Bill > H0305

Introduced Session

An act relating to insurance; creating s. 489.147, F.S.; providing definitions; prohibiting certain practices by contractors; providing for disciplinary proceedings; providing that the acts of any persons on behalf of a contractor are considered the acts of a contractor; providing that certain acts constitute unlicensed contracting; providing penalties; prohibiting a contractor from executing a contract with a residential property owner for a roofing repair or replacement unless certain notice is included; authorizing the residential property owner to void the contract within a specified timeframe when such notice is not included; amending s. 624.316, F.S.; authorizing the Office of Insurance Regulation to examine insurer affiliates; amending s. 624.318, F.S.; requiring insurer affiliates to provide certain items and information to the office during examination or investigation; amending s. 624.424, F.S.; requiring property insurers, effective a certain date, to include certain data regarding closed claims in their annual reports to the office; requiring specified insurers to provide the office with certain information under certain circumstances; requiring the office to consider certain costs in determining whether payments made by an insurer to an affiliate are fair and reasonable; amending s. 626.7451, F.S; requiring managing general agents to enter into specified contracts with insurers even when the managing general agents control, or are controlled by, the insurers; amending s. 626.7452, F.S.; providing that a managing general agent may be examined as if it were the insurer even if the managing general agent solely represents a single domestic insurer; amending s. 626.854, F.S.; prohibiting certain acts by specified licensed contractors and their subcontractors; providing construction; prohibiting certain acts by a public adjuster, public adjuster apprentice, and certain other persons; providing that certain acts constitute unlicensed practice of public adjusting; providing penalties; amending s. 627.351, F.S.; revising a procedure that the plan of operation of Citizens Property Insurance Corporation must provide; requiring the corporation to include the costs of catastrophe reinsurance to its projected 100- year probable maximum loss in its rate calculations even if the corporation does not purchase such reinsurance; deleting obsolete language relating to the corporation's rate filings; requiring the corporation to annually implement a rate increase that does not exceed a certain percent for specified years; requiring the corporation's budget allocations for salaries for the corporation's employees, all employee raises exceeding 10 percent, and an employee compensation plan for the corporation to be approved by the corporation's board of governors; amending s. 627.3518, F.S.; conforming a cross-reference; amending s. 627.428,F.S.; requiring a suit arising under a property insurance policy to be modified and awarded as provided by specified provisions of law under certain circumstances; providing that, for an award of attorney fees for a claim under a property insurance policy, the application of a contingency risk multiplier may be considered only if certain factors have been met; providing such factors; amending s. 627.7011, F.S.; requiring written acceptance of actual cash value coverage in a homeowner's policy; requiring a specific statement in a certain homeowner's policy; requiring notice of availability of certain coverage in a homeowner's policy; amending s. 627.70132, F.S.; revising the definitions of the terms "supplemental claim" and "reopened claim" to include all perils; providing that claims and reopened claims under certain property insurance policies for loss or damage caused by perils are barred unless notice is given within a specified timeframe; revising the timeframe for notice for loss or damage caused by windstorm or hurricane; providing date of loss for weather-related events; providing circumstances under which supplemental claims are not barred; providing construction; amending s. 627.7015, F.S.; conforming a provision to changes made by the act; creating s. 627.70152, F.S.; providing applicability; providing definitions; providing duties of a claimant; requiring written notice to be provided to an insurer before a suit is filed under an insurance policy; requiring certain information to be included in the notice; requiring notice to be served within specified time limits; requiring an insurer to provide a response to the notice within specified timeframe; providing for tolling of time if appropriate; requiring an insurer to have a procedure for the prompt investigation, review, and evaluation of a dispute stated in the notice and to investigate each claim in the notice in accordance with the Florida Insurance Code; requiring an insurer to provide a response to the notice within a specified timeframe; requiring a court to dismiss without prejudice a claimant's suit under certain circumstances; providing that the notice and documentation are admissible as evidence only in specified proceedings; providing construction; providing calculations and awards of attorney fees and costs under certain circumstances; prohibiting a court from awarding attorney fees to a claimant under certain circumstances; providing for tolling of time for notices of supplemental and reopened claims under a specified circumstance; amending s. 628.801, F.S.; authorizing the office to request information from an insurer or its affiliates as reasonably necessary; authorizing the office to obtain certain staff to conduct an examination at an insurer's expense; requiring insurers to pay examination expenses; giving the office the authority to examine all affiliates of an insurer as reasonably necessary to ascertain the insurer's financial condition; prohibiting an examination of an insurer's affiliate from extending to specified investors under certain circumstances; providing an effective date.

AI Summary

Committee Categories

Bob Rommel (R)*,  Brett Hage (R),  Thomas Leek (R),  Lauren Melo (R),  Rick Roth (R),  Anthony Sabatini (R), 

Other Sponsors (2)

Laid on Table; companion bill(s) passed, see CS/CS/CS/SB 76 (Ch. 2021-77), CS/CS/SB 1598 (Ch. 2021-104) (on 04/27/2021)

Official Document