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PCS for HB 359 (2020): An act relating to insurance

Summary

PCS for HB 359 (2020), a bill to be entitled an act relating to insurance, from the Insurance Banking Subcommittee. The title lists amendments to s. 319.30, F.S., on electronic signatures submitted through insurance companies, to s. 624.155, F.S., on delivery of violation notices to insurers and tolling of the statute of limitations for civil remedy actions, and to s. 627.70132, F.S., on notice of property insurance claims. It also lists s. 627.714, F.S., specifying the maximum amount of loss assessment coverage for certain unit owners. Section 11 states that the act takes effect upon becoming a law.

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“PCS for HB 359 (2020): An act relating to insurance.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-3013-insurance-banking-subcommittee-proposed-committee-bills-pcbs-dc6e0faa55/, SHA-256 ce4d989cb79e659c066ea8adc5f41c58ce560742f92a9a50549292fad25aaa2e.

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           PCS for HB 359                                                                                        2020




    1                                         A bill to be entitled
    2              An act relating to insurance; amending s. 319.30,
    3              F.S.; revising the requirements for certain electronic
    4              signatures submitted through insurance companies;
    5              amending s. 624.155, F.S.; providing requirements for
    6              the delivery of certain violation notices to insurers;
    7              revising the circumstances under which an action may
    8              not lie; revising the timeframe during which the
    9              statute of limitations for certain actions for civil
10                 remedy is tolled; amending ss. 624.307 and 624.315,
11                 F.S.; authorizing the releases of specified
12                 information obtained by the Department of Financial
13                 Services and the office; providing an exception;
14                 amending s. 627.062, F.S.; requiring an extension of
15                 the office's review period of insurance rate standards
16                 under certain circumstances; deleting obsolete
17                 language; prohibiting the office from disapproving a
18                 rate for homeowners’ insurance under certain
19                 circumstances; amending ss. 627.0651 and 627.410,
20                 F.S.; requiring an extension of the office's review
21                 period of insurance rate standards under certain
22                 circumstances; amending s. 627.70132, F.S.; revising
23                 the types of claims, supplemental claims, or reopened
24                 claims under a property insurance policy that are
25                 barred unless notice is given to the insurer within a

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        PCS for HB 359                                                                                        2020




26              specified timeframe; revising the timeframe of such
27              claims; revising the definition of the terms
28              "supplemental claim" and "reopened claim"; amending s.
29              627.7015, F.S.; revising the timeframe for insurers'
30              notification of certain mediation program; conforming
31              provisions to changes made by the act; amending s.
32              627.714, F.S.; specifying the maximum amount of loss
33              assessment coverage for certain unit owners; providing
34              an effective date.
35
36      Be It Enacted by the Legislature of the State of Florida:
37
38              Section 1.         Paragraph (d) of subsection (3) of section
39      319.30, Florida Statutes, is amended to read:
40              319.30       Definitions; dismantling, destruction, change of
41      identity of motor vehicle or mobile home; salvage.—
42              (3)
43              (d)      An electronic signature that is consistent with
44      chapter 668 satisfies any signature required under this
45      subsection, except that an electronic signature on an odometer
46      disclosure submitted through an insurance company must be
47      executed using an electronic signature, as defined in s.
48      668.003(4), that uses a system providing an Identity Assurance
49      Level, Authenticator Assurance Level, and Federation Assurance
50      Level, as described in the National Institute of Standards and

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        PCS for HB 359                                                                                        2020




51      Technology Special Publication 800-63-3, as of December 1, 2017,
52      that are equivalent to or greater than:
53              1.       Level 2, for each level, for a certificate of
54      destruction or.
55              2.       Level 2 3, for each level, for a salvage certificate of
56      title.
57              Section 2.         Subsection (3) of section 624.155, Florida
58      Statutes, is amended to read:
59              624.155       Civil remedy.—
60              (3)(a)       As a condition precedent to bringing an action
61      under this section, the department and the authorized insurer
62      must have been given 60 days' written notice of the violation.
63      Notice to the authorized insurer must be delivered to the name
64      and address designated by the insurer under s. 624.422(2).
65              (b)       The notice shall be on a form provided by the
66      department and shall state with specificity the following
67      information, and such other information as the department may
68      require:
69              1.       The statutory provision, including the specific
70      language of the statute, which the authorized insurer allegedly
71      violated.
72              2.       The facts and circumstances giving rise to the
73      violation.
74              3.       The name of any individual involved in the violation.
75              4.       Reference to specific policy language that is relevant

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         PCS for HB 359                                                                                        2020




