Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1104
       
       
       
       
       
       
                                Ì839006"Î839006                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2024           .                                
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       The Committee on Judiciary (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) is added to subsection (2) of
    6  section 626.9201, Florida Statutes, to read:
    7         626.9201 Notice of cancellation or nonrenewal.—
    8         (2) An insurer issuing a policy providing coverage for
    9  property, casualty, surety, or marine insurance must give the
   10  named insured written notice of cancellation or termination
   11  other than nonrenewal at least 45 days before the effective date
   12  of the cancellation or termination, including in the written
   13  notice the reasons for the cancellation or termination, except
   14  that:
   15         (c)An insurer may not cancel or nonrenew a personal
   16  residential or commercial residential property insurance policy
   17  covering a dwelling or residential property located in this
   18  state:
   19         1.For a period of 90 days after the dwelling or
   20  residential property has been repaired, if such property has
   21  been damaged as a result of a hurricane or wind loss that is the
   22  subject of the declaration of emergency pursuant to s. 252.36
   23  and the filing of an order by the Commissioner of Insurance
   24  Regulation. Damage under this subsection includes flood damage
   25  caused by a hurricane if flood is a covered peril under the
   26  personal residential or commercial residential property
   27  insurance policy. If flood is not a covered peril under the
   28  commercial property insurance policy and the property has been
   29  damaged as a result of flood caused by a hurricane, an insurer
   30  may not cancel or nonrenew the personal residential or
   31  commercial residential property insurance policy until the
   32  earlier of when the property has been repaired or 18 months
   33  after the date of loss.
   34         2.However, an insurer or agent may cancel or nonrenew such
   35  a policy before the repair of the dwelling or residential
   36  property:
   37         a.Upon 10 days’ notice for nonpayment of premium; or
   38         b.Upon 45 days’ notice:
   39         (I)For a material misstatement or fraud related to the
   40  claim;
   41         (II)If the insurer determines that the insured has
   42  unreasonably caused a delay in the repair of the dwelling; or
   43         (III)If the insurer has paid the policy limits for a loss
   44  to the insured dwelling under a personal residential property
   45  insurance policy, or policy limits for a loss to each insured
   46  structure that was damaged under a commercial residential
   47  property insurance policy.
   48         3.If the insurer elects to nonrenew a policy covering a
   49  property that has been damaged, the insurer must provide at
   50  least 90 days’ notice to the insured that the insurer intends to
   51  nonrenew the policy 90 days after the dwelling or residential
   52  property has been repaired. This subsection does not prevent the
   53  insurer from canceling or nonrenewing the policy 90 days after
   54  the repairs are complete for the same reasons the insurer would
   55  otherwise have canceled or nonrenewed the policy but for the
   56  limitations of this subsection. The commission may adopt rules,
   57  and the Commissioner of Insurance Regulation may issue orders,
   58  necessary to implement this subsection.
   59         4.For purposes of this subsection:
   60         a.A structure is deemed to be repaired when the following
   61  persons have inspected and certified or attested to the
   62  completion of the repairs:
   63         (I)A home inspector licensed under s. 468.8314;
   64         (II)A building code inspector certified under s. 468.607;
   65         (III)A general, building, or residential contractor
   66  licensed under s. 489.111;
   67         (IV)A professional engineer licensed under s. 471.015; or
   68         (V)A professional architect licensed under s. 481.213.
   69         b.If a policy is extended or renewed to comply with this
   70  subsection or with any other provision of the Commissioner of
   71  Insurance Regulation’s order, the policy must contain similar
   72  policy terms as the policy being extended or renewed. However,
   73  this subsection does not impact current law with regard to the
   74  rates insurers may charge for policies extended or renewed under
   75  this subsection.
   76         c.Flood damage that is not communicated to the insurer and
   77  the agent of the insurer before the expiration of the policy is
   78  presumed nonexistent and may not be construed to alter any terms
   79  of a policy, create a separate cause of action, or create any
   80  additional duty on the part of the insurer or an agent of an
   81  insurer to the insured.
   82         5.This subsection does not affect the provisions of s.
   83  95.11 or s. 627.70132.
   84         6.This paragraph is not intended to revise or modify any
   85  provision of an emergency order issued by the office before July
   86  1, 2024.
   87         Section 2. Paragraph (e) of subsection (2) of section
   88  627.4133, Florida Statutes, is amended to read:
   89         627.4133 Notice of cancellation, nonrenewal, or renewal
   90  premium.—
   91         (2) With respect to any personal lines or commercial
   92  residential property insurance policy, including, but not
   93  limited to, any homeowner, mobile home owner, farmowner,
   94  condominium association, condominium unit owner, apartment
   95  building, or other policy covering a residential structure or
   96  its contents:
   97         (e)1. An authorized insurer may not cancel or nonrenew a
   98  personal residential or commercial residential property
   99  insurance policy covering a dwelling or residential property
  100  located in this state:
  101         a. For a period of 90 days after the dwelling or
  102  residential property has been repaired, if such property has
  103  been damaged as a result of a hurricane or wind loss that is the
