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Insurance & Banking Subcommittee Meeting Packet, February 1, 2024

Summary

The meeting packet for the Insurance & Banking Subcommittee of the Florida House of Representatives Commerce Committee covers the Thursday, February 1, 2024 meeting at Morris Hall (17 HOB). The agenda lists bills such as HB 29 (Value of Motor Vehicles Exempt from Legal Process) and HB 515 (Protection of Specified Adults), plus a proposed committee substitute for HB 1503 on Citizens Property Insurance Corporation. The staff analysis of HB 29 says the bill raises the maximum value of an exempt motor vehicle from $1,000 to $5,000, effective July 1, 2024. The staff analysis of HB 515 says financial institutions that report suspected financial exploitation of a specified adult may delay a disbursement or transaction under certain conditions.

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“Insurance & Banking Subcommittee Meeting Packet, February 1, 2024.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-02-01-3228-insurance-banking-subcommittee-meeting-packets-fn-ibs-569a0a48ee/, SHA-256 ede4f57d0bf3a0b8a5b9ffd7049d084b2717bf160d9a53460161ba45b72db4da.

Full text

    Insurance & Banking Subcommittee
              Thursday, February 1, 2024
                 8:00 AM - 11:00 AM
                 Morris Hall (17 HOB)




                   Meeting Packet




Paul Renner                                Wyman Duggan
Speaker                                            Chair
                    The Florida House of Representatives
                                           Commerce Committee
                                 Insurance & Banking Subcommittee
Paul Renner                                                                                         Wyman Duggan
Speaker                                                                                                    Chair

                                               Meeting Agenda

                                        Thursday, February 1, 2024
                                           8:00 am – 11:00 am
                                          Morris Hall (17 HOB)

  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

       HB 29 Value of Motor Vehicles Exempt from Legal Process by Benjamin

       HB 515 Protection of Specified Adults by Silvers

       HB 1029 My Safe Florida Condominium Pilot Program by Lopez, V., Hunschofsky

       HB 1093 Florida Uniform Fiduciary Income and Principal Act by Caruso

       HB 1219 Dental Insurance Claims by Black

       HB 1263 My Safe Florida Home Program by LaMarca

       HB 1305 Florida Banking Institutions by Maggard

       HB 1465 Pet Insurance and Wellness Programs by Tuck

       HB 1611 Insurance by Stevenson

       CS/HB 1639 Gender and Biological Sex by Select Committee on Health Innovation,
       Bankson, Black



                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
 V.    Consideration of the following proposed committee substitute(s):

       PCS for HB 1503 -- Citizens Property Insurance Corporation

VI.    Closing Remarks

VII.   Adjournment
HB 29
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 29 Value of Motor Vehicles Exempt from Legal Process
SPONSOR(S): Benjamin
TIED BILLS:      IDEN./SIM. BILLS: SB 158

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Civil Justice Subcommittee                               15 Y, 0 N               Mathews            Jones

  2) Insurance & Banking Subcommittee                                                 Herrera            Lloyd

  3) Judiciary Committee


                                              SUMMARY ANALYSIS
The Florida Constitution allows a debtor to exempt a homestead property, regardless of value, from the claims
of creditors as long as it is used as a residence. In addition to this constitutional exemption of homestead
property and other personal property, Florida law protects certain assets from legal process so that they also
remain beyond a creditor’s reach, including:
    Funds held in individual retirement accounts (“IRA”) and other tax-exempt accounts.
    The cash surrender value of a life insurance policy and the proceeds of an annuity contract.
    Funds held in qualified tuition programs and medical, Coverdell education, and hurricane savings
       accounts.
    Disability income benefits.
    Wages, unless the debtor agrees to waive the exemption in writing.
    Social security benefits; unemployment compensation, or public assistance benefits; veterans’ benefits;
       alimony, support, or separate maintenance; and stock or pension plans under specified circumstances.
    A debtor’s interest in any professionally prescribed health aids for the debtor or for a debtor’s
       dependent.
    A debtor’s interest in a refund or a credit received or to be received pursuant to the Internal Revenue
       Code; however, this exemption is not applicable to a debt owed for child support or spousal support.
    A debtor’s interest in personal property, not to exceed $4,000, if the debtor does not claim or receive the
       benefits of a homestead exemption; however, this exemption is not applicable to a debt owed for child
       support or spousal support.
    A debtor’s interest, not to exceed $1,000 in value, in a single motor vehicle.

HB 29 increases the maximum value of an exempt motor vehicle from $1,000 to $5,000.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0029b.IBS
DATE: 1/30/2024
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:
          Background

          Constitutional Exemptions

          The Florida Constitution allows a debtor to exempt a homestead property, regardless of value, from the
          claims of creditors as long as it is used as a residence, as well as up to $1,000 in personal property. 1

          Other Asset Exemptions

          In addition to the exemption of homestead property and personal property provided by the Florida
          Constitution, chapter 222, F.S., protects certain assets from legal process so that they remain out of a
          creditor’s reach, including:
               Funds held in an individual retirement account (“IRA”) and other tax-exempt accounts.2
               A life insurance policy’s proceeds.3
               A life insurance policy’s cash surrender value and an annuity contract’s proceeds.4
               Funds held in qualified tuition programs and medical, Coverdell education, and hurricane
                  savings accounts.5
               Disability income benefits.6
               Wages, unless the debtor agrees to waive the exemption in writing.7
               Certain personal property items.8
               Any professionally prescribed health aides.9
               Social security benefits; unemployment compensation, or public assistance benefits; veterans’
                  benefits; alimony, support, or separate maintenance; and stock or pension plans under
                  specified circumstances.10
               A debtor’s interest in a motor vehicle, up to $1,000 in value. 11

          Effect of Proposed Changes

          HB 29 amends section 222.25, F.S., to increase the maximum value for a single exempt motor vehicle
          from $1,000 to $5,000. The maximum value has not been amended since s. 222.25, F.S., was created
          in 1993.

          The bill provides an effective date of July 1, 2024.

     B. SECTION DIRECTORY:
          Section 1: Amends s. 222.25, F.S., relating to other individual property of natural persons exempt from
                     legal process.
          Section 2: Provides an effective date of July 1, 2024.


1 Art. X, s. 4, Fla. Const.
2 S. 222.21, F.S.
3 S. 222.13, F.S.
4 S. 222.14, F.S.
5 S. 222.22, F.S.
6 S. 222.18, F.S.
7 Ss. 222.11 and 225.15, F.S.
8 S. 222.061, F.S.
9 S. 222.25, F.S.
10 S. 222.201, F.S.
11 S. 222.25(1), F.S.

STORAGE NAME: h0029b.IBS                                                                                     PAGE: 2
DATE: 1/30/2024
                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              None.

         2. Expenditures:
              None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
              None.

         2. Expenditures:
              None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.

    D. FISCAL COMMENTS:
         None.


                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not applicable.

         2. Other:
            None.

    B. RULE-MAKING AUTHORITY:
         Not applicable.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         During the 2022 session, the Legislature passed CS/HB 265. CS/HB 265 was substantively similar to
         HB 29, except that it contained a provision limiting the exemption to bankruptcy proceedings. The
         Governor vetoed the bill due to the limitation of the exemption to only Floridians in bankruptcy.
         However, the Governor noted in his veto message that the exemption value is likely ripe for an
         increase.12


                               IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




12 See Veto Letter of Ron DeSantis, Governor (May 20, 2022), https://www.flgov.com/wp-content/uploads/2022/05/5.20.22-Transmittal-

Letters.pdf (last visited Nov. 29, 2024).
STORAGE NAME: h0029b.IBS                                                                                                  PAGE: 3
DATE: 1/30/2024
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




           HB 29                                                                                                 2024




    1                                         A bill to be entitled
    2              An act relating to value of motor vehicles exempt from
    3              legal process; amending s. 222.25, F.S.; revising
    4              upward the value of a motor vehicle owned by a natural
    5              person which is exempt from legal process; providing
    6              an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                 Section 1.         Subsection (1) of section 222.25, Florida
11         Statutes, is amended to read:
12                 222.25        Other individual property of natural persons exempt
13         from legal process.—The following property is exempt from
14         attachment, garnishment, or other legal process:
15                 (1)         A debtor's interest, not to exceed $5,000 $1,000 in
16         value, in a single motor vehicle as defined in s. 320.01(1) s.
17         320.01.
18                 Section 2.         This act shall take effect July 1, 2024.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0029-00
HB 515
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 515 Protection of Specified Adults
SPONSOR(S): Silvers
TIED BILLS:       IDEN./SIM. BILLS: SB 556

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fletcher           Lloyd

  2) Children, Families & Seniors Subcommittee

  3) Commerce Committee

                                                     SUMMARY ANALYSIS

Florida has been a destination state for senior citizens over the years and has the second highest percentage
of senior residents in the nation. In 2022, Florida had an estimated 4.7 million people age 65 and older,
approximately 21percent of the state’s population. By 2030, this number is projected to increase to 5.9 million,
meaning the elderly will make up approximately one quarter of the state’s population and will account for most
of the state’s growth.

Elder populations are particularly vulnerable to abuse and exploitation due to risk factors associated with
aging, such as physical and mental infirmities and social isolation. Common types of elder abuse include
neglect, physical abuse, psychological abuse, and financial abuse. Up to 5 million older Americans are abused
every year, and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion.

The Adult Protective Services Act, ch. 415, F.S. (Act), codifies Florida’s laws relating to the protection of
vulnerable adults. The bill amends the Act to, among other things:
     Create definitions for certain terms;
     Provide that if a financial institution reports suspected financial exploitation of a specified adult, it may
       delay a disbursement or transaction from an account of a specified adult or an account for which a
       specified adult is a beneficiary or beneficial owner, provided certain conditions are met;
     Require financial institutions to:
           o Create and maintain for at least 5 years after the date of the delayed disbursement or
               transaction a written or electronic record of the delayed disbursement or transaction that
               includes certain information,
           o Make the required information available for review upon request by DCF, any law enforcement
               agency, or any state or federal agency with regulatory authority over the financial institution, and
           o Develop certain trainings and policies reasonably designed to educate employees on issues
               pertaining to financial exploitation of specified adults before placing a delay on any
               disbursement or transaction; and
     Provide that a financial institution that acts in good faith and exercises reasonable care in complying
       with the bill’s provisions is immune from any administrative or civil liability that might otherwise arise
       from a delay in a disbursement or transaction.

The bill has no impact on state government or local government revenues and expenses. It has an
indeterminate positive and negative impact on the private sector.

The bill provides an effective date of July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0515.IBS
DATE: 1/30/2024
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        Elder Population in Florida

        As the country’s “baby-boom” population reaches retirement age and life expectancy increases, the
        nation’s elder population is projected to increase from 54.1 million in 20191 to 80.8 million by 2040.2
        Florida has long been a destination state for senior citizens and has the second highest percentage of
        senior residents in the nation.3 In 2022, Florida had an estimated 4.7 million people age 65 and older,
        approximately 21percent of the state’s population.4 By 2030, this number is projected to increase to 5.9
        million, meaning the elderly will make up approximately one quarter of the state’s population and will
        account for most of the state’s growth.5

        Adult Protective Services Act

        The Adult Protective Services Act, ch. 415, F.S. (Act), codifies Florida’s laws relating to the protection
        of vulnerable adults. The Act defines “vulnerable adult” as a person 18 years of age or older whose
        ability to perform the normal activities of daily living or to provide for his or her own care or protection is
        impaired due to a mental, emotional, sensory, long-term physical, or developmental disability, or brain
        damage, or the infirmities of aging.6 The term implicitly includes elderly persons, but also incorporates
        disabled adults and other adults whom the Legislature has determined to be at risk of abuse, neglect,
        and exploitation, and in need of protective services.7

        The Department of Children and Families (DCF) protects vulnerable adults from abuse, neglect, and
        exploitation through mandatory reporting and investigation of suspected abuse pursuant to the Act.8 In
        2022, DCF received 30,581 reports of abuse, neglect, or exploitation of persons aged 60 or older.9

        Financial Abuse in Elder Populations

        Elder populations are particularly vulnerable to abuse and exploitation due to risk factors associated
        with aging, such as physical and mental infirmities and social isolation.10 Common types of elderly
        abuse include neglect, physical abuse, psychological abuse, and financial abuse.11 Up to 5 million older


1 U.S. Census Bureau,     65 and Older Population Grows Rapidly as Baby Boomers Age (June 25, 2020), Release Number:
CB20-99, https://www.census.gov/newsroom/ press-releases/2020/65-older-population-grows.html (last visited Jan. 10,
2024).
2 U.S. Department of Health and Human Services Administration on Aging, 2020 Profile of Older Americans (May 2021),

https://acl.gov/sites/default/files/Aging%20and% 20Disability%20in%20America/2020ProfileOlderAmericans.Final_.pdf
(last visited Jan. 10, 2024)
3 Id.
4 U.S. Census Bureau, Quick Facts – Florida, https://www.census.gov/quickfacts/fact/table/FL# (last visited Jan. 10,

2024).
5 5 Florida Office of Economic & Demographic Research, Florida Population by Age Group. Available at

http://edr.state.fl.us/Content/population-demographics/data/pop_c ensus_day-2020.pdf (last visited Jan. 10, 2024).
6 S. 415.102(28), F.S.
7 S. 415.101(2), F.S.
8 Id.
9 Email from Tarah Yeager, Gubernatorial Fellow, Department of Children and Families, Re: APS Statistics Info Request

(March 22, 2023). On file with the Health and Human Services Committee.
10 U.S. Department of Justice, About Elder Abuse, https://www.justice.gov/elderjustice/about -elder-abuse (last visited Jan.

10, 2024)..
11 U.S. Department of Justice, Types of Elder Abuse, https://www.justice.gov/elderjustice/about-elder-abuse (last visited

Jan. 10, 2024).
STORAGE NAME: h0515.IBS                                                                                              PAGE: 2
DATE: 1/30/2024
        Americans are abused every year, and the annual loss by victims of financial abuse is estimated to be
        at least $36.5 billion.12

        Financial abuse occurs when someone takes or misuses another person’s money or property for the
        benefit of someone other than that person.13 For example, neighbors, caregivers, professionals, and
        even family or friends may take money without permission, fail to repay the money they owe, charge
        too much for services, or not even do what they were paid to do. 14

        FINANCIAL SCAMS

        Fraudulent scams that target elderly individuals are on the rise.15 The most common fraudulent scams
        targeting these populations include:
             Government impersonation scams, in which scammers call unsuspecting older adults and
                pretend to be from the Internal Revenue Service, Social Security Administration, or Medicare.
                They may say the older adult has unpaid taxes and threaten arrest if they do not pay
                immediately. Alternatively, the scammers may say Social Security or Medicare benefits will be
                cut off if the older adult does not provide personal identifying information, which can later be
                used to commit identity theft.16
             Sweepstakes scams, in which scammers call an older adult to tell them have won a lottery or
                prize of some kind. If the older adult wants to claim their winnings, the older adult must send
                money, cash, or gift cards to cover supposed taxes and processing fees, or the older adult must
                send their bank account information to receive the alleged winnings. 17
             Computer tech support scams, which prey on older people’s lack of knowledge about
                computers and cybersecurity. A pop-up message or blank screen usually appears on a
                computer or phone, telling the user their device is damaged and needs fixing. When the older
                person calls the support number for help, the scammer may either request remote access to the
                older person’s computer and/or demand they pay a fee to have it repaired. 18
             “Grandparent” scams, in which a scammer calls a would-be grandparent and says something
                along the lines of: “Hi, Grandma, do you know who this is?” When the unaware grandparent
                guesses the name of the grandchild the scammer most sounds like, the scammer is able to
                instantly secure their trust. The fake grandchild then asks for money to solve some urgent
                financial problem (such as overdue rent, car repairs, or jail bond).19

        In 2022, there were 88,262 complaints of fraud from people aged 60 years or older, resulting in $3.1
        billion in losses.20 This was a 82.35percent increase in losses compared to 2021.21 Financial scams are
        devastating to many older adults and can leave them in a vulnerable position, with limited ability to
        recover their losses.22

        Regulation of Financial Institutions in Florida



12 National Council on Aging, Get the Facts on Elder Abuse, https://www.ncoa.org/article/get-the-facts-on-elder-abuse

(last visited Jan. 10, 2024).
13 Consumer Financial Protection Bureau, Reporting Elder Financial Abuse, https://www.consumerfinance.gov/consumer -

tools/educator-tools/resources-for-older-adults/reporting-elder-financial-abuse-guide/ (last visited Jan. 10, 2024).
14 Id.
15 U.S. Department of Justice: Office of Victims of Crime, National Elder Fraud Hotline, https://ovc.ojp.gov/program/stop-

elder-fraud/providing-help-restoring-hope#financial-scams-and-abuses-t hat-target-older-people-are-happenin (last visited
Jan. 29, 2024).
16 National Council on Aging, supra note 12.
17 Id.
18 Id.
19 Id.
20 Federal Bureau of Investigation Internet Crime Complaint Center, 2022 Internet Crime Report,

https://www.ic3.gov/Media/PDF/AnnualReport/2022_IC3Report.pdf (last visited Jan. 10, 2024). See also, National Council
on Aging, supra note 12.
21 Id.
22 National Council on Aging, supra note 12.
STORAGE NAME: h0515.IBS                                                                                            PAGE: 3
DATE: 1/30/2024
        The Office of Financial Regulation is responsible for all activities of the Financial Services Commission
        (Commission)23 relating to the regulation of banks, credit unions, other financial institutions, finance
        companies, and the securities industry.24 OFR has four divisions: the Division of Consumer Finance,
        the Division of Financial Institutions, the Division of Securities, and the Bureau of Financial
        Investigations.25

        Florida law broadly defines the term “financial institution” as a state or federal savings or thrift
        association, bank, savings bank, trust company, international bank agency, international banking
        corporation, international branch, international representative office, international administrative offic e,
        international trust entity, international trust company representative office, qualified limited service
        affiliate, credit union, or an agreement corporation operating pursuant to s. 25 of the Federal Reserve
        Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation organized pursuant to s. 25(a) of the Federal
        Reserve Act, 12 U.S.C. ss. 611 et seq.26

        Banks and credit unions in the United States are chartered and regulated under a dual banking
        system.27 These institutions may elect to have a national charter and a federal primary regulator, or
        they may choose to be chartered and regulated by the state in which they are headquartered. 28 OFR’s
        Division of Financial Institutions:
             Conducts periodic risk-based examinations and ensures that each state-chartered financial
                institution meets state and federal requirements for safety and soundness; 29 and
             Administers Florida’s financial institutions codes,30 which apply to all state-authorized and state-
                chartered financial institutions and to the enforcement of all laws relating to such institutions.31

        Under Florida law, the books and records of a financial institution are confidential and shall be made
        available for inspection and examination only:
            To OFR or its duly authorized representative;
            To any person duly authorized to act for the financial institution;
            To any federal or state instrumentality or agency authorized to inspect or examine the books
                and records of an insured financial institution;
            With respect to an international banking corporation or international trust entity, to the home-
                country supervisor of the international banking corporation or international trust entity, provided
                certain conditions are met;
            As compelled by legislative subpoena as provided by law;
            As compelled by a court of competent jurisdiction, pursuant to a subpoena issued pursuant to
                certain rules,32 or pursuant to a subpoena issued in accordance with state or federal law; 33
            Pursuant to a subpoena, to any federal or state law enforcement or prosecutorial instrumentality
                authorized to investigate suspected criminal activity;
            As authorized pursuant to the board of directors of the financial institution;

23 OFR is housed within the Financial Services Commission (Commission).         The Commission is comprised of four
members: the Governor, Attorney General, Chief Financial Officer, and the Commissioner of Agriculture. See Office of
Financial Regulation, Financial Services Commission, https://flofr.gov/sitepages/financialservicescommission.htm (last
visited Jan. 26, 2024).
24 S. 20.121(3)(a)2., F.S.
25 Office of Financial Regulation, Our Agency Divisions, https://flofr.gov/default.htm (last visited Jan. 26, 2024).
26 S. 655.005(1)(i), F.S.
27 Office of Financial Regulation, Agency Analysis of 2024 House Bill 515, p. 2 (Jan. 4, 2025).
28 Id.
29 Office of Financial Regulation, Division of Financial Institutions: What We Do,

https://flofr.gov/sitePages/DivisionOfFinancialInstitutions.htm (last visited Jan. 26, 2024).
30 Chs. 655-667, F.S.
31 Ss. 655.001(1) and 655.012(1), F.S.
32 Specifically, the Florida Rules of Civil Procedure, the Florida Rules of Criminal Procedure, or the Federal Rules of Civil

Procedure. See s. 655.059(1)(e), F.S.
33 Before the production of the books and records of a financial institution under these circumstances, the party seeking

production must reimburse the financial institution for the reasonable costs and fees incurred in compliance with the
production. If the parties disagree regarding the amount of reimbursement, the party seeking the records may request the
court or agency having jurisdiction to set the amount of reimbursement .
STORAGE NAME: h0515.IBS                                                                                               PAGE: 4
DATE: 1/30/2024
                   As otherwise provided by law.34

        A person who willfully violates the provisions of Florida law described above relating to unlawful
        disclosure of confidential information is guilty of a felony of the third degree, punishable as provided by
        Florida’s criminal laws.35

        Effect of the Bill

        The bill amends the Act to create definitions for the following terms:
            “Financial exploitation” means the wrongful or unauthorized taking, withholding, appropriation,
                or use of money, assets, or property of a specified adult; or any or omission by a person,
                including through the use of a power of attorney, guardianship, or conservatorship of a specified
                adult, to:
                    o Obtain control over the specified adult’s money, assets, or property through deception,
                         intimidation, or undue influence to deprive him or her of the ownership, use, benefit, or
                         possession of the money, assets, or property; or
                    o Divert the specified adult’s money, assets, or property to deprive him or her of the
                         ownership, use, benefit, or possession of the money, assets, or property.
            “Financial institution” means a state financial institution or a federal financial institution as those
                terms are defined under s. 655.005(1), F.S.36
            “Specified adult” means a natural person 65 years of age or older, or a vulnerable adult as
                defined in s. 415.102, F.S.37
            “Trusted contact” means a natural person 18 years of age or older whom the account owner has
                expressly identified and recorded in a financial institution’s books and records as the person
                who may be contacted about the account.

        The bill provides that if a financial institution reports suspected financial exploitation of a specified adult
        pursuant to s. 415.1034, F.S.,38 it may delay a disbursement or transaction from an account of a
        specified adult or an account for which a specified adult is a beneficiary or beneficial owner if two
        conditions are met. First, the financial institution must immediately initiate an internal review of the facts
        and circumstances that caused the employee of the financial institution to report the suspected financial
        exploitation.

        Second, not later than 3 business days after the date on which the delay was first placed, the financial
        institution must:
             Notify in writing all parties authorized to transact business on the account and any trusted
                 contact on the account, using the contact information provided for the account, with the
                 exception of any party an employee of the financial institution reasonably believes has engaged
                 in, is engaging in, has attempted to engage in, or will attempt to engage in the suspected



34 S. 655.059(1),   F.S. See s. 655.059(2) for a list of other persons that are authorized by Florida law to inspect the books
and records of a financial institution.
35 S. 655.059(1)(c), F.S. The specific provisions of Florida’s criminal laws under which a person may be punished for a

violation includes ss. 755.802, 755.083, and 755.084, F.S.
36 S. 655.005(1) defines “financial institution” as a state or federal savings or thrift association, bank, savings bank, trust

company, international bank agency, international banking corporation, international branch, international representative
office, international administrative office, international trust entity, international trust company representative office,
qualified limited service affiliate, credit union, or an agreement corporation operating pursuant to s. 25 of the Federal
Reserve Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation organized pursuant to s. 25(a) of the Federal Reserve Act,
12 U.S.C. ss. 611 et seq. “State financial institution” means a state-chartered or state-organized financial institution, and
“federal financial institution” means a federally or nationally chartered or organized financial institution. See ss.
655.005(1)(h), (i), and (w), F.S.
37 S. 415.102, F.S., defines “vulnerable adult” as a person 18 years of age or older whose ability to perform the normal

activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory,
long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
38 S. 415.1034, F.S., relates to mandatory reporting of abuse, neglect, or exploitation of vulnerable adults, and other

mandatory reports of death.
STORAGE NAME: h0515.IBS                                                                                                PAGE: 5
DATE: 1/30/2024
                 financial exploitation of the specified adult (the notice, which may be provided electronically,
                 must provide the reason for the delay); and
                Create and maintain for at least 5 years after the date of the delayed disbursement or
                 transaction a written or electronic record of the delayed disbursement or transaction that
                 includes, at a minimum, the following information:
                     o The date on which the delay was first placed;
                     o The name and address of the specified adult;
                     o The business location of the financial institution;
                     o The name and title of the employee who reported suspected financial exploitation of the
                         specified adult pursuant to s. 415.1034, F.S.;39 and
                     o The facts and circumstances that caused the employee to report suspected financial
                         exploitation.

        The financial institution must make the required information available for review upon request by DCF,
        any law enforcement agency conducting an investigation under s. 417.104, F.S., or any state or federal
        agency with regulatory authority over the financial institution. This proposed requirement appears to
        eliminate the necessity for a subpoena under certain circumstances. 40 While law enforcement is
        generally required to obtain a subpoena to access books and records, 41 the bill requires financial
        institutions to make these records available for review by law enforcement agencies that are engaged
        in an investigation under s. 417.104, F.S., regardless of whether the law enforcement agency has a
        subpoena or search warrant.42

        The bill provides that a delay on a disbursement or transaction expires 15 business days after the date
        on which the delay was first placed. However, the financial institution may extend the delay for up to 10
        additional business days if the financial institution’s review of the available facts and circumstances
        continues to support the reasonable belief that financial exploitation of the specified adult has occurred,
        is occurring, has been attempted, or will be attempted.

        The length of the delay may be shortened or extended at any time by a court of competent jurisdiction.
        However, a financial institution is not prevented from terminating a delay after communicating with the
        parties authorized to transact business on the account and any trusted contact on the account.

        The bill provides that a financial institution that acts in good faith and exercises reasonable care in
        complying with the bill’s provisions is immune from any administrative or civil liability that might
        otherwise arise from a delay in a disbursement or transaction. Further, the immunity provided by the bill
        does not supersede or diminish any immunity granted elsewhere in the Act.

        Before placing a delay on any disbursement or transaction pursuant to the bill, a financial institution
        must:
            Develop training policies or programs reasonably designed to educate employees on issues
               pertaining to financial exploitation of specified adults;
            Conduct training for all employees at least annually and maintain a written record of all trainings
               conducted; and
            Develop, maintain, and enforce written procedures regarding the manner in which suspected
               financial exploitation is reviewed internally, including, if applicable, the manner in which
               suspected financial exploitation is required to be reported to supervisory personnel.

        The bill provides that, absent a reasonable belief of financial exploitation, a financial institution’s
        obligations to parties authorized to transact business on an account or any trusted contact named on
        such account are not otherwise altered. Further, the bill does not create new rights for or impose new
        obligations on financial institutions under other applicable law.


39 S. 415.104,  F.S., relates to protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults, and
the transmittal of records to state attorneys pursuant to such investigations.
40 Office of Financial Regulation, supra note 27, p. 4.
41 See s. 655.059(1)(e), F.S.
42 Office of Financial Regulation, supra note 27, p. 4.
STORAGE NAME: h0515.IBS                                                                                                  PAGE: 6
DATE: 1/30/2024
       The bill also provides legislative intent.

   B. SECTION DIRECTORY:

       Section 1.         Creates s. 415.10341, F.S., relating to protection of specified adults.

       Section 2.         Provides an effective date of July 1, 2024.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill has an indeterminate positive impact on specified adults to the extent the bill allows financial
       institutions to delay a financial transaction if an employee at the institution reasonably suspects
       financial abuse of a specified adult. Accordingly, it is foreseeable that fewer specified adults will be able
       to effectuate a financial transaction procured by improper methods.

      The bill has an indeterminate negative impact on financial institutions to the extent that such institutions
      decide to delay disbursements as provided by the bill. Further, if the financial institution does decide to
      delay disbursements, the institution must first comply with the conditions provided by the bill.
   D. FISCAL COMMENTS:

       None.

                                                    III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

           Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:

           None.

STORAGE NAME: h0515.IBS                                                                                      PAGE: 7
DATE: 1/30/2024
     B. RULE-MAKING AUTHORITY:

         Not applicable. The rule does not amend or create rule-making authority.

     C. DRAFTING ISSUES OR OTHER COMMENTS:

         Lines 49-77: The language relating to legislative intent may be used unfavorably by courts in statutory
         interpretation. An amendment could address this possibility by removing the language from the bill.

         Lines 98-99: The requirement that a financial institution create and maintain for at least 5 years after
         the date of a delayed disbursement or transaction a written or electronic record of certain information
         seemingly creates a future obligation to a condition precedent. An amendment could address this issue
         by moving the requirement to maintain the records for 5 years to a new subsection of proposed s.
         415.10341, F.S.

         Lines 110-114: The provisions of the bill authorize a financial institution to make the name and address
         of a specified adult available to “any law enforcement agency” conducting an investigation under s.
         415.104, F.S. The following issues were pointed out by OFR in their formal analysis of these lines of
         the bill:
              The information required to be made available may be protected by the Right to Financial
                   Privacy Act (RFPA),12 U.S.C. § 3401 et seq.43 Pursuant to RFPA, a federal government
                   authority generally must seek a subpoena to access such books and records, and may only
                   request financial records pursuant to a formal written request under certain conditions, one of
                   which includes serving a copy of the request upon the customer.44 As the bill is drafted to
                   govern “any law enforcement agency,” it may be read to expand the powers of federal law
                   enforcement agencies to the extent they may be involved with such an investigation. 45 Further,
                   state-chartered banks and credit unions are subject to federal regulation from the Federal
                   Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA),
                   respectively.46 The lack of a subpoena requirement in lines 110-114 may conflict with various
                   regulations of FDIC and NCUA governing confidentiality. 47 As such, state-chartered banks and
                   credit unions may be forced to determine whether to comply with federal law or state law upon a
                   request from a law enforcement agency which is unaccompanied by a subpoena.48
              It is unclear whether the “request” referenced in these lines of the bill must be in writing and
                   whether, and how, the financial institution should maintain the request as a record. 49 As such, it
                   may be difficult or impossible for an OFR examiner to make a determination about which law
                   should apply to the release of records pertaining to specified adults, and whether the financial
                   institution acted in compliance.50

             An amendment could address the first issue by removing the requirement that the financial
             institution make the information available for review by the specified entities. An amendment could
             address the second issue by clarifying how the referenced request should be made.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




43 Office of Financial Regulation,   supra note 27, p. 7.
44 See 12 U.S.C. s. 3408. See also, Office of Financial Regulation,   supra note 27, p. 7.
45 Office of Financial Regulation,   supra note 27, p. 7.
46 Id.
47 Id.
48 Id.
49 Id.
50 Id.
STORAGE NAME: h0515.IBS                                                                                        PAGE: 8
DATE: 1/30/2024
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           HB 515                                                                                                2024




    1                                         A bill to be entitled
    2               An act relating to protection of specified adults;
    3               creating s. 415.10341, F.S.; defining terms; providing
    4               legislative findings and intent; authorizing financial
    5               institutions, under certain circumstances, to delay a
    6               disbursement or transaction from an account of a
    7               specified adult; requiring the financial institution
    8               to make certain information available upon request by
    9               certain entities; specifying that a delay on a
10                  disbursement or transaction expires on a certain date;
11                  authorizing the financial institution to extend the
12                  delay under certain circumstances; authorizing a court
13                  of competent jurisdiction to shorten or extend the
14                  delay; providing construction; granting financial
15                  institutions immunity from certain liability;
16                  providing construction; requiring financial
17                  institutions to take certain actions before placing a
18                  delay on a disbursement or transaction; providing
19                  construction; providing an effective date.
20
21         Be It Enacted by the Legislature of the State of Florida:
22
23                  Section 1.        Section 415.10341, Florida Statutes, is created
24         to read:
25                  415.10341        Protection of specified adults.—

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        HB 515                                                                                                2024




26               (1)         As used in this section, the term:
27               (a)         "Financial exploitation" means the wrongful or
28      unauthorized taking, withholding, appropriation, or use of
29      money, assets, or property of a specified adult; or any act or
30      omission by a person, including through the use of a power of
31      attorney, guardianship, or conservatorship of a specified adult,
32      to:
33               1.      Obtain control over the specified adult's money,
34      assets, or property through deception, intimidation, or undue
35      influence to deprive him or her of the ownership, use, benefit,
36      or possession of the money, assets, or property; or
37               2.      Divert the specified adult's money, assets, or property
38      to deprive him or her of the ownership, use, benefit, or
39      possession of the money, assets, or property.
40               (b)         "Financial institution" means a state financial
41      institution or a federal financial institution as those terms
42      are defined under s. 655.005(1).
43               (c)         "Specified adult" means a natural person 65 years of
44      age or older, or a vulnerable adult as defined in s. 415.102.
45               (d)         "Trusted contact" means a natural person 18 years of
46      age or older whom the account owner has expressly identified and
47      recorded in a financial institution's books and records as the
48      person who may be contacted about the account.
49               (2)         The Legislature finds that many persons in this state,
50      because of age or disability, are at increased risk of f inancial

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        HB 515                                                                                                2024




51      exploitation and loss of their assets, funds, investments, and
52      investment accounts. The Legislature further finds that
53      specified adults in this state are at a statistically higher
54      risk of being targeted for financial exploitation, regardless of
55      diminished capacity or other disability, because of their
56      accumulation of substantial assets and wealth compared to
57      younger age groups. In enacting this section, the Legislature
58      recognizes the freedom of specified adults to manage their
59      assets, make investment choices, and spend their funds, and
60      intends that such rights may not be infringed absent a
61      reasonable belief of financial exploitation as provided in this
62      section. The Legislature therefore intends to provide for the
63      prevention of financial exploitation of such persons. The
64      Legislature intends to encourage the constructive involvement of
65      financial institutions that take action based upon the
66      reasonable belief that specified adults who have accounts with
67      such financial institutions have been or are the su bject of
68      financial exploitation, and to provide financial institutions
69      and their employees immunity from liability for taking actions
70      as authorized herein. The Legislature intends to balance the
71      rights of specified adults to direct and control their assets ,
72      funds, and investments and to exercise their constitutional
73      rights consistent with due process with the need to provide
74      financial institutions the ability to place narrow, time -limited
75      restrictions on these rights in an effort to decrease specified

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         HB 515                                                                                                2024




 76      adults' risk of loss due to abuse, neglect, or financial
 77      exploitation.
 78               (3)         If a financial institution reports suspected financial
 79      exploitation of a specified adult pursuant to s. 415.1034, it
 80      may delay a disbursement or transaction from an account of a
 81      specified adult or an account for which a specified adult is a
 82      beneficiary or beneficial owner if all of the following apply:
 83               (a)         The financial institution immediately initiates an
 84      internal review of the facts and circumstances that caused an
 85      employee of the financial institution to report suspected
 86      financial exploitation.
 87               (b)         Not later than 3 business days after the date on which
 88      the delay was first placed, the financial institution:
 89               1.      Notifies in writing all parties authorized to transact
 90      business on the account and any trusted contact on the account,
 91      using the contact information provided for the account, with the
 92      exception of any party an employee of the financial institution
 93      reasonably believes has engaged in, is engaging in, has
 94      attempted to engage in, or will attempt to engage in the
 95      suspected financial exploitation of the specified adult. The
 96      notice, which may be provided electronically, must provide the
 97      reason for the delay.
 98               2.      Creates and maintains for at least 5 years after the
 99      date of the delayed disbursement or transaction a written or
100      electronic record of the delayed disbursement or transaction

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         HB 515                                                                                                2024




101      that includes, at minimum, the following information:
102               a.      The date on which the delay was first placed.
103               b.      The name and address of the specified adult.
104               c.      The business location of the financial institution.
105               d.      The name and title of the employee who reported
106      suspected financial exploitation of the specified adult pursuant
107      to s. 415.1034.
108               e.      The facts and circumstances that caused the employee to
109      report suspected financial exploitation.
110               (4)         The financial institution must make the information
111      required in subparagraph (3)(b)2. available for review upon
112      request by the department, any law enforcement agency conducting
113      an investigation under s. 415.104, or any state or federal
114      agency with regulatory authority over the financial institution.
115               (5)         A delay on a disbursement or transaction under
116      subsection (3) expires 15 business days after the date on which
117      the delay was first placed. However, the financial institution
118      may extend the delay for up to 10 additional business days if
119      the financial institution's review of the available facts and
120      circumstances continues to support the reasonable belief that
121      financial exploitation of the specified adult has occurred, is
122      occurring, has been attempted, or will be attempted. The length
123      of the delay may be shortened or extended at any time by a court
124      of competent jurisdiction. This subsection does not prevent a
125      financial institution from terminating a delay after

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         HB 515                                                                                                2024




126      communication with the parties authorized to transact business
127      on the account and any trusted contact on the account.
128               (6)         A financial institution that acts in good faith and
129      exercises reasonable care to comply with this section is immune
130      from any administrative or civil liability that might otherwise
131      arise from such delay in a disbursement or transaction in
132      accordance with this section. This subsection does not supersede
133      or diminish any immunity granted elsewhere in this chapter.
134               (7)         Before placing a delay on a disbursement or
135      transaction pursuant to this section, a financial institution
136      must do all of the following:
137               (a)         Develop training policies or programs reasonably
138      designed to educate employees on issues pertaining to financial
139      exploitation of specified adults.
140               (b)         Conduct training for all employees at least annually
141      and maintain a written record of all trainings conducted.
142               (c)         Develop, maintain, and enforce written procedures
143      regarding the manner in which suspected financial exploitation
144      is reviewed internally, including, if applicable, the manner in
145      which suspected financial exploitation is required to be
146      reported to supervisory personnel.
147               (8)         Absent a reasonable belief of financial exploitation
148      as provided in this section, this section does not otherwise
149      alter a financial institution's obligations to all parties
150      authorized to transact business on an account and any trusted

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         HB 515                                                                                                2024




151      contact named on such account.
152               (9)         This section does not create new rights for or impose
153      new obligations on a financial institution under other
154      applicable law.
155               Section 2.         This act shall take effect July 1, 2024.




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                       INSURANCE & BANKING SUBCOMMITTEE

                                 HB 515 by Rep. Silvers
                              Protection of Specified Adults

                                 AMENDMENT SUMMARY
                                    February 1, 2024

Amendment 1 by Rep. Silvers (Line 43): The amendment makes the following changes:
   •   Changes the definition of a “specified adult” to mean a natural person 70 years of age or
       older, rather than 65 years of age or older;
   •   Provides that a delay on a disbursement or transaction expires 5 business days after
       date on which the delay was first placed, rather than 15 business days;
   •   Allows a financial institution to extend a delay for up to 7 additional calendar days under
       certain circumstances, rather than 10 additional business days; and
   •   Removes the proposed grant of administrative and civil immunity to a financial institution
       based on certain circumstances.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 515    (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Insurance & Banking
 2     Subcommittee
 3     Representative Silvers offered the following:
 4
 5          Amendment
 6          Remove lines 43-152 and insert:
 7          (c)    "Specified adult" means a natural person 70 years of
 8     age or older, or a vulnerable adult as defined in s. 415.102.
 9          (d)    "Trusted contact" means a natural person 18 years of
10     age or older whom the account owner has expressly identified and
11     recorded in a financial institution's books and records as the
12     person who may be contacted about the account.
13          (2)    The Legislature finds that many persons in this state,
14     because of age or disability, are at increased risk of financial
15     exploitation and loss of their assets, funds, investments, and
16     investment accounts. The Legislature further finds that
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                                   Page 1 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 515   (2024)
       Amendment No. 1


17     specified adults in this state are at a statistically higher
18     risk of being targeted for financial exploitation, regardless of
19     diminished capacity or other disability, because of their
20     accumulation of substantial assets and wealth compared to
21     younger age groups. In enacting this section, the Legislature
22     recognizes the freedom of specified adults to manage their
23     assets, make investment choices, and spend their funds, and
24     intends that such rights may not be infringed absent a
25     reasonable belief of financial exploitation as provided in this
26     section. The Legislature therefore intends to provide for the
27     prevention of financial exploitation of such persons. The
28     Legislature intends to encourage the constructive involvement of
29     financial institutions that take action based upon the
30     reasonable belief that specified adults who have accounts with
31     such financial institutions have been or are the subject of
32     financial exploitation. The Legislature intends to balance the
33     rights of specified adults to direct and control their assets,
34     funds, and investments and to exercise their constitutional
35     rights consistent with due process with the need to provide
36     financial institutions the ability to place narrow, time-limited
37     restrictions on these rights in an effort to decrease specified
38     adults' risk of loss due to abuse, neglect, or financial
39     exploitation.
40          (3)   If a financial institution reports suspected financial
41     exploitation of a specified adult pursuant to s. 415.1034, it
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                                  Page 2 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 515   (2024)
       Amendment No. 1


42     may delay a disbursement or transaction from an account of a
43     specified adult or an account for which a specified adult is a
44     beneficiary or beneficial owner if all of the following apply:
45          (a)    The financial institution immediately initiates an
46     internal review of the facts and circumstances that caused an
47     employee of the financial institution to report suspected
48     financial exploitation.
49          (b)    Not later than 3 business days after the date on which
50     the delay was first placed, the financial institution:
51          1.    Notifies in writing all parties authorized to transact
52     business on the account and any trusted contact on the account,
53     using the contact information provided for the account, with the
54     exception of any party an employee of the financial institution
55     reasonably believes has engaged in, is engaging in, has
56     attempted to engage in, or will attempt to engage in the
57     suspected financial exploitation of the specified adult. The
58     notice, which may be provided electronically, must provide the
59     reason for the delay.
60          2.    Creates and maintains for at least 5 years after the
61     date of the delayed disbursement or transaction a written or
62     electronic record of the delayed disbursement or transaction
63     that includes, at minimum, the following information:
64          a.    The date on which the delay was first placed.
65          b.    The name and address of the specified adult.
66          c.    The business location of the financial institution.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 515   (2024)
       Amendment No. 1


67          d.    The name and title of the employee who reported
68     suspected financial exploitation of the specified adult pursuant
69     to s. 415.1034.
70          e.    The facts and circumstances that caused the employee to
71     report suspected financial exploitation.
72          (4)    The financial institution must make the information
73     required in subparagraph (3)(b)2. available for review upon
74     request by the department, any law enforcement agency conducting
75     an investigation under s. 415.104, or any state or federal
76     agency with regulatory authority over the financial institution.
77          (5)    A delay on a disbursement or transaction under
78     subsection (3) expires 5 business days after the date on which
79     the delay was first placed. However, the financial institution
80     may extend the delay for up to 7 additional calendar days if the
81     financial institution's review of the available facts and
82     circumstances continues to support the reasonable belief that
83     financial exploitation of the specified adult has occurred, is
84     occurring, has been attempted, or will be attempted. The length
85     of the delay may be shortened or extended at any time by a court
86     of competent jurisdiction. This subsection does not prevent a
87     financial institution from terminating a delay after
88     communication with the parties authorized to transact business
89     on the account and any trusted contact on the account.
90          (6)    Before placing a delay on a disbursement or
91     transaction pursuant to this section, a financial institution
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 515    (2024)
        Amendment No. 1


 92     must do all of the following:
 93          (a)   Develop training policies or programs reasonably
 94     designed to educate employees on issues pertaining to financ ial
 95     exploitation of specified adults.
 96          (b)   Conduct training for all employees at least annually
 97     and maintain a written record of all trainings conducted.
 98          (c)   Develop, maintain, and enforce written procedures
 99     regarding the manner in which suspected financial exploitation
100     is reviewed internally, including, if applicable, the manner in
101     which suspected financial exploitation is required to be
102     reported to supervisory personnel.
103          (7)   Absent a reasonable belief of financial exploitation
104     as provided in this section, this section does not otherwise
105     alter a financial institution's obligations to all parties
106     authorized to transact business on an account and any trusted
107     contact named on such account.
108          (8)   This section does not create new rights for or impose




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                                   Page 5 of 5
HB 1029
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1029 My Safe Florida Condominium Pilot Program
SPONSOR(S): Lopez, V. and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1366

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fortenberry        Lloyd

  2) State Administration & Technology
     Appropriations Subcommittee

  3) Commerce Committee

                                                     SUMMARY ANALYSIS

The My Safe Florida Home (MSFH) Program was created in 2006 within the Department of Financial Services
(DFS) to perform mitigation inspections of site-built, single-family, residential properties (inspections), and
mitigation grants (grants) to eligible applicants to make their homes less vulnerable to hurricane damage. The
MSFH Program received $250 million in appropriations for the Fiscal Year 2006-2007, but was not funded again
until 2022. Since then, the Legislature has provided approximately $433 million in subsequent additional funding
to the MSFH Program.

Mitigation inspections are limited to homesteaded properties. Funds may be used to inspect townhouses to
determine if opening protection mitigation would help decrease the risk of hurricane damage and grant funds
may be used to pay for such opening protection mitigation if warranted. The value of the mitigation grant-
eligible homes is currently $700,000. While initially limited to homes within the wind-borne debris region, the
MSFH Program is currently a statewide program.

The bill establishes within DFS the My Safe Florida Condominium Pilot Program ( MSFCP Program), with the
intent that the Program provide licensed inspectors to perform inspections for and grants to eligible
associations, as funding allows. Under the MSFCP Program, DFS must provide fiscal accountability, contract
management, and strategic leadership for the MSFCP Program, consistent with the bill’s provisions. The
MSFCP Program must be implemented pursuant to appropriations, and is subject to annual legislative
appropriations thereafter.

Essentially, the bill provides to condominium owners a program similar to that of the MSFH Program in regards
to requirements for participation, hurricane mitigation inspectors and inspections, eligibility for mitigation grants,
contract management by DFS, and required annual reports.

The bill has no impact on state or local government revenues and expenditures. The implementation of the
MSFCP Program is subject to funding separate from the bill. The bill may have a positive direct economic
impact on the private sector.

The bill provides an effective date of July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1029.IBS
DATE: 1/31/2024
                                                  FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:

          Background

          In 2006, the Legislature created the My Safe Florida Home (MSFH) Program within the Department of
          Financial Services (DFS) with the intent that the Program provide trained and certified inspectors to
          perform inspections for owners of site-built, single-family, residential properties (mitigation inspections)
          and grants to eligible applicants, subject to funding availability. 1 The purpose of the MSFH Program
          was to “develop and implement a comprehensive and coordinated approach for hurricane damage
          mitigation.”2 The MSFH program allowed DFS to undertake a public outreach and advertising campaign
          to inform consumers of the availability, and benefits, of the mitigation inspections and grants. 3 It
          required the development of brochures for distribution to general contractors, roofing contractors, and
          real estate brokers and sales associates to explain the benefits of residential hurricane damage
          mitigation to homeowners.4

          Hurricane Mitigation Inspections

          The purpose of the mitigation inspections was to determine:
              What mitigation measures were needed;
              What insurance premium discounts might have been available; and
              What improvements to existing residential properties were needed to reduce the properties’
                 susceptibility to hurricane damage.5

          The mitigation inspections had to include, at a minimum:
              A report that summarized the results and identified recommended improvements the
                 homeowner could take to mitigate hurricane damage;
              A range of cost estimates regarding the recommended mitigation improvements; and
              Insurer-specific information regarding premium discounts correlated to current and
                 recommended hurricane mitigation improvements.6

          DFS was required to maintain a list of hurricane mitigation inspectors who were authorized to conduct
          the mitigation inspections for the MSFH Program.7 DFS entered contracts with wind certification entities
          to provide mitigation inspections. In order to be eligible for the contracts, the entities had to use
          hurricane mitigation inspectors who, at a minimum:
               Were certified building inspectors;
               Were licensed as general or residential contractors;
               Were licensed and professional engineers and had passed the appropriate equivalency test of
                  the building code training program;
               Were licensed professional architects; or
               Had at least two years of experience in residential construction or residential building inspection
                  and had received specialized training in hurricane mitigation procedures. 8

          Mitigation Grants

          The purpose of the mitigation grants component of the MSFH Program was to retrofit single-family

1 S. 215.5586, F.S.
2 Id.
3 S. 215.5586(3), F.S.
4 S. 215.5586(7), F.S.
5 S. 215.5586(1)(a), F.S.
6 Id.
7 S. 215.55186(6), F.S.
8 S. 215.5586(1)(b), F.S.

STORAGE NAME: h1029.IBS                                                                                        PAGE: 2
DATE: 1/31/2024
           homes to make them less vulnerable to hurricane damage. 9 To be eligible for a grant, the following
           criteria must have been met:
                 The homeowner must have had a homestead exemption on the home to be retrofitted;
                 The home must have had an insured value of $300,000 or less, unless the homeowner was
                    classified as a low-income person;
                 The home must have undergone an acceptable hurricane mitigation inspection after May 1,
                    2007;
                 The home must have been located in the “wind-borne debris region” as defined in the
                    International Building Code; and
                 The building permit application for initial construction of the home must have been made before
                    March 1, 2002.10

           In addition, the homeowner had to match the grant award on a dollar-for-dollar basis up to $10,000, for
           the actual cost of the mitigation project, and the state’s contribution could not exceed $5,000. 11 Low-
           income homeowners were eligible for grants of up to $5,000, and were not required to provide a
           matching amount to receive a grant.12 Matching fund grants were also available to local governments
           and nonprofit entities for projects to reduce hurricane damages to single-family homes.13

           Grants could be used on previously-inspected existing structures or on rebuilds.14 If recommended by a
           hurricane mitigation inspection, grants could be used for the following improvements:
                Opening protection.
                Upgrading exterior doors, including garage doors.
                Bracing gable ends.
                Reinforcing roof-to-wall connections.
                Improving the strength of roof-deck attachments.
                Upgrading roof coverings from code to code plus.
                Installing secondary water barrier for roofs.15

           DFS was required to issue an annual report on the activities of the MSFH Program that accounted for
           the use of any appropriated state funds, the number of inspections requested and performed, the
           number of grant applications received, and the number and value of grants approved. 16

           The MSFH Program was appropriated $250 million in Fiscal Year 2006-07.17 As of May 2009,
           approximately $93 million in MSFH grants were allocated to 32,000 homes, and approximately 400,000
           homes received a MSFH home inspection.18 DFS requested that Risk Management Solutions (RMS),
           conduct an impact analysis of the MSFH program, and RMS released a report of the impact analysis on
           May 14, 2009 (report).19 In the report, RMS concluded that the MSFH grants were beneficial to the
           State of Florida, individual homeowners, and the insurance industry. 20 RMS indicated that the predicted
           reduction in loss as a result of the grant projects completed far exceeded the grant money spent.21
           While the MSFH Program was never repealed from law, additional funding was not provided until May
           2022.

           2022 Renewal of the MSFH Program

9 S. 215.5586(2), F.S.
10 Id.
11
     Id.
12 Id.
13 Id.
14 Rebuilds were defined as site-built, single-family dwellings under construction to replace homes that were destroyed or significantly

damaged by hurricanes and deemed unlivable by a regulatory authority. S. 215.5586(2)(e), F.S.
15 S. 215.5586(2)(e), F.S.
16 S. 215.5586(10), F.S.
17 Risk Management Solutions, Analyzing the Effects of the My Safe Florida Home Program on Florida Insura nce Risk, May 14, 2009,

https://www.ipcc.ch/apps/njlite/srex/njlite_download.php?id=5036 (last visited Jan. 26, 2024).
18 Id.
19 Id.
20 Id.
21 Id.

STORAGE NAME: h1029.IBS                                                                                                          PAGE: 3
DATE: 1/31/2024
         During the 2022D Special Session, the Legislature passed a property insurance bill (SB 2-D), in which
         it renewed the funding for the MSFH Program by appropriating $150 million in nonrecurring funds from
         General Revenue (GR) to DFS for the Program for the 2022-2023 fiscal year. The funds appropriated
         were allocated as follows:
               $115 million for mitigation grants.
               $25 million for hurricane mitigation inspections.
               $4 million for education and consumer awareness.
               $1 million for public outreach for contractors and estate brokers and sales associates.
               $5 million for administrative costs.

         SB 2-D reappropriated any unexpended balance of funds from the appropriation remaining on June 30,
         2023, to DFS for the 2023-2024 fiscal year to be used for the MSFH Program. The appropriation will
         expire on October 1, 2024. SB 2-D gave DFS the authority to adopt emergency rules to implement the
         MSFH Program.

         SB 2-D made additional modifications to the MSFH Program. It required that an application for a
         mitigation grant include a provision that requires an applicant to make his or her home available for
         inspection once a mitigation project is completed. The bill changed the monetary limits for eligibility for
         mitigation grants so that homes with an insured value of $500,000, or less, qualify for the program.

         SB 2-D required that homes that receive mitigation grants have undergone home mitigation inspections
         after July 1, 2008, and have received permits for initial construction before January 1, 2008. The
         homeowner must also match grant funds on the basis of $1 from the homeowner for every $2 provided
         by the state up to a maximum state contribution of $10,000 towards the actual cost of the mitigation
         project undertaken on the eligible home.

         The bill enhanced the reporting requirements for DFS under the MSFH Program by requiring that the
         report include the following received by homeowners from insurers as a result of the mitigation funded
         by the program:
              The average annual amount of insurance premium discounts; and
              The total annual amount of insurance premium discounts.

         2022 MSFH Program Implementation

         Following the passage of SB 2-D, DFS procured a vendor to administer the MSFH Program, qualified
         inspectors to conduct mitigation inspections, and qualified contractors who agreed to provide mitigation
         repairs and retrofitting under the grant portion of the Program.22 DFS compiled a list of approved
         vendors that homeowners participating in the MSFH Program may choose for inspections and
         mitigation work.23

         On November 18, 2022, a web-based application for homeowners to request mitigation inspections and
         grant funds went live.24 Between May 26, 2022 and February 28, 2023, 16,724 mitigation inspections
         were completed and 2,979 grant applications were approved. 25

         Inspectors completing mitigation inspections under the MSFH Program must complete the Uniform
         Mitigation Verification Inspection Form (Inspection Form), as revised by the Office of Insurance
         Regulation on January 12, 2023.26 The mitigation inspection report provided to the homeowner includes
         the completed Inspection Form, as well as the information already required by statute,27 including:
              A summary of the results of the mitigation inspection identifying recommended improvements a
                 homeowner may undertake;

22 Florida Department of Financial Services, Agency Analysis of 2023 House Bill 881, p. 1 (Mar. 1, 2023).
23 Id.
24 Id.
25 Id.
26 Id.
27 S. 215.5586(1)(a), F.S.

STORAGE NAME: h1029.IBS                                                                                       PAGE: 4
DATE: 1/31/2024
                 A range of cost estimates regarding the recommended improvements; and
                 Estimated property insurance premium discounts based on the mitigation measures the
                  homeowner has completed.28

         2023 Developments to the MSFH Program

         Following the significant interest in the program in 2022 and early 2023, the Legislature made
         additional changes to the statutory framework for the MSFH Program during the 2023 Regular Session.
         These changes included changes to the inspection and grant eligibility requirements, and program
         management changes.

         Single-family home eligibility for mitigation inspections was limited only to homesteaded properties.29
         Funds from the MSFH Program may now be used to inspect townhouses to determine if opening
         protection mitigation would help decrease the risk of hurricane damage. 30 If an inspection determines
         that opening protection mitigation would decrease such risk, grant funds from the MSFH Program may
         be used to pay for the mitigation.31 The value of the mitigation grant-eligible homes was also increased
         from $500,000 to $700,000.32

         The designation of a specific portion of the grant funds for low-income recipients was removed, but
         increases the overall grant award for low-income recipients from $5,000 to $10,000.33 The program’s
         geographic eligibility area was broadened to include otherwise in eligible homes outside the wind-borne
         debris region, in effect making it a statewide program.

         Among the project management changes implemented, home inspectors must be licensed, in addition
         to certified.34 This requirement conforms with other statutory chapters that address home inspectors.

         Funding for the MSFH Program

         As of December 2023, the Legislature has appropriated a total of $433 million for the MSFH Program
         since May 2022.35 In addition to the $150 million appropriated during the 2022D Special Session, this
         includes $100 million in grant funding appropriated during the 2023 Regular Session and an additional
         $176 million in grant funding appropriated during the 2023C Special Session.36

         Results of the MSFH Program

         Between November 2022, and December 2023, the MSFH Program has provided more than 94,000
         homeowners with hurricane mitigation inspections and approved more than 23,000 grant applications. 37
         Over 73 percent of those homeowners who have completed participation in the grant component of the
         MSFH Program have seen their homeowners insurance premiums drop or stabilize, and many are
         paying premiums at or below the state average.38 According to DFS, upon applying to the MSFH
         Program, the average premium of the applicants was 55.1 percent higher than the average Florida
         homeowner’s premium.39 Based upon the decrease in premium following participation, DFS has
         concluded that the MSFH Program participation is comprised of higher-than-average risk homeowners,


28 Department of Financial Services, supra note 22, at 2.
29 The homestead requirement was already in place for the grant portion of the MSFH Program under s. 215.5586(2), F.S., prior to the

2023 Regular Session.
30 S. 215.5586(1)(a), F.S.
31 S. 215.5586(2)(f), F.S.
32 S. 215.5586(2)(e)2., F.S.
33 S. 215.5586(2)(h), F.S.
34 S. 215.5586, F.S.
35 Department of Financial Services, 2023 Annual Report of My Safe Florida Home, p. 1.
36 Id. at p. 6. The mitigation grant funding is by far the largest component of the MSFH Program.
37 Id. at p. 1. Because the grant portion of the MSFH Program is fulfille d based on reimbursement to homeowners after proof of

completion of mitigation projects, the money to fulfill these grants has been reserved, but not all of it has been paid to th e homeowners
yet.
38 Id.
39 Id. at p. 2.

STORAGE NAME: h1029.IBS                                                                                                           PAGE: 5
DATE: 1/31/2024
         which is consistent with the goal of helping those with homes at greatest risk. 40

         Condominiums

         While the current MSFH Program provides for the inspections of, and some mitigation projects to,
         townhouses, Florida law does not currently provide a program for condominium owners similar to the
         MSFH Program.

         Effect of the Bill

         The bill establishes within DFS the My Safe Florida Condominium Pilot Program ( MSFCP Program),
         with the intent that the Program provide licensed inspectors to perform inspections for and grants to
         eligible associations, as funding allows. Under the MSFCP Program, DFS must provide fiscal
         accountability, contract management, and strategic leadership for the MSFCP Program, consistent with
         the bill’s provisions.

         The MSFCP Program must be implemented pursuant to appropriations, and is subject to annual
         legislative appropriations thereafter. The bill provides that its provisions do not create an entitlem ent for
         associations or unit owner or obligate the state in any way to fund the inspection or retrofitting of
         condominiums in Florida.

         Essentially, the bill provides to condominium owners a program similar to that of the MSFH Program.

         Definitions

         The bill creates definitions for the following terms:
             “Association” means, in addition to any entity responsible for the operation of common elements
                 owned in undivided shares by unit owners, any entity which operates or maintains other real
                 property in which unit owners have use rights, where membership in the entity is composed
                 exclusively of unit owners or their elected or appointed representatives and is a required
                 condition of unit ownership.41
             “Association property” means that property, real and personal, which is owned or leased by, or
                 is dedicated by a recorded plat to, the association for the use and benefit of its members. 42
             “Board of administration” means the board of directors or other representative body which is
                 responsible for administration of the association.43
             “Condominium” means that form of ownership of real property created pursuant to ch. 718, F.S.,
                 which is comprised entirely of units that may be owned by one or more persons, and in which
                 there is, appurtenant to each unit, an undivided share in common elements.44
             “Property” means association property and condominium property, as applicable.
             “Rebuild” means property under construction to replace a structure that was destroyed or
                 significantly damaged by a hurricane and deemed unlivable by a regulatory authority.
             “Unit” means a part of the condominium property which is subject to exclusive ownership. A unit
                 may be in improvements, land, or land and improvements together, as specified in an
                 association’s declaration.45
             “Unit owner” means a record owner of legal title to a condominium parcel.46

         Participation

         The bill provides that, to apply for an inspection or grant for association property or condominium


40 Id.
41 See s. 718.103(3), F.S.
42 See s. 718.103(4), F.S.
43 See s. 718.103(5), F.S.
44 See s. 718.103(12), F.S.
45 See s. 718.103(29), F.S.
46 See s. 718.103(30), F.S.
STORAGE NAME: h1029.IBS                                                                                         PAGE: 6
DATE: 1/31/2024
         property, an association must receive approval by a majority vote of the board of administration or a
         majority vote of the total voting interests of the association to participate in the pilot program.

         Additionally, to apply for a grant which improves one or more units within a condominium, an
         association must receive both of the following:
             Approval by a majority vote of the board of administration or a majority vote of the total voting
                 interests of the association to participate in a mitigation inspection.
             A unanimous vote of all unit owners within the structure or building that is the subject of the
                 mitigation grant.

         The votes required by this section of the bill may take place at the annual budget meeting of the
         association or at a unit owner meeting called for the purpose of taking such vote. However, before a
         vote of the unit owners can be taken, the association must provide to the unit owners a clear disclosure
         of the MSFCP Program on form created by DFS. The bill further provides that:
              The president and the treasurer of the board of administration must sign the disclosure form
                 indicating that a copy of the form was provided to each unit owner of the association;
              The signed disclosure form and the minutes from the meeting at which the unit owners voted to
                 participate in the MSFCP Program must be maintained as part of the official records of the
                 association;
              Within 14 days after an affirmative vote to participate in the MSFCP Program, the association
                 must provide written notice in the same manner as required under s. 718.112(2)(d), F.S., 47 to all
                 unit owners of the decision to participation in the MSFCP Program.

         The bill provides that a unit owner may participate in the MSFCP Program through a mitigation grant
         awarded to the association, but a unit owner may not participate individually in the MSFCP Program.

         Hurricane Mitigation Inspectors

         Licensed inspectors under the MSFCP Program are to provide inspections of the property to determine
         the mitigation measures that are needed, the insurance premium discounts that may be available to the
         association, and the improvements to existing properties of the association that are needed to reduce a
         property’s vulnerability to hurricane damage.

         The bill requires DFS to contract with wind certification entities to provide hurricane mitigation
         inspections. To qualify for selection by DFS as a wind certification entity to provide hurricane mitigation
         inspections, the entity must, at a minimum, meet all of the following requirements:
              Use hurricane mitigation inspectors who are licensed or certified as a:
                     o Building inspector,
                     o General, building, or residential contractor,
                     o A professional engineer,
                     o A professional architect, or
                     o A home inspector who has completed at least 3 hours of hurricane mitigation training
                         approved by the Construction Industry Licensing Board, which must include hurricane
                         mitigation techniques, compliance with the uniform mitigation verification form, and
                         completion of a proficiency exam;
              Use hurricane mitigation inspectors who have undergone drug testing and a background
                 screening;48 and
              Provide a quality assurance program including a reinspection component.

         Hurricane Mitigation Inspections

47 Section 718.112(2)(d),  F.S., are Florida’s laws relating to unit owner meetings of condominium associations.
48 The bill provides that DFS may conduct criminal record checks of inspectors used by wind certification entities. Under
the bill, inspectors must submit a set of fingerprints to DFS for state and national criminal history checks and must pay a
fingerprint processing fee. The fingerprints must be sent by DFS to the Department of Law Enforcement and forwarded to
the Federal Bureau of Investigation for processing. The results must be returned to DFS for screening. The fingerprints
must be taken by a law enforcement agency, designated examination center, or other DFS-approved entity.
STORAGE NAME: h1029.IBS                                                                                             PAGE: 7
DATE: 1/31/2024
        The bill provides that the inspections provided to an association under the MSFCP Program must, at a
        minimum, include all of the following:
            An inspection of the property, and a report that summarizes the results and identifies
                recommended improvements the association may take to mitigate hurricane damage;
            A range of cost estimates regarding the recommended mitigation improvements; and
            Information regarding estimated insurance premium discounts, correlated to the current
                mitigation features and the recommended mitigation improvements identified by the inspection.

        An application for an inspection must contain a signed or electronically verified statement made under
        penalty of perjury by the president of the board of administration that the association has submitted only
        a single application for each property that the association operates or maintains. Additionally, an
        association may apply for an deceive an inspection without also applying for a grant.

        Mitigation Grants

        Financial grants under the MSFCP Program may be used to encourage associations to retrofit the
        property the association operates and maintains in order to make such property less vulnerable to
        hurricane damage. The bill provides that an application for a mitigation grant must:
             Contain a signed or electronically verified statement made under penalty of perjury by the
               president of the board of administration that the association has submitted only a single
               application for each property that the association operates or maintains;
             Include a notarized statement from the president of the board of administration containing the
               name and license number of the contractor the association intends to use for the mitigation
               project; and
             Include a notarized statement from the president of the board of administration which commits
               to DFS that the association will complete the mitigation improvements. 49

        An association may select its own contractor for the mitigation project, provided such contractor meets
        all qualification, certification, or licensing requirements in general law. A mitigation project must be
        performed by a properly licensed contractor who has secured all required local permits necessary for
        the project. DFS must electronically verify that the contractor's state license number is accurate and up
        to date before approving a grant application.

        An association awarded a grant must complete the entire mitigation project to receive the final grant
        award and must agree to make the property available for a final inspection once the mitigation project is
        finished to ensure the mitigation improvements are completed in a matter consistent with the intent of
        the MSFCP Program and meet or exceed the applicable Florida Building Code requirements.

        Construction must be completed and the association must submit a request to DFS for a final
        inspection, or request an extension of time, within 1 year after receiving grant approval. If the
        association fails to comply with these provisions, the application is deemed abandoned and the grant
        money reverts back to DFS.

        All grants must be matched on the basis of $1 provided by the association for $2 provided by the state,
        up to a maximum contribution as provided in the General Appropriations Act. When recommended by a
        hurricane mitigation inspection report, grants for eligible associations may be used for the following
        improvements:
              Opening protection.
              Exterior doors, including garage doors.
              Reinforcing roof-to-wall connections.
              Improving the strength of roof-deck attachments.
              Secondary water barrier for roof.


49 If the grant will be used to improve
                                     units, the application must also include an acknowledged statement from each unit
owner who is required to provide approval for a grant under the other applicable provision of the bill.
STORAGE NAME: h1029.IBS                                                                                          PAGE: 8
DATE: 1/31/2024
       On the other hand, the association may not use a mitigation grant to install the same type of
       improvements that were previously installed or pay a deductible for a pending insurance claim for
       damage that is part of the property for which grant funds are being received. However, grants may be
       used for a previously inspected existing structure on the property or for a rebuild.

       If improvements to protect the property which complied with the current applicable building code at the
       time have been previously installed, the association must use a mitigation grant to install improvements
       that do both of the following:
             Comply with or exceed the applicable building code in effect at the time the association applied
               for the grant.
             Provide more hurricane protection than the improvements that the association previously
               installed.

       The bill requires DFS to develop a process that ensures the most efficient means to collect and verify
       grant applications to determine eligibility and may direct hurricane mitigation inspectors to collect and
       verify grant application information or use the internet or other electronic means to collect information
       and determine eligibility.

       Contract Management

       The bill allows DFS to contract with third parties for grants management, inspection services, contractor
       services, information technology, educational outreach, and auditing services. Such contracts are
       considered direct costs of the MSFCP Program and are not subject to administrative cost limits. DFS
       must contract with providers that have a demonstrated record of successful business operations in
       areas directly related to the services to be provided and must ensure the highest accountability for use
       of state funds, consistent with the bill’s provisions.

       Further, the bill requires DFS to implement a quality assurance and reinspection program that
       determines whether initial inspections and mitigation improvements are completed in a manner
       consistent with the intent of the MSFCP Program. DFS may use a valid random sampling in order to
       perform the quality assurance portion of the MSFCP Program.

       Reports

       By February 1 of each year, DFS must submit a report to the President of the Senate and the Speaker
       of the House of Representatives on the activities of the MSFCP Program and the use of state funds.
       The report must include all of the following information:
            The number of inspections requested;
            The number of inspections performed;
            The number of grant applications received;
            The number of grants approved and the monetary value of each grant;
            The estimated average annual amount of insurance premium discounts each association
               received and the total estimated annual amount of insurance premium discounts received by all
               associations participating in the MSFCP Program; and
            The estimated average annual amount of insurance premium discounts each unit owner
               received as a result of the improvements to the building or structure.

   B. SECTION DIRECTORY:

       Section 1.         Creates s. 215.5587, F.S., relating to My Safe Florida Condominium Pilot Program.

       Section 2.         Provides an effective date of July 1, 2024.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

STORAGE NAME: h1029.IBS                                                                                    PAGE: 9
DATE: 1/31/2024
       1. Revenues:

           None.

       2. Expenditures:

           See Fiscal Comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       To the extent that homes that participate in the MSFCP Program receive mitigation credits or premium
       discounts under their property insurance policies and are less exposed to risk as a result of mitigation
       retrofitting using grant funds, the MSFCP Program may have a positive direct economic impact on
       homeowners. Hurricane mitigation inspectors and contractors may also see an increase in activity.

   D. FISCAL COMMENTS:

       The bill has no direct impact on state government expenditures. Instead, the bill establishes that the
       MSFCP Program will be implements subject to separate funding.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

           Not applicable. This bill does not appear to affect county or municipal governments.


       2. Other:

           None.

   B. RULE-MAKING AUTHORITY:

       The bill does not authorize DFS to adopt rules to administer the MSFCP Program. However,
       rulemaking authority should be considered to align this program with the rulemaking authority for the
       MSFH Program.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       See Rule-making Authority.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1029.IBS                                                                                  PAGE: 10
DATE: 1/31/2024
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           HB 1029                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to the My Safe Florida Condominium
    3                Pilot Program; creating s. 215.5587, F.S.;
    4                establishing the My Safe Florida Condominium Pilot
    5                Program within the Department of Financial Services;
    6                providing legislative intent; providing definitions;
    7                providing requirements for associations and unit
    8                owners to participate in the pilot program; providing
    9                voting requirements; requiring the department to
10                   contract with specified entities for certain
11                   inspections; providing requirements for such entities;
12                   authorizing the department to conduct criminal record
13                   checks of certain inspectors; requiring inspectors to
14                   submit fingerprints and processing fees to the
15                   department; providing requirements for hurricane
16                   mitigation inspectors and inspections; requiring
17                   applications for inspections and grants to include
18                   specified statements; authorizing an association to
19                   receive an inspection without applying for a
20                   mitigation grant; providing mitigation grants for a
21                   specified purpose; providing requirements for an
22                   association receiving a mitigation grant; authorizing
23                   an association to select is own contractor if such
24                   contractor meets certain requirements; requiring the
25                   department to electronically verify a contractor's

                                                        Page 1 of 12

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1029-00
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        HB 1029                                                                                               2024




26                state license; requiring construction to be completed
27                and the association to submit a request for a final
28                inspection within a specified time period; requiring
29                mitigation grants to be matched by the association;
30                providing a maximum state contribution based on the
31                General Appropriations Act; providing requirements for
32                mitigation projects; providing how mitigation grants
33                may be used; requiring the department to develop a
34                specified process to ensure efficiency; authorizing
35                the department to contract for certain services;
36                providing requirements for such contracts; requiring
37                the department to implement a quality assurance and
38                reinspection program; requiring the department to
39                submit to the Legislature an annual report with
40                specified information; providing an effective date.
41
42      Be It Enacted by the Legislature of the State of Florida:
43
44                Section 1.       Section 215.5587, Florida Statutes, is created
45      to read:
46                215.5587        My Safe Florida Condominium Pilot Program.—There
47      is established within the Department of Financial Services the
48      My Safe Florida Condominium Pilot Program to be implemented
49      pursuant to appropriations. The department shall provide fiscal
50      accountability, contract management, and strategic leadership

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        HB 1029                                                                                               2024




51      for the pilot program, consistent with this section. This
52      section does not create an entitlement for associations or unit
53      owners or obligate the state in any way to fund the inspection
54      or retrofitting of condominiums in the state. Implementation of
55      this pilot program is subject to annual legislative
56      appropriations. It is the intent of the Legislature that the My
57      Safe Florida Condominium Pilot Program provide licensed
58      inspectors to perform inspections for and grants to eligible
59      associations as funding allows.
60                (1)       DEFINITIONS.—As used in this section, the term:
61                (a)       "Association" has the same meaning as in s. 718.103.
62                (b)       "Association property" has the same meaning as in s.
63      718.103.
64                (c)       "Board of administration" has the same meaning as in
65      s. 718.103.
66                (d)       "Condominium" has the same meaning as in s. 718.103.
67                (e)       "Condominium property" has the same meaning as in s.
68      718.103.
69                (f)       "Department" means the Department of Financial
70      Services.
71                (g)       "Property" means association property and condominium
72      property, as applicable.
73                (h)       "Rebuild" means property under construction to replace
74      a structure that was destroyed or significantly damaged by a
75      hurricane and deemed unlivable by a regulatory authority.

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         HB 1029                                                                                               2024




 76                (i)       "Unit" has the same meaning as in s. 718.103.
 77                (j)       "Unit owner" has the same meaning as in s. 718.103.
 78                (2)       PARTICIPATION.—
 79                (a)       In order to apply for an inspection under subsection
 80      (4) or a grant under subsection (5) for association property or
 81      condominium property, an association must receive approval by a
 82      majority vote of the board of administration or a majority vote
 83      of the total voting interests of the association to participate
 84      in the pilot program.
 85                (b)       In order to apply for a grant under subsection (5)
 86      which improves one or more units within a condominium, a n
 87      association must receive both of the following:
 88                1.    Approval by a majority vote of the board of
 89      administration or a majority vote of the total voting interests
 90      of the association to participate in a mitigation inspection.
 91                2.    A unanimous vote of all unit owners within the
 92      structure or building that is the subject of the mitigation
 93      grant.
 94                (c)       A unit owner may participate in the pilot program
 95      through a mitigation grant awarded to the association but may
 96      not participate individually in the pilot program.
 97                (d)       The votes required under this subsection may take
 98      place at the annual budget meeting of the association or at a
 99      unit owner meeting called for the purpose of taking such vote.
100      Before a vote of the unit owners may be taken, the association

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         HB 1029                                                                                               2024




101      must provide to the unit owners a clear disclosure of the pilot
102      program on a form created by the department. The president and
103      the treasurer of the board of administration must sign the
104      disclosure form indicating that a copy of the form was provided
105      to each unit owner of the association. The signed disclosure
106      form and the minutes from the meeting at which the unit owners
107      voted to participate in the pilot program must be maintained as
108      part of the official records of the association. Within 14 days
109      after an affirmative vote to participate in the pilot program,
110      the association must provide written notice in the same manner
111      as required under s. 718.112(2)(d) to all unit owners of the
112      decision to participate in the pilot program.
113                (3)       HURRICANE MITIGATION INSPECTORS.—
114                (a)       Licensed inspectors are to provide inspections of the
115      property to determine the mitigation measures that are needed,
116      the insurance premium discounts that may be available to the
117      association, and the improvements to existing properties of the
118      association that are needed to reduce a property's vulnerability
119      to hurricane damage.
120                (b)       The department shall contract with wind certification
121      entities to provide hurricane mitigation inspections. To qualify
122      for selection by the department as a wind certification entity
123      to provide hurricane mitigation inspections, the entity must, at
124      a minimum, meet all of the following requirements:
125                1.    Use hurricane mitigation inspectors who are licensed or

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         HB 1029                                                                                               2024




126      certified as:
127                a.    A building inspector under s. 468.607;
128                b.    A general, building, or residential contractor under s.
129      489.111;
130                c.    A professional engineer under s. 471.015;
131                d.    A professional architect under s. 481.213; or
132                e.    A home inspector under s. 468.8314 who has completed at
133      least 3 hours of hurricane mitigation training approved by the
134      Construction Industry Licensing Board, which must include
135      hurricane mitigation techniques, compliance with the uniform
136      mitigation verification form, and completion of a proficiency
137      exam.
138                2.    Use hurricane mitigation inspectors who have undergone
139      drug testing and a background screening. The department may
140      conduct criminal record checks of inspectors used by wind
141      certification entities. Inspectors must submit a set of
142      fingerprints to the department for state and national criminal
143      history checks and must pay the fingerprint processing fee set
144      forth in s. 624.501. The fingerprints must be sent by the
145      department to the Department of Law Enforcement and forwarded to
146      the Federal Bureau of Investigation for processing. The results
147      must be returned to the department for screening. The
148      fingerprints must be taken by a law enforcement agency,
149      designated examination center, or other department-approved
150      entity.

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         HB 1029                                                                                               2024




151                3.    Provide a quality assurance program including a
152      reinspection component.
153                (4)       HURRICANE MITIGATION INSPECTIONS.—
154                (a)       The inspections provided to an association under this
155      section must, at a minimum, include all of the following:
156                1.    An inspection of the property, and a report that
157      summarizes the results and identifies recommended improvements
158      the association may take to mitigate hurricane damage.
159                2.    A range of cost estimates regarding the recommended
160      mitigation improvements.
161                3.    Information regarding estimated insurance premium
162      discounts, correlated to the current mitigation features a nd the
163      recommended mitigation improvements identified by the
164      inspection.
165                (b)       An application for an inspection must contain a signed
166      or electronically verified statement made under penalty of
167      perjury by the president of the board of administration that th e
168      association has submitted only a single application for each
169      property that the association operates or maintains.
170                (c)       An association may apply for and receive an inspection
171      without also applying for a grant under subsection (5).
172                (5)       MITIGATION GRANTS.—Financial grants may be used to
173      encourage associations to retrofit the property the association
174      operates and maintains in order to make such property less
175      vulnerable to hurricane damage.

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         HB 1029                                                                                               2024




176                (a)       An application for a mitigation grant must:
177                1.    Contain a signed or electronically verified statement
178      made under penalty of perjury by the president of the board of
179      administration that the association has submitted only a single
180      application for each property that the association operates or
181      maintains.
182                2.    Include a notarized statement from the president of the
183      board of administration containing the name and license number
184      of the contractor the association intends to use for the
185      mitigation project.
186                3.    Include a notarized statement from the president of the
187      board of administration which commits to the department that the
188      association will complete the mitigation improvements. If the
189      grant will be used to improve units, the application must also
190      include an acknowledged statement from each unit owner who is
191      required to provide approval for a grant under paragraph (2)(b).
192                (b)       An association may select its own contractor for the
193      mitigation project as long as such contractor meets all
194      qualification, certification, or licensing requirements in
195      general law. A mitigation project must be performed by a
196      properly licensed contractor who has secured all required local
197      permits necessary for the project. The department must
198      electronically verify that the contractor's state license number
199      is accurate and up to date before approving a grant application.
200                (c)       An association awarded a grant must complete the

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         HB 1029                                                                                               2024




201      entire mitigation project in order to receive the final grant
202      award and must agree to make the property available for a final
203      inspection once the mitigation project is finished to ensure the
204      mitigation improvements are completed in a matter consistent
205      with the intent of the pilot program and meet or exceed the
206      applicable Florida Building Code requirements. Construct ion must
207      be completed and the association must submit a request to the
208      department for a final inspection, or request an extension of
209      time, within 1 year after receiving grant approval. If the
210      association fails to comply with this paragraph, the application
211      is deemed abandoned and the grant money reverts back to the
212      department.
213                (d)       All grants must be matched on the basis of $1 provided
214      by the association for $2 provided by the state up to a maximum
215      contribution as provided in the General Appropriations Act .
216                (e)       When recommended by a hurricane mitigation inspection
217      report, grants for eligible associations may be used for the
218      following improvements:
219                1.    Opening protection.
220                2.    Exterior doors, including garage doors.
221                3.    Reinforcing roof-to-wall connections.
222                4.    Improving the strength of roof-deck attachments.
223                5.    Secondary water barrier for roof.
224                (f)       Grants may be used for a previously inspected existing
225      structure on the property or for a rebuild.

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         HB 1029                                                                                               2024




226                (g)1.      If improvements to protect the property which
227      complied with the current applicable building code at the time
228      have been previously installed, the association must use a
229      mitigation grant to install improvements that do both of the
230      following:
231                a.    Comply with or exceed the applicable building code in
232      effect at the time the association applied for the grant.
233                b.    Provide more hurricane protection than the improvements
234      that the association previously installed.
235                2.    The association may not use a mitigation grant to:
236                a.    Install the same type of improvements that were
237      previously installed; or
238                b.    Pay a deductible for a pending insurance claim for
239      damage that is part of the property for which grant funds are
240      being received.
241                (h)       The department shall develop a process that ensures
242      the most efficient means to collect and verify grant
243      applications to determine eligibility and may direct hurricane
244      mitigation inspectors to collect and verify grant application
245      information or use the Internet or other electronic means to
246      collect information and determine eligibility.
247                (6)       CONTRACT MANAGEMENT.—
248                (a)       The department may contract with third parties for
249      grants management, inspection services, contractor services,
250      information technology, educational outreach, and auditing

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         HB 1029                                                                                               2024




251      services. Such contracts are considered direct costs of the
252      pilot program and are not subject to administrative cost limits.
253      The department shall contract with providers that have a
254      demonstrated record of successful business operations in areas
255      directly related to the services to be provided and shall ensure
256      the highest accountability for use of state funds, consistent
257      with this section.
258                (b)       The department shall implement a quality assurance and
259      reinspection program that determines whether initial inspections
260      and mitigation improvements are completed in a manner consistent
261      with the intent of the pilot program. The department may use a
262      valid random sampling in order to perform the quality assurance
263      portion of the pilot program.
264                (7)       REPORTS.—By February 1 of each year, the department
265      shall submit a report to the President of the Senate and the
266      Speaker of the House of Representatives on the activities of the
267      pilot program and the use of state funds. The report must
268      include all of the following information:
269                (a)       The number of inspections requested.
270                (b)       The number of inspections performed.
271                (c)       The number of grant applications received.
272                (d)       The number of grants approved and the monetary value
273      of each grant.
274                (e)       The estimated average annual amount of insurance
275      premium discounts each association received and the total

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         HB 1029                                                                                               2024




276      estimated annual amount of insurance premium discounts received
277      by all associations participating in the pilot program.
278                (f)       The estimated average annual amount of insurance
279      premium discounts each unit owner received as a result of the
280      improvements to the building or structure.
281                Section 2.       This act shall take effect July 1, 2024.




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                      INSURANCE & BANKING SUBCOMMITTEE

                             HB 1029 by Rep. Lopez, V.
                     My Safe Florida Condominium Pilot Program

                                 AMENDMENT SUMMARY
                                    February 1, 2024

Amendment 1 by Rep. Rep. Lopez, V. (Line 62): The amendment:
  • Defines a “service area” for the program that is the area of the state 15 miles inward of
     the coastline; making the pilot project statewide in this coastal zone.
  • Clarifies the fingerprinting requirement to comport with a recommendation by FDLE.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1029    (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Insurance & Banking
 2     Subcommittee
 3     Representative Lopez, V. offered the following:
 4
 5          Amendment
 6          Remove lines 62-150 and insert:
 7          (b)    "Association property" means that property, real and
 8     personal, which is owned or leased by, or is dedicated by a
 9     recorded plat to, the association for the use and benefit of its
10     members and is located in the service area.
11          (c)    "Board of administration" has the same meaning as in
12     s. 718.103.
13          (d)    "Condominium" has the same meaning as in s. 718.103.
14          (e)    "Condominium property" means the lands, leaseholds,
15     and personal property that are subjected to condominium
16     ownership, whether or not contiguous, and all improvements
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1029   (2024)
       Amendment No. 1


17     thereon and all easements and rights appurtenant thereto
18     intended for use in connection with the condominium and is
19     located in the service area.
20          (f)     "Department" means the Department of Financial
21     Services.
22          (g)     "Property" means association property and condominium
23     property, as applicable, located in the service area.
24          (h)     "Rebuild" means property under construction to replace
25     a structure that was destroyed or significantly damaged by a
26     hurricane and deemed unlivable by a regulatory authorit y.
27          (i)     "Service area" means the area of the state with 15
28     miles inward of a coastline as defined in s. 376.031.
29          (j)     "Unit" has the same meaning as in s. 718.103.
30          (k)     "Unit owner" has the same meaning as in s. 718.103.
31          (2)     PARTICIPATION.—
32          (a)     In order to apply for an inspection under subsection
33     (4) or a grant under subsection (5) for association property or
34     condominium property, an association must receive approval by a
35     majority vote of the board of administration or a majority vote
36     of the total voting interests of the association to participate
37     in the pilot program.
38          (b)     In order to apply for a grant under subsection (5)
39     which improves one or more units within a condominium, an
40     association must receive both of the following:
41          1.     Approval by a majority vote of the board of
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1029     (2024)
       Amendment No. 1


42     administration or a majority vote of the total voting interests
43     of the association to participate in a mitigation inspection.
44          2.    A unanimous vote of all unit owners within the
45     structure or building that is the subject of the mitigation
46     grant.
47          (c)    A unit owner may participate in the pilot program
48     through a mitigation grant awarded to the association but may
49     not participate individually in the pilot program.
50          (d)    The votes required under this subsection may take
51     place at the annual budget meeting of the association or at a
52     unit owner meeting called for the purpose of taking such vote.
53     Before a vote of the unit owners may be taken, the association
54     must provide to the unit owners a clear disclosure of the pilot
55     program on a form created by the department. The president and
56     the treasurer of the board of administration must sign the
57     disclosure form indicating that a copy of the form was provided
58     to each unit owner of the association. The signed disclosure
59     form and the minutes from the meeting at which the unit owners
60     voted to participate in the pilot program must be maintained as
61     part of the official records of the association. Within 14 days
62     after an affirmative vote to participate in the pilot program,
63     the association must provide written notice in the same manner
64     as required under s. 718.112(2)(d) to all unit owners of the
65     decision to participate in the pilot program.
66          (3)    HURRICANE MITIGATION INSPECTORS.—
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1029   (2024)
       Amendment No. 1


67          (a)    Licensed inspectors are to provide inspections of the
68     property to determine the mitigation measures that are needed,
69     the insurance premium discounts that may be available to the
70     association, and the improvements to existing properties of the
71     association that are needed to reduce a property's vulnerability
72     to hurricane damage.
73          (b)    The department shall contract with wind certification
74     entities to provide hurricane mitigation inspections. To qualify
75     for selection by the department as a wind certification entity
76     to provide hurricane mitigation inspections, the entity must, at
77     a minimum, meet all of the following requirements:
78          1.    Use hurricane mitigation inspectors who are licensed or
79     certified as:
80          a.    A building inspector under s. 468.607;
81          b.    A general, building, or residential contractor under s.
82     489.111;
83          c.    A professional engineer under s. 471.015;
84          d.    A professional architect under s. 481.213; or
85          e.    A home inspector under s. 468.8314 who has completed at
86     least 3 hours of hurricane mitigation training approved by the
87     Construction Industry Licensing Board, which must include
88     hurricane mitigation techniques, compliance with the uniform
89     mitigation verification form, and completion of a proficiency
90     exam.
91          2.    Use hurricane mitigation inspectors who have undergone
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1029   (2024)
        Amendment No. 1


 92     drug testing and a background screening. The department may
 93     conduct criminal record checks of inspectors used by wind
 94     certification entities. Inspectors must submit a full set of
 95     fingerprints to the department or to a vendor, entity, or agency
 96     authorized by s. 943.053(13).   The department, vendor, entity,
 97     or agency shall forward the fingerprints to the Department of
 98     Law Enforcement for state processing and the Department of Law
 99     Enforcement shall forward the fingerprints to the Federal Bureau
100     of Investigation for national processing. Fees for state and
101     federal fingerprint processing shall be borne by the applicant.
102     The state cost for fingerprint processing shall be as provided
103     in s. 943.053(3)(e).The results must be returned to the
104     department for screening. The fingerprints must be taken by a
105     law enforcement agency, designated examination center, or other
106     department-approved entity.
107




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HB 1093
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1093 Florida Uniform Fiduciary Income and Principal Act
SPONSOR(S): Caruso
TIED BILLS:       IDEN./SIM. BILLS: SB 1316

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Civil Justice Subcommittee                               18 Y, 0 N               Mawn               Jones

  2) Insurance & Banking Subcommittee                                                 Fletcher           Lloyd

  3) Judiciary Committee


                                                     SUMMARY ANALYSIS
A trust is a relationship in which one party, the “settlor,” gives another party, the “trustee,” the right to hold title
to the settlor’s property or assets for a third party’s benefit (“beneficiary”). Traditionally, many trust beneficiaries
were entitled to receive either income earned by trust investments (“income beneficiary”) or a share of trust
principal when an income interest ended (“remainder beneficiary”). In such a scenario, the trustee’s allocation
of receipts and expenditures to income or principal had a direct effect on a beneficiary’s financial interests, and
the financial interests of an income beneficiary were often at odds with those of the remainder beneficiary.
In 1931, the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) adopted the first
Uniform Principal and Income Act (“UPIA”), which, in pertinent part, governed the allocation of trust and estate
receipts and disbursements between income and principal where the terms of the trust did not provide for such
allocation. Forty-seven states, including Florida, subsequently adopted some form of the UPIA; Florida’s
version, known as the Florida Uniform Principal and Income Act (“FUPIA”), is codified in ch. 783, F.S.
However, in recent decades, the distinction between income and principal has become less important, for two
reasons. First, the “modern portfolio theory” allows trustees to invest for the maximum total return, whether the
return is in the form of income or principal growth. This has led to the rise in popularity of the “unitrust,” which
has reduced the likelihood that the financial interests of the income beneficiary and the remainder beneficiary
will be at odds, as such a trust allows the income beneficiary to receive income from the trust at a set
percentage of the trust’s fair market value while the remainder beneficiary receives a fair disbursement after
the income interest ends. Second, modern trusts are often drafted with more flexible terms, giving trustees
discretion to accumulate income or invade principal when advantageous to further the trust’s purposes.
In 2018, the NCCUSL adopted the Uniform Fiduciary Income and Principal Act (“UFIPA”) to account for these
more recent developments. In response to UFIPA’s adoption, the Real Property, Probate and Trust Law
Section of the Florida Bar convened a committee (“Committee”) to review UFIPA and consider whether Florida
should adopt the new model law. The Committee ultimately proposed a revision to FUPIA that would
incorporate UFIPA language wherever possible while preserving certain public policy choices found in existing
Florida law. This proposed revision is the Florida Uniform Fiduciary Income and Principal Act (“FUFIPA”).
HB 1093 codifies FUFIPA into ch. 783, F.S., replacing FUPIA as the law governing the allocation of trust and
estate receipts and disbursements between principal and interest where a Florida trust does not provide its
own terms for such an allocation. FUFIPA would, in addition to modernizing trust law generally:
     Allow for total-return investing under the “modern portfolio theory.”
     Provide for the conversion of an existing trust into a unitrust.
     Provide flexibility for more individualized estate planning.
     Provide a governing law provision to reduce jurisdictional disputes.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of January 1, 2025.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1093b.IBS
DATE: 1/30/2024
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background
         Trusts

         A trust is a relationship in which one party (the “settlor”) 1 gives another party (the “trustee”) the right to
         hold title to the settlor’s assets for a third party’s benefit (the “beneficiary”). A trust may be created and
         take effect during a settlor’s lifetime (“a living trust”) or may be created by a will and take effect when
         the settlor dies (“testamentary trust”).2 A trust may also be revocable (so that the terms may be
         changed at any time before the settlor’s death) or irrevocable (so that the terms cannot be modified
         after the trust’s creation absent consent of the beneficiaries).3 Most trusts are generally governed by
         the Florida Trust Code, codified in chapter 736, F.S. However, additional provisions of Florida law may
         apply if the trust has special attributes.

         Uniform Fiduciary Income and Principal Act

         Traditionally, many trust beneficiaries were entitled to receive either income earned by trust
         investments (“income beneficiary”) or a share of trust principal when an income interest ended
         (“remainder beneficiary”).4 In such a scenario, the trustee’s allocation of receipts and disbursements to
         income or principal had a direct effect on a beneficiary’s financial interests, and, thus, the financial
         interests of an income beneficiary were often at odds with those of the remainder beneficiary.5

         In 1931, the National Conference of Commissioners on Uniform State Laws, also known as the Uniform
         Law Commission (“ULC”)6 adopted the first Uniform Principal and Income Act (“UPIA”), which, in
         pertinent part, governed the allocation of trust and estate receipts and disbursements between income
         and principal where the terms of the trust or will did not provide for such allocation or give the fiduciary
         a discretionary power of administration. Forty-seven states, including Florida, subsequently adopted
         some form of UPIA; Florida’s version, adopted in 2002 and known as the Florida Uniform Principal and
         Income Act (“FUPIA”), is codified in ch. 783, F.S.

         However, in recent decades, the distinction between income and principal has lost some significance,
         for two reasons. First, the “modern portfolio theory” allows trustees to invest for the maximum total
         return, whether the return is in the form of income or principal growth. 7 This has led to the rise in
         popularity of the “unitrust,” which trust allows the income beneficiary to receive income from the trust at
         a set percentage of the trust’s fair market value while the remainder beneficiary receives a fair
         disbursement after the income interest ends, thereby reducing the likelihood that the financial interests
         of the income beneficiary and the remainder beneficiary will be at odds. 8 In other words, under a
         unitrust, both the income beneficiary and remainder beneficiary benefit from an increase in the value of

1 “Settlor” means a person, including a testator, who creates or contributes property to a trust. S. 736.0103(18), F.S.
2 See “inter vivos trust” and “testamentary trust,” Black's Law Dictionary (11th ed. 2019).
3 Greg Depersio, Investopedia (Apr. 30, 2023), Revocab le Trust v. Irrevocab le Trust: What’s the Difference,

https://www.investopedia.com/ask/answers/071615/what-difference-between-revocable-trust-and-living-trust.asp (last visited Jan. 25,
2024).
4 For example, a trust may require that all trust income be distributed to the settlor’s surviving spouse, but that trust princ ipal be held

and accumulated for the settlor’s surviving children, to be paid after the surviving spouse’s death. Uniform Law Commission, The
Uniform Fiduciary Income and Principal Act: A Summary, https://www.uniformlaws.org/viewdocument/enactment-kit-
74?CommunityKey=1105f9bb-eb93-4d4d-a1ab-a535ef73de0c&tab=librarydocuments (last visited Jan. 25, 2024).
5 Id.
6 The NCCUSL is an association of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto

Rico, and the U.S. Virgin Islands, that discusses and debates which areas of the law require uniformity among the states and territories
and drafts uniform acts accordingly. Legal Information Institute, National Conference of Commissioners on Uniform State Laws,
https://www.law.cornell.edu/wex/national_conference_of_commissioners_on_uniform_state_laws_(nccusl) (last visited Jan. 25, 2024).
7 Uniform Law Commission, supra note 4.
8 Id.; Rod Fluck, What is a Unitrust and Why is it Used, http://buteralaw.com/newsletters/estate/what-is-a-unitrust-and-why-is-it-used/

(last visited Jan. 25, 2024).
STORAGE NAME: h1093b.IBS                                                                                                            PAGE: 2
DATE: 1/30/2024
         a trust’s assets.9 Second, modern trusts are often drafted with more flexible terms, thereby giving
         trustees discretion to accumulate income or invade principal when advantageous to further the trust’s
         overall purposes.10

         Thus, in 2018, the ULC adopted the Uniform Fiduciary Income and Principal Act (“UFIPA”) to account
         for these developments, provide additional flexibility in tailoring individual trusts to meet a settlor’s
         specific needs, provide for the conversion of older trusts into unitrusts, and provide a governing law
         section to help avoid jurisdictional disputes.11 Seven states have since enacted some form of UFIPA. 12

         In response to UFIPA’s adoption, the Real Property, Probate and Trust Law Section of the Florida Bar
         convened a Principal and Income Committee (“Committee”) to review UFIPA and consider whether
         Florida should adopt the new model law. The Committee ultimately proposed a revision to FUPIA,
         known as the Florida Uniform Fiduciary Income and Principal Act (“FUFIPA”), that would incorporate
         UFIPA language wherever possible while preserving certain public policy choices found in existing
         Florida law that continue to make sense for the State.

         Effect of Proposed Changes

         HB 1093 codifies FUFIPA into ch. 783, F.S., replacing FUPIA as the law governing the allocation of
         trust and estate receipts and disbursements between principal and interest where a Florida trust does
         not provide its own terms for such an allocation. FUFIPA would, in addition to modernizing Florida trust
         law generally:
              Allow for total-return investing under the “modern portfolio theory.”
              Provide for the conversion of an older trust into a unitrust.
              Provide flexibility for more individualized estate planning.
              Provide a governing law provision to reduce jurisdictional disputes.

         Definitions

         The bill revises s. 738.102, F.S., to modify existing definitions and provide new definitions to
         incorporate UFIPA terminology and concepts. Under the bill, the definitions of “accounting period,”
         “income,” “mandatory income interest,” and “person” remain unchanged, while definitions for new
         terms, including “court,” “estate,” “personal representative,” and “record,” were added without impacting
         current policy. However, the bill modifies the following definitions in a substantive way:
              “Beneficiary” is redefined to distinguish between current income beneficiaries and current
                 remainder beneficiaries, as well as to encompass persons holding life estates or term interests.
              “Fiduciary” is broadened to apply not only to the personal representative and trustee, as under
                 current law, but also to those with a power to direct, those under a fiduciary’s delegation, and
                 those holding property for a successor beneficiary who may be impacted by principal or income
                 allocations.
              “Income interest” is redefined as a right of a current income beneficiary and includes a current
                 beneficiary’s use of property held by a fiduciary.
              “Net income” is broadened to include application to a unitrust and an income to principal
                 adjustment.
              “Principal” is modified from meaning that which is distributed to a remainder beneficiary to that
                 which is held for distribution to, for production of income for, or for use by, a current or
                 successor beneficiary.
              “Terms of the trust” is broadened to extend to wills, life estates, and term interests, and thus
                 more closely follows the definition of the term in the Florida Trust Code.



9 Fluck, supra note 8.
10 Uniform Law Commission, supra note 4.
11 Id.
12 These states are Arkansas, California, Colorado, Kansas, Utah, Virginia, and Washington State. Uniform Law Commission, Fiduciary

Income and Principal Act: Legislative Bill Tracking, https://www.uniformlaws.org/committees/community-
home?communitykey=1105f9bb-eb93-4d4d-a1ab-a535ef73de0c#LegBillTrackingAnchor (last visited Jan. 25, 2024).
STORAGE NAME: h1093b.IBS                                                                                                   PAGE: 3
DATE: 1/30/2024
         Additionally, the bill adds the following new definitions, which definitions modify Florida law in a
         substantive way:
             “Distribution,” meaning a payment or transfer by a fiduciary to a beneficiary in the beneficiary’s
                 capacity as a beneficiary, without consideration other than the beneficiary’s right to receive the
                 payment or transfer under the terms of the trust, will, life estate, or term interest.
             “Independent person,” meaning a person that is not:
                      o For a trust, a qualified beneficiary; a settlor; an individual whose legal obligation to
                         support a beneficiary may be satisfied by a trust distribution; or any trustee whom an
                         interested distributee may remove and replace with a related or subordinate party.
                      o For an estate, a beneficiary; a spouse, parent, brother, sister, or issue of specified
                         persons; a corporation, partnership, limited liability company, or other entity in which
                         specified persons have voting control; or an employee of a specified person.
             “Personal representative,” meaning an executor, administrator, successor personal
                 representative, special administrator, or person that performs substantially the same function
                 with respect to an estate under the law governing the person’s status.
             “Record,” meaning information that is inscribed on a tangible medium or stored in an electronic
                 or other medium and is retrievable in perceivable form.
             “Settlor,” meaning a person, including a testator, that creates or contributes property to a trust.
             “Special tax benefit,” meaning the annual gift tax exclusion, 13 qualified subchapter S status,14
                 federal marital tax deduction,15 and generation-skipping transfer tax exemption.16
             “Successive interest,” meaning the interest of a successor beneficiary.
             “Successor beneficiary,” meaning a person entitled to receive income or principal or to use
                 property when an income interest or other current interest ends.
             “Trust,” meaning an express trust, whether private or charitable, with additions to the trust,
                 wherever and however created, and a trust created or determined by judgment or decree under
                 which the trust is to be administered in the manner of an express trust.
             “Trustee,” meaning a person, other than a personal representative, that owns or holds property
                 for the benefit of a beneficiary.
             “Will,” meaning any testamentary instrument recognized by applicable law which makes a
                 legally effective disposition of an individual’s property, effective at the individual’s death, and
                 includes a codicil or other amendment to a testamentary instrument.




13 The Internal Revenue Service allows individuals to give away up to a specific amount of assets each year tax-free under the annual

gift tax exclusion. Jean Gordon Carter and Janice L. Davies, Gift Tax, the Annual Exclusion and Estate Planning,
https://www.actec.org/resource-center/video/gift-tax-the-annual-exclusion-and-estate-planning/ (last visited Jan. 25, 2024)
14
   A trust with qualified subchapter S status is eligible to own stock in an S corporation. A settlor can use this type of trust to make a gift
of all or a part of the S corporation stock and retain voting power while the beneficiary receives the income and the tax burden.
Rebecca C. Bowen, Trusts as Eligib le Shareholders of an S Corporation, https://www.t-mlaw.com/commentary/trusts -as-eligible-
shareholders-of-an-s-corporation/ (last visited Jan. 25, 2024).
15 The Internal Revenue Service allows a spouse to leave property of unlimited value to his or her surviving spouse tax-free. Such

assets may be distributed by a direct transfer from the decedent to the surviving spouse or by an indirect transfer to a qualifying trust for
the surviving spouse’s benefit. Peter B. von Stein, Basic Estate Tax Planning for Married Couples: Opportunities for Use of Estate Tax
Exemptions, https://www.wardandsmith.com/articles/basic-estate-tax-planning-married-couples-use-estate-tax-exemptions (last visited
Jan. 25, 2024).
16 The generation-skipping transfer tax is a federal tax on a gift or an inheritance that prevents the donor from avoiding estate taxes by

skipping over children in favor of grandchildren. However, the Internal Revenue Service allows a person to give up to a certa in amount
to a qualified recipient to avoid this tax. Troy Segal, What is the Generation-Skipping Transfer Tax, Investopedia (Feb. 7, 2023),
https://www.investopedia.com/terms/g/generation-skipping-transfer-tax.asp (last visited Jan. 25, 2024).
STORAGE NAME: h1093b.IBS                                                                                                              PAGE: 4
DATE: 1/30/2024
       Scope

       The bill amends s. 738.103, F.S., to provide FUFIPA’s scope. Specifically, the bill states that, except as
       otherwise provided by the terms of a trust or FUFIPA, FUFIPA applies to a trust or estate and to a life
       estate or other term interest in which someone’s interest will be succeeded by another’s interest under
       s. 738.508, F.S.

       Governing Law

       The bill adds a new governing law provision to renumbered s. 738.104, F.S. Specifically, the bill
       provides that, if the principal place of administration of a trust or estate or the situs of property not held
       in trust or an estate is Florida, the trustee is governed by FUFIPA, except as otherwise provided in the
       terms of the trust or elsewhere in that chapter.

       General Principles of Fiduciary Duties

       The bill renumbers from s. 738.103, F.S., to s. 738.201, F.S., a provision setting forth a trustee’s
       fiduciary duties, including the duty to administer a trust or estate impartially based on what is fair and
       reasonable to all beneficiaries. Current law also establishes the general principles for allocating receipts
       and disbursements to or between principal and income, specifying that, generally speaking, receipts
       and disbursements must be allocated to principal, and establishes a presumption that a determination
       made in accordance with ch. 738 is fair and reasonable.

       The bill substantially preserves current law, with four exceptions. Specifically, the bill:
           Incorporates the revised definition of “terms of the trust.”
           Adds an express requirement that a fiduciary act in good faith.
           Requires a fiduciary to add undistributed income to principal within a specified time period.
           Incorporates the factors currently set out in s. 738.104(2), F.S., applicable in exercising the
               adjustment power, and making such factors applicable to all fiduciary decisions under FUFIPA.

       The factors incorporated from s. 738.104(2), F.S., remain largely the same as in current law, except
       that the bill substitutes the objective “terms of the trust” factor for the subjective “intent of the grantor”
       factor, in keeping with changes made by UFIPA.

       Judicial Review

       The bill renumbers from s. 738.105, F.S., to s. 738.202, F.S., a provision governing judicial review of a
       trustee’s exercise of or failure to exercise any discretionary power under FUFIPA, as it relates to a
       decision to transfer principal to income, or vice versa. Under current law, a court may not determine
       that a trustee abused its discretion merely because the court would have exercised the discretion
       differently, but, once an abuse of discretion is found, the court must take certain actions to restore the
       beneficiaries to the positions they would have been in had the trustee not abused its discretion.

       The bill substantially preserves current law, with four exceptions. Specifically, the bill:
           Updates the term “trustee” in this provision to “fiduciary,” thus broadening this section’s scope.
           Defines “fiduciary decisions” to expressly include the fiduciary’s allocation between income and
               principal and the exercise or failure to exercise any power under FUFIPA.
           Expressly adds to the remedies available when a fiduciary abuses his or her discretion “all
               remedies authorized by law,” including remedies and damages for breach of trust as set out in
               the Florida Trust Code in ss. 736.1001 and 736.1002, F.S.
           Removes an unnecessary provision prohibiting the court from substituting its discretion for that
               of the fiduciary.




STORAGE NAME: h1093b.IBS                                                                                         PAGE: 5
DATE: 1/30/2024
         Fiduciary’s Adjustment Powers

         The bill renumbers from s. 738.104, F.S., to s. 738.203, F.S., a provision authorizing a trustee to adjust
         between income and principal if specified conditions are met, including the consideration of enumerated
         factors, and a determination that an adjustment is necessary to administer the trust impartially, based
         on what is fair and reasonable. Under current law, a trustee is prohibited from exercising the adjustment
         power under certain circumstances where adverse tax consequences would result but may release all
         or part of the power for any time period. Further, current law expressly negates any inference of
         impropriety simply because a trustee declines to exercise the power.

         The bill makes several changes to current law. Specifically, the bill:
             Expands the scope of this section from trustees to all fiduciaries.
             Relocates the conditions limiting when a fiduciary may adjust between principal and income to a
                 different section, making such conditions applicable to all fiduciary decisions.
             Replaces the standard of “impossibility” with a standard of “assistance,” thereby authorizing a
                 fiduciary to exercise the adjustment power if the fiduciary determines that doing so will assist the
                 fiduciary in administering the trust or estate impartially.
             Authorizes the appointment of a co-fiduciary to exercise the adjustment power under specified
                 circumstances.
             Includes a presumption that a release or delegation of the adjustment power is a release or
                 delegation of the entire power, and that such a release or delegation is permanent.
             Clarifies that the exercise of the adjustment power may apply to the immediately preceding
                 period, current period, and one or more subsequent periods.
             Adds new accountability procedures, including a requirement that the exercise of the adjustment
                 power be included in the annual accounting report or communicated at least annually to the
                 trust’s qualified beneficiaries.

         Unitrusts

         The bill replaces s. 738.1041, F.S., which specifically authorizes the express creation of a unitrust,
         provides that the unitrust amount is considered to be the trust’s net income for purposes of allowing or
         requiring income distributions, and provides for the conversion of an income trust to a unitrust, or vice
         versa, with ss. 738.301-738.310, F.S.

         The bill makes several changes to current law. Specifically, the bill:
              Separates provisions relating to unitrusts into distinct sections, making them more visible.
              Specifies that these sections apply to estates only where a trust is a beneficiary of an estate.
              Adds definitions applicable to a unitrust, including “applicable value,” “express unitrust,” “net fair
                  market value of a trust,” “unitrust,” “unitrust policy,” and “unitrust rate.”
              Modernizes but does not substantially alter provisions relating to a fiduciary’s authority and
                  duties as they relate to unitrusts; the method for determining the unitrust rate; and the method
                  for determining an asset’s fair market value for the purpose of determining the unitrust amount.
              Ensures that the unitrust provisions remain within the safe harbor standards of the Treasury
                  Regulations (as they are under current law) but allows for future modification of the relevant
                  provisions should the Treasury relax those standards.

