Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 76
       
       
       
       
       
       
                                Ì372938OÎ372938                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/10/2021           .                                
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       The Committee on Judiciary (Boyd and Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (3) and (4) are added to section
    6  626.9373, Florida Statutes, to read:
    7         626.9373 Attorney’s fees.—
    8         (3) In an award of attorney fees under this section for a
    9  claim arising under a property insurance policy, a strong
   10  presumption is created that a lodestar fee is sufficient and
   11  reasonable. Such presumption may be rebutted only in a rare and
   12  exceptional circumstance with evidence that competent counsel
   13  could not be retained in a reasonable manner.
   14         (4)(a)As used in this subsection, the term:
   15         1.“Claimant” means an insured or assignee who is filing
   16  suit under a property insurance policy.
   17         2.“Demand” means the specific amount alleged to be owed by
   18  the insurer to the claimant under the property insurance policy.
   19         3.“Demand-judgment quotient” means the quotient obtained
   20  by dividing the judgment by the demand.
   21         4.“Incurred attorney fees” means the total amount of
   22  attorney fees supported by sufficient evidence and determined by
   23  the court to have been incurred by the claimant in bringing the
   24  action.
   25         5.“Judgment” means damages recovered, if any, but does not
   26  include any amount awarded for attorney fees, costs, or
   27  interest.
   28         (b)Notwithstanding any other provision of law, in a suit
   29  arising under a residential or commercial property insurance
   30  policy, attorney fees and costs may be recovered by a claimant
   31  only pursuant to s. 57.105 and this subsection. Attorney fees
   32  may be awarded to a claimant under this section as follows:
   33         1.If the demand-judgment quotient is greater than or equal
   34  to 0.8, the full amount of incurred attorney fees may be
   35  awarded.
   36         2.If the demand-judgment quotient is equal to or greater
   37  than 0.2 but less than 0.8, the attorney fees must equal the
   38  product of multiplying the incurred attorney fees by the demand
   39  judgment quotient.
   40         3.If the demand-judgment quotient is less than 0.2,
   41  attorney fees may not be awarded.
   42         Section 2. Subsection (4) is added to section 627.428,
   43  Florida Statutes, to read:
   44         627.428 Attorney fees.—
   45         (4)In an award of attorney fees under this section for a
   46  claim arising under a property insurance policy, a strong
   47  presumption is created that a lodestar fee is sufficient and
   48  reasonable. Such presumption may be rebutted only in a rare and
   49  exceptional circumstance with evidence that competent counsel
   50  could not be retained in a reasonable manner.
   51         Section 3. Paragraphs (f), (g), and (h) are added to
   52  subsection (5) of section 627.7011, Florida Statutes, to read:
   53         627.7011 Homeowners’ policies; offer of replacement cost
   54  coverage and law and ordinance coverage.—
   55         (5) This section does not:
   56         (f) Prohibit an insurer, notwithstanding paragraph (1)(a),
   57  from providing limited coverage on a personal lines residential
   58  property insurance policy by including a roof surface
   59  reimbursement schedule. If included in the policy, a roof
   60  surface reimbursement schedule must do all of the following:
   61         1. Provide reimbursement for repair, replacement, and
   62  installation based on the annual age of a roof surface type.
   63         2. Provide full replacement coverage for any roof surface
   64  type less than 10 years old.
   65         3. Unless otherwise demonstrated to the office to be
   66  actuarially justified, provide for reimbursement amounts of no
   67  less than:
   68         a. Seventy percent for a metal roof type.
   69         b. Forty percent for a concrete tile and clay tile roof
   70  type.
   71         c. Forty percent for a wood shake and wood shingle roof
   72  type.
   73         d. Twenty-five percent for all other roof types.
