Florida Senate - 2023                   (Proposed Bill) SPB 7052
       
       
        
       FOR CONSIDERATION By the Committee on Banking and Insurance
       
       
       
       
       
       597-03393A-23                                         20237052pb
    1                        A bill to be entitled                      
    2         An act relating to insurer accountability; amending s.
    3         624.307, F.S.; authorizing electronic responses to
    4         certain requests from the Division of Consumer
    5         Services of the Department of Financial Services
    6         concerning consumer complaints; revising the timeframe
    7         in which responses must be made; revising
    8         administrative penalties; amending s. 624.315, F.S.;
    9         specifying reporting requirements for the Office of
   10         Insurance Regulation’s internal auditor in the
   11         office’s annual report relating to the enforcement of
   12         insurer compliance; creating s. 624.3152, F.S.;
   13         specifying requirements for the office to report
   14         quarterly to the Legislature relating to the
   15         enforcement of insurer compliance; amending s.
   16         624.316, F.S.; requiring the office to create a
   17         specified methodology for scheduling examinations of
   18         insurers; specifying requirements for such
   19         methodology; providing construction; amending s.
   20         624.3161, F.S.; providing that authorized property
   21         insurers must, rather than may, be subject to an
   22         additional market conduct examination after a
   23         hurricane if specified conditions are met; revising
   24         the applicability of such conditions; requiring the
   25         office to create, and the Financial Services
   26         Commission to adopt by rule, a specified methodology
   27         for scheduling examinations of insurers; specifying
   28         requirements for such methodology; providing
   29         construction; amending s. 624.4211, F.S.; revising
   30         administrative fines the office may impose in lieu of
   31         revocation or suspension; amending s. 624.424, F.S.;
   32         revising reporting requirements for insurers that pay
   33         financial consideration or payment to affiliates;
   34         revising factors the office must consider in
   35         determining whether such financial consideration or
   36         payment is fair and reasonable; specifying reporting
   37         requirements for insurers relating to agreements with
   38         affiliates; creating s. 624.4301, F.S.; specifying
   39         requirements for insurers temporarily suspending
   40         writing new policies in notifying the office; amending
   41         s. 626.207, F.S.; revising a condition for
   42         disqualification of an insurance representative
   43         applicant or licensee; amending s. 626.9521, F.S.;
   44         revising and specifying applicable fines for unfair
   45         methods of competition and unfair or deceptive acts or
   46         practices; amending s. 626.9541, F.S.; adding an
   47         unfair claim settlement practice by an insurer;
   48         prohibiting an officer or a director of an impaired
   49         insurer to authorize or permit the insurer to pay a
   50         bonus to any officer or director of the insurer;
   51         defining the term “bonus”; providing a criminal
   52         penalty; amending s. 626.9743, F.S.; revising
   53         applicability of provisions relating to motor vehicle
   54         insurance claim settlement practices; specifying
   55         requirements, procedures, and authorized actions for
   56         insurers relating to communications, investigations,
   57         estimates, and recordkeeping; defining the terms
   58         “factors beyond the control of the insurer” and
   59         “insurer”; specifying required notices by insurers;
   60         specifying requirements and procedures for insurers in
   61         paying or denying claims; providing construction and
   62         applicability; amending s. 626.989, F.S.; revising a
   63         reporting requirement for the department’s Division of
   64         Investigative and Forensic Services; requiring the
   65         division to submit an annual performance report to the
   66         Legislature; specifying requirements for the report;
   67         amending s. 627.0629, F.S.; specifying requirements
   68         for residential property insurers in providing certain
   69         hurricane mitigation discount information to
   70         policyholders in a specified manner; specifying
   71         requirements for the office in reevaluating and
   72         updating certain fixtures and construction techniques;
   73         deleting obsolete dates; amending s. 627.351, F.S.;
   74         prohibiting Citizens Property Insurance Corporation
   75         from determining that a risk is ineligible for
   76         coverage solely on a specified basis; amending s.
   77         627.410, F.S.; prohibiting the office from exempting
   78         specified insurers from form filing requirements;
   79         creating s. 627.4108, F.S.; providing legislative
   80         intent; specifying requirements for insurers in
   81         submitting claims-handling manuals to the office;
   82         authorizing the office to conduct examinations;
   83         authorizing the commission to adopt emergency rules;
   84         amending s. 627.4133, F.S.; revising prohibitions on
   85         insurers against the cancellation or nonrenewal of
   86         property insurance policies; revising applicability;
   87         providing construction; defining the term “insurer”;
   88         amending s. 627.426, F.S.; requiring the office to
   89         ensure that each liability insurer, upon receiving
   90         certain notice, takes specified actions; providing
   91         construction; amending s. 627.701, F.S.; providing
   92         that if a roof deductible is applied under a personal
   93         lines residential property insurance policy, no other
   94         deductible under the policy may be applied to any
   95         other loss to the property caused by the same covered
   96         peril; amending s. 627.70132, F.S.; providing for the
   97         tolling of certain timeframes for filing notices of
   98         property insurance claims for servicemembers; amending
   99         s. 627.7019, F.S.; providing that surplus lines
  100         insurers are subject to the commission’s rulemaking
  101         authority as to requirements of insurers after natural
  102         disasters; amending s. 627.782, F.S.; revising rate
  103         filing requirements for title insurers; providing that
  104         the office, rather than the commission, must review
  105         premium rates; providing construction relating to
  106         chapter 2022-271, Laws of Florida; requiring
  107         residential property insurers and motor vehicle
  108         insurer rate filings to reflect certain savings and
  109         reductions in expenses; specifying requirements for
  110         the office in reviewing rate filings; authorizing the
  111         office to develop certain factors and contract with a
  112         vendor for a certain purpose; providing
  113         appropriations; providing an effective date.
  114          
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Paragraph (b) of subsection (10) of section
  118  624.307, Florida Statutes, is amended to read:
  119         624.307 General powers; duties.—
  120         (10)
  121         (b) Any person licensed or issued a certificate of
  122  authority by the department or the office shall respond, in
  123  writing or electronically, to the division within 14 20 days
  124  after receipt of a written request for documents and information
  125  from the division concerning a consumer complaint. The response
  126  must address the issues and allegations raised in the complaint
  127  and include any requested documents concerning the consumer
  128  complaint not subject to attorney-client or work-product
  129  privilege. The division may impose an administrative penalty for
  130  failure to comply with this paragraph of up to $5,000 $2,500 per
  131  violation upon any entity licensed by the department or the
  132  office and $250 for the first violation, $500 for the second
  133  violation, and up to $1,000 per for the third or subsequent
  134  violation by upon any individual licensed by the department or
  135  the office.
  136         Section 2. Present subsection (4) of section 624.315,
  137  Florida Statutes, is redesignated as subsection (5), and a new
  138  subsection (4) is added to that section, to read:
  139         624.315 Annual report.—
  140         (4)The internal auditor of the office shall detail all
  141  actions of the office to enforce insurer compliance during the
  142  previous year. For each of the following, the report must detail
  143  the insurer or other licensee or registrant against whom such
  144  action was taken; whether the office found any violation of law
  145  or rule by such party, and, if so, detail such violation; and
  146  the resolution of such action, including any penalties imposed
  147  by the office. The report must be published on the website of
  148  the office and submitted to the Governor, the President of the
  149  Senate, and the Speaker of the House of Representatives on or
  150  before February 15 of each year. The report must include, but
  151  need not be limited to:
  152         (a)The revocation, denial, or suspension of any license or
  153  registration issued by the office.
  154         (b) All actions taken pursuant to s. 624.310.
  155         (c)Fines imposed by the office for violations of this
  156  code.
  157         (d)Consent orders entered into by the office.
  158         (e)Examinations and investigations conducted and completed
  159  by the office pursuant to ss. 624.316 and 624.3161.
  160         (f)Investigations conducted and completed, by line of
  161  insurance, for which the office found violations of law or rule
  162  but did not take enforcement action.
  163         Section 3. Section 624.3152, Florida Statutes, is created
  164  to read:
  165         624.3152 Quarterly report of enforcement activity.—Each
  166  quarter, the office shall create a report detailing all actions
  167  of the office to enforce insurer compliance. The report must be
  168  submitted to the commission, the President of the Senate, the
  169  Speaker of the House of Representatives, and the legislative
  170  committees with jurisdiction over matters of insurance. For each
  171  of the following, the report must detail the insurer or other
  172  licensee or registrant against whom such action was taken;
  173  whether the office found any violation of law or rule by such
  174  party, and, if so, detail such violation; and the resolution of
  175  such action, including any penalties imposed by the office. The
  176  report is due on or before April 30, July 31, October 31, and
  177  January 31, respectively, for the immediately preceding quarter.
  178  The report must include, but need not be limited to:
  179         (1)The revocation, denial, or suspension of any license or
  180  registration issued by the office.
