Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 76
Ì670126ÆÎ670126
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2021 .
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The Committee on Rules (Boyd) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (3) is added to section 626.9373,
6 Florida Statutes, to read:
7 626.9373 Attorney’s fees.—
8 (3)(a) As used in this subsection, the term:
9 1. “Assignee” has the same meaning as in s. 627.7152.
10 2. “Claimant” means an insured or assignee who is filing
11 suit under a property insurance policy.
12 3. “Demand” means the specific amount alleged to be owed by
13 the insurer to the claimant under the property insurance policy.
14 4. “Demand-judgment quotient” means the quotient obtained
15 by dividing the judgment by the demand.
16 5. “Incurred attorney fees” means the total amount of
17 attorney fees supported by sufficient evidence and determined by
18 the court to have been incurred by the claimant in bringing the
19 action.
20 6. “Judgment” means damages recovered, if any, but does not
21 include any amount awarded for attorney fees, costs, or
22 interest.
23 (b) Notwithstanding any other provision of law, in a suit
24 arising under a residential or commercial property insurance
25 policy, attorney fees and costs may be recovered only pursuant
26 to s. 57.105 and this subsection. Attorney fees may be awarded
27 under this section as follows:
28 1. If the demand-judgment quotient is greater than or equal
29 to 0.8, the full amount of incurred attorney fees may be awarded
30 to the claimant.
31 2. If the demand-judgment quotient is equal to or greater
32 than 0.2 but less than 0.8, the attorney fees awarded to the
33 claimant must equal the product of multiplying the incurred
34 attorney fees by the demand-judgment quotient.
35 3. If the demand-judgment quotient is less than 0.2, a
36 claimant may not be awarded attorney fees; however, the full
37 amount of attorney fees incurred may be awarded to the insurer
38 if the claimant is an assignee.
39 (c) In an award of attorney fees under this subsection, a
40 strong presumption is created that a lodestar fee is sufficient
41 and reasonable. Such presumption may be rebutted only in a rare
42 and exceptional circumstance with evidence that competent
43 counsel could not be retained in a reasonable manner.
44 Section 2. Subsection (4) is added to section 627.428,
45 Florida Statutes, to read:
46 627.428 Attorney fees.—
47 (4) This section does not apply to a judgment or decree
48 entered by any of court of this state against a commercial or
49 residential property insurer.
50 Section 3. Paragraphs (f), (g), and (h) are added to
51 subsection (5) of section 627.7011, Florida Statutes, to read:
52 627.7011 Homeowners’ policies; offer of replacement cost
53 coverage and law and ordinance coverage.—
54 (5) This section does not:
55 (f) Prohibit an insurer, notwithstanding paragraph (1)(a),
56 from providing limited coverage on a personal lines residential
57 property insurance policy by including a roof covering
58 reimbursement schedule. If included in the policy, a roof
59 covering reimbursement schedule must do all of the following:
60 1. Provide reimbursement for repair, replacement, and
61 installation based on the annual age of a roof covering type.
62 2. Provide full replacement coverage for any roof covering
63 type less than 10 years old.
64 3. Unless otherwise demonstrated to the office to be
65 actuarially justified, provide for reimbursement amounts of no
66 less than:
67 a. Seventy percent for a metal roof type.
68 b. Forty percent for a concrete tile and clay tile roof
69 type.
70 c. Forty percent for a wood shake and wood shingle roof
71 type.
72 d. Twenty-five percent for all other roof types.
73 4. Include at the top of the schedule, in bold type no
74 smaller than 12 points, the following statement:
75
76 “PLEASE DISCUSS WITH YOUR INSURANCE AGENT. YOU ARE ELECTING TO
77 PURCHASE COVERAGE ON YOUR ROOF ACCORDING TO A ROOF COVERING
78 REIMBURSEMENT SCHEDULE. IF YOUR ROOF IS DAMAGED BY A COVERED
79 PERIL, YOU WILL RECEIVE A PAYMENT AMOUNT FOR YOUR ROOF ACCORDING
80 TO THE SCHEDULE BELOW. BE ADVISED THAT THIS MAY RESULT IN YOU
81 HAVING TO PAY SIGNIFICANT COSTS TO REPAIR OR REPLACE YOUR ROOF.
82 PLEASE DISCUSS WITH YOUR INSURANCE AGENT.”
83
84 5. Allow for all actuarially sound methods of s. 627.062 to
85 apply.
86 6. Be approved by the office.
87 7. Be provided to the insured with the policy documents at
88 issuance and renewal.
