by Tim Meenan, Lobbyist NAIFA FLORIDA

Please call  Lee from  USAsurance Powered by WeInsure. 954-270-7966 or 833-USAssure at the office. My email is lee@myUSAssurance.com . I am Your Insurance Consultant  about Home Insurance, Auto, Flood, Private Flood, Car, Life Insurance, Mortgage protection, Financial Products, Business  & Commercial Policies, & Group Products for business owners to give Employees benefits at no cost to the employer.

This is the Property Insurance parts only

PROPERTY

1.     Condominium and Cooperative Associations – HB 1395/SB 154

By Rep. Lopez and Senator Bradley

This is a cleanup package for the Surfside bill that passed in special session last May. The House bill passed its first two of its three committees on March 23rd by a vote of 11-0. The Senate bill is ready to be heard by the whole chamber.  

SB 154 revises the milestone inspection requirements for condominium and cooperative buildings that are three or more stories in height to:

·        Limit the milestone inspection requirements to buildings that include a residential condominium or cooperative;

·        Provide that the milestone inspection requirements apply to buildings that in whole or in part are subject to the condominium or cooperative forms of ownership, such as mixed-use buildings;

·        Clarify that all owners of a mixed-use building in which portions of the building are subject to the condominium or cooperative form of ownership are responsible for ensuring compliance and must share the costs of the inspection;

·        Delete the 25-year milestone inspection requirements for buildings that are within three miles of the coastline;

·        Authorize the local enforcement agencies that are responsible with enforcing the milestone inspection requirements the option to set a 25-year inspection requirement if justified by local environmental conditions, including proximity to seawater;

·        Authorize the local enforcement agency to extend the inspection deadline for a building upon a petition showing good cause that the owner or owners of the building have entered a contract with an architect or engineer to perform the milestone inspection services and the milestone inspection cannot reasonably be completed before the deadline;

·        Provide that the inspection services may be provided by a team of design professionals with an architect or engineer acting as a registered design professional in responsible charge; and

·        Clarify that an association must distribute a copy of the summary of the inspection reports to unit owners within 30 days of its receipt.

Requires the Florida Building Commission to establish by rule a building safety program to implement the milestone inspection requirements within the Florida Building Code. The commission must specify the minimum requirements for the commission’s building safety program by December 31, 2024, including inspection criteria, testing protocols, standardized inspection and reporting forms that are adaptable to an electronic format, and record maintenance requirements for the local authority having jurisdiction.

Revises the requirement that all personal lines residential policies issued by the Citizens Property Insurance Corporation must include flood coverage to exempt condominium or cooperative units that are in certain flood-risk areas and above specified floors in a building.

Clarifies that both the condominium or cooperative unit owner and any person authorized by any owner as his or her representative may inspect the official records of the association.

The bill provides additional presale notice requirements in contracts for sales of a unit by a developer or nondeveloper. This provision is similar to current contract notices to unit owners obligated to furnish certain governing documents to the prospective buyer of a unit more than three days before closing for sales by a nondeveloper or 15 days before closing for sales by a developer. A contract that does not conform to these notice requirements is voidable at the option of the purchaser prior to closing.

2.     Collateral Protection Insurance on Real Property HB 793/SB 410

By Rep. Fernandez-Barquin and Sen. Garcia (I)

This is the first time this type of language has been introduced in Florida. The House and Senate bills have received three committees of reference. SB 410 passed the Banking and Insurance committee by 11-0. The House version passed its second of three committees by a vote of 12-0. 

The bill creates a new section of law dealing with real property collateral protection insurance, also known as “forced-placed” insurance. The bill seeks to promote the public welfare by regulating collateral protection insurance on real property, create a legal framework which collateral protection insurance on real property may be written in the state, help maintain the separation between mortgage lenders or servicers, and insurers or insurance agents, and minimize the possibilities of unfair competitive practices in the sale, placement, solicitation, and negotiation of collateral protection insurance.

The scope of the bill applies to insurers and insurance agents engaged in any transaction involving collateral protection insurance on real property and all collateral protection insurance written in connection with mortgaged real property, including manufactured and mobile homes.

3.     Insurance HB 505/SB 418

By Rep. Berfeild and Sen. Perry

This bill has turned into the Insurance Omnibus bill for the 2023 Legislative Session. As usual for every session the House and Senate versions will move through the process picking up smaller industry specific language and turning the bill into a train. On March 23, HB 505 received a favorable vote from the State Administration and Technology Appropriations Subcommittee by a vote of 14-0 and is currently waiting to be heard in the Commerce Committee, its last committee of reference. The Senate bill is still waiting to be heard in its final committee. 

