Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 76
       
       
       
       
       
       
                                Ì2809447Î280944                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2021           .                                
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       The Committee on Judiciary (Boyd and Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (372938) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (3) and (4) are added to section
    7  626.9373, Florida Statutes, to read:
    8         626.9373 Attorney’s fees.—
    9         (3) In an award of attorney fees under this section for a
   10  claim arising under a property insurance policy, a strong
   11  presumption is created that a lodestar fee is sufficient and
   12  reasonable. Such presumption may be rebutted only in a rare and
   13  exceptional circumstance with evidence that competent counsel
   14  could not be retained in a reasonable manner.
   15         (4)(a)As used in this subsection, the term:
   16         1.“Claimant” means an insured or assignee who is filing
   17  suit under a property insurance policy.
   18         2.“Demand” means the specific amount alleged to be owed by
   19  the insurer to the claimant under the property insurance policy.
   20         3.“Demand-judgment quotient” means the quotient obtained
   21  by dividing the judgment by the demand.
   22         4.“Incurred attorney fees” means the total amount of
   23  attorney fees supported by sufficient evidence and determined by
   24  the court to have been incurred by the claimant in bringing the
   25  action.
   26         5.“Judgment” means damages recovered, if any, but does not
   27  include any amount awarded for attorney fees, costs, or
   28  interest.
   29         (b)Notwithstanding any other provision of law, in a suit
   30  arising under a residential or commercial property insurance
   31  policy, attorney fees and costs may be recovered by a claimant
   32  only pursuant to s. 57.105 and this subsection. Attorney fees
   33  may be awarded to a claimant under this section as follows:
   34         1.If the demand-judgment quotient is greater than or equal
   35  to 0.8, the full amount of incurred attorney fees may be
   36  awarded.
   37         2.If the demand-judgment quotient is equal to or greater
   38  than 0.2 but less than 0.8, the attorney fees must equal the
   39  product of multiplying the incurred attorney fees by the demand
   40  judgment quotient.
   41         3.If the demand-judgment quotient is less than 0.2,
   42  attorney fees may not be awarded.
   43         Section 2. Subsection (4) is added to section 627.428,
   44  Florida Statutes, to read:
   45         627.428 Attorney fees.—
   46         (4)In an award of attorney fees under this section for a
   47  claim arising under a property insurance policy, a strong
   48  presumption is created that a lodestar fee is sufficient and
   49  reasonable. Such presumption may be rebutted only in a rare and
   50  exceptional circumstance with evidence that competent counsel
   51  could not be retained in a reasonable manner.
   52         Section 3. Paragraphs (f), (g), and (h) are added to
   53  subsection (5) of section 627.7011, Florida Statutes, to read:
   54         627.7011 Homeowners’ policies; offer of replacement cost
   55  coverage and law and ordinance coverage.—
   56         (5) This section does not:
   57         (f) Prohibit an insurer, notwithstanding paragraph (1)(a),
   58  from providing limited coverage on a personal lines residential
   59  property insurance policy by including a roof surface
   60  reimbursement schedule. If included in the policy, a roof
   61  surface reimbursement schedule must do all of the following:
   62         1. Provide reimbursement for repair, replacement, and
   63  installation based on the annual age of a roof surface type.
   64         2. Provide full replacement coverage for any roof surface
   65  type less than 10 years old.
   66         3. Unless otherwise demonstrated to the office to be
   67  actuarially justified, provide for reimbursement amounts of no
   68  less than:
   69         a. Seventy percent for a metal roof type.
   70         b. Forty percent for a concrete tile and clay tile roof
   71  type.
   72         c. Forty percent for a wood shake and wood shingle roof
   73  type.
   74         d. Twenty-five percent for all other roof types.