  104  subject of the declaration of emergency pursuant to s. 252.36
  105  and the filing of an order by the Commissioner of Insurance
  106  Regulation. Damage under this sub-subparagraph includes flood
  107  damage caused by a hurricane if flood is a covered peril under
  108  the personal residential or commercial residential property
  109  insurance policy. If flood is not a covered peril under the
  110  personal residential or commercial residential property
  111  insurance policy and the property has been damaged as a result
  112  of flood caused by a hurricane, an insurer may not cancel or
  113  nonrenew the personal residential or commercial residential
  114  property insurance policy until the earlier of when the property
  115  has been repaired or 18 months after the date of loss.
  116         b. Until the earlier of when the dwelling or residential
  117  property has been repaired or 1 year after the insurer issues
  118  the final claim payment, if such property was damaged by any
  119  covered peril and sub-subparagraph a. does not apply.
  120         2. However, an insurer or agent may cancel or nonrenew such
  121  a policy before prior to the repair of the dwelling or
  122  residential property:
  123         a. Upon 10 days’ notice for nonpayment of premium; or
  124         b. Upon 45 days’ notice:
  125         (I) For a material misstatement or fraud related to the
  126  claim;
  127         (II) If the insurer determines that the insured has
  128  unreasonably caused a delay in the repair of the dwelling; or
  129         (III) If the insurer has paid policy limits for a loss to
  130  the insured dwelling under a personal residential policy, or
  131  policy limits for a loss to each insured structure that was
  132  damaged under a commercial residential policy.
  133         3. If the insurer elects to nonrenew a policy covering a
  134  property that has been damaged, the insurer must shall provide
  135  at least 90 days’ notice to the insured that the insurer intends
  136  to nonrenew the policy 90 days after the dwelling or residential
  137  property has been repaired. Nothing in This paragraph does not
  138  shall prevent the insurer from canceling or nonrenewing the
  139  policy 90 days after the repairs are complete for the same
  140  reasons the insurer would otherwise have canceled or nonrenewed
  141  the policy but for the limitations of subparagraph 1. The
  142  Financial Services Commission may adopt rules, and the
  143  Commissioner of Insurance Regulation may issue orders, necessary
  144  to implement this paragraph.
  145         4. This paragraph is not intended to revise or modify any
  146  provision of an emergency order issued by the office before July
  147  1, 2024 This paragraph shall also apply to personal residential
  148  and commercial residential policies covering property that was
  149  damaged as the result of Hurricane Ian or Hurricane Nicole.
  150         5. For purposes of this paragraph:
  151         a. A structure is deemed to be repaired when the following
  152  persons have inspected and certified or attested to the
  153  completion of the repairs:
  154         (I)A home inspector licensed under s. 468.8314;
  155         (II)A building code inspector certified under s. 468.607;
  156         (III)A general, building, or residential contractor
  157  licensed under s. 489.111;
  158         (IV)A professional engineer licensed under s. 471.015; or
  159         (V)A professional architect licensed under s. 481.213
  160  substantially completed and restored to the extent that it is
  161  insurable by another authorized insurer writing policies in this
  162  state.
  163         b. The term “insurer” means an authorized insurer.
  164         c.If a policy is extended or renewed to comply with this
  165  paragraph or with any other provision of the Commissioner of
  166  Insurance Regulation’s order, the policy must contain similar
  167  policy terms as the policy being extended or renewed. However,
  168  this paragraph does not impact current law with regard to the
  169  rates insurers may charge for policies extended or renewed under
  170  this paragraph.
  171         d.Flood damage that is not communicated to the insurer and
  172  the agent of the insurer before the expiration of the policy is
  173  presumed nonexistent and may not be construed to alter any terms
  174  of a policy, create a separate cause of action, or create any
  175  additional duty on the part of the insurer or an agent of an
  176  insurer to the insured.
  177         6.This paragraph does not affect the provisions of s.
  178  95.11 or. s. 627.70132.
  179         Section 3. This act shall take effect July 1, 2024.
  180  
  181  ================= T I T L E  A M E N D M E N T ================
  182  And the title is amended as follows:
  183         Delete everything before the enacting clause
  184  and insert:
  185                        A bill to be entitled                      
  186         An act relating to policy cancellations and
  187         nonrenewals by property insurers; amending s.
  188         626.9201, F.S.; prohibiting insurers from canceling
  189         and nonrenewing, within certain timeframes, policies
  190         covering personal residential or commercial
  191         residential properties damaged by hurricanes or wind
  192         losses; providing exceptions; providing construction;
  193         authorizing the Financial Services Commission to adopt
  194         rules and the Commissioner of Insurance Regulation to
  195         issue orders; requiring that certain policies contain
  196         similar terms under certain circumstances; amending s.
  197         627.4133, F.S.; prohibiting insurers from canceling
  198         and nonrenewing, within certain timeframes, policies
  199         covering personal residential or commercial
  200         residential properties damaged by hurricanes or wind
  201         losses; providing that such prohibition applies to
  202         flood damages caused by hurricanes under certain
  203         circumstances; revising exceptions; providing
  204         construction; requiring that certain policies contain
  205         similar terms under certain circumstances; providing
  206         an effective date.