         Character of Receipts

         The bill amends s. 738.401, F.S., which currently characterizes receipts from entities, applies a
         “lookback period”17 of unlimited duration, and establishes rules applicable to receipts from public
         entities; provisions regarding private trustees administering investment entities; treating as principal
         money received from specified sources; and treating as income dividends a fiduciary elects to reinvest.
         Current law favors objective calculations over the exercise of fiduciary discretion in such matters.

         The bill modifies current law by:

17 Florida’s “lookback period” applies a portion of large receipts to income, at a rate of three percent per year.

STORAGE NAME: h1093b.IBS                                                                                             PAGE: 6
DATE: 1/30/2024
                 Limiting the lookback period to three accounting periods to simplify trust administration.
                 Restructuring the law to more closely match UFIPA’s overall organization.
                 Amending or adding definitions, including “capital distribution,” “entity,” and “entity distribution,”
                  to clarify certain concepts incorporated into this section.

         Allocations

         Deferred Compensation Accounts, Annuities, and Similar Arrangements

         The bill renumbers from s. 738.602, F.S., to s. 738.409, F.S., a section of law characterizing rec eipts
         from deferred compensation accounts, annuities, and other similar arrangements. Under current law,
         the “income of the fund” is determined in a specified manner, and such amount is compared to
         payments actually received from the fund; the lesser of such amounts is then allocated to income, while
         the remainder is allocated to principal.

         The bill modifies this section by:
              Changing the phrase “income of the fund” to the more customary “internal income.”
              Adding an accounting period concept to balance the allocation of intra-period receipts between
                  principal and income.
              Specifically authorizing fiduciaries to transfer assets from principal to income as necessary to
                  fully fund the internal income of the fund and distribute such income to the beneficiary.

         Minerals, Water, and Other Natural Resources

         The bill renumbers from s. 738.604, F.S., to s. 738.411, F.S., a provision allocating receipts from an
         interest in minerals, water, or other natural resources as 90 percent to principal and ten percent to
         income. The bill modifies this section by removing the 90/10 allocation standard and replacing it with a
         fact-specific standard.

         Marital Deduction Property Not Productive of Income

         The bill renumbers from s. 738.606, F.S., to s. 738.413, F.S., a provision providing a safe harbor to
         ensure that a trust intending to qualify for the estate tax marital deduction allows the surviving spouse
         to require the trustee to make property income-producing where the trust assets do not otherwise
         provide the spouse with sufficient income to qualify for the deduction. Current law also allows the
         surviving spouse to require the trustee to make property income-producing where trust assets have
         been used in whole or in part to satisfy the spouse’s elective share under s. 732.2125, F.S.,18 and the
         property, in the aggregate, does not provide the spouse with sufficient income.

         The bill substantially preserves current law but provides that this section may be overridden only if the
         terms of the trust explicitly reference this section.

         Derivatives and Options

         The bill renumbers from s. 738.607, F.S., to s. 738.414, F.S., a provision providing for the allocation of
         all amounts received from derivatives and options to principal. The bill also modifies this section to
         provide for the allocation of 10 percent of receipts from the transaction and 10 percent of
         disbursements made in connection with the transaction to income, with the remaining balance allocated
         to principal.

         Asset-Backed Securities




18 This section allows the surviving spouse of a decedent to claim up to 30 percent of the decedent’s estate, regardless of the terms of

the decedent’s will. Practically speaking, this prevents a surviving spouse from being disinherited and potentially left destitute.
STORAGE NAME: h1093b.IBS                                                                                                              PAGE: 7
DATE: 1/30/2024
         The bill renumbers from s. 738.608, F.S., to s. 738.415, F.S., a provision for the allocation of payments
         received in exchange for the trust’s or estate’s entire interest in an asset-backed security19 during a
         single accounting period entirely to principal. Current law also provides that, for payments that are part
         of a series of payments that will result in the liquidation of the trust’s or estate’s interest in the security
         over more than a single accounting period, the fiduciary must allocate 10 percent of the payment to
         income and the balance to principal.20

         The bill modifies the definition of an “asset-backed security” to more closely align with the definition
         used by the Securities and Exchange Commission21 and extends the 90/10 distribution rule to all
         receipts from or related to such a security.

         Other Financial Instruments or Arrangements

         The bill creates s. 738.416, F.S., to be a “catch-all” provision for the allocation of receipts and
         disbursements arising from or related to financial instruments or arrangements not specifically
         mentioned in FUFIPA. Under the bill, allocation must be 90 percent to principal and 10 percent to
         income, making the allocation standard the same as for derivatives, options, and asset-backed
         securities.

         Disbursements

         Disbursements from Income and Principal

         The bill amends s. 738.501, F.S., which currently directs that one-half of certain forms of compensation
         and expenses be disbursed from income, along with all of the ordinary expenses incurred in connection
         with a trust property that primarily concerns the income interest.

         The bill modifies this section to address what happens where there is insufficient income to disburse
         the full amount charged and to give the fiduciary the discretion to disburse specified amounts charged if
         the fiduciary is an independent person and the disbursement would be in the beneficiaries’ interest.

         The bill also amends s. 738.502, F.S., which currently directs that the remaining one-half of certain
         forms of compensation and expenses be disbursed from principal, along with all of the trustee’s
         compensation for preparing property for sale; payments on the principal of trust debt; and expenses of
         proceedings that primarily concern trust principal.

         The bill modifies this section to provide that principal must be disbursed in an amount equal to the
         remaining balance of the compensation and expenses provided for in s. 738.501, F.S., and to allow a
         fiduciary to use income to disburse the balance of such amounts charged to income before using
         principal. Further, the bill incorporates certain tax provisions found elsewhere in current law into this
         section.

         Transfers from Income to Principal for Depreciation

         The bill amends s. 738.503, F.S., which currently allows a fiduciary to transfer a reasonable amount of
         the net cash receipts from a principal asset from income to principal, subject to depreciation to such
         principal, with restrictions.
         The bill substantially preserves current law, with three exceptions. Specifically, the bill:


19 Under current law, an “asset-backed security” is an asset, the value of which is based upon the right given to the owner to receive

distributions from the proceeds of financial assets that provide collateral for the security. S. 738.608, F.S.
20 See s. 738.608(3), F.S.
21 17 C.F.R. Sec. 229.1101(c)(1) defines “asset-backed security” as a security that is primarily serviced by the cash flows of a discrete

pool of receivables or other financial assets, either fixed or revolving, that by their terms convert into cash within a finite time period,
plus any rights or other assets designed to assure the servicing or timely distributions of proceeds to the security holders; provided that
in the case of financial assets that are leases, those assets may convert to cash partially by the cash proceeds from the disposition of
the physical property underlying such leases. See 17 C.F.R. Sec. 229.1101(c)(1)(2) for other conditions that must apply for a security to
be considered as an “asset-backed security.”
STORAGE NAME: h1093b.IBS                                                                                                            PAGE: 8
DATE: 1/30/2024
                  Replaces the term “fixed asset” with the term “tangible asset” to conform to changes made
                   elsewhere in FUFIPA.
                  Excludes depreciation for assets accounted for as a liquidating asset.
                  Removes a safe harbor specifying that any amount of depreciation taken for an asset must be
                   presumed to be a reasonable amount of depreciation.

         Reimbursements

         The bill amends s. 738.504, F.S., which currently relates to allocations from insurance policies and
         similar contracts, to create a provision authorizing a fiduciary to reimburse income from principal. Such
         reimbursement is not presently authorized under Florida law.

         The bill also renumbers from s. 738.704, F.S., to s. 738.505, F.S., a provision authorizing a fiduciary to
         transfer an appropriate amount of income to principal to either reimburse or provide a reserve in
         specified situations. The bill modifies this section by clarifying that, when a current income interest of a
         principal asset ends and a successive income interest remains, the fiduciary may continue to transfer
         those appropriate amounts from income to principal as specified in this section. The bill also authorizes
         fiduciaries to transfer an appropriate amount from income to principal for the cost of an improvement to
         principal, whether a change to an existing asset or the construction of a new asset, and for a periodic
         payment on an obligation secured by a principal asset, in specified circumstances.

         Income Taxes

         The bill renumbers from s. 738.705, F.S., to s. 738.506, F.S., a provision specifying that, with respect to
         income tax, the fiduciary must disburse from income those amounts allocated to income and from
         principal those amounts allocated to principal. Current law also specifies that the same allocation rules
         must be followed on the trust’s or estate’s share of an entity’s taxable income, except that principal
         must be used to disburse amounts exceeding total receipts from the entity; however, the fiduciary must
         also adjust income or principal receipts, pursuant to a specified formula, to the extent the trust’s or
         estate’s income taxes are reduced, but not eliminated, due to a deduction for beneficiary payments.

         The bill substantially retains current law but makes several changes. Specifically, the bill:
             Removes the phrase “but not eliminated,” as it created confusion.
             Removes the formula outlining the amount distributable to a beneficiary.
             Adds a provision allowing a fiduciary to reimburse the “owner” of a “grantor trust”22 for income
                 taxes paid.

         Adjustments Between Principal and Income Because of Taxes

         The bill renumbers from s. 738.706, F.S., to s. 738.507, F.S., a provision authorizing a fiduciary to
         adjust between principal and income to offset the shifting of economic interests or tax benefits between
         income and remainder beneficiaries due to elections and decisions made by a fiduciary; a tax imposed
         on the fiduciary or beneficiary due to a distribution from the trust or estate; or the taxable income of an
         entity owned by the trust or estate includable in the taxable income of the trust, estate, or beneficiary.
         This section also provides that, when an estate tax marital deduction or charitable contribution
         deduction is reduced due to a fiduciary deducting an amount paid from principal for income tax
         purposes, resulting in the amount of income tax paid by the trust or estate decreasing, the income tax
         payor must reimburse principal for the amount of tax not paid, with limitations (“deduction adjustment”).

         The bill substantially preserves current law but modifies this section to specify that a fiduciary that
         charges a beneficiary under the deduction adjustment may offset the charge by obtaining payment from


22 A “grantor trust” is a type of trust that allows the settlor, in this case known as the “grantor,” to retain some control ove r trust assets.

For tax purposes, the grantor is considered the owner of the trust and is liable for any taxes on trust income. Christopher R. Callahan
and Scott M. Snyder, Foreign Grantor Trust Planning: A Flexib le Planning Structure for U.S. Income Tax, Fla. Bar Journal Vol. 97, No. 6
(Nov./Dec. 2023), https://www.floridabar.org/the-florida-bar-journal/foreign-grantor-trust-planning-a-flexible-planning-structure-for-u-s-
income-tax/ (last visited Jan. 25, 2024).
STORAGE NAME: h1093b.IBS                                                                                                                 PAGE: 9
DATE: 1/30/2024
         the beneficiary, withholding future distributions to the beneficiary, or adopting another method or
         combination of methods.

         Apportionment when Income Interest Ends

         The bill amends s. 738.703, F.S., to incorporate the substance of former s. 738.303, F.S., which
         provides for the apportionment of income after an income interest ends. The bill also removes a
         provision for the proration of the unitrust amount under this section, as this concept is covered
         elsewhere in FUFIPA.

         Relation to Electronic Signatures in Global and National Commerce Act

         The bill amends s. 738.802, F.S., to replace existing law relocated elsewhere in the bill with a provision,
         not found in current law, specifying that FUFIPA modifies, limits, or supersedes the Electronic
         Signatures in Global and National Commerce Act (“GNCA”), 23 with exceptions, but does not authorize
         electronic delivery of specified notices described in the GNCA.

         Non-Substantive Changes

         The bill makes non-substantive, technical changes to what are now numbered as ss. 738.402, 738.403,
         738.501, 738.502, 738.503, 738.504, 738.508, 738.601, 738.602, 738.603, 738.605, 738.701, 738.702,
         and 738.801, F.S.

         Severability

         The bill amends s. 738.803, F.S., to provide for severability. Specifically, the bill states that if any
         provision of FUFIPA or its application to any person or circumstance is held invalid, the invalidity does
         not affect other provisions or applications of FUFIPA which can be given effect without the invalid
         provisions or application.

         Applicability

         The bill amends s. 738.804, F.S., to provide that, except as otherwise provided by a trust’s terms or the
         bill itself, the bill applies to any receipt or expense received or incurred and any disbursement made
         after January 1, 2025, by any trust or estate, regardless of when the trust or estate was established or
         the asset involved was acquired.

         Effective Date

         The bill provides an effective date of January 1, 2025.

    B. SECTION DIRECTORY:
         Section 1: Amends s. 738.101, F.S., relating to short title.
         Section 2: Amends s. 738.102, F.S., relating to definitions.
         Section 3: Amends s. 738.103, F.S., relating to fiduciary duties; general principles.
         Section 4: Amends s. 738.104, F.S., relating to trustee’s power to adjust.
         Section 5: Repeals s. 738.1041, F.S., relating to total return unitrust.
         Section 6: Repeals s. 738.105, F.S., relating to judicial control of discretionary powers.
         Section 7: Amends s. 738.201, F.S., relating to determination and distribution of net income.
         Section 8: Amends s. 738.202, F.S., relating to distribution to residuary and remainder beneficiaries.
         Section 9: Creates s. 738.203, F.S., relating to fiduciary’s power to adjust.
         Section 10: Amends s. 738.301, F.S., relating to when right to income begins and ends.


23 See 15. U.S.C. s. 7001(c). The GNCA provides a general rule of validity for electronic records and signatures for transactions in or

affecting interstate or foreign commerce, allowing the use of electronic records to satisfy any statute, regulation, or rule of law requiring
that such information be provided in writing.
STORAGE NAME: h1093b.IBS                                                                                                            PAGE: 10
DATE: 1/30/2024
       Section 11: Amends s. 738.302, F.S., relating to apportionment of receipts and disbursements when
                   decedent dies or income interest begins.
       Section 12: Amends s. 738.303, F.S., relating to apportionment when income interest ends.
       Section 13: Creates s. 738.304, F.S., relating to notice.
       Section 14: Creates s. 738.305, F.S., relating to unitrust policy.
       Section 15: Creates s. 738.306, F.S., relating to unitrust rate.
       Section 16: Creates s. 738.307, F.S., relating to applicable value.
       Section 17: Creates s. 738.308, F.S., relating to period.
       Section 18: Creates s. 738.309, F.S., relating to express unitrust.
       Section 19: Creates s. 738.310, F.S., relating to other rules.
       Section 20: Amends s. 738.401, F.S., relating to character of receipts.
       Section 21: Amends s. 738.402, F.S., relating to distribution from trust or estate.
       Section 22: Amends s. 738.403, F.S., relating to business and other activities conducted by fiduciary.
       Section 23: Creates s. 738.404, F.S., relating to principal receipts.
       Section 24: Creates s. 738.405, F.S., relating to rental property.
       Section 25: Creates s. 738.406, F.S., relating to receipt on obligation to be paid in money.
       Section 26: Creates s. 738.407, F.S., relating to insurance policy on contracts.
       Section 27: Creates s. 738.408, F.S., relating to insubstantial allocation not required.
       Section 28: Creates s. 738.409, F.S., relating to deferred compensation, annuity, or similar payment.
       Section 29: Renumbers and amends s. 738.603, F.S., relating to liquidating asset.
       Section 30: Renumbers and amends s. 738.604, F.S., relating to minerals, water, and other natural
                   resources.
       Section 31: Renumbers and amends s. 738.605, F.S., relating to timber.
       Section 32: Renumbers and amends s. 738.606, F.S., relating to property not productive of income.
       Section 33: Renumbers and amends s. 738.607, F.S., relating to derivatives and options.
       Section 34: Renumbers and amends s. 738.608, F.S., relating to asset-backed securities.
       Section 35: Creates s. 738.416, F.S., relating to other financial instrument or arrangement.
       Section 36: Amends. s. 738.501, F.S., relating to principal receipts.
       Section 37: Amends s. 738.502, F.S., relating to rental property.
       Section 38: Amends s. 738.503, F.S., relating to obligation to pay money.
       Section 39: Amends s. 738.504, F.S., relating to insurance policies and similar contracts.
       Section 40: Renumbers and amends s. 738.704, F.S., relating to transfers from income to reimburse
                   principal.
       Section 41: Renumbers and amends s. 738.705, F.S., relating to income taxes.
       Section 42: Renumbers and amends s. 738.706, F.S., relating to adjustments between principal and
                   income because of taxes.
       Section 43: Creates s. 738.508, F.S., relating to apportionment of property expenses between tenant
                   and remainderman.
       Section 44: Amends s. 738.601, F.S., relating to insubstantial allocations not required.
       Section 45: Amends s. 738.602, F.S., relating to payments from deferred compensation plans,
                   annuities, and retirement plans or accounts.
       Section 46: Amends s. 738.701, F.S., relating to disbursements from income.
       Section 47: Amends s. 738.702, F.S., relating to disbursements from principal.
       Section 48: Amends s. 738.703, F.S., relating to transfers from income to principal for depreciation.
       Section 49: Amends s. 738.801, F.S., relating to apportionment of expenses; improvements.
       Section 50: Amends s. 738.802, F.S., relating to uniformity of application and construction.
       Section 51: Amends s. 738.803, F.S., relating to severability.




STORAGE NAME: h1093b.IBS                                                                               PAGE: 11
DATE: 1/30/2024
         Section 52: Amends s. 738.804, F.S., relating to application.
         Section 53: Provides an effective date of January 1, 2025.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill will likely have a positive economic impact on the private sector to the extent that it provides
         more flexibility for individualized estate planning, allows for total-return investing under the “modern
         portfolio theory,” and otherwise gives Floridians advantages that benefit their financial interests.

    D. FISCAL COMMENTS:
         None.

                                                         III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not applicable.

         2. Other:
            Federalism

            The framers of the United States Constitution allocated power among the federal and state
            governments, seeking to establish a unified national government of limited powers while carving out
            for the states a distinct sphere of autonomy for the exercise of general police powers. 24 Although the
            Constitution does not clearly delineate many of the boundaries between federal and state
            government powers, the Supreme Court has invoked certain constitutional provisions when
            determining whether a government has exceeded its constitutional authority. 25

            One such provision is the Supremacy Clause, found in Article IV of the United States Constitution,
            which clause gives federal law supremacy over state law where the laws conflict. 26 Put another way,


24 Library of Congress, Constitution Annotated: Federalism and the Constitution, https://constitution.congress.gov/browse/essay/intro.7-

3/ALDE_00000032/ (last visited Jan. 25, 2024).
25 Id.
26 Id.

STORAGE NAME: h1093b.IBS                                                                                                       PAGE: 12
DATE: 1/30/2024
           under the Supremacy Clause, a federal law preempts any conflicting state laws. 27 Another such
           provision is the Commerce Clause, found in Article I, section 8, clause 3 of the United States
           Constitution, which clause gives Congress broad power to regulate interstate and foreign commerce
           and restricts the states from impairing such commerce through the enactment of state laws. 28

           The bill amends s. 738.802, F.S., to specify that FUFIPA modifies, limits, or supersedes the
           Electronic Signatures in Global and National Commerce Act (“GNCA”), using language similar to
           language already appearing elsewhere in Florida law. The GNCA is a federal law, codified at 15
           U.S.C. s. 7001, which law provides a general rule of validity for electronic records and signatures for
           transactions in or affecting interstate or foreign commerce, allowing the use of electronic records to
           satisfy any statute, regulation, or rule of law requiring that such information be provided in writing. To
           the extent that, in a particular case, FUFIPA could conflict with the GNCA, or its application thereto
           otherwise could impair interstate or foreign commerce, a court may find the GNCA controls over the
           amendment to s. 738.802, F.S.

     B. RULE-MAKING AUTHORITY:
         Not applicable.

     C. DRAFTING ISSUES OR OTHER COMMENTS:
         None.

                             IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




27 Id.
28 Library of Congress, Constitution Annotated: Overview of Commerce Clause, https://constitution.congress.gov/browse/essay/artI-S8-

C3-1/ALDE_00013403/ (last visited Jan. 25, 2024).
STORAGE NAME: h1093b.IBS                                                                                                   PAGE: 13
DATE: 1/30/2024
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           HB 1093                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to the Florida Uniform Fiduciary
    3                Income and Principal Act; amending s. 738.101, F.S.;
    4                revising a short title; amending s. 738.102, F.S.;
    5                revising and providing definitions governing ch. 738,
    6                F.S.; amending s. 738.103, F.S.; specifying the scope
    7                of ch. 738, F.S.; amending s. 738.104, F.S.;
    8                specifying circumstances under which ch. 738, F.S.,
    9                applies to a trust; repealing s. 738.1041, F.S.,
10                   relating to total return unitrusts; repealing s.
11                   738.105, F.S., relating to judicial control of
12                   discretionary powers; amending s. 738.201, F.S.;
13                   specifying the duties of a fiduciary; providing that a
14                   fiduciary's allocation, determination, or exercise of
15                   discretion is presumed to be fair and reasonable to
16                   all beneficiaries; requiring a fiduciary to take
17                   specified actions; authorizing a fiduciary to exercise
18                   discretionary power of administration under specified
19                   circumstances; requiring the fiduciary to consider
20                   specified factors before exercising such discretionary
21                   power; providing for applicability; amending s.
22                   738.202, F.S.; defining the term "fiduciary decision";
23                   prohibiting a court from ordering a fiduciary to
24                   change his or her decision unless the decision was an
25                   abuse of discretionary power; prohibiting a court from

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        HB 1093                                                                                               2024




26                determining that a fiduciary abused its discretion
27                under specified conditions; authorizing a court to
28                order a specified remedy; authorizing a court to
29                determine whether a proposed fiduciary decision will
30                result in an abuse of discretion; providing that a
31                beneficiary who opposes a proposed decision has the
32                burden to establish that such decision is an abuse of
33                discretion; requiring that any attorney fees incurred
34                in defending an action related to the abuse of a
35                fiduciary's discretion be paid from trust assets;
36                creating s. 738.203, F.S.; authorizing a fiduciary to
37                adjust between income and principal if such adjustment
38                assists in administering the trust or estate
39                impartially; providing construction; providing that a
40                fiduciary is not liable to another for an adjustment,
41                or failure to adjust, between income and principal
42                made in good faith; requiring a fiduciary to consider
43                certain relevant factors when considering such
44                adjustment; prohibiting a fiduciary from exercising or
45                considering such adjustment if certain conditions
46                exist; revising applicability; authorizing a fiduciary
47                to release or delegate to a cofiduciary specified
48                powers to adjust under specified conditions; providing
49                requirements and powers for any such releases and
50                delegations; providing applicability; requiring that

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        HB 1093                                                                                               2024




51                the description of an exercise of the power to adjust
52                between income and principal contain specified
53                information; amending s. 738.301, F.S.; defining
54                terms; amending s. 738.302, F.S.; specifying
55                applicability of specified provisions; authorizing the
56                conversion of an income trust to a unitrust;
57                restricting provisions to trusts that are
58                beneficiaries of an estate; providing construction;
59                providing that a fiduciary acting in good faith is not
60                liable to a person affected by a certain action or
61                inaction; amending s. 738.303, F.S.; specifying the
62                authority of a fiduciary with respect to the
63                administration of certain trusts; providing the
64                circumstances under which a fiduciary may perform such
65                actions; authorizing a beneficiary or a fiduciary to
66                request the court to allow the beneficiary or
67                fiduciary to take a specified action; requiring a
68                fiduciary to inform specified persons of a decision to
69                take action; authorizing a beneficiary to request a
70                court to direct the fiduciary to take the requested
71                action under specified circumstances; requiring
72                fiduciaries to consider specified factors before
73                taking a certain action; authorizing a fiduciary to
74                release or delegate the power to take certain actions;
75                creating s. 738.304, F.S.; requiring a certain notice

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         HB 1093                                                                                               2024




 76                to be sent to specified parties; providing
 77                applicability; authorizing a person to consent to a
 78                specified action in a record; providing that such
 79                person does not need to be sent notice of such action;
 80                providing requirements for such notices; creating s.
 81                738.305, F.S.; requiring a fiduciary of a unitrust to
 82                follow a certain policy; providing rules for a
 83                unitrust policy; providing additional actions a
 84                unitrust policy may contain; creating s. 738.306,
 85                F.S.; requiring a unitrust rate to be within a
 86                specified range; authorizing a unitrust policy to
 87                provide for specified limits within such range;
 88                requiring a fiduciary who is a non-independent person
 89                to use a specified unitrust rate; creating s. 738.307,
 90                F.S.; requiring a unitrust policy to provide a
 91                specified method for determining fair market value of
 92                an asset in determining a unitrust amount; authorizing
 93                specified unitrust policies to provide methods for
 94                determining a certain net fair market value;
 95                prohibiting certain property from being included in
 96                the determination of the value of a trust; creating s.
 97                738.308, F.S.; requiring a unitrust policy to provide
 98                a specified period; specifying that such period must
 99                be a calendar year; authorizing a unitrust policy to
100                provide certain standards for periods; creating s.

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         HB 1093                                                                                               2024




101                738.309, F.S.; providing applicability; authorizing a
102                trustee of an express unitrust to determine the
103                unitrust amount by reference to the net fair market
104                value of the unitrust's assets in a specified
105                timeframe; providing that distribution of a unitrust
106                amount is considered a distribution of all the net
107                income of an express unitrust and is considered an
108                income interest; specifying that the unitrust amount
109                is considered a reasonable apportionment of the total
110                return of the express unitrust; providing that an
111                express unitrust that allows a distribution in excess
112                of a specified unitrust rate is considered a
113                distribution of all of the income of the unitrust;
114                authorizing an express unitrust to provide a mechanism
115                for changing the unitrust rate and for conversion from
116                a unitrust to an income trust or from an income trust
117                to a unitrust; specifying that unless an express
118                unitrust prohibits the power to change the rate or
119                convert the trust, the trustee has such power;
120                authorizing the governing instrument of an express
121                unitrust to grant the trustee discretion to adopt a
122                certain practice; specifying that unless an express
123                unitrust provides otherwise, the distribution of an
124                amount is considered a distribution from specified
125                sources in a specified order of priority; authorizing

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         HB 1093                                                                                               2024




126                a governing instrument of an express unitrust to allow
127                exclusion of specified assets; providing that the use
128                of such assets may be considered equivalent to income
129                or to the unitrust amount; creating s. 738.310, F.S.;
130                requiring a trustee, after the conversion of an income
131                trust to a unitrust, to consider the unitrust amount
132                paid from certain sources in a specified order of
133                priority; amending s. 738.401, F.S.; defining terms;
134                specifying that an attribute or action of an entity
135                includes an attribute or action from any other entity
136                in which the initial entity has an ownership interest
137                or holds another interest; requiring a fiduciary to
138                allocate certain money and tangible personal property
139                to income; requiring a fiduciary to allocate specified
140                property and money to principal; providing that
141                certain money received in an entity distribution is a
142                capital distribution in specified circumstances;
143                specifying that in cases of capital distribution, the
144                amount received in an entity distribution must be
145                reduced to the extent that cumulative distributions
146                from the entity to the fiduciary are within certain
147                ranges; authorizing a fiduciary to consider additional
148                information before deciding to make or change a
149                decision to make a payment to a beneficiary; providing
150                that if a fiduciary receives specified additional

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         HB 1093                                                                                               2024




151                information after a distribution to a beneficiary, the
152                fiduciary is not required to change or recover the
153                payment; authorizing a fiduciary in such a situation
154                to exercise other specified powers; revising
155                definitions; requiring a fiduciary to allocate certain
156                money and property to principal; providing the
157                mechanism for such allocation; defining the term
158                "public entity"; conforming provisions to changes made
159                by the act; amending s. 738.402, F.S.; conforming
160                provisions to changes made by the act; amending s.
161                738.403, F.S.; providing applicability; authorizing a
162                fiduciary to make certain determinations separately
163                and differently from the decisions concerning
164                distributions of income or principal; conforming
165                provisions to changes made by the act; making
166                technical changes; creating s. 738.404, F.S.;
167                specifying receipts that a fiduciary must allocate to
168                principal; creating s. 738.405, F.S.; providing for
169                the allocation of income from rental property;
170                creating s. 738.406, F.S.; specifying applicability;
171                requiring a fiduciary to allocate to income certain
172                amounts received as interest; requiring a fiduciary to
173                allocate to income increments in value of certain
174                bonds or other obligations; creating s. 738.407, F.S.;
175                specifying applicability; requiring a fiduciary to

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         HB 1093                                                                                               2024




176                allocate proceeds from insurance policies or contracts
177                to principal in a specified manner; creating s.
178                738.408, F.S.; specifying circumstances under which a
179                fiduciary may allocate an insubstantial allocation to
180                principal, subject to certain conditions and
181                limitations; creating s. 738.409, F.S.; defining
182                terms; specifying the manner in which a fiduciary may
183                determine incomes of separate funds; providing duties
184                of a fiduciary of a marital trust and other trusts;
185                requiring a fiduciary of a nonseparate fund to
186                calculate internal income in a specified manner;
187                providing construction; transferring, renumbering, and
188                amending s. 738.603, F.S.; revising the definition of
189                the term "liquidating asset"; providing applicability;
190                requiring a fiduciary to allocate to income and
191                principal the receipts produced by liquidating assets
192                in a certain manner; transferring, renumbering, and
193                amending s. 738.604, F.S.; requiring a fiduciary to
194                allocate the receipts from interests in minerals,
195                water, or other natural resources to income,
196                principal, or between income and principal under
197                specified conditions; revising applicability;
198                providing that an allocation between income and
199                principal from a receipt from a natural resource is
200                presumed equitable under a specified condition;

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         HB 1093                                                                                               2024




201                providing construction; transferring, renumbering, and
202                amending s. 738.605, F.S.; requiring a fiduciary to
203                allocate receipts from timber to income, principal, or
204                between income and principal under specified
205                conditions; revising applicability; transferring,
206                renumbering, and amending s. 738.606, F.S.;
207                authorizing a settlor's spouse to require the trustee
208                of a trust that receives certain property to make such
209                property produce income under specified conditions;
210                authorizing the trustee to take specified actions if
211                directed by such spouse; providing that the trustee
212                decides whether to take one or a combination of such
213                actions; revising applicability; providing
214                construction; transferring, renumbering, and amending
215                s. 738.607, F.S.; revising the definition of the term
216                "derivative"; requiring a fiduciary to allocate
217                specified percentages of certain receipts and
218                disbursements to income and allocate the balance to
219                principal; providing construction; requiring certain
220                fiduciaries to allocate a specified percentage to
221                income and allocate the balance to principal of
222                certain amounts; transferring, renumbering, and
223                amending s. 738.608, F.S.; requiring a fiduciary to
224                allocate to income a receipt from or related to asset -
225                backed securities under a specified condition;

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         HB 1093                                                                                               2024




226                requiring a fiduciary to allocate to income a
227                specified percentage of receipts from the transaction
228                and the disbursement of a payment received as a result
229                of an interest in an asset-backed security; conforming
230                provisions to changes made by the act; creating s.
231                738.416, F.S.; requiring a fiduciary to make specified
232                allocations from receipts from other financial
233                instruments or arrangements; providing construction;
234                amending s. 738.501, F.S.; specifying the manner by
235                which a fiduciary must make disbursements from income;
236                amending s. 738.502, F.S.; specifying the manner by
237                which a fiduciary must make disbursements from
238                principal; amending s. 738.503, F.S.; defining the
239                term "depreciation"; specifying the manner by which a
240                fiduciary may make transfers from income to principal
241                to account for depreciation; amending s. 738.504,
242                F.S.; specifying the manner by which a fiduciary may
243                make transfers from principal to income for
244                reimbursements; transferring, renumbering, and
245                amending s. 738.704, F.S.; providing that a fiduciary
246                that makes or expects to make a certain principal
247                disbursement may transfer an appropriate amount from
248                income to principal in one or more accounting periods;
249                providing applicability; making technical changes;
250                deleting a provision relating to payments necessary to

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         HB 1093                                                                                               2024




251                avoid defaulting on a mortgage or security interest on
252                certain property; transferring, renumbering, and
253                amending s. 738.705, F.S.; revising the sources from
254                which a fiduciary must pay a tax required by a share
255                of an entity's taxable income; requiring a fiduciary
256                to adjust income or principal receipts if the taxes
257                paid are reduced due to a deduction for a payment made
258                to a beneficiary; providing construction; making
259                technical changes; transferring, renumbering, and
260                amending s. 738.706, F.S.; revising the circumstances
261                under which a fiduciary may make adjustments between
262                income and principal to offset shifts in the economic
263                interests or tax benefits of specified beneficiaries;
264                requiring a fiduciary to charge a beneficiary to
265                reimburse the principal if the beneficiary benefits
266                from an applicable tax deduction; requiring the share
267                of reimbursement for each fiduciary or beneficiary to
268                be the same as its share of the decrease in income
269                tax; authorizing such fiduciary to charge a
270                beneficiary to offset the estate tax by obtaining
271                payment from the beneficiary, withholding an amount
272                from future distributions, or adopting another method
273                or combination of methods; creating s. 738.508, F.S.;
274                defining terms; specifying the manner by which
275                property expenses are apportioned between a tenant and

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         HB 1093                                                                                               2024




276                remainderman; providing applicability and
277                construction; amending s. 738.601, F.S.; providing
278                applicability; specifying the manner by which a
279                fiduciary determines and distributes net income;
280                providing circumstances under which a fiduciary may
281                not reduce certain principal or income receipts;
282                amending s. 738.602, F.S.; providing that certain
283                beneficiaries of non-unitrusts are entitled to receive
284                a specified share of net income; providing that
285                certain requirements apply in determining a
286                beneficiary's share of net income; providing
287                construction; amending s. 738.701, F.S.; providing
288                that an income beneficiary is entitled to net income
289                when an asset is subject to a certain trust or
290                successive interest; providing that an asset becomes
291                subject to a specified trust on certain dates;
292                amending s. 738.702, F.S.; specifying the manner by
293                which a fiduciary allocates certain receipts and makes
294                disbursements when a decedent dies or income interest
295                begins; providing construction; amending s. 738.703,
296                F.S.; defining the term "undistributed income";
297                specifying the manner by which a fiduciary makes
298                allocations of undistributed income when income
299                interest ends; amending s. 738.801, F.S.; providing
300                for uniform application and construction of the act;

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         HB 1093                                                                                               2024




301                amending s. 738.802, F.S.; providing construction in
302                relation to federal law; amending s. 738.803, F.S.;
303                making a technical change; amending s. 738.804, F.S.;
304                revising application of ch. 738, F.S., to conform to
305                changes made by the act; providing an effective date.
306
307      Be It Enacted by the Legislature of the State of Florida:
308
309                Section 1.       Section 738.101, Florida Statutes, is amended
310      to read:
311                738.101      Short title.—This chapter may be cited as the
312      "Florida Uniform Fiduciary Income and Principal and Income Act."
313                Section 2.       Section 738.102, Florida Statutes, is amended
314      to read:
315                738.102      Definitions.—As used in this chapter, the term:
316                (1)       "Accounting period" means a calendar year unless
317      another 12-month period is selected by a fiduciary selects
318      another period of 12 calendar months or approximately 12
319      calendar months. The term includes a part portion of a calendar
320      year or another period of 12 calendar months or approximately 12
321      calendar months which other 12-month period that begins when an
322      income interest begins or ends when an income interest ends.
323                (2)       "Asset-backed security," as provided in s. 738.415,
324      means a security that is serviced primarily by the cash flows of
325      a discrete pool of fixed or revolving receivables or other

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         HB 1093                                                                                               2024




326      financial assets that by their terms convert to cash withi n a
327      finite time. The term includes rights or other assets that
328      ensure the servicing or timely distribution of proceeds to the
329      holder of the asset-backed security. The term does not include
330      an asset to which s. 738.401, s. 738.409, or s. 738.414 applies.
331                (3)       "Beneficiary" includes:
332                (a)       For a trust:
333                1.    A current beneficiary, including a current income
334      beneficiary and a beneficiary that may receive only principal;
335                2.    A remainder beneficiary; and
336                3.    Any other successor beneficiary;
337                (b)       For an estate, an heir, and a devisee; and
338                (c)       For a life estate or term interest, a person who holds
339      a life estate, a term interest, or a remainder or other interest
340      following a life estate or term interest means, in the case of a
341      decedent's estate, an heir or devisee and, in the case of a
342      trust, an income beneficiary or a remainder beneficiary .
343                (4)(3)      "Carrying value" means the fair market value at the
344      time the assets are received by the fiduciary. For an estate and
345      for a trust the estates of decedents and trusts described in s.
346      733.707(3), after the grantor's death, the assets are considered
347      received as of the date of the settlor's death. If there is a
348      change in fiduciaries, a majority of the continuing fiduciaries
349      may elect to adjust the carrying values to reflect the fair
350      market value of the assets at the beginning of their

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         HB 1093                                                                                               2024




351      administration. If such election is made, it must be reflected
352      on the first accounting filed after the election. For assets
353      acquired during the administration of the estate or trust, the
354      carrying value is equal to the acquisition costs of the asset.
355      Carrying value of assets should not be arbitrarily "written up"
356      or "written down." In some circumstances, including, but not
357      limited to, those described in ss. 738.410 and 738.602, carrying
358      value may be adjusted with proper disclosure to reflect changes
359      in carrying value applied in a consistent manner.
360                (5)       "Court" means a circuit court of this state.
361                (6)       "Current income beneficiary" means a beneficiary to
362      which a fiduciary may distribute net income, regardless of
363      whether the fiduciary also distributes principal to the
364      beneficiary.
365                (7)       "Distribution," "distribute," "distributed," or
366      "distributee" means a payment or transfer by a fiduciary to a
367      beneficiary in the beneficiary's capacity as a beneficiary,
368      without consideration other than the beneficiary's right to
369      receive the payment or transfer under the terms of the trust as
370      defined in this section, or in a will, a life estate, or a term
371      interest.
372                (8)       "Estate" means a decedent's estate, including the
373      property of the decedent as the estate is originally constituted
374      and the property of the estate as it exists at any time during
375      administration.

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         HB 1093                                                                                               2024




376                (9)(4)       "Fiduciary" includes means a trustee, a trust
377      director as defined in s. 736.0103, or a personal
378      representative, and a person acting under a delegation from a
379      fiduciary or a trustee. The term also includes a person that
380      holds property for a successor beneficiary whose interest may be
381      affected by an allocation of receipts and expenditures between
382      income and principal. If there are two or more cofiduciaries,
383      the term includes all cofiduciaries acting under the terms of
384      the trust and applicable law an executor, administrator,
385      successor personal representative, special administrator, or a
386      person performing substantially the same function.
387                (10)(5)       "Income" means money or other property that a
388      fiduciary receives as current return from a principal asset. The
389      term includes a part portion of receipts from a sale, exchange,
390      or liquidation of a principal asset, to the extent provided in
391      ss. 738.401-738.416 ss. 738.401-738.403 and s. 738.503.
392                (6)        "Income beneficiary" means a person to whom net income
393      of a trust is or may be payable.
394                (11)(7)       "Income interest" means the right of a current an
395      income beneficiary to receive all or part of net income, whether
396      the terms of the trust require the net income to be distributed
397      or authorize the net income to be distributed in the fiduciary's
398      trustee's discretion. The term includes the right of a current
399      beneficiary to use property held by a fiduciary.
400                (12)       "Independent person" means a person who is not:

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         HB 1093                                                                                               2024




401                (a)        For a trust:
402                1.     A qualified beneficiary as defined in s. 736.0103;
403                2.     A settlor of the trust;
404                3.     An individual whose legal obligation to support a
405      beneficiary may be satisfied by a distribution from the trust;
406      or
407                4.     Any trustee whom an interested distributee has the
408      power to remove and replace with a related or subordinate party.
409                (b)        For an estate, a beneficiary;
410                (c)        A spouse, a parent, a brother, a sister, or an issue
411      of an individual described in paragraph (a) or paragraph (b);
412                (d)        A corporation, a partnership, a limited liability
413      company, or another entity in which persons describ ed in
414      paragraphs (a), (b), and (c), in the aggregate, have voting
415      control; or
416                (e)        An employee of a person described in paragraph (a),
417      paragraph (b), paragraph (c), or paragraph (d).
418                (13)       "Internal Revenue Code" means the Internal Revenue
419      Code of 1986, as amended.
420                (14)(8)        "Mandatory income interest" means the right of a
421      current an income beneficiary to receive net income that the
422      terms of the trust require the fiduciary to distribute.
423                (15)(9)        "Net income" means the total allocations receipts
424      allocated to income during an accounting period to income under
425      the terms of a trust and this chapter minus the disbursements

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426      made from income during the period, other than distributions,
427      allocated to income under the terms of the trust and this
428      chapter. To the extent that the trust is a unitrust under ss.
429      738.301-738.310, the term means the unitrust amount determined
430      under ss. 738.301-738.310. The term includes the amount of an
431      adjustment from principal to income under s. 738.203. The term
432      does not include the amount of an adjustment plus or minus
433      transfers under this chapter to or from income to principal
434      under s. 738.203 during the period.
435                (16)(10)         "Person" means an individual, a business or a
436      nonprofit entity, corporation, business trust, an estate, a
437      trust, partnership, limited liability company, association,
438      joint venture, a public corporation, or any other legal or
439      commercial entity or a government or governmental subdivision,
440      agency, or instrumentality, or other legal entity.
441                (17)       "Personal representative" means an executor, an
442      administrator, a successor personal representative, a special
443      administrator, or a person that performs substantially the same
444      function with respect to an estate under the law governing the
445      person's status.
446                (18)(11)         "Principal" means property held in trust for
447      distribution to, production of income for, or use by a current
448      or successor a remainder beneficiary when the trust terminates.
449                (19)       "Record" means information inscribed on a tangible
450      medium or stored in an electronic or other medium and is

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451      retrievable in perceivable form.
452                (20)       "Settlor" means a person, including a testator, who
453      creates or contributes property to a trust. If more than one
454      person creates or contributes property to a trust, the term
455      includes each person, to the extent of the trust property
456      attributable to that person's contribution, except to the extent
457      that another person has the power to revoke or withdraw that
458      portion.
459                (21)       "Special tax benefit" means:
460                (a)        Exclusion of a transfer to a trust from gifts
461      described in s. 2503(b) of the Internal Revenue Code because of
462      the qualification of an income interest in the trust as a
463      present interest in property;
464                (b)        Status as a qualified subchapter S trust described in
465      s. 1361(d)(3) of the Internal Revenue Code at a time the trust
466      holds stock of an S corporation described in s. 1361(a)(1) of
467      the Internal Revenue Code;
468                (c)        An estate or gift tax marital deduction for a transfer
469      to a trust under s. 2056 or s. 2523 of the Internal Revenue Code
470      which depends or depended in whole or in part on the right of
471      the settlor's spouse to receive the net income of the trust;
472                (d)        Exemption in whole or in part of a trust from the
473      federal generation-skipping transfer tax imposed by s. 2601 of
474      the Internal Revenue Code because the trust was irrevocable on
475      September 25, 1985, if there is any possibility that:

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         HB 1093                                                                                                2024




476                1.     A taxable distribution as defined in s. 2612(b) of the
477      Internal Revenue Code could be made from the trust; or
478                2.     A taxable termination as defined in s. 2612(a) of the
479      Internal Revenue Code could occur with respect to the trust; or
480                (e)        An inclusion ratio as defined in s. 2642(a) of the
481      Internal Revenue Code of the trust which is less than one, if
482      there is any possibility that:
483                1.     A taxable distribution as defined in s. 2612(b) of the
484      Internal Revenue Code could be made from the trust; or
485                2.     A taxable termination as defined in s. 2612(a) of the
486      Internal Revenue Code could occur with respect to the trust.
487                (22)       "Successive interest" means the interest of a
488      successor beneficiary.
489                (23)(12)          "Successor Remainder beneficiary" means a person
490      entitled to receive income or principal or to use property when
491      an income interest or other current interest ends.
492                (24)(13)          "Terms of a trust" means:
493                (a)        Except as otherwise provided in paragraph (b), the
494      manifestation of the settlor's intent regarding a trust's
495      provisions as:
496                1.     Expressed in the will or trust instrument; or
497                2.     Established by other evidence that would be admissible
498      in a judicial proceeding.
499                (b)        The trust's provisions as established, determined, or
500      amended by:

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         HB 1093                                                                                               2024




501                1.     A trustee or trust director in accordance with the
502      applicable law;
503                2.     A court order; or
504                3.     A nonjudicial settlement agreement under s. 736.0111.
505                (c)        For an estate, a will; or
506                (d)        For a life estate or term interest, the corresponding
507      manifestation of the rights of the beneficiaries to the extent
508      provided in s. 738.508 the manifestation of the intent of a
509      grantor or decedent with respect to the trust, expressed in a
510      manner that admits of its proof in a judicial proceeding,
511      whether by written or spoken words or by conduct.
512                (25)       "Trust" includes an express trust, whether private or
513      charitable, with additions to the trust, wherever and however
514      created; and a trust created or determined by a judgment or
515      decree under which the trust is to be administered. The term
516      does not include a constructive trust; a resulting trust; a
517      conservatorship; a custodial arrangement under the Florida
518      Uniform Transfers to Minors Act; a business trust providing for
519      certificates to be issued to beneficiaries; a common trust fund;
520      a land trust under s. 689.071; a trust created by the form of
521      the account or by the deposit agreement at a financial
522      institution; a voting trust; a security arrangement; a
523      liquidation trust; a trust for the primary purpose of paying
524      debts, dividends, interest, salaries, wages, profits, pensions,
525      retirement benefits, or employee benefits of any kind; or an

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526      arrangement under which a person is a nominee, an escrowee, or
527      an agent for another.
528                (26)(14)          "Trustee" means a person, other than a personal
529      representative, that owns or holds property for the benefit of a
530      beneficiary. The term includes an original, additional, or
531      successor trustee, regardless of whether they are or not
532      appointed or confirmed by a court.
533                (27)       "Will" means any testamentary instrument recognized
534      under applicable law which makes a legally effective disposition
535      of an individual's property, effective at the individual's
536      death. The term includes a codicil or other amendment to a
537      testamentary instrument.
538                Section 3.         Section 738.103, Florida Statutes, is amended
539      to read:
540                (Substantial rewording of section. See
541                s. 738.103, F.S., for present text.)
542                738.103       Scope.—Except as otherwise provided in the terms
543      of a trust or this chapter, this chapter applies to all of the
544      following:
545                (1)        A trust or an estate.
546                (2)        A life estate or other term interest in which the
547      interest of one or more persons will be succeeded by the
548      interest of one or more other persons to the extent provided in
549      s. 738.508.
550                Section 4.         Section 738.104, Florida Statutes, is amended

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         HB 1093                                                                                               2024




551      to read:
552                (Substantial rewording of section. See
553                s. 738.104, F.S., for present text.)
554                738.104      Governing law.—Except as otherwise provided in the
555      terms of a trust or this chapter, this chapter applies when this
556      state is the principal place of administration of a trust or
557      estate or the situs of property that is not held in a trust or
558      estate and is subject to a life estate or other term interest
559      described in s. 738.103(2). By accepting the trusteeship of a
560      trust having its principal place of administration in this state
561      or by moving the principal place of administration of a trust to
562      this state, the trustee submits to the application of this
563      chapter to any matter within the scope of this chapter involving
564      the trust.
565                Section 5.       Section 738.1041, Florida Statutes, is
566      repealed.
567                Section 6.       Section 738.105, Florida Statutes, is repealed.
568                Section 7.       Section 738.201, Florida Statutes, is amended
569      to read:
570                (Substantial rewording of section. See
571                s. 738.201, F.S., for present text.)
572                738.201      Fiduciary duties; general principles.—
573                (1)       In making an allocation or determination or exercising
574      discretion under this chapter, a fiduciary shall do all of the
575      following:

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576                (a)       Act in good faith, based on what is a fair and
577      reasonable fee to all beneficiaries;
578                (b)       Administer a trust or estate impartially, except to
579      the extent that the terms of the trust manifest an intent that
580      the fiduciary favors one or more beneficiaries;
581                (c)       Administer the trust or estate in accordance with the
582      terms of the trust, even if there is a different provision in
583      this chapter.
584                (d)       Administer the trust or estate in accordance with this
585      chapter, except to the extent that the terms of the tru st
586      provide otherwise or authorize the fiduciary to determine
587      otherwise.
588                (2)       A fiduciary's allocation, determination, or exercise
589      of discretion under this chapter is presumed to be fair and
590      reasonable to all beneficiaries. A fiduciary may exercise a
591      discretionary power of administration given to the fiduciary by
592      the terms of the trust, and an exercise of the power that
593      produces a result different from a result required or permitted
594      by this chapter does not create an inference that the fiduciary
595      abused the fiduciary's discretion.
596                (3)       A fiduciary shall:
597                (a)       Add a receipt to principal, to the extent that the
598      terms of the trust and this chapter do not allocate the receipt
599      between income and principal;
600                (b)       Charge a disbursement to principal, to the extent that

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601      the terms of the trust and this chapter do not allocate the
602      disbursement between income and principal; and
603                (c)       Within 65 days after the fiscal year ends, add any
604      undistributed income to principal, unless otherwise provided by
605      the terms of the trust.
606                (4)       A fiduciary may exercise the power to adjust under s.
607      738.203(1), convert an income trust to a unitrust under ss.
608      738.301-738.310, change the percentage or method used to
609      calculate a unitrust amount under ss. 738.301-738.310, or
610      convert a unitrust to an income trust under ss. 738.301-738.310
611      if the fiduciary determines the exercise of the power will
612      assist the fiduciary to administer the trust or estate
613      impartially.
614                (5)       The fiduciary must consider the following factors in
615      making the determination in subsection (4), including:
616                (a)       The terms of the trust.
617                (b)       The nature, distribution standards, and expected
618      duration of the trust.
619                (c)       The effect of the allocation rules, including specific
620      adjustments between income and principal, under ss. 738.30 1-
621      738.416.
622                (d)       The desirability of liquidity and regularity of
623      income.
624                (e)       The desirability of the preservation and appreciation
625      of principal.

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         HB 1093                                                                                               2024




626                (f)       The extent to which an asset is used or may be used by
627      a beneficiary.
628                (g)       The increase or decrease in the value of principal
629      assets, reasonably determined by the fiduciary.
630                (h)       Whether and to what extent the terms of the trust give
631      the fiduciary power to accumulate income or invade principal or
632      prohibit the fiduciary from accumulating income or invading
633      principal.
634                (i)       The extent to which the fiduciary has accumulated
635      income or invaded principal in preceding accounting periods.
636                (j)       The effect of current and reasonably expected economic
637      conditions.
638                (k)       The reasonably expected tax consequences of the
639      exercise of the power.
640                (l)       The identities and circumstances of the beneficiaries.
641                (6)       Except as provided in ss. 738.301-738.310, this
642      chapter pertains to the administration of a trust and is
643      applicable to any trust that is administered in this state or
644      under its law. This chapter also applies to any estate that is
645      administered in this state unless the provision is limited in
646      application to a trustee, rather than a fiduciary.
647                Section 8.       Section 738.202, Florida Statutes, is amended
648      to read:
649                (Substantial rewording of section. See
650                s. 738.202, F.S., for present text.)

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         HB 1093                                                                                               2024




651                738.202      Judicial review of exercise of discretionary
652      power; request for instruction.—
653                (1)       As used in this section, the term "fiduciary decision"
654      means any of the following:
655                (a)       A fiduciary's allocation between income and principal
656      or other determination regarding income and principal required
657      or authorized by the terms of the trust or this chapter.
658                (b)       The fiduciary's exercise or nonexercise of a
659      discretionary power regarding income and principal granted by
660      the terms of the trust or this chapter, including the power to
661      adjust under s. 738.203, convert an income trust to a unitrust
662      under ss. 738.301-738.310, change the percentage of method used
663      to calculate a unitrust amount under ss. 738.301-738.310,
664      convert a unitrust to an income trust under ss. 738.301 -738.310,
665      or the method used to make property productive of income under
666      s. 738.413.
667                (c)       The fiduciary's implementation of a decision described
668      in paragraph (a) or paragraph (b).
669                (2)       The court may not order a fiduciary to change a
670      fiduciary decision unless the court determines that the
671      fiduciary decision was an abuse of the fiduciary's discretion. A
672      court may not determine that a fiduciary abused its discretion
673      merely because the court would have exercised the discretion in
674      a different manner or would not have exercised the discretion.
675                (3)       If the court determines that a fiduciary decision was

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         HB 1093                                                                                               2024




676      an abuse of the fiduciary's discretion, the court may order a
677      remedy authorized by law, including those prescribed under ss.
678      736.1001 and 736.1002. Following such a determination by the
679      court, the remedy is to place the beneficiaries in the positions
680      the beneficiaries would have occupied if the fiduciary had not
681      abused its discretion, as follows:
682                (a)       The court may order the fiduciary to exercise or
683      refrain from exercising the power to adjust under s. 738.203;
684                (b)       The court may order the fiduciary to exercise or
685      refrain from exercising the power to convert an income trust to
686      a unitrust under ss. 738.301-738.310, change the percentage or
687      method used to calculate a unitrust amount under ss. 738.301 -
688      738.310, or convert a unitrust to an income trust under ss.
689      738.301-738.310;
690                (c)       The court may compel the fiduciary to take any of the
691      actions listed under s. 738.413;
692                (d)       To the extent that the abuse of discretion has
693      resulted in no distribution to a beneficiary or a distribution
694      that is too small, the court shall require the fiduciary to
695      distribute from the trust to the beneficiary an amount the court
696      determines will restore the beneficiary, in whole or in part, to
697      his or her appropriate position;
698                (e)       To the extent that the abuse of discretion has
699      resulted in a distribution to a beneficiary that is too large,
700      the court shall restore the beneficiaries, the trust, or both,

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         HB 1093                                                                                               2024




701      in whole or in part, to their appropriate positions by requiring
702      the fiduciary to withhold an amount from one or more future
703      distributions to the beneficiary who received the distribution
704      that was too large or requiring that beneficiary to return some
705      or all of the distribution to the trust; or
706                (f)       To the extent that the court is unable, after applying
707      paragraphs (a)-(e), to restore the beneficiaries or the trust,
708      or both, to the positions they would have occupied if the
709      fiduciary had not abused its discretion, the court may require
710      the fiduciary to pay an appropriate amount from its own funds to
711      one or more of the beneficiaries or the trust or both.
712                (4)       On petition by the fiduciary for instruction, the
713      court may determine whether a proposed fiduciary decision will
714      result in an abuse of the fiduciary's discretion. If the
715      petition describes the proposed decision, contains sufficient
716      information to inform the beneficiary of the reasons for making
717      the proposed decision and the facts on which the fiduciary
718      relies, and explains how the beneficiary will be affected by the
719      proposed decision, a beneficiary who opposes the proposed
720      decision has the burden to establish that it will result in an
721      abuse of the fiduciary's discretion.
722                (5)       If an action is instituted alleging an abuse of
723      discretion in the exercise or nonexercise of the fiduciary's
724      discretion under this chapter and the court determines no abuse
725      of discretion has occurred, the fiduciary's costs and attorney

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         HB 1093                                                                                               2024




726      fees incurred in defending the action shall be paid from the
727      trust assets.
728                Section 9.       Section 738.203, Florida Statutes, is created
729      to read:
730                738.203      Fiduciary's power to adjust.—
731                (1)       Except as otherwise provided in the terms of a trust
732      or this section, a fiduciary, in a record without court
733      approval, may adjust between income and principal if the
734      fiduciary determines that the exercise of the power to adjust
735      will assist the fiduciary in administering the trust or estate
736      impartially.
737                (2)       This section does not create a duty to exercise or
738      consider the power to adjust under subsection (1) or to inform a
739      beneficiary about the applicability of this section.
740                (3)       A fiduciary that in good faith exercises or fails to
741      exercise the power to adjust under subsection (1) is not liable
742      to a person affected by the exercise or failure to exercise.
743                (4)       In deciding whether and to what extent to exercise the
744      power to adjust under subsection (1), a fiduciary shall consider
745      all factors the fiduciary considers relevant, including relevant
746      factors in s. 738.201(5) and ss. 738.408 and 738.413.
747                (5)       A fiduciary may not exercise the power under
748      subsection (1) to make an adjustment or under s. 738.408 to make
749      a determination that an allocation is insubstantial if:
750                (a)       The adjustment or determination would reduce the

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         HB 1093                                                                                               2024




751      amount payable to a current income beneficiary from a trust that
752      qualifies for a special tax benefit, except to the extent that
753      the adjustment is made to provide for a reasonable apportionment
754      of the total return of the trust between the current income
755      beneficiary and successor beneficiaries;
756                (b)       The adjustment or determination would change the
757      amount payable to a beneficiary, as a fixed annuity or a fixed
758      fraction of the value of the trust assets, under the terms of
759      the trust;
760                (c)       The adjustment or determination would reduce an amount
761      that is permanently set aside for a charitable purpose under the
762      terms of the trust unless both income and principal are set
763      aside for the charitable purpose;
764                (d)       Possessing or exercising the power would cause a
765      person to be treated as the owner of all or part of the trust
766      for federal income tax purposes and the person would not be
767      treated as the owner if the fiduciary did not possess the power
768      to adjust;
769                (e)       Possessing or exercising the power would cause all or
770      part of the value of the trust assets to be included in the
771      gross estate of an individual for federal real estate tax
772      purposes and the assets would not be included in the gross
773      estate of the individual if the fiduciary did not possess the
774      power to adjust;
775                (f)       Possessing or exercising the power would cause an

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         HB 1093                                                                                               2024




776      individual to be treated as making a gift for federal gift tax
777      purposes;
778                (g)       The fiduciary is not an independent person;
779                (h)       The trust is irrevocable and provides for income t o be
780      paid to the settlor, and possessing or exercising the power
781      would cause the adjusted principal or income to be considered an
782      available resource or available income under a public -benefit
783      program; or
784                (i)       The trust is a unitrust under ss. 738.301-738.310.
785                (6)       If paragraph (5)(d), paragraph (5)(e), paragraph
786      (5)(f), or paragraph (5)(g) applies to a fiduciary:
787                (a)       A cofiduciary to which paragraphs (5)(d)-(g) do not
788      apply may exercise the power to adjust, unless the exercise of
789      the power by the remaining cofiduciary or cofiduciaries is not
790      permitted by the terms of the trust or law other than this
791      chapter; or
792                (b)       If there is no cofiduciary to which paragraphs (5)(d) -
793      (g) do not apply, the fiduciary may appoint a cofiduciary to
794      which paragraphs (5)(d)-(g) do not apply which may be a special
795      fiduciary with limited powers, and the appointed cofiduciary may
796      exercise the power to adjust under subsection (1), unless the
797      appointment of a cofiduciary or the exercise of the power by a
798      cofiduciary is not permitted by the terms of the trust or law
799      other than this chapter.
800                (7)       A fiduciary may release or delegate to a cofiduciary

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         HB 1093                                                                                               2024




801      the power to adjust under subsection (1) if the fiduciary
802      determines that the fiduciary's possession or exercise of the
803      power will or may:
804                (a)       Cause a result described in paragraph (5)(a),
805      paragraph (5)(b), paragraph (5)(c), paragraph (5)(d), paragraph
806      (5)(e), paragraph (5)(f), or paragraph (5)(h); or
807                (b)       Deprive the trust of a tax benefit or impose a tax
808      burden not described in paragraph (5)(a), paragraph (5)(b),
809      paragraph (5)(c), paragraph (5)(d), paragraph (5)(e), or
810      paragraph (5)(f).
811                (8)       A fiduciary's release or delegation to a cofiduciary
812      under subsection (7) of the power to adjust under subsection
813      (1):
814                (a)       Must be in a record;
815                (b)       Applies to the entire power, unless the release or
816      delegation provides a limitation, which may be a limitation to
817      the power to adjust:
818                1.    From income to principal;
819                2.    From principal to income;
820                3.    For specified property; or
821                4.    In specified circumstances.
822                (c)       For a delegation, may be modified by a redelegation
823      under this subsection by the cofiduciary to which the delegation
824      is made; and
825                (d)       Subject to paragraph (c), is permanent, unless the

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         HB 1093                                                                                               2024




826      release or delegation provides a specified period, including a
827      period measured by the life of an individual or the lives of
828      more than one individual.
829                (9)        Terms of a trust that deny or limit the power to
830      adjust between income and principal do not affect the
831      application of this section, unless the terms of the trust
832      expressly deny or limit the power to adjust under subsection
833      (1).
834                (10)       The exercise of the power to adjust under subsection
835      (1) in any accounting period may apply to the current period,
836      the immediately preceding period, and one or more subse quent
837      periods.
838                (11)       A description of the exercise of the power to adjust
839      under subsection (1) must be:
840                (a)        Included in a report, if any, sent to beneficiaries
841      under s. 736.0813; or
842                (b)        Communicated at least annually to the qualified
843      beneficiaries as defined in s. 736.0103 other than the Attorney
844      General.
845                (12)       With respect to a trust in existence on January 1,
846      2003:
847                (a)        A fiduciary may not have the power to adjust under
848      this section until the statement required in subsection (13) is
849      provided and either no objection is made or any objection which
850      is made has been terminated.

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         HB 1093                                                                                               2024




851                1.    An objection is made if, within 60 days after the date
852      of the statement required in subsection (13), a super majority
853      of the eligible beneficiaries deliver to the fiduciary a written
854      objection to the application of this section to such trust. An
855      objection shall be deemed to be delivered to the fiduciary on
856      the date the objection is mailed to the mailing address listed
857      in the notice provided in subsection (13).
858                2.    An objection is terminated upon the earlier of the
859      receipt of consent from a super majority of eligible
860      beneficiaries of the class that made the objection, or the
861      resolution of the objection under paragraph (c).
862                (b)       An objection or consent under this section may b e
863      executed by a legal representative or natural guardian of a
864      beneficiary without the filing of any proceeding or approval of
865      any court.
866                (c)       If an objection is delivered to the fiduciary, then
867      the fiduciary may petition the circuit court for an order
868      quashing the objection and vesting in such fiduciary the power
869      to adjust under this section. The burden will be on the
870      objecting beneficiaries to prove that the power to adjust would
871      be inequitable, illegal, or otherwise in contravention of the
872      grantor's intent. The court may award costs and attorney fees
873      relating to the fiduciary's petition in the same manner as in
874      chancery actions. When costs and attorney fees are to be paid
875      out of the trust, the court may, in its discretion, direct from

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         HB 1093                                                                                               2024




876      which part of the trust they shall be paid.
877                (d)       If no timely objection is made or if the fiduciary is
878      vested with the power to adjust by court order, the fiduciary
879      may thereafter exercise the power to adjust without providing
880      notice of its intent to do so unless, in vesting the fiduciary
881      with the power to adjust, the court determines that unusual
882      circumstances require otherwise.
883                (e)1.      If a fiduciary makes a good faith effort to comply
884      with the notice provisions of subsection (13), but fails to
885      deliver notice to one or more beneficiaries entitled to such
886      notice, neither the validity of the notice required under this
887      subsection nor the fiduciary's power to adjust under this
888      section shall be affected until the fiduciary has actual notice
889      that one or more beneficiaries entitled to notice were not
890      notified. Until the fiduciary has actual notice of the notice
891      deficiency, the fiduciary shall have all of the powers and
892      protections granted a fiduciary with the power to adjust under
893      this chapter.
894                2.    When the fiduciary has actual notice that one or more
895      beneficiaries entitled to notice under subsection (13) were not
896      notified, the fiduciary's power to adjust under this section
897      shall cease until all beneficiaries who are entitled to such
898      notice, including those who were previously provided with such
899      notice, are notified and given the opportunity to object as
900      provided for under this subsection.

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         HB 1093                                                                                               2024




901                (f)       The objection of a super majority of eligible
902      beneficiaries under this subsection shall be valid for a period
903      of 1 year after the date of the notice set forth in subsection
904      (13). Upon expiration of the objection, the fiduciary may
905      thereafter give a new notice under subsection (13).
906                (g)       This section is not intended to create or imply a duty
907      of the fiduciary of a trust existing on January 1, 2003, to seek
908      a power to adjust under this subsection or to give the notice
909      described in subsection (13) if the fiduciary does not desire to
910      have a power to adjust under this section, and no inference of
911      impropriety shall be made as the result of a fiduciar y not
912      seeking a power to adjust under this subsection.
913                (13)(a)      A fiduciary of a trust in existence on January 1,
914      2003, that is not prohibited under subsection (5) from
915      exercising the power to adjust shall, any time before initially
916      exercising the power, provide to all eligible beneficiaries a
917      statement containing the following:
918                1.    The name, telephone number, street address, and mailing
919      address of the fiduciary and of any person who may be contacted
920      for further information;
921                2.    A statement that unless a super majority of the
922      eligible beneficiaries objects to the application of this
923      section to the trust within 60 days after the date the statement
924      pursuant to this subsection was served, this section shall apply
925      to the trust; and

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         HB 1093                                                                                               2024




926                3.     A statement that, if this section applies to the trust,
927      the fiduciary will have the power to adjust between income and
928      principal and that such a power may have an effect on the
929      distributions to such beneficiary from the trust.
930                (b)        The statement may contain information regardi ng a
931      fiduciary's obligation with respect to the power to adjust
932      between income and principal under this section.
933                (c)        The statement shall be served informally, in the
934      manner provided in the Florida Rules of Civil Procedure relating
935      to service of pleadings subsequent to the initial pleading. The
936      statement may be served on a legal representative or natural
937      guardian of a beneficiary without the filing of any proceeding
938      or approval of any court.
939                (14)       For purposes of subsections (12) and (13), the term:
940                1.     "Eligible beneficiaries" means:
941                a.     If at the time the determination is made there are one
942      or more beneficiaries described in s. 736.0103(19)(c), the
943      beneficiaries described in s. 736.0103(19)(a) and (c); or
944                b.     If there is no beneficiary described in s.
945      736.0103(19)(c), the beneficiaries described in s.
946      736.0103(19)(a) and (b).
947                2.     "Super majority of the eligible beneficiaries" means:
948                a.     If at the time the determination is made there are one
949      or more beneficiaries described in s. 736.0103(19)(c), at le ast
950      two-thirds in interest of the beneficiaries described in s.

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951      736.0103(19)(a) or two-thirds in interest of the beneficiaries
952      described in s. 736.0103(19)(c), if the interests of the
953      beneficiaries are reasonably ascertainable; otherwise, it means
954      two-thirds in number of either such class; or
955                b.     If there is no beneficiary described in s.
956      736.0103(19)(c), at least two-thirds in interest of the
957      beneficiaries described in s. 736.0103(19)(a) or two-thirds in
958      interest of the beneficiaries described in s. 736.0 103(19)(b),
959      if the interests of the beneficiaries are reasonably
960      ascertainable, otherwise, two-thirds in number of either such
961      class.
962                (15)       A trust exists on January 1, 2003, if it is not
963      revocable on January 1, 2003. A trust is revocable if revocable
964      by the grantor alone or in conjunction with any other person. A
965      trust is not revocable for purposes of this section if revocable
966      by the grantor only with the consent of all persons having a
967      beneficial interest in the property.
968                Section 10.           Section 738.301, Florida Statutes, is amended
969      to read:
970                (Substantial rewording of section. See
971                s. 738.301, F.S., for present text).
972                738.301       Definitions.—For purposes of this section and ss.
973      738.302-738.310:
974                (1)        "Applicable value" means the amount of the net fair
975      market value of a trust taken into account under s. 738.307.

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 976                (2)       "Express unitrust" means a trust for which, under the
 977      terms of the trust without regard to this section and ss.
 978      738.302-738.310, net income must be calculated as a unitrust
 979      amount.
 980                (3)       "Income trust" means a trust, created by an inter
 981      vivos or testamentary instrument, that directs or permits the
 982      trustee to distribute the net income of the trust to one or more
 983      persons, in fixed proportions or in amounts or proportions
 984      determined by the trustee and regardless of whether the trust
 985      directs or permits the trustee to distribute the principal of
 986      the trust to one or more such persons.
 987                (4)       "Net fair market value of a trust" means the fair
 988      market value of the assets of the trust, less the reasonably
 989      known noncontingent liabilities of the trust.
 990                (5)       "Unitrust" means a trust for which net income is a
 991      unitrust amount. The term includes an express unitrust.
 992                (6)       "Unitrust amount" means an amount computed by
 993      multiplying a determined value of a trust by a determined
 994      percentage. For a unitrust administered under a unitrust policy,
 995      the term means the applicable value multiplied by the unitrust
 996      rate.
 997                (7)       "Unitrust policy" means a policy described in ss.
 998      738.301-738.310 and adopted under s. 738.303.
 999                (8)       "Unitrust rate" means the rate used to compute the
1000      unitrust amount for a unitrust administered under a unitrust

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          HB 1093                                                                                               2024




1001      policy.
1002                Section 11.          Section 738.302, Florida Statutes, is amended
1003      to read:
1004                (Substantial rewording of section. See
1005                s. 738.302, F.S., for present text.)
1006                738.302      Applications; duties and remedies.—
1007                (1)       Except as otherwise provided in subsection (2), ss.
1008      738.301-738.310 apply to all of the following:
1009                (a)       An income trust, unless the terms of the trust
1010      expressly prohibit the use of ss. 738.301-738.310 by a specific
1011      reference to this paragraph or corresponding provision of prior
1012      law, or an explicit expression of intent that net income not be
1013      calculated as a unitrust amount.
1014                (b)       An express unitrust, except to the extent that the
1015      terms of the trust explicitly:
1016                1.    Prohibit the use of ss. 738.301-738.310 by a specific
1017      reference to this paragraph or corresponding provision of prior
1018      law;
1019                2.    Prohibit conversion to an income trust; or
1020                3.    Limit changes to the method of calculating the unitr ust
1021      amount.
1022                (c)       A unitrust that had been converted from an income
1023      trust.
1024                (2)       The provisions of ss. 738.301-738.310 do not apply to
1025      a trust described in s. 170(f)(2)(B), s. 642(c)(5), s. 664(d),

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          HB 1093                                                                                               2024




1026      s. 2702(a)(3)(A)(ii) or (iii), or s. 2702(b) of the Intern al
1027      Revenue Code.
1028                (3)       An income trust to which ss. 738.301-738.310 apply
1029      under paragraph (1)(a) may be converted to a unitrust under ss.
1030      738.301-738.310 regardless of the terms of the trust concerning
1031      distributions. Conversion to a unitrust under ss. 738.301-
1032      738.310 does not affect other terms of the trust concerning
1033      distributions of income or principal.
1034                (4)       Sections 738.301-738.310 apply to an estate only to
1035      the extent that a trust is a beneficiary of the estate. To the
1036      extent of the trust's interest in the estate, the estate may be
1037      administered as a unitrust, the administration of the estate as
1038      a unitrust may be discontinued, or the percentage or method used
1039      to calculate the unitrust amount may be changed, in the same
1040      manner as for a trust under those sections.
1041                (5)       The provisions of ss. 738.301-738.310 do not create a
1042      duty to take or consider action under ss. 738.301-738.310 or to
1043      inform a beneficiary about the applicability of ss. 738.301-
1044      738.310.
1045                (6)       A fiduciary that in good faith takes or fails to take
1046      an action under ss. 738.301-738.310 is not liable to a person
1047      affected by the action or inaction.
1048                Section 12.          Section 738.303, Florida Statutes, is amended
1049      to read:
1050                (Substantial rewording of section. See

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          HB 1093                                                                                               2024




1051                s. 738.303, F.S., for present text.)
1052                738.303      Authority of fiduciary.—
1053                (1)       By complying with subsections (2) and (6), and without
1054      court approval, a fiduciary may do any of the following:
1055                (a)       Convert an income trust to a unitrust if the fiduciary
1056      adopts in a record a unitrust policy for the trust which
1057      provides:
1058                1.    That in administering the trust, the net income of the
1059      trust will be a unitrust amount rather than net income
1060      determined without regard to ss. 738.301-738.310; and
1061                2.    The percentage and method used to calculate the
1062      unitrust amount.
1063                (b)       Change the percentage or method used to calculate a
1064      unitrust amount for a unitrust if the fiduciary adopts in a
1065      record a unitrust policy or an amendment or replacement of a
1066      unitrust policy providing charges in the percentage or method
1067      used to calculate the unitrust amount.
1068                (c)       Convert a unitrust to an income trust if the fiduciary
1069      adopts in a record a determination that, in administering the
1070      trust, the net income of the trust will be net income determined
1071      without regard to ss. 738.301-738.310 rather than a unitrust
1072      amount.
1073                (2)       A fiduciary may take an action under subsection (1) if
1074      all of the following apply:
1075                (a)       The fiduciary determines that the action will assist

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          HB 1093                                                                                               2024




1076      the fiduciary to administer a trust impartially.
1077                (b)       The fiduciary sends a notice in a record to the
1078      qualified beneficiaries determined under ss. 736.0103 and
1079      736.0110 in the manner required by s. 738.304, describing and
1080      proposing to take the action.
1081                (c)       The fiduciary sends a copy of the notice under
1082      paragraph (b) to each settlor of the trust which is:
1083                1.    If an individual, living; or
1084                2.    If not an individual, in existence.
1085                (d)       At least one member of each class of the qualified
1086      beneficiaries determined under ss. 736.0103 and 736.0110, other
1087      than the Attorney General, receiving the notice under paragraph
1088      (b) is:
1089                1.    If an individual, legally competent;
1090                2.    If not an individual, in existence; or
1091                3.    Represented in the manner provided in s. 738.304(2).
1092                (e)       The fiduciary does not receive, by the date specified
1093      in the notice under s. 738.304(4)(e), an objection in a record
1094      to the action proposed under paragraph (b) from a person to
1095      which the notice under paragraph (b) is sent.
1096                (3)       If a fiduciary receives, not later than the date
1097      stated in the notice under s. 738.304(4)(e), an objection in a
1098      record described in s. 738.304(4)(d) to a proposed action, the
1099      fiduciary or a beneficiary may request the court to have the
1100      action taken as proposed, taken with modifications, or

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          HB 1093                                                                                               2024




1101      prevented. A person described in s. 738.304(1) may oppose the
1102      proposed action in the proceeding under this subsection
1103      regardless of whether the person:
1104                (a)       Consented under s. 738.304(3); or
1105                (b)       Objected under s. 738.304(4)(d).
1106                (4)       If, after sending a notice under paragraph (2)(b), a
1107      fiduciary decides not to take the action proposed in the notice,
1108      the fiduciary must notify in a record each person described in
1109      s. 738.304(1) of the decision not to take the action and the
1110      reasons for the decision.
1111                (5)       If a beneficiary requests in a record that a fiduciary
1112      take an action described in subsection (1) and the fiduciary
1113      declines to act or does not act within 60 days after receiving
1114      the request, the beneficiary may request the court to direct the
1115      fiduciary to take the action requested.
1116                (6)       In deciding whether and how to take an action
1117      authorized in subsection (1), or whether and how to respond to a
1118      request by a beneficiary under subsection (5), a fiduciary must
1119      consider all factors relevant to the trust and beneficiaries,
1120      including the relevant factors listed in s. 738.201(5).
1121                (7)       A fiduciary may release or delegate the power to
1122      convert an income trust to a unitrust under paragraph (1)(a),
1123      change the percentage or method used to calculate a unitrust
1124      amount under paragraph (1)(b), or convert a unitrust to an
1125      income trust under paragraph (1)(c), for a reason described in

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          HB 1093                                                                                               2024




1126      s. 738.203(7) and in the manner described in s. 738.203(8).
1127                Section 13.          Section 738.304, Florida Statutes, is created
1128      to read:
1129                738.304      Notice.—
1130                (1)       A notice required by s. 738.303(2)(b) must be sent in
1131      a manner authorized under s. 736.0109 to all of the following:
1132                (a)       The qualified beneficiaries as defined in s. 736.0103,
1133      other than the Attorney General.
1134                (b)       Each person that is granted a power over the trust by
1135      the terms of the trust, to the extent that the power is
1136      exercisable when the person is not then serving as a trustee:
1137                1.    Including all of the following:
1138                a.    Power over the investment, management, or distribution
1139      of trust property or other matters of trust administration.
1140                b.    Power to appoint or remove a trustee or person
1141      described in this paragraph.
1142                2.    Excluding all of the following:
1143                a.    Power of appointment.
1144                b.    Power of a beneficiary over the trust, to the extent
1145      that the exercise or nonexercise of the power affects the
1146      beneficial interest of the beneficiary or another beneficiary
1147      represented by the beneficiary under ss. 736.0301-736.0306 with
1148      respect to the exercise or nonexercise of the power.
1149                c.    Power over the trust if the terms of the trust provide
1150      that the power is held in a nonfiduciary capacity and the power

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          HB 1093                                                                                               2024




1151      must be held in a nonfiduciary capacity to achieve a tax
1152      objective under the Internal Revenue Code.
1153                (c)       Each person that is granted a power by the terms of
1154      the trust to appoint or remove a trustee or person described in
1155      paragraph (b) to the extent that the power is exercisable when
1156      the person that exercises the power is not serving as a trustee
1157      or person described in paragraph (b).
1158                (2)       The representation provisions of ss. 736.0301 -736.0306
1159      apply to notice under this section.
1160                (3)       A person may consent in a record at any time to action
1161      proposed under s. 738.303(2)(b). A notice required by s.
1162      738.303(2)(b) need not be sent to a person that consents under
1163      this subsection.
1164                (4)       A notice required under s. 738.303(2)(b) must include
1165      all of the following:
1166                (a)       The action proposed under s. 738.303(2)(b).
1167                (b)       For a conversion of an income trust to a unitrust, a
1168      copy of the unitrust policy adopted under s. 738.303(1)(a).
1169                (c)       For a change in the percentage or method used to
1170      calculate the unitrust amount, a copy of the unitrust policy or
1171      amendment or replacement of the unitrust policy adopted under s.
1172      738.303(1)(b).
1173                (d)       A statement that the person to which the notice is
1174      sent may object to the proposed action by stating in a record
1175      the basis for the objection and sending or delivering the record

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          HB 1093                                                                                               2024




1176      to the fiduciary.
1177                (e)       The date by which an objection under paragraph (d)
1178      must be received by the fiduciary, which must be at least 30
1179      days after the date the notice is sent.
1180                (f)       The date on which the action is proposed to be taken
1181      and the date on which the action is proposed to take effect.
1182                (g)       The name and contact information of the fiduciary.
1183                (h)       The name and contact information of a person that may
1184      be contacted for additional information.
1185                Section 14.          Section 738.305, Florida Statutes, is created
1186      to read:
1187                738.305       Unitrust policy.—
1188                (1)       In administering a unitrust under ss. 738.301 -738.310,
1189      a fiduciary shall follow a unitrust policy adopted under s.
1190      738.303(1)(a) or (b) or amended or replaced under s.
1191      738.303(1)(b).
1192                (2)       A unitrust policy must provide all of the following:
1193                (a)       The unitrust rate or method for determining the
1194      unitrust rate under s. 738.306.
1195                (b)       The method for determining the applicable value under
1196      s. 738.307.
1197                (c)       The rules described in ss. 738.306-738.310 which apply
1198      in the administration of the unitrust, whether the rules are:
1199                1.    Mandatory as provided in ss. 738.307(1) and (3),
1200      738.308(1), and 738.310; or

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          HB 1093                                                                                               2024




1201                2.    Optional as provided in ss. 738.306, 738.307(2), and
1202      738.308(2), to the extent that the fiduciary elects to adopt
1203      those rules.
1204                (3)       A unitrust policy may do any of the following:
1205                (a)       Provide methods and standards for:
1206                1.    Determining the timing of the distributions;
1207                2.    Making distributions in cash or in kind or partly in
1208      cash and partly in kind; or
1209                3.    Correcting an underpayment or overpayment to a
1210      beneficiary based on the unitrust amount if there is an error in
1211      calculating the unitrust amount.
1212                (b)       Specify sources and the order of sources, including
1213      categories of income for federal income tax purposes, from which
1214      distributions of a unitrust amount are paid.
1215                (c)       Provide other standards and rules that the fiduciary
1216      determines serve the interests of the beneficiaries.
1217                Section 15.          Section 738.306, Florida Statutes, is created
1218      to read:
1219                738.306      Unitrust rate.—
1220                (1)       A unitrust rate must be at least 3 percent and not
1221      more than 5 percent. Within those limits, the unitrust rate may
1222      be:
1223                (a)       A fixed unitrust rate; or
1224                (b)1.      A unitrust rate that is determined for each period
1225      using:

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          HB 1093                                                                                               2024




1226                a.    A market index or other published data; or
1227                b.    A mathematical blend of market indices or other
1228      published data over a stated number of preceding periods.
1229                2.    If the rate calculated under this paragraph would be
1230      less than 3, the rate is 3; and if the rate calculated would be
1231      more than 5, the rate is 5.
1232                (2)       Within the limits of subsection (1), a unitrust policy
1233      may provide for any of the following:
1234                (a)       A limit on how much the unitrust rate determined under
1235      paragraph (1)(b) may increase over the unitrust rate for the
1236      preceding period or a mathematical blend of unitrust rates over
1237      a stated number of preceding periods.
1238                (b)       A limit on how much the unitrust rate determined under
1239      paragraph (1)(b) may decrease below the unitrust rate for the
1240      preceding period or a mathematical blend of unitrust rates over
1241      a stated number of preceding periods.
1242                (c)       A mathematical blend of any of the unitrust rates
1243      determined under paragraph (1)(b) and paragraphs (a) and (b).
1244                (3)       If the fiduciary is not an independent person, the
1245      percentage used to calculate the unitrust amount is the rate
1246      determined under s. 7520(a)(2) of the Internal Revenue Code in
1247      effect for the month the conversion under this section becomes
1248      effective and for each January thereafter; however, if the rate
1249      determined under s. 7520(a)(2) of the Internal Revenue Code
1250      exceeds 5 percent, the unitrust rate is 5 percent, and if the

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          HB 1093                                                                                               2024




1251      rate determined under s. 7520(a)(2) of the Internal Revenue Code
1252      is less than 3 percent, the unitrust rate is 3 percent.
1253                Section 16.          Section 738.307, Florida Statutes, is created
1254      to read:
1255                738.307      Applicable value.—
1256                (1)       A unitrust policy must provide the method for
1257      determining the fair market value of an asset for the purpose of
1258      determining the unitrust amount, including all of the following:
1259                (a)       The frequency of valuing the asset, which need not
1260      require a valuation in every period.
1261                (b)       The date for valuing the asset in each period in which
1262      the asset is valued.
1263                (2)       Except as otherwise provided in s. 738.309, a unitrust
1264      policy may provide methods for determining the amount of the net
1265      fair market value of the trust to take into account in
1266      determining the applicable value, including any of the
1267      following:
1268                (a)       Obtaining an appraisal of an asset for which fair
1269      market value is not readily available.
1270                (b)       Excluding specific assets or groups or types of assets
1271      in addition to those described in subsection (3).
1272                (c)       Making other exceptions or modifications of the
1273      treatment of specific assets or groups or types of assets.
1274                (d)       Including identification and treatment of cash or
1275      property held for distribution.

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          HB 1093                                                                                               2024




1276                (e)       Using an average of fair market values over a stated
1277      number of preceding periods, not to exceed 3 calendar years.
1278                (f)       Determining the reasonable known liabilities of the
1279      trust, including treatment of liabilities to conform with the
1280      treatment of assets under paragraphs (a)-(e).
1281                (3)       The following property may not be included in
1282      determining the value of the trust:
1283                (a)       Any residential property or any tangible personal
1284      property that, as of the first business day of the current
1285      valuation year, one or more current beneficiaries of the trust
1286      have or have had the right to occupy or have or have had the
1287      right to possess or control, other than in his or her capacity
1288      as trustee of the trust. Instead, the right of occupancy or the
1289      right to possession and control is the unitrust amount with
1290      respect to such property; however, the unitrust amount must be
1291      adjusted to take into account partial distributions from or
1292      receipt into the trust of such property during the valuation
1293      year;
1294                (b)       Any asset specifically given to a beneficiary and the
1295      return on investment on such property, which return on
1296      investment must be distributable to the beneficiary; and
1297                (c)       Any asset while held in an estate.
1298                Section 17.          Section 738.308, Florida Statutes, is created
1299      to read:
1300                738.308      Period.—

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          HB 1093                                                                                               2024




1301                (1)        A unitrust policy must provide the period used under
1302      ss. 738.306 and 738.307. The period must be the calendar year.
1303                (2)        A unitrust policy may provide standards for:
1304                (a)        Using fewer preceding periods under s. 738.306(1)(b)1.
1305      or (2)(a) or (b) if:
1306                1.     The trust was not in existence in a preceding period;
1307      or
1308                2.     Market indices or other published data are not
1309      available for a preceding period;
1310                (b)        Using fewer preceding periods under 738.307(2)(e) if:
1311                1.     The trust was not in existence in a preceding period;
1312      or
1313                2.     Fair market values are not available for a preceding
1314      period; and
1315                (c)        Prorating a unitrust amount on a daily basis for a
1316      part of a period in which the trust or the administration of the
1317      trust as a unitrust or the interest of any beneficiary commences
1318      or terminates.
1319                Section 18.           Section 738.309, Florida Statutes, is created
1320      to read:
1321                738.309       Express unitrust.—
1322                (1)        This section applies to a trust that, by its governing
1323      instrument, requires or allows income or net income to be
1324      calculated as a unitrust amount.
1325                (2)        The trustee of an express unitrust may determine the

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          HB 1093                                                                                               2024




1326      unitrust amount by reference to the net fair market value of the
1327      unitrust's assets in 1 or more years.
1328                (3)       Distribution of a unitrust amount is considered a
1329      distribution of all of the net income of an express unitrust and
1330      is considered to be an income interest.
1331                (4)       The unitrust amount is considered to be a reasonable
1332      apportionment of the total return of an express unitrust.
1333                (5)       An express unitrust that provides or allows a
1334      distribution based on a unitrust rate in excess of 5 percent per
1335      year of the net fair market value of the unitrust assets is
1336      considered a distribution of all of the income of the unitrust
1337      to the extent that the distribution exceeds 5 percent per year
1338      and a distribution of principal of the unitrust.
1339                (6)       An express unitrust may provide a mechanism for
1340      changing the unitrust rate, similar to the mechanism provided
1341      under s. 738.306, based upon the factors noted in that section,
1342      and may provide for a conversion from a unitrust to an income
1343      trust or a reconversion of an income trust to a unitrust under
1344      s. 738.303.
1345                (7)       If an express unitrust does not specifically or by
1346      reference to s. 738.306 prohibit a power to change the unitrust
1347      rate or to convert to an income trust under s. 738.303, the
1348      trustee must have such power.
1349                (8)       The governing instrument of an express unitrust may
1350      grant the trustee discretion to adopt a consistent practice of

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          HB 1093                                                                                               2024




1351      treating capital gains as part of the unitrust amount to the
1352      extent that the unitrust amount exceeds the income determined as
1353      if the trust were not an express unitrust, or the governing
1354      instrument may specify the ordering of classes of income.
1355                (9)        Unless the terms of the express unitrust specifically
1356      provide otherwise as provided in subsection (8), the
1357      distribution of a unitrust amount is considered a distribution
1358      made from the following sources, which are listed in order of
1359      priority:
1360                (a)        Net accounting income determined under this chapter as
1361      if the trust were not a unitrust;
1362                (b)        Ordinary income not allocable to net accounting
1363      income;
1364                (c)        Net realized short-term capital gains;
1365                (d)        Net realized long-term capital gains; and
1366                (e)        The principal of the trust.
1367                (10)       The governing instrument of an express unitrust may
1368      provide that the trustee may exclude assets used by the
1369      unitrust's beneficiary, including, but not limited to, a
1370      residence property or tangible personal property, from the net
1371      fair market value of the unitrust's assets for the purposes of
1372      computing the unitrust amount. The use of these assets may be
1373      considered equivalent to income or to the unitrust amount.
1374                Section 19.           Section 738.310, Florida Statutes, is created
1375      to read:

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          HB 1093                                                                                               2024




1376                738.310      Other rules.—Following the conversion of an income
1377      trust to a unitrust, the trustee shall consider the unitrust
1378      amount as paid from the following sources, which are listed in
1379      order of priority:
1380                (1)       Net accounting income determined under this chapter as
1381      if the trust were not a unitrust;
1382                (2)       Ordinary income not allocable to net accounting
1383      income;
1384                (3)       Net realized short-term capital gains;
1385                (4)       Net realized long-term capital gains; and
1386                (5)       The principal of the trust.
1387                Section 20.          Section 738.401, Florida Statutes, is amended
1388      to read:
1389                738.401      Character of receipts from entity.—
1390                (1)       For purposes of this section, the term:
1391                (a)       "Capital distribution" means an entity distribution of
1392      money which is a:
1393                1.    Return of capital; or
1394                2.    Distribution in total or partial liquidation of the
1395      entity.
1396                (b)       "Entity":
1397                1.    Means a corporation, partnership, limited liability
1398      company, regulated investment company, real estate investment
1399      trust, common trust fund, or any other organization or
1400      arrangement in which a fiduciary owns or holds has an interest,

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          HB 1093                                                                                               2024




1401      regardless of whether the entity is a taxpayer for federal
1402      income tax purposes; and
1403                2.    Does not include:
1404                a.    A trust or estate to which s. 738.402 applies;
1405                b.    A business or other activity to which s. 738.403
1406      applies which is not conducted by an entity described in
1407      subparagraph 1.;
1408                c.    An asset-backed security; or
1409                d.    An instrument or arrangement to which s. 738.416
1410      applies other than a trust or estate to which s. 738.402
1411      applies, a business or activity to which s. 738.403 applies, or
1412      an asset-backed security to which s. 738.608 applies.
1413                (c)       "Entity distribution" means a payment or transfer by
1414      an entity to a person in the person's capacity as an owner or
1415      holder of an interest in the entity.
1416                (d)       "Lookback period" means the accounting period and the
1417      preceding two accounting periods or, if less, the number of
1418      accounting periods, or portion of accounting periods, that the
1419      interest in the entity has been held by the fiduciary.
1420                (2)       In this section, an attribute or action of an entity
1421      includes an attribute or action of any other entity in which the
1422      initial entity owns or holds an interest, including an interest
1423      owned or held indirectly through another entity.
1424                (3)       Except as otherwise provided in paragraphs (4)(b),
1425      (c), and (d) this section, a fiduciary shall allocate to income:

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          HB 1093                                                                                               2024




1426                (a)       Money received in an entity distribution; and
1427                (b)       Tangible personal property of nominal value received
1428      from the money received from an entity.
1429                (4)(3)      Except as otherwise provided in this section, A
1430      fiduciary shall allocate the following receipts from an entity
1431      to principal:
1432                (a)       Property received in an entity distribution which is
1433      not:
1434                1.    other than Money; or
1435                2.    Tangible personal property of nominal value.
1436                (b)       Money received in an entity one distribution or a
1437      series of related distributions in an exchange for part or all
1438      of the fiduciary's a trust's or estate's interest in the entity
1439      to the extent that the entity distribution reduces the
1440      fiduciary's interest in the entity relative to the interest of
1441      other persons that own or hold interests in the entity.
1442                (c)       Money received in an entity distribution that is a
1443      capital distribution, to the extent not allocated to income
1444      total or partial liquidation of the entity.
1445                (d)       Money received in an entity distribution from an
1446      entity that is a regulated investment company or a real estate
1447      investment trust if the money received represents short -term or
1448      long-term capital gain realized within the entity.
1449                (e)       Money received from an entity listed on a public stock
1450      exchange during any year of the trust or estate which exceeds 10

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          HB 1093                                                                                               2024




1451      percent of the fair market value of the trust's or estate's
1452      interest in the entity on the first day of that year. The amount
1453      to be allocated to principal must be reduced to the extent that
1454      the cumulative distributions from the entity to the trust or
1455      estate allocated to income do not exceed a cumulative annual
1456      return of 3 percent of the fair market value of the interest in
1457      the entity at the beginning of each year or portion of a year
1458      for the number of years or portion of years in the period that
1459      the interest in the entity has been held by the trust or estate.
1460      If a trustee has exercised a power to adjust under s. 738.104
1461      during any period the interest in the entity has been held by
1462      the trust, the trustee, in determining the total income
1463      distributions from that entity, must take into account the
1464      extent to which the exercise of that power resulted in income to
1465      the trust from that entity for that period. If the income of the
1466      trust for any period has been computed under s. 738.1041, the
1467      trustee, in determining the total income distributions from that
1468      entity for that period, must take into account the portion of
1469      the unitrust amount paid as a result of the ownership of the
1470      trust's interest in the entity for that period.
1471                (5)(4)     If a fiduciary elects, or continues an election
1472      made by its predecessor, to reinvest dividends in shares of
1473      stock of a distributing corporation or fund, whether evidenced
1474      by new certificates or entries on the books of the distributing
1475      entity, the new shares retain their character as income.

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          HB 1093                                                                                               2024




1476                (6)(5)      Except as otherwise provided in subsections (10)
1477      and (11), money received in an entity distribution is a capital
1478      distribution Money is received in partial liquidation:
1479                (a)       To the extent that the entity, at or near the time of
1480      the entity a distribution, indicates that such money is a
1481      capital distribution in partial liquidation; or
1482                (b)       To the extent that the total amount of money and
1483      property received by the fiduciary in the entity in a
1484      distribution or a series of related entity distributions is or
1485      will be greater than from an entity that is not listed on a
1486      public stock exchange exceeds 20 percent of the fiduciary's
1487      trust's or estate's pro rata share of the entity's gross assets,
1488      as shown by the entity's year-end financial statements
1489      immediately preceding the initial receipt.
1490
1491      This subsection does not apply to an entity to which subsection
1492      (7) applies.
1493                (7)(6)      In the case of a capital distribution, the amount
1494      received in an entity distribution allocated to principal must
1495      be reduced to the extent that the cumulative distributions from
1496      the entity to the fiduciary Money may not be taken into account
1497      in determining any excess under paragraph (5)(b), to the extent
1498      that the cumulative distributions from the entity to the trust
1499      or the estate allocated to income do not exceed the greater of:
1500                (a)       A cumulative annual return of 3 percent of the

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          HB 1093                                                                                               2024




1501      entity's carrying value computed at the beginning of each
1502      accounting period, or portion of an accounting period, during
1503      the lookback period for the number of years or portion of years
1504      that the entity was held by the fiduciary. If a fiduciary
1505      trustee has exercised a power to adjust under s. 738.203 during
1506      the lookback period, the fiduciary s. 738.104 during any period
1507      the interest in the entity has been held by the trust, the
1508      trustee, in determining the total income distributions from that
1509      entity, must take into account the extent to which the exercise
1510      of the power resulted in income to the fiduciary trust from that
1511      entity for that period. If the income of a fiduciary during the
1512      lookback trust for any period has been computed under ss.
1513      738.301-738.310, the fiduciary pursuant to s. 738.1041, the
1514      trustee, in determining the total income distributions from the
1515      entity for that period, must take into account the portion of
1516      the unitrust amount paid as a result of the ownership of the
1517      trust's interest in the entity for that period; or
1518                (b)       In If the case of an entity is treated as a
1519      partnership, subchapter S corporation, or a disregarded entity
1520      under pursuant to the Internal Revenue Code of 1986, as amended,
1521      the amount of income tax attributable to the fiduciary's trust's
1522      or estate's ownership share of the entity, based on its pro rata
1523      share of the taxable income of the entity that distributes the
1524      money, during the lookback period for the number of years or
1525      portion of years that the interest in the entity was held by the

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          HB 1093                                                                                               2024




1526      fiduciary, calculated as if all of the that tax was incurred by
1527      the fiduciary.
1528                (8)       If a fiduciary receives additional information about
1529      the application of this section to an entity distribution before
1530      the fiduciary has paid part of the entity distribution to a
1531      beneficiary, the fiduciary may consider the additional
1532      information before making the payment to the beneficiary and may
1533      change a decision to make the payment to the beneficiary.
1534                (9)       If a fiduciary receives additional information about
1535      the application of this section to an entity distribution after
1536      the fiduciary has paid part of the entity distribution to a
1537      beneficiary, the fiduciary is not required to change or recover
1538      the payment to the beneficiary but may consider that information
1539      in determining whether to exercise its other powers, including
1540      but not limited to the power to adjust under s. 738.203.
1541                (10)(7)      The following applies to money or property
1542      received by a private trustee as a distribution from an
1543      investment entity described in this subsection:
1544                (a)       The trustee shall first treat as income of the trust
1545      all of the money or property received from the investment entity
1546      in the current accounting period year which would be considered
1547      income under this chapter if the trustee had directly held the
1548      trust's pro rata share of the assets of the investment entity.
1549      For this purpose, all distributions received in the current
1550      accounting period year must be aggregated.

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          HB 1093                                                                                               2024




1551                (b)       The trustee shall next treat as income of the trust
1552      any additional money or property received in the current
1553      accounting period year which would have been considered income
1554      in the prior 2 accounting periods years under paragraph (a) if
1555      additional money or property had been received from the
1556      investment entity in any of those prior 2 accounting periods
1557      years. The amount to be treated as income must shall be reduced
1558      by any distributions of money or property made by the investment
1559      entity to the trust during the current and the prior 2
1560      accounting periods years which were treated as income under this
1561      paragraph.
1562                (c)       The remainder of the distribution, if any, is treated
1563      as principal.
1564                (d)       As used in this subsection, the term:
1565                1.    "Investment entity" means an entity, other than a
1566      business activity conducted by the trustee described in s.
1567      738.403 or an entity that is listed on a public stock exchange,
1568      which is treated as a partnership, subchapter S corporation, or
1569      disregarded entity under pursuant to the Internal Revenue Code
1570      of 1986, as amended, and which normally derives 50 percent or
1571      more of its annual cumulative net income from interest,
1572      dividends, annuities, royalties, rental activity, or other
1573      passive investments, including income from the sale or exchange
1574      of such passive investments.
1575                2.    "Private trustee" means a trustee who is a natural

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          HB 1093                                                                                               2024




1576      person, but is not an independent person as set forth in s.
1577      738.102 only if the trustee is unable to use the power to adjust
1578      between income and principal with respect to receipts from
1579      entities described in this subsection pursuant to s. 738.104. A
1580      bank, trust company, or other commercial trustee is not
1581      considered a private trustee.
1582                (11)       A fiduciary shall allocate to principal any money and
1583      property the fiduciary receives in a distribution or series of
1584      related distributions from a public entity which are greater
1585      than 10 percent of the fair market value of the fiduciary's
1586      interest in the public entity on the first day of the accounting
1587      period. The amount to be allocated to principal must be reduced
1588      to the extent that the cumulative distributions from the entity
1589      to the fiduciary allocated to income do not exceed a cumulative
1590      annual return of 3 percent of the fair market value of the
1591      interest in the entity at the beginning of each accounting
1592      period, or portion of an accounting period, during the lookback
1593      period. If a fiduciary has exercised a power to adjust under s.
1594      738.203 during the lookback period, the fiduciary, in
1595      determining the total income distributions from that entity,
1596      must take into account the extent to which the exercise of that
1597      power resulted in income to the fiduciary from that entity for
1598      that period. If the income of the fiduciary during the lookback
1599      period has been computed under ss. 738.301-738.310, the
1600      fiduciary, in determining the total income distribution from

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          HB 1093                                                                                               2024




1601      that entity for that period, must take into account the portion
1602      of the unitrust amount paid as a result of the ownership of the
1603      trust's interest in the entity for that period. As used in this
1604      subsection, the term "public entity" means an entity listed on a
1605      public stock exchange.
1606                (12)(8)     This section must shall be applied before ss.
1607      738.506 and 738.507 ss. 738.705 and 738.706 and does not modify
1608      or change any of the provisions of those sections.
1609                Section 21.         Section 738.402, Florida Statutes, is amended
1610      to read:
1611                738.402     Distribution from trust or estate.—A fiduciary
1612      shall allocate to income an amount received as a distribution of
1613      income, including a unitrust distribution under ss. 738.301-
1614      738.310, from a trust or an estate in which the fiduciary trust
1615      has an interest, other than an interest a purchased in a trust
1616      that is an investment entity, and shall interest and allocate to
1617      principal an amount received as a distribution of principal from
1618      the such a trust or estate. If a fiduciary purchases, or
1619      receives from a settlor, an interest in a trust that is an
1620      investment entity, or a decedent or donor transfers an interest
1621      in such a trust to a fiduciary, s. 738.401, s. 738.415, or s.
1622      738.416 or s. 738.608 applies to a receipt from the trust.
1623                Section 22.         Section 738.403, Florida Statutes, is amended
1624      to read:
1625                738.403     Business and other activity activities conducted

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          HB 1093                                                                                               2024




1626      by fiduciary.—
1627                (1)       This section applies to If a fiduciary who conducts a
1628      business or other activity conducted by a fiduciary if the
1629      fiduciary determines that it is in the best interests of
1630      interest of all the beneficiaries to account separately for the
1631      business or other activity instead of:
1632                (a)       Accounting for the business or other activity as part
1633      of the fiduciary's trust's or estate's general accounting
1634      records; or
1635                (b)       Conducting the business or other activity through an
1636      entity described in s. 738.401(1)(b)., the
1637                (2)       A fiduciary may account separately under this section
1638      maintain separate accounting records for the transactions of a
1639      the business or another other activity, regardless of whether or
1640      not the assets of the such business or other activity are
1641      segregated from other trust or estate assets held by the
1642      fiduciary.
1643                (3)(2)      A fiduciary who accounts separately under this
1644      section for a business or other activity:
1645                (a)       May determine:
1646                1.    The extent to which the net cash receipts of the
1647      business or other activity must be retained for:
1648                a.    Working capital;
1649                b.    The acquisition or replacement of fixed assets; and
1650                c.    Other reasonably foreseeable needs of the business or

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          HB 1093                                                                                               2024




1651      other activity; and working capital, the acquisition or
1652      replacement of fixed assets, and other reasonably foreseeable
1653      needs of the business or activity, and
1654                2.    The extent to which the remaining net cash receipts are
1655      accounted for as principal or income in the fiduciary's trust's
1656      or estate's general accounting records for the trust.
1657                (b)       May make a determination under paragraph (a)
1658      separately and differently from the fiduciary's decisions
1659      concerning distributions of income or principal; and
1660                (c)       Shall account for the net amount received from the
1661      sale of an asset of If a fiduciary sells assets of the business
1662      or other activity, other than a sale in the ordinary course of
1663      the business or other activity, the fiduciary must account for
1664      the net amount received as principal in the fiduciary's trust's
1665      or estate's general accounting records for the trust, to the
1666      extent the fiduciary determines that the net amount received is
1667      no longer required in the conduct of the business or other
1668      activity.
1669                (4)(3)      Activities for which a fiduciary may account
1670      separately under this section maintain separate accounting
1671      records include:
1672                (a)       Retail, manufacturing, service, and other traditional
1673      business activities.
1674                (b)       Farming.
1675                (c)       Raising and selling livestock and other animals.

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          HB 1093                                                                                               2024




1676                (d)       Managing Management of rental properties.
1677                (e)       Extracting Extraction of minerals and other natural
1678      resources.
1679                (f)       Growing and cutting timber operations.
1680                (g)       An activity Activities to which s. 738.414, s.
1681      738.415, or s. 738.416 s. 738.607 applies.
1682                (h)       Any other business conducted by the fiduciary.
1683                Section 23.          Section 738.404, Florida Statutes, is created
1684      to read:
1685                738.404      Principal receipts.—A fiduciary shall allocate to
1686      principal:
1687                (1)       To the extent not allocated to income under this
1688      chapter, an asset received from any of the following:
1689                (a)       An individual during the individual's lifetime.
1690                (b)       An estate.
1691                (c)       A trust on termination of an income interest.
1692                (d)       A payor under a contract naming the fiduciary as
1693      beneficiary.
1694                (2)       Except as otherwise provided in ss. 738.401-738.416,
1695      money or other property received from the sale, exchange,
1696      liquidation, or change in the form of a principal asset.
1697                (3)       An amount recovered from a third party to reimburse
1698      the fiduciary because of a disbursement described in s.
1699      738.502(1) or for another reason to the extent not based on the
1700      loss of income.

