Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 76
       
       
       
       
       
       
                                Ì240104bÎ240104                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .           Floor: CA            
             04/30/2021 12:41 PM       .      04/30/2021 02:26 PM       
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       Senator Boyd moved the following:
       
    1         Senate Amendment to House Amendment (334081) (with title
    2  amendment)
    3  
    4         Delete lines 71 - 1170
    5  and insert:
    6         Section 2. Subsection (11) of section 624.424, Florida
    7  Statutes, is renumbered as subsection (12), and a new subsection
    8  (11) and subsection (13) are added to that section, to read:
    9         624.424 Annual statement and other information.—
   10         (11)Beginning January 1, 2022, each authorized insurer or
   11  insurer group issuing personal lines or commercial lines
   12  residential property insurance policies in this state shall file
   13  with the office on an annual basis in conjunction with the
   14  statements required by paragraph (1)(a) a supplemental report on
   15  an individual and group basis for closed claims. The report must
   16  be on a form prescribed by the commission and must include the
   17  following information for each claim closed, excluding liability
   18  only claims, within the reporting period in this state:
   19         (a)The unique claim identification number.
   20         (b)The type of policy.
   21         (c)The zip code of the property where the claim occurred.
   22         (d)The county where the claim occurred.
   23         (e)The date of loss.
   24         (f)The peril or type of loss, including information about:
   25         1.The types of vendors used for mitigation, repair, or
   26  replacement; and
   27         2.The names of vendors used, if known.
   28         (g)The date the claim was reported to insurer.
   29         (h)The initial date the claim was closed, including
   30  information about whether the claim was closed with or without
   31  payment.
   32         (i)The date the claim was most recently reopened, if
   33  applicable.
   34         (j)The date a supplemental claim was filed, if applicable.
   35         (k)The date the claim was most recently closed, if
   36  different from the initial date the claim was closed.
   37         (l)The name of the public adjuster on the claim, if any.
   38         (m)The Florida Bar number and name of the attorney for the
   39  claimant, if any.
   40         (n)The total indemnity paid by the insurer.
   41         (o)The total loss adjustment expenses paid by the insurer.
   42         (p)The amount paid for claimant’s attorney fees, if any.
   43         (q)The amount paid in costs for claimant’s attorney’s
   44  expenses, including, but not limited to, expert witness fees.
   45         (r)The contingency risk multiplier, if any, that the
   46  claimant’s attorney requested to be applied in calculating the
   47  attorney fees awarded to the claimant’s attorney.
   48         (s)The contingency risk multiplier, if any, that a court
   49  applied in calculating the attorney fees awarded to the
   50  claimant’s attorney.
   51         (t)Any other information deemed necessary by the
   52  commission to provide the office with the ability to track
   53  litigation and claims trends occurring in the property market.
   54         (13)Each insurer doing business in this state which pays a
   55  fee, commission, or other financial consideration or payment to
   56  any affiliate directly or indirectly is required upon request to
   57  provide to the office any information the office deems
   58  necessary. The fee, commission, or other financial consideration
   59  or payment to any affiliate must be fair and reasonable. In
   60  determining whether the fee, commission, or other financial
   61  consideration or payment is fair and reasonable, the office
   62  shall consider, among other things, the actual cost of the
   63  service being provided.
   64         Section 3. Subsection (6) of section 626.7451, Florida
   65  Statutes, is amended to read:
   66         626.7451 Managing general agents; required contract
   67  provisions.—No person acting in the capacity of a managing
   68  general agent shall place business with an insurer unless there
   69  is in force a written contract between the parties which sets
   70  forth the responsibility for a particular function, specifies
   71  the division of responsibilities, and contains the following
   72  minimum provisions:
   73         (6) The contract shall specify appropriate underwriting
   74  guidelines, including:
   75         (a) The maximum annual premium volume.
   76         (b) The basis of the rates to be charged.
   77         (c) The types of risks which may be written.
   78         (d) Maximum limits of liability.
   79         (e) Applicable exclusions.
   80         (f) Territorial limitations.
   81         (g) Policy cancellation provisions.
   82         (h) The maximum policy period.
   83  
   84  This subsection shall not apply when the managing general agent
   85  is a controlled or controlling person.
   86  
   87  For the purposes of this section and ss. 626.7453 and 626.7454,
   88  the term “controlling person” or “controlling” has the meaning
   89  set forth in s. 625.012(5)(b)1., and the term “controlled
   90  person” or “controlled” has the meaning set forth in s.
   91  625.012(5)(b)2.
   92         Section 4. Section 626.7452, Florida Statutes, is amended
   93  to read:
   94         626.7452 Managing general agents; examination authority.
   95  The acts of the managing general agent are considered to be the
   96  acts of the insurer on whose behalf it is acting. A managing
   97  general agent may be examined as if it were the insurer except
   98  in the case where the managing general agent solely represents a
   99  single domestic insurer.
  100         Section 5. Subsection (15) of section 626.854, Florida
  101  Statutes, is amended, and subsection (20) is added to that
  102  section, to read:
  103         626.854 “Public adjuster” defined; prohibitions.—The
  104  legislature finds that it is necessary for the protection of the
  105  public to regulate public insurance adjusters and to prevent the
  106  unauthorized practice of law.
  107         (15) A licensed contractor under part I of chapter 489, or
  108  a subcontractor of such licensee, may not advertise, solicit,
  109  offer to handle, handle, or perform public adjuster services as
  110  provided in subsection (1) adjust a claim on behalf of an
  111  insured unless licensed and compliant as a public adjuster under
  112  this chapter. The prohibition against solicitation does not
  113  preclude a contractor from suggesting or otherwise recommending
  114  to a consumer that the consumer consider contacting his or her
  115  insurer to determine if the proposed repair is covered under the
  116  consumer’s insurance policy, except as it relates to
  117  solicitation prohibited in s. 489.147. In addition However, the
  118  contractor may discuss or explain a bid for construction or
  119  repair of covered property with the residential property owner
  120  who has suffered loss or damage covered by a property insurance
  121  policy, or the insurer of such property, if the contractor is
  122  doing so for the usual and customary fees applicable to the work
  123  to be performed as stated in the contract between the contractor
  124  and the insured.
  125         (20)(a)Any following act by a public adjuster, a public
  126  adjuster apprentice, or a person acting on behalf of a public
  127  adjuster or public adjuster apprentice is prohibited and shall
  128  result in discipline as applicable under part VI of this
  129  chapter:
  130         1.Offering to a residential property owner a rebate, gift,
  131  gift card, cash, coupon, waiver of any insurance deductible, or
  132  any other thing of value in exchange for:
  133         a.Allowing a contractor, a public adjuster, a public
  134  adjuster apprentice, or a person acting on behalf of a public
  135  adjuster or public adjuster apprentice to conduct an inspection
  136  of the residential property owner’s roof; or
  137         b.Making an insurance claim for damage to the residential
  138  property owner’s roof.
  139         2.Offering, delivering, receiving, or accepting any
  140  compensation, inducement, or reward for the referral of any
  141  services for which property insurance proceeds would be used for
  142  roofing repairs or replacement.
  143         (b)Notwithstanding the fine set forth in s. 626.8698, a
  144  public adjuster or public adjuster apprentice may be subject to
  145  a fine not to exceed $10,000 per act for a violation of this
  146  subsection.
