Meeting Packet — Insurance & Banking Subcommittee, Florida House Commerce Committee (April 3, 2025)
Summary
Meeting packet of the Insurance & Banking Subcommittee of the Florida House of Representatives Commerce Committee for Thursday, April 3, 2025, 8:00 AM to 11:30 AM. The agenda lists HB 929, HB 1181 and HB 1431, proposed committee substitutes for HB 881 and HB 1429, and an Insurer Affiliate Study with testimony and discussion from Jan M. Moenck of Risk & Regulatory Consulting. The bill analysis for HB 929 (Firefighter Health and Safety) states that the bill adds occupational illness and suicide to the risks the Division of State Fire Marshal must monitor. The packet closes with text of PCS for HB 1429, whose Section 32 provides an effective date of July 1, 2025.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Meeting Packet — Insurance & Banking Subcommittee, Florida House Commerce Committee (April 3, 2025).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-04-03-3289-insurance-banking-subcommittee-meeting-packets-fn-ibs-ba4043a767/
, SHA-256 6cf9c80fcf96c7ea727d6732b0c2394a47d3f80df981b00e5962df47e23dab09.Full text
Insurance & Banking Subcommittee
Thursday, April 3, 2025
8:00 AM - 11:30 AM
Morris Hall (17 HOB)
Meeting Packet
Daniel Perez Bradford Yeager
Speaker Chair
The Florida House of Representatives
Commerce Committee
Insurance & Banking Subcommittee
Daniel Perez Bradford Yeager
Speaker Chair
Meeting Agenda
Thursday, April 3, 2025
8:00 am – 11:30 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 929 Firefighter Health and Safety by Booth, Alvarez, D.
• HB 1181 Motor Vehicle Insurance by Alvarez, D., Weinberger
• HB 1431 Pub. Rec./Uniform Mitigation Verification Inspection Forms by Chaney
Consideration of the following bill(s) with proposed committee substitute(s):
• PCS for HB 881 -- Insurance
• PCS for HB 1429 -- Insurance Regulations
Insurer Affiliate Study - Testimony and Discussion
Jan M. Moenck, Risk & Regulatory Consulting
V. Closing Remarks
VI. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 929
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 929 COMPANION BILL: CS/SB 1212 (DiCeglie)
TITLE: Firefighter Health and Safety LINKED BILLS: None
SPONSOR(S): Booth, Alvarez, D. RELATED BILLS: None
Committee References
Intergovernmental Affairs Insurance & Banking State Administration State Affairs
17 Y, 0 N Budget
SUMMARY
Effect of the Bill:
The bill revises the Florida Firefighters Occupational Safety and Health Act to add occupational illness and suicide
to the health and safety risks the Division of State Fire Marshal must monitor and develop rules, policies, and
procedures to address. The bill also requires the division to adopt rules related to establishing mental health best
practices, issuing gear that does not contain hazardous or toxic substances, notifying firefighters if gear does
contain hazardous or toxic substances, and encouraging firefighter employers to limit normally scheduled shifts to
42 hours per week.
Fiscal or Economic Impact:
The bill may have an indeterminate negative effect on state and local governments and private firefighter
employers not declared exempt by s. 633.528(2), F.S. to the extent those governments would need to purchase and
issue gear that does not contain hazardous or toxic materials.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill amends the Florida Firefighters Occupational Safety and Health Act to include occupational illness and
suicide in the health and safety risks the Division of State Fire Marshal (Division) is required monitor and develop
rules, policies, and procedures to address. Specifically, the Division must develop a means to identify firefighter
employers with high frequencies of these conditions in addition to those identified in current law, conduct
inspections to ensure employers are complying with Division rules, and adds these conditions to the list of items
for which the Division can assess penalties. (Sections 1, 4, and 5)
The bill requires the Division to adopt rules that:
Require firefighter employers to issue firefighting gear that does not contain hazardous or toxic chemicals
once such gear becomes readily available commercially;
Require firefighter employers that issue gear containing hazardous or toxic substances to provide notice to
their firefighter employees of this information; and
Encourage firefighter employers to implement work schedules for firefighters that limit normally
scheduled shifts to 42 hours per week. (Section 2)
The bill adds illnesses and fatalities to the risks the Department of Financial Services must investigate and
prescribe by rule safeguards and protections to address. (Section 2)
The bill further requires that the Division adopt rules to establish mental health best practices for firefighter
employers. (Section 3)
The bill provides an effective date of July 1, 2025. (Section 6)
STORAGE NAME: h0929b.IBS
DATE: 4/1/2025
1
RULEMAKING:
The bill requires the Division of State Fire Marshal to adopt rules related to the gear issued by firefighter
employers, notification of hazardous or toxic chemicals in gear, and to encourage firefighter employers to limit
normally scheduled firefighter shifts to 42 hours per week. The bill further requires that the Division adopt rules to
establish mental health best practices for firefighter employers. The bill would also require the Division to revise
its rules pursuant to ch. 633, F.S. to address the addition of occupational illness and suicide to the health and safety
risks the Division investigates and prescribes protective measures for by rule.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative effect on state government due to the provision that firefighter
employers issue gear that does not contain hazardous or toxic materials once such gear becomes readily available
commercially.
LOCAL GOVERNMENT:
The bill may have an indeterminate negative effect on local governments due to the provision that firefighter
employers issue gear that does not contain hazardous or toxic materials once such gear becomes readily available
commercially.
PRIVATE SECTOR:
The bill may have an indeterminate negative effect on private firefighter employers that are not declared exempt
by s. 633.528(2), F.S., due to the provision that firefighter employers issue gear that does not contain hazardous or
toxic materials once such gear becomes readily available commercially.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Division of State Fire Marshall
State law on fire prevention and control is provided in ch. 633, F.S. The Chief Financial Officer of the state serves as
the State Fire Marshal, operating through the Division of the State Fire Marshal (Division).1 Pursuant to this
authority, the State Fire Marshal:
Regulates, educates or trains, and certifies fire service personnel;2
Investigates the causes of fires;3
Enforces arson laws;4
Regulates the installation and maintenance of fire equipment;5
Conducts fire safety inspections of state buildings;6
Develops fire safety standards;7
Provides facilities for the analysis of fire debris;8 and
1 S. 633.104(1), F.S. The Division of the State Fire Marshal is located within the DFS. See s. 20.121, F.S.
2 S. 633.128(1), F.S. Also see Ch. 633, Part IV: Fire Standards and Training, F.S.
3 Ss. 633.104(2)(e), and 633.112, F.S.
4 S. 633.104(2)(e), F.S.
5 S. 633,104(2)(b), F.S. Also see s. 633.104(2)(c), F.S., and Ch. 633, Part III: Fire Protection and Suppression, F.S.
6 S. 633.218, F.S.
7 Ch. 633, Part II: Fire Safety and Prevention, F.S.
8 S. 633.432, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Operates the Florida State Fire College.9
Additionally, the State Fire Marshal adopts by rule the Florida Fire Prevention Code, which contains or references
all fire safety laws and rules regarding public and private buildings.10
The Division consists of the two bureaus: the Bureau of Fire Standards and Training (BFST), and the Bureau of Fire
Prevention.11 The BFST approves Florida's firefighter training curricula and certifies Florida fire service training
agencies, instructors, and members.12 The Inspections Section, under the Bureau of Fire Prevention, annually
inspects more than 14,000 state-owned buildings and facilities.13
Florida Firefighters Occupational Safety and Health Act
The Florida Firefighters Occupational Safety and Health Act14 (FFOSHA) establishes policies, procedures, practices,
rules, and standards that reduce the incidence of firefighter employee accidents, firefighter employee occupational
diseases, and firefighter employee fatalities.15 FFOSHA requires the Department of Financial Services to investigate
and prescribe by rule what safety devices, safeguards, or other protections must be adopted to prevent accidents
and injury at firefighters’ places of employment.16 FFOSHA further requires that the Division assist in making
firefighters’ places of employment17 safer and decreasing the frequency and severity of on-the-job injuries18 and
authorizes the Division to adopt rules to ensure safe working conditions.19 FFOSHA also provides for penalties for
any firefighter employers20 that violate or fail to comply with the regulations of the act or with any rule adopted by
the Division for the prevention of injuries, accidents, or occupational diseases.21
Under FFOSHA, the Division must develop a means to identify firefighter employers with a high frequency of
firefighter work-related injuries and conduct safety inspections of those employers to ensure compliance with the
Division’s rules and make recommendations for health and safety practices to reduce the number of work-related
injuries.22 Copies of any reports that result from a safety inspection must be provided to the firefighter employer
and its insurer. 23 Firefighter employers are required to submit a corrective action plan to address any issues
contained in the report. The Division must review the plan and decide on its approval within 60 days. If the
Division does not make a decision within 60 days, the plan is deemed approved. If the firefighter employer fails to
complete or implement a corrective action plan, the Division may assess penalties and the firefighter employer’s
insurance may cancel its contract for insurance.24
9 S. 633.128(1)(h)–(q), F.S. Also see ss. 633.428–633.434, F.S.
10 S. 633.202(1), F.S.
11 My Florida CFO, State Fire Marshal (last visited on Mar. 6, 2025).
12 My Florida CFO, Bureau of Fire Standards and Training (last visited Mar. 6, 2025).
13 My Florida CFO, Bureau of Fire Prevention (last visited Mar. 6, 2025).
14 S. 633.502, F.S., provides that ss. 633.502 through 633.536, F.S. constitute the Florida Firefighters Occupational Safety and
Health Act.
