Pandemic Darlings The pandemic economy, in original documents
Home Source documents PCB COM 23-04 (2023) — An act relating to insurer accountability

PCB COM 23-04 (2023) — An act relating to insurer accountability

Summary

Proposed committee bill PCB COM 23-04 (2023) in the Commerce Committee, a bill to be entitled an act relating to insurer accountability. The bill amends section 624.307 to authorize electronic responses to certain requests from the Division of Consumer Services of the Department of Financial Services about consumer complaints and to revise administrative penalties. It creates section 624.3152 on quarterly reports by the Office of Insurance Regulation to the Legislature, and amends section 624.316 to require a methodology for scheduling examinations of insurers. It amends section 624.3161 so that authorized property insurers must, rather than may, be subject to an additional market conduct examination after a hurricane if specified conditions are met.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“PCB COM 23-04 (2023) — An act relating to insurer accountability.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcb-com-a8aecb5fb5/, SHA-256 3143eb3d3120433a9e89ca2bdd08d213c02a3877862d19de875290627d9d88c7.

Full text

F   L     O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




           PCB COM 23-04                                                                                        2023




    1                                         A bill to be entitled
    2              An act relating to insurer accountability; amending s.
    3              624.307, F.S.; authorizing electronic responses to
    4              certain requests from the Division of Consumer
    5              Services of the Department of Financial Services
    6              concerning consumer complaints; revising the timeframe
    7              in which responses must be made; revising
    8              administrative penalties; amending s. 624.315, F.S.;
    9              specifying reporting requirements for the Office of
10                 Insurance Regulation's internal auditor in the
11                 office's annual report relating to the enforcement of
12                 insurer compliance; creating s. 624.3152, F.S.;
13                 specifying requirements for the office to report
14                 quarterly to the Legislature relating to the
15                 enforcement of insurer compliance; amending s.
16                 624.316, F.S.; requiring the office to create a
17                 specified methodology for scheduling examinations of
18                 insurers; specifying requirements for such
19                 methodology; providing construction; amending s.
20                 624.3161, F.S.; providing that authorized property
21                 insurers must, rather than may, be subject to an
22                 additional market conduct examination after a
23                 hurricane if specified conditions are met; revising
24                 the applicability of such conditions; requiring the
25                 office to create, and the Financial Services

                                                        Page 1 of 29
        PCB COM 23-04.DOCX
        CODING: Words stricken are deletions; words underlined are additions.
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        PCB COM 23-04                                                                                        2023




26              Commission to adopt by rule, a specified methodology
27              for scheduling examinations of insurers; specifying
28              requirements for such methodology; providing
29              construction; amending s. 624.4211, F.S.; revising
30              administrative fines the office may impose in lieu of
31              revocation or suspension; amending s. 626.207, F.S.;
32              revising a condition for disqualification of an
33              insurance representative applicant or licensee;
34              amending s. 626.9521, F.S.; revising and specifying
35              applicable fines for unfair methods of competition and
36              unfair or deceptive acts or practices; amending s.
37              626.9541, F.S.; adding an unfair claim settlement
38              practice by an insurer; prohibiting an officer or a
39              director of an impaired insurer to authorize or permit
40              the insurer to pay a bonus to any officer or director
41              of the insurer; defining the term "bonus"; providing a
42              criminal penalty; amending s. 626.989, F.S.; revising
43              a reporting requirement for the department's Division
44              of Investigative and Forensic Services; requiring the
45              division to submit an annual performance report to the
46              Legislature; specifying requirements for the report;
47              amending s. 627.0629, F.S.; specifying requirements
48              for residential property insurers in providing certain
49              hurricane mitigation discount information to
50              policyholders in a specified manner; specifying

                                                     Page 2 of 29
     PCB COM 23-04.DOCX
     CODING: Words stricken are deletions; words underlined are additions.
F   L   O   R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        PCB COM 23-04                                                                                        2023




51              requirements for the office in reevaluating and
52              updating certain fixtures and construction techniques;
53              deleting obsolete dates; amending s. 627.351, F.S.;
54              prohibiting Citizens Property Insurance Corporation
55              from determining that a risk is ineligible for
56              coverage solely on a specified basis; amending s.
57              627.701, F.S.; providing that if a roof deductible is
58              applied under a personal lines residential property
59              insurance policy, no other deductible under the policy
60              may be applied to any other loss to the property
61              caused by the same covered peril; amending s.
62              627.70132, F.S.; providing for the tolling of certain
63              timeframes for filing notices of property insurance
64              claims for servicemembers; providing appropriations;
65              providing an effective date.
66
67      Be It Enacted by the Legislature of the State of Florida:
68
69                      Section 1.         Paragraph (b) of subsection (10) of
70      section 624.307, Florida Statutes, is amended to read:
71              624.307        General powers; duties.—
72              (10)
73              (b)         Any person licensed or issued a certificate of
74      authority by the department or the office shall respond, in
75      writing or electronically, to the division within 14 20 days