  147         (c)A person who engages in an act prohibited by this
  148  subsection and who is not a public adjuster or a public adjuster
  149  apprentice, or is not otherwise exempt from licensure, is guilty
  150  of the unlicensed practice of public adjusting and may be:
  151         1.Subject to all applicable penalties set forth in part VI
  152  of this chapter.
  153         2.Notwithstanding subparagraph 1., subject to a fine not
  154  to exceed $10,000 per act for a violation of this subsection.
  155         Section 6. Subsection (1) of section 626.9373, Florida
  156  Statutes, is amended to read:
  157         626.9373 Attorney’s fees.—
  158         (1) Upon the rendition of a judgment or decree by any court
  159  of this state against a surplus lines insurer in favor of any
  160  named or omnibus insured or the named beneficiary under a policy
  161  or contract executed by the insurer on or after the effective
  162  date of this act, the trial court or, if the insured or
  163  beneficiary prevails on appeal, the appellate court, shall
  164  adjudge or decree against the insurer in favor of the insured or
  165  beneficiary a reasonable sum as fees or compensation for the
  166  insured’s or beneficiary’s attorney prosecuting the lawsuit for
  167  which recovery is awarded. In a suit arising under a residential
  168  or commercial property insurance policy not brought by an
  169  assignee, the amount of reasonable attorney fees shall be
  170  awarded to an insured only as provided in s. 57.105 or s.
  171  627.70152, as applicable.
  172         Section 7. Paragraphs (c) and (n) of subsection (6) of
  173  section 627.351, Florida Statutes, are amended, and paragraph
  174  (jj) is added to subsection (6) of that section, to read:
  175         627.351 Insurance risk apportionment plans.—
  176         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  177         (c) The corporation’s plan of operation:
  178         1. Must provide for adoption of residential property and
  179  casualty insurance policy forms and commercial residential and
  180  nonresidential property insurance forms, which must be approved
  181  by the office before use. The corporation shall adopt the
  182  following policy forms:
  183         a. Standard personal lines policy forms that are
  184  comprehensive multiperil policies providing full coverage of a
  185  residential property equivalent to the coverage provided in the
  186  private insurance market under an HO-3, HO-4, or HO-6 policy.
  187         b. Basic personal lines policy forms that are policies
  188  similar to an HO-8 policy or a dwelling fire policy that provide
  189  coverage meeting the requirements of the secondary mortgage
  190  market, but which is more limited than the coverage under a
  191  standard policy.
  192         c. Commercial lines residential and nonresidential policy
  193  forms that are generally similar to the basic perils of full
  194  coverage obtainable for commercial residential structures and
  195  commercial nonresidential structures in the admitted voluntary
  196  market.
  197         d. Personal lines and commercial lines residential property
  198  insurance forms that cover the peril of wind only. The forms are
  199  applicable only to residential properties located in areas
  200  eligible for coverage under the coastal account referred to in
  201  sub-subparagraph (b)2.a.
  202         e. Commercial lines nonresidential property insurance forms
  203  that cover the peril of wind only. The forms are applicable only
  204  to nonresidential properties located in areas eligible for
  205  coverage under the coastal account referred to in sub
  206  subparagraph (b)2.a.
  207         f. The corporation may adopt variations of the policy forms
  208  listed in sub-subparagraphs a.-e. which contain more restrictive
  209  coverage.
  210         g. Effective January 1, 2013, the corporation shall offer a
  211  basic personal lines policy similar to an HO-8 policy with
  212  dwelling repair based on common construction materials and
  213  methods.
  214         2. Must provide that the corporation adopt a program in
  215  which the corporation and authorized insurers enter into quota
  216  share primary insurance agreements for hurricane coverage, as
  217  defined in s. 627.4025(2)(a), for eligible risks, and adopt
  218  property insurance forms for eligible risks which cover the
  219  peril of wind only.
  220         a. As used in this subsection, the term:
  221         (I) “Quota share primary insurance” means an arrangement in
  222  which the primary hurricane coverage of an eligible risk is
  223  provided in specified percentages by the corporation and an
  224  authorized insurer. The corporation and authorized insurer are
  225  each solely responsible for a specified percentage of hurricane
  226  coverage of an eligible risk as set forth in a quota share
  227  primary insurance agreement between the corporation and an
  228  authorized insurer and the insurance contract. The
  229  responsibility of the corporation or authorized insurer to pay
  230  its specified percentage of hurricane losses of an eligible
  231  risk, as set forth in the agreement, may not be altered by the
  232  inability of the other party to pay its specified percentage of
  233  losses. Eligible risks that are provided hurricane coverage
  234  through a quota share primary insurance arrangement must be
  235  provided policy forms that set forth the obligations of the
  236  corporation and authorized insurer under the arrangement,
  237  clearly specify the percentages of quota share primary insurance
  238  provided by the corporation and authorized insurer, and
  239  conspicuously and clearly state that the authorized insurer and
  240  the corporation may not be held responsible beyond their
  241  specified percentage of coverage of hurricane losses.
  242         (II) “Eligible risks” means personal lines residential and
  243  commercial lines residential risks that meet the underwriting
  244  criteria of the corporation and are located in areas that were
  245  eligible for coverage by the Florida Windstorm Underwriting
  246  Association on January 1, 2002.
  247         b. The corporation may enter into quota share primary
  248  insurance agreements with authorized insurers at corporation
  249  coverage levels of 90 percent and 50 percent.
  250         c. If the corporation determines that additional coverage
  251  levels are necessary to maximize participation in quota share
  252  primary insurance agreements by authorized insurers, the
  253  corporation may establish additional coverage levels. However,
  254  the corporation’s quota share primary insurance coverage level
  255  may not exceed 90 percent.
  256         d. Any quota share primary insurance agreement entered into
  257  between an authorized insurer and the corporation must provide
  258  for a uniform specified percentage of coverage of hurricane
  259  losses, by county or territory as set forth by the corporation
  260  board, for all eligible risks of the authorized insurer covered
  261  under the agreement.
  262         e. Any quota share primary insurance agreement entered into
  263  between an authorized insurer and the corporation is subject to
  264  review and approval by the office. However, such agreement shall
  265  be authorized only as to insurance contracts entered into
  266  between an authorized insurer and an insured who is already
  267  insured by the corporation for wind coverage.
  268         f. For all eligible risks covered under quota share primary
  269  insurance agreements, the exposure and coverage levels for both
  270  the corporation and authorized insurers shall be reported by the
  271  corporation to the Florida Hurricane Catastrophe Fund. For all
  272  policies of eligible risks covered under such agreements, the
  273  corporation and the authorized insurer must maintain complete
  274  and accurate records for the purpose of exposure and loss
  275  reimbursement audits as required by fund rules. The corporation
  276  and the authorized insurer shall each maintain duplicate copies
  277  of policy declaration pages and supporting claims documents.
  278         g. The corporation board shall establish in its plan of
  279  operation standards for quota share agreements which ensure that
  280  there is no discriminatory application among insurers as to the
  281  terms of the agreements, pricing of the agreements, incentive
  282  provisions if any, and consideration paid for servicing policies
  283  or adjusting claims.