   74         4. Include at the top of the schedule, in bold type no
   75  smaller than 12 points, the following statement:
   76  
   77  “PLEASE DISCUSS WITH YOUR INSURANCE AGENT. YOU ARE ELECTING TO
   78  PURCHASE COVERAGE ON YOUR ROOF ACCORDING TO A ROOF SURFACE
   79  REIMBURSEMENT SCHEDULE. IF YOUR ROOF IS DAMAGED BY A COVERED
   80  PERIL, YOU WILL RECEIVE A PAYMENT AMOUNT FOR YOUR ROOF ACCORDING
   81  TO THE SCHEDULE BELOW. BE ADVISED THAT THIS MAY RESULT IN YOU
   82  HAVING TO PAY SIGNIFICANT COSTS TO REPAIR OR REPLACE YOUR ROOF.
   83  PLEASE DISCUSS WITH YOUR INSURANCE AGENT.”
   84  
   85         5. Allow for all actuarially sound methods of s. 627.062 to
   86  apply.
   87         6. Be approved by the office.
   88         7. Be provided to the insured with the policy documents at
   89  issuance and renewal.
   90  
   91  A roof surface reimbursement schedule may not be applied to a
   92  roof if there is a total loss to a primary structure in
   93  accordance with the valued policy law under s. 627.702 which is
   94  caused by a covered peril.
   95         (g)Prohibit an insurer that provides roof reimbursement on
   96  the basis of a roof surface reimbursement schedule from also
   97  offering roof reimbursement on the basis of replacement costs.
   98         (h)Prohibit an insurer, notwithstanding paragraph (1)(a),
   99  from providing coverage on a personal lines residential property
  100  insurance policy by limiting coverage for a roof to a stated
  101  value sublimit of coverage.
  102         Section 4. Section 627.70132, Florida Statutes, is amended
  103  to read:
  104         627.70132 Notice of property insurance windstorm or
  105  hurricane claim.—A claim, supplemental claim, or reopened claim
  106  under an insurance policy that provides property insurance, as
  107  defined in s. 624.604, for loss or damage caused by the peril of
  108  windstorm or hurricane is barred unless notice of the claim,
  109  supplemental claim, or reopened claim is was given to the
  110  insurer in accordance with the terms of the policy within 2 3
  111  years after the date of loss hurricane first made landfall or
  112  the windstorm caused the covered damage. For purposes of this
  113  section, the term “supplemental claim” or “reopened claim” means
  114  any additional claim for recovery from the insurer for losses
  115  from the same hurricane or windstorm which the insurer has
  116  previously adjusted pursuant to the initial claim. This section
  117  does not affect any applicable limitation on civil actions
  118  provided in s. 95.11 for claims, supplemental claims, or
  119  reopened claims timely filed under this section.
  120         Section 5. Subsection (9) of section 627.7015, Florida
  121  Statutes, is amended, and subsection (10) is added to that
  122  section, to read:
  123         627.7015 Alternative procedure for resolution of disputed
  124  property insurance claims.—
  125         (9) For purposes of this section, the term “claim” refers
  126  to any dispute between an insurer and a policyholder relating to
  127  a material issue of fact other than a dispute:
  128         (a) With respect to which the insurer has a reasonable
  129  basis to suspect fraud;
  130         (b) When, based on agreed-upon facts as to the cause of
  131  loss, there is no coverage under the policy;
  132         (c) With respect to which the insurer has a reasonable
  133  basis to believe that the policyholder has intentionally made a
  134  material misrepresentation of fact which is relevant to the
  135  claim, and the entire request for payment of a loss has been
  136  denied on the basis of the material misrepresentation;
  137         (d) With respect to which the amount in controversy is less
  138  than $500, unless the parties agree to mediate a dispute
  139  involving a lesser amount; or
  140         (e) With respect to a windstorm or hurricane loss that does
  141  not comply with s. 627.70132.
  142         (10)A property insurance policy may require the
  143  policyholder as a first-party claimant and a third party as an
  144  assignee of the policy benefits to participate in mediation
  145  pursuant to this section if requested by the insurer.
  146         Section 6. Section 627.70152, Florida Statutes, is created
  147  to read:
  148         627.70152 Suits arising under a property insurance policy.—
  149         (1)APPLICATION.—This section applies to all suits under a
  150  property insurance policy, including actions brought by an
  151  assignee.
  152         (2)DEFINITIONS.—As used in this section, the term:
  153         (a)“Assignee” has the same meaning as in s. 627.7152.