   75         4. Include at the top of the schedule, in bold type no
   76  smaller than 12 points, the following statement:
   77  
   78  “PLEASE DISCUSS WITH YOUR INSURANCE AGENT. YOU ARE ELECTING TO
   79  PURCHASE COVERAGE ON YOUR ROOF ACCORDING TO A ROOF SURFACE
   80  REIMBURSEMENT SCHEDULE. IF YOUR ROOF IS DAMAGED BY A COVERED
   81  PERIL, YOU WILL RECEIVE A PAYMENT AMOUNT FOR YOUR ROOF ACCORDING
   82  TO THE SCHEDULE BELOW. BE ADVISED THAT THIS MAY RESULT IN YOU
   83  HAVING TO PAY SIGNIFICANT COSTS TO REPAIR OR REPLACE YOUR ROOF.
   84  PLEASE DISCUSS WITH YOUR INSURANCE AGENT.”
   85  
   86         5. Allow for all actuarially sound methods of s. 627.062 to
   87  apply.
   88         6. Be approved by the office.
   89         7. Be provided to the insured with the policy documents at
   90  issuance and renewal.
   91  
   92  A roof surface reimbursement schedule may not be applied to a
   93  roof if there is a total loss to a primary structure in
   94  accordance with the valued policy law under s. 627.702 which is
   95  caused by a covered peril.
   96         (g)Prohibit an insurer that provides roof reimbursement on
   97  the basis of a roof surface reimbursement schedule from also
   98  offering roof reimbursement on the basis of replacement costs.
   99         (h)Prohibit an insurer, notwithstanding paragraph (1)(a),
  100  from providing coverage on a personal lines residential property
  101  insurance policy by limiting coverage for a roof to a stated
  102  value sublimit of coverage. A stated value sublimit of coverage
  103  may not be applied to a roof if there is a total loss to the
  104  primary structure in accordance with the valued policy law under
  105  s. 627.702 which is caused by a covered peril.
  106         Section 4. Section 627.70132, Florida Statutes, is amended
  107  to read:
  108         627.70132 Notice of property insurance windstorm or
  109  hurricane claim.—A claim, supplemental claim, or reopened claim
  110  under an insurance policy that provides property insurance, as
  111  defined in s. 624.604, including a property insurance policy
  112  issued by an eligible surplus lines insurer, for loss or damage
  113  caused by the peril of windstorm or hurricane is barred unless
  114  notice of the claim, supplemental claim, or reopened claim is
  115  was given to the insurer in accordance with the terms of the
  116  policy within 2 3 years after the date of loss hurricane first
  117  made landfall or the windstorm caused the covered damage. For
  118  purposes of this section, the term “supplemental claim” or
  119  “reopened claim” means any additional claim for recovery from
  120  the insurer for losses from the same hurricane or windstorm
  121  which the insurer has previously adjusted pursuant to the
  122  initial claim. This section does not affect any applicable
  123  limitation on civil actions provided in s. 95.11 for claims,
  124  supplemental claims, or reopened claims timely filed under this
  125  section.
  126         Section 5. Subsection (9) of section 627.7015, Florida
  127  Statutes, is amended, and subsection (10) is added to that
  128  section, to read:
  129         627.7015 Alternative procedure for resolution of disputed
  130  property insurance claims.—
  131         (9) For purposes of this section, the term “claim” refers
  132  to any dispute between an insurer and a policyholder relating to
  133  a material issue of fact other than a dispute:
  134         (a) With respect to which the insurer has a reasonable
  135  basis to suspect fraud;
  136         (b) When, based on agreed-upon facts as to the cause of
  137  loss, there is no coverage under the policy;
  138         (c) With respect to which the insurer has a reasonable
  139  basis to believe that the policyholder has intentionally made a
  140  material misrepresentation of fact which is relevant to the
  141  claim, and the entire request for payment of a loss has been
  142  denied on the basis of the material misrepresentation;
  143         (d) With respect to which the amount in controversy is less
  144  than $500, unless the parties agree to mediate a dispute
  145  involving a lesser amount; or
  146         (e) With respect to a windstorm or hurricane loss that does
  147  not comply with s. 627.70132.
  148         (10)A property insurance policy may require the
  149  policyholder as a first-party claimant and a third party as an
  150  assignee of the policy benefits to participate in mediation
  151  pursuant to this section if requested by the insurer.
  152         Section 6. Section 627.70152, Florida Statutes, is created
  153  to read:
  154         627.70152 Suits arising under a property insurance policy.—
  155         (1)APPLICATION.—This section applies to all suits under a
  156  property insurance policy, including actions brought by an
  157  assignee.