  284         h. The quota share primary insurance agreement between the
  285  corporation and an authorized insurer must set forth the
  286  specific terms under which coverage is provided, including, but
  287  not limited to, the sale and servicing of policies issued under
  288  the agreement by the insurance agent of the authorized insurer
  289  producing the business, the reporting of information concerning
  290  eligible risks, the payment of premium to the corporation, and
  291  arrangements for the adjustment and payment of hurricane claims
  292  incurred on eligible risks by the claims adjuster and personnel
  293  of the authorized insurer. Entering into a quota sharing
  294  insurance agreement between the corporation and an authorized
  295  insurer is voluntary and at the discretion of the authorized
  296  insurer.
  297         3. May provide that the corporation may employ or otherwise
  298  contract with individuals or other entities to provide
  299  administrative or professional services that may be appropriate
  300  to effectuate the plan. The corporation may borrow funds by
  301  issuing bonds or by incurring other indebtedness, and shall have
  302  other powers reasonably necessary to effectuate the requirements
  303  of this subsection, including, without limitation, the power to
  304  issue bonds and incur other indebtedness in order to refinance
  305  outstanding bonds or other indebtedness. The corporation may
  306  seek judicial validation of its bonds or other indebtedness
  307  under chapter 75. The corporation may issue bonds or incur other
  308  indebtedness, or have bonds issued on its behalf by a unit of
  309  local government pursuant to subparagraph (q)2. in the absence
  310  of a hurricane or other weather-related event, upon a
  311  determination by the corporation, subject to approval by the
  312  office, that such action would enable it to efficiently meet the
  313  financial obligations of the corporation and that such
  314  financings are reasonably necessary to effectuate the
  315  requirements of this subsection. The corporation may take all
  316  actions needed to facilitate tax-free status for such bonds or
  317  indebtedness, including formation of trusts or other affiliated
  318  entities. The corporation may pledge assessments, projected
  319  recoveries from the Florida Hurricane Catastrophe Fund, other
  320  reinsurance recoverables, policyholder surcharges and other
  321  surcharges, and other funds available to the corporation as
  322  security for bonds or other indebtedness. In recognition of s.
  323  10, Art. I of the State Constitution, prohibiting the impairment
  324  of obligations of contracts, it is the intent of the Legislature
  325  that no action be taken whose purpose is to impair any bond
  326  indenture or financing agreement or any revenue source committed
  327  by contract to such bond or other indebtedness.
  328         4. Must require that the corporation operate subject to the
  329  supervision and approval of a board of governors consisting of
  330  nine individuals who are residents of this state and who are
  331  from different geographical areas of the state, one of whom is
  332  appointed by the Governor and serves solely to advocate on
  333  behalf of the consumer. The appointment of a consumer
  334  representative by the Governor is deemed to be within the scope
  335  of the exemption provided in s. 112.313(7)(b) and is in addition
  336  to the appointments authorized under sub-subparagraph a.
  337         a. The Governor, the Chief Financial Officer, the President
  338  of the Senate, and the Speaker of the House of Representatives
  339  shall each appoint two members of the board. At least one of the
  340  two members appointed by each appointing officer must have
  341  demonstrated expertise in insurance and be deemed to be within
  342  the scope of the exemption provided in s. 112.313(7)(b). The
  343  Chief Financial Officer shall designate one of the appointees as
  344  chair. All board members serve at the pleasure of the appointing
  345  officer. All members of the board are subject to removal at will
  346  by the officers who appointed them. All board members, including
  347  the chair, must be appointed to serve for 3-year terms beginning
  348  annually on a date designated by the plan. However, for the
  349  first term beginning on or after July 1, 2009, each appointing
  350  officer shall appoint one member of the board for a 2-year term
  351  and one member for a 3-year term. A board vacancy shall be
  352  filled for the unexpired term by the appointing officer. The
  353  Chief Financial Officer shall appoint a technical advisory group
  354  to provide information and advice to the board in connection
  355  with the board’s duties under this subsection. The executive
  356  director and senior managers of the corporation shall be engaged
  357  by the board and serve at the pleasure of the board. Any
  358  executive director appointed on or after July 1, 2006, is
  359  subject to confirmation by the Senate. The executive director is
  360  responsible for employing other staff as the corporation may
  361  require, subject to review and concurrence by the board.
  362         b. The board shall create a Market Accountability Advisory
  363  Committee to assist the corporation in developing awareness of
  364  its rates and its customer and agent service levels in
  365  relationship to the voluntary market insurers writing similar
  366  coverage.
  367         (I) The members of the advisory committee consist of the
  368  following 11 persons, one of whom must be elected chair by the
  369  members of the committee: four representatives, one appointed by
  370  the Florida Association of Insurance Agents, one by the Florida
  371  Association of Insurance and Financial Advisors, one by the
  372  Professional Insurance Agents of Florida, and one by the Latin
  373  American Association of Insurance Agencies; three
  374  representatives appointed by the insurers with the three highest
  375  voluntary market share of residential property insurance
  376  business in the state; one representative from the Office of
  377  Insurance Regulation; one consumer appointed by the board who is
  378  insured by the corporation at the time of appointment to the
  379  committee; one representative appointed by the Florida
  380  Association of Realtors; and one representative appointed by the
  381  Florida Bankers Association. All members shall be appointed to
  382  3-year terms and may serve for consecutive terms.
  383         (II) The committee shall report to the corporation at each
  384  board meeting on insurance market issues which may include rates
  385  and rate competition with the voluntary market; service,
  386  including policy issuance, claims processing, and general
  387  responsiveness to policyholders, applicants, and agents; and
  388  matters relating to depopulation.
  389         5. Must provide a procedure for determining the eligibility
  390  of a risk for coverage, as follows:
  391         a. Subject to s. 627.3517, with respect to personal lines
  392  residential risks, if the risk is offered coverage from an
  393  authorized insurer at the insurer’s approved rate under a
  394  standard policy including wind coverage or, if consistent with
  395  the insurer’s underwriting rules as filed with the office, a
  396  basic policy including wind coverage, for a new application to
  397  the corporation for coverage, the risk is not eligible for any
  398  policy issued by the corporation unless the premium for coverage
  399  from the authorized insurer is more than 20 15 percent greater
  400  than the premium for comparable coverage from the corporation.
  401  Whenever an offer of coverage for a personal lines residential
  402  risk is received for a policyholder of the corporation at
  403  renewal from an authorized insurer, if the offer is equal to or
  404  less than the corporation’s renewal premium for comparable
  405  coverage, the risk is not eligible for coverage with the
  406  corporation. If the risk is not able to obtain such offer, the
  407  risk is eligible for a standard policy including wind coverage
  408  or a basic policy including wind coverage issued by the
  409  corporation; however, if the risk could not be insured under a
  410  standard policy including wind coverage regardless of market
  411  conditions, the risk is eligible for a basic policy including
  412  wind coverage unless rejected under subparagraph 8. However, a
  413  policyholder removed from the corporation through an assumption
  414  agreement remains eligible for coverage from the corporation
  415  until the end of the assumption period. The corporation shall
  416  determine the type of policy to be provided on the basis of
  417  objective standards specified in the underwriting manual and
  418  based on generally accepted underwriting practices.