  154         (b)“Claimant” means an insured or assignee who is filing
  155  suit under a property insurance policy.
  156         (c)“Demand” means the specific amount alleged to be owed
  157  by the insurer to the claimant under the property insurance
  158  policy.
  159         (d)“Demand-judgment quotient” means the quotient obtained
  160  by dividing the judgment by the demand.
  161         (e)“Incurred attorney fees” means the total amount of
  162  attorney fees supported by sufficient evidence and determined by
  163  the court to have been incurred by the claimant in bringing the
  164  action.
  165         (f)“Judgment” means damages recovered, if any, but does
  166  not include any amount awarded for attorney fees, costs, or
  167  interest.
  168         (3)NOTICE.—
  169         (a)As a condition precedent to filing a suit under a
  170  property insurance policy, a claimant must provide the insurer a
  171  written notice of intent to initiate litigation in accordance
  172  with this section. Such notice must be served by certified mail,
  173  return receipt requested, or electronic delivery at least 60
  174  days before filing suit. However, such notice may not be served
  175  before the insurer has made a determination of coverage under s.
  176  627.70131. An attorney or other representative of the claimant
  177  who provides such notice must provide a copy of the notice to
  178  the claimant. The notice and any copy must specify:
  179         1.That the notice is being provided pursuant to this
  180  section;
  181         2.The alleged acts or omissions of the insurer giving rise
  182  to the action;
  183         3.The demand;
  184         4.The amount of reasonable and necessary attorney fees
  185  incurred by the claimant, to be calculated by multiplying the
  186  number of hours actually worked on the claim as of the date of
  187  the notice by the claimant’s attorney by a reasonable hourly
  188  rate; and
  189         5.If provided by an attorney or other representative, that
  190  a copy of the notice was provided to the claimant.
  191         (b)As a precondition to filing suit, an assignee also
  192  must:
  193         1.Comply with s. 627.7152; and
  194         2.Concurrent with the notice, provide the named insured,
  195  the insurer, and the assignor, if not the named insured, a
  196  detailed written invoice or estimate of services, including
  197  itemized information on equipment, materials, and supplies; the
  198  number of labor hours; and, in the case of work performed, proof
  199  that the work has been performed in accordance with accepted
  200  industry standards.
  201         (c)A notice of intent to initiate litigation must be
  202  served within the time limits provided in s. 95.11 and is not
  203  required if the action is a counterclaim. Service of a notice
  204  tolls the time limits provided in s. 95.11 for 60 days if such
  205  time limits will expire before the end of the 60-day notice
  206  period.
  207         (d)A court must dismiss without prejudice any action
  208  relating to a claim for which a notice of intent to initiate
  209  litigation is given as required by this subsection if such
  210  action is commenced before the expiration of the 60-day notice
  211  period, is brought by an insurer to whom notice was given, and
  212  is against the claimant giving notice.
  213         (4)ADMISSIBILITY OF NOTICE AND RESPONSE.—The notice
  214  provided pursuant to subsection (3) and the submissions provided
  215  pursuant to subparagraph (3)(b)2.:
  216         (a)Are admissible as evidence in a civil action or an
  217  alternative dispute resolution proceeding relating to the claim
  218  for which the notice is given;
  219         (b)Do not limit the evidence of attorney fees, damages, or
  220  loss which may be offered at trial; and
  221         (c)Do not relieve any obligation that an insured or
  222  assignee has to give notice under any other provision of law.
  223         (5)INSPECTION.—Within 30 days after an insurer receives
  224  notice pursuant to subsection (3), the insurer may send a
  225  written request to the insured or assignee to inspect,
  226  photograph, or evaluate, in a reasonable manner and at a
  227  reasonable time, the property that is the subject of the claim.
  228  If reasonably possible, the insurer must complete the
  229  inspection, photography, and evaluation not later than 60 days
  230  after the insurer receives the presuit notice. After completing
  231  the inspection, the insurer must conduct an internal review by a
  232  duly-qualified claims adjuster to fairly and promptly evaluate
  233  the claim. This section does not limit any right provided in a
  234  property insurance policy or contract to inspect property.