  158         (2)DEFINITIONS.—As used in this section, the term:
  159         (a)“Assignee” has the same meaning as in s. 627.7152.
  160         (b)“Claimant” means an insured or assignee who is filing
  161  suit under a property insurance policy.
  162         (c)“Demand” means the specific amount alleged to be owed
  163  by the insurer to the claimant under the property insurance
  164  policy.
  165         (d)“Demand-judgment quotient” means the quotient obtained
  166  by dividing the judgment by the demand.
  167         (e)“Incurred attorney fees” means the total amount of
  168  attorney fees supported by sufficient evidence and determined by
  169  the court to have been incurred by the claimant in bringing the
  170  action.
  171         (f)“Judgment” means damages recovered, if any, but does
  172  not include any amount awarded for attorney fees, costs, or
  173  interest.
  174         (3)NOTICE.—
  175         (a)As a condition precedent to filing a suit under a
  176  property insurance policy, a claimant must provide the insurer a
  177  written notice of intent to initiate litigation in accordance
  178  with this section. Such notice must be served by certified mail,
  179  return receipt requested, or electronic delivery at least 60
  180  days before filing suit. However, such notice may not be served
  181  before the insurer has made a determination of coverage under s.
  182  627.70131. An attorney or other representative of the claimant
  183  who provides such notice must provide a copy of the notice to
  184  the claimant. The notice and any copy must specify:
  185         1.That the notice is being provided pursuant to this
  186  section;
  187         2.The alleged acts or omissions of the insurer giving rise
  188  to the action;
  189         3.The demand;
  190         4.The amount of reasonable and necessary attorney fees
  191  incurred by the claimant, to be calculated by multiplying the
  192  number of hours actually worked on the claim as of the date of
  193  the notice by the claimant’s attorney by a reasonable hourly
  194  rate; and
  195         5.If provided by an attorney or other representative, that
  196  a copy of the notice was provided to the claimant.
  197         (b)As a precondition to filing suit, an assignee also
  198  must:
  199         1.Comply with s. 627.7152; and
  200         2.Concurrent with the notice, provide the named insured,
  201  the insurer, and the assignor, if not the named insured, a
  202  detailed written invoice or estimate of services, including
  203  itemized information on equipment, materials, and supplies; the
  204  number of labor hours; and, in the case of work performed, proof
  205  that the work has been performed in accordance with accepted
  206  industry standards.
  207         (c)A notice of intent to initiate litigation must be
  208  served within the time limits provided in s. 95.11 and is not
  209  required if the action is a counterclaim. Service of a notice
  210  tolls the time limits provided in s. 95.11 for 60 days if such
  211  time limits will expire before the end of the 60-day notice
  212  period.
  213         (d)A court must dismiss without prejudice any action
  214  relating to a claim for which a notice of intent to initiate
  215  litigation is given as required by this subsection if such
  216  action is commenced before the expiration of the 60-day notice
  217  period, is brought by an insurer to whom notice was given, and
  218  is against the claimant giving notice.
  219         (4)ADMISSIBILITY OF NOTICE AND RESPONSE.—The notice
  220  provided pursuant to subsection (3) and the submissions provided
  221  pursuant to subparagraph (3)(b)2.:
  222         (a)Are admissible as evidence in a civil action or an
  223  alternative dispute resolution proceeding relating to the claim
  224  for which the notice is given;
  225         (b)Do not limit the evidence of attorney fees, damages, or
  226  loss which may be offered at trial; and
  227         (c)Do not relieve any obligation that an insured or
  228  assignee has to give notice under any other provision of law.
  229         (5)INSPECTION.—Within 30 days after an insurer receives
  230  notice pursuant to subsection (3), the insurer may send a
  231  written request to the insured or assignee to inspect,
  232  photograph, or evaluate, in a reasonable manner and at a
  233  reasonable time, the property that is the subject of the claim.
