Bill Text: FL S1850 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records/Citizens Property Insurance Corporation Clearinghouse

Spectrum: Committee Bill

Status: (Passed) 2013-05-29 - Chapter No. 2013-61, companion bill(s) passed, see CS/SB 1770 (Ch. 2013-60) [S1850 Detail]

Download: Florida-2013-S1850-Introduced.html

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       Florida Senate - 2013                                    SB 1850
       
       
       
       By the Committee on Banking and Insurance
       
       
       
       
       597-03437-13                                          20131850__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         627.3518, F.S.; providing an exemption from public
    4         records requirements for all underwriting guidelines,
    5         manuals, rating information, and other underwriting
    6         criteria or instructions submitted by an insurer to
    7         the corporation’s policyholder eligibility
    8         clearinghouse program which are used to identify and
    9         select risks from the program; providing for future
   10         review and repeal; providing a statement of public
   11         necessity; providing a contingent effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (11) is added to section 627.3518,
   16  Florida Statutes, as created by SB 1770 or similar legislation,
   17  2013 Regular Session, to read:
   18         627.3518 Citizens Property Insurance Corporation
   19  clearinghouse.—
   20         (11) Underwriting guidelines, manuals, rating information,
   21  and other underwriting criteria or instructions submitted by an
   22  insurer to the corporation’s clearinghouse which are used to
   23  identify and select risks from the clearinghouse are
   24  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   25  of the State Constitution. This subsection is subject to the
   26  Open Government Sunset Review Act in accordance with s. 119.15
   27  and shall stand repealed on October 2, 2018, unless reviewed and
   28  saved from repeal through reenactment by the Legislature.
   29         Section 2. The Legislature finds and declares that it is a
   30  public necessity that underwriting guidelines, manuals, rating
   31  information, and other underwriting criteria or instructions
   32  submitted by an insurer to the Citizens Property Insurance
   33  Corporation’s clearinghouse which are used to identify and
   34  select risks from the clearinghouse be made confidential and
   35  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   36  Article I of the State Constitution. The program will facilitate
   37  obtaining offers of coverage from authorized insurers for new
   38  applicants for insurance coverage with the corporation and for
   39  policyholders seeking to renew existing insurance coverage with
   40  the corporation. Obtaining offers of coverage from authorized
   41  insurers through the clearinghouse will provide more choices for
   42  consumers and reduce the corporation’s exposure and potential
   43  for imposing assessments on its policyholders and policyholders
   44  in the private market. In order for the program to efficiently
   45  determine whether there are authorized insurers interested in
   46  making an offer of coverage for a particular risk, a substantial
   47  amount of detailed data from participating insurers must be
   48  provided to the program. Public disclosure of the detailed data
   49  could result in a substantial chilling effect on insurer
   50  participation in the program and thereby undermine the program’s
   51  success.
   52         Section 3. This act shall take effect on the same date that
   53  SB 1770 or similar legislation creating s. 627.3518, Florida
   54  Statutes, the Citizen’s Property Insurance Corporation
   55  clearinghouse, takes effect, if such legislation is adopted in
   56  the same legislative session or an extension thereof and becomes
   57  law.