The Senate bill is ahead of the House version and has the following provisions:

·        Allows a residential property insurer’s rate filing to estimate projected hurricane losses by using a weighted or straight average of two or more models approved by the Florida Commission on Hurricane Loss Projection Methodology.

·        Provides that, in lieu of themselves, the Executive Director of the Citizens Property Insurance Corporation, and the Director of the Division of Emergency Management, respectively, may appoint a designee to be a member of the Commission on Hurricane Loss Projection Methodology.

·        Authorizes an insurer to file a personal lines residential property insurance rating plan that provides premium discounts, credits, and other rate differentials based on windstorm construction standards developed by an independent, not-for-profit, scientific research organization.

·        Limits the requirement that an insurer provide a policyholder who has an automatic bank withdrawal agreement with the insurer with 15 days advance written notice of any increase in policy premiums. Instead, notice will only be required for premium increases that result in an increase in the automatic withdrawal of more than $10 from the previous withdrawal amount.

·        Revises provisions regarding the delivery of a policy to a policyholder by expanding the type of policies authorized to be delivered by electronic transmission to include individual and group health insurance policies, including dental.

·        Revises the mandated deductibles that must be offered for hurricane loss when issuing a personal lines residential property insurance policy. For policies with a dwelling limit of at least $1 million, the bill no longer requires the offer of the current mandated deductibles of 2 percent, 5 percent, and ten percent of the dwelling limit. Instead, the bill provides that an insurer may offer deductibles of up to:

  • Ten percent, for a policy covering a risk with dwelling limits of at least $1 million, but less than $3 million;
  • Fifteen percent, for a policy covering a risk with dwelling limits greater than $3 million.

·        Revises the requirement that the waiver by a policyholder of windstorm coverage or contents coverage, must be in the policy holder’s own handwriting, by also allowing the waiver to be typed.

·        Eliminates the requirement that a notice be stamped on the declarations page of limited coverage automobile policies. Such policies generally cover antique motor vehicles.

4.     Hurricane Protection for Condominium Association (Mitigation Credits)

HB 395/SB 556 By Rep. Tuck and Sen. Hooper

Both House and Senate bills have received three committee references. The Senate bill has cleared its second of three committees by a vote of 9-0. The House bill has not moved and technically may be dead for the session.

Adds in the definition section of condominium a term “hurricane protection” which covers hurricane shutters, impact glass, code-compliant windows or doors and other code-compliant hurricane protection products in order to potentially earn insurance mitigation credits. 

The bill allows for condominium associations to let members vote and by a simple majority require unit owners to install hurricane protection that complies with or exceeds the applicable building code. 

5.     Residential Property Insurance Rates (Mitigation Credits)

HB 799/SB 594 By Rep. Griffitts and Sen. Martin

The House and Senate bills have received three committee references and should move through the process minus any objections from the engineers regarding vagueness of the term. HB 799 has passed its second of three committees. SB 594 passed its second committee by a vote of 8-0. Both bills are in position to pass. 

The bill adds “wind uplift prevention” to a list of techniques that can be used to reduce property loss and potentially receive a discount, credit or other rate differentials on property insurance. The bill also fixes the flood coverage mandate for citizens’ policies for condominium owners.

6.     Flood Zone Disclosures for Dwelling Units HB 1291/SB 716

By Rep. Antone and Sen. Stewart

LIKELY DEAD

Both the House and Senate versions have received three committees of reference. Neither of these bills has been heard in committee.

Requires landlords or persons authorized to enter into rental agreements on behalf of landlords to make specified disclosures relating to flood zones before the commencement of a tenancy and reinform tenant if the flood zone changes. 

7.      Flood Damage Prevention HB 859/SB 1018 (Mitigation Credits)

By Rep. Basabe and Sen. Trumbull

LIKELY DEAD

The bill has three references in the House and Senate. The Senate bill passed its second committee by 9-0 and is now in Rules. The House bill still has not been heard in a committee. 

The bill creates the “Flood Damage Prevention Act of 2023.” The bill seeks to allow the Florida Building Commission to develop certain mitigation strategies in rule to mitigate property damage and encourage continued investment in Florida. 

8.     Resolution of Disputed Property Insurance Claims HB 1141/SB 1174

By Rep. Gottlieb and Sen. Polsky

LIKELY DEAD

The bills received three references each in the House and Senate. The bills have not been heard and with the current climate in both House and Senate, I would expect this bill not to pass.

