Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 799
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RS/2R         .                                
             05/01/2023 04:14 PM       .                                

       Senator Martin moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 194 - 213
    4  and insert:
    5         3. Policyholders whose policies issued by the corporation
    6  do not provide coverage for the peril of wind are not required
    7  to purchase flood insurance as a condition for maintaining the
    8  following their policies issued by with the corporation:
    9         a.Policies that do not provide coverage for the peril of
   10  wind.
   11         b.Policies that provide coverage under a condominium unit
   12  owners form.
   14  The flood insurance required under this paragraph must meet, at
   15  a minimum, the coverage available from the National Flood
   16  Insurance Program or the requirements of subparagraphs s.
   17  627.715(1)(a)1., 2., and 3.
   18         (ll)In addition to any other method of alternative dispute
   19  resolution authorized by state law, the corporation may adopt
   20  policy forms that provide for the resolution of disputes
   21  regarding its claim determinations, including disputes regarding
   22  coverage for, or the scope and value of, a claim, in a
   23  proceeding before the Division of Administrative Hearings. Any
   24  such policies are not subject to s. 627.70154. All proceedings
   25  in the Division of Administrative Hearings pursuant to such
   26  policies are subject to ss. 57.105 and 768.79 as if filed in the
   27  courts of this state and are not considered chapter 120
   28  administrative proceedings. Rule 1.442, Florida Rules of Civil
   29  Procedure, applies to any offer served pursuant to s. 768.79,
   30  except that, notwithstanding any provision in Rule 1.442,
   31  Florida Rules of Civil Procedure, to the contrary, an offer
   32  shall not be served earlier than 10 days after filing the
   33  request for hearing with the Division of Administrative Hearings
   34  and shall not be served later than 10 days before the date set
   35  for the final hearing. The administrative law judge in such
   36  proceedings shall award attorney fees and other relief pursuant
   37  to ss. 57.105 and 768.79. The corporation may not seek, and the
   38  office may not approve, a maximum hourly rate for attorney fees.
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete lines 19 - 20
   43  and insert:
   44         binding arbitration provisions; specifying applicable
   45         requirements, procedures, and restrictions relating to
   46         such