Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 799
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .            Floor: C            
             05/01/2023 04:14 PM       .      05/03/2023 04:21 PM       

       Senator Martin moved the following:
    1         Senate Substitute for Amendment (762726) (with title
    2  amendment)
    4         Delete lines 174 - 234
    5  and insert:
    6         a. January 1, 2024, for a structure that has a dwelling
    7  replacement cost of property valued at $600,000 or more.
    8         b. January 1, 2025, for a structure that has a dwelling
    9  replacement cost of property valued at $500,000 or more.
   10         c. January 1, 2026, for a structure that has a dwelling
   11  replacement cost of property valued at $400,000 or more.
   12         d. January 1, 2027, for all other personal lines
   13  residential property insured by the corporation.
   14         2. All personal lines residential policyholders whose
   15  property insured by the corporation is located within the
   16  special flood hazard area defined by the Federal Emergency
   17  Management Agency must have flood coverage in place:
   18         a. At the time of initial policy issuance for all new
   19  personal lines residential policies issued by the corporation on
   20  or after April 1, 2023.
   21         b. By the time of the policy renewal for all personal lines
   22  residential policies renewing on or after July 1, 2023.
   23         3. Policyholders whose policies issued by the corporation
   24  do not provide coverage for the peril of wind are not required
   25  to purchase flood insurance as a condition for maintaining the
   26  following their policies issued by with the corporation:
   27         a.Policies that do not provide coverage for the peril of
   28  wind.
   29         b.Policies that provide coverage under a condominium unit
   30  owners form.
   32  The flood insurance required under this paragraph must meet, at
   33  a minimum, the coverage available from the National Flood
   34  Insurance Program or the requirements of subparagraphs s.
   35  627.715(1)(a)1., 2., and 3.
   36         (ll)In addition to any other method of alternative dispute
   37  resolution authorized by state law, the corporation may adopt
   38  policy forms that provide for the resolution of disputes
   39  regarding its claim determinations, including disputes regarding
   40  coverage for, or the scope and value of, a claim, in a
   41  proceeding before the Division of Administrative Hearings. Any
   42  such policies are not subject to s. 627.70154. All proceedings
   43  in the Division of Administrative Hearings pursuant to such
   44  policies are subject to ss. 57.105 and 768.79 as if filed in the
   45  courts of this state and are not considered chapter 120
   46  administrative proceedings. Rule 1.442, Florida Rules of Civil
   47  Procedure, applies to any offer served pursuant to s. 768.79,
   48  except that, notwithstanding any provision in Rule 1.442,
   49  Florida Rules of Civil Procedure, to the contrary, an offer
   50  shall not be served earlier than 10 days after filing the
   51  request for hearing with the Division of Administrative Hearings
   52  and shall not be served later than 10 days before the date set
   53  for the final hearing. The administrative law judge in such
   54  proceedings shall award attorney fees and other relief pursuant
   55  to ss. 57.105 and 768.79. The corporation may not seek, and the
   56  office may not approve, a maximum hourly rate for attorney fees.
   57         Section 4. Effective October 1, 2023, section 627.7155,
   58  Florida Statutes, is created to read:
   59         627.7155Wind and flood coverage in residential and
   60  commercial property insurance policies.—For residential and
   61  commercial property insurance policies issued or renewed on or
   62  after October 1, 2023:
   63         (1)If a residential or commercial property insurer
   64  requires that an insured or applicant have coverage for the
   65  peril of flood when the insurer issues a policy covering the
   66  peril of wind, unless the insurer verifies that the insured or
   67  applicant has coverage for the peril of flood at the time the
   68  policy was issued or renewed, the insurer may not deny a claim
   69  for wind solely because the insured does not have coverage for
   70  the peril of flood, unless flood coverage that was verified at
   71  the time of application or renewal, or equivalent coverage, is
   72  not in force at the time of the loss.
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete lines 19 - 25
   77  and insert:
   78         binding arbitration provisions; specifying applicable
   79         requirements, procedures, and restrictions relating to
   80         such proceedings; creating s. 627.7155, F.S.;
   81         prohibiting a property insurer that requires flood
   82         coverage as a condition for wind coverage from denying
   83         certain claims except under certain circumstances;