  235         (6)ABATEMENT.—
  236         (a)In addition to taking any other action allowed by an
  237  insurance policy or a contract or by any other provision of law,
  238  an insurer may file a motion to abate a suit under a property
  239  insurance policy if the insurer:
  240         1.Files the motion no later than the 30th day after the
  241  insurer filed an original answer in the court in which the
  242  action is pending; and
  243         2.Did not receive notice required pursuant to subsection
  244  (3) or requested an inspection pursuant to subsection (5) but
  245  was not provided a reasonable opportunity to inspect,
  246  photograph, or evaluate the property that is the subject of the
  247  claim.
  248         (b)The court shall abate the action if the court finds
  249  that the insurer did not receive the notice required by
  250  subsection (3) or requested an inspection pursuant to subsection
  251  (5) but was not provided a reasonable opportunity to inspect,
  252  photograph, or evaluate the property that is the subject of the
  253  claim.
  254         (c)The action is abated without a court order beginning on
  255  the 11th day after the motion to abate is filed if the motion to
  256  abate:
  257         1.Is verified and states that the insurer did not receive
  258  the notice required by subsection (3) or requested an inspection
  259  pursuant to subsection (5) but was not provided a reasonable
  260  opportunity to inspect, photograph, or evaluate the property
  261  that is the subject of the claim; and
  262         2.Is not controverted by an affidavit filed by the insured
  263  or assignee within 10 days after the date the plea in abatement
  264  is filed.
  265         (d)An affidavit filed pursuant to subparagraph (c)2. must
  266  include as an attachment a copy of the written notice sent
  267  pursuant to subsection (3) and state the date on which such
  268  notice was given.
  269         (e)Abatement under this subsection continues until the
  270  later of:
  271         1.Sixty days after the claimant provides notice to the
  272  insurer in compliance with subsection (3); or
  273         2.Fifty days after the insurer completes the requested
  274  inspection, photographing, or evaluating of the property
  275  pursuant to subsection (5).
  276         (f)If an action is abated pursuant to this subsection, a
  277  court may not compel during the abatement period participation
  278  in mediation pursuant to s. 627.7015 or neutral evaluation
  279  pursuant to s. 627.7074.
  280         (7)ATTORNEY FEES.—
  281         (a)Notwithstanding any other provision of law, in a suit
  282  arising under a residential or commercial property insurance
  283  policy, attorney fees and costs may be recovered by a claimant
  284  only pursuant to s. 57.105 and this subsection. Attorney fees
  285  may be awarded to a claimant under this section as follows:
  286         1.If the demand-judgment quotient is greater than or equal
  287  to 0.8, the full amount of incurred attorney fees may be
  288  awarded.
  289         2.If the demand-judgment quotient is equal to or greater
  290  than 0.2 but less than 0.8, the attorney fees must equal the
  291  product of multiplying the incurred attorney fees by the demand
  292  judgment quotient.
  293         3.If the demand-judgment quotient is less than 0.2,
  294  attorney fees may not be awarded.
  295         (b)If an insurer pleads and proves that it did not receive
  296  notice that complies with subsection (3) and files such pleading
  297  no later than the 30th day after the insurer files an original
  298  answer in the court in which the action is pending, the court
  299  may not award to the claimant any incurred attorney fees for
  300  services rendered after the date on which the insurer files such
  301  pleading with the court.
  302         (c)If a claimant commences an action in any court of this
  303  state based upon or including the same claim against the same
  304  adverse party that such insured or assignee has previously
  305  voluntarily dismissed in a court of this state, the court may
  306  order the insured or assignee to pay the attorney fees and costs
  307  of the adverse party resulting from the action previously
  308  voluntarily dismissed. The court shall stay the proceedings in
  309  the subsequent action until the insured or assignee has complied
  310  with the order.