                                                     Page 3 of 29
     PCB COM 23-04.DOCX
     CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




 76      after receipt of a written request for documents and information
 77      from the division concerning a consumer complaint. The response
 78      must address the issues and allegations raised in the complaint
 79      and include any requested documents concerning the consumer
 80      complaint not subject to attorney-client or work-product
 81      privilege. The division may impose an administrative penalty for
 82      failure to comply with this paragraph of up to $5,000 $2,500 per
 83      violation upon any entity licensed by the department or the
 84      office and $250 for the first violation, $500 for the second
 85      violation, and up to $1,000 per for the third or subsequent
 86      violation by upon any individual licensed by the department or
 87      the office.
 88              Section 2.         Present subsection (4) of section 624.315,
 89      Florida Statutes, is redesignated as subsection (5), and a new
 90      subsection (4) is added to that section, to read:
 91              624.315        Annual report.—
 92              (4)         The office shall detail all actions to enforce insurer
 93      compliance during the previous year. For each of the following,
 94      the report must detail the insurer or other licensee or
 95      registrant against whom such action was taken; whether the
 96      office found any violation of law or rule by such party, and, if
 97      so, detail such violation; and the resolution of such action,
 98      including any penalties imposed by the office. The report must
 99      be published on the website of the office and submitted to the
100      Governor, the President of the Senate, and the Speaker of the

                                                      Page 4 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




101      House of Representatives on or before February 15 of each year.
102      The report must include, but need not be limited to:
103              (a)         The revocation, denial, or suspension of any license
104      or registration issued by the office.
105              (b)         All actions taken pursuant to s. 624.310.
106              (c)         Fines imposed by the office for violations of this
107      code.
108              (d)         Consent orders entered into by the office.
109              (e)         Examinations and investigations conducted and
110      completed by the office pursuant to ss. 624.316 and 624.3161.
111              (f)         Investigations conducted and completed, by line of
112      insurance, for which the office found violations of law or rule
113      but did not take enforcement action.
114              Section 3.           Section 624.3152, Florida Statutes, is created
115      to read:
116              624.3152           Quarterly report of enforcement activity. —Each
117      quarter, the office shall create a report detailing all actions
118      of the office to enforce insurer compliance. The report must be
119      submitted to the commission, the President of the Senate, the
120      Speaker of the House of Representatives, and the legislative
121      committees with jurisdiction over matters of insurance. For each
122      of the following, the report must detail the insurer or other
123      licensee or registrant against whom such action was taken;
124      whether the office found any violation of law or rule by such
125      party, and, if so, detail such violation; and the resolution of

                                                      Page 5 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




126      such action, including any penalties imposed by the office. The
127      report is due on or before April 30, July 31, October 31, and
128      January 31, respectively, for the immediately preceding quarter.
129      The report must include, but need not be limited to:
130              (1)         The revocation, denial, or suspension of any license
131      or registration issued by the office.
132              (2)         All actions taken pursuant to s. 624.310.
133              (3)         Fines imposed by the office for violations of this
134      code.
135              (4)         Consent orders entered into by the office.
136              (5)         Examinations and investigations conducted and
137      completed by the office pursuant to ss. 624.316 and 624.3161.
138              (6)         Investigations conducted and completed, by line of
139      insurance, for which the office found violations of law or rule
140      but did not take enforcement action.
141              Section 4.         Subsection (2) is amended and subsection (3) is
142      added to section 624.316, Florida Statutes, to read:
143              624.316        Examination of insurers.—
144              (2)(a)        Except as provided in paragraph (f), the office may
145      examine each insurer as often as may be warranted for the
146      protection of the policyholders and in the public interest, but
147      must, at a minimum, examine insurers as follows:
148              1.      High-risk insurers not less frequently than once every
149      3 years.
150              2.      Average-risk insurers not less frequently than once