  234  If reasonably possible, the insurer must complete the
  235  inspection, photography, and evaluation not later than 60 days
  236  after the insurer receives the presuit notice. After completing
  237  the inspection, the insurer must conduct an internal review by a
  238  duly-qualified claims adjuster to fairly and promptly evaluate
  239  the claim. This section does not limit any right provided in a
  240  property insurance policy or contract to inspect property.
  241         (6)ABATEMENT.—
  242         (a)In addition to taking any other action allowed by an
  243  insurance policy or a contract or by any other provision of law,
  244  an insurer may file a motion to abate a suit under a property
  245  insurance policy if the insurer:
  246         1.Files the motion no later than the 30th day after the
  247  insurer filed an original answer in the court in which the
  248  action is pending; and
  249         2.Did not receive notice required pursuant to subsection
  250  (3) or requested an inspection pursuant to subsection (5) but
  251  was not provided a reasonable opportunity to inspect,
  252  photograph, or evaluate the property that is the subject of the
  253  claim.
  254         (b)The court shall abate the action if the court finds
  255  that the insurer did not receive the notice required by
  256  subsection (3) or requested an inspection pursuant to subsection
  257  (5) but was not provided a reasonable opportunity to inspect,
  258  photograph, or evaluate the property that is the subject of the
  259  claim.
  260         (c)The action is abated without a court order beginning on
  261  the 11th day after the motion to abate is filed if the motion to
  262  abate:
  263         1.Is verified and states that the insurer did not receive
  264  the notice required by subsection (3) or requested an inspection
  265  pursuant to subsection (5) but was not provided a reasonable
  266  opportunity to inspect, photograph, or evaluate the property
  267  that is the subject of the claim; and
  268         2.Is not controverted by an affidavit filed by the insured
  269  or assignee within 10 days after the date the plea in abatement
  270  is filed.
  271         (d)An affidavit filed pursuant to subparagraph (c)2. must
  272  include as an attachment a copy of the written notice sent
  273  pursuant to subsection (3) and state the date on which such
  274  notice was given.
  275         (e)Abatement under this subsection continues until the
  276  later of:
  277         1.Sixty days after the claimant provides notice to the
  278  insurer in compliance with subsection (3); or
  279         2.Fifty days after the insurer completes the requested
  280  inspection, photographing, or evaluating of the property
  281  pursuant to subsection (5).
  282         (f)If an action is abated pursuant to this subsection, a
  283  court may not compel during the abatement period participation
  284  in mediation pursuant to s. 627.7015 or neutral evaluation
  285  pursuant to s. 627.7074.
  286         (7)ATTORNEY FEES.—
  287         (a)Notwithstanding any other provision of law, in a suit
  288  arising under a residential or commercial property insurance
  289  policy, attorney fees and costs may be recovered by a claimant
  290  only pursuant to s. 57.105 and this subsection. Attorney fees
  291  may be awarded to a claimant under this section as follows:
  292         1.If the demand-judgment quotient is greater than or equal
  293  to 0.8, the full amount of incurred attorney fees may be
  294  awarded.
  295         2.If the demand-judgment quotient is equal to or greater
  296  than 0.2 but less than 0.8, the attorney fees must equal the
  297  product of multiplying the incurred attorney fees by the demand
  298  judgment quotient.
  299         3.If the demand-judgment quotient is less than 0.2,
  300  attorney fees may not be awarded.
  301         (b)If an insurer pleads and proves that it did not receive
  302  notice that complies with subsection (3) and files such pleading
  303  no later than the 30th day after the insurer files an original
  304  answer in the court in which the action is pending, the court
  305  may not award to the claimant any incurred attorney fees for
  306  services rendered after the date on which the insurer files such
  307  pleading with the court.
  308         (c)If a claimant commences an action in any court of this
  309  state based upon or including the same claim against the same
  310  adverse party that such insured or assignee has previously
  311  voluntarily dismissed in a court of this state, the court may
  312  order the insured or assignee to pay the attorney fees and costs
  313  of the adverse party resulting from the action previously
  314  voluntarily dismissed. The court shall stay the proceedings in
  315  the subsequent action until the insured or assignee has complied
  316  with the order.