76       to the violation, if any. If the person bringing the civil
77       action is a third party claimant, she or he shall not be
78       required to reference the specific policy language if the
79       authorized insurer has not provided a copy of the policy to the
80       third party claimant pursuant to written request.
81               5.       A statement that the notice is given in order to
82       perfect the right to pursue the civil remedy authorized by this
83       section.
84               (c)       No action shall lie if, within 60 days after the
85       authorized insurer receives the filing notice pursuant to
86       paragraph (a), the damages are paid or the circumstances giving
87       rise to the violation are corrected.
88               (d)       The authorized insurer that is the recipient of a
89       notice filed pursuant to this section shall report to the
90       department on the disposition of the alleged violation.
91               (e)       The applicable statute of limitations for an action
92       under this section shall be tolled for a period of:
93               1.       Sixty days after the date on which appraisal is invoked
94       by any party in a residential property insurance claim; and
95               2.       Sixty-five 65 days after the date on which by the
96       mailing of the notice required under by this subsection or the
97       mailing of a subsequent notice required under by this subsection
98       is mailed.
99               (f)       A notice required under this subsection may not be
100      filed within 60 days after appraisal is invoked by any party in

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         PCS for HB 359                                                                                        2020




101      a residential property insurance claim.
102              Section 3.         Subsection (4) of section 624.307, Florida
103      Statutes, is amended to read:
104              624.307       General powers; duties.—
105              (4)      The department and office may each collect, propose,
106      publish, and disseminate information relating to the subject
107      matter of any duties imposed upon it by law. Aggregate
108      information published or disseminated by the department or
109      office pursuant to the powers under this subsection may include
110      information covered by a notice of trade secret under subsection
111      624.4213(1), unless the information can be individually
112      extrapolated, in which case the information may not be published
113      or disseminated by the department or the office.
114              Section 4.         Subsection (4) is added to section 624.315,
115      Florida Statutes, to read:
116              624.315       Department; annual report.—
117              (4)      The office may include information covered by a notice
118      of trade secret under subsection 624.4213(1) in the report under
119      subsection (1) or make the information available under
120      subsection (2), unless the information can be individually
121      extrapolated, in which case the information may not be published
122      or disseminated by the department or the office.
123              Section 5.         Paragraphs (a) and (j) of subsection (2) of
124      section 627.062, Florida Statutes, are amended to read:
125              627.062       Rate standards.—

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         PCS for HB 359                                                                                        2020




126              (2)       As to all such classes of insurance:
127              (a)       Insurers or rating organizations shall establish and
128      use rates, rating schedules, or rating manuals that allow the
129      insurer a reasonable rate of return on the classes of insurance
130      written in this state. A copy of rates, rating schedules, rating
131      manuals, premium credits or discount schedules, and surcharge
132      schedules, and changes thereto, must be filed with the office
133      under one of the following procedures:
134              1.       If the filing is made at least 90 days before the
135      proposed effective date and is not implemented during the
136      office's review of the filing and any proceeding and judicial
137      review, such filing is considered a "file and use" filing. In
138      such case, the office shall finalize its review by issuance of a
139      notice of intent to approve or a notice of intent to disapprove
140      within 90 days after receipt of the filing. The notice of intent
141      to approve and the notice of intent to disapprove constitute
142      agency action for purposes of the Administrative Procedure Act.
143      Requests for supporting information, requests for mathematical
144      or mechanical corrections, or notification to the insurer by the
145      office of its preliminary findings does not toll the 90-day
146      period during any such proceedings and subsequent judicial
147      review. The rate shall be deemed approved if the office does not
148      issue a notice of intent to approve or a notice of intent to
149      disapprove within 90 days after receipt of the filing.
150              2.       If the filing is not made in accordance with

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         PCS for HB 359                                                                                        2020




151      subparagraph 1., such filing must be made as soon as
152      practicable, but within 30 days after the effective date, and is
153      considered a "use and file" filing. An insurer making a "use and
154      file" filing is potentially subject to an order by the office to
155      return to policyholders those portions of rates found to be
156      excessive, as provided in paragraph (h).
157              3.       If the last day of the 90-day timeframe for the
158      issuance of a notice of intent under subparagraph 1. ends on a
159      weekend or a holiday specified in s. 110.117, the closure of the
160      office's review period shall be extended until the conclusion of
161      the next business day.
162              3.       For all property insurance filings made or submitted
163      after January 25, 2007, but before May 1, 2012, an insurer
164      seeking a rate that is greater than the rate most recently
165      approved by the office shall make a "file and use" filing. For
166      purposes of this subparagraph, motor vehicle collision and
167      comprehensive coverages are not considered property coverages.
168              (j)       With respect to residential property insurance rate
169      filings:,
170              1.       The rate filing must account for mitigation measures
171      undertaken by policyholders to reduce hurricane losses.
172              2. The office may not disapprove a rate for homeowners’
173      insurance solely because the rate filing uses a modeling
174      indication that is the weighted or straight average of two or
175      more models currently found to be accurate or reliable pursuant

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         PCS for HB 359                                                                                        2020