15 S. 633.506, F.S. In addition to FFOSHA, s. 633.408(1)(d), F.S. requires that the Division establish courses to provide training
for career and volunteer firefighters related to cancer and mental health risks within the fire service. This training is required
in order to obtain a Firefighter Certificate of Compliance, Volunteer Firefighter Certificate of Completion, or Special Certificate
of Compliance.
16 S. 633.508(7)(a), F.S.
17 S. 633.504(4), F.S., defines a firefighter’s place of employment as the physical location at which the firefighter employee is
employed or deployed.
18 S. 633.508(1), F.S.
19 S. 633.508(2), F.S.
20 S. 633.504(2), F.S., defines a firefighter employer as the state and all political subdivisions of this state, all public and quasi-
public corporations in this state, and a person carrying on any employment for this state, political subdivisions of this state,
and public and quasi-public corporations in this state which employs firefighter employees, except those appointed under s.
590.02(1)(d)., F.S.
21 S. 633.526, F.S.
22 S. 633.522(1), F.S.
23 Id.
24 Ss. 633.522(1), (6) and 633.526, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
FFOSHA requires that firefighter employers with more than 20 firefighter employees establish a workplace safety
committee.25 Firefighter employers with fewer than 20 firefighter employees that the Division identifies as having
a high frequency or high severity of work-related injuries must also establish a workplace safety committee or
designate a workplace safety coordinator.26 FFOSHA requires that the Division adopt rules related to the
membership, duties, and recordkeeping of workplace safety committees.27 The duties of the workplace safety
committee or workplace safety coordinator must include, but are not limited to:
Establishing workplace safety inspection procedures;
Establishing procedures to investigate all workplace accidents, safety incidents, illnesses, and deaths;
Evaluating accident prevention programs; and
Prescribing training guidelines for committee members.28
The Division is further required to adopt rules establishing best practices for firefighter employers related to
cancer prevention.29
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 17 Y, 0 N 3/19/2025 Darden Jones
Subcommittee
Insurance & Banking Hamon Schenk
Subcommittee
State Administration Budget
Subcommittee
State Affairs Committee
25 S. 633.522(2)(a), F.S.
26 S. 633.522(2)(b), F.S.
27 S. 633.522(3), F.S.
28 S. 633.522(3)(c), F.S.
29 S. 633.520(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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 929 2025
1 A bill to be entitled
2 An act relating to firefighter health and safety;
3 amending s. 633.506, F.S.; revising legislative
4 intent; amending s. 633.508, F.S.; requiring the
5 Division of State Fire Marshal within the Department
6 of Financial Services to adopt certain rules;
7 requiring the division to assist in decreasing the
8 frequency and severity of occupational illnesses and
9 fatalities; amending s. 633.520, F.S.; requiring the
10 division to adopt rules relating to mental health best
11 practices; amending ss. 633.522 and 633.526, F.S.;
12 conforming provisions to changes made by the act;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 633.506, Florida Statutes, is amended
18 to read:
19 633.506 Legislative intent.—It is the intent of the
20 Legislature to enhance firefighter occupational safety and
21 health in this the state through the implementation and
22 maintenance of policies, procedures, practices, rules, work
23 schedules, and standards that reduce the incidence of
24 firefighter employee accidents, firefighter employee
25 occupational diseases, and firefighter employee fatalities
Page 1 of 7
CODING: Words stricken are deletions; words underlined are additions.
hb929-00
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 929 2025
26 compensable under chapter 112, chapter 440, or otherwise. The
27 Legislature further intends that the division develop a means by
28 which the division can identify individual firefighter employers
29 with a high frequency or severity of work-related injuries,
30 occupational illnesses, or suicide; conduct safety inspections
31 of those firefighter employers;, and assist those firefighter
32 employers in the development and implementation of firefighter
33 employee safety and health programs. In addition, it is the
34 intent of the Legislature that the division administer and
35 enforce this part; provide assistance to firefighter employers,
36 firefighter employees, and insurers; and enforce the policies,
37 rules, and standards set forth in this part.
38 Section 2. Subsection (7) of section 633.508, Florida
39 Statutes, is renumbered as subsection (8), subsection (1) and
40 paragraph (a) of present subsection (7) are amended, and a new
41 subsection (7) is added to that section, to read:
42 633.508 Workplace safety; rulemaking authority; division
43 authority.—
44 (1) The division shall assist in making the firefighter
45 employee place of employment a safer place to work and
46 decreasing the frequency and severity of on-the-job injuries,
47 occupational illnesses, and fatalities in such workplace.
48 (7) The division shall adopt rules relating to all of the
49 following:
50 (a) Requiring firefighter employers to issue firefighting
Page 2 of 7
CODING: Words stricken are deletions; words underlined are additions.
hb929-00
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 929 2025
51 gear that does not contain chemical hazards or toxic substances
52 when such gear becomes readily available on the commercial
53 market.
54 (b) Requiring firefighter employers that issue
55 firefighting gear that contains or is manufactured with chemical
56 hazards or toxic substances to provide their firefighter
57 employees notice that the firefighting gear issued contains or
58 is manufactured with chemical hazards or toxic substances.
59 (c) Encouraging firefighter employers to implement work
60 schedules that do not require a firefighter employee's normally
61 scheduled shifts to exceed 42 hours per workweek.
62 (8)(7) The department shall:
63 (a) Investigate and prescribe by rule what safety devices,
64 safeguards, or other means of protection must be adopted for the
65 prevention of accidents, illnesses, fatalities, and injuries in
66 every firefighter employee place of employment or at any fire
67 scene; determine what suitable devices, safeguards, or other
68 means of protection for the prevention of occupational diseases
69 must be adopted or followed in any or all such firefighter
70 places of employment or at any emergency fire scene; and adopt
71 reasonable rules for the prevention of accidents, the safety,
72 protection, and security of firefighter employees engaged in
73 interior firefighting, and the prevention of occupational
74 diseases and fatalities.
75 Section 3. Subsection (2) of section 633.520, Florida
Page 3 of 7
CODING: Words stricken are deletions; words underlined are additions.
hb929-00
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 929 2025
76 Statutes, is amended to read:
77 633.520 Safety; firefighter employer responsibilities.—
78 (2) The division shall adopt rules to establish:
79 (a) Employers' cancer prevention best practices related to
80 personal protective equipment, decontamination, fire suppression
81 equipment, and fire stations.
82 (b) Employers' mental health best practices related to
83 resiliency, stress management, peer support, and access to
84 mental healthcare.
85 Section 4. Subsection (1), paragraph (b) of subsection
86 (2), and paragraph (c) of subsection (3) of section 633.522,
87 Florida Statutes, are amended to read:
88 633.522 Firefighter employers; high frequency of work-
89 related injuries; corrective plans; workplace safety committees
90 and coordinators; failure to implement a safety and health
91 program; cancellation.—
92 (1) The division shall develop a means to identify
93 individual firefighter employers with a high frequency of
94 firefighter employee work-related injuries, occupational
95 illnesses, and suicide. The division shall conduct safety
96 inspections of those firefighter employers so identified to
97 ensure compliance with this part or the division's rules and
98 make recommendations based upon current safety and health
99 practices and to assist such firefighter employers in reducing
100 the number of work-related injuries, occupational illnesses, and
Page 4 of 7
CODING: Words stricken are deletions; words underlined are additions.
hb929-00
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 929 2025
101 suicide. The division may not assess penalties as a result of
102 such inspections. Copies of any report made as the result of
103 such an inspection shall be provided to the firefighter employer
104 and its insurer. Firefighter employers shall submit a plan for
105 the correction of any noncompliance issues to the division for
106 approval in accordance with division rule. The division shall
107 promptly review the plan submitted and approve or disapprove the
108 plan within 60 days, or such plan shall be deemed approved. Upon
109 approval by the division, the plan shall be implemented by the
110 firefighter employer. If the plan is not submitted, does not
111 provide corrective actions for all deficiencies, is not
112 complete, or is not implemented, the fire service provider shall
113 be subject to s. 633.526.
114 (2) In order to promote health and safety in firefighter
115 employee places of employment in this state:
116 (b) Each firefighter employer of fewer than 20 firefighter
117 employees with a high frequency or high severity of work-related
118 injuries, occupational illnesses, or suicide, as identified by
119 the division, shall establish and administer a workplace safety
120 committee or designate a workplace safety coordinator who shall
121 establish and administer workplace safety activities in
122 accordance with rules adopted under this section.
123 (3) The division shall adopt rules:
124 (c) Prescribing the duties and functions of the workplace
125 safety committee and workplace safety coordinator which include,
Page 5 of 7
CODING: Words stricken are deletions; words underlined are additions.
hb929-00
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 929 2025
126 but are not limited to:
127 1. Establishing procedures for workplace safety
128 inspections by the committee.
129 2. Establishing procedures for investigating all workplace
130 accidents, safety-related incidents, illnesses, and deaths.
131 3. Evaluating accident prevention, and illness prevention,
132 and suicide prevention programs.
133 4. Prescribing guidelines for the training of safety
134 committee members.
135 Section 5. Section 633.526, Florida Statutes, is amended
136 to read:
137 633.526 Firefighter employer penalties.—If any firefighter
138 employer violates or fails or refuses to comply with this part,
139 or with any rule adopted by the division under such sections in
140 accordance with chapter 120 for the prevention of injuries,
141 accidents, or occupational diseases or with any lawful order of
142 the division in connection with this part, or fails or refuses
143 to furnish or adopt any safety device, safeguard, or other means
144 of protection prescribed by division rule under this part for
145 the prevention of accidents, injuries, suicide, or occupational
146 diseases, or occupational illnesses, the division may:
147 (1) Issue an administrative cease and desist order,
148 enforceable in the circuit court in the jurisdiction where the
149 violation is occurring or has occurred.