  317         Section 7. Section 627.70153, Florida Statutes, is created
  318  to read:
  319         627.70153 Consolidation of residential property insurance
  320  actions.—Each party that is aware of ongoing multiple actions
  321  involving coverage provided under the same residential property
  322  insurance policy for the same property with the same owners must
  323  provide written notice to the court of the multiple actions.
  324  Upon notification of any party, the court may order that the
  325  actions be consolidated and transferred to the court having
  326  jurisdiction based on the total amount in controversy of all
  327  consolidated claims. If multiple cases are pending in circuit
  328  courts, the cases may be consolidated based on the date on which
  329  the first case was filed.
  330         Section 8. Paragraphs (d) through (g) of subsection (1),
  331  paragraph (a) of subsection (2), and subsections (5), (9), and
  332  (10) of section 627.7152, Florida Statutes, are amended to read:
  333         627.7152 Assignment agreements.—
  334         (1) As used in this section, the term:
  335         (d) “Disputed amount” means the difference between the
  336  assignee’s presuit settlement demand and the insurer’s presuit
  337  settlement offer.
  338         (e) “Judgment obtained” means damages recovered, if any,
  339  but does not include any amount awarded for attorney fees,
  340  costs, or interest.
  341         (f) “Presuit settlement demand” means the demand made by
  342  the assignee in the written notice of intent to initiate
  343  litigation as required by paragraph (9)(a).
  344         (g) “Presuit settlement offer” means the offer made by the
  345  insurer in its written response to the notice of intent to
  346  initiate litigation as required by paragraph (9)(b).
  347         (2)(a) An assignment agreement must:
  348         1. Be in writing and executed by and between the assignor
  349  and the assignee.
  350         2. Contain a provision that allows the assignor to rescind
  351  the assignment agreement without a penalty or fee by submitting
  352  a written notice of rescission signed by the assignor to the
  353  assignee within 14 days after the execution of the agreement, at
  354  least 30 days after the date work on the property is scheduled
  355  to commence if the assignee has not substantially performed, or
  356  at least 30 days after the execution of the agreement if the
  357  agreement does not contain a commencement date and the assignee
  358  has not begun substantial work on the property.
  359         3. Contain a provision requiring the assignee to provide a
  360  copy of the executed assignment agreement to the insurer and the
  361  named insured within 3 business days after the date on which the
  362  assignment agreement is executed or the date on which work
  363  begins, whichever is earlier. Delivery of the copy of the
  364  assignment agreement to the insurer and the named insured may be
  365  made:
  366         a. By personal service, overnight delivery, or electronic
  367  transmission, with evidence of delivery in the form of a receipt
  368  or other paper or electronic acknowledgment by the insurer or
  369  named insured, as applicable; or
  370         b. To the location designated for the insurer’s receipt of
  371  such agreements as specified in the policy.
  372         4. Contain a written, itemized, per-unit cost estimate of
  373  the services to be performed by the assignee.
  374         5. Relate only to work to be performed by the assignee for
  375  services to protect, repair, restore, or replace a dwelling or
  376  structure or to mitigate against further damage to such
  377  property.
  378         6. Contain the following notice in 18-point uppercase and
  379  boldfaced type:
  380  
  381         YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE
  382         UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH
  383         MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE
  384         READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT.
  385         YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT
  386         PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT
  387         IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON
  388         THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE
  389         HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS
  390         AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT
  391         DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE
  392         HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY.
  393         HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY
  394         CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS
  395         RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR
  396         OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR
  397         PROPERTY INSURANCE POLICY.
  398  
  399         7. Contain a provision requiring the assignee to indemnify
  400  and hold harmless the assignor from all liabilities, damages,
  401  losses, and costs, including, but not limited to, attorney fees,
  402  should the policy subject to the assignment agreement prohibit,
  403  in whole or in part, the assignment of benefits.
  404         (5) An assignment agreement and this section do not modify
  405  or eliminate:
  406         (a) Any term, condition, or defense relating to any managed
  407  repair arrangement provided in the policy.
  408         (b)The right of an insurer to communicate directly with
  409  the named insured if such insured is not represented by counsel.