  181         (2)All actions taken pursuant to s. 624.310.
  182         (3)Fines imposed by the office for violations of this
  183  code.
  184         (4)Consent orders entered into by the office.
  185         (5)Examinations and investigations conducted and completed
  186  by the office pursuant to ss. 624.316 and 624.3161.
  187         (6)Investigations conducted and completed, by line of
  188  insurance, for which the office found violations of law or rule
  189  but did not take enforcement action.
  190         Section 4. Subsection (3) is added to section 624.316,
  191  Florida Statutes, to read:
  192         624.316 Examination of insurers.—
  193         (3) The office shall create a risk-based selection
  194  methodology for scheduling examinations of insurers subject to
  195  this section. This requirement does not restrict the authority
  196  of the office to conduct market conduct examinations as often as
  197  it deems advisable. Such methodology must include:
  198         (a)Use of currently required risk-based capital reports to
  199  prioritize financial examinations of insurers when such
  200  reporting indicates a decline in the insurer’s financial
  201  condition.
  202         (b)Consideration of any downgrade or threatened downgrade
  203  in the insurer’s financial strength rating.
  204         (c)Prioritization of property insurers for which the
  205  office identifies significant concerns about an insurer’s
  206  solvency pursuant to s. 627.7154.
  207         (d)Any other conditions the office deems necessary for the
  208  protection of the public.
  209         Section 5. Subsection (7) of section 624.3161, Florida
  210  Statutes, is amended, and subsection (8) is added to that
  211  section, to read:
  212         624.3161 Market conduct examinations.—
  213         (7) Notwithstanding subsection (1), any authorized insurer
  214  transacting property insurance business in this state must may
  215  be subject to an additional market conduct examination after a
  216  hurricane if, at any time more than 90 days after the end of the
  217  hurricane, the insurer:
  218         (a) Is among the top 20 percent of insurers based upon a
  219  calculation of the ratio of hurricane-related property insurance
  220  claims filed to the number of property insurance policies in
  221  force;
  222         (b) Is among the top 20 percent of insurers based upon a
  223  calculation of the ratio of consumer complaints made to the
  224  department to hurricane-related claims;
  225         (c) Has made significant payments to its managing general
  226  agent since the hurricane; or
  227         (d) Is identified by the office as necessitating a market
  228  conduct exam for any other reason.
  229  
  230  All relevant criteria under this section and s. 624.316 shall be
  231  applied to the market conduct examination under this subsection.
  232  Such an examination must be initiated within 18 months after the
  233  landfall of a hurricane that results in an executive order or a
  234  state of emergency issued by the Governor. This requirement does
  235  not limit in any way the authority of the office to conduct at
  236  any time a market conduct examination of a property insurer in
  237  the aftermath of a hurricane. An examination of an insurer under
  238  this subsection must also include an examination of its managing
  239  general agent as if it were the insurer.
  240         (8) The office shall create, and the commission shall adopt
  241  by rule, a risk-based selection methodology for scheduling and
  242  conducting market conduct examinations of insurers and other
  243  entities regulated by the office. This requirement does not
  244  restrict the authority of the office to conduct market conduct
  245  examinations as often as it deems necessary. Under such
  246  selection methodology, the office must initiate a market conduct
  247  examination if any of the following conditions exist relating to
  248  an insurer or other entity regulated by the office:
  249         (a)An insurance regulator in another state has initiated
  250  or taken regulatory action against the insurer or entity,
  251  including, but not limited to:
  252         1.A licensure denial, suspension, or revocation;
  253         2.Imposition of administrative fines; or
  254         3.Issuance of a cease and desist order, consent order, or
  255  other order regarding actions or omissions of the insurer or
  256  entity.
  257         (b)Given the insurer’s market share in this state, the
  258  department or the office has received a disproportionate number
  259  of the following types of claims-handling complaints against the
  260  insurer:
  261         1.Failure to timely communicate with respect to claims;
  262         2.Failure to timely pay claims;
  263         3.Untimely payments giving rise to the payment of
  264  statutory interest;
  265         4.Failure to adjust and pay claims in accordance with the
  266  terms and conditions of the policy or contract and in compliance
  267  with state law;
  268         5.Violations of the Unfair Insurance Trade Practices Act
  269  in part IX of chapter 626;
  270         6.Failure to use licensed and duly appointed claims
  271  adjusters;
  272         7.Failure to maintain reasonable claims records; or
  273         8.Failure to adhere to the company’s claims-handling
  274  manual.
  275         (c)The results of a National Association of Insurance
  276  Commissioners Market Conduct Annual Statement indicate the
  277  insurer is a negative outlier with regard to particular metrics.
  278         (d)There is evidence the insurer is engaged in a pattern
  279  or practice of violations of the Unfair Insurance Trade
  280  Practices Act.
  281         (e)The insurer meets the criteria in subsection (7).
  282         (f)Any other conditions the office deems necessary for the
  283  protection of the public.
  284         Section 6. Section 624.4211, Florida Statutes, is amended
  285  to read:
  286         624.4211 Administrative fine in lieu of suspension or
  287  revocation.—
  288         (1) If the office finds that one or more grounds exist for
  289  the discretionary revocation or suspension of a certificate of
  290  authority issued under this chapter, the office may, in lieu of
  291  such revocation or suspension, impose a fine upon the insurer.
  292         (2)(a) With respect to a any nonwillful violation, such
  293  fine may not exceed:
  294         1.Twenty-five thousand dollars per violation, up to an
  295  aggregate amount of $100,000 for all nonwillful violations
  296  arising out of the same action, related to a covered loss or
  297  claim caused by an emergency for which the Governor declared a
  298  state of emergency pursuant to s. 252.36.
  299         2.Twelve thousand five hundred dollars $5,000 per
  300  violation, up to. In no event shall such fine exceed an
  301  aggregate amount of $50,000 $20,000 for all other nonwillful
  302  violations arising out of the same action.
  303         (b) If an insurer discovers a nonwillful violation, the
  304  insurer shall correct the violation and, if restitution is due,
  305  make restitution to all affected persons. Such restitution shall
  306  include interest at 12 percent per year from either the date of
  307  the violation or the date of inception of the affected person’s
  308  policy, at the insurer’s option. The restitution may be a credit
  309  against future premiums due provided that interest accumulates
  310  until the premiums are due. If the amount of restitution due to
  311  any person is $50 or more and the insurer wishes to credit it
  312  against future premiums, it shall notify such person that she or
  313  he may receive a check instead of a credit. If the credit is on
  314  a policy that is not renewed, the insurer shall pay the
  315  restitution to the person to whom it is due.
  316         (3)(a) With respect to a any knowing and willful violation
  317  of a lawful order or rule of the office or commission or a
  318  provision of this code, the office may impose a fine upon the
  319  insurer in an amount not to exceed:
  320         1.Two hundred thousand dollars for each such violation, up
  321  to an aggregate amount of $1 million for all knowing and willful
  322  violations arising out of the same action, related to a covered
  323  loss or claim caused by an emergency for which the Governor
  324  declared a state of emergency pursuant to s. 252.36.
  325         2.One hundred thousand dollars $40,000 for each such
  326  violation, up to. In no event shall such fine exceed an
  327  aggregate amount of $500,000 $200,000 for all other knowing and
  328  willful violations arising out of the same action.
  329         (b) In addition to such fines, the insurer shall make
  330  restitution when due in accordance with subsection (2).
  331         (4) The failure of an insurer to make restitution when due
  332  as required under this section constitutes a willful violation
  333  of this code. However, if an insurer in good faith is uncertain
  334  as to whether any restitution is due or as to the amount of such
  335  restitution, it shall promptly notify the office of the
  336  circumstances; and the failure to make restitution pending a
  337  determination thereof shall not constitute a violation of this
  338  code.