  419         (I) If the risk accepts an offer of coverage through the
  420  market assistance plan or through a mechanism established by the
  421  corporation other than a plan established by s. 627.3518, before
  422  a policy is issued to the risk by the corporation or during the
  423  first 30 days of coverage by the corporation, and the producing
  424  agent who submitted the application to the plan or to the
  425  corporation is not currently appointed by the insurer, the
  426  insurer shall:
  427         (A) Pay to the producing agent of record of the policy for
  428  the first year, an amount that is the greater of the insurer’s
  429  usual and customary commission for the type of policy written or
  430  a fee equal to the usual and customary commission of the
  431  corporation; or
  432         (B) Offer to allow the producing agent of record of the
  433  policy to continue servicing the policy for at least 1 year and
  434  offer to pay the agent the greater of the insurer’s or the
  435  corporation’s usual and customary commission for the type of
  436  policy written.
  437  
  438  If the producing agent is unwilling or unable to accept
  439  appointment, the new insurer shall pay the agent in accordance
  440  with sub-sub-sub-subparagraph (A).
  441         (II) If the corporation enters into a contractual agreement
  442  for a take-out plan, the producing agent of record of the
  443  corporation policy is entitled to retain any unearned commission
  444  on the policy, and the insurer shall:
  445         (A) Pay to the producing agent of record, for the first
  446  year, an amount that is the greater of the insurer’s usual and
  447  customary commission for the type of policy written or a fee
  448  equal to the usual and customary commission of the corporation;
  449  or
  450         (B) Offer to allow the producing agent of record to
  451  continue servicing the policy for at least 1 year and offer to
  452  pay the agent the greater of the insurer’s or the corporation’s
  453  usual and customary commission for the type of policy written.
  454  
  455  If the producing agent is unwilling or unable to accept
  456  appointment, the new insurer shall pay the agent in accordance
  457  with sub-sub-sub-subparagraph (A).
  458         b. With respect to commercial lines residential risks, for
  459  a new application to the corporation for coverage, if the risk
  460  is offered coverage under a policy including wind coverage from
  461  an authorized insurer at its approved rate, the risk is not
  462  eligible for a policy issued by the corporation unless the
  463  premium for coverage from the authorized insurer is more than 15
  464  percent greater than the premium for comparable coverage from
  465  the corporation. Whenever an offer of coverage for a commercial
  466  lines residential risk is received for a policyholder of the
  467  corporation at renewal from an authorized insurer, if the offer
  468  is equal to or less than the corporation’s renewal premium for
  469  comparable coverage, the risk is not eligible for coverage with
  470  the corporation. If the risk is not able to obtain any such
  471  offer, the risk is eligible for a policy including wind coverage
  472  issued by the corporation. However, a policyholder removed from
  473  the corporation through an assumption agreement remains eligible
  474  for coverage from the corporation until the end of the
  475  assumption period.
  476         (I) If the risk accepts an offer of coverage through the
  477  market assistance plan or through a mechanism established by the
  478  corporation other than a plan established by s. 627.3518, before
  479  a policy is issued to the risk by the corporation or during the
  480  first 30 days of coverage by the corporation, and the producing
  481  agent who submitted the application to the plan or the
  482  corporation is not currently appointed by the insurer, the
  483  insurer shall:
  484         (A) Pay to the producing agent of record of the policy, for
  485  the first year, an amount that is the greater of the insurer’s
  486  usual and customary commission for the type of policy written or
  487  a fee equal to the usual and customary commission of the
  488  corporation; or
  489         (B) Offer to allow the producing agent of record of the
  490  policy to continue servicing the policy for at least 1 year and
  491  offer to pay the agent the greater of the insurer’s or the
  492  corporation’s usual and customary commission for the type of
  493  policy written.
  494  
  495  If the producing agent is unwilling or unable to accept
  496  appointment, the new insurer shall pay the agent in accordance
  497  with sub-sub-sub-subparagraph (A).
  498         (II) If the corporation enters into a contractual agreement
  499  for a take-out plan, the producing agent of record of the
  500  corporation policy is entitled to retain any unearned commission
  501  on the policy, and the insurer shall:
  502         (A) Pay to the producing agent of record, for the first
  503  year, an amount that is the greater of the insurer’s usual and
  504  customary commission for the type of policy written or a fee
  505  equal to the usual and customary commission of the corporation;
  506  or
  507         (B) Offer to allow the producing agent of record to
  508  continue servicing the policy for at least 1 year and offer to
  509  pay the agent the greater of the insurer’s or the corporation’s
  510  usual and customary commission for the type of policy written.
  511  
  512  If the producing agent is unwilling or unable to accept
  513  appointment, the new insurer shall pay the agent in accordance
  514  with sub-sub-sub-subparagraph (A).
  515         c. For purposes of determining comparable coverage under
  516  sub-subparagraphs a. and b., the comparison must be based on
  517  those forms and coverages that are reasonably comparable. The
  518  corporation may rely on a determination of comparable coverage
  519  and premium made by the producing agent who submits the
  520  application to the corporation, made in the agent’s capacity as
  521  the corporation’s agent. A comparison may be made solely of the
  522  premium with respect to the main building or structure only on
  523  the following basis: the same coverage A or other building
  524  limits; the same percentage hurricane deductible that applies on
  525  an annual basis or that applies to each hurricane for commercial
  526  residential property; the same percentage of ordinance and law
  527  coverage, if the same limit is offered by both the corporation
  528  and the authorized insurer; the same mitigation credits, to the
  529  extent the same types of credits are offered both by the
  530  corporation and the authorized insurer; the same method for loss
  531  payment, such as replacement cost or actual cash value, if the
  532  same method is offered both by the corporation and the
  533  authorized insurer in accordance with underwriting rules; and
  534  any other form or coverage that is reasonably comparable as
  535  determined by the board. If an application is submitted to the
  536  corporation for wind-only coverage in the coastal account, the
  537  premium for the corporation’s wind-only policy plus the premium
  538  for the ex-wind policy that is offered by an authorized insurer
  539  to the applicant must be compared to the premium for multiperil
  540  coverage offered by an authorized insurer, subject to the
  541  standards for comparison specified in this subparagraph. If the
  542  corporation or the applicant requests from the authorized
  543  insurer a breakdown of the premium of the offer by types of
  544  coverage so that a comparison may be made by the corporation or
  545  its agent and the authorized insurer refuses or is unable to
  546  provide such information, the corporation may treat the offer as
  547  not being an offer of coverage from an authorized insurer at the
  548  insurer’s approved rate.
  549         6. Must include rules for classifications of risks and
  550  rates.
  551         7. Must provide that if premium and investment income for
  552  an account attributable to a particular calendar year are in
  553  excess of projected losses and expenses for the account
  554  attributable to that year, such excess shall be held in surplus
  555  in the account. Such surplus must be available to defray
  556  deficits in that account as to future years and used for that
  557  purpose before assessing assessable insurers and assessable
  558  insureds as to any calendar year.
  559         8. Must provide objective criteria and procedures to be
  560  uniformly applied to all applicants in determining whether an
  561  individual risk is so hazardous as to be uninsurable. In making
  562  this determination and in establishing the criteria and
  563  procedures, the following must be considered:
  564         a. Whether the likelihood of a loss for the individual risk
  565  is substantially higher than for other risks of the same class;
  566  and
  567         b. Whether the uncertainty associated with the individual
  568  risk is such that an appropriate premium cannot be determined.
  569  
  570  The acceptance or rejection of a risk by the corporation shall
  571  be construed as the private placement of insurance, and the
  572  provisions of chapter 120 do not apply.
