citizens’ rate cap, also known as the “glidepath,” is not closing the gap between Citizens rates and
         private market rates. Instead, because of the rate cap and the increasing rates of private property
         insurance, the gap is growing and making Citizens more like a competitor to private insurers than an
         insurer of last resort. Because Citizens’ rates are often well below those of private carriers, Citizens
         may be more competitive than otherwise intended. Due to Citizens’ structure, its rates do not contain
         certain elements that the rates of private insurers contain. Citizens does not pay taxes like private
         insurers and does not need to purchase as much reinsurance as private insurers because of Citizens’
         higher levels of capital and surplus.6



1 Citizens Property Insurance Corporation (Citizens), Programs, https://www.citizensfla.com/programs (last visited Jan. 30, 2024).

2 The admitted market is comprised of insurance companies licenses to transact insurance in Florida.
3 S. 627.351(6)(c)5.a, F.S.
4 S. 627.351(6)(c)1., F.S.
5 S. 627.351(6)(n)5., F.S.
6 S. 627.351(6)(t), F.S. See also s. 627.351(6)(c)9. for information regarding Citizens purchase of reinsurance.

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DATE: 2/21/2024
           The implementation of this increase ceases when Citizens has achieved actuarially sound rates. 7 In
           addition to the overall glidepath rate increase, Citizens can increase its rates to recover the additional
           reimbursement premium it pays to the Florida Hurricane Catastrophe Fund (FHCF) as a result of the
           annual cash build-up factor added to the price of the mandatory layer of the FHCF coverage, pursuant
           to s. 215.555(5)(b), F.S.8

           In addition to eventually being actuarially sound, Citizens’ rates must not be competitive with approved
           rates charged by admitted insurers so that Citizens functions as a residual market to provide insurance
           only when it cannot be obtained from admitted insurers. 9 This eliminates localized rate reductions
           among Citizens policies. Additionally, OIR must provide Citizens with the information necessary to
           determine whether Citizens’ rates are competitive.10

           Until Special Session 2022A, in December 2022, Citizens’ rates did not differ based upon whether the
           property insured is a policyholders’ primary residence, a policyholder’s second home (e.g. a vacation
           home,) or occupied by a long-term tenant.11 However, the Legislature removed the glidepath rate
           limitations for any new or renewal personal lines policy for non-primary residences written on or after
           November 1, 2023.12 The rate for these residences rate must be no more than 50% above, but not less
           than, the established rate for Citizens which was in effect one year before the date of the application for
           coverage.13

           Eligibility for Coverage

           Current law requires Citizens to provide a procedure for determining the eligibility of a potential risk for
           coverage from Citizens, and specific eligibility requirements based on premium amounts, value of the
           property insured, and the location of the property. Risks not meeting the statutory eligibility
           requirements cannot be insured by Citizens. Citizens also has additional eligibility requirements set out
           in their underwriting rules. These rules are approved by OIR and set out in Citizens’ underwriting
           manuals.14

           Citizens may cover homes if the cost of replacing the dwelling, or the dwelling and its’ contents, is no
           more than $700,000. In Miami-Dade and Monroe counties, Citizens may insure structures valued up to
           $1 million as long as the Office of Insurance Regulation (OIR) continues to determine that these
           counties are not competitive.15

           Eligibility for Personal and Commercial Lines Residential Coverage at Renewal

           When Citizens’ personal lines residential or commercial lines residential policyholders receive offers of
           coverage at renewal from authorized insurers, the risks are not eligible for coverage from Citizens
           unless the premiums from the authorized insurers are more than 20 percent greater than the rate for
           comparable coverage from Citizens, inclusive of surcharges and assessments being levied on the
           policy by Citizens.16 The bill also establishes that policies removed from Citizens under an assumption
           agreement may remain on Citizen’s policy forms through the end of the policy term, but policy
           administration and liability transfers to the assuming insurer. 17

7 S. 627.351(6)(n)7., F.S.
8 S. 627.351(6)(n)6., F.S.
9 S. 627.351(6)(n)1., F.S.
10
     Id.
11 Citizens would not issue a personal lines policy to someone using a home as a short-term vacation rental as that is considered a

business use of the home. Citizens is currently prohibited from is suing wind-only policies to commercial lines residential condominiums
when 50 percent or more of the units in the condominium are rented more than eight times per calendar year for less than 30 d ays in
each rental period. S. 627.351(6)(a)6., F.S.
12 S. 627.351(6)(n)8., F.S.
13 Id.
14 See Citizens, Revised Underwriting Manuals, https://www.citizensfla.com/-/20160329-revised-underwriting-manuals (last visited Jan.