  339         Section 7. Subsection (13) of section 624.424, Florida
  340  Statutes, is amended to read:
  341         624.424 Annual statement and other information.—
  342         (13)(a) Each insurer doing business in this state which
  343  pays a fee, commission, or other financial consideration or
  344  payment to any affiliate directly or indirectly must is required
  345  upon request to provide to the office documentation supporting
  346  that such any information the office deems necessary. The fee,
  347  commission, or other financial consideration or payment to any
  348  affiliate is must be fair and reasonable for each service being
  349  provided by contract. In determining whether the fee,
  350  commission, or other financial consideration or payment is fair
  351  and reasonable, the office shall consider, at a minimum, the
  352  following:
  353         1.The actual cost of each service provided by an
  354  affiliate;
  355         2.The cost of that service, if provided by a nonaffiliate;
  356         3.The relative financial condition of the insurer and of
  357  the managing general agent;
  358         4.The level of holding company debt and how that debt is
  359  serviced;
  360         5.The amount of dividends paid by the managing general
  361  agent and for what purpose; and
  362         6.Whether the terms of the written contract benefit the
  363  insurer and are in the best interest of policyholders.
  364         (b)For each agreement with an affiliate in force on July
  365  1, 2023, each insurer shall provide to the office no later than
  366  October 1, 2023, the cost incurred by the affiliate to provide
  367  each service, the amount charged to the insurer for each
  368  service, and the dollar amount of fees forgiven, waived, or
  369  reimbursed by the affiliate for the two most recent preceding
  370  years. If the total dollar amount charged to the insurer was
  371  greater than the total cost to provide services for either year,
  372  the insurer must explain how it determined the fee was fair and
  373  reasonable. For any proposed contract with an affiliate
  374  effective after July 1, 2023, the insurer may include a proposal
  375  for the same services by an unaffiliated third party to support
  376  that the fee, commission, or other financial consideration or
  377  payment to the affiliate is fair and reasonable among other
  378  things, the actual cost of the service being provided.
  379         Section 8. Section 624.4301, Florida Statutes, is created
  380  to read:
  381         624.4301 Notice of temporary discontinuance of writing new
  382  policies.—Any insurer, before temporarily suspending writing new
  383  policies in this state, must give written notice to the office
  384  of the insurer’s reasons for such action, the effective dates of
  385  the temporary suspension, and the proposed communication to its
  386  agents. The insurer shall submit such notice to the office the
  387  earlier of 20 business days before the effective date of the
  388  temporary suspension of writing or 5 business days before
  389  notifying its agents of the temporary suspension of writing. The
  390  insurer must provide any other information requested by the
  391  office related to the insurer’s temporary suspension of writing.
  392         Section 9. Paragraph (c) of subsection (3) of section
  393  626.207, Florida Statutes, is amended to read:
  394         626.207 Disqualification of applicants and licensees;
  395  penalties against licensees; rulemaking authority.—
  396         (3) An applicant who has been found guilty of or has
  397  pleaded guilty or nolo contendere to a crime not included in
  398  subsection (2), regardless of adjudication, is subject to:
  399         (c) A 7-year disqualifying period for all misdemeanors
  400  directly related to the financial services business or any
  401  violation of the Florida Insurance Code.
  402         Section 10. Subsections (2) and (3) of section 626.9521,
  403  Florida Statutes, are amended to read:
  404         626.9521 Unfair methods of competition and unfair or
  405  deceptive acts or practices prohibited; penalties.—
  406         (2) Except as provided in subsection (3), any person who
  407  violates any provision of this part is subject to a fine in an
  408  amount not greater than $12,500 $5,000 for each nonwillful
  409  violation and not greater than $100,000 $40,000 for each willful
  410  violation. Fines under this subsection imposed against an
  411  insurer may not exceed an aggregate amount of $50,000 $20,000
  412  for all nonwillful violations arising out of the same action or
  413  an aggregate amount of $500,000 $200,000 for all willful
  414  violations arising out of the same action. The fines may be
  415  imposed in addition to any other applicable penalty.
  416         (3)(a) If a person violates s. 626.9541(1)(l), the offense
  417  known as “twisting,” or violates s. 626.9541(1)(aa), the offense
  418  known as “churning,” the person commits a misdemeanor of the
  419  first degree, punishable as provided in s. 775.082, and an
  420  administrative fine not greater than $12,500 $5,000 shall be
  421  imposed for each nonwillful violation or an administrative fine
  422  not greater than $187,500 $75,000 shall be imposed for each
  423  willful violation. To impose an administrative fine for a
  424  willful violation under this paragraph, the practice of
  425  “churning” or “twisting” must involve fraudulent conduct.
  426         (b) If a person violates s. 626.9541(1)(ee) by willfully
  427  submitting fraudulent signatures on an application or policy
  428  related document, the person commits a felony of the third
  429  degree, punishable as provided in s. 775.082, and an
  430  administrative fine not greater than $12,500 $5,000 shall be
  431  imposed for each nonwillful violation or an administrative fine
  432  not greater than $187,500 $75,000 shall be imposed for each
  433  willful violation.
  434         (c) If a person violates any provision of this part and
  435  such violation is related to a covered loss or covered claim
  436  caused by an emergency for which the Governor declared a state
  437  of emergency pursuant to s. 252.36, such person is subject to a
  438  fine in an amount not greater than $25,000 for each nonwillful
  439  violation and not greater than $200,000 for each willful
  440  violation. Fines under this paragraph imposed against an insurer
  441  may not exceed an aggregate amount of $100,000 for all
  442  nonwillful violations arising out of the same action or an
  443  aggregate amount of $1 million for all willful violations
  444  arising out of the same action.
  445         (d) Administrative fines under paragraphs (a) and (b) this
  446  subsection may not exceed an aggregate amount of $125,000
  447  $50,000 for all nonwillful violations arising out of the same
  448  action or an aggregate amount of $625,000 $250,000 for all
  449  willful violations arising out of the same action.
  450         Section 11. Paragraphs (i) and (w) of subsection (1) of
  451  section 626.9541, Florida Statutes, are amended to read:
  452         626.9541 Unfair methods of competition and unfair or
  453  deceptive acts or practices defined.—
  454         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  455  ACTS.—The following are defined as unfair methods of competition
  456  and unfair or deceptive acts or practices:
  457         (i) Unfair claim settlement practices.—
  458         1. Attempting to settle claims on the basis of an
  459  application, when serving as a binder or intended to become a
  460  part of the policy, or any other material document which was
  461  altered without notice to, or knowledge or consent of, the
  462  insured;
  463         2. A material misrepresentation made to an insured or any
  464  other person having an interest in the proceeds payable under
  465  such contract or policy, for the purpose and with the intent of
  466  effecting settlement of such claims, loss, or damage under such
  467  contract or policy on less favorable terms than those provided
  468  in, and contemplated by, such contract or policy;
  469         3. Committing or performing with such frequency as to
  470  indicate a general business practice any of the following:
  471         a. Failing to adopt and implement standards for the proper
  472  investigation of claims;
  473         b. Misrepresenting pertinent facts or insurance policy
  474  provisions relating to coverages at issue;
  475         c. Failing to acknowledge and act promptly upon
  476  communications with respect to claims;
  477         d. Denying claims without conducting reasonable
  478  investigations based upon available information;
  479         e. Failing to affirm or deny full or partial coverage of
  480  claims, and, as to partial coverage, the dollar amount or extent
  481  of coverage, or failing to provide a written statement that the
  482  claim is being investigated, upon the written request of the
  483  insured within 30 days after proof-of-loss statements have been
  484  completed;
  485         f. Failing to promptly provide a reasonable explanation in
  486  writing to the insured of the basis in the insurance policy, in
  487  relation to the facts or applicable law, for denial of a claim
  488  or for the offer of a compromise settlement;
  489         g. Failing to promptly notify the insured of any additional
  490  information necessary for the processing of a claim;
  491         h. Failing to clearly explain the nature of the requested
  492  information and the reasons why such information is necessary;
  493  or
  494         i. Failing to pay personal injury protection insurance
  495  claims within the time periods required by s. 627.736(4)(b). The
  496  office may order the insurer to pay restitution to a
  497  policyholder, medical provider, or other claimant, including
  498  interest at a rate consistent with the amount set forth in s.
  499  55.03(1), for the time period within which an insurer fails to
  500  pay claims as required by law. Restitution is in addition to any
  501  other penalties allowed by law, including, but not limited to,
  502  the suspension of the insurer’s certificate of authority; or
  503         j.Altering or amending an insurance adjuster’s report
  504  without including on the report or as an addendum to the report
  505  a detailed list of all changes made to the report and the
  506  identity of the person who ordered each change. Any change that
  507  has the effect of reducing the estimate of the loss must include
  508  a detailed explanation why such change was made; or
  509         4. Failing to pay undisputed amounts of partial or full
  510  benefits owed under first-party property insurance policies
  511  within 60 days after an insurer receives notice of a residential
  512  property insurance claim, determines the amounts of partial or
  513  full benefits, and agrees to coverage, unless payment of the
  514  undisputed benefits is prevented by factors beyond the control
  515  of the insurer as defined in s. 627.70131(5).