89
90 A roof covering reimbursement schedule may not be applied to a
91 roof if there is a total loss to a primary structure in
92 accordance with the valued policy law under s. 627.702 which is
93 caused by a covered peril.
94 (g) Prohibit an insurer that provides roof reimbursement on
95 the basis of a roof covering reimbursement schedule from also
96 offering roof reimbursement on the basis of replacement costs.
97 (h) Prohibit an insurer, notwithstanding paragraph (1)(a),
98 from providing coverage on a personal lines residential property
99 insurance policy by limiting coverage for a roof to a stated
100 value sublimit of coverage. A stated value sublimit of coverage
101 may not be applied to a roof if there is a total loss to the
102 primary structure in accordance with the valued policy law under
103 s. 627.702 which is caused by a covered peril.
104 Section 4. Section 627.70132, Florida Statutes, is amended
105 to read:
106 627.70132 Notice of property insurance windstorm or
107 hurricane claim.—A claim, supplemental claim, or reopened claim
108 under an insurance policy that provides property insurance, as
109 defined in s. 624.604, including a property insurance policy
110 issued by an eligible surplus lines insurer, for loss or damage
111 caused by the peril of windstorm or hurricane is barred unless
112 notice of the claim, supplemental claim, or reopened claim is
113 was given to the insurer in accordance with the terms of the
114 policy within 2 3 years after the date of loss hurricane first
115 made landfall or the windstorm caused the covered damage. For
116 purposes of this section, the term “supplemental claim” or
117 “reopened claim” means any additional claim for recovery from
118 the insurer for losses from the same hurricane or windstorm
119 which the insurer has previously adjusted pursuant to the
120 initial claim. This section does not affect any applicable
121 limitation on civil actions provided in s. 95.11 for claims,
122 supplemental claims, or reopened claims timely filed under this
123 section.
124 Section 5. Subsection (9) of section 627.7015, Florida
125 Statutes, is amended, and subsection (10) is added to that
126 section, to read:
127 627.7015 Alternative procedure for resolution of disputed
128 property insurance claims.—
129 (9) For purposes of this section, the term “claim” refers
130 to any dispute between an insurer and a policyholder relating to
131 a material issue of fact other than a dispute:
132 (a) With respect to which the insurer has a reasonable
133 basis to suspect fraud;
134 (b) When, based on agreed-upon facts as to the cause of
135 loss, there is no coverage under the policy;
136 (c) With respect to which the insurer has a reasonable
137 basis to believe that the policyholder has intentionally made a
138 material misrepresentation of fact which is relevant to the
139 claim, and the entire request for payment of a loss has been
140 denied on the basis of the material misrepresentation;
141 (d) With respect to which the amount in controversy is less
142 than $500, unless the parties agree to mediate a dispute
143 involving a lesser amount; or
144 (e) With respect to a windstorm or hurricane loss that does
145 not comply with s. 627.70132.
146 (10) A property insurance policy may require the
147 policyholder as a first-party claimant and a third party as an
148 assignee of the policy benefits to participate in mediation
149 pursuant to this section if requested by the insurer.
150 Section 6. Section 627.70152, Florida Statutes, is created
151 to read:
152 627.70152 Suits arising under a property insurance policy.—
153 (1) APPLICATION.—This section applies to all suits under a
154 property insurance policy, including actions brought by an
155 assignee.
156 (2) DEFINITIONS.—As used in this section, the term:
157 (a) “Assignee” has the same meaning as in s. 627.7152.
158 (b) “Claimant” means an insured or assignee who is filing
159 suit under a property insurance policy.
160 (c) “Demand” means the specific amount alleged to be owed
161 by the insurer to the claimant under the property insurance
162 policy.
163 (d) “Demand-judgment quotient” means the quotient obtained
164 by dividing the judgment by the demand.
165 (e) “Incurred attorney fees” means the total amount of
166 attorney fees supported by sufficient evidence and determined by
167 the court to have been incurred by the claimant in bringing the
168 action.
169 (f) “Judgment” means damages recovered, if any, but does
170 not include any amount awarded for attorney fees, costs, or
171 interest.
172 (3) NOTICE.—
173 (a) As a condition precedent to filing a suit under a
174 property insurance policy, a claimant must provide the insurer a
175 written notice of intent to initiate litigation in accordance
176 with this section. A claimant who is an assignee must also
177 provide such notice to the named insured or the assignor, if not
178 the named insured. 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
198 The notice and any copy must be accompanied by a detailed
199 written invoice or estimate of services, including itemized
200 information on equipment, materials, and supplies; the number of
201 labor hours; and, in the case of work performed, proof that the
202 work has been performed in accordance with accepted industry
203 standards.