28, 2024).
15 S. 627.351(6)(a)3, F.S. If OIR makes a finding that other counties are not competitive, Citizens would be able to insure prope rties up

to $1 million in value in those counties, as well.
16 S. 627.351(6)(c)5., F.S.
17 Id.

STORAGE NAME: pcs1503.COM                                                                                                         PAGE: 3
DATE: 2/21/2024
         Eligibility after a Take-out Offer

         Florida law requires that Citizens create programs to help return its policyholders to the private property
         insurance market and to reduce the risk of additional assessments for all Floridians in the event that
         Citizens is unable to meet its obligations.18 In 2016, the Legislature passed requirements that by
         January 1, 2017, Citizens amend its operations relating to take-out agreements, whereby private
         insurers remove policies from Citizens.19 As part of these requirements, a policy may not be taken out
         of Citizens, unless Citizens:
              Publishes a periodic schedule of cycles during which an insurer may identify, and notify Citizens
                 of, policies the insurer requests to take out;20
              Maintains and makes available to the agent of record a consolidated list of all insurers
                 requesting to take out a policy; the list must include a description of the coverage offered and
                 the estimated premium for each take-out request;
              Provides written notice to the policyholder and the agent of record regarding all insurers
                 requesting to take-out the policy and regarding the policyholder’s option to accept a take-out
                 offer or to reject all take-out offers and to remain with Citizens. The notice must be in a format
                 prescribed by Citizens and include, for each take-out offer:
                      o The amount of the estimated premium;
                      o A description of coverage; and
                      o A comparison of the estimated premium and coverage offered by the insurer to the
                          estimated premium and coverage provided by Citizens. 21

         When Citizens’ policyholders receive take-out offers from authorized insurers that include premiums
         that are not more than 20 percent greater than Citizens’ renewal premium for comparable coverage,
         inclusive of surcharges and assessments being levied on the policy by Citizens, they are no longer
         eligible for Citizens’ coverage.22 Citizens’ must notify policyholders that they have received a take-out
         offer and that the offer renders their risks ineligible for Citizens’ coverage.23

         Effect of the Bill – Surplus Lines

         The bill permits surplus lines insurers to take out policies from Citizens that are written on dwellings that
         are not primary residences.24 The bill includes various definitions to assist Citizens with these take outs.
         While surplus lines insurers do not ordinarily have their rates approved by OIR, the bill requires these
         insurers to have rates approved for the purposes of their planned Citizens’ take outs.

         The bill also establishes that new and renewal non-primary residential risks are not eligible for Citizens’
         coverage for three years following an offer if the risk is offered coverage by a surplus lines insurer at
         the insurer’s approved rate under a policy including wind coverage.

         Flood Coverage Requirements

         Until Special Session 2022A, in December 2022, Citizens could not require a policyholder or applicant
         to obtain flood insurance as a condition of coverage from Citizens if a policyholder or applicant signs a
         form affirming that Citizens does not provide flood insurance coverage, and that, if the policyholder or
         applicant does not obtain flood coverage in addition to a policy from Citizens, the risk is not covered for
         flood damage.25 A Citizens policyholder who did not obtain flood coverage and executed such a form,


18 S. 627.351(6)(q)3.a., F.S.
19 Ch. 2016-229, Laws of Fla.
20 These requests from insurers must include a description of the coverage offered and an estimated premium for it and must be

submitted to Citizens in a form prescribed by Citizens.
21 S. 627.351(6)(ii), F.S.
22 Id.
23 Id.
24 Surplus lines insurance refers to a category of insurance for which the admitted market is unable or unwilling to provide coverage .

The administration of surplus lines insurance business is managed by the Florida Surplus Lines Service Office. S. 626.921, F. S.
25 See ch. 2022-271, Laws of Fla.