                                                      Page 6 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




151      every 5 years.
152              3.      Low-risk insurers not less frequently than once every 7
153      years and shall examine each domestic insurer not less
154      frequently than once every 5 years.
155
156      The examination shall cover the preceding 5 fiscal years since
157      the last examination of the insurer, except for low-risk
158      insurers, in which case the examination shall cover the
159      preceding 5 fiscal years, and shall be commenced within 12
160      months after the end of the most recent fiscal year being
161      covered by the examination. The examination may cover any period
162      of the insurer’s operations since the last previous examination.
163      The examination may include examination of events subsequent to
164      the end of the most recent fiscal year and the events of any
165      prior period that affect the present financial condition of the
166      insurer.
167              (3)         The office shall create, and the commission shall
168      adopt by rule, a risk-based selection methodology for scheduling
169      and conducting examinations of insurers and other entities
170      subject to this section. This requirement does not restrict the
171      authority of the office to conduct market conduct examinations
172      as often as it deems advisable. Such methodology must include:
173              (a)         Use of currently required risk-based capital reports
174      to prioritize financial examinations of insurers when such
175      reporting indicates a decline in the insurer's financial

                                                      Page 7 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




176      condition.
177              (b)         Consideration of any downgrade or threatened downgrade
178      in the insurer's financial strength rating.
179              (c)         Prioritization of property insurers for which the
180      office identifies significant concerns about an insurer's
181      solvency pursuant to s. 627.7154.
182              (d)         Any other conditions the office deems necessary for
183      the protection of the public.
184
185      The office shall present the proposed rule required by this
186      subsection to the commission no later than October 1, 2023. In
187      addition to the methodology required by this subsection, the
188      rule must include a plan to implement the examination schedule
189      in subsection (2).
190              Section 5.          Subsection (7) of section 624.3161, Florida
191      Statutes, is amended, and subsection (8) is added to that
192      section, to read:
193              624.3161           Market conduct examinations.—
194              (7)         Notwithstanding subsection (1), any authorized insurer
195      transacting property insurance business in this state must may
196      be subject to an additional market conduct examination after a
197      hurricane if, at any time more than 90 days after the end of the
198      hurricane, the insurer:
199              (a)         Is among the top 20 percent of insurers based upon a
200      calculation of the ratio of hurricane-related property insurance

                                                      Page 8 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




201      claims filed to the number of property insurance policies in
202      force;
203              (b)         Is among the top 20 percent of insurers based upon a
204      calculation of the ratio of consumer complaints made to the
205      department to hurricane-related claims;
206              (c)         Has made significant payments to its managing general
207      agent since the hurricane; or
208              (d)         Is identified by the office as necessitating a market
209      conduct exam for any other reason.
210
211      All relevant criteria under this section and s. 624.316 shall be
212      applied to the market conduct examination under this subsection.
213      Such an examination must be initiated within 18 months after the
214      landfall of a hurricane that results in an executive order or a
215      state of emergency issued by the Governor. This requirement does
216      not limit in any way the authority of the office to conduct at
217      any time a market conduct examination of a property insurer in
218      the aftermath of a hurricane. An examination of an insurer under
219      this subsection must also include an examination of its managing
220      general agent as if it were the insurer.
221              (8)         The office shall create, and the commission shall
222      adopt by rule, a risk-based selection methodology for scheduling
223      and conducting market conduct examinations of insurers and other
224      entities regulated by the office. This requirement does not
225      restrict the authority of the office to conduct market conduct

                                                      Page 9 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




226      examinations as often as it deems necessary. Under such
227      selection methodology, the office must initiate a market conduct
228      examination if any of the following conditions exist relating to
229      an insurer or other entity regulated by the office:
230              (a)         An insurance regulator in another state has initiated
231      or taken regulatory action against the insurer or entity,
232      including, but not limited to:
233              1.      A licensure denial, suspension, or revocation;
234              2.      Imposition of administrative fines; or
235              3.      Issuance of a cease and desist order, consent order, or
236      other order regarding actions or omissions of the insurer or
237      entity.
238              (b)         Given the insurer's market share in this state, the
239      department or the office has received a disproportionate number
240      of the following types of claims-handling complaints against the
241      insurer:
242              1.      Failure to timely communicate with respect to claims;
243              2.      Failure to timely pay claims;
244              3.      Untimely payments giving rise to the payment of
245      statutory interest;
246              4.      Failure to adjust and pay claims in accordance with the
247      terms and conditions of the policy or contract and in compliance
248      with state law;
249              5.      Violations of the Unfair Insurance Trade Practices Act
250      in part IX of chapter 626;

                                                      Page 10 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




251              6.      Failure to use licensed and duly appointed claims
252      adjusters;
253              7.      Failure to maintain reasonable claims records; or
254              8.      Failure to adhere to the company's claims-handling
255      manual.
256              (c)         The results of a National Association of Insurance
257      Commissioners Market Conduct Annual Statement indicate the
258      insurer is a negative outlier with regard to particular metrics.
259              (d)         There is evidence the insurer is engaged in a pattern
260      or practice of violations of the Unfair Insurance Trade
261      Practices Act.
262
263              (f)         Any other conditions the office deems necessary for
264      the protection of the public.
265
266      The office shall present the proposed rule required by this
267      subsection to the commission no later than October 1, 2023. In
268      addition to the methodology required by this subsection, the
269      rule must provide criteria for how the office will determine
270      that it has received a disproportionate of the claims -handling
271      complaints described in paragraph (b).
272              Section 6.          Section 624.4211, Florida Statutes, is amended
273      to read:
274              624.4211           Administrative fine in lieu of suspension or
275      revocation.—

