Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS for CS for SB 708
Ì766328@Î766328
LEGISLATIVE ACTION
Senate . House
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Floor: 5/AD/2R .
04/23/2014 10:22 AM .
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Senator Bean moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 356 - 549
4 and insert:
5 Section 9. Effective October 1, 2014, section 627.7142,
6 Florida Statutes, is created to read:
7 627.7142 Homeowner Claims Bill of Rights.—An insurer
8 issuing a personal lines residential property insurance policy
9 in this state must provide a Homeowner Claims Bill of Rights to
10 a policyholder within 14 days after receiving an initial
11 communication with respect to a claim, unless the claim follows
12 an event that is the subject of a declaration of a state of
13 emergency by the Governor. The purpose of the bill of rights is
14 to summarize, in simple, nontechnical terms, existing Florida
15 law regarding the rights of a personal lines residential
16 property insurance policyholder who files a claim of loss. The
17 Homeowner Claims Bill of Rights is specific to the claims
18 process and does not represent all of a policyholder’s rights
19 under Florida law regarding the insurance policy. The Homeowner
20 Claims Bill of Rights does not create a civil cause of action by
21 any individual policyholder or class of policyholders against an
22 insurer or insurers. The failure of an insurer to properly
23 deliver the Homeowner Claims Bill of Rights is subject to
24 administrative enforcement by the office, but is not admissible
25 as evidence in a civil action against an insurer. The Homeowner
26 Claims Bill of Rights does not enlarge, modify, or contravene
27 statutory requirements, including, but not limited to, ss.
28 626.854, 626.9541, 627.70131, 627.7015, and 627.7074, and does
29 not prohibit an insurer from exercising its right to repair
30 damaged property in compliance with the terms of an applicable
31 policy or ss. 627.7011(5)(e) and 627.702(7). The Homeowner
32 Claims Bill of Rights must state:
33
34 HOMEOWNER CLAIMS
35 BILL OF RIGHTS
36 This Bill of Rights is specific to the claims process
37 and does not represent all of your rights under
38 Florida law regarding your policy. There are also
39 exceptions to the stated timelines when conditions are
40 beyond your insurance company’s control. This document
41 does not create a civil cause of action by an
42 individual policyholder, or a class of policyholders,
43 against an insurer or insurers and does not prohibit
44 an insurer from exercising its right to repair damaged
45 property in compliance with the terms of an applicable
46 policy.
47
48 YOU HAVE THE RIGHT TO:
49 1. Receive from your insurance company an
50 acknowledgment of your reported claim within 14 days
51 after the time you communicated the claim.
52 2. Upon written request, receive from your
53 insurance company within 30 days after you have
54 submitted a complete proof-of-loss statement to your
55 insurance company, confirmation that your claim is
56 covered in full, partially covered, or denied, or
57 receive a written statement that your claim is being
58 investigated.
59 3. Within 90 days, subject to any dual interest
60 noted in the policy, receive full settlement payment
61 for your claim or payment of the undisputed portion of
62 your claim, or your insurance company’s denial of your
63 claim.
64 4. Free mediation of your disputed claim by the
65 Florida Department of Financial Services Division of
66 Consumer Services, under most circumstances and
67 subject to certain restrictions.
68 5. Neutral evaluation of your disputed claim, if
69 your claim is for damage caused by a sinkhole and is
70 covered by your policy.
71 6. Contact the Florida Department of Financial
72 Services Division of Consumer Services’ toll-free
73 helpline for assistance with any insurance claim or
74 questions pertaining to the handling of your claim.
75 You can reach the Helpline by phone at...toll free
76 phone number..., or you can seek assistance online at
77 the Florida Department of Financial Services Division
78 of Consumer Services’ website at...website address....
79
80 YOU ARE ADVISED TO:
81 1. Contact your insurance company before entering
82 into any contract for repairs to confirm any managed
83 repair policy provisions or optional preferred
84 vendors.
85 2. Make and document emergency repairs that are
86 necessary to prevent further damage. Keep the damaged
87 property, if feasible, keep all receipts, and take
88 photographs of damage before and after any repairs.
89 3. Carefully read any contract that requires you
90 to pay out-of-pocket expenses or a fee that is based
91 on a percentage of the insurance proceeds that you
92 will receive for repairing or replacing your property.
93 4. Confirm that the contractor you choose is
94 licensed to do business in Florida. You can verify a
95 contractor’s license and check to see if there are any
96 complaints against him or her by calling the Florida
97 Department of Business and Professional Regulation.
98 You should also ask the contractor for references from
99 previous work.
100 5. Require all contractors to provide proof of
101 insurance before beginning repairs.
102 6. Take precautions if the damage requires you to
103 leave your home, including securing your property and
104 turning off your gas, water, and electricity, and
105 contacting your insurance company and provide a phone
106 number where you can be reached.
107
108 Section 10. Except as otherwise expressly provided in this
109 act, this act shall take effect July 1, 2014.
110
111 ================= T I T L E A M E N D M E N T ================
112 And the title is amended as follows:
113 Delete lines 23 - 34
114 and insert:
115 establishing a Homeowner Claims Bill of Rights for
116 residential property insurance policyholders;
117 providing that such bill of rights does not provide a
118 cause of action; providing effective dates.