204 (b) As a precondition to filing suit, an assignee also must
205 comply with s. 627.7152.
206 (c) A notice of intent to initiate litigation must be
207 served within the time limits provided in s. 95.11 and is not
208 required if the action is a counterclaim. Service of a notice
209 tolls the time limits provided in s. 95.11 for 60 days if such
210 time limits will expire before the end of the 60-day notice
211 period.
212 (d) A court must dismiss without prejudice any action
213 relating to a claim for which a notice of intent to initiate
214 litigation is given as required by this subsection if such
215 action is commenced before the expiration of the 60-day notice
216 period, is brought by an insurer to whom notice was given, and
217 is against the claimant giving notice.
218 (4) ADMISSIBILITY OF NOTICE AND RESPONSE.—The notice
219 provided pursuant to subsection (3) and the submissions provided
220 pursuant to subparagraph (3)(b)2.:
221 (a) Are admissible as evidence in a civil action or an
222 alternative dispute resolution proceeding relating to the claim
223 for which the notice is given;
224 (b) Do not limit the evidence of attorney fees, damages, or
225 loss which may be offered at trial; and
226 (c) Do not relieve any obligation that an insured or
227 assignee has to give notice under any other provision of law.
228 (5) INSPECTION.—Within 30 days after an insurer receives
229 notice pursuant to subsection (3), the insurer may send a
230 written request to the insured or assignee to inspect,
231 photograph, or evaluate, in a reasonable manner and at a
232 reasonable time, the property that is the subject of the claim.
233 If reasonably possible, the insurer must complete the
234 inspection, photography, and evaluation not later than 60 days
235 after the insurer receives the presuit notice. After completing
236 the inspection, the insurer must conduct an internal review by a
237 duly-qualified claims adjuster to fairly and promptly evaluate
238 the claim. This section does not limit any right provided in a
239 property insurance policy or contract to inspect property.
240 (6) ABATEMENT.—
241 (a) In addition to taking any other action allowed by an
242 insurance policy or a contract or by any other provision of law,
243 an insurer may file a motion to abate a suit under a property
244 insurance policy if the insurer:
245 1. Files the motion no later than the 30th day after the
246 insurer filed an original answer in the court in which the
247 action is pending; and
248 2. Did not receive notice required pursuant to subsection
249 (3) or requested an inspection pursuant to subsection (5) but
250 was not provided a reasonable opportunity to inspect,
251 photograph, or evaluate the property that is the subject of the
252 claim.
253 (b) The court shall abate the action if the court finds
254 that the insurer did not receive the notice required by
255 subsection (3) or requested an inspection pursuant to subsection
256 (5) but was not provided a reasonable opportunity to inspect,
257 photograph, or evaluate the property that is the subject of the
258 claim.
259 (c) The action is abated without a court order beginning on
260 the 11th day after the motion to abate is filed if the motion to
261 abate:
262 1. Is verified and states that the insurer did not receive
263 the notice required by subsection (3) or requested an inspection
264 pursuant to subsection (5) but was not provided a reasonable
265 opportunity to inspect, photograph, or evaluate the property
266 that is the subject of the claim; and
267 2. Is not controverted by an affidavit filed by the insured
268 or assignee within 10 days after the date the plea in abatement
269 is filed.
270 (d) An affidavit filed pursuant to subparagraph (c)2. must
271 include as an attachment a copy of the written notice sent
272 pursuant to subsection (3) and state the date on which such
273 notice was given.
274 (e) Abatement under this subsection continues until the
275 later of:
276 1. Sixty days after the claimant provides notice to the
277 insurer in compliance with subsection (3); or
278 2. Fifty days after the insurer completes the requested
279 inspection, photographing, or evaluating of the property
280 pursuant to subsection (5).
281 (f) If an action is abated pursuant to this subsection, a
282 court may not compel during the abatement period participation
283 in mediation pursuant to s. 627.7015 or neutral evaluation
284 pursuant to s. 627.7074.
285 (7) ATTORNEY FEES.—
286 (a) Notwithstanding any other provision of law, in a suit
287 arising under a residential or commercial property insurance
288 policy, attorney fees and costs may be recovered only pursuant
289 to s. 57.105 and this subsection. An award of attorney fees and
290 costs may include only attorney fees and costs incurred after
291 the suit is filed and may not include attorney fees and costs
292 incurred while a suit is in abatement pursuant to this section.