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          HB 1093                                                                                               2024




1701                (4)       Proceeds of property taken by eminent domain except
1702      that proceeds awarded for loss of income in an accounting period
1703      are income if a current income beneficiary had a mandatory
1704      income interest during the period.
1705                (5)       Net income received in an accounting period during
1706      which there is no beneficiary to which a fiduciary may or must
1707      distribute income.
1708                (6)       Other receipts as provided in ss. 738.408-738.416.
1709                Section 24.          Section 738.405, Florida Statutes, is created
1710      to read:
1711                738.405      Rental property.—To the extent that a fiduciary
1712      does not account for the management of rental property as a
1713      business under s. 738.403, the fiduciary shall allocate to
1714      income an amount received as rent of real or personal property,
1715      including an amount received for cancellation or renewal of a
1716      lease. An amount received as a refundable deposit, including a
1717      security deposit or a deposit that is to be applied as rent for
1718      future periods:
1719                (1)       Must be added to principal and held subject to the
1720      terms of the lease, except as otherwise provided by law other
1721      than this chapter; and
1722                (2)       Is not allocated to income or available for
1723      distribution to a beneficiary until the fiduciary's contractual
1724      obligations have been satisfied with respect to that amount.
1725                Section 25.          Section 738.406, Florida Statutes, is created

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          HB 1093                                                                                               2024




1726      to read:
1727                738.406      Receipt on obligation to be paid in money.—
1728                (1)       This section does not apply to an obligation to which
1729      s. 738.409, s. 738.410, s. 738.411, s. 738.412, s. 738.414, s.
1730      738.415, or s. 738.416 applies.
1731                (2)       A fiduciary shall allocate to income, without
1732      provision for amortization of premium, an amount received as
1733      interest on an obligation to pay money to the fiduciary,
1734      including an amount received as consideration for prepaying
1735      principal.
1736                (3)       A fiduciary shall allocate to principal an amount
1737      received from the sale, redemption, or other disposition of an
1738      obligation to pay money to the fiduciary.
1739                (4)       A fiduciary shall allocate to income the increment in
1740      value of a bond or other obligation for the payment of money
1741      bearing no stated interest but payable or redeemable, at
1742      maturity or another future time, in an amount that exceeds the
1743      amount in consideration of which it was issued. If the increment
1744      in value accrues and becomes payable pursuant to a fixed
1745      schedule of appreciation, it may be distributed to the
1746      beneficiary who was the income beneficiary at the time of
1747      increment from the first principal cash available or, if none is
1748      available, when the increment is realized by sale, redemption,
1749      or other disposition. If unrealized increment is distributed as
1750      income but out of principal, the principal must be reimbursed

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          HB 1093                                                                                               2024




1751      for the increment when realized. If, in the reasonable judgment
1752      of the fiduciary, exercised in good faith, the ultimate payment
1753      of the bond principal is in doubt, the fiduciary may withhold
1754      the payment of incremental interest to the income beneficiary.
1755                Section 26.          Section 738.407, Florida Statutes, is created
1756      to read:
1757                738.407      Insurance policy or contract.—
1758                (1)       This section does not apply to a contract to which s.
1759      738.409 applies.
1760                (2)       Except as otherwise provided in subsection (3), a
1761      fiduciary shall allocate to principal the proceeds of a life
1762      insurance policy or other contract received by the fiduciary as
1763      beneficiary, including a contract that insures against damage
1764      to, destruction of, or loss of title to an asset. The fiduciary
1765      shall allocate dividends on an insurance policy to income to the
1766      extent that premiums on the policy are paid from income and to
1767      principal to the extent premiums on the policy are paid from
1768      principal.
1769                (3)       A fiduciary shall allocate to income proceeds of a
1770      contract that insures the fiduciary against loss of:
1771                (a)       Occupancy or other use by a current income
1772      beneficiary;
1773                (b)       Income; or
1774                (c)       Subject to s. 738.403, profits from a business.
1775                Section 27.          Section 738.408, Florida Statutes, is created

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          HB 1093                                                                                               2024




1776      to read:
1777                738.408      Insubstantial allocation not required.—
1778                (1)       If a fiduciary determines that an allocation between
1779      income and principal required by s. 738.409, s. 738.410, s.
1780      738.411, s. 738.412, or s. 738.415 is insubstantial, the
1781      fiduciary may allocate the entire amount to principal, unless s.
1782      738.203(5) applies to the allocation.
1783                (2)       A fiduciary may presume an allocation is insubstantial
1784      under subsection (1) if:
1785                (a)       The amount of the allocation would increase or
1786      decrease net income in an accounting period, as determined
1787      before the allocation, by less than 10 percent; and
1788                (b)       The asset producing the receipt to be allocated has a
1789      carrying value less than 10 percent of the total carrying val ue
1790      of the assets owned or held by the fiduciary at the beginning of
1791      the accounting period.
1792                (3)       The power to make a determination under subsection (1)
1793      may be:
1794                (a)       Exercised by a cofiduciary in the manner described in
1795      s. 738.203(6); or
1796                (b)       Released or delegated for a reason described in s.
1797      738.203(7) and in the manner described in s. 738.203(8).
1798                Section 28.          Section 738.409, Florida Statutes, is created
1799      to read:
1800                738.409      Deferred compensation, annuity, or similar

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          HB 1093                                                                                               2024




1801      payment.—
1802                (1)       As used in this section, the term:
1803                (a)       "Internal income of the separate fund" means the
1804      amount determined under subsection (2).
1805                (b)       "Marital trust" means a trust:
1806                1.    Of which the settlor's surviving spouse is the only
1807      current income beneficiary and is entitled to a distribution of
1808      all the current net income of the trust; and
1809                2.    That qualifies for a marital deduction with respect to
1810      the settlor's estate under the Internal Revenue Code or
1811      comparable law of any state because:
1812                a.    An election to qualify for a marital deduction under s.
1813      2056(b)(7) of the Internal Revenue Code has been made;
1814                b.    The trust qualified for a marital deduction under s.
1815      2056(b)(5) of the Internal Revenue Code; or
1816                c.    The trust otherwise qualifies for a marital deduction.
1817                (c)       "Nonseparate fund" means an annuity, a deferred
1818      compensation plan, a pension plan, or other fund for which the
1819      value of the participant's or account owner's right to receive
1820      benefits can be determined only by the occurrence of a date or
1821      event as defined in the instrument governing the fund.
1822                (d)       "Payment" means an amount a fiduciary may receive over
1823      a fixed number of years or during the life of one or more
1824      individuals because of services rendered or property transferred
1825      to the payor in exchange for future amounts the fiduciary may

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          HB 1093                                                                                               2024




1826      receive. The term includes an amount received in money or
1827      property from the payor's general assets or from a separate fund
1828      created by the payor.
1829                (e)       "Percent calculated" means a percent equal to the rate
1830      determined under s. 7520 of the Internal Revenue Code in effect
1831      for the month preceding the beginning of the accounting period;
1832      however, if the percent calculated exceeds 5 percent, it must be
1833      reduced to 5 percent, and if the percent calculated is less than
1834      3 percent, it must be increased to 3 percent. Notwithstanding
1835      the preceding sentence, a fiduciary who is an independent person
1836      as defined in s. 738.102 may set the percent calculated at a
1837      percentage no less than 3 percent and no greater than 5 percent.
1838                (f)       "Separate fund" includes a private or commercial
1839      annuity, an individual retirement account, and a pension,
1840      profit-sharing, stock-bonus, stock ownership plan, or other
1841      deferred compensation fund holding assets exclusively for the
1842      benefit of a participant or account owner.
1843                (2)       For each accounting period, the following rules apply
1844      to a separate fund:
1845                (a)       The fiduciary may determine the internal income of the
1846      separate fund as if the separate fund were a trust subject to
1847      this chapter.
1848                (b)       Alternatively, the fiduciary may deem the internal
1849      income of the separate fund to equal the percent calculated of
1850      the value of the separate fund according to the most recent

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          HB 1093                                                                                               2024




1851      statement of value preceding the beginning of the accounting
1852      period. The fiduciary is not liable for good faith reliance upon
1853      any valuation supplied by the person or persons in possession of
1854      the fund. If the fiduciary makes or terminates an election under
1855      this paragraph, the fiduciary must make such disclosure in a
1856      trust disclosure document that satisfies the requirements of s.
1857      736.1008(4)(c).
1858                (c)       If the fiduciary cannot determine the value of the
1859      separate fund under paragraph (b), the value of the separate
1860      fund is deemed to equal the present value of s. 7520 of the
1861      Internal Revenue Code for the month preceding the beginning of
1862      the accounting period for which the computation is made.
1863                (d)       The fiduciary may elect the method of determining the
1864      income of the fund pursuant to this subsection and may change
1865      the method of determining income of the fund for any future
1866      accounting period.
1867                (3)       A fiduciary shall allocate a payment received from a
1868      separate fund during an accounting period to income, to the
1869      extent of the internal income of the separate fund during the
1870      period, and allocate the balance to principal.
1871                (4)       The fiduciary of a marital trust shall:
1872                (a)       Withdraw from a separate fund the amount the current
1873      income beneficiary of the trust requests the fiduciary to
1874      withdraw, not greater than the amount by which the internal
1875      income of the separate fund during the accounting period exceeds

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          HB 1093                                                                                               2024




1876      the amount the fiduciary otherwise receives from the separate
1877      fund during the period.
1878                (b)       Transfer from principal to income the amount the
1879      current income beneficiary requests the fiduciary to transfe r,
1880      but not greater than the amount by which the internal income of
1881      the separate fund during the period exceeds the amount the
1882      fiduciary receives from the separate fund during the period
1883      after the application of paragraph (a).
1884                (c)       Distribute to the current income beneficiary as
1885      income:
1886                1.    The amount of the internal income of the separate fund
1887      received or withdrawn during the period; and
1888                2.    The amount transferred from principal to income under
1889      paragraph (b).
1890                (5)       For a trust, other than a marital trust, of which one
1891      or more current income beneficiaries are entitled to a
1892      distribution of all the current net income, the fiduciary shall
1893      transfer from principal to income the amount by which the
1894      internal income of the separate fund during the accounting
1895      period exceeds the amount the fiduciary receives from the
1896      separate fund during the period.
1897                (6)       The fiduciary of a nonseparate fund shall calculate
1898      internal income of the fund as the percent calculated of the
1899      present value of the right to receive the remaining payments as
1900      determined under s. 7520(a)(2) of the Internal Revenue Code for

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          HB 1093                                                                                               2024




1901      the month preceding the beginning of the accounting period.
1902                (7)       If a fiduciary owns a separate fund or a nonseparate
1903      fund before January 1, 2025, the fiduciary may determine
1904      internal income, allocate payments, and account for unwithdrawn
1905      internal income as provided in this section or in the manner
1906      used by the fiduciary before January 1, 2025. Such fiduciary is
1907      not required to consider subsection (5). If the fiduciary
1908      acquires a separate fund or a nonseparate fund on or after
1909      January 1, 2025, the fiduciary must calculate internal income,
1910      allocate payments, and account for unwithdrawn internal income
1911      as provided in this section.
1912                Section 29.          Section 738.603, Florida Statutes, is
1913      transferred, renumbered as section 738.410, Florida Statutes,
1914      and amended to read:
1915                738.410 738.603          Liquidating asset.—
1916                (1)       As used in For purposes of this section, the term
1917      "liquidating asset" means an asset whose value the value of
1918      which will diminish or terminate because the asset is expected
1919      to produce receipts for a period of limited time duration. The
1920      term includes a leasehold, patent, copyright, royalty right, and
1921      right to receive payments during a period of for more than 1
1922      year under an arrangement that does not provide for the payment
1923      of interest on the unpaid balance. The term does not include a
1924      payment subject to s. 738.602, resources subject to s. 738.604,
1925      timber subject to s. 738.605, an activity subject to s. 738.607,

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          HB 1093                                                                                               2024




1926      an asset subject to s. 738.608, or any asset for which the
1927      fiduciary establishes a reserve for depreciation under s.
1928      738.703.
1929                (2)       This section does not apply to a receipt that is
1930      subject to s. 738.401, s. 738.409, s. 738.411, s. 738.412, s.
1931      738.414, s. 738.415, s. 738.416, or s. 738.503.
1932                (3)       A fiduciary shall allocate to income a receipt
1933      produced by a liquidating asset to the extent that the receipt
1934      does not exceed 5 percent of the receipts from the carrying
1935      value of the asset at the beginning of the accounting period and
1936      allocate a liquidating asset and the balance to principal the
1937      balance of the receipt.
1938                (4)       The amount Amounts allocated to principal shall reduce
1939      the carrying value of the liquidating asset, but not below zero.
1940      Amounts received in excess of the remaining carrying value must
1941      be allocated to principal.
1942                Section 30.          Section 738.604, Florida Statutes, is
1943      transferred, renumbered as section 738.411, Florida Statutes,
1944      and amended to read:
1945                738.411 738.604          Minerals, water, and other natural
1946      resources.—
1947                (1)       To the extent that If a fiduciary does not account for
1948      a receipt accounts for receipts from an interest in minerals,
1949      water, or other natural resources as a business under s. 738.403
1950      pursuant to this section, the fiduciary shall allocate the

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          HB 1093                                                                                               2024




1951      receipt such receipts as follows:
1952                (a)       To income, to the extent received:
1953                1.    If received As nominal delay rental or nominal annual
1954      rent on a lease;
1955                2.    As a factor for interest or the equivalent of interest
1956      under an agreement creating a production payment; or
1957                3.    On account of an interest in renewable water;, a
1958      receipt shall be allocated to income.
1959                (b)       To principal, if received from a production payment, a
1960      receipt shall be allocated to income if and to the extent that
1961      subparagraph (a)2. does not apply; or the agreement creating the
1962      production payment provides a factor for interest or its
1963      equivalent. The balance shall be allocated to principal.
1964                (c)       Between income and principal equitably, to the extent
1965      received:
1966                1.    On account of an interest in nonrenewable water ;
1967                2.    If an amount received As a royalty, shut-in-well
1968      payment, take-or-pay payment, or bonus; or, or delay rental is
1969      more than nominal, 90 percent shall be allocated to principal
1970      and the balance to income.
1971                3.(d)      If an amount is received From a working interest or
1972      any other interest not provided for in paragraph (a) or,
1973      paragraph (b) or subparagraph 1. or subparagraph 2., or
1974      paragraph (c), 90 percent of the net amount received shall be
1975      allocated to principal and the balance to income.

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          HB 1093                                                                                               2024




1976                (2)       An amount received on account of an interest in water
1977      that is renewable shall be allocated to income. If the water is
1978      not renewable, 90 percent of the amount shall be allocated to
1979      principal and the balance to income.
1980                (3)       This section chapter applies to an interest owned or
1981      held by a fiduciary regardless of whether or not a settlor
1982      decedent or donor was extracting minerals, water, or other
1983      natural resources before the fiduciary owned or held the
1984      interest became subject to the trust or estate.
1985                (3)       An allocation of a receipt under paragraph (1)(c) is
1986      presumed to be equitable if the amount allocated to principal is
1987      equal to the amount allowed by the Internal Revenue Code as a
1988      deduction for depletion of the interest.
1989                (4)       If a fiduciary trust or estate owns or holds an
1990      interest in minerals, water, or other natural resources before
1991      January 1, 2025 on January 1, 2003, the fiduciary may allocate
1992      receipts from the interest as provided in this section chapter
1993      or in the manner used by the fiduciary before January 1, 2025
1994      January 1, 2003. If the fiduciary trust or estate acquires an
1995      interest in minerals, water, or other natural resources on or
1996      after January 1, 2025 January 1, 2003, the fiduciary must shall
1997      allocate receipts from the interest as provided in this section
1998      chapter.
1999                Section 31.          Section 738.605, Florida Statutes, is
2000      transferred, renumbered as section 738.412, Florida Statutes,

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          HB 1093                                                                                               2024




2001      and amended to read:
2002                738.412 738.605          Timber.—
2003                (1)       To the extent that If a fiduciary does not account
2004      accounts for receipts from the sale of timber and related
2005      products as a business under s. 738.403 pursuant to this
2006      section, the fiduciary shall allocate the such net receipts as
2007      follows:
2008                (a)       To income, to the extent that the amount of timber cut
2009      removed from the land does not exceed the rate of growth of the
2010      timber during the accounting periods in which a beneficiary has
2011      a mandatory income interest;
2012                (b)       To principal, to the extent that the amount of timber
2013      cut removed from the land exceeds the rate of growth of the
2014      timber or the net receipts are from the sale of standing timber;
2015                (c)       To or Between income and principal if the net receipts
2016      are from the lease of land used for growing and cutting timber
2017      timberland or from a contract to cut timber from land owned by a
2018      trust or estate by determining the amount of timber cut removed
2019      from the land under the lease or contract and applying the rules
2020      in paragraphs (a) and (b); or
2021                (d)       To principal, to the extent that advance payments,
2022      bonuses, and other payments are not allocated under pursuant to
2023      paragraph (a), paragraph (b), or paragraph (c).
2024                (2)       In determining net receipts to be allocated under
2025      pursuant to subsection (1), a fiduciary shall deduct and

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          HB 1093                                                                                               2024




2026      transfer to principal a reasonable amount for depletion.
2027                (3)       This section chapter applies to land owned or held by
2028      a fiduciary regardless of whether or not a settlor decedent or
2029      donor was cutting harvesting timber from the land property
2030      before the fiduciary owned or held the property became subject
2031      to the trust or estate.
2032                (4)       If a fiduciary trust or estate owns or holds an
2033      interest in land used for growing and cutting timber before
2034      January 1, 2025 timberland on January 1, 2003, the fiduciary may
2035      allocate net receipts from the sale of timber and related
2036      products as provided in this section chapter or in the manner
2037      used by the fiduciary before January 1, 2025 January 1, 2003. If
2038      the fiduciary trust or estate acquires an interest in land used
2039      for growing and cutting timber on or after January 1, 2025
2040      timberland after January 1, 2003, the fiduciary must shall
2041      allocate net receipts from the sale of timber and related
2042      products as provided in this section chapter.
2043                Section 32.          Section 738.606, Florida Statutes, is
2044      transferred, renumbered as section 738.413, Florida Statutes,
2045      and amended to read:
2046                738.413 738.606          Marital deduction property not productive
2047      of income.—
2048                (1)       If a trust received property for which a gift or
2049      estate tax marital deduction was under the Internal Revenue Code
2050      or comparable law of any state is allowed, for all or if part of

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          HB 1093                                                                                               2024




2051      a trust received property satisfying, or if assets are
2052      transferred to a trust that satisfies the requirements of s.
2053      732.2025(2)(a) and (c), and such property has assets have been
2054      used in whole or in part to satisfy an election by a surviving
2055      spouse under s. 732.2125, and the settlor's spouse holds a
2056      mandatory income interest in the trust, the spouse may require
2057      the trustee, to the extent that the trust assets otherwise do
2058      consist of property that, in the aggregate, does not provide the
2059      spouse with sufficient income from or use of the trust assets to
2060      qualify for the deduction, or to satisfy an election by a
2061      surviving spouse under s. 732.2125, to make the property
2062      productive of income within a reasonable time. The trustee may:
2063                (a)       Convert property to property productive of income
2064      within a reasonable time;
2065                (b)       Exercise the power to adjust under s. 738.203;
2066                (c)       Exercise the power to convert to or from a unitrust
2067      under s. 738.303; or
2068                (d)       Exercise the fiduciary's authority under the terms of
2069      the trust to otherwise provide the surviving spouse with
2070      sufficient income from the trust assets, or the use of the trust
2071      assets, to qualify for the marital deduction, or to satisfy an
2072      election by a surviving spouse under s. 732.2125.
2073                (2)       The trustee may decide which action or combination of
2074      actions listed in subsection (1) to take.
2075                (3)       Subsection (1) shall apply, and if amounts the trustee

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          HB 1093                                                                                               2024




2076      transfers from principal to income under s. 738.104 and
2077      distributes to the spouse from principal pursuant to the terms
2078      of the trust are insufficient to provide the spouse with the
2079      beneficial enjoyment required to obtain the marital deduction,
2080      even though, in the case of an elective share trust under s.
2081      732.2025(2), a marital deduction is not made or is only
2082      partially made, the spouse may require the trustee of such
2083      marital trust or elective share trust to make property
2084      productive of income, convert property within a reasonable time,
2085      or exercise the power conferred by ss. 738.104 and 738.1041.
2086                (4)       The terms of a trust as defined in s. 738.102 may not
2087      supersede this section unless such terms explicitly reference
2088      this section The trustee may decide which action or combination
2089      of actions to take.
2090                (2)       In cases not governed by subsection (1), proceeds from
2091      the sale or other disposition of an asset are principal without
2092      regard to the amount of income the asset produces during any
2093      accounting period.
2094                Section 33.          Section 738.607, Florida Statutes, is
2095      transferred, renumbered as section 738.414, Florida Statutes,
2096      and amended to read:
2097                738.414 738.607          Derivatives or and options.—
2098                (1)       As used in For purposes of this section, the term
2099      "derivative" means a contract, an or financial instrument, or
2100      other arrangement, or a combination of contracts, and financial

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          HB 1093                                                                                               2024




2101      instruments, or other arrangements, of which the value, rights,
2102      and obligations are, in whole or in part, dependent on or
2103      derived from an underlying which gives a trust the right or
2104      obligation to participate in some or all changes in the price of
2105      a tangible or intangible asset, a or group of tangible or
2106      intangible assets, an index, or an occurrence of an event. The
2107      term includes stocks, fixed income securities, and financial
2108      instruments and arrangements based on indices, commodities,
2109      interest rates, weather-related events, and credit-default
2110      events assets, or changes in a rate, an index of prices or
2111      rates, or other market indicator for an asset or a group of
2112      assets.
2113                (2)       To the extent that a fiduciary does not account for a
2114      transaction in derivatives as a business under s. 738.403 for
2115      transactions in derivatives, the fiduciary shall allocate 10
2116      percent of to principal receipts from the transaction and 10
2117      percent of and disbursements made in connection with the
2118      transaction to income and allocate the balance to principal
2119      those transactions.
2120                (3)       Subsection (4) applies if:
2121                (a)       A fiduciary:
2122                1.    If a fiduciary Grants an option to buy property from a
2123      the trust, regardless of or estate whether or not the trust or
2124      estate owns the property when the option is granted;,
2125                2.    Grants an option that permits another person to sell

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          HB 1093                                                                                               2024




2126      property to the trust; or
2127                3.    estate, or Acquires an option to buy property for the
2128      trust or estate or an option to sell an asset owned by the trust
2129      or estate;, and
2130                (b)       The fiduciary or other owner of the asset is required
2131      to deliver the asset if the option is exercised, an amount
2132      received for granting the option shall be allocated to
2133      principal. An amount paid to acquire the option shall be paid
2134      from principal.
2135                (4)       If this subsection applies, the fiduciary must
2136      allocate 10 percent to income and allocate the balance to
2137      principal of the following amounts:
2138                (a)       An amount received for granting the option;
2139                (b)       An amount paid to acquire the option; and
2140                (c)       A Gain or loss realized on upon the exercise,
2141      exchange, settlement, offset, closing, or expiration of the
2142      option of an option, including an option granted to a grantor of
2143      the trust or estate for services rendered, shall be allocated to
2144      principal.
2145                Section 34.          Section 738.608, Florida Statutes, is
2146      transferred, renumbered as section 738.415, Florida Statutes,
2147      and amended to read:
2148                738.415 738.608          Asset-backed securities.—
2149                (1)       Except as otherwise provided in subsection (2), a
2150      fiduciary shall allocate to income a receipt from or related to

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          HB 1093                                                                                               2024




2151      an asset-backed security, as defined in s. 738.102, to the
2152      extent that the payor identifies the payment as being from For
2153      purposes of this section, "asset-backed security" means an asset
2154      the value of which is based upon the right given the owner to
2155      receive distributions from the proceeds of financial assets that
2156      provide collateral for the security. The term includes an asset
2157      that gives the owner the right to receive from the collateral
2158      financial assets only the interest or other current return and
2159      allocate to principal the balance of the receipt or only the
2160      proceeds other than interest or current return. The term does
2161      not include an asset to which s. 738.401 or s. 738.602 applies.
2162                (2)       If a fiduciary receives one or more payments in
2163      exchange for part or all of the fiduciary's interest in an
2164      asset-backed security, including a liquidation or redemption of
2165      the fiduciary's interest in the security trust or estate
2166      receives a payment from interest or other current return and
2167      from other proceeds of the collateral financial assets, the
2168      fiduciary must shall allocate to income 10 percent of receipts
2169      from the transaction and 10 percent of disbursements made in
2170      connection with the transaction, and allocate to principal the
2171      portion of the payment which the payor identifies as being from
2172      interest or other current return and allocate the balance of the
2173      receipts and disbursements payment to principal.
2174                (3)       If a trust or estate receives one or more payments in
2175      exchange for the trust's or estate's entire interest in an

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          HB 1093                                                                                               2024




2176      asset-backed security during a single accounting period, the
2177      fiduciary shall allocate the payments to principal. If a payment
2178      is one of a series of payments that will result in the
2179      liquidation of the trust's or estate's interest in the security
2180      over more than a single accounting period, the fiduciary shall
2181      allocate 10 percent of the payment to income and the balance to
2182      principal.
2183                Section 35.          Section 738.416, Florida Statutes, is created
2184      to read:
2185                738.416      Other financial instrument or arrangement. —A
2186      fiduciary shall allocate receipts from or related to a financial
2187      instrument or arrangement not otherwise addressed by this
2188      chapter. The allocation must be consistent with ss. 738.414 and
2189      738.415.
2190                Section 36.          Section 738.501, Florida Statutes, is amended
2191      to read:
2192                (Substantial rewording of section. See
2193                s. 738.501, F.S., for present text.)
2194                738.501      Disbursement from income.—Subject to s. 738.504,
2195      and except as otherwise provided in s. 738.601(3)(b) or (c), a
2196      fiduciary shall disburse from income:
2197                (1)       One-half of:
2198                (a)       The regular compensation of the fiduciary and of any
2199      person providing investment advisory, custodial, or other
2200      services to the fiduciary to the extent that income is

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          HB 1093                                                                                               2024




2201      sufficient; and
2202                (b)       An expense for an accounting, judicial or nonjudicial
2203      proceeding, or other matter that involves both income and
2204      successive interests to the extent income is sufficient.
2205                (2)       The balance of the disbursements described in
2206      subsection (1), to the extent that a fiduciary who is an
2207      independent person determines that making those disbursements
2208      from income would be in the interests of the beneficiaries.
2209                (3)       Any other ordinary expense incurred in connection with
2210      administration, management, or preservation of property and
2211      distribution of income, including interest, an ordinary repair,
2212      a regularly recurring tax assessed against principal, and an
2213      expense of an accounting, judicial or nonjudicial proceeding, or
2214      other matter that involves primarily an income interest, to the
2215      extent that income is sufficient.
2216                (4)       A premium on insurance covering loss of a principal
2217      asset or income from or use of the asset.
2218                Section 37.          Section 738.502, Florida Statutes, is amended
2219      to read:
2220                (Substantial rewording of section. See
2221                s. 738.502, F.S., for present text.)
2222                738.502      Disbursement from principal.—
2223                (1)       Subject to s. 738.505, and except as otherwise
2224      provided in s. 738.601(3)(b), a fiduciary shall disburse all of
2225      the following from principal:

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          HB 1093                                                                                               2024




2226                (a)       The balance of the disbursements described in s.
2227      738.501(1) and (3), after application of s. 738.501(2).
2228                (b)       The fiduciary's compensation calculated on principal
2229      as a fee for acceptance, distribution, or termination.
2230                (c)       A payment of an expense to prepare for or execute a
2231      sale or other disposition of property.
2232                (d)       A payment on the principal of a trust debt.
2233                (e)       A payment of an expense of an accounting, judicial or
2234      nonjudicial proceeding, or other matter that involves primarily
2235      principal, including a proceeding to construe the terms of the
2236      trust or protect property.
2237                (f)       A payment of a premium for insurance, including title
2238      insurance, not described in s. 738.501(4) of which the fiduciary
2239      is the owner and beneficiary.
2240                (g)       A payment of estate, inheritance, and other transfer
2241      taxes, including penalties, apportioned to the trust.
2242                (h)       A payment related to environmental matters including:
2243                1.    Reclamation;
2244                2.    Assessing environmental conditions;
2245                3.    Remedying and removing environmental contamination;
2246                4.    Monitoring remedial activities and the release of
2247      substances;
2248                5.    Preventing future releases of substances;
2249                6.    Collecting amounts from persons liable or potentially
2250      liable for the costs of the activities described in

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          HB 1093                                                                                               2024




2251      subparagraphs 1.-5.;
2252                7.    Penalties imposed under environmental laws or
2253      regulations;
2254                8.    Other actions to comply with environmental laws or
2255      regulations;
2256                9.    Statutory or common law claims by third parties; and
2257                10    Defending claims based on environmental matters.
2258                (i)       A payment of a premium for insurance for matters
2259      described in paragraph (h).
2260                (2)       If a principal asset is encumbered with an obligation
2261      that requires income from the asset to be paid directly to a
2262      creditor, the fiduciary must transfer from principal to income
2263      an amount equal to the income paid to the creditor in reduction
2264      of the principal balance of the obligation.
2265                Section 38.          Section 738.503, Florida Statutes, is amended
2266      to read:
2267                (Substantial rewording of section. See
2268                s. 738.503, F.S., for present text.)
2269                738.503      Transfers from income to principal for
2270      depreciation.—
2271                (1)       For purposes of this section, "depreciation" means a
2272      reduction in value due to wear, tear, decay, corrosion, or
2273      gradual obsolescence of a tangible asset having a useful life of
2274      more than 1 year.
2275                (2)       A fiduciary may transfer to principal a reasonable

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          HB 1093                                                                                               2024




2276      amount of the net cash receipts from a principal asset that is
2277      subject to depreciation but may not transfer any amount for
2278      depreciation:
2279                (a)       Of the part of real property used or available for use
2280      by a beneficiary as a residence;
2281                (b)       Of tangible personal property held or made available
2282      for the personal use or enjoyment of a beneficiary; or
2283                (c)       Under this section, to the extent that the fiduciary
2284      accounts:
2285                1.    Under s. 738.410 for the asset; or
2286                2.    Under s. 738.403 for the business or other activity in
2287      which the asset is used.
2288                (3)       An amount transferred to principal under this section
2289      need not be separately held.
2290                Section 39.          Section 738.504, Florida Statutes, is amended
2291      to read:
2292                (Substantial rewording of section. See
2293                s. 738.504, F.S., for present text.)
2294                738.504      Reimbursement of income from principal.—
2295                (1)       If a fiduciary makes or expects to make an income
2296      disbursement described in subsection (2), the fiduciary may
2297      transfer an appropriate amount from principal to income in one
2298      or more accounting periods to reimburse income.
2299                (2)       To the extent that the fiduciary has not been and does
2300      not expect to be reimbursed by a third party, income

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          HB 1093                                                                                               2024




2301      disbursements to which subsection (1) applies include:
2302                (a)       An amount chargeable to principal but paid from income
2303      because principal is illiquid;
2304                (b)       A disbursement made to prepare property for sale,
2305      including improvements and commissions; and
2306                (c)       A disbursement described in s. 738.502(1).
2307                (3)       If an asset whose ownership gives rise to an income
2308      disbursement becomes subject to a successive interest after an
2309      income interest ends, the fiduciary may continue to make
2310      transfers under subsection (1).
2311                Section 40.          Section 738.704, is transferred, renumbered as
2312      section 738.505, Florida Statutes, and amended to read:
2313                738.505 738.704          Reimbursement of principal from income
2314      Transfers from income to reimburse principal.—
2315                (1)       If a fiduciary makes or expects to make a principal a
2316      principal disbursement described in subsection (2) this section,
2317      the fiduciary may transfer an appropriate amount from income to
2318      principal in one or more accounting periods to reimburse
2319      principal or to provide a reserve for future principal
2320      disbursements.
2321                (2)       Principal disbursements to which subsection (1)
2322      applies include the following, but only To the extent that a the
2323      fiduciary has not been and does not expect to be reimbursed by a
2324      third party, principal disbursements to which subsection (1)
2325      applies include:

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          HB 1093                                                                                               2024




2326                (a)       An amount chargeable to income but paid from principal
2327      because income is not sufficient; the amount is unusually large.
2328                (b)       The cost of an improvement to principal, whether a
2329      change to an existing asset or the construction of a new asset,
2330      including a special assessment; Disbursements made to prepare
2331      property for rental, including tenant allowances, leasehold
2332      improvements, and broker's commissions.
2333                (c)       A disbursement made to prepare property for rental,
2334      including tenant allowances, leasehold improvements, and
2335      commissions; Disbursements described in s. 738.702(1)(g).
2336                (d)       A periodic payment on an obligation secured by a
2337      principal asset, to the extent the amount transferred from
2338      income to principal for depreciation is less than the periodic
2339      payment; and
2340                (e)       A disbursement described in s. 738.502(1).
2341                (3)       If an the asset whose the ownership of which gives
2342      rise to a principal disbursement the disbursements becomes
2343      subject to a successive income interest after an income interest
2344      ends, the a fiduciary may continue to make transfers under
2345      transfer amounts from income to principal as provided in
2346      subsection (1).
2347                (4)       To the extent principal cash is not sufficient to pay
2348      the principal balance of payments due on mortgaged property,
2349      income may be applied to such payment in order to avoid a
2350      default on any mortgage or security interest securing the

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          HB 1093                                                                                               2024




2351      property. Income shall be reimbursed for such payments out of
2352      the first available principal cash. If the asset the ownership
2353      of which gives rise to the disbursements described in this
2354      subsection becomes subject to a successive income interest after
2355      an income interest ends, all rights of the initial income
2356      interest shall lapse, and amounts remaining due from principal
2357      shall not be a lien on the assets of the trust.
2358                Section 41.          Section 738.705, Florida Statutes, is
2359      transferred, renumbered as section 738.506, Florida Statutes,
2360      and amended to read:
2361                738.506 738.705          Income taxes.—
2362                (1)       A tax required to be paid by a fiduciary which is
2363      based on receipts allocated to income must shall be paid from
2364      income.
2365                (2)       A tax required to be paid by a fiduciary which is
2366      based on receipts allocated to principal must shall be paid from
2367      principal, even if the tax is called an income tax by the taxing
2368      authority.
2369                (3)       Subject to subsection (4) and ss. 738.504, 738.505,
2370      and 738.507, a tax required to be paid by a fiduciary on a the
2371      trust's or estate's share of an entity's taxable income in an
2372      accounting period must shall be paid from proportionately:
2373                (a)       From Income and principal proportionately to the
2374      allocation between income and principal of to the extent
2375      receipts from the entity in the period are allocated to income.

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          HB 1093                                                                                               2024




2376                (b)       From principal to the extent receipts from the entity
2377      are allocated to principal.
2378                (c)       From Principal to the extent that the tax exceeds the
2379      income taxes payable by the trust or estate exceed the total
2380      receipts from the entity in the period.
2381                (4)       After applying subsections (1), (2), and (3), a
2382      fiduciary shall adjust income or principal receipts, to the
2383      extent the taxes that the fiduciary pays are reduced because of
2384      a deduction for a payment made to a beneficiary.
2385                (5)       Subject to the limitations and excluded assets
2386      provided under s. 736.08145, a reimbursement of state or federal
2387      income tax elected to be made by a fiduciary pursuant to s.
2388      736.08145 must be allocated and paid under paragraphs (3)(a) and
2389      (b) After applying subsections (1)-(3), the fiduciary shall
2390      adjust income or principal receipts to the extent that the
2391      trust's or estate's income taxes are reduced, but not
2392      eliminated, because the trust or estate receives a deduction for
2393      payments made to a beneficiary. The amount distributable to that
2394      beneficiary as income as a result of this adjustment shall be
2395      equal to the cash received by the trust or estate, reduced, but
2396      not below zero, by the entity's taxable income allocable to the
2397      trust or estate multiplied by the trust's or estate's income tax
2398      rate. The reduced amount shall be divided by the difference
2399      between 1 and the trust's or estate's income tax rate in order
2400      to determine the amount distributable to that beneficiary as

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          HB 1093                                                                                               2024




2401      income before giving effect to other receipts or disbursements
2402      allocable to that beneficiary's interest.
2403                Section 42.          Section 738.706, Florida Statutes, is
2404      transferred, renumbered as section 738.507, Florida Statutes,
2405      and amended to read:
2406                738.507 738.706          Adjustment Adjustments between principal
2407      and income because of taxes.—
2408                (1)       A fiduciary may make an adjustment adjustments between
2409      principal and income and principal to offset the shifting of
2410      economic interests or tax benefits between current income
2411      beneficiaries and successor remainder beneficiaries which arises
2412      arise from:
2413                (a)       An election or decision Elections and decisions, other
2414      than those described in paragraph (b), that the fiduciary makes
2415      from time to time regarding a tax matter, other than a decision
2416      to claim an income tax deduction to which subsection (2) applies
2417      matters;
2418                (b)       An income tax or any other tax that is imposed on upon
2419      the fiduciary or a beneficiary as a result of a transaction
2420      involving the fiduciary or a distribution by from the fiduciary
2421      estate or trust; or
2422                (c)       The Ownership by the fiduciary an estate or trust of
2423      an interest in an entity a part of whose taxable income,
2424      regardless of whether or not distributed, is includable in the
2425      taxable income of the fiduciary estate, trust, or a beneficiary;

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          HB 1093                                                                                               2024




2426      or
2427                (d)        An election or decision a fiduciary makes to reimburse
2428      any tax under s. 736.08145.
2429                (2)        If the amount of an estate tax marital deduction or
2430      charitable contribution deduction is reduced because a fiduciary
2431      deducts an amount paid from principal for income tax purposes
2432      instead of deducting it such amount for estate tax purposes,
2433      and, as a result, estate taxes paid from principal are increased
2434      and income taxes paid by a fiduciary or a an estate, trust, or
2435      beneficiary are decreased, the fiduciary shall charge each
2436      estate, trust, or beneficiary that benefits from the decrease in
2437      income tax to shall reimburse the principal from which the
2438      increase in estate tax is paid. The total reimbursement must
2439      shall equal the increase in the estate tax, to the extent that
2440      the principal used to pay the increase would have qualified for
2441      a marital deduction or charitable contribution deduction but for
2442      the payment. The proportionate share of the reimbursement for
2443      each fiduciary estate, trust, or beneficiary whose income taxes
2444      are reduced must shall be the same as its such estate's,
2445      trust's, or beneficiary's proportionate share of the total
2446      decrease in income tax. An estate or trust shall reimburse
2447      principal from income.
2448                (3)        A fiduciary that charges a beneficiary under
2449      subsection (2) may offset the charge by obtaining payment from
2450      the beneficiary, withholding an amount from future distributions

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          HB 1093                                                                                               2024




2451      to the beneficiary, or adopting another method or combination of
2452      methods.
2453                Section 43.          Section 738.508, Florida Statutes, is created
2454      to read:
2455                738.508      Apportionment of property expenses between tenant
2456      and remainderman.—
2457                (1)       For purposes of this section, the term:
2458                (a)       "Remainderman" means the holder of the remainder
2459      interests after the expiration of a tenant's estate in property.
2460                (b)       "Tenant" means the holder of an estate for life or
2461      term of years in real property or personal property, or both.
2462                (2)       If a trust has not been created, expenses shall be
2463      apportioned between the tenant and remainderman as follows:
2464                (a)       The following expenses are allocated to and shall be
2465      paid by the tenant:
2466                1.    All ordinary expenses incurred in connection with the
2467      administration, management, or preservation of the property,
2468      including interest, ordinary repairs, regularly recurring taxes
2469      assessed against the property, and expenses of a proceeding or
2470      other matter that concerns primarily the tenant's estate or use
2471      of the property.
2472                2.    Recurring premiums on insurance covering the loss of
2473      the property or the loss of income from or use of the property.
2474                3.    Any of the expenses described in subparagraph (b)3.
2475      which are attributable to the use of the property by the tenant.

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          HB 1093                                                                                               2024




2476                (b)       The following expenses are allocated to and shall be
2477      paid by the remainderman:
2478                1.    Payments on the principal of a debt secured by the
2479      property, except to the extent that the debt is for expenses
2480      allocated to the tenant.
2481                2.    Expenses of a proceeding or other matter that concerns
2482      primarily the title to the property, other than title to the
2483      tenant's estate.
2484                3.    Except as provided in subparagraph (a)3., expenses
2485      related to environmental matters, including reclamation,
2486      assessing environmental conditions, remedying and removing
2487      environmental contamination, monitoring remedial activities and
2488      the release of substances, preventing future releases of
2489      substances, collecting amounts from persons liable or
2490      potentially liable for the costs of such activities, penalties
2491      imposed under environmental laws or regulations and other
2492      payments made to comply with those laws or regulations,
2493      statutory or common law claims by third parties, and defending
2494      claims based on environmental matters.
2495                4.    Extraordinary repairs.
2496                (c)       If the tenant or remainderman incurred an expense for
2497      the benefit of his or her own estate without consent or
2498      agreement of the other, he or she must pay such expense in full.
2499                (d)       Except as provided in paragraph (c), the cost of, or
2500      special taxes or assessments for, an improvement representing an

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          HB 1093                                                                                               2024




2501      addition of value to property forming part of the principal
2502      shall be paid by the tenant if the improvement is not reasonably
2503      expected to outlast the estate of the tenant. In all other
2504      cases, only a part shall be paid by the tenant while the
2505      remainder shall be paid by the remainderman. The part payable by
2506      the tenant is ascertainable by taking that percentage of the
2507      total that is found by dividing the present value of the
2508      tenant's estate by the present value of an estate of the same
2509      form as that of the tenant, except that it is limited for a
2510      period corresponding to the reasonably expected duration of the
2511      improvement. The computation of present values of the estates
2512      shall be made by using the rate determined under s. 7520(a)(2)
2513      of the Internal Revenue Code then in effect and, in the case of
2514      an estate for life, the official mortality tables then in effect
2515      under s. 7520 of the Internal Revenue Code. Other evidence of
2516      duration or expectancy may not be considered.
2517                (3)       This section does not apply to the extent that it is
2518      inconsistent with the instrument creating the estates, the
2519      agreement of the parties, or the specific direction of the
2520      Internal Revenue Code taxing or other applicable law.
2521                (4)       The common law applicable to tenants and remaindermen
2522      supplements this section, except as modified by this section or
2523      other laws.
2524                Section 44.          Section 738.601, Florida Statutes, is amended
2525      to read:

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          HB 1093                                                                                               2024




2526                (Substantial rewording of section. See
2527                s. 738.601, F.S., for present text.)
2528                738.601      Determination and distribution of net income.—
2529                (1)       This section applies when:
2530                (a)       The death of an individual results in the creation of
2531      an estate or trust; or
2532                (b)       An income interest in a trust terminates, whether the
2533      trust continues or is distributed.
2534                (2)       A fiduciary of an estate or trust with an income
2535      interest that terminates shall determine, under subsection (6)
2536      and ss. 738.401-738.508 and 738.701-738.703, the amount of net
2537      income and net principal receipts received from property
2538      specifically given to a beneficiary. The fiduciary shall
2539      distribute the net income and net principal receipts to the
2540      beneficiary who is to receive the specific property.
2541                (3)       A fiduciary shall determine the income and net income
2542      of an estate or income interest in a trust which terminates,
2543      other than the amount of net income determined under subsection
2544      (2), under ss. 738.401-738.508 and 738.701-738.703, and by:
2545                (a)       Including in net income all income from property used
2546      or sold to discharge liabilities.
2547                (b)       Paying from income or principal, in the fiduciary's
2548      discretion, fees of attorneys, accountants, and fiduciaries;
2549      court costs and other expenses of administration; and interest
2550      on estate and inheritance taxes and other taxes imposed because

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          HB 1093                                                                                               2024




2551      of the decedent's death, but the fiduciary may pay the expenses
2552      from income of property passing to a trust for which the
2553      fiduciary claims an estate tax marital or charitable deduction
2554      under the Internal Revenue Code or comparable law of any state
2555      only to the extent that:
2556                1.    The payment of the those expenses from income will not
2557      cause the reduction or loss of the deduction; or
2558                2.    The fiduciary makes an adjustment under s. 738.507(2);
2559      and
2560                (c)       Paying from principal other disbursements made or
2561      incurred in connection with the settlement of the estate or the
2562      winding up of an income interest that terminates, including:
2563                1.    To the extent authorized by the decedent's will, the
2564      terms of the trust, or applicable law, debts, funeral expenses,
2565      disposition of remains, family allowances, estate and
2566      inheritance taxes, and other taxes imposed because of the
2567      decedent's death; and
2568                2.    Related penalties apportioned by the decedent's will,
2569      the terms of the trust, or applicable law to the estate or
2570      income interest that terminates.
2571                (4)       If a decedent's will or the terms of a trust provide
2572      for the payment of interest or the equivalent of interest to a
2573      beneficiary who receives a pecuniary amount outright, the
2574      fiduciary shall make the payment from net income determined
2575      under subsection (3) or from principal to the extent that net

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          HB 1093                                                                                               2024




2576      income is insufficient.
2577                (5)       A fiduciary shall distribute net income remaining
2578      after payments required by subsection (4) in the manner
2579      described in s. 738.602 to all other beneficiaries, including a
2580      beneficiary who receives a pecuniary amount in trust, even if
2581      the beneficiary holds an unqualified power to withdraw assets
2582      from the trust or other presently exercisable general power of
2583      appointment over the trust.
2584                (6)       A fiduciary may not reduce principal or income
2585      receipts from property described in subsection (2) because of a
2586      payment described in s. 738.501 or s. 738.502 to the extent that
2587      the decedent's will, the terms of the trust, or applicable law
2588      requires the fiduciary to make the payment from assets other
2589      than the property or that the fiduciary recovers or expects to
2590      recover the payment from a third party. The net income and
2591      principal receipts from the property must be determined by
2592      including the amount the fiduciary receives or pays regarding
2593      the property, whether the amount accrued or became due before,
2594      on, or after the date of the decedent's death or an income
2595      interest's terminating event, and making a reasonable provision
2596      for an amount the estate or income interest may become obligated
2597      to pay after the property is distributed.
2598                Section 45.          Section 738.602, Florida Statutes, is amended
2599      to read:
2600                (Substantial rewording of section. See

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          HB 1093                                                                                               2024




2601                s. 738.602, F.S., for present text.)
2602                738.602      Distribution to successor beneficiary.—
2603                (1)       Except to the extent that ss. 738.301-738.310 apply
2604      for a beneficiary that is a trust, each beneficiary described in
2605      s. 738.601(5) is entitled to receive a share of the net income
2606      equal to the beneficiary's fractional interest in undistributed
2607      principal assets, using carrying values as of the distribution
2608      date. If a fiduciary makes more than one distribution of assets
2609      to beneficiaries to which this section applies, each
2610      beneficiary, including a beneficiary who does not receive part
2611      of the distribution, is entitled, as of each distribution date,
2612      to a share of the net income the fiduciary received after the
2613      decedent's death, an income interest's other terminating event,
2614      or the preceding distribution by the fiduciary.
2615                (2)       In determining a beneficiary's share of net income
2616      under subsection (1), the following rules apply:
2617                (a)       The beneficiary is entitled to receive a share of the
2618      net income equal to the beneficiary's fractional interest in the
2619      undistributed principal assets immediately before the
2620      distribution date.
2621                (b)       The beneficiary's fractional interest under paragraph
2622      (a) must be calculated:
2623                1.    On the aggregate carrying value of the assets as of the
2624      distribution date; and
2625                2.    Reduced by:

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          HB 1093                                                                                               2024




2626                a.    Any liabilities of the estate or trust;
2627                b.    Property specifically given to a beneficiary under the
2628      decedent's will or the terms of the trust; and
2629                c.    Property required to pay pecuniary amounts not in
2630      trust.
2631                (c)       If a disproportionate distribution of principal is
2632      made to any beneficiary, the respective fractional interests of
2633      all beneficiaries in the undistributed principal assets must be
2634      recomputed by:
2635                1.    Adjusting the carrying value of the principal assets to
2636      their fair market value before the distribution;
2637                2.    Reducing the fractional interest of the recipient of
2638      the disproportionate distribution in the remaining principal
2639      assets by the fair market value of the principal distribution;
2640      and
2641                3.    Recomputing the fractional interests of all
2642      beneficiaries in the remaining principal assets based upon the
2643      now restated carrying values.
2644                (d)       The distribution date under paragraph (a) may be the
2645      date as of which the fiduciary calculates the value of the
2646      assets if that date is reasonably near the date on which the
2647      assets are distributed. All distributions to a beneficiary must
2648      be valued based on the assets' fair market value on the date of
2649      the distribution.
2650                (3)       To the extent that a fiduciary does not distribute

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          HB 1093                                                                                               2024




2651      under this section all the collected but undistributed net
2652      income to each beneficiary as of a distribution date, the
2653      fiduciary shall maintain records showing the interest of each
2654      beneficiary in the net income.
2655                (4)       If this section applies to income from an asset, a
2656      fiduciary may apply the requirements in this section to net gain
2657      or loss realized from the disposition of the asset after the
2658      decedent's date of death, an income interest's terminating
2659      event, or the preceding distribution by the fiduciary.
2660                (5)       The carrying value or fair market value of trust
2661      assets shall be determined on an asset-by-asset basis and is
2662      conclusive if reasonable and determined in good faith.
2663      Determinations of fair market value based on appraisals
2664      performed within 2 years before or after the valuation date are
2665      presumed reasonable. The values of trust assets are conclusively
2666      presumed to be reasonable and determined in good faith unless
2667      proven otherwise in a proceeding commenced by or on behalf of a
2668      person interested in the trust within the time provided in s.
2669      736.1008.
2670                Section 46.          Section 738.701, Florida Statutes, is amended
2671      to read:
2672                (Substantial rewording of section. See
2673                s. 738.701, F.S., for present text.)
2674                738.701      When right to income begins and ends.—
2675                (1)       An income beneficiary is entitled to net income in

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          HB 1093                                                                                               2024




2676      accordance with the terms of the trust from the date an income
2677      interest begins. The income interest begins on the date
2678      specified in the terms of the trust or, if no date is specified,
2679      on the date an asset becomes subject to:
2680                (a)       The trust for the current income beneficiary; or
2681                (b)       A successive interest for a successor beneficiary.
2682                (2)       An asset becomes subject to a trust under paragraph
2683      (1)(a):
2684                (a)       For an asset that is transferred to the trust during
2685      the settlor's life, on the date the asset is transferred;
2686                (b)       For an asset that becomes subject to the trust because
2687      of a decedent's death, on the date of the decedent's death, even
2688      if there is an intervening period of administration of the
2689      decedent's estate; or
2690                (c)       For an asset that is transferred to a fiduciary by a
2691      third party because of a decedent's death, on the date of the
2692      decedent's death.
2693                (3)       An asset becomes subject to a successive interest
2694      under paragraph (1)(b) on the day after the preceding income
2695      interest ends, as determined under subsection (4), even if there
2696      is an intervening period of administration to wind up the
2697      preceding income interest.
2698                (4)       An income interest ends on the day before an income
2699      beneficiary dies or another terminating event occurs, or on the
2700      last day of a period during which there is no beneficiary to

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          HB 1093                                                                                               2024




2701      which a fiduciary may or must distribute income.
2702                Section 47.          Section 738.702, Florida Statutes, is amended
2703      to read:
2704                (Substantial rewording of section. See
2705                s. 738.702, F.S., for present text.)
2706                738.702      Apportionment of receipts and disbursements when
2707      decedent dies or income interest begins.—
2708                (1)       A fiduciary shall allocate an income receipt or
2709      disbursement, other than a receipt to which s. 738.601(2)
2710      applies, to principal if its due date occurs before the date on
2711      which:
2712                (a)       For an estate, the decedent died; or
2713                (b)       For a trust or successive interest, an income interest
2714      begins.
2715                (2)       If the due date of a periodic income receipt or
2716      disbursement occurs on or after the date on which a decedent
2717      died or an income interest begins, a fiduciary must allocate the
2718      receipt or disbursement to income.
2719                (3)       If an income receipt or disbursement is not periodic
2720      or has no due date, a fiduciary must treat the receipt or
2721      disbursement under this section as accruing from day to day. The
2722      fiduciary shall allocate to principal the portion of the receipt
2723      or disbursement accruing before the date on which a decedent
2724      died or an income interest begins, and shall allocate to income
2725      the balance.

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          HB 1093                                                                                               2024




2726                (4)       A receipt or disbursement is periodic under
2727      subsections (2) and (3) if:
2728                (a)       The receipt or disbursement must be paid at regular
2729      intervals under an obligation to make payments; or
2730                (b)       The payor customarily makes payments at regular
2731      intervals.
2732                (5)       An item of income or an obligation is due under this
2733      section on the date the payor is required to make a payment. If
2734      a payment date is not stated, there is no due date.
2735                (6)       Distributions to shareholders or other owners from an
2736      entity to which s. 738.401 applies are due:
2737                (a)       On the date fixed by or on behalf of the entity for
2738      determining the persons entitled to receive the distribution;
2739                (b)       If no date is fixed, on the date of the decision by or
2740      on behalf of the entity to make the distribution; or
2741                (c)       If no date is fixed and the fiduciary does not know
2742      the date of the decision by or on behalf of the entity to make
2743      the distribution, on the date the fiduciary learns of the
2744      decision.
2745                (7)       Section 733.817 controls over any provision of this
2746      chapter to the contrary.
2747                Section 48.          Section 738.703, Florida Statutes, is amended
2748      to read:
2749                (Substantial rewording of section. See
2750                s. 738.703, F.S., for present text.)

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          HB 1093                                                                                               2024




2751                738.703      Apportionment when income interest ends.—
2752                (1)       As used in this section, the term "undistributed
2753      income" means net income received on or before the date on which
2754      an income interest ends. The term does not include an item of
2755      income or expense which is due or accrued or net income that has
2756      been added or is required to be added to principal under the
2757      terms of the trust.
2758                (2)       Except as otherwise provided in subsection (3), when a
2759      mandatory income interest of a beneficiary ends, the fiducia ry
2760      shall pay the beneficiary's share of the undistributed income
2761      that is not disposed of under the terms of the trust to the
2762      beneficiary or, if the beneficiary does not survive the date the
2763      interest ends, to the beneficiary's estate.
2764                (3)       If a beneficiary has an unqualified power to withdraw
2765      more than 5 percent of the value of a trust immediately before
2766      an income interest ends:
2767                (a)       The fiduciary shall allocate to principal the
2768      undistributed income from the portion of the trust which may be
2769      withdrawn; and
2770                (b)       Subsection (2) applies only to the balance of the
2771      undistributed income.
2772                (4)       When a fiduciary's obligation to pay a fixed annuity
2773      or a fixed fraction of the value of assets ends, the fiduciary
2774      shall prorate the final payment as required to preserve income
2775      tax, gift tax, estate tax, or other tax benefits.

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          HB 1093                                                                                               2024




2776                Section 49.         Section 738.801, Florida Statutes, is amended
2777      to read:
2778                (Substantial rewording of section. See
2779                s. 738.801, F.S., for present text.)
2780                738.801     Uniformity of application and construction.—In
2781      applying and construing this act, consideration shall be given
2782      to the need to promote uniformity of the law with respect to its
2783      subject matter among states that enact it.
2784                Section 50.         Section 738.802, Florida Statutes, is amended
2785      to read:
2786                (Substantial rewording of section. See
2787                s. 738.802, F.S., for present text.)
2788                738.802     Relation to Electronic Signatures in Global and
2789      National Commerce Act.—This chapter modifies, limits, or
2790      supersedes the Electronic Signatures in Global and National
2791      Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify,
2792      limit, or supersede section 101(c) of that act, 15 U.S.C. s.
2793      7001(c), or authorize electronic delivery of any of the notices
2794      described in s. 103(b) of that act, 15 U.S.C. s. 7003(b). This
2795      chapter does not modify, limit, or supersede s. 117.285.
2796                Section 51.         Section 738.803, Florida Statutes, is amended
2797      to read:
2798                738.803     Severability.—If any provision of this chapter or
2799      its application to any person or circumstance is held invalid,
2800      the invalidity does shall not affect other provisions or

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          HB 1093                                                                                               2024




2801      applications of this chapter which can be given effect without
2802      the invalid provision or application, and to this end the
2803      provisions of this chapter are severable.
2804                Section 52.         Section 738.804, Florida Statutes, is amended
2805      to read:
2806                738.804     Application.—Except as provided in the terms of
2807      the trust instrument, the will, or this chapter, this chapter
2808      shall apply to any receipt or expense received or incurred and
2809      any disbursement made after January 1, 2025 January 1, 2003, by
2810      any trust or decedent's estate, whether established before or
2811      after January 1, 2025 January 1, 2003, and whether the asset
2812      involved was acquired by the trustee or personal representative
2813      before or after January 1, 2025 January 1, 2003. Receipts or
2814      expenses received or incurred and disbursements made before
2815      January 1, 2025, must January 1, 2003, shall be governed by the
2816      law of this state in effect at the time of the event, except as
2817      otherwise expressly provided in the will or terms of the trust
2818      or in this chapter.
2819                Section 53.         This act shall take effect January 1, 2025.




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HB 1219
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1219 Dental Insurance Claims
SPONSOR(S): Black
TIED BILLS:       IDEN./SIM. BILLS: SB 892

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                                 Herrera            Lloyd

    2) Select Committee on Health Innovation

    3) Commerce Committee


                                                     SUMMARY ANALYSIS
Health insurance serves a vital role in protecting individuals from financial hardships caused by accidents,
illnesses, or disabilities. Managed care, often utilized by health insurers through preferred provider
organizations (PPOs) and health maintenance organizations (HMOs), integrates healthc are delivery and
financing to provide cost-effective medical services within controlled networks.

In Florida, the Office of Insurance Regulation (OIR), overseen by the Financial Services Commission (FSC),
supervises insurance entities, examining insurers and ensuring compliance with regulations, including market
conduct examinations. Both HMOs and Prepaid Limited Health Service Organizations (PLHSOs) operate
within this regulatory framework.

Dental insurance is subject to regulation by OIR and the Department of Financial Services, guaranteeing
adherence to laws and fair practices. Dental plans typically cover preventive care and common procedures,
available through individual or group plans.

The bill, applicable to health insurers, PLHSOs, and HMOs, introduces the following changes:
    Prohibits mandating credit card payments as the sole means of reimbursement for dental services,
        along with requirements for insurers to provide written notice before electronic fund transfers, and
        setting limits on associated fees.
    Provides criteria for claims denial under prior authorizations, including circumstances such as benefit
        limitations, inadequate documentation, and changes in patient condition.
    Mandates enforcement by the OIR, stating certain specified provisions cannot be waived, and any
        conflicting clauses are voided.

The bill may have a positive impact on state government revenue and local governments. It has an
indeterminate positive and negative direct economic impact on the private sector and state government
expenditures.

The bill provides an effective date of July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1219.IBS
DATE: 1/30/2024
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Health Insurance

         Health insurance is the insurance of human beings against bodily injury or disablement by accident or
         sickness, including the expenses associated with such injury, disablement, or sickness. 1 Individuals
         purchase health insurance coverage with the purpose of managing anticipated expenses related to
         health or protecting themselves from unexpected medical bills or large health care costs. Managed
         care is the most common delivery system for medical care today by health insurers. 2 Managed care
         systems combine the delivery and financing of health care services by limiting the choice of doctors
         and hospitals.3 In return for this limited choice, however, medical care is less costly due to the managed
         care network’s ability to control health care services. Some common forms of managed care are
         preferred provider organizations 4 (PPO) and health maintenance organizations 5 (HMO).

         Office of Insurance Regulation

         The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers and other
         risk bearing entities in Florida.6 The Financial Services Commission (FSC), composed of the
         Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture,
         serves as the OIR agency head for purposes of rulemaking. Further, the FSC appoints the OIR
         Commissioner.

         As part of their regulatory oversight, the OIR may suspend or revoke an insurer’s certificate of authority
         under certain conditions.7 The OIR is responsible for examining the affairs, transactions, accounts,
         records, and assets of each insurer that holds a certificate of authority to transact insurance business in
         Florida.8 As part of the examination process, all persons being examined must make available to the
         OIR the accounts, records, documents, files, information, assets, and matters in their possession or
         control that relate to the subject of the examination.9 The OIR is also authorized to conduct market
         conduct examinations to determine compliance with applicable provisions of the Insurance Code. 10

         The Agency for Health Care Administration

         The Agency for Health Care Administration (AHCA) is the chief health policy and planning entity for the
         state.11 AHCA is responsible for health facilities licensure, inspection, and regulatory enforcement;
         investigation of consumer complaints related to health care facilities and managed care plans; the
         implementation of the Certificate of Need program; the operation of the Florida Center for Health
         Information and Policy Analysis; the administration of the Medicaid program; the administration of the
         contracts with the Florida Healthy Kids Corporation; the certification of health maintenance
         organizations and prepaid health clinics; and other duties prescribed by statute or agreement. 12 The
         head of AHCA is the Secretary, who is appointed by the Governor, subject to confirmation by the
         Senate.13
1 S. 624.603, F.S.
2 Florida Department of Financial Services , Health Insurance and Health Maintenance Organizations, A Guide for Consumers, available

at: https://www.myfloridacfo.com/docs-sf/consumer-services-libraries/ (last visited Jan. 26, 2024).
3 Id.
4 S. 627.6471, F.S.
5 Part I of ch. 641, F.S.
6 S. 20.121(3)(a), F.S.
7 S. 624.418, F.S
8 S. 624, 316(1)(a), F.S.
9 S. 624.318(2), F.S.
10 The Code is comprised of chs. 624-632, 634-636, 641, 642, 648, and 651, F.S. See S. 624.3161, F.S.
11 AHCA, Ab out the Agency for Health Care Administration, https://ahca.myflorida.com/about-the-agency-for-health-care-administration

(last visited Jan. 26, 2024).
12 Id.
13 Id.

STORAGE NAME: h1219.IBS                                                                                                      PAGE: 2
DATE: 1/30/2024
         Health Maintenance Organizations

         Health Maintenance Organizations (HMOs) in Florida operate within a regulatory framework overseen
         by OIR. To offer health insurance plans in Florida, HMOs must obtain a license from the OIR. 14
         Managed care plans are the primary offerings of HMOs in Florida. These plans provide comprehensive
         healthcare services to members for a fixed monthly premium. 15 Members typically select a primary care
         physician from within the HMO's network, who serves as the main point of contact for all healthcare
         needs and referrals to specialists.16

         HMOs maintain networks of healthcare providers, including primary care physicians, specialists,
         hospitals, and other healthcare facilities.17 Members are generally required to receive care from within
         the HMO's network, with exceptions for emergencies or authorized out-of-network care.18

         Florida law provides various consumer protections for individuals enrolled in HMO plans, including
         guaranteed access to emergency services, coverage for essential health benefits mandated by the
         Affordable Care Act, and the right to appeal coverage decisions made by the HMO. 19

         Prepaid Limited Health Service Organizations Contracts

         Prepaid limited health service organizations (PLHSO) provide limited health services to enrollees
         through an exclusive panel of providers in exchange for a prepayment authorized under ch. 636, F.S.
         Limited health services include:
                 Ambulance;
                 Dental;
                 Vision;
                 Mental health;
                 Substance abuse;
                 Chiropractic;
                 Podiatric; and
                 Pharmaceutical.

         Provider arrangements for prepaid limited health service organizations are authorized in s. 636.035,
         F.S., and must comply with the requirements in that section.

         Regulation of Dental Practice in Florida

         Dental insurance in Florida operates within a regulatory framework overseen by state agencies such as
         the OIR and the Florida Department of Financial Services (DFS). These agencies ensure that dental
         insurance plans comply with state laws and regulations to protect consumers and ensure fair practices
         within the industry.

         Dental insurance typically covers a portion of the cost of preventive care, such as routine cleanings and
         check-ups, as well as restorative treatments like fillings and extractions.20 Some plans may also offer
         coverage for more extensive procedures like root canals, crowns, and orthodontic treatment, although
         coverage levels and limitations can vary widely depending on the specific plan. 21



14 S. 641.21(1), F.S.
15 Medicare, What’s an HMO? https://www.medicare.gov/health-drug-plans/health-plans/. (last visited Jan. 26, 2024).
16 Id.
17 S. 641.19(12), F.S.
18 Medicare, What’s an HMO?, https://www.medicare.gov/health-drug-plans/health-plans/. (last visited Jan. 26, 2024).
19 Consumer Services, Health Insurance & HMO Overview, https://www.myfloridacfo.com/division/consumers/understanding-

insurance/health-insurance-and-hmo-overview (last visited Jan. 26, 2024).
20 HealthPartners, What Does Dental Insurance Cover?, https://www.healthpartners.com/blog/what-does-dental-insurance-cover/ (last

visited Jan. 26, 2024).
21 Id.

STORAGE NAME: h1219.IBS                                                                                                   PAGE: 3
DATE: 1/30/2024
           Consumers in Florida have the option to purchase dental insurance plans on the individual market or
           through group plans offered by employers or other organizations. 22 The availability and cost of dental
           insurance coverage can vary depending on factors such as age, location, and the extent of coverage
           desired.23 In addition to traditional dental insurance plans, some Florida residents may also have
           access to dental discount plans or health savings accounts (HSAs) that can help offset the cost of
           dental care.24

           Dentists

           A dentist is licensed to examine, diagnose, treat, and care for conditions within the human oral cavity
           and its adjacent tissues and structures.25 Dentists may delegate certain tasks 26 to dental hygienists and
           dental assistants, but a patient’s “dentist of record” retains primary responsibility for all dental treatment
           on the patient.27

           Any person wishing to practice dentistry in this state must meet specified requirements and apply to the
           Department of Health (DOH) for licensure. Applicants must sit for and pass three examinations prior to
           licensure:28

                 The National Board of Dental Examiners dental examination (NBDE);
                 A practical examination, which is the American Dental Licensing Examination developed by the
                  American Board of Dental Examiners, Inc.;29 and
                 A written examination on Florida laws and rules regulating the practice of dentistry and dental
                  hygiene.

           To qualify to take the Florida dental licensure examination, an applicant must be 18 years of age or
           older, be a graduate of a dental school accredited by the American Dental Association or be a student
           in the final year of a program at an accredited institution, and have successfully completed the NBDE
           dental examination.30

           Dentists must maintain professional liability insurance or provide proof of professional responsibility. If
           the dentist obtains professional liability insurance, the coverage must be at least $100,000 per claim,
           with a minimum annual aggregate of at least $300,000. 31 Alternatively, a dentist may maintain an
           unexpired, irrevocable letter of credit in the amount of $100,000 per claim, with a minimum aggregate
           availability of credit of at least $300,000.32 The professional liability insurance must provide coverage
           for the actions of any dental hygienist supervised by the dentist. 33 However, a dentist may be exempt
           from maintaining professional liability insurance if he or she: 34

                 Practices exclusively for the federal government or the State of Florida or its agencies or
                  subdivisions;
                 Is not practicing in this state;
                 Practices only in conjunction with his or her teaching duties at an accredited school of dentistry
                  or in its main teaching hospitals; or
                 Demonstrates to the Board that he or she has no malpractice exposure in this state.


22 Health Care, Dental Coverage in the Marketplace, https://www.healthcare.gov/coverage/dental-coverage/ (last visited Jan. 26, 2024).
23
     Id.
24 MyBenefits, Health Savings Account, https://www.mybenefits.myflorida.com/health/savings_and_spending_accounts (last visited Jan.

26, 2024).
25 S. 466.003(2)-(3), F.S.
26 S. 466.024, F.S.
27 S. 466.018, F.S.
28 S. 466.006, F.S.
29 Rule 64B5-2.013, F.A.C.
30 S. 466.006(2), F.S.
31 Rule 64B5-17.011(1), F.A.C.
32 Rule 64B5-17.011(2), F.A.C.
33 Rule 64B5-17.011(4), F.A.C.
34 Rule 64B5-17.011(3), F.A.C.

STORAGE NAME: h1219.IBS                                                                                                       PAGE: 4
DATE: 1/30/2024
         There are currently 17,193 dentists with active licenses to practice in Florida. 35 There are 41 out-of-
         state registered telehealth dentists.36

         Effect of the bill
         The bill, which applies to health insurers, Prepaid Limited Health Service Organizations, and Health
         Maintenance Organizations (HMOs), regulates payment methods, claims denials, and provider
         contracts related to dental insurance reimbursement in Florida.

         Regulation of Payment Methods and Notification Requirements

         The bill prohibits these entities from mandating credit card payment as the sole method of reimbursing
         dentists for services provided to insured individuals. Additionally, it establishes a requirement for
         insurers to provide written notice to dentists at least ten days prior to making payments through
         electronic funds transfer, outlining any associated fees and presenting alternative payment methods
         with clear instructions for selection. The bill imposes limitations on the fees that insurers can charge
         dentists for transmitting payments through Automated Clearing House transfers, while permitting
         reasonable fees for related value-added services.

         Criteria for Denial of Subsequently Submitted Claims under Prior Authorization

         The bill prohibits denials on any claim subsequently submitted by a dentist licensed under ch. 466 for
         procedures specifically included in a prior authorization, unless certain circumstances apply for each
         denied procedure. These circumstances include:
             benefit limitations being reached subsequent to the issuance of the prior authorization;
             inadequate documentation to support the originally authorized claim;
             changes in the patient's condition or provision of new procedures post-authorization that render
                 the prior authorized procedure medically unnecessary;
             changes in the patient's condition or provision of new procedures that would have required
                 disapproval under the terms and conditions of the patient's plan at the time of prior
                 authorization; or
             denial due to reasons such as responsibility of another payor for payment, prior payment to the
                 dentist for the procedures in question, fraudulent claim submission, or patient ineligibility at the
                 time of service.

         Regulation of Fee Determination and Definition of Covered Services in Provider Contracts

         The bill clarifies the term “covered services” to improve readability and understandability.


         Enforcement and Non-Waiver Provisions

         Additionally, the bill specifies that these provisions cannot be waived or nullified by contract, and any
         contractual clause conflicting with it is considered null and void. Enforcement authority is granted to the
         OIR, and the FSC may adopt rules for implementation.

         The bill provides an effective date of July 1, 2024.

    B. SECTION DIRECTORY:
         Section 1:         Amends s. 627.6131, F.S., relating to payment of claims.
         Section 2:         Amends s. 627.6474, F.S., relating to provider contracts.
         Section 3:         Amends s. 636.032, F.S., relating to acceptable payments.


35 See, Department of Health License Verification web search. Available at https://mqa-

internet.doh.state.fl.us/MQASearchServices/HealthCareProviders (last visited January 26, 2024).
36 Id.

STORAGE NAME: h1219.IBS                                                                                        PAGE: 5
DATE: 1/30/2024
       Section 4:         Amends s. 636.035, F.S., relating to provider agreements
       Section 5:         Amends s. 641.315, F.S., relating to provider contracts.
       Section 6:         Providing an effective date of July 1, 2024.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           The bill may positively affect state government expenditures by potentially reducing administrative
           costs associated with overseeing dental insurance reimbursement and managing disputes related
           to claims denials.

           However, there could also be negative impacts on state government expenditures. For example, if
           the bill increases regulatory oversight or enforcement activities by state agencies such as OIR, it
           could result in additional administrative costs for the government. Moreover, if the provisions lead to
           an increase in appeals or legal challenges related to denied claims, it could necessitate additional
           resources for adjudication processes, potentially adding to state expenditures.

           Furthermore, an increase in premium costs for state agencies providing primary dental coverage,
           resulting from reimbursement requirements stipulated in the bill, could adversely affect state
           government expenditures.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           The bill could negatively impact local government expenditures due to potential increases in
           premium costs for state agencies providing primary dental coverage, resulting from the
           reimbursement requirements outlined in the bill.


   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may have an indeterminate economic impact on the private sector. While the bill establishes
       specific criteria for claims denial and service coverage, which could improve clarity for providers,
       compliance may result in costs. These costs include investments in systems and staff training by
       insurers, PLHSOs, and HMOs to ensure compliance.

   D. FISCAL COMMENTS:
       None.

                                                  III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to affect county or municipal governments.

STORAGE NAME: h1219.IBS                                                                                    PAGE: 6
DATE: 1/30/2024
       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1219.IBS                                                 PAGE: 7
DATE: 1/30/2024
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           HB 1219                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to dental insurance claims; amending
    3                s. 627.6131, F.S.; prohibiting a contract between a
    4                health insurer and a dentist from containing certain
    5                restrictions on payment methods; requiring a health
    6                insurer to make certain notifications before paying a
    7                claim to a dentist through electronic funds transfer;
    8                prohibiting a health insurer from charging a fee to
    9                transmit a payment to a dentist through ACH transfer
10                   unless the dentist has consented to such fee;
11                   authorizing a health insurer to charge reasonable fees
12                   for other value-added services related to the ACH
13                   transfer; providing construction; authorizing the
14                   Office of Insurance Regulation of the Financial
15                   Services Commission to enforce certain provisions;
16                   authorizing the commission to adopt rules; prohibiting
17                   a health insurer from denying claims for procedures
18                   included in a prior authorization; providing
19                   exceptions; providing construction; authorizing the
20                   office to enforce certain provisions; authorizing the
21                   commission to adopt rules; amending s. 627.6474, F.S.;
22                   revising the definition of the term "covered
23                   services"; amending s. 636.032, F.S.; prohibiting a
24                   contract between a prepaid limited health service
25                   organization and a dentist from containing certain

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        HB 1219                                                                                               2024




26                restrictions on payment methods; requiring the prepaid
27                limited health service organization to make certain
28                notifications before paying a claim to a dentist
29                through electronic funds transfer; prohibiting a
30                prepaid limited health service organization from
31                charging a fee to transmit a payment to a dentist
32                through ACH transfer unless the dentist has consented
33                to such fee; authorizing the prepaid limited health
34                service organization to charge reasonable fees for
35                other value-added services related to the ACH
36                transfer; providing construction; authorizing the
37                office to enforce certain provisions; authorizing the
38                commission to adopt rules; amending s. 636.035, F.S.;
39                revising the definition of the term "covered
40                services"; prohibiting a prepaid limited health
41                service organization from denying claims for
42                procedures included in a prior authorization;
43                providing exceptions; providing construction;
44                authorizing the office to enforce certain provisions;
45                authorizing the commission to adopt rules; amending s.
46                641.315, F.S.; revising the definition of the term
47                "covered service"; prohibiting a contract between a
48                health maintenance organization and a dentist from
49                containing certain restrictions on payment methods;
50                requiring the health maintenance organization to make

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        HB 1219                                                                                               2024




51                certain notifications before paying a claim to a
52                dentist through electronic funds transfer; prohibiting
53                a health maintenance organization from charging a fee
54                to transmit a payment to a dentist through ACH
55                transfer unless the dentist has consented to such fee;
56                authorizing the health maintenance organization to
57                charge reasonable fees for other value-added services
58                related to the ACH transfer; providing construction;
59                authorizing the office to enforce certain provisions;
60                authorizing the commission to adopt rules; prohibiting
61                a health maintenance organization from denying claims
62                for procedures included in a prior authorization;
63                providing exceptions; providing construction;
64                authorizing the office to enforce certain provisions;
65                authorizing the commission to adopt rules; providing
66                an effective date.
67
68      Be It Enacted by the Legislature of the State of Florida:
69
70                Section 1.       Subsections (20) and (21) are added to section
71      627.6131, Florida Statutes, to read:
72                627.6131        Payment of claims.—
73                (20)(a)     A contract between a health insurer and a dentist
74      licensed under chapter 466 for the provision of services to an
75      insured may not specify credit card payment as the only

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         HB 1219                                                                                               2024




 76      acceptable method for payments from the health insurer to the
 77      dentist.
 78                (b)       At least 10 days before a health insurer pays a claim
 79      to a dentist through electronic funds transfer, including, but
 80      not limited to, virtual credit card payments, the health insurer
 81      shall notify the dentist in writing of all of the following:
 82                1.    The fees, if any, associated with the electronic funds
 83      transfer.
 84                2.    The available methods of payment of claims by the
 85      health insurer, with clear instructions to the dentist on how to
 86      select an alternative payment method.
 87                (c)       A health insurer that pays a claim to a dentist
 88      through Automated Clearing House (ACH) transfer may not charge a
 89      fee solely to transmit the payment to the dentist unless the
 90      dentist has consented to the fee. A health insurer may charge
 91      reasonable fees for other value-added services related to the
 92      ACH transfer, including, but not limited to, transaction
 93      management, data management, and portal services.
 94                (d)       This subsection may not be waived, voided, or
 95      nullified by contract, and any contractual clause in conflict
 96      with this subsection or which purports to waive any requirements
 97      of this subsection is null and void.
 98                (e)       The office has all rights and powers to enforce this
 99      subsection as provided by s. 624.307.
100                (f)       The commission may adopt rules to implement this

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         HB 1219                                                                                               2024




101      subsection.
102                (21)(a)     A health insurer may not deny any claim
103      subsequently submitted by a dentist licensed under chap ter 466
104      for procedures specifically included in a prior authorization
105      unless at least one of the following circumstances applies for
106      each procedure denied:
107                1.    Benefit limitations, such as annual maximums and
108      frequency limitations not applicable at the time of the prior
109      authorization, are reached subsequent to issuance of the prior
110      authorization.
111                2.    The documentation provided by the person submitting the
112      claim fails to support the claim as originally authorized.
113                3.    Subsequent to the issuance of the prior authorization,
114      new procedures are provided to the patient or a change in the
115      condition of the patient occurs such that the prior authorized
116      procedure would no longer be considered medically necessary,
117      based on the prevailing standard of care.
118                4.    Subsequent to the issuance of the prior authorization,
119      new procedures are provided to the patient or a change in the
120      patient's condition occurs such that the prior authorized
121      procedure would at that time have required disapproval pursuant
122      to the terms and conditions for coverage under the patient's
123      plan in effect at the time the prior authorization was issued.
124                5.    The denial of the claim was due to one of the
125      following:

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         HB 1219                                                                                               2024




126                a.    Another payor is responsible for payment.
127                b.    The dentist has already been paid for the procedures
128      identified in the claim.
129                c.    The claim was submitted fraudulently, or the prior
130      authorization was based in whole or material part on erroneous
131      information provided to the health insurer by the dentist,
132      patient, or other person not related to the insurer.
133                d.    The person receiving the procedure was not eligible to
134      receive the procedure on the date of service and the health
135      insurer did not know, and with the exercise of reasonable care
136      could not have known, of his or her ineligibility.
137                (b)       This subsection may not be waived, voided, or
138      nullified by contract, and any contractual clause in conflict
139      with this subsection or which purports to waive any requirements
140      of this subsection is null and void.
141                (c)       The office has all rights and powers to enforce this
142      subsection as provided by s. 624.307.
143                (d)       The commission may adopt rules to implement this
144      subsection.
145                Section 2.        Subsection (2) of section 627.6474, Florida
146      Statutes, is amended to read:
147                627.6474         Provider contracts.—
148                (2)       A contract between a health insurer and a dentist
149      licensed under chapter 466 for the provision of services to an
150      insured may not contain a provision that requires the dentist to

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         HB 1219                                                                                               2024




151      provide services to the insured under such contract at a fee set
152      by the health insurer unless such services are covered services
153      under the applicable contract. As used in this subsection, the
154      term "covered services" means dental care services for which a
155      reimbursement is available under the insured's contract,
156      notwithstanding or for which a reimbursement would be available
157      but for the application of contractual limitations, such as
158      deductibles, coinsurance, waiting periods, annual or lifetime
159      maximums, frequency limitations, alternative benefit payments,
160      or any other limitation.
161                Section 3.       Section 636.032, Florida Statutes, is amended
162      to read:
163                636.032      Acceptable payments.—
164                (1)       Each prepaid limited health service organization may
165      accept from government agencies, corporations, groups, or
166      individuals payments covering all or part of the cost of
167      contracts entered into between the prepaid limited health
168      service organization and its subscribers.
169                (2)(a)      A contract between a prepaid limited health service
170      organization and a dentist licensed under chapter 466 for the
171      provision of services to a subscriber may not specify credit
172      card payment as the only acceptable method for payments from the
173      prepaid limited health service organization to the dentist.
174                (b)       At least 10 days before a limited health service
175      organization pays a claim to a dentist through electronic funds

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         HB 1219                                                                                               2024




176      transfer, including, but not limited to, virtual credit card
177      payments, the prepaid limited health service organization shall
178      notify the dentist in writing of all of the following:
179                1.    The fees, if any, that are associated with the
180      electronic funds transfer.
181                2.    The available methods of payment of claims by the
182      prepaid limited health service organization, with clear
183      instructions to the dentist on how to select an alternative
184      payment method.
185                (c)       A prepaid limited health service organization that
186      pays a claim to a dentist through Automatic Clearing House (ACH)
187      transfer may not charge a fee solely to transmit the payment to
188      the dentist unless the dentist has consented to the fee. A
189      prepaid limited health service organization may charge
190      reasonable fees for other value-added services related to the
191      ACH transfer, including, but not limited to, transaction
192      management, data management, and portal services.
193                (d)       This subsection may not be waived, voided, or
194      nullified by contract, and any contractual clause in conflict
195      with this subsection or which purports to waive any requirements
196      of this subsection is null and void.
197                (e)       The office has all rights and powers to enforce this
198      subsection as provided by s. 624.307.
199                (f)       The commission may adopt rules to implement this
200      subsection.

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         HB 1219                                                                                               2024




201                Section 4.       Subsection (13) of section 636.035, Florida
202      Statutes, is amended, and subsection (15) is added to that
203      section, to read:
204                636.035       Provider arrangements.—
205                (13)       A contract between a prepaid limited health service
206      organization and a dentist licensed under chapter 466 for the
207      provision of services to a subscriber of the prepaid limited
208      health service organization may not contain a provision that
209      requires the dentist to provide services to the subscriber of
210      the prepaid limited health service organization at a fee set by
211      the prepaid limited health service organization unless such
212      services are covered services under the applicable contract. As
213      used in this subsection, the term "covered services" means
214      dental care services for which a reimbursement is available
215      under the subscriber's contract, notwithstanding or for which a
216      reimbursement would be available but for the application of
217      contractual limitations such as deductibles, coinsurance,
218      waiting periods, annual or lifetime maximums, frequency
219      limitations, alternative benefit payments, or any other
220      limitation.
221                (15)(a)       A prepaid limited health service organization may
222      not deny any claim subsequently submitted by a dentist licensed
223      under chapter 466 for procedures specifically included in a
224      prior authorization unless at least one of the following
225      circumstances applies for each procedure denied:

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         HB 1219                                                                                               2024




226                1.    Benefit limitations, such as annual maximums and
227      frequency limitations not applicable at the time of the prior
228      authorization, are reached subsequent to issuance of the prior
229      authorization.
230                2.    The documentation provided by the person submitting the
231      claim fails to support the claim as originally authorized.
232                3.    Subsequent to the issuance of the prior authorization,
233      new procedures are provided to the patient or a change in the
234      condition of the patient occurs such that the prior authorized
235      procedure would no longer be considered medically necessary,
236      based on the prevailing standard of care.
237                4.    Subsequent to the issuance of the prior authorization,
238      new procedures are provided to the patient or a change in the
239      patient's condition occurs such that the prior authorized
240      procedure would at that time have required disapproval pursuant
241      to the terms and conditions for coverage under the patient's
242      plan in effect at the time the prior authorization was issued.
243                5.    The denial of the dental service claim was due to one
244      of the following:
245                a.    Another payor is responsible for payment.
246                b.    The dentist has already been paid for the procedures
247      identified in the claim.
248                c.    The claim was submitted fraudulently, or the prior
249      authorization was based in whole or material part on erroneous
250      information provided to the prepaid limited health service

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         HB 1219                                                                                               2024




251      organization by the dentist, patient, or other person not
252      related to the organization.
253                d.     The person receiving the procedure was not eligible to
254      receive the procedure on the date of service and the prepaid
255      limited health service organization did not know, and with the
256      exercise of reasonable care could not have known, of his or her
257      ineligibility.
258                (b)        This subsection may not be waived, voided, or
259      nullified by contract, and any contractual clause in conflict
260      with this subsection or which purports to waive any requirements
261      of this subsection is null and void.
262                (c)        The office has all rights and powers to enforce this
263      subsection as provided by s. 624.307.
264                (d)        The commission may adopt rules to implement this
265      subsection.
266                Section 5.        Subsection (11) of section 641.315, Florida
267      Statutes, is amended, and subsections (13) and (14) are added to
268      that section, to read:
269                641.315       Provider contracts.—
270                (11)       A contract between a health maintenance organization
271      and a dentist licensed under chapter 466 for the provision of
272      services to a subscriber of the health maintenance organization
273      may not contain a provision that requires the dentist to provide
274      services to the subscriber of the health maintenance
275      organization at a fee set by the health maintenance organization

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         HB 1219                                                                                               2024




276      unless such services are covered services under the applicable
277      contract. As used in this subsection, the term "covered
278      services" means dental care services for which a reimbursement
279      is available under the subscriber's contract, notwithstanding or
280      for which a reimbursement would be available but for the
281      application of contractual limitations such as deductibles,
282      coinsurance, waiting periods, annual or lifetime maximums,
283      frequency limitations, alternative benefit payments, or any
284      other limitation.
285                (13)(a)      A contract between a health maintenance
286      organization and a dentist licensed under chapter 466 for the
287      provision of services to a subscriber of the health maintenance
288      organization may not specify credit card payment as the only
289      acceptable method for payments from the health maintenance
290      organization to the dentist.
291                (b)       At least 10 days before a health maintenance
292      organization pays a claim to a dentist through electronic funds
293      transfer, including, but not limited to, virtual credit card
294      payments, the health maintenance organization shall n otify the
295      dentist in writing of all of the following:
296                1.    The fees, if any, that are associated with the
297      electronic funds transfer.
298                2.    The available methods of payment of claims by the
299      health maintenance organization, with clear instructions to the
300      dentist on how to select an alternative payment method.

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         HB 1219                                                                                               2024




301                (c)       A health maintenance organization that pays a claim to
302      a dentist through Automated Clearing House (ACH) transfer may
303      not charge a fee solely to transmit the payment to the dentist
304      unless the dentist has consented to the fee. A health
305      maintenance organization may charge reasonable fees for other
306      value-added services related to the ACH transfer, including, but
307      not limited to, transaction management, data management, and
308      portal services.
309                (d)       This subsection may not be waived, voided, or
310      nullified by contract, and any contractual clause in conflict
311      with this subsection or which purports to waive any requirements
312      of this subsection is null and void.
313                (e)       The office has all rights and powers to enforce this
314      subsection as provided by s. 624.307.
315                (f)       The commission may adopt rules to implement this
316      subsection.
317                (14)(a)      A health maintenance organization may not deny any
318      claim subsequently submitted by a dentist licensed under chapter
319      466 for procedures specifically included in a prior
320      authorization unless at least one of the following circumstances
321      applies for each procedure denied:
322                1.    Benefit limitations, such as annual maximums and
323      frequency limitations not applicable at the time of the prior
324      authorization, are reached subsequent to issuance of the prior
325      authorization.

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         HB 1219                                                                                               2024




326                2.    The documentation provided by the person submitting the
327      claim fails to support the claim as originally authorized.
328                3.    Subsequent to the issuance of the prior authorization,
329      new procedures are provided to the patient or a change in the
330      condition of the patient occurs such that the prior authorized
331      procedure would no longer be considered medically necessary,
332      based on the prevailing standard of care.
333                4.    Subsequent to the issuance of the prior authorization,
334      new procedures are provided to the patient or a change in the
335      patient's condition occurs such that the prior authorized
336      procedure would at that time have required disapproval pursuant
337      to the terms and conditions for coverage under the patient's
338      plan in effect at the time the prior authorization was issued.
339                5.    The denial of the claim was due to one of the
340      following:
341                a.    Another payor is responsible for payment.
342                b.    The dentist has already been paid for the procedures
343      identified in the claim.
344                c.    The claim was submitted fraudulently, or the prior
345      authorization was based in whole or material part on erroneous
346      information provided to the health maintenance organization by
347      the dentist, patient, or other person not related to the
348      organization.
349                d.    The person receiving the procedure was not eligible to
350      receive the procedure on the date of service and the health

                                                      Page 14 of 15

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                                                                                                              hb1219-00
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




         HB 1219                                                                                               2024




351      maintenance organization did not know, and with the exercise of
352      reasonable care could not have known, of his or her
353      ineligibility.
354                (b)       The subsection may not be waived, voided, or nullified
355      by contract, and any contractual clause in conflict with this
356      subsection or which purports to waive any requirements of this
357      subsection is null and void.
358                (c)       The office has all rights and powers to enforce this
359      subsection as provided by s. 624.307.
360                (d)       The commission may adopt rules to implement this
361      subsection.
362                Section 6.       This act shall take effect July 1, 2024.




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                                                                                                              hb1219-00
                     INSURANCE & BANKING SUBCOMMITTEE

                               HB 1219 by Rep. Black
                              Dental Insurance Claims

                              AMENDMENT SUMMARY
                                 February 1, 2024

Amendment 1 by Rep. Black (Line 90): The amendment removes a proposed authorization
for health insurers to charge a fee for value-added services related to ACH transfers.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1219    (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Insurance & Banking
 2     Subcommittee
 3     Representative Black offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 90-308 and insert:
 7     dentist has consented to the fee.
 8          (d)    This subsection may not be waived, voided, or
 9     nullified by contract, and any contractual clause in conflict
10     with this subsection or which purports to waive any requirements
11     of this subsection is null and void.
12          (e)    The office has all rights and powers to enforce this
13     subsection as provided by s. 624.307.
14          (f)    The commission may adopt rules to implement this
15     subsection.


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1219   (2024)
       Amendment No. 1


16          (21)(a)     A health insurer may not deny any claim
17     subsequently submitted by a dentist licensed under chapter 466
18     for procedures specifically included in a prior authorization
19     unless at least one of the following circumstances applies for
20     each procedure denied:
21          1.   Benefit limitations, such as annual maximums and
22     frequency limitations not applicable at the time of the prior
23     authorization, are reached subsequent to issuance of the prior
24     authorization.
25          2.   The documentation provided by the person submitting the
26     claim fails to support the claim as originally authorized.
27          3.   Subsequent to the issuance of the prior authorization,
28     new procedures are provided to the patient or a change in the
29     condition of the patient occurs such that the prior authorized
30     procedure would no longer be considered medically necessary,
31     based on the prevailing standard of care.
32          4.   Subsequent to the issuance of the prior authorization,
33     new procedures are provided to the patient or a change in the
34     patient's condition occurs such that the prior authorized
35     procedure would at that time have required disapproval pursua nt
36     to the terms and conditions for coverage under the patient's
37     plan in effect at the time the prior authorization was issued.
38          5.   The denial of the claim was due to one of the
39     following:
40          a.   Another payor is responsible for payment.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1219    (2024)
       Amendment No. 1


41          b.    The dentist has already been paid for the procedures
42     identified in the claim.
43          c.    The claim was submitted fraudulently, or the prior
44     authorization was based in whole or material part on erroneous
45     information provided to the health insurer by the dentist,
46     patient, or other person not related to the insurer.
47          d.    The person receiving the procedure was not eligible to
48     receive the procedure on the date of service and the health
49     insurer did not know, and with the exercise of reasonable care
50     could not have known, of his or her ineligibility.
51          (b)    This subsection may not be waived, voided, or
52     nullified by contract, and any contractual clause in conflict
53     with this subsection or which purports to waive any requirements
54     of this subsection is null and void.
55          (c)    The office has all rights and powers to enforce this
56     subsection as provided by s. 624.307.
57          (d)    The commission may adopt rules to implement this
58     subsection.
59          Section 2.    Subsection (2) of section 627.6474, Florida
60     Statutes, is amended to read:
61          627.6474     Provider contracts.—
62          (2)    A contract between a health insurer and a dentist
63     licensed under chapter 466 for the provision of services to an
64     insured may not contain a provision that requires the dentist to
65     provide services to the insured under such contract at a fee set
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1219   (2024)
       Amendment No. 1


66     by the health insurer unless such services are covered services
67     under the applicable contract. As used in this subsection, the
68     term "covered services" means dental care services for which a
69     reimbursement is available under the insured's contract,
70     notwithstanding or for which a reimbursement would be available
71     but for the application of contractual limitations, such as
72     deductibles, coinsurance, waiting periods, annual or lifetime
73     maximums, frequency limitations, alternative benefit payments,
74     or any other limitation.
75          Section 3.    Section 636.032, Florida Statutes, is amended
76     to read:
77          636.032    Acceptable payments.—
78          (1)   Each prepaid limited health service organization may
79     accept from government agencies, corporations, groups, or
80     individuals payments covering all or part of the cost of
81     contracts entered into between the prepaid limited health
82     service organization and its subscribers.
83          (2)(a)    A contract between a prepaid limited health service
84     organization and a dentist licensed under chapter 466 for the
85     provision of services to a subscriber may not specify credit
86     card payment as the only acceptable method for payments from the
87     prepaid limited health service organization to the dentist.
88          (b)   At least 10 days before a limited health service
89     organization pays a claim to a dentist through electronic funds
90     transfer, including, but not limited to, virtual credit card
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1219   (2024)
        Amendment No. 1


 91     payments, the prepaid limited health service organization shall
 92     notify the dentist in writing of all of the following:
 93          1.    The fees, if any, that are associated with the
 94     electronic funds transfer.
 95          2.    The available methods of payment of claims by the
 96     prepaid limited health service organization, with clear
 97     instructions to the dentist on how to select an alternative
 98     payment method.
 99          (c)    A prepaid limited health service organization that
100     pays a claim to a dentist through Automatic Clearing House (ACH)
101     transfer may not charge a fee solely to transmit the payment to
102     the dentist unless the dentist has consented to the fee.
103          (d)    This subsection may not be waived, voided, or
104     nullified by contract, and any contractual clause in conflict
105     with this subsection or which purports to waive any requirements
106     of this subsection is null and void.
107          (e)    The office has all rights and powers to enforce this
108     subsection as provided by s. 624.307.
109          (f)    The commission may adopt rules to implement this
110     subsection.
111          Section 4.     Subsection (13) of section 636.035, Florida
112     Statutes, is amended, and subsection (15) is added to that
113     section, to read:
114          636.035   Provider arrangements.—


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1219   (2024)
        Amendment No. 1


115          (13)    A contract between a prepaid limited health service
116     organization and a dentist licensed under chapter 466 for the
117     provision of services to a subscriber of the prepaid limited
118     health service organization may not contain a provision that
119     requires the dentist to provide services to the subscriber of
120     the prepaid limited health service organization at a fee set by
121     the prepaid limited health service organization unless such
122     services are covered services under the applicable contract. As
123     used in this subsection, the term "covered services" means
124     dental care services for which a reimbursement is available
125     under the subscriber's contract, notwithstanding or for which a
126     reimbursement would be available but for the application of
127     contractual limitations such as deductibles, coinsurance,
128     waiting periods, annual or lifetime maximums, frequency
129     limitations, alternative benefit payments, or any other
130     limitation.
131          (15)(a)     A prepaid limited health service organization may
132     not deny any claim subsequently submitted by a dentist licensed
133     under chapter 466 for procedures specifically included in a
134     prior authorization unless at least one of the following
135     circumstances applies for each procedure denied:
136          1.     Benefit limitations, such as annual maximums and
137     frequency limitations not applicable at the time of the prior
138     authorization, are reached subsequent to issuance of the prior
139     authorization.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1219    (2024)
        Amendment No. 1


140          2.   The documentation provided by the person submitting the
141     claim fails to support the claim as originally authorized.
142          3.   Subsequent to the issuance of the prior authorization,
143     new procedures are provided to the patient or a change in the
144     condition of the patient occurs such that the prior authorized
145     procedure would no longer be considered medically necessary,
146     based on the prevailing standard of care.
147          4.   Subsequent to the issuance of the prior authorization,
148     new procedures are provided to the patient or a change in the
149     patient's condition occurs such that the prior authorized
150     procedure would at that time have required disapproval pursuant
151     to the terms and conditions for coverage under the patient's
152     plan in effect at the time the prior authorization was issued.
153          5.   The denial of the dental service claim was due to one
154     of the following:
155          a.   Another payor is responsible for payment.
156          b.   The dentist has already been paid for the procedures
157     identified in the claim.
158          c.   The claim was submitted fraudulently, or the prior
159     authorization was based in whole or material part on erroneous
160     information provided to the prepaid limited health service
161     organization by the dentist, patient, or other person not
162     related to the organization.
163          d.   The person receiving the procedure was not eligible to
164     receive the procedure on the date of service and the prepaid
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1219   (2024)
        Amendment No. 1


165     limited health service organization did not know, and with the
166     exercise of reasonable care could not have known, of his or her
167     ineligibility.
168          (b)    This subsection may not be waived, voided, or
169     nullified by contract, and any contractual clause in conflict
170     with this subsection or which purports to waive any requirements
171     of this subsection is null and void.
172          (c)    The office has all rights and powers to enforce this
173     subsection as provided by s. 624.307.
174          (d)    The commission may adopt rules to implement this
175     subsection.
176          Section 5.     Subsection (11) of section 641.315, Florida
177     Statutes, is amended, and subsections (13) and (14) are added to
178     that section, to read:
179          641.315     Provider contracts.—
180          (11)   A contract between a health maintenance organization
181     and a dentist licensed under chapter 466 for the provision of
182     services to a subscriber of the health maintenance organization
183     may not contain a provision that requires the dentist to provide
184     services to the subscriber of the health maintenance
185     organization at a fee set by the health maintenance organiza tion
186     unless such services are covered services under the applicable
187     contract. As used in this subsection, the term "covered
188     services" means dental care services for which a reimbursement
189     is available under the subscriber's contract, notwithstanding or
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1219   (2024)
        Amendment No. 1


190     for which a reimbursement would be available but for the
191     application of contractual limitations such as deductibles,
192     coinsurance, waiting periods, annual or lifetime maximums,
193     frequency limitations, alternative benefit payments, or any
194     other limitation.
195          (13)(a)    A contract between a health maintenance
196     organization and a dentist licensed under chapter 466 for the
197     provision of services to a subscriber of the health maintenance
198     organization may not specify credit card payment as the only
199     acceptable method for payments from the health maintenance
200     organization to the dentist.
201          (b)    At least 10 days before a health maintenance
202     organization pays a claim to a dentist through electronic funds
203     transfer, including, but not limited to, virtual credit card
204     payments, the health maintenance organization shall notify the
205     dentist in writing of all of the following:
206          1.    The fees, if any, that are associated with the
207     electronic funds transfer.
208          2.    The available methods of payment of claims by the
209     health maintenance organization, with clear instructions to the
210     dentist on how to select an alternative payment method.
211          (c)    A health maintenance organization that pays a claim to
212     a dentist through Automated Clearing House (ACH) transfer may
213     not charge a fee solely to transmit the payment to the dentist
214     unless the dentist has consented to the fee.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1219   (2024)
        Amendment No. 1


215
216           -----------------------------------------------------
217                       T I T L E   A M E N D M E N T
218          Remove lines 11-58 and insert:
219     providing construction; authorizing the Office of Insur ance
220     Regulation of the Financial Services Commission to enforce
221     certain provisions; authorizing the commission to adopt rules;
222     prohibiting a health insurer from denying claims for procedures
223     included in a prior authorization; providing exceptions;
224     providing construction; authorizing the office to enforce
225     certain provisions; authorizing the commission to adopt rules;
226     amending s. 627.6474, F.S.; revising the definition of the term
227     "covered services"; amending s. 636.032, F.S.; prohibiting a
228     contract between a prepaid limited health service organization
229     and a dentist from containing certain restrictions on payment
230     methods; requiring the prepaid limited health service
231     organization to make certain notifications before paying a claim
232     to a dentist through electronic funds transfer; prohibiting a
233     prepaid limited health service organization from charging a fee
234     to transmit a payment to a dentist through ACH transfer unless
235     the dentist has consented to such fee; providing construction;
236     authorizing the office to enforce certain provisions;
237     authorizing the commission to adopt rules; amending s. 636.035,
238     F.S.; revising the definition of the term "covered services";
239     prohibiting a prepaid limited health service organization from
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1219   (2024)
        Amendment No. 1


240     denying claims for procedures included in a prior authorization;
241     providing exceptions; providing construction; authorizing the
242     office to enforce certain provisions; authorizing the commission
243     to adopt rules; amending s. 641.315, F.S.; revising the
244     definition of the term "covered service"; prohibiting a contract
245     between a health maintenance organization and a dentist from
246     containing certain restrictions on payment methods; requiring
247     the health maintenance organization to make certain
248     notifications before paying a claim to a dentist through
249     electronic funds transfer; prohibiting a health maintenance
250     organization from charging a fee to transmit a payment to a
251     dentist through ACH transfer unless the dentist has consented to
252     such fee; providing construction;




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HB 1263
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1263 My Safe Florida Home Program
SPONSOR(S): LaMarca
TIED BILLS:       IDEN./SIM. BILLS: SB 7028

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fortenberry        Lloyd

  2) State Administration & Technology
     Appropriations Subcommittee

  3) Commerce Committee


                                                     SUMMARY ANALYSIS
The My Safe Florida Home (MSFH) Program was created in 2006 within the Department of Financial Services (DFS)
to perform mitigation inspections of site-built, single-family, residential properties (inspections), and mitigation grants
(grants) to eligible applicants to make their homes less vulnerable to hurricane damage. The MSFH Program received
$250 million in appropriations for the Fiscal Year 2006-2007, but was not funded again until 2022. Since then, the
Legislature has provided approximately $433 million in subsequent additional funding to the MSFH Program.

Mitigation inspections are limited to homesteaded properties. Funds may be used to inspect townhouses to
determine if opening protection mitigation would help decrease the risk of hurricane damage and grant funds may
be used to pay for such opening protection mitigation if warranted . The value of the mitigation grant-eligible
homes is currently $700,000. While initially limited to homes within the wind-borne debris region, the MSFH
Program is currently a statewide program.

The bill makes additional changes to the MSFH Program. It allows homeowners to submit subsequent mitigation
inspection and grant applications for the same home if certain criteria are met. Pursuant to the bill, DFS may request
that an applicant provide additional information if the application contains errors or omissions. An application is
considered withdrawn if an applicant does not respond to a request for additional information within 60 days.

In order to receive grant funds, homeowners must agree to provide DFS with information from their homeowners’
insurers that identifies discounts in premiums have received as a result of improvements made with grant funds.

The bill eliminates the requirement that DFS maintain a list of participating contractors for the grant portion of the
MSFH Program. Participants in the program may choose any properly licensed contractor to perform the
improvements.

The bill specifies that grant-funded opening protection improvements includes exterior doors, garage doors,
windows, and skylights. Current law allows DFS to require that improvements be made to all openings, including
exterior doors, and garage doors as a condition of reimbursing a homeowner approved for a grant. The bill adds
windows and skylights to the list of openings that must be improved in their entirety for a homeowner to be
reimbursed.

The bill requires that, for the first 60 days DFS accepts inspection and grant applications following any
legislative appropriation, DFS must prioritize the review and approval of applications by low- and moderate-
income persons and those applicants who are at least 60 years old.

The bill has no impact on local government revenues or expenditures or state government revenues. It has a
significant impact on state expenditures. The bill may have a positive direct economic impact on the private sector.

The bill is effective on July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1263.IBS
DATE: 1/30/2024
                                                  FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          In 2006, the Legislature created the My Safe Florida Home (MSFH) Program within the Department of
          Financial Services (DFS) with the intent that the Program provide trained and certified inspectors to
          perform inspections for owners of site-built, single-family, residential properties (mitigation inspections)
          and grants to eligible applicants, subject to funding availability. 1 The purpose of the MSFH Program
          was to “develop and implement a comprehensive and coordinated approach for hurricane damage
          mitigation.”2 The MSFH program allowed DFS to undertake a public outreach and advertising campaign
          to inform consumers of the availability, and benefits, of the mitigation inspections and grants. 3 It
          required the development of brochures for distribution to general contractors, roofing contractors, and
          real estate brokers and sales associates to explain the benefits of residential hurricane damage
          mitigation to homeowners.4

          Hurricane Mitigation Inspections

          The purpose of the mitigation inspections was to determine:
              What mitigation measures were needed;
              What insurance premium discounts might have been available; and
              What improvements to existing residential properties were needed to reduce the properties’
                 susceptibility to hurricane damage.5

          The mitigation inspections had to include, at a minimum:
              A report that summarized the results and identified recommended improvements the
                 homeowner could take to mitigate hurricane damage;
              A range of cost estimates regarding the recommended mitigation improvements; and
              Insurer-specific information regarding premium discounts correlated to current and
                 recommended hurricane mitigation improvements.6

          DFS was required to maintain a list of hurricane mitigation inspectors who were authorized to conduct
          the mitigation inspections for the MSFH Program.7 DFS entered contracts with wind certification entities
          to provide mitigation inspections. In order to be eligible for the contracts, the entities had to use
          hurricane mitigation inspectors who, at a minimum:
               Were certified building inspectors;
               Were licensed as general or residential contractors;
               Were licensed and professional engineers and had passed the appropriate equivalency test of
                  the building code training program;
               Were licensed professional architects; or
               Had at least two years of experience in residential construction or residential building inspection
                  and had received specialized training in hurricane mitigation procedures. 8




1 S. 215.5586, F.S.
2 Id.
3 S. 215.5586(3), F.S.
4 S. 215.5586(7), F.S.
5 S. 215.5586(1)(a), F.S.
6 Id.
7 S. 215.55186(6), F.S.
8 S. 215.5586(1)(b), F.S.

STORAGE NAME: h1263.IBS                                                                                        PAGE: 2
DATE: 1/30/2024
           Mitigation Grants

           The purpose of the mitigation grants component of the MSFH Program was to retrofit single-family
           homes to make them less vulnerable to hurricane damage. 9 To be eligible for a grant, the following
           criteria must have been met:
                 The homeowner must have had a homestead exemption on the home to be retrofitted;
                 The home must have had an insured value of $300,000 or less, unless the homeowner was
                    classified as a low-income person;
                 The home must have undergone an acceptable hurricane mitigation inspection after May 1,
                    2007;
                 The home must have been located in the “wind-borne debris region” as defined in the
                    International Building Code; and
                 The building permit application for initial construction of the home must have been made before
                    March 1, 2002.10

           In addition, the homeowner had to match the grant award on a dollar-for-dollar basis up to $10,000, for
           the actual cost of the mitigation project, and the state’s contribution could not exceed $5,000. 11 Low-
           income homeowners were eligible for grants of up to $5,000, and were not required to provide a
           matching amount to receive a grant.12 Matching fund grants were also available to local governments
           and nonprofit entities for projects to reduce hurricane damages to single-family homes.13

           Grants could be used on previously-inspected existing structures or on rebuilds.14 If recommended by a
           hurricane mitigation inspection, grants could be used for the following improvements:
                Opening protection.
                Upgrading exterior doors, including garage doors.
                Bracing gable ends.
                Reinforcing roof-to-wall connections.
                Improving the strength of roof-deck attachments.
                Upgrading roof coverings from code to code plus.
                Installing secondary water barrier for roofs.15

           DFS was required to issue an annual report on the activities of the MSFH Program that accounted for
           the use of any appropriated state funds, the number of inspections requested and performed, the
           number of grant applications received, and the number and value of grants approved. 16

           The MSFH Program was appropriated $250 million in Fiscal Year 2006-07.17 As of May 2009,
           approximately $93 million in MSFH grants were allocated to 32,000 homes, and approximately 400,000
           homes received a MSFH home inspection.18 DFS requested that Risk Management Solutions (RMS),
           conduct an impact analysis of the MSFH program, and RMS released a report of the impact analysis on
           May 14, 2009 (report).19 In the report, RMS concluded that the MSFH grants were beneficial to the
           State of Florida, individual homeowners, and the insurance industry. 20 RMS indicated that the predicted
           reduction in loss as a result of the grant projects completed far exceeded the grant money spent. 21


9 S. 215.5586(2), F.S.
10 Id.
11
     Id.
12 Id.
13 Id.
14 Rebuilds were defined as site-built, single-family dwellings under construction to replace homes that were destroyed or significantly

damaged by hurricanes and deemed unlivable by a regulatory authority. S. 215.5586(2)(e), F.S.
15 S. 215.5586(2)(e), F.S.
16 S. 215.5586(10), F.S.
17 Risk Management Solutions, Analyzing the Effects of the My Safe Florida Home Program on Florida Insurance Risk , May 14, 2009,

https://www.ipcc.ch/apps/njlite/srex/njlite_download.php?id=5036 (last visited Jan. 26, 2024).
18 Id.
19 Id.
20 Id.
21 Id.

STORAGE NAME: h1263.IBS                                                                                                           PAGE: 3
DATE: 1/30/2024
         While the MSFH Program was never repealed from law, additional funding was not provided until May
         2022.

         2022 Renewal of the MSFH Program

         During the 2022D Special Session, the Legislature passed a property insurance bill (SB 2-D), in which
         it renewed the funding for the MSFH Program by appropriating $150 million in nonrecurring funds from
         General Revenue (GR) to DFS for the Program for the 2022-2023 fiscal year. The funds appropriated
         were allocated as follows:
               $115 million for mitigation grants.
               $25 million for hurricane mitigation inspections.
               $4 million for education and consumer awareness.
               $1 million for public outreach for contractors and estate brokers and sales associates.
               $5 million for administrative costs.

         SB 2-D reappropriated any unexpended balance of funds from the appropriation remaining on June 30,
         2023, to DFS for the 2023-2024 fiscal year to be used for the MSFH Program. The appropriation will
         expire on October 1, 2024. SB 2-D gave DFS the authority to adopt emergency rules to implement the
         MSFH Program.

         SB 2-D made additional modifications to the MSFH Program. It required that an application for a
         mitigation grant include a provision that requires an applicant to make his or her home available for
         inspection once a mitigation project is completed. The bill changed the monetary limits for eligibility for
         mitigation grants so that homes with an insured value of $500,000, or less, qualify for the program.

         SB 2-D required that homes that receive mitigation grants have undergone home mitigation inspections
         after July 1, 2008, and have received permits for initial construction before January 1, 2008. The
         homeowner must also match grant funds on the basis of $1 from the homeowner for every $2 provided
         by the state up to a maximum state contribution of $10,000 towards the actual cost of the mitigation
         project undertaken on the eligible home.

         The bill enhanced the reporting requirements for DFS under the MSFH Program by requiring that the
         report include the following received by homeowners from insurers as a result of the mitigation funded
         by the program:
              The average annual amount of insurance premium discounts; and
              The total annual amount of insurance premium discounts.

         2022 MSFH Program Implementation

         Following the passage of SB 2-D, DFS procured a vendor to administer the MSFH Program, qualified
         inspectors to conduct mitigation inspections, and qualified contractors who agreed to provide mitigation
         repairs and retrofitting under the grant portion of the Program.22 DFS compiled a list of approved
         vendors that homeowners participating in the MSFH Program may choose for inspections and
         mitigation work.23

         On November 18, 2022, a web-based application for homeowners to request mitigation inspections and
         grant funds went live.24 Between May 26, 2022 and February 28, 2023, 16,724 mitigation inspections
         were completed and 2,979 grant applications were approved. 25

         Inspectors completing mitigation inspections under the MSFH Program must complete the Uniform
         Mitigation Verification Inspection Form (Inspection Form), as revised by the Office of Insurance



22 Florida Department of Financial Services, Agency Analysis of 2023 House Bill 881, p. 1 (Mar. 1, 2023).
23 Id.
24 Id.
25 Id.