  573         9. Must provide that the corporation make its best efforts
  574  to procure catastrophe reinsurance at reasonable rates, to cover
  575  its projected 100-year probable maximum loss as determined by
  576  the board of governors. If catastrophe reinsurance is not
  577  available at reasonable rates, the corporation need not purchase
  578  it, but the corporation shall include the costs of reinsurance
  579  to cover its projected 100-year probable maximum loss in its
  580  rate calculations even if it does not purchase catastrophe
  581  reinsurance.
  582         10. The policies issued by the corporation must provide
  583  that if the corporation or the market assistance plan obtains an
  584  offer from an authorized insurer to cover the risk at its
  585  approved rates, the risk is no longer eligible for renewal
  586  through the corporation, except as otherwise provided in this
  587  subsection.
  588         11. Corporation policies and applications must include a
  589  notice that the corporation policy could, under this section, be
  590  replaced with a policy issued by an authorized insurer which
  591  does not provide coverage identical to the coverage provided by
  592  the corporation. The notice must also specify that acceptance of
  593  corporation coverage creates a conclusive presumption that the
  594  applicant or policyholder is aware of this potential.
  595         12. May establish, subject to approval by the office,
  596  different eligibility requirements and operational procedures
  597  for any line or type of coverage for any specified county or
  598  area if the board determines that such changes are justified due
  599  to the voluntary market being sufficiently stable and
  600  competitive in such area or for such line or type of coverage
  601  and that consumers who, in good faith, are unable to obtain
  602  insurance through the voluntary market through ordinary methods
  603  continue to have access to coverage from the corporation. If
  604  coverage is sought in connection with a real property transfer,
  605  the requirements and procedures may not provide an effective
  606  date of coverage later than the date of the closing of the
  607  transfer as established by the transferor, the transferee, and,
  608  if applicable, the lender.
  609         13. Must provide that, with respect to the coastal account,
  610  any assessable insurer with a surplus as to policyholders of $25
  611  million or less writing 25 percent or more of its total
  612  countrywide property insurance premiums in this state may
  613  petition the office, within the first 90 days of each calendar
  614  year, to qualify as a limited apportionment company. A regular
  615  assessment levied by the corporation on a limited apportionment
  616  company for a deficit incurred by the corporation for the
  617  coastal account may be paid to the corporation on a monthly
  618  basis as the assessments are collected by the limited
  619  apportionment company from its insureds, but a limited
  620  apportionment company must begin collecting the regular
  621  assessments not later than 90 days after the regular assessments
  622  are levied by the corporation, and the regular assessments must
  623  be paid in full within 15 months after being levied by the
  624  corporation. A limited apportionment company shall collect from
  625  its policyholders any emergency assessment imposed under sub
  626  subparagraph (b)3.d. The plan must provide that, if the office
  627  determines that any regular assessment will result in an
  628  impairment of the surplus of a limited apportionment company,
  629  the office may direct that all or part of such assessment be
  630  deferred as provided in subparagraph (q)4. However, an emergency
  631  assessment to be collected from policyholders under sub
  632  subparagraph (b)3.d. may not be limited or deferred.
  633         14. Must provide that the corporation appoint as its
  634  licensed agents only those agents who throughout such
  635  appointments also hold an appointment as defined in s. 626.015
  636  by an insurer who is authorized to write and is actually writing
  637  or renewing personal lines residential property coverage,
  638  commercial residential property coverage, or commercial
  639  nonresidential property coverage within the state.
  640         15. Must provide a premium payment plan option to its
  641  policyholders which, at a minimum, allows for quarterly and
  642  semiannual payment of premiums. A monthly payment plan may, but
  643  is not required to, be offered.
  644         16. Must limit coverage on mobile homes or manufactured
  645  homes built before 1994 to actual cash value of the dwelling
  646  rather than replacement costs of the dwelling.
  647         17. Must provide coverage for manufactured or mobile home
  648  dwellings. Such coverage must also include the following
  649  attached structures:
  650         a. Screened enclosures that are aluminum framed or screened
  651  enclosures that are not covered by the same or substantially the
  652  same materials as those of the primary dwelling;
  653         b. Carports that are aluminum or carports that are not
  654  covered by the same or substantially the same materials as those
  655  of the primary dwelling; and
  656         c. Patios that have a roof covering that is constructed of
  657  materials that are not the same or substantially the same
  658  materials as those of the primary dwelling.
  659  
  660  The corporation shall make available a policy for mobile homes
  661  or manufactured homes for a minimum insured value of at least
  662  $3,000.
  663         18. May provide such limits of coverage as the board
  664  determines, consistent with the requirements of this subsection.
  665         19. May require commercial property to meet specified
  666  hurricane mitigation construction features as a condition of
  667  eligibility for coverage.
  668         20. Must provide that new or renewal policies issued by the
  669  corporation on or after January 1, 2012, which cover sinkhole
  670  loss do not include coverage for any loss to appurtenant
  671  structures, driveways, sidewalks, decks, or patios that are
  672  directly or indirectly caused by sinkhole activity. The
  673  corporation shall exclude such coverage using a notice of
  674  coverage change, which may be included with the policy renewal,
  675  and not by issuance of a notice of nonrenewal of the excluded
  676  coverage upon renewal of the current policy.
  677         21. As of January 1, 2012, must require that the agent
  678  obtain from an applicant for coverage from the corporation an
  679  acknowledgment signed by the applicant, which includes, at a
  680  minimum, the following statement:
  681  
  682                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
  683                      AND ASSESSMENT LIABILITY:                    
  684  
  685         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
  686  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
  687  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
  688  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
  689  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
  690  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
  691  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
  692  LEGISLATURE.
  693         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
  694  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
  695  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
  696  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
  697  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
  698  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
  699  ARE REGULATED AND APPROVED BY THE STATE.
  700         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
  701  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
  702  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
  703  FLORIDA LEGISLATURE.
  704         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
  705  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
  706  STATE OF FLORIDA.
  707  
  708         a. The corporation shall maintain, in electronic format or
  709  otherwise, a copy of the applicant’s signed acknowledgment and
  710  provide a copy of the statement to the policyholder as part of
  711  the first renewal after the effective date of this subparagraph.
  712         b. The signed acknowledgment form creates a conclusive
  713  presumption that the policyholder understood and accepted his or
  714  her potential surcharge and assessment liability as a
  715  policyholder of the corporation.
  716         (n)1. Rates for coverage provided by the corporation must
  717  be actuarially sound and subject to s. 627.062, except as
  718  otherwise provided in this paragraph. The corporation shall file
  719  its recommended rates with the office at least annually. The
  720  corporation shall provide any additional information regarding
  721  the rates which the office requires. The office shall consider
  722  the recommendations of the board and issue a final order
  723  establishing the rates for the corporation within 45 days after
  724  the recommended rates are filed. The corporation may not pursue
  725  an administrative challenge or judicial review of the final
  726  order of the office.
  727         2. In addition to the rates otherwise determined pursuant
  728  to this paragraph, the corporation shall impose and collect an
  729  amount equal to the premium tax provided in s. 624.509 to
  730  augment the financial resources of the corporation.