                                                      Page 11 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




276              (1)         If the office finds that one or more grounds exist for
277      the discretionary revocation or suspension of a certificate of
278      authority issued under this chapter, the office may, in lieu of
279      such revocation or suspension, impose a fine upon the insurer.
280              (2)(a)        With respect to a any nonwillful violation, such
281      fine may not exceed:
282              1.      Twenty-five thousand dollars per violation, up to an
283      aggregate amount of $100,000 for all nonwillful violations
284      arising out of the same action, related to a covered loss or
285      claim caused by an emergency for which the Governor declared a
286      state of emergency pursuant to s. 252.36.
287              2.      Twelve thousand five hundred dollars $5,000 per
288      violation, up to. In no event shall such fine exceed an
289      aggregate amount of $50,000 $20,000 for all other nonwillful
290      violations arising out of the same action.
291              (b)         If an insurer discovers a nonwillful violation, the
292      insurer shall correct the violation and, if restitution is due,
293      make restitution to all affected persons. Such restitution shall
294      include interest at 12 percent per year from either the date of
295      the violation or the date of inception of the affected person's
296      policy, at the insurer's option. The restitution may be a credit
297      against future premiums due provided that interest accumulates
298      until the premiums are due. If the amount of restitution due to
299      any person is $50 or more and the insurer wishes to credit it
300      against future premiums, it shall notify such person that she or

                                                      Page 12 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




301      he may receive a check instead of a credit. If the credit is on
302      a policy that is not renewed, the insurer shall pay the
303      restitution to the person to whom it is due.
304              (3)(a)        With respect to a any knowing and willful violation
305      of a lawful order or rule of the office or commission or a
306      provision of this code, the office may impose a fine upon the
307      insurer in an amount not to exceed:
308              1.      Two hundred thousand dollars for each such violation,
309      up to an aggregate amount of $1 million for all knowing and
310      willful violations arising out of the same action, related to a
311      covered loss or claim caused by an emergency for which the
312      Governor declared a state of emergency pursuant to s. 252.36.
313              2.      One hundred thousand dollars $40,000 for each such
314      violation, up to. In no event shall such fine exceed an
315      aggregate amount of $500,000 $200,000 for all other knowing and
316      willful violations arising out of the same action.
317              (b)         In addition to such fines, the insurer shall make
318      restitution when due in accordance with subsection (2).
319              (4)         The failure of an insurer to make restitution when due
320      as required under this section constitutes a willful violation
321      of this code. However, if an insurer in good faith is uncertain
322      as to whether any restitution is due or as to the amount of such
323      restitution, it shall promptly notify the office of the
324      circumstances; and the failure to make restitution pending a
325      determination thereof shall not constitute a violation of this

                                                      Page 13 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




326      code.
327              Section 7.          Paragraph (c) of subsection (3) of section
328      626.207, Florida Statutes, is amended to read:
329              626.207        Disqualification of applicants and licensees;
330      penalties against licensees; rulemaking authority.—
331              (3)         An applicant who has been found guilty of or has
332      pleaded guilty or nolo contendere to a crime not included in
333      subsection (2), regardless of adjudication, is subject to:
334              (c)         A 7-year disqualifying period for all misdemeanors
335      directly related to the financial services business or any
336      violation of the Florida Insurance Code.
337              Section 8.          Subsections (2) and (3) of section 626.9521,
338      Florida Statutes, are amended to read:
339              626.9521           Unfair methods of competition and unfair or
340      deceptive acts or practices prohibited; penalties.—
341              (2)         Except as provided in subsection (3), any person who
342      violates any provision of this part is subject to a fine in an
343      amount not greater than $12,500 $5,000 for each nonwillful
344      violation and not greater than $100,000 $40,000 for each willful
345      violation. Fines under this subsection imposed against an
346      insurer may not exceed an aggregate amount of $50,000 $20,000
347      for all nonwillful violations arising out of the same action or
348      an aggregate amount of $500,000 $200,000 for all willful
349      violations arising out of the same action. The fines may be
350      imposed in addition to any other applicable penalty.