150 (2) Assess an administrative fine against a firefighter
Page 6 of 7
CODING: Words stricken are deletions; words underlined are additions.
hb929-00
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 929 2025
151 employer of not less than $100 or more than $1,000 for each
152 violation and each day a violation is committed.
153 (3) Assess against the firefighter employer a civil
154 penalty of not less than $100 nor more than $5,000 for each day
155 the violation, omission, failure, or refusal continues after the
156 firefighter employer has been given written notice of such
157 violation, omission, failure, or refusal. The total penalty for
158 each violation shall not exceed $50,000. The division shall
159 adopt rules requiring penalties commensurate with the frequency
160 or severity of safety violations. Hearings requested under this
161 section shall be conducted in Tallahassee. All penalties
162 assessed and collected under this section shall be deposited in
163 the Insurance Regulatory Trust Fund.
164 Section 6. This act shall take effect July 1, 2025.
Page 7 of 7
CODING: Words stricken are deletions; words underlined are additions.
hb929-00
INSURANCE & BANKING SUBCOMMITTEE
HB 929 by Rep. Booth
Firefighter Health and Safety
AMENDMENT SUMMARY
April 3, 2025
Amendment 1 by Rep. Booth (line 27):
• Removes references to “occupational illnesses” or replaces such references with
the term “occupational disease.”
• Modifies a rulemaking requirement to:
o Provide that the State Fire Marshal must adopt rules requiring firefighter
employers to “purchase” rather than “issue” certain firefighting gear when
it is readily available.
o Define “readily available” to mean available from more than one
manufacturer.
o Provide that these rules may recommend a phased approach for gear
replacement.
• Provides that rules establishing employers’ cancer prevention best practices
must also relate to chemical hazards or toxic substance education regarding
personal protective gear.
• Replaces references to “suicide” with references to “fatalities” in various
provisions.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 929 (2025)
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 Booth offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 30-146 and insert:
7 occupational disease, or suicide; conduct safety inspections of
8 those firefighter employers;, and assist those firefighter
9 employers in the development and implementation of firefighter
10 employee safety and health programs. In addition, it is the
11 intent of the Legislature that the division administer and
12 enforce this part; provide assistance to firefighter employers,
13 firefighter employees, and insurers; and enforce the policies,
14 rules, and standards set forth in this part.
15 Section 2. Subsection (7) of section 633.508, Florida
16 Statutes, is renumbered as subsection (8), subsection (1) and
088855 - h0929-line30.docx
Published On: 4/2/2025 5:16:10 PM
Page 1 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 929 (2025)
Amendment No. 1
17 paragraph (a) of present subsection (7) are amended, and a new
18 subsection (7) is added to that section, to read:
19 633.508 Workplace safety; rulemaking authority; division
20 authority.—
21 (1) The division shall assist in making the firefighter
22 employee place of employment a safer place to work and
23 decreasing the frequency and severity of on-the-job injuries and
24 the frequency of fatalities in such workplace.
25 (7) The division shall adopt rules relating to all of the
26 following:
27 (a) Requiring firefighter employers to purchase
28 firefighting gear that does not contain chemical hazards or
29 toxic substances when such gear becomes readily available on the
30 commercial market. For purposes of this paragraph, “readily
31 available” means available from more than one manufacturer.
32 Rules adopted under this paragraph may recommend a phased
33 approach for gear replacement.
34 (b) Requiring firefighter employers that issue
35 firefighting gear that contains or is manufactured with chemical
36 hazards or toxic substances to provide their firefighter
37 employees notice that the firefighting gear issued may contain
38 or is manufactured with chemical hazards or toxic substances.
39 (c) Encouraging firefighter employers to implement work
40 schedules that do not require a firefighter employee's normally
41 scheduled shifts to exceed 42 hours per workweek.
088855 - h0929-line30.docx
Published On: 4/2/2025 5:16:10 PM
Page 2 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 929 (2025)
Amendment No. 1
42 (8)(7) The department shall:
43 (a) Investigate and prescribe by rule what safety devices,
44 safeguards, or other means of protection must be adopted for the
45 prevention of accidents and injuries in every firefighter
46 employee place of employment or at any fire scene; determine
47 what suitable devices, safeguards, or other means of protection
48 for the prevention of occupational diseases must be adopted or
49 followed in any or all such firefighter places of employment or
50 at any emergency fire scene; and adopt reasonable rules for the
51 prevention of accidents, the safety, protection, and security of
52 firefighter employees engaged in interior firefighting, and the
53 prevention of occupational diseases and fatalities.
54 Section 3. Subsection (2) of section 633.520, Florida
55 Statutes, is amended to read:
56 633.520 Safety; firefighter employer responsibilities.—
57 (2) The division shall adopt rules to establish:
58 (a) Employers' cancer prevention best practices related to
59 personal protective equipment, chemical hazards or toxic
60 substance education regarding personal protective gear,
61 decontamination, fire suppression equipment, and fire stations.
62 (b) Employers' mental health best practices related to
63 resiliency, stress management, peer support, and access to
64 mental healthcare.
088855 - h0929-line30.docx
Published On: 4/2/2025 5:16:10 PM
Page 3 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 929 (2025)
Amendment No. 1
65 Section 4. Subsection (1), paragraph (b) of subsection
66 (2), and paragraph (c) of subsection (3) of section 633.522,
67 Florida Statutes, are amended to read:
68 633.522 Firefighter employers; high frequency of work-
69 related injuries; corrective plans; workplace safety committees
70 and coordinators; failure to implement a safety and health
71 program; cancellation.—
72 (1) The division shall develop a means to identify
73 individual firefighter employers with a high frequency of
74 firefighter employee work-related injuries and suicide. The
75 division shall conduct safety inspections of those firefighter
76 employers so identified to ensure compliance with this part or
77 the division's rules and make recommendations based upon current
78 safety and health practices and to assist such firefighter
79 employers in reducing the number of work-related injuries and
80 suicide. The division may not assess penalties as a result of
81 such inspections. Copies of any report made as the result of
82 such an inspection shall be provided to the firefighter employer
83 and its insurer. Firefighter employers shall submit a plan for
84 the correction of any noncompliance issues to the division for
85 approval in accordance with division rule. The division shall
86 promptly review the plan submitted and approve or disapprove the
87 plan within 60 days, or such plan shall be deemed approved. Upon
88 approval by the division, the plan shall be implemented by the
89 firefighter employer. If the plan is not submitted, does not
088855 - h0929-line30.docx
Published On: 4/2/2025 5:16:10 PM
Page 4 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 929 (2025)
Amendment No. 1
90 provide corrective actions for all deficiencies, is not
91 complete, or is not implemented, the fire service provider shall
92 be subject to s. 633.526.
93 (2) In order to promote health and safety in firefighter
94 employee places of employment in this state:
95 (b) Each firefighter employer of fewer than 20 firefighter
96 employees with a high frequency or high severity of work-related
97 injuries or a high frequency of work-related fatalities, as
98 identified by the division, shall establish and administer a
99 workplace safety committee or designate a workplace safety
100 coordinator who shall establish and administer workplace safety
101 activities in accordance with rules adopted under this section.
102 (3) The division shall adopt rules:
103 (c) Prescribing the duties and functions of the workplace
104 safety committee and workplace safety coordinator which include,
105 but are not limited to:
106 1. Establishing procedures for workplace safety
107 inspections by the committee.
108 2. Establishing procedures for investigating all workplace
109 accidents, safety-related incidents, illnesses, and deaths.
110 3. Evaluating accident prevention, and illness prevention,
111 and suicide prevention programs.
112 4. Prescribing guidelines for the training of safety
113 committee members.
088855 - h0929-line30.docx
Published On: 4/2/2025 5:16:10 PM
Page 5 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 929 (2025)
Amendment No. 1
114 Section 5. Section 633.526, Florida Statutes, is amended
115 to read:
116 633.526 Firefighter employer penalties.—If any firefighter
117 employer violates or fails or refuses to comply with this part,
118 or with any rule adopted by the division under such sections in
119 accordance with chapter 120 for the prevention of injuries,
120 accidents, or occupational diseases or with any lawful order of
121 the division in connection with this part, or fails or refuses
122 to furnish or adopt any safety device, safeguard, or other means
123 of protection prescribed by division rule under this part for
124 the prevention of accidents, injuries, fatalities, or
125 occupational diseases, the division may:
126
127
128 -----------------------------------------------------
129 T I T L E A M E N D M E N T
130 Remove line 8 and insert:
131 frequency of
088855 - h0929-line30.docx
Published On: 4/2/2025 5:16:10 PM
Page 6 of 6
HB 1181
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1181 COMPANION BILL: SB 1256 (Grall)
TITLE: Motor Vehicle Insurance LINKED BILLS: None
SPONSOR(S): Alvarez, D., Weinberger RELATED BILLS: None
Committee References
Civil Justice & Claims Insurance & Banking Judiciary
13 Y, 2 N
SUMMARY
Effect of the Bill:
HB 1181 repeals the personal injury protection (“PIP”) coverage requirement under Florida’s Motor Vehicle No-
Fault Law and increases the minimum bodily injury liability coverage limits from $10,000 per person and $20,000
per incident to $25,000 per person and $50,000 per incident; however, the minimum property damage liability
coverage limit remains unchanged at $10,000. The bill also increases the minimum security amounts for persons
choosing self-insurance to meet the financial responsibility requirements.