  731         3. After the public hurricane loss-projection model under
  732  s. 627.06281 has been found to be accurate and reliable by the
  733  Florida Commission on Hurricane Loss Projection Methodology, the
  734  model shall be considered when establishing the windstorm
  735  portion of the corporation’s rates. The corporation may use the
  736  public model results in combination with the results of private
  737  models to calculate rates for the windstorm portion of the
  738  corporation’s rates. This subparagraph does not require or allow
  739  the corporation to adopt rates lower than the rates otherwise
  740  required or allowed by this paragraph.
  741         4.The rate filings for the corporation which were approved
  742  by the office and took effect January 1, 2007, are rescinded,
  743  except for those rates that were lowered. As soon as possible,
  744  the corporation shall begin using the lower rates that were in
  745  effect on December 31, 2006, and provide refunds to
  746  policyholders who paid higher rates as a result of that rate
  747  filing. The rates in effect on December 31, 2006, remain in
  748  effect for the 2007 and 2008 calendar years except for any rate
  749  change that results in a lower rate. The next rate change that
  750  may increase rates shall take effect pursuant to a new rate
  751  filing recommended by the corporation and established by the
  752  office, subject to this paragraph.
  753         4.5.Beginning on July 15, 2009, and annually thereafter,
  754  The corporation must make a recommended actuarially sound rate
  755  filing for each personal and commercial line of business it
  756  writes, to be effective no earlier than January 1, 2010.
  757         5.6. Beginning on or after January 1, 2010, and
  758  Notwithstanding the board’s recommended rates and the office’s
  759  final order regarding the corporation’s filed rates under
  760  subparagraph 1., the corporation shall annually implement a rate
  761  increase which, except for sinkhole coverage, does not exceed
  762  the following 10 percent for any single policy issued by the
  763  corporation, excluding coverage changes and surcharges:
  764         a.Eleven percent for 2022.
  765         b.Twelve percent for 2023.
  766         c.Thirteen percent for 2024.
  767         d.Fourteen percent for 2025.
  768         e.Fifteen percent for 2026 and all subsequent years.
  769         6.7. The corporation may also implement an increase to
  770  reflect the effect on the corporation of the cash buildup factor
  771  pursuant to s. 215.555(5)(b).
  772         7.8. The corporation’s implementation of rates as
  773  prescribed in subparagraph 5. 6. shall cease for any line of
  774  business written by the corporation upon the corporation’s
  775  implementation of actuarially sound rates. Thereafter, the
  776  corporation shall annually make a recommended actuarially sound
  777  rate filing for each commercial and personal line of business
  778  the corporation writes.
  779         (jj)The corporation’s budget allocations for the
  780  compensation of all corporation employees and any proposed raise
  781  for an individual employee exceeding 10 percent of that
  782  employee’s current salary must be approved by the board of
  783  governors. The corporation must have an overall employee
  784  compensation plan approved by the board of governors.
  785         Section 8. Subsection (5) of section 627.3518, Florida
  786  Statutes, is amended to read:
  787         627.3518 Citizens Property Insurance Corporation
  788  policyholder eligibility clearinghouse program.—The purpose of
  789  this section is to provide a framework for the corporation to
  790  implement a clearinghouse program by January 1, 2014.
  791         (5) Notwithstanding s. 627.3517, any applicant for new
  792  coverage from the corporation is not eligible for coverage from
  793  the corporation if provided an offer of coverage from an
  794  authorized insurer through the program at a premium that is at
  795  or below the eligibility threshold established in s.
  796  627.351(6)(c)5.a. Whenever an offer of coverage for a personal
  797  lines risk is received for a policyholder of the corporation at
  798  renewal from an authorized insurer through the program, if the
  799  offer is equal to or less than the corporation’s renewal premium
  800  for comparable coverage, the risk is not eligible for coverage
  801  with the corporation. In the event an offer of coverage for a
  802  new applicant is received from an authorized insurer through the
  803  program, and the premium offered exceeds the eligibility
  804  threshold contained in s. 627.351(6)(c)5.a., the applicant or
  805  insured may elect to accept such coverage, or may elect to
  806  accept or continue coverage with the corporation. In the event
  807  an offer of coverage for a personal lines risk is received from
  808  an authorized insurer at renewal through the program, and the
  809  premium offered is more than the corporation’s renewal premium
  810  for comparable coverage, the insured may elect to accept such
  811  coverage, or may elect to accept or continue coverage with the
  812  corporation. Section 627.351(6)(c)5.a.(I) does not apply to an
  813  offer of coverage from an authorized insurer obtained through
  814  the program. An applicant for coverage from the corporation who
  815  was declared ineligible for coverage at renewal by the
  816  corporation in the previous 36 months due to an offer of
  817  coverage pursuant to this subsection shall be considered a
  818  renewal under this section if the corporation determines that
  819  the authorized insurer making the offer of coverage pursuant to
  820  this subsection continues to insure the applicant and increased
  821  the rate on the policy in excess of the increase allowed for the
  822  corporation under s. 627.351(6)(n)5. s. 627.351(6)(n)6.
  823         Section 9. Subsection (1) of section 627.428, Florida
  824  Statutes, is amended to read:
  825         627.428 Attorney fees.—
  826         (1) Upon the rendition of a judgment or decree by any of
  827  the courts of this state against an insurer and in favor of any
  828  named or omnibus insured or the named beneficiary under a policy
  829  or contract executed by the insurer, the trial court or, in the
  830  event of an appeal in which the insured or beneficiary prevails,
  831  the appellate court shall adjudge or decree against the insurer
  832  and in favor of the insured or beneficiary a reasonable sum as
  833  fees or compensation for the insured’s or beneficiary’s attorney
  834  prosecuting the suit in which the recovery is had. In a suit
  835  arising under a residential or commercial property insurance
  836  policy not brought by an assignee, the amount of reasonable
  837  attorney fees shall be awarded to an insured only as provided s.
  838  57.105 or s. 627.70152, as applicable.
  839         Section 10. Section 627.70132, Florida Statutes, is amended
  840  to read:
  841         627.70132 Notice of property insurance windstorm or
  842  hurricane claim.—
  843         (1) As used in this section, the term:
  844         (a) “Reopened claim” means a claim that an insurer has
  845  previously closed, but that has been reopened upon an insured’s
  846  request for additional costs for loss or damage previously
  847  disclosed to the insurer.
  848         (b) “Supplemental claim” means a claim for additional loss
  849  or damage from the same peril which the insurer has previously
  850  adjusted or for which costs have been incurred while completing
  851  repairs or replacement pursuant to an open claim for which
  852  timely notice was previously provided to the insurer.
  853         (2) A claim or reopened claim, but not a supplemental
  854  claim, or reopened claim under an insurance policy that provides
  855  property insurance, as defined in s. 624.604, including a
  856  property insurance policy issued by an eligible surplus lines
  857  insurer, for loss or damage caused by any the peril of windstorm
  858  or hurricane is barred unless notice of the claim, supplemental
  859  claim, or reopened claim was given to the insurer in accordance
  860  with the terms of the policy within 2 3 years after the date of
  861  loss hurricane first made landfall or the windstorm caused the
  862  covered damage. A supplemental claim is barred unless notice of
  863  the supplemental claim was given to the insurer in accordance
  864  with the terms of the policy within 3 years after the date of
  865  loss.