                                                      Page 14 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




351              (3)(a)        If a person violates s. 626.9541(1)(l), the offense
352      known as "twisting," or violates s. 626.9541(1)(aa), the offense
353      known as "churning," the person commits a misdemeanor of the
354      first degree, punishable as provided in s. 775.082, and an
355      administrative fine not greater than $12,500 $5,000 shall be
356      imposed for each nonwillful violation or an administrative fine
357      not greater than $187,500 $75,000 shall be imposed for each
358      willful violation. To impose an administrative fine for a
359      willful violation under this paragraph, the practice of
360      "churning" or "twisting" must involve fraudulent conduct.
361              (b)         If a person violates s. 626.9541(1)(ee) by willfully
362      submitting fraudulent signatures on an application or policy -
363      related document, the person commits a felony of the third
364      degree, punishable as provided in s. 775.082, and an
365      administrative fine not greater than $12,500 $5,000 shall be
366      imposed for each nonwillful violation or an administrative fine
367      not greater than $187,500 $75,000 shall be imposed for each
368      willful violation.
369              (c)         If a person violates any provision of this part and
370      such violation is related to a covered loss or covered claim
371      caused by an emergency for which the Governor declared a state
372      of emergency pursuant to s. 252.36, such person is subject to a
373      fine in an amount not greater than $25,000 for each nonwillful
374      violation and not greater than $200,000 for each willful
375      violation. Fines under this paragraph imposed against an insurer

                                                      Page 15 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




376      may not exceed an aggregate amount of $100,000 for all
377      nonwillful violations arising out of the same action or an
378      aggregate amount of $1 million for all willful violations
379      arising out of the same action.
380              (d)         Administrative fines under paragraphs (a) and (b) this
381      subsection may not exceed an aggregate amount of $125,000
382      $50,000 for all nonwillful violations arising out of the same
383      action or an aggregate amount of $625,000 $250,000 for all
384      willful violations arising out of the same action.
385              Section 9.          Paragraphs (i) and (w) of subsection (1) of
386      section 626.9541, Florida Statutes, are amended to read:
387              626.9541           Unfair methods of competition and unfair or
388      deceptive acts or practices defined.—
389              (1)         UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
390      ACTS.—The following are defined as unfair methods of competition
391      and unfair or deceptive acts or practices:
392              (i)         Unfair claim settlement practices.—
393              1.      Attempting to settle claims on the basis of an
394      application, when serving as a binder or intended to become a
395      part of the policy, or any other material document which was
396      altered without notice to, or knowledge or consent of, the
397      insured;
398              2.      A material misrepresentation made to an insured or any
399      other person having an interest in the proceeds payable under
400      such contract or policy, for the purpose and with the intent of

                                                      Page 16 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




401      effecting settlement of such claims, loss, or damage under such
402      contract or policy on less favorable terms than those provided
403      in, and contemplated by, such contract or policy;
404              3.      Committing or performing with such frequency as to
405      indicate a general business practice any of the following:
406              a.      Failing to adopt and implement standards for the proper
407      investigation of claims;
408              b.      Misrepresenting pertinent facts or insurance policy
409      provisions relating to coverages at issue;
410              c.      Failing to acknowledge and act promptly upon
411      communications with respect to claims;
412              d.      Denying claims without conducting reasonable
413      investigations based upon available information;
414              e.      Failing to affirm or deny full or partial coverage of
415      claims, and, as to partial coverage, the dollar amount or extent
416      of coverage, or failing to provide a written statement that the
417      claim is being investigated, upon the written request of the
418      insured within 30 days after proof-of-loss statements have been
419      completed;
420              f.      Failing to promptly provide a reasonable explanation in
421      writing to the insured of the basis in the insurance policy, in
422      relation to the facts or applicable law, for denial of a claim
423      or for the offer of a compromise settlement;
424              g.      Failing to promptly notify the insured of any
425      additional information necessary for the processing of a claim;

                                                      Page 17 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O     R   I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




426               h.      Failing to clearly explain the nature of the reques ted
427      information and the reasons why such information is necessary;
428      or
429               i.      Failing to pay personal injury protection insurance
430      claims within the time periods required by s. 627.736(4)(b). The
431      office may order the insurer to pay restitution to a
432      policyholder, medical provider, or other claimant, including
433      interest at a rate consistent with the amount set forth in s.
434      55.03(1), for the time period within which an insurer fails to
435      pay claims as required by law. Restitution is in addition to any
436      other penalties allowed by law, including, but not limited to,
437      the suspension of the insurer's certificate of authority; or
438               j.      Altering or amending an insurance adjuster's report
439      without including on the report or as an addendum to the report
440      a detailed list of all changes made to the report and the
441      identity of the person who ordered each change. Any change that
442      has the effect of reducing the estimate of the loss must include
443      a detailed explanation why such change was made; or
444               4.      Failing to pay undisputed amounts of partial or full
445      benefits owed under first-party property insurance policies
446      within 60 days after an insurer receives notice of a residential
447      property insurance claim, determines the amounts of partial or
448      full benefits, and agrees to coverage, unless payment of the
449      undisputed benefits is prevented by factors beyond the control
450      of the insurer as defined in s. 627.70131(5).