293 Attorney fees may be awarded under this section as follows:
294 1. If the demand-judgment quotient is greater than or equal
295 to 0.8, the full amount of incurred attorney fees may be awarded
296 to the claimant.
297 2. If the demand-judgment quotient is equal to or greater
298 than 0.2 but less than 0.8, the attorney fees awarded to the
299 claimant must equal the product of multiplying the incurred
300 attorney fees by the demand-judgment quotient.
301 3. If the demand-judgment quotient is less than 0.2, a
302 claimant may not be awarded attorney fees; however, the full
303 amount of attorney fees incurred may be awarded to the insurer
304 if the claimant is an assignee.
305 (b) In an award of attorney fees under this subsection, a
306 strong presumption is created that a lodestar fee is sufficient
307 and reasonable. Such presumption may be rebutted only in a rare
308 and exceptional circumstance with evidence that competent
309 counsel could not be retained in a reasonable manner.
310 (c) If an insurer pleads and proves that it did not receive
311 notice that complies with subsection (3) and files such pleading
312 no later than the 30th day after the insurer files an original
313 answer in the court in which the action is pending, the court
314 may not award to the claimant any incurred attorney fees for
315 services rendered after the date on which the insurer files such
316 pleading with the court.
317 (d) If a claimant commences an action in any court of this
318 state based upon or including the same claim against the same
319 adverse party that such insured or assignee has previously
320 voluntarily dismissed in a court of this state, the court may
321 order the insured or assignee to pay the attorney fees and costs
322 of the adverse party resulting from the action previously
323 voluntarily dismissed. The court shall stay the proceedings in
324 the subsequent action until the insured or assignee has complied
325 with the order.
326 Section 7. Section 627.70153, Florida Statutes, is created
327 to read:
328 627.70153 Consolidation of residential property insurance
329 actions.—Each party that is aware of ongoing multiple actions
330 involving coverage provided under the same residential property
331 insurance policy for the same property with the same owners must
332 provide written notice to the court of the multiple actions.
333 Upon notification of any party, the court may order that the
334 actions be consolidated and transferred to the court having
335 jurisdiction based on the total amount in controversy of all
336 consolidated claims. If multiple cases are pending in circuit
337 courts, the cases may be consolidated based on the date on which
338 the first case was filed.
339 Section 8. Paragraphs (d) through (g) of subsection (1),
340 paragraph (a) of subsection (2), and subsections (5), (9), and
341 (10) of section 627.7152, Florida Statutes, are amended to read:
342 627.7152 Assignment agreements.—
343 (1) As used in this section, the term:
344 (d) “Disputed amount” means the difference between the
345 assignee’s presuit settlement demand and the insurer’s presuit
346 settlement offer.
347 (e) “Judgment obtained” means damages recovered, if any,
348 but does not include any amount awarded for attorney fees,
349 costs, or interest.
350 (f) “Presuit settlement demand” means the demand made by
351 the assignee in the written notice of intent to initiate
352 litigation as required by paragraph (9)(a).
353 (g) “Presuit settlement offer” means the offer made by the
354 insurer in its written response to the notice of intent to
355 initiate litigation as required by paragraph (9)(b).
356 (2)(a) An assignment agreement must:
357 1. Be in writing and executed by and between the assignor
358 and the assignee.
359 2. Contain a provision that allows the assignor to rescind
360 the assignment agreement without a penalty or fee by submitting
361 a written notice of rescission signed by the assignor to the
362 assignee within 14 days after the execution of the agreement, at
363 least 30 days after the date work on the property is scheduled
364 to commence if the assignee has not substantially performed, or
365 at least 30 days after the execution of the agreement if the
366 agreement does not contain a commencement date and the assignee
367 has not begun substantial work on the property.
368 3. Contain a provision requiring the assignee to provide a
369 copy of the executed assignment agreement to the insurer and the
370 named insured within 3 business days after the date on which the
371 assignment agreement is executed or the date on which work
372 begins, whichever is earlier. Delivery of the copy of the
373 assignment agreement to the insurer and the named insured may be
374 made:
375 a. By personal service, overnight delivery, or electronic
376 transmission, with evidence of delivery in the form of a receipt
377 or other paper or electronic acknowledgment by the insurer or
378 named insured, as applicable; or
379 b. To the location designated for the insurer’s receipt of
380 such agreements as specified in the policy.
381 4. Contain a written, itemized, per-unit cost estimate of
382 the services to be performed by the assignee.