  516         (w) Soliciting or accepting new or renewal insurance risks
  517  or payment of certain bonuses by insolvent or impaired insurer
  518  prohibited; penalty.—
  519         1. Whether or not delinquency proceedings as to the insurer
  520  have been or are to be initiated, but while such insolvency or
  521  impairment exists, no director or officer of an insurer, except
  522  with the written permission of the office, shall authorize or
  523  permit the insurer to solicit or accept new or renewal insurance
  524  risks in this state after such director or officer knew, or
  525  reasonably should have known, that the insurer was insolvent or
  526  impaired.
  527         2.Regardless of whether delinquency proceedings as to the
  528  insurer have been or are to be initiated, but while such
  529  insolvency or impairment exists, a director or an officer of an
  530  impaired insurer may not authorize or permit the insurer to pay
  531  a bonus to any officer or director of the insurer.
  532         3.As used in this paragraph, the term:
  533         a.“Bonus” means a payment, in addition to an officer’s or
  534  a director’s usual compensation, that is in addition to any
  535  amounts contracted for or otherwise legally due.
  536         b. “Impaired” includes impairment of capital or surplus, as
  537  defined in s. 631.011(12) and (13).
  538         4.2. Any such director or officer, upon conviction of a
  539  violation of this paragraph, commits is guilty of a felony of
  540  the third degree, punishable as provided in s. 775.082, s.
  541  775.083, or s. 775.084.
  542         Section 12. Section 626.9743, Florida Statutes, is amended
  543  to read:
  544         626.9743 Claim settlement practices relating to motor
  545  vehicle insurance.—
  546         (1) This section shall apply to the adjustment and
  547  settlement of first- and third-party personal and commercial
  548  motor vehicle insurance claims.
  549         (2)(a)Upon an insurer’s receiving a communication with
  550  respect to a claim, the insurer shall within 7 calendar days
  551  review and acknowledge receipt of such communication unless
  552  payment is made within that period of time or unless the failure
  553  to acknowledge is caused by factors beyond the control of the
  554  insurer. If the acknowledgment is not in writing, a notification
  555  indicating acknowledgement must be made in the insurer’s claim
  556  file and dated. A communication made to or by a representative
  557  of an insurer with respect to a claim constitutes communication
  558  to or by the insurer.
  559         (b)Such acknowledgment must be responsive to the
  560  communication. If the communication constitutes notification of
  561  a claim, unless the acknowledgment reasonably advises the
  562  claimant that the claim appears not to be covered by the
  563  insurer, the acknowledgment must provide necessary claim forms
  564  and instructions, including an appropriate telephone number.
  565         (3)(a)Unless otherwise provided by the policy of insurance
  566  or by law, within 7 days after an insurer receives proof-of-loss
  567  statements, the insurer shall begin such investigation as is
  568  reasonably necessary unless the failure to begin such
  569  investigation is caused by factors beyond the control of the
  570  insurer.
  571         (b)If such investigation involves a physical inspection of
  572  the motor vehicle, the licensed adjuster assigned by the insurer
  573  must provide the policyholder with a printed or electronic
  574  document containing his or her name and state adjuster license
  575  number. An insurer must conduct any such physical inspection
  576  within 7 days after its receipt of the proof-of-loss statements.
  577         (c)Any subsequent communication with the policyholder
  578  regarding the claim must also include the name and license
  579  number of the adjuster communicating about the claim.
  580  Communication of the adjuster’s name and license number may be
  581  included with other information provided to the policyholder.
  582         (d)An insurer may use electronic methods to investigate
  583  the loss. Such electronic methods may include any method that
  584  provides the insurer with clear color pictures or video
  585  documenting the loss, including, but not limited to, electronic
  586  photographs or video recordings of the loss and video
  587  conferencing between the adjuster and the policyholder which
  588  includes video recording of the loss. The insurer may also allow
  589  the policyholder to use such methods to assist in the
  590  investigation of the loss. An insurer may void the insurance
  591  policy if the policyholder or any other person at the direction
  592  of the policyholder, with intent to injure, defraud, or deceive
  593  any insurer, commits insurance fraud by providing false,
  594  incomplete, or misleading information concerning any fact or
  595  thing material to a claim using electronic methods. The use of
  596  electronic methods to investigate the loss does not prohibit an
  597  insurer from assigning a licensed adjuster to physically inspect
  598  the motor vehicle.
  599         (e)The insurer must send the policyholder a copy of any
  600  detailed estimate of the amount of the loss within 7 days after
  601  the estimate is generated by the insurer’s adjuster. This
  602  paragraph does not require that an insurer create a detailed
  603  estimate of the amount of the loss if such estimate is not
  604  reasonably necessary as part of the claim investigation.
  605         (4)An insurer shall maintain:
  606         (a)A record or log of each adjuster who communicates with
  607  the policyholder as provided in paragraphs (3)(b) and (c) and
  608  provide a list of such adjusters to the insured, the office, or
  609  the department upon request.
  610         (b)Claim records, including dates of:
  611         1.Any claim-related communication made between the insurer
  612  and the policyholder or the policyholder’s representative;
  613         2.The insurer’s receipt of the policyholder’s proof of
  614  loss statement;
  615         3.Any claim-related request for information made by the
  616  insurer to the policyholder or the policyholder’s
  617  representative;
  618         4.Any claim-related inspections of the property made by
  619  the insurer, including physical inspections and inspections made
  620  by electronic means;
  621         5.Any detailed estimate of the amount of the loss
  622  generated by the insurer’s adjuster;
  623         6.The beginning and end of any tolling period provided for
  624  in subsection (8); and
  625         7.The insurer’s payment or denial of the claim.
  626         (5)For purposes of this section, the term:
  627         (a)“Factors beyond the control of the insurer” means:
  628         1.Any of the following events which is the basis for the
  629  office issuing an order finding that such event renders all or
  630  specified residential property insurers reasonably unable to
  631  meet the requirements of this section in specified locations,
  632  and ordering that such insurer or insurers may have additional
  633  time as specified by the office to comply with the requirements
  634  of this section: a state of emergency declared by the Governor
  635  under s. 252.36, a breach of security that must be reported
  636  under s. 501.171(3), or an information technology issue. The
  637  office may not extend the period for payment or denial of a
  638  claim for more than 30 additional days.
  639         2.Actions by the policyholder or the policyholder’s
  640  representative which constitute fraud, lack of cooperation, or
  641  intentional misrepresentation regarding the claim for which
  642  benefits are owed when such actions reasonably prevent the
  643  insurer from complying with any requirement of this section.
  644         (b)“Insurer” means any motor vehicle insurer.
  645         (6)(a)When providing a preliminary or partial estimate of
  646  damage regarding a claim, an insurer shall include with the
  647  estimate the following statement printed in at least 12-point
  648  bold, uppercase type: THIS ESTIMATE REPRESENTS OUR CURRENT
  649  EVALUATION OF THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND
  650  MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU
  651  HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING
  652  YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US.
  653         (b)When providing a payment on a claim which is not the
  654  full and final payment for the claim, an insurer shall include
  655  with the payment the following statement printed in at least 12
  656  point bold, uppercase type: WE ARE CONTINUING TO EVALUATE YOUR
  657  CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL
  658  PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL
  659  INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT
  660  US.
  661         (7)Within 60 days after an insurer receives notice of an
  662  initial or supplemental motor vehicle claim from a first- or
  663  third-party claimant, the insurer shall pay or deny such claim
  664  or a portion of the claim unless the failure to pay is caused by
  665  factors beyond the control of the insurer. The insurer shall
  666  provide a reasonable explanation in writing to the policyholder
  667  of the basis in the insurance policy, in relation to the facts
  668  or applicable law, for the payment, denial, or partial denial of
  669  a claim. If the insurer’s claim payment is less than specified
  670  in any insurer’s detailed estimate of the amount of the loss,
  671  the insurer must provide a reasonable explanation in writing of
  672  the difference to the policyholder. Any payment of an initial or
  673  supplemental claim or portion of such claim made 60 days after
  674  the insurer receives notice of the claim, or made after the
  675  expiration of any additional timeframe provided to pay or deny a
  676  claim or a portion of a claim made pursuant to an order of the
  677  office finding factors beyond the control of the insurer,
  678  whichever is later, bears interest at the rate set forth in s.