STORAGE NAME: h1263.IBS                                                                                       PAGE: 4
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         Regulation on January 12, 2023.26 The mitigation inspection report provided to the homeowner includes
         the completed Inspection Form, as well as the information already required by statute, 27 including:
              A summary of the results of the mitigation inspection identifying recommended improvements a
                homeowner may undertake;
              A range of cost estimates regarding the recommended improvements; and
              Estimated property insurance premium discounts based on the mitigation measures the
                homeowner has completed.28

         2023 Developments to the MSFH Program

         Following the significant interest in the program in 2022 and early 2023, the Legislature made
         additional changes to the statutory framework for the MSFH Program during the 2023 Regular Session.
         These changes included changes to the inspection and grant eligibility requirements, and program
         management changes.

         Single-family home eligibility for mitigation inspections was limited only to homesteaded properties. 29
         Funds from the MSFH Program may now be used to inspect townhouses to determine if opening
         protection mitigation would help decrease the risk of hurricane damage.30 If an inspection determines
         that opening protection mitigation would decrease such risk, grant funds from the MSFH Program may
         be used to pay for the mitigation.31 The value of the mitigation grant-eligible homes was also increased
         from $500,000 to $700,000.32

         The designation of a specific portion of the grant funds for low-income recipients was removed, but
         increases the overall grant award for low-income recipients from $5,000 to $10,000.33 The program’s
         geographic eligibility area was broadened to include otherwise in eligible homes outside the wind-borne
         debris region, in effect making it a statewide program.

         Among the project management changes implemented, home inspectors must be licensed, in addition
         to certified.34 This requirement conforms with other statutory chapters that address home inspectors.

         Funding for the MSFH Program

         As of December 2023, the Legislature has appropriated a total of $433 million for the MSFH Program
         since May 2022.35 In addition to the $150 million appropriated during the 2022D Special Session, this
         includes $100 million in grant funding appropriated during the 2023 Regular Session and an additional
         $176 million in grant funding appropriated during the 2023C Special Session. 36




26 Id.
27 S. 215.5586(1)(a), F.S.
28 Department of Financial Services, supra note 22, at 2.
29 The homestead requirement was already in place for the grant portion of the MSFH Program under s. 215.5586(2), F.S., prior to the

2023 Regular Session.
30 S. 215.5586(1)(a), F.S.
31 S. 215.5586(2)(f), F.S.
32 S. 215.5586(2)(e)2., F.S.
33 S. 215.5586(2)(h), F.S.
34 S. 215.5586, F.S.
35 Department of Financial Services, 2023 Annual Report of My Safe Florida Home, p. 1.
36 Id. at p. 6. The mitigation grant funding is by far the largest component of the MSFH Program.

STORAGE NAME: h1263.IBS                                                                                                      PAGE: 5
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         Results of the MSFH Program

         Between November 2022, and December 2023, the MSFH Program has provided more than 94,000
         homeowners with hurricane mitigation inspections and approved more than 23,000 grant applications.37
         Over 73 percent of those homeowners who have completed participation in the grant component of the
         MSFH Program have seen their homeowners insurance premiums drop or stabilize, and many are
         paying premiums at or below the state average.38 According to DFS, upon applying to the MSFH
         Program, the average premium of the applicants was 55.1 percent higher than the average Florida
         homeowner’s premium.39 Based upon the decrease in premium following participation, DFS has
         concluded that the MSFH Program participation is comprised of higher-than-average risk homeowners,
         which is consistent with the goal of helping those with homes at greatest risk. 40

         Effect of the Bill

         The bill makes additional changes to improve the operation and effectiveness of the MSFH Program. It
         allows homeowners to submit subsequent mitigation inspection and grant applications for the same
         home if the following criteria are met:
              The original application was denied or withdrawn due to errors or omissions in the application;
              The original application was denied or withdrawn because the home did not meet the eligibility
                 criteria at the time of application, and the homeowner reasonably believes the home is now
                 eligible for an inspection or grant; or
              The MSFH Program’s eligibility requirements have changed since the date of the original
                 application, and the homeowner reasonably believes the home is now eligible for an inspection
                 or grant.

         Pursuant to the bill, DFS may request that an applicant provide additional information if the application
         contains errors or omissions. DFS may consider an application withdrawn if it does not receive a
         response to its request for additional information within 60 days of notifying the applicant of errors or
         omissions.

         The bill provides additional criteria for homes to be eligible for mitigation grants. Homeowners must
         agree to provide DFS with information from their homeowners’ insurers that identifies premium
         discounts received as a result of improvements made with grant funds.

         The bill eliminates the requirement that DFS maintain a list of participating contractors for the grant
         portion of the MSFH Program. Instead, participants in the program may choose any properly licensed
         contractor to perform the improvements.

         The bill specifies that opening protection that may be improved with grant funds from the MSFH
         Program includes exterior doors, garage doors, windows, and skylights. Current law allows DFS to
         require that improvements be made to all openings, including exterior doors, and garage doors as a
         condition of reimbursing a homeowner approved for a grant. 41 The bill adds windows and skylights to
         the list of openings that must be improved in their entirety for a homeowner to be reimbursed.

         The bill requires that, for the first 60 days DFS accepts inspection and grant applications following any
         legislative appropriation, DFS must prioritize the review and approval of applications in the following
         order:
              Low-income persons who are at least 60 years old;
              All other low-income persons;
              Moderate-income persons who are at least 60 years old;

37 Id. at p. 1. Because the grant portion of the MSFH Program is fulfilled based on reimbursement to homeowners after proof of

completion of mitigation projects, the money to fulfill these grants has been reserved, but not all of it has been paid to the homeowners
yet.
38 Id.
39 Id. at p. 2.
40 Id.
41 S. 215.5586(2)(f), F.S.

STORAGE NAME: h1263.IBS                                                                                                          PAGE: 6
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                 All other moderate-income persons;42 and
                 All other applicants.

    B. SECTION DIRECTORY:

         Section 1. Amends s. 215.5586, F.S., relating to the My Safe Florida Home Program.

         Section 2. Provides an appropriation for the MSFH Program of $100 million in grants and $7 million in
                    administrative costs.

         Section 3. Provides an effective date of July 1, 2014.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:

             None.

         2. Expenditures:

             The bill contains significant state expenditures. It appropriates the following nonrecurring funds from
             General Revenue to DFS for the MSFH Program:
                 $100 million for mitigation grants; and
                 $7 million for administrative costs related to the mitigation grants.

             It also provides that DFS may not continue to accept grant applications or create a waiting list in
             anticipation of additional funding unless the Legislature provides express authority to do so.

             See Fiscal Comments.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:

             None.

         2. Expenditures:

             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

         To the extent that homes that participate in the MSFH Program receive mitigation credits or premium
         discounts under their property insurance policies and are less exposed to risk as a result of mitigation
         retrofitting using grant funds, the MSFH Program will have a positive direct economic impact on
         homeowners. Hurricane mitigation contractors may also see an increase in project activity.




42 The relevant definitions of low- and moderate-income persons are found in s. 420.0004, F.S.

STORAGE NAME: h1263.IBS                                                                                      PAGE: 7
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    D. FISCAL COMMENTS:

        While the bill contains appropriations of $100 million for mitigation grants and $7 million for
        administrative costs related to the implementation of the grants, the House’s proposed General
        Appropriations Act (GAA) for Fiscal Year 2024-2025,43 includes $200 million for mitigation grants,
        approximately $17 million for mitigation inspections, and approximately $7 million for administrative
        costs related to both components of the MSFH Program. Consideration could be given to eliminating
        the appropriations in the bill and funding the program through the GAA.

                                                 III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

           Not applicable. This bill does not appear to affect county or municipal governments.

        2. Other:

           Lines 292–305: The bill may contain an invalid delegation of legislative authority. It directs DFS to
           prioritize inspection and grant applications from low-income persons and those who are at least 60
           years old for the first 60 days that the application period is open following any appropriation of funds
           for the MSFH Program. While the bill provides details on the categories of applicants to be
           prioritized, it does not give any instructions to DFS about how it is to accomplish the prioritization
           process. Consideration should be given to either amending the bill to instruct DFS on how to
           complete the process or to expressly give DFS rulemaking authority to create a prioritization
           process.

    B. RULE-MAKING AUTHORITY:

        The bill neither authorizes nor requires administrative rulemaking. However, see III.A.2., Other
        Constitutional Issues.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        Lines 183-184 and 189-190: These lines provide redundant requirements for homes to undergo
        mitigation inspections in order to be eligible for mitigation grants. An amendment is suggested to
        eliminate the redundancy.

        See also III.A.2., Other Constitutional Issues.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




43 See PCB APC 24-01 (2024).

STORAGE NAME: h1263.IBS                                                                                      PAGE: 8
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           HB 1263                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to the My Safe Florida Home Program;
    3                amending s. 215.5586, F.S.; revising legislative
    4                intent; specifying eligibility requirements for
    5                hurricane mitigation inspections under the program;
    6                specifying requirements for a hurricane mitigation
    7                inspection application; authorizing an applicant to
    8                submit a subsequent hurricane mitigation inspection
    9                application under certain conditions; authorizing the
10                   Department of Financial Services to request certain
11                   information; providing that an application is
12                   considered withdrawn under certain circumstances;
13                   authorizing an applicant to receive a home inspection
14                   under the program without being eligible for a grant
15                   or applying for a grant; specifying eligibility
16                   requirements for hurricane mitigation grants; revising
17                   application requirements for hurricane mitigation
18                   grants; authorizing an applicant to submit a
19                   subsequent hurricane mitigation grant application
20                   under certain conditions; authorizing the department
21                   to request certain information; providing that an
22                   application is considered withdrawn under certain
23                   circumstances; deleting and revising provisions
24                   relating to the selection of hurricane mitigation
25                   inspectors and contractors; authorizing, rather than

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        HB 1263                                                                                               2024




26                requiring, matching fund grants to be made available
27                to certain entities; revising the improvements for
28                which grants may be used; requiring the department to
29                develop a process that ensures the most efficient
30                means to collect and verify inspection applications;
31                requiring the department, for a specified timeframe,
32                to prioritize applications in a specified order;
33                revising provisions regarding the development of
34                brochures; requiring the Citizens Property Insurance
35                Corporation to distribute such brochures to specified
36                persons; providing appropriations; providing an
37                effective date.
38
39      Be It Enacted by the Legislature of the State of Florida:
40
41                Section 1.       Section 215.5586, Florida Statutes, as amended
42      by section 5 of chapter 2023-349, Laws of Florida, is amended to
43      read:
44                215.5586        My Safe Florida Home Program.—There is
45      established within the Department of Financial Services the My
46      Safe Florida Home Program. The department shall provide fiscal
47      accountability, contract management, and strategic leadership
48      for the program, consistent with this section. This section does
49      not create an entitlement for property owners or obligate the
50      state in any way to fund the inspection or retrofitting of

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        HB 1263                                                                                               2024




51      residential property in this state. Implementation of this
52      program is subject to annual legislative appropriations. It is
53      the intent of the Legislature that, subject to the availability
54      of funds, the My Safe Florida Home Program provide licensed
55      inspectors to perform hurricane mitigation inspections of
56      eligible homes for owners of site-built, single-family,
57      residential properties and grants to eligible fund hurricane
58      mitigation projects on those homes applicants. The department
59      shall implement the program in such a manner that the total
60      amount of funding requested by accepted applications, whether
61      for inspections, grants, or other services or assistance, does
62      not exceed the total amount of available funds. If, after
63      applications are processed and approved, funds remain available,
64      the department may accept applications up to the available
65      amount. The program shall develop and implement a comprehensive
66      and coordinated approach for hurricane damage mitigation
67      pursuant to that may include the following requirements provided
68      in this section.:
69                (1)       HURRICANE MITIGATION INSPECTIONS.—
70                (a)       To be eligible for an inspection under the program:
71                1.    A home must be a single-family, site-built, detached
72      residential property or a townhouse as defined in s. 481.203;
73      and
74                2.    The homeowner must have been granted a homestead
75      exemption on the home under chapter 196.

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         HB 1263                                                                                               2024




 76                (b)1.     An application for an inspection must contain a
 77      signed or electronically verified statement made under penalty
 78      of perjury that the applicant has submitted only one inspection
 79      application on the home or that the application is allowed under
 80      subparagraph 2., and must have documents attached to the
 81      application which demonstrate that the applicant meets the
 82      requirements of paragraph (a).
 83                2.    An applicant may submit a subsequent hurricane
 84      mitigation inspection application for the same home only if:
 85                a.    The original hurricane mitigation inspection
 86      application has been denied or withdrawn because of errors or
 87      omissions in the application;
 88                b.    The original hurricane mitigation inspection
 89      application was denied or withdrawn because the home did not
 90      meet the eligibility criteria for an inspection at the time of
 91      the previous application, and the homeowner reasonably believes
 92      the home now is eligible for an inspection; or
 93                c.    The program's eligibility requirements for an
 94      inspection have changed since the original application date, and
 95      the applicant reasonably believes the home is eligible under the
 96      new requirements.
 97                3.    The department may request that the applicant provide
 98      additional information if the application contains apparent
 99      errors or omissions. An application is considered withdrawn by
100      the applicant if the department does not receive a response to

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         HB 1263                                                                                               2024




101      its request for additional information within 60 days after the
102      department notifies the applicant of any apparent errors or
103      omissions.
104                (c)       An applicant meeting the requirements of this
105      subsection may receive an inspection of a home under the program
106      without being eligible for a grant under subsection (2) or
107      applying for such grant.
108                (d)       Licensed inspectors are to provide home inspections of
109      homes meeting the requirements of this subsection site-built,
110      single-family, residential properties for which a homestead
111      exemption has been granted, to determine what mitigation
112      measures are needed, what insurance premium discounts may be
113      available, and what improvements to existing residential
114      properties are needed to reduce the property's vulnerability to
115      hurricane damage. An inspector may inspect a townhouse as
116      defined in s. 481.203 to determine if opening protection
117      mitigation as listed in subparagraph (2)(f)1. paragraph (2)(e)
118      would provide improvements to mitigate hurricane damage.
119                (e)(b)      The department of Financial Services shall contract
120      with wind certification entities to provide hurricane mitigation
121      inspections. The inspections provided to homeowners, at a
122      minimum, must include:
123                1.    A home inspection and report that summarizes the
124      results and identifies recommended improvements a homeowner may
125      take to mitigate hurricane damage.

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         HB 1263                                                                                               2024




126                2.    A range of cost estimates regarding the recommended
127      mitigation improvements.
128                3.    Information regarding estimated premium discounts,
129      correlated to the current mitigation features and the
130      recommended mitigation improvements identified by the
131      inspection.
132                (f)(c)     To qualify for selection by the department as a
133      wind certification entity to provide hurricane mitigation
134      inspections, the entity must, at a minimum, meet the following
135      requirements:
136                1.    Use hurricane mitigation inspectors who are licensed or
137      certified as:
138                a.    A building inspector under s. 468.607;
139                b.    A general, building, or residential contractor under s.
140      489.111;
141                c.    A professional engineer under s. 471.015;
142                d.    A professional architect under s. 481.213; or
143                e.    A home inspector under s. 468.8314 and who have
144      completed at least 3 hours of hurricane mitigation training
145      approved by the Construction Industry Licensing Board, which
146      training must include hurricane mitigation techniques,
147      compliance with the uniform mitigation verification form, and
148      completion of a proficiency exam.
149                2.    Use hurricane mitigation inspectors who also have
150      undergone drug testing and a background screening. The

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         HB 1263                                                                                               2024




151      department may conduct criminal record checks of inspectors used
152      by wind certification entities. Inspectors must submit a set of
153      fingerprints to the department for state and national criminal
154      history checks and must pay the fingerprint processing fee set
155      forth in s. 624.501. The fingerprints must be sent by the
156      department to the Department of Law Enforcement and forwarded to
157      the Federal Bureau of Investigation for processing. The results
158      must be returned to the department for screening. The
159      fingerprints must be taken by a law enforcement agency,
160      designated examination center, or other department-approved
161      entity.
162                3.    Provide a quality assurance program including a
163      reinspection component.
164                (d)       An application for an inspection must contain a signed
165      or electronically verified statement made under penalty of
166      perjury that the applicant has submitted only a single
167      application for that home.
168                (e)       The owner of a site-built, single-family, residential
169      property or townhouse as defined in s. 481.203, for which a
170      homestead exemption has been granted, may apply for and receive
171      an inspection without also applying for a grant pursuant to
172      subsection (2) and without meeting the requirements of paragraph
173      (2)(a).
174                (2)       HURRICANE MITIGATION GRANTS.—Financial grants shall be
175      used by homeowners to encourage single-family, site-built,

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         HB 1263                                                                                               2024




176      owner-occupied, residential property owners to make improvements
177      recommended by an inspection which increase resistance retrofit
178      their properties to make them less vulnerable to hurricane
179      damage.
180                (a)       For A homeowner is to be eligible for a hurricane
181      mitigation grant if all of, the following criteria are must be
182      met:
183                1.    The home must be eligible for an inspection under
184      subsection (1) The homeowner must have been granted a homestead
185      exemption on the home under chapter 196.
186                2.    The home must be a dwelling with an insured value of
187      $700,000 or less. Homeowners who are low-income persons, as
188      defined in s. 420.0004(11), are exempt from this requirement.
189                3.    The home must undergo an acceptable hurricane
190      mitigation inspection as provided in subsection (1).
191                4.    The building permit application for initial
192      construction of the home must have been made before January 1,
193      2008.
194                5.    The homeowner must agree to make his or her home
195      available for inspection once a mitigation project is completed.
196                6.    The homeowner must agree to provide to the department
197      information received from the homeowner's insurer identifying
198      the discounts realized by the homeowner because of the
199      mitigation improvements funded through the program.
200                (b)1.      An application for a grant must contain a signed or

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201      electronically verified statement made under penalty of perjury
202      that the applicant has submitted only one grant a single
203      application or that the application is allowed under
204      subparagraph 2., and must have attached documents attached
205      demonstrating the applicant meets the requirements of this
206      paragraph (a).
207                2.     An applicant may submit a subsequent grant application
208      if:
209                a.     The original grant application was denied or withdrawn
210      because the application contained errors or omissions;
211                b.     The original grant application was denied or withdrawn
212      because the home did not meet the eligibility criteria for a
213      grant at the time of the previous application, and the homeowner
214      reasonably believes that the home now is eligible for a grant;
215      or
216                c.     The program's eligibility requirements for a grant have
217      changed since the original application date, and the applicant
218      reasonably believes that he or she is an eligible homeowner
219      under the new requirements.
220                3.     The department may request that the applicant provide
221      additional information if the application contains apparent
222      errors or omissions. An application is considered withdrawn by
223      the applicant if the department does not receive a response to
224      its request for additional information within 60 days after the
225      department notifies the applicant of any apparent errors or

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226      omissions.
227                (c)(b)     All grants must be matched on the basis of $1
228      provided by the applicant for $2 provided by the state up to a
229      maximum state contribution of $10,000 toward the actual cost of
230      the mitigation project, except as provided in paragraph (j).
231                (d)(c)     The program shall create a process in which
232      contractors agree to participate and homeowners select from a
233      list of participating contractors. All hurricane mitigation
234      performed under the program must be based upon the securing of
235      all required local permits and inspections and must be performed
236      by properly licensed contractors. Hurricane mitigation
237      inspectors qualifying for the program may also participate as
238      mitigation contractors as long as the inspectors meet the
239      department's qualifications and certification requirements for
240      mitigation contractors.
241                (e)(d)     Matching fund grants may shall also be made
242      available to local governments and nonprofit entities for
243      projects that will reduce hurricane damage to eligible homes
244      single-family, site-built, owner-occupied, residential property.
245      The department shall liberally construe those requirements in
246      favor of availing the state of the opportunity to leverage
247      funding for the My Safe Florida Home Program with other sources
248      of funding.
249                (f)(e)     When recommended by a hurricane mitigation
250      inspection, grants for eligible homes may be used for the

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         HB 1263                                                                                               2024




251      following improvements:
252                1.     Opening protection, including exterior doors, garage
253      doors, windows, and skylights.
254                2.     Exterior doors, including garage doors.
255                3.     Reinforcing roof-to-wall connections.
256                3.4.       Improving the strength of roof-deck attachments.
257                4.5.       Secondary water resistance barrier for roof.
258                (g)(f)       When recommended by a hurricane mitigation
259      inspection, grants for townhouses, as defined in s. 481.203, may
260      only be used for opening protection.
261                (h)        The department may require that improvements be made
262      to all openings, including exterior doors, and garage doors,
263      windows, and skylights, as a condition of reimbursing a
264      homeowner approved for a grant. The department may adopt, by
265      rule, the maximum grant allowances for any improvement allowable
266      under paragraph (f) or paragraph (g) (e) or this paragraph.
267                (i)(g)       Grants may be used on a previously inspected
268      existing structure or on a rebuild. A rebuild is defined as a
269      site-built, single-family dwelling under construction to replace
270      a home that was destroyed or significantly damaged by a
271      hurricane and deemed unlivable by a regulatory authority. The
272      homeowner must be a low-income homeowner as defined in paragraph
273      (j) (h), must have had a homestead exemption for that home
274      before the hurricane, and must be intending to rebuild the home
275      as that homeowner's homestead.

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         HB 1263                                                                                               2024




276                (j)(h)     Low-income homeowners, as defined in s.
277      420.0004(11), who otherwise meet the applicable requirements of
278      this subsection paragraphs (a), (c), (e), and (g) are eligible
279      for a grant of up to $10,000 and are not required to provide a
280      matching amount to receive the grant. The program may accept a
281      certification directly from a low-income homeowner that the
282      homeowner meets the requirements of s. 420.0004(11) if the
283      homeowner provides such certification in a signed or
284      electronically verified statement made under penalty of perjury.
285                (k)1.(i)        The department shall develop a process that
286      ensures the most efficient means to collect and verify
287      inspection applications and grant applications to determine
288      eligibility. The department and may direct hurricane mitigation
289      inspectors to collect and verify grant application information
290      or use the Internet or other electronic means to collect
291      information and determine eligibility.
292                2.    The department, for the first 60 days it accepts
293      inspection applications and grant applications after any
294      legislative appropriation funding inspections and grants, must
295      prioritize the review and approval of such applications in the
296      following order:
297                a.    First, applications from low-income persons, as defined
298      in s. 420.0004, who are at least 60 years old;
299                b.    Second, applications from all other low-income persons,
300      as defined in s. 420.0004;

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         HB 1263                                                                                               2024




301                c.    Third, applications from moderate-income persons, as
302      defined in s. 420.0004, who are at least 60 years old;
303                d.    Fourth, applications from all other moderate-income
304      persons, as defined in s. 420.0004; and
305                e.    Last, all other applications.
306                3.    The program may accept a certification directly from a
307      low-income homeowner or moderate-income homeowner who meets the
308      requirements of s. 420.0004(11) or s. 420.0004(12) if the
309      homeowner provides such certification in a signed or
310      electronically verified statement made under penalty of perjury.
311                (3)       EDUCATION, CONSUMER AWARENESS, AND OUTREACH.—
312                (a)       The department may undertake a statewide multimedia
313      public outreach and advertising campaign to inform consumers of
314      the availability and benefits of hurricane inspections and of
315      the safety and financial benefits of residential hurricane
316      damage mitigation. The department may seek out and use local,
317      state, federal, and private funds to support the campaign.
318                (b)       The program may develop brochures for distribution to
319      Citizens Property Insurance Corporation and other licensed
320      entities or nonprofits that work with the department to educate
321      the public on the benefits of the program, general contractors,
322      roofing contractors, and real estate brokers and sales
323      associates who are licensed under part I of chapter 475 which
324      provide information on the benefits to homeowners of residential
325      hurricane damage mitigation. Citizens Property Insurance

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         HB 1263                                                                                               2024




326      Corporation must is encouraged to distribute the brochure to
327      policyholders of the corporation each year the program is
328      funded. Contractors are encouraged to distribute the brochures
329      to homeowners at the first meeting with a homeowner who is
330      considering contracting for home or roof repair or contracting
331      for the construction of a new home. Real estate brokers and
332      sales associates are encouraged to distribute the brochure to
333      clients before the purchase of a home. The brochures may be made
334      available electronically.
335                (4)       FUNDING.—The department may seek out and leverage
336      local, state, federal, or private funds to enhance the financial
337      resources of the program.
338                (5)       RULES.—The department of Financial Services shall
339      adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the
340      program; implement the provisions of this section; including
341      rules governing hurricane mitigation inspections and grants,
342      mitigation contractors, and training of inspectors and
343      contractors; and carry out the duties of the department under
344      this section.
345                (6)       HURRICANE MITIGATION INSPECTOR LIST.—The department
346      shall develop and maintain as a public record a current list of
347      hurricane mitigation inspectors authorized to conduct hurricane
348      mitigation inspections pursuant to this section.
349                (7)       CONTRACT MANAGEMENT.—
350                (a)       The department may contract with third parties for

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         HB 1263                                                                                               2024




351      grants management, inspection services, contractor services for
352      low-income homeowners, information technology, educational
353      outreach, and auditing services. Such contracts are considered
354      direct costs of the program and are not subject to
355      administrative cost limits. The department shall contract with
356      providers that have a demonstrated record of successful business
357      operations in areas directly related to the services to be
358      provided and shall ensure the highest accountability for use of
359      state funds, consistent with this section.
360                (b)       The department shall implement a quality assurance and
361      reinspection program that determines whether initial inspections
362      and home improvements are completed in a manner consist ent with
363      the intent of the program. The department may use valid random
364      sampling in order to perform the quality assurance portion of
365      the program.
366                (8)       INTENT.—It is the intent of the Legislature that
367      grants made to residential property owners under this section
368      shall be considered disaster-relief assistance within the
369      meaning of s. 139 of the Internal Revenue Code of 1986, as
370      amended.
371                (9)       REPORTS.—The department shall make an annual report on
372      the activities of the program that shall account for the use of
373      state funds and indicate the number of inspections requested,
374      the number of inspections performed, the number of grant
375      applications received, the number and value of grants approved,

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         HB 1263                                                                                               2024




376      and the estimated average annual amount of insurance premium
377      discounts and total estimated annual amount of insurance premium
378      discounts homeowners received from insurers as a result of
379      mitigation funded through the program. The report must be
380      delivered to the President of the Senate and the Speaker of the
381      House of Representatives by February 1 of each year.
382                Section 2.       (1)     For the 2024-2025 fiscal year, the sum of
383      $100 million in nonrecurring funds is appropriated from the
384      General Revenue Fund to the Department of Financial Services to
385      provide mitigation grants pursuant to s. 215.5586(2), Florida
386      Statutes, under the My Safe Florida Home Program. The department
387      may not continue to accept applications or to create a waiting
388      list in anticipation of additional funding unless the
389      Legislature provides express authority to implement such
390      actions.
391                (2)       For the 2024-2025 fiscal year, the sum of $7 million
392      in nonrecurring funds is appropriated from the General Revenue
393      Fund to the Department of Financial Services for administrative
394      costs related to implementation of mitigation grants pursuant to
395      s. 215.5586(2), Florida Statutes, under the My Safe Florida Home
396      Program.
397                Section 3.       This act shall take effect July 1, 2024.




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                     INSURANCE & BANKING SUBCOMMITTEE

                              HB 1263 by Rep. LaMarca
                            My Safe Florida Home Program

                               AMENDMENT SUMMARY
                                  February 1, 2024

Amendment 1 by Rep. LaMarca (Line 70): The amendment:
  • requires a grant applicant to identify the project contractor by name and license number
     and the program to verify the status of the contractor’s license.
  • clarifies the process for prioritization of low-income grant applicants.
  • specifies that a grant-funded project must be completed within 1 year, subject to a one-
     time six month extension, or the grant is deemed abandoned and the funds revert to DFS.
  • makes other technical and grammatical changes.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1263    (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Insurance & Banking
 2     Subcommittee
 3     Representative LaMarca offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 70-310 and insert:
 7          (a)     To be eligible for a hurricane mitigation inspection
 8     under the program:
 9          1.     A home must be a single-family, detached residential
10     property or a townhouse as defined in s. 481.203;
11          2.     A home must be site-built and owner-occupied; and
12          3.     The homeowner must have been granted a homestead
13     exemption on the home under chapter 196.
14          (b)1.     An application for a hurricane mitigation inspection
15     must contain a signed or electronically verified statement made
16     under penalty of perjury that the applicant has submitted only
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1263   (2024)
       Amendment No. 1


17     one inspection application on the home or that the application
18     is allowed under subparagraph 2., and the application must have
19     documents attached which demonstrate that the applicant meets
20     the requirements of paragraph (a).
21          2.    An applicant may submit a subsequent hurricane
22     mitigation inspection application for the same home only if:
23          a.    The original hurricane mitigation inspection
24     application has been denied or withdrawn because of errors or
25     omissions in the application;
26          b.    The original hurricane mitigation inspection
27     application was denied or withdrawn because the home did not
28     meet the eligibility criteria for an inspection at the time of
29     the previous application, and the homeowner reasonably believes
30     the home now is eligible for an inspection; or
31          c.    The program's eligibility requirements for an
32     inspection have changed since the original application date, and
33     the applicant reasonably believes the home is eligible under the
34     new requirements.
35          (c)    An applicant meeting the requirements of paragraph (a)
36     may receive an inspection of a home under the program without
37     being eligible for a grant under subsection (2) or applying for
38     such grant.
39          (d)    Licensed inspectors are to provide home inspections of
40     eligible homes site-built, single-family, residential properties
41     for which a homestead exemption has been granted, to determine
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1263   (2024)
       Amendment No. 1


42     what mitigation measures are needed, what insurance premium
43     discounts may be available, and what improvements to existing
44     residential properties are needed to reduce the property's
45     vulnerability to hurricane damage. An inspector may inspect a
46     townhouse as defined in s. 481.203 to determine if opening
47     protection mitigation as listed in subparagraph (2)(e)1.
48     paragraph (2)(e) would provide improvements to mitigate
49     hurricane damage.
50          (e)(b)   The department of Financial Services shall contract
51     with wind certification entities to provide hurricane mitigation
52     inspections. The inspections provided to homeowners, at a
53     minimum, must include:
54          1.   A home inspection and report that summarizes the
55     results and identifies recommended improvements a homeowner may
56     take to mitigate hurricane damage.
57          2.   A range of cost estimates regarding the recommended
58     mitigation improvements.
59          3.   Information regarding estimated premium discounts,
60     correlated to the current mitigation features and the
61     recommended mitigation improvements identified by the
62     inspection.
63          (f)(c)   To qualify for selection by the department as a
64     wind certification entity to provide hurricane mitigation
65     inspections, the entity must, at a minimum, meet the following
66     requirements:
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1263    (2024)
       Amendment No. 1


67          1.    Use hurricane mitigation inspectors who are licensed or
68     certified as:
69          a.    A building inspector under s. 468.607;
70          b.    A general, building, or residential contractor under s.
71     489.111;
72          c.    A professional engineer under s. 471.015;
73          d.    A professional architect under s. 481.213; or
74          e.    A home inspector under s. 468.8314 and who have
75     completed at least 3 hours of hurricane mitigation training
76     approved by the Construction Industry Licensing Board, which
77     training must include hurricane mitigation techniques,
78     compliance with the uniform mitigation verification form, and
79     completion of a proficiency exam.
80          2.    Use hurricane mitigation inspectors who also have
81     undergone drug testing and a background screening. The
82     department may conduct criminal record checks of inspectors used
83     by wind certification entities. Inspectors must submit a set of
84     fingerprints to the department for state and national criminal
85     history checks and must pay the fingerprint processing fee set
86     forth in s. 624.501. The fingerprints must be sent by the
87     department to the Department of Law Enforcement and forwarded to
88     the Federal Bureau of Investigation for processing. The results
89     must be returned to the department for screening. The
90     fingerprints must be taken by a law enforcement agency,
91     designated examination center, or other department-approved
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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1263    (2024)
        Amendment No. 1


 92     entity.
 93            3.    Provide a quality assurance program including a
 94     reinspection component.
 95            (d)    An application for an inspection must contain a signed
 96     or electronically verified statement made under penalty of
 97     perjury that the applicant has submitted only a single
 98     application for that home.
 99            (e)    The owner of a site-built, single-family, residential
100     property or townhouse as defined in s. 481.203, for which a
101     homestead exemption has been granted, may apply for and receive
102     an inspection without also applying for a grant pursuant to
103     subsection (2) and without meeting the requirements of paragraph
104     (2)(a).
105            (2)    HURRICANE MITIGATION GRANTS.—Financial grants shall be
106     used by homeowners to encourage single-family, site-built,
107     owner-occupied, residential property owners to make improvements
108     recommended by an inspection which increase resistance retrofit
109     their properties to make them less vulnerable to hurricane
110     damage.
111            (a)    For A homeowner is to be eligible for a hurricane
112     mitigation grant if all of, the following criteria are must be
113     met:
114            1.    The home must be eligible for an inspection under
115     subsection (1) The homeowner must have been granted a homestead
116     exemption on the home under chapter 196.
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                                                   Bill No. HB 1263   (2024)
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117           2.   The home must be a dwelling with an insured value of
118     $700,000 or less. Homeowners who are low-income persons, as
119     defined in s. 420.0004(11), are exempt from this requirement.
120           3.   The home must undergo an acceptable hurricane
121     mitigation inspection as provided in subsection (1).
122           4.   The building permit application for initial
123     construction of the home must have been made before January 1,
124     2008.
125           5.   The homeowner must agree to make his or her home
126     available for inspection once a mitigation project is completed.
127           6.   The homeowner must agree to provide to the department
128     information received from the homeowner's insurer identifying
129     the discounts realized by the homeowner because of the
130     mitigation improvements funded through the program.
131           (b)1.   An application for a grant must contain a signed or
132     electronically verified statement made under penalty of perjury
133     that the applicant has submitted only one grant a single
134     application or that the application is allowed under
135     subparagraph 2., and the application must have attached
136     documents attached demonstrating that the applicant meets the
137     requirements of this paragraph (a).
138           2.   An applicant may submit a subsequent grant application
139     if:
140           a.   The original grant application was denied or withdrawn
141     because the application contained errors or omissions;
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                                                   Bill No. HB 1263   (2024)
        Amendment No. 1


142          b.   The original grant application was denied or withdrawn
143     because the home did not meet the eligibility criteria for a
144     grant at the time of the previous application, and the homeowner
145     reasonably believes that the home now is eligible for a grant;
146     or
147          c.   The program's eligibility requirements for a grant have
148     changed since the original application date, and the applicant
149     reasonably believes that he or she is an eligible homeowne r
150     under the new requirements.
151          3.   A grant application must include a statement from the
152     homeowner which contains the name and state license number of
153     the contractor that the homeowner acknowledges as the intended
154     contractor for the mitigation work. The program must
155     electronically verify that the contractor's state license number
156     is accurate and up to date before grant approval.
157          (c)(b)   All grants must be matched on the basis of $1
158     provided by the applicant for $2 provided by the state up to a
159     maximum state contribution of $10,000 toward the actual cost of
160     the mitigation project, except as provided in paragraph (h).
161          (d)(c)   The program shall create a process in which
162     contractors agree to participate and homeowners select from a
163     list of participating contractors. All hurricane mitigation
164     performed under the program must be based upon the securing of
165     all required local permits and inspections and must be performed
166     by properly licensed contractors. Hurricane mitigation
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                                                    Bill No. HB 1263   (2024)
        Amendment No. 1


167     inspectors qualifying for the program may also participate as
168     mitigation contractors as long as the inspectors meet the
169     department's qualifications and certification requirements for
170     mitigation contractors.
171          (d)     Matching fund grants shall also be made available to
172     local governments and nonprofit entities for projects that will
173     reduce hurricane damage to single-family, site-built, owner-
174     occupied, residential property. The department shall liberally
175     construe those requirements in favor of availing the state of
176     the opportunity to leverage funding for the My Safe Florida Home
177     Program with other sources of funding.
178          (e)     When recommended by a hurricane mitigation inspection,
179     grants for eligible homes may be used for the following
180     improvements:
181          1.     Opening protection, including exterior doors, garage
182     doors, windows, and skylights.
183          2.     Exterior doors, including garage doors.
184          3.     Reinforcing roof-to-wall connections.
185          3.4.    Improving the strength of roof-deck attachments.
186          4.5.    Secondary water resistance barrier for roof.
187          (f)     When recommended by a hurricane mitigation inspection,
188     grants for townhouses, as defined in s. 481.203, may only be
189     used for opening protection.
190          (g)     The department may require that improvements be made
191     to all openings, including exterior doors, and garage doors,
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                                                    Bill No. HB 1263   (2024)
        Amendment No. 1


192     windows, and skylights, as a condition of reimbursing a
193     homeowner approved for a grant. The department may adopt, by
194     rule, the maximum grant allowances for any improvement allowable
195     under paragraph (e) or paragraph (f) (e) or this paragraph.
196          (g)     Grants may be used on a previously inspected existing
197     structure or on a rebuild. A rebuild is defined as a site-built,
198     single-family dwelling under construction to replace a home that
199     was destroyed or significantly damaged by a hurricane and deemed
200     unlivable by a regulatory authority. The homeowner must be a
201     low-income homeowner as defined in paragraph (h), must have had
202     a homestead exemption for that home before the hurricane, and
203     must be intending to rebuild the home as that homeowner's
204     homestead.
205          (h)     Low-income homeowners, as defined in s. 420.0004(11),
206     who otherwise meet the applicable requirements of this
207     subsection paragraphs (a), (c), (e), and (g) are eligible for a
208     grant of up to $10,000 and are not required to provide a
209     matching amount to receive the grant. The program may accept a
210     certification directly from a low-income homeowner that the
211     homeowner meets the requirements of s. 420.0004(11) if the
212     homeowner provides such certification in a signed or
213     electronically verified statement made under penalty of perjury.
214          (i)1.    The department shall develop a process that ensures
215     the most efficient means to collect and verify inspection
216     applications and grant applications to determine eligibility.
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                                                    Bill No. HB 1263   (2024)
        Amendment No. 1


217     The department and may direct hurricane mitigation inspectors to
218     collect and verify grant application information or use the
219     Internet or other electronic means to collect information and
220     determine eligibility.
221          2.   The department shall prioritize the review and approval
222     of such inspection applications and grant applications in the
223     following order:
224          a.   First, applications from low-income persons, as defined
225     in s. 420.0004, who are at least 60 years old;
226          b.   Second, applications from all other low-income persons,
227     as defined in s. 420.0004;
228          c.   Third, applications from moderate-income persons, as
229     defined in s. 420.0004, who are at least 60 years old;
230          d.   Fourth, applications from all other moderate-income
231     persons, as defined in s. 420.0004; and
232          e.   Last, all other applications.
233          3.   The department shall start accepting inspection
234     applications and grant applications no earlier than the
235     effective date of a legislative appropriation funding
236     inspections and grants, as follows:
237          a.   Initially, from applicants prioritized under sub-
238     subparagraph 2.a.;
239          b.   From applicants prioritized under sub-subparagraph
240     2.b., beginning 15 days after the program initially starts
241     accepting applications;
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                                                    Bill No. HB 1263   (2024)
        Amendment No. 1


242          c.     From applicants prioritized under sub-subparagraph
243     2.c., beginning 30 days after the program initially starts
244     accepting applications;
245          d.     From applicants described in sub-subparagraph 2.d.,
246     beginning 45 days after the program initially starts accepting
247     applications; and
248          e.     From all other applicants, beginning 60 days after the
249     program initially starts accepting applications.
250          4.     The program may accept a certification directly from a
251     low-income homeowner or moderate-income homeowner who meets the
252     requirements of s. 420.0004(11) or (12), respectively, if the
253     homeowner provides such certification in a signed or
254     electronically verified statement made under penalty of perjury.
255          (j)     A homeowner who receives a grant shall finalize
256     construction and request a final inspection, or request an
257     extension for an additional 6 months, within 1 year after grant
258     approval. If a homeowner fails to comply with this para graph,
259     his or her application is deemed abandoned and the grant money
260     reverts to the department.
261          (3)     REQUESTS FOR INFORMATION.—The department may request
262     that an applicant provide additional information. An application
263     is deemed withdrawn by the applicant if the department does not
264     receive a response to its request for additional information
265     within 60 days after the notification of any apparent error or
266     omission.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1263   (2024)
        Amendment No. 1


267
268           -----------------------------------------------------
269                       T I T L E    A M E N D M E N T
270          Remove lines 9-32 and insert:
271     application under certain conditions; authorizing applicants who
272     meet specified requirements to receive a home inspection under
273     the program without being eligible for, or applying for, a
274     grant; specifying eligibility requirements for hurricane
275     mitigation grants; revising application requirements for
276     hurricane mitigation grants; authorizing an applicant to submit
277     a subsequent hurricane mitigation grant application under
278     certain conditions; requiring that a grant application include
279     certain information; deleting and revising provisions relating
280     to the selection of hurricane mitigation inspectors and
281     contractors; deleting the requirement that matching fund grants
282     be made available to certain entities; revising improvements
283     that grants for eligible homes may be used; deleting the
284     authorization to use grants on rebuilds; requiring the
285     Department of Financial Services to develop a process that
286     ensures the most efficient means to collect and verify
287     inspection applications; requiring the department to prioritize
288     the review and approval of inspection and grant applications in
289     a specified order; requiring the department to start accepting
290     inspection and grant applications as specified in the act;
291     requiring homeowners to finalize construction and make certain
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                                                    Bill No. HB 1263   (2024)
        Amendment No. 1


292     requests within a specified time; providing that an application
293     is deemed abandoned under certain circumstances; authorizing the
294     department to request certain information; providing that an
295     application is considered withdrawn under certain circumstances




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HB 1305
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1305 Florida Banking Institutions
SPONSOR(S): Maggard
TIED BILLS:       IDEN./SIM. BILLS: SB 1466

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fletcher           Lloyd

  2) Commerce Committee


                                                SUMMARY ANALYSIS
The Residential Landlord and Tenant Act (Act), codified in part II of ch. 93, F.S., governs the rental of a
dwelling unit in Florida. The Act provides that whenever money is deposited or advanced by a tenant on a
rental agreement as security for performance of the rental agreement or as advance rent for other than the
next immediate rental period, the landlord has the option of holding such money in a separate account in a
“Florida banking institution” for the benefit of the tenant. The Act, however, does not define what constitutes a
“Florida banking institution.”

In a recent court filing alleging violations of the Act (the Palm Beach County Case), the plaintiff relied on a
repealed definition of the term “Florida banking institution.” The plaintiff was a limited liability company that had
been assigned the rights to a security deposit by the defendant landlord’s former tenants. The plaintiff cited to
the repealed statutory definition and alleged that the defendant landlord had violated the Act by depositing the
tenants’ security deposit with JPMorgan Chase Bank, which is not a Florida chartered bank nor headquartered
in Florida.

Although the definition of “Florida banking institution” relied upon by the plaintiff in the Palm Beach County
Case has been repealed, a similar definition still exists in chapter 658, F.S. This fact, combined with the fact
that the Act does not define “Florida banking institution,” suggests that similar lawsuits may be filed again in the
future.

The bill amends the Act to define “Florida banking institution” as any bank, industrial savings bank, savings and
loan association, or trust company organized under the laws of this state, another state, or the United States
and doing business in this state. The effect of this change is to expressly permit landlords to comply with the
Act by depositing their tenants’ security deposits in any bank doing business in Florida, regardless of where the
bank is chartered or headquartered.

The bill has an indeterminate positive impact on state and local government expenses but no impact on state
and local government revenues. It has indeterminate positive impact on the private sector.

The bill provides an effective date of July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1305.IBS
DATE: 1/30/2024
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

         Background

         Florida Residential Landlord and Tenant Act

         The Residential Landlord and Tenant Act (Act), codified in part II of ch. 83, F.S., governs the rental of a
         dwelling unit in Florida. A “dwelling unit” is defined as:
             A structure or part of a structure that is rented for use as a home, residence, or sleeping place
                by one person or by two or more persons who maintain a common household;
             A mobile home rented by a tenant; or
             A structure or part of a structure that is furnished, with or without rent, as an incident of
                employment for use as a home, residence, or sleeping place by one or more persons.

         The Act provides that whenever money is deposited or advanced by a tenant on a rental agreement as
         security for performance of the rental agreement or as advance rent for other than the next immediate
         rental period, the landlord has the option of holding such money in a separate account in a “Florida
         banking institution” for the benefit of the tenant.1 The Act, however, does not define what constitutes a
         “Florida banking institution.”

         Litigation Over Violations of the Act

         In a recent court filing in Palm Beach County alleging violations of the Act (the Palm Beach County
         Case), the plaintiff relied on a statutory definition of the term “Florida banking institution” that existed in
         ch. 658, F.S., relating to the regulation of banks and trust companies in Florida. 2 The statute relied
         upon, however, was repealed over a decade ago.3

         The repealed statute defined “Florida banking institution” as “a bank whose home is this state,” 4 and
         defined “home state” as:
              With respect to a state bank, the state by which the bank is chartered;
              With respect to a national bank, the state in which the main office of the bank is located; and
              With respect to a foreign bank, the state determined to be the home state of such foreign bank
                under 12 U.S.C. s. 3103(c).5

         The plaintiff in the Palm Beach case was a limited liability company that had been assigned the rights to
         a $500 deposit by the defendant landlord’s former tenants.6 The plaintiff cited to the repealed statutory
         definition of “Florida banking institution” and alleged that the defendant landlord had violated the Act by
         depositing the tenants’ security deposit with JPMorgan Chase Bank, which is not a Florida chartered
         bank nor headquartered in Florida.7 JPMorgan Chase, however, is the largest financial institution in the
         United States and has numerous branches in Florida.8 Based upon the alleged violation, the plaintiff


1 Ss. 83.49(1)(a)-(b),   F.S.
2 KAC 2021-1 LLC, as Assignee to Erole Emmanuel and Marie       Joseph, v. Eatmira II LLC d/b/a Catalina at Miramar,
Uniform Case No. 50-2023-SC-005770-XXXX-WB (Small Claims Court for the Fifteenth Judicial Circuit, Palm Beach
County, Apr. 13, 2023) (hereinafter referred to as the Palm Beach County Case).
3 See ch. 2011-194, s. 24, Laws of Fla. (repealing s. 658.295, F.S. (2010)).
4 S. 658.295(2)(m), F.S. (2010).
5 S. 658.295(2)(o), F.S. (2010).
6 Palm Beach County Case, supra note 2, Count II.
7 Id.
8 As of September 30, 2023, JPMorgan Chase had $3.38 trillion in assets, 80 million customer accounts, and 4,700

branches. See Christopher Murray, The Biggest Bank s in 2024, Market Watch Guides (updated Jan. 16, 2024),
https://www.marketwatch.com/guides/banking/largest-banks-in-the-us/ (last visited Jan. 27, 2024).
STORAGE NAME: h1305.IBS                                                                                           PAGE: 2
DATE: 1/30/2024
        sought to recover its attorney fees and court costs from the defendant landlord as permitted under the
        Act.9 As of January 29, 2024, the case is still pending resolution.10

        Although the definition of “Florida banking institution” relied upon by the plaintiff in the Palm Beach
        County Case has been repealed, a similar definition still exists in chapter 658, F.S. 11 This fact,
        combined with the fact that the Act does not define “Florida banking institution,” suggests that similar
        lawsuits may be filed again in the future.

        Effect of the Bill

        The bill amends the “Definitions” section of the Act to create a definition for “Florida banking institution.”
        Under the bill, “Florida banking institution” is defined as a bank, industrial savings bank, savings and
        loan association, or trust company organized under the laws of this state, another state, or the United
        States and doing business in this state.12

        The effect of this change is to expressly permit landlords to comply with the Act by depositing their
        tenants’ security deposits in any bank doing business in Florida, regardless of where the bank is
        chartered or headquartered.

        The bill provides an effective date of July 1, 2024.

    B. SECTION DIRECTORY:

        Section 1.           Amends s. 84.43, F.S., relating to definitions.

        Section 2.           Amends s. 83.491, F.S., relating to fee in lieu of security deposit.

        Section 3.           Amends s. 553.895, F.S., relating to firesafety.

        Section 4.           Provides an effective date of July 1, 2024.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

            None.

        2. Expenditures:

            The bill has an indeterminate positive impact on state courts’ expenses to the extent the proposed
            definition of “Florida banking institution” decreases the amount of litigation over the rights to security
            deposits in Florida. As a result, the bill is likely to reduce the caseload burden on circuit courts.13

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

9 Palm Beach County Case, supra note 2, Count       II. See also s. 83.48, F.S., which entitles prevailing parties to recover
attorney fees and court costs in civil actions to enforce the provisions of the Ac t.
10 See Clerk of the Circuit Court & Comptroller for Palm Beach County, Case Info: Uniform Case No. 50-2023-SC-005770-

XXXX-WB, https://appsgp.mypalmbeachclerk.com/eCaseView/search. aspx (last visited Jan. 29, 2024).
11 S. 658.2953(3)(c), F.S., defines “Florida bank” as “a bank whose home state in this state.”
12 The addition of the proposed definition changes the numbering of other defined terms. As such, the bill updates certain

cross-references to conform with such changes.
13 Under Florida law, circuit courts have concurrent jurisdiction with county courts to consider cases involving landlord-

tenant disputes. S. 34.011(1), F.S.
STORAGE NAME: h1305.IBS                                                                                               PAGE: 3
DATE: 1/30/2024
            None.

        2. Expenditures:

            The bill has an indeterminate positive impact on local courts’ expenses to the extent the proposed
            definition of “Florida banking institution” decreases the amount of litigation over the rights to security
            deposits in Florida. As a result, the bill is likely to reduce the caseload burden on small claims and
            county courts.14

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        The bill has an indeterminate positive impact on the private sector to the extent the proposed definition
        of “Florida banking institution” decreases the amount of litigation over the rights to security deposits in
        Florida. The decrease in litigation will reduce costs to both plaintiffs and defendants in landlord-tenant
        disputes. Further, banking institutions that are not chartered or headquartered in Florida may benefit
        from receiving additional security deposits.

    D. FISCAL COMMENTS:

        None.
                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

            Not applicable. This bill does not appear to affect county or municipal governments.

        2. Other:

            None.

    B. RULE-MAKING AUTHORITY:

        Not applicable. The bill does not amend or create rule-making authority.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        Lines 17-20: The bill defines “Florida banking institution” as any bank, industrial savings bank, savings
        and loan association, or trust company organized under the laws of this state, another state, or the
        United States and doing business in this state. The bill does not specify that the accounts or deposits of
        these entities must be insured by the Federal Deposit Insurance Corporation 15 or the National Credit
        Union Share Insurance Fund.16 Additionally, the proposed definition does not include credit unions,



14 Under Florida law, county courts have concurrent    jurisdiction with circuit courts to consider cases involving landlord -
tenant disputes. County courts have exclusive jurisdiction of proceedings relating to the right of possession of real
property and to the forcible or unlawful detention of lands and tenements, except that the circuit court also has jurisdictio n
if the amount in controversy exceeds the jurisdictional limits of the county court or the circuit court otherwise has
jurisdiction. S. 34.011(1), F.S.
15 The Federal Deposit Insurance Corporation (FDIC) protects the money that depositors place in banks insured by the

FDIC, in the unlikely event of an insured-bank failure. See Federal Deposit Insurance Corporation, Deposit Insurance,
https://www.fdic.gov/resources/deposit-ins urance/ (last visited Jan. 27, 2024).
16 The National Credit Union Share Insurance Fund (Fund) insures deposits of up to at $250,000 per individual depositor.

The National Credit Union Administration is a federal agency that regulates and supervises credit unions and administers
the Fund. See National Credit Union Administration, Share Insurance Fund Overview, https://ncua.gov/support-
services/share-insurance-fund (last visited Jan. 27, 2024).
STORAGE NAME: h1305.IBS                                                                                                 PAGE: 4
DATE: 1/30/2024
        savings associations or thrift associations, each of which are included in the current definition of the
        term “financial institution” in Florida’s financial institutions codes. 17

        Line 56: Given the potential for additional litigation over the lack of a definition of “Florida banking
        institution” and the apparent use of national banks for required deposits, it is recommended that the bill
        become effective upon becoming law, rather than waiting until July 1, 2024.

                              IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




17 See s. 655.005(i),   F.S. Florida’s financial institutions codes are codified in chs. 655, 657, 658, 660, 662, 663, 665, and
667, F.S.
STORAGE NAME: h1305.IBS                                                                                                  PAGE: 5
DATE: 1/30/2024
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




           HB 1305                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to Florida banking institutions;
    3                amending s. 83.43, F.S.; defining the term "Florida
    4                banking institution"; amending ss. 83.491 and 553.895,
    5                F.S.; conforming cross-references; providing an
    6                effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                   Section 1.       Subsections (7) through (17) of section 83.43,
11         Florida Statutes, are renumbered as subsections (8) through
12         (18), respectively, and a new subsection (7) is added to that
13         section to read:
14                   83.43      Definitions.—As used in this part, the following
15         words and terms shall have the following meanings unless some
16         other meaning is plainly indicated:
17                   (7)       "Florida banking institution" means a bank, industrial
18         savings bank, savings and loan association, or trust company
19         organized under the laws of this state, another state, or the
20         United States and doing business in this state.
21                   Section 2.       Subsection (6) of section 83.491, Florida
22         Statutes, is amended to read:
23                   83.491      Fee in lieu of security deposit.—
24                   (6)       A fee collected under this section, or an insurance
25         product or a surety bond accepted, by a landlord in lieu of a

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        HB 1305                                                                                               2024




26      security deposit is not a security deposit as defined in s.
27      83.43(13) s. 83.43(12).
28                Section 3.       Subsection (1) of section 553.895, Florida
29      Statutes, is amended to read:
30                553.895      Firesafety.—
31                (1)       Any transient public lodging establishment, as defined
32      in chapter 509 and used primarily for transient occupancy as
33      defined in s. 83.43(18) s. 83.43(17), or any timeshare unit of a
34      timeshare plan as defined in chapters 718 and 721, which is of
35      three stories or more and for which the construction contract
36      has been let after September 30, 1983, with interior corridors
37      which do not have direct access from the guest area to exterior
38      means of egress and on buildings over 75 feet in height that
39      have direct access from the guest area to exterior means of
40      egress and for which the construction contract has been let
41      after September 30, 1983, shall be equipped with an automatic
42      sprinkler system installed in compliance with the provisions
43      prescribed in the National Fire Protection Association
44      publication NFPA No. 13 (1985), "Standards for the Installation
45      of Sprinkler Systems." Each guest room and each timeshare unit
46      shall be equipped with an approved listed single-station smoke
47      detector meeting the minimum requirements of NFPA 74 (1984)
48      "Standards for the Installation, Maintenance and Use of
49      Household Fire Warning Equipment," powered from the building
50      electrical service, notwithstanding the number of stories in the

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        HB 1305                                                                                               2024




51      structure, if the contract for construction is let after
52      September 30, 1983. Single-station smoke detectors shall not be
53      required when guest rooms or timeshare units contain smoke
54      detectors connected to a central alarm system which also alarms
55      locally.
56                Section 4.       This act shall take effect July 1, 2024.




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                                                                                                             hb1305-00
HB 1465
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1465 Pet Insurance and Wellness Programs
SPONSOR(S): Tuck
TIED BILLS:       IDEN./SIM. BILLS: SB 1338

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                                 Herrera            Lloyd

    2) State Administration & Technology
       Appropriations Subcommittee

    3) Commerce Committee


                                            SUMMARY ANALYSIS
Pet insurance offers coverage for accidents and illnesses primarily for household pets, notably dogs and cats .
While classified and regulated as Property and Casualty (P/C) insurance, it parallels human health insurance in
providing annual coverage subject to predetermined rates and conditions.

In response to the growing significance of pet insurance and the need for standardized regulations, the
National Association of Insurance Commissioners (NAIC) introduced the Pet Insurance Model Act during its
Summer 2022 National Meeting. This model act addresses key aspects of the rapidly expanding pet insurance
industry, which, as of 2017, saw only approximately 1.5 million dogs and 300,000 cats insured in the U.S.,
representing less than 2% of dogs and less than 0.5% of cats owned nationwide. Despite these relatively low
rates of coverage, the total premium volume for pet insurance policies in the U.S. reached approximately $3.2
billion by the end of 2022. The model act encompasses provisions related to pet wellness programs,
preexisting conditions, consumer protections, and training requirements for insurance producers.

Pet insurance policies typically cover various veterinary expenses, including:
        Accidents: coverage for injuries resulting from accidents, such as broken bones or ingesting foreign
           objects.
        Illnesses: coverage for treatments related to illnesses such as cancer, diabetes, or infections.
        Routine Care: some policies offer optional coverage for routine care, including vaccinations,
           wellness exams, and dental cleanings.
        Hereditary and Congenital Conditions: certain policies may cover hereditary and congenital
           conditions, although these often have specific limitations and waiting periods.

Currently, several companies offer pet insurance in Florida; however, Florida law does not separately regulate
pet insurance.

The bill creates necessary regulatory statutes to facilitate the production of pet insurance policies for sale
within the state. The bill defines pet insurance and provides specific disclosure requirements for policy terms
and conditions, including coverage exclusions, waiting periods, and renewal provisions. Additionally, it
regulates the marketing and sales of wellness programs, ensuring they are distinct from pet insurance and
transparently disclosed to consumers. The bill also imposes training requirements for agents and brokers
selling pet insurance policies. Enforcement measures include penalties for violations, as provides for in the
Florida Insurance Code, and the bill provides for applicability and regulatory authority.

The bill provides an effective date of January 1, 2025.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1465.IBS
DATE: 1/30/2024
                                                          FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
            Background

            National Association of Insurance Commissioners

            The National Association of Insurance Commissioners (NAIC) serves as the insurance standard-setting
            and regulatory support body in the United States.1 Comprised of insurance regulators from all 50
            states, the District of Columbia, and five U.S. territories, the NAIC aids state regulators in fulfilling their
            public service mandate.2 It achieves this by setting standards and regulatory best practices, facilitating
            the exchange of information, offering regulatory support services, and educating consumers, industry
            professionals, and government stakeholders on the state-based insurance regulatory framework of the
            United States.3

            Office of Insurance Regulation

            The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers, and other
            risk bearing entities in Florida.4 The Financial Services Commission (FSC), composed of the
            Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture,
            serves as agency head of the OIR for purposes of rulemaking. Further, the FSC appoints the OIR
            commissioner.

            As part of their regulatory oversight, the OIR may suspend or revoke an insurer’s certificate of authority
            under certain conditions.5 The OIR is responsible for examining the affairs, transactions, accounts,
            records, and assets of each insurer that holds a certificate of authority to transact insurance business in
            Florida.6 As part of the examination process, all persons being examined must make available to the
            OIR the accounts, records, documents, files, information, assets, and matters in their possession or
            control that relate to the subject of the examination.7 The OIR is also authorized to conduct market
            conduct examinations to determine compliance with applicable provisions of the Insurance Code. 8

            Current Situation - Pet Insurance

            Pet insurance offers coverage for accidents and illnesses primarily for household pets, notably dogs
            and cats.9 While classified and regulated as Property and Casualty (P/C) insurance 10, it parallels
            human health insurance in providing annual coverage subject to predetermined rates and conditions. 11
            Originating in the U.S. in 1980, pet insurance has experienced significant expansion since its
            inception.12




1 NAIC, Our Story, https://content.naic.org/about       (last visited Jan. 27, 2024).
2 Id.
3 Id.
4
    S. 20.121(3)(a), F.S.
5 S. 624.418, F.S
6 S. 624, 316(1)(a), F.S.
7 S. 624.318(2), F.S.
8 The Code is comprised of chs. 624-632, 634-636, 641, 642, 648, and 651, F.S.      See S. 624.3161, F.S.
9 National Association of Insurance Commissioners, A Regulator’s Guide to Pet Insurance, p. 1

https://content.naic.org/sites/default/files/publication-pin-op-pet-insurance.pdf (last visited Jan. 27, 2024).
10 Casualty insurance is a broad category of insurance coverage for individuals, employers, and businesses against loss of prope rty,

damage, or other liabilities. Casualty insurance includes vehicle insurance, liability insurance, and theft insurance. Liability losses are
losses that occur as a result of the insured’s interactions with others or their property. See Investopedia, Casualty Insurance: Definition,
Types, and Examples, https://www.investopedia.com/terms/c/casualtyinsurance.asp (last visited Jan. 27, 2024).
11 Id.
12 Id.

STORAGE NAME: h1465.IBS                                                                                                            PAGE: 2
DATE: 1/30/2024
         The North American Pet Health Insurance Association (NAPHIA) serves as the leading advocacy
         group, representing over 99 percent of the U.S. and Canada pet health insurance industry. 13 Notably, in
         2017, NAPHIA members witnessed growth, with total premium volume reaching approximately $1.03
         billion in the U.S., marking a substantial 23.2 percent increase from the previous year.14 In the U.S. and
         its territories, direct written premiums amounted to roughly $640 billion. 15 Despite the rapid growth, pet
         insurance still represents a small percentage of the total P/C market. 16

         Pet insurance policies typically cover various veterinary expenses, including 17:
          Accidents: coverage for injuries resulting from accidents, such as broken bones or ingesting foreign
            objects.
          Illnesses: coverage for treatments related to illnesses such as cancer, diabetes, or infections.
          Routine Care: some policies offer optional coverage for routine care, including vaccinations,
            wellness exams, and dental cleanings.
          Hereditary and Congenital Conditions: certain policies may cover hereditary and congenital
            conditions, although these often have specific limitations and waiting periods.

         In 2017, a survey by the American Pet Products Association revealed that approximately 68 percent of
         U.S. households, totaling around 84.65 million families, had at least one pet, including dogs, cats, or
         other animals.18 Of these households, about 60 million owned at least one dog, and 47 million had at
         least one cat.19 Despite this large number of pet owners, there's considerable room for growth in the
         pet insurance sector.20 However, only about 1.5 million dogs and 300,000 cats were insured in 2017,
         representing less than 2 percent of dogs and less than 0.5 percent of cats owned in the country.21 In
         the U.S., there are roughly 90 million household dogs and 95 million household cats, indicating a
         substantial potential market for pet insurance coverage.22

         Pet insurance coverage in the U.S. has seen consistent annual growth rates of 15 percent to 20
         percent over the past five years.23 The distribution of pet insurance is notably concentrated in larger
         urban areas, with California and New York emerging as the primary markets. 24 For a visual
         representation of the distribution of pets and Gross Written Premiums (GWP) by state, please refer to
         the chart below.25 According to data from NAPHIA members, the total premium volume in the U.S.
         reached approximately $3.2 billion by the end of 2022, with a slight slowdown in growth observed in
         2022, marking the lowest growth rate in recent periods. 26




13 Id.
14 Id.
15 Id.
16 Id.
17
   Forbes, What Does Pet Insurance Cover?, https://www.forbes.com/advisor/pet-insurance/what-does-pet-insurance-cover/ (last visited
Jan. 27, 2024).
18 National Association of Insurance Commissioners, A Regulator’s Guide to Pet Insurance, p. 2

https://content.naic.org/sites/default/files/publication-pin-op-pet-insurance.pdf (last visited Jan. 27, 2024).
19 Id.
20 Id.
21 Id.
22 Id.
23 Id. at 5.
24 Id.
25 NAPHIA, State of the Industry Report 2023 Highlights, p. 24, https://naphia.org/wp-content/uploads/2023/05/NAPHIA-SOI2023-

Report-Highlights_Public-May9.pdf (last visited Jan. 27, 2024).
26 Id. at 10.

STORAGE NAME: h1465.IBS                                                                                                     PAGE: 3
DATE: 1/30/2024
                                   U.S. Market (Full) Pets and GWP Distribution by State (2022)
                   STATE

                  California
                  New York
                  Florida
                  Texas
                                         PETS

                                         18.6%
                                         7.0%
                                         6.2%
                                         5.7%
                                                 GWP

                                                 21.0%
                                                 8.4%
                                                 6.3%
                                                 4.9%
                                                          STATE

                                                         Arizona
                                                         Indiana
                                                         Minnesota
                                                         Nevada
                                                                          NdfiMI
                                                                            1.6%
                                                                            1.3%
                                                                            1.2%
                                                                            1.2%
                                                                                      1.6%
                                                                                      1.0%
                                                                                      1.0%
                                                                                      1.2%
                                                                                                 STATE

                                                                                                Rhode Island
                                                                                                Alabama
                                                                                                Kentucky
                                                                                                Arkansas
                                                                                                                       PETS

                                                                                                                       0.6%
                                                                                                                       0.5%
                                                                                                                       0.5%
                                                                                                                       0.5%
                                                                                                                               -
                                                                                                                               0.5%
                                                                                                                               0.4%
                                                                                                                               0.4%
                                                                                                                               0.4%
                  New Jersey             4.6%    4.9%    South Carolina     1.1%      0.9%      West Virginia          0.4%    0.3%
                  Pennsylvania           4.5%    4.3%    North Dakota       1.1%      1.0%      District of Columbia   0.4%    0.4%
                  Massachusetts          4.1%    4.5%    Tennessee          1.1%      0.9%      Kansas                 0.4%    0.3%

                  Washington             4.0%    4.1%    Maine              1.1%      1.0%      Oklahoma               0.4%    0.3%

                  Colorado               3.0%    3.0%    New Mexico         1.0%      0.9%      Idaho                  0.4%    0.3%

                  Illinois               2.9%    3.1%    Wisconsin          0.9%      0.8%      Delaware               0.4%    0.3%

                  Virginia               2.7%    2.9%    Missouri           0.8%      0.6%      Alaska                 0.3%    0.3%

                  North Carolina         2.4%    2.1%    New Hampshire      0.8%      0.8%      Mississippi            0.3%    0.2%
                  Maryland               2.2%    2.3%    Utah               0.7%      0.5%      Montana                0.2%    0.2%

                  Ohio                   2.1%    1.9%    Nebraska           0.6%      0.5%      Wyoming                0.1 %   0.1%
                  Georgia                2.1%    1.7%    Vermont            0.6%      0.6%      Other. Puerto Rico     0.1%    0.1%
                  Connecticut            2.0%    2.2%    Louisiana          0.6%      0.5%      South Dakota           0.1%    0.1%
                  Michigan               1.8%    1.5%    Hawaii             0.6%      0.6%
                  Oregon                 1.7%    1.6%    Iowa               0.6%      0.4%



         As the lifespans of companion animals increase, veterinary care costs are expected to rise for
         consumers, leading them to seek out pet insurance to help manage the expenses associated with
         preventive care, acute and chronic illnesses, and emergency medical treatments for their pets. 27 Data
         from NAPHIA indicates that consumers generally prefer "comprehensive" insurance plans for their
         pets.28 In the U.S., the majority (92.8 percent) of pets are covered by Accident & Illness plans or
         Embedded Wellness plans, while 7 percent have Endorsements (riders such as wellness or cancer
         treatments), and the remaining 0.2 percent have Accident Only plans.29

         Development of Regulatory Standards for the Pet Insurance Industry

         In April 2019, the Pet Insurance Working Group was tasked with reviewing NAIC’s "A Regulator's
         Guide to Pet Insurance" to determine if a model law or guideline was necessary to establish
         appropriate regulatory standards for the pet insurance industry.30 Subsequently, a request for Model
         Law development related to pet insurance was adopted during the NAIC 2019 Spring National Meeting,
         addressing various aspects such as definitions, disclosures, violations, producer licensing, preexisting
         conditions, reimbursement benefits, and regulations.31 During the NAIC's Summer 2022 National
         Meeting in members voted to adopt the Pet Insurance Model Act, which includes key provisions
         concerning pet wellness programs, preexisting conditions, consumer protections, and training for
         insurance producers.32 Currently, only Maine has adopted a substantially similar version of the NAIC
         model.33

         Current Situation – Florida



27 NAIC, Pet Insurance, https://content.naic.org/cipr-topics/pet-insurance (last visited Jan. 27, 2024).
28 Id.
29 Id.
30 Id.
31 Id.
32 Id.
33 NAIC, Pet Insurance Model Act, https://content.naic.org/sites/default/files/model-law-state-page-633.pdf (last visited Jan. 27, 2024).

STORAGE NAME: h1465.IBS                                                                                                               PAGE: 4
DATE: 1/30/2024
         Currently, several companies offer pet insurance in Florida; however, Florida law does not separately
         regulate pet insurance. Below are companies that provide pet insurance:34

                                           Average Monthly                                 Maximum Annual
                  Companies                                      Waiting Periods
                                                Cost                                          Coverage

                                                              14 days for illnesses,
                                           $30 for dogs      two days for injuries,
                                                                                          $5,000 - $100,000
                    Pets Best              $20 for cats      six months for
                                                              orthopedic conditions


                     Spot Pet              $78 for dogs      14 days for illnesses,
                                                                                          $2,500 - Unlimited
                    Insurance              $34 for cats      two days for injuries


                                                              48 hours for accidents,
                                           $63 for dogs      14 days for illnesses,
                     Embrace                                                              $5,000 - $100,000
                                           $37 for cats      six months for
                                                              orthopedic conditions


                  ASPCA Pet                $47 for dogs
                                                              14 days for illnesses       $3,000 - $10,000
                Health Insurance           $19 for cats




         Effect of the bill

         The bill creates necessary regulatory statutes to facilitate the production of pet insurance policies for
         sale within the state. The bill applies to policies issued to residents of the state, those sold or offered
         within the state's boundaries, as well as policies delivered or issued for delivery in the state.

         Pet Insurance Definitions and Usage

         The bill defines pet insurance as coverage designed for accidents and illnesses or diseases of pets,
         facilitating reimbursement for expenses linked to veterinary medical advice, diagnosis, care, or
         treatment, encompassing prescribed medications. Additionally, it introduces definitions for various
         terms, including chronic condition, congenital anomaly or disorder, hereditary disorder, orthopedic
         condition, pet insurance policy, preexisting condition, renewal, veterinarian, waiting period, and
         wellness program.

         The bill mandates that if pet insurers incorporate the defined terms within a pet insurance policy, they
         must adhere to the provided definition verbatim. Additionally, the pet insurer is required to ensure
         accessibility of these definitions to policyholders.

         Disclosure Requirements for Pet Insurance Policies

         The bill requires pet insurers to disclose coverage exclusions for chronic conditions, congenital
         anomalies, hereditary disorders, and preexisting conditions, along with any other applicable exclusions.
         Additionally, they must disclose policy provisions limiting coverage, changes in coverage or premiums,
         and differentiate between the underwriting company and the marketed brand.

         Pet insurers must allow a 30-day review period for policyholders to return policies for a refund if
         unsatisfied, provided no claims have been filed. They must also disclose the basis for determining
34 Market Watch, The Best Pet Insurance Companies in Florida (2024), https://www.marketwatch.com/guides/pet-insurance/pet-

insurance-florida/ (last visited Jan. 27, 2024).

STORAGE NAME: h1465.IBS                                                                                                  PAGE: 5
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         claim payments, including benefit schedules and fee limitations, and any required medical
         examinations before policy purchase.

         Further, the bill requires pet insurers to clearly disclose waiting periods and their requirements to
         applicants. Pet insurers must provide a summary of policy provisions and written disclosures including
         contact details for regulatory offices and the insurer or agent. These disclosures are in addition to any
         other disclosures required by law or regulation.

         Preexisting Conditions, Waiting Periods, and Policy Renewals

         The bill allows pet insurers to issue policies excluding coverage for preexisting conditions, provided that
         appropriate disclosure is made to the applicant or policyholder, with the burden of proving the
         applicability of the exclusion resting on the insurer. Additionally, pet insurers are permitted to impose
         waiting periods before the effective date of a new policy, not exceeding 30 days for certain conditions,35
         with provisions for waiving the waiting period upon completion of a medical examination, the costs of
         which are typically paid by the policyholder. These waiting periods and their requirements must be
         clearly disclosed to applicants before policy purchase.

         The bill prohibits pet insurers from requiring medical examinations for policy renewals and mandates
         compliance with the Florida Insurance Code for additional benefits included in policies. Furthermore, it
         ensures that an applicant's eligibility for pet insurance is not tied to participation in a wellness program.

         Marketing and Sales of Wellness Programs

         The bill prohibits pet insurers and their agents from misrepresenting wellness programs as pet
         insurance. It mandates that if wellness programs are offered alongside pet insurance, they must be
         separate and not required for pet insurance purchase. Additionally, the costs, terms, and products of
         wellness programs must be distinct from pet insurance. Clear disclosures must be provided to
         applicants and policyholders regarding the nature of wellness programs, and wellness benefits within
         pet insurance policies are recognized as insurance.

         Agent and Broker Training Requirements

         The bill requires specific training for agents and brokers involved in selling pet insurance policies.
         Agents and brokers must obtain appropriate licensing and complete specified training before engaging
         in the sale, solicitation, or negotiation of pet insurance policies. Pet insurers are responsible for
         ensuring that their agents and brokers receive training on preexisting conditions, waiting periods, and
         the distinctions between pet insurance and wellness programs. Additionally, training must cover chronic
         conditions, congenital anomalies, hereditary disorders, and administrative aspects of pet insurance
         policies. Satisfaction of training requirements from other states with substantially similar provisions is
         recognized as meeting the training standards in the state.

         Enforcement, Applicability, and Rulemaking Authority

         A violation of the bill’s requirements will be a violation of the Florida Insurance Code. Additionally, it
         clarifies that while all other relevant insurance laws apply to pet insurance, the specific regulations
         outlined in this bill take precedence over any conflicting general provisions. The bill does not restrict the
         types of exclusions pet insurers can employ in their policies nor does it mandate the inclusion of any
         specific limitations or exclusions. Furthermore, the bill grants the commission the authority to adopt
         rules and regulations essential for the effective administration of this section.

         The bill provides an effective date of January 1, 2025.

    B. SECTION DIRECTORY:


35 "Certain conditions" referenced in this sentence include illnesses, diseases, or orthopedic conditions not resulting from an accident,

as specified within the context of the bill
STORAGE NAME: h1465.IBS                                                                                                           PAGE: 6
DATE: 1/30/2024
         Section 1:        Amends s. 627.4435, F.S., relating pet insurance; noninsurance wellness programs.
         Section 2:        Providing an effective date of January 1, 2025.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             The bill necessitates the incorporation of pet insurance into the information technology systems of
             OIR, resulting in a one-time impact. However, OIR existing resources have the capacity to absorb
             this impact.36

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill may positively impact the private sector if the regulatory efficiency it establishes results in lower
         production costs for pet insurance providers.

    D. FISCAL COMMENTS:
         None.

                                                        III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not Applicable. This bill does not appear to affect county or municipal governments.

         2. Other:
            None.

    B. RULE-MAKING AUTHORITY:
         Sufficient rulemaking authority for the FSC and OIR to administer the bill’s provisions is provided.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         None.

                             IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




36 Email from Kevin James, Deputy Legislative Affairs Director, Department of Management Services, HB 1465 Bill Analysis (Jan. 2 5,

2024).
STORAGE NAME: h1465.IBS                                                                                                      PAGE: 7
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           HB 1465                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to pet insurance and wellness
    3                programs; creating s. 627.4435, F.S.; providing a
    4                short title; providing purpose and applicability;
    5                providing definitions; requiring pet insurers to use
    6                the definitions of the terms and include the
    7                definitions in insurance policies under certain
    8                circumstances; requiring pet insurers to make certain
    9                disclosures to pet insurance applicants and
10                   policyholders; authorizing pet insurance applicants
11                   and policyholders to return insurance policies and
12                   riders under certain circumstances; authorizing
13                   premiums to be refunded under certain circumstances;
14                   requiring pet insurance policies and riders to have a
15                   notice on return policies; requiring pet insurers to
16                   post a summary of certain provisions on a website and
17                   to provide new policyholders with a copy of the
18                   summary; providing that certain required disclosures
19                   are in addition to disclosures required by law or
20                   regulation; authorizing exclusions, waiting periods,
21                   and medical examinations provisions in pet insurance
22                   policies; providing requirements for such provisions;
23                   requiring that certain benefits comply with certain
24                   provisions of the Florida Insurance Code; prohibiting
25                   insurance applicants' eligibility from being based on

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        HB 1465                                                                                               2024




26                participation or lack of participation in wellness
27                programs; providing sales practices for wellness
28                programs; providing that coverages in pet insurance
29                policies described as wellness benefits are insurance;
30                prohibiting insurance agents and brokers from
31                transacting in pet insurance without license and
32                specified training; providing requirements for pet
33                insurance training for insurance agents and brokers;
34                providing that similar pet insurance training in other
35                states satisfy the training requirements in this
36                state; providing penalties; providing that certain
37                insurance laws apply to pet insurance; providing that
38                specific provisions of law supersede general
39                applicable provisions of law; providing construction;
40                providing rulemaking authority; providing an effective
41                date.
42
43      Be It Enacted by the Legislature of the State of Florida:
44
45                Section 1.         Section 627.4435, Florida Statutes, is created
46      to read:
47                627.4435         Pet insurance; noninsurance wellness programs. —
48                (1)       SHORT TITLE.—This section may be cited as the "Pet
49      Insurance Act."
50                (2)       PURPOSE AND SCOPE.—

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        HB 1465                                                                                               2024




51                (a)        The purpose of this section is to promote the public
52      welfare by creating a comprehensive legal framework within which
53      pet insurance may be sold in the state.
54                (b)        This section applies to pet insurance policies that
55      are:
56                1.     Issued to a resident of the state;
57                2.     Sold, solicited, negotiated, or offered in the state;
58      or
59                3.     Delivered or issued for delivery in the state.
60                (3)        DEFINITIONS.—
61                (a)        As used in this section, the term:
62                1.     "Chronic condition" means a condition that can be
63      treated or managed, but not cured.
64                2.     "Congenital anomaly or disorder" means a condition that
65      is present from birth, whether inherited or caused by the
66      environment, and that may cause or contribute to illness or
67      disease.
68                3.     "Hereditary disorder" means an abnormality that is
69      genetically transmitted from parent to offspring and may cause
70      illness or disease.
71                4.     "Orthopedic" refers to a condition that affects the
72      bones, skeletal muscle, cartilage, tendons, ligaments, or
73      joints. The condition includes, but is not limited to, elb ow
74      dysplasia, hip dysplasia, intervertebral disc degeneration,
75      patellar luxation, and cranial cruciate ligament rupture. The

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         HB 1465                                                                                               2024




 76      condition does not include any cancer or metabolic,
 77      hematopoietic, or autoimmune disease.
 78                5.    "Pet insurance" means an insurance that provides
 79      coverage for accidents and for illnesses or diseases of pets.
 80      Such insurance reimburses a policyholder for expenses associated
 81      with medical advice, diagnosis, care, or treatment provided by a
 82      veterinarian, including, but not limited to, the co st of drugs
 83      prescribed by the veterinarian.
 84                6.    "Pet insurance policy" or "policy" includes pet
 85      insurance certificate.
 86                7.    "Preexisting condition" means a condition for which any
 87      of the following are true before the effective date or during a
 88      waiting period of a pet insurance policy:
 89                a.    A veterinarian provided medical advice.
 90                b.    The pet received previous treatment.
 91                c.    Based on information from verifiable sources, the pet
 92      had signs or symptoms directly related to the condition for
 93      which a claim is being made.
 94
 95      A condition for which coverage is afforded on a policy is not
 96      deemed to be a preexisting condition on any renewal of the
 97      policy.
 98                8.    "Renewal" means the issuance and delivery at the end of
 99      an insurance policy period a policy that supersedes the policy
100      previously issued and delivered by the same pet insurer or

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         HB 1465                                                                                               2024




101      affiliated pet insurer and that provides types and limits of
102      coverage substantially similar to those contained in the policy
103      being superseded.
104                9.    "Veterinarian" means an individual who holds a valid
105      license to practice veterinary medicine from the appropriate
106      licensing entity in the jurisdiction in which he or she
107      practices.
108                10.       "Waiting period" means the period specified in a pet
109      insurance policy which is required to transpire before s ome or
110      all of the coverage in the policy may begin. This period may not
111      be applied to renewals of existing coverage.
112                11.       "Wellness program" means a subscription or
113      reimbursement-based program that is separate from an insurance
114      policy and that provides goods and services to promote the
115      general health, safety, or well-being of the pet. If the
116      subscription or program includes language such as "undertakes to
117      indemnify another," "pays a specified amount upon determinable
118      contingencies," or "provides coverage for a fortuitous event,"
119      the subscription or program is transacting in the business of
120      insurance and is subject to the Florida Insurance Code. This
121      definition is not intended to classify a contract directly
122      between a service provider and a pet owner which involves only
123      the two parties as being the business of insurance, unless other
124      indications of insurance also exist.
125                (b)       If a pet insurer uses any of the terms defined in

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         HB 1465                                                                                               2024




126      paragraph (a) in a pet insurance policy, the pet insurer must
127      use the definition of each term as provided in paragraph (a) and
128      include the definition of each term in the policy. The pet
129      insurer must also make the definition available through a clear
130      and conspicuous link on the main page of the website of the pet
131      insurer or the pet insurer's program administrator.
132                (4)       DISCLOSURES.—
133                (a)       A pet insurer transacting pet insurance shall disclose
134      the following to pet insurance applicants and policyholders:
135                1.    A coverage exclusion due to any of the following:
136                a.    A chronic condition;
137                b.    A congenital anomaly or disorder;
138                c.    A hereditary disorder; or
139                d.    A preexisting condition.
140                2.    Any other exclusions in the following statement: "Other
141      exclusions may apply. Please refer to the exclusions section of
142      the policy for more information."
143                3.    A policy provision that limits coverage through a
144      waiting period, a deductible, a coinsurance, or an annual or
145      lifetime policy limit.
146                4.    A reduction of coverage or an increase in premium based
147      on the policyholder's claim history, the age of the covered p et,
148      or a change in the geographic location of the policyholder.
149                5.    Any difference between the underwriting company and the
150      brand name used to market and sell the pet insurance.

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         HB 1465                                                                                               2024




151                (b)1.     Unless the policyholder has filed a claim under the
152      pet insurance policy, a pet insurance applicant or policyholder
153      may examine and return the policy or rider to the pet insurer or
154      pet insurance agent or broker within 30 days after the applicant
155      or policyholder obtains the receipt and have the premium
156      refunded if, after examining the policy or rider, the applicant
157      or policyholder is not satisfied for any reason.
158                2.    A pet insurance policy and rider must have a notice
159      prominently printed on or attached to the first page which
160      includes specific instructions to accomplish a return, in type
161      at least as large as any type appearing on the policy or rider
162      contract, in substantially the following language:
163
164                You have 30 days from the day you receive this policy,
165                certificate, or rider to review it and return it to
166                the company if you decide not to keep it. You do not
167                have to tell the company why you are returning it. If
168                you decide not to keep it, simply return it to the
169                company at its administrative office or you may return
170                it to the insurance agent or broker that you bought it
171                from as long as you have not filed a claim. You must
172                return it within 30 days after the day you first
173                received it. The company will refund the full amount
174                of any premium paid within 30 days after it receives
175                the returned policy, certificate, or rider. The

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         HB 1465                                                                                               2024




176                premium refund will be sent directly to the person who
177                paid it. The policy, certificate, or rider will be
178                void as if it had never been issued.
179
180                (c)       A pet insurer shall clearly disclose in a summary
181      description in the pet insurance policy the basis or formula on
182      which the pet insurer determines claim payments. This disclosure
183      must be provided before the policy issuance and through a clear
184      and conspicuous link on the main page of the website of the pet
185      insurer or the pet insurer's program administrator.
186                (d)       A pet insurer that uses a benefit schedule to
187      determine claim payment under a pet insurance policy shall:
188                1.    Clearly disclose the applicable benefit schedule in the
189      policy; and
190                2.    Disclose all benefit schedules used by the pet insurer
191      under its pet insurance policies through a clear and conspicuous
192      link on the main page of the website of the pet insurer or the
193      pet insurer's program administrator.
194                (e)       A pet insurer that determines claim payments under a
195      pet insurance policy based on usual and customary fees, or any
196      other reimbursement limitation based on prevailing veterinary
197      service provider charges, shall do the following:
198                1.    Include a usual and customary fee limitation provision
199      in the policy which clearly describes the pet insurer's basis
200      for determining usual and customary fees and how that basis is

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201      applied in calculating claim payments; and
202                2.    Disclose the pet insurer's basis for determining usual
203      and customary fees through a clear and conspicuous link on the
204      main page of the website of the pet insurer or the pet insurer's
205      program administrator.
206                (f)       If any medical examination by a licensed veterinarian
207      is required to bring about coverage, the pet insurer shall
208      clearly and conspicuously disclose the required aspects of the
209      examination before a policy purchase and disclose that
210      examination documentation may result in a preexisting condition
211      exclusion.
212                (g)       Waiting periods and the requirements applicable to
213      waiting periods must be clearly and prominently disclosed to
214      applicants before a policy purchase.
215                (h)       The pet insurer shall make a summary of all policy
216      provisions required in paragraphs (a) through (g) in a separate
217      document titled "Insurer Disclosure of Important Policy
218      Provisions" and shall post on the main page of the website of
219      the pet insurer or the pet insurer's program administrator a
220      clear and conspicuous link to the document.
221                (i)       At the time a new pet insurance policy is issued, the
222      pet insurer shall provide to the policyholder a copy of the
223      "Insurer Disclosure of Important Policy Provisions" document
224      required under paragraph (h). The document must be printed in at
225      least 12-point type.

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226                (j)       At the time a pet insurance policy is issued or
227      delivered, the pet insurer shall include a written disclosure
228      with the following information, printed in 12-point boldface
229      type:
230                1.    The mailing address, toll-free telephone number, and
231      website address of the Office of Insurance Regulation.
232                2.    The address and customer service telephone number of
233      the pet insurer or the agent or broker of record.
234                3.    If the policy is issued or delivered by an agent or
235      broker, a statement advising the policyholder to contact the
236      agent or broker for assistance.
237                (k)       The disclosures required in this subsection must be in
238      addition to any other disclosure required by law or regulation.
239                (5)       POLICY CONDITIONS.—
240                (a)       A pet insurer may issue a policy that excludes
241      coverage on the basis of one or more preexisting conditions with
242      appropriate disclosure to the applicant or policyholder. The pet
243      insurer has the burden of proving that the preexisting condition
244      exclusion applies to the condition for which a claim is being
245      made.
246                (b)       A pet insurer may issue a policy imposing a waiting
247      period before the effective date of a new policy which does not
248      exceed 30 days for illnesses or diseases or for orthopedic
249      conditions not resulting from an accident. A waiting period for
250      accidents is prohibited.

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         HB 1465                                                                                               2024




251                1.    A pet insurer issuing a policy that imposes a waiting
252      period shall include a provision in its contract which allows
253      the waiting period to be waived upon completion of a medical
254      examination. The pet insurer may require the examination to be
255      conducted by a licensed veterinarian after the purchase of the
256      policy.
257                a.    A medical examination under this subparagraph shall be
258      paid for by the policyholder, unless the policy specifies that
259      the pet insurer will pay for the examination.
260                b.    A pet insurer may specify elements to be included as
261      part of the examination and require documentation thereof,
262      provided that the specifications do not unreasonably restrict
263      the ability of the applicant or policyholder to waive the
264      waiting period.
265                2.    A waiting period, and the requirements applicable to a
266      waiting period, must be clearly and prominently disclosed to an
267      applicant before the policy purchase.
268                (c)       A pet insurer may not require a medical examination of
269      the covered pet for the policyholder to renew a policy.
270                (d)       If a pet insurer includes any prescriptive, wellness,
271      or noninsurance benefit in the policy form, the benefit is made
272      part of the policy contract and must comply with all of the
273      applicable provisions of the Florida Insurance Code.
274                (e)       An applicant's eligibility to purchase a pet insurance
275      policy must not be based on participation, or lack of

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276      participation, in a separate wellness program.
277                (6)       SALES PRACTICES FOR WELLNESS PROGRAMS.—
278                (a)       A pet insurer or a pet insurance agent or broker may
279      not market a wellness program as pet insurance.
280                (b)       If a wellness program is sold by a pet insurer or a
281      pet insurance agent or broker:
282                1.    The purchase of the wellness program must not be a
283      requirement to the purchase of pet insurance;
284                2.    The costs of the wellness program must be separate and
285      identifiable from any pet insurance policy sold by a pet insurer
286      or a pet insurance agent or broker;
287                3.    The terms and conditions for the wellness program must
288      be separate from any pet insurance policy sold by a pet insurer
289      or an agent or broker;
290                4.    The products or coverages available through the
291      wellness program may not duplicate the products or coverages
292      available through the pet insurance policy;
293                5.    The advertising of the wellness program must not be
294      misleading and must be in accordance with this paragraph; and
295                6.    A pet insurer or a pet insurance agent or broker shall
296      clearly disclose the following information to applicants and
297      policyholders, printed in 12-point boldface type:
298                a.    That wellness programs are not insurance;
299                b.    The address and customer service telephone number of
300      the pet insurer or the pet insurance agent or broker of record;

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         HB 1465                                                                                               2024




301      and
302                c.    The mailing address, toll-free telephone number, and
303      website address of the Office of Insurance Regulation.
304                (c)       Coverages included in the pet insurance policy
305      contract described as wellness benefits are insurance.
306                (7)       AGENT AND BROKER TRAINING.—
307                (a)       An agent or broker may not sell, solicit, or negotiate
308      a pet insurance policy until after the agent or broker is
309      appropriately licensed and has completed the required training
310      specified in paragraph (c).
311                (b)       Pet insurers shall ensure that its agents and brokers
312      are trained on the topics specified in paragraph (c) and that
313      its agents and brokers have been appropriately trained on th e
314      coverages and conditions of its pet insurance products.
315                (c)       The training required under this subsection must
316      include information on all of the following topics:
317                1.    Preexisting conditions and waiting periods.
318                2.    The differences between pet insurance and noninsurance
319      wellness programs.
320                3.    Chronic conditions, congenital anomalies or disorders,
321      and hereditary disorders and the way pet insurance policies
322      interact with those conditions or disorders.
323                4.    Rating, underwriting, renewal, and other related
324      administrative topics.
325                (d)       The satisfaction of the training requirements of

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         HB 1465                                                                                               2024




326      another state which are substantially similar to the provisions
327      of paragraph (c) are deemed to satisfy the training requirements
328      in this state.
329                (8)        VIOLATIONS.—A violation of this section may subject
330      the party committing the violation to penalties under the
331      Florida Insurance Code.
332                (9)        SUPERSEDED PROVISIONS; CONSTRUCTION.—
333                (a)        All other applicable provisions of the insurance laws
334      apply to pet insurance, except that the specific provisions of
335      this section supersede any general provisions of law which would
336      otherwise apply to pet insurance.
337                (b)        This section does not in any way:
338                1.     Prohibit or limit the types of exclusions that pet
339      insurers may use in their policies; or
340                2.     Require pet insurers to have any of the limitations or
341      exclusions described in this section.
342                (10)       RULES AND REGULATIONS.—The commission may adopt rules
343      and regulations necessary to administer this section.
344                Section 2.        This act shall take effect January 1, 2025.




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                      INSURANCE & BANKING SUBCOMMITTEE

                                HB 1465 by Rep. Tuck
                        Pet Insurance and Wellness Programs

                                AMENDMENT SUMMARY
                                   February 1, 2024

Amendment 1 by Rep. Tuck (strike-all): The amendment revises the bill to better integrate its
provisions within the framework of the Florida Insurance Code.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1465    (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                     (Y/N)
       ADOPTED AS AMENDED          (Y/N)
       ADOPTED W/O OBJECTION       (Y/N)
       FAILED TO ADOPT             (Y/N)
       WITHDRAWN                   (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Insurance & Banking
 2     Subcommittee
 3     Representative Tuck offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:

 7          Section 1. Section 624.604, Florida Statutes, is amended to
 8     read:
 9          624.604 “Property insurance” defined.—“Property insurance”
10     is insurance on real or personal property of every kind and of
11     every interest therein, whether on land, water, or in the air,
12     against loss or damage from any and all hazard or cause, and
13     against loss consequential upon such loss or damage, other than
14     noncontractual legal liability for any such loss or damage.
15     Property insurance includes pet insurance that provides coverage
16     for accidents and for illnesses or diseases of pets. Property

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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1465   (2024)
       Amendment No. 1



17     insurance may contain a provision for accidental death or injury
18     as part of a multiple peril homeowner’s policy. Such insurance,
19     which is incidental to the property insurance, is not subject to
20     the provisions of this code applicable to life or health
21     insurance. Property insurance does not include title insurance,
22     as defined in s. 624.608.
23          Section 2. Paragraph (hh) is added to subsection (1) of
24     section 626.9541, Florida Statutes, to read:
25          626.9541 Unfair methods of competition and unfair or
26     deceptive acts or practices defined.—
27          (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
28     ACTS.—The following are defined as unfair methods of competition
29     and unfair or deceptive acts or practices:
30          (hh) Sales practices for pet wellness programs.—
31          1. A pet insurance agent may not market a wellness program
32     as pet insurance.
33          2. If a wellness program is sold by a pet insurance agent:
34          a. The purchase of the wellness program may not be a
35     prerequiste to the purchase of pet insurance;
36          b. The costs of the wellness program must be separate and
37     identifiable from any pet insurance policy sold by the pet
38     insurance agent;
39          c. The terms and conditions of the wellness program must be
40     separate from any pet insurance policy sold by the agent;
41          d. The products or coverages available through the wellness
42     program may not duplicate the products or coverages available

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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1465     (2024)
       Amendment No. 1



43     through the pet insurance policy; and
44            e. The advertising of the wellness program must not be
45     misleading.
46            Section 3. Section 627.71545, Florida Statutes, is created
47     to read:
48            627.71545 Pet insurance; noninsurance wellness programs.—
49            (1) This section may be cited as the “Pet Insurance Act.”
50            (2) The purpose of this section is to promote the public
51     welfare by creating a comprehensive regulatory framework within
52     which pet insurance may be sold in this state.
53            (3) This section applies to all of the following:
54            (a) Pet insurance policies that are issued to any resident
55     of this state or that are sold, solicited, negotiated, or
56     offered in this state.
57            (b) Pet insurance policies or certificates that are
58     delivered or issued for delivery in the state.
59            (4)(a) This section may not be construed to prohibit or
60     limit the types of exclusions pet insurers may use in their
61     policies or to require pet insurers to include in such policies
62     any of the limitations or exclusions specified in subsection
63     (9).
64            (b) All other applicable provisions of the Florida
65     Insurance Code apply to pet insurance, except that this section
66     supersedes any general provisions of the Florida Insurance Code
67     which otherwise apply to pet insurance.
68            (5)(a) As used in this section, the term:

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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1465   (2024)
       Amendment No. 1



69          1. “Chronic condition” means a condition that can be
70     treated or managed, but not cured.
71          2. “Congenital anomaly or disorder” means a condition that
72     is present from birth, whether inherited or caused by the
73     environment, and that may cause or contribute to illness or
74     disease.
75          3. “Hereditary disorder” means an abnormality that is
76     genetically transmitted from parent to offspring and may cause
77     illness or disease.
78          4. “Orthopedic” refers to a condition that affects the
79     bones, skeletal muscle, cartilage, tendons, ligaments, or
80     joints. Orthopedic conditions include, but are not limited to,
81     elbow dysplasia, hip dysplasia, intervertebral disc
82     degeneration, patellar luxation, and cranial cruciate ligament
83     rupture but do not include any cancer or any metabolic,
84     hematopoietic, or autoimmune disease.
85          5. “Pet insurance” means an insurance policy that provides
86     coverage for accidents and for illnesses and diseases of pets.
87     Such insurance reimburses a policyholder for expenses associated
88     with medical advice, diagnosis, care, or treatment provided by a
89     veterinarian, including, but not limited to, the cost of drugs
90     prescribed by the veterinarian.
91          6. “Pet insurance policy” or “policy” includes pet
92     insurance certificates.
93          7. “Preexisting condition” means a condition for which any
94     of the following is true before the effective date or during a

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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1465   (2024)
        Amendment No. 1



 95     waiting period applicable to a pet insurance policy:
 96          a. A veterinarian provided medical advice.
 97          b. The pet received previous treatment.
 98          c. Based on information from verifiable sources, the pet
 99     had signs or symptoms directly related to the condition for
100     which a claim is being made.
101
102     A condition for which coverage is afforded on a policy is not
103     deemed to be a preexisting condition on any renewal of the
104     policy.
105          8. “Renewal” means the issuance and delivery at the end of
106     an insurance policy period of a policy that supersedes the
107     policy previously issued and delivered by the same pet insurer
108     or affiliated pet insurer and that provides types and limits of
109     coverage substantially similar to those contained in the policy
110     being superseded.
111          9. “Veterinarian” means a health care practitioner who is
112     licensed to engage in the practice of veterinary medicine in
113     Florida under chapter 474.
114          10. “Waiting period” means the period of time specified in
115     a pet insurance policy which is required to run before some or
116     all of the coverage in the policy may begin. This period may not
117     be applied to renewals of existing coverage.
118          11. “Wellness program” means a subscription or
119     reimbursement-based program that is separate from an insurance
120     policy and that provides goods and services to promote the

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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1465   (2024)
        Amendment No. 1



121     general health, safety, or well-being of the covered pet. If the
122     subscription or program includes language such as “undertakes to
123     indemnify another,” “pays a specified amount upon determinable
124     contingencies,” or “provides coverage for a fortuitous event,”
125     the subscription or program is transacting in the business of
126     insurance and is subject to the Florida Insurance Code. This
127     definition is not intended to classify a contract directly
128     between a service provider and a pet owner which involves only
129     the two parties as being the business of insurance, unless other
130     indications of insurance also exist.
131          (b) If a pet insurer uses any of the terms defined in
132     paragraph (a) in a pet insurance policy, the pet insurer must
133     use the definition of each term as provided in paragraph (a) and
134     must include each such definition in the policy. The pet insurer
135     must also make such definitions available through a clear and
136     conspicuous link on the main page of the website of the pet
137     insurer or the pet insurer’s program administrator.
138          (6)(a) A pet insurer transacting pet insurance must
139     disclose the following to pet insurance applicants and
140     policyholders:
141          1. Whether the policy excludes coverage due to any of the
142     following:
143          a. A chronic condition;
144          b. A congenital anomaly or disorder;
145          c. A hereditary disorder; or
146          d. A preexisting condition.

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                                                   Bill No. HB 1465   (2024)
        Amendment No. 1



147          2. If the policy includes any other exclusions not listed
148     in subparagraph 1., the pet insurer must state the following in
149     the disclosure: “Other exclusions may apply. Please refer to the
150     exclusions section of the policy for more information.”
151          3. Any policy provision that limits coverage through a
152     waiting period, a deductible, a coinsurance payment, or an
153     annual or lifetime policy limit. Waiting periods and applicable
154     requirements must be clearly and prominently disclosed to
155     applicants before the policy purchase.
156          4. Whether the pet insurer reduces coverage or increases
157     premium based on the policyholder’s claim history, the age of
158     the covered pet, or a change in the geographic location of the
159     policyholder.
160          5. Whether the underwriting company differs from the brand
161     name used to market and sell the pet insurance.
162          (b) Before issuing a pet insurance policy, a pet insurer
163     shall, through a clear and conspicuous link on the main page of
164     the pet insurer’s or the pet insurer’s program administrator’s
165     website, provide a summary description of the basis or formula
166     for the pet insurer’s determination of claim payments under the
167     policy.
168          1. A pet insurer that uses a benefit schedule to determine
169     claim payments under a pet insurance policy must clearly
170     disclose both of the following:
171          a. The applicable benefit schedule in the policy.
172          b. All benefit schedules used by the pet insurer under its

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                                                   Bill No. HB 1465   (2024)
        Amendment No. 1



173     pet insurance policies through a clear and conspicuous link on
174     the main page of the pet insurer’s or pet insurer’s program
175     administrator’s website.
176          2. A pet insurer that determines claim payments under a pet
177     insurance policy based on usual and customary fees, or any other
178     reimbursement limitation based on prevailing veterinary service
179     provider charges, shall do both of the following:
180          a. Include a usual and customary fee limitation provision
181     in the policy which clearly describes the pet insurer’s basis or
182     formula for determining usual and customary fees and the manner
183     in which that basis or formula is applied in calculating claim
184     payments.
185          b. Disclose the pet insurer’s basis for determining usual
186     and customary fees through a clear and conspicuous link on the
187     main page of the pet insurer’s or pet insurer’s program
188     administrator’s website.
189          (c) If any medical examination of the pet by a veterinarian
190     is required to effectuate coverage, the pet insurer must clearly
191     and conspicuously disclose any requirement for the examination
192     before the policy is purchased and must disclose that
193     examination documentation may result in a preexisting condition
194     exclusion.
195          (d) A pet insurer shall create a summary of all policy
196     disclosures required in paragraphs (a), (b), and (c) in a
197     separate document titled “Insurer Disclosure of Important Policy
198     Provisions.” The pet insurer shall post the document through a

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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1465   (2024)
        Amendment No. 1



199     clear and conspicuous link on the main page of the pet insurer’s
200     or pet insurer’s program administrator’s website.
201          (e) At the time a pet insurance policy is issued or
202     delivered to a policyholder, the pet insurer shall provide the
203     policyholder with a copy of the Insurer Disclosure of Important
204     Policy Provisions document required under paragraph (d), in at
205     least 12-point type. At such time, the pet insurer shall also
206     include a written disclosure with all of the following:
207          1. Contact information for the Division of Consumer
208     Services of the department, including a link and toll -free
209     telephone number, for consumers to submit inquiries and
210     complaints relating to pet insurance products regulated by the
211     department or office.
212          2. The address and customer service telephone number of the
213     pet insurance agent.
214          (f) The disclosures required in this subsection are in
215     addition to any other disclosures required by the insurance code
216     or rules prescribed by the commission.
217          (7) Unless the policyholder has filed a claim under the pet
218     insurance policy, a pet insurance applicant or policyholder may
219     examine and return the policy or rider to the pet insurer or pet
220     insurance agent or broker within 30 days after the applicant or
221     policyholder obtains the receipt and is entitled to the premium
222     refunded if, after examining the policy or rider, he or she is
223     not satisfied for any reason.
224          (8) A pet insurance policy and rider must have a notice

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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1465   (2024)
        Amendment No. 1



225     prominently printed on or attached to the first page which
226     includes specific instructions to accomplish a return, in type
227     at least as large as any type appearing on the policy or rider
228     contract and in substantially the following language:
229
230          You have 30 days from the day you receive this policy,
231          certificate, or rider to review it and return it to
232          the company if you decide not to keep it. You do not
233          have to tell the company why you are returning it. If
234          you decide not to keep policy, certificate, or rider,
235          simply return it to the company at its administrative
236          office or return it to the insurance agent or broker
237          who you bought it from as long as you have not filed a
238          claim. You must return policy, certificate, or rider
239          within 30 days after the day you first received it in
240          order to receive a refund. The company must refund the
241          full amount of any premium paid within 30 days after
242          it receives the returned policy, certificate, or
243          rider. The premium refund will be sent directly to the
244          person who paid it. The policy, certificate, or rider
245          will be void as if it had never been issued.
246
247          (9)(a) A pet insurer may issue a policy that excludes
248     coverage on the basis of one or more preexisting conditions with
249     appropriate written disclosure to the applicant or policyholder.
250     The pet insurer has the burden of proving that the preexisting

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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1465   (2024)
        Amendment No. 1



251     condition exclusion applies to the condition for which a claim
252     is being made.
253          (b)1. A pet insurer may issue a policy imposing a waiting
254     period before the effective date of a new policy which does not
255     exceed 30 days for illnesses or diseases or for orthopedic
256     conditions not resulting from an accident. A pet insurer may not
257     issue a policy imposing a waiting period for accidents.
258          2. A pet insurer issuing a policy that imposes a waiting
259     period must include a provision in its contract which allows the
260     waiting period to be waived upon completion of a medical
261     examination of the pet by a veterinarian. The pet insurer may
262     require the examination to be conducted by a veterinarian after
263     the purchase of the policy.
264          a. A medical examination required under this subparagraph
265     must be paid for by the policyholder, unless the policy
266     specifies that the pet insurer will pay for the examination.
267          b. A pet insurer may specify requirements for the
268     examination and require documentation that the requirements have
269     been satisfied, provided that the specifications do not
270     unreasonably restrict the ability of the applicant or
271     policyholder to waive the waiting period.
272          (c) A pet insurer may not require a medical examination of
273     the covered pet for the policyholder to renew a policy.
274          (d) If a pet insurer includes any prescriptive, wellness,
275     or noninsurance benefit in the policy form, the benefit is made
276     part of the policy contract and must comply with all of the

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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1465   (2024)
        Amendment No. 1



277     applicable provisions of the Florida Insurance Code.
278          (e) An applicant’s eligibility to purchase a pet insurance
279     policy may not be based on his or her participation, or lack of
280     participation, in a separate wellness program.
281          (10)(a) Pet insurers must ensure that its agents are
282     trained on the topics specified in paragraph (b) and that its
283     agents have been appropriately trained on the coverages and
284     conditions of its pet insurance products.
285          (b) The training required under this subsection must
286     include information on all of the following topics:
287          1. Preexisting conditions and waiting periods.
288          2. The differences between pet insurance and noninsurance
289     wellness programs.
290          3. Chronic conditions, congenital anomalies or disorders,
291     and hereditary disorders and the way pet insurance policies
292     address those conditions or disorders.
293          4. Rating, underwriting, renewal, and other related
294     administrative topics.
295          (11) The commission may adopt rules necessary to administer
296     this section.
297     Section 4. This act shall take effect January 1, 2025.
298
299           -----------------------------------------------------
300                          T I T L E   A M E N D M E N T
301          Remove lines 3-41 and insert:



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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1465   (2024)
        Amendment No. 1


302     programs; amending s. 624.604, F.S.; revising the definition of
303     the term “property insurance”; amending s. 626.9541, F.S.;
304     providing that certain practices related to pet wellness
305     programs are unfair methods of competition and unfair or
306     deceptive acts or practices; creating s. 627.71545, F.S.;
307     providing a short title; providing the purpose of the act;
308     providing applicability; providing construction; defining terms;
309     requiring pet insurers that use such defined terms in their pet
310     insurance policies to use the statutory definition in their
311     policies; requiring pet insurers to also make such definitions
312     available on their website or their program administrator’s
313     website; requiring pet insurers to make certain disclosures to
314     pet insurance applicants and policyholders; requiring pet
315     insurers to provide a summary of their bases or formulas for
316     determination of claim payments under a pet insurance policy on
317     their website or their program administrator’s website;
318     requiring pet insurers to disclose certain requirements for
319     required medical examinations of a pet by a veterinarian;
320     requiring pet insurers to create a document with a summary of
321     certain disclosures, to post such document on their website or
322     their program administrator’s website, and, upon issuance or
323     delivery of a policy to a policyholder, to provide the
324     disclosure document to the policyholder; requiring additional
325     written disclosures; providing that certain required disclosures
326     are in addition to disclosures required by the insurance code or
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1465   (2024)
        Amendment No. 1


327     Financial Services Commission rule; authorizing pet insurance
328     applicants and policyholders to examine and return insurance
329     policies and riders under certain circumstances; requiring that
330     premiums be refunded under certain circumstances; requiring that
331     pet insurance policies and riders have a specified notice
332     printed on or attached to the first page; authorizing pet
333     insurers to issue policies that exclude coverage on the basis of
334     preexisting conditions with appropriate written disclosure to
335     the applicant or policyholder; providing that the pet insurer
336     has a specified burden of proof with regard to such exclusions;
337     authorizing pet insurers to issue policies that impose a waiting
338     period of up to a specified period of time for specified
339     illnesses, diseases, or conditions; prohibiting pet insurers
340     from issuing policies imposing a waiting period for accidents;
341     requiring pet insurers who issue a policy that imposes a waiting
342     period to include a provision allowing for waiver of the waiting
343     period upon completion of a medical examination of the covered
344     pet by a veterinarian; authorizing pet insurers to require an
345     examination to be conducted by a veterinarian after the purchase
346     of the policy; imposing a requirement and making an
347     authorization related to such examination; prohibiting a pet
348     insurer from requiring a medical examination of the covered pet
349     to renew a policy; requiring that certain benefits comply with
350     certain provisions of the Florida Insurance Code; prohibiting
351     insurance applicants’ eligibility from being based on
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1465   (2024)
        Amendment No. 1


352     participation or lack of participation in wellness programs;
353     requiring pet insurers to ensure that its agents are trained on
354     specified topics; providing rulemaking authority; providing an
355     effective date.