                                                      Page 18 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023



451              (w)         Soliciting or accepting new or renewal insurance risks
452      or payment of certain bonuses by insolvent or impaired insurer
453      prohibited; penalty.—
454              1.      Whether or not delinquency proceedings as to the
455      insurer have been or are to be initiated, but while such
456      insolvency or impairment exists, no director or officer of an
457      insurer, except with the written permission of the office, shall
458      authorize or permit the insurer to solicit or accept new or
459      renewal insurance risks in this state after such director or
460      officer knew, or reasonably should have known, that the insurer
461      was insolvent or impaired.
462              2.      Regardless of whether delinquency proceedings as to the
463      insurer have been or are to be initiated, but while such
464      insolvency or impairment exists, a director or an officer of an
465      impaired insurer may not authorize or permit the insurer to pay
466      a bonus to any officer or director of the insurer.
467              3.      As used in this paragraph, the term:
468              a.      "Bonus" means a payment, in addition to an officer's or
469      a director's usual compensation, that is in addition to any
470      amounts contracted for or otherwise legally due.
471              b.      "Impaired" includes impairment of capital or surplus,
472      as defined in s. 631.011(12) and (13).
473              4.2.        Any such director or officer, upon conviction of a
474      violation of this paragraph, commits is guilty of a felony of
475      the third degree, punishable as provided in s. 775.082, s.

                                                      Page 19 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




476      775.083, or s. 775.084.
477              Section 10.           Subsection (6) of section 626.989, Florida
478      Statutes, is amended, and subsection (10) is added to that
479      section, to read:
480              626.989       Investigation by department or Division of
481      Investigative and Forensic Services; compliance; immunity;
482      confidential information; reports to division; division
483      investigator's power of arrest.—
484              (6)(a)       Any person, other than an insurer, agent, or other
485      person licensed under the code, or an employee thereof, having
486      knowledge or who believes that a fraudulent insurance act or any
487      other act or practice which, upon conviction, constitutes a
488      felony or a misdemeanor under the code, or under s. 817.234, is
489      being or has been committed may send to the Division of
490      Investigative and Forensic Services a report or information
491      pertinent to such knowledge or belief and such additional
492      information relative thereto as the department may request. Any
493      professional practitioner licensed or regulated by the
494      Department of Business and Professional Regulation, except as
495      otherwise provided by law, any medical review committee as
496      defined in s. 766.101, any private medical review committee, and
497      any insurer, agent, or other person licensed under the code, or
498      an employee thereof, having knowledge or who believes that a
499      fraudulent insurance act or any other act or practice which,
500      upon conviction, constitutes a felony or a misdemeanor under the

                                                      Page 20 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




501      code, or under s. 817.234, is being or has been committed shall
502      send to the Division of Investigative and Forensic Services a
503      report or information pertinent to such knowledge or belief and
504      such additional information relative thereto as the department
505      may require.
506              (b)         The Division of Investigative and Forensic Services
507      shall review such information or reports and select such
508      information or reports as, in its judgment, may require further
509      investigation. It shall then cause an independent examination of
510      the facts surrounding such information or report to be made to
511      determine the extent, if any, to which a fraudulent insurance
512      act or any other act or practice which, upon conviction,
513      constitutes a felony or a misdemeanor under the code, or under
514      s. 817.234, is being committed.
515              (c)         The Division of Investigative and Forensic Services
516      shall report any alleged violations of law which its
517      investigations disclose to the appropriate licensing agency and
518      state attorney or other prosecuting agency having jurisdiction,
519      including, but not limited to, the statewide prosecutor for
520      crimes that impact two or more judicial circuits in this state,
521      with respect to any such violation, as provided in s. 624.310.
522      If prosecution by the state attorney or other prosecuting agency
523      having jurisdiction with respect to such violation is not begun
524      within 60 days of the division's report, the state attorney or
525      other prosecuting agency having jurisdiction with respect to