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         and who made a claim for water damage against Citizens, had the burden of proving the damage was
         not caused by flooding.26

         Under s. 627.715, F.S., authorized insurers may issue personal lines residential flood coverage. Such
         coverage includes, but is not limited to, standard flood insurance, which is equivalent to that provided
         by the National Flood Insurance Program (NFIP), and preferred and customized flood insurance, which
         provide additional coverage from that provided by standard flood coverage. 27

         In April 2023, Citizens began to require personal lines residential policyholders and applicants purchase
         and maintain flood insurance coverage that is at least equivalent to the coverage provided by the
         NFIP.28 The policyholder or applicant must execute a form affirming that Citizens does not provide flood
         insurance and that if the policyholder or applicant does not obtain flood insurance, his or her risk will not
         be eligible for coverage from Citizens.29 Citizens may deny coverage to a personal lines residential
         policyholder or applicant who refuses to purchase and maintain flood insurance. 30

         The purchase of flood coverage by personal lines residential policyholders and applicants has been
         implemented as follows:31
             The following Citizens’ policyholders are not required to purchase flood overage as a condition
                of maintain their Citizens policies:
                    o policyholders whose Citizens policies do not provide wind coverage; and
                    o policyholders whose Citizens policies provide coverage under a condominium unit
                       owners form.
             All policyholders whose Citizens-insured property is located within the special flood hazard area
                defined by the Federal Emergency Management Agency must have flood coverage in place:
                    o At the time of initial policy issuance for all new policies issued by Citizens on or after
                       April 1, 2023.
                    o By the time of policy renewal for all personal lines residential policies renewing on or
                       after July 1, 2023.
             All other policyholders must have flood coverage in place for policies effective on or after:
                    o January 1, 2024, for property valued at $600,000 or more.
                    o January 1, 2025, for property valued at $500,000 or more.
                    o January 1, 2026, for property valued at $400,000 or more.
                    o January 1, 2027, for all other personal lines residential property insured by Citizens.

         The law requiring certain Citizens’ policyholders to purchase flood coverage has been interpreted to
         require the purchase of both dwelling and contents coverage for flood losses. When policyholders with
         existing flood policies have added contents coverage to policies that covered the dwelling only, this has
         triggered huge premium increases under the NFIP’s newly-implemented Risk Rating 2.0 pricing
         approach.32

         Effect of the Bill – Flood Coverage Requirements

         The bill requires Citizens’ policyholders who must purchase flood insurance as a condition of eligibility
         for Citizens’ coverage to purchase only dwelling coverage for a flood loss rather than dwelling and
         contents coverage. This will eliminate or avoid flood insurance rate increases triggered solely by the
         purchase of contents coverage under a flood insurance policy in order to maintain eligibility for Citizens’
         coverage.

         Combining of Accounts


26 Id.
27 Current NFIP personal lines flood policies have limits of $250,000 per claim.
28 S. 627.351(6)(aa), F.S.
29 Id.
30 Id.
31 Id.
32 See Federal Emergency Management Agency, NFIP’s Pricing Approach, https://www.fema.gov/flood-insurance/risk-rating (last

visited Jan. 29, 2024).
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DATE: 2/21/2024
         Three Accounts

         Until very recently, Citizens had three different accounts through which it offered property insurance: a
         personal lines account (PLA), a commercial lines account (CLA), and a Coastal Account. The PLA
         offered personal lines residential policies that provide comprehensive, multi-peril coverage statewide,
         except for those areas contained in the Coastal Account. The PLA also wrote policies that exclude
         coverage for wind in areas contained within the Coastal Account. Personal lines residential coverage
         consists of the types of coverage provided to homeowners’, mobile home owners’, dwellings, tenants’,
         and condominium unit owners’ policies.33

         The CLA offered commercial lines residential and non-residential policies that provide basic perils
         coverage statewide, except for those areas contained in the Coastal Account. The CLA also wrote
         policies that exclude coverage for wind in areas contained within the Coastal Account. Commercial
         lines coverage includes commercial residential policies covering condominium associations,
         homeowners’ associations, and apartment buildings. The coverage also includes commercial non-
         residential policies covering business properties. 34

         The Coastal Account offered personal residential, commercial residential, and commercial non-
         residential policies in coastal areas of the state. Citizens must offer policies that solely cover the peril of
         wind (wind only policies) and may offer multi-peril policies.35

         Financial Resources

         Citizens’ financial resources include:
              Insurance premiums
              Investment income and operating surplus from prior years
              FHCF reimbursements
              Private reinsurance
              Policyholder surcharges
              Regular assessments
              Emergency assessments

         Non-weather water losses, reinsurance costs and litigation are currently the major determinants of
         insurance rates.36 In the event of a catastrophic storm or series of smaller storms, reserves could be
         exhausted, leaving Citizens unable to pay all claims. 37 Under Florida law, if the Citizens’ Board of
         Directors determines a Citizens’ account has a projected deficit, Citizens is authorized to levy
         assessments 38 on its policyholders and on each line of property and casualty line of business other
         than workers’ compensation insurance and medical malpractice insurance. 39 Citizens could impose
         three assessment tiers.40