383 5. Relate only to work to be performed by the assignee for
384 services to protect, repair, restore, or replace a dwelling or
385 structure or to mitigate against further damage to such
386 property.
387 6. Contain the following notice in 18-point uppercase and
388 boldfaced type:
389
390 YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE
391 UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH
392 MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE
393 READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT.
394 YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT
395 PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT
396 IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON
397 THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE
398 HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS
399 AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT
400 DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE
401 HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY.
402 HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY
403 CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS
404 RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR
405 OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR
406 PROPERTY INSURANCE POLICY.
407
408 7. Contain a provision requiring the assignee to indemnify
409 and hold harmless the assignor from all liabilities, damages,
410 losses, and costs, including, but not limited to, attorney fees,
411 should the policy subject to the assignment agreement prohibit,
412 in whole or in part, the assignment of benefits.
413 (5) An assignment agreement and this section do not modify
414 or eliminate:
415 (a) Any term, condition, or defense relating to any managed
416 repair arrangement provided in the policy.
417 (b) The right of an insurer to communicate directly with
418 the named insured.
419 (9)(a) An assignee must provide the named insured, insurer,
420 and the assignor, if not the named insured, with a written
421 notice of intent to initiate litigation before filing suit under
422 the policy. Such notice must be served by certified mail, return
423 receipt requested, or electronic delivery at least 10 business
424 days before filing suit, but may not be served before the
425 insurer has made a determination of coverage under s. 627.70131.
426 The notice must specify the damages in dispute, the amount
427 claimed, and a presuit settlement demand. Concurrent with the
428 notice, and as a precondition to filing suit, the assignee must
429 provide the named insured, insurer, and the assignor, if not the
430 named insured, a detailed written invoice or estimate of
431 services, including itemized information on equipment,
432 materials, and supplies; the number of labor hours; and, in the
433 case of work performed, proof that the work has been performed
434 in accordance with accepted industry standards.
435 (b) An insurer must respond in writing to the notice within
436 10 business days after receiving the notice specified in
437 paragraph (a) by making a presuit settlement offer or requiring
438 the assignee to participate in appraisal or other method of
439 alternative dispute resolution under the policy. An insurer must
440 have a procedure for the prompt investigation, review, and
441 evaluation of the dispute stated in the notice and must
442 investigate each claim contained in the notice in accordance
443 with the Florida Insurance Code.
444 (10) Notwithstanding any other provision of law, in a suit
445 related to an assignment agreement for post-loss claims arising
446 under a residential or commercial property insurance policy,
447 attorney fees and costs may be recovered by an assignee only
448 under s. 57.105 and this subsection.
449 (a) If the difference between the judgment obtained by the
450 assignee and the presuit settlement offer is:
451 1. Less than 25 percent of the disputed amount, the insurer
452 is entitled to an award of reasonable attorney fees.
453 2. At least 25 percent but less than 50 percent of the
454 disputed amount, no party is entitled to an award of attorney
455 fees.
456 3. At least 50 percent of the disputed amount, the assignee
457 is entitled to an award of reasonable attorney fees.
458 (b) If the insurer fails to inspect the property or provide
459 written or oral authorization for repairs within 7 calendar days
460 after the first notice of loss, the insurer waives its right to
461 an award of attorney fees under this subsection. If the failure
462 to inspect the property or provide written or oral authorization
463 for repairs is the result of an event for which the Governor had
464 declared a state of emergency under s. 252.36, factors beyond
465 the control of the insurer which reasonably prevented an
466 inspection or written or oral authorization for repairs, or the
467 named insured’s failure or inability to allow an inspection of
468 the property after a request by the insurer, the insurer does
469 not waive its right to an award of attorney fees under this
470 subsection.
471 (c) If an assignee commences an action in any court of this
472 state based upon or including the same claim against the same
473 adverse party that such assignee has previously voluntarily
474 dismissed in a court of this state, the court may order the
475 assignee to pay the attorney fees and costs of the adverse party
476 resulting from the action previously voluntarily dismissed. The
477 court shall stay the proceedings in the subsequent action until
478 the assignee has complied with the order.
479 Section 9. The Supreme Court of Florida is requested to
480 amend the Rules of Professional Conduct of the Rules Regulating
481 The Florida Bar to require that, when a recovery judgment has
482 been awarded in a residential or commercial residential property
483 claim, each defense and plaintiff lawyer or law firm must
484 provide closing statements itemizing the amount of the fee
485 received by each defense and plaintiff lawyer or law firm,
486 costs, and expenses to the Department of Financial Services.