                                                      Page 21 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




526      such violation shall inform the division of the reasons for the
527      lack of prosecution.
528              (10)        The Division of Investigative and Forensic Services
529      Bureau of Insurance Fraud shall prepare and submit a performance
530      report to the President of the Senate and the Speaker of the
531      House of Representatives by January 1 of each year. The annual
532      report must include, but need not be limited to:
533              (a)         The total number of initial referrals received, cases
534      opened, cases presented for prosecution, cases closed, and
535      convictions resulting from cases presented for prosecution by
536      the Bureau of Insurance Fraud, by type of insurance fraud and
537      circuit.
538              (b)         The number of referrals received from insurers, the
539      office, and the Division of Consumer Services of the departme nt,
540      and the outcome of those referrals.
541              (c)         The number of investigations undertaken by the Bureau
542      of Insurance Fraud which were not the result of a referral from
543      an insurer and the outcome of those referrals.
544              (d)         The number of investigations that resulted in a
545      referral to a regulatory agency and the disposition of those
546      referrals.
547              (e)         The number of cases presented by the Bureau of
548      Insurance Fraud which local prosecutors or the statewide
549      prosecutor declined to prosecute and the reasons provided for
550      declining prosecution.

                                                      Page 22 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




551              (f)         A summary of the annual report required under s.
552      626.9896.
553              (g)         The total number of employees assigned to the Bureau
554      of Insurance Fraud, delineated by location of staff assigned;
555      and the number and location of employees assigned to the Bureau
556      of Insurance Fraud who were assigned to work other types of
557      fraud cases.
558              (h)         The average caseload and turnaround time by type of
559      case for each investigator.
560              (i)         The training provided during the year to insurance
561      fraud investigators.
562              Section 11.             Subsections (1), (3), and (4) of section
563      627.0629, Florida Statutes, are amended to read:
564              627.0629           Residential property insurance; rate filings. —
565              (1)         It is the intent of the Legislature that insurers
566      provide savings to consumers who install or implement windstorm
567      damage mitigation techniques, alterations, or solutions to their
568      properties to prevent windstorm losses. A rate filing for
569      residential property insurance must include actuarially
570      reasonable discounts, credits, or other rate differentials, or
571      appropriate reductions in deductibles, for properties on which
572      fixtures or construction techniques demonstrated to reduce the
573      amount of loss in a windstorm have been installed or
574      implemented. The fixtures or construction techniques must
575      include, but are not limited to, fixtures or construction

                                                      Page 23 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




576      techniques that enhance roof strength, roof covering
577      performance, roof-to-wall strength, wall-to-floor-to-foundation
578      strength, opening protection, and window, door, and skylight
579      strength. Credits, discounts, or other rate differentials, or
580      appropriate reductions in deductibles, for fixtures and
581      construction techniques that meet the minimum requirements of
582      the Florida Building Code must be included in the rate filing.
583      The office shall determine the discounts, credits, other rate
584      differentials, and appropriate reductions in deductibles that
585      reflect the full actuarial value of such revaluation, which may
586      be used by insurers in rate filings. Effective July 1, 2023,
587      each insurer subject to the requirements of this section must
588      provide information on the insurer's website describing the
589      hurricane mitigation discounts available to policyholders. Such
590      information must be accessible on, or through a hyperlink
591      located on, the home page of the insurer's website or the
592      primary page of the insurer's website for property insurance
593      policyholders or applicants for such coverage in this state. On
594      or before January 1, 2025, and every 5 years thereafter, the
595      office shall reevaluate and update the fixtures or construction
596      techniques demonstrated to reduce the amount of loss in a
597      windstorm and the discounts, credits, other rate differentials,
598      and appropriate reductions in deductibles that reflect the full
599      actuarial value of such fixtures or construction techniques. The
600      office shall adopt rules and forms necessitated by such

                                                      Page 24 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




601      reevaluation.
602              (3)         A rate filing made on or after July 1, 1995, for
603      mobile home owner insurance must include appropriate discounts,
604      credits, or other rate differentials for mobile homes
605      constructed to comply with American Society of Civil Engineers
606      Standard ANSI/ASCE 7-88, adopted by the United States Department
607      of Housing and Urban Development on July 13, 1994, and that also
608      comply with all applicable tie-down requirements provided by
609      state law.
610              (4)         The Legislature finds that separate consideration and
611      notice of hurricane insurance premiums will assist consumers by
612      providing greater assurance that hurricane premiums are lawful
613      and by providing more complete information regarding the
614      components of property insurance premiums. Effective January 1,
615      1997, A rate filing for residential property insurance shall be
616      separated into two components, rates for hurricane coverage and
617      rates for all other coverages. A premium notice reflecting a
618      rate implemented on the basis of such a filing shall separately
619      indicate the premium for hurricane coverage and the premium for
620      all other coverages.
621              Section 12.            Paragraph (ll) is added to subsection (6) of
622      section 627.351, Florida Statutes, to read:
623              627.351        Insurance risk apportionment plans.—
624              (6)         CITIZENS PROPERTY INSURANCE CORPORATION.—
625              (ll)        The corporation may not determine that a risk is