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HB 1611
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1611 Insurance
SPONSOR(S): Stevenson and others
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                 ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                               Fortenberry        Lloyd

    2) State Administration & Technology
       Appropriations Subcommittee

    3) Commerce Committee


                                          SUMMARY ANALYSIS
Among the variety of changes regarding insurance, the bill:

     Data reporting: requires that the information that property insurers were reporting to the Office of Insurance
      Regulation (OIR) on a quarterly basis be reported on a monthly basis; and, that the data must be reported
      based on zip code rather than county.

     Property insurance policy nonrenewals: provides the Financial Services Commission with express
      rulemaking authority to adopt rules and forms to regulate how, and in what format, insurers will provide notice
      to OIR of nonrenewal of more than 10,000 residential property insurance policies within a 12-month period.

     Public housing authority (PHA) self-insurance trust funds: revises the maximum per-loss occurrence
      amount that a PHA self-insurance fund may retain from $350,000 to an amount that the fund can withstand,
      as long as it maintains a continuing program of excess insurance coverage and reinsurance to protect the
      stability of the fund, and meets certain additional criteria.

     Prohibition on cancellation of surplus lines property insurance policies: restricts the ability for surplus
      lines insurers to cancel or nonrenew personal and commercial lines residential insurance policies due to
      unrepaired damage after a hurricane.

     Hurricane modeling: specifies that if an insurer uses the average of two or more models in its rate filing, the
      same average model must be used throughout the state. However, if the insurer uses a weighted average, it
      must provide OIR with a justification for using the weighted average, which shows that it results in a rate that
      is reasonable, adequate, and fair.

     Citizens Property Insurance Corporation: eliminates the statutory provision that allows Citizens to charge
      up to 50 percent above the established Citizens rate for policyholders whose coverage was last provided by
      an insurer determined to be unsound or place into receivership.

     Reciprocal Insurers: updates the statutory chapter regarding reciprocal insurers to align it with OIR’s
      existing authority to license and regulate other types of insurers, including significant changes to the
      application and acquisition processes.

The bill has no impact on local or state government revenues. It may have positive impact on local government
expenditures, a negative impact on state government expenditures, and an indeterminate negative direct
economic impact on the private sector.

The bill is effective on July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1611.IBS
DATE: 1/31/2024
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        DATA REPORTING

        Background

        Each insurer doing business in Florida must file a report containing certain information with the Office of
        Insurance Regulation (OIR) on a quarterly basis. 1 The report must contain premium information for
        each of the property lines of business.2 It must also contain the following information for each county on
        a monthly basis:
             Total number of policies in force at the end of each month.
             Total number of policies canceled.
             Number of policies canceled due to hurricane risk.
             Number of policies nonrenewed due to hurricane risk.
             Number of new policies written.
             Total dollar value of structure exposure under policies that include wind coverage.
             Number of policies that exclude wind coverage.
             Number of claims open each month.
             Number of claims closed each month.
             Number of claims pending each month.
             Number of claims in which either the insurer or insured invoked any form of alternative dispute
               resolution (ADR), and specifying which form of ADR was invoked. 3

        OIR is required to aggregate this data on a statewide basis and make it available to the public on its
        website.4 OIR uses this data to track market trends and shares it with the Florida Division of
        Emergency Management after natural disasters to help determine where emergency response is most
        necessary.5

        While the data is reported on a county-by-county basis, insurers already collect data that would allow
        them to report on a zip-code basis instead.6

        Effect of the Bill

        Pursuant to the bill, the information that property insurers were reporting to OIR on a quarterly basis
        must be reported on a monthly basis instead. Additionally, the bill requires that the data is reported
        based on zip code rather than county. These changes will allow OIR to receive more accurate data on
        an expedited basis.7




1 S. 624.424(10)(a),  F.S. For the purpose of these reports, the property insurance lines include personal and commercial
residential property insurance.
2 Id.
3 Id.
4 S. 624.424(10)(b), F.S.
5 Office of Insurance Regulation (OIR), Agency Analysis of 2024 House Bill 1611, p. 2 (Jan. 21, 2024).
6 Id.
7 OIR has indicated that the data is constantly changing and that it is outdated by the time they receive it on a quarterly

basis.
STORAGE NAME: h1611.IBS                                                                                              PAGE: 2
DATE: 1/31/2024
        PROPERTY INSURANCE POLICY NONRENEWALS

        Background

        Any property insurer planning to nonrenew more than 10,000 residential property insurance policies in
        Florida within a 12-month period must give written notice to OIR 90 days before the issuance of any
        notices of nonrenewal.8 While the notice is for informational purposes only, it must include:
             the insurer’s reasons for the action;
             the effective dates of nonrenewal; and
             any arrangements the insurer has made for other insurers to offer coverage to the affected
                policyholders.9

        The law regarding this notice does not contain a grant of rulemaking authority to allow the Financial
        Services Commission (FSC)10 to adopt rules and forms to administer it.

        Effect of the Bill

        The bill provides the FSC with express rulemaking authority to adopt rules and forms to regulate how,
        and in what format, insurers will provide notice to OIR of nonrenewal of more than 10,000 residential
        property insurance policies within a 12-month period.

        PUBLIC HOUSING SELF-INSURANCE T RUST FUND

        Background

        Florida law provides for a public housing authority (PHA) in each city and county in the state where the
        local governing body has declared the need for such an authority based upon the lack of safe or
        sanitary dwellings within the city or county.11 Two or more PHAs in Florida may form a self-insurance
        fund to pool and spread their members’ casualty and real or personal property risks, as long as the self-
        insurance fund:12
             has annual premiums that exceed $5 million;
             uses a qualified actuary:
                   o to determine rates and submits an annual certification to OIR that the rates are
                        actuarially sound and not inadequate;
                   o to establish loss and loss adjustment expense reserves and submits an annual
                        certification to OIR that such reserves are adequate; and
                   o maintains a continuing program of excess insurance coverage and reserve evaluation to
                        protect the self-insurance fund’s financial stability, as determined by the actuary.

        At a minimum, the PHA self-insurance program must purchase excess insurance from authorized
        insurance carriers or eligible surplus lines carriers, but cannot retain liability of more $350,000, per
        occurrence. However, if the excess insurance is not available at such terms or is especially costly, a
        PHA self-insurance fund has limited ability to comply with the statute.

        Effect of the Bill

        The bill revises the maximum per-loss occurrence amount that a PHA self-insurance fund may retain
        from $350,000 to an amount that the fund can withstand, as long as it maintains a continuing program
        of excess insurance coverage and reinsurance to protect the stability of the fund, and, at a minimum:



8 S. 624.4305,   F.S.
9 Id.
10 The Financial ServicesCommission, composed of the Governor, the Attorney General, the Chief Financial Officer, and
the Commissioner of Agriculture, serves as agency head of OIR for the purposes of rulemaking.
11 Ss. 421.04 and 421.27, F.S.
12 S. 624.46226, F.S.
STORAGE NAME: h1611.IBS                                                                                        PAGE: 3
DATE: 1/31/2024
                includes a net retention selected by the fund administrator, ratified by the fund’s governing
                 body, and certified by a qualified actuary;
                includes reinsurance or excess insurance from authorized insurance carriers or eligible surplus
                 lines insurers; and
                is certified by a qualified, independent actuary as to the program’s adequacy.

        PROHIBITION ON CANCELLATION OF SURPLUS LINES PROPERTY INSURANCE POLICIES

        Background

        An authorized insurer may not cancel or nonrenew any personal residential or commercial residential
        property insurance policy covering a dwelling or residential property in Florida, including but not limited
        to, any homeowner, mobile home owner, farmowner, condominium association, condominium unit
        owner, apartment building, or other policy covering a residential structure or its contents:
             For 90 days after the dwelling or residential property has been repaired, if the property has been
                damaged as a result of a hurricane or wind loss that is the subject of a declaration of emergency
                and the filing of an order by the Insurance Commissioner. 13
             Until the earlier of when the dwelling or residential property has been repaired or one year after
                the insurer issues the final claim payment, if the property was damaged by a covered peril, but
                not a hurricane or wind loss.14

        However, an authorized insurer or agent may cancel or nonrenew a policy before the dwelling or
        residential property has been repaired:
              Upon 10 days’ notice for nonpayment of premium; or
              Upon 45 days’ notice for:
                     o A material misstatement or fraud related to the claim;
                     o If the insurer determines that the insured has unreasonably caused a delay in the repair;
                        or
                     o If the insurer has paid policy limits.15

        If an insurer elects to nonrenew a policy covering a property that has been damaged, the insurer must
        provide at least 90 days’ notice that the insurer intends to nonrenew the policy 90 days after the
        property has been repaired.16 A structure is considered repaired when substantially completed and
        restored to the extent that it is insurable by another authorized insurer writing policies in Florida. 17

        Section 626.9201, F.S., governs the cancellation or nonrenewal of personal and commercial residential
        property insurance policies issued by surplus lines insurers, but it does not include specific language
        regarding cancellation following a declared state of emergency.

        Effect of the Bill

        The bill amends s. 626.9201, F.S., to better align the cancellation and nonrenewal requirements with
        those currently in law for admitted insurers. Upon a declaration of emergency and the issuance of an
        order by the Insurance Commissioner, a surplus lines insurer may not cancel or nonrenew a personal
        residential or commercial residential property insurance policy covering a dwelling or residential
        property in Florida that has been damaged as a result of a hurricane that is the subject of the
        declaration of emergency for 90 days after the dwelling or residential property has been repaired.
        The bill establishes that a dwelling or residential property is deemed repaired when it is substantially
        completed and restored such that it is insurable by another insurer writing policies in Florida.




13 S. 627.4133(2)(e)1.a., F.S.
14 S. 627.4133(2)(e)1.b., F.S.
15 S. 627.4133(2)(e)2., F.S.
16 S. 627.4133(2)(e)3., F.S.
17 S. 627.4133(2)(e)5., F.S.
STORAGE NAME: h1611.IBS                                                                                     PAGE: 4
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         Additionally, a surplus lines insurer or agent may cancel or nonrenew a policy before the dwelling or
         residential property has been repaired:
              with 10 days’ notice for nonpayment of premium; or
              with 45 days’ notice:
                     o for a material misstatement or fraud related to the claim;
                     o if the insurer determines that the insured has unreasonably cause a delay in the repair of
                         the dwelling or residential property; or
                     o if the insurer has paid policy limits.

         Pursuant to the bill, if the surplus lines insurer elects to nonrenew a policy covering a dwelling or
         residential property that has been damaged, the insurer must provide at least 90 days’ notice to the
         insurer that it intends to nonrenew the policy 90 days after the dwelling or residential property has been
         repaired.

         HURRICANE M ODEL AVERAGES

         Background

         The law regarding OIR’s review and approval of residential property insurance rate filings requires that
         a rate filing consider mitigation measures that policyholders undertake to reduce hurricane losses.18 It
         sets forth the criteria under which OIR may disprove rate filings, including disproval of rates that it
         determines to be excessive, inadequate, or unfairly discriminatory. 19 The law also establishes criteria
         for the Commission’s consideration, and approval, of hurricane loss models and prescribes how those
         models affect OIR’s approval of property insurance rate filings. 20 With respect to residential property
         insurance rate filings, the rate filing may use a modeling indication that is the weighted or straight
         average of two or more hurricane loss models found to be accurate or reliable by the Commission.21
         The law does not require consistency in the model used, which potentially allows insurers to use
         different models to produce rates in various parts of the state.22

         Effect of the Bill

         The bill specifies that if an insurer uses the average of two or more models in its rate filing, the same
         average model must be used throughout the state. However, if the insurer uses a weighted average, it
         must provide OIR with a justification for using the weighted average, which shows that it results in a
         rate that is reasonable, adequate, and fair.

         CITIZENS PROPERTY INSURANCE CORPORATION

         Background

         From 2007 until 2010, Citizens’ rates were frozen by statute at the level that had been established in
         2006. In 2010, the Legislature established a “glidepath” to impose annual rate increases up to a level
         that is actuarially sound. Under this glidepath, Citizens had to implement an annual rate increase which,
         except for sinkhole coverage, does not exceed 10 percent above the previous year for any individual
         policyholder, adjusted for coverage changes and surcharges. In 2021, the Legislature revised this
         glidepath to increase it one percent per year to 15 percent, as follows: 23
              11 percent for 2022.
              12 percent for 2023.
              13 percent for 2024.
              14 percent for 2025.


18 S. 627.062(2)(j), F.S.
19 S. 627.062(2)(b),  F.S.
20 Ss. 627.0628-627.06281, F.S.
21 S. 627.062(2)(j), F.S.
22 OIR, supra note 5, at 3.
23 S. 627.351(6)(n)5., F.S.
STORAGE NAME: h1611.IBS                                                                                     PAGE: 5
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                 15 percent for 2026 and all subsequent years.

         The “glidepath,” which functions as a rate cap, is not closing the gap between Citizens rates and private
         market rates. Instead, because of the rate cap and the increasing rates of private property insurance,
         the gap is growing and making Citizens more like a competitor to private insurers than an insurer of last
         resort. Because Citizens’ rates are often well below those of private carriers, Citizens may be more
         competitive than otherwise intended. Due to Citizens’ structure, its rates do not contain certain
         elements that the rates of private insurers contain. Citizens does not pay taxes like private insurers and
         does not need to purchase as much reinsurance as private insurers because of Citizens’ higher levels
         of capital and surplus.24

         Until December 2022, Citizens’ rates did not differ based upon whether the property is a policyholder’s
         primary residence, a policyholder’s second home (e.g., a vacation home), or occupied by a long-term
         tenant.25 During Special Session 2022A, the Legislature removed the glidepath rate limitations for any
         new or renewal personal lines policy for non-primary residences written on or after November 1, 2023.
         The rate for these residences must be no more than 50 percent above, but not less than, the
         established rate for Citizens which was in effect one year before the date of the application for
         coverage.26

         In addition to non-primary residences, the “glidepath” normally imposed on Citizens year-to-year rate
         growth does not apply to policies where coverage for the risk insured by Citizens was last provided by
         an insurer determined by OIR to be unsound or placed into receivership due to impairment or
         insolvency.27 Instead, these risks must be no more than 50 percent above, but not less than, the
         established rate for Citizens which was in effect one year before the date of the application for
         coverage.28 The limitation on Citizens rate increases for non-primary residences and policies assumed
         from unsound insurers applies on a year-over-year basis, rather than being attached to a fixed date
         (i.e., the rate in effect the year before the date of application for coverage).

         Effect of the Bill

         The bill eliminates the statutory provision that allows Citizens to charge up to 50 percent above the
         established Citizens rate for policyholders whose coverage was last provided by an insurer determined
         to be unsound or place into receivership.29 The applicable rate would thus be subject to the glidepath
         limitation on rates.

         RECIPROCAL INSURERS

         Reciprocal insurance exchanges are a form of insurance organization in which businesses and
         individuals exchange insurance contracts and spread the risks associated with such contracts among
         themselves.30 Policyholders of a reciprocal insurance exchange are known as “subscribers.” 31

         Chapter 629, F.S., governs the regulation of reciprocal insurers in Florida. A reciprocal insurer may
         transact any kind of insurance other than title insurance in Florida.32

24 S. 627.351(6)(t), F.S. See also s. 627.351(6)(c)9. for information regarding Citizens purchase of reinsurance.

25 Citizens would not issue a personal lines policy to someone using a home as a short -term vacation rental as that is

considered a business use of the home.
26 S. 627.351(n)8., F.S.
27 Id. In practical effect, this means that such policyholders might continue to pay the premium amount that they paid their

prior insurer, not a lower premium that they might otherwise be charged by Citizens if subject to the rate increase
limitations.
28 Id.
29 OIR maintains that treating these policyholders differently because they were previously insured by an unsound,

impaired, or insolvent insurer is unfairly discriminatory and, therefore, does not meet the rating standards in s. 627.062,
F.S.
30 Julia Kagan and Eric Estevez, Reciprocal Insurance Exchange: Definition, How It Work s, Example (last updated Sep.

28, 2023), Investopedia, https://www.investopedia.com/terms/r/reciprocal-insurance-exchange.asp (last visited Jan. 29,
2024).
31 Id.
STORAGE NAME: h1611.IBS                                                                                              PAGE: 6
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        Typically, an advisory board manages a reciprocal insurance company. 33 The board is responsible for
        choosing and monitoring the attorney-in-fact, approving rates, and providing oversight of the operations
        of the reciprocal.34 Surpluses from premiums are held in separate surplus accounts devoted to a
        specific purpose, though the accounts can be commingled and used to pay claims against the
        policies.35

        Florida law provides that the advisory committee of a domestic reciprocal insurer exercising the
        subscribers’ rights must be selected under such rules as the subscribers adopt. 36 Not less than two-
        thirds of such committee may be subscribers other than the attorney, or any person employed by,
        representing, or having a financial interest in the attorney.37

        The committee must:
            Supervise the finances of the insurer;
            Supervise the insurer’s operations to such extent as to assure conformity with the subscribers’
              agreement and power of attorney;
            Procure the audit of the accounts and records of the insurer and of the attorney at the expense
              of the insurer; and
            Have such additional powers and functions as may be conferred by the subscribers’
              agreement.38

        Definitions

        Background

        The term “reciprocal insurance” is currently defined under ch. 629, F.S., as insurance resulting from an
        interexchange among subscribers of reciprocal agreements of indemnity, with the interexchange being
        effectuated through an “attorney in fact” common to all such parties. 39

        Additionally, the term “reciprocal insurer” is currently defined under ch. 629, F.S., as an unincorporated
        aggregation of subscribers operating individually and collectively through an attorney in fact to provide
        reciprocal insurance among themselves.40

        Effect of the Bill

        The bill creates definitions for the following terms in ch. 629, F.S.:
             “Affiliated person” of another person means any of the following:
                     o The spouse of the other person.
                     o The parents of the other person and their lineal descendants, or the parents of the other
                        person’s spouse and their lineal descendants.
                     o A person who directly or indirectly owns or controls, or holds with the power to vote, 10
                        percent or more of the outstanding voting securities of the other person.
                     o A person who directly or indirectly owns 10 percent or more of the outstanding voting
                        securities that are directly or indirectly owned or controlled, or held with the power to
                        vote, by the other person.
                     o A person or group of persons who directly or indirectly control, are controlled by, or are
                        under common control with the other person.

32 S. 629.041(1),  F.S. Such an insurer may purchase reinsurance and may grant reinsurance as to any kind of insurance it
is authorized to transact directly. See s. 629.041(2), F.S.
33 Id.
34 Id.
35 Id.
36 S. 629.201(1), F.S.
37 S. 629.201(2), F.S.
38 S. 629.201(3), F.S.
39 S. 629.011, F.S.
40 S. 629.021, F.S.
STORAGE NAME: h1611.IBS                                                                                           PAGE: 7
DATE: 1/31/2024
                       o    A person who is a director, officer, trustee, partner, owner, manager, joint venturer, or
                            an employee, or another person who is performing duties similar to those of a person in
                            one of the aforementioned positions.
                        o If the other person is an investment company, any investment adviser of such company
                            or any member of an advisory board of such company.
                        o If the other person is an unincorporated investment company not having a board of
                            directors, the depositor of such company.
                        o A person who has entered into an agreement, written or unwritten, to act in concert with
                            the other person in acquiring or limiting the disposition of:
                                 Securities of an attorney in fact or controlling company that is a stock
                                    corporation; or
                                 An ownership interest of an attorney in fact of a reciprocal insurer. The attorney
                                    in fact may be an individual, a corporation, or another person.
                   “Controlling company” means any person, corporation, trust, limited liability company,
                    association, or other entity owning, directly or indirectly, 10 percent or more of the voting
                    securities of one or more attorneys in fact that are stock corporations, or 10 percent or more of
                    the ownership interest of one or more attorneys in fact that are not stock corporations.

        The bill amends the current definition of “reciprocal insurer” to mean an insurer that is an incorporated
        aggregation of subscribers domiciled in this state operating individually and collectively through an
        attorney in fact to provide reciprocal insurance to such subscribers. A domestic reciprocal insurer must
        be licensed as an assessable or a nonassessable reciprocal insurer. The bill also provides that:
             An assessable reciprocal insurer may require that its subscribers make up any shortfall in
                capital and surplus to cover claims and expenses, either jointly or severally.
             A nonassessable reciprocal insurer has no recourse against subscribers for any shortfall in
                capital and surplus to cover claims and expenses.

        The bill retains the current definition of “reciprocal insurance.”

        Name of Reciprocal Insurer

        Background

        Under Florida law, a reciprocal insurer must have and use a business name. 41 The name must include
        the word “reciprocal,” “interinsurer,” “interinsurance,” “exchange,” “underwriters,” or “underwriting,” but
        the requirement currently does not apply to any insurer holding a certificate of authority to transact
        business in Florida immediately prior to the effective date of the Florida Insurance Code. 42 Currently, a
        reciprocal insurer must sue and be sued in its own name. 43

        Effect of the Bill

        The bill requires insurers holding a certificate of authority to transact business in Florida to have and
        use a business name, and requires such an insurer to have the word “reciprocal,” “interinsurer,”
        “interinsurance,” “exchange,” “underwriters,” or “underwriting” in its name.

        Additionally, the provides that a foreign or alien reciprocal insurer transacting business in Florida,
        whose name does not include the word “reciprocal,” “interinsurer,” “interinsurance,” “exchange,”
        “underwriters,” or “underwriting,” must use a fictitious name, registered in accordance with applicable
        law, which includes one of those words when transacting business in Florida.

        The bill also provides that a reciprocal may sue and be sued in its own name, rather than “must.”

        Premium Reserves

41 S. 629.051(1), F.S.
42 Chs. 624-632,  634, 635, 636, 641, 642, 648, and 651 constitute the “Florida Insurance Code.” See s. 624.01, F.S.
43 S. 629.051(2), F.S.
STORAGE NAME: h1611.IBS                                                                                           PAGE: 8
DATE: 1/31/2024
        Background

        Florida law does not currently require reciprocal insurers to maintain unearned premium reserves.

        Effect of the Bill

        The bill requires reciprocal insurers to maintain at all times unearned premium reserves equal to 50
        percent of the net written premiums of the subscribers on policies having 1 year or less to run, and pro
        rata on policies running for longer periods, except that all premiums on any marine or transportation
        insurance trip risk are deemed unearned until the trip is terminated.

        For purposes of this new requirement, the term “net written premiums” means the premium payments
        made by subscribers plus the premiums due from subscribers, after deducting the amounts specifically
        provided in the subscribers’ agreements for expenses, including reinsurance costs and fees paid to the
        attorney in fact, provided that the power of attorney agreement contains an explicit provision requiring
        the attorney in fact to refund any unearned subscriber fees on a pro rata basis for cancelled policies.

        In the absence of such a provision, the bill requires that the unearned premium reserves be calculated
        without any adjustment for fees paid to the attorney in fact. If the unearned premium reserves at any
        time are less than $300,000, the bill requires that additional funds in cash or eligible securities be
        maintained on deposit at the exchange at all times which, together with the unearned premium
        reserves, equal $300,000.

        In calculating the reserves, the amount of the attorney in fact’s bond filed with OIR must be included in
        such reserves. If at any time the unearned premium reserves are less than those required, the
        subscribers, or the attorney in fact, must advance funds to cover the deficiency. Such advances may
        only be repaid out of the surplus of the exchange and only after receiving written approval from OIR.

        Surplus Funds Required

        Background

        Under current law, a domestic reciprocal insurer formed under ch. 629, F.S. (if it has otherwise
        complied with the applicable provisions of the Florida Insurance Code) may be authorized to transact
        insurance if it has and thereafter maintains surplus funds of not less than $250,000.44 In addition to the
        required $200,000 in surplus funds, the insurer currently must have, when first so authorized, an
        expendable surplus of not less than $750,000.45

        Effect of the Bill

        The bill provides that the surplus required of a reciprocal insurer is as required in s. 624.407, F.S., as to
        the kind of insurance proposed to be transacted. The referenced s. 624.407, F.S., relates to minimum
        surplus required of new insurers based on the type of insurance proposed to be transacted.

        Organization of Reciprocal Insurer

        Background

        Twenty-five or more persons domiciled in Florida may organize a domestic reciprocal insurer and apply
        to OIR for a certificate of authority to transact insurance. 46 The proposed attorney must fulfill the
        requirements of, and must execute and file with OIR when applying for a certificate of authority, a
        declaration that sets forth:


44 S. 629.071(1),F.S.
45 S. 629.071(2),F.S.
46 S. 629.081, F.S.
STORAGE NAME: h1611.IBS                                                                                       PAGE: 9
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                   The name of the insurer;
                   The location of the insurer’s principal office, which must be the same as that of the attorney and
                    must be maintained within Florida;
                   The kinds of insurance proposed to be transacted;
                   The names and addresses of the original subscribers;
                   The designation and appointment of the proposed attorney and a copy of the power of attorney;
                   The names and addresses of the officers and directors of the attorney, if a corporation, or of its
                    members, if other than a corporation;
                   The powers of the subscribers’ advisory committee, and the names and terms of office of the
                    members thereof;
                   That all moneys paid to the reciprocal must, after deducting any sum payable to the attorney, be
                    held in the name of the insurer and for the purposes specified in the subscribers’ agreement;
                   A copy of the subscribers’ agreement;
                   A statement that each of the original subscribers has in good faith applied for insurance of a
                    kind proposed to be transacted, and that the insurer has received from each such subscriber the
                    full premium or premium deposit required for the policy applied for, for a term of not less than 6
                    months at an adequate rate that has been filed with and approved by OIR;
                   A statement of the financial condition of the insurer, a schedule of its assets, and a statement
                    that the surplus as described above is on hand; and
                   A copy of each policy, endorsement, and application form it then proposes to issue or use.47

        Effect of the Bill

        The bill clarifies that twenty-five or more persons domiciled in Florida who wish to organize as a
        domestic reciprocal insurer may make an application to OIR for a permit to do so. The bill provides that
        a domestic reciprocal insurer may not be formed unless the persons so proposing have received a
        permit from OIR. Additionally, the permit application must be in writing and made in accordance with
        forms prescribed by the Commission.

        The bill provides that the following information must be included in an application for a permit in addition
        to the current required information (which is in also in addition to any applicable requirements of s.
        628.051, F.S.,48 or other relevant statutes):
             The background information as specified in the proposed s. 629.227, F.S., for all officers ,
                directors, managers, and those in equivalent positions of the proposed attorney in fact as well
                as for any person with an ownership interest of 10 percent or more in the proposed attorney in
                fact.
             The articles of incorporation and bylaws, or equivalent documents, of the proposed attorney in
                fact, dated within the last year and appropriately certified.
             The proposed charter of the subscribers’ advisory committee, and the names and terms of office
                of the members thereof, as well as the background information for each proposed member.
             A copy of the required bond.

        The bill removes certain other information currently required to be included in permit application and
        relocates such information to the provision of Florida law relating to certificates of authority for
        reciprocal insurers.

        The bill requires that a filed application must be accompanied by the application fee 49 and such other
        pertinent information and documents as reasonably requested by OIR. The bill provides that OIR must
        evaluate and grant or deny permit applications in accordance with ss. 628.061, 50 628.071,51 F.S., and
        other relevant provisions of the Florida Insurance Code.


47 S. 629.081(2), F.S.
48 S. 628.051, F.S., codifies Florida’s laws governing domestic stock insurers, mutual insurers, and captive insurers. See
s. 628.011, F.S.
49 The application fee is $1,500. See s. 624.501(1)(a), F.S.
50 S. 628.061, F.S., relates to the investigation of proposed domestic stock insurers, mutual insurers, and captive insurers.
STORAGE NAME: h1611.IBS                                                                                              PAGE: 10
DATE: 1/31/2024
        Certificate of, and Continued Eligibility for, Certificate of Authority

        Background

        Current law provides that the certificate of authority of a reciprocal insurer must be issued to its attorney
        in the name of the insurer.52

        Effect of the Bill

        The bill provides that, in applying for a certificate of authority as a domestic reciprocal insurer, the
        attorney in fact of an applicant who has previously received a permit from OIR may file an application in
        accordance with forms prescribed by the Commission which, in addition to applicable requirements of
        other relevant statutes, consists of all of the following:
             Executed copies of any proposed documents required as part of the permit application.
             A statement affirming that all moneys paid to the reciprocal shall, after deducting therefrom any
                sum payable to the attorney in fact, be held in the name of the insurer and for the purposes
                specified in the subscribers' agreement.
             A statement that each of the original subscribers has in good faith applied for insurance of a
                kind proposed to be transacted, and that the insurer has received from each such subscriber the
                full premium or premium deposit required for the policy applied for, for a term of not less than 6
                months at the rate that was filed with and approved by OIR.
             A copy of the required bond.
             A statement of the financial condition of the insurer, a schedule of its assets, and a statement
                that the required surplus is on hand.
             Such other pertinent information or documents as reasonably requested by OIR.

        The bill clarifies that the reciprocal certificate of authority must be issued in the name of the reciprocal
        insurer to its attorney in fact.

        To maintain its eligibility for a certificate authority, the bill requires that a domestic reciprocal insurer
        continue to meet all conditions required to be met under the Florida Insurance Code and the rules
        adopted thereunder for the initial applications for a permit and certificate of authority.

        Power of Attorney

        Background

        Under Florida law, the rights and powers of the attorney of a reciprocal insurer are as provided in the
        power of attorney given to it by the subscribers.53 The power of attorney must set forth:
            The powers of the attorney;
            That the attorney is empowered to accept service of process on behalf of the insurer in actions
               against the insurer upon contracts exchanged;
            The general services to be performed by the attorney;
            The maximum amount to be deducted from advance premiums or deposits to be paid to the
               attorney and the general items of expense in addition to losses, to be paid by the insurer; and
            Except as to nonassessable policies, a provision for a contingent several liability of each
               subscriber in a specified amount, which amount shall be not less than 5 times nor more than 10
               times the premium or premium deposit stated in the policy. 54

        Currently, the power of attorney may:

51 S. 628.061, F.S., relates to the granting and denial of permits for proposed domestic stock insurers, mutual insurers,
and captive insurers.
52 S. 629.091, F.S.
53 S. 629.101(1), F.S.
54 S. 629.101(2), F.S.
STORAGE NAME: h1611.IBS                                                                                             PAGE: 11
DATE: 1/31/2024
                   Provide for the right of substitution of the attorney and revocation of the power of attorney and
                    rights thereunder;
                   Impose such restrictions upon the exercise of the power as are agreed upon by the
                    subscribers;
                   Provide for the exercise of any right reserved to the subscribers directly or through their
                    advisory committee; and
                   Contain other lawful provisions deemed advisable. 55

        The terms of any power of attorney or agreement collateral must be reasonable and equitable, and no
        such power or agreement may be used or be effective in Florida unless filed with OIR.56

        Effect of the Bill

        The bill moves the provisions of law relating to what a power of attorney may set forth and adds them to
        the provisions of law relating to what a power of attorney must set forth. In addition to those changes,
        the bill requires that a power of attorney must also set forth the place where the office of the attorney in
        fact is maintained.

        Modifications to Organizing Documents or Power of Attorney

        Background

        Current law provides that modifications to the terms of a subscribers’ agreement or to the power of
        attorney of a domestic reciprocal insurer must be made jointly by the attorney and the subscribers’
        advisory committee.57 Further, no such modification can be made effective retroactively, nor as to any
        insurance contract issued prior thereto.58

        Effect of the Bill

        The bill provides that, in addition to modifications to the terms of a subscriber’s agreement or the power
        of attorney, modifications to the terms of the subscribers’ advisory committee must be made jointly by
        the attorney and the subscribers’ advisory committee. The bill also provides that no modification can
        take effect until filed with, and approved in writing by, OIR.

        Attorney in Fact’s Bond

        Background

        Concurrently with the filing of a permit application, an attorney in fact is currently required to file with
        OIR a $100,000 bond in favor of the state of Florida for the benefit of all persons damaged as a result
        of breach by the attorney of the conditions of such bond.59 Specifically, the bond must be conditioned
        on the fact that the attorney will faithfully account for all moneys and other property of the insurer
        coming into its hands, and that it will not withdraw or appropriate to its own use from the funds of the
        insurer any moneys or property to which it is not entitled under the power of attorney. 60

        The bond must provide that it is not subject to cancellation unless 30 days’ advance written notice is
        given to both the attorney and OIR.61

        Effect of the Bill


55 S. 629.101(3), F.S.
56 S. 629.101(4), F.S.
57 S. 629.111, F.S.
58 Id.
59 Ss. 629.121(1)-(2), F.S.
60 S. 629.121(2), F.S.
61 S. 629.121(3), F.S.
STORAGE NAME: h1611.IBS                                                                                        PAGE: 12
DATE: 1/31/2024
         The bill increases the amount of the bond to be filed with a permit application from $100,000 to
         $300,000. The bill otherwise retains current law relating to an attorney in fact’s bond.

         Contributions to Insurer

         Background

         Current law provides that the attorney in fact or other parties may advance to a domestic reciprocal
         insurer upon reasonable terms such funds as it may require from time to time in its operations. 62 Sums
         so advanced may not be treated as a liability of the insurer and, except upon liquidation of the insurer,
         may not be withdrawn or repaid except out of the insurer’s realized earned surplus in excess of its
         minimum required surplus.63

         Additionally, no such withdrawal or repayment may be made without the advance approval of OIR. 64
         This provision does not apply as to bank loans or to loans made upon security. 65

         Effect of the Bill

         The bill provides parameters for reciprocal insurers to obtain loans that are not obtained in the ordinary
         course of business from banks or other financial institutions, or to loans secured by a mortgage or
         assets. The bill establishes that a reciprocal insurer may obtain loans, other than those described
         above, to do any of the following:
             Defray expenses of creating the insurer:
             Providing itself with surplus funds; or
             For any business purpose.

         However, the insurer must agree that any money borrowed will be repaid only out of the surplus in
         excess of that stipulated in a written agreement to borrow the money. Any money borrowed, plus any
         interest on that money, may not be considered part of the insurer’s legal liabilities.

         OIR must approve the issuance of, and rate of interest on, any loans taken out by a reciprocal insurer.
         OIR will disapprove such loans if it finds that:
             The loan is unnecessary or excessive for the purpose intended;
             The terms of the loan agreement are not fair and equitable to the parties and other similar
                lenders; or
             The information the reciprocal insurer provides regarding the loan is inadequate.

         The reciprocal insurer must repay a substantial portion of the loan, if not the entire loan, when the loan
         is no longer reasonably necessary for the purpose for which it was originally intended. However, before
         paying back the loan or any interest on the loan, the insurer must receive approval from OIR.




62 S. 629.161,   F.S.
63 Id.
64 Id.
65 Id.
STORAGE NAME: h1611.IBS                                                                                     PAGE: 13
DATE: 1/31/2024
        Annual Statement

        Background

        Under current law, the annual statement of a reciprocal insurer must be made and filed by its attorney
        in fact.66

        Effect of the Bill

        The bill clarifies that the requirement that the annual statement of a reciprocal insurer must be made by
        its attorney in fact in the same manner as domestic stock insurers under s. 624.424, F.S., which relates
        to annual statements and other information filed in accordance with Florida’s Insurance Code.

        Acquisitions

        Background

        Florida law does not currently provide specific statutory authority for the acquisition of a reciprocal
        insurer.

        Effect of the Bill

        The bill creates a new statutory section providing details regarding the acquisition of a reciprocal
        insurer. No one may, individually or in conjunction with an affiliated person, directly or indirectly acquire
        10 percent or more of the ownership interest in a reciprocal insurer unless all of the following conditions
        are met:
             The person or affiliated person must file with OIR and send to the reciprocal insurer and its
                attorney in fact a letter notifying them of the transaction no later than five days after the offer is
                proposed or no later than five days after the acquisition of securities or ownership interest if no
                offer is involved.
             The person or affiliated person must file an application with OIR within 30 days after the offer is
                proposed or the acquisition occurs.
             OIR has approved the offer or acquisition.

        If there is no change in the ultimate controlling shareholders, no change in the ownership percentages
        of the ultimate controlling shareholders, and no acquisition of direct or indirect interest in the attorney in
        fact, OIR may waive the filing of the letter of notification and the application upon request.

        The application, if required, must contain all of the following information and any other information that
        OIR deems necessary to determine the character, experience, ability, and other qualifications of the
        applicant:
            identity and background information of each person by whom, or on whose behalf the
               acquisition is being made, and any other persons who control these individuals;
            the source and amount of funds or other consideration used in making the acquisition;
            plans or proposals that applicants may have to liquidate the attorney in fact or controlling
               company, to sell any of their assets or merge or consolidate them with any person, or to make
               other major changes in the business, business structure, or management;
            the nature and extent of the controlling interest which the person, or affiliated person, proposes
               to acquire;
            the number of shared or other security that the person, or affiliated person, proposed to acquire;
               and
            information as to any contract, arrangement, or understanding with any party relating to the
               transfer of any of the securities, option arrangements, puts or calls, or giving or withholding of
               proxies.


66 S. 629.171,   F.S.
STORAGE NAME: h1611.IBS                                                                                       PAGE: 14
DATE: 1/31/2024
        The bill requires that an application be accompanied by an application fee. 67 If any material change
        occurs in the facts provided in the application or the background information, an amendment must be
        filed with OIR immediately and sent to the principal offices of the reciprocal and its attorney in fact.

        OIR must review the application in accordance with the Administrative Procedures Act. 68 Pursuant to
        the bill, while OIR is reviewing the acquisition, the acquiring person may not make any material change
        to the operation of the attorney in fact or controlling company unless OIR specifically approves the
        change. Additionally, the acquiring person may not make any change in the management of the
        attorney in fact unless advance notice is provided to OIR. The bill provides relevant definitions of
        material change in the operation and the management of the attorney in fact.

        The bill permits OIR to disapprove any acquisition of the interest in a reciprocal by any person, or
        affiliated person, who:
               willfully violates the law regarding acquisition of interest in a reciprocal; or
               fails to divest himself or herself of interest in a reciprocal acquired in violation of the law, when
                 ordered to do so by OIR.

        The bill places the burden of proof regarding an acquisition application on the applicant. However, the
        bill provides criteria, which, if met, require OIR to approve the application as long as no administrative
        proceeding has been requested under ch. 120, F.S.

        The bill establishes that any vote by a stockholder that acquired stock in a reciprocal in violation of the
        acquisition statute created by the bill is not valid. Additionally, any acquisition contrary to the same
        statute is void. The circuit court for the county in which the principal office of the attorney in fact for the
        reciprocal insurer may order an injunction or issue another order to enforce the statute. The bill also
        creates a private right of action for the attorney in fact and the controlling company to enforce the
        acquisition statute.

        The bill provides that approval of an acquisition application by OIR does not constitute a
        recommendation of an acquisition or an offer for an acquisition. It is third-degree felony for anyone to
        represent that OIR has made such a recommendation.

        According to the bill, any person may rebut the presumption of having control of a reciprocal insurer by
        filing a disclaimer of control with OIR on a form prescribed by the FSC or by filing a copy of a Schedule
        13G filed with the Securities and Exchange Commission.

        The bill gives OIR the authority to suspend or revoke a reciprocal insurer’s certificate of authority if
        necessary to protect the public interest when the interest was acquired in violation of the acquisition
        statute. If a reciprocal insurer is subject to suspension or revocation on this basis, the attorney in fact is
        deemed to be in such a condition, or to be using or have been subject to methods or practices as to
        render its further transaction or insurance hazardous. OIR may offer the reciprocal insurer the ability to
        cure any suspension or revocation by procuring another attorney in fact acceptable to OIR.

        Filing of Background Information

        Background

        Florida law does not currently provide for filing of background information on reciprocal insurers, their
        attorneys in fact, nor their subscribers.

        Effect of the Bill



67 The current fee for acquisition is $1,500. S. 624.501(1)(a), F.S.
68 Chapter 120, F.S., codifies Florida’s Administrative Procedure Act, which provides uniform procedures for the exercise
of specified authority.

STORAGE NAME: h1611.IBS                                                                                           PAGE: 15
DATE: 1/31/2024
        The bill creates statutory criteria for background information that must be submitted to OIR regarding
        certain individuals involved in the creation or acquisition of reciprocal insurers. The information must
        include, but is not limited to:
              A sworn biographical statement with information for the past ten years regarding:
                      o occupations, positions of employment, and offices held;
                      o convictions of crimes other than traffic violations;
                      o license revocation proceedings;
                      o bankruptcy proceedings, either personal or of a business where the individual held a
                          significant position; and
                      o injunction proceedings involving federal or state law regulating insurance, securities, or
                          banking.
              Each individual’s fingerprints;
              Authorizations allowing background investigations regarding each individual; and
              Any other information that OIR deems necessary to determine the character, experience,
                 ability, and other qualifications of the individual.

        Assessments

        Background

        Currently, assessments may from time to time be levied upon subscribers of a domestic reciprocal
        insurer liable therefor under the terms of their policies by the attorney upon approval in advance by the
        subscribers’ advisory committee and OIR, or by DFS as receiver of the insurer. 69

        Each subscriber’s share of a deficiency for which an assessment is made, but not exceeding in any
        event his or her aggregate contingent liability as computed in accordance with s. 629.251, F.S., must
        be computed by applying, to the premium earned on the subscriber’s policy or policies during the period
        to be covered by the assessment, the ratio of the total deficiency to the total premiums earned during
        such period upon all policies subject to the assessment. 70

        In computing the earned premiums for the purposes of these provisions, the gross premium received by
        the insurer for the policy must be used as a base, deducting therefrom solely charges not recurring
        upon the renewal or extension of the policy.71 No subscriber may have an offset against any
        assessment for which he or she is liable, on account of any claim for unearned premium or losses
        payable.72

        Effect of the Bill

        The bill clarifies that assessments may from time to time be levied upon subscribers of an assessable
        domestic reciprocal insurer who are liable for such assessments therefor under the terms of their
        policies by the attorney in fact. Any such assessment must be approved upon approval in advance by
        the subscribers' advisory committee and OIR, or by DFS as receiver of the insurer.

        The bill also provides that upon impairment of surplus of a nonassessable reciprocal insurer, OIR must
        revoke the authorization under s. 629.291(5), F.S., to convert to a nonassessable reciprocal insurer.
        After such revocation, any policy in force at the time the revocation occurs remains in force for the
        remainder of the period for which the premium has been paid, but the reciprocal insurer may not issue
        new policies without requiring contingent assessment liability from the new subscriber.

        Merger or Conversion

        Background


69 S. 629.231(1), F.S.
70 S. 629.231(2), F.S.
71 S. 629.231(3), F.S.
72 S. 629.231(4), F.S.
STORAGE NAME: h1611.IBS                                                                                    PAGE: 16
DATE: 1/31/2024
        Current law provides that a domestic reciprocal insurer, upon affirmative vote of not less than two-thirds
        of its subscribers who vote on such merger pursuant to due notice and the approval of OIR of the terms
        therefor, may merge with another reciprocal insurer or be converted to a stock or mutual insurer. 73 Such
        a stock or mutual insurer is subject to the same capital or surplus requirements and have the same
        rights as a like domestic insurer transacting like kinds of insurance. 74

        OIR may not approve any plan for such merger or conversion which is inequitable to subscribers or
        which, if for conversion to a stock insurer, does not give each subscriber preferential right to acquire
        stock of the proposed insurer proportionate to his or her interest in the reciprocal insurer, as determined
        in accordance with applicable law, and a reasonable length of time within which to exercise such right. 75

        Reinsurance of all or substantially all of the insurance in force of a domestic reciprocal insurer in
        another insurer is considered to be a merger for the purposes of these provisions. 76

        Effect of the Bill

        The bill requires that all plans to merge a reciprocal insurer with another reciprocal insurer or to convert
        a reciprocal insurer to a stock or mutual insurer must be filed with OIR on forms adopted by the FSC
        and must contain all information that OIR reasonably requires to evaluate the merger or conversion.

        The bill provides that an assessable reciprocal insurer may be converted to a nonassessable reciproc al
        insurer if all of the following conditions are met:
             the subscriber’s advisory committee approves the conversion application;
             the attorney in fact submits the application on the required form; and
             OIR finds that the application meets the minimum statutory requirements.

        If OIR approves the application, the assessable reciprocal insurer may be converted to a
        nonassessable reciprocal insurer by:
             extinguishing the contingent liability of subscribers under all policies in force in Florida at the
                time of the conversion;
             omitting contingent liability provisions in all policies delivery or issued in Florida after the
                conversion; and
             otherwise extinguishing the contingent liability of all subscribers.

        However, if the reciprocal insurer is transacting insurance in another state that requires the issuance of
        policies with contingent liability provisions, the insurer may continue to issue policies with those
        provisions in the other state.

        Additionally, if a reciprocal insurer’s surplus becomes impaired, the insurer may no longer issue
        nonassessable policies or convert assessable policies to nonassessable policies.

        The bill also prohibits a domestic stock insurer from being converted into a reciprocal insurer.

        Rule-Making Authority

        Background

        Currently, the FSC does not have rule-making authority to administer ch. 629, F.S.

        Effect of the Bill



73 S. 629.291(1), F.S.
74 S. 629.291(2), F.S.
75 S. 629.201(3), F.S.
76 S. 629.201(4), F.S.
STORAGE NAME: h1611.IBS                                                                                         PAGE: 17
DATE: 1/31/2024
        The bill grants rule-making authority to the FSC to adopt, amend, and repeal rules pursuant to ch. 120,
        F.S., which are necessary to implement ch. 629, F.S.

        Participation of Financial Institutions in Reinsurance and Insurance Exchanges

        Background

        Currently, subject to applicable laws relating to financial institutions and to any other applicable
        provision of the Florida Insurance Code, any financial institution or aggregation of such institutions may
        own or control, directly or indirectly, any insurer which is authorized or approved by OIR, which insurer
        transacts only reinsurance in this state and which actively engages in reinsuring risks located in this
        state.77

        Additionally, subject to the same provisions described above, any financial institution or aggregation of
        such institutions may participate, directly or indirectly, as an underwriting member or as an investor in
        an underwriting member of any insurance exchange authorized in accordance with s. 629.401, F.S.,
        which underwriting member transacts only aggregate or specific excess insurance over underlying self-
        insurance coverage for self-insurance organizations authorized under the Florida Insurance Code, for
        multiple-employer welfare arrangements, or for workers’ compensation self-insurance trusts, in addition
        to any reinsurance the underwriting member may transact. 78

        Effect of the Bill

        The bill eliminates a financial institution’s, or aggregation of such institutions’ participation as an
        underwriting member or an investor in an underwriting member of the insurance exchange authorized
        under 629.401, F.S., and described above, because the existence of that type of exchange is being
        eliminated by the bill.

        Miscellaneous

        Pursuant to the changes made by the bill, the bill relocates the following sections of ch. 629, F.S., and,
        where applicable, relocates the provisions elsewhere:
            S. 629.021, F.S., relating to “reciprocal insurer” defined;
            S. 629.031, F.S., relating to scope of chapter;
            S. 629.061, F.S., relating to attorney;
            S. 629.261, F.S., relating to nonassessable policies;
            S. 629.401, F.S., relating to insurance exchange; and
            S. 629.520, F.S., relating to authority of a limited reciprocal insurer.

        The bill provides an effective date of July 1, 2025. However, the bill requires reciprocal insurers
        licensed before July 1, 2025, to increase their surplus as required by the bill by January 1, 2026.
        Additionally, the attorney in fact of a reciprocal insurer licensed before July 1, 2025, must increase its
        bond as required by the bill by January 1, 2026.

    B. SECTION DIRECTORY:

        Section 1. Amends s. 624.3161, F.S., relating to market conduct examinations.
        Section 2. Amends s. 624.424, F.S., relating to annual statement and other information.
        Section 3. Amends s. 624.4305, F.S., relating to nonrenewal of residential property insurance policies.
        Section 4. Amends s. 624.46226, F.S., relating to public housing authority self-insurance funds;
                   exemption for taxation and assessments.
        Section 5. Amends s. 626.9201, F.S., relating to notice of cancellation and nonrenewal.
        Section 6. Amends 627.062, F.S., relating to rate standards.
        Section 7. Amends s. 627.351, F.S., relating to insurance risk apportionment plans.

77 S. 624.45(1),   F.S.
78 S. 624.45(2),   F.S.
STORAGE NAME: h1611.IBS                                                                                      PAGE: 18
DATE: 1/31/2024
       Section 8. Amends s. 628.011, F.S., relating to scope of part.
       Section 9. Amends s. 628.061, F.S., relating to investigation of proposed organization.
       Section 10. Amends s. 628.801, F.S., relating to insurance holding companies; registration; regulation.
       Section 11. Amends s. 629.011, F.S., relating to “reciprocal insurance” defined.
       Section 12. Repeals s. 629.021, F.S., relating to “reciprocal insurer” defined.
       Section 13. Repeals s. 629.031, F.S., relating to scope of chapter.
       Section 14. Amends s. 629.051, F.S., relating to name; suits.
       Section 15. Creates s. 629.056, F.S., relating to premium reserves.
       Section 16. Repeals s. 629.061, F.S., relating to attorney.
       Section 17. Amends s. 627.071, F.S., relating to surplus funds required.
       Section 18. Amends s. 629.081, F.S., relating to organization of reciprocal insurer.
       Section 19. Amends s. 629.091, F.S., relating to certificate of authority.
       Section 20. Creates s. 629.094, F.S., relating to continued eligibility for certificate of authority.
       Section 21. Amends s. 629.101, F.S., relating to power of attorney.
       Section 22. Amends s. 629.111, F.S., relating to modifications.
       Section 23. Amends s. 629.121, F.S., relating to attorney’s bond.
       Section 24. Amends s. 629.131, F.S., relating to deposit in lieu of bond.
       Section 25. Amends s. 629.141, F.S., relating to action on bond.
       Section 26. Amends s. 629.161, F.S., relating to contributions to insurer.
       Section 27. Amends s. 629.171, F.S., relating to annual statement.
       Section 28. Amends s. 629.191, F.S., relating to who may be subscribers.
       Section 29. Amends s. 629.201, F.S., relating to subscribers’ advisory committee.
       Section 30. Creates s. 629.225, F.S., relating to acquisitions.
       Section 31. Creates s. 629.227, F.S., relating to background information.
       Section 32. Amends s. 629.231, F.S., relating to assessments.
       Section 33. Amends s. 629.241, F.S., relating to time limit for assessments.
       Section 34. Amends s. 629.251, F.S., relating to aggregate liability.
       Section 35. Repeals s. 629.261, F.S., relating to nonassessable policies.
       Section 36. Amends s. 629.271, F.S., relating to distribution of assets.
       Section 37. Amends s. 629.281, F.S., relating to subscribers’ share in assets.
       Section 38. Amends s. 629.291, F.S., relating to merger or conversion.
       Section 39. Amends s. 629.301, F.S., relating to impaired reciprocal insurers.
       Section 40. Repeals s. 629.401, F.S., relating to insurance exchange.
       Section 41. Repeals s. 629.520, F.S., relating to authority of a limited reciprocal insurer.
       Section 42. Creates s. 629.525, F.S., relating to rulemaking authority.
       Section 43. Amends s. 163.01, F.S., relating to Florida Interlocal Cooperation Act of 1969.
       Section. 44. Amends s. 624.413, F.S., relating to application for certificate of authority.
       Section 45. Amends s. 624.45, F.S., relating to participation of financial institutions in reinsurance and
                   in insurance exchanges.
       Section 46. Amends s. 626.9531, F.S., relating to identification of insurers, agents, and insurance
                   contractors.
       Section 47. Provides undirected language regarding reciprocal insurers’ surplus requirements.
       Section 48. Provides an effective date of July 1, 2024.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.

       2. Expenditures:

           The bill may have an indeterminate negative impact on state expenditures to the extent that OIR
           incurs additional costs related to licensing and regulating reciprocal insurers.

STORAGE NAME: h1611.IBS                                                                                  PAGE: 19
DATE: 1/31/2024
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           The changes to the law regarding PHA self-insurance funds may have a positive impact on local
           government expenditures if the funds no longer have to purchase the same amount of excess
           insurance or reinsurance.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill may have an indeterminate negative impact on property insurers that incur additional
       administrative costs due to increasing reporting requirements from quarterly to monthly.

       The bill may have a negative fiscal impact on reciprocal insurers licensed before July 1, 2025, as they
       must increase their surplus as required by the bill by January 1, 2026. This fiscal impact may also affect
       the attorney in fact of a reciprocal insurer licensed before July 1, 2025, as they must increase its bond
       as required by the bill by January 1, 2026.

   D. FISCAL COMMENTS:

       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:

          None.

   B. RULE-MAKING AUTHORITY:

       The bill provides authority for the FSC to adopt rules:
            to administer the statutory section regarding residential property insurers that are planning to
                nonrenew more than 10,000 residential property insurance policies within a 12-month period.
            for filing the annual enterprise risk report in accordance with the IHCS Regulation and Model
                Act as adopted by the NAIC in December 2020.
            to implement the statutory restrictions on the cancellation and nonrenewal of property
                insurance policies by surplus lines insurers following a hurricane.
            to adopt, amend, or repeal rules necessary to implement ch. 629, F.S., regarding reciprocal
                insurers.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h1611.IBS                                                                                  PAGE: 20
DATE: 1/31/2024
STORAGE NAME: h1611.IBS   PAGE: 21
DATE: 1/31/2024
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




           HB 1611                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to insurance; amending s. 624.3161,
    3                F.S.; revising the entities for which the Office of
    4                Insurance Regulation is required to conduct market
    5                conduct examinations; revising the purpose of the
    6                examination; amending s. 624.424, F.S.; requiring
    7                insurers and insurer groups to file a specified
    8                supplemental report on a monthly basis; requiring that
    9                such report include certain information for each zip
10                   code for which policies are written; amending s.
11                   624.4305, F.S.; authorizing the Financial Services
12                   Commission to adopt rules related to notice of
13                   nonrenewal of residential property insurance policies;
14                   amending s. 624.46226, F.S.; revising the requirements
15                   for public housing authority self-insurance funds;
16                   amending s. 626.9201, F.S.; prohibiting insurers from
17                   canceling or nonrenewing certain insurance policies
18                   under certain circumstances; providing exceptions;
19                   providing construction; authorizing the commission to
20                   adopt rules and the Commissioner of Insurance
21                   Regulation to issue orders; amending s. 627.062, F.S.;
22                   specifying requirements for rate filings if certain
23                   models are used; amending s. 627.351, F.S.; revising
24                   requirements for certain policies that are not subject
25                   to certain rate increase limitations; amending ss.

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26                628.011 and 628.061, F.S.; conforming provisions to
27                changes made by the act; amending s. 628.801, F.S.;
28                revising requirements for rules adopted for insurers
29                that are members of an insurance holding company;
30                deleting an obsolete date; authorizing the commission
31                to adopt rules; amending s. 629.011, F.S.; defining
32                terms; revising the definition of the term "reciprocal
33                insurance"; repealing s. 629.021, F.S., relating to
34                the definition of the term "reciprocal insurer";
35                repealing s. 629.031, F.S., relating to the scope of
36                ch. 629, F.S.; amending s. 629.051, F.S.; requiring a
37                domestic reciprocal insurer to have and use certain
38                names; requiring certain foreign or alien reciprocal
39                insurers to use a fictitious name; creating s.
40                629.056, F.S.; requiring a reciprocal insurer to
41                maintain a certain unearned premium reserves; defining
42                the term "net written premiums"; requiring certain
43                actions if the unearned premium reserves are less than
44                a certain amount; repealing s. 629.061, F.S., relating
45                to the term "attorney"; amending s. 629.071, F.S.;
46                revising the surplus funds required of a reciprocal
47                insurer; amending s. 629.081, F.S.; revising the
48                procedure for persons to organize as a domestic
49                reciprocal insurer; specifying requirements for the
50                permit application; requiring that the application be

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        HB 1611                                                                                               2024




51                accompanied by a specified fee; requiring the office
52                to evaluate and grant or deny the permit application
53                in accordance with specified provisions; amending s.
54                629.091, F.S.; providing requirements for the
55                application for a certificate of authority to operate
56                as a domestic reciprocal insurer; requiring that such
57                certificate of authority be issued in the name of the
58                reciprocal insurer to its attorney in fact; creating
59                s. 629.094, F.S.; requiring a domestic reciprocal
60                insurer to meet certain requirements to maintain its
61                eligibility for a certificate of authority; amending
62                s. 629.101, F.S.; revising requirements for the power
63                of attorney given by subscribers of a domestic
64                reciprocal insurer to the attorney in fact; conforming
65                provisions to changes made by the act; amending s.
66                629.111, F.S.; requiring that modifications of the
67                terms of certain agreements, charters, and powers of
68                attorney be made jointly by the attorney in fact and
69                the subscribers' advisory committee; prohibiting such
70                modifications from taking effect until approval in
71                writing by the office; amending s. 629.121, F.S.;
72                conforming provisions to changes made by the act;
73                revising the amount of the bond the attorney in fact
74                of a reciprocal insurer must file with the office;
75                amending ss. 629.131 and 629.141, F.S.; conforming

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         HB 1611                                                                                               2024




 76                provisions to changes made by the act; amending s.
 77                629.161, F.S.; revising the requirements for a
 78                reciprocal insurer that borrows money; providing
 79                applicability; amending s. 629.171, F.S.; revising the
 80                manner of making and filing the annual statement of a
 81                reciprocal insurer; amending s. 629.191, F.S.;
 82                conforming provisions to changes made by the act;
 83                amending s. 629.201, F.S.; conforming provisions to
 84                changes made by the act; creating s. 629.225, F.S.;
 85                prohibiting persons from acquiring certain securities
 86                or ownership interests of certain attorneys in fact
 87                and controlling companies of certain attorneys in
 88                fact; providing an exception; authorizing certain
 89                persons to request that the office waive certain
 90                requirements; providing that the office may waive
 91                certain requirements if specified determinations are
 92                made; specifying the requirements of an application to
 93                the office relating to certain acquisitions; requiring
 94                that such application be accompanied by a specified
 95                fee; requiring that amendments be filed with the
 96                office under certain circumstances; specifying the
 97                manner in which the acquisition application must be
 98                reviewed; authorizing the office, and requiring the
 99                office if a request for a proceeding is filed, to
100                conduct a proceeding within a specified timeframe to

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         HB 1611                                                                                               2024




101                consider the appropriateness of such application;
102                requiring that certain time periods be tolled;
103                requiring that written requests for a proceeding be
104                filed within a certain timeframe; authorizing certain
105                persons to take all steps to conclude the acquisition
106                during the pendency of the proceeding or review
107                period; requiring the office to order a proposed
108                acquisition disapproved and that actions to conclude
109                the acquisition be ceased under certain circumstances;
110                prohibiting certain persons from making certain
111                changes during the pendency of the office's review of
112                an acquisition; providing an exception; defining the
113                terms "material change in the operation of the
114                attorney in fact" and "material change in the
115                management of the attorney in fact"; requiring the
116                office to approve or disapprove certain changes upon
117                making certain findings; requiring that a proceeding
118                be conducted within a certain timeframe; requiring
119                that recommended orders and final orders be issued
120                within a certain timeframe; specifying the
121                circumstances under which the office may disapprove an
122                acquisition; specifying that certain persons have the
123                burden of proof; requiring the office to approve an
124                acquisition upon certain findings; specifying that
125                certain votes are not valid and that certain

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         HB 1611                                                                                               2024




126                acquisitions are void; specifying that certain
127                provisions may be enforced by an injunction; creating
128                a private right of action in favor of the attorney in
129                fact or the controlling company to enforce certain
130                provisions; providing that a certain demand upon the
131                office is not required before certain legal actions;
132                providing that the office is not a necessary party to
133                certain actions; specifying the persons who are deemed
134                designated for service of process and who have
135                submitted to the administrative jurisdiction of th e
136                office; providing that approval by the office does not
137                constitute a certain recommendation; providing that
138                certain actions are unlawful; providing criminal
139                penalties; providing a statute of limitations;
140                authorizing a person to rebut a presumption of cont rol
141                by filing certain disclaimers; specifying the contents
142                of such disclaimer; specifying that, after a
143                disclaimer is filed, the attorney in fact is relieved
144                of a certain duty; authorizing the office to order
145                certain persons to cease acquisition of the attorney
146                in fact or controlling company and divest themselves
147                of any stock or ownership interest under certain
148                circumstances; requiring the office to suspend or
149                revoke the reciprocal certificate of authority under
150                certain circumstances; specifying that the attorney in

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         HB 1611                                                                                               2024




151                fact is deemed to be hazardous to its policyholders if
152                the reciprocal insurer is subject to suspension or
153                revocation; authorizing the office to offer the
154                reciprocal insurer the ability to cure any suspension
155                or revocation under certain circumstances; providing
156                applicability; creating s. 629.227, F.S.; specifying
157                the information as to the background and identity of
158                certain persons which must be furnished by such
159                persons; amending s. 629.231, F.S.; authorizing the
160                levy of assessments upon subscribers of certain
161                assessable reciprocal insurers; requiring that
162                assessments be approved in advance by certain
163                entities; requiring the office to revoke the
164                authorization to convert upon impairment of a surplus
165                of a nonassessable reciprocal insurer; providing fo r
166                policies that remain in force after such revocation
167                and prohibiting reciprocal insurers from issuing new
168                policies that do not require contingent assessment
169                liability from new subscribers; amending ss. 629.241
170                and 629.251, F.S.; conforming provisions to changes
171                made by the act; repealing s. 629.261, F.S., relating
172                to nonassessable policies; amending ss. 629.271 and
173                629.281, F.S.; conforming provisions to changes made
174                by the act; amending s. 629.291, F.S.; providing that
175                certain insurers that merge are governed by the

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         HB 1611                                                                                               2024




176                insurance code; prohibiting domestic stock insurers
177                from being converted to reciprocal insurers; requiring
178                that specified plans be filed with the office and that
179                such plans contain certain information; authorizing
180                the conversion of assessable reciprocal insurers to
181                nonassessable reciprocal insurers under certain
182                circumstances; providing certain procedures when
183                certain reciprocal insurers convert; prohibiting a
184                reciprocal insurer that becomes impaired from issuing
185                or converting certain policies; providing
186                applicability; amending s. 629.301, F.S.; conforming
187                provisions to changes made by the act; revising the
188                procedures that apply when an insurer becomes
189                insolvent; repealing s. 629.401, F.S., relating to
190                insurance exchanges; repealing s. 629.520, F.S.,
191                relating to the authority of limited reciprocal
192                insurers; creating s. 629.525, F.S.; requiring the
193                commission to adopt, amend, or repeal certain rules;
194                amending ss. 163.01, 624.413, 624.45, and 626.9531,
195                F.S.; conforming provisions to changes made by the
196                act; requiring compliance by reciprocal insurers and
197                attorneys in fact with increased surplus requirements
198                and bond requirements, respectively, imposed by the
199                act by a specified date; providing an effective date.
200

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         HB 1611                                                                                               2024




201      Be It Enacted by the Legislature of the State of Florida:
202
203                Section 1.        Subsection (1) of section 624.3161, Florida
204      Statutes, is amended to read:
205                624.3161         Market conduct examinations.—
206                (1)       As often as it deems necessary, The office shall, as
207      often as it deems necessary, examine each licensed rating
208      organization, each advisory organization, each group,
209      association, carrier, as defined in s. 440.02, or other
210      organization of insurers which engages in joint underwriting or
211      joint reinsurance, the attorney in fact of each reciprocal
212      insurer, and each authorized insurer transacting in this state
213      any class of insurance to which the provisions of chapter 627 is
214      are applicable. The examination must shall be for the purpose of
215      ascertaining compliance by the person examined with the
216      applicable provisions of chapters 440, 624, 626, 627, 629, and
217      635.
218                Section 2.        Paragraph (a) of subsection (10) of section
219      624.424, Florida Statutes, is amended to read:
220                624.424      Annual statement and other information.—
221                (10)(a)      Each insurer or insurer group doing business in
222      this state shall file, on a monthly quarterly basis in
223      conjunction with financial reports required by paragraph (1)(a) ,
224      a supplemental report on an individual and group basis on a form
225      prescribed by the commission with information on persona l lines

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         HB 1611                                                                                               2024




226      and commercial lines residential property insurance policies in
227      this state. The supplemental report must shall include separate
228      information for personal lines property policies and for
229      commercial lines property policies and totals for each item
230      specified, including premiums written for each of the property
231      lines of business as described in ss. 215.555(2)(c) and
232      627.351(6)(a). The report must shall include the following
233      information for each zip code for which policies are written
234      county on a monthly basis:
235                1.    Total number of policies in force at the end of each
236      month.
237                2.    Total number of policies canceled.
238                3.    Total number of policies nonrenewed.
239                4.    Number of policies canceled due to hurricane risk.
240                5.    Number of policies nonrenewed due to hurricane risk.
241                6.    Number of new policies written.
242                7.    Total dollar value of structure exposure under policies
243      that include wind coverage.
244                8.    Number of policies that exclude wind coverage.
245                9.    Number of claims open each month.
246                10.       Number of claims closed each month.
247                11.       Number of claims pending each month.
248                12.       Number of claims in which either the insurer or
249      insured invoked any form of alternative dispute resolution, and
250      specifying which form of alternative dispute resolution was

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         HB 1611                                                                                               2024




251      used.
252                Section 3.         Section 624.4305, Florida Statutes, is amended
253      to read:
254                624.4305         Nonrenewal of residential property insurance
255      policies.—Any insurer planning to nonrenew more than 10,000
256      residential property insurance policies in this state within a
257      12-month period shall give notice in writing to the Office of
258      Insurance Regulation for informational purposes 90 days before
259      the issuance of any notices of nonrenewal. The notice provided
260      to the office must set forth the insurer's reasons for such
261      action, the effective dates of nonrenewal, and any arrangements
262      made for other insurers to offer coverage to affected
263      policyholders. The commission may adopt rules to administer this
264      section.
265                Section 4.        Paragraph (d) of subsection (1) of section
266      624.46226, Florida Statutes, is amended to read:
267                624.46226        Public housing authorities self-insurance funds;
268      exemption for taxation and assessments.—
269                (1)       Notwithstanding any other provision of law, any two or
270      more public housing authorities in the state as defined in
271      chapter 421 may form a self-insurance fund for the purpose of
272      pooling and spreading liabilities of its members as to any one
273      or combination of casualty risk or real or personal property
274      risk of every kind and every interest in such property against
275      loss or damage from any hazard or cause and against any loss

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         HB 1611                                                                                               2024




276      consequential to such loss or damage, provided the self -
277      insurance fund that is created:
278                (d)       Maintains a continuing program of excess insurance
279      coverage and reinsurance reserve evaluation to protect the
280      financial stability of the fund in an amount and manner
281      determined by a qualified and independent actuary. The program
282      must, at a minimum, this program must:
283                1.    Include a net retention in an amount and manner
284      selected by the administrator, ratified by the governing b ody,
285      and certified by a qualified actuary;
286                2.    Include reinsurance or Purchase excess insurance from
287      authorized insurance carriers or eligible surplus lines
288      insurers; and.
289                3.    Be certified by a qualified and independent actuary as
290      to the program's adequacy. This certification must be submitted
291      simultaneously with the certifications required under paragraphs
292      (b) and (c).
293                2.    Retain a per-loss occurrence that does not exceed
294      $350,000.
295
296      A for-profit or not-for-profit corporation, limited liability
297      company, or other similar business entity in which a public
298      housing authority holds an ownership interest or participates in
299      its governance under s. 421.08(8) may join a self-insurance fund
300      formed under this section in which such public housing authority

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         HB 1611                                                                                               2024




301      participates. Such for-profit or not-for-profit corporation,
302      limited liability company, or other similar business entity may
303      join the self-insurance fund solely to insure risks related to
304      public housing.
305                Section 5.        Subsection (2) of section 626.9201, Florida
306      Statutes, is amended to read:
307                626.9201         Notice of cancellation or nonrenewal.—
308                (2)       An insurer issuing a policy providing coverage for
309      property, casualty, surety, or marine insurance must give the
310      named insured written notice of cancellation or termination
311      other than nonrenewal at least 45 days before the effective date
312      of the cancellation or termination, including in the written
313      notice the reasons for the cancellation or termination, except
314      that:
315                (a)       If cancellation is for nonpayment of premium, at least
316      10 days' written notice of cancellation accompanied by the
317      reason for cancellation must be given. As used in this
318      paragraph, the term "nonpayment of premium" means the failure of
319      the named insured to discharge when due any of his or her
320      obligations in connection with the payment of premiums on a
321      policy or an installment of such a premium, whether the premium
322      or installment is payable directly to the insurer or its agent
323      or indirectly under any plan for financing premiums or extension
324      of credit or the failure of the named insured to maintain
325      membership in an organization if such membership is a condition

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         HB 1611                                                                                               2024




326      precedent to insurance coverage. The term also includes the
327      failure of a financial institution to honor the check of an
328      applicant for insurance which was delivered to a licensed agent
329      for payment of a premium, even if the agent previously delivered
330      or transferred the premium to the insurer. If a correctly
331      dishonored check represents payment of the initial premium, the
332      contract and all contractual obligations are void ab initio
333      unless the nonpayment is cured within the earlier of 5 days
334      after actual notice by certified mail is received by the
335      applicant or 15 days after notice is sent to the applicant by
336      certified mail or registered mail, and, if the contract is void,
337      any premium received by the insurer from a third party must
338      shall be refunded to that party in full; and
339                (b)       If cancellation or termination occurs during the first
340      90 days during which the insurance is in force and if the
341      insurance is canceled or terminated for reasons other than
342      nonpayment, at least 20 days' written notice of cancellation or
343      termination accompanied by the reason for cancellation or
344      termination must be given, except if there has been a material
345      misstatement or misrepresentation or failure to comply with the
346      underwriting requirements established by the insurer; and.
347                (c)1.      Upon a declaration of an emergency pursuant to s.
348      252.36 and the filing of an order by the Commissioner of
349      Insurance Regulation, an insurer may not cancel or nonr enew a
350      personal residential or commercial residential property

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         HB 1611                                                                                               2024




351      insurance policy covering a dwelling or residential property
352      located in this state which has been damaged as a result of a
353      hurricane that is the subject of the declaration of emergency
354      for a period of 90 days after the dwelling or residential
355      property has been repaired. A dwelling or residential property
356      is deemed to be repaired when substantially completed and
357      restored to the extent that the dwelling or residential property
358      is insurable by another insurer that is writing policies in this
359      state.
360                2.     An insurer or agent may cancel or nonrenew such a
361      policy before the repair of the dwelling or residential
362      property:
363                a.     Upon 10 days' notice for nonpayment of premium; or
364                b.     Upon 45 days' notice:
365                (I)        For a material misstatement or fraud related to the
366      claim;
367                (II)       If the insurer determines that the insured has
368      unreasonably caused a delay in the repair of the dwelling or
369      residential property; or
370                (III)       If the insurer has paid policy limits.
371                3.     If the insurer elects to nonrenew a policy covering a
372      dwelling or residential property that has been damaged, the
373      insurer must provide at least 90 days' notice to the insured
374      that the insurer intends to nonrenew the policy 90 days after
375      the dwelling or residential property has been repaired.

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         HB 1611                                                                                               2024




376                4.    This paragraph does not prevent the insurer from
377      canceling or nonrenewing the policy 90 days after the repairs
378      are complete for the same reasons the insurer would otherwise
379      have canceled or nonrenewed the policy but for the limitation
380      imposed in subparagraph 1.
381                5.    The commission may adopt rules, and the Commissioner of
382      Insurance Regulation may issue orders, necessary to implement
383      this paragraph.
384                Section 6.       Paragraph (j) of subsection (2) of section
385      627.062, Florida Statutes, is amended to read:
386                627.062      Rate standards.—
387                (2)       As to all such classes of insurance:
388                (j)       With respect to residential property insurance rate
389      filings, the rate filing:
390                1.    Must account for mitigation measures undertaken by
391      policyholders to reduce hurricane losses and windstorm losses.
392                2.    May use a modeling indication that is the weighted or
393      straight average of two or more hurricane loss projection models
394      found by the Florida Commission on Hurricane Loss Projection
395      Methodology to be accurate or reliable pursuant to s. 627.0628.
396      If an averaged model is used under this subparagraph, the same
397      averaged model must be used throughout this state. If a weighted
398      average is used, the insurer must provide the office with a
399      justification for using the weighted average which shows that it
400      results in a rate that is reasonable, adequate, and fair.

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         HB 1611                                                                                               2024




401
402      The provisions of this subsection do not apply to workers'
403      compensation, employer's liability insurance, and motor vehicle
404      insurance.
405                Section 7.       Paragraph (n) of subsection (6) of section
406      627.351, Florida Statutes, is amended to read:
407                627.351      Insurance risk apportionment plans.—
408                (6)       CITIZENS PROPERTY INSURANCE CORPORATION.—
409                (n)1.      Rates for coverage provided by the corporation must
410      be actuarially sound pursuant to s. 627.062 and not competitive
411      with approved rates charged in the admitted voluntary market so
412      that the corporation functions as a residual market mechanism to
413      provide insurance only when insurance cannot be procured in the
414      voluntary market, except as otherwise provided in this
415      paragraph. The office shall provide the corporation such
416      information as would be necessary to determine whether rates are
417      competitive. The corporation shall file its recommended rates
418      with the office at least annually. The corporation shall provide
419      any additional information regarding the rates which the office
420      requires. The office shall consider the recommendations of the
421      board and issue a final order establishing the rates for the
422      corporation within 45 days after the recommended rates are
423      filed. The corporation may not pursue an administrative
424      challenge or judicial review of the final order of the office.
425                2.    In addition to the rates otherwise determined pursuant

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         HB 1611                                                                                               2024




426      to this paragraph, the corporation shall impose and collect an
427      amount equal to the premium tax provided in s. 624.509 to
428      augment the financial resources of the corporation.
429                3.    After the public hurricane loss-projection model under
430      s. 627.06281 has been found to be accurate and reliable by the
431      Florida Commission on Hurricane Loss Projection Methodology, the
432      model shall be considered when establishing the windstorm
433      portion of the corporation's rates. The corporation may use the
434      public model results in combination with the results of private
435      models to calculate rates for the windstorm portion of the
436      corporation's rates. This subparagraph does not require or allow
437      the corporation to adopt rates lower than the rates otherwise
438      required or allowed by this paragraph.
439                4.    The corporation must make a recommended actuarially
440      sound rate filing for each personal and commercial line of
441      business it writes.
442                5.    Notwithstanding the board's recommended rates and the
443      office's final order regarding the corporation's filed rates
444      under subparagraph 1., the corporation shall annually implement
445      a rate increase which, except for sinkhole coverage, does not
446      exceed the following for any single policy issued by the
447      corporation, excluding coverage changes and surcharges:
448                a.    Twelve percent for 2023.
449                b.    Thirteen percent for 2024.
450                c.    Fourteen percent for 2025.

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451                d.     Fifteen percent for 2026 and all subsequent years.
452                6.     The corporation may also implement an increase to
453      reflect the effect on the corporation of the cash buildup factor
454      pursuant to s. 215.555(5)(b).
455                7.     The corporation's implementation of rates as prescribed
456      in subparagraphs 5. and 8. shall cease for any line of business
457      written by the corporation upon the corporation's implementation
458      of actuarially sound rates. Thereafter, the corporation shall
459      annually make a recommended actuarially sound rate filing that
460      is not competitive with approved rates in the admitted voluntary
461      market for each commercial and personal line of business the
462      corporation writes.
463                8.     The following New or renewal personal lines policies
464      that do not cover a primary residence written on or after
465      November 1, 2023, are not subject to the rate increase
466      limitations in subparagraph 5., but may not be charged more than
467      50 percent above, nor less than, the prior year's established
468      rate for the corporation:
469                a.     Policies that do not cover a primary residence;
470                b.     New policies under which the coverage for the insured
471      risk, before the date of application with the corporation, was
472      last provided by an insurer determined by the office to be
473      unsound or an insurer placed in receivership under chapter 631;
474      or
475                c.     Subsequent renewals of those policies, including the

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476      new policies in sub-subparagraph b., under which the coverage
477      for the insured risk, before the date of application with the
478      corporation, was last provided by an insurer determined by the
479      office to be unsound or an insurer placed in receivership under
480      chapter 631.
481                9.    As used in this paragraph, the term "primary residence"
482      means the dwelling that is the policyholder's primary home or is
483      a rental property that is the primary home of the tenant, and
484      which the policyholder or tenant occupies for more than 9 months
485      of each year.
486                Section 8.       Section 628.011, Florida Statutes, is amended
487      to read:
488                628.011      Scope of part.—This part applies only to domestic
489      stock insurers, mutual insurers, and captive insurers, except
490      that s. 628.341(2) applies also as to foreign and alien
491      insurers.
492                Section 9.       Section 628.061, Florida Statutes, is amended
493      to read:
494                628.061      Investigation of proposed organization.—In
495      connection with any proposal to organize incorporate a domestic
496      insurer, the office shall make an investigation of:
497                (1)       The character, reputation, financial standing, and
498      motives of the organizers, incorporators, and subscribers
499      organizing the proposed insurer.
500                (2)       The character, financial responsibility, insurance

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501      experience, and business qualifications of its proposed
502      officers.
503                (3)       The character, financial responsibility, business
504      experience, and standing of the proposed stockholders and
505      directors.
506                Section 10.          Subsections (1), (2), and (5) of section
507      628.801, Florida Statutes, are amended to read:
508                628.801      Insurance holding companies; registration;
509      regulation.—
510                (1)       An insurer that is authorized to do business in this
511      state and that is a member of an insurance holding company
512      shall, on or before April 1 of each year, register with the
513      office and file a registration statement and be subject to
514      regulation with respect to its relationship to the holding
515      company as provided by law or rule. The commission shall a dopt
516      rules establishing the information and statement form required
517      for registration and the manner in which registered insurers and
518      their affiliates are regulated. The rules apply to domestic
519      insurers, foreign insurers, and commercially domiciled insurers ,
520      except for foreign insurers domiciled in states that are
521      currently accredited by the NAIC. Except to the extent of any
522      conflict with this code, the rules must include all requirements
523      and standards of the Insurance Holding Company System Model
524      Regulation and ss. 4 and 5 of the Insurance Holding Company
525      System Regulatory Act and the Insurance Holding Company System

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526      Model Regulation of the NAIC, as adopted in December 2020 2010.
527      The commission may adopt subsequent amendments thereto if the
528      methodology remains substantially consistent. The rules may
529      include a prohibition on oral contracts between affiliated
530      entities. Material transactions between an insurer and its
531      affiliates must shall be filed with the office as provided by
532      rule.
533                (2)       Effective January 1, 2015, The ultimate controlling
534      person of every insurer subject to registration shall also file
535      an annual enterprise risk report on or before April 1. As used
536      in this subsection, the term "ultimate controlling person" means
537      a person who is not controlled by any other person. The report
538      must, to the best of the ultimate controlling person's knowledge
539      and belief, must identify the material risks within the
540      insurance holding company system that could pose enterprise risk
541      to the insurer. The report must shall be filed with the lead
542      state office of the insurance holding company system as
543      determined by the procedures within the Financial Analysis
544      Handbook adopted by the NAIC and is confidential and exempt from
545      public disclosure as provided in s. 624.4212.
546                (a)       An insurer may satisfy this requirement by providing
547      the office with the most recently filed parent corporation
548      reports that have been filed with the Securities and Exchange
549      Commission which provide the appropriate enterprise risk
550      information.

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551                (b)       The term "enterprise risk" means an activity, a
552      circumstance, an event, or a series of events involving one or
553      more affiliates of an insurer which, if not remedied promptly,
554      are likely to have a materially adverse effect upon the
555      financial condition or liquidity of the insurer or its insurance
556      holding company system as a whole, including anything that would
557      cause the insurer's risk-based capital to fall into company
558      action level as set forth in s. 624.4085 or would cause the
559      insurer to be in a hazardous financial condition.
560                (c)       The commission may adopt rules for filing the annual
561      enterprise risk report in accordance with the Insurance Holding
562      Company System Regulatory Act and the Insurance Holding Company
563      System Model Regulation of the NAIC, as adopted in December
564      2020.
565                (5)       Effective January 1, 2015, The failure to file a
566      registration statement, or a summary of the registration
567      statement, or the enterprise risk filing report required by this
568      section within the time specified for filing is a violation of
569      this section.
570                Section 11.          Section 629.011, Florida Statutes, is amended
571      to read:
572                629.011      Definitions "Reciprocal insurance" defined.—As
573      used in this part, the term:
574                (1)       "Affiliated person" of another person means any of the
575      following:

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576                (a)       The spouse of the other person.
577                (b)       The parents of the other person and their lineal
578      descendants, or the parents of the other person's spouse and
579      their lineal descendants.
580                (c)       A person who directly or indirectly owns or controls,
581      or holds with the power to vote, 10 percent or more of the
582      outstanding voting securities of the other person.
583                (d)       A person who directly or indirectly owns 10 percent or
584      more of the outstanding voting securities that are directly or
585      indirectly owned or controlled, or held with the power to vot e,
586      by the other person.
587                (e)       A person or group of persons who directly or
588      indirectly control, are controlled by, or are under common
589      control with the other person.
590                (f)       A person who is a director, an officer, a trustee, a
591      partner, an owner, a manager, a joint venturer, or an employee,
592      or another person who is performing duties similar to those of a
593      person in one of the aforementioned positions.
594                (g)       If the other person is an investment company, any
595      investment adviser of such company or any member of an a dvisory
596      board of such company.
597                (h)       If the other person is an unincorporated investment
598      company not having a board of directors, the depositor of such
599      company.
600                (i)       A person who has entered into an agreement, written or

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601      unwritten, to act in concert with the other person in acquiring
602      or limiting the disposition of:
603                1.    Securities of an attorney in fact or controlling
604      company that is a stock corporation; or
605                2.    An ownership interest of an attorney in fact or
606      controlling company that is not a stock corporation.
607                (2)       "Attorney in fact" means the attorney in fact of a
608      reciprocal insurer. The attorney in fact may be an individual, a
609      corporation, or another person.
610                (3)       "Controlling company" means any person, corporation,
611      trust, limited liability company, association, or other entity
612      owning, directly or indirectly, 10 percent or more of the voting
613      securities of one or more attorneys in fact that are stock
614      corporations, or 10 percent or more of the ownership interest of
615      one or more attorneys in fact that are not stock corporations.
616                (4)       "Reciprocal insurance" means is that resulting from an
617      interexchange among persons, known as "subscribers," of
618      reciprocal agreements of indemnity, the interexchange being
619      effectuated through an "attorney in fact" common to all such
620      persons.
621                (5)       "Reciprocal insurer" means an insurer that is an
622      unincorporated aggregation of subscribers domiciled in this
623      state operating individually and collectively through an
624      attorney in fact to provide reciprocal insurance to such
625      subscribers. A domestic reciprocal insurer must be licensed as

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626      an assessable or a nonassessable reciprocal insurer.
627                (a)       An assessable reciprocal insurer may require that its
628      subscribers make up any shortfall in capital and surplus to
629      cover claims and expenses, either jointly or severally.
630                (b)       A nonassessable reciprocal insurer has no recourse
631      against subscribers for any shortfall in capital and surplus to
632      cover claims and expenses.
633                Section 12.          Section 629.021, Florida Statutes, is
634      repealed.
635                Section 13.          Section 629.031, Florida Statutes, is
636      repealed.
637                Section 14.          Section 629.051, Florida Statutes, is amended
638      to read:
639                629.051      Name; suits.—A reciprocal insurer shall:
640                (1)       A domestic reciprocal insurer shall have and use a
641      business name that must. The name shall include the word
642      "reciprocal," or "interinsurer," or "interinsurance," or
643      "exchange," or "underwriters," or "underwriting.," but this
644      requirement shall not apply as to any insurer holding a
645      certificate of authority to transact insurance in this state
646      immediately prior to the effective date of this code.
647                (2)       A foreign or alien reciprocal insurer transacting
648      business in this state, whose name does not include the word
649      "reciprocal," "interinsurer," "interinsurance," "exchange,"
650      "underwriters," or "underwriting," shall use a fictitious name,

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651      registered in accordance with s. 865.09, which includes one of
652      those words when transacting business in this state.
653                (3)       A reciprocal insurer may sue and be sued in its own
654      name.
655                Section 15.          Section 629.056, Florida Statutes, is created
656      to read:
657                629.056      Premium reserves.—A reciprocal insurer shall at
658      all times maintain unearned premium reserves equal to 50 percent
659      of the net written premiums of the subscribers on policies
660      having 1 year or less to run, and pro rata on policies running
661      for longer periods, except that all premiums on any marine or
662      transportation insurance trip risk are deemed unearned until the
663      trip is terminated. For the purpose of this section, the term
664      "net written premiums" means the premium payments made by
665      subscribers plus the premiums due from subscribers, after
666      deducting the amounts specifically provided in the subscribers'
667      agreements for expenses, including reinsurance costs and fees
668      paid to the attorney in fact, provided that the power of
669      attorney agreement contains an explicit provision requiring the
670      attorney in fact to refund any unearned subscriber fees on a pro
671      rata basis for canceled policies. In the absence of such a
672      provision, the unearned premium reserves must be calcula ted
673      without any adjustment for fees paid to the attorney in fact. If
674      the unearned premium reserves at any time are less than
675      $300,000, additional funds in cash or eligible securities must

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676      be maintained on deposit at the exchange at all times which,
677      together with the unearned premium reserves, equal $300,000. In
678      calculating these reserves, the amount of the attorney in fact's
679      bond, as filed with the office and as required by s. 629.121,
680      must be included in such reserves. If at any time the unearned
681      premium reserves are less than those required, the subscribers,
682      or the attorney in fact, must advance funds to cover the
683      deficiency. Such advances may only be repaid out of the surplus
684      of the exchange and only after receiving written approval from
685      the office.
686                Section 16.          Section 629.061, Florida Statutes, is
687      repealed.
688                Section 17.          Section 629.071, Florida Statutes, is amended
689      to read:
690                629.071      Surplus funds required.—The surplus required of a
691      reciprocal insurer is as required in s. 624.407 as to the kind
692      of insurance proposed to be transacted.
693                (1)       A domestic reciprocal insurer hereunder formed, if it
694      has otherwise complied with the applicable provisions of this
695      code, may be authorized to transact insurance if it has and
696      thereafter maintains surplus funds of not less than $250,000.
697                (2)       In addition to the surplus required to be maintained
698      under subsection (1), the insurer shall have, when first so
699      authorized, an expendable surplus of not less than $750,000.
700                Section 18.          Section 629.081, Florida Statutes, is amended

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701      to read:
702                629.081       Organization of reciprocal insurer.—
703                (1)       Twenty-five or more persons domiciled in this state
704      who wish to organize as a domestic reciprocal insurer may make
705      application to the office for a permit to do so. A domestic
706      reciprocal insurer may not be formed unless the persons so
707      proposing have first received a permit from the office may
708      organize a domestic reciprocal insurer and make application to
709      the office for a certificate of authority to transact insurance .
710                (2)       The permit application, to be filed by the organizers
711      or the proposed attorney in fact, must be in writing and made in
712      accordance with forms prescribed by the commission. In addition
713      to any applicable requirements of s. 628.051 or other relevant
714      statutes, the application must include all of the following
715      shall fulfill the requirements of and shall execute and file
716      with the office, when applying for a certificate of authority, a
717      declaration setting forth:
718                (a)       The name of the proposed reciprocal insurer, which
719      must be in accordance with s. 629.051.;
720                (b)       The location of the insurer's principal office, which
721      must shall be the same as that of the proposed attorney in fact
722      and must shall be maintained within this state.;
723                (c)       The kinds of insurance proposed to be transac ted.;
724                (d)       The names and addresses of the original 25 or more
725      subscribers.;

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726                (e)       The proposed designation and appointment of the
727      proposed attorney in fact and a copy of the power of attorney.;
728                (f)       The names and addresses of the officers and directors
729      of the proposed attorney in fact, if a corporation, or of its
730      members, if other than a corporation.;
731                (g)       The background information as specified in s. 629.227
732      for all officers, directors, managers, and those in equivalent
733      positions of the proposed attorney in fact as well as for any
734      person with an ownership interest of 10 percent or more in the
735      proposed attorney in fact.
736                (h)       The articles of incorporation and bylaws, or
737      equivalent documents, of the proposed attorney in fact, dated
738      within the last year and appropriately certified.
739                (i)       The proposed charter powers of the subscribers'
740      advisory committee, and the names and terms of office of the
741      members thereof, as well as the background information as
742      specified in s. 629.227 for each proposed member.;
743                (h)       That all moneys paid to the reciprocal shall, after
744      deducting therefrom any sum payable to the attorney, be held in
745      the name of the insurer and for the purposes specified in the
746      subscribers' agreement;
747                (j)(i)      A copy of the proposed subscribers' agreement.;
748                (j)       A statement that each of the original subscribers has
749      in good faith applied for insurance of a kind proposed to be
750      transacted, and that the insurer has received from each such

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751      subscriber the full premium or premium deposit required for the
752      policy applied for, for a term of not less than 6 months at an
753      adequate rate theretofore filed with and approved by the office;
754                (k)       A statement of the financial condition of the insurer,
755      a schedule of its assets, and a statement that the surplus as
756      required by s. 629.071 is on hand; and
757                (l)       A copy of each policy, endorsement, and application
758      form it then proposes to issue or use.
759                (l)       A copy of the bond required under s. 629.121.
760                (3)       The filing must be accompanied by the application fee
761      required by s. 624.501(1)(a) and such other pertinent
762      information and documents as reasonably requested by the office.
763                (4)       The office shall evaluate and grant or deny the permit
764      application in accordance with ss. 628.061, 628.071, and other
765      relevant provisions of the code.
766
767      Such declaration shall be acknowledged by the attorney before an
768      officer authorized to take acknowledgments.
769                Section 19.          Section 629.091, Florida Statutes, is amended
770      to read:
771                629.091      Reciprocal certificate of authority.—
772                (1)       To apply for a certificate of authority as a domestic
773      reciprocal insurer, the attorney in fact of an applicant who has
774      previously received a permit from the office may file an
775      application in accordance with forms prescribed by the

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776      commission which, in addition to applicable requirements of ss.
777      624.404, 624.411, 624.413, and other relevant statutes, consists
778      of all of the following:
779                (a)       Executed copies of any proposed or draft documents
780      required as part of the permit application.
781                (b)       A statement affirming that all moneys paid to the
782      reciprocal shall, after deducting therefrom any sum payable to
783      the attorney in fact, be held in the name of the insurer and for
784      the purposes specified in the subscribers' agreement.
785                (c)       A statement that each of the original subscribers has
786      in good faith applied for insurance of a kind proposed to be
787      transacted, and that the insurer has received from each such
788      subscriber the full premium or premium deposit required for the
789      policy applied for, for a term of not less than 6 months at the
790      rate that was filed with and approved by the office.
791                (d)       A copy of the bond required under s. 629.121.
792                (e)       A statement of the financial condition of the insurer,
793      a schedule of its assets, and a statement that the surplus as
794      required by s. 629.071 is on hand.
795                (f)       Such other pertinent information or documents as
796      reasonably requested by the office.
797                (2)       The reciprocal certificate of authority must of a
798      reciprocal insurer shall be issued to its attorney in the name
799      of the reciprocal insurer to its attorney in fact.
800                Section 20.          Section 629.094, Florida Statutes, is created

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         HB 1611                                                                                               2024




801      to read:
802                629.094 Continued eligibility for certificate of
803      authority.-In order to maintain its eligibility for a
804      certificate of authority, a domestic reciprocal insurer must
805      continue to meet all conditions required to be met under this
806      code and the rules adopted thereunder for the initial
807      applications for a permit and certificate of authority.
808                Section 21.          Section 629.101, Florida Statutes, is amended
809      to read:
810                629.101      Power of attorney.—
811                (1)       The rights and powers of the attorney in fact of a
812      domestic reciprocal insurer are shall be as provided in the
813      power of attorney given it by the subscribers.
814                (2)       The power of attorney must set forth all of the
815      following:
816                (a)       The powers of the attorney in fact.;
817                (b)       That the attorney in fact is empowered to accept
818      service of process on behalf of the insurer in actions against
819      the insurer upon contracts exchanged.;
820                (c)       The place where the office of the attorney in fact is
821      maintained.
822                (d)       The general services to be performed by the attorney
823      in fact.;
824                (e)(d)      The maximum amount to be deducted from advance
825      premiums or deposits to be paid to the attorney in fact and the

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         HB 1611                                                                                               2024




826      general items of expense in addition to losses, to be paid by
827      the insurer.; and
828                (f)(e)      Except as to nonassessable policies, a provision
829      for a contingent several liability of each subscriber in a
830      specified amount, which amount may shall be not be less than 5
831      times nor more than 10 times the premium or premium deposit
832      stated in the policy.
833                (3)       The power of attorney may:
834                (g)(a)      Provide for The right of substitution of the
835      attorney in fact and revocation of the power of attorney and
836      rights thereunder.;
837                (h)(b)      Impose such Restrictions upon the exercise of the
838      power as are agreed upon by the subscribers.;
839                (i)(c)      Provide for The exercise of any right reserved to
840      the subscribers directly or through their advisory committee .;
841      and
842                (3)(d)      The power of attorney may contain other lawful
843      provisions deemed advisable.
844                (4)       The terms of any power of attorney or agreement
845      collateral thereto must shall be reasonable and equitable, and
846      no such power or agreement may shall be used or be effective in
847      this state unless filed with the office.
848                Section 22.          Section 629.111, Florida Statutes, is amended
849      to read:
850                629.111      Modifications.—Modifications of the terms of the

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         HB 1611                                                                                               2024




851      subscribers' agreement, charter of the subscribers' advisory
852      committee, or of the power of attorney of a domestic reciprocal
853      insurer must shall be made jointly by the attorney in fact and
854      the subscribers' advisory committee. No such modification may
855      shall be effective retroactively, nor as to any insurance
856      contract issued prior thereto. A modification may not take
857      effect until filed with, and approved in writing by, the office.
858                Section 23.          Section 629.121, Florida Statutes, is amended
859      to read:
860                629.121      Attorney in fact's Attorney's bond.—
861                (1)       Concurrently with the filing of the permit application
862      declaration provided for in s. 629.081, the attorney in fact of
863      a domestic reciprocal insurer shall file with the office a bond
864      in favor of this state for the benefit of all persons damaged as
865      a result of breach by the attorney in fact of the conditions of
866      its his or her bond as set forth in subsection (2). The bond
867      must shall be executed by the attorney in fact and by an
868      authorized corporate surety and is shall be subject to the
869      approval of the office.
870                (2)       The bond must shall be in the sum of $300,000
871      $100,000, aggregate in form, the bond conditioned that the
872      attorney in fact will faithfully account for all moneys and
873      other property of the insurer coming into its his or her hands,
874      and that it he or she will not withdraw or appropriate to its
875      his or her own use from the funds of the insurer any moneys or

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         HB 1611                                                                                               2024




876      property to which it he or she is not entitled under the power
877      of attorney.
878                (3)       The bond must shall provide that it is not subject to
879      cancellation unless 30 days' advance notice in writing of
880      cancellation is given both the attorney in fact and the office.
881                Section 24.          Section 629.131, Florida Statutes, is amended
882      to read:
883                629.131      Deposit in lieu of bond.—In lieu of the bond
884      required under s. 629.121, the attorney in fact may maintain on
885      deposit with the department a like amount in value of securities
886      qualified for deposit under s. 625.52 and subject to the same
887      conditions as the bond.
888                Section 25.          Section 629.141, Florida Statutes, is amended
889      to read:
890                629.141      Action on bond.—Action on the attorney in fact's
891      attorney's bond or to recover against any such deposit made in
892      lieu thereof may be brought at any time by one or more
893      subscribers suffering loss through a violation of its conditions
894      or by a receiver or liquidator of the insurer. Amounts recovered
895      on the bond shall be deposited in and become part of the
896      insurer's funds. The total aggregate liability of the surety
897      shall be limited to the amount of the penalty of such bond.
898                Section 26.          Section 629.161, Florida Statutes, is amended
899      to read:
900                629.161      Contributions to insurer.—

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         HB 1611                                                                                               2024




901                (1)       A reciprocal insurer may borrow money to defray the
902      expenses of its organization, to provide itself with surplus
903      funds, or for any purpose of its business, upon a written
904      agreement that such money is required to be repaid only out of
905      the insurer's surplus in excess of that stipulated in such
906      agreement. Any interest stipulated in such agreement may not
907      constitute a liability of the insurer as to its funds other than
908      such excess of surplus. Commission or promotion expense may not
909      be paid in connection with any such loan.
910                (2)       Money so borrowed, together with the interest thereon
911      if so stipulated in the agreement, may not form a part of the
912      insurer's legal liabilities, except as to its surplus in excess
913      of the amount stipulated in the agreement, or be the basis of
914      any setoff; but until repaid, financial statements filed or
915      published by the insurer must show as a footnote to such
916      statement the amount of the unpaid loan together with any
917      interest accrued but unpaid.
918                (3)       Any such loan to a reciprocal insurer is subject to
919      the approval of the office for the issue and the rate of
920      interest to be paid. The reciprocal insurer shall, in advance of
921      the loan, file with the office a statement of the purpose of the
922      loan and a copy of the proposed loan agreement. The office shall
923      disapprove any proposed loan or agreement if it finds that the
924      loan is unnecessary or excessive for the purpose intended; that
925      the terms of the loan agreement are not fair and equitable to

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         HB 1611                                                                                               2024




926      the parties and to other similar lenders, if any, to the
927      reciprocal insurer; or that the information so filed by the
928      reciprocal insurer is inadequate.
929                (4)       Any such loan to a reciprocal insurer, or a
930      substantial portion of such loan, must be repaid by the
931      reciprocal insurer when no longer reasonably necessary for the
932      purpose originally intended. A reciprocal insurer may not repay
933      such loan or any interest on such loan unless repayment is
934      approved in advance by the office.
935                (5)       This section does not apply to loans obtained by the
936      reciprocal insurer in the ordinary course of business from banks
937      and other financial institutions, or to loans secured by pledge
938      or mortgage of assets The attorney or other parties may advance
939      to a domestic reciprocal insurer upon reasonable terms such
940      funds as it may require from time to time in its operations.
941      Sums so advanced shall not be treated as a liability of the
942      insurer and, except upon liquidation of the insurer, shall not
943      be withdrawn or repaid except out of the insurer's realized
944      earned surplus in excess of its minimum required surplus. No
945      such withdrawal or repayment shall be made without the advance
946      approval of the office. This section does not apply as to bank
947      loans or to loans made upon security.
948                Section 27.          Subsection (1) of section 629.171, Florida
949      Statutes, is amended to read:
950                629.171      Annual statement.—

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         HB 1611                                                                                               2024




951                (1)       The annual statement of a reciprocal insurer must
952      shall be made and filed by its attorney in fact in the same
953      manner as domestic stock insurers under s. 624.424.
954                Section 28.          Section 629.191, Florida Statutes, is amended
955      to read:
956                629.191      Who may be subscribers.—Individuals, partnerships,
957      and corporations of this state may make applications for, enter
958      into agreements for, and hold policies or contracts in or with,
959      and be subscribers of, any domestic, foreign, or alien
960      reciprocal insurer.
961                Section 29.          Section 629.201, Florida Statutes, is amended
962      to read:
963                629.201      Subscribers' advisory committee.—
964                (1)       The advisory committee of a domestic reciprocal
965      insurer exercising the subscribers' rights must shall be
966      selected under such rules as the subscribers adopt.
967                (2)       Not less than two-thirds of such committee may shall
968      be subscribers other than the attorney in fact, or any person
969      appointed by, employed by, representing, or having a financial
970      interest in the attorney in fact.
971                (3)       The committee shall do all of the following:
972                (a)       Supervise the finances of the insurer.;
973                (b)       Supervise the insurer's operations to such extent as
974      to assure conformity with the subscribers' agreement and power
975      of attorney.;

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          HB 1611                                                                                               2024




 976                (c)       Procure the audit of the accounts and records of the
 977      insurer and of the attorney in fact at the expense of the
 978      insurer.; and
 979                (d)       Have such additional powers and functions as may be
 980      conferred by the subscribers' agreement.
 981                Section 30.          Section 629.225, Florida Statutes, is created
 982      to read:
 983                629.225      Acquisitions.—
 984                (1)       A person may not, individually or in conjunction with
 985      an affiliated person of such person, directly or indirectly,
 986      conclude a tender offer or exchange offer for, enter into any
 987      agreement to exchange securities for, or otherwise finally
 988      acquire 10 percent or more of the outstanding voting securities
 989      of an attorney in fact that is a stock corporation or of a
 990      controlling company of an attorney in fact that is a stock
 991      corporation; or conclude an acquisition of, or otherwise finally
 992      acquire, 10 percent or more of the ownership interest of an
 993      attorney in fact that is not a stock corporation or of a
 994      controlling company of an attorney in fact that is not a stock
 995      corporation, unless all of the following conditions are met:
 996                (a)       The person or affiliated person has filed with the
 997      office and sent to the principal office of the attorney in fact,
 998      any controlling company of the attorney in fact, and the
 999      reciprocal insurer a letter of notification regarding the
1000      transaction or proposed transaction no later than 5 days after

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1001      any form of tender offer or exchange offer is proposed, or no
1002      later than 5 days after the acquisition of the securities or
1003      ownership interest if no tender offer or exchange offer is
1004      involved. The notification must be provided on forms prescribed
1005      by the commission containing information determined necessary to
1006      understand the transaction and identify all purchasers and
1007      owners involved.
1008                (b)       The person or affiliated person has filed with the
1009      office an application, signed under oath and prepared on forms
1010      prescribed by the commission, which contains the information
1011      specified in subsection (3). The application must be completed
1012      and filed within 30 days after any form of tender offer or
1013      exchange offer is proposed, or after the acquisition of the
1014      securities if no tender offer or exchange offer is involved.
1015                (c)       The office has approved the tender offer or exchange
1016      offer, or acquisition if no tender offer or exchange offer is
1017      involved.
1018                (2)       The person or affiliated person filing the notice
1019      required in paragraph (1)(a) may additionally request that the
1020      office waive the requirements of paragraph (1)(b), provided that
1021      there is no change in the ultimate controlling shareholders, no
1022      change in the ownership percentages of the ultimate controlling
1023      shareholders, and no unaffiliated parties acquire any direct or
1024      indirect interest in the attorney in fact. The office may waive
1025      the filing if it determines that there is no change in the

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          HB 1611                                                                                               2024




1026      ultimate controlling shareholders, no change in the ownership
1027      percentages of the ultimate controlling shareholders, and no
1028      unaffiliated parties will acquire any direct or indirect
1029      interest in the attorney in fact.
1030                (3)       The application to be filed with the office and
1031      furnished to the attorney in fact and controlling company must
1032      contain all of the following information and any additional
1033      information as the office deems necessary to determine the
1034      character, experience, ability, and other qualifications of the
1035      person, or the affiliated person of such person, for the
1036      protection of the reciprocal insurer's subscribers and of the
1037      public:
1038                (a)       The identity and background information specified in
1039      s. 629.227 of:
1040                1.    Each person by whom, or on whose behalf, the
1041      acquisition is to be made; and
1042                2.    Any person who controls, either directly or indirectly,
1043      such other person, including each director, officer, trustee,
1044      partner, owner, manager, or joint venturer, or another person
1045      performing duties similar to those of persons in the
1046      aforementioned positions for the person.
1047                (b)       The source and amount of the funds or other
1048      consideration used, or to be used, in making the acquisition.
1049                (c)       Any plans or proposals that such persons may have made
1050      to liquidate the attorney in fact or controlling company, to

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          HB 1611                                                                                               2024




1051      sell any of their assets or merge or consolidate them with any
1052      person, or to make any other major change in their business or
1053      corporate structure or management, and any plans or proposals
1054      that such persons may have made to liquidate any controlling
1055      company of the attorney in fact, to sell any of its assets or
1056      merge or consolidate it with any person, or to make any other
1057      major change in its business or corporate structure or
1058      management.
1059                (d)       The nature and the extent of the controlling interest
1060      which the person, or the affiliated person of such person,
1061      proposes to acquire, the terms of the proposed acquisition, and
1062      the manner in which the controlling interest is to be acquired
1063      of an attorney in fact or controlling company which is not a
1064      stock corporation.
1065                (e)       The number of shares or other securities that the
1066      person, or the affiliated person of such person, proposes to
1067      acquire, the terms of the proposed acquisition, and the manner
1068      in which the securities are to be acquired.
1069                (f)       Information as to any contract, arrangement, or
1070      understanding with any party with respect to any of the
1071      securities of the attorney in fact or controlling company,
1072      including, but not limited to, information relating to the
1073      transfer of any of the securities, option arrangements, puts or
1074      calls, or the giving or withholding of proxies, which
1075      information names the party with whom the contract, arrangement,

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          HB 1611                                                                                               2024




1076      or understanding has been entered into and gives the details
1077      thereof.
1078                (4)       The acquisition application must be accompanied by the
1079      fee required under s. 624.501(1)(a).
1080                (5)       If any material change occurs in the facts provided in
1081      the application filed with the office pursuant to this section,
1082      or the background information required under s. 629.227, an
1083      amendment specifying such changes must be immediately filed with
1084      the office, and a copy of the amendment must be sent to the
1085      principal office of the attorney in fact and to the principal
1086      office of the controlling company.
1087                (6)(a)      The acquisition application must be reviewed in
1088      accordance with chapter 120. The office may conduct, or, if
1089      requested to do so in writing by a substantially affected
1090      person, shall conduct, a proceeding to consider the
1091      appropriateness of the proposed application. Time periods for
1092      purposes of chapter 120 are tolled during the pendency of the
1093      proceeding. Any written request for a proceeding must be filed
1094      with the office within 10 days after the date notice of the
1095      filing is given. During the pendency of the proceeding or review
1096      period by the office, any person or affiliated person complying
1097      with the filing requirements of this section may proceed and
1098      take all steps necessary to conclude the acquisition so long as
1099      finalization of the acquisition is conditioned upon obtaining
1100      office approval. However, at any time it finds an immediate

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          HB 1611                                                                                               2024




1101      danger to the public health, safety, and welfare of the
1102      reciprocal insurer's subscribers exists, the office shall
1103      immediately order, pursuant to s. 120.569(2)(n), the proposed
1104      acquisition disapproved and any further steps to conclude the
1105      acquisition ceased.
1106                (b)       During the pendency of the office's review of any
1107      acquisition subject to this section, the acquiring person may
1108      not make any material change in the operation of the attorney in
1109      fact or controlling company unless the office has specifically
1110      approved the change, and the acquiring person may not make any
1111      material change in the management of the attorney in fact unless
1112      advance written notice of the change in management is furnished
1113      to the office. The term "material change in the operation of the
1114      attorney in fact" means a transaction that disposes of or
1115      obligates 5 percent or more of the capital and surplus of the
1116      attorney in fact. The term "material change in the management of
1117      the attorney in fact" means any change in management involving
1118      officers or directors of the attorney in fact or any person of
1119      the attorney in fact or controlling company having authority to
1120      dispose of or obligate 5 percent or more of the attorney in
1121      fact's capital or surplus. The office must approve a material
1122      change in the operation of the attorney in fact if it finds the
1123      applicable provisions of subsection (7) have not been met. The
1124      office may disapprove a material change in management of the
1125      attorney in fact if it finds that the applicable provisions of

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          HB 1611                                                                                               2024




1126      subsection (7) have been met, and in such case the attorney in
1127      fact shall promptly change management as acceptable to the
1128      office.
1129                (c)       If a request for a proceeding is filed, the proceeding
1130      must be conducted within 60 days after the date the written
1131      request for a proceeding is received by the office. A
1132      recommended order must be issued within 20 days after the date
1133      of the close of the proceedings. A final order must be issued
1134      within 20 days after the date of the recommended order or, if
1135      exceptions to the recommended order are filed, within 20 days
1136      after the date the exceptions are filed.
1137                (7)       The office may disapprove any acquisition subject to
1138      this section by any person, or any affiliated person of such
1139      person, who:
1140                (a)       Willfully violates this section;
1141                (b)       In violation of an order issued by the office pursuant
1142      to subsection (11), fails to divest himself or herself of any
1143      stock or ownership interest obtained in violation of this
1144      section or fails to divest himself or herself of any direct or
1145      indirect control of such stock or ownership interest, within 25
1146      days after such order; or
1147                (c)       In violation of an order issued by the office pursuant
1148      to subsection (11), acquires an additional stock or ownership
1149      interest in an attorney in fact or controlling company or direct
1150      or indirect control of such stock or ownership interest, without

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          HB 1611                                                                                               2024




1151      complying with this section.
1152                (8)       The person filing the application required by this
1153      section has the burden of proof. The office must approve any
1154      such acquisition if it finds, on the basis of the record made
1155      during any proceeding or on the basis of the filed application
1156      if no proceeding is conducted, that:
1157                (a)       The financial condition of the acquiring person will
1158      not jeopardize the financial stability of the attorney in fact
1159      or prejudice the interests of the reciprocal insurer's
1160      subscribers or the public.
1161                (b)       Any plan or proposal that the acquiring person has
1162      made:
1163                1.    To liquidate the attorney in fact, sell its assets, or
1164      merge or consolidate it with any person, or to make any other
1165      major change in its business or corporate structure or
1166      management, is fair and free of prejudice to the reciprocal
1167      insurer's subscribers or to the public; or
1168                2.    To liquidate any controlling company, sell its assets,
1169      or merge or consolidate it with any person, or to make any major
1170      change in its business or corporate structure or management
1171      which would have an effect upon the attorney in fact, is fair
1172      and free of prejudice to the reciprocal insurer's subscribers or
1173      to the public.
1174                (c)       The competence, experience, and integrity of those
1175      persons who will control directly or indirectly the operation of

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          HB 1611                                                                                               2024




1176      the attorney in fact indicate that the acquisition is in the
1177      best interest of the reciprocal insurer's subscribers and in the
1178      public interest.
1179                (d)       The natural persons for whom background information is
1180      required to be furnished pursuant to this section have such
1181      backgrounds as to indicate that it is in the best interests of
1182      the reciprocal insurer's subscribers and in the public interest
1183      to permit such persons to exercise control over the attorney in
1184      fact.
1185                (e)       The directors and officers, if such attorney in fact
1186      or controlling company is a stock corporation, or the trustees,
1187      partners, owners, managers, or joint venturers, or other persons
1188      performing duties similar to those of persons in the
1189      aforementioned positions, if such attorney in fact or
1190      controlling company is not a stock corporation, to be employed
1191      after the acquisition have sufficient insurance experience and
1192      ability to ensure reasonable promise of successful operation.
1193                (f)       The management of the attorney in fact after the
1194      acquisition will be competent and trustworthy and will possess
1195      sufficient managerial experience so as to make the proposed
1196      operation of the attorney in fact not hazardous to the
1197      insurance-buying public.
1198                (g)       The management of the attorney in fact after the
1199      acquisition will not include any person who has directly or
1200      indirectly through ownership, control, reinsurance transactions,

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          HB 1611                                                                                               2024




1201      or other insurance or business relations unlawfully manipulated
1202      the assets, accounts, finances, or books of any insurer or
1203      otherwise acted in bad faith with respect thereto.
1204                (h)       The acquisition is not likely to be hazardous or
1205      prejudicial to the reciprocal insurer's subscribers or to the
1206      public.
1207                (i)       The effect of the acquisition would not substantially
1208      lessen competition in the line of insurance for which the
1209      reciprocal insurer is licensed or certified in this state or
1210      would not tend to create a monopoly therein.
1211                (9)       A vote by the stockholder of record, or by any other
1212      person, of any security acquired in contravention of this
1213      section is not valid. Any acquisition contrary to this section
1214      is void. Upon the petition of the attorney in fact, the
1215      controlling company, or the reciprocal insurer, the circuit
1216      court for the county in which the principal office of the
1217      attorney in fact is located may, without limiting the generality
1218      of its authority, order the issuance or entry of an injunction
1219      or other order to enforce this section. There is a private right
1220      of action in favor of the attorney in fact or controlling
1221      company to enforce this section. A demand upon the office that
1222      it perform its functions is not required as a prerequisite to
1223      any legal action by the attorney in fact or controlling company
1224      against another person, and the office may not be deemed a
1225      necessary party to any action by the attorney in fact or

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          HB 1611                                                                                               2024




1226      controlling company to enforce this section. Any person who
1227      makes or proposes an acquisition requiring the filing of an
1228      application pursuant to this section, or who files such an
1229      application, is deemed to have designated the Chief Financial
1230      Officer, or his or her assistant or deputy or another person in
1231      charge of his or her office, as such person's agent for service
1232      of process under this section and is deemed to have submitted
1233      himself or herself to the administrative jurisdiction of the
1234      office and to the jurisdiction of the circuit court.
1235                (10)       Any approval under this section by the office does
1236      not constitute a recommendation by the office of the tender
1237      offer or exchange offer, or the acquisition, if no tender offer
1238      or exchange offer is involved. It is unlawful for a person to
1239      represent that the office's approval constitutes a
1240      recommendation. A person who violates this subsection commits a
1241      felony of the third degree, punishable as provided in s.
1242      775.082, s. 775.083, or s. 775.084. The statute-of-limitations
1243      period for the prosecution of an offense committed under this
1244      subsection is 5 years.
1245                (11)       A person may rebut a presumption of control by filing
1246      with the office a disclaimer of control with the office on a
1247      form prescribed by the commission. The disclaimer must fully
1248      disclose all material relationships and bases for affiliation
1249      between the person and the attorney in fact as well as the basis
1250      for disclaiming the affiliation. In lieu of such form, a person

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          HB 1611                                                                                               2024




1251      or acquiring party may file with the office a copy of a Schedule
1252      13G filed with the Securities and Exchange Commission pursuant
1253      to Rule 13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the
1254      Securities Exchange Act of 1934, as amended. After a disclaimer
1255      has been filed, the attorney in fact is relieved of any duty to
1256      register or report under this section which may arise out of the
1257      attorney in fact's relationship with the person unless the
1258      office disallows the disclaimer.
1259                (12)       If the office determines that any person, or any
1260      affiliated person of such person, has acquired 10 percent or
1261      more of the outstanding voting securities of an attorney in fact
1262      or controlling company that is a stock corporation, or 10
1263      percent or more of the ownership interest of an attorney in fact
1264      or controlling company that is not a stock corporation, without
1265      complying with this section, the office may order that the
1266      person, and any affiliated person of such person, cease
1267      acquisition of the attorney in fact or controlling company and,
1268      if appropriate, divest itself of any stock or ownership interest
1269      acquired in violation of this section.
1270                (13)(a)       The office shall, if necessary to protect the
1271      public interest, suspend or revoke the reciprocal certificate of
1272      authority of the reciprocal insurer whose attorney in fact or
1273      controlling company is acquired in violation of this section.
1274                (b)        If a reciprocal insurer is subject to suspension or
1275      revocation pursuant to paragraph (a), the attorney in fact is

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          HB 1611                                                                                               2024




1276      deemed to be in such condition, or to be using or to have been
1277      subject to such methods or practices in the conduct of its
1278      business, as to render its further transaction of insurance
1279      hazardous to its subscribers, creditors, or stockholders or to
1280      the public. In such case, the office may offer the reciprocal
1281      insurer, through its subscriber representatives, the ability to
1282      cure any suspension or revocation by procuring another attorney
1283      in fact acceptable to the office.
1284                (14)       This section does not apply to any acquisition of
1285      voting securities or ownership interest of an attorney in fact
1286      or of a controlling company by any person who is the owner of a
1287      majority of the voting securities or ownership interest with the
1288      approval of the office under this section or s. 629.091.
1289                Section 31.           Section 629.227, Florida Statutes, is created
1290      to read:
1291                629.227       Background information.—The information as to the
1292      background and identity of each person for whom information is
1293      required to be furnished pursuant to s. 629.081 or s. 629.225
1294      must include, but need not be limited to, all of the following:
1295                (1)        A sworn biographical statement, on forms adopted by
1296      the commission, which must include, but need not be limited to,
1297      the following information:
1298                (a)        Occupations, positions of employment, and offices held
1299      during the past 10 years, including the principal business and
1300      address of any business, corporation, or organization where each

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          HB 1611                                                                                               2024




1301      occupation, position of employment, or office occurred.
1302                (b)       Whether, during such 10-year period, the person was
1303      convicted of any crime other than a traffic violation.
1304                (c)       Whether, during such 10-year period, the person has
1305      been the subject of any proceeding for the revocation of any
1306      license and, if so, the nature of the proceeding and the
1307      disposition of the proceeding.
1308                (d)       Whether, during such 10-year period, the person has
1309      been the subject of any proceeding under the bankruptcy code.
1310                (e)       Whether, during such 10-year period, any person or
1311      other business or organization in which the person was a
1312      director, officer, trustee, partner, owner, manager, or other
1313      official has been subject to any proceeding under the bankruptcy
1314      code, either during the time of that person's tenure with the
1315      business or organization or within 12 months thereafter.
1316                (f)       Whether, during such 10-year period, the person has
1317      been enjoined, either temporarily or permanently, by a court of
1318      competent jurisdiction from violating any federal or state law
1319      regulating the business of insurance, securities, or banking, or
1320      from carrying out any particular practice or practices in the
1321      course of the business of insurance, securities, or banking,
1322      together with details as to any such event.
1323                (2)       The fingerprints of each person.
1324                (3)       An authorization for release of information necessary
1325      to investigate such person's background.