Fiscal or Economic Impact:
The bill may have a fiscal impact on the state court system and the Office of Insurance Regulation (“OIR”); however,
the bill makes an appropriation of $83,651 in non-recurring funds from the Insurance Regulatory Trust Fund to
OIR to address changes made by the bill. The bill may also have an indeterminate economic impact on the private
sector. Whether such impact is positive or negative depends on whether the changes made by the bill increase or
decrease motor vehicle insurance premiums, and whether or not the elimination of PIP coverage results in the
timely and sufficient reimbursement of the medical expenses incurred by persons injured in automobile accidents.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Personal Injury Protection Coverage Repeal
The bill repeals Florida’s Motor Vehicle No-Fault Law, effectively eliminating the personal injury protection (“PIP”)
coverage requirement in Florida. Under the bill, such coverage would not even be optional in the state, as insurers
would be prohibited from offering the product as part of any motor vehicle insurance policy. (Sections 1, 2, and
46).
Further, by repealing PIP, the bill eliminates PIP’s tort liability limitation. Thus, under the bill, if a driver were to
cause a motor vehicle accident, he or she would be fully liable for any damages resulting therefrom; to put it
another way, a person injured in a motor vehicle accident caused by another would no longer be required to seek
recovery from his or her own insurer and could instead sue the at-fault driver for any damages he or she sustained,
regardless of the seriousness of the injury he or she suffered. Consistent with this change, the bill removes the
conditional exclusion of non-economic damages for pain, suffering, mental anguish, and inconvenience and allows
punitive damages awards; beginning July 1, 2026; the bill also makes uninsured motorist coverage insurers liable
for non-economic damages, including pain and suffering, disability or physical impairment, disfigurement, mental
anguish, inconvenience, and the loss of capacity for the enjoyment of life experienced in the past and to be
experienced in the future. (Section 44) However, the bill leaves in place the ability of a Florida driver to purchase
optional medical payments coverage, which could take the place of PIP in the event the insured is unable to recover
under another driver’s liability policy. (Section 47)
Financial Responsibility Requirements
STORAGE NAME: h1181b.IBS
DATE: 4/1/2025
1
In conjunction with the bill’s repeal of the PIP coverage requirement, the bill modifies the coverage requirements
under the Financial Responsibility Law for persons owning or registering motor vehicles in Florida. Specifically,
the bill provides that, beginning July 1, 2026, proof of compliance with the Financial Responsibility Law as to
bodily injury (“BI”) liability coverage is required at the time of motor vehicle registration,1 instead of post-
registration or at the time of an accident as is currently required.2 (Sections 6, 12, and 15) The bill also increases
the minimum BI liability coverage limits from $10,000 per person and $20,000 per incident to $25,000 per person
and $50,000 per incident, but the minimum property damage (“PD”) liability coverage limit remains unchanged at
$10,000.3 This results in required 25/50/10 coverage in most instances. (Section 14)
Additionally, the bill increases the minimum security amounts for self-insurance in order to satisfy the financial
responsibility requirements. Specifically, the bill increases certificate of security deposit requirements for
individuals and businesses4 from $30,000 per vehicle (up to a maximum of $120,000) to $60,000 per vehicle (up to
a maximum of $240,000). (Sections 18 and 24) Additionally, self-insured persons and businesses must maintain a
motor vehicle liability policy in excess of the certificate of security deposit providing bodily injury coverage of
$125,000 per person, $250,000, per accident, and $50,000 for property damage, or $300,000 combined property
damage and bodily injury coverage. (Section 18) The bill then increases certificate of self-insurance minimum
unencumbered net worth requirements from:
$40,000 to $100,000 for individuals; and
$40,000 for the first vehicle and $20,000 for each additional vehicle to $100,000 and $50,000, respectively,
for businesses.5 (Section 25)
Further, the bill:
Increases minimum security limits for garage liability insurance from a $25,000 combined single limit for
BI and PD to a $60,000 combined limit. (Section 8 and 9)
Leaves for-hire passenger transportation vehicles at the current 125/250/50 coverage minimums. (Section
19)
Requires shared vehicle owners and shared vehicles drivers participating in a peer-to-peer car sharing
program to have insurance policies that meet or exceed the required 25/50/10 coverage. (Section 52)
As to commercial vehicles:
o Increases minimum combined BI/PD coverage limits for commercial vehicles between 26,000
pounds and 35,000 pounds from $50,000 per occurrence to $60,000 per occurrence;
o Increases minimum combined BI/PD coverage limits for commercial vehicles 35,000 pounds or
more but less than 44,000 pounds from $100,000 per occurrence to $120,000 per occurrence; and
o Leaves minimum combined BI/PD coverage limits for commercial vehicles 44,000 pounds or more
at $300,000 per occurrence. (Section 49)
Leaves the required primary liability coverage minimum for autonomous vehicles at $1,000,000 for death,
bodily injury, and property damage. (Section 53)
Leaves minimum coverage limits for non-public-sector buses at the current 100/300/50 or combined 300
amounts. (Section 13)
1 Proof of compliance with the Financial Responsibility Law at the time of registration does not change for motorcycles. However, within 30
days after receipt of a specified notice of accident involving a motorcycle within this state, under the bill, the DHSMV must suspend the
motorcycle operator’s license and all registrations of the motorcycle’s owner unless such operator or owner is found to be exempt from such
requirement or otherwise had in effect at the time of the crash a motor vehicle liability policy with respect to all of the registered
motorcycles owned by such operator or owner. For the purposes of the suspension provision, the term “motor vehicle” includes motorcycles.
(Section 20)
2 The bill also provides that a driver license or motor vehicle registration suspension for failure to maintain security under the Financial
Responsibility Law in effect before July 1, 2026, remains in full force and effect after July 1, 2026. Under the bill, a driver may reinstate such a
suspended driver license or registration after July 1, 2026, by showing proof of compliance with the amended Financial Responsibility Law
and paying a fee. (Sections 16 and 21)
3 The bill also increases the combined coverage limit minimum of $30,000 for property damage and bodily injury liability coverage to
$60,000. (Section 8)
4 The bill requires that proof of the certificate of deposit maintained in a financial institution insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration be submitted annually to the DHSMV. (Section 24)
5 In the alternative, businesses may still qualify for self-insurance by maintaining a sufficient net worth in an amount determined annually by
the DHSMV. (Section 25)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Leaves minimum transportation network company coverage limits at 50/100/25 when logged on to the
network but not engaged with a rider and $1 million when engaged in a prearranged ride. (Section 51)
Coverage Transition
The bill provides for the transition of motor vehicle insurance policies from PIP coverage to BI/PD coverage if the
policies were issued before July 1, 2026, but still in force on that date and prohibits policies issued on or after July
1, 2026, from including PIP coverage. Under the bill, policies that were issued in compliance with the law in place
at the time of issuance are deemed to meet the new requirements until renewed, non-renewed, or canceled.
Insurers must also allow policyholders with PIP coverage to obtain BI coverage that complies with the changes
made by the bill without charge other than any payments for increased premium due, and refunds for decreased
premiums are also required. (Section 46)
Notice Requirements
The bill requires insurers to give notice, by April 1, 2026, informing motor vehicle insurance policyholders that,
effective July 1, 2026:
PIP is repealed.
The insured is no longer required to carry PIP coverage.
PIP is no longer available for purchase.
New or renewal coverage will not include PIP.
New BI requirements begin, with minimum coverage limits of 25/50/10.
An insured may obtain uninsured/underinsured motorist coverage to protect themselves from damages
caused by an uninsured/underinsured driver.
Policies that comply with the requirements of law at the time of issue are deemed to meet the new
requirements, until the policy is renewed, non-renewed, or canceled.
Insureds may change their policies to comply with the new requirements.
Insureds may contact the person specified in the notice at the telephone number provided with any
questions.
The notice is subject to OIR’s approval. (Section 46)
Rate Filings
The bill provides that insurer rate filings for motor vehicle liability submitted to OIR on or after July 1, 2026, must
be based on the new BI/PD coverage requirements and may only be approved through the file and use approval
process.6 (Section 38)
Information Disclosure by Insurer
The bill authorizes the filing of an enforcement action if an insurer fails to comply with the information disclosure
requirements of s. 627.4137, F.S. In pertinent part, that section requires an insurer providing liability insurance
coverage to provide, within 30 days after the written request of a claimant or the claimant’s attorney, a statement,
under oath, setting forth the following information:
The name of the insurer;
The name of each insured;
The limits of the liability coverage;
A statement of any policy or coverage defense which the insurer reasonably believes it has available; and
A copy of the policy.
Under the bill, if a court determines that an insurer violated such information disclosure requirements, a claimant
is entitled to an award of reasonable attorney fees and costs to be paid by the insurer. (Section 42)
6 In the file and use approval process, an insurer must file its proposed rates with OIR and have them approved before the rates may be
implemented. In contrast, under the use and file method, an insurer may implement new rates before getting OIR’s approval.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Appropriation
The bill appropriates the sum of $83,651 in nonrecurring funds from the Insurance Regulatory Trust Fund to OIR
to implement changes made by the bill. (Section 60)
Miscellaneous Provisions
The bill:
Makes conforming changes to numerous sections of law.
Provides an effective date of July 1, 2026, except as otherwise provided. (Section 61)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have a fiscal impact on the state court system to the extent that it increases the number of tort
lawsuits filed. The bill may also have a fiscal impact on the Office of Insurance Regulation (“OIR”); however, the bill
makes an appropriation of $83,651 in non-recurring funds from the Insurance Regulatory Trust Fund to OIR to
address changes made by the bill.