33 See s. 627.351(6)(b)2.a., F.S., and Account History and Characteristics, Citizens Property Insurance Corporation,

https://www.citizensfla.com/documents/20702/1183352/20160315+05A+Citizens+Account+History.pdf/31f51358 -7105-40e9-aa75-
597f51a99563 (March 2016) (last visited Jan. 28, 2024).
34 Id.
35
   Id.
36 Citizens Property Insurance Corporation, 2022 Rate Kit, Citizens 2021 Rates, Frequently Asked Questions,

https://www.citizensfla.com/documents/20702/15725518/20211213+2022+Rate+Kit.pdf/328181e5-1c41-a28d-76ea-
b7d911462c6a?t=1639433573548 (last visited Jan. 28, 2024).
37 Citizens Property Insurance Corporation, Insurance/Insurance 101/Assessments, https://www.citizensfla.com/assessments (last

visited Jan. 28, 2024).
38 Assessments are charges that Citizens and non-Citizens policyholders can be required to pay, in addition to their regular policy

premiums.
39 Accident and health insurance and policies written under the NFIP or the Federal Crop Insurance Program are n ot assessable types

of property and casualty insurance. Surplus lines insurers are not assessable, but their policyholders are. S. 627.351.(6)(b)3.f.-h., F.S.
40 Citizens Property Insurance Corporation, Citizens Property Insurance Corporation: General Overview and Recent Issues, p. 14

7,https://myfloridahouse.gov/api/document/house?Leaf=HouseContent/Lists/LegislatorUResources/Attachments/75/Citizens%20Gener
al%20Overview%20and%20Recent%20Issues%20Presentation%2020221206.pdf (last visited Jan. 28, 2024).
STORAGE NAME: pcs1503.COM                                                                                                         PAGE: 6
DATE: 2/21/2024
         A surcharge of up to 15 percent of premium on all Citizens’ policies, collected upon issuance or
         renewal. When Citizens had three separate accounts, this 15 percent assessment could be levied for
         each of the three Citizens’ accounts—the CLA, the PLA, and the Coastal Account— that project a
         deficit. Thus, the total maximum premium surcharge a policyholder could be assessed is 45 percent.41

         If the Citizens’ surcharge was insufficient to cure the deficit for the Coastal Account, Citizens could
         require an assessment against all other insurers except medical malpractice and workers’
         compensation. The assessment may be recouped from policyholders through a rate filing process of up
         to two percent of premium or two percent of the deficit, whichever is greater.42 This assessment is not
         levied against Citizens’ policyholders.

         An emergency assessment provision requires any remaining deficit for Citizens’ three accounts be
         funded by multi-year emergency assessments on all insurance policyholders, except medical
         malpractice and workers’ compensation, but including Citizens’ policyholders. This assessment may not
         exceed the greater of 10 percent of the amount needed to cover the deficit, plus interest, fees,
         commissions, required reserves, and other costs associated with financing the original deficit, or
         10 percent of the aggregate statewide direct written premium for subject lines of business and all
         accounts of the corporation for the prior year, plus interest, fees, commissions, required reserves, and
         other costs associated with financing the deficit. 43 The assessments may be cumulative.

         During Special Session 2022A, the Legislature gave Citizens the authority to combine its three
         accounts into a single account upon Citizens eliminating all outstanding financing obligations.44 A single
         account structure allows Citizens to access its entire surplus to pay claims. Previously, surplus in a
         particular account could only be used to pay claims in that account.

         OIR approved changes to “Citizens’ underwriting guidelines and application statements regarding
         possible assessment and surcharge amounts to support the merging of Citizens’ three accounts. . .”
         into the Citizens Account.45 The Citizens policyholder surcharge imposed in the event of a deficit has
         been revised from 15 percent per account (maximum 45 percent total) to 25 percent for the single
         account (an initial assessment of up to 15 percent plus a potential emergency assessment of up to 10
         percent).46 Effective January 1, 2024, Citizens combined the three accounts into the Citizens Account.47

         Effect of the Bill – Combining Accounts

         The bill eliminates a significant amount of statutory language that is no longer needed because Citizens
         has combined its three accounts into one account. These statutory deletions include references to the
         PLA, CLA, and Coastal Account. Citizens is now permitted to use its entire surplus to pay claims. The
         bill does not make any additional changes regarding assessments beyond those that were enacted
         during Special Session 2022A.