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          HB 1611                                                                                               2024




1326                (4)       Any additional information that the office deems
1327      necessary to determine the character, experience, ability, and
1328      other qualifications of the person, or affiliated person of such
1329      person, for the protection of the reciprocal insurer's
1330      subscribers and of the public.
1331                Section 32.          Subsection (1) of section 629.231, Florida
1332      Statutes, is amended, and subsection (5) is added to that
1333      section, to read:
1334                629.231      Assessments.—
1335                (1)       Assessments may from time to time be levied upon
1336      subscribers of an assessable a domestic reciprocal insurer who
1337      are liable for such assessments therefor under the terms of
1338      their policies by the attorney in fact. Any such assessment must
1339      be approved upon approval in advance by the subscribers'
1340      advisory committee and the office, or by the department as
1341      receiver of the insurer.
1342                (5)       Upon impairment of surplus of a nonassessable
1343      reciprocal insurer, the office shall revoke the authorization
1344      under s. 629.291(5) to convert to a nonassessable reciprocal
1345      insurer. After such revocation, any policy in force at the time
1346      the revocation occurs remains in force for the remainder of the
1347      period for which the premium has been paid, but the reciprocal
1348      insurer may not issue new policies without requiring contingent
1349      assessment liability from the new subscriber.
1350                Section 33.          Section 629.241, Florida Statutes, is amended

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          HB 1611                                                                                               2024




1351      to read:
1352                629.241      Time limit for assessments.—Every subscriber of a
1353      domestic reciprocal insurer having contingent liability shall be
1354      liable for, and shall pay his or her share of, any assessment,
1355      as computed and limited in accordance with this chapter, if:
1356                (1)       While his or her policy is in force or within 4 years
1357      after its termination, the subscriber is notified by either the
1358      attorney in fact or the office of its intentions to levy such
1359      assessment; or
1360                (2)       An order to show cause why a receiver, conservator,
1361      rehabilitator, or liquidator of the insurer should not be
1362      appointed is issued while the subscriber's policy is in force or
1363      within 4 years after its termination.
1364                Section 34.          Section 629.251, Florida Statutes, is amended
1365      to read:
1366                629.251      Aggregate liability.—No one policy or subscriber
1367      as to such policy shall be assessed or charged with an aggregate
1368      of contingent liability as to obligations incurred by a domestic
1369      reciprocal insurer in any one calendar year in excess of the
1370      amount provided for in the power of attorney or in the
1371      subscribers' agreement, computed solely upon premium earned on
1372      such policy during that year.
1373                Section 35.          Section 629.261, Florida Statutes, is
1374      repealed.
1375                Section 36.          Subsection (2) of section 629.271, Florida

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          HB 1611                                                                                               2024




1376      Statutes, is amended to read:
1377                629.271      Distribution of savings.—
1378                (2)       In addition to the option provided in subsection (1),
1379      a domestic reciprocal insurer may, upon the prior written
1380      approval of the office, pay to its subscribers a portion of
1381      unassigned funds of up to 10 percent of surplus, with
1382      distribution limited to 50 percent of net income from the
1383      previous calendar year. Such distribution may not unfairly
1384      discriminate between classes of risks or policies, or between
1385      subscribers, but may vary as to classes of subscribers based on
1386      the experience of the classes.
1387                Section 37.          Section 629.281, Florida Statutes, is amended
1388      to read:
1389                629.281      Subscribers' share in assets.—Upon the liquidation
1390      of a domestic reciprocal insurer, its assets remaining after
1391      discharge of its indebtedness and policy obligations, the return
1392      of any contributions of the attorney in fact or other persons to
1393      its surplus made as provided in s. 629.161, and the return of
1394      any unused premium, savings, or credits then standing on
1395      subscribers' accounts shall be distributed to its subscribers
1396      who were such within the 12 months prior to the last termination
1397      of its reciprocal certificate of authority, according to such
1398      reasonable formula as the office approves.
1399                Section 38.          Subsections (1), (2), and (4) of section
1400      629.291, Florida Statutes, are amended, and subsection (5) is

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          HB 1611                                                                                               2024




1401      added to that section, to read:
1402                629.291      Merger or conversion.—
1403                (1)       A domestic reciprocal insurer, upon affirmative vote
1404      of not less than two-thirds of its subscribers who vote on such
1405      merger pursuant to due notice, subject to and the approval by of
1406      the office of the terms therefor, may merge with another
1407      reciprocal insurer or be converted to a stock or mutual insurer ,
1408      to be thereafter governed by the applicable sections of the
1409      Florida Insurance Code. However, a domestic stock insurer may
1410      not be converted to a reciprocal insurer.
1411                (2)       Any such plan to merge a reciprocal insurer with
1412      another reciprocal insurer or for conversion of the reciprocal
1413      insurer to a stock or mutual insurer must be filed with the
1414      office on forms adopted by the commission and must contain such
1415      information as the office reasonable requires to evaluate the
1416      transaction Such a stock or mutual insurer shall be subject to
1417      the same capital or surplus requirements and shall have the same
1418      rights as a like domestic insurer transacting like kinds of
1419      insurance.
1420                (4)       Reinsurance of all or substantially all of the
1421      insurance in force of a domestic reciprocal insurer in another
1422      insurer is shall be deemed to be a merger for the purposes of
1423      this section.
1424                (5)(a)      An assessable reciprocal insurer may be converted
1425      to a nonassessable reciprocal insurer if:

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          HB 1611                                                                                               2024




1426                1.    The subscriber's advisory committee approves the
1427      application for conversion;
1428                2.    The attorney in fact submits the application on the
1429      required application form; and
1430                3.    The office finds that the application meets the minimum
1431      statutory requirements.
1432                (b)       If the office approves the application, the assessable
1433      reciprocal insurer may be converted to a nonassessable
1434      reciprocal insurer by:
1435                1.    Extinguishing the contingent liability of subscribers
1436      under all policies then in force in this state;
1437                2.    Omitting contingent liability provisions in all
1438      policies delivered or issued in this state after the conversion;
1439      and
1440                3.    Otherwise extinguishing the contingent liability of all
1441      of its subscribers. However, if the reciprocal insurer is
1442      transacting insurance as an authorized insurer in another state
1443      and that state's laws require the insurer to issue policies with
1444      contingent liability provisions, the insurer may issue
1445      contingent liability policies in that other state.
1446                (c)       If the surplus of the reciprocal insurer becomes
1447      impaired, the insurer may no longer issue nonassessable policies
1448      or convert assessable policies to nonassessable policies, and s.
1449      629.301 applies.
1450                Section 39.          Subsections (1) and (2) of section 629.301,

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          HB 1611                                                                                               2024




1451      Florida Statutes, are amended to read:
1452                629.301      Impaired reciprocal insurers.—
1453                (1)       If the assets of a domestic reciprocal insurer are at
1454      any time insufficient to discharge its liabilities, other than
1455      any liability on account of funds contributed by the attorney in
1456      fact or others, and to maintain the required surplus, its
1457      attorney in fact shall forthwith make up the deficiency or levy
1458      an assessment upon the subscribers for the amount needed to make
1459      up the deficiency, but subject to the limitation set forth in
1460      the power of attorney or policy.
1461                (2)       If the attorney in fact fails to make up such
1462      deficiency or to make the assessment within 30 days after the
1463      office orders him or her to do so, or if the deficiency is not
1464      fully made up within 60 days after the date the assessment was
1465      made, the insurer must shall be deemed insolvent and shall be
1466      proceeded against in the same manner as any other domestic
1467      insurer under chapter 631 and the insurance as authorized by
1468      this code.
1469                Section 40.          Section 629.401, Florida Statutes, is
1470      repealed.
1471                Section 41.          Section 629.520, Florida Statutes, is
1472      repealed.
1473                Section 42.          Section 629.525, Florida Statutes, is created
1474      to read:
1475                629.525      Rulemaking authority.—The commission shall adopt,

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          HB 1611                                                                                               2024




1476      amend, or repeal rules pursuant to chapter 120 which are
1477      necessary to implement this chapter.
1478                Section 43.          Paragraph (h) of subsection (3) of section
1479      163.01, Florida Statutes, is amended to read:
1480                163.01      Florida Interlocal Cooperation Act of 1969. —
1481                (3)       As used in this section:
1482                (h)       "Local government liability pool" means a reciprocal
1483      insurer as defined in s. 629.011 s. 629.021 or any self-
1484      insurance program created pursuant to s. 768.28(16), formed and
1485      controlled by counties or municipalities of this state to
1486      provide liability insurance coverage for counties,
1487      municipalities, or other public agencies of this state, which
1488      pool may contract with other parties for the purpose of
1489      providing claims administration, processing, accounting, and
1490      other administrative facilities.
1491                Section 44.          Paragraph (c) of subsection (1) of section
1492      624.413, Florida Statutes, is amended to read:
1493                624.413      Application for certificate of authority. —
1494                (1)       To apply for a certificate of authority, an insurer
1495      shall file its application therefor with the office, upon a form
1496      adopted by the commission and furnished by the office, showing
1497      its name; location of its home office and, if an alien insurer,
1498      its principal office in the United States; kinds of insurance to
1499      be transacted; state or country of domicile; and such additional
1500      information as the commission reasonably requires, together with

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          HB 1611                                                                                               2024




1501      the following documents:
1502                (c)       If a foreign or alien reciprocal insurer, a copy of
1503      the power of attorney of its attorney in fact and of its
1504      subscribers' agreement, if any, certified by the attorney in
1505      fact; and, if a domestic reciprocal insurer, the permit
1506      application declaration provided for in s. 629.081.
1507                Section 45.          Section 624.45, Florida Statutes, is amended
1508      to read:
1509                624.45      Participation of financial institutions in
1510      reinsurance and in insurance exchanges.—Subject to applicable
1511      laws relating to financial institutions and to any other
1512      applicable provision of the Florida Insurance Code, any
1513      financial institution or aggregation of such institutions may :
1514                (1)       own or control, directly or indirectly, any insurer
1515      that which is authorized or approved by the office, that which
1516      insurer transacts only reinsurance in this state, and that which
1517      actively engages in reinsuring risks located in this state.
1518                (2)       Participate, directly or indirectly, as an
1519      underwriting member or as an investor in an underwriting member
1520      of any insurance exchange authorized in accordance with s.
1521      629.401, which underwriting member transacts only aggregate or
1522      specific excess insurance over underlying self-insurance
1523      coverage for self-insurance organizations authorized under the
1524      Florida Insurance Code, for multiple-employer welfare
1525      arrangements, or for workers' compensation self-insurance

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          HB 1611                                                                                               2024




1526      trusts, in addition to any reinsurance the underwriting member
1527      may transact.
1528      Nothing in However, this section may not shall be deemed to
1529      prohibit a financial institution from engaging in any presently
1530      authorized insurance activity.
1531                Section 46.           Subsection (3) of section 626.9531, Florida
1532      Statutes, is amended to read:
1533                626.9531         Identification of insurers, agents, and insurance
1534      contracts.—
1535                (3)       For the purposes of this section, the term "risk
1536      bearing entity" means a reciprocal insurer as defined in s.
1537      629.011 s. 629.021, a commercial self-insurance fund as defined
1538      in s. 624.462, a group self-insurance fund as defined in s.
1539      624.4621, a local government self-insurance fund as defined in
1540      s. 624.4622, a self-insured public utility as defined in s.
1541      624.46225, or an independent educational institution self-
1542      insurance fund as defined in s. 624.4623. For the purposes of
1543      this section, the term "risk bearing entity" does not include an
1544      authorized insurer as defined in s. 624.09.
1545                Section 47.           Reciprocal insurers licensed before July 1,
1546      2025, shall increase their surplus as required by the amendments
1547      made by this act to s. 629.071, Florida Statutes, by January 1,
1548      2026. The attorney in fact of a reciprocal insurer licensed
1549      before July 1, 2025, shall increase its bond as required by the
1550      amendments made by this act to s. 629.121, Florida Statutes, by

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          HB 1611                                                                                               2024




1551      January 1, 2026.
1552                Section 48.         This act shall take effect July 1, 2025.




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                       INSURANCE & BANKING SUBCOMMITTEE

                                HB 1611 by Rep. Stevenson
                                        Insurance

                                  AMENDMENT SUMMARY
                                     February 1, 2024

Amendment 1 by Rep. Stevenson (Stike-all): The amendment makes the following changes
to the bill as filed:
    • Adds wind storm to the causes of loss for which an insurer may not cancel a policy for
        90 days after repair.
    • Adds an insured’s failure to respond within 30 days to a written inquiry by the insurer
        regarding the status of repairs to the list of reasons why an insurer may cancel a policy
        with unrepaired damage.
    • Requires that the biographical statements required for certain individuals involved in the
        creation or acquisition of a reciprocal insurer provide a 20-year history rather than the
        10-year history required in the bill as filed.
    • Eliminates some provisions proposed by the bill, preserves certain current law, and
        makes other technical changes regarding reciprocal insurers to better streamline the
        Office of Insurane Regulation’s authority to license and regulate these types of insurers.
    • Changes the effective date of the bill from July 1, 2025, to July 1, 2024.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1611   (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Insurance & Banking
 2     Subcommittee
 3     Representative Stevenson offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.    Subsection (1) of section 624.3161, Florida
 8     Statutes, is amended to read:
 9          624.3161     Market conduct examinations.—
10          (1)    As often as it deems necessary, The office shall
11     examine each licensed rating organization, each advisory
12     organization, each group, association, carrier, as defined in s.
13     440.02, or other organization of insurers which engages in joint
14     underwriting or joint reinsurance, the attorney in fact of each
15     reciprocal insurer, and each authorized insurer transacting in
16     this state any class of insurance to which the provisions of
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1611     (2024)
       Amendment No. 1


17     chapter 627 is are applicable. The examination must shall be for
18     the purpose of ascertaining compliance by the person examined
19     with the applicable provisions of chapters 440, 624, 626, 627,
20     and 635.
21          Section 2.    Paragraph (a) of subsection (10) of section
22     624.424, Florida Statutes, is amended to read:
23          624.424    Annual statement and other information.—
24          (10)(a)    Each insurer or insurer group doing business in
25     this state shall file, on a monthly quarterly basis in
26     conjunction with financial reports required by paragraph (1)(a) ,
27     a supplemental report on an individual and group basis on a form
28     prescribed by the commission with information on personal lines
29     and commercial lines residential property insurance policies in
30     this state. The supplemental report must shall include separate
31     information for personal lines property policies and for
32     commercial lines property policies and totals for each item
33     specified, including premiums written for each of the property
34     lines of business as described in ss. 215.555(2)(c) and
35     627.351(6)(a). The report must shall include the following
36     information for each zip code county on a monthly basis:
37          1.    Total number of policies in force at the end o f each
38     month.
39          2.    Total number of policies canceled.
40          3.    Total number of policies nonrenewed.
41          4.    Number of policies canceled due to hurricane risk.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1611    (2024)
       Amendment No. 1


42          5.    Number of policies nonrenewed due to hurricane risk.
43          6.    Number of new policies written.
44          7.    Total dollar value of structure exposure under policies
45     that include wind coverage.
46          8.    Number of policies that exclude wind coverage.
47          9.    Number of claims open each month.
48          10.    Number of claims closed each month.
49          11.    Number of claims pending each month.
50          12.    Number of claims in which either the insurer or
51     insured invoked any form of alternative dispute resolution, and
52     specifying which form of alternative dispute resolution was
53     used.
54          Section 3.    Section 624.4305, Florida Statutes, is amended
55     to read:
56          624.4305     Nonrenewal of residential property insurance
57     policies.—Any insurer planning to nonrenew more than 10,000
58     residential property insurance policies in this state within a
59     12-month period shall give notice in writing to the Office of
60     Insurance Regulation for informational purposes 90 days before
61     the issuance of any notices of nonrenewal. The notice provided
62     to the office must set forth the insurer's reasons for such
63     action, the effective dates of nonrenewal, and any arrangements
64     made for other insurers to offer coverage to affected
65     policyholders. The commission may adopt rules to administer this
66     section.
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67          Section 4.    Paragraph (d) of subsection (1) of section
68     624.46226, Florida Statutes, is amended to read:
69          624.46226    Public housing authorities self-insurance funds;
70     exemption for taxation and assessments.—
71          (1)    Notwithstanding any other provision of law, any two or
72     more public housing authorities in the state as defined in
73     chapter 421 may form a self-insurance fund for the purpose of
74     pooling and spreading liabilities of its members as to any one
75     or combination of casualty risk or real or personal property
76     risk of every kind and every interest in such property against
77     loss or damage from any hazard or cause and against any loss
78     consequential to such loss or damage, provided the self-
79     insurance fund that is created:
80          (d)    Maintains a continuing program of excess insurance
81     coverage and reinsurance reserve evaluation to protect the
82     financial stability of the fund in an amount and manner
83     determined by a qualified and independent actuary. The program
84     must, at a minimum, this program must:
85          1.    Include a net retention in an amount and manner
86     selected by the administrator, ratified by the governing body,
87     and certified by a qualified actuary;
88          2.    Include reinsurance or Purchase excess insurance from
89     authorized insurance carriers or eligible surplus lines
90     insurers; and.


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 91          3.     Be certified by a qualified and independent actuary as
 92     to the program's adequacy. This certification must be submitted
 93     simultaneously with the certifications required under paragraphs
 94     (b) and (c).
 95          2.     Retain a per-loss occurrence that does not exceed
 96     $350,000.
 97
 98     A for-profit or not-for-profit corporation, limited liability
 99     company, or other similar business entity in which a public
100     housing authority holds an ownership interest or participates in
101     its governance under s. 421.08(8) may join a self-insurance fund
102     formed under this section in which such public housing authority
103     participates. Such for-profit or not-for-profit corporation,
104     limited liability company, or other similar business entity may
105     join the self-insurance fund solely to insure risks related to
106     public housing.
107          Section 5.     Subsection (2) of section 626.9201, Florida
108     Statutes, is amended to read:
109          626.9201     Notice of cancellation or nonrenewal.—
110          (2)     An insurer issuing a policy providing coverage for
111     property, casualty, surety, or marine insurance must give the
112     named insured written notice of cancellation or termination
113     other than nonrenewal at least 45 days before the effective d ate
114     of the cancellation or termination, including in the written


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115     notice the reasons for the cancellation or termination, except
116     that:
117          (a)   If cancellation is for nonpayment of premium, at least
118     10 days' written notice of cancellation accompanied by the
119     reason for cancellation must be given. As used in this
120     paragraph, the term "nonpayment of premium" means the failure of
121     the named insured to discharge when due any of his or her
122     obligations in connection with the payment of premiums on a
123     policy or an installment of such a premium, whether the premium
124     or installment is payable directly to the insurer or its agent
125     or indirectly under any plan for financing premiums or extension
126     of credit or the failure of the named insured to maintain
127     membership in an organization if such membership is a condition
128     precedent to insurance coverage. The term also includes the
129     failure of a financial institution to honor the check of an
130     applicant for insurance which was delivered to a licensed agent
131     for payment of a premium, even if the agent previously delivered
132     or transferred the premium to the insurer. If a correctly
133     dishonored check represents payment of the initial premium, the
134     contract and all contractual obligations are void ab initio
135     unless the nonpayment is cured within the earlier of 5 days
136     after actual notice by certified mail is received by the
137     applicant or 15 days after notice is sent to the applicant by
138     certified mail or registered mail, and, if the contract is void,


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139     any premium received by the insurer from a third party must
140     shall be refunded to that party in full; and
141          (b)     If cancellation or termination occurs during the first
142     90 days during which the insurance is in force and if the
143     insurance is canceled or terminated for reasons other than
144     nonpayment, at least 20 days' written notice of cancellation or
145     termination accompanied by the reason for cancellation or
146     termination must be given, except if there has been a material
147     misstatement or misrepresentation or failure to comply with the
148     underwriting requirements established by the insurer; and.
149          (c)1.     Upon a declaration of an emergency pursuant to s.
150     252.36 and the filing of an order by the Commissioner of
151     Insurance Regulation, an insurer may not cancel or nonrenew a
152     personal residential or commercial residential property
153     insurance policy covering a dwelling or residential property
154     located in this state which has been damaged as a result of a
155     hurricane or wind loss that is the subject of the declaration of
156     emergency for 90 days after the dwelling or residential property
157     has been repaired. A dwelling or residential property is deemed
158     to be repaired when substantially completed and restored to the
159     extent that the dwelling or residential property is insurable by
160     another insurer that is writing policies in this state.
161          2.     An insurer or agent may cancel or nonrenew such a
162     policy before the repair of the dwelling or residential
163     property:
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164          a.     Upon 10 days' notice for nonpayment of premium; or
165          b.     Upon 45 days' notice:
166          (I)     For a material misstatement or fraud related to the
167     claim;
168          (II)    If the insurer determines that the insured has
169     unreasonably caused a delay in the repair of the dwelling or
170     residential property;
171          (III)     If the insurer or its agent has made a reasonable
172     written inquiry to the insured as to the status of the repair
173     and the insured has failed within 30 calendar days to provide
174     information that is responsive to the inquiry to either the
175     address or e-mail account designated by the insurer or its
176     agent; or
177          (IV)    If the insurer has paid policy limits.
178          3.     If the insurer elects to nonrenew a policy covering a
179     dwelling or residential property that has been damaged, the
180     insurer must provide at least 90 days' notice to the insured
181     that the insurer intends to nonrenew the policy 90 days after
182     the property has been repaired.
183          4.     This paragraph does not prevent the insurer from
184     canceling or nonrenewing the policy 90 days after the repair is
185     completed for the same reasons the insurer would otherwise have
186     canceled or nonrenewed the policy but for the limitations
187     imposed in subparagraph 1.


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188          5.    The commission may adopt rules, and the Commissioner of
189     Insurance Regulation may issue orders, necessary to implement
190     this paragraph.
191          Section 6.    Paragraph (j) of subsection (2) of section
192     627.062, Florida Statutes, is amended to read:
193          627.062    Rate standards.—
194          (2)     As to all such classes of insurance:
195          (j)     With respect to residential property insurance rate
196     filings, the rate filing:
197          1.    Must account for mitigation measures undertaken by
198     policyholders to reduce hurricane losses and windstorm losses.
199          2.    May use a modeling indication that is the weighted or
200     straight average of two or more hurricane loss projection models
201     found by the Florida Commission on Hurricane Loss Projection
202     Methodology to be accurate or reliable pursuant to s. 627.0628.
203     If an averaged model is used under this section, the same
204     averaged model must be used throughout this state. If a weighted
205     average is used, the insurer must provide the office with a
206     justification for using the weighted average which shows t hat
207     the weighted average results in a rate that is reasonable,
208     adequate, and fair.
209
210     The provisions of this subsection do not apply to workers'
211     compensation, employer's liability insurance, and motor vehicle
212     insurance.
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213          Section 7.    Paragraph (n) of subsection (6) of section
214     627.351, Florida Statutes, is amended to read:
215          627.351    Insurance risk apportionment plans.—
216          (6)     CITIZENS PROPERTY INSURANCE CORPORATION.—
217          (n)1.     Rates for coverage provided by the corporation must
218     be actuarially sound pursuant to s. 627.062 and not competitive
219     with approved rates charged in the admitted voluntary market so
220     that the corporation functions as a residual market mechanism to
221     provide insurance only when insurance cannot be procured in the
222     voluntary market, except as otherwise provided in this
223     paragraph. The office shall provide the corporation such
224     information as would be necessary to determine whether rates are
225     competitive. The corporation shall file its recommended rates
226     with the office at least annually. The corporation shall provide
227     any additional information regarding the rates which the office
228     requires. The office shall consider the recommendations of the
229     board and issue a final order establishing the rates for the
230     corporation within 45 days after the recommended rate s are
231     filed. The corporation may not pursue an administrative
232     challenge or judicial review of the final order of the office.
233          2.    In addition to the rates otherwise determined pursuant
234     to this paragraph, the corporation shall impose and collect an
235     amount equal to the premium tax provided in s. 624.509 to
236     augment the financial resources of the corporation.


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237          3.   After the public hurricane loss-projection model under
238     s. 627.06281 has been found to be accurate and reliable by the
239     Florida Commission on Hurricane Loss Projection Methodology, the
240     model shall be considered when establishing the windstorm
241     portion of the corporation's rates. The corporation may use the
242     public model results in combination with the results of private
243     models to calculate rates for the windstorm portion of the
244     corporation's rates. This subparagraph does not require or allow
245     the corporation to adopt rates lower than the rates otherwise
246     required or allowed by this paragraph.
247          4.   The corporation must make a recommended actuarially
248     sound rate filing for each personal and commercial line of
249     business it writes.
250          5.   Notwithstanding the board's recommended rates and the
251     office's final order regarding the corporation's filed rates
252     under subparagraph 1., the corporation shall annually implement
253     a rate increase which, except for sinkhole coverage, does not
254     exceed the following for any single policy issued by the
255     corporation, excluding coverage changes and surcharges:
256          a.   Twelve percent for 2023.
257          b.   Thirteen percent for 2024.
258          c.   Fourteen percent for 2025.
259          d.   Fifteen percent for 2026 and all subsequent years.




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260          6.   The corporation may also implement an increase to
261     reflect the effect on the corporation of the cash buildup factor
262     pursuant to s. 215.555(5)(b).
263          7.   The corporation's implementation of rates as prescribed
264     in subparagraphs 5. and 8. shall cease for any line of business
265     written by the corporation upon the corporation's implementation
266     of actuarially sound rates. Thereafter, the corporation shall
267     annually make a recommended actuarially sound rate filing that
268     is not competitive with approved rates in the admitted voluntary
269     market for each commercial and personal line of business the
270     corporation writes.
271          8.   The following New or renewal personal lines policies
272     that do not cover a primary residence written on or after
273     November 1, 2023, are not subject to the rate increase
274     limitations in subparagraph 5., but may not be charged more than
275     50 percent above, nor less than, the prior year's established
276     rate for the corporation:
277          a.   Policies that do not cover a primary residence;
278          b.   New policies under which the coverage for the insured
279     risk, before the date of application with the corporation, was
280     last provided by an insurer determined by the office to be
281     unsound or an insurer placed in receivership under chapter 631;
282     or
283          c.   Subsequent renewals of those policies, including the
284     new policies in sub-subparagraph b., under which the coverage
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285     for the insured risk, before the date of application with the
286     corporation, was last provided by an insurer determined by the
287     office to be unsound or an insurer placed in receivership under
288     chapter 631.
289          9.     As used in this paragraph, the term "primary residence"
290     means the dwelling that is the policyholder's primary home or is
291     a rental property that is the primary home of the tenant, and
292     which the policyholder or tenant occupies for more than 9 months
293     of each year.
294          Section 8.     Section 628.011, Florida Statutes, is amended
295     to read:
296          628.011    Scope of part.—This part applies only to domestic
297     stock insurers, mutual insurers, and captive insurers, except
298     that s. 628.341(2) applies also as to foreign and alien
299     insurers.
300          Section 9.     Section 628.061, Florida Statutes, is amended
301     to read:
302          628.061    Investigation of proposed organization.—In
303     connection with any proposal to organize or incorporate a
304     domestic insurer, the office shall make an investigation of:
305          (1)     The character, reputation, financial standing, and
306     motives of the organizers, incorporators, and subscribers
307     organizing the proposed insurer or any attorney in fact.
308          (2)     The character, financial responsibility, insurance
309     experience, and business qualifications of its proposed
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310     officers, members of its subscribers' advisory committee, or
311     officers of its attorney in fact.
312          (3)   The character, financial responsibility, business
313     experience, and standing of the proposed stockholders and
314     directors, including the stockholders and directors of any
315     attorney in fact.
316          Section 10.    Subsections (1), (2), and (5) of section
317     628.801, Florida Statutes, are amended to read:
318          628.801   Insurance holding companies; registration;
319     regulation.—
320          (1)   An insurer that is authorized to do business in this
321     state and that is a member of an insurance holding company
322     shall, on or before April 1 of each year, register with the
323     office and file a registration statement and be subject to
324     regulation with respect to its relationship to the holding
325     company as provided by law or rule. The commission shall adopt
326     rules establishing the information and statement form required
327     for registration and the manner in which registered insurers and
328     their affiliates are regulated. The rules apply to domestic
329     insurers, foreign insurers, and commercially domiciled insurers,
330     except for foreign insurers domiciled in states that are
331     currently accredited by the NAIC. Except to the extent of any
332     conflict with this code, the rules must include all requirements
333     and standards of the Insurance Holding Company System Model
334     Regulation and ss. 4 and 5 of the Insurance Holding Company
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335     System Regulatory Act and the Insurance Holding Company System
336     Model Regulation of the NAIC, as adopted in December 2020 2010.
337     The commission may adopt subsequent amendments thereto if the
338     methodology remains substantially consistent. The rules may
339     include a prohibition on oral contracts between affiliated
340     entities. Material transactions between an insurer and its
341     affiliates must shall be filed with the office as provided by
342     rule.
343          (2)   Effective January 1, 2015, The ultimate controlling
344     person of every insurer subject to registration shall also file
345     an annual enterprise risk report on or before April 1. As used
346     in this subsection, the term "ultimate controlling person" means
347     a person who is not controlled by any other person. The report
348     must, to the best of the ultimate controlling person's knowledge
349     and belief, must identify the material risks within the
350     insurance holding company system that could pose enterprise risk
351     to the insurer. The report must shall be filed with the lead
352     state office of the insurance holding company system as
353     determined by the procedures within the Financial Analysis
354     Handbook adopted by the NAIC and is confidential and exempt from
355     public disclosure as provided in s. 624.4212.
356          (a)   An insurer may satisfy this requirement by providing
357     the office with the most recently filed parent corporation
358     reports that have been filed with the Securities and Exchange


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359     Commission which provide the appropriate enterprise risk
360     information.
361          (b)   The term "enterprise risk" means an activity,
362     circumstance, event, or series of events involving one or more
363     affiliates of an insurer which, if not remedied promptly, are
364     likely to have a materially adverse effect upon the financial
365     condition or liquidity of the insurer or its insurance holding
366     company system as a whole, including anything that would cause
367     the insurer's risk-based capital to fall into company action
368     level as set forth in s. 624.4085 or would cause the insurer to
369     be in a hazardous financial condition.
370          (c)   The office may adopt rules for filing the annual
371     enterprise risk report in accordance with the Insurance Holding
372     Company System Regulatory Act and the Insurance Holding Company
373     System Model Regulation of the NAIC, as adopted in December
374     2020.
375          (5)   Effective January 1, 2015, The failure to file a
376     registration statement, or a summary of the registration
377     statement, or the enterprise risk filing report required by this
378     section within the time specified for filing is a violation of
379     this section.
380          Section 11.   Section 629.011, Florida Statutes, is amended
381     to read:
382          629.011    Definitions "Reciprocal insurance" defined.—As
383     used in this part, the term:
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384          (1)     "Affiliated person" of another person means any of the
385     following:
386          (a)     The spouse of the other person.
387          (b)1.     The parents of the other person or their lineal
388     descendants.
389          2.    The parents of the other person's spouse or their
390     lineal descendants.
391          (c)     A person who directly or indirectly owns or controls,
392     or holds with the power to vote, 10 percent or more o f the
393     outstanding voting securities of the other person.
394          (d)     A person who directly or indirectly owns 10 percent or
395     more of the outstanding voting securities that are directly or
396     indirectly owned or controlled, or held with the power to vote,
397     by the other person.
398          (e)     A person or group of persons who directly or
399     indirectly control, are controlled by, or are under common
400     control with the other person.
401          (f)     A director, officer, trustee, partner, owner, manager,
402     joint venturer, or employee, or another person who is performing
403     duties similar to those of persons in such positions, of the
404     other person.
405          (g)     If the other person is an investment company, any
406     investment adviser of such company or any member of an advisory
407     board of such company.


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408          (h)    If the other person is an unincorporated investment
409     company not having a board of directors, the depositor of such
410     company.
411          (i)    A person who has entered into an agreement, written or
412     unwritten, to act in concert with the other person in acquiring,
413     or limiting the disposition of:
414          1.    Securities of an attorney in fact or controlling
415     company that is a stock corporation; or
416          2.    An ownership interest of an attorney in fact or
417     controlling company that is not a stock corporation.
418          (2)    "Attorney in fact" or "attorney" means the attorney in
419     fact of a reciprocal insurer. The attorney in fact may be an
420     individual, a corporation, or another person.
421          (3)    "Controlling company" means a person, corporation,
422     trust, limited liability company, association, or other entity
423     owning, directly or indirectly, 10 percent or more of the voting
424     securities of one or more attorneys in fact that are stock
425     corporations, or 10 percent or more of the ownership interest of
426     one or more attorneys in fact that are not stock corporations.
427          (4)    "Reciprocal insurance" means is that resulting from an
428     interexchange among persons, known as "subscribers," of
429     reciprocal agreements of indemnity, the interexchange being
430     effectuated through an "attorney in fact" common to all such
431     persons.


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432          (5)    "Reciprocal insurer" means an unincorporated
433     aggregation of subscribers operating individually and
434     collectively through an attorney in fact to provide reciprocal
435     insurance among themselves.
436          Section 12.   Section 629.021, Florida Statutes, is
437     repealed.
438          Section 13.   Section 629.061, Florida Statutes, is
439     repealed.
440          Section 14.   Section 629.081, Florida Statutes, is amended
441     to read:
442          629.081   Organization of reciprocal insurer.—
443          (1)    Twenty-five or more persons domiciled in this state
444     may organize a domestic reciprocal insurer by applying and make
445     application to the office for a permit to do so. A domestic
446     reciprocal insurer may not be formed unless the persons so
447     proposing have first received a permit from the office a
448     certificate of authority to transact insurance.
449          (2)    The permit application, to be filed by the organizers
450     or the proposed attorney in fact, must be in writing and made in
451     accordance with forms prescribed by the commission. In addition
452     to any applicable requirements of s. 628.051 and other relevant
453     statutes, the application must include all of the following
454     shall fulfill the requirements of and shall execute and file
455     with the office, when applying for a certificate of authority, a
456     declaration setting forth:
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457          (a)     The name of the proposed reciprocal insurer, which
458     must be in accordance with s. 629.051.;
459          (b)     The location of the insurer's principal office, which
460     must shall be the same as that of the proposed attorney in fact
461     and must shall be maintained within this state.;
462          (c)     The kinds of insurance proposed to be transacted.;
463          (d)     The names and addresses of the original 25 or more
464     subscribers.;
465          (e)     The proposed designation and appointment of the
466     proposed attorney in fact and a copy of the proposed power of
467     attorney.;
468          (f)     The names and addresses of the officers and directors
469     of the proposed attorney in fact, if a corporation, or of its
470     members, if other than a corporation.;
471          (g)     The background information as specified in s. 629.227
472     for all officers, directors, managers, and those in equivalent
473     positions of the proposed attorney in fact as well as for any
474     person with an ownership interest of 10 percent or more in the
475     proposed attorney in fact.
476          (h)     The articles of incorporation and bylaws, or
477     equivalent documents, of the proposed attorney in fac t, dated
478     within the last year and appropriately certified.
479          (i)     The proposed charter powers of the subscribers'
480     advisory committee, and the names and terms of office of the


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481     members thereof, as well as the background information as
482     specified in s. 629.227 for each proposed member.;
483          (h)   That all moneys paid to the reciprocal shall, after
484     deducting therefrom any sum payable to the attorney, be held in
485     the name of the insurer and for the purposes specified in the
486     subscribers' agreement;
487          (j)(i)   A copy of the proposed subscribers' agreement.;
488          (j)   A statement that each of the original subscribers has
489     in good faith applied for insurance of a kind proposed to be
490     transacted, and that the insurer has received from each such
491     subscriber the full premium or premium deposit required for the
492     policy applied for, for a term of not less than 6 months at an
493     adequate rate theretofore filed with and approved by the office;
494          (k)   A statement of the financial condition of the insurer,
495     a schedule of its assets, and a statement that the surplus as
496     required by s. 629.071 is on hand; and
497          (l)   A copy of each policy, endorsement, and application
498     form it then proposes to issue or use.
499          (l)   Any other pertinent information and documents as
500     reasonably requested by the office.
501          (3)   The filing must be accompanied by the application fee
502     required by s. 624.501(1)(a).
503          (4)   The office shall evaluate and grant or deny the permit
504     application in accordance with ss. 628.061, 628.071, and other
505     relevant provisions of the code.
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506
507     Such declaration shall be acknowledged by the attorney before an
508     officer authorized to take acknowledgments.
509          Section 15.    Section 629.091, Florida Statutes, is amended
510     to read:
511          629.091    Reciprocal certificate of authority.—
512          (1)     A domestic reciprocal insurer may seek a certificate
513     of authority only after obtaining a permit.
514          (2)     To apply for a certificate of authority as a domestic
515     reciprocal insurer, the attorney in fact of an applicant who has
516     previously received a permit from the office may file an
517     application for a certificate of authority in accordance with
518     forms prescribed by the commission which, in addition to
519     applicable requirements of ss. 624.404, 624.411, 624.413, and
520     other relevant statutes, consists of all of the following:
521          (a)     Executed copies of any proposed or draft documents
522     required as part of the permit application.
523          (b)     A statement affirming that all moneys paid to the
524     reciprocal insurer shall, after deducting therefrom any sum
525     payable to the attorney in fact, be held in the name of the
526     insurer and for the purposes specified in the subscribers'
527     agreement.
528          (c)     A statement that each of the original subscribers has
529     in good faith applied for insurance of a kind proposed to be
530     transacted, and that the insurer has received from each such
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531     subscriber the full premium or premium deposit required for the
532     policy applied for, for a term of not less than 6 months at an
533     adequate rate that was filed with and approved by the office.
534          (d)   A copy of the bond required under s. 629.121.
535          (e)   A statement of the financial condition of the insurer,
536     a schedule of its assets, and a statement that the surplus as
537     required by s. 629.071 is on hand.
538          (f)   Such other pertinent information or documents as
539     reasonably requested by the office.
540          (3)   If the reciprocal insurer intends to issue
541     nonassessable policies upon receipt of a certificate of
542     authority and if the office determines that the reciprocal
543     insurer meets the legal requirements to issue nonassessable
544     policies, including the surplus requirements, the office shall
545     grant the authorization. If the surplus of the reciprocal
546     insurer becomes impaired, the insurer may no longer issue or
547     renew nonassessable policies or convert assessable policies to
548     nonassessable policies, and s. 629.301 applies.
549          (4)   The certificate of authority must of a reciprocal
550     insurer shall be issued to its attorney in the name of the
551     reciprocal insurer to its attorney in fact.
552          Section 16.   Section 629.094, Florida Statutes, is created
553     to read:
554          629.094 Continued eligibility for certificate of
555     authority.-In order to maintain its eligibility for a
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556     certificate of authority, a domestic reciprocal insurer must
557     continue to meet all applicable conditions required for
558     receiving the initial permit and certificate of authority under
559     the insurance code and the rules adopted thereunder.
560          Section 17.    Section 629.101, Florida Statutes, is amended
561     to read:
562          629.101    Power of attorney in fact.—
563          (1)     The rights and powers of the attorney of a reciprocal
564     insurer are shall be as provided in the power of attorney given
565     it by the subscribers.
566          (2)     The power of attorney must set forth all of the
567     following:
568          (a)     The powers of the attorney.;
569          (b)     That the attorney is empowered to accept service of
570     process on behalf of the insurer in actions against the insurer
571     upon contracts exchanged.;
572          (c)     The general services to be performed by the attorney.;
573          (d)     That the attorney has a fiduciary duty to the
574     subscribers of the reciprocal insurer.
575          (e)(d)    The maximum amount to be deducted from advance
576     premiums or deposits to be paid to the attorney and the general
577     items of expense in addition to losses, to be paid by the
578     insurer.; and
579          (f)(e)    Except as to nonassessable policies, a provision
580     for a contingent several liability of each subscriber in a
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581     specified amount, which amount may shall be not be less than 5
582     nor more than 10 times the premium or premium deposit stated in
583     the policy.
584          (3)   The power of attorney may:
585          (a)   Provide for the right of substitution of the attorney
586     and revocation of the power of attorney and rights thereunder.;
587          (b)   Impose such restrictions upon the exercise of the
588     power as are agreed upon by the subscribers.;
589          (c)   Provide for the exercise of any right reserved to the
590     subscribers directly or through their advisory committee .; and
591          (d)   Contain other lawful provisions deemed advisable.
592          (4)   The terms of any power of attorney or agreement
593     collateral thereto must shall be reasonable and equitable, and
594     no such power or agreement may shall be used or be effective in
595     this state unless filed with the office.
596          Section 18.   Section 629.225, Florida Statutes, is created
597     to read:
598          629.225   Acquisitions.—
599          (1)   A person may not, individually or in conjunction with
600     an affiliated person of such person, directly or indirectly,
601     conclude a tender offer or exchange offer for, enter into any
602     agreement to exchange securities for, or otherwise finally
603     acquire 10 percent or more of the outstanding voting securities
604     of an attorney in fact that is a stock corporation or of a
605     controlling company of an attorney in fact that is a stock
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606     corporation; or conclude an acquisition of, or otherwise finally
607     acquire, 10 percent or more of the ownership interest of an
608     attorney in fact that is not a stock corporation or of a
609     controlling company of an attorney in fact that is not a stock
610     corporation, unless all of the following conditions are met:
611          (a)1.   The person or affiliated person has filed with the
612     office and sent to the principal office of the attorney in fact,
613     any controlling company of the attorney in fact, the
614     subscribers' advisory committee, and the domestic reciprocal
615     insurer a letter of notification regarding the transaction or
616     proposed transaction no later than 5 days after any form of
617     tender offer or exchange offer is proposed, or no later than 5
618     days after the acquisition of the securities or ownership
619     interest if a tender offer or exchange offer is not involved.
620     The notification must be provided on forms prescribed by the
621     commission containing information determined necessary to
622     understand the transaction and identify all purchasers and
623     owners involved.
624          2.   The subscribers' advisory committee must provide the
625     notification to the subscribers of the reciprocal insurer within
626     3 business days. Such notification must be provided on a form
627     prescribed by the commission explaining what the notification is
628     and letting the subscribers know of the filing deadlines for
629     objecting to the acquisition.


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630          (b)    The person or affiliated person has filed with the
631     office an application, signed under oath and prepared on forms
632     prescribed by the commission, which contains the information
633     specified in subsection (3). The application must be completed
634     and filed within 30 days after any form of tender offer or
635     exchange offer is proposed, or after the acquisition of the
636     securities if a tender offer or exchange offer is not involved.
637          (c)    The office has approved the tender offer or exchange
638     offer, or acquisition if a tender offer or exchange offer is not
639     involved.
640          (2)    The person or affiliated person filing the notice
641     required in paragraph (1)(a) may additionally request the office
642     to waive the requirements of paragraph (1)(b), provided that
643     there is no change in the ultimate controlling shareholders and
644     no change in the ownership percentages of the ultimate
645     controlling shareholders, and no unaffiliated parties acquire
646     any direct or indirect interest in the attorney in fact. The
647     office may waive the filing required in paragraph (1)(b) if it
648     determines that in fact there is no change in the ultimate
649     controlling shareholders and no change in the ownership
650     percentages of the ultimate controlling shareholders, and no
651     unaffiliated parties will acquire any direct or indirect
652     interest in the attorney in fact.
653          (3)    The application to be filed with the office and
654     furnished to the attorney in fact must contain all of the
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655     following information and any additional information as the
656     office deems necessary to determine the character, experience,
657     ability, and other qualifications of the person or affiliated
658     person of such person for the protection of the reciprocal
659     insurer's subscribers and of the public:
660          (a)    The identity and background information specified in
661     s. 629.227 of:
662          1.    Each person by whom, or on whose behalf, the
663     acquisition is to be made; and
664          2.    Any person who controls, directly or indirectly, such
665     other person, including each director, officer, trustee,
666     partner, owner, manager, or joint venturer, or another person
667     performing duties similar to those of persons in such positions,
668     for the person.
669          (b)    The source and amount of the funds or other
670     consideration used, or to be used, in making the acquisition.
671          (c)    Any plans or proposals that such persons may have made
672     to liquidate the attorney in fact or controlling company, to
673     sell any of their assets or merge or consolidate them with any
674     person, or to make any other major change in their business or
675     corporate structure or management.
676          (d)    The nature and the extent of the controlling interest
677     which the person or affiliated person of such person proposes to
678     acquire, the terms of the proposed acquisition, and the manner
679     in which the controlling interest is to be acquired of an
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680     attorney in fact or controlling company which is not a stock
681     corporation.
682          (e)   The number of shares or other securities that the
683     person or affiliated person of such person proposes to acquire,
684     the terms of the proposed acquisition, and the manner in which
685     the securities are to be acquired.
686          (f)   Information as to any contract, arrangement, or
687     understanding with any party with respect to any of the
688     securities of the attorney in fact or controlling company,
689     including, but not limited to, information relating to the
690     transfer of any of the securities, option arrangements, puts or
691     calls, or the giving or withholding of proxies, which
692     information names the party with whom the contract, arrang ement,
693     or understanding has been entered into and gives the details
694     thereof.
695          (4)   The filing must be accompanied by the fee required
696     under s. 624.501(1)(a).
697          (5)   If any material change occurs in the facts provided in
698     the application filed with the office pursuant to this section,
699     or the background information required under s. 629.227, an
700     amendment specifying such changes must be filed immediately with
701     the office, and a copy of the amendment must be sent to the
702     principal office of the attorney in fact and to the principal
703     office of the controlling company.


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704          (6)(a)   The acquisition application must be reviewed in
705     accordance with chapter 120. The office may, on its own
706     initiative, or, if requested to do so in writing by a
707     substantially affected person, shall conduct a proceeding to
708     consider the appropriateness of the proposed filing. Time
709     periods for purposes of chapter 120 are tolled during the
710     pendency of the proceeding. Any written request for a proceeding
711     must be filed with the office within 10 days after the date on
712     which notice of the filing is given, or 10 days after the date
713     on which notice of the filing is sent to the subscribers by the
714     subscribers' advisory committee, whichever is later. During the
715     pendency of the proceeding or review period by the office, any
716     person or affiliated person complying with the filing
717     requirements of this section may proceed and take all steps
718     necessary to conclude the acquisition as long as the
719     acquisition's becoming final is conditioned upon obtaining
720     office approval. However, at any time that the office finds that
721     an immediate danger to the public health, safety, and welfare of
722     the reciprocal insurer's subscribers exists, the office shall
723     immediately order, pursuant to s. 120.569(2)(n), the proposed
724     acquisition disapproved and any further steps to conclude the
725     acquisition ceased.
726          (b)   During the pendency of the office's review of any
727     acquisition subject to this section, the acquiring person may
728     not make any material change in the operation of the attorney in
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729     fact or controlling company unless the office has specifically
730     approved the change, and the acquiring person may not make any
731     material change in the management of the attorney in fact unless
732     advance written notice of the change in management is furnished
733     to the office. As used in this paragraph, the term "material
734     change in the operation of the attorney in fact" means a
735     transaction that disposes of or obligates 5 percent or more of
736     the capital and surplus of the attorney in fact or of any
737     domestic reciprocal insurer. The term "material change in the
738     management of the attorney in fact" means any change in
739     management involving officers or directors of the attorney in
740     fact or any person of the attorney in fact or controlling
741     company having authority to dispose of or obligate 5 percent or
742     more of the attorney in fact's capital or surplus. The office
743     must approve a material change in operations if it finds the
744     applicable provisions of subsection (7) have been met. The
745     office may disapprove a material change in management if i t
746     finds that the applicable provisions of subsection (7) have not
747     been met, and, in such case, the attorney in fact shall promptly
748     change management as acceptable to the office.
749          (c)   If a request for a proceeding is filed, the proceeding
750     must be conducted within 60 days after the date the written
751     request for a proceeding is received by the office. A
752     recommended order must be issued within 20 days after the date
753     of the close of the proceedings. A final order must be issued
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754     within 20 days after the date of the recommended order or, if
755     exceptions to the recommended order are filed, within 20 days
756     after the date the exceptions are filed.
757          (7)   The office may disapprove any acquisition subject to
758     this section by any person, or any affiliated person of such
759     person, who:
760          (a)   Willfully violates this section;
761          (b)   In violation of an order issued by the office pursuant
762     to subsection (12), fails to divest himself or herself of any
763     stock or ownership interest obtained in violation of this
764     section or fails to divest himself or herself of any direct or
765     indirect control of such stock or ownership interest, within 25
766     days after such order; or
767          (c)   In violation of an order issued by the office pursuant
768     to subsection (12), acquires an additional stock or ownership
769     interest in an attorney in fact or controlling company or direct
770     or indirect control of such stock or ownership interest, without
771     complying with this section.
772          (8)   The person filing the application required by this
773     section has the burden of proof. The office must approve any
774     such acquisition if it finds, on the basis of the record made
775     during any proceeding or on the basis of the filed application
776     if no proceeding is conducted, that:
777          (a)   The financial condition of the acquiring person will
778     not jeopardize the financial stability of the attorney in fact
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779     or prejudice the interests of the reciprocal insurer's
780     subscribers or the public.
781          (b)    Any plan or proposal that the acquiring person has
782     made:
783          1.    To liquidate the attorney in fact, sell its assets, or
784     merge or consolidate it with any person, or to make any other
785     major change in its business or corporate structure or
786     management; or
787          2.    To liquidate any controlling company, sell its assets,
788     or merge or consolidate it with any person, or to make any major
789     change in its business or corporate structure or management
790     which would have an effect upon the attorney in fact,
791
792     is fair and free of prejudice to the reciprocal insurer's
793     subscribers or to the public.
794          (c)    The competence, experience, and integrity of those
795     persons who will control directly or indirectly the operation of
796     the attorney in fact indicate that the acquisition is in the
797     best interest of the reciprocal insurer's subscribers and in the
798     public interest.
799          (d)    The natural persons for whom background inform ation is
800     required to be furnished pursuant to this section have such
801     backgrounds as to indicate that it is in the best interests of
802     the reciprocal insurer's subscribers and in the public interest


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803     to permit such persons to exercise control over the attorney in
804     fact.
805          (e)   The directors and officers, if such attorney in fact
806     or controlling company is a stock corporation, or the trustees,
807     partners, owners, managers, joint venturers, or other persons
808     performing duties similar to those of persons in such positio ns,
809     if such attorney in fact or controlling company is not a stock
810     corporation, to be employed after the acquisition have
811     sufficient insurance experience and ability to ensure reasonable
812     promise of successful operation.
813          (f)   The management of the attorney in fact after the
814     acquisition will be competent and trustworthy and will possess
815     sufficient managerial experience so as to make the proposed
816     operation of the attorney in fact not hazardous to the
817     insurance-buying public.
818          (g)   The management of the attorney in fact after the
819     acquisition will not include any person who has directly or
820     indirectly through ownership, control, reinsurance transactions,
821     or other insurance or business relations unlawfully manipulated
822     the assets, accounts, finances, or books of any insurer or
823     otherwise acted in bad faith with respect thereto.
824          (h)   The acquisition is not likely to be hazardous or
825     prejudicial to the reciprocal insurer's subscribers or to the
826     public.


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827          (i)   The effect of the acquisition would not substantially
828     lessen competition in the line of insurance for which the
829     reciprocal insurer is licensed or certified in this state or
830     would not tend to create a monopoly therein.
831          (9)   A vote by the stockholder of record, or by any other
832     person, of any security acquired in contravention of this
833     section is not valid. Any acquisition contrary to this section
834     is void. Upon the petition of the attorney in fact, the
835     controlling company, or the reciprocal insurer, the circuit
836     court for the county in which the principal office of the
837     attorney in fact is located may, without limiting the generality
838     of its authority, order the issuance or entry of an injunction
839     or other order to enforce this section. There is a private right
840     of action in favor of the attorney in fact or controlling
841     company to enforce this section. A demand upon the office that
842     it perform its functions is not required as a prerequisite to
843     any suit by the attorney in fact or controlling company against
844     another person, and in no case is the office deemed a necessary
845     party to any action by the attorney in fact or controlling
846     company to enforce this section. Any person who makes or
847     proposes an acquisition requiring the filing of an application
848     pursuant to this section, or who files such an application, is
849     deemed thereby to have designated the Chief Financial Officer,
850     or his or her assistant or deputy or another person in charge of
851     his or her office, as such person's agent for service of process
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852     under this section and is deemed thereby to have submitted
853     himself or herself to the administrative jurisdiction of the
854     office and to the jurisdiction of the circuit court.
855          (10)   Any approval by the office under this section does
856     not constitute a recommendation by the office of the tender
857     offer or exchange offer, or the acquisition if a te nder offer or
858     exchange offer is not involved. It is unlawful for a person to
859     represent that the office's approval constitutes a
860     recommendation. A person who violates this subsection commits a
861     felony of the third degree, punishable as provided in s.
862     775.082, s. 775.083, or s. 775.084. The statute-of-limitations
863     period for the prosecution of an offense committed under this
864     subsection is 5 years.
865          (11)   A person may rebut a presumption of control by filing
866     a disclaimer of control with the office on a form prescribed by
867     the commission. The disclaimer must fully disclose all material
868     relationships and bases for affiliation between the person and
869     the attorney in fact as well as the basis for disclaiming the
870     affiliation. In lieu of such form, a person or acquiring party
871     may file with the office a copy of a Schedule 13G filed with the
872     Securities and Exchange Commission pursuant to Rule 13d -1(b) or
873     (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act
874     of 1934, as amended. After a disclaimer has been filed, th e
875     attorney in fact is relieved of any duty to register or report
876     under this section which may arise out of the attorney in fact's
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877     relationship with the person unless the office disallows the
878     disclaimer.
879          (12)   If the office determines that any person or any
880     affiliated person of such person has acquired 10 percent or more
881     of the outstanding voting securities of an attorney in fact or
882     controlling company that is a stock corporation, or 10 percent
883     or more of the ownership interest of an attorney in fact or
884     controlling company that is not a stock corporation, without
885     complying with this section, the office may order that the
886     person and any affiliated person of such person cease
887     acquisition of the attorney in fact or controlling company and,
888     if appropriate, divest itself of any stock or ownership interest
889     acquired in violation of this section.
890          (13)(a)   The office shall, if necessary to protect the
891     public interest, suspend or revoke the certificate of authority
892     of the reciprocal insurer whose attorney in fact or c ontrolling
893     company is acquired in violation of this section.
894          (b)    If a reciprocal insurer is subject to suspension or
895     revocation pursuant to paragraph (a), any other reciprocal
896     insurer using the same attorney in fact is also subject to
897     suspension or revocation. In such case, the office may offer any
898     affected reciprocal insurer, through its subscriber
899     representatives, the ability to cure any suspension or
900     revocation by procuring another attorney in fact acceptable to


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901     the office or by taking any other action agreed to by the
902     office.
903          (14)    This section applies to domestic reciprocal insurers
904     and the attorney in fact of domestic reciprocal insurers. This
905     section does not apply to any acquisition of voting securities
906     or ownership interest of an attorney in fact or of a controlling
907     company by any person who is the owner of a majority of the
908     voting securities or ownership interest with the approval of the
909     office under this section or s. 629.091.
910          Section 19.    Section 629.227, Florida Statutes, is created
911     to read:
912          629.227    Background information.—The information as to the
913     background and identity of each person about whom information is
914     required to be furnished pursuant to s. 629.081 or s. 629.225
915     must include, but need not be limited to, all of the following:
916          (1)     A sworn biographical statement, on forms adopted by
917     the commission, which must include, but need not be limited to,
918     the following information:
919          (a)     Occupations, positions of employment, and offices held
920     during the past 20 years, including the principal business and
921     address of any business, corporation, or organization where each
922     occupation, position of employment, or office occurred.
923          (b)     Whether, at any time during such 20-year period, the
924     person was convicted of any crime other than a traffic
925     violation.
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926            (c)   Whether, during such 20-year period, the person has
927     been the subject of any proceeding for the revocation of any
928     license and, if so, the nature of the proceeding and the
929     disposition of the proceeding.
930            (d)   Whether, during such 20-year period, the person has
931     been the subject of any proceeding under the federal Bankruptcy
932     Act.
933            (e)   Whether, during such 20-year period, any person or
934     other business or organization in which the person was a
935     director, officer, trustee, partner, owner, manager, or ot her
936     official has been the subject of any proceeding under the
937     federal Bankruptcy Act, either during the time of that person's
938     tenure with the business or organization or within 12 months
939     thereafter.
940            (f)   Whether, during such 20-year period, the person has
941     been enjoined, either temporarily or permanently, by a court of
942     competent jurisdiction from violating any federal or state law
943     regulating the business of insurance, securities, or banking, or
944     from carrying out any particular practice or practices in the
945     course of the business of insurance, securities, or banking,
946     together with details as to any such event.
947            (g)   Whether, during such 20-year period, the person has
948     served as the attorney in fact, a subscribers' advisory
949     committee member, or any other manager or officer of a


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950     reciprocal insurer or insurer that became insolvent or had its
951     certificate of authority suspended or revoked.
952          (2)   Fingerprints of each person.
953          (3)   An authorization for release of information in regard
954     to the investigation of such person's background.
955          (4)   Any additional information that the office deems
956     necessary to determine the character, experience, ability, and
957     other qualifications of the person, or affiliated person of such
958     person, for the protection of the reciprocal insurer's
959     subscribers and of the public.
960          Section 20.   Section 629.229, Florida Statutes, is created
961     to read:
962          629.229   Attorneys in fact, officers, and directors of
963     insolvent reciprocal insurers or other insurers.—A person who
964     served as an attorney in fact, or as an officer, director, or
965     manager of an attorney in fact, a member of a subscribers'
966     advisory committee of a reciprocal insurer doing business in
967     this state, or an officer or director of any other insurer doing
968     business in this state, and who served in that capacity within
969     the 2-year period before the date the insurer or reciprocal
970     insurer became insolvent, for an insolvency that occurs on or
971     after July 1, 2024, may not thereafter:
972          (1)   Serve as an attorney in fact, or as an officer,
973     director, or manager of an attorney in fact; a member of a
974     subscribers' advisory committee of a reciprocal insurer doing
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975     business in this state; or an officer or director of any other
976     insurer doing business in this state; or
977          (2)   Have direct or indirect control over the selection or
978     appointment of an attorney in fact, or of an officer, director,
979     or manager of an attorney in fact; or a member of the
980     subscribers' advisory committee of a reciprocal insurer doing
981     business in this state; or an officer or director of any insurer
982     doing business in this state, through contract or trust or by
983     operation of law,
984
985     unless the person demonstrates that his or her personal actions
986     or omissions were not a significant contributing cause to the
987     insolvency.
988          Section 21.    Section 629.261, Florida Statutes, is amended
989     to read:
990          629.261   Nonassessable policies.—Upon the impairment of the
991     surplus of a nonassessable reciprocal insurer, the office shall
992     revoke the authorization issued under s. 629.091(3) or s.
993     629.291(5).
994          (1)   If a reciprocal insurer has a surplus as to
995     policyholders required of a domestic stock insurer authorized to
996     transact like kinds of insurance, upon application of the
997     attorney and as approved by the subscribers' advisory committee
998     the office shall issue its certificate authorizing the insurer
999     to extinguish the contingent liability of subscribers under its
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1000     policies then in force in this state and to omit provisions
1001     imposing contingent liability in all policies delivered or
1002     issued for delivery in this state for so long as all such
1003     surplus remains unimpaired.
1004          (2)   Upon impairment of such surplus, the office shall
1005     forthwith revoke the certificate. Such revocation shall not
1006     render subject to contingent liability any policy then in force
1007     and for the remainder of the period for which the premium has
1008     theretofore been paid; but, after such revocation, no policy
1009     shall be issued or renewed without providing for contingent
1010     assessment liability of the subscriber.
1011          (3)   The office shall not authorize a domestic reciprocal
1012     insurer so to extinguish the contingent liability of any of its
1013     subscribers or in any of its policies to be issued, unless it
1014     qualifies to and does extinguish such liability of all its
1015     subscribers and in all such policies for all kinds of insurance
1016     transacted by it; except that, if required by the laws of
1017     another state in which the insurer is transacting insurance as
1018     an authorized insurer, the insurer may issue policies providing
1019     for the contingent liability of such of its subscribers as may
1020     acquire such policies in such state, and need not extinguish the
1021     contingent liability applicable to policies theretofore in force
1022     in such state.




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1023          Section 22.   Subsections (1), (2), and (4) of section
1024     629.291, Florida Statutes, are amended, and subsection (5) is
1025     added to that section, to read:
1026          629.291    Merger or conversion.—
1027          (1)   A domestic reciprocal insurer, upon affirmative vote
1028     of not less than two-thirds of its subscribers who vote on such
1029     merger pursuant to due notice, and subject to the approval by of
1030     the office of the terms therefor, may merge with another
1031     reciprocal insurer or be converted to a stock or mutual insurer ,
1032     to be thereafter governed by the applicable sections of the
1033     Florida Insurance Code. However, a domestic stock insurer may
1034     not convert to a reciprocal insurer.
1035          (2)   A plan to merge a reciprocal insurer with another
1036     reciprocal insurer or for conversion of the reciprocal insurer
1037     to a stock or mutual insurer must be filed with the office on
1038     forms adopted by the office and must contain such information as
1039     the office reasonable requires to evaluate the transaction Such
1040     a stock or mutual insurer shall be subject to the same capital
1041     or surplus requirements and shall have the same rights as a like
1042     domestic insurer transacting like kinds of insurance.
1043          (4)   Reinsurance of all or substantially all of the
1044     insurance in force of a domestic reciprocal insurer in another
1045     insurer is shall be deemed to be a merger for the purposes of
1046     this section.


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1047           (5)(a)   An assessable reciprocal insurer may convert to a
1048     nonassessable reciprocal insurer if:
1049           1.    The subscribers' advisory committee approves the
1050     conversion;
1051           2.    The attorney in fact submits the application for
1052     conversion on the required application form; and
1053           3.    The office finds that the application for conversion
1054     meets the minimum statutory requirements.
1055           (b)    If the office approves the application for conversion,
1056     the assessable reciprocal insurer may convert to a nonassessable
1057     reciprocal insurer by:
1058           1.    Extinguishing the contingent liability of subscribers
1059     under all policies then in force in this state;
1060           2.    Omitting contingent liability provisions in all
1061     policies delivered or issued in this state after the conversion;
1062     and
1063           3.    Otherwise extinguishing the contingent liability of all
1064     of its subscribers. However, if the reciprocal insurer is
1065     transacting insurance as an authorized insurer in another state
1066     and that state's laws require the insurer to issue policies with
1067     contingent liability provisions, the insurer may issue
1068     contingent liability policies in that other state.
1069           (c)    If the surplus of the reciprocal insurer becomes
1070     impaired, the insurer may no longer issue nonassessable policies


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1071     or convert assessable policies to nonassessable policies, and s.
1072     629.301 applies.
1073          Section 23.    Section 629.525, Florida Statutes, is created
1074     to read:
1075          629.525    Rulemaking authority.—The commission shall adopt,
1076     amend, or repeal rules pursuant to chapter 120 which are
1077     necessary to implement this chapter.
1078          Section 24.    Paragraph (h) of subsection (3) of section
1079     163.01, Florida Statutes, is amended to read:
1080          163.01    Florida Interlocal Cooperation Act of 1969. —
1081          (3)   As used in this section:
1082          (h)   "Local government liability pool" means a reciprocal
1083     insurer as defined in s. 629.011 s. 629.021 or any self-
1084     insurance program created pursuant to s. 768.28(16), formed and
1085     controlled by counties or municipalities of this state to
1086     provide liability insurance coverage for counties,
1087     municipalities, or other public agencies of this state, which
1088     pool may contract with other parties for the purpose of
1089     providing claims administration, processing, accounting, and
1090     other administrative facilities.
1091          Section 25.    Subsection (3) of section 626.9531, Florida
1092     Statutes, is amended to read:
1093          626.9531     Identification of insurers, agents, and insurance
1094     contracts.—


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1095          (3)   For the purposes of this section, the term "risk
1096     bearing entity" means a reciprocal insurer as defined in s.
1097     629.011 s. 629.021, a commercial self-insurance fund as defined
1098     in s. 624.462, a group self-insurance fund as defined in s.
1099     624.4621, a local government self-insurance fund as defined in
1100     s. 624.4622, a self-insured public utility as defined in s.
1101     624.46225, or an independent educational institution self-
1102     insurance fund as defined in s. 624.4623. For the purposes of
1103     this section, the term "risk bearing entity" does not include an
1104     authorized insurer as defined in s. 624.09.
1105          Section 26.   This act shall take effect July 1, 2024.
1106
1107           -----------------------------------------------------
1108                        T I T L E   A M E N D M E N T
1109          Remove everything before the enacting clause and insert:
1110                           A bill to be entitled
1111     An act relating to insurance; amending s. 624.3161, F.S.;
1112     revising the entities for which the Office of Insurance
1113     Regulation is required to conduct market conduct examinations;
1114     amending s. 624.424, F.S.; requiring insurers and insurer groups
1115     to file a specified supplemental report on a monthly basis;
1116     requiring that such report include certain information for each
1117     zip code; amending s. 624.4305, F.S.; authorizing the Financial
1118     Services Commission to adopt rules related to notice of
1119     nonrenewal of residential property insurance policies; amending
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1120     s. 624.46226, F.S.; revising the requirements for public housing
1121     authority self-insurance funds; amending s. 626.9201, F.S.;
1122     prohibiting insurers from canceling or nonrenewing certain
1123     insurance policies under certain circumstances; providing
1124     exceptions; providing construction; authorizing the commission
1125     to adopt rules and the Commissioner of Insurance Regulation to
1126     issue orders; amending s. 627.062, F.S.; specifying requirements
1127     for rate filings if certain models are used; amending s.
1128     627.351, F.S.; revising requirements for certain policies that
1129     are not subject to certain rate increase limitations; amending
1130     ss. 628.011 and 628.061, F.S.; conforming provisions to ch anges
1131     made by the act; amending s. 628.801, F.S.; revising
1132     requirements for rules adopted for insurers that are members of
1133     an insurance holding company; deleting an obsolete date;
1134     authorizing the office to adopt rules; amending s. 629.011,
1135     F.S.; defining terms; repealing s. 629.021, F.S., relating to
1136     the definition of the term "reciprocal insurer"; repealing s.
1137     629.061, F.S., relating to the term "attorney"; amending s.
1138     629.081, F.S.; revising the procedure for persons to organize as
1139     a domestic reciprocal insurer; specifying requirements for the
1140     permit application; requiring that the application be
1141     accompanied by a specified fee; requiring the office to evaluate
1142     and grant or deny the permit application in accordance with
1143     specified provisions; amending s. 629.091, F.S.; providing
1144     requirements for the application for a certificate of authority
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1145     to operate as a domestic reciprocal insurer; requiring the
1146     office to grant the authorization for reciprocal insurers to
1147     issue certain policies under certain circumstances; prohibiting
1148     insurers from issuing and renewing certain policies under a
1149     specified circumstance; requiring that such certificate of
1150     authority be issued in the name of the reciprocal insurer to its
1151     attorney in fact; creating s. 629.094, F.S.; requiring a
1152     domestic reciprocal insurer to meet certain requirements to
1153     maintain its eligibility for a certificate of authority;
1154     amending s. 629.101, F.S.; revising requirements for the power
1155     of attorney given by subscribers of a domestic reciprocal
1156     insurer to the attorney in fact; conforming provisions to
1157     changes made by the act; creating s. 629.225, F.S.; prohibiting
1158     persons from acquiring certain securities or ownership interests
1159     of certain attorneys in fact and controlling companies of
1160     certain attorneys in fact; providing an exception; authorizing
1161     certain persons to request that the office waive certain
1162     requirements; providing that the office may waive certain
1163     requirements if specified determinations are made; specifying
1164     the requirements of an application to the office relating to
1165     certain acquisitions; requiring that such application be
1166     accompanied by a specified fee; requiring that amendments be
1167     filed with the office under certain circumstances; specifying
1168     the manner in which the acquisition application must be
1169     reviewed; authorizing the office, and requiring the office if a
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1170     request for a proceeding is filed, to conduct a proceeding
1171     within a specified timeframe to consider the appropriateness of
1172     such application; requiring that certain time periods be tolled;
1173     requiring that written requests for a proceeding be filed within
1174     a certain timeframe; authorizing certain persons to take all
1175     steps to conclude the acquisition during the pendency of the
1176     proceeding or review period; requiring the office to order a
1177     proposed acquisition disapproved and that actions to conclude
1178     the acquisition be ceased under certain circumstances;
1179     prohibiting certain persons from making certain changes during
1180     the pendency of the office's review of an acquisition; providing
1181     an exception; defining the terms "material change in the
1182     operation of the attorney in fact" and "material change in the
1183     management of the attorney in fact"; requiring the office to
1184     approve or disapprove certain changes upon making certain
1185     findings; requiring that a proceeding be conducted within a
1186     certain timeframe; requiring that recommended orders and final
1187     orders be issued within a certain timeframe; specifying the
1188     circumstances under which the office may disapprove an
1189     acquisition; specifying that certain persons have the burden of
1190     proof; requiring the office to approve an acquisition upon
1191     certain findings; specifying that certain votes are not valid
1192     and that certain acquisitions are void; specifying that certain
1193     provisions may be enforced by an injunction; creating a private
1194     right of action in favor of the attorney in fact or the
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1195     controlling company to enforce certain provisions; providing
1196     that a certain demand upon the office is not required before
1197     certain legal actions; providing that the office is not a
1198     necessary party to certain actions; specifying the persons who
1199     are deemed designated for service of process and who have
1200     submitted to the administrative jurisdiction of the office;
1201     providing that approval by the office does not constitute a
1202     certain recommendation; providing that certain actions are
1203     unlawful; providing criminal penalties; providing a statute of
1204     limitations; authorizing a person to rebut a presumption of
1205     control by filing certain disclaimers; specifying the contents
1206     of such disclaimer; specifying that, after a disclaimer is
1207     filed, the attorney in fact is relieved of a certain duty;
1208     authorizing the office to order certain persons to cease
1209     acquisition of the attorney in fact or controlling company and
1210     divest themselves of any stock or ownership interest under
1211     certain circumstances; requiring the office to suspend or revoke
1212     the reciprocal certificate of authority under certain
1213     circumstances; specifying that the attorney in fact is deemed to
1214     be hazardous to its policyholders if the reciprocal insurer is
1215     subject to suspension or revocation; authorizing the office to
1216     offer the reciprocal insurer the ability to cure any suspension
1217     or revocation under certain circumstances; providing
1218     applicability and nonapplicability; creating s. 629.227, F.S.;
1219     specifying the information as to the background and identity of
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1220     certain persons which must be furnished by such persons;
1221     creating s. 629.229, F.S.; prohibiting certain persons from
1222     serving in specified positions of reciprocal insurers or
1223     insurers under certain circumstances; amending s. 6 29.261, F.S.;
1224     removing provisions relating to certain authorizations for
1225     reciprocal insurers; amending s. 629.291, F.S.; providing that
1226     certain insurers that merge are governed by the insurance code;
1227     prohibiting domestic stock insurers from converting to
1228     reciprocal insurers; requiring that specified plans be filed
1229     with the office and that such plans contain certain information;
1230     authorizing the conversion of assessable reciprocal insurers to
1231     nonassessable reciprocal insurers under certain circumstances;
1232     providing certain procedures when certain reciprocal insurers
1233     convert; prohibiting a reciprocal insurer that becomes impaired
1234     from issuing or converting certain policies; providing
1235     applicability; creating s. 629.525, F.S.; requiring the
1236     commission to adopt, amend, or repeal certain rules; amending
1237     ss. 163.01 and 626.9531, F.S.; conforming provisions to changes
1238     made by the act; providing an effective date.




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CS/HB 1639
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1639 Gender and Biological Sex
SPONSOR(S): Select Committee on Health Innovation, Bankson and others
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Select Committee on Health Innovation                    10 Y, 5 N, As CS        Lloyd              Calamas

  2) Insurance & Banking Subcommittee                                                 Fortenberry        Lloyd

  3) Infrastructure Strategies Committee


                                              SUMMARY ANALYSIS
Gender dysphoria is a behavioral health disorder diagnosable by a health care practitioner in which a person
experiences incongruence between one’s experienced or expressed gender and birth sex, and meets age-
specific diagnostic sub-criteria. Treatment for gender dysphoria has evolved from a behavioral health approach
focused on helping patients become comfortable with their biological sex, to an affirmation-focused approach
potentially involving puberty blocking medication for minors and potentially cross-hormone medication and
surgical interventions. Current law prohibits these services for minors, and requires informed consent for adults.

Health insurers and health maintenance organizations (HMOs) are regulated by the Office of Insurance
Regulation and the Agency for Health Care Administration, respectively. Current law does not regulate
insurance coverage of sex-reassignment prescriptions or procedures.

CS/HB 1639 requires any health insurer or health maintenance organization coverage policy delivered in the
state after July 1, 2024, which covers sex-reassignment prescriptions or procedures, to also provide coverage
for treatment to de-transition from such prescriptions or procedures, for an appropriate additional premium. In
addition, insurers and HMOs that offer policies with coverage for sex-reassignment prescriptions or procedures
must also offer a policy that does not provide that coverage. The bill also forbids all health insurers and HMOs
from prohibiting coverage of mental health or therapeutic services to treat a person’s perception that his or her
sex is inconsistent with the person’s sex at birth by affirming the insured’s sex at birth.

Current law requires driver licenses and identification cards issued by the Department of Highway Safety and
Motor Vehicles (DHSMV) to include the licensee’s gender, among other information; however, current law does
not define “gender” or outline procedures relating to the identification of a person’s gender. CS/HB 1639
requires a driver’s license or identification card to state the applicant’s sex at birth, rather than gender.

The bill has an insignificant negative fiscal impact on the DHSMV and no fiscal impact on local government.
The bill may have an indeterminate, negative fiscal impact on health insurers and HMOs, depending on their
current coverage options and offerings.

The bill has an effective date of July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1639b.IBS
DATE: 1/30/2024
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Gender Dysphoria

         Transgender and gender nonconforming are general terms for individuals whose gender identity, role,
         or expression differ from their biological sex at birth.1

         Gender dysphoria refers to the significant discomfort or distress felt as a result of the gender
         incongruency.2 Gender dysphoria is a behavioral health disorder diagnosable by a health care
         practitioner. The American Psychiatric Association’s Diagnostic Statistical Manual of Mental Disorders
         (DSM) classification of gender dysphoria denote a “marked incongruence between one’s
         experienced/expressed gender and assigned3 gender, of at least six months’ duration” and
         manifestation of sub-criteria that differs based on age.4

         Treatment

         Treatment of gender dysphoria has evolved. Traditionally, gender identity issues were treated as a
         mental illness, with treatment primarily provided through psychotherapy to help patients become
         comfortable with their sex at birth.5

         In the late 1990’s, treatment began shifting to an “affirmative care model” after physicians in the
         Netherlands published a report on positive psychological outcomes for a transgender adolescent
         treated with hormones.6 Those physicians suppressed puberty in the early stages followed by cross-
         sex hormone therapy starting at age 16. This treatment model became known as the “Dutch Protocol”.

         The “Dutch Protocol”, as well as the re-categorization of gender identity issues in the DSM, created a
         profound shift in the medically accepted treatment for gender issues. In 2013, the authors of the DSM
         replaced the term “gender identity disorder” with “gender dysphoria in children” and “gender dysphoria
         in adolescence and adults” to diagnose and treat the distress individuals felt by the incongruency
         between their gender identities and their bodies.7 The medical community stopped classifying gender
         identity issues as a mental illness. The “Dutch Protocol” was subsequently incorporated into the widely
         adopted standards of care for the treatment of transgender patients. 8

         The treatment goal now focuses on affirming the patient’s gender identity rather than affirming the
         gender of the patient’s sex at birth. Treatment for gender dysphoria now primarily addresses the



1 Coleman, E., Radix, A.E., Bouman, W.P., Brown, G.R., de Vries, A.L.C., et al, (2022), Standards of Care for the Health of
Transgender and Gender Diverse People, Version 8, International Journal of Transgender Health, 23(S1), S1-S260.
2 Id.
3
  The DSM uses “assigned” to refer to the delivery physician’s assessment and notation of the child’s biological sex, usually b ased on
external genitalia. See American Psychiatric Association, Gender Dysphoria, available at, https://www.ps ychiatry.org/patients -
families/gender-dysphoria (last visited Jan. 23, 2024).
4 American Psychiatric Association, (2013), Diagnostic and Statistical Manual of Mental Disorders (5 th ed.), Arlington, VA: American

Psychiatric Publishing.
5 See Diagnostic and statistical manual of mental disorders. 3 rd ed. Washington, DC: American Psychiatric Publishing; 1980; Diagnostic

and statistical manual of mental disorders. 4 th ed. Washington, DC; American Psychiatric Publishing; 1994.
6 Cohen-Kettenis P.T., van Goozen S.H., (1998), Pubertal delay as an aid in diagnosis and treatment of a transsexual adolescent, Eur

Child Adolsc. Psychiatry, 7(4):246-8.
7 The American Psychiatric Association stated that “it is important to note that gender nonconformity is not itself a m ental disorder”.

Supra note 4.
8 Supra note 2; Hembree, W., Cohen-Kettenis, P., et al, (2017), Endocrine Treatment of Gender-Dysphoric/Gender-Incongruent

Persons: An Endocrine Society Clinical Practice Guideline, Journal of Clinical Endocrinology & Metab olism, 102(11):2896-3903.
STORAGE NAME: h1639b.IBS                                                                                                        PAGE: 2
DATE: 1/30/2024
         incongruency with psychotherapy and medical interventions that align the body with the mind, rather
         than the mind with the body. This treatment may include:9

                 Psychotherapy to address the negative impact of gender dysphoria and mental health, which
                  includes social transitioning to affirm an individual’s felt gender identity, role, and expression.
                 Puberty blockers to suppress the release of testosterone or estrogen and stop the onset of
                  secondary sex characteristics.
                 Cross-sex hormone therapy to feminize or masculinize the body.
                 Sex reassignment surgery to change primary and/or secondary sex characteristics (e.g.,
                  breasts/chest, external and/or internal genitalia, facial features, and body contouring).

         Concerns with Treatment
         Clinicians and academics have raised concerns with the appropriateness of medical interventions for
         minors based on the lack of rigorous scientific research on the issue. Various issues bring the value of
         gender treatment research into question, specifically: many lack randomized control trials, use small
         sample sizes, and have a medium to high risk of bias due to recruitment design.10 From the perspective
         of some clinicians, there are no studies that sufficiently evaluate the long-term impact of medical
         treatments, so the long-term effects on physical developments, fertility, sexual function and brain
         development is unknown.11

         Limited research suggests access to puberty blockers and gender-affirming hormones may improve
         mental health outcomes, including reduced anxiety, depression, self-harm, and suicidality, in the short-
         term.12 On the other hand, other research found a higher rate of suicide attempts and suicide
         completion in the short term, and much higher rates of suicide compared to the general population
         beginning 10 years post-transition.13

         Researchers are just beginning to understand the unintended physical effects of transgender treatment.
         Puberty is a time of complex chemical changes that direct the development of many bodily functions.
         Taking puberty blockers at that time can prevent that development, with the possibility of significant
         future harms as an adult. For example, recent studies document the effect of puberty-blocking
         medications on bone development, causing severe lack of density, which may be irreversible. 14 The
         long-term effect of puberty blockers and cross-sex hormone treatment on sexual function in adulthood
         requires further research. One literature review noted both positive and negative effects, but also noted
         that there is no valid tool to accurately measure sexual health outcomes. 15 Similarly, researchers are
         beginning to express concerns about the impact on the brain, including permanent alterations to
         neurodevelopment. 16



9 Supra note 3.
10 See Hruz, P., (2019), Deficiencies in Scientific Evidence for Medical Management of Gender Dysphoria, The Linacre Quarterly 87:1,

34-42.; Abbruzzese, E., Levine, S., Mason, J., (2023), The Myth of “Reliable Research” in Pediatric Gender Medicine: A critical
evaluation of the Dutch Studies – and research that has followed, Journal of Sex & Martial Therapy DOI:
10.1080/0092623X.2022.2150346.
11 Supra note 9.
12 See Allen, L. R., Watson, L. B., Egan, A. M., Moser, C. N., (2019), Well-being and suicidality among transgender youth after gender-

affirming hormones, Clinical Practice in Pediatric Psychology, 7(3), 302.
13 Dhejne C., Lichtenstein, P., Boman M., Johansson A., Långström N., Landén, M., (2011), Long -term follow-up of transsexual persons

undergoing sex reassignment surgery: cohort study in Sweden, PLoS One, vol. 6, issue 2.
14 See, e.g., Joseph T, Ting J, Butler G. The effect of GnRH analogue treatment on bone mineral density in young adolescents with

gender dysphoria: Findings from a large national cohort. J Pediatr Endocrinol Metab . 2019; 10: 1077– 1081; Lee J., et al, (2020), Low
bone mineral density in early pubertal transgender/gender diverse youth: findings from the trans youth care study, J Endocr Soc. Sep 1;
4(9): bvaa065. In 2022, the Endocrine Society took the position that more research is needed in this area to properly address bone
health in young patients. Endocrine Society, “Longer treatment with puberty-delaying medication in transgender youth leads to lower
bone mineral density”, June 12, 2022, available at https://admin.endocrine.org/news-and-advocacy/news-room/2022/longer-treatment-
with-puberty-delaying-medication-leads-to-lower-bone-mineral-density (last visited Jan. 20, 2024).
15 Mattawanon N., Charoenkwan K., Tangpricha V., (2021), Sexual dysfunction in transgender people: a systematic review, Urol Clin N

Am 48 (2021) 437–460. See, Shirazi TN, Self H, Dawood K, et al., Pubertal timing predicts adult psychosexuality: Evidence from
typically developing adults and adults with isolated GnRH deficiency, Psychoneuroendocrinology. 2020; 104733:104733;
16 See, e.g.,Chen D, Strang JF, Kolbuck VD, et al. Consensus parameter: Research methodologies to evaluate neurodevelopmental

effects of pubertal suppression in transgender youth. Transgender Health. 2020; 4: 246– 257.
STORAGE NAME: h1639b.IBS                                                                                                      PAGE: 3
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         Regulation of Sex-Reassignment Prescriptions and Procedures in Florida

         Current law regulates sex-reassignment prescriptions and procedures as a matter of practitioner
         licensure. These prescriptions and procedures include: 17

                    Puberty blockers prescribed to stop or delay normal puberty in order to affirm a person’s
                     perception of his or her sex if that perception is inconsistent with the person’s sex;18
                    Hormones or hormone antagonists prescribed to affirm a person’s perception of his or her sex if
                     that perception is inconsistent with the person’s sex; and
                    Medical procedures to affirm a person’s perception of his or her sex if that perception is
                     inconsistent the person’s sex.

         Current law prohibits sex-reassignment prescriptions and procedures for patients under age 18, with
         exceptions for minors actively receiving this treatment at the time the law was enacted in 2023. For
         adults, physicians must obtain specified informed consent on a form adopted by the Boards of Medicine
         and Osteopathic Medicine.19

         Regulation of Insurers and Health Maintenance Organizations

         The Office of Insurance Regulation (OIR) licenses and regulates the activities of insurers, health
         maintenance organizations (HMOs), and other risk bearing entities in Florida.20 The Agency for Health
         Care Administration (AHCA) regulates the quality of care by HMOs under part III of ch. 641, F.S. Before
         receiving a certificate of authority from the OIR, an HMO must receive a Health Care Provider
         Certificate from AHCA.21

         All persons who transact insurance in this state must comply with the Florida Insurance Code (Code).22
         The OIR has the authority to collect, propose, publish, and disseminate any information relating to the
         subject matter of the Code,23 and may investigate any matter relating to insurance. 24

         A health insurance mandate is a legal requirement that an insurance company or health plan cover
         specific benefits, or services by particular health care providers, or specific patient groups. A contingent
         coverage mandate requires coverage of a service, condition, or provider’s care only if coverage is
         provided for a certain other service, condition, or provider’s care. In general, coverage mandates
         increase the cost of health coverage in varying amounts depending on the cost of the mandated care
         and the amount of patient utilization of that care.

         Mandated offerings, on the other hand, do not mandate that certain benefits be provided. Rather, a
         mandated offering law requires that insurers offer an option for coverage for a particular benefit or
         specific patient groups, which may require an additional premium and which the consumer is free to
         accept or reject.

         Current Florida law requires every person or organization seeking consideration of a legislative
         proposal which would mandate a health coverage or the offering of a health coverage by an insurer, to
         submit to the Agency for Health Care Administration and the legislative committees having jurisdiction,
         a report that assesses the social and financial impacts of the proposed coverage. 25 To the extent
         information is available, the report should address:



17 S. 456.08, F.S.
18 Under current law, a person’s sex is indicated by a person’s sex chromosomes, naturally occurring sex hormones, and internal and

external genitalia present at birth. S. 456.001(8), F.S.
19 S. 456.52, F.S.
20 S. 20.121(3)(a), F.S.
21 S. 641.21(1)(1), F.S.
22 S. 624.11, F.S. The Code is comprised of chs. 624-632, 634-636, 641, 642, 648, and 651, F.S. S. 624.01, F.S.
23 S. 624.307(4), F.S.
24 S. 624.307(3), F.S.
25 S. 624.215, F.S.

STORAGE NAME: h1639b.IBS                                                                                                     PAGE: 4
DATE: 1/30/2024
                    The extent to which the treatment or service is generally used by a significant portion of the
                     population.
                    The extent to which insurance coverage is generally available; or, if not generally available,
                     results in persons avoiding necessary health care treatment.
                    The extent to which lack of coverage results in unreasonable financial hardship.
                    The level of public demand for the treatment or service.
                    The level of public demand for insurance coverage of the treatment or service.
                    The level of interest of collective bargaining agents in negotiating for the inclusion of this
                     coverage in group contracts.
                    The extent to which coverage will increase or decrease the cost of the treatment or service.
                    The extent to which coverage will increase the appropriate uses of the treatment or service.
                    The extent to which the treatment or service will be a substitute for a more expensive treatment
                     or service.
                    The extent to which the coverage will increase or decrease the administrative expenses of
                     insurance companies and the premium and administrative expenses of policyholders.
                    The impact of this coverage on the total cost of health care.

            The House Health and Human Services Committee has not received a report for CS/HB 1639.

            Currently, the Code does not regulate coverage of sex-reassignment prescriptions or procedures. The
            extent to which health insurers and HMOs provide coverage for sex-reassignment prescriptions or
            procedures is unknown.

            State Driver Licenses and Identification Cards

            Under Florida law, an application for the issuance of an identification card or a driver license from the
            Department of Highway Safety and Motor Vehicles (DHSMV) must include certain information,
            including the applicant’s gender.26 Additionally, a printed driver license issued by DHSMV to a driver
            must include, among other requirements, a licensee’s gender and a space upon which the licensee
            shall affix his or her usual signature.27 Florida law does not define “gender” in the context of driver
            license and identification card issuance.

            Although not expressed in Florida law, the DHSMV Driver License Operations Manual governs how
            gender is determined for purposes of driver licenses and identification cards. Primarily, an applicant’s
            gender is taken from the primary identification document, such as a birth certificate or a valid and non-
            expired United States passport. If a primary identification document does not list a gender, then the
            customer would specify which gender they most closely identify with for the use of the credential.
            Similarly, if the primary identification document indicates “nonbinary X” for gender, and the applicant
            presents no other primary resource documentation indicating gender, then the applicant would specify
            the gender they must closely identify with on the application. 28

            To change a gender on a driver license or identification card,29 an applicant can present a credential
            from another state with the desired gender, a certified court order, or a signed statement on offic ial
            letterhead from a physician or advanced practice nurse meeting certain criteria. The statement must
            include language stating that the applicant is undergoing clinical treatment for gender transition, and
            language declaring under penalty of perjury that the statement is true and correct. 30 The DHSMV
            follows standards established by the World Professional Association for Transgender Health. 31

            Effect of the Bill

            Regulation of Insurers and Health Maintenance Organizations
26 Ss. 322.051(1), F.S. and 322.08(2)(a), F.S.
27
     S. 322.14(1)(a), F.S.
28 Florida Department of Highway Safety and Motor Vehicles, Driver License Operations Manual, IR08.3 - Estab lishing Gender.

29 Other than for a clerical error.
30 Florida Department of Highway Safety and Motor Vehicles, Driver License Operations Manual, IR08.4 - Gender Change.
31 Id. at p. 2

STORAGE NAME: h1639b.IBS                                                                                                       PAGE: 5
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         The bill authorizes insurers and HMOs to cover sex-reassignment prescriptions and procedures, for an
         additional premium, but imposes a contingent coverage mandate related to sex-reassignment
         coverage: a health insurer or HMO which covers sex-reassignment prescriptions or procedures must
         also cover treatment to treatments to de-transition from such prescriptions or procedures.

         The impact of this provision is unclear, because the extent of sex-reassignment prescriptions or
         procedures coverage, and de-transition coverage, is unknown. Health insurers and HMOs providing
         both types of coverage will not be affected by the bill; similarly, those not providing covering for sex-
         reassignment prescriptions or procedures will be unaffected. Insurers and HMOs providing c overage for
         sex-reassignment prescriptions or procedures only, without de-transition coverage, may comply with
         the conditional mandate by either providing de-transition coverage, for an additional cost, or by
         eliminating coverage for sex-reassignment prescriptions or procedures (thereby eliminating the pre-
         condition that triggers the contingent mandate).

         The bill also imposes a mandated offering: an insurer or HMO which issues a policy that provides
         coverage for sex-reassignment prescriptions and procedures must also offer a policy that does not
         provide such coverage. Again, it is unknown how many health insurers and HMOs issue policies that
         provide this coverage and so would be subject to the requirement to offer policies that do not cover it.

         Finally, the bill forbids health insurers and HMOs from prohibiting coverage of mental health and
         therapeutic services to treat a person’s perception that his or her sex is inconsistent with sex at birth by
         affirming the person’s sex at birth.

         State Driver Licenses and Identification Cards

         The bill replaces the statutory term “gender” with the term “sex”, as it relates to driver license and
         identification card issuance. Specifically, the bill provides that an application for the issuance of an
         identification card or a driver license from DHSMV must include the applicant’s sex. The bill defines
         “sex” as a person’s sex indicated at birth using a definition consistent with that used in health care
         practitioner licensure laws.32 DHSMV will be required to amend operational policies to reflect these
         changes..

         The bill provides an effective date of July 1, 2024.

    B. SECTION DIRECTORY:
         Section 1:       Amends s. 322.01, F.S., relating to definitions.
         Section 2:       Amends 322.051, F.S., relating to identification cards.
         Section 3:       Amends 322.08, F.S., relating to application for licenses and identification cards.
         Section 4:       Amends 322.14, F.S.; relating to licenses issued to drivers.
         Section 5:       Creates 627.411, F.S.; relating to coverage for sex-assignment prescriptions or
                          procedures.
         Section 6:       Amends 627.657, F.S; relating to provisions of group health insurance policies.
         Section 7:       Amends 627.6699, F.S.; relating to Employee Health Care Access Act.
         Section 8:       Amends 641.31, F.S; relating to health maintenance contracts.
         Section 9:       Provides an effective date of July 1, 2024.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:

             None.


32 See s. 456.001, F.S.

STORAGE NAME: h1639b.IBS                                                                                        PAGE: 6
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       2. Expenditures:

           The bill has an insignificant fiscal impact on DHSMV for administrative costs to update driver
           license and identification card applications and printed driver licenses to refer to “sex” instead of
           “gender” and updating the operational manual, which can be absorbed within existing resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           Not applicable. This bill does not appear to affect county or municipal governments.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill may have an indeterminate, negative fiscal impact on health insurers and HMOs, depending on
       their current coverage options and offerings. Practitioners and facilities may experience an increase or
       decrease in demand for such services, depending on the extent of current coverage and the market
       response of health insurers and HMOs to the bill’s provisions.

   D. FISCAL COMMENTS:

       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

          Not applicable. This bill does not appear to affect county or municipal governments

       2. Other:

          The bill appears to make the contingent coverage mandate provision effective July 1, 2024, which
          may implicate the impairment of contract provisions of Art. 1 Sec. X of the Florida Constitution.

   B. RULE-MAKING AUTHORITY:

       Current law provides sufficient rulemaking authority for OIR, AHCA and DHSMV to implement the
       provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       To avoid implicating the provisions of Art. 1 Sec. X of the Florida Constitution, the bill could be
       amended to make the insurance provisions effective for contracts entered into or renewed after January
       1, 2025.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

   On January 22, 2024, the Select Committee on Health Innovation adopted an amendment and reported the
   bill favorably as a committee substitute.


STORAGE NAME: h1639b.IBS                                                                                    PAGE: 7
DATE: 1/30/2024
   The amendment adds a definition of “sex” for application throughout chapter 322 relating to state driver
   licenses and identification cards.

   The analysis is drafted to the committee substitute as passed by the Select Committee on Health
   Innovation.