The bill creates mandatory mediation for resolution of disputed property insurance claims. If agreed to by both parties, it allows for mediation to be conducted via telephone. Once mediation is invoked, the policyholder must, within 10 days, provide to the insurer any and all supporting documents and information that serve as the basis for the claim. 

9.     Natural Emergencies and Claims Handling Manual SB250

by Sen. Martin

A bill dealing with emergency response after natural disasters also included a provision requiring filing of claims handling manuals with OIR. There is no House companion measure at this time. The bill passed both of its committees and is set for the Senate floor calendar on April 3 with an amendment pending to strike the claims manual section. 

AUTO

1.     Motor Vehicle Liability Policies – HB 57/SB 516 for Risk Retention Groups

Rep. Truenow and Sen. DiCeglie

The House version only received two committee stops and cleared House Insurance and Banking 15-0 and goes next to the Commerce committee. The Senate version was referred to three committees. The Senate bill has two more committees to pass through, however the bill is receiving some opposition from national RRGs.

The bill permits the owner or operator of a motor vehicle to provide proof of financial responsibility by obtaining an insurance policy from a risk retention group that: 1) has an “A” or higher rating for financial strength, and “VIII” or higher for financial size by the A.M. Best Company, and 2) only provides commercial coverage to its members and shareholders. The bill would permit an RRG to directly provide commercial auto insurance at a lower price to its Florida members.

2.     Motor Vehicle Insurance and Driver Licenses for Foster Youth SB 168

By Sen. Garcia (I)

The Senate version is moving quickly through the process and only has two committees to go. A House bill has not been filed. The only hold-up may be the fiscal impact associated with the expansion of the program. 

Expands the “Keys to Independence” program by removing language in statute that restricts one of the eligibility paths to receive Keys support. Currently, youth and young adults who achieve eligibility for the Keys program via enrollment in postsecondary educational services and supports (PESS) must also have been in licensed care when he or she reached 18 years of age. The bill expands eligibility for the Keys program by removing the requirement for young adults who are eligible by enrollment in PESS to also have been in licensed care when turning 18 years of age.

The Keys program is a state-funded normalcy support program designed to remove barriers to obtaining a driver license for foster and former foster youth. The program removes barriers to obtaining a driver license by young adults by paying, subject to available funding, the cost of driver education, licensure, other costs incidental to licensure, and motor vehicle insurance for certain populations. The change will allow approximately an additional 450 young adults to be eligible to participate in the Keys program.

3.     Electronic Motor Vehicle Registration Certificates SB 370

By Sen. Brodeur

The Senate version has moved through the second of three committee stops. A House version has yet to be filed. 

Authorizes acceptance of an electronic certificate of motor vehicle registration as documentation required to be in the possession of a motor vehicle’s operator or carried in the vehicle while the vehicle is being operated on the roads of this state. The bill provides that displaying an electronic registration certificate does not constitute consent for an officer or agent to access any other information on the electronic device, and the person who presents the device assumes liability for any resulting damage to the device.

4.     Motor Vehicle Insurance HB 429/SB 586

By Rep. Alvarez and Sen. Grall

LIKELY DEAD

This is the PIP repeal bill for the 2023 Legislative Session. It has been filed by members of the legislature who are plaintiffs’ attorneys. The bill repeals Florida’s Motor Vehicle No-Fault Law and replaces it with a bodily injury liability system. In talks with leadership in the House, they have told us that PIP repeal is off the table or this session. 

5.     Commercial Vehicle Insurance SB 434

By Sen. Wright

LIKELY DEAD

The Senate bill has received three committees of reference and no House bill has been filed. We don’t expect this bill to be heard.

The bill increases the liability coverage from $350,000 per occurrence to $700,000 per occurrence for commercial motor vehicles with a gross weight over 44,000 pounds. 

6.     Towing Vehicles SB 438

By Sen. Rodriguez

LIKELY DEAD

The Senate bill has received three references and a House bill has yet to be filed. The bill has not been heard.

This bill seeks to make tow operators whole when towing vehicles from a scene to an investigating agency’s storage facility by mandating that the agency collects the towing and storage cost from the owner of the vehicle before the agency releases the vehicle and if they fail to do so the agency must pay that amount to the tow operator within 5 days. 

7.     Post-lost Benefit Assignments for Glass Under Motor Vehicle Insurance Policies HB 541/SB1002 By Rep. Griffitts and Sen. Stewart

This tort bill has received three committee references in the House. HB 541 has cleared two of its three committee stops. Its Senate companion must clear Senate Rules before it heads to the floor. 