  311         Section 7. Section 627.70153, Florida Statutes, is created
  312  to read:
  313         627.70153 Consolidation of residential property insurance
  314  actions.—Each party that is aware of ongoing multiple actions
  315  involving coverage provided under the same residential property
  316  insurance policy for the same property with the same owners must
  317  provide written notice to the court of the multiple actions.
  318  Upon notification of any party, the court may order that the
  319  actions be consolidated and transferred to the court having
  320  jurisdiction based on the total amount in controversy of all
  321  consolidated claims. If multiple cases are pending in circuit
  322  courts, the cases may be consolidated based on the date on which
  323  the first case was filed.
  324         Section 8. Paragraphs (d) through (g) of subsection (1),
  325  paragraph (a) of subsection (2), and subsections (5), (9), and
  326  (10) of section 627.7152, Florida Statutes, are amended to read:
  327         627.7152 Assignment agreements.—
  328         (1) As used in this section, the term:
  329         (d) “Disputed amount” means the difference between the
  330  assignee’s presuit settlement demand and the insurer’s presuit
  331  settlement offer.
  332         (e) “Judgment obtained” means damages recovered, if any,
  333  but does not include any amount awarded for attorney fees,
  334  costs, or interest.
  335         (f) “Presuit settlement demand” means the demand made by
  336  the assignee in the written notice of intent to initiate
  337  litigation as required by paragraph (9)(a).
  338         (g) “Presuit settlement offer” means the offer made by the
  339  insurer in its written response to the notice of intent to
  340  initiate litigation as required by paragraph (9)(b).
  341         (2)(a) An assignment agreement must:
  342         1. Be in writing and executed by and between the assignor
  343  and the assignee.
  344         2. Contain a provision that allows the assignor to rescind
  345  the assignment agreement without a penalty or fee by submitting
  346  a written notice of rescission signed by the assignor to the
  347  assignee within 14 days after the execution of the agreement, at
  348  least 30 days after the date work on the property is scheduled
  349  to commence if the assignee has not substantially performed, or
  350  at least 30 days after the execution of the agreement if the
  351  agreement does not contain a commencement date and the assignee
  352  has not begun substantial work on the property.
  353         3. Contain a provision requiring the assignee to provide a
  354  copy of the executed assignment agreement to the insurer and the
  355  named insured within 3 business days after the date on which the
  356  assignment agreement is executed or the date on which work
  357  begins, whichever is earlier. Delivery of the copy of the
  358  assignment agreement to the insurer and the named insured may be
  359  made:
  360         a. By personal service, overnight delivery, or electronic
  361  transmission, with evidence of delivery in the form of a receipt
  362  or other paper or electronic acknowledgment by the insurer or
  363  named insured, as applicable; or
  364         b. To the location designated for the insurer’s receipt of
  365  such agreements as specified in the policy.
  366         4. Contain a written, itemized, per-unit cost estimate of
  367  the services to be performed by the assignee.
  368         5. Relate only to work to be performed by the assignee for
  369  services to protect, repair, restore, or replace a dwelling or
  370  structure or to mitigate against further damage to such
  371  property.
  372         6. Contain the following notice in 18-point uppercase and
  373  boldfaced type:
  374  
  375         YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE
  376         UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH
  377         MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE
  378         READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT.
  379         YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT
  380         PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT
  381         IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON
  382         THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE
  383         HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS
  384         AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT
  385         DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE
  386         HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY.
  387         HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY
  388         CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS
  389         RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR
  390         OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR
  391         PROPERTY INSURANCE POLICY.
  392  
  393         7. Contain a provision requiring the assignee to indemnify
  394  and hold harmless the assignor from all liabilities, damages,
  395  losses, and costs, including, but not limited to, attorney fees,
  396  should the policy subject to the assignment agreement prohibit,
  397  in whole or in part, the assignment of benefits.
  398         (5) An assignment agreement and this section do not modify
  399  or eliminate:
  400         (a) Any term, condition, or defense relating to any managed
  401  repair arrangement provided in the policy.
  402         (b)The right of an insurer to communicate directly with
  403  the named insured if such insured is not represented by counsel.