                                                      Page 25 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




626      ineligible for coverage with the corporation solely because such
627      risk has unrepaired damage caused by a covered loss that is the
628      subject of a claim that is being serviced by the Florida
629      Insurance Guaranty Association. This paragraph applies to a risk
630      until the earlier of 36 months from the date the Florida
631      Insurance Guaranty Association began servicing such claim or the
632      Florida Insurance Guaranty Association closes the claim.
633              Section 13.           Paragraph (a) of subsection (10) of section
634      627.701, Florida Statutes, is amended to read:
635              627.701       Liability of insureds; coinsurance; deductibles.—
636              (10)(a)       Notwithstanding any other provision of law, an
637      insurer issuing a personal lines residential property insurance
638      policy may include in such policy a separate roof deductible
639      that meets all of the following requirements:
640              1.      The insurer has complied with the offer requirements
641      under subsection (7) regarding a deductible applicable to losses
642      from perils other than a hurricane.
643              2.      The roof deductible may not exceed the lesser of 2
644      percent of the Coverage A limit of the policy or 50 percent of
645      the cost to replace the roof.
646              3.      The premium that a policyholder is charged for the
647      policy includes an actuarially sound credit or premium discount
648      for the roof deductible.
649              4.      The roof deductible applies only to a claim adjusted on
650      a replacement cost basis.

                                                      Page 26 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




651              5.      The roof deductible does not apply to any of the
652      following events:
653              a.      A total loss to a primary structure in accordance with
654      the valued policy law under s. 627.702 which is caused by a
655      covered peril.
656              b.      A roof loss resulting from a hurricane as defined in s.
657      627.4025(2)(c).
658              c.      A roof loss resulting from a tree fall or other hazard
659      that damages the roof and punctures the roof deck.
660              d.      A roof loss requiring the repair of less than 50
661      percent of the roof.
662
663      If a roof deductible is applied, no other deductible under the
664      policy may be applied to the loss or to any other loss to the
665      property caused by the same covered peril.
666              Section 14.            Subsection (2) of section 627.70132, Florida
667      Statutes, is amended to read:
668              627.70132          Notice of property insurance claim.—
669              (2)         A claim or reopened claim, but not a supplemental
670      claim, under an insurance policy that provides property
671      insurance, as defined in s. 624.604, including a property
672      insurance policy issued by an eligible surplus lines insurer,
673      for loss or damage caused by any peril is barred unless notice
674      of the claim was given to the insurer in accordance with the
675      terms of the policy within 1 year after the date of loss. A

                                                      Page 27 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




676      supplemental claim is barred unless notice of the supplemental
677      claim was given to the insurer in accordance with the terms of
678      the policy within 18 months after the date of loss. The time
679      limitations of this subsection are tolled during any term of
680      deployment to a combat zone or combat support posting which
681      materially affects the ability of a servicemember as defined in
682      s. 250.01 to file a claim, supplemental claim, or reopened
683      claim.
684              Section 15.           Chapter 2022-271, Laws of Florida, shall not
685      be construed to impair any right under an insurance contract in
686      effect on or before the effective date of that chapter law. To
687      the extent that chapter 2022-271, Laws of Florida, affects a
688      right under an insurance contract, that chapter law applies to
689      an insurance contract issued or renewed after the effective date
690      of that chapter law. This section is intended to clarify
691      existing law and is remedial in nature.
692              Section 16.           For the 2023-2024 fiscal year, five positions
693      with associated salary rate of 325,000 and the sum of $494,774
694      in recurring funds and $23,410 in nonrecurring funds is
695      appropriated from the Insurance Regulatory Trust Fund to the
696      Department of Financial Services to implement this act.
697              Section 17.           For the 2023-2024 fiscal year, 14 positions
698      with associated salary rate of 840,000 and the sum of $1,301,672
699      in recurring funds and $65,548 in nonrecurring funds is
700      appropriated from the Insurance Regulatory Trust Fund to the

                                                      Page 28 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCB COM 23-04                                                                                        2023




701      Office of Insurance Regulation to implement this act.
702              Section 18.           This act shall take effect July 1, 2023.




                                                      Page 29 of 29
      PCB COM 23-04.DOCX
      CODING: Words stricken are deletions; words underlined are additions.


File and source

File
2023_3220_commerce-committee_proposed-committee-bills-pcbs_fn-pcb-com-23-04.pdf
Size
249,354 bytes
SHA-256
3143eb3d3120433a9e89ca2bdd08d213c02a3877862d19de875290627d9d88c7
Our copy
2023_3220_commerce-committee_proposed-committee-bills-pcbs_fn-pcb-com-23-04.pdf
Original
No public link identified.
Back to top