         Citizens’ Operations and Management

         Citizens is overseen by a board and operated by an executive director. Citizens’ board consists of nine
         individuals who must be residents of different geographical areas of Florida. 48 The Governor, Chief
         Financial Officer, President of the Senate, and Speaker of the House, each appoint two members of the
         board.49 The Governor appoints one additional member who serves solely to advocate on behalf of

41 Sections 627.351.(6)(b)3.i.(I) and 627.351.(6)(c)21., F.S. (2021).
42 S. 627.351(6)(b)3.a., F.S.
43 S. 627.351(6)(b)3.d., F.S.
44 S. 627.351(b)(b)2.b., F.S. The PLA, CLA, and coastal accounts combined to form one account known as the Citizens account.
45 Citizens, Comb ined Assessments and Surcharge Amounts, https://www.citizensfla.com/-/20231103-combined-assessments-and-

surcharge-amounts (last visited Jan. 28, 2024).
46 S. 627.351(6)b.5., F.S. While the text of SB 2-A (2022A) appeared to authorize Citizens to collect new, or additional surcharges, it did

not. Due to drafting requirements it establishes a new surcharge framework within the law to become effective upon the combining of
the accounts, but does not actually authorize higher surcharges than those presently in law. See also Citizens, supra note 42.
47 Citizens, supra note 42.
48 S. 627.351(6)(c)4., F.S.
49 Id.

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DATE: 2/21/2024
         consumers.50 At least one of the two members appointed by each appointing officer must have
         demonstrated experience in insurance.51

         Citizens’ executive director, often referred to as its president or chief executive officer, is engaged by
         the board and serves “at the pleasure of the board.” 52 The executive director is subject to confirmation
         by the Senate.53 He or she is responsible for employing other staff as Citizens requires, subject to
         review and agreement by the board.54 However, current law does not specify the experience, character,
         or qualifications that an individual must have in order to be qualified to serve as Citizens’ executive
         director.

         The special investigative units of private insurers typically share information with the National Insurance
         Crime Bureau (NICB) to help fight insurance fraud.55 However, current law does not allow Citizens to
         share information with NICB.

         In addition, current law does not permit Citizens to obtain patents, copyrights, or trademarks, and to
         enforce its related rights.

         Effect of the Bill – Operations and Management

         The bill makes the following changes regarding Citizens’ operations and management:
                  Allows Citizens’ executive director to appoint a designee to act as its agency head. 56
                  Allows Citizens to share information with NICB to assist in efforts to fight insurance fraud.
                  Allows Citizens to obtain patents, copyrights, and trademarks, and to enforce related rights
                    to the same.

     B. SECTION DIRECTORY:

         Section 1. Amends s. 627.351, F.S., relating to insurance risk apportionment plans.

         Section 2. Amends s. 627.3511, F.S., relating to depopulation of Citizens Property Insurance
                    Corporation.

         Section 3. Amends s. 627.3518, F.S., relating to Citizens Property Insurance Corporation policyholder
                    eligibility clearinghouse program.

         Section 4. Provides an effective date of July 1, 2024, except as otherwise provided.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:

             None.

         2. Expenditures:

             None.


50 Id.
51 Id.
52 Id.
53 Id.
54 Id.
55 See National Insurance Crime Bureau, Memb er Benefits, https://www.nicb.org/membership/member-benefits (last visited Jan. 28,

2024).
56 Allowing Citizens’ executive director to appoint a designee is consistent with the permission granted to state agency heads t o appoint

designees that is found throughout ch. 287, F.S.
STORAGE NAME: pcs1503.COM                                                                                                         PAGE: 8
DATE: 2/21/2024
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill will likely have an indeterminate positive and negative effect on the private sector. Citizens’
       policyholders who are required to purchase flood coverage will likely see a decrease in their flood
       insurance premiums as a result of only having to buy dwelling coverage.

       It may have a negative effect on non-primary residential policyholders who must take an offer from a
       surplus lines carrier and end up paying more in premium than they were paying for a Citizens policy.

   D. FISCAL COMMENTS:

       None.
                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:


   B. RULE-MAKING AUTHORITY:

       The bill neither authorizes nor requires administrative rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                         IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1503.COM                                                                                    PAGE: 9
DATE: 2/21/2024


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2024_3220_commerce-committee_proposed-committee-bill-analyses_fn-pcs1503-com.pdf
Original
www.flhouse.gov
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