  866         (3)For claims resulting from hurricanes, tornadoes,
  867  windstorms, severe rain, or other weather-related events, the
  868  date of loss is the date that the hurricane made landfall or the
  869  tornado, windstorm, severe rain, or other weather-related event
  870  is verified by the National Oceanic and Atmospheric
  871  Administration For purposes of this section, the term
  872  “supplemental claim” or “reopened claim” means any additional
  873  claim for recovery from the insurer for losses from the same
  874  hurricane or windstorm which the insurer has previously adjusted
  875  pursuant to the initial claim.
  876         (4) This section does not affect any applicable limitation
  877  on civil actions provided in s. 95.11 for claims, supplemental
  878  claims, or reopened claims timely filed under this section.
  879         Section 11. Paragraph (e) of subsection (9) of section
  880  627.7015, Florida Statutes, is amended to read:
  881         627.7015 Alternative procedure for resolution of disputed
  882  property insurance claims.—
  883         (9) For purposes of this section, the term “claim” refers
  884  to any dispute between an insurer and a policyholder relating to
  885  a material issue of fact other than a dispute:
  886         (a) With respect to which the insurer has a reasonable
  887  basis to suspect fraud;
  888         (b) When, based on agreed-upon facts as to the cause of
  889  loss, there is no coverage under the policy;
  890         (c) With respect to which the insurer has a reasonable
  891  basis to believe that the policyholder has intentionally made a
  892  material misrepresentation of fact which is relevant to the
  893  claim, and the entire request for payment of a loss has been
  894  denied on the basis of the material misrepresentation;
  895         (d) With respect to which the amount in controversy is less
  896  than $500, unless the parties agree to mediate a dispute
  897  involving a lesser amount; or
  898         (e) With respect to a windstorm or hurricane loss that does
  899  not comply with s. 627.70132.
  900         Section 12. Section 627.70152, Florida Statutes, is created
  901  to read:
  902         627.70152Suits arising under a property insurance policy.—
  903         (1)APPLICATION.—This section applies exclusively to all
  904  suits not brought by an assignee arising under a residential or
  905  commercial property insurance policy, including a residential or
  906  commercial property insurance policy issued by an eligible
  907  surplus lines insurer.
  908         (2)DEFINITIONS.—As used in this section, the term:
  909         (a)“Amount obtained” means damages recovered, if any, but
  910  the term does not include any amount awarded for attorney fees,
  911  costs, or interest.
  912         (b)“Claimant” means an insured who is filing suit under a
  913  residential or commercial property insurance policy.
  914         (c)“Disputed amount” means the difference between the
  915  claimant’s presuit settlement demand, not including attorney
  916  fees and costs listed in the demand, and the insurer’s presuit
  917  settlement offer, not including attorney fees and costs, if part
  918  of the offer.
  919         (d)“Presuit settlement demand” means the demand made by
  920  the claimant in the written notice of intent to initiate
  921  litigation as required by paragraph (3)(e). The demand must
  922  include the amount of reasonable and necessary attorney fees and
  923  costs incurred by the claimant, to be calculated by multiplying
  924  the number of hours actually worked on the claim by the
  925  claimant’s attorney as of the date of the notice by a reasonable
  926  hourly rate.
  927         (e)“Presuit settlement offer” means the offer made by the
  928  insurer in its written response to the notice as required by
  929  subsection (3).
  930         (3)NOTICE.—
  931         (a)As a condition precedent to filing a suit under a
  932  property insurance policy, a claimant must provide the
  933  department with written notice of intent to initiate litigation
  934  on a form provided by the department. Such notice must be given
  935  at least 10 business days before filing suit under the policy,
  936  but may not be given before the insurer has made a determination
  937  of coverage under s. 627.70131. Notice to the insurer must be
  938  provided by the department to the e-mail address designated by
  939  the insurer under s. 624.422. The notice must state with
  940  specificity all of the following information:
  941         1.That the notice is provided pursuant to this section.
  942         2.The alleged acts or omissions of the insurer giving rise
  943  to the suit, which may include a denial of coverage.
  944         3.If provided by an attorney or other representative, that
  945  a copy of the notice was provided to the claimant.
  946         4.If the notice is provided following a denial of
  947  coverage, an estimate of damages, if known.
  948         5.If the notice is provided following acts or omissions by
  949  the insurer other than denial of coverage, both of the
  950  following:
  951         a.The presuit settlement demand, which must itemize the
  952  damages, attorney fees, and costs.
  953         b.The disputed amount.
  954  
  955  Documentation to support the information provided in this
  956  paragraph may be provided along with the notice to the insurer.
  957         (b)A claimant must serve a notice of intent to initiate
  958  litigation within the time limits provided in s. 95.11. However,
  959  the notice is not required if the suit is a counterclaim.
  960  Service of a notice tolls the time limits provided in s. 95.11
  961  for 10 business days if such time limits will expire before the
  962  end of the 10-day notice period.
  963         (4)INSURER DUTIES.—An insurer must have a procedure for
  964  the prompt investigation, review, and evaluation of the dispute
  965  stated in the notice and must investigate each claim contained
  966  in the notice in accordance with the Florida Insurance Code.
  967  An insurer must respond in writing within 10 business days after
  968  receiving the notice specified in subsection (3). The insurer
  969  must provide the response to the claimant by e-mail if the
  970  insured has designated an e-mail address in the notice.
  971         (a)If an insurer is responding to a notice served on the
  972  insurer following a denial of coverage by the insurer, the
  973  insurer must respond by:
  974         1.Accepting coverage;
  975         2.Continuing to deny coverage; or
  976         3.Asserting the right to reinspect the damaged property.
  977  If the insurer responds by asserting the right to reinspect the
  978  damaged property, it has 14 business days after the response
  979  asserting that right to reinspect the property and accept or
  980  continue to deny coverage. The time limits provided in s. 95.11
  981  are tolled during the reinspection period if such time limits
  982  expire before the end of the reinspection period. If the insurer
  983  continues to deny coverage, the claimant may file suit without
  984  providing additional notice to the insurer.
  985         (b)If an insurer is responding to a notice provided to the
  986  insurer alleging an act or omission by the insurer other than a
  987  denial of coverage, the insurer must respond by making a
  988  settlement offer or requiring the claimant to participate in
  989  appraisal or another method of alternative dispute resolution.
  990  The time limits provided in s. 95.11 are tolled as long as
  991  appraisal or other alternative dispute resolution is ongoing if
  992  such time limits expire during the appraisal process or dispute
  993  resolution process. If the appraisal or alternative dispute
  994  resolution has not been concluded within 90 days after the
  995  expiration of the 10-day notice of intent to initiate litigation
  996  specified in subsection (3), the claimant or claimant’s attorney
  997  may immediately file suit without providing the insurer
  998  additional notice.
  999         (5)DISMISSAL OF SUIT.—A court must dismiss without
 1000  prejudice any claimant’s suit relating to a claim for which a
 1001  notice of intent to initiate litigation was not given as
 1002  required by this section or if such suit is commenced before the
 1003  expiration of any time period provided under subsection (4), as
 1004  applicable.
 1005         (6)ADMISSIBILITY OF NOTICE AND RESPONSE.—The notice
 1006  provided pursuant to subsection (3) and, if applicable, the
 1007  documentation to support the information provided in the notice:
 1008         (a)Are admissible as evidence only in a proceeding
 1009  regarding attorney fees.
 1010         (b)Do not limit the evidence of attorney fees or costs,
 1011  damages, or loss which may be offered at trial.