PRIVATE SECTOR:
The bill may have an indeterminate economic impact on the private sector. Whether such impact is positive or
negative depends on whether the changes made by the bill increase or decrease motor vehicle insurance
premiums, and whether or not the elimination of PIP coverage results in the timely and sufficient reimbursement
of the medical expenses incurred by persons injured in automobile accidents.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
General Tort Law
The main purpose of Florida’s civil justice system is to properly and fairly redress the civil wrongs committed
throughout the state. A functioning civil justice system, when it operates justly:
Provides a fair and equitable forum to resolve disputes;
Discourages persons from resorting to self-help methods to redress wrongs;
Appropriately compensates legitimately harmed persons;
Shifts losses to responsible parties;
Provides incentives to prevent future harm; and
Deters undesirable behavior.7
A goal of the civil justice system is to redress tortious conduct, or “torts” – that is, wrongs for which the law
provides a remedy. Torts are generally divided into three categories, as follows:
An intentional tort, examples of which include assault, battery, or false imprisonment.8
Recklessness, which is behavior so careless that it is considered an extreme departure from the care a
reasonable person would exercise in similar circumstances.9
Negligence, which is the failure to behave with the level of care that an ordinary prudent person would
have exercised under the same circumstances.10 To prevail in a negligence lawsuit, the plaintiff must show
that the:
o Defendant had a legal duty of care requiring the defendant to conform to a certain standard of
conduct for the protection of others, including the plaintiff, against unreasonable risks;
o Defendant breached his or her duty of care by failing to conform to the required standard;
7 Cf. Am. Jur. 2d Torts s. 2.
8 Legal Information Institute, Intentional Tort, https://www.law.cornell.edu/wex/intentional_tort (last visited Mar. 27, 2025).
9 Legal Information Institute, Reckless, https://www.law.cornell.edu/wex/reckless (last visited Mar. 27, 2025).
10 Legal Information Institute, Negligence, https://www.law.cornell.edu/wex/negligence (last visited Mar. 27, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
o Defendant’s breach caused the plaintiff to suffer an injury; and
o Plaintiff suffered actual damage or loss resulting from such injury.11
Financial Responsibility Law
All states have financial responsibility laws requiring persons involved in motor vehicle accidents, or who commit
serious traffic violation, to furnish proof of bodily injury (“BI”) and property damage (“PD”) liability insurance at
the time of the accident or violation. Such insurance generally covers damages to the person or property of another
resulting from a motor vehicle accident caused by the insured, and limits the insured’s personal liability should he
or she be sued in connection with the accident to amounts exceeding the policy limits; however, required minimum
coverage amounts vary among the states.12
Florida’s Financial Responsibility Law generally requires proof of ability to pay monetary damages for BI and PD
liability arising out of a motor vehicle accident or serious traffic violation.13 Under Florida law, the owner or
operator of a motor vehicle must show proof of PD liability coverage at the time he or she registers the vehicle in
Florida.14 However, such person is generally not required to show proof of BI liability coverage at the time of
vehicle registration; instead, proof of such coverage is typically only required after an accident.15 At that time, a
driver proves financial responsibility by furnishing an active motor vehicle liability insurance policy meeting the
minimum coverage requirements, a certificate showing a qualifying security deposit made with the Department of
Highway Safety and Motor Vehicles (“DHSMV”), or proof of qualifying self-insurance.16 Where a driver does not
comply with the Financial Responsibility Law, his or her driver’s license and vehicle registration may be
suspended.17
Specifically, under the Financial Responsibility Law, a motor vehicle owner or operator must hold minimum:
BI liability coverage of at least $10,000 in the event of the bodily injury to or death of one person and
$20,000 in the event of the bodily injury to or death of two or more persons; and
PD liability coverage of at least $10,000, in the event of damage to property of others; or
$30,000 in combined BI and PD liability coverage.18
These coverage amounts are often referred to in a summary manner as $10,000/$20,000/$10,000 or
10/20/10.
Further, businesses that choose to self-insure must make a security deposit of $30,000 per vehicle, up to a
maximum of $120,000, with the DHSMV and maintain excess insurance with limits of
$125,000/$250,000/$300,000. Individuals that choose to self-insure must deposit $30,000 with the DHSMV.
Individuals and businesses can also obtain a certificate of self-insurance to satisfy the financial responsibility
requirements; however, individuals choosing this option must have an unencumbered net worth of $40,000, while
businesses choosing this option must have either an unencumbered net worth of $40,000 for the first vehicle and
$20,000 for each additional vehicle or a sufficient net worth as determined by DHSMV rule.19
11 6 Florida Practice Series s. 1.1; see Barnett v. Dept. of Fin. Serv., 303 So. 3d 508 (Fla. 2020).
12 Florida Department of Financial Services, Personal Automobile insurance Overview,
https://www.myfloridacfo.com/division/consumers/understanding-insurance/personal-automobile-insurance-overview (last visited Mar.
27, 2025).
13 “Motor vehicle” generally means every self-propelled vehicle that is designed and required to be licensed for use on the highway, but the
term does not include electric bicycles, mopeds, or farm tractors.
Ch. 324, F.S.
14 S. 320.02, F.S.
15 Exceptions apply where the person registering the motor vehicle has been found guilty of or entered a plea of guilty or no contest to a
charge of driving under the influence under s. 316.193, F.S. In such a case, the person registering the vehicle must show that he or she has
minimum BI liability coverage of $100,000 for the death of or injury to one person arising from a motor vehicle accident and $300,000 for
the death of or injury to any two or more persons arising from a motor vehicle accident. Ss. 320.02, 324.011, and 324.021, F.S.
16 Ss. 324.031, 324.061, 324.161, and 324.171, F.S.
17 S. 324.0221(2), F.S.
18 S. 324.022, F.S.
19 Currently, the applicable rule provides that $40,000 for the first vehicle and an amount less than $20,000 for each additional vehicle is
sufficient if the applicant carries excess insurance in the amounts of $25,000/$50,000/$100,000. The amount applicable to each additional
vehicle is set annually under a rule adopted by OIR. Rule 15A-3.011, F.A.C.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Personal Injury Protection Coverage
According to a recent survey, 14 states (including Florida) and Puerto Rico require motorists to carry, in addition
to BI and PD liability coverage, no-fault insurance known as personal injury protection (“PIP”) coverage; five states
and the District of Columbia make PIP coverage optional.20 Where it is available, PIP provides to the covered
person immediate medical, surgical, funeral, and disability insurance benefits up to the coverage limits after a
motor vehicle accident, regardless of who caused the accident.21
Florida’s Motor Vehicle No-Fault Law (“No-Fault Law”) requires all owners or registrants of motor vehicles with
four or more wheels, except school buses, limos, and taxicabs, to carry PIP insurance, which covers up to $10,000
in emergency medical and disability benefits (limited to $2,500 in medical benefits for non-emergency medical
conditions) and $5,000 in death benefits, along with 60 percent of income lost due to disability and replacement
services for household task the injured person would have handled but is now unable to perform (not to exceed
the $10,000 overall benefit limit).22 Where medical benefits are awarded, PIP covers 80 percent of reasonable
medical expenses paid to eligible medical providers; however, medical benefits are paid only if initial treatment is
received within 14 days of the accident, and massages and acupuncture are not covered.23
PIP coverage extends to the named insured, relatives of the named insured living in the same household, persons
operating the vehicle, and passengers in the vehicle, and it also protects a covered person struck and injured
outside a vehicle.24 In return for providing such benefits, the No-Fault Law limits the tort liability of an at-fault
driver in connection to a motor vehicle accident; instead, each person involved in the accident generally must seek
reimbursement of their medical expenses and related damages under their own PIP insurance, unless an exception
applies.25 Further, the No-Fault Law provides a conditional exclusion prohibiting recovery under a PIP policy for
certain non-economic damages,26 including pain and suffering, mental anguish, and inconvenience, and prohibits
the award of punitive damages.27
Critics of the No-Fault Law argue that the $10,000 PIP coverage limit, unchanged since the 1970s, is insufficient to
cover current medical costs. Further, one recent study notes that Florida currently has the highest average annual
cost for minimum motor vehicle insurance coverage, with an average premium of $1529 per vehicle per year; the
states with the next four highest averages (that is, New Jersey, Michigan, New York, and Delaware) also have
mandatory PIP coverage requirements.28
Recent Legislative Reforms
After a statewide grand jury found evidence of rampant PIP fraud in Florida’s insurance market, the Florida
Legislature began a years-long effort to reform PIP insurance.29 Initially, in 2003, the Legislature provided for PIP
20 According to the survey, PIP is required in Delaware, Florida, Hawaii, Kansas, Kentucy, Massachusetts, Michigan, Minnesota, New Jersey,
New York, North Dakota, Oregon, Pennsylvania, Utah, and Puerto Rico; PIP is option in Arkansas, Connecticut, Maryland, Texas, Washington
State, and Washington, D.C. Penny Gusner, What Is Personal Injury Protection (PIP) And Do You Need It?,
https://www.forbes.com/advisor/car-insurance/pip-guide/ (last visited Mar. 27, 2025).
21 Id.
22 S. 627.7275, F.S.
23 Insurers may limit reimbursements to a fee schedule tied to the Medicare allowed amount. For many services, 80 percent of 200 percent
of the Medicare allowed amount is the standard reimbursement. S. 627.736(5)(a)1., F.S.