This bill eliminates auto “assignment agreements” for auto glass on any policy issued after July 1, 2023. This is another anti-trial bar bill designed to stop excessive litigation on auto insurance policies. 

GENERAL INSURANCE

1.     Department of Financial Services HB 487/SB 1158

By Rep. Salzman and Sen. DiCeglie

The House version of this bill passed its first of three committees on March 21. The Senate version passed its first of three committees Banking and Insurance on March 22. The House staff director removed several sections of the bill claiming they were not germane to the title of the bill. We expect this bill to be heard in the House and Senate the week of April 10th.

This is an omnibus department package and includes the following:

·        Workers compensation – changes jurisdiction of the three-member panel and reimbursement schedule;

·        Guaranty funds: Makes changes to the board composition of FSIGA, FIGA, FLAHIGA and Medical Malpractice JUA. Contains conflict of interest voting rules. Allows CFO to remove a director for malfeasance.  The provision requiring term limits for board members was stricken from the bill in the last committee stop for all of the guaranty fund sections of the bill. The FIGA section requires that a majority of the board appointments be from domestic carriers.

·        Changes fingerprint requirements for agent licensing exam centers;

·        Exempts title, life insurance and annuity contracts from agency closure notification provisions.

·        Agent examination is not required for Professional in Claims (PIC) from 2021 Training, LLC;

·        Specifies elective continuing education courses for public adjusters may must be any course related to commercial and residential property coverages, claim adjusting practices, and any other adjuster elective courses;

·        Strikes prohibitions on agents holding limited lines licenses for credit insurance for sales of motor vehicle physical damage and physical breakdown insurance, and combinations of other lines as well;

·        Contains various public adjuster licensing updates;

·        Revokes health insurance Navigator licenses where they fail to maintain a valid federal navigator registration;

·        For property, casualty, except mortgage guaranty, surety, or marine insurance, other than motor vehicle insurance subject to s. 627.728 or s. 627.7281, reduces the period from 90 days to 60 days when such cancellation or termination occurs during the first 60 days during which the insurance is in force and the insurance is canceled or terminated for reasons other than nonpayment of premium, then at least 20 days’ written notice of cancellation or termination must be given accompanied by the reason why;

·        Corrects a glitch for HB701 (2021 session) for Behavioral Health notification and disclosure requirements; (removed from the House version; remains in Senate version. We are working to correct this.)

·        Prohibits a liability insurer is prohibited from denying coverage for property and bodily injury liability claims made against an insured for up to the property and bodily injury liability limits set in s. 324.021(9) solely based on the insured’s failure to cooperate with the insurer’s investigation — unless the insurer can clearly demonstrate by a preponderance of the evidence that the insured’s lack of cooperation has resulted in actual prejudice to the insurer;

·        Alternative Dispute Resolution: Would require an insurer is to make a claim determination or elect to repair pursuant to s. 627.70131 before participating in mediation.

·        Imposes new restrictions against Collateral Protection insurance on a mortgaged property;

·        Mediation of Claims: Increases the jurisdictional amount from $10,000 per claim to $50,000 per claim for personal injury or property damage claims related to a motor vehicle; insurers must bear all costs of the mediation, which must be reasonable; allows DFS to adopt rules for the program;

·        FIGA: allows sharing of the insolvent insurers records with the prospective solvent assuming insurer for purposes of due diligence and allows transfer of the insolvent insurers book of business and policies; allows adjustment of cancellation date of policies by the receiver;

·        Establishes a Direct Support Organization for the State Fire Marshal;

·        Service Warranties: allows DFS to issue salesperson license for motor vehicle service agreement companies and insurers to nonresident applicant where there is reciprocity with the applicant’s home state; licensees charged with a felony may be immediately suspended; licenses must report actions against their license within 30 days of final administrative action;

·        Bail bonds: revises agency licensing requirements.

2.     Firearm Liability Insurance SB 1024

By Sen. Stewart

DEAD

It’s very unlikely that this bill will ever be heard in a committee. It received three committees of reference in the Senate and does not have a House sponsor. 

The bill defines the terms “purchaser” and “qualified liability insurance policy.” A qualified liability insurance policy must provide such coverage in the amounts of at least $25,000 in medical benefits for injuries incurred as a result of the discharge of the firearm and $10,000 in liability coverage for property damage resulting from the discharge of the firearm. Set guidelines for selling and transferring firearms and requires the Department of Law Enforcement to adopt a form by rule. 

There is no House companion measure.

TORT REFORM

1.     Asbestos and Silica Claims HB 755/SB 1260

By Rep. Fabricio and Sen. Trumbull

The House bill received two committees of reference and the Senate version received three committees of reference. The Senate bill has been placed onto its first committee’s agenda, and is scheduled to be reviewed April 4th.