  679  55.03. Interest begins to accrue from the date the insurer
  680  receives notice of the claim. This subsection may not be waived,
  681  voided, or nullified by the terms of the insurance policy. If
  682  there is a right to prejudgment interest, the insured must
  683  select whether to receive prejudgment interest or interest under
  684  this subsection. Interest is payable when the claim or portion
  685  of the claim is paid. Failure to comply with this subsection
  686  constitutes a violation of this code. However, failure to comply
  687  with this subsection does not form the sole basis for a private
  688  cause of action.
  689         (8)The requirements of this section are tolled:
  690         (a)During the pendency of any mediation proceeding under
  691  s. 627.745 or any alternative dispute resolution proceeding
  692  provided for in the insurance contract. The tolling period ends
  693  upon the end of the mediation or alternative dispute resolution
  694  proceeding.
  695         (b)Upon the failure of a policyholder or a representative
  696  of the policyholder to provide material claims information
  697  requested by the insurer within 10 days after the request was
  698  received. The tolling period ends upon the insurer’s receipt of
  699  the requested information. Tolling under this paragraph applies
  700  only to requests sent by the insurer to the policyholder or a
  701  representative of the policyholder at least 15 days before the
  702  insurer is required to pay or deny the claim or a portion of the
  703  claim under subsection (7).
  704         (9)This section also applies to surplus lines insurers and
  705  surplus lines insurance authorized under ss. 626.913-626.937
  706  providing motor vehicle coverage.
  707         (10)(2) An insurer may not, when liability and damages owed
  708  under the policy are reasonably clear, recommend that a third
  709  party claimant make a claim under his or her own policy solely
  710  to avoid paying the claim under the policy issued by that
  711  insurer. However, the insurer may identify options to a third
  712  party claimant relative to the repair of his or her vehicle.
  713         (11)(3) An insurer that elects to repair a motor vehicle
  714  and specifically requires a particular repair shop for vehicle
  715  repairs shall cause the damaged vehicle to be restored to its
  716  physical condition as to performance and appearance immediately
  717  prior to the loss at no additional cost to the insured or third
  718  party claimant other than as stated in the policy.
  719         (12)(4) An insurer may not require the use of replacement
  720  parts in the repair of a motor vehicle which are not at least
  721  equivalent in kind and quality to the damaged parts prior to the
  722  loss in terms of fit, appearance, and performance.
  723         (13)(5) When the insurance policy provides for the
  724  adjustment and settlement of first-party motor vehicle total
  725  losses on the basis of actual cash value or replacement with
  726  another of like kind and quality, the insurer shall use one of
  727  the following methods:
  728         (a) The insurer may elect a cash settlement based upon the
  729  actual cost to purchase a comparable motor vehicle, including
  730  sales tax, if applicable pursuant to subsection (17) (9). Such
  731  cost may be derived from:
  732         1. When comparable motor vehicles are available in the
  733  local market area, the cost of two or more such comparable motor
  734  vehicles available within the preceding 90 days;
  735         2. The retail cost as determined from a generally
  736  recognized used motor vehicle industry source such as:
  737         a. An electronic database if the pertinent portions of the
  738  valuation documents generated by the database are provided by
  739  the insurer to the first-party insured upon request; or
  740         b. A guidebook that is generally available to the general
  741  public if the insurer identifies the guidebook used as the basis
  742  for the retail cost to the first-party insured upon request; or
  743         3. The retail cost using two or more quotations obtained by
  744  the insurer from two or more licensed dealers in the local
  745  market area.
  746         (b) The insurer may elect to offer a replacement motor
  747  vehicle that is a specified comparable motor vehicle available
  748  to the insured, including sales tax if applicable pursuant to
  749  subsection (17) (9), paid for by the insurer at no cost other
  750  than any deductible provided in the policy and betterment as
  751  provided in subsection (14) (6). The offer must be documented in
  752  the insurer’s claim file. For purposes of this subsection, a
  753  comparable motor vehicle is one that is made by the same
  754  manufacturer, of the same or newer model year, and of similar
  755  body type and that has similar options and mileage as the
  756  insured vehicle. Additionally, a comparable motor vehicle must
  757  be in as good or better overall condition than the insured
  758  vehicle and available for inspection within a reasonable
  759  distance of the insured’s residence.
  760         (c) When a motor vehicle total loss is adjusted or settled
  761  on a basis that varies from the methods described in paragraph
  762  (a) or paragraph (b), the determination of value must be
  763  supported by documentation, and any deductions from value must
  764  be itemized and specified in appropriate dollar amounts. The
  765  basis for such settlement shall be explained to the claimant in
  766  writing, if requested, and a copy of the explanation shall be
  767  retained in the insurer’s claim file.
  768         (d) Any other method agreed to by the claimant.
  769         (14)(6) When the amount offered in settlement reflects a
  770  reduction by the insurer because of betterment or depreciation,
  771  information pertaining to the reduction shall be maintained with
  772  the insurer’s claim file. Deductions shall be itemized and
  773  specific as to dollar amount and shall accurately reflect the
  774  value assigned to the betterment or depreciation. The basis for
  775  any deduction shall be explained to the claimant in writing, if
  776  requested, and a copy of the explanation shall be maintained
  777  with the insurer’s claim file.
  778         (15)(7) Every insurer shall, if partial losses are settled
  779  on the basis of a written estimate prepared by or for the
  780  insurer, supply the insured a copy of the estimate upon which
  781  the settlement is based.
  782         (16)(8) Every insurer shall provide notice to an insured
  783  before termination of payment for previously authorized storage
  784  charges, and the notice shall provide 72 hours for the insured
  785  to remove the vehicle from storage before terminating payment of
  786  the storage charges.
  787         (17)(9) If sales tax will necessarily be incurred by a
  788  claimant upon replacement of a total loss or upon repair of a
  789  partial loss, the insurer may defer payment of the sales tax
  790  unless and until the obligation has actually been incurred.
  791         (18)(10) Nothing in this section shall be construed to
  792  authorize or preclude enforcement of policy provisions relating
  793  to settlement disputes.
  794         Section 13. Subsection (6) of section 626.989, Florida
  795  Statutes, is amended, and subsection (10) is added to that
  796  section, to read:
  797         626.989 Investigation by department or Division of
  798  Investigative and Forensic Services; compliance; immunity;
  799  confidential information; reports to division; division
  800  investigator’s power of arrest.—
  801         (6)(a) Any person, other than an insurer, agent, or other
  802  person licensed under the code, or an employee thereof, having
  803  knowledge or who believes that a fraudulent insurance act or any
  804  other act or practice which, upon conviction, constitutes a
  805  felony or a misdemeanor under the code, or under s. 817.234, is
  806  being or has been committed may send to the Division of
  807  Investigative and Forensic Services a report or information
  808  pertinent to such knowledge or belief and such additional
  809  information relative thereto as the department may request. Any
  810  professional practitioner licensed or regulated by the
  811  Department of Business and Professional Regulation, except as
  812  otherwise provided by law, any medical review committee as
  813  defined in s. 766.101, any private medical review committee, and
  814  any insurer, agent, or other person licensed under the code, or
  815  an employee thereof, having knowledge or who believes that a
  816  fraudulent insurance act or any other act or practice which,
  817  upon conviction, constitutes a felony or a misdemeanor under the
  818  code, or under s. 817.234, is being or has been committed shall
  819  send to the Division of Investigative and Forensic Services a
  820  report or information pertinent to such knowledge or belief and
  821  such additional information relative thereto as the department
  822  may require.
  823         (b) The Division of Investigative and Forensic Services
  824  shall review such information or reports and select such
  825  information or reports as, in its judgment, may require further
  826  investigation. It shall then cause an independent examination of
  827  the facts surrounding such information or report to be made to
  828  determine the extent, if any, to which a fraudulent insurance
  829  act or any other act or practice which, upon conviction,
  830  constitutes a felony or a misdemeanor under the code, or under
  831  s. 817.234, is being committed.
  832         (c) The Division of Investigative and Forensic Services
  833  shall report any alleged violations of law which its
  834  investigations disclose to the appropriate licensing agency and
  835  state attorney or other prosecuting agency having jurisdiction,
  836  including, but not limited to, the statewide prosecutor for
  837  crimes that impact two or more judicial circuits in this state,
  838  with respect to any such violation, as provided in s. 624.310.
  839  If prosecution by the state attorney or other prosecuting agency
  840  having jurisdiction with respect to such violation is not begun
  841  within 60 days of the division’s report, the state attorney or
  842  other prosecuting agency having jurisdiction with respect to
  843  such violation shall inform the division of the reasons for the
  844  lack of prosecution.