24 This includes non-resident owners who keep a vehicle in Florida for more than 90 days out of the previous 365 days. S. 627.733(2), F.S.
25 An injured person may still sue the at-fault driver if the injured person suffers significant and permanent loss of an important bodily
function; permanent injury within a reasonable degree of medical probability; significant and permanent scarring or disfigurement; or
death. Even in such suits, the injured party has no right to recover any damages for which PIP benefits are paid, or payable.
26 “Non-economic damages” are intangible harms, for which a dollar value is not readily attributable. Justia, Non-Economic Damages in
Personal Injury Lawsuits, https://www.justia.com/injury/negligence-theory/non-economic-damages/ (last visited Mar. 27, 2025).
27 “Punitive damages” are damages designed to punish a wrongdoer. Such damages are usually only awarded where the plaintiff can show
that the defendant’s misconduct was willful or wanton. Legal Information Institute, Punitive Damages,
https://www.law.cornell.edu/wex/punitive_damages (last visited Mar. 27, 2025).
28 Gusner, supra note 13.
29 The grand jury found evidence that such fraud included: 1) illegal solicitation of accident victims for the purpose of filing for PIP benefits
and motor vehicle tort claims; (2) brokering patients between doctors, lawyers, and diagnostic facilities; (3) billing insurance companies for
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
repeal through a sunset provision effective October 1, 2007; after the Governor vetoed a subsequent bill extending
PIP’s sunset period, PIP expired in 2007.30 However, the Legislature then revived PIP, effective January 1, 2008, in a
2007 Special Session,31 and subsequently revised the PIP law over several years.32 Revisions to PIP in these years
included:
Establishing requirements for and limiting access to motor vehicle crash reports;
Limiting medical services, reimbursement, and eligible providers;
Requiring provider licensing;
Requiring pre-suit demand letters;
Increasing criminal penalties;
Defining certain activities by claims handlers as unfair and deceptive trade practices;
Limiting benefits for emergency and non-emergency medical conditions;
Clarifying the application of the PIP medical reimbursement fee schedule;
Allowing for the reimbursement of certain healthcare clinics for PIP-related medical services;
Requiring rate filings with reduced PIP premiums; and
Limiting attorney fees.33
Bills to once again repeal PIP have come before the Legislature for consideration in recent years, and in 2021, the
Legislature passed CS/CS/SB 54, which, in pertinent part, repealed the PIP coverage requirement and raised the
minimum coverage limits for motor vehicle owners and operators under the Financial Responsibility Law.
Specifically, the bill increased the minimum BI coverage limits from $10,000 per person and $20,000 per incident
to $25,000 per person and $50,000 per incident, but the minimum PD coverage limit remained unchanged at
$10,000.34 The bill also required insurers to offer medical payments coverage at limits of $5,000 and $10,000 with
no deductible, and authorized an insurer to offer medical payments coverage at limits greater than $5,000 and with
a deductible of up to $500; medical payments coverage in any amount also had to include an additional death
benefit of at least $5,000. Under the bill, a motor vehicle insurance policy was deemed to have $10,000 in med pay
coverage unless the insurer obtained the insured’s written refusal of medical payments coverage or a written
selection of medical payments coverage at a limit other than $10,000.
In conjunction with the passage of 2021 CS/CS/SB 54, OIR contracted with Pinnacle Actuarial Resources
(“Pinnacle”) to determine the impact such a repeal would have on motor vehicle insurance premiums in Florida.35
Released on June 14, 2021, the Pinnacle report estimated that, if PIP was repealed in Florida, motor vehicle
insurance premiums would see a 13.3 percent increase for all coverages combined, or $202 per vehicle annually
for the average driver; however, this estimate assumed that PIP would be replaced by opt-out medical payments
coverage with a default limit of $10,000.36 The report then went on to estimate that drivers rejecting medical
payments coverage would see an increase of 1.5 percent, or $23 per vehicle annually on the premium for all
coverages combined, while drivers electing to buy medical payments coverage with a $5,000 limit would see an 8.6
percent increase for the coverage premium, or approximately $131 per vehicle.37 The Governor ultimately vetoed
the bill, finding that “while the PIP system has flaws…[the bill] does not adequately address current issues facing
Florida drivers and may have unintended consequences that would negatively impact both the market and
treatment not rendered; (4) using phony diagnostic tests or misusing legitimate tests; (5) inflating charges for diagnostic tests or procedures
through brokers; and (6) filing fraudulent motor vehicle tort lawsuits. Fifteenth Statewide Grand Jury, Report on Insurance Fraud Related
To Personal Injury Protection, https://www.yourstpetelawyers.com/2000-statewide-grand-jury-report-on-pip-insurance-fraud-worth-
reading/ (last visited Mar. 27, 2025); Florida Supreme Court, Case Docket: Case No. SC 695746,
https://onlinedocketssc.flcourts.org/DocketResults/LTCases?CaseNumber=95746&CaseYear=1960 (last visited Mar. 27, 2025).
30 Ch. 2003-411, L.O.F.
31 Ch. 2007-324, L.O.F.
32 Ch. 2012-197, L.O.F.; ch. 2015-135, L.O.F.
33 Attorney fees in PIP disputes between an insured and an insurer were ultimately eliminated as part of a larger tort reform effort in 2023.
Ch. 2023-15, L.O.F.
34 The bill also included insurer “bad faith” reforms, a mandatory $5,000 death benefit, and a $10,000 setoff on damages where the injured
party lacked the required motor vehicle insurance. The Legislature ultimately adopted broader insurer “bad faith” reforms as part of a larger
tort reform effort in 2023. Ch. 2023-15, L.O.F.
35 Pinnacle Actuarial Resources, The Impact of Repealing Personal Injury Protection Coverage in Florida, https://fcep.org/wp-
content/uploads/2022/02/FloridaOIRPIPRepealImpactFinalReport06142021.pdf (last visited Mar. 27, 2025).
36 Id.
37 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
consumers.”38 However, the instant bill does not include mandatory or opt-out medical payments coverage
provisions as 2021 CS/CS/SB 54 did, and OIR has not commissioned a study on what impact, if any, passage of this
bill would have on motor vehicle insurance premiums in Florida.
Medical Payments Coverage
Florida drivers have the option to purchase medical payments coverage, in addition to their PIP coverage, to cover
medical expenses (beyond those covered by PIP) resulting from injuries sustained in a motor vehicle accident.39
Like PIP, medical payments insurance differs from BI coverage in that it covers the medical expenses of the
insured, members of the insured’s family, and the insured’s passengers regardless of who caused the accident, and
it is available whether the covered person’s injury occurs while the covered person is in the insured’s car, in
someone else’s car, or a pedestrian.40 However, medical payments coverage is typically secondary to coverage
under any applicable health insurance policy; whether or not this is the case depends on the health insurance
policy’s terms.41
Uninsured Motorist Coverage
Florida drivers have the option to purchase uninsured motorist coverage to cover injuries and damages which they
sustain in a motor vehicle accident caused by an uninsured, or underinsured, driver; such coverage can be
important as, according to a recent study, 15.9 percent of Florida drivers lacked sufficient motor vehicle liability
insurance coverage.42 Given the risks posed by uninsured drivers, a standard motor vehicle liability insurance
policy issued in Florida comes with uninsured motorist coverage; to decline such coverage, the insured must opt
out of accepting it in writing.43 Further, an uninsured motorist coverage insurer’s legal liability does not include
non-economic damages for pain, suffering, disability or physical impairment, disfigurement, mental anguish,
inconvenience, or the loss of capacity for the enjoyment of life experienced in the past and to be experienced in the
future.44
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2021 CS/CS/SB 54 Grall Burgess Vetoed by the Governor.
38 Veto Letter of Ron DeSantis, Governor, (June 29, 2021) https://www.flgov.com/eog/sites/default/files/press/SB-54-Transmittal-
Letter.pdf (last visited Mar. 27, 2025).
39 The Florida Bar, Consumer Pamphlet: Automobile Insurance, https://www.floridabar.org/public/consumer/tip002/#Untitled%20Section
(last visited Mar. 27, 2025).
40 Id.
41 Investopedia, Medical Payments Coverage (MedPay): Overview and Examples, https://www.investopedia.com/terms/m/medical-
payments-coverage.asp (last visited Mar. 27, 2025).
42 S. 627.727, F.S.; Insurance Information Institute, Facts + Statistics: Uninsured Motorists, https://www.iii.org/fact-statistic/facts-statistics-
uninsured-motorists (last visited Mar. 27, 2025).
43 S. 627.727, F.S.
44 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Civil Justice & Claims 13 Y, 2 N 3/27/2025 Jones Mawn
Subcommittee
Insurance & Banking Hamon Herrera
Subcommittee
Judiciary Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
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 1181 2025
1 A bill to be entitled
2 An act relating to motor vehicle insurance; repealing
3 ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
4 627.734, 627.736, 627.737, 627.739, 627.7401,
5 627.7403, and 627.7405, F.S., which make up the
6 Florida Motor Vehicle No-Fault Law; repealing s.
7 627.7407, F.S., relating to application of the Florida
8 Motor Vehicle No-Fault Law; amending s. 316.2122,
9 F.S.; conforming a provision to changes made by the
10 act; amending s. 316.646, F.S.; revising a requirement
11 for proof of security on a motor vehicle and the
12 applicability of the requirement; amending s. 318.18,
13 F.S.; conforming a provision to changes made by the
14 act; amending s. 320.02, F.S.; revising the motor
15 vehicle insurance coverages that an applicant must
16 show to register certain vehicles with the Department
17 of Highway Safety and Motor Vehicles; conforming a
18 provision to changes made by the act; revising
19 construction; amending s. 320.0609, F.S.; conforming a
20 provision to changes made by the act; amending s.