This bill seeks to codify current Florida case law on Bare Metal Defense and secondly seeks to crack down on over-naming of defendants by requiring the plaintiff’s attorney within 30 after filing an asbestos or silica claim to provide a simple nexus of why the defendant was named. If the plaintiff’s attorney does not provide the documentation, the claim upon motion to the court shall be dismissed without prejudice. 

2.     Civil Remedies HB 837/SB 236

By Rep. Fabricio and Gregory and Sen. Hutson

Signed by the Governor 

This is the main tort bill for the 2023 legislative session. It was signed by the Governor on March 24, 2023.

The bill makes the following changes to Florida’s civil justice system:

·        Changes Florida’s comparative negligence system from a “pure” comparative negligence system to a “modified” comparative negligence system, so that a plaintiff who is more at fault for his or her own injuries than the defendant may not recover damages from the defendant.

·        Provides uniform standards to assist juries in calculating the accurate value of medical damages in personal injury or wrongful death actions.

·        Modifies Florida’s “bad faith” framework to:

  • Allow an insurer to avoid third-party bad faith liability if the insurer tenders the lesser of the policy limits or the amount demanded by the claimant before a complaint is filed, or within 120 days after service of the complaint.
  • Clarify that negligence alone is not enough to demonstrate bad faith.
  • Require a claimant to act in good faith with respect to furnishing information, making demands, setting deadlines, and attempting to settle the insurance claim.
  • Allow an insurer, when there are multiple claimants in a single action, to limit the insurer’s bad faith liability by paying the total amount of the policy limits at the outset.

·        Provides that a contingency fee multiplier for an attorney fee award is appropriate only in a rare and exceptional circumstance, adopting the federal standard.

·        Repeals Florida’s one-way attorney fee provisions for insurance cases.

·        Requires the trier of fact in certain negligent security actions to consider the fault of all persons who contributed to the injury.

·        Reduces the statute of limitations for general negligence cases from 4 years to 2 years.

3.     Advertising for Legal Services HB 1205/SB 1246

By Rep. Andrade and Sen. Yarborough

This is another tort priority being pushed by the Florida Justice Reform Institute. It has received three committee references in each chamber. The House version has not been heard in any committee and has probably died. The Senate version passed its first committee, and has been placed onto its second committee’s agenda, Commerce and Tourism Committee where it will be reviewed on April 4th.

Requires advertisements for legal services relating to injuries from medications or medical devices to include specified statements and information:

·        This is a paid advertisement for legal services.

·        Consult your physician before making decisions regarding prescribed medication or medical treatment.

Prohibits protected health information from being sold, transferred, disclosed, used, or obtained for certain purposes without certain written authorization.

Provides that certain violations are deceptive and unfair trade practices and violators are subject to the penalties and enforcement under Ch. 501.

4.     Causes of Action Based on Improvements to Real Property (Construction Defect)

HB 85 by Rep. Snyder and SB 360 Sen. Hutson

PASSED (Enrolled) but not yet signed by Governor

HB 85/SB 360 amends s. 95.11, F.S., to modify the time periods within which a construction defect cause of action must be brought.

Specifically, the bill:

· Changes the point from which the four-year statute of limitations begins to run for patent defects to the date of the earliest of the:

*Issuance of a temporary certificate of occupancy;

  • Issuance of a certificate of occupancy;
  • Issuance of a certificate of completion; or
  • Construction’s abandonment, if not completed.

· Decreases the statute of repose from ten years to seven years, running from the date of the earliest of the:

  • Issuance of a temporary certificate of occupancy;

*Issuance of a certificate of occupancy;

  • Issuance of a certificate of completion; or
  • Construction’s abandonment, if not completed.

The bill also:

· Specifies that each dwelling unit within a “multi-dwelling building” must be considered its own improvement for purposes of determining the limitations period, consistent with the reasoning of the Fifth DCA in the Sabal Chase case, described above.

· Provides that these amendments apply to any construction defect cause of action commenced on or after the bill’s effective date, regardless of when the cause of action accrued, except that any such action that would not have been time-barred before these amendments must be commenced on or before July 1, 2024.

Finally, the bill amends s. 553.84, F.S., to limit the cause of action for a Building Code violation to a cause of action for a “material” Building Code violation, defined by the bill as a Building Code violation “that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.” This limitation would apply even where the person responsible for a “non-material” Building Code violation knew or should have known that the violation existed and failed to repair it.

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