STORAGE NAME: h1639b.IBS                                                                                PAGE: 8
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           CS/HB 1639                                                                                           2024




    1                                         A bill to be entitled
    2              An act relating to gender and biological sex; amending
    3              s. 322.01, F.S.; defining the term "sex"; amending ss.
    4              322.051, 322.08, and 322.14, F.S.; requiring
    5              applications for driver licenses and identification
    6              cards, as well as printed driver licenses, to indicate
    7              a person's sex instead of his or her gender; creating
    8              s. 627.6411, F.S.; requiring health insurance policies
    9              that include coverage for sex-reassignment
10                 prescriptions or procedures to also provide coverage
11                 for certain detransition treatments; requiring health
12                 insurers providing such coverage to also offer
13                 insurance policies that do not provide such coverage;
14                 prohibiting health insurance policies from prohibiting
15                 coverage of certain mental health and therapeutic
16                 services; amending ss. 627.657, 627.6699, and 641.31,
17                 F.S.; requiring group health insurance policies,
18                 health benefit plans, and health maintenance contracts
19                 that include coverage for sex-reassignment
20                 prescriptions or procedures to also provide coverage
21                 for certain detransition treatments; requiring group
22                 health insurers, carriers, and health maintenance
23                 organizations providing such coverage to also offer
24                 insurance policies that do not provide such coverage;
25                 prohibiting group health insurance policies, health

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        CS/HB 1639                                                                                           2024




26              benefit plans, and health maintenance contracts from
27              prohibiting coverage of certain mental health and
28              therapeutic services; providing an effective date.
29
30      Be It Enacted by the Legislature of the State of Florida:
31
32              Section 1.         Subsection (49) is added to section 322.01,
33      Florida Statutes, to read:
34              322.01        Definitions.—As used in this chapter:
35              (49)        "Sex" means the classification of a person as either
36      male or female based on the organization of the human body of
37      such person for a specific reproductive role as indicated by the
38      person's sex chromosomes, naturally occurring sex hormones, and
39      internal and external genitalia present at birth.
40              Section 2.         Paragraph (a) of subsection (1) of sec tion
41      322.051, Florida Statutes, is amended to read:
42              322.051        Identification cards.—
43              (1)         Any person who is 5 years of age or older, or any
44      person who has a disability, regardless of age, who applies for
45      a disabled parking permit under s. 320.0848, may be issued an
46      identification card by the department upon completion of an
47      application and payment of an application fee.
48              (a)         The application must include the following information
49      regarding the applicant:
50              1.      Full name (first, middle or maiden, and last), sex

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        CS/HB 1639                                                                                           2024




51      gender, proof of social security card number satisfactory to the
52      department, which may include a military identification card,
53      county of residence, mailing address, proof of residential
54      address satisfactory to the department, country of birth, and a
55      brief description.
56              2.      Proof of birth date satisfactory to the department.
57              3.      Proof of identity satisfactory to the department. Such
58      proof must include one of the following documents issued to the
59      applicant:
60              a.      A driver license record or identification card record
61      from another jurisdiction that required the applicant to submit
62      a document for identification which is substantially similar to
63      a document required under sub-subparagraph b., sub-subparagraph
64      c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
65      f., sub-subparagraph g., or sub-subparagraph h.;
66              b.      A certified copy of a United States birth certificate;
67              c.      A valid, unexpired United States passport;
68              d.      A naturalization certificate issued by the United
69      States Department of Homeland Security;
70              e.      A valid, unexpired alien registration receipt card
71      (green card);
72              f.      A Consular Report of Birth Abroad provided by the
73      United States Department of State;
74              g.      An unexpired employment authorization card issued by
75      the United States Department of Homeland Security; or

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         CS/HB 1639                                                                                           2024




 76              h.      Proof of nonimmigrant classification provided by the
 77      United States Department of Homeland Security, for an original
 78      identification card. In order to prove nonimmigrant
 79      classification, an applicant must provide at least one of the
 80      following documents. In addition, the department may require
 81      applicants to produce United States Department of Homeland
 82      Security documents for the sole purpose of establishing the
 83      maintenance of, or efforts to maintain, continuous lawful
 84      presence:
 85              (I)         A notice of hearing from an immigration court
 86      scheduling a hearing on any proceeding.
 87              (II)        A notice from the Board of Immigration Appeals
 88      acknowledging pendency of an appeal.
 89              (III)        A notice of the approval of an application for
 90      adjustment of status issued by the United States Citizenship and
 91      Immigration Services.
 92              (IV)        An official documentation confirming the filing of a
 93      petition for asylum or refugee status or any other relief issued
 94      by the United States Citizenship and Immigration Services.
 95              (V)         A notice of action transferring any pending matter
 96      from another jurisdiction to Florida, issued by the United
 97      States Citizenship and Immigration Services.
 98              (VI)        An order of an immigration judge or immigration
 99      officer granting relief that authorizes the alien to live and
100      work in the United States, including, but not limited to,

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         CS/HB 1639                                                                                           2024




101      asylum.
102              (VII)        Evidence that an application is pending for
103      adjustment of status to that of an alien lawfully admitted for
104      permanent residence in the United States or conditional
105      permanent resident status in the United States, if a visa number
106      is available having a current priority date for processing by
107      the United States Citizenship and Immigration Services.
108              (VIII)        On or after January 1, 2010, an unexpired foreign
109      passport with an unexpired United States Visa affixed,
110      accompanied by an approved I-94, documenting the most recent
111      admittance into the United States.
112
113      An identification card issued based on documents required in
114      sub-subparagraph g. or sub-subparagraph h. is valid for a period
115      not to exceed the expiration date of the document presented or 1
116      year, whichever occurs first.
117              Section 3.         Paragraph (a) of subsection (2) of section
118      322.08, Florida Statutes, is amended to read:
119              322.08        Application for license; requirements for l icense
120      and identification card forms.—
121              (2)         Each such application shall include the following
122      information regarding the applicant:
123              (a)         Full name (first, middle or maiden, and last), sex
124      gender, proof of social security card number satisfactory to the
125      department, which may include a military identification card,

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         CS/HB 1639                                                                                           2024




126      county of residence, mailing address, proof of residential
127      address satisfactory to the department, country of birth, and a
128      brief description.
129              Section 4.         Paragraph (a) of subsection (1) of sect ion
130      322.14, Florida Statutes, is amended to read:
131              322.14       Licenses issued to drivers.—
132              (1)(a)       The department shall, upon successful completion of
133      all required examinations and payment of the required fee, issue
134      to every qualified applicant a printed driver license that must
135      bear a color photograph or digital image of the licensee; the
136      name of the state; a distinguishing number assigned to the
137      licensee, which, beginning November 1, 2023, must have a minimum
138      of four randomly generated digits on each original, renewal, or
139      replacement driver license; and the licensee's full name, date
140      of birth, and residence address; a brief description of the
141      licensee, including, but not limited to, the licensee's sex
142      gender and height; and the dates of issuance and expiration of
143      the license. A space shall be provided upon which the licensee
144      shall affix his or her usual signature. A license is invalid
145      until it has been signed by the licensee except that the
146      signature of the licensee is not required if it appears thereon
147      in facsimile or if the licensee is not present within the state
148      at the time of issuance.
149              Section 5.         Section 627.6411, Florida Statutes, is created
150      to read:

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         CS/HB 1639                                                                                           2024




151              627.6411           Coverage for sex-reassignment prescriptions or
152      procedures.—
153              (1)         A health insurance policy that is delivered or issued
154      to a person in the state may offer, for an appropriate
155      additional premium, coverage for sex-reassignment prescriptions
156      or procedures, as defined in s. 456.001, only if the same health
157      insurance policy also provides coverage for treatment to
158      detransition from the sex-reassignment prescriptions or
159      procedures.
160              (2)         A health insurer that delivers or issues a health
161      insurance policy that provides coverage described under
162      subsection (1) must also offer a health insurance policy that
163      does not provide such coverage.
164              (3)         A health insurance policy that is delivered or issued
165      to a person in the state may not prohibit the coverage of mental
166      health or therapeutic services to treat a person's perception
167      that his or her sex, as defined in s. 456.001, is inconsistent
168      with such person's sex at birth by affirming the insured's sex.
169              Section 6.          Subsections (4) and (5) are added to section
170      627.657, Florida Statutes, to read:
171              627.657        Provisions of group health insurance policies. —
172              (4)(a)        A group health insurance policy that is delivered
173      or issued to any group in the state may offer, for an
174      appropriate additional premium, coverage for sex-reassignment
175      prescriptions or procedures, as defined in s. 456.001, only if

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         CS/HB 1639                                                                                           2024




176      the same group health insurance policy also provides coverage
177      for treatment to detransition from the sex-reassignment
178      prescriptions or procedures.
179              (b)         A group health insurer that delivers or issues a group
180      health insurance policy that provides coverage described under
181      paragraph (a) must also offer a group health insurance policy
182      that does not provide such coverage.
183              (5)         A group health insurance policy that is delivered or
184      issued to any group in the state may not prohibit the coverage
185      of mental health or therapeutic services to treat a person's
186      perception that his or her sex, as defined in s. 456.001, is
187      inconsistent with such person's sex at birth by affirming the
188      insured's sex.
189              Section 7.          Paragraphs (h) and (i) are added to subsection
190      (5) of section 627.6699, Florida Statutes, to read:
191              627.6699           Employee Health Care Access Act.—
192              (5)         AVAILABILITY OF COVERAGE.—
193              (h)1.        A health benefit plan that is delivered or issued to
194      an individual or a group in the state may offer, for an
195      appropriate additional premium, coverage for sex-reassignment
196      prescriptions or procedures, as defined in s. 456.001, only if
197      the same health benefit plan also provides coverage for
198      treatment to detransition from the sex-reassignment
199      prescriptions or procedures.
200              2.      A carrier that delivers or issues a health benefit plan

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                                                                                                          hb1639-01-c1
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




         CS/HB 1639                                                                                           2024




201      that provides coverage described under subparagraph 1. must also
202      offer a health benefit plan that does not provide such coverage.
203              (i)         A health benefit plan that is delivered or issued to
204      an individual or a group in the state may not prohibit the
205      coverage of mental health or therapeutic services to treat a
206      person's perception that his or her sex, as defined in s.
207      456.001, is inconsistent with such person's sex at birth by
208      affirming the insured's sex.
209              Section 8.         Subsections (48) and (49) are added to section
210      641.31, Florida Statutes, to read:
211              641.31        Health maintenance contracts.—
212              (48)(a)        A health maintenance contract that is delivered or
213      issued to a subscriber or group in the state may offer, for an
214      appropriate additional premium, coverage for sex-reassignment
215      prescriptions or procedures, as defined in s. 456.001, only if
216      the same health maintenance contract also provides coverage for
217      treatment to detransition from the sex-reassignment
218      prescriptions or procedures.
219              (b)         A health maintenance organization that delivers or
220      issues a health maintenance contract that provides coverage
221      described under paragraph (a) must also offer a health
222      maintenance contract that does not provide such coverage.
223              (49)        A health maintenance contract that is delivered or
224      issued to a subscriber or group in the state may not prohibit
225      the coverage of mental health or therapeutic services to treat a

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                                                                                                          hb1639-01-c1
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         CS/HB 1639                                                                                           2024




226      person's perception that his or her sex, as defined in s.
227      456.001, is inconsistent with such person's sex at birth by
228      affirming the insured's sex.
229              Section 9.         This act shall take effect July 1, 2024.




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                                                                                                          hb1639-01-c1
                       INSURANCE & BANKING SUBCOMMITTEE

                                  CS/HB 1639 by Bankson
                                  Gender and Bioloical Sex

                                  AMENDMENT SUMMARY
                                     February 1, 2024

Amendment 1 by Rep. Bankson (Line 169): provides that the health insurance contingent
mandate in the bill is applicable to policies delivered, issued, or renewed on or after January 1,
2025.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/HB 1639      (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Insurance & Banking
 2     Subcommittee
 3     Representative Bankson offered the following:
 4
 5          Amendment (with title amendment)
 6          Between lines 168 and 169, insert:
 7          (4) The provisions of this section are applicable to
 8     policies delivered, issued, or renewed on or after January 1,
 9     2025.
10          Between lines 188 and 189, insert:
11          (6) The provisions of this section are applicable to group
12     health insurance policies delivered, issued, or renewed on or
13     after January 1, 2025.
14          Between lines 208 and 209, insert:




     150619 - h1639-line 168.docx
      Published On: 1/31/2024 8:03:58 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/HB 1639   (2024)
       Amendment No. 1


15          (ii) The provisions of this section are applicable to
16     health benefit plans delivered, issued, or renewed on or a fter
17     January 1, 2025.
18          Between lines 228 and 229, insert:
19          (50) The provisions of this section are applicable to
20     health maintenance organization contracts delivered, issued, or
21     renewed on or after January 1, 2025.
22
23           -----------------------------------------------------
24                        T I T L E   A M E N D M E N T
25          Remove line 16 and insert:
26     services; requiring health insurance policies, group health
27     insurance plans, and health maintenance organizations to meet
28     certain contract and policy deadlines; amending ss. 627.657,
29     627.6699. and 641.31,




     150619 - h1639-line 168.docx
      Published On: 1/31/2024 8:03:58 PM
                                    Page 2 of 2
PCS for HB 1503
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1503 Citizens Property Insurance Corporation
SPONSOR(S): Insurance & Banking Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Insurance & Banking Subcommittee                                       Fortenberry        Lloyd


                                           SUMMARY ANALYSIS
The bill makes various changes to Citizens Property Insurance Corporation (Citizens), including:

        Eligibility: increases the maximum home value eligible for Citizens coverage from $700,000 to $1
         million throughout the state; with the exception of homes in counties that lack a reasonable degree of
         competition (currently Miami-Dade and Monroe), policyholders with homes between $700,000 and $1
         million will be charged a rate that is actuarially sound and noncompetitive; properties in Miami-Dade
         and Monroe counties, and any others in counties that the Office of Insurance Regulation determines
         lack a reasonable degree of competition, will continue to be charged a premium within the glidepath.

        Surplus Lines: permits surplus lines insurers to take out commercial residential policies from Citizens;
         provides definitions to accomplish these take outs; establishes that new and renewal commercial lines
         residential risks are not eligible for Citizens’ coverage if the risk is offered coverage by a surplus lines
         insurer at the insurer’s approved rate under a policy including wind coverage.

        Flood coverage: effective upon becoming law, requires Citizens’ policyholders who must purchase
         flood insurance as a condition of eligibility for Citizens’ coverage to purchase only dwelling coverage for
         a flood loss rather than dwelling and contents coverage.

        Combining Accounts: eliminates a significant amount of statutory language that is no longer needed
         because Citizens has combined the Personal Lines Account, the Commercial Lines Account, and the
         Coastal Account, into one Citizens Account, as of January 1, 2024.

        Operations and Management: allows Citizens’ executive director to appoint a designee to act as its
         agency head; allows Citizens to share information with NICB to assist in efforts to fight insurance fraud;
         allows Citizens to obtain patents, copyrights, and trademarks, and to enforce related rights.

The bill has no impact on local or state government revenues or expenditures. It has a likely indeterminate
positive and negative direct economic impact on the private sector.

Except as otherwise expressly provided, the bill is effective on July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1503.IBS
DATE: 1/30/2024
                                                         FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         General Background

         Citizens Property Insurance Corporation (Citizens) is a not-for-profit, tax-exempt government entity that
         provides property insurance to those who are unable to find affordable coverage in the private market.
         Citizens was created to serve as Florida’s property insurer of last resort.1 Applicants are eligible for
         coverage if no admitted private carrier2 will write them a policy for a premium that is within 20 percent
         greater than what Citizens would offer for comparable coverage. 3

         The policies that Citizens writes include the following:
             Standard Personal Lines Policies – comprehensive multiperil policies providing full coverage of
                residential property equivalent to the coverage provided in the private insurance market;
             Basic Personal Lines Policies – similar to dwelling fire policies that provide coverage meeting
                the requirements of the secondary mortgage market, but are more limited in coverage than
                under a standard policy;
             Commercial Lines Residential and Nonresidential Policies – generally similar to the basic perils
                of full coverage obtainable for commercial residential structures and commercial nonresidential
                structures in the private market;
             Personal Lines and Commercial Lines Residential Property Insurance Policies – cover the peril
                of wind only;
             Commercial Lines Nonresidential Property Insurance Policies – cover the peril of wind only.4

         Citizens’ Rates

         From 2007 until 2010, Citizens’ rates were frozen by statute at the level that had been established in
         2006. In 2010, the Legislature established a “glidepath” to impose annual rate increases up to a level
         that is actuarially sound. Under the original established glidepath, Citizens had to implement an annual
         rate increase which, except for sinkhole coverage, did not exceed 10 percent above the previous year
         for any individual policyholder, adjusted for coverage changes and surcharges. In 2021, the Legislature
         revised this glidepath to increase it one percentage point per year to 15 percent, as follows: 5
              11 percent for 2022.
              12 percent for 2023.
              13 percent for 2024.
              14 percent for 2025.
              15 percent for 2026 and all subsequent years.

         Citizens’ rate cap, also known as the “glidepath,” is not closing the gap between Citizens rates and
         private market rates. Instead, because of the rate cap and the increasing rates of private property
         insurance, the gap is growing and making Citizens more like a competitor to private insurers than an
         insurer of last resort. Because Citizens’ rates are often well below those of private carriers, Citizens
         may be more competitive than otherwise intended. Due to Citizens’ structure, its rates do not contain
         certain elements that the rates of private insurers contain. Citizens does not pay taxes like private
         insurers and does not need to purchase as much reinsurance as private insurers because of Citizens’
         higher levels of capital and surplus.6



1 Citizens Property Insurance Corporation (Citizens), Programs, https://www.citizensfla.com/programs (last visited Jan. 30, 2024).

2 The admitted market is comprised of insurance companies licenses to transact insurance in Florida.
3 S. 627.351(6)(c)5.a, F.S.
4 S. 627.351(6)(c)1., F.S.
5 S. 627.351(6)(n)5., F.S.
6 S. 627.351(6)(t), F.S. See also s. 627.351(6)(c)9. for information regarding Citizens purchase of reinsurance.

STORAGE NAME: pcs1503.IBS                                                                                                       PAGE: 2
DATE: 1/30/2024
           The implementation of this increase ceases when Citizens has achieved actuarially sound rates. 7 In
           addition to the overall glidepath rate increase, Citizens can increase its rates to recover the additional
           reimbursement premium it pays to the Florida Hurricane Catastrophe Fund (FHCF) as a result of the
           annual cash build-up factor added to the price of the mandatory layer of the FHCF coverage, pursuant
           to s. 215.555(5)(b), F.S.8

           In addition to eventually being actuarially sound, Citizens’ rates must not be competitive with approved
           rates charged by admitted insurers so that Citizens functions as a residual market to provide insurance
           only when it cannot be obtained from admitted insurers. 9 This eliminates localized rate reductions
           among Citizens policies. Additionally, OIR must provide Citizens with the information necessary to
           determine whether Citizens’ rates are competitive.10

           Until Special Session 2022A, in December 2022, Citizens’ rates did not differ based upon whether the
           property insured is a policyholders’ primary residence, a policyholder’s second home (e.g. a vacation
           home,) or occupied by a long-term tenant.11 However, the Legislature removed the glidepath rate
           limitations for any new or renewal personal lines policy for non-primary residences written on or after
           November 1, 2023.12 The rate for these residences rate must be no more than 50% above, but not less
           than, the established rate for Citizens which was in effect one year before the date of the application for
           coverage.13

           Eligibility for Coverage

           Current law requires Citizens to provide a procedure for determining the eligibility of a potential risk for
           coverage from Citizens, and specific eligibility requirements based on premium amounts, value of the
           property insured, and the location of the property. Risks not meeting the statutory eligibility
           requirements cannot be insured by Citizens. Citizens also has additional eligibility requirements set out
           in their underwriting rules. These rules are approved by OIR and set out in Citizens’ underwriting
           manuals.14

           Citizens may cover homes if the cost of replacing the dwelling, or the dwelling and its’ contents, is no
           more than $700,000. In Miami-Dade and Monroe counties, Citizens may insure structures valued up to
           $1 million as long as the Office of Insurance Regulation (OIR) continues to determine that these
           counties are not competitive.15

           Eligibility for Personal and Commercial Lines Residential Coverage at Renewal

           When Citizens’ personal lines residential or commercial lines residential policyholders receive offers of
           coverage at renewal from authorized insurers, the risks are not eligible for coverage from Citizens
           unless the premiums from the authorized insurers are more than 20 percent greater than the rate for
           comparable coverage from Citizens, inclusive of surcharges and assessments being levied on the
           policy by Citizens.16 The bill also establishes that policies removed from Citizens under an assumption
           agreement may remain on Citizen’s policy forms through the end of the policy term, but policy
           administration and liability transfers to the assuming insurer.17

7 S. 627.351(6)(n)7., F.S.
8 S. 627.351(6)(n)6., F.S.
9 S. 627.351(6)(n)1., F.S.
10
     Id.
11 Citizens would not issue a personal lines policy to someone using a home as a short-term vacation rental as that is considered a

business use of the home. Citizens is currently prohibited from issuing wind-only policies to commercial lines residential condominiums
when 50 percent or more of the units in the condominium are rented more than eight times per calendar year for less th an 30 days in
each rental period. S. 627.351(6)(a)6., F.S.
12 S. 627.351(6)(n)8., F.S.
13 Id.
14 See Citizens, Revised Underwriting Manuals, https://www.citizensfla.com/-/20160329-revised-underwriting-manuals (last visited Jan.

28, 2024).
15 S. 627.351(6)(a)3, F.S. If OIR makes a finding that other counties are not competitive, Citizens would be able to insure prop erties up

to $1 million in value in those counties, as well.
16 S. 627.351(6)(c)5., F.S.
17 Id.

STORAGE NAME: pcs1503.IBS                                                                                                         PAGE: 3
DATE: 1/30/2024
         Effect of the Bill – Eligibility

         The bill increases the maximum home value eligible for Citizens coverage from $700,000 to $1 million
         throughout the state. With the exception of homes in counties that lack a reasonable degree of
         competition (currently Miami-Dade and Monroe), policyholders with homes between $700,000 and $1
         million will be charged a rate that is actuarially sound and noncompetitive. Policyholders with properties
         in Miami-Dade and Monroe counties, and any others in counties that OIR determines lack a reasonable
         degree of competition, will continue to be charged a premium within the glidepath.

         Eligibility after a Take-out Offer

         Florida law requires that Citizens create programs to help return its policyholders to the private property
         insurance market and to reduce the risk of additional assessments for all Floridians in the event that
         Citizens is unable to meet its obligations.18 In 2016, the Legislature passed requirements that by
         January 1, 2017, Citizens amend its operations relating to take-out agreements, whereby private
         insurers remove policies from Citizens.19 As part of these requirements, a policy may not be taken out
         of Citizens, unless Citizens:
              Publishes a periodic schedule of cycles during which an insurer may identify, and notify Citizens
                 of, policies the insurer requests to take out;20
              Maintains and makes available to the agent of record a consolidated list of all insurers
                 requesting to take out a policy; the list must include a description of the coverage offered and
                 the estimated premium for each take-out request;
              Provides written notice to the policyholder and the agent of record regarding all insurers
                 requesting to take-out the policy and regarding the policyholder’s option to accept a take-out
                 offer or to reject all take-out offers and to remain with Citizens. The notice must be in a format
                 prescribed by Citizens and include, for each take-out offer:
                      o The amount of the estimated premium;
                      o A description of coverage; and
                      o A comparison of the estimated premium and coverage offered by the insurer to the
                          estimated premium and coverage provided by Citizens. 21

         When Citizens’ policyholders receive take-out offers from authorized insurers that include premiums
         that are not more than 20 percent greater than Citizens’ renewal premium for comparable coverage,
         inclusive of surcharges and assessments being levied on the policy by Citizens, they are no longer
         eligible for Citizens’ coverage.22 Citizens’ must notify policyholders that they have received a take-out
         offer and that the offer renders their risks ineligible for Citizens’ coverage. 23

         Effect of the Bill – Surplus Lines

         The bill permits surplus lines insurers to take out commercial residential policies from Citizens .24 The
         bill includes various definitions to assist Citizens with these take outs. While surplus lines insurers do
         not ordinarily have their rates approved by OIR, the definition of approved rate in the bill requires these
         insurers to have rates approved for the purposes of their planned Citizens’ take outs.

         The bill also establishes that new and renewal commercial lines residential risks are not eligible for
         Citizens’ coverage if the risk is offered coverage by a surplus lines insurer at the insurer’s approved
         rate under a policy including wind coverage.


18 S. 627.351(6)(q)3.a., F.S.
19 Ch. 2016-229, Laws of Fla.
20 These requests from insurers must include a description of the coverage offered and an estimated premium for it and must be

submitted to Citizens in a form prescribed by Citizens.
21 S. 627.351(6)(ii), F.S.
22 Id.
23 Id.
24 Surplus lines insurance refers to a category of insurance for which the admitted market is unable or unwilling to provide coverage.

The administration of surplus lines insurance business is managed by the Florida Surplus Lines Service Office. S. 626.921, F.S.
STORAGE NAME: pcs1503.IBS                                                                                                        PAGE: 4
DATE: 1/30/2024
         Flood Coverage Requirements

         Until Special Session 2022A, in December 2022, Citizens could not require a policyholder or applicant
         to obtain flood insurance as a condition of coverage from Citizens if a policyholder or applicant signs a
         form affirming that Citizens does not provide flood insurance coverage, and that, if the policyholder or
         applicant does not obtain flood coverage in addition to a policy from Citizens, the risk is not covered for
         flood damage.25 A Citizens policyholder who did not obtain flood coverage and executed such a form,
         and who made a claim for water damage against Citizens, had the burden of proving the damage was
         not caused by flooding.26

         Under s. 627.715, F.S., authorized insurers may issue personal lines residential flood coverage. Such
         coverage includes, but is not limited to, standard flood insurance, which is equivalent to that provided
         by the National Flood Insurance Program (NFIP), and preferred and customized flood insurance, which
         provide additional coverage from that provided by standard flood coverage. 27

         In April 2023, Citizens began to require personal lines residential policyholders and applicants purchase
         and maintain flood insurance coverage that is at least equivalent to the coverage provided by the
         NFIP.28 The policyholder or applicant must execute a form affirming that Citizens does not provide flood
         insurance and that if the policyholder or applicant does not obtain flood insurance, his or her risk will not
         be eligible for coverage from Citizens.29 Citizens may deny coverage to a personal lines residential
         policyholder or applicant who refuses to purchase and maintain flood insurance. 30

         The purchase of flood coverage by personal lines residential policyholders and applicants has been
         implemented as follows:31
             The following Citizens’ policyholders are not required to purchase flood overage as a condition
                of maintain their Citizens policies:
                    o policyholders whose Citizens policies do not provide wind coverage; and
                    o policyholders whose Citizens policies provide coverage under a condominium unit
                       owners form.
             All policyholders whose Citizens-insured property is located within the special flood hazard area
                defined by the Federal Emergency Management Agency must have flood coverage in place:
                    o At the time of initial policy issuance for all new policies issued by Citizens on or after
                       April 1, 2023.
                    o By the time of policy renewal for all personal lines residential policies renewing on or
                       after July 1, 2023.
             All other policyholders must have flood coverage in place for policies effective on or after:
                    o January 1, 2024, for property valued at $600,000 or more.
                    o January 1, 2025, for property valued at $500,000 or more.
                    o January 1, 2026, for property valued at $400,000 or more.
                    o January 1, 2027, for all other personal lines residential property insured by Citizens.

         The law requiring certain Citizens’ policyholders to purchase flood coverage has been interpreted to
         require the purchase of both dwelling and contents coverage for flood losses. When policyholders with
         existing flood policies have added contents coverage to policies that covered the dwelling only, this has
         triggered huge premium increases under the NFIP’s newly-implemented Risk Rating 2.0 pricing
         approach.32

         Effect of the Bill – Flood Coverage Requirements


25 See ch. 2022-271, Laws of Fla.
26 Id.
27 Current NFIP personal lines flood policies have limits of $250,000 per claim.
28 S. 627.351(6)(aa), F.S.
29 Id.
30 Id.
31 Id.
32 See Federal Emergency Management Agency, NFIP’s Pricing Approach, https://www.fema.gov/flood-insurance/risk-rating (last

visited Jan. 29, 2024).
STORAGE NAME: pcs1503.IBS                                                                                                PAGE: 5
DATE: 1/30/2024
         The bill requires Citizens’ policyholders who must purchase flood insurance as a condition of eligibility
         for Citizens’ coverage to purchase only dwelling coverage for a flood loss rather than dwelling and
         contents coverage. This will eliminate or avoid flood insurance rate increases triggered solely by the
         purchase of contents coverage under a flood insurance policy in order to maintain eligibility for Citizens’
         coverage.

         Combining of Accounts

         Three Accounts

         Until very recently, Citizens had three different accounts through which it offered property insurance: a
         personal lines account (PLA), a commercial lines account (CLA), and a Coastal Account. The PLA
         offered personal lines residential policies that provide comprehensive, multi-peril coverage statewide,
         except for those areas contained in the Coastal Account. The PLA also wrote policies that exclude
         coverage for wind in areas contained within the Coastal Account. Personal lines residential coverage
         consists of the types of coverage provided to homeowners’, mobile home owners’, dwellings, tenants’,
         and condominium unit owners’ policies.33

         The CLA offered commercial lines residential and non-residential policies that provide basic perils
         coverage statewide, except for those areas contained in the Coastal Account. The CLA also wrote
         policies that exclude coverage for wind in areas contained within the Coastal Account. Commercial
         lines coverage includes commercial residential policies covering condominium associations,
         homeowners’ associations, and apartment buildings. The coverage also includes commercial non-
         residential policies covering business properties.34

         The Coastal Account offered personal residential, commercial residential, and commercial non-
         residential policies in coastal areas of the state. Citizens must offer policies that solely cover the peril of
         wind (wind only policies) and may offer multi-peril policies.35

         Financial Resources

         Citizens’ financial resources include:
              Insurance premiums
              Investment income and operating surplus from prior years
              FHCF reimbursements
              Private reinsurance
              Policyholder surcharges
              Regular assessments
              Emergency assessments

         Non-weather water losses, reinsurance costs and litigation are currently the major determinants of
         insurance rates.36 In the event of a catastrophic storm or series of smaller storms, reserves could be
         exhausted, leaving Citizens unable to pay all claims. 37 Under Florida law, if the Citizens’ Board of
         Directors determines a Citizens’ account has a projected deficit, Citizens is authorized to levy
         assessments 38 on its policyholders and on each line of property and casualty line of business other


33 See s. 627.351(6)(b)2.a., F.S., and Account History and Characteristics, Citizens Property Insurance Corporation,

https://www.citizensfla.com/documents/20702/1183352/20160315+05A+C itizens+Account+History.pdf/31f51358-7105-40e9-aa75-
597f51a99563 (March 2016) (last visited Jan. 28, 2024).
34 Id.
35 Id.
36 Citizens Property Insurance Corporation, 2022 Rate Kit, Citizens 2021 Rates, Frequently Asked Questions,

https://www.citizensfla.com/documents/20702/15725518/20211213+2022+Rate+Kit.pdf/328181e5-1c41-a28d-76ea-
b7d911462c6a?t=1639433573548 (last visited Jan. 28, 2024).
37 Citizens Property Insurance Corporation, Insurance/Insurance 101/Assessments, https://www.citizensfla.com/assessments (last

visited Jan. 28, 2024).
38 Assessments are charges that Citizens and non-Citizens policyholders can be required to pay, in addition to their regular policy

premiums.
STORAGE NAME: pcs1503.IBS                                                                                                      PAGE: 6
DATE: 1/30/2024
         than workers’ compensation insurance and medical malpractice insurance.39 Citizens could impose
         three assessment tiers.40

         A surcharge of up to 15 percent of premium on all Citizens’ policies, collected upon issuance or
         renewal. When Citizens had three separate accounts, this 15 percent assessment could be levied for
         each of the three Citizens’ accounts—the CLA, the PLA, and the Coastal Account— that project a
         deficit. Thus, the total maximum premium surcharge a policyholder could be assessed is 45 percent.41

         If the Citizens’ surcharge was insufficient to cure the deficit for the Coastal Account, Citizens could
         require an assessment against all other insurers except medical malpractice and workers’
         compensation. The assessment may be recouped from policyholders through a rate filing process of up
         to two percent of premium or two percent of the deficit, whichever is greater. 42 This assessment is not
         levied against Citizens’ policyholders.

         An emergency assessment provision requires any remaining deficit for Citizens’ three accounts be
         funded by multi-year emergency assessments on all insurance policyholders, except medical
         malpractice and workers’ compensation, but including Citizens’ policyholders. This assessment may not
         exceed the greater of 10 percent of the amount needed to cover the deficit, plus interest, fees,
         commissions, required reserves, and other costs associated with financing the original deficit, or
         10 percent of the aggregate statewide direct written premium for subject lines of business and all
         accounts of the corporation for the prior year, plus interest, fees, commissions, required reserves, and
         other costs associated with financing the deficit. 43 The assessments may be cumulative.

         During Special Session 2022A, the Legislature gave Citizens the authority to combine its three
         accounts into a single account upon Citizens eliminating all outstanding financing obligations. 44 A single
         account structure allows Citizens to access its entire surplus to pay claims. Previously, surplus in a
         particular account could only be used to pay claims in that account.

         OIR approved changes to “Citizens’ underwriting guidelines and application statements regarding
         possible assessment and surcharge amounts to support the merging of Citizens’ three accounts. . .”
         into the Citizens Account.45 The Citizens policyholder surcharge imposed in the event of a deficit has
         been revised from 15 percent per account (maximum 45 percent total) to 25 percent for the single
         account (an initial assessment of up to 15 percent plus a potential emergency assessment of up to 10
         percent).46 Effective January 1, 2024, Citizens combined the three accounts into the Citizens Account. 47

         Effect of the Bill – Combining Accounts

         The bill eliminates a significant amount of statutory language that is no longer needed because Citizens
         has combined its three accounts into one account. These statutory deletions include references to the
         PLA, CLA, and Coastal Account. Citizens is now permitted to use its entire surplus to pay claims. The
         bill does not make any additional changes regarding assessments beyond those that were enacted
         during Special Session 2022A.

         Citizens’ Operations and Management

39 Accident and health insurance and policies written under the NFIP or the Federal Crop Insurance Program are not assessable types

of property and casualty insurance. Surplus lines insurers are not assessable, but their policyholders are. S. 627.351.(6)(b)3.f.-h., F.S.
40
   Citizens Property Insurance Corporation, Citizens Property Insurance Corporation: General Overview and Recent Issues, p. 14
7,https://myfloridahouse.gov/api/document/house?Leaf=HouseContent/Lists/LegislatorUResources/Attachments/75/Citizens%20Gener
al%20Overview%20and%20Recent%20Issues%20Presentation%2020221206.pdf (last visited Jan. 28, 2024).
41 Sections 627.351.(6)(b)3.i.(I) and 627.351.(6)(c)21., F.S. (2021).
42 S. 627.351(6)(b)3.a., F.S.
43 S. 627.351(6)(b)3.d., F.S.
44 S. 627.351(b)(b)2.b., F.S. The PLA, CLA, and coastal accounts combined to form one account known as the Citizens account.
45 Citizens, Comb ined Assessments and Surcharge Amounts, https://www.citizensfla.com/-/20231103-combined-assessments-and-

surcharge-amounts (last visited Jan. 28, 2024).
46 S. 627.351(6)b.5., F.S. While the text of SB 2-A (2022A) appeared to authorize Citizens to collect new, or additional surcharges, it did

not. Due to drafting requirements it establishes a new surcharge framework within the law to become effective upon the combining o f
the accounts, but does not actually authorize higher surcharges than those presently in law. See also Citizens, supra note 42.
47 Citizens, supra note 42.

STORAGE NAME: pcs1503.IBS                                                                                                         PAGE: 7
DATE: 1/30/2024
         Citizens is overseen by a board and operated by an executive director. Citizens’ board consists of nine
         individuals who must be residents of different geographical areas of Florida. 48 The Governor, Chief
         Financial Officer, President of the Senate, and Speaker of the House, each appoint two members of the
         board.49 The Governor appoints one additional member who serves solely to advocate on behalf of
         consumers.50 At least one of the two members appointed by each appointing officer must have
         demonstrated experience in insurance.51

         Citizens’ executive director, often referred to as its president or chief executive officer, is engaged by
         the board and serves “at the pleasure of the board.” 52 The executive director is subject to confirmation
         by the Senate.53 He or she is responsible for employing other staff as Citizens requires, subject to
         review and agreement by the board.54 However, current law does not specify the experience, character,
         or qualifications that an individual must have in order to be qualified to serve as Citizens’ executive
         director.

         The special investigative units of private insurers typically share information with the National Insurance
         Crime Bureau (NICB) to help fight insurance fraud.55 However, current law does not allow Citizens to
         share information with NICB.

         In addition, current law does not permit Citizens to obtain patents, copyrights, or trademarks, and to
         enforce its related rights.

         Effect of the Bill – Operations and Management

         The bill makes the following changes regarding Citizens’ operations and management:
                  Allows Citizens’ executive director to appoint a designee to act as its agency head.56
                  Allows Citizens to share information with NICB to assist in efforts to fight insurance fraud.
                  Allows Citizens to obtain patents, copyrights, and trademarks, and to enforce related rights
                    to the same.

     B. SECTION DIRECTORY:

         Section 1. Amends s. 627.351, F.S., relating to insurance risk apportionment plans.

         Section 2. Amends s. 627.3511, F.S., relating to depopulation of Citizens Property Insurance
                    Corporation.

         Section 3. Amends s. 627.3518, F.S., relating to Citizens Property Insurance Corporation policyholder
                    eligibility clearinghouse program.

         Section 4. Provides an effective date of July 1, 2024, except as otherwise provided.

                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:

48 S. 627.351(6)(c)4., F.S.
49 Id.
50 Id.
51 Id.
52 Id.
53 Id.
54 Id.
55 See National Insurance Crime Bureau, Memb er Benefits, https://www.nicb.org/membership/member-benefits (last visited Jan. 28,

2024).
56 Allowing Citizens’ executive director to appoint a designee is consistent with the permission granted to state agency heads t o appoint

designees that is found throughout ch. 287, F.S.
STORAGE NAME: pcs1503.IBS                                                                                                         PAGE: 8
DATE: 1/30/2024
           None.

       2. Expenditures:

           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill will likely have an indeterminate positive and negative effect on the private sector. Citizens’
       policyholders who are required to purchase flood coverage will likely see a decrease in their flood
       insurance premiums as a result of only having to buy dwelling coverage.

       It may have a negative effect on commercial residential policyholders who must take an offer from a
       surplus lines carrier and end up paying more in premium than they were paying for a Citizens policy.

   D. FISCAL COMMENTS:

       None.
                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:


   B. RULE-MAKING AUTHORITY:

       The bill neither authorizes nor requires administrative rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1503.IBS                                                                                   PAGE: 9
DATE: 1/30/2024
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           PCS for HB 1503                            ORIGINAL                                                  2024




    1                                         A bill to be entitled
    2
    3              An act relating to Citizens Property Insurance
    4              Corporation; amending s. 627.351, F.S.; removing
    5              obsolete language; providing that certain accounts for
    6              Citizens Property Insurance Corporation revenues,
    7              assets, liability, losses, and expenses are now
    8              maintained as the Citizens account; revising the
    9              requirements for certain coverages by the corporation;
10                 raising the dwelling replacement cost of properties
11                 eligible for coverage by the corporation under certain
12                 circumstances; requiring the inclusion of quota share
13                 primary insurance in certain policies; removing
14                 provisions relating to legislative goals; conforming
15                 provisions to changes made by the act; revising the
16                 definition of the term "assessments"; removing
17                 provisions relating to surcharges and emergency
18                 assessments upon determination of projected deficits;
19                 removing provisions relating to funds available to the
20                 corporation as sources of revenue and bonds; removing
21                 definitions; removing provisions relating to the
22                 duties of the Florida Surplus Lines Service Office ;
23                 removing provisions relating to disposition of excess
24                 amounts of assessments and surcharges; providing
25                 definitions; providing nonapplicability of certain

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        PCS for HB 1503                            ORIGINAL                                                  2024




26              provisions relating to personal lines residential
27              risks coverage by the corporation; requiring insur ers
28              to pay, under certain circumstances, producing agents
29              a certain amount or fee if the agents are unable to
30              accept appointment due to failure to be licensed as
31              surplus lines agents; providing nonapplicability of
32              such payment requirement; revising eligibility for
33              commercial lines residential risks coverage by the
34              corporation; providing that commercial lines
35              residential risks are not eligible for coverage by the
36              corporation under certain circumstances; providing
37              that comparisons of comparable coverages under certain
38              personal lines residential risks and commercial lines
39              residential risks do not apply to policies that do not
40              cover primary residences; revising the corporation's
41              plan of operation; revising the required statements
42              from applicants for coverage; revising the duties of
43              the executive director of the corporation; authorizing
44              the executive director to assign and appoint
45              designees; removing a nonapplicability provision
46              relating to bond requirements; authorizing assessed
47              insureds of certain insurers to be relieved from
48              assessments under certain circumstances; removing
49              provisions relating to certain insurer assessment
50              deferments; removing provisions relating to the

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        PCS for HB 1503                            ORIGINAL                                                  2024




51              intangibles of and coverage by the Florida Windstorm
52              Underwriting Association and the corporation coastal
53              account; authorizing the corporation and certain
54              persons to make specified information obtained from
55              underwriting files and confidential claims files
56              available to licensed surplus lines agents;
57              prohibiting such agents from using such information
58              for specified purposes; providing nonapplicability of
59              provisions relating to take-out offers that are part
60              of applications to participate in depopulation;
61              authorizing the corporation to share its claims data
62              with a specified entity; amending s. 627.3511, F.S.;
63              conforming provisions to changes made by the act;
64              conforming cross-references; amending s. 627.3518,
65              F.S.; providing nonapplicability of provisions
66              relating to noneligibility for coverage by the
67              corporation; revising the flood coverage requirements
68              for personal lines residential policyholders;
69              providing effective dates.
70
71
72      Be It Enacted by the Legislature of the State of Florida:
73              Section 1.         Subsection (7) of section 627.351, Florida
74      Statutes, is renumbered as subsection (8), paragraph (b) of
75      subsection (2) and subsection (6) are amended, and a new

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         PCS for HB 1503                            ORIGINAL                                                  2024




 76      subsection (7) is added to that section, to read:
 77              627.351        Insurance risk apportionment plans.—
 78              (2)         WINDSTORM INSURANCE RISK APPORTIONMENT.—
 79              (b)         The department shall require all insurers holding a
 80      certificate of authority to transact property insurance on a
 81      direct basis in this state, other than joint underwriting
 82      associations and other entities formed pursuant to this section,
 83      to provide windstorm coverage to applicants from areas
 84      determined to be eligible pursuant to paragraph (c) who in good
 85      faith are entitled to, but are unable to procure, such coverage
 86      through ordinary means; or it shall adopt a reasonable plan or
 87      plans for the equitable apportionment or sharing among such
 88      insurers of windstorm coverage, which may include formation of
 89      an association for this purpose. As used in this subsection, the
 90      term "property insurance" means insurance on real or personal
 91      property, as defined in s. 624.604, including insurance for
 92      fire, industrial fire, allied lines, farmowners multiperil,
 93      homeowners multiperil, commercial multiperil, and mobile homes,
 94      and including liability coverages on all such insurance, but
 95      excluding inland marine as defined in s. 624.607(3) and
 96      excluding vehicle insurance as defined in s. 624.605(1)(a) other
 97      than insurance on mobile homes used as permanent dwellings. The
 98      department shall adopt rules that provide a formula for the
 99      recovery and repayment of any deferred assessments.
100              1.      For the purpose of this section, properties eligible

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         PCS for HB 1503                            ORIGINAL                                                  2024




101      for such windstorm coverage are defined as dwellings, buildings,
102      and other structures, including mobile homes which are used as
103      dwellings and which are tied down in compliance with mobile home
104      tie-down requirements prescribed by the Department of Highwa y
105      Safety and Motor Vehicles pursuant to s. 320.8325, and the
106      contents of all such properties. An applicant or policyholder is
107      eligible for coverage only if an offer of coverage cannot be
108      obtained by or for the applicant or policyholder from an
109      admitted insurer at approved rates.
110              2.a.(I)       All insurers required to be members of such
111      association shall participate in its writings, expenses, and
112      losses. Surplus of the association shall be retained for the
113      payment of claims and shall not be distributed to the me mber
114      insurers. Such participation by member insurers shall be in the
115      proportion that the net direct premiums of each member insurer
116      written for property insurance in this state during the
117      preceding calendar year bear to the aggregate net direct
118      premiums for property insurance of all member insurers, as
119      reduced by any credits for voluntary writings, in this state
120      during the preceding calendar year. For the purposes of this
121      subsection, the term "net direct premiums" means direct written
122      premiums for property insurance, reduced by premium for
123      liability coverage and for the following if included in allied
124      lines: rain and hail on growing crops; livestock; association
125      direct premiums booked; National Flood Insurance Program direct

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         PCS for HB 1503                            ORIGINAL                                                  2024




126      premiums; and similar deductions specifically authorized by the
127      plan of operation and approved by the department. A member's
128      participation shall begin on the first day of the calendar year
129      following the year in which it is issued a certificate of
130      authority to transact property insurance in the state and shall
131      terminate 1 year after the end of the calendar year during which
132      it no longer holds a certificate of authority to transact
133      property insurance in the state. The commissioner, after review
134      of annual statements, other reports, and any other statistics
135      that the commissioner deems necessary, shall certify to the
136      association the aggregate direct premiums written for property
137      insurance in this state by all member insurers.
138              (II)        Effective July 1, 2002, the association shall operate
139      subject to the supervision and approval of a board of governors
140      who are the same individuals that have been appointed by the
141      Treasurer to serve on the board of governors of the Citizens
142      Property Insurance Corporation.
143              (III)        The plan of operation shall provide a formula
144      whereby a company voluntarily providing windstorm coverage in
145      affected areas will be relieved wholly or partially from
146      apportionment of a regular assessment pursuant to sub -sub-
147      subparagraph d.(I) or sub-sub-subparagraph d.(II).
148              (IV)        A company which is a member of a group of companies
149      under common management may elect to have its credits applied on
150      a group basis, and any company or group may elect to have its

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         PCS for HB 1503                            ORIGINAL                                                  2024




151      credits applied to any other company or group.
152              (V)         There shall be no credits or relief from apportionment
153      to a company for emergency assessments collected from its
154      policyholders under sub-sub-subparagraph d.(III).
155              (VI)        The plan of operation may also provide for the award
156      of credits, for a period not to exceed 3 years, from a regular
157      assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-
158      subparagraph d.(II) as an incentive for taking policies out of
159      the Residential Property and Casualty Joint Underwriting
160      Association. In order to qualify for the exemption under this
161      sub-sub-subparagraph, the take-out plan must provide that at
162      least 40 percent of the policies removed from the Residential
163      Property and Casualty Joint Underwriting Association cover risks
164      located in Miami-Dade, Broward, and Palm Beach Counties or at
165      least 30 percent of the policies so removed cover risks located
166      in Miami-Dade, Broward, and Palm Beach Counties and an
167      additional 50 percent of the policies so removed cover risks
168      located in other coastal counties, and must also provide that no
169      more than 15 percent of the policies so removed may exclude
170      windstorm coverage. With the approval of the department, the
171      association may waive these geographic criteria for a take -out
172      plan that removes at least the lesser of 100,000 Residential
173      Property and Casualty Joint Underwriting Association policies or
174      15 percent of the total number of Residential Property and
175      Casualty Joint Underwriting Association policies, provided the

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         PCS for HB 1503                            ORIGINAL                                                  2024




176      governing board of the Residential Property and Casualty Joint
177      Underwriting Association certifies that the take-out plan will
178      materially reduce the Residential Property and Casualty Joint
179      Underwriting Association's 100-year probable maximum loss from
180      hurricanes. With the approval of the department, the board may
181      extend such credits for an additional year if the insurer
182      guarantees an additional year of renewability for all policies
183      removed from the Residential Property and Casualty Joint
184      Underwriting Association, or for 2 additional years if the
185      insurer guarantees 2 additional years of renewability for all
186      policies removed from the Residential Property and Casualty
187      Joint Underwriting Association.
188              b.      Assessments to pay deficits in the association under
189      this subparagraph shall be included as an appropriate factor in
190      the making of rates as provided in s. 627.3512.
191              c.      The Legislature finds that the potential for unlimited
192      deficit assessments under this subparagraph may induce insurers
193      to attempt to reduce their writings in the voluntary market, and
194      that such actions would worsen the availability problems that
195      the association was created to remedy. It is the intent of the
196      Legislature that insurers remain fully responsible for paying
197      regular assessments and collecting emergency assessments for any
198      deficits of the association; however, it is also the intent of
199      the Legislature to provide a means by which assessment
200      liabilities may be amortized over a period of years.

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         PCS for HB 1503                            ORIGINAL                                                  2024




201              d.(I)        When the deficit incurred in a particular calendar
202      year is 10 percent or less of the aggregate statewide direct
203      written premium for property insurance for the prior calendar
204      year for all member insurers, the association shall levy an
205      assessment on member insurers in an amount equal to the deficit.
206              (II)        When the deficit incurred in a particular calendar
207      year exceeds 10 percent of the aggregate statewide direc t
208      written premium for property insurance for the prior calendar
209      year for all member insurers, the association shall levy an
210      assessment on member insurers in an amount equal to the greater
211      of 10 percent of the deficit or 10 percent of the aggregate
212      statewide direct written premium for property insurance for the
213      prior calendar year for member insurers. Any remaining deficit
214      shall be recovered through emergency assessments under sub -sub-
215      subparagraph (III).
216              (III)        Upon a determination by the board of directors that
217      a deficit exceeds the amount that will be recovered through
218      regular assessments on member insurers, pursuant to sub -sub-
219      subparagraph (I) or sub-sub-subparagraph (II), the board shall
220      levy, after verification by the department, emergency
221      assessments to be collected by member insurers and by
222      underwriting associations created pursuant to this section which
223      write property insurance, upon issuance or renewal of property
224      insurance policies other than National Flood Insurance policies
225      in the year or years following levy of the regular assessments.

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         PCS for HB 1503                            ORIGINAL                                                  2024




226      The amount of the emergency assessment collected in a particular
227      year shall be a uniform percentage of that year's direct written
228      premium for property insurance for all member insurers and
229      underwriting associations, excluding National Flood Insurance
230      policy premiums, as annually determined by the board and
231      verified by the department. The department shall verify the
232      arithmetic calculations involved in the board's determination
233      within 30 days after receipt of the information on which the
234      determination was based. Notwithstanding any other provision of
235      law, each member insurer and each underwriting association
236      created pursuant to this section shall collect emergency
237      assessments from its policyholders without such obligati on being
238      affected by any credit, limitation, exemption, or deferment. The
239      emergency assessments so collected shall be transferred directly
240      to the association on a periodic basis as determined by the
241      association. The aggregate amount of emergency assessments
242      levied under this sub-sub-subparagraph in any calendar year may
243      not exceed the greater of 10 percent of the amount needed to
244      cover the original deficit, plus interest, fees, commissions,
245      required reserves, and other costs associated with financing of
246      the original deficit, or 10 percent of the aggregate statewide
247      direct written premium for property insurance written by member
248      insurers and underwriting associations for the prior year, plus
249      interest, fees, commissions, required reserves, and other costs
250      associated with financing the original deficit. The board may

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         PCS for HB 1503                            ORIGINAL                                                  2024




251      pledge the proceeds of the emergency assessments under this sub -
252      sub-subparagraph as the source of revenue for bonds, to retire
253      any other debt incurred as a result of the deficit or events
254      giving rise to the deficit, or in any other way that the board
255      determines will efficiently recover the deficit. The emergency
256      assessments under this sub-sub-subparagraph shall continue as
257      long as any bonds issued or other indebtedness incurred with
258      respect to a deficit for which the assessment was imposed remain
259      outstanding, unless adequate provision has been made for the
260      payment of such bonds or other indebtedness pursuant to the
261      document governing such bonds or other indebtedness. Emergency
262      assessments collected under this sub-sub-subparagraph are not
263      part of an insurer's rates, are not premium, and are not subject
264      to premium tax, fees, or commissions; however, failure to pay
265      the emergency assessment shall be treated as failure to pay
266      premium.
267              (IV)        Each member insurer's share of the total regular
268      assessments under sub-sub-subparagraph (I) or sub-sub-
269      subparagraph (II) shall be in the proportion that the insurer's
270      net direct premium for property insurance in this state, for the
271      year preceding the assessment bears to the aggregate statewide
272      net direct premium for property insurance of all member
273      insurers, as reduced by any credits for voluntary writings for
274      that year.
275              (V)         If regular deficit assessments are made under sub-sub-

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         PCS for HB 1503                            ORIGINAL                                                  2024




276      subparagraph (I) or sub-sub-subparagraph (II), or by the
277      Residential Property and Casualty Joint Underwriting Association
278      under sub-subparagraph (6)(b)3.a., the association shall levy
279      upon the association's policyholders, as part of its next rate
280      filing, or by a separate rate filing solely for thi s purpose, a
281      market equalization surcharge in a percentage equal to the total
282      amount of such regular assessments divided by the aggregate
283      statewide direct written premium for property insurance for
284      member insurers for the prior calendar year. Market equali zation
285      surcharges under this sub-sub-subparagraph are not considered
286      premium and are not subject to commissions, fees, or premium
287      taxes; however, failure to pay a market equalization surcharge
288      shall be treated as failure to pay premium.
289              e.      The governing body of any unit of local government, any
290      residents of which are insured under the plan, may issue bonds
291      as defined in s. 125.013 or s. 166.101 to fund an assistance
292      program, in conjunction with the association, for the purpose of
293      defraying deficits of the association. In order to avoid
294      needless and indiscriminate proliferation, duplication, and
295      fragmentation of such assistance programs, any unit of local
296      government, any residents of which are insured by the
297      association, may provide for the payment of losses, regardless
298      of whether or not the losses occurred within or outside of the
299      territorial jurisdiction of the local government. Revenue bonds
300      may not be issued until validated pursuant to chapter 75, unless

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         PCS for HB 1503                            ORIGINAL                                                  2024




301      a state of emergency is declared by executive order or
302      proclamation of the Governor pursuant to s. 252.36 making such
303      findings as are necessary to determine that it is in the best
304      interests of, and necessary for, the protection of the public
305      health, safety, and general welfare of residents of this state
306      and the protection and preservation of the economic stability of
307      insurers operating in this state, and declaring it an essential
308      public purpose to permit certain municipalities or counties to
309      issue bonds as will provide relief to claimants and
310      policyholders of the association and insurers responsible for
311      apportionment of plan losses. Any such unit of local government
312      may enter into such contracts with the association and with any
313      other entity created pursuant to this subsection as are
314      necessary to carry out this paragraph. Any bonds issued under
315      this sub-subparagraph shall be payable from and secured by
316      moneys received by the association from assessments under this
317      subparagraph, and assigned and pledged to or on behalf of the
318      unit of local government for the benefit of the holders of such
319      bonds. The funds, credit, property, and taxing power of the
320      state or of the unit of local government shall not be pledged
321      for the payment of such bonds. If any of the bonds remain unsold
322      60 days after issuance, the department shall require all
323      insurers subject to assessment to purchase the bonds, which
324      shall be treated as admitted assets; each insurer shall be
325      required to purchase that percentage of the unsold portion of

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         PCS for HB 1503                            ORIGINAL                                                  2024




326      the bond issue that equals the insurer's relative share of
327      assessment liability under this subsection. An insurer shall not
328      be required to purchase the bonds to the extent that the
329      department determines that the purchase would endanger or impair
330      the solvency of the insurer. The authority granted by this sub-
331      subparagraph is additional to any bonding authority granted by
332      subparagraph 6.
333              3.      The plan shall also provide that any member with a
334      surplus as to policyholders of $25 million or less writing 25
335      percent or more of its total countrywide property insurance
336      premiums in this state may petition the department, within the
337      first 90 days of each calendar year, to qualify as a limited
338      apportionment company. The apportionment of such a member
339      company in any calendar year for which it is qualified shall not
340      exceed its gross participation, which shall not be affected by
341      the formula for voluntary writings. In no event shall a limited
342      apportionment company be required to participate in any
343      apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
344      or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
345      $50 million after payment of available plan funds in any
346      calendar year. However, a limited apportionment company shall
347      collect from its policyholders any emergency assessment imposed
348      under sub-sub-subparagraph 2.d.(III). The plan shall provide
349      that, if the department determines that any regular assessment
350      will result in an impairment of the surplus of a limited

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351      apportionment company, the department may direct that all or
352      part of such assessment be deferred. However, there shall be no
353      limitation or deferment of an emergency assessment to be
354      collected from policyholders under sub-sub-subparagraph
355      2.d.(III).
356              4.      The plan shall provide for the deferment, in whole or
357      in part, of a regular assessment of a member insure r under sub-
358      sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but
359      not for an emergency assessment collected from policyholders
360      under sub-sub-subparagraph 2.d.(III), if, in the opinion of the
361      commissioner, payment of such regular assessment would e ndanger
362      or impair the solvency of the member insurer. In the event a
363      regular assessment against a member insurer is deferred in whole
364      or in part, the amount by which such assessment is deferred may
365      be assessed against the other member insurers in a manner
366      consistent with the basis for assessments set forth in sub -sub-
367      subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
368              5.a.        The plan of operation may include deductibles and
369      rules for classification of risks and rate modifications
370      consistent with the objective of providing and maintaining funds
371      sufficient to pay catastrophe losses.
372              b.      It is the intent of the Legislature that the rates for
373      coverage provided by the association be actuarially sound and
374      not competitive with approved rates charged in the admi tted
375      voluntary market such that the association functions as a

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376      residual market mechanism to provide insurance only when the
377      insurance cannot be procured in the voluntary market. The plan
378      of operation shall provide a mechanism to assure that, beginning
379      no later than January 1, 1999, the rates charged by the
380      association for each line of business are reflective of approved
381      rates in the voluntary market for hurricane coverage for each
382      line of business in the various areas eligible for association
383      coverage.
384              c.      The association shall provide for windstorm coverage on
385      residential properties in limits up to $10 million for
386      commercial lines residential risks and up to $1 million for
387      personal lines residential risks. If coverage with the
388      association is sought for a residential risk valued in excess of
389      these limits, coverage shall be available to the risk up to the
390      replacement cost or actual cash value of the property, at the
391      option of the insured, if coverage for the risk cannot be
392      located in the authorized market. The association must accept a
393      commercial lines residential risk with limits above $10 million
394      or a personal lines residential risk with limits above $1
395      million if coverage is not available in the authorized market.
396      The association may write coverage above the limits specified in
397      this subparagraph with or without facultative or other
398      reinsurance coverage, as the association determines appropriate.
399              d.      The plan of operation must provide objective criteria
400      and procedures, approved by the department, to be unifo rmly

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401      applied for all applicants in determining whether an individual
402      risk is so hazardous as to be uninsurable. In making this
403      determination and in establishing the criteria and procedures,
404      the following shall be considered:
405              (I)         Whether the likelihood of a loss for the individual
406      risk is substantially higher than for other risks of the same
407      class; and
408              (II)        Whether the uncertainty associated with the
409      individual risk is such that an appropriate premium cannot be
410      determined.
411
412      The acceptance or rejection of a risk by the association
413      pursuant to such criteria and procedures must be construed as
414      the private placement of insurance, and the provisions of
415      chapter 120 do not apply.
416              e.      If the risk accepts an offer of coverage through the
417      market assistance program or through a mechanism established by
418      the association, either before the policy is issued by the
419      association or during the first 30 days of coverage by the
420      association, and the producing agent who submitted the
421      application to the association is not currently appointed by the
422      insurer, the insurer shall:
423              (I)         Pay to the producing agent of record of the policy,
424      for the first year, an amount that is the greater of the
425      insurer's usual and customary commission for the type of policy

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426      written or a fee equal to the usual and customary commission of
427      the association; or
428              (II)        Offer to allow the producing agent of record of the
429      policy to continue servicing the policy for a period of not less
430      than 1 year and offer to pay the agent the greater of the
431      insurer's or the association's usual and customary commission
432      for the type of policy written.
433
434      If the producing agent is unwilling or unable to accept
435      appointment, the new insurer shall pay the agent in accordance
436      with sub-sub-subparagraph (I). Subject to the provisions of s.
437      627.3517, the policies issued by the association must provide
438      that if the association obtains an offer from an authorized
439      insurer to cover the risk at its approved rates under either a
440      standard policy including wind coverage or, if consistent with
441      the insurer's underwriting rules as filed with the department, a
442      basic policy including wind coverage, the risk is no longer
443      eligible for coverage through the association. Upon termination
444      of eligibility, the association shall provide written notice to
445      the policyholder and agent of record stating that the
446      association policy must be canceled as of 60 days after the date
447      of the notice because of the offer of coverage from an
448      authorized insurer. Other provisions of the insurance code
449      relating to cancellation and notice of cancellation do not apply
450      to actions under this sub-subparagraph.

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451              f.      When the association enters into a contractual
452      agreement for a take-out plan, the producing agent of record of
453      the association policy is entitled to retain any unearned
454      commission on the policy, and the insurer shall:
455              (I)         Pay to the producing agent of record of the
456      association policy, for the first year, an amount that is the
457      greater of the insurer's usual and customary commission for the
458      type of policy written or a fee equal to the usual and customary
459      commission of the association; or
460              (II)        Offer to allow the producing agent of record of the
461      association policy to continue servicing the policy for a period
462      of not less than 1 year and offer to pay the agent the greater
463      of the insurer's or the association's usual and customary
464      commission for the type of policy written.
465
466      If the producing agent is unwilling or unable to accept
467      appointment, the new insurer shall pay the agent in accordance
468      with sub-sub-subparagraph (I).
469              6.a.        The plan of operation may authorize the formation of
470      a private nonprofit corporation, a private nonprofit
471      unincorporated association, a partnership, a trust, a limited
472      liability company, or a nonprofit mutual company which may be
473      empowered, among other things, to borrow money by issuing bonds
474      or by incurring other indebtedness and to accumulate reserves or
475      funds to be used for the payment of insured catastrophe losses.

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476      The plan may authorize all actions necessary to facilitate the
477      issuance of bonds, including the pledging of assessments or
478      other revenues.
479              b.      Any entity created under this subsection, or any entity
480      formed for the purposes of this subsection, may sue and be sued,
481      may borrow money; issue bonds, notes, or debt instruments;
482      pledge or sell assessments, market equalization surcharges and
483      other surcharges, rights, premiums, contractual rights,
484      projected recoveries from the Florida Hurricane Catastrophe
485      Fund, other reinsurance recoverables, and other assets as
486      security for such bonds, notes, or debt instruments; enter into
487      any contracts or agreements necessary or proper to accomplish
488      such borrowings; and take other actions necessary to carry out
489      the purposes of this subsection. The association may issue bonds
490      or incur other indebtedness, or have bonds issued on its behalf
491      by a unit of local government pursuant to subparagraph (6)(q)2.,
492      in the absence of a hurricane or other weather-related event,
493      upon a determination by the association subject to approval by
494      the department that such action would enable it to efficiently
495      meet the financial obligations of the association and that such
496      financings are reasonably necessary to effectuate the
497      requirements of this subsection. Any such entity may accumulate
498      reserves and retain surpluses as of the end of any associatio n
499      year to provide for the payment of losses incurred by the
500      association during that year or any future year. The association

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501      shall incorporate and continue the plan of operation and
502      articles of agreement in effect on the effective date of chapter
503      76-96, Laws of Florida, to the extent that it is not
504      inconsistent with chapter 76-96, and as subsequently modified
505      consistent with chapter 76-96. The board of directors and
506      officers currently serving shall continue to serve until their
507      successors are duly qualified as provided under the plan. The
508      assets and obligations of the plan in effect immediately prior
509      to the effective date of chapter 76-96 shall be construed to be
510      the assets and obligations of the successor plan created herein.
511              c.      In recognition of s. 10, Art. I of the State
512      Constitution, prohibiting the impairment of obligations of
513      contracts, it is the intent of the Legislature that no action be
514      taken whose purpose is to impair any bond indenture or financing
515      agreement or any revenue source committed by contract to such
516      bond or other indebtedness issued or incurred by the association
517      or any other entity created under this subsection.
518              7.      On such coverage, an agent's remuneration shall be that
519      amount of money payable to the agent by the terms of his or her
520      contract with the company with which the business is placed.
521      However, no commission will be paid on that portion of the
522      premium which is in excess of the standard premium of that
523      company.
524              8.      Subject to approval by the department, the association
525      may establish different eligibility requirements and operational

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526      procedures for any line or type of coverage for any specified
527      eligible area or portion of an eligible area if the board
528      determines that such changes to the eligibility requirements and
529      operational procedures are justified due to the voluntary market
530      being sufficiently stable and competitive in such area or for
531      such line or type of coverage and that consumers who, in good
532      faith, are unable to obtain insurance through the voluntary
533      market through ordinary methods would continue to have access to
534      coverage from the association. When coverage is sought in
535      connection with a real property transfer, such requirements and
536      procedures shall not provide for an effective date of coverage
537      later than the date of the closing of the transfer as
538      established by the transferor, the transferee, and, if
539      applicable, the lender.
540              9.      Notwithstanding any other provision of law:
541              a.      The pledge or sale of, the lien upon, and the security
542      interest in any rights, revenues, or other assets of the
543      association created or purported to be created pursuant to any
544      financing documents to secure any bonds or other indebtedness of
545      the association shall be and remain valid and enforceable,
546      notwithstanding the commencement of and during the co ntinuation
547      of, and after, any rehabilitation, insolvency, liquidation,
548      bankruptcy, receivership, conservatorship, reorganization, or
549      similar proceeding against the association under the laws of
550      this state or any other applicable laws.

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551              b.      No such proceeding shall relieve the association of its
552      obligation, or otherwise affect its ability to perform its
553      obligation, to continue to collect, or levy and collect,
554      assessments, market equalization or other surcharges, projected
555      recoveries from the Florida Hurricane Catastrophe Fund,
556      reinsurance recoverables, or any other rights, revenues, or
557      other assets of the association pledged.
558              c.      Each such pledge or sale of, lien upon, and security
559      interest in, including the priority of such pledge, lien, or
560      security interest, any such assessments, emergency assessments,
561      market equalization or renewal surcharges, projected recoveries
562      from the Florida Hurricane Catastrophe Fund, reinsurance
563      recoverables, or other rights, revenues, or other assets which
564      are collected, or levied and collected, after the commencement
565      of and during the pendency of or after any such proceeding shall
566      continue unaffected by such proceeding.
567              d.      As used in this subsection, the term "financing
568      documents" means any agreement, instrument, or other document
569      now existing or hereafter created evidencing any bonds or other
570      indebtedness of the association or pursuant to which any such
571      bonds or other indebtedness has been or may be issued and
572      pursuant to which any rights, revenues, or other assets of the
573      association are pledged or sold to secure the repayment of such
574      bonds or indebtedness, together with the payment of interest on
575      such bonds or such indebtedness, or the payment of any other

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576      obligation of the association related to such bonds or
577      indebtedness.
578              e.      Any such pledge or sale of assessments, revenues,
579      contract rights or other rights or assets of the association
580      shall constitute a lien and security interest, or sale, as the
581      case may be, that is immediately effective and attaches to such
582      assessments, revenues, contract, or other rights or assets,
583      whether or not imposed or collected at the time the pledge or
584      sale is made. Any such pledge or sale is effective, valid,
585      binding, and enforceable against the association or other entity
586      making such pledge or sale, and valid and binding against and
587      superior to any competing claims or obligations owed to any
588      other person or entity, including policyholders in this state,
589      asserting rights in any such assessments, revenues, contract, or
590      other rights or assets to the extent set forth in and in
591      accordance with the terms of the pledge or sale contained in the
592      applicable financing documents, whether or not any such person
593      or entity has notice of such pledge or sale and without the need
594      for any physical delivery, recordation, filing, or other action.
595              f.      There shall be no liability on the part of, and no
596      cause of action of any nature shall arise against, any member
597      insurer or its agents or employees, agents or employees of the
598      association, members of the board of directors of the
599      association, or the department or its representatives, for any
600      action taken by them in the performance of their duties or

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601      responsibilities under this subsection. Such immunity does not
602      apply to actions for breach of any contract or agreement
603      pertaining to insurance, or any willful tort.
604              (6)         CITIZENS PROPERTY INSURANCE CORPORATION.—
605              (a)         The public purpose of this subsection is to ensure
606      that there is an orderly market for property insurance for
607      residents and businesses of this state.
608              1.      The Legislature finds that private insurers are
609      unwilling or unable to provide affordable property insurance
610      coverage in this state to the extent sought and needed. The
611      absence of affordable property insurance threatens the public
612      health, safety, and welfare and likewise threatens the economic
613      health of the state. The state therefore has a compelling public
614      interest and a public purpose to assist in assuring that
615      property in the state is insured and that it is insured at
616      affordable rates so as to facilitate the remediation,
617      reconstruction, and replacement of damaged or destroyed property
618      in order to reduce or avoid the negative effects otherwise
619      resulting to the public health, safety, and welfare, to the
620      economy of the state, and to the revenues of the state and local
621      governments which are needed to provide for the public welfare.
622      It is necessary, therefore, to provide affordable property
623      insurance to applicants who are in good faith entitled to
624      procure insurance through the voluntary market but are unable to
625      do so. The Legislature intends, therefore, that affordable

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626      property insurance be provided and that it continue to be
627      provided, as long as necessary, through Citizens Property
628      Insurance Corporation, a government entity that is an integral
629      part of the state, and that is not a private insurance company.
630      To that end, the corporation shall strive to increase the
631      availability of affordable property insurance in this state,
632      while achieving efficiencies and economies, and while providing
633      service to policyholders, applicants, and agents which is no
634      less than the quality generally provided in the voluntary
635      market, for the achievement of the foregoing public purposes.
636      Because it is essential for this government entity to have the
637      maximum financial resources to pay claims following a
638      catastrophic hurricane, it is the intent of the Legislature that
639      the corporation continue to be an integral part of the state and
640      that the income of the corporation be exempt from federal income
641      taxation and that interest on the debt obligations issu ed by the
642      corporation be exempt from federal income taxation.
643              2.      The Residential Property and Casualty Joint
644      Underwriting Association originally created by this statute
645      shall be known as the Citizens Property Insurance Corporation.
646      The corporation shall provide insurance for residential and
647      commercial property, for applicants who are entitled, but, in
648      good faith, are unable to procure insurance through the
649      voluntary market. The corporation shall operate pursuant to a
650      plan of operation approved by order of the Financial Services

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651      Commission. The plan is subject to continuous review by the
652      commission. The commission may, by order, withdraw approval of
653      all or part of a plan if the commission determines that
654      conditions have changed since approval was granted an d that the
655      purposes of the plan require changes in the plan. For the
656      purposes of this subsection, residential coverage includes both
657      personal lines residential coverage, which consists of the type
658      of coverage provided by homeowner, mobile home owner, dwelling,
659      tenant, condominium unit owner, and similar policies; and
660      commercial lines residential coverage, which consists of the
661      type of coverage provided by condominium association, apartment
662      building, and similar policies.
663              3.      With respect to coverage for personal lines residential
664      structures:
665              a.      Effective January 1, 2014, a structure that has a
666      dwelling replacement cost of $1 million or more, or a single
667      condominium unit that has a combined dwelling and contents
668      replacement cost of $1 million or more, is not eligible for
669      coverage by the corporation. Such dwellings insured by the
670      corporation on December 31, 2013, may continue to be covered by
671      the corporation until the end of the policy term. The office
672      shall approve the method used by the corporation for val uing the
673      dwelling replacement cost for the purposes of this subparagraph.
674      If a policyholder is insured by the corporation before being
675      determined to be ineligible pursuant to this subparagraph and

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676      such policyholder files a lawsuit challenging the determination,
677      the policyholder may remain insured by the corporation until the
678      conclusion of the litigation.
679              b.      Effective January 1, 2015, a structure that has a
680      dwelling replacement cost of $900,000 or more, or a single
681      condominium unit that has a combined dwelling and contents
682      replacement cost of $900,000 or more, is not eligible for
683      coverage by the corporation. Such dwellings insured by the
684      corporation on December 31, 2014, may continue to be covered by
685      the corporation only until the end of the policy term.
686              c.      Effective January 1, 2016, a structure that has a
687      dwelling replacement cost of $800,000 or more, or a single
688      condominium unit that has a combined dwelling and contents
689      replacement cost of $800,000 or more, is not eligible for
690      coverage by the corporation. Such dwellings insured by the
691      corporation on December 31, 2015, may continue to be covered by
692      the corporation until the end of the policy term.
693              d.      Except in the counties in which the office determines
694      there is not a reasonable degree of competition, effective
695      January 1, 2025 2017, a structure that has a dwelling
696      replacement cost of $1 million $700,000 or more, or a single
697      condominium unit that has a combined dwelling and contents
698      replacement cost of $1 million $700,000 or more, is not eligible
699      for coverage by the corporation. Such dwellings insured by the
700      corporation on December 31, 2016, may continue to be covered by

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701      the corporation until the end of the policy term.
702              The requirements of sub-subparagraphs b.-d. do not apply in
703      counties where the office determines there is not a reasonable
704      degree of competition. In such counties a personal lines
705      residential structure that has a dwelling replacement cost of
706      less than $1 million, or a single condominium unit that has a
707      combined dwelling and contents replacement cost of less than $1
708      million, is eligible for coverage by the corporation.
709              4.      It is the intent of the Legislature that policyholders,
710      applicants, and agents of the corporation receive service and
711      treatment of the highest possible level but never less than that
712      generally provided in the voluntary market. It is also intended
713      that the corporation be held to service standards no less than
714      those applied to insurers in the voluntary market by the office
715      with respect to responsiveness, timeliness, customer courtesy,
716      and overall dealings with policyholders, applicants, or agents
717      of the corporation.
718              5.a.        Effective January 1, 2009, a personal lines
719      residential structure that is located in the "wind-borne debris
720      region," as defined in s. 1609.2, International Building Code
721      (2006), and that has an insured value on the structure of
722      $750,000 or more is not eligible for coverage by the corporation
723      unless the structure has opening protections as required under
724      the Florida Building Code for a newly constructed residential
725      structure in that area. A residential structure is deemed to

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726      comply with this sub-subparagraph if it has shutters or opening
727      protections on all openings and if such opening protections
728      complied with the Florida Building Code at the time they were
729      installed.
730              b.      Any major structure, as defined in s. 161.54(6)(a),
731      that is newly constructed, or rebuilt, repaired, restored, or
732      remodeled to increase the total square footage of finished area
733      by more than 25 percent, pursuant to a permit applied for after
734      July 1, 2015, is not eligible for coverage by the corporation if
735      the structure is seaward of the coastal construction control
736      line established pursuant to s. 161.053 or is within the Coastal
737      Barrier Resources System as designated by 16 U.S.C. ss. 3501 -
738      3510.
739              6.      With respect to wind-only coverage for commercial lines
740      residential condominiums, effective July 1, 2014, a condominium
741      shall be deemed ineligible for coverage if 50 percent or more of
742      the units are rented more than eight times in a calendar year
743      for a rental agreement period of less than 30 days.
744              (b)1.       All insurers authorized to write one or more subject
745      lines of business in this state are subject to assessment by the
746      corporation and, for the purposes of this subsection, are
747      referred to collectively as "assessable insurers." Insurers
748      writing one or more subject lines of business in this state
749      pursuant to part VIII of chapter 626 are not assessable
750      insurers; however, insureds who procure one or more subject

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         PCS for HB 1503                            ORIGINAL                                                  2024




751      lines of business in this state pursuant to part VIII of chapter
752      626 are subject to assessment by the corporation and are
753      referred to collectively as "assessable insureds." An insurer's
754      assessment liability begins on the first day of the calendar
755      year following the year in which the insurer was issu ed a
756      certificate of authority to transact insurance for subject lines
757      of business in this state and terminates 1 year after the end of
758      the first calendar year during which the insurer no longer holds
759      a certificate of authority to transact insurance for sub ject
760      lines of business in this state.
761              2.a.        All revenues, assets, liabilities, losses, and
762      expenses of the corporation shall be maintained in the Citizens
763      account. The Citizens account may provide divided into three
764      separate accounts as follows:
765              a.(I)        A personal lines account for Personal residential
766      policies that provide issued by the corporation which provides
767      comprehensive, multiperil coverage on risks that are not located
768      in areas eligible for coverage by the Florida Windstorm
769      Underwriting Association as those areas were defined on January
770      1, 2002, and for policies that do not provide coverage for the
771      peril of wind on risks that are located in such areas;
772              b.(II)       A commercial lines account for Commercial
773      residential and commercial nonresidential policies that provide
774      issued by the corporation which provides coverage for basic
775      property perils on risks that are not located in areas eligible

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         PCS for HB 1503                            ORIGINAL                                                  2024




776      for coverage by the Florida Windstorm Underwriting Association
777      as those areas were defined on January 1, 2002, and for policies
778      that do not provide coverage for the peril of wind on risks that
779      are located in such areas; and
780              c.(III)       A Coastal account for Personal residential
781      policies and commercial residential and commercial
782      nonresidential property policies that provide issued by the
783      corporation which provides coverage for the peril of wind on
784      risks that are located in areas eligible for coverage by the
785      Florida Windstorm Underwriting Association, as those areas were
786      defined on January 1, 2002. The corporation may offer policies
787      that provide multiperil coverage and shall offer policies that
788      provide coverage only for the peril of wind for risks located in
789      areas eligible for coverage by the Florida Windstorm
790      Underwriting Association, as those areas were defined on January
791      1, 2002 in the coastal account. Effective July 1, 2014, The
792      corporation may not offer shall cease offering new commercial
793      residential policies providing multiperil coverage but and shall
794      instead continue to offer commercial residential wind-only
795      policies, and may offer commercial residential policies
796      excluding wind. However, the corporation may, however, continue
797      to renew a commercial residential multiperil policy on a
798      building that was is insured by the corporation on June 30,
799      2014, under a multiperil policy. In issuing multiperil coverage
800      under this sub-subparagraph, the corporation may use its

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         PCS for HB 1503                            ORIGINAL                                                  2024




801      approved policy forms and rates for risks located in areas not
802      eligible for coverage by the Florida Windstorm Underwriting
803      Association, as those areas were defined on January 1, 2002, and
804      for policies that do not provide coverage for the peril of wind
805      on risks that are located in such areas the personal lines
806      account. An applicant or insured who is eligible to purchase a
807      multiperil policy from the corporation may purchase a multiperil
808      policy from an authorized insurer without prejudice to the
809      applicant's or insured's eligibility to prospectively purchase a
810      policy that provides coverage only for the peril of wind from
811      the corporation. An applicant or insured who is eligible for a
812      corporation policy that provides coverage only for the peril of
813      wind may elect to purchase or retain such policy and also
814      purchase or retain coverage excluding wind from an authorize d
815      insurer without prejudice to the applicant's or insured's
816      eligibility to prospectively purchase a policy that provides
817      multiperil coverage from the corporation. The following
818      policies, which provide coverage only for the peril of wind,
819      must also include quota share primary insurance under
820      subparagraph (c)2.:
821              (I)         Personal residential policies and commercial
822      residential and commercial nonresidential property policies that
823      provide coverage for the peril of wind on risks that are located
824      in areas eligible for coverage by the Florida Windstorm
825      Underwriting Association, as those areas were defined on January

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         PCS for HB 1503                            ORIGINAL                                                  2024




826      1, 2002;
827              (II)        Policies that provide multiperil coverage, if offered
828      by the corporation, and policies that provide coverage only for
829      the peril of wind for risks located in areas eligible for
830      coverage by the Florida Windstorm Underwriting Association, as
831      those areas were defined on January 1, 2002;
832              (III)        Commercial residential wind-only policies;
833              (IV)        Commercial residential policies excluding wind, if
834      offered by the corporation; and
835              (V)         Commercial residential multiperil policies on a
836      building that was insured by the corporation on June 30, 2014 It
837      is the goal of the Legislature that there be an overall average
838      savings of 10 percent or more for a policyholder who currently
839      has a wind-only policy with the corporation, and an ex-wind
840      policy with a voluntary insurer or the corporation, and who
841      obtains a multiperil policy from the corporation. It is the
842      intent of the Legislature that the offer of multiperil coverage
843      in the coastal account be made and implemented in a manner that
844      does not adversely affect the tax-exempt status of the
845      corporation or creditworthiness of or security for currently
846      outstanding financing obligations or credit facilities of the
847      coastal account, the personal lines account, or the commer cial
848      lines account. The coastal account must also include quota share
849      primary insurance under subparagraph (c)2.
850

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         PCS for HB 1503                            ORIGINAL                                                  2024




851      The area eligible for coverage with the corporation under this
852      sub-subparagraph under the coastal account also includes the
853      area within Port Canaveral, which is bordered on the south by
854      the City of Cape Canaveral, bordered on the west by the Banana
855      River, and bordered on the north by Federal Government property.
856              3.      With respect to a deficit in the Citizens account:
857              a.      Upon a determination by the board of governors that the
858      Citizens account has a projected deficit, the board shall levy a
859      Citizens policyholder surcharge against all policyholders of the
860      corporation.
861              (I)         The surcharge shall be levied as a uniform percentage
862      of the premium for the policy of up to 15 percent of such
863      premium, which funds shall be used to offset the deficit.
864              (II)        The surcharge is payable upon cancellation or
865      termination of the policy, upon renewal of the policy, or upon
866      issuance of a new policy by the corporation within the first 12
867      months after the date of the levy or the period of time
868      necessary to fully collect the surcharge amount.
869              (III)        The surcharge is not considered premium and is not
870      subject to commissions, fees, or premium taxes. However, failure
871      to pay the surcharge shall be treated as failure to pay premium.
872              b.      The three separate accounts must be maintained as long
873      as financing obligations entered into by the Florida Windstorm
874      Underwriting Association or Residential Property and Casualty
875      Joint Underwriting Association are outstanding, in accordance

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         PCS for HB 1503                            ORIGINAL                                                  2024




876      with the terms of the corresponding financing documents. If no
877      such financing obligations remain outstanding or if the
878      financing documents allow for combining of accounts, the
879      corporation may consolidate the three separate accounts into a
880      new account, to be known as the Citizens account, for all
881      revenues, assets, liabilities, losses, and expenses of the
882      corporation. The Citizens account, if established by the
883      corporation, is authorized to provide coverage to the same
884      extent as provided under each of the three separate accounts.
885      The authority to provide coverage under the Citizens account is
886      set forth in subparagraph 4. Consistent with this subparagraph
887      and prudent investment policies that minimize the cost of
888      carrying debt, the board shall exercise its best efforts to
889      retire existing debt or obtain the approval of necessary parties
890      to amend the terms of existing debt, so as to structure the most
891      efficient plan for consolidating the three separate accounts
892      into a single account. Once the accounts are combined into one
893      account, this subparagraph and subparagraph 3. shall be replaced
894      in their entirety by subparagraphs 4. and 5.
895              c.      Creditors of the Residential Property and Casualty
896      Joint Underwriting Association and the accounts specified in
897      sub-sub-subparagraphs a.(I) and (II) may have a claim against,
898      and recourse to, those accounts and no claim against, or
899      recourse to, the account referred to in sub-sub-subparagraph
900      a.(III). Creditors of the Florida Windstorm Underwriting

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         PCS for HB 1503                            ORIGINAL                                                  2024




901      Association have a claim against, and recourse to, the account
902      referred to in sub-sub-subparagraph a.(III) and no claim
903      against, or recourse to, the accounts referred to in sub -sub-
904      subparagraphs a.(I) and (II).
905              d.      Revenues, assets, liabilities, losses, and expenses not
906      attributable to particular accounts shall be prorated among the
907      accounts.
908              e.      The Legislature finds that the revenues of the
909      corporation are revenues that are necessary to meet the
910      requirements set forth in documents authorizing the issuance of
911      bonds under this subsection.
912              f.      The income of the corporation may not inure to the
913      benefit of any private person.
914              3.      With respect to a deficit in an account:
915              a.      After accounting for the Citizens policyholder
916      surcharge imposed under sub-subparagraph j., if the remaining
917      projected deficit incurred in the coastal account in a
918      particular calendar year:
919              (I)         Is not greater than 2 percent of the aggregate
920      statewide direct written premium for the subject lines of
921      business for the prior calendar year, the entire deficit shall
922      be recovered through regular assessments of assessable insurers
923      under paragraph (q) and assessable insureds.
924              (II)        Exceeds 2 percent of the aggregate statewide direct
925      written premium for the subject lines of business f or the prior

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         PCS for HB 1503                            ORIGINAL                                                  2024




926      calendar year, the corporation shall levy regular assessments on
927      assessable insurers under paragraph (q) and on assessable
928      insureds in an amount equal to the greater of 2 percent of the
929      projected deficit or 2 percent of the aggregate statewide direct
930      written premium for the subject lines of business for the prior
931      calendar year. Any remaining projected deficit shall be
932      recovered through emergency assessments under sub-subparagraph
933      e.
934               b.      Each assessable insurer's share of the amount being
935      assessed under sub-subparagraph a. must be in the proportion
936      that the assessable insurer's direct written premium for the
937      subject lines of business for the year preceding the assessment
938      bears to the aggregate statewide direct written premium for the
939      subject lines of business for that year. The assessment
940      percentage applicable to each assessable insured is the ratio of
941      the amount being assessed under sub-subparagraph a. to the
942      aggregate statewide direct written premium for the subject lines
943      of business for the prior year. Assessments levied by the
944      corporation on assessable insurers under sub-subparagraph a.
945      must be paid as required by the corporation's plan of operation
946      and paragraph (q). Assessments levied by the corporation on
947      assessable insureds under sub-subparagraph a. shall be collected
948      by the surplus lines agent at the time the surplus lines agent
949      collects the surplus lines tax required by s. 626.932, and paid
950      to the Florida Surplus Lines Service Office at the time the

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         PCS for HB 1503                            ORIGINAL                                                  2024




951      surplus lines agent pays the surplus lines tax to that office.
952      Upon receipt of regular assessments from surplus lines agents,
953      the Florida Surplus Lines Service Office shall transfer the
954      assessments directly to the corporation as determined by the
955      corporation.
956              c.      The corporation may not levy regular assessments under
957      paragraph (q) pursuant to sub-subparagraph a. or sub-
958      subparagraph b. if the three separate accounts in sub -sub-
959      subparagraphs 2.a.(I)-(III) have been consolidated into the
960      Citizens account pursuant to sub-subparagraph 2.b. However, the
961      outstanding balance of any regular assessment levied by the
962      corporation before establishment of the Citizens account remains
963      payable to the corporation.
964              b.d.        After accounting for the Citizens policyholder
965      surcharge imposed under sub-subparagraph a. j., the remaining
966      projected deficits in the Citizens personal lines account and in
967      the commercial lines account in a particular calendar year shall
968      be recovered through emergency assessments under sub-
969      subparagraph c. e.
970              c.e.        Upon a determination by the board of governors that a
971      projected deficit in the Citizens an account exceeds the amount
972      that is expected to be recovered through surcharges regular
973      assessments under sub-subparagraph a., plus the amount that is
974      expected to be recovered through surcharges under sub-
975      subparagraph j., the board, after verification by the office,

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          PCS for HB 1503                            ORIGINAL                                                  2024




 976      shall levy emergency assessments for as many years as necessary
 977      to cover the deficits, to be collected by assessable insurers
 978      and the corporation and collected from assessable insureds upon
 979      issuance or renewal of policies for subject lines of business,
 980      excluding National Flood Insurance Program policies. The amount
 981      collected in a particular year must be a uniform percentage of
 982      that year's direct written premium for subject lines of business
 983      and the Citizens account all accounts of the corporation,
 984      excluding National Flood Insurance Program policy premiums, as
 985      annually determined by the board and verified by the office. The
 986      office shall verify the arithmetic calculations involved in the
 987      board's determination within 30 days after receipt of the
 988      information on which the determination was based. The office
 989      shall notify assessable insurers and the Florida Surplus Lines
 990      Service Office of the date on which assessable insurers shall
 991      begin to collect and assessable insureds shall begin to pay such
 992      assessment. The date must be at least 90 days after the date the
 993      corporation levies emergency assessments pursuant to this sub -
 994      subparagraph. Notwithstanding any other provision of law, the
 995      corporation and each assessable insurer that writes subject
 996      lines of business shall collect emergency assessments from its
 997      policyholders without such obligation being affected by any
 998      credit, limitation, exemption, or deferment. Emergency
 999      assessments levied by the corporation on assessable insureds
1000      shall be collected by the surplus lines agent at the time the

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          PCS for HB 1503                            ORIGINAL                                                  2024




1001      surplus lines agent collects the surplus lines tax required by
1002      s. 626.932 and paid to the Florida Surplus Lines Service Office
1003      at the time the surplus lines agent pays the surplus lines tax
1004      to that office. The emergency assessments collected shall be
1005      transferred directly to the corporation on a periodic basis as
1006      determined by the corporation and held by the corporation solely
1007      in the Citizens applicable account. The aggregate amount of
1008      emergency assessments levied for the Citizens an account in any
1009      calendar year may be less than but may not exceed the greater of
1010      10 percent of the amount needed to cover the deficit, plus
1011      interest, fees, commissions, required reserves, and other costs
1012      associated with financing the original deficit, or 10 percent of
1013      the aggregate statewide direct written premium for subject lines
1014      of business and the Citizens account all accounts of the
1015      corporation for the prior year, plus interest, fees,
1016      commissions, required reserves, and other costs associated with
1017      financing the deficit.
1018              d.f.        The corporation may pledge the proceeds of
1019      assessments, projected recoveries from the Florida Hurricane
1020      Catastrophe Fund, other insurance and reinsurance recoverables,
1021      policyholder surcharges and other surcharges, and other funds
1022      available to the corporation as the source of revenue for and to
1023      secure bonds issued under paragraph (q), bonds or other
1024      indebtedness issued under subparagraph (c)3., or lines of credit
1025      or other financing mechanisms issued or created under this

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          PCS for HB 1503                            ORIGINAL                                                  2024




1026      subsection, or to retire any other debt incurred as a result of
1027      deficits or events giving rise to deficits, or in any other way
1028      that the board determines will efficiently recover such
1029      deficits. The purpose of the lines of credit or other financing
1030      mechanisms is to provide additional resources to assist the
1031      corporation in covering claims and expenses attributable to a
1032      catastrophe. As used in this subsection, the term "assessments"
1033      includes emergency regular assessments under sub-subparagraph c.
1034      a. or subparagraph (q)1. and emergency assessments under sub -
1035      subparagraph e. Emergency assessments collected under sub-
1036      subparagraph c. e. are not part of an insurer's rates, are not
1037      premium, and are not subject to premium tax, fees, or
1038      commissions; however, failure to pay the emergency assessment
1039      shall be treated as failure to pay premium. The emergency
1040      assessments shall continue as long as any bonds issued or other
1041      indebtedness incurred with respect to a deficit for which the
1042      assessment was imposed remain outstanding, unless adequate
1043      provision has been made for the payment of such bonds or other
1044      indebtedness pursuant to the documents governing such bonds or
1045      indebtedness.
1046              e.g.        As used in this subsection and for purposes of any
1047      deficit incurred on or after January 25, 2007, the term "subject
1048      lines of business" means insurance written by assessable
1049      insurers or procured by assessable insureds for all property and
1050      casualty lines of business in this state, but not including

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          PCS for HB 1503                            ORIGINAL                                                  2024




1051      workers' compensation or medical malpractice. As used in this
1052      sub-subparagraph, the term "property and casualty lines of
1053      business" includes all lines of business identified on Form 2,
1054      Exhibit of Premiums and Losses, in the annual statement required
1055      of authorized insurers under s. 624.424 and any rule adopted
1056      under this section, except for those lines identified as
1057      accident and health insurance and except for policies written
1058      under the National Flood Insurance Program or the Federal Crop
1059      Insurance Program. For purposes of this sub-subparagraph, the
1060      term "workers' compensation" includes both workers' compensation
1061      insurance and excess workers' compensation insurance.
1062              f.h.        The Florida Surplus Lines Service Office shall
1063      annually determine annually the aggregate statewide written
1064      premium in subject lines of business procured by assessable
1065      insureds and report that information to the corporation in a
1066      form and at a time the corporation specifies to ensure that the
1067      corporation can meet the requirements of this subsection and the
1068      corporation's financing obligations.
1069              g.i.        The Florida Surplus Lines Service Office shall verify
1070      the proper application by surplus lines agents of assessment
1071      percentages for regular assessments and emergency assessments
1072      levied under this subparagraph on assessable insureds and assist
1073      the corporation in ensuring the accurate, timely collection and
1074      payment of assessments by surplus lines agents as required by
1075      the corporation.

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          PCS for HB 1503                            ORIGINAL                                                  2024




1076              j.      Upon determination by the board of governors that an
1077      account has a projected deficit, the board shall levy a Citizens
1078      policyholder surcharge against all policyholders of the
1079      corporation.
1080              (I)         The surcharge shall be levied as a uniform percentage
1081      of the premium for the policy of up to 15 percent of such
1082      premium, which funds shall be used to offset the deficit.
1083              (II)        The surcharge is payable upon cancellation or
1084      termination of the policy, upon renewal of the policy, or upon
1085      issuance of a new policy by the corporation within the first 12
1086      months after the date of the levy or the period of time
1087      necessary to fully collect the surcharge amount.
1088              (III)        The corporation may not levy any regular assessments
1089      under paragraph (q) pursuant to sub-subparagraph a. or sub-
1090      subparagraph b. with respect to a particular year's deficit
1091      until the corporation has first levied the full amount of the
1092      surcharge authorized by this sub-subparagraph.
1093              (IV)        The surcharge is not considered premium and is not
1094      subject to commissions, fees, or premium taxes. However, fai lure
1095      to pay the surcharge shall be treated as failure to pay premium.
1096              h.k.        If the amount of any assessments or surcharges
1097      collected from corporation policyholders, assessable insurers or
1098      their policyholders, or assessable insureds exceeds the amount
1099      of the deficits, such excess amounts shall be remitted to and
1100      retained by the corporation in a reserve to be used by the

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          PCS for HB 1503                            ORIGINAL                                                  2024




1101      corporation, as determined by the board of governors and
1102      approved by the office, to pay claims or reduce any past,
1103      present, or future plan-year deficits or to reduce outstanding
1104      debt.
1105              4.      The Citizens account, if established by the corporation
1106      pursuant to sub-subparagraph 2.b., is authorized to provide:
1107              a.      Personal residential policies that provide
1108      comprehensive, multiperil coverage on risks that are not located
1109      in areas eligible for coverage by the Florida Windstorm
1110      Underwriting Association, as those areas were defined on January
1111      1, 2002, and for policies that do not provide coverage for the
1112      peril of wind on risks that are located in such areas;
1113              b.      Commercial residential and commercial nonresidential
1114      policies that provide coverage for basic property perils on
1115      risks that are not located in areas eligible for coverage by the
1116      Florida Windstorm Underwriting Association, as those areas were
1117      defined on January 1, 2002, and for policies that do not provide
1118      coverage for the peril of wind on risks that are located in such
1119      areas; and
1120              c.      Personal residential policies and commercial
1121      residential and commercial nonresidential property policies that
1122      provide coverage for the peril of wind on risks that are located
1123      in areas eligible for coverage by the Florida Windstorm
1124      Underwriting Association, as those areas were defined on January
1125      1, 2002. The corporation may offer policies that provide

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          PCS for HB 1503                            ORIGINAL                                                  2024




1126      multiperil coverage and shall offer policies that provide
1127      coverage only for the peril of wind for risks located in areas
1128      eligible for coverage by the Florida Windstorm Underwriting
1129      Association, as those areas were defined on January 1, 2002. The
1130      corporation may not offer new commercial residential policies
1131      providing multiperil coverage, but shall continue to offer
1132      commercial residential wind-only policies, and may offer
1133      commercial residential policies excluding wind. However, the
1134      corporation may continue to renew a commercial residential
1135      multiperil policy on a building that was insured by the
1136      corporation on June 30, 2014, under a multiperil policy. In
1137      issuing multiperil coverage under this sub-subparagraph, the
1138      corporation may use its approved policy forms and rates for
1139      risks located in areas not eligible for coverage by the Florida
1140      Windstorm Underwriting Association as those areas were defined
1141      on January 1, 2002, and for policies that do not provide
1142      coverage for the peril of wind on risks that are located in such
1143      areas. An applicant or insured who is eligible to purchase a
1144      multiperil policy from the corporation may purchase a multiperil
1145      policy from an authorized insurer without prejudice to the
1146      applicant's or insured's eligibility to prospectively purchase a
1147      policy that provides coverage only for the peril of wind from
1148      the corporation. An applicant or insured who is eligible for a
1149      corporation policy that provides coverage only for the peril of
1150      wind may elect to purchase or retain such policy and also

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1151      purchase or retain coverage excluding wind from an authorized
1152      insurer without prejudice to the applicant's or insured's
1153      eligibility to prospectively purchase a policy that provides
1154      multiperil coverage from the corporation. The following
1155      policies, which provide coverage only for the peril of wind,
1156      must also include quota share primary insurance under
1157      subparagraph (c)2.: Personal residential policies and commercial
1158      residential and commercial nonresidential property policies that
1159      provide coverage for the peril of wind on risks that are located
1160      in areas eligible for coverage by the Florida Windstorm
1161      Underwriting Association, as those areas were defined on January
1162      1, 2002; policies that provide multiperil coverage, if offered
1163      by the corporation, and policies that provide coverage only f or
1164      the peril of wind for risks located in areas eligible for
1165      coverage by the Florida Windstorm Underwriting Association, as
1166      those areas were defined on January 1, 2002; commercial
1167      residential wind-only policies; commercial residential policies
1168      excluding wind, if offered by the corporation; and commercial
1169      residential multiperil policies on a building that was insured
1170      by the corporation on June 30, 2014. The area eligible for
1171      coverage with the corporation under this sub-subparagraph
1172      includes the area within Port Canaveral, which is bordered on
1173      the south by the City of Cape Canaveral, bordered on the west by
1174      the Banana River, and bordered on the north by Federal
1175      Government property.

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1176              5.      With respect to a deficit in the Citizens account:
1177              a.      Upon a determination by the board of governors that the
1178      Citizens account has a projected deficit, the board shall levy a
1179      Citizens policyholder surcharge against all policyholders of the
1180      corporation.
1181              (I)         The surcharge shall be levied as a uniform percentage
1182      of the premium for the policy of up to 15 percent of such
1183      premium, which funds shall be used to offset the deficit.
1184              (II)        The surcharge is payable upon cancellation or
1185      termination of the policy, upon renewal of the policy, or upon
1186      issuance of a new policy by the corporation within the first 12
1187      months after the date of the levy or the period of time
1188      necessary to fully collect the surcharge amount.
1189              (III)        The surcharge is not considered premium and is not
1190      subject to commissions, fees, or premium taxes. However, failure
1191      to pay the surcharge shall be treated as failure to pay premium.
1192              b.      After accounting for the Citizens policyholder
1193      surcharge imposed under sub-subparagraph a., the remaining
1194      projected deficit incurred in the Citizens account in a
1195      particular calendar year shall be recovered through emergency
1196      assessments under sub-subparagraph c.
1197              c.      Upon a determination by the board of governors that a
1198      projected deficit in the Citizens account exceeds the amount
1199      that is expected to be recovered through surcharges under sub-
1200      subparagraph a., the board, after verification by the office,

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1201      shall levy emergency assessments for as many years as necessary
1202      to cover the deficits, to be collected by assessable insurers
1203      and the corporation and collected from assessable insureds upon
1204      issuance or renewal of policies for subject lines of business,
1205      excluding National Flood Insurance Program policies. The amount
1206      collected in a particular year must be a uniform percentage of
1207      that year's direct written premium for subject lines of business
1208      and the Citizens account, National Flood Insurance Program
1209      policy premiums, as annually determined by the board and
1210      verified by the office. The office shall verify the arithmetic
1211      calculations involved in the board's determination within 30
1212      days after receipt of the information on which the determination
1213      was based. The office shall notify assessable insurers and the
1214      Florida Surplus Lines Service Office of the date on which
1215      assessable insurers shall begin to collect and assessable
1216      insureds shall begin to pay such assessment. The date must be at
1217      least 90 days after the date the corporation levies emergency
1218      assessments pursuant to this sub-subparagraph. Notwithstanding
1219      any other law, the corporation and each assessable insurer that
1220      writes subject lines of business shall collect emergency
1221      assessments from its policyholders without such obligation being
1222      affected by any credit, limitation, exemption, or deferment.
1223      Emergency assessments levied by the corporation on assessable
1224      insureds shall be collected by the surplus lines agent at the
1225      time the surplus lines agent collects the surplus lines tax

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1226      required by s. 626.932 and paid to the Florida Surplus Lines
1227      Service Office at the time the surplus lines agent pays the
1228      surplus lines tax to that office. The emergency assessments
1229      collected shall be transferred directly to the corporation on a
1230      periodic basis as determined by the corporation and held by the
1231      corporation solely in the Citizens account. The aggregate amount
1232      of emergency assessments levied for the Citizens ac count in any
1233      calendar year may be less than, but may not exceed the greater
1234      of, 10 percent of the amount needed to cover the deficit, plus
1235      interest, fees, commissions, required reserves, and other costs
1236      associated with financing the original deficit or 10 percent of
1237      the aggregate statewide direct written premium for subject lines
1238      of business and the Citizens accounts for the prior year, plus
1239      interest, fees, commissions, required reserves, and other costs
1240      associated with financing the deficit.
1241              d.      The corporation may pledge the proceeds of assessments,
1242      projected recoveries from the Florida Hurricane Catastrophe
1243      Fund, other insurance and reinsurance recoverables, policyholder
1244      surcharges and other surcharges, and other funds available to
1245      the corporation as the source of revenue for and to secure bonds
1246      issued under paragraph (q), bonds or other indebtedness issued
1247      under subparagraph (c)3., or lines of credit or other financing
1248      mechanisms issued or created under this subsection; or to retire
1249      any other debt incurred as a result of deficits or events giving
1250      rise to deficits, or in any other way that the board determines

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1251      will efficiently recover such deficits. The purpose of the lines
1252      of credit or other financing mechanisms is to provide additional
1253      resources to assist the corporation in covering claims and
1254      expenses attributable to a catastrophe. As used in this
1255      subsection, the term "assessments" includes emergency
1256      assessments under sub-subparagraph c. Emergency assessments
1257      collected under sub-subparagraph c. are not part of an insurer's
1258      rates, are not premium, and are not subject to premium tax,
1259      fees, or commissions; however, failure to pay the emergency
1260      assessment shall be treated as failure to pay premium. The
1261      emergency assessments shall continue as long as any bonds issued
1262      or other indebtedness incurred with respect to a deficit for
1263      which the assessment was imposed remain outstanding, unless
1264      adequate provision has been made for the payment of such bonds
1265      or other indebtedness pursuant to the documents governing such
1266      bonds or indebtedness.
1267              e.      As used in this subsection and for purposes of any
1268      deficit incurred on or after January 25, 2007, the term "subject
1269      lines of business" means insurance written by assessable
1270      insurers or procured by assessable insureds for all prop erty and
1271      casualty lines of business in this state, but not including
1272      workers' compensation or medical malpractice. As used in this
1273      sub-subparagraph, the term "property and casualty lines of
1274      business" includes all lines of business identified on Form 2,
1275      Exhibit of Premiums and Losses, in the annual statement required

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1276      of authorized insurers under s. 624.424 and any rule adopted
1277      under this section, except for those lines identified as
1278      accident and health insurance and except for policies written
1279      under the National Flood Insurance Program or the Federal Crop
1280      Insurance Program. For purposes of this sub-subparagraph, the
1281      term "workers' compensation" includes both workers' compensation
1282      insurance and excess workers' compensation insurance.
1283              f.      The Florida Surplus Lines Service Office shall annually
1284      determine the aggregate statewide written premium in subject
1285      lines of business procured by assessable insureds and report
1286      that information to the corporation in a form and at a time the
1287      corporation specifies to ensure that the corporation can meet
1288      the requirements of this subsection and the corporation's
1289      financing obligations.
1290              g.      The Florida Surplus Lines Service Office shall verify
1291      the proper application by surplus lines agents of assessment
1292      percentages for emergency assessments levied under this
1293      subparagraph on assessable insureds and assist the corporation
1294      in ensuring the accurate, timely collection and payment of
1295      assessments by surplus lines agents as required by the
1296      corporation.
1297              h.      If the amount of any assessments or surcharges
1298      collected from corporation policyholders, assessable insurers or
1299      their policyholders, or assessable insureds exceeds the amount
1300      of the deficits, such excess amounts shall be remitted to and

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1301      retained by the corporation in a reserve to be used by the
1302      corporation, as determined by the board of governors and
1303      approved by the office, to pay claims or reduce any past,
1304      present, or future plan-year deficits or to reduce outstanding
1305      debt.
1306              (c)         The corporation's plan of operation:
1307              1.      Must provide for adoption of residential property and
1308      casualty insurance policy forms and commercial residential and
1309      nonresidential property insurance forms, which must be approved
1310      by the office before use. The corporation shall adopt the
1311      following policy forms:
1312              a.      Standard personal lines policy forms that are
1313      comprehensive multiperil policies providing full coverage of a
1314      residential property equivalent to the coverage provided in the
1315      private insurance market under an HO-3, HO-4, or HO-6 policy.
1316              b.      Basic personal lines policy forms that are policies
1317      similar to an HO-8 policy or a dwelling fire policy that provide
1318      coverage meeting the requirements of the secondary mortgage
1319      market, but which is more limited than the coverage under a
1320      standard policy.
1321              c.      Commercial lines residential and nonresidential policy
1322      forms that are generally similar to the basic perils of full
1323      coverage obtainable for commercial residential structures and
1324      commercial nonresidential structures in the admitted voluntary
1325      market.