  845         (10)The Division of Investigative and Forensic Services
  846  Bureau of Insurance Fraud shall prepare and submit a performance
  847  report to the President of the Senate and the Speaker of the
  848  House of Representatives by January 1 of each year. The annual
  849  report must include, but need not be limited to:
  850         (a) The total number of initial referrals received, cases
  851  opened, cases presented for prosecution, cases closed, and
  852  convictions resulting from cases presented for prosecution by
  853  the Bureau of Insurance Fraud, by type of insurance fraud and
  854  circuit.
  855         (b) The number of referrals received from insurers, the
  856  office, and the Division of Consumer Services of the department,
  857  and the outcome of those referrals.
  858         (c) The number of investigations undertaken by the Bureau
  859  of Insurance Fraud which were not the result of a referral from
  860  an insurer and the outcome of those referrals.
  861         (d) The number of investigations that resulted in a
  862  referral to a regulatory agency and the disposition of those
  863  referrals.
  864         (e) The number of cases presented by the Bureau of
  865  Insurance Fraud which local prosecutors or the statewide
  866  prosecutor declined to prosecute and the reasons provided for
  867  declining prosecution.
  868         (f)A summary of the annual report required under s.
  869  626.9896.
  870         (g)The total number of employees assigned to the Bureau of
  871  Insurance Fraud, delineated by location of staff assigned; and
  872  the number and location of employees assigned to the Bureau of
  873  Insurance Fraud who were assigned to work other types of fraud
  874  cases.
  875         (h) The average caseload and turnaround time by type of
  876  case for each investigator.
  877         (i) The training provided during the year to insurance
  878  fraud investigators.
  879         Section 14. Subsections (1), (3), and (4) of section
  880  627.0629, Florida Statutes, are amended to read:
  881         627.0629 Residential property insurance; rate filings.—
  882         (1) It is the intent of the Legislature that insurers
  883  provide savings to consumers who install or implement windstorm
  884  damage mitigation techniques, alterations, or solutions to their
  885  properties to prevent windstorm losses. A rate filing for
  886  residential property insurance must include actuarially
  887  reasonable discounts, credits, or other rate differentials, or
  888  appropriate reductions in deductibles, for properties on which
  889  fixtures or construction techniques demonstrated to reduce the
  890  amount of loss in a windstorm have been installed or
  891  implemented. The fixtures or construction techniques must
  892  include, but are not limited to, fixtures or construction
  893  techniques that enhance roof strength, roof covering
  894  performance, roof-to-wall strength, wall-to-floor-to-foundation
  895  strength, opening protection, and window, door, and skylight
  896  strength. Credits, discounts, or other rate differentials, or
  897  appropriate reductions in deductibles, for fixtures and
  898  construction techniques that meet the minimum requirements of
  899  the Florida Building Code must be included in the rate filing.
  900  The office shall determine the discounts, credits, other rate
  901  differentials, and appropriate reductions in deductibles that
  902  reflect the full actuarial value of such revaluation, which may
  903  be used by insurers in rate filings. Effective July 1, 2023,
  904  each insurer subject to the requirements of this section must
  905  provide information on the insurer’s website describing the
  906  hurricane mitigation discounts available to policyholders. Such
  907  information must be accessible on, or through a hyperlink
  908  located on, the home page of the insurer’s website or the
  909  primary page of the insurer’s website for property insurance
  910  policyholders or applicants for such coverage in this state. On
  911  or before January 1, 2025, and every 5 years thereafter, the
  912  office shall reevaluate and update the fixtures or construction
  913  techniques demonstrated to reduce the amount of loss in a
  914  windstorm and the discounts, credits, other rate differentials,
  915  and appropriate reductions in deductibles that reflect the full
  916  actuarial value of such fixtures or construction techniques. The
  917  office shall adopt rules and forms necessitated by such
  918  reevaluation.
  919         (3) A rate filing made on or after July 1, 1995, for mobile
  920  home owner insurance must include appropriate discounts,
  921  credits, or other rate differentials for mobile homes
  922  constructed to comply with American Society of Civil Engineers
  923  Standard ANSI/ASCE 7-88, adopted by the United States Department
  924  of Housing and Urban Development on July 13, 1994, and that also
  925  comply with all applicable tie-down requirements provided by
  926  state law.
  927         (4) The Legislature finds that separate consideration and
  928  notice of hurricane insurance premiums will assist consumers by
  929  providing greater assurance that hurricane premiums are lawful
  930  and by providing more complete information regarding the
  931  components of property insurance premiums. Effective January 1,
  932  1997, A rate filing for residential property insurance shall be
  933  separated into two components, rates for hurricane coverage and
  934  rates for all other coverages. A premium notice reflecting a
  935  rate implemented on the basis of such a filing shall separately
  936  indicate the premium for hurricane coverage and the premium for
  937  all other coverages.
  938         Section 15. Paragraph (ll) is added to subsection (6) of
  939  section 627.351, Florida Statutes, to read:
  940         627.351 Insurance risk apportionment plans.—
  941         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  942         (ll) The corporation may not determine that a risk is
  943  ineligible for coverage with the corporation solely because such
  944  risk has unrepaired damage caused by a covered loss that is the
  945  subject of a claim that has been filed with the Florida
  946  Insurance Guaranty Association.
  947         Section 16. Subsection (4) of section 627.410, Florida
  948  Statutes, is amended to read:
  949         627.410 Filing, approval of forms.—
  950         (4) The office may, by order, exempt from the requirements
  951  of this section for so long as it deems proper any insurance
  952  document or form or type thereof as specified in such order, to
  953  which, in its opinion, this section may not practicably be
  954  applied, or the filing and approval of which are, in its
  955  opinion, not desirable or necessary for the protection of the
  956  public. The office may not exempt from the requirements of this
  957  section the insurance documents or forms of any insurer, against
  958  whom the office enters a final order determining that such
  959  insurer violated any provision of this code, for a period of 36
  960  months after the date of such order.
  961         Section 17. Section 627.4108, Florida Statutes, is created
  962  to read:
  963         627.4108 Submission of claims-handling manuals;
  964  attestation.—
  965         (1) This section is intended to ensure that insurers are
  966  able to properly handle insurance claims, particularly during
  967  natural disasters, catastrophes, and other emergencies.
  968         (2) Each authorized insurer and eligible surplus lines
  969  insurer conducting business in this state shall submit any and
  970  all claims-handling manuals to the office:
  971         (a) On or before August 1, 2023;
  972         (b) Annually thereafter, on or before May 1 of each
  973  calendar year; and
  974         (c) Within 30 days after any updates or amendments to such
  975  manual.
  976         (3) The insurer shall include with each such submission an
  977  attestation on a form prescribed by the commission, stating
  978  that:
  979         (a) The insurer’s claims-handling manual complies with the
  980  requirements of this code and comports to usual and customary
  981  industry claims-handling practices; and
  982         (b) The insurer maintains adequate resources available to
  983  implement the requirements of its claims-handling manual at all
  984  times, including during extreme catastrophic events.
  985         (4) The office may, as often as it deems necessary, conduct
  986  market conduct examinations under s. 624.3161 of insurers to
  987  ensure compliance with this section.
  988         (5)The commission is authorized, and all conditions are
  989  deemed met, to adopt emergency rules under s. 120.54(4), for the
  990  purpose of implementing this section. Notwithstanding any other
  991  law, emergency rules adopted under this section are effective
  992  for 6 months after adoption and may be renewed during the
  993  pendency of procedures to adopt permanent rules addressing the
  994  subject of the emergency rules.
  995         Section 18. Paragraph (d) of subsection (2) of section
  996  627.4133, Florida Statutes, is amended to read:
  997         627.4133 Notice of cancellation, nonrenewal, or renewal
  998  premium.—
  999         (2) With respect to any personal lines or commercial
 1000  residential property insurance policy, including, but not
 1001  limited to, any homeowner, mobile home owner, farmowner,
 1002  condominium association, condominium unit owner, apartment
 1003  building, or other policy covering a residential structure or
 1004  its contents:
 1005         (d)1. Upon a declaration of an emergency pursuant to s.
 1006  252.36 and the filing of an order by the Commissioner of
 1007  Insurance Regulation, An authorized insurer or surplus lines
 1008  insurer may not cancel or nonrenew a personal residential or
 1009  commercial residential property insurance policy covering a
 1010  dwelling or residential property located in this state:
 1011         a.For a period of 90 days after the dwelling or
 1012  residential property has been repaired, if such property which
 1013  has been damaged as a result of a hurricane or wind loss that is
 1014  the subject of the declaration of emergency pursuant to s.