  404         (9)(a) An assignee must provide the named insured, insurer,
  405  and the assignor, if not the named insured, with a written
  406  notice of intent to initiate litigation before filing suit under
  407  the policy. Such notice must be served by certified mail, return
  408  receipt requested, or electronic delivery at least 10 business
  409  days before filing suit, but may not be served before the
  410  insurer has made a determination of coverage under s. 627.70131.
  411  The notice must specify the damages in dispute, the amount
  412  claimed, and a presuit settlement demand. Concurrent with the
  413  notice, and as a precondition to filing suit, the assignee must
  414  provide the named insured, insurer, and the assignor, if not the
  415  named insured, a detailed written invoice or estimate of
  416  services, including itemized information on equipment,
  417  materials, and supplies; the number of labor hours; and, in the
  418  case of work performed, proof that the work has been performed
  419  in accordance with accepted industry standards.
  420         (b) An insurer must respond in writing to the notice within
  421  10 business days after receiving the notice specified in
  422  paragraph (a) by making a presuit settlement offer or requiring
  423  the assignee to participate in appraisal or other method of
  424  alternative dispute resolution under the policy. An insurer must
  425  have a procedure for the prompt investigation, review, and
  426  evaluation of the dispute stated in the notice and must
  427  investigate each claim contained in the notice in accordance
  428  with the Florida Insurance Code.
  429         (10) Notwithstanding any other provision of law, in a suit
  430  related to an assignment agreement for post-loss claims arising
  431  under a residential or commercial property insurance policy,
  432  attorney fees and costs may be recovered by an assignee only
  433  under s. 57.105 and this subsection.
  434         (a) If the difference between the judgment obtained by the
  435  assignee and the presuit settlement offer is:
  436         1. Less than 25 percent of the disputed amount, the insurer
  437  is entitled to an award of reasonable attorney fees.
  438         2. At least 25 percent but less than 50 percent of the
  439  disputed amount, no party is entitled to an award of attorney
  440  fees.
  441         3. At least 50 percent of the disputed amount, the assignee
  442  is entitled to an award of reasonable attorney fees.
  443         (b) If the insurer fails to inspect the property or provide
  444  written or oral authorization for repairs within 7 calendar days
  445  after the first notice of loss, the insurer waives its right to
  446  an award of attorney fees under this subsection. If the failure
  447  to inspect the property or provide written or oral authorization
  448  for repairs is the result of an event for which the Governor had
  449  declared a state of emergency under s. 252.36, factors beyond
  450  the control of the insurer which reasonably prevented an
  451  inspection or written or oral authorization for repairs, or the
  452  named insured’s failure or inability to allow an inspection of
  453  the property after a request by the insurer, the insurer does
  454  not waive its right to an award of attorney fees under this
  455  subsection.
  456         (c) If an assignee commences an action in any court of this
  457  state based upon or including the same claim against the same
  458  adverse party that such assignee has previously voluntarily
  459  dismissed in a court of this state, the court may order the
  460  assignee to pay the attorney fees and costs of the adverse party
  461  resulting from the action previously voluntarily dismissed. The
  462  court shall stay the proceedings in the subsequent action until
  463  the assignee has complied with the order.
  464         Section 9. The Supreme Court of Florida is requested to
  465  amend the Rules of Professional Conduct of the Rules Regulating
  466  The Florida Bar to require that, when a recovery judgment has
  467  been awarded in a residential or commercial residential property
  468  claim, each participating lawyer or law firm must provide
  469  closing statements itemizing the amount of the fee received by
  470  each participating lawyer or law firm, costs, and expenses to
  471  the Department of Financial Services.