487 Section 10. This act shall take effect July 1, 2021.
488
489 ================= T I T L E A M E N D M E N T ================
490 And the title is amended as follows:
491 Delete everything before the enacting clause
492 and insert:
493 A bill to be entitled
494 An act relating to property insurance; amending s.
495 626.9373, F.S.; defining terms; providing for an award
496 of attorney fees for certain claims under specified
497 circumstances; providing that, for certain attorney
498 fees awarded for claims arising under surplus lines
499 property insurance policies, a strong presumption is
500 created that a lodestar fee is sufficient and
501 reasonable; providing that such presumption may be
502 rebutted only under certain circumstances; amending s.
503 627.428, F.S.; providing applicability; amending s.
504 627.7011, F.S.; providing that certain provisions
505 relating to homeowners’ policies, offers of
506 replacement cost coverage, and offers of law and
507 ordinance coverage do not prohibit insurers from
508 providing specified property insurance policies by
509 including roof covering reimbursement schedules;
510 providing requirements for roof covering reimbursement
511 schedules; prohibiting application of a roof covering
512 reimbursement schedule under certain circumstances;
513 providing that certain provisions relating to
514 homeowners’ policies, offers of replacement cost
515 coverage, and offers of law and ordinance coverage do
516 not prohibit insurers from providing specified
517 property insurance policies by offering roof
518 reimbursement on the basis of replacement costs;
519 providing that certain provisions relating to
520 homeowners’ policies, offers of replacement cost
521 coverage, and offers of law and ordinance coverage do
522 not prohibit insurers from providing coverage on
523 specified property insurance policies for a roof that
524 is limited to a certain value; providing that a stated
525 value sublimit of coverage may not be applied to a
526 roof in certain circumstances; amending s. 627.70132,
527 F.S.; revising property insurance coverages for which
528 a notice of claim must be given to the insurer within
529 a specified timeframe; revising the timeframe for
530 providing notices of property insurance claims;
531 revising the definitions of the terms “supplemental
532 claim” and “reopened claim”; amending s. 627.7015,
533 F.S.; conforming a provision to changes made by the
534 act; authorizing property insurance policies to
535 require policyholders and assignees to participate in
536 mediation; creating s. 627.70152, F.S.; providing
537 applicability; defining terms; requiring notice of
538 intent to initiate litigation; specifying requirements
539 for such notice; specifying an assignee’s presuit
540 obligations; specifying the timeframe within which a
541 notice of intent to initiate litigation must be
542 served; requiring dismissal of certain actions under
543 specified circumstances; specifying the admissibility
544 of certain evidence; providing construction;
545 authorizing an insurer to request to inspect,
546 photograph, or evaluate certain property; specifying
547 requirements for such inspections, photographs, and
548 evaluations; authorizing motions to abate suits under
549 property insurance policies; specifying conditions for
550 abatement; providing for an award of attorney fees for
551 certain claims under specified circumstances;
552 providing that, for certain attorney fees awarded for
553 claims arising under property insurance policies, a
554 strong presumption is created that a lodestar fee is
555 sufficient and reasonable; providing that such
556 presumption may be rebutted only under certain
557 circumstances; providing for an award of attorney fees
558 following a voluntary dismissal under certain
559 circumstances; requiring the court to stay proceedings
560 under certain circumstances; creating s. 627.70153,
561 F.S.; requiring parties that are aware of certain
562 residential property insurance claims to notify the
563 court of multiple proceedings; authorizing the court
564 to consolidate certain residential property insurance
565 claims upon notification of any party; amending s.
566 627.7152, F.S.; deleting definitions; requiring
567 assignment agreements to be provided to named
568 insureds; providing that assignment agreements do not
569 modify the right of insurers to communicate directly
570 with named insureds; deleting a requirement for a
571 notice of intent to initiate litigation; deleting
572 requirements for such notice; deleting a requirement
573 for a written response to the notice of intent to
574 initiate litigation; deleting requirements for such
575 response; deleting a provision related to an award of
576 reasonable attorney fees and costs for certain claims
577 arising under an assignment agreement; deleting a
578 provision related to an award of reasonable attorney
579 fees and costs following a voluntary dismissal under
580 certain circumstances; deleting a requirement for the
581 court to stay proceedings under certain circumstances;
582 requesting the Florida Supreme Court to amend rules to
583 require defense and plaintiff lawyers or firms to
584 provide closing statements to the department under
585 certain circumstances; providing an effective date.