176      to s. 627.0628.
177
178      The provisions of this subsection do not apply to workers'
179      compensation, employer's liability insurance, and motor vehicle
180      insurance.
181              Section 6.          Paragraph (a) of subsection (1) of section
182      627.0651, Florida Statutes, is amended to read:
183              627.0651          Making and use of rates for motor vehicle
184      insurance.—
185              (1)      Insurers shall establish and use rates, rating
186      schedules, or rating manuals to allow the insurer a reasonable
187      rate of return on motor vehicle insurance written in this state.
188      A copy of rates, rating schedules, and rating manuals, and
189      changes therein, shall be filed with the office under one of the
190      following procedures:
191              (a)1.        If the filing is made at least 60 days before the
192      proposed effective date and the filing is not implemented during
193      the office's review of the filing and any proceeding and
194      judicial review, such filing shall be considered a "file and
195      use" filing. In such case, the office shall initiate proceedings
196      to disapprove the rate and so notify the insurer or shall
197      finalize its review within 60 days after receipt of the filing.
198      Notification to the insurer by the office of its preliminary
199      findings shall toll the 60-day period during any such
200      proceedings and subsequent judicial review. The rate shall be

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         PCS for HB 359                                                                                        2020




201      deemed approved if the office does not issue notice to the
202      insurer of its preliminary findings within 60 days after the
203      filing.
204              2.       If the last day of the 60-day timeframe for the
205      office's notification or review finalization under subparagraph
206      1. ends on a weekend or a holiday specified in s. 110.117, the
207      closure of the office's review period shall be extended until
208      the conclusion of the next business day.
209              Section 7.         Subsection (2) of section 627.410, Florida
210      Statutes, is amended to read:
211              627.410       Filing, approval of forms.—
212              (2)(a)       Every such filing must be made at least 30 days in
213      advance of any such use or delivery. At the expiration of the 30
214      days, the form filed will be deemed approved unless prior
215      thereto it has been affirmatively approved or disapproved by
216      order of the office. The approval of such form by the office
217      constitutes a waiver of any unexpired portion of such waiting
218      period. The office may extend the period within which it may
219      affirmatively approve or disapprove such form by up to 15 days
220      by giving notice of such extension before expiration of the
221      initial 30-day period. At the expiration of such extended
222      period, and in the absence of prior affirmative approval or
223      disapproval, such form shall be deemed approved.
224              (b)      If the last day of the initial 30-day period, or the
225      last day of the 15-day extension authorized by the office, under

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         PCS for HB 359                                                                                        2020




226      paragraph (a) ends on a weekend or a holiday specified in s.
227      110.117, the closure of the review period shall be extended
228      until the conclusion of the next business day.
229              Section 8.          Section 627.70132, Florida Statutes, is amended
230      to read:
231              627.70132          Notice of property insurance windstorm or
232      hurricane claim.—Except for a sinkhole loss as defined in
233      627.706(2), a claim, supplemental claim, or reopened claim under
234      an insurance policy that provides property insurance, as defined
235      in s. 624.604, for loss or damage caused by the peril of
236      windstorm or hurricane is barred unless notice of the claim,
237      supplemental claim, or reopened claim is was given to the
238      insurer in accordance with the terms of the policy within 3
239      years after the date of loss the hurricane first made landfall
240      or the windstorm caused the covered damage. For purposes of this
241      section, the term "supplemental claim" or "reopened claim" means
242      any additional claim for recovery from the insurer for losses
243      from the same hurricane or windstorm which the insurer has
244      previously adjusted pursuant to the initial claim. This section
245      does not affect any applicable limitation on civil actions
246      provided in s. 95.11 for claims, supplemental claims, or
247      reopened claims timely filed under this section.
248              Section 9.          Subsection (2) and paragraph (e) of subsection
249      (9) of section 627.7015, Florida Statutes, are amended to read:
250              627.7015          Alternative procedure for resolution of disputed

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         PCS for HB 359                                                                                        2020




251      property insurance claims.—
252              (2)      At the time of issuance and renewal of a policy or at
253      the time a first-party claim within the scope of this section is
254      filed by the policyholder, The insurer shall notify the
255      policyholder of its right to participate in the mediation
256      program under this section and shall choose any of the following
257      times to provide the notification:
258              (a)       Upon the issuance and renewal of a policy; or
259              (b)       At the time the policyholder:
260              1.       Disputes a claim; or
261              2.       Files a first-party claim within the scope of this
262      section.
263
264      The department shall prepare a consumer information pamphlet for
265      distribution to persons participating in mediation.
266              (9)       For purposes of this section, the term "claim" refers
267      to any dispute between an insurer and a policyholder relating to
268      a material issue of fact other than a dispute:
269              (e)       With respect to a property windstorm or hurricane loss
270      that does not comply with s. 627.70132.
271              Section 10.           Subsection (2) of section 627.714, Florida
272      Statutes, is amended to read:
273              627.714       Residential condominium unit owner coverage; loss
274      assessment coverage required.—
275              (2)       The maximum amount of any unit owner's loss assessment

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         PCS for HB 359                                                                                        2020




276      coverage that can be assessed for any loss shall be an amount
277      equal to that unit owner's loss assessment coverage limit in
278      effect 1 day before the date of the occurrence that gave rise to
279      the loss. Such coverage applies to any loss assessment
280      regardless of the date of the assessment by the association. Any
281      changes to the limits of a unit owner's coverage for loss
282      assessments made on or after the day before the date of the
283      occurrence do are not apply applicable to such loss.
284              Section 11.           This act shall take effect upon becoming a
285      law.




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