  472         Section 10. This act shall take effect July 1, 2021.
  473  
  474  ================= T I T L E  A M E N D M E N T ================
  475  And the title is amended as follows:
  476         Delete everything before the enacting clause
  477  and insert:
  478                        A bill to be entitled                      
  479         An act relating to residential property insurance;
  480         amending s. 626.9373, F.S.; providing that, for
  481         certain attorney fees awarded for claims arising under
  482         surplus lines property insurance policies, a strong
  483         presumption is created that a lodestar fee is
  484         sufficient and reasonable; providing that such
  485         presumption may be rebutted only under certain
  486         circumstances; defining terms; providing for an award
  487         of attorney fees for certain claims under specified
  488         circumstances; amending s. 627.428, F.S.; providing
  489         that, for certain attorney fees awarded for claims
  490         arising under property insurance policies, a strong
  491         presumption is created that a lodestar fee is
  492         sufficient and reasonable; providing that such
  493         presumption may be rebutted only under certain
  494         circumstances; amending s. 627.7011, F.S.; providing
  495         that certain provisions relating to homeowners’
  496         policies, offers of replacement cost coverage, and
  497         offers of law and ordinance coverage do not prohibit
  498         insurers from providing specified property insurance
  499         policies by including roof surface reimbursement
  500         schedules; providing requirements for roof surface
  501         reimbursement schedules; prohibiting application of a
  502         roof surface reimbursement schedule under certain
  503         circumstances; providing that certain provisions
  504         relating to homeowners’ policies, offers of
  505         replacement cost coverage, and offers of law and
  506         ordinance coverage do not prohibit insurers from
  507         providing specified property insurance policies by
  508         offering roof reimbursement on the basis of
  509         replacement costs; providing that certain provisions
  510         relating to homeowners’ policies, offers of
  511         replacement cost coverage, and offers of law and
  512         ordinance coverage do not prohibit insurers from
  513         providing coverage on specified property insurance
  514         policies for a roof that is limited to a certain
  515         value; amending s. 627.70132, F.S.; revising property
  516         insurance coverages for which a notice of claim must
  517         be given to the insurer within a specified timeframe;
  518         revising the timeframe for providing notices of
  519         property insurance claims; revising the definitions of
  520         the terms “supplemental claim” and “reopened claim”;
  521         amending s. 627.7015, F.S.; conforming a provision to
  522         changes made by the act; authorizing property
  523         insurance policies to require policyholders and
  524         assignees to participate in mediation; creating s.
  525         627.70152, F.S.; providing applicability; defining
  526         terms; requiring notice of intent to initiate
  527         litigation; specifying requirements for such notice;
  528         specifying an assignee’s presuit obligations;
  529         specifying the timeframe within which a notice of
  530         intent to initiate litigation must be served;
  531         requiring dismissal of certain actions under specified
  532         circumstances; specifying the admissibility of certain
  533         evidence; providing construction; authorizing an
  534         insurer to request to inspect, photograph, or evaluate
  535         certain property; specifying requirements for such
  536         inspections, photographs, and evaluations; authorizing
  537         motions to abate suits under property insurance
  538         policies; specifying conditions for abatement;
  539         providing for an award of attorney fees for certain
  540         claims under specified circumstances; providing for an
  541         award of attorney fees following a voluntary dismissal
  542         under certain circumstances; requiring the court to
  543         stay proceedings under certain circumstances; creating
  544         s. 627.70153, F.S.; requiring parties that are aware
  545         of certain residential property insurance claims to
  546         notify the court of multiple proceedings; authorizing
  547         the court to consolidate certain residential property
  548         insurance claims upon notification of any party;
  549         amending s. 627.7152, F.S.; deleting definitions;
  550         requiring assignment agreements to be provided to
  551         named insureds; providing that assignment agreements
  552         do not modify the right of insurers to communicate
  553         directly with unrepresented named insureds; deleting a
  554         requirement for a notice of intent to initiate
  555         litigation; deleting requirements for such notice;
  556         deleting a requirement for a written response to the
  557         notice of intent to initiate litigation; deleting
  558         requirements for such response; deleting a provision
  559         related to an award of reasonable attorney fees and
  560         costs for certain claims arising under an assignment
  561         agreement; deleting a provision related to an award of
  562         reasonable attorney fees and costs following a
  563         voluntary dismissal under certain circumstances;
  564         deleting a requirement for the court to stay
  565         proceedings under certain circumstances; requesting
  566         the Florida Supreme Court to amend rules to require
  567         participating lawyers or firms to provide closing
  568         statements to the department under certain
  569         circumstances; providing an effective date.