  410         (9)(a) An assignee must provide the named insured, insurer,
  411  and the assignor, if not the named insured, with a written
  412  notice of intent to initiate litigation before filing suit under
  413  the policy. Such notice must be served by certified mail, return
  414  receipt requested, or electronic delivery at least 10 business
  415  days before filing suit, but may not be served before the
  416  insurer has made a determination of coverage under s. 627.70131.
  417  The notice must specify the damages in dispute, the amount
  418  claimed, and a presuit settlement demand. Concurrent with the
  419  notice, and as a precondition to filing suit, the assignee must
  420  provide the named insured, insurer, and the assignor, if not the
  421  named insured, a detailed written invoice or estimate of
  422  services, including itemized information on equipment,
  423  materials, and supplies; the number of labor hours; and, in the
  424  case of work performed, proof that the work has been performed
  425  in accordance with accepted industry standards.
  426         (b) An insurer must respond in writing to the notice within
  427  10 business days after receiving the notice specified in
  428  paragraph (a) by making a presuit settlement offer or requiring
  429  the assignee to participate in appraisal or other method of
  430  alternative dispute resolution under the policy. An insurer must
  431  have a procedure for the prompt investigation, review, and
  432  evaluation of the dispute stated in the notice and must
  433  investigate each claim contained in the notice in accordance
  434  with the Florida Insurance Code.
  435         (10) Notwithstanding any other provision of law, in a suit
  436  related to an assignment agreement for post-loss claims arising
  437  under a residential or commercial property insurance policy,
  438  attorney fees and costs may be recovered by an assignee only
  439  under s. 57.105 and this subsection.
  440         (a) If the difference between the judgment obtained by the
  441  assignee and the presuit settlement offer is:
  442         1. Less than 25 percent of the disputed amount, the insurer
  443  is entitled to an award of reasonable attorney fees.
  444         2. At least 25 percent but less than 50 percent of the
  445  disputed amount, no party is entitled to an award of attorney
  446  fees.
  447         3. At least 50 percent of the disputed amount, the assignee
  448  is entitled to an award of reasonable attorney fees.
  449         (b) If the insurer fails to inspect the property or provide
  450  written or oral authorization for repairs within 7 calendar days
  451  after the first notice of loss, the insurer waives its right to
  452  an award of attorney fees under this subsection. If the failure
  453  to inspect the property or provide written or oral authorization
  454  for repairs is the result of an event for which the Governor had
  455  declared a state of emergency under s. 252.36, factors beyond
  456  the control of the insurer which reasonably prevented an
  457  inspection or written or oral authorization for repairs, or the
  458  named insured’s failure or inability to allow an inspection of
  459  the property after a request by the insurer, the insurer does
  460  not waive its right to an award of attorney fees under this
  461  subsection.
  462         (c) If an assignee commences an action in any court of this
  463  state based upon or including the same claim against the same
  464  adverse party that such assignee has previously voluntarily
  465  dismissed in a court of this state, the court may order the
  466  assignee to pay the attorney fees and costs of the adverse party
  467  resulting from the action previously voluntarily dismissed. The
  468  court shall stay the proceedings in the subsequent action until
  469  the assignee has complied with the order.
  470         Section 9. The Supreme Court of Florida is requested to
  471  amend the Rules of Professional Conduct of the Rules Regulating
  472  The Florida Bar to require that, when a recovery judgment has
  473  been awarded in a residential or commercial residential property
  474  claim, each participating lawyer or law firm must provide
  475  closing statements itemizing the amount of the fee received by
  476  each participating lawyer or law firm, costs, and expenses to
  477  the Department of Financial Services.