 1012         (c)Do not relieve any obligation that an insured or
 1013  assignee has to give notice under any other provision of law.
 1014         (7)TOLLING.—If a claim is not resolved during the presuit
 1015  notice process and if the time limits provided in s. 95.11
 1016  expire in the 30 days following the conclusion of the presuit
 1017  notice process, such time limits are tolled for 30 days.
 1018         (8)ATTORNEY FEES.—
 1019         (a)In a suit arising under a residential or commercial
 1020  property insurance policy not brought by an assignee, the amount
 1021  of reasonable attorney fees and costs under s. 626.9373(1) or s.
 1022  627.428(1) shall be calculated and awarded as follows:
 1023         1.If the difference between the amount obtained by the
 1024  claimant and the presuit settlement offer, excluding reasonable
 1025  attorney fees and costs, is less than 20 percent of the disputed
 1026  amount, each party pays its own attorney fees and costs and a
 1027  claimant may not be awarded attorney fees under s. 626.9373(1)
 1028  or s. 627.428(1).
 1029         2.If the difference between the amount obtained by the
 1030  claimant and the presuit settlement offer, excluding reasonable
 1031  attorney fees and costs, is at least 20 percent but less than 50
 1032  percent of the disputed amount, the insurer pays the claimant’s
 1033  attorney fees and costs under s. 626.9373(1) or s. 627.428(1)
 1034  equal to the percentage of the disputed amount obtained times
 1035  the total attorney fees and costs.
 1036         3.If the difference between the amount obtained by the
 1037  claimant and the presuit settlement offer, excluding reasonable
 1038  attorney fees and costs, is at least 50 percent of the disputed
 1039  amount, the insurer pays the claimant’s full attorney fees and
 1040  costs under s. 626.9373(1) or s. 627.428(1).
 1041         (b)In a suit arising under a residential or commercial
 1042  property insurance policy not brought by an assignee, if a court
 1043  dismisses a claimant’s suit pursuant to subsection (5), the
 1044  court may not award to the claimant any incurred attorney fees
 1045  for services rendered before the dismissal of the suit.
 1046         Section 13. Section 627.70153, Florida Statutes, is created
 1047  to read:
 1048         627.70153 Consolidation of residential property insurance
 1049  actions.—Each party that is aware of ongoing multiple actions
 1050  involving coverage provided under the same residential property
 1051  insurance policy for the same property with the same owners must
 1052  provide written notice to the court of the multiple actions.
 1053  Upon notification of any party, the court may order that the
 1054  actions be consolidated and transferred to the court having
 1055  jurisdiction based on the total amount in controversy of all
 1056  consolidated claims. If multiple cases are pending in circuit
 1057  courts, the cases may be consolidated based on the date on which
 1058  the first case was filed.
 1059  
 1060  ================= T I T L E  A M E N D M E N T ================
 1061  And the title is amended as follows:
 1062         Delete lines 1227 - 1319
 1063  and insert:
 1064         is not included; amending s. 624.424, F.S.; requiring
 1065         property insurers, effective a certain date, to
 1066         include certain data regarding closed claims in their
 1067         annual reports to the Office of Insurance Regulation;
 1068         requiring specified insurers to provide the office
 1069         with certain information under certain circumstances;
 1070         requiring the office to consider certain costs in
 1071         determining whether payments made by an insurer to an
 1072         affiliate are fair and reasonable; amending s.
 1073         626.7451, F.S.; requiring managing general agents to
 1074         enter into specified contracts with insurers even when
 1075         the managing general agents control, or are controlled
 1076         by, the insurers; amending s. 626.7452, F.S.;
 1077         providing that a managing general agent may be
 1078         examined as if it were the insurer even if the
 1079         managing general agent solely represents a single
 1080         domestic insurer; amending s. 626.854, F.S.;
 1081         prohibiting certain acts by specified licensed
 1082         contractors and their subcontractors; providing
 1083         construction; prohibiting certain acts by a public
 1084         adjuster, public adjuster apprentice, and certain
 1085         other persons; providing that certain acts constitute
 1086         unlicensed practice of public adjusting; providing
 1087         penalties; amending s. 626.9373, F.S.; providing for
 1088         the award of reasonable attorney fees as provided by
 1089         specified provisions of law under certain
 1090         circumstances; amending s. 627.351, F.S.; revising a
 1091         procedure that the plan of operation of Citizens
 1092         Property Insurance Corporation must provide; requiring
 1093         the corporation to include the costs of catastrophe
 1094         reinsurance to its projected 100-year probable maximum
 1095         loss in its rate calculations even if the corporation
 1096         does not purchase such reinsurance; deleting obsolete
 1097         language relating to the corporation’s rate filings;
 1098         requiring the corporation to annually implement a rate
 1099         increase that does not exceed a certain percent for
 1100         specified years; requiring the corporation’s budget
 1101         allocations for salaries for the corporation’s
 1102         employees, all employee raises exceeding 10 percent,
 1103         and an employee compensation plan for the corporation
 1104         to be approved by the corporation’s board of
 1105         governors; amending s. 627.3518, F.S.; conforming a
 1106         cross-reference; amending s. 627.428, F.S.; providing
 1107         for the award of reasonable attorney fees as provided
 1108         by specified provisions of law under certain
 1109         circumstances; amending s. 627.70132, F.S.; revising
 1110         the definitions of the terms “reopened claim” and
 1111         “supplemental claim” to include all perils; providing
 1112         that claims and reopened claims, but not supplemental
 1113         claims, under certain property insurance policies for
 1114         loss or damage caused by perils are barred unless
 1115         notice is given within a specified timeframe; revising
 1116         the timeframe for providing notices of property
 1117         insurance claims; providing that supplemental claims
 1118         are barred under certain circumstances; providing
 1119         construction; amending s. 627.7015, F.S.; conforming a
 1120         provision to changes made by the act; creating s.
 1121         627.70152, F.S.; providing applicability; providing
 1122         definitions; requiring a claimant to provide written
 1123         notice to the department before a suit is filed under
 1124         an insurance policy; requiring certain information to
 1125         be included in the notice; requiring a claimant to
 1126         serve notice within specified time limits; requiring
 1127         an insurer to provide a response to the notice within
 1128         a specified timeframe; providing for tolling of time
 1129         if appropriate; requiring an insurer to have a
 1130         procedure for the prompt investigation, review, and
 1131         evaluation of a dispute stated in the notice and to
 1132         investigate each claim in the notice in accordance
 1133         with the Florida Insurance Code; requiring an insurer
 1134         to provide a response to the notice within a specified
 1135         timeframe; requiring an insurer to provide a response
 1136         in a certain manner; requiring a court to dismiss
 1137         without prejudice a claimant’s suit under certain
 1138         circumstances; providing that the notice and
 1139         documentation are admissible as evidence only in
 1140         specified proceedings; providing construction;
 1141         providing that time limits are tolled under certain
 1142         circumstances; providing calculations and awards of
 1143         attorney fees and costs under certain circumstances;
 1144         prohibiting a court from awarding attorney fees to a
 1145         claimant under certain circumstances; creating s.
 1146         627.70153, F.S.; requiring parties that are aware of
 1147         certain residential property insurance claims to
 1148         notify the court of multiple proceedings; authorizing
 1149         the court to consolidate certain residential property
 1150         insurance claims upon notification of any party;
 1151         amending s.