21 320.27, F.S.; defining the term "garage liability
22 insurance"; revising garage liability insurance
23 requirements for motor vehicle dealer license
24 applicants; conforming a provision to changes made by
25 the act; making technical changes; amending s.
Page 1 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
26 320.771, F.S.; revising garage liability insurance
27 requirements for recreational vehicle dealer license
28 applicants; amending ss. 322.251 and 322.34, F.S.;
29 conforming provisions to changes made by the act;
30 amending s. 324.011, F.S.; revising legislative
31 purpose and intent; amending s. 324.021, F.S.;
32 revising definitions; revising minimum coverage
33 requirements for proof of financial responsibility for
34 specified motor vehicles; conforming provisions to
35 changes made by the act; defining the term "for-hire
36 passenger transportation vehicle"; amending s.
37 324.022, F.S.; revising minimum liability coverage
38 requirements for motor vehicle owners or operators;
39 revising authorized methods for meeting such
40 requirements; deleting a provision relating to an
41 insurer's duty to defend certain claims; revising the
42 definition of the term "motor vehicle" to exclude some
43 vehicles; providing security requirements for certain
44 excluded vehicles; conforming provisions to changes
45 made by the act; amending s. 324.0221, F.S.; revising
46 coverages that subject a policy to certain insurer
47 reporting and notice requirements; conforming
48 provisions to changes made by the act; creating s.
49 324.0222, F.S.; providing that driver license or motor
50 vehicle registration suspensions for failure to
Page 2 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
51 maintain required security which are in effect before
52 a specified date remain in full force and effect;
53 providing that such suspended licenses or
54 registrations may be reinstated as provided in a
55 specified section; amending s. 324.023, F.S.;
56 conforming cross-references; amending s. 324.031,
57 F.S.; specifying a method of proving financial
58 responsibility by owners or operators of motor
59 vehicles other than for-hire passenger transportation
60 vehicles; revising the amount of a certificate of
61 deposit required to elect a certain method of proof of
62 financial responsibility; revising liability coverage
63 requirements for a person electing to use such method;
64 amending s. 324.032, F.S.; revising financial
65 responsibility requirements for owners or lessees of
66 for-hire passenger transportation vehicles; amending
67 s. 324.051, F.S.; making technical changes; specifying
68 that motor vehicles include motorcycles for purposes
69 of the section; amending ss. 324.071 and 324.091,
70 F.S.; making technical changes; amending s. 324.151,
71 F.S.; revising requirements for motor vehicle
72 liability insurance policies relating to coverage, and
73 exclusion from coverage, for certain drivers and
74 vehicles; conforming provisions to changes made by the
75 act; making technical changes; defining terms;
Page 3 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
76 amending s. 324.161, F.S.; revising requirements for a
77 certificate of deposit that is required if a person
78 elects a certain method of proving financial
79 responsibility; amending s. 324.171, F.S.; revising
80 the minimum net worth requirements to qualify certain
81 persons as self-insurers; conforming provisions to
82 changes made by the act; amending s. 324.242, F.S.;
83 conforming provisions to changes made by the act;
84 amending s. 324.251, F.S.; revising a short title and
85 an effective date; amending s. 400.9905, F.S.;
86 revising the definition of the term "clinic";
87 conforming provisions to changes made by the act;
88 amending ss. 400.991 and 400.9935, F.S.; conforming
89 provisions to changes made by the act; amending s.
90 409.901, F.S.; revising the definition of the term
91 "third-party benefit"; amending s. 409.910, F.S.;
92 revising the definition of the term "medical
93 coverage"; amending s. 456.057, F.S.; conforming a
94 provision to changes made by the act; amending s.
95 456.072, F.S.; revising specified grounds for
96 discipline for certain health professions; defining
97 the term "upcode"; conforming a provision to changes
98 made by the act; amending s. 626.9541, F.S.;
99 conforming a provision to changes made by the act;
100 revising certain prohibited acts related to specified
Page 4 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
101 insurance coverage payment requirements; amending s.
102 626.989, F.S.; revising the definition of the term
103 "fraudulent insurance act"; amending s. 627.06501,
104 F.S.; revising coverages that may provide for a
105 reduction in motor vehicle insurance policy premium
106 charges under certain circumstances; amending s.
107 627.0651, F.S.; specifying requirements for rate
108 filings for motor vehicle liability policies that
109 implement requirements in effect on a specified date;
110 requiring that such filings be approved through a
111 certain process; amending s. 627.0652, F.S.; revising
112 coverages that must provide a premium charge reduction
113 under certain circumstances; amending s. 627.0653,
114 F.S.; revising coverages that are subject to premium
115 discounts for specified motor vehicle equipment;
116 amending s. 627.4132, F.S.; revising coverages that
117 are subject to a stacking prohibition; amending s.
118 627.4137, F.S.; requiring insurers to disclose certain
119 information at the request of a claimant's attorney;
120 authorizing a claimant to file an action under certain
121 circumstances; providing for the award of reasonable
122 attorney fees and costs under certain circumstances;
123 amending s. 627.7263, F.S.; revising coverages that
124 are deemed primary, except under certain
125 circumstances, for the lessor of a motor vehicle for
Page 5 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
126 lease or rent; revising a notice that is required if
127 the lessee's coverage is to be primary; amending s.
128 627.727, F.S.; conforming provisions to changes made
129 by the act; revising the legal liability of an
130 uninsured motorist coverage insurer; amending s.
131 627.7275, F.S.; revising required coverages for a
132 motor vehicle insurance policy; conforming provisions
133 to changes made by the act; creating s. 627.7278,
134 F.S.; defining the term "minimum security
135 requirements"; providing a prohibition, requirements,
136 and construction relating to motor vehicle insurance
137 policies as of a certain date; requiring insurers to
138 allow certain insureds to make certain coverage
139 changes, subject to certain conditions; requiring an
140 insurer to provide, by a specified date, a specified
141 notice to policyholders relating to requirements under
142 the act; amending s. 627.728, F.S.; conforming a
143 provision to changes made by the act; amending s.
144 627.7295, F.S.; revising the definitions of the terms
145 "policy" and "binder"; revising the coverages of a
146 motor vehicle insurance policy for which a licensed
147 general lines agent may charge a specified fee;
148 conforming provisions to changes made by the act;
149 amending s. 627.7415, F.S.; revising additional
150 liability insurance requirements for commercial motor
Page 6 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
151 vehicles; amending s. 627.747, F.S.; conforming
152 provisions to changes made by the act; amending s.
153 627.748, F.S.; revising insurance requirements for
154 transportation network company drivers; conforming
155 provisions to changes made by the act; conforming
156 cross-references; amending ss. 627.7483 and 627.749,
157 F.S.; conforming provisions to changes made by the
158 act; amending s. 627.8405, F.S.; revising coverages in
159 a policy sold in combination with an accidental death
160 and dismemberment policy which a premium finance
161 company may not finance; revising rulemaking authority
162 of the Financial Services Commission; amending ss.
163 627.915, 628.909, 705.184, and 713.78, F.S.;
164 conforming provisions to changes made by the act;
165 amending s. 817.234, F.S.; revising coverages that are
166 the basis of specified prohibited false and fraudulent
167 insurance claims; conforming provisions to changes
168 made by the act; deleting provisions relating to
169 prohibited changes in certain mental or physical
170 reports; providing an appropriation; providing
171 effective dates.
172
173 Be It Enacted by the Legislature of the State of Florida:
174
175 Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
Page 7 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
176 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
177 and 627.7405, Florida Statutes, are repealed.
178 Section 2. Section 627.7407, Florida Statutes, is
179 repealed.
180 Section 3. Paragraph (e) of subsection (2) of section
181 316.2122, Florida Statutes, is amended to read:
182 316.2122 Operation of a low-speed vehicle, mini truck, or
183 low-speed autonomous delivery vehicle on certain roadways.—
184 (2) The operation of a low-speed autonomous delivery
185 vehicle on any road is authorized with the following
186 restrictions:
187 (e) A low-speed autonomous delivery vehicle must be
188 covered by a policy of automobile insurance which provides the
189 coverage required by s. 627.749(2)(a)1. and, 2., and 3. The
190 coverage requirements of this paragraph may be satisfied by
191 automobile insurance maintained by the owner of a low-speed
192 autonomous delivery vehicle, the owner of the teleoperation
193 system, the remote human operator, or a combination thereof.
194 Section 4. Subsection (1) of section 316.646, Florida
195 Statutes, is amended to read:
196 316.646 Security required; proof of security and display
197 thereof.—
198 (1) A Any person required by s. 324.022, s. 324.023, s.
199 324.032, s. 627.7415, s. 627.742, s. 627.748, or s. 627.7483 to
200 maintain liability security for property damage, liability
Page 8 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
201 security, required by s. 324.023 to maintain liability security
202 for bodily injury, or death must, or required by s. 627.733 to
203 maintain personal injury protection security on a motor vehicle
204 shall have in his or her immediate possession at all times while
205 operating a such motor vehicle proper proof of maintenance of
206 the required security.
207 (a) Such proof must shall be in a uniform paper or
208 electronic format, as prescribed by the department, a valid
209 insurance policy, an insurance policy binder, a certificate of
210 insurance, or such other proof as may be prescribed by the
211 department.
212 (b)1. The act of presenting to a law enforcement officer
213 an electronic device displaying proof of insurance in an
214 electronic format does not constitute consent for the officer to
215 access any information on the device other than the displayed
216 proof of insurance.