  478         Section 10. This act shall take effect July 1, 2021.
  479  
  480  ================= T I T L E  A M E N D M E N T ================
  481  And the title is amended as follows:
  482         Delete everything before the enacting clause
  483  and insert:
  484                        A bill to be entitled                      
  485         An act relating to property insurance; amending s.
  486         626.9373, F.S.; providing that, for certain attorney
  487         fees awarded for claims arising under surplus lines
  488         property insurance policies, a strong presumption is
  489         created that a lodestar fee is sufficient and
  490         reasonable; providing that such presumption may be
  491         rebutted only under certain circumstances; defining
  492         terms; providing for an award of attorney fees for
  493         certain claims under specified circumstances; amending
  494         s. 627.428, F.S.; providing that, for certain attorney
  495         fees awarded for claims arising under property
  496         insurance policies, a strong presumption is created
  497         that a lodestar fee is sufficient and reasonable;
  498         providing that such presumption may be rebutted only
  499         under certain circumstances; amending s. 627.7011,
  500         F.S.; providing that certain provisions relating to
  501         homeowners’ policies, offers of replacement cost
  502         coverage, and offers of law and ordinance coverage do
  503         not prohibit insurers from providing specified
  504         property insurance policies by including roof surface
  505         reimbursement schedules; providing requirements for
  506         roof surface reimbursement schedules; prohibiting
  507         application of a roof surface reimbursement schedule
  508         under certain circumstances; providing that certain
  509         provisions relating to homeowners’ policies, offers of
  510         replacement cost coverage, and offers of law and
  511         ordinance coverage do not prohibit insurers from
  512         providing specified property insurance policies by
  513         offering roof reimbursement on the basis of
  514         replacement costs; providing that certain provisions
  515         relating to homeowners’ policies, offers of
  516         replacement cost coverage, and offers of law and
  517         ordinance coverage do not prohibit insurers from
  518         providing coverage on specified property insurance
  519         policies for a roof that is limited to a certain
  520         value; providing that a stated value sublimit of
  521         coverage may not be applied to a roof in certain
  522         circumstances; amending s. 627.70132, F.S.; revising
  523         property insurance coverages for which a notice of
  524         claim must be given to the insurer within a specified
  525         timeframe; revising the timeframe for providing
  526         notices of property insurance claims; revising the
  527         definitions of the terms “supplemental claim” and
  528         “reopened claim”; amending s. 627.7015, F.S.;
  529         conforming a provision to changes made by the act;
  530         authorizing property insurance policies to require
  531         policyholders and assignees to participate in
  532         mediation; creating s. 627.70152, F.S.; providing
  533         applicability; defining terms; requiring notice of
  534         intent to initiate litigation; specifying requirements
  535         for such notice; specifying an assignee’s presuit
  536         obligations; specifying the timeframe within which a
  537         notice of intent to initiate litigation must be
  538         served; requiring dismissal of certain actions under
  539         specified circumstances; specifying the admissibility
  540         of certain evidence; providing construction;
  541         authorizing an insurer to request to inspect,
  542         photograph, or evaluate certain property; specifying
  543         requirements for such inspections, photographs, and
  544         evaluations; authorizing motions to abate suits under
  545         property insurance policies; specifying conditions for
  546         abatement; providing for an award of attorney fees for
  547         certain claims under specified circumstances;
  548         providing for an award of attorney fees following a
  549         voluntary dismissal under certain circumstances;
  550         requiring the court to stay proceedings under certain
  551         circumstances; creating s. 627.70153, F.S.; requiring
  552         parties that are aware of certain residential property
  553         insurance claims to notify the court of multiple
  554         proceedings; authorizing the court to consolidate
  555         certain residential property insurance claims upon
  556         notification of any party; amending s. 627.7152, F.S.;
  557         deleting definitions; requiring assignment agreements
  558         to be provided to named insureds; providing that
  559         assignment agreements do not modify the right of
  560         insurers to communicate directly with unrepresented
  561         named insureds; deleting a requirement for a notice of
  562         intent to initiate litigation; deleting requirements
  563         for such notice; deleting a requirement for a written
  564         response to the notice of intent to initiate
  565         litigation; deleting requirements for such response;
  566         deleting a provision related to an award of reasonable
  567         attorney fees and costs for certain claims arising
  568         under an assignment agreement; deleting a provision
  569         related to an award of reasonable attorney fees and
  570         costs following a voluntary dismissal under certain
  571         circumstances; deleting a requirement for the court to
  572         stay proceedings under certain circumstances;
  573         requesting the Florida Supreme Court to amend rules to
  574         require participating lawyers or firms to provide
  575         closing statements to the department under certain
  576         circumstances; providing an effective date.