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1326              d.      Personal lines and commercial lines residential
1327      property insurance forms that cover the peril of wind only. The
1328      forms are applicable only to residential properties located in
1329      areas eligible for coverage by the Florida Windstorm
1330      Underwriting Association, as those areas were defined on January
1331      1, 2002.
1332              e.      Commercial lines nonresidential property insurance
1333      forms that cover the peril of wind only. The forms are
1334      applicable only to nonresidential properties located in areas
1335      eligible for coverage by the Florida Windstorm Underwriting
1336      Association, as those areas were defined on January 1, 2002.
1337              f.      The corporation may adopt variations of the policy
1338      forms listed in sub-subparagraphs a.-e. which contain more
1339      restrictive coverage.
1340              g.      The corporation shall offer a basic personal lines
1341      policy similar to an HO-8 policy with dwelling repair based on
1342      common construction materials and methods.
1343              2.      Must provide that the corporation adopt a program in
1344      which the corporation and authorized insurers enter into quota
1345      share primary insurance agreements for hurricane coverage, as
1346      defined in s. 627.4025(2)(a), for eligible risks, and adopt
1347      property insurance forms for eligible risks which cover the
1348      peril of wind only.
1349              a.      As used in this subsection, the term:
1350              (I)         "Approved rate" means:

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1351              (A)         With respect to an authorized insurer that holds a
1352      certificate of authority, such insurer's filed and approved
1353      rate.
1354              (B)         With respect to an authorized insurer that is an
1355      eligible surplus lines insurer, the rate approved by the office
1356      as part of such insurer's take-out plan.
1357              (II)        "Authorized insurer" means:
1358              (A)         An insurer holding a certificate of authority; or
1359              (B)         An eligible surplus lines insurer that is rated "A -"
1360      or higher by A.M. Best Company and whose Florida personal lines
1361      residential risk or commercial lines residential risk program is
1362      managed by a Florida resident surplus lines broker.
1363              (IV)        "Primary residence" means the dwelling that is the
1364      policyholder's primary home or is a rental property that is the
1365      primary home of the tenant, and which the policyholder or tenant
1366      occupies for more than 9 months of each year.
1367              (V)(I)        "Quota share primary insurance" means an
1368      arrangement in which the primary hurricane coverage of an
1369      eligible risk is provided in specified percentages by the
1370      corporation and an authorized insurer. The corporation and
1371      authorized insurer are each solely responsible for a specified
1372      percentage of hurricane coverage of an eligible risk as set
1373      forth in a quota share primary insurance agreement between the
1374      corporation and an authorized insurer and the insurance
1375      contract. The responsibility of the corporation or authorized

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1376      insurer to pay its specified percentage of hurricane losses of
1377      an eligible risk, as set forth in the agreement, may not be
1378      altered by the inability of the other party to pay its specified
1379      percentage of losses. Eligible risks that are provided hurricane
1380      coverage through a quota share primary insurance arrangement
1381      must be provided policy forms that set forth the obligations of
1382      the corporation and authorized insurer under the arrangement,
1383      clearly specify the percentages of quota share primary insurance
1384      provided by the corporation and authorized insurer, and
1385      conspicuously and clearly state that the authorized insurer and
1386      the corporation may not be held responsible beyond th eir
1387      specified percentage of coverage of hurricane losses.
1388              (III)(II)         "Eligible risks" means personal lines
1389      residential and commercial lines residential risks that meet the
1390      underwriting criteria of the corporation and are located in
1391      areas that were eligible for coverage by the Florida Windstorm
1392      Underwriting Association on January 1, 2002.
1393              b.      The corporation may enter into quota share primary
1394      insurance agreements with authorized insurers at corporation
1395      coverage levels of 90 percent and 50 percent.
1396              c.      If the corporation determines that additional coverage
1397      levels are necessary to maximize participation in quota share
1398      primary insurance agreements by authorized insurers, the
1399      corporation may establish additional coverage levels. However,
1400      the corporation's quota share primary insurance coverage level

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1401      may not exceed 90 percent.
1402              d.      Any quota share primary insurance agreement entered
1403      into between an authorized insurer and the corporation must
1404      provide for a uniform specified percentage of coverage of
1405      hurricane losses, by county or territory as set forth by the
1406      corporation board, for all eligible risks of the authorized
1407      insurer covered under the agreement.
1408              e.      Any quota share primary insurance agreement entered
1409      into between an authorized insurer and the corporation is
1410      subject to review and approval by the office. However, such
1411      agreement shall be authorized only as to insurance contracts
1412      entered into between an authorized insurer and an insured who is
1413      already insured by the corporation for wind coverage.
1414              f.      For all eligible risks covered under quota share
1415      primary insurance agreements, the exposure and coverage levels
1416      for both the corporation and authorized insurers shall be
1417      reported by the corporation to the Florida Hurricane Catastrophe
1418      Fund. For all policies of eligible risks covered under such
1419      agreements, the corporation and the authorized insurer must
1420      maintain complete and accurate records for the purpose of
1421      exposure and loss reimbursement audits as required by fund
1422      rules. The corporation and the authorized insurer shall each
1423      maintain duplicate copies of policy declaration pages and
1424      supporting claims documents.
1425              g.      The corporation board shall establish in its plan of

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1426      operation standards for quota share agreements which ensure that
1427      there is no discriminatory application among insurers as to the
1428      terms of the agreements, pricing of the agreements, incentive
1429      provisions if any, and consideration paid for servicing policies
1430      or adjusting claims.
1431              h.      The quota share primary insurance agreement between the
1432      corporation and an authorized insurer must set forth the
1433      specific terms under which coverage is provided, including, but
1434      not limited to, the sale and servicing of policies issued under
1435      the agreement by the insurance agent of the authorized insurer
1436      producing the business, the reporting of information concerning
1437      eligible risks, the payment of premium to the corporation, and
1438      arrangements for the adjustment and payment of hurricane claims
1439      incurred on eligible risks by the claims adjuster and personnel
1440      of the authorized insurer. Entering into a quota sharing
1441      insurance agreement between the corporation and an authorized
1442      insurer is voluntary and at the discretion of the authorized
1443      insurer.
1444              3.      May provide that the corporation may employ or
1445      otherwise contract with individuals or other entities to provide
1446      administrative or professional services that may be appropriate
1447      to effectuate the plan. The corporation may borrow funds by
1448      issuing bonds or by incurring other indebtedness, and shall have
1449      other powers reasonably necessary to effectuate the requirements
1450      of this subsection, including, without limitation, the power to

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1451      issue bonds and incur other indebtedness in order to refinance
1452      outstanding bonds or other indebtedness. The corporation may
1453      seek judicial validation of its bonds or other indebtedness
1454      under chapter 75. The corporation may issue bonds or incur other
1455      indebtedness, or have bonds issued on its behalf by a unit of
1456      local government pursuant to subparagraph (q)2. in the absence
1457      of a hurricane or other weather-related event, upon a
1458      determination by the corporation, subject to approval by the
1459      office, that such action would enable it to efficiently meet the
1460      financial obligations of the corporation and that such
1461      financings are reasonably necessary to effectuate the
1462      requirements of this subsection. The corporation may take all
1463      actions needed to facilitate tax-free status for such bonds or
1464      indebtedness, including formation of trusts or other affiliated
1465      entities. The corporation may pledge assessments, projected
1466      recoveries from the Florida Hurricane Catastrophe Fund, other
1467      reinsurance recoverables, policyholder surcharges and other
1468      surcharges, and other funds available to the corporation as
1469      security for bonds or other indebtedness. In recognition of s.
1470      10, Art. I of the State Constitution, prohibiting the impairment
1471      of obligations of contracts, it is the intent of the Legislature
1472      that no action be taken whose purpose is to impair any bond
1473      indenture or financing agreement or any revenue source committed
1474      by contract to such bond or other indebtedness.
1475              4.      Must require that the corporation operate subject to

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1476      the supervision and approval of a board of governors consisting
1477      of nine individuals who are residents of this state and who are
1478      from different geographical areas of the state, one of who m is
1479      appointed by the Governor and serves solely to advocate on
1480      behalf of the consumer. The appointment of a consumer
1481      representative by the Governor is deemed to be within the scope
1482      of the exemption provided in s. 112.313(7)(b) and is in addition
1483      to the appointments authorized under sub-subparagraph a.
1484              a.      The Governor, the Chief Financial Officer, the
1485      President of the Senate, and the Speaker of the House of
1486      Representatives shall each appoint two members of the board. At
1487      least one of the two members appointed by each appointing
1488      officer must have demonstrated expertise in insurance and be
1489      deemed to be within the scope of the exemption provided in s.
1490      112.313(7)(b). The Chief Financial Officer shall designate one
1491      of the appointees as chair. All board members serve at the
1492      pleasure of the appointing officer. All members of the board are
1493      subject to removal at will by the officers who appointed them.
1494      All board members, including the chair, must be appointed to
1495      serve for 3-year terms beginning annually on a date designated
1496      by the plan. However, for the first term beginning on or after
1497      July 1, 2009, each appointing officer shall appoint one member
1498      of the board for a 2-year term and one member for a 3-year term.
1499      A board vacancy shall be filled for the unexpired term by the
1500      appointing officer. The Chief Financial Officer shall appoint a

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1501      technical advisory group to provide information and advice to
1502      the board in connection with the board's duties under this
1503      subsection. The executive director and senior managers of the
1504      corporation shall be engaged by the board and serve at the
1505      pleasure of the board. Any executive director appointed on or
1506      after July 1, 2006, is subject to confirmation by the Senate.
1507      The executive director is responsible for employing other staff
1508      as the corporation may require, subject to review and
1509      concurrence by the board.
1510              b.      The board shall create a Market Accountability Advisory
1511      Committee to assist the corporation in developing awareness of
1512      its rates and its customer and agent service levels in
1513      relationship to the voluntary market insurers writing similar
1514      coverage.
1515              (I)         The members of the advisory committee consist of the
1516      following 11 persons, one of whom must be elected chair by the
1517      members of the committee: four representatives, one appointed by
1518      the Florida Association of Insurance Agents, one by the Florida
1519      Association of Insurance and Financial Advisors, one by the
1520      Professional Insurance Agents of Florida, and one by the Latin
1521      American Association of Insurance Agencies; three
1522      representatives appointed by the insurers with the three highest
1523      voluntary market share of residential property insurance
1524      business in the state; one representative from the Office of
1525      Insurance Regulation; one consumer appointed by the board who is

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1526      insured by the corporation at the time of appointment to the
1527      committee; one representative appointed by the Florida
1528      Association of Realtors; and one representative appointed by the
1529      Florida Bankers Association. All members shall be appointed to
1530      3-year terms and may serve for consecutive terms.
1531              (II)        The committee shall report to the corporation at each
1532      board meeting on insurance market issues which may include rates
1533      and rate competition with the voluntary market; service,
1534      including policy issuance, claims processing, and general
1535      responsiveness to policyholders, applicants, and agents; and
1536      matters relating to depopulation.
1537              5.      Must provide a procedure for determining the
1538      eligibility of a risk for coverage, as follows:
1539              a.      Subject to s. 627.3517, with respect to personal lines
1540      residential risks, if the risk is offered coverage from an
1541      authorized insurer at the insurer's approved rate under a
1542      standard policy including wind coverage or, if consistent with
1543      the insurer's underwriting rules as filed with the office, a
1544      basic policy including wind coverage, for a new application to
1545      the corporation for coverage, the risk is not eligible for any
1546      policy issued by the corporation unless the premium for coverage
1547      from the authorized insurer is more than 20 percent greater than
1548      the premium for comparable coverage from the corporation.
1549      Whenever an offer of coverage for a personal lines residential
1550      risk is received for a policyholder of the corporation at

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1551      renewal from an authorized insurer, if the offer is equal to or
1552      less than the corporation's renewal premium for comparable
1553      coverage, the risk is not eligible for coverage with the
1554      corporation for policies that renew before April 1, 2023; for
1555      policies that renew on or after that date, the risk is not
1556      eligible for coverage with the corporation unless the premium
1557      for coverage from the authorized insurer is more than 20 percent
1558      greater than the corporation's renewal premium for comparable
1559      coverage. If the risk is not able to obtain such offer, the risk
1560      is eligible for a standard policy including wind coverage or a
1561      basic policy including wind coverage issued by the corporation;
1562      however, if the risk could not be insured under a standard
1563      policy including wind coverage regardless of market conditions,
1564      the risk is eligible for a basic policy including wind coverage
1565      unless rejected under subparagraph 8. The corporation shall
1566      determine the type of policy to be provided on the basis of
1567      objective standards specified in the underwriting manual and
1568      based on generally accepted underwriting practices. A
1569      policyholder removed from the corporation through an assumption
1570      agreement does not remain eligible for coverage from the
1571      corporation after the end of the policy term. However, any
1572      policy removed from the corporation through an assumption
1573      agreement remains on the corporation's policy forms through the
1574      end of the policy term. However, notwithstanding any other
1575      provision of law, this sub-subparagraph does not apply to a

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1576      policy that does not cover a primary residence.
1577              (I)         If the risk accepts an offer of coverage through the
1578      market assistance plan or through a mechanism established by the
1579      corporation other than a plan established by s. 627.3518, before
1580      a policy is issued to the risk by the corporation or during the
1581      first 30 days of coverage by the corporation, and the producing
1582      agent who submitted the application to the plan or to the
1583      corporation is not currently appointed by the insurer, the
1584      insurer shall:
1585              (A)         Pay to the producing agent of record of the policy for
1586      the first year, an amount that is the greater of the insurer's
1587      usual and customary commission for the type of policy written or
1588      a fee equal to the usual and customary commission of the
1589      corporation; or
1590              (B)         Offer to allow the producing agent of record of the
1591      policy to continue servicing the policy for at least 1 year and
1592      offer to pay the agent the greater of the insurer's or the
1593      corporation's usual and customary commission for the type of
1594      policy written.
1595
1596      If the producing agent is unwilling or unable to accept
1597      appointment for any reason, including the failure of such agent
1598      to be licensed as a surplus lines agent, the new insurer shall
1599      pay the agent in accordance with sub-sub-sub-subparagraph (A).
1600              (II)        If the corporation enters into a contractual

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          PCS for HB 1503                             ORIGINAL                                                  2024




1601      agreement for a take-out plan, the producing agent of record of
1602      the corporation policy is entitled to retain any unearned
1603      commission on the policy, and the insurer shall:
1604               (A)         Pay to the producing agent of record, for the first
1605      year, an amount that is the greater of the insurer's usual and
1606      customary commission for the type of policy written or a fee
1607      equal to the usual and customary commission of the corporation;
1608      or
1609               (B)         Offer to allow the producing agent of record to
1610      continue servicing the policy for at least 1 year and offer to
1611      pay the agent the greater of the insurer's or the cor poration's
1612      usual and customary commission for the type of policy written.
1613
1614      If the producing agent is unwilling or unable to accept
1615      appointment for any reason, including the failure of such agent
1616      to be licensed as a surplus lines agent, the new insurer shall
1617      pay the agent in accordance with sub-sub-sub-subparagraph (A).
1618      This sub-sub-subparagraph does not apply to an authorized
1619      insurer that is an eligible surplus lines insurer.
1620               b.      With respect to commercial lines residential risks, for
1621      a new application to the corporation for coverage, if the risk
1622      is offered coverage under a policy including wind coverage from
1623      an admitted authorized insurer at its approved rate, the risk is
1624      not eligible for a policy issued by the corporation unless the
1625      premium for coverage from the admitted authorized insurer is

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1626      more than 20 percent greater than the premium for comparable
1627      coverage from the corporation. Whenever an offer of coverage for
1628      a commercial lines residential risk is received for a
1629      policyholder of the corporation at renewal from an admitted
1630      authorized insurer, the risk is not eligible for coverage with
1631      the corporation unless the premium for coverage from the
1632      admitted authorized insurer is more than 20 percent greater than
1633      the corporation's renewal premium for comparable coverage. If
1634      the risk is not able to obtain any such offer, the risk is
1635      eligible for a policy including wind coverage issued by the
1636      corporation. A policyholder removed from the corporation through
1637      an assumption agreement remains eligible for coverage fr om the
1638      corporation until the end of the policy term. However, any
1639      policy removed from the corporation through an assumption
1640      agreement remains on the corporation's policy forms through the
1641      end of the policy term. With respect to commercial lines
1642      residential risks for a new application to the corporation for
1643      coverage, if the risk is offered coverage from an eligible
1644      surplus lines insurer at the insurer's approved rate under a
1645      policy including wind coverage, the risk is not eligible for a
1646      policy issued by the corporation. If an offer of coverage for a
1647      commercial lines residential risk is received for a policyholder
1648      of the corporation by an eligible surplus lines insurer at
1649      renewal, the risk is not eligible for coverage with the
1650      corporation.

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1651              (I)         If the risk accepts an offer of coverage through the
1652      market assistance plan or through a mechanism established by the
1653      corporation other than a plan established by s. 627.3518, before
1654      a policy is issued to the risk by the corporation or during the
1655      first 30 days of coverage by the corporation, and the producing
1656      agent who submitted the application to the plan or the
1657      corporation is not currently appointed by the insurer, the
1658      insurer shall:
1659              (A)         Pay to the producing agent of record of the policy,
1660      for the first year, an amount that is the greater of the
1661      insurer's usual and customary commission for the type of policy
1662      written or a fee equal to the usual and customary commission of
1663      the corporation; or
1664              (B)         Offer to allow the producing agent of record of the
1665      policy to continue servicing the policy for at least 1 year and
1666      offer to pay the agent the greater of the insurer's or the
1667      corporation's usual and customary commission for the type of
1668      policy written.
1669
1670      If the producing agent is unwilling or unable to accept
1671      appointment for any reason, including the failure of such agent
1672      to be licensed as a surplus lines agent, the new insurer shall
1673      pay the agent in accordance with sub-sub-sub-subparagraph (A).
1674      This sub-sub-subparagraph does not apply to an authorized
1675      insurer that is an eligible surplus lines insurer.

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          PCS for HB 1503                             ORIGINAL                                                  2024




1676               (II)        If the corporation enters into a contractual
1677      agreement for a take-out plan, the producing agent of record of
1678      the corporation policy is entitled to retain any unearned
1679      commission on the policy, and the insurer shall:
1680               (A)         Pay to the producing agent of record, for the first
1681      year, an amount that is the greater of the insurer's usual and
1682      customary commission for the type of policy written or a fee
1683      equal to the usual and customary commission of the corporation;
1684      or
1685               (B)         Offer to allow the producing agent of record to
1686      continue servicing the policy for at least 1 year and offer to
1687      pay the agent the greater of the insurer's or the corporation's
1688      usual and customary commission for the type of policy written.
1689
1690      If the producing agent is unwilling or unable to accept
1691      appointment for any reason, including the failure of such agent
1692      to be licensed as a surplus lines agent, the new insurer shall
1693      pay the agent in accordance with sub-sub-sub-subparagraph (A).
1694      This sub-sub-subparagraph does not apply to an authorized
1695      insurer that is an eligible surplus lines insurer.
1696               c.      For purposes of determining comparable coverage under
1697      sub-subparagraphs a. and b., the comparison must be based on
1698      those forms and coverages that are reasonably comparable. The
1699      corporation may rely on a determination of comparable coverage
1700      and premium made by the producing agent who submits the

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          PCS for HB 1503                            ORIGINAL                                                  2024




1701      application to the corporation, made in the agent's capacity as
1702      the corporation's agent. For purposes of comparing the premium
1703      for comparable coverage under sub-subparagraphs a. and b.,
1704      premium includes any surcharge or assessment that is actually
1705      applied to such policy. A comparison may be made solely of the
1706      premium with respect to the main building or structure only on
1707      the following basis: the same Coverage A or other building
1708      limits; the same percentage hurricane deductible that applies on
1709      an annual basis or that applies to each hurricane for commercial
1710      residential property; the same percentage of ordinance and law
1711      coverage, if the same limit is offered by both the corporation
1712      and the authorized insurer; the same mitigation credits, to the
1713      extent the same types of credits are offered both by the
1714      corporation and the authorized insurer; the same method for loss
1715      payment, such as replacement cost or actual cash value, if the
1716      same method is offered both by the corporation and the
1717      authorized insurer in accordance with underwriting rules; and
1718      any other form or coverage that is reasonably comparable as
1719      determined by the board. If an application is submitted to the
1720      corporation for wind-only coverage on a risk that is located in
1721      an area eligible for coverage by the Florida Windstorm
1722      Underwriting Association, as that area was defined on January 1,
1723      2002, the premium for the corporation's wind-only policy plus
1724      the premium for the ex-wind policy that is offered by an
1725      authorized insurer to the applicant must be compared to the

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          PCS for HB 1503                            ORIGINAL                                                  2024




1726      premium for multiperil coverage offered by an authorized
1727      insurer, subject to the standards for comparison specified in
1728      this subparagraph. If the corporation or the applicant requests
1729      from the authorized insurer a breakdown of the premium of the
1730      offer by types of coverage so that a comparison may be made by
1731      the corporation or its agent and the authorized insurer refuses
1732      or is unable to provide such information, the corporation may
1733      treat the offer as not being an offer of coverage from an
1734      authorized insurer at the insurer's approved rate. However,
1735      notwithstanding any other provision of law, this sub-
1736      subparagraph does not apply to a policy that does not cover a
1737      primary residence.
1738              6.      Must include rules for classifications of risks and
1739      rates.
1740              7.      Must provide that if premium and investment income:
1741              a.      for the Citizens an account, which are attributable to
1742      a particular calendar year are in excess of projected losses and
1743      expenses for the Citizens account attributable to that year,
1744      such excess shall be held in surplus in the Citizens account.
1745      Such surplus must be available to defray deficits in the
1746      Citizens that account as to future years and used for that
1747      purpose before assessing assessable insurers and assessable
1748      insureds as to any calendar year; or
1749              b.      For the Citizens account, if established by the
1750      corporation, which are attributable to a particular calendar

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          PCS for HB 1503                            ORIGINAL                                                  2024




1751      year are in excess of projected losses and expenses for the
1752      Citizens account attributable to that year, such excess shall be
1753      held in surplus in the Citizens account. Such surplus must be
1754      available to defray deficits in the Citizens account as to
1755      future years and used for that purpose before assessing
1756      assessable insurers and assessable insureds as to any calendar
1757      year.
1758              8.      Must provide objective criteria and procedures to be
1759      uniformly applied to all applicants in determining whether an
1760      individual risk is so hazardous as to be uninsurable. In making
1761      this determination and in establishing the criteria and
1762      procedures, the following must be considered:
1763              a.      Whether the likelihood of a loss for the individual
1764      risk is substantially higher than for other risks of the same
1765      class; and
1766              b.      Whether the uncertainty associated with the individual
1767      risk is such that an appropriate premium cannot be determined.
1768
1769      The acceptance or rejection of a risk by the corporation shall
1770      be construed as the private placement of insurance, and the
1771      provisions of chapter 120 do not apply.
1772              9.      Must provide that the corporation make its best efforts
1773      to procure catastrophe reinsurance at reasonable rates, to cover
1774      its projected 100-year probable maximum loss as determined by
1775      the board of governors. If catastrophe reinsurance is not

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1776      available at reasonable rates, the corporation need not purchase
1777      it, but the corporation shall include the costs of reinsurance
1778      to cover its projected 100-year probable maximum loss in its
1779      rate calculations even if it does not purchase catastrophe
1780      reinsurance.
1781              10.         The policies issued by the corporation must provide
1782      that if the corporation or the market assistance plan obtains an
1783      offer from an authorized insurer to cover the risk at its
1784      approved rates, the risk is no longer eligible for renewal
1785      through the corporation, except as otherwise provided in this
1786      subsection.
1787              11.         Corporation policies and applications must include a
1788      notice that the corporation policy could, under this section, be
1789      replaced with a policy issued by an authorized insurer which
1790      does not provide coverage identical to the coverage provided by
1791      the corporation. The notice must also specify that acceptance of
1792      corporation coverage creates a conclusive presumption that the
1793      applicant or policyholder is aware of this potential.
1794              12.         May establish, subject to approval by the office,
1795      different eligibility requirements and operational procedures
1796      for any line or type of coverage for any specified county or
1797      area if the board determines that such changes are justified due
1798      to the voluntary market being sufficiently stable and
1799      competitive in such area or for such line or type of coverage
1800      and that consumers who, in good faith, are unable to obtain

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          PCS for HB 1503                            ORIGINAL                                                  2024




1801      insurance through the voluntary market through ordinary metho ds
1802      continue to have access to coverage from the corporation. If
1803      coverage is sought in connection with a real property transfer,
1804      the requirements and procedures may not provide an effective
1805      date of coverage later than the date of the closing of the
1806      transfer as established by the transferor, the transferee, and,
1807      if applicable, the lender.
1808              13.         Must provide that:
1809              a.      With respect to the coastal account, any assessable
1810      insurer with a surplus as to policyholders of $25 million or
1811      less writing 25 percent or more of its total countrywide
1812      property insurance premiums in this state may petition the
1813      office, within the first 90 days of each calendar year, to
1814      qualify as a limited apportionment company. A regular assessment
1815      levied by the corporation on a limited apportionment company for
1816      a deficit incurred by the corporation for the coastal account
1817      may be paid to the corporation on a monthly basis as the
1818      assessments are collected by the limited apportionment company
1819      from its insureds, but a limited apportionment company must
1820      begin collecting the regular assessments not later than 90 days
1821      after the regular assessments are levied by the corporation, and
1822      the regular assessments must be paid in full within 15 months
1823      after being levied by the corporation. A limited apportionme nt
1824      company shall collect from its policyholders any emergency
1825      assessment imposed under sub-subparagraph (b)3.e. The plan must

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1826      provide that, if the office determines that any regular
1827      assessment will result in an impairment of the surplus of a
1828      limited apportionment company, the office may direct that all or
1829      part of such assessment be deferred as provided in subparagraph
1830      (q)4. However, an emergency assessment to be collected from
1831      policyholders under sub-subparagraph (b)3.e. may not be limited
1832      or deferred; or
1833              b.      With respect to the Citizens account, if established by
1834      the corporation pursuant to sub-subparagraph (b)2.b., any
1835      assessable insurer with a surplus as to policyholders of $25
1836      million or less and writing 25 percent or more of its total
1837      countrywide property insurance premiums in this state may
1838      petition the office, within the first 90 days of each calendar
1839      year, to qualify as a limited apportionment company. A limited
1840      apportionment company shall collect from its policyholders any
1841      emergency assessment imposed under sub-subparagraph (b)5.c. An
1842      emergency assessment to be collected from policyholders under
1843      sub-subparagraph (b)5.c. may not be limited or deferred.
1844              13.14.       Must provide that the corporation appoint as its
1845      licensed agents only those agents who throughout such
1846      appointments also hold an appointment as defined in s. 626.015
1847      by at least three insurers an insurer who are is authorized to
1848      write and are is actually writing or renewing personal lines
1849      residential property coverage, commercial residential property
1850      coverage, or commercial nonresidential property coverage within

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          PCS for HB 1503                            ORIGINAL                                                  2024




1851      the state.
1852              14.15.       Must provide a premium payment plan option to its
1853      policyholders which, at a minimum, allows for quarterly and
1854      semiannual payment of premiums. A monthly payment plan m ay, but
1855      is not required to, be offered.
1856              15.16.       Must limit coverage on mobile homes or manufactured
1857      homes built before 1994 to actual cash value of the dwelling
1858      rather than replacement costs of the dwelling.
1859              16.17.       Must provide coverage for manufactured or mobile
1860      home dwellings. Such coverage must also include the following
1861      attached structures:
1862              a.      Screened enclosures that are aluminum framed or
1863      screened enclosures that are not covered by the same or
1864      substantially the same materials as those of the prim ary
1865      dwelling;
1866              b.      Carports that are aluminum or carports that are not
1867      covered by the same or substantially the same materials as those
1868      of the primary dwelling; and
1869              c.      Patios that have a roof covering that is constructed of
1870      materials that are not the same or substantially the same
1871      materials as those of the primary dwelling.
1872
1873      The corporation shall make available a policy for mobile homes
1874      or manufactured homes for a minimum insured value of at least
1875      $3,000.

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1876              17.18.       May provide such limits of coverage as the board
1877      determines, consistent with the requirements of this subsection.
1878              18.19.       May require commercial property to meet specified
1879      hurricane mitigation construction features as a condition of
1880      eligibility for coverage.
1881              19.20.       Must provide that new or renewal policies issued by
1882      the corporation on or after January 1, 2012, which cover
1883      sinkhole loss do not include coverage for any loss to
1884      appurtenant structures, driveways, sidewalks, decks, or patios
1885      that are directly or indirectly caused by sinkhole activit y. The
1886      corporation shall exclude such coverage using a notice of
1887      coverage change, which may be included with the policy renewal,
1888      and not by issuance of a notice of nonrenewal of the excluded
1889      coverage upon renewal of the current policy.
1890              20.a.21.a.         As of January 1, 2012, unless the Citizens
1891      account has been established pursuant to sub-subparagraph
1892      (b)2.b., Must require that the agent obtain from an applicant
1893      for coverage from the corporation the following an
1894      acknowledgment signed by the applicant, which includes, at a
1895      minimum, the following statement:
1896                            ACKNOWLEDGMENT OF POTENTIAL SURCHARGE
1897                                        AND ASSESSMENT LIABILITY:
1898              1.      AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
1899      CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
1900      DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,

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          PCS for HB 1503                            ORIGINAL                                                  2024




1901      MY POLICY COULD BE SUBJECT TO SURCHARGES AND ASSESSMENTS, WHICH
1902      WILL BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR
1903      TERMINATION OF THE POLICY, AND THAT THE SURCHARGES AND
1904      ASSESSMENTS COULD BE AS HIGH AS 25 45 PERCENT OF MY PREMIUM, OR
1905      A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE.
1906              2.      I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
1907      SURCHARGE, WHICH COULD BE AS HIGH AS 15 45 PERCENT OF MY
1908      PREMIUM, BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND
1909      THAT TO BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY
1910      TO OBTAIN PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR
1911      RENEWING COVERAGE WITH CITIZENS. I UNDERSTAND THAT PRIVATE
1912      MARKET INSURANCE RATES ARE REGULATED AND APPROVED BY THE STATE.
1913              3.      I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
1914      ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
1915      INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
1916      FLORIDA LEGISLATURE.
1917              4.      I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
1918      CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
1919      STATE OF FLORIDA.
1920              b.      The corporation must require, if it has established the
1921      Citizens account pursuant to sub-subparagraph (b)2.b., that the
1922      agent obtain from an applicant for coverage from the corporation
1923      the following acknowledgment signed by the applicant, which
1924      includes, at a minimum, the following statement:
1925                            ACKNOWLEDGMENT OF POTENTIAL SURCHARGE

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1926                                        AND ASSESSMENT LIABILITY:
1927              1.      AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
1928      CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
1929      DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
1930      MY POLICY COULD BE SUBJECT TO SURCHARGES AND ASSESSMENTS, WHICH
1931      WILL BE DUE AND PAYABLE UPON RENEWAL, CANCELLATION, OR
1932      TERMINATION OF THE POLICY, AND THAT THE SURCHARGES AND
1933      ASSESSMENTS COULD BE AS HIGH AS 25 PERCENT OF MY PREMIUM, OR A
1934      DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA LEGISLATURE.
1935              2.      I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
1936      SURCHARGE, WHICH COULD BE AS HIGH AS 15 PERCENT OF MY PREMIUM,
1937      BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
1938      BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
1939      PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
1940      WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
1941      ARE REGULATED AND APPROVED BY THE STATE.
1942              3.      I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
1943      ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
1944      INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
1945      FLORIDA LEGISLATURE.
1946              4.      I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
1947      CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
1948      STATE OF FLORIDA.
1949              b.c.        The corporation shall maintain, in electronic format
1950      or otherwise, a copy of the applicant's signed acknowledgment

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1951      and provide a copy of the statement to the policyholder as part
1952      of the first renewal after the effective date of sub-
1953      subparagraph a. or sub-subparagraph b., as applicable.
1954              c.d.        The signed acknowledgment form creates a conclusive
1955      presumption that the policyholder understood and accepted his or
1956      her potential surcharge and assessment liability as a
1957      policyholder of the corporation.
1958              (d)1.        All prospective employees for senior management
1959      positions, as defined by the plan of operation, are subject to
1960      background checks as a prerequisite for employment. The office
1961      shall conduct the background checks pursuant to ss. 624.34,
1962      624.404(3), and 628.261.
1963              2.      On or before July 1 of each year, employees of the
1964      corporation must sign and submit a statement attesting that they
1965      do not have a conflict of interest, as defined in part III of
1966      chapter 112. As a condition of employment, all prospective
1967      employees must sign and submit to the corporation a conflict -of-
1968      interest statement.
1969              3.      The executive director, senior managers, and members of
1970      the board of governors are subject to part III of chapter 112,
1971      including, but not limited to, the code of ethics and public
1972      disclosure and reporting of financial interests, pursuant to s.
1973      112.3145. For purposes of applying part III of chapter 112 to
1974      activities of the executive director, senior managers, and
1975      members of the board of governors, those persons shall be

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1976      considered public officers or employees and the corporation
1977      shall be considered their agency. Notwithstanding s.
1978      112.3143(2), a board member may not vote on any measure that
1979      would inure to his or her special private gain or loss; that he
1980      or she knows would inure to the special private gain or loss of
1981      any principal by whom he or she is retained or to the parent
1982      organization or subsidiary of a corporate principal by which he
1983      or she is retained, other than an agency as defined in s.
1984      112.312; or that he or she knows would inure to the special
1985      private gain or loss of a relative or business associate of the
1986      public officer. Before the vote is taken, such memb er shall
1987      publicly state to the assembly the nature of his or her interest
1988      in the matter from which he or she is abstaining from voting
1989      and, within 15 days after the vote occurs, disclose the nature
1990      of his or her interest as a public record in a memorandum filed
1991      with the person responsible for recording the minutes of the
1992      meeting, who shall incorporate the memorandum in the minutes.
1993      Senior managers and board members are also required to file such
1994      disclosures with the Commission on Ethics and the Office of
1995      Insurance Regulation. The executive director of the corporation
1996      or his or her designee shall notify each existing and newly
1997      appointed member of the board of governors and senior managers
1998      of their duty to comply with the reporting requirements of part
1999      III of chapter 112. At least quarterly, the executive director
2000      or his or her designee shall submit to the Commission on Ethics

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2001      a list of names of the senior managers and members of the board
2002      of governors who are subject to the public disclosure
2003      requirements under s. 112.3145.
2004              4.      Notwithstanding s. 112.3148, s. 112.3149, or any other
2005      provision of law, an employee or board member may not knowingly
2006      accept, directly or indirectly, any gift or expenditure from a
2007      person or entity, or an employee or representative of s uch
2008      person or entity, which has a contractual relationship with the
2009      corporation or who is under consideration for a contract. An
2010      employee or board member who fails to comply with subparagraph
2011      3. or this subparagraph is subject to penalties provided under
2012      ss. 112.317 and 112.3173.
2013              5.      Any senior manager of the corporation who is employed
2014      on or after January 1, 2007, regardless of the date of hire, who
2015      subsequently retires or terminates employment is prohibited from
2016      representing another person or entity before the corporation for
2017      2 years after retirement or termination of employment from the
2018      corporation.
2019              6.      The executive director, members of the board of
2020      governors, and senior managers of the corporation are prohibited
2021      from having any employment or contractual relationship for 2
2022      years after retirement from or termination of service to the
2023      corporation with an insurer that has entered into a take -out
2024      bonus agreement with the corporation.
2025              (e)         The corporation is subject to s. 287.057 for the

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2026      purchase of commodities and contractual services except as
2027      otherwise provided in this paragraph. Services provided by
2028      tradepersons or technical experts to assist a licensed adjuster
2029      in the evaluation of individual claims are not subject to the
2030      procurement requirements of this section. Additionally, the
2031      procurement of financial services providers and underwriters
2032      must be made pursuant to s. 627.3513. Contracts for goods or
2033      services valued at or more than $100,000 are subject to approval
2034      by the board.
2035              1.      The corporation is an agency for purposes of s.
2036      287.057, except that, for purposes of s. 287.057(24), the
2037      corporation is an eligible user.
2038              a.      The authority of the Department of Management Services
2039      and the Chief Financial Officer under s. 287.057 extends to the
2040      corporation as if the corporation were an agency.
2041              b.      The executive director of the corporation is the agency
2042      head under s. 287.057, except for resolution of bid protests for
2043      which the board would serve as the agency head. The executive
2044      director may assign or appoint a designee to act on his or her
2045      behalf.
2046              2.      The corporation must provide notice of a decision or
2047      intended decision concerning a solicitation, contract award, or
2048      exceptional purchase by electronic posting. Such notice must
2049      contain the following statement: "Failure to file a protest
2050      within the time prescribed in this section constitutes a waiver

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2051      of proceedings."
2052              a.      A person adversely affected by the corporation's
2053      decision or intended decision to award a contract pursuant to s.
2054      287.057(1) or (3)(c) who elects to challenge the decision must
2055      file a written notice of protest with the executive director of
2056      the corporation within 72 hours after the corporation posts a
2057      notice of its decision or intended decision. For a protest of
2058      the terms, conditions, and specifications contained in a
2059      solicitation, including provisions governing the methods for
2060      ranking bids, proposals, replies, awarding contracts, reserving
2061      rights of further negotiation, or modifying or amending any
2062      contract, the notice of protest must be filed in writing within
2063      72 hours after posting the solicitation. Saturdays, Sundays, and
2064      state holidays are excluded in the computation of the 72 -hour
2065      time period.
2066              b.      A formal written protest must be filed within 10 days
2067      after the date the notice of protest is filed. The formal
2068      written protest must state with particularity the facts and law
2069      upon which the protest is based. Upon receipt of a formal
2070      written protest that has been timely filed, the corporation must
2071      stop the solicitation or contract award process until the
2072      subject of the protest is resolved by final board action unless
2073      the executive director sets forth in writing particular facts
2074      and circumstances that require the continuance of the
2075      solicitation or contract award process without delay in order to

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2076      avoid an immediate and serious danger to the public health,
2077      safety, or welfare.
2078              (I)         The corporation must provide an opportunity to resolve
2079      the protest by mutual agreement between the parties within 7
2080      business days after receipt of the formal written protest.
2081              (II)        If the subject of a protest is not resolved by mutual
2082      agreement within 7 business days, the corporation's board must
2083      transmit the protest to the Division of Administrative Hearings
2084      and contract with the division to conduct a hearing to determine
2085      the merits of the protest and to issue a recommended order. The
2086      contract must provide for the corporation to reimburse the
2087      division for any costs incurred by the division for court
2088      reporters, transcript preparation, travel, facility rental, and
2089      other customary hearing costs in the manner set forth i n s.
2090      120.65(9). The division has jurisdiction to determine the facts
2091      and law concerning the protest and to issue a recommended order.
2092      The division's rules and procedures apply to these proceedings;
2093      the division's applicable bond requirements do not apply . The
2094      protest must be heard by the division at a publicly noticed
2095      meeting in accordance with procedures established by the
2096      division.
2097              c.      In a protest of an invitation-to-bid or request-for-
2098      proposals procurement, submissions made after the bid or
2099      proposal opening which amend or supplement the bid or proposal
2100      may not be considered. In protesting an invitation-to-negotiate

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2101      procurement, submissions made after the corporation announces
2102      its intent to award a contract, reject all replies, or withdraw
2103      the solicitation that amends or supplements the reply may not be
2104      considered. Unless otherwise provided by law, the burden of
2105      proof rests with the party protesting the corporation's action.
2106      In a competitive-procurement protest, other than a rejection of
2107      all bids, proposals, or replies, the administrative law judge
2108      must conduct a de novo proceeding to determine whether the
2109      corporation's proposed action is contrary to the corporation's
2110      governing statutes, the corporation's rules or policies, or the
2111      solicitation specifications. The standard of proof for the
2112      proceeding is whether the corporation's action was clearly
2113      erroneous, contrary to competition, arbitrary, or capricious. In
2114      any bid-protest proceeding contesting an intended corporation
2115      action to reject all bids, proposals, or replies, the standard
2116      of review by the board is whether the corporation's intended
2117      action is illegal, arbitrary, dishonest, or fraudulent.
2118              d.      Failure to file a notice of protest or failure to file
2119      a formal written protest constitutes a waiver of proceedings.
2120              3.      The board, acting as agency head or his or her
2121      designee, shall consider the recommended order of an
2122      administrative law judge in a public meeting and take final
2123      action on the protest. Any further legal remedy lies with the
2124      First District Court of Appeal.
2125              (f)         The corporation is subject to the provisions of

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2126      chapter 255.
2127              (g)         The board shall determine whether it is more cost-
2128      effective and in the best interests of the corporation to use
2129      legal services provided by in-house attorneys employed by the
2130      corporation rather than contracting with outside counsel. In
2131      making such determination, the board shall document its findings
2132      and shall consider: the expertise needed; whether time
2133      commitments exceed in-house staff resources; whether local
2134      representation is needed; the travel, lodging and other costs
2135      associated with in-house representation; and such other factors
2136      that the board determines are relevant.
2137              (h)         The corporation may not retain a lobbyist to represent
2138      it before the legislative branch or executive branch. However,
2139      full-time employees of the corporation may register as lobbyists
2140      and represent the corporation before the legislative branch or
2141      executive branch.
2142              (i)1.        The Office of the Internal Auditor is established
2143      within the corporation to provide a central point for
2144      coordination of and responsibility for activities that promote
2145      accountability, integrity, and efficiency to the policyholders
2146      and to the taxpayers of this state. The internal auditor shall
2147      be appointed by the board of governors, shall report to and be
2148      under the general supervision of the board of governors, and is
2149      not subject to supervision by an employee of the corporation.
2150      Administrative staff and support shall be provided by the

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2151      corporation. The internal auditor shall be appointed without
2152      regard to political affiliation. It is the duty and
2153      responsibility of the internal auditor to:
2154              a.      Provide direction for, supervise, conduct, and
2155      coordinate audits, investigations, and management reviews
2156      relating to the programs and operations of the corporation.
2157              b.      Conduct, supervise, or coordinate other activities
2158      carried out or financed by the corporation for the purpose of
2159      promoting efficiency in the administration of, or preventing and
2160      detecting fraud, abuse, and mismanagement in, its programs and
2161      operations.
2162              c.      Submit final audit reports, reviews, or investigative
2163      reports to the board of governors, the executive director, the
2164      members of the Financial Services Commission, and the President
2165      of the Senate and the Speaker of the House of Representatives.
2166              d.      Keep the board of governors informed concerning fraud,
2167      abuses, and internal control deficiencies relating to programs
2168      and operations administered or financed by the corporation,
2169      recommend corrective action, and report on the progress made in
2170      implementing corrective action.
2171              e.      Cooperate and coordinate activities with the
2172      corporation's inspector general.
2173              2.      On or before February 15, the internal auditor shall
2174      prepare an annual report evaluating the effectiveness of the
2175      internal controls of the corporation and providing

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2176      recommendations for corrective action, if necessary, and
2177      summarizing the audits, reviews, and investigations conducted by
2178      the office during the preceding fiscal year. The final report
2179      shall be furnished to the board of governors and the executive
2180      director, the President of the Senate, the Speaker of the House
2181      of Representatives, and the Financial Services Commission.
2182              (j)         All records of the corporation, except as otherwise
2183      provided by law, are subject to the record retention
2184      requirements of s. 119.021.
2185              (k)1.        The corporation shall establish and maintain a unit
2186      or division to investigate possible fraudulent claims by
2187      insureds or by persons making claims for services or repairs
2188      against policies held by insureds; or it may contract with
2189      others to investigate possible fraudulent claims for services or
2190      repairs against policies held by the corporation pursuant to s.
2191      626.9891. The corporation must comply with reporting
2192      requirements of s. 626.9891. An employee of the corporatio n
2193      shall notify the corporation's Office of the Inspector General
2194      and the Division of Investigative and Forensic Services within
2195      48 hours after having information that would lead a reasonable
2196      person to suspect that fraud may have been committed by any
2197      employee of the corporation.
2198              2.      The corporation shall establish a unit or division
2199      responsible for receiving and responding to consumer complaints,
2200      which unit or division is the sole responsibility of a senior

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2201      manager of the corporation.
2202              (l)         The office shall conduct a comprehensive market
2203      conduct examination of the corporation every 2 years to
2204      determine compliance with its plan of operation and internal
2205      operations procedures. The first market conduct examination
2206      report shall be submitted to the President of the Senate and the
2207      Speaker of the House of Representatives no later than February
2208      1, 2009. Subsequent reports shall be submitted on or before
2209      February 1 every 2 years thereafter.
2210              (m)         The Auditor General shall conduct an operational audit
2211      of the corporation every 3 years to evaluate management's
2212      performance in administering laws, policies, and procedures
2213      governing the operations of the corporation in an efficient and
2214      effective manner. The scope of the review shall include, but is
2215      not limited to, evaluating claims handling, customer service,
2216      take-out programs and bonuses, financing arrangements,
2217      procurement of goods and services, internal controls, and the
2218      internal audit function. The initial audit must be completed by
2219      February 1, 2009.
2220              (n)1.        Rates for coverage provided by the corporation must
2221      be actuarially sound pursuant to s. 627.062 and not competitive
2222      with approved rates charged in the admitted voluntary market so
2223      that the corporation functions as a residual market mechanism to
2224      provide insurance only when insurance cannot be procured in the
2225      voluntary market, except as otherwise provided in this

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2226      paragraph. The office shall provide the corporation such
2227      information as would be necessary to determine whether rates are
2228      competitive. The corporation shall file its recommended rates
2229      with the office at least annually. The corporation shall provide
2230      any additional information regarding the rates which the office
2231      requires. The office shall consider the recommendations of the
2232      board and issue a final order establishing the rates for the
2233      corporation within 45 days after the recommended rates are
2234      filed. The corporation may not pursue an administrative
2235      challenge or judicial review of the final order of the office.
2236              2.      In addition to the rates otherwise determined pursuant
2237      to this paragraph, the corporation shall impose and collect an
2238      amount equal to the premium tax provided in s. 624.509 to
2239      augment the financial resources of the corporation.
2240              3.      After the public hurricane loss-projection model under
2241      s. 627.06281 has been found to be accurate and reliable by the
2242      Florida Commission on Hurricane Loss Projection Methodology, the
2243      model shall be considered when establishing the windstorm
2244      portion of the corporation's rates. The corporation may use the
2245      public model results in combination with the results of private
2246      models to calculate rates for the windstorm portion of the
2247      corporation's rates. This subparagraph does not require or allow
2248      the corporation to adopt rates lower than the rates otherwise
2249      required or allowed by this paragraph.
2250              4.      The corporation must make a recommended actuarially

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2251      sound rate filing for each personal and commercial line of
2252      business it writes.
2253              5.      Notwithstanding the board's recommended rates and the
2254      office's final order regarding the corporation's filed rates
2255      under subparagraph 1., the corporation shall annually implement
2256      a rate increase which, except for sinkhole coverage, does not
2257      exceed the following for any single policy issued by the
2258      corporation, excluding coverage changes and surcharges:
2259              a.      Twelve percent for 2023.
2260              a.b.        Thirteen percent for 2024.
2261              b.c.        Fourteen percent for 2025.
2262              c.d.        Fifteen percent for 2026 and all subsequent years.
2263
2264      With the exception of counties in which the office determines
2265      there is not a reasonable degree of competition, this
2266      subparagraph does not apply to a personal lines residential
2267      structure that has a dwelling replacement cost of $700,000 or
2268      more or a single condominium unit that has a combined dwelling
2269      and contents replacement cost of $700,000 or more.
2270              6.      The corporation may also implement an increase to
2271      reflect the effect on the corporation of the cash buildup factor
2272      pursuant to s. 215.555(5)(b).
2273              7.      The corporation's implementation of rates as prescribed
2274      in subparagraphs 5. and 8. shall cease for any line of bus iness
2275      written by the corporation upon the corporation's implementation

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2276      of actuarially sound rates. Thereafter, the corporation shall
2277      annually make a recommended actuarially sound rate filing that
2278      is not competitive with approved rates in the admitted volun tary
2279      market for each commercial and personal line of business the
2280      corporation writes.
2281               8.      The following new or renewal personal lines policies
2282      written on or after November 1, 2023, are not subject to the
2283      rate increase limitations in subparagraph 5., but m ay not be
2284      charged more than 50 percent above, and may not be charged nor
2285      less than, the prior year's established rate for the
2286      corporation:
2287               a.      Policies that do not cover a primary residence;
2288               b.      New policies under which the coverage for the insured
2289      risk, before the date of application with the corporation, was
2290      last provided by an insurer determined by the office to be
2291      unsound or an insurer placed in receivership under chapter 631;
2292      or
2293               c.      Subsequent renewals of those policies, including the
2294      new policies in sub-subparagraph b., under which the coverage
2295      for the insured risk, before the date of application with the
2296      corporation, was last provided by an insurer determined by the
2297      office to be unsound or an insurer placed in receivership under
2298      chapter 631.
2299               9.      As used in this paragraph, the term "primary residence"
2300      means the dwelling that is the policyholder's primary home or is

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2301      a rental property that is the primary home of the tenant, and
2302      which the policyholder or tenant occupies for more than 9 months
2303      of each year.
2304              (o)         If coverage in an account, or the Citizens account if
2305      established by the corporation, is deactivated pursuant to
2306      paragraph (p), coverage through the corporation shall be
2307      reactivated by order of the office only under one of the
2308      following circumstances:
2309              1.      If the market assistance plan receives a minimum of 100
2310      applications for coverage within a 3-month period, or 200
2311      applications for coverage within a 1-year period or less for
2312      residential coverage, unless the market assistance plan provides
2313      a quotation from authorized admitted carriers at their approved
2314      filed rates for at least 90 percent of such applicants. Any
2315      market assistance plan application that is rejected because an
2316      individual risk is so hazardous as to be uninsurable using the
2317      criteria specified in subparagraph (c)8. shall not be included
2318      in the minimum percentage calculation provided herein. In the
2319      event that there is a legal or administrative challenge to a
2320      determination by the office that the conditions of this
2321      subparagraph have been met for eligibility for coverage in the
2322      corporation, any eligible risk may obtain coverage during the
2323      pendency of such challenge.
2324              2.      In response to a state of emergency declared by the
2325      Governor under s. 252.36, the office may activate coverage by

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          PCS for HB 1503                            ORIGINAL                                                  2024




2326      order for the period of the emergency upon a finding by the
2327      office that the emergency significantly affects the availability
2328      of residential property insurance.
2329              (p)1.       The corporation shall file with the office quarterly
2330      statements of financial condition, an annual statement of
2331      financial condition, and audited financial statements in the
2332      manner prescribed by law. In addition, the corporation shall
2333      report to the office monthly on the types, premium, exposure,
2334      and distribution by county of its policies in force, and shall
2335      submit other reports as the office requires to carry out its
2336      oversight of the corporation.
2337              2.      The activities of the corporation shall be reviewed at
2338      least annually by the office to determine whether coverage shall
2339      be deactivated in an account, or in the Citizens account if
2340      established by the corporation, on the basis that the conditions
2341      giving rise to its activation no longer exist.
2342              (q)1.       The corporation shall certify to the office its
2343      needs for annual assessments as to a particular calendar year,
2344      and for any interim assessments that it deems to be necessary to
2345      sustain operations as to a particular year pending the receipt
2346      of annual assessments. Upon verification, the office shall
2347      approve such certification, and the corporation shall levy such
2348      annual or interim assessments. Such assessments shall be
2349      prorated, if authority to levy exists, as provided in paragraph
2350      (b). The corporation shall take all reasonable and prudent steps

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          PCS for HB 1503                            ORIGINAL                                                  2024




2351      necessary to collect the amount of assessments due from each
2352      assessable insurer, including, if prudent, filing suit to
2353      collect the assessments, and the office may provide such
2354      assistance to the corporation it deems appropriate. If the
2355      corporation is unable to collect an assessment from any
2356      assessable insurer, the uncollected assessments shall be levied
2357      as an additional assessment against the assessable insurers and
2358      any assessable insurer required to pay an additional assessment
2359      as a result of such failure to pay shall have a cause of action
2360      against such nonpaying assessable insurer. Assessments shall be
2361      included as an appropriate factor in the making of rates. The
2362      failure of a surplus lines agent to collect and remit any
2363      regular or emergency assessment levied by the corporation is
2364      considered to be a violation of s. 626.936 and subjects the
2365      surplus lines agent to the penalties provided in that section.
2366              2.      The governing body of any unit of local government, any
2367      residents of which are insured by the corporation, may issue
2368      bonds as defined in s. 125.013 or s. 166.101 from time to time
2369      to fund an assistance program, in conjunction with the
2370      corporation, for the purpose of defraying deficits of the
2371      corporation. In order to avoid needless and indiscriminate
2372      proliferation, duplication, and fragmentation of such assistance
2373      programs, any unit of local government, any residents of which
2374      are insured by the corporation, may provide for the payment of
2375      losses, regardless of whether or not the losses occurred within

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          PCS for HB 1503                            ORIGINAL                                                  2024




2376      or outside of the territorial jurisdiction of the local
2377      government. Revenue bonds under this subparagraph may not be
2378      issued until validated pursuant to chapter 75, unless a state of
2379      emergency is declared by executive order or proclamation of the
2380      Governor pursuant to s. 252.36 making such findings as are
2381      necessary to determine that it is in the best interests of, and
2382      necessary for, the protection of the public health, safety, and
2383      general welfare of residents of this state and declaring it an
2384      essential public purpose to permit certain municipalities or
2385      counties to issue such bonds as will permit relief to claimants
2386      and policyholders of the corporation. Any such unit of local
2387      government may enter into such contracts with the corporation
2388      and with any other entity created pursuant to this subsection as
2389      are necessary to carry out this paragraph. Any bonds issued
2390      under this subparagraph shall be payable from and secured by
2391      moneys received by the corporation from emergency assessments
2392      under sub-subparagraph (b)3.c. (b)3.e., and assigned and pledged
2393      to or on behalf of the unit of local government for the benefit
2394      of the holders of such bonds. The funds, credit, property, and
2395      taxing power of the state or of the unit of local government
2396      shall not be pledged for the payment of such bonds.
2397              3.a.        The corporation shall adopt one or more programs
2398      subject to approval by the office for the reduction of both new
2399      and renewal writings in the corporation. Beginning January 1,
2400      2008, any program the corporation adopts for the payment of

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          PCS for HB 1503                            ORIGINAL                                                  2024




2401      bonuses to an insurer for each risk the insurer removes from the
2402      corporation shall comply with s. 627.3511(2) and may not exceed
2403      the amount referenced in s. 627.3511(2) for each risk removed.
2404      The corporation may consider any prudent and not unfairly
2405      discriminatory approach to reducing corporation writings, and
2406      may adopt a credit against assessment liability or other
2407      liability that provides an incentive for insurers to take risks
2408      out of the corporation and to keep risks out of the corporation
2409      by maintaining or increasing voluntary writings in counties or
2410      areas in which corporation risks are highly concentrated and a
2411      program to provide a formula under which an insurer voluntarily
2412      taking risks out of the corporation by maintaining or increasing
2413      voluntary writings will be relieved wholly or partially from
2414      assessments under sub-subparagraph (b)3.a. However, any "take-
2415      out bonus" or payment to an insurer must be conditioned on the
2416      property being insured for at least 5 years by the insurer,
2417      unless canceled or nonrenewed by the policyholder. If the policy
2418      is canceled or nonrenewed by the policyholder before the end of
2419      the 5-year period, the amount of the take-out bonus must be
2420      prorated for the time period the policy was insured. When the
2421      corporation enters into a contractual agreement for a take -out
2422      plan, the producing agent of record of the corporation policy is
2423      entitled to retain any unearned commission on such policy, and
2424      the insurer shall either:
2425              (I)         Pay to the producing agent of record of the policy,

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          PCS for HB 1503                            ORIGINAL                                                  2024




2426      for the first year, an amount which is the greater of the
2427      insurer's usual and customary commission for the type of policy
2428      written or a policy fee equal to the usual and customary
2429      commission of the corporation; or
2430              (II)        Offer to allow the producing agent of record of the
2431      policy to continue servicing the policy for a period of not less
2432      than 1 year and offer to pay the agent the insurer's usual and
2433      customary commission for the type of policy written. If the
2434      producing agent is unwilling or unable to accept appointment by
2435      the new insurer for any reason, including to the failure of such
2436      agent to be licensed as surplus lines agent, the new insurer
2437      shall pay the agent in accordance with sub-sub-subparagraph (I).
2438              b.      Any credit or exemption from regular assessments
2439      adopted under this subparagraph shall last no longer than the 3
2440      years following the cancellation or expiration of the policy by
2441      the corporation. With the approval of the office, the board may
2442      extend such credits for an additional year if the insurer
2443      guarantees an additional year of renewability for all policies
2444      removed from the corporation, or for 2 additional years if the
2445      insurer guarantees 2 additional years of renewability for all
2446      policies so removed.
2447              c.      There shall be no credit, limitation, exemption, or
2448      deferment from emergency assessments to be collected from
2449      policyholders pursuant to sub-subparagraph (b)3.c. (b)3.e. or
2450      sub-subparagraph (b)5.c.

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          PCS for HB 1503                            ORIGINAL                                                  2024




2451              4.      The plan shall provide for the deferment, in whole or
2452      in part, of the assessment of an assessable insurer, other than
2453      an emergency assessment collected from policyholders pursuant to
2454      sub-subparagraph (b)3.e. or sub-subparagraph (b)5.c., if the
2455      office finds that payment of the assessment would endanger or
2456      impair the solvency of the insurer. In the event an assessment
2457      against an assessable insurer is deferred in whole or in part,
2458      the amount by which such assessment is deferred may be assessed
2459      against the other assessable insurers in a manner consistent
2460      with the basis for assessments set forth in paragraph (b).
2461              4.5.        Effective July 1, 2007, in order to evaluate the
2462      costs and benefits of approved take-out plans, if the
2463      corporation pays a bonus or other payment to an insurer for an
2464      approved take-out plan, it shall maintain a record of the
2465      address or such other identifying information on the property or
2466      risk removed in order to track if and when the property or risk
2467      is later insured by the corporation.
2468              5.6.        Any policy taken out, assumed, or removed from the
2469      corporation is, as of the effective date of the take-out,
2470      assumption, or removal, direct insurance issued by the insurer
2471      and not by the corporation, even if the corporation continues to
2472      service the policies. This subparagraph applies to polic ies of
2473      the corporation and not policies taken out, assumed, or removed
2474      from any other entity.
2475              6.7.        For a policy taken out, assumed, or removed from the

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          PCS for HB 1503                            ORIGINAL                                                  2024




2476      corporation, the insurer may, for a period of no more than 3
2477      years, continue to use any of the corporation's policy forms or
2478      endorsements that apply to the policy taken out, removed, or
2479      assumed without obtaining approval from the office for use of
2480      such policy form or endorsement.
2481              (r)         Nothing in this subsection shall be construed to
2482      preclude the issuance of residential property insurance coverage
2483      pursuant to part VIII of chapter 626.
2484              (s)1.        There shall be no liability on the part of, and no
2485      cause of action of any nature shall arise against, any
2486      assessable insurer or its agents or employees, the corporatio n
2487      or its agents or employees, members of the board of governors or
2488      their respective designees at a board meeting, corporation
2489      committee members, or the office or its representatives, for any
2490      action taken by them in the performance of their duties or
2491      responsibilities under this subsection. Such immunity does not
2492      apply to:
2493              a.      Any of the foregoing persons or entities for any
2494      willful tort;
2495              b.      The corporation or its producing agents for breach of
2496      any contract or agreement pertaining to insurance coverage;
2497              c.      The corporation with respect to issuance or payment of
2498      debt;
2499              d.      Any assessable insurer with respect to any action to
2500      enforce an assessable insurer's obligations to the corporation

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          PCS for HB 1503                            ORIGINAL                                                  2024




2501      under this subsection; or
2502              e.      The corporation in any pending or future action for
2503      breach of contract or for benefits under a policy issued by the
2504      corporation.
2505              2.      The corporation shall manage its claim employees,
2506      independent adjusters, and others who handle claims to ensure
2507      they carry out the corporation's duty to its policyholders to
2508      handle claims carefully, timely, diligently, and in good faith,
2509      balanced against the corporation's duty to the state to manage
2510      its assets responsibly to minimize its assessment potential.
2511              (t)         For the purposes of s. 199.183(1), the corporation
2512      shall be considered a political subdivision of the state and
2513      shall be exempt from the corporate income tax. The premiums,
2514      assessments, investment income, and other revenue of the
2515      corporation are funds received for providing property insurance
2516      coverage as required by this subsection, paying claims for
2517      Florida citizens insured by the corporation, securing and
2518      repaying debt obligations issued by the corporation, and
2519      conducting all other activities of the corporation, and shall
2520      not be considered taxes, fees, licenses, or charges for services
2521      imposed by the Legislature on individuals, businesses, or
2522      agencies outside state government. Bonds and other debt
2523      obligations issued by or on behalf of the corporation are not to
2524      be considered "state bonds" within the meaning of s. 215.58(8).
2525      The corporation is subject to the procurement provisions of

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          PCS for HB 1503                            ORIGINAL                                                  2024




2526      chapter 287 as provided in paragraph (e), and policies and
2527      decisions of the corporation relating to incurring debt, levying
2528      of assessments and the sale, issuance, continuation, terms and
2529      claims under corporation policies, and all services relating
2530      thereto, are not subject to the provisions of chapter 120. The
2531      corporation is not required to obtain or to hold a certificate
2532      of authority issued by the office, nor is it required to
2533      participate as a member insurer of the Florida Insurance
2534      Guaranty Association. However, the corporation is required to
2535      pay, in the same manner as an authorized insurer, assessments
2536      levied by the Florida Insurance Guaranty Association. It is the
2537      intent of the Legislature that the tax exemptions provided in
2538      this paragraph will augment the financial resources of the
2539      corporation to better enable the corporation to fulfill its
2540      public purposes. Any debt obligations issued by the corporation,
2541      their transfer, and the income therefrom, including any profit
2542      made on the sale thereof, shall at all times be free from
2543      taxation of every kind by the state and any political
2544      subdivision or local unit or other instrumentality thereof;
2545      however, this exemption does not apply to any tax imposed by
2546      chapter 220 on interest, income, or profits on debt obligations
2547      owned by corporations other than the corporation.
2548              (u)         Upon a determination by the office that the conditions
2549      giving rise to the establishment and activation of the
2550      corporation no longer exist, the corporation is dissolved. Upon

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          PCS for HB 1503                            ORIGINAL                                                  2024




2551      dissolution, the assets of the corporation shall be applied
2552      first to pay all debts, liabilities, and obligations of the
2553      corporation, including the establishment of reasonable reserves
2554      for any contingent liabilities or obligations, and all remaining
2555      assets of the corporation shall become property of the state and
2556      shall be deposited in the Florida Hurricane Catastrophe Fund.
2557      However, no dissolution shall take effect as long as the
2558      corporation has bonds or other financial obligations outstanding
2559      unless adequate provision has been made for the payment of the
2560      bonds or other financial obligations pursuant to the documents
2561      authorizing the issuance of the bonds or other financial
2562      obligations.
2563              (v)1.       Effective July 1, 2002, policies of the Residential
2564      Property and Casualty Joint Underwriting Association become
2565      policies of the corporation. All obligations, rights, assets and
2566      liabilities of the association, including bonds, note and debt
2567      obligations, and the financing documents pertaining to them
2568      become those of the corporation as of July 1, 2002. The
2569      corporation is not required to issue endorsements or
2570      certificates of assumption to insureds during the remaining term
2571      of in-force transferred policies.
2572              2.      Effective July 1, 2002, policies of the Florida
2573      Windstorm Underwriting Association are transferred to the
2574      corporation and become policies of the corporation. All
2575      obligations, rights, assets, and liabilities of the association,

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          PCS for HB 1503                            ORIGINAL                                                  2024




2576      including bonds, note and debt obligations, and the financing
2577      documents pertaining to them are transferred to and assumed by
2578      the corporation on July 1, 2002. The corporation is not required
2579      to issue endorsements or certificates of assumption to insureds
2580      during the remaining term of in-force transferred policies.
2581              3.      The Florida Windstorm Underwriting Association and the
2582      Residential Property and Casualty Joint Underwriting Association
2583      shall take all actions necessary to further evidence the
2584      transfers and provide the documents and instruments of further
2585      assurance as may reasonably be requested by the corporation for
2586      that purpose. The corporation shall execute assumptions and
2587      instruments as the trustees or other parties to the financing
2588      documents of the Florida Windstorm Underwriting Association o r
2589      the Residential Property and Casualty Joint Underwriting
2590      Association may reasonably request to further evidence the
2591      transfers and assumptions, which transfers and assumptions,
2592      however, are effective on the date provided under this paragraph
2593      whether or not, and regardless of the date on which, the
2594      assumptions or instruments are executed by the corporation.
2595      Subject to the relevant financing documents pertaining to their
2596      outstanding bonds, notes, indebtedness, or other financing
2597      obligations, the moneys, investments, receivables, choses in
2598      action, and other intangibles of the Florida Windstorm
2599      Underwriting Association shall be credited to the coastal
2600      account of the corporation, and those of the personal lines

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          PCS for HB 1503                            ORIGINAL                                                  2024




2601      residential coverage account and the commercial lin es
2602      residential coverage account of the Residential Property and
2603      Casualty Joint Underwriting Association shall be credited to the
2604      personal lines account and the commercial lines account,
2605      respectively, of the corporation.
2606              4.      Effective July 1, 2002, a new applicant for property
2607      insurance coverage who would otherwise have been eligible for
2608      coverage in the Florida Windstorm Underwriting Association is
2609      eligible for coverage from the corporation as provided in this
2610      subsection.
2611              5.      The transfer of all policies, obligations, rights,
2612      assets, and liabilities from the Florida Windstorm Underwriting
2613      Association to the corporation and the renaming of the
2614      Residential Property and Casualty Joint Underwriting Association
2615      as the corporation does not affect the coverage with respect to
2616      covered policies as defined in s. 215.555(2)(c) provided to
2617      these entities by the Florida Hurricane Catastrophe Fund. The
2618      coverage provided by the fund to the Florida Windstorm
2619      Underwriting Association based on its exposures as of June 30,
2620      2002, and each June 30 thereafter, unless the corporation has
2621      established the Citizens account, shall be redesignated as
2622      coverage for the coastal account of the corporation.
2623      Notwithstanding any other provision of law, the coverage
2624      provided by the fund to the Residential Property and Casualty
2625      Joint Underwriting Association based on its exposures as of June

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          PCS for HB 1503                            ORIGINAL                                                  2024




2626      30, 2002, and each June 30 thereafter, unless the corporation
2627      has established the Citizens account, shall be transferred to
2628      the personal lines account and the commercial lines account of
2629      the corporation. Notwithstanding any other provision of law, the
2630      coastal account, unless the corporation has established the
2631      Citizens account, shall be treated, for all Florida Hurricane
2632      Catastrophe Fund purposes, as if it were a separate
2633      participating insurer with its own exposures, reimbursement
2634      premium, and loss reimbursement. Likewise, the personal lines
2635      and commercial lines accounts, unless the corporation has
2636      established the Citizens account, shall be viewed together, for
2637      all fund purposes, as if the two accounts were one and represent
2638      a single, separate participating insurer with its own exposures,
2639      reimbursement premium, and loss reimbursement. The coverage
2640      provided by the fund to the corporation shall constitute and
2641      operate as a full transfer of coverage from the Florida
2642      Windstorm Underwriting Association and Residential Property and
2643      Casualty Joint Underwriting Association to the corporation.
2644              (w)         Notwithstanding any other provision of law:
2645              1.      The pledge or sale of, the lien upon, and the security
2646      interest in any rights, revenues, or other assets of the
2647      corporation created or purported to be created pursuant to any
2648      financing documents to secure any bonds or other indebtedness of
2649      the corporation shall be and remain valid and enforceable,
2650      notwithstanding the commencement of and during the continuation

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          PCS for HB 1503                            ORIGINAL                                                  2024




2651      of, and after, any rehabilitation, insolvency, liquidation,
2652      bankruptcy, receivership, conservatorship, reorganization, or
2653      similar proceeding against the corporation under th e laws of
2654      this state.
2655              2.      The proceeding does not relieve the corporation of its
2656      obligation, or otherwise affect its ability to perform its
2657      obligation, to continue to collect, or levy and collect,
2658      assessments, policyholder surcharges or other surcharges under
2659      sub-subparagraph (b)3.j., or any other rights, revenues, or
2660      other assets of the corporation pledged pursuant to any
2661      financing documents.
2662              3.      Each such pledge or sale of, lien upon, and security
2663      interest in, including the priority of such pledge, lien , or
2664      security interest, any such assessments, policyholder surcharges
2665      or other surcharges, or other rights, revenues, or other assets
2666      which are collected, or levied and collected, after the
2667      commencement of and during the pendency of, or after, any such
2668      proceeding shall continue unaffected by such proceeding. As used
2669      in this subsection, the term "financing documents" means any
2670      agreement or agreements, instrument or instruments, or other
2671      document or documents now existing or hereafter created
2672      evidencing any bonds or other indebtedness of the corporation or
2673      pursuant to which any such bonds or other indebtedness has been
2674      or may be issued and pursuant to which any rights, revenues, or
2675      other assets of the corporation are pledged or sold to secure

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          PCS for HB 1503                            ORIGINAL                                                  2024




2676      the repayment of such bonds or indebtedness, together with the
2677      payment of interest on such bonds or such indebtedness, or the
2678      payment of any other obligation or financial product, as defined
2679      in the plan of operation of the corporation related to such
2680      bonds or indebtedness.
2681              4.      Any such pledge or sale of assessments, revenues,
2682      contract rights, or other rights or assets of the corporation
2683      shall constitute a lien and security interest, or sale, as the
2684      case may be, that is immediately effective and attaches to such
2685      assessments, revenues, or contract rights or other rights or
2686      assets, whether or not imposed or collected at the time the
2687      pledge or sale is made. Any such pledge or sale is effective,
2688      valid, binding, and enforceable against the corporation or other
2689      entity making such pledge or sale, and valid and binding against
2690      and superior to any competing claims or obligations owed to any
2691      other person or entity, including policyholders in this state,
2692      asserting rights in any such assessments, revenues, or contract
2693      rights or other rights or assets to the extent set forth in and
2694      in accordance with the terms of the pledge or sale contained in
2695      the applicable financing documents, whether or not any such
2696      person or entity has notice of such pledge or sale and without
2697      the need for any physical delivery, recordation, filing, or
2698      other action.
2699              5.      As long as the corporation has any bonds outstanding,
2700      the corporation may not file a voluntary petition under chapter

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2701      9 of the federal Bankruptcy Code or such corresponding chapter
2702      or sections as may be in effect, from time to time, and a public
2703      officer or any organization, entity, or other person may not
2704      authorize the corporation to be or become a debtor under chapter
2705      9 of the federal Bankruptcy Code or such corresponding chapter
2706      or sections as may be in effect, from time to time, during any
2707      such period.
2708              6.      If ordered by a court of competent jurisdiction, the
2709      corporation may assume policies or otherwise provide coverage
2710      for policyholders of an insurer placed in liquidation under
2711      chapter 631, under such forms, rates, terms, and conditions as
2712      the corporation deems appropriate, subject to approval by the
2713      office.
2714              (x)1.       The following records of the corporation are
2715      confidential and exempt from the provisions of s. 119.07(1) and
2716      s. 24(a), Art. I of the State Constitution:
2717              a.      Underwriting files, except that a policyholder or an
2718      applicant shall have access to his or her own underwriting
2719      files. Confidential and exempt underwriting file records may
2720      also be released to other governmental agencies upon written
2721      request and demonstration of need; such records held by the
2722      receiving agency remain confidential and exempt as provided
2723      herein.
2724              b.      Claims files, until termination of all litigation and
2725      settlement of all claims arising out of the same incident,

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2726      although portions of the claims files may remain exempt, as
2727      otherwise provided by law. Confidential and exempt claims file
2728      records may be released to other governmental agencies upon
2729      written request and demonstration of need; such records held by
2730      the receiving agency remain confidential and exempt as provided
2731      herein.
2732              c.      Records obtained or generated by an internal auditor
2733      pursuant to a routine audit, until the audit is completed, or if
2734      the audit is conducted as part of an investigation, until the
2735      investigation is closed or ceases to be active. An investigation
2736      is considered "active" while the investigation is being
2737      conducted with a reasonable, good faith belief that it could
2738      lead to the filing of administrative, civil, or criminal
2739      proceedings.
2740              d.      Matters reasonably encompassed in privileged attorney-
2741      client communications.
2742              e.      Proprietary information licensed to the corporation
2743      under contract and the contract provides for the confidentiality
2744      of such proprietary information.
2745              f.      All information relating to the medical condition or
2746      medical status of a corporation employee which is not relevant
2747      to the employee's capacity to perform his or her duties, except
2748      as otherwise provided in this paragraph. Information that is
2749      exempt shall include, but is not limited to, information
2750      relating to workers' compensation, insurance benefits, and

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2751      retirement or disability benefits.
2752              g.      Upon an employee's entrance into the employee
2753      assistance program, a program to assist any employee who has a
2754      behavioral or medical disorder, substance abuse problem, or
2755      emotional difficulty that affects the employee's job
2756      performance, all records relative to that participation shall be
2757      confidential and exempt from the provisions of s. 119.07(1) and
2758      s. 24(a), Art. I of the State Constitution, except as otherwise
2759      provided in s. 112.0455(11).
2760              h.      Information relating to negotiations for financing,
2761      reinsurance, depopulation, or contractual services, until the
2762      conclusion of the negotiations.
2763              i.      Minutes of closed meetings regarding underwriting
2764      files, and minutes of closed meetings regarding an open claims
2765      file until termination of all litigation and settlement of all
2766      claims with regard to that claim, except that information
2767      otherwise confidential or exempt by law shall be redacted.
2768              2.      If an authorized insurer is considering underwriting a
2769      risk insured by the corporation, relevant underwriting files and
2770      confidential claims files may be released to the insurer
2771      provided the insurer agrees in writing, notarized and under
2772      oath, to maintain the confidentiality of such files. If a file
2773      is transferred to an insurer, that file is no longer a public
2774      record because it is not held by an agency subject to the
2775      provisions of the public records law. Underwriting files and

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2776      confidential claims files may also be released to sta ff and the
2777      board of governors of the market assistance plan established
2778      pursuant to s. 627.3515, who must retain the confidentiality of
2779      such files, except such files may be released to authorized
2780      insurers that are considering assuming the risks to which th e
2781      files apply, provided the insurer agrees in writing, notarized
2782      and under oath, to maintain the confidentiality of such files.
2783      Finally, the corporation or the board or staff of the market
2784      assistance plan may make the following information obtained from
2785      underwriting files and confidential claims files available to an
2786      entity that has obtained a permit to become an authorized
2787      insurer, a reinsurer that may provide reinsurance under s.
2788      624.610, a licensed reinsurance broker, a licensed rating
2789      organization, a modeling company, a licensed surplus lines
2790      agent, or a licensed general lines insurance agent: name,
2791      address, and telephone number of the residential property owner
2792      or insured; location of the risk; rating information; loss
2793      history; and policy type. The receiving person must retain the
2794      confidentiality of the information received and may use the
2795      information only for the purposes of developing a take-out plan
2796      or a rating plan to be submitted to the office for approval or
2797      otherwise analyzing the underwriting of a risk or risks insured
2798      by the corporation on behalf of the private insurance market. A
2799      licensed surplus lines agent or a licensed general lines
2800      insurance agent may not use such information for the direct

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2801      solicitation of policyholders.
2802              3.      A policyholder who has filed suit against the
2803      corporation has the right to discover the contents of his or her
2804      own claims file to the same extent that discovery of such
2805      contents would be available from a private insurer in litigation
2806      as provided by the Florida Rules of Civil Procedure, the Florida
2807      Evidence Code, and other applicable law. Pursuant to subpoena, a
2808      third party has the right to discover the contents of an
2809      insured's or applicant's underwriting or claims file to the same
2810      extent that discovery of such contents would be available from a
2811      private insurer by subpoena as provided by the Florida Rules of
2812      Civil Procedure, the Florida Evidence Code, and other applicable
2813      law, and subject to any confidentiality protections requested by
2814      the corporation and agreed to by the seeking party or ordered by
2815      the court. The corporation may release confidential underwriting
2816      and claims file contents and information as it deems necessary
2817      and appropriate to underwrite or service insurance policies and
2818      claims, subject to any confidentiality protections deemed
2819      necessary and appropriate by the corporation.
2820              4.      Portions of meetings of the corporation are exempt from
2821      the provisions of s. 286.011 and s. 24(b), Art. I of the State
2822      Constitution wherein confidential underwriting files or
2823      confidential open claims files are discussed. All portions of
2824      corporation meetings which are closed to the public shall be
2825      recorded by a court reporter. The court reporter shall record

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          PCS for HB 1503                            ORIGINAL                                                  2024




2826      the times of commencement and termination of the meeting, all
2827      discussion and proceedings, the names of all persons present at
2828      any time, and the names of all persons speaking. No portion of
2829      any closed meeting shall be off the record. Subject to the
2830      provisions hereof and s. 119.07(1)(d)-(f), the court reporter's
2831      notes of any closed meeting shall be retained by the corporation
2832      for a minimum of 5 years. A copy of the transcript, less any
2833      exempt matters, of any closed meeting wherein claims are
2834      discussed shall become public as to individual claims after
2835      settlement of the claim.
2836              (y)         It is the intent of the Legislature that the
2837      amendments to this subsection enacted in 2002 should, over time,
2838      reduce the probable maximum windstorm losses in the residual
2839      markets and the potential assessments to be levied on property
2840      insurers and policyholders statewide.
2841              (z)         In enacting the provisions of this section, the
2842      Legislature recognizes that both the Florida Windstorm
2843      Underwriting Association and the Residential Property and
2844      Casualty Joint Underwriting Association have entered into
2845      financing arrangements that obligate each entity to service its
2846      debts and maintain the capacity to repay funds secured under
2847      these financing arrangements. It is the intent of the
2848      Legislature that nothing in this section be construed to
2849      compromise, diminish, or interfere with the rights of creditors
2850      under such financing arrangements. It is further the intent of

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          PCS for HB 1503                            ORIGINAL                                                  2024




2851      the Legislature to preserve the obligations of the Florida
2852      Windstorm Underwriting Association and Residential Property and
2853      Casualty Joint Underwriting Association with regard to
2854      outstanding financing arrangements, with such obligations
2855      passing entirely and unchanged to the corporation and,
2856      specifically, to the Citizens applicable account of the
2857      corporation. So long as any bonds, notes, indebtedness, or other
2858      financing obligations of the Florida Windstorm Underwriting
2859      Association or the Residential Property and Casualty Joint
2860      Underwriting Association are outstanding, under the terms of the
2861      financing documents pertaining to them, the governing board of
2862      the corporation shall have and shall exercise the authority to
2863      levy, charge, collect, and receive all premiums, assessments,
2864      surcharges, charges, revenues, and receipts that the
2865      associations had authority to levy, charge, collect, or receive
2866      under the provisions of subsection (2) and this subsection,
2867      respectively, as they existed on January 1, 2002, to provide
2868      moneys, without exercise of the authority provided by this
2869      subsection, in at least the amounts, and by the times, as would
2870      be provided under those former provisions of subsection (2) or
2871      this subsection, respectively, so that the value, amount, and
2872      collectability of any assets, revenues, or revenue source
2873      pledged or committed to, or any lien thereon securing such
2874      outstanding bonds, notes, indebtedness, or other financing
2875      obligations will not be diminished, impaired, or adversely

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          PCS for HB 1503                            ORIGINAL                                                  2024




2876      affected by the amendments made by this act and to permit
2877      compliance with all provisions of financing documents pertaining
2878      to such bonds, notes, indebtedness, or other financing
2879      obligations, or the security or credit enhancement for them, and
2880      any reference in this subsection to bonds, notes, indebtedness,
2881      financing obligations, or similar obligations, of the
2882      corporation shall include like instruments or contracts of the
2883      Florida Windstorm Underwriting Association and the Residential
2884      Property and Casualty Joint Underwriting Association to the
2885      extent not inconsistent with the provisions of the financing
2886      documents pertaining to them.
2887              (aa)        Except as otherwise provided in this paragraph, the
2888      corporation shall require the securing and maintaining of flood
2889      insurance as a condition of coverage of a personal lines
2890      residential risk. The insured or applicant must execute a form
2891      approved by the office affirming that flood insurance is not
2892      provided by the corporation and that if flood insurance is not
2893      secured by the applicant or insured from an insurer other than
2894      the corporation and in addition to coverage by the corporation,
2895      the risk will not be eligible for coverage by the corporation.
2896      The corporation may deny coverage of a personal lines
2897      residential risk to an applicant or insured who refuses to
2898      secure and maintain flood insurance. The requirement to purchase
2899      flood insurance shall be implemented as follows:
2900              1.      Except as provided in subparagraphs 2. and 3., all

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          PCS for HB 1503                            ORIGINAL                                                  2024




2901      personal lines residential policyholders must have flood
2902      coverage in place for policies effective on or after:
2903              a.      January 1, 2024, for a structure that has a dwelling
2904      replacement cost of $600,000 or more.
2905              b.      January 1, 2025, for a structure that has a dwe lling
2906      replacement cost of $500,000 or more.
2907              c.      January 1, 2026, for a structure that has a dwelling
2908      replacement cost of $400,000 or more.
2909              d.      January 1, 2027, for all other personal lines
2910      residential property insured by the corporation.
2911              2.      All personal lines residential policyholders whose
2912      property insured by the corporation is located within the
2913      special flood hazard area defined by the Federal Emergency
2914      Management Agency must have flood coverage in place:
2915              a.      At the time of initial policy issuance for all new
2916      personal lines residential policies issued by the corporation on
2917      or after April 1, 2023.
2918              b.      By the time of the policy renewal for all personal
2919      lines residential policies renewing on or after July 1, 2023.
2920              3.      Policyholders are not required to purchase flood
2921      insurance as a condition for maintaining the following policies
2922      issued by the corporation:
2923              a.      Policies that do not provide coverage for the peril of
2924      wind.
2925              b.      Policies that provide coverage under a condominium unit

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2926      owners form.
2927
2928      The flood insurance required under this paragraph must meet, at
2929      a minimum, the coverage available from the National Flood
2930      Insurance Program or the requirements of subparagraphs s.
2931      627.715(1)(a)1., 2., and 3.
2932              (bb)        A salaried employee of the corporation who performs
2933      policy administration services subsequent to the effectuation of
2934      a corporation policy is not required to be licensed as an agent
2935      under the provisions of s. 626.112.
2936              (cc)        There shall be no liability on the part of, and no
2937      cause of action of any nature shall arise against, producing
2938      agents of record of the corporation or employees of such agents
2939      for insolvency of any take-out insurer.
2940              (dd)        The assets of the corporation may be invested and
2941      managed by the State Board of Administration.
2942              (ee)        The office may establish a pilot program to offer
2943      optional sinkhole coverage in one or more counties or other
2944      territories of the corporation for the purpose of implementing
2945      s. 627.706, as amended by s. 30, chapter 2007-1, Laws of
2946      Florida. Under the pilot program, the corporation is not
2947      required to issue a notice of nonrenewal to exclude sinkhole
2948      coverage upon the renewal of existing policies, but may exclude
2949      such coverage using a notice of coverage change.
2950              (ff)        In establishing replacement costs for coverage on a

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2951      dwelling insured by the corporation, the corporation must accept
2952      a valuation from any of the following sources and must use the
2953      lowest valuation as the insured value of the dwelling, excluding
2954      land value, provided the valuation was completed within the 12
2955      months before the application or renewal date of coverage:
2956              1.      A replacement cost valuation software that is
2957      specifically designed for use in establishing insurance
2958      replacement costs and that includes an itemized calculation of
2959      the cost of reconstruction;
2960              2.      A replacement cost valuation prepared by a certified or
2961      licensed real estate appraiser under part II of chapter 475 that
2962      is specifically formulated to establish insurance replacement
2963      cost, rather than market value, and which includes an itemized
2964      calculation of the cost of reconstruction; or
2965              3.      A replacement cost valuation prepared by a general,
2966      building, or residential contractor licensed under s. 489.113,
2967      or a professional engineer licensed under s. 471.015, which
2968      includes an itemized calculation of the total price of
2969      reconstruction.
2970              (gg)        The Office of Inspector General is established within
2971      the corporation to provide a central point for coordination of
2972      and responsibility for activities that promote accountability,
2973      integrity, and efficiency. The office shall be headed by an
2974      inspector general, which is a senior management position that
2975      involves planning, coordinating, and performing activities

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2976      assigned to and assumed by the inspector general for the
2977      corporation.
2978              1.      The inspector general shall be appointed by the
2979      Financial Services Commission and may only be removed from
2980      office by the commission. The inspector general shall be
2981      appointed without regard to political affiliation.
2982              a.      At a minimum, the inspector general must possess a
2983      bachelor's degree from an accredited college or university and 8
2984      years of professional experience related to the duties of an
2985      inspector general as described in this paragraph, of which 5
2986      years must have been at a supervisory level.
2987              b.      The inspector general shall report to, and be under the
2988      supervision of, the chair of the board of governors. The
2989      executive director or corporation staff may not prevent or
2990      prohibit the inspector general from initiating, carrying out, or
2991      completing any audit, review, evaluation, study, or
2992      investigation.
2993              2.      The inspector general shall initiate, direct,
2994      coordinate, participate in, and perform audits, reviews,
2995      evaluations, studies, and investigations designed to assess
2996      management practices; compliance with laws, rules, and policies;
2997      and program effectiveness and efficiency. This includes:
2998              a.      Conducting internal examinations; investigating
2999      allegations of fraud, waste, abuse, malfeasance, mismanagement,
3000      employee misconduct, or violations of corporation policies; and

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          PCS for HB 1503                            ORIGINAL                                                  2024




3001      conducting any other investigations as directed by the Financial
3002      Services Commission or as independently determined.
3003              b.      Evaluating and recommending actions regarding security,
3004      the ethical behavior of personnel and vendors, and compliance
3005      with rules, laws, policies, and personnel matters; and rendering
3006      ethics opinions.
3007              c.      Evaluating personnel and administrative policy
3008      compliance, management and operational matters, and human
3009      resources-related matters.
3010              d.      Evaluating the application of a corporation code of
3011      ethics, providing reviews and recommendations on the design and
3012      content of ethics-related policy training courses, educating
3013      employees on the code and on appropriate conduct, and checking
3014      for compliance.
3015              e.      Evaluating the activities of the senior management team
3016      and management's compliance with recommended solutions.
3017              f.      Cooperating and coordinating activities with the chief
3018      of internal audit.
3019              g.      Maintaining records of investigations and discipline in
3020      accordance with established policies, or as otherwise required.
3021              h.      Supervising and directing the tasks and assignments of
3022      the staff assigned to assist with the inspector general's
3023      projects, including regular review and feedback regarding work
3024      in progress and providing recommendations regarding relevant
3025      training and staff development activities.

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          PCS for HB 1503                            ORIGINAL                                                  2024




3026              i.      Directing, planning, preparing, and presenting interim
3027      and final reports and oral briefings which communicate the
3028      results of studies, reviews, and investigations.
3029              j.      Providing the executive director with independent and
3030      objective assessments of programs and activities.
3031              k.      Completing special projects, assignments, and other
3032      duties as requested by the Financial Services Commission.
3033              l.      Reporting expeditiously to the Department of Law
3034      Enforcement or other law enforcement agencies, as appropriate,
3035      whenever the inspector general has reasonable grounds to believe
3036      there has been a violation of criminal law.
3037              (hh)        The corporation shall prepare a report for each
3038      calendar year outlining both the statewide average and county -
3039      specific details of the loss ratio attributable to losses that
3040      are not catastrophic losses for residential coverage provided by
3041      the corporation, which information must be presented to the
3042      office and available for public inspection on the Internet
3043      website of the corporation by March 1 of the following calendar
3044      year.
3045              (ii)        The corporation shall revise the programs adopted
3046      pursuant to sub-subparagraph (q)3.a. for personal lines
3047      residential policies to maximize policyholder options and
3048      encourage increased participation by insurers and agents. After
3049      January 1, 2017, a policy may not be taken out of the
3050      corporation unless the provisions of this paragraph are met.

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          PCS for HB 1503                            ORIGINAL                                                  2024




3051              1.      The corporation must publish a periodic schedule of
3052      cycles during which an insurer may identify, and noti fy the
3053      corporation of, policies that the insurer is requesting to take
3054      out. A request must include a description of the coverage
3055      offered and an estimated premium and must be submitted to the
3056      corporation in a form and manner prescribed by the corporation.
3057              2.      The corporation must maintain and make available to the
3058      agent of record a consolidated list of all insurers requesting
3059      to take out a policy. The list must include a description of the
3060      coverage offered and the estimated premium for each take -out
3061      request.
3062              3.      If a policyholder receives a take-out offer from an
3063      authorized insurer, the risk is no longer eligible for coverage
3064      with the corporation unless the premium for coverage from the
3065      authorized insurer is more than 20 percent greater than the
3066      renewal premium for comparable coverage from the corporation
3067      pursuant to sub-subparagraph (c)5.c. This subparagraph applies
3068      to take-out offers that are part of an application to
3069      participate in depopulation submitted to the office on or after
3070      January 1, 2023. However, notwithstanding any other provision of
3071      law, this sub-subparagraph does not apply to a policy that does
3072      not cover a primary residence.
3073              4.      The corporation must provide written notice to the
3074      policyholder and the agent of record regarding all insurers
3075      requesting to take out the policy. The notice must be in a

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          PCS for HB 1503                            ORIGINAL                                                  2024




3076      format prescribed by the corporation and include, for each take -
3077      out offer:
3078              a.      The amount of the estimated premium;
3079              b.      A description of the coverage; and
3080              c.      A comparison of the estimated premium and coverage
3081      offered by the insurer to the estimated premium and coverage
3082      provided by the corporation.
3083              (jj)        The corporation's budget allocations for the
3084      compensation of all corporation employees and any proposed raise
3085      for an individual employee exceeding 10 percent of that
3086      employee's current salary must be approved by the board of
3087      governors. The corporation must have an overall employee
3088      compensation plan approved by the board of governors.
3089              (kk)        A corporation policyholder making a claim for water
3090      damage against the corporation has the burden of proving that
3091      the damage was not caused by flooding.
3092              (ll)        The corporation may share its claims data with the
3093      National Insurance Crime Bureau, provided that the National
3094      Insurance Crime Bureau agrees to maintain the confidentiality of
3095      such documents as otherwise provided for in paragraph (x).
3096              (mm)(ll)1.         In addition to any other method of alternative
3097      dispute resolution authorized by state law, the corporation may
3098      adopt policy forms that provide for the resolution of disputes
3099      regarding its claim determinations, including disputes regarding
3100      coverage for, or the scope and value of, a claim, in a

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          PCS for HB 1503                            ORIGINAL                                                  2024




3101      proceeding before the Division of Administrative Hearings. Any
3102      such policies are not subject to s. 627.70154. All proceedings
3103      in the Division of Administrative Hearings pursuant to such
3104      policies are subject to ss. 57.105 and 768.79 as if filed in the
3105      courts of this state and are not considered chapter 120
3106      administrative proceedings. Rule 1.442, Florida Rules of Civil
3107      Procedure, applies to any offer served pursuant to s. 768.79,
3108      except that, notwithstanding any provision in Rule 1.442,
3109      Florida Rules of Civil Procedure, to the contrary, an offer
3110      shall not be served earlier than 10 days after filing the
3111      request for hearing with the Division of Administrative Hearings
3112      and shall not be served later than 10 days before the date set
3113      for the final hearing. The administrative law judge in such
3114      proceedings shall award attorney fees and other relief pursuant
3115      to ss. 57.105 and 768.79. The corporation may not seek, and the
3116      office may not approve, a maximum hourly rate for attorney fees.
3117              2.      The corporation may contract with the division to
3118      conduct proceedings to resolve disputes regarding its claim
3119      determinations as may be provided for in the applicable policies
3120      of insurance.
3121              (nn)(mm)          The corporation may not determine that a risk is
3122      ineligible for coverage with the corporation solely because such
3123      risk has unrepaired damage caused by a covered loss that is the
3124      subject of a claim that has been filed with the Florida
3125      Insurance Guaranty Association. This paragraph applies to a risk

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          PCS for HB 1503                            ORIGINAL                                                  2024




3126      until the earlier of 24 months after the date the Florida
3127      Insurance Guaranty Association began servicing such claim or the
3128      Florida Insurance Guaranty Association closes the claim.
3129              (7)         TRADEMARKS, COPYRIGHTS, OR PATENTS.—Notwithstanding
3130      any other provision of law to the contrary, the corporation may,
3131      in its own name:
3132              (a)         Perform all things necessary to secure letters of
3133      patent, copyrights, or trademarks on any work products and
3134      enforce its rights therein.
3135              (b)         License, lease, assign, or otherwise give written
3136      consent to any person, firm, or corporation for the manufacture
3137      or use thereof, on a royalty basis or for such other
3138      consideration as the corporation deems proper.
3139              (c)         Take any action necessary, including legal action, to
3140      protect the manufacture or use thereof against improper or
3141      unlawful use or infringement.
3142              (d)         Enforce the collection of any sums due the corporation
3143      for the manufacture or use thereof by any other party.
3144              (e)         Sell any of the manufacture or use thereof and execute
3145      all instruments necessary to consummate any such sale.
3146              (f)         Do all other acts necessary and proper for the
3147      execution of powers and duties conferred upon the corporation in
3148      order to administer this paragraph.
3149              Section 2.         Subsections (3) and (5) and paragraphs (d),
3150      (e), and (f) of subsection (6) of section 627.3511, Florida

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          PCS for HB 1503                             ORIGINAL                                                  2024




3151      Statutes, are amended to read:
3152              627.3511           Depopulation of Citizens Property Insurance
3153      Corporation.—
3154              (3)         EXEMPTION FROM DEFICIT ASSESSMENTS.—
3155              (a)         The calculation of an insurer's assessment liability
3156      under s. 627.351(6)(b)3.a. shall, for an insurer that in any
3157      calendar year removes 50,000 or more risks from the Citizens
3158      Property Insurance Corporation, either by issuance of a policy
3159      upon expiration or cancellation of the corporation policy or by
3160      assumption of the corporation's obligations with respect to in-
3161      force policies, exclude such removed policies for the succeeding
3162      3 years, as follows:
3163              1.      In the first year following removal of the risks, the
3164      risks are excluded from the calculation to the extent of 100
3165      percent.
3166              2.      In the second year following removal of the risks, the
3167      risks are excluded from the calculation to the extent of 75
3168      percent.
3169              3.      In the third year following removal of the risks, the
3170      risks are excluded from the calculation to the extent of 50
3171      percent.
3172
3173      If the removal of risks is accomplished through assumption of
3174      obligations with respect to in-force policies, the corporation
3175      shall pay to the assuming insurer all unearned premium with

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          PCS for HB 1503                            ORIGINAL                                                  2024




3176      respect to such policies less any policy acquisition costs
3177      agreed to by the corporation and assuming insurer. The term
3178      "policy acquisition costs" is defined as costs of issuance of
3179      the policy by the corporation which includes agent commissions,
3180      servicing company fees, and premium tax. This paragraph does not
3181      apply to an insurer that, at any time within 5 years before
3182      removing the risks, had a market share in excess of 0.1 percent
3183      of the statewide aggregate gross direct written premium for any
3184      line of property insurance, or to an affiliate of such an
3185      insurer. This paragraph does not apply unless either at least 40
3186      percent of the risks removed from the corporation are located in
3187      Miami-Dade, Broward, and Palm Beach Counties, or at least 30
3188      percent of the risks removed from the corporation are located in
3189      such counties and an additional 50 percent of the risks removed
3190      from the corporation are located in other coastal counties.
3191              (b)         An insurer that first wrote personal lines residential
3192      property coverage in this state on or after July 1, 1994, is
3193      exempt from regular deficit assessments imposed pursuant to s.
3194      627.351(6)(b)3.a., but not emergency assessments collected from
3195      policyholders pursuant to s. 627.351(6)(b)3.e., of th e Citizens
3196      Property Insurance Corporation until the earlier of the
3197      following:
3198              1.      The end of the calendar year in which it first wrote
3199      0.5 percent or more of the statewide aggregate direct written
3200      premium for any line of residential property coverage; or

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          PCS for HB 1503                            ORIGINAL                                                  2024




3201              2.      December 31, 1997, or December 31 of the third year in
3202      which it wrote such coverage in this state, whichever is later.
3203              (c)         Other than an insurer that is exempt under paragraph
3204      (b), an insurer that in any calendar year increases its total
3205      structure exposure subject to wind coverage by 25 percent or
3206      more over its exposure for the preceding calendar year is, with
3207      respect to that year, exempt from deficit assessments imposed
3208      pursuant to s. 627.351(6)(b)3.a., but not emergency assessments
3209      collected from policyholders pursuant to s. 627.351(6)(b)3.e.,
3210      of the Citizens Property Insurance Corporation attributable to
3211      such increase in exposure.
3212              (d)         Any exemption or credit from regular assessments
3213      authorized by this section shall last no longer than 3 years
3214      following the cancellation or expiration of the policy by the
3215      corporation. With the approval of the office, the board may
3216      extend such credits for an additional year if the insurer
3217      guarantees an additional year of renewability for all policies
3218      removed from the corporation, or for 2 additional years if the
3219      insurer guarantees 2 additional years of renewability for all
3220      policies so removed.
3221              (5)         APPLICABILITY.—
3222              (a)         The take-out bonus provided by subsection (2) applies
3223      and the exemption from assessment provided by paragraph (3)(a)
3224      apply only if the corporation policy is replaced by a standard
3225      policy including wind coverage or, if consistent with the

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          PCS for HB 1503                            ORIGINAL                                                  2024




3226      insurer's underwriting rules filed with the office, a basic
3227      policy including wind coverage; however, for risks locat ed in
3228      areas where coverage through the coastal account of the
3229      corporation is available, the replacement policy need not
3230      provide wind coverage. The insurer must renew the replacement
3231      policy at approved rates on substantially similar terms for four
3232      additional 1-year terms, unless canceled or not renewed by the
3233      policyholder. If an insurer assumes the corporation's
3234      obligations for a policy, it must issue a replacement policy for
3235      a 1-year term upon expiration of the corporation policy and must
3236      renew the replacement policy at approved rates on substantially
3237      similar terms for four additional 1-year terms, unless canceled
3238      or not renewed by the policyholder. For each replacement policy
3239      canceled or nonrenewed by the insurer for any reason during the
3240      5-year coverage period, the insurer must remove from the
3241      corporation one additional policy covering a risk similar to the
3242      risk covered by the canceled or nonrenewed policy. In addition,
3243      the corporation must place the bonus moneys in escrow for 5
3244      years; such moneys may be released from escrow only to pay
3245      claims. If the policy is canceled or nonrenewed before the end
3246      of the 5-year period, the amount of the take-out bonus must be
3247      prorated for the time period the policy was insured. A take-out
3248      bonus provided by subsection (2) or subsection (6) is not
3249      premium income for purposes of taxes and assessments under the
3250      Florida Insurance Code and remains the property of the

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          PCS for HB 1503                            ORIGINAL                                                  2024




3251      corporation, subject to the prior security interest of the
3252      insurer under the escrow agreement until it is released from
3253      escrow; after it is released from escrow it is considered an
3254      asset of the insurer and credited to the insurer's capital and
3255      surplus.
3256              (b)         It is the intent of the Legislature that an insurer
3257      eligible for the exemption under paragraph (3)(a) establish a
3258      preference in appointment of agents for those agents who lose a
3259      substantial amount of business as a result of risks being
3260      removed from the corporation.
3261              (6)         COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.—
3262              (d)         The calculation of an insurer's regular assessment
3263      liability under s. 627.351(6)(b)3.a., but not emergency
3264      assessments collected from policyholders pursuant to s.
3265      627.351(6)(b)3.e., shall, with respect to commercial residential
3266      policies removed from the corporation under an approved take -out
3267      plan, exclude such removed policies for the succeeding 3 years,
3268      as follows:
3269              1.      In the first year following removal of the policies,
3270      the policies are excluded from the calculation to the extent of
3271      100 percent.
3272              2.      In the second year following removal of the policies,
3273      the policies are excluded from the calculation to the extent of
3274      75 percent.
3275              3.      In the third year following removal of the policies,

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          PCS for HB 1503                            ORIGINAL                                                  2024




3276      the policies are excluded from the calculation to the extent of
3277      50 percent.
3278              (e)         An insurer that first wrote commercial residential
3279      property coverage in this state on or after June 1, 1996, is
3280      exempt from regular assessments under s. 627.351(6)(b)3.a., but
3281      not emergency assessments collected from policyholders pursuant
3282      to s. 627.351(6)(b)3.e., with respect to commercial res idential
3283      policies until the earlier of:
3284              1.      The end of the calendar year in which such insurer
3285      first wrote 0.5 percent or more of the statewide aggregate
3286      direct written premium for commercial residential property
3287      coverage; or
3288              2.      December 31 of the third year in which such insurer
3289      wrote commercial residential property coverage in this state.
3290              (f)         An insurer that is not otherwise exempt from regular
3291      assessments under s. 627.351(6)(b)3.a. with respect to
3292      commercial residential policies is, for any calendar year in
3293      which such insurer increased its total commercial residential
3294      hurricane exposure by 25 percent or more over its exposure for
3295      the preceding calendar year, exempt from regular assessments
3296      under s. 627.351(6)(b)3.a., but not emergency assessments
3297      collected from policyholders pursuant to s. 627.351(6)(b)3.e.,
3298      attributable to such increased exposure.
3299              Section 3.         Subsections (5), (6), and (7) of section
3300      627.3518, Florida Statutes, are amended to read:

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          PCS for HB 1503                             ORIGINAL                                                  2024




3301              627.3518           Citizens Property Insurance Corporation
3302      policyholder eligibility clearinghouse program.—The purpose of
3303      this section is to provide a framework for the corporation to
3304      implement a clearinghouse program by January 1, 2014.
3305              (5)         Notwithstanding s. 627.3517, any applicant for new
3306      coverage from the corporation is not eligible for coverage from
3307      the corporation if provided an offer of coverage from an
3308      authorized insurer through the program at a premium that is at
3309      or below the eligibility threshold for applicants for new
3310      coverage established in s. 627.351(6)(c)5.a. Whenever an offer
3311      of coverage for a personal lines risk is received for a
3312      policyholder of the corporation at renewal from an authorized
3313      insurer through the program which is at or below the eligibility
3314      threshold for policyholders of the corporation established in s.
3315      627.351(6)(c)5.a., the risk is not eligible for coverage with
3316      the corporation. In the event an offer of coverage for a new
3317      applicant is received from an authorized insurer through the
3318      program, and the premium offered exceeds the eligibility
3319      threshold for applicants for new coverage established in s.
3320      627.351(6)(c)5.a., the applicant or insured may elect to accept
3321      such coverage, or may elect to accept or continue coverage with
3322      the corporation. In the event an offer of coverage for a
3323      personal lines risk is received from an authorized insurer at
3324      renewal through the program, and the premium offered exceeds the
3325      eligibility threshold for policyholders of the corporation

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          PCS for HB 1503                            ORIGINAL                                                  2024




3326      established in s. 627.351(6)(c)5.a., the insured may elect to
3327      accept such coverage, or may elect to accept or continue
3328      coverage with the corporation. Section 627.351(6)(c)5.a.(I) does
3329      not apply to an offer of coverage from an authorized insurer
3330      obtained through the program. However, notwithstanding any other
3331      provision of law, this subsection does not apply to a policy
3332      that does not cover a primary residence. As used in this
3333      subsection, the term "primary residence" has the same meaning as
3334      in sub-subparagraph s. 627.351(6)(c)2.a.
3335              (6)         Independent insurance agents submitting new
3336      applications for coverage or that are the agent of record on a
3337      renewal policy submitted to the program:
3338              (a)         Are granted and must maintain ownership and the
3339      exclusive use of expirations, records, or other written or
3340      electronic information directly related to such applications or
3341      renewals written through the corporation or through an insurer
3342      participating in the program, notwithstanding s.
3343      627.351(6)(c)5.a.(I)(B) and (II)(B). Such ownership is granted
3344      for as long as the insured remains with the agency or until sold
3345      or surrendered in writing by the agent. Contracts with the
3346      corporation or required by the corporation must not amend,
3347      modify, interfere with, or limit such rights of ownership. Such
3348      expirations, records, or other written or electronic information
3349      may be used to review an application, issue a policy, or for any
3350      other purpose necessary for placing such business through the

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          PCS for HB 1503                            ORIGINAL                                                  2024




3351      program.
3352              (b)         May not be required to be appointed by any insurer
3353      participating in the program for policies written solely through
3354      the program, notwithstanding the provisions of s. 626.112.
3355              (c)         May accept an appointment from any insurer
3356      participating in the program.
3357              (d)         May enter into either a standard or limited agency
3358      agreement with the insurer, at the insurer's option.
3359
3360      Applicants ineligible for coverage in accordance with subsection
3361      (5) remain ineligible if their independent agent is unwilling or
3362      unable for any reason, including the failure of such agent to be
3363      licensed as a surplus lines agent, to enter into a standard or
3364      limited agency agreement with an insurer participating in the
3365      program.
3366              (7)         Exclusive agents submitting new applications for
3367      coverage or that are the agent of record on a renewal policy
3368      submitted to the program:
3369              (a)         Must maintain ownership and the exclusive use of
3370      expirations, records, or other written or electronic information
3371      directly related to such applications or renewals written
3372      through the corporation or through an insurer participating in
3373      the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
3374      (II)(B). Contracts with the corporation or required by the
3375      corporation must not amend, modify, interfere with, or limit

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          PCS for HB 1503                            ORIGINAL                                                  2024




3376      such rights of ownership. Such expirations, records, or other
3377      written or electronic information may be used to review an
3378      application, issue a policy, or for any other purpose necessary
3379      for placing such business through the program.
3380              (b)         May not be required to be appointed by any insurer
3381      participating in the program for policies written solely through
3382      the program, notwithstanding the provisions of s. 626.112.
3383              (c)         Must only facilitate the placement of an offer of
3384      coverage from an insurer whose limited servicing agreement is
3385      approved by that exclusive agent's exclusive insurer.
3386              (d)         May enter into a limited servicing agreement with the
3387      insurer making an offer of coverage, and only after the
3388      exclusive agent's insurer has approved the limited servicing
3389      agreement terms. The exclusive agent's insurer must approve a
3390      limited service agreement for the program for any insurer for
3391      which it has approved a service agreement for other purposes.
3392
3393      Applicants ineligible for coverage in accordance with subsection
3394      (5) remain ineligible if their exclusive agent is unwilling or
3395      unable for any reason, including the failure of such agent to be
3396      licensed as a surplus lines agent, to enter into a standard or
3397      limited agency agreement with an insurer making an offer of
3398      coverage to that applicant. This subsection does not apply to an
3399      authorized insurer that is an eligible surplus lines insurer.
3400              Section 4.         Effective upon becoming law, paragraph (aa) of

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          PCS for HB 1503                            ORIGINAL                                                  2024




3401      subsection (6) of section 627.351, Florida Statutes, is amended
3402      to read:
3403              627.351        Insurance risk apportionment plans.—
3404              (6)         CITIZENS PROPERTY INSURANCE CORPORATION.—
3405              (aa)        Except as otherwise provided in this paragraph, the
3406      corporation shall require the securing and maintaining of flood
3407      insurance as a condition of coverage of a personal lines
3408      residential risk. The insured or applicant must execute a form
3409      approved by the office affirming that flood insurance is not
3410      provided by the corporation and that if flood insurance is not
3411      secured by the applicant or insured from an insurer other than
3412      the corporation and in addition to coverage by the corporation,
3413      the risk will not be eligible for coverage by the corporation.
3414      The corporation may deny coverage of a personal lines
3415      residential risk to an applicant or insured who refuses to
3416      secure and maintain flood insurance. The requirement to purchase
3417      flood insurance shall be implemented as follows:
3418              1.      Except as provided in subparagraphs 2. and 3., all
3419      personal lines residential policyholders must have flood
3420      coverage in place for policies effective on or after:
3421              a.      January 1, 2024, for a structure that has a dwelling
3422      replacement cost of $600,000 or more.
3423              b.      January 1, 2025, for a structure that has a dwelling
3424      replacement cost of $500,000 or more.
3425              c.      January 1, 2026, for a structure that has a dwelling

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          PCS for HB 1503                            ORIGINAL                                                  2024




3426      replacement cost of $400,000 or more.
3427              d.      January 1, 2027, for all other personal lines
3428      residential property insured by the corporation.
3429              2.      All personal lines residential policyholders whose
3430      property insured by the corporation is located within the
3431      special flood hazard area defined by the Federal Emergency
3432      Management Agency must have flood coverage in place:
3433              a.      At the time of initial policy issuance for all new
3434      personal lines residential policies issued by the corporation on
3435      or after April 1, 2023.
3436              b.      By the time of the policy renewal for all personal
3437      lines residential policies renewing on or after July 1, 2023.
3438              3.      Policyholders are not required to purchase flood
3439      insurance as a condition for maintaining the following policies
3440      issued by the corporation:
3441              a.      Policies that do not provide coverage for the peril of
3442      wind.
3443              b.      Policies that provide coverage under a condominium uni t
3444      owners form.
3445
3446      The flood insurance required under this paragraph must meet, at
3447      a minimum, the dwelling coverage available from the National
3448      Flood Insurance Program or the requirements of subparagraphs s.
3449      627.715(1)(a)1., 2., and 3.
3450              Section 5.         Except as otherwise expressly provided in this

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          PCS for HB 1503                            ORIGINAL                                                  2024




3451      act and except for this section, which shall take effect upon
3452      this act becoming a law, this act shall take effect July 1,
3453      2024.




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                        INSURANCE & BANKING SUBCOMMITTEE

                               PCS for HB 1503 by Esposito
                         Citizens Property Insurance Corporation

                                   AMENDMENT SUMMARY
                                      February 1, 2024

Amendment 1 by Rep. Esposito (Line 3128): Establishes an alternative determination for
eligibility for Citizens Property Insurance (Citizens) for certain properties as follows:
     • In a county that Office of Insurance Regulation (OIR) has not determined to lack
           reasonable competition (currently all counties except Miami-Dade and Monroe), OIR
           may evaluate whether there is a reasonable degree of competition within zip codes in
           that county;
     • If OIR determines that zip codes within that county lack a reasonable degree of
           competition, then, within those zip codes, Citizens coverage eligibility for single-family
           homes and single condominium units includes structures with dwelling replacement
           costs, and single condominium units with combined dwelling and contents replacement
           costs, between $700,000 and $1 million.
               o The rate charged for policies issued to these properties must be actuarially
                   sound and noncompetitive with the private market.

The amendment does not affect the glidepath controlled eligibility exception applicable to
counties that currently lack a reasonable degree of competition within a county (currently,
Miami-Dade and Monroe).

Amendments 2 and 3 by Rep. Esposito (Lines 693 and 2264): Preserves current law
regarding the eligibility of properties valued between $700,000 and $1 million for Citizens
coverage in counties where OIR has determined there is not a reasonable degree of
competition. (These counties are currently Miami-Dade and Monroe).
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 1503   (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                     (Y/N)
       ADOPTED AS AMENDED          (Y/N)
       ADOPTED W/O OBJECTION       (Y/N)
       FAILED TO ADOPT             (Y/N)
       WITHDRAWN                   (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Insurance & Banking
 2     Subcommittee
 3     Representative Esposito offered the following:
 4
 5          Amendment (with title amendment)
 6          Between lines 3128 and 3129, insert:
 7          (oo) In a county that has not been determined to lack a
 8     reasonable degree of competition at the county level pursuant to
 9     sub-subparagraph (6)(a)3.a. the office may evaluate whether
10     there is a reasonable degree of competition within an individual
11     zip code in a county. If the office determines that such zip
12     code lacks a reasonable degree of competition, then structures
13     with dwelling replacement costs between $700,000 and $1 million,
14     and single condominium units that have a combined dwelling and
15     contents replacement cost between $700,000 and $1 million are
16     eligible for coverage by the corporation. However, the rate
     PCS for HB 1503 a1
      Published On: 1/31/2024 8:35:34 PM
                                  Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 1503   (2024)
       Amendment No. 1


17     charged for policies issued on these risks is not subject to
18     subparagraph (n)5.
19
20
21           -----------------------------------------------------
22                          T I T L E   A M E N D M E N T
23          Remove line 62 and insert:
24     with a specified entity; creating new eligibility criteria for
25     coverage by the corporation; amending s. 627.3511, F.S.;




     PCS for HB 1503 a1
      Published On: 1/31/2024 8:35:34 PM
                                    Page 2 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 1503     (2024)
       Amendment No. 2




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Insurance & Banking
 2     Subcommittee
 3     Representative Esposito offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 693-708 and insert:
 7          a.d.    Effective January 1, 2017, a structure that has a
 8     dwelling replacement cost of $700,000 or more, or a single
 9     condominium unit that has a combined dwelling and contents
10     replacement cost of $700,000 or more, is not eligible for
11     coverage by the corporation. Such dwellings insured by the
12     corporation on December 31, 2016, may continue to be covered by
13     the corporation until the end of the policy term.
14          b.     The requirements of sub-subparagraph a. sub-
15     subparagraphs b.-d. do not apply in counties where the office
16     determines there is not a reasonable degree of competition. In
     PCS for HB 1503 a2
      Published On: 1/31/2024 8:36:59 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 1503   (2024)
       Amendment No. 2


17     such counties a personal lines residential structure that has a
18     dwelling replacement cost of less than $1 million, or a single
19     condominium unit that has a combined dwelling and contents
20     replacement cost of less than $1 million, is eligible for
21     coverage by the corporation.
22
23           -----------------------------------------------------
24                        T I T L E   A M E N D M E N T
25          Remove lines 10-12 and insert:
26     requiring the inclusion of quota share




     PCS for HB 1503 a2
      Published On: 1/31/2024 8:36:59 PM
                                  Page 2 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                          Bill No. PCS for HB 1503   (2024)
      Amendment No. 3




           COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                       (Y/N)
      ADOPTED AS AMENDED            (Y/N)
      ADOPTED W/O OBJECTION         (Y/N)
      FAILED TO ADOPT               (Y/N)
      WITHDRAWN                     (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:     Insurance & Banking
2     Subcommittee
3     Representative Esposito offered the following:
4
5          Amendment
6          Remove lines 2264-2269
7




    PCS for HB 1503 a3
     Published On: 1/31/2024 8:37:43 PM
                                 Page 1 of 1


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