 1015  252.36 and the filing of an order by the Commissioner of
 1016  Insurance Regulation for a period of 90 days after the dwelling
 1017  or residential property has been repaired. A structure is deemed
 1018  to be repaired when substantially completed and restored to the
 1019  extent that it is insurable by another authorized insurer that
 1020  is writing policies in this state.
 1021         b.Until the dwelling or residential property has been
 1022  repaired, if such property was damaged by any covered peril and
 1023  the provisions of sub-subparagraph a. do not apply.
 1024         2. However, an insurer or agent may cancel or nonrenew such
 1025  a policy prior to the repair of the dwelling or residential
 1026  property:
 1027         a. Upon 10 days’ notice for nonpayment of premium; or
 1028         b. Upon 45 days’ notice:
 1029         (I) For a material misstatement or fraud related to the
 1030  claim;
 1031         (II) If the insurer determines that the insured has
 1032  unreasonably caused a delay in the repair of the dwelling; or
 1033         (III) If the insurer has paid policy limits.
 1034         3. If the insurer elects to nonrenew a policy covering a
 1035  property that has been damaged, the insurer shall provide at
 1036  least 90 days’ notice to the insured that the insurer intends to
 1037  nonrenew the policy 90 days after the dwelling or residential
 1038  property has been repaired. Nothing in this paragraph shall
 1039  prevent the insurer from canceling or nonrenewing the policy 90
 1040  days after the repairs are complete for the same reasons the
 1041  insurer would otherwise have canceled or nonrenewed the policy
 1042  but for the limitations of subparagraph 1. The Financial
 1043  Services Commission may adopt rules, and the Commissioner of
 1044  Insurance Regulation may issue orders, necessary to implement
 1045  this paragraph.
 1046         4. This paragraph shall also apply to personal residential
 1047  and commercial residential policies covering property that was
 1048  damaged as the result of Hurricane Ian or Hurricane Nicole
 1049  Tropical Storm Bonnie, Hurricane Charley, Hurricane Frances,
 1050  Hurricane Ivan, or Hurricane Jeanne.
 1051         5.For purposes of this paragraph:
 1052         a.A structure is deemed to be repaired when substantially
 1053  completed and restored to the extent that it is insurable by
 1054  another authorized insurer writing policies in this state.
 1055         b.“Insurer” means an authorized insurer or an eligible
 1056  surplus lines insurer.
 1057         Section 19. Subsection (3) is added to section 627.426,
 1058  Florida Statutes, to read:
 1059         627.426 Claims administration.—
 1060         (3)(a)The office shall ensure that each liability insurer,
 1061  upon receiving actual notice of an incident or a loss that could
 1062  give rise to a covered liability claim under an insurance
 1063  policy:
 1064         1.Assigns a duly licensed and appointed insurance adjuster
 1065  to investigate the extent of the insured’s probable exposure and
 1066  diligently attempts to resolve any questions concerning the
 1067  existence or extent of the insured’s coverage.
 1068         2. Based on available information, ethically evaluates
 1069  every claim fairly, honestly, and with due regard for the
 1070  interests of the insured; considers the extent of the claimant’s
 1071  recoverable damages; and considers the information in a
 1072  reasonable and prudent manner.
 1073         3.Requests from the insured or claimant additional
 1074  relevant information the insurer reasonably deems necessary to
 1075  evaluate whether to settle a claim.
 1076         4. Conducts all oral and written communications with the
 1077  insured with the utmost honesty and complete candor.
 1078         5.Makes reasonable efforts to explain to persons not
 1079  represented by counsel matters requiring expertise beyond the
 1080  level normally expected of a layperson with no training in
 1081  insurance or claims-handling issues.
 1082         6.Retains all written communications and notes and retains
 1083  a summary of all verbal communications in a reasonable manner
 1084  for a period of not less than 5 years after the later of the
 1085  entry of a judgment against the insured in excess of policy
 1086  limits becomes final or the conclusion of the extracontractual
 1087  claim, if any, including any related appeals.
 1088         7.Provides the insured, upon request, with all
 1089  communications related to the insurer’s handling of the claim
 1090  which are not privileged as to the insured.
 1091         8.Provides, at the insurer’s expense, reasonable
 1092  accommodations necessary to communicate effectively with an
 1093  insured covered under the Americans with Disabilities Act.
 1094         9. In handling third-party claims, communicates to an
 1095  insured all of the following:
 1096         a.The identity of any other person or entity the insurer
 1097  has reason to believe may be liable.
 1098         b.The insurer’s evaluation of the claim.
 1099         c.The likelihood and possible extent of an excess
 1100  judgment.
 1101         d.Steps the insured can take to avoid exposure to an
 1102  excess judgment, including the right to secure personal counsel
 1103  at the insured’s expense.
 1104         e.The insured’s duty to cooperate with the insurer,
 1105  including any specific requests required because of a settlement
 1106  opportunity or by the insurer in accordance with the policy, the
 1107  purpose of the required cooperation, and the consequences of
 1108  refusing to cooperate; and any settlement demands or offers.
 1109         10. If, after the expiration of the safe harbor periods in
 1110  s. 624.155(4) or (6), as applicable, the facts available to the
 1111  insurer indicate that the insured’s liability is likely to
 1112  exceed the policy limits, initiates settlement negotiations by
 1113  tendering its policy limits to the claimant in exchange for a
 1114  general release of the insured.
 1115         11. Gives fair consideration to a settlement offer that is
 1116  not unreasonable under the facts available to the insurer and
 1117  settle, if possible, when a reasonably prudent person, faced
 1118  with the prospect of paying the total probable exposure of the
 1119  insured, would do so. The insurer shall provide reasonable
 1120  assistance to the insured to comply with the insured’s
 1121  obligations to cooperate and act reasonably to attempt to
 1122  satisfy any conditions of a claimant’s settlement offer. If it
 1123  is not possible to settle a liability claim within the available
 1124  policy limits, the insurer shall act reasonably to attempt to
 1125  minimize the excess exposure to the insured.
 1126         12. When multiple claims arise out of a single occurrence,
 1127  the combined value of all claims exceeds the total of all
 1128  applicable policy limits, and the claimants are unwilling to
 1129  globally settle within the policy limits, thereafter attempts to
 1130  minimize the magnitude of possible excess judgments against the
 1131  insured. The insurer is entitled to great discretion to decide
 1132  how much to offer each respective claimant in its attempt to
 1133  protect the insured. The insurer may, in its effort to minimize
 1134  the excess liability of the insured, use its discretion to offer
 1135  the full available policy limits to one or more claimants to the
 1136  exclusion of other claimants and may leave the insured exposed
 1137  to some liability after all the policy limits are paid. An
 1138  insurer does not violate this section simply because it is
 1139  unable to settle all claims in a multiple claimant case.
 1140         13. When a loss creates the potential for a third-party
 1141  claim against more than one insured, attempts to settle the
 1142  claim on behalf of all insureds against whom a claim may be
 1143  presented. If it is not possible to settle on behalf of all
 1144  insureds, the insurer, in consultation with the insureds, must
 1145  attempt to enter into reasonable settlements of claims against
 1146  certain insureds to the exclusion of other insureds.
 1147         14. Responds to any request for insurance information in
 1148  compliance with s. 626.9372 or s. 627.4137, as applicable.
 1149         15. Where it appears the insured’s probable exposure is
 1150  greater than policy limits, takes reasonable measures to
 1151  preserve, for a reasonable period of time, evidence that is
 1152  needed for the defense of the liability claim.
 1153         16. Complies with s. 627.426, if applicable.
 1154         17. Complies with any provision of the Unfair Insurance
 1155  Trade Practices Act.
 1156         (b)Violations of this section constitute violations of the
 1157  Florida Insurance Code and are subject to any applicable
 1158  enforcement provisions therein.
 1159         Section 20. Paragraph (a) of subsection (10) of section
 1160  627.701, Florida Statutes, is amended to read:
 1161         627.701 Liability of insureds; coinsurance; deductibles.—
 1162         (10)(a) Notwithstanding any other provision of law, an
 1163  insurer issuing a personal lines residential property insurance
 1164  policy may include in such policy a separate roof deductible
 1165  that meets all of the following requirements:
 1166         1. The insurer has complied with the offer requirements
 1167  under subsection (7) regarding a deductible applicable to losses
 1168  from perils other than a hurricane.
 1169         2. The roof deductible may not exceed the lesser of 2
 1170  percent of the Coverage A limit of the policy or 50 percent of
 1171  the cost to replace the roof.
 1172         3. The premium that a policyholder is charged for the
 1173  policy includes an actuarially sound credit or premium discount
 1174  for the roof deductible.
 1175         4. The roof deductible applies only to a claim adjusted on
 1176  a replacement cost basis.
 1177         5. The roof deductible does not apply to any of the
 1178  following events:
 1179         a. A total loss to a primary structure in accordance with
 1180  the valued policy law under s. 627.702 which is caused by a
 1181  covered peril.
 1182         b. A roof loss resulting from a hurricane as defined in s.
 1183  627.4025(2)(c).
 1184         c. A roof loss resulting from a tree fall or other hazard
 1185  that damages the roof and punctures the roof deck.
 1186         d. A roof loss requiring the repair of less than 50 percent
 1187  of the roof.
 1188  
 1189  If a roof deductible is applied, no other deductible under the
 1190  policy may be applied to the loss or to any other loss to the
 1191  property caused by the same covered peril.
 1192         Section 21. Subsection (2) of section 627.70132, Florida
 1193  Statutes, is amended to read:
 1194         627.70132 Notice of property insurance claim.—
 1195         (2) A claim or reopened claim, but not a supplemental
 1196  claim, under an insurance policy that provides property
 1197  insurance, as defined in s. 624.604, including a property
 1198  insurance policy issued by an eligible surplus lines insurer,
 1199  for loss or damage caused by any peril is barred unless notice
 1200  of the claim was given to the insurer in accordance with the
 1201  terms of the policy within 1 year after the date of loss. A
 1202  supplemental claim is barred unless notice of the supplemental
 1203  claim was given to the insurer in accordance with the terms of
 1204  the policy within 18 months after the date of loss. The time
 1205  limitations of this subsection are tolled during any term of
 1206  federal or state active duty which materially affects the
 1207  ability of a servicemember as defined in s. 250.01 to file a
 1208  claim, supplemental claim, or reopened claim.
 1209         Section 22. Section 627.7019, Florida Statutes, is amended
 1210  to read:
 1211         627.7019 Standardization of requirements applicable to
 1212  insurers after natural disasters.—
 1213         (1) The commission shall adopt by rule, pursuant to s.
 1214  120.54(1)-(3), standardized requirements that may be applied to
 1215  insurers and surplus lines insurers as a consequence of a
 1216  hurricane or other natural disaster. The rules shall address the
 1217  following areas:
 1218         (a) Claims reporting requirements.
 1219         (b) Grace periods for payment of premiums and performance
 1220  of other duties by insureds.
 1221         (c) Temporary postponement of cancellations and
 1222  nonrenewals.
 1223         (2) The rules adopted under this section shall require the
 1224  office to issue an order within 72 hours after the occurrence of
 1225  a hurricane or other natural disaster specifying, by line of
 1226  insurance, which of the standardized requirements apply, the
 1227  geographic areas in which they apply, the time at which
 1228  applicability commences, and the time at which applicability
 1229  terminates.
 1230         (3) Any emergency rule adopted under s. 120.54(4) which is
 1231  in conflict with any provision of the rules adopted under this
 1232  section must be by unanimous vote of the commission.
 1233         Section 23. Section 627.782, Florida Statutes, is amended
 1234  to read:
 1235         627.782 Adoption of rates.—
 1236         (1) Rates for title insurance are subject to the rating
 1237  provisions of this section. Title insurers shall file with the
 1238  office under the procedures set forth in s. 627.062(2)(a)1. or
 1239  2. rates, rating schedules, rating manuals, premium credits or
 1240  discount schedules, and surcharge schedules, and changes
 1241  thereto, code, the commission must adopt a rule specifying the
 1242  premium to be charged in this state by title insurers for the
 1243  respective types of title insurance contracts and, for policies
 1244  issued through agents or agencies, the percentage of such
 1245  premium required to be retained by the title insurer which shall
 1246  not be less than 30 percent. However, in a transaction subject
 1247  to the Real Estate Settlement Procedures Act of 1974, 12 U.S.C.
 1248  ss. 2601 et seq., as amended, no portion of the premium
 1249  attributable to providing a primary title service shall be paid
 1250  to or retained by any person who does not actually perform or is
 1251  not liable for the performance of such service.
 1252         (2) In reviewing adopting premium rates, the office
 1253  commission must give due consideration to the following:
 1254         (a) The title insurers’ loss experience and prospective
 1255  loss experience under closing protection letters and policy
 1256  liabilities.
 1257         (b) A reasonable margin for underwriting profit and
 1258  contingencies, including contingent liability under s. 627.7865,
 1259  sufficient to allow title insurers, agents, and agencies to earn
 1260  a rate of return on their capital that will attract and retain
 1261  adequate capital investment in the title insurance business and
 1262  maintain an efficient title insurance delivery system.
 1263         (c) Past expenses and prospective expenses for
 1264  administration and handling of risks.
 1265         (d) Liability for defalcation.
 1266         (e) Other relevant factors.
 1267         (3) Rates may be grouped by classification or schedule and
 1268  may differ as to class of risk assumed.
 1269         (4) Rates may not be excessive, inadequate, or unfairly
 1270  discriminatory.
 1271         (5) The premium applies to each $100 of insurance issued to
 1272  an insured.
 1273         (6) The premium rates apply throughout this state.
 1274         (7) The commission shall, in accordance with the standards
 1275  provided in subsection (2), review the premium as needed, but
 1276  not less frequently than once every 3 years, and shall, based
 1277  upon the review required by this subsection, revise the premium
 1278  if the results of the review so warrant.
 1279         (8) Each title insurance agency and insurer licensed to do
 1280  business in this state and each insurer’s direct or retail
 1281  business in this state shall maintain and submit information,
 1282  including revenue, loss, and expense data, as the office
 1283  determines necessary to assist in the analysis of title
 1284  insurance premium rates, title search costs, and the condition
 1285  of the title insurance industry in this state. Such information
 1286  shall be transmitted to the office annually by May 31 of the
 1287  year after the reporting year. The commission shall adopt rules
 1288  relating to the collection and analysis of the data from the
 1289  title insurance industry.
 1290         Section 24. Chapter 2022-271, Laws of Florida, shall not be
 1291  construed to impair any right under an insurance contract in
 1292  effect on or before the effective date of that chapter law. To
 1293  the extent that chapter 2022-271, Laws of Florida, affects a
 1294  right under an insurance contract, that chapter law applies to
 1295  an insurance contract issued or renewed after the effective date
 1296  of that chapter law. This section is intended to clarify
 1297  existing law and is remedial in nature.
 1298         Section 25. (1)Every residential property insurer and
 1299  every motor vehicle insurer rate filing made or pending with the
 1300  Office of Insurance Regulation on or after July 1, 2023, must
 1301  reflect the savings or reduction in claim frequency, claim
 1302  severity, and loss adjustment expenses, including for attorney
 1303  fees, payment of attorney fees to claimants, and any other
 1304  reduction actuarially indicated, due to the combined effect of
 1305  the applicable provisions of chapters 2021-77, 2022-268, 2022
 1306  271, and 2023-15, Laws of Florida, in order to provide rate
 1307  relief to policyholders as soon as practicable.
 1308         (2)The Office of Insurance Regulation must consider in its
 1309  review of such rate filings the savings or reduction in claim
 1310  frequency, claim severity, and loss adjustment expenses,
 1311  including for attorney fees, payment of attorney fees to
 1312  claimants, and any other reduction actuarially indicated, due to
 1313  the combined effect of the applicable provisions of chapters
 1314  2021-77, 2022-268, 2022-271, and 2023-15, Laws of Florida. The
 1315  office may develop a factor or factors using generally accepted
 1316  actuarial techniques and standards to be used in its review of
 1317  rate filings governed by this section. The office may contract
 1318  with an appropriate vendor to advise the office in determining
 1319  such factor or factors.
 1320         (3)For the 2023-2024 fiscal year, the sum of $500,000 in
 1321  nonrecurring funds is appropriated from the Insurance Regulatory
 1322  Trust Fund in the Department of Financial Services to the Office
 1323  of Insurance Regulation to implement this section.
 1324         Section 26. For the 2023-2024 fiscal year, five positions
 1325  with associated salary rate of 325,000 and the sum of $494,774
 1326  in recurring funds and $23,410 in nonrecurring funds is
 1327  appropriated from the Insurance Regulatory Trust Fund to the
 1328  Department of Financial Services to implement this act.
 1329         Section 27. This act shall take effect July 1, 2023.