217 2. The person who presents the device to the officer
218 assumes the liability for any resulting damage to the device.
219 Section 5. Paragraph (b) of subsection (2) of section
220 318.18, Florida Statutes, is amended to read:
221 318.18 Amount of penalties.—The penalties required for a
222 noncriminal disposition pursuant to s. 318.14 or a criminal
223 offense listed in s. 318.17 are as follows:
224 (2) Thirty dollars for all nonmoving traffic violations
225 and:
Page 9 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
226 (b) For all violations of ss. 320.0605, 320.07(1),
227 322.065, and 322.15(1). A Any person who is cited for a
228 violation of s. 320.07(1) must shall be charged a delinquent fee
229 pursuant to s. 320.07(4).
230 1. If a person who is cited for a violation of s. 320.0605
231 or s. 320.07 can show proof of having a valid registration at
232 the time of arrest, the clerk of the court may dismiss the case
233 and may assess a dismissal fee of up to $10, from which the
234 clerk shall remit $2.50 to the Department of Revenue for deposit
235 into the General Revenue Fund. A person who finds it impossible
236 or impractical to obtain a valid registration certificate must
237 submit an affidavit detailing the reasons for the impossibility
238 or impracticality. The reasons may include, but are not limited
239 to, the fact that the vehicle was sold, stolen, or destroyed;
240 that the state in which the vehicle is registered does not issue
241 a certificate of registration; or that the vehicle is owned by
242 another person.
243 2. If a person who is cited for a violation of s. 322.03,
244 s. 322.065, or s. 322.15 can show a driver license issued to him
245 or her and valid at the time of arrest, the clerk of the court
246 may dismiss the case and may assess a dismissal fee of up to
247 $10, from which the clerk shall remit $2.50 to the Department of
248 Revenue for deposit into the General Revenue Fund.
249 3. If a person who is cited for a violation of s. 316.646
250 can show proof of security as required by s. 324.021(7) s.
Page 10 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
251 627.733, issued to the person and valid at the time of arrest,
252 the clerk of the court may dismiss the case and may assess a
253 dismissal fee of up to $10, from which the clerk shall remit
254 $2.50 to the Department of Revenue for deposit into the General
255 Revenue Fund. A person who finds it impossible or impractical to
256 obtain proof of security must submit an affidavit detailing the
257 reasons for the impracticality. The reasons may include, but are
258 not limited to, the fact that the vehicle has since been sold,
259 stolen, or destroyed; that the owner or registrant of the
260 vehicle is not required by s. 627.733 to maintain personal
261 injury protection insurance; or that the vehicle is owned by
262 another person.
263 Section 6. Paragraphs (a) and (d) of subsection (5) of
264 section 320.02, Florida Statutes, are amended to read:
265 320.02 Registration required; application for
266 registration; forms.—
267 (5)(a) Proof that bodily injury liability coverage and
268 property damage liability coverage personal injury protection
269 benefits have been purchased if required under s. 324.022, s.
270 324.032, or s. 627.742 s. 627.733, that property damage
271 liability coverage has been purchased as required under s.
272 324.022, that bodily injury liability or death coverage has been
273 purchased if required under s. 324.023, and that combined bodily
274 liability insurance and property damage liability insurance have
275 been purchased if required under s. 627.7415 must shall be
Page 11 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
276 provided in the manner prescribed by law by the applicant at the
277 time of application for registration of any motor vehicle that
278 is subject to such requirements. The issuing agent may not shall
279 refuse to issue registration if such proof of purchase is not
280 provided. Insurers shall furnish uniform proof-of-purchase cards
281 in a paper or electronic format in a form prescribed by the
282 department and include the name of the insured's insurance
283 company, the coverage identification number, and the make, year,
284 and vehicle identification number of the vehicle insured. The
285 card must contain a statement notifying the applicant of the
286 penalty specified under s. 316.646(4). The card or insurance
287 policy, insurance policy binder, or certificate of insurance or
288 a photocopy of any of these; an affidavit containing the name of
289 the insured's insurance company, the insured's policy number,
290 and the make and year of the vehicle insured; or such other
291 proof as may be prescribed by the department constitutes shall
292 constitute sufficient proof of purchase. If an affidavit is
293 provided as proof, it must be in substantially the following
294 form:
295
296 Under penalty of perjury, I ...(Name of insured)... do hereby
297 certify that I have ...(bodily injury liability and Personal
298 Injury Protection, property damage liability, and, if required,
299 Bodily Injury Liability)... insurance currently in effect with
300 ...(Name of insurance company)... under ...(policy number)...
Page 12 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
301 covering ...(make, year, and vehicle identification number of
302 vehicle).... ...(Signature of Insured)...
303
304 Such affidavit must include the following warning:
305
306 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
307 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
308 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
309 SUBJECT TO PROSECUTION.
310
311 If an application is made through a licensed motor vehicle
312 dealer as required under s. 319.23, the original or a photocopy
313 photostatic copy of such card, insurance policy, insurance
314 policy binder, or certificate of insurance or the original
315 affidavit from the insured must shall be forwarded by the dealer
316 to the tax collector of the county or the Department of Highway
317 Safety and Motor Vehicles for processing. By executing the
318 aforesaid affidavit, a no licensed motor vehicle dealer is not
319 will be liable in damages for any inadequacy, insufficiency, or
320 falsification of any statement contained therein. A card must
321 also indicate the existence of any bodily injury liability
322 insurance voluntarily purchased.
323 (d) The verifying of proof of personal injury protection
324 insurance, proof of property damage liability insurance, proof
325 of combined bodily liability insurance and property damage
Page 13 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
326 liability insurance, or proof of financial responsibility
327 insurance and the issuance or failure to issue the motor vehicle
328 registration under the provisions of this chapter may not be
329 construed in any court as a warranty of the reliability or
330 accuracy of the evidence of such proof or as meaning that the
331 provisions of any insurance policy furnished as proof of
332 financial responsibility comply with state law. Neither the
333 department nor any tax collector is liable in damages for any
334 inadequacy, insufficiency, falsification, or unauthorized
335 modification of any item of the proof of personal injury
336 protection insurance, proof of property damage liability
337 insurance, proof of combined bodily liability insurance and
338 property damage liability insurance, or proof of financial
339 responsibility before insurance prior to, during, or subsequent
340 to the verification of the proof. The issuance of a motor
341 vehicle registration does not constitute prima facie evidence or
342 a presumption of insurance coverage.
343 Section 7. Paragraph (b) of subsection (1) of section
344 320.0609, Florida Statutes, is amended to read:
345 320.0609 Transfer and exchange of registration license
346 plates; transfer fee.—
347 (1)
348 (b) The transfer of a license plate from a vehicle
349 disposed of to a newly acquired vehicle does not constitute a
350 new registration. The application for transfer must shall be
Page 14 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
351 accepted without requiring proof of personal injury protection
352 or liability insurance.
353 Section 8. Subsection (3) of section 320.27, Florida
354 Statutes, is amended, and paragraph (g) is added to subsection
355 (1) of that section, to read:
356 320.27 Motor vehicle dealers.—
357 (1) DEFINITIONS.—The following words, terms, and phrases
358 when used in this section have the meanings respectively
359 ascribed to them in this subsection, except where the context
360 clearly indicates a different meaning:
361 (g) "Garage liability insurance" means, beginning July 1,
362 2026, combined single-limit liability coverage, including
363 property damage and bodily injury liability coverage, in the
364 amount of at least $60,000.
365 (3) APPLICATION AND FEE.—The application for the license
366 application must shall be in such form as may be prescribed by
367 the department and is shall be subject to such rules with
368 respect thereto as may be so prescribed by the department it.
369 Such application must shall be verified by oath or affirmation
370 and must shall contain a full statement of the name and birth
371 date of the person or persons applying for the license therefor;
372 the name of the firm or copartnership, with the names and places
373 of residence of all members thereof, if such applicant is a firm
374 or copartnership; the names and places of residence of the
375 principal officers, if the applicant is a body corporate or
Page 15 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
376 other artificial body; the name of the state under whose laws
377 the corporation is organized; the present and former place or
378 places of residence of the applicant; and the prior business in
379 which the applicant has been engaged and its the location
380 thereof. The Such application must shall describe the exact
381 location of the place of business and must shall state whether
382 the place of business is owned by the applicant and when
383 acquired, or, if leased, a true copy of the lease must shall be
384 attached to the application. The applicant shall certify that
385 the location provides an adequately equipped office and is not a
386 residence; that the location affords sufficient unoccupied space
387 upon and within which adequately to store all motor vehicles
388 offered and displayed for sale; and that the location is a
389 suitable place where the applicant can in good faith carry on
390 such business and keep and maintain books, records, and files
391 necessary to conduct such business, which must shall be
392 available at all reasonable hours to inspection by the
393 department or any of its inspectors or other employees. The
394 applicant shall certify that the business of a motor vehicle
395 dealer is the principal business that will which shall be
396 conducted at that location. The application must shall contain a
397 statement that the applicant is either franchised by a
398 manufacturer of motor vehicles, in which case the name of each
399 motor vehicle that the applicant is franchised to sell must
400 shall be included, or an independent (nonfranchised) motor
Page 16 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
401 vehicle dealer. The application must shall contain other
402 relevant information as may be required by the department. The
403 applicant shall furnish, including evidence, in a form approved
404 by the department, that the applicant is insured under a garage
405 liability insurance policy or a general liability insurance
406 policy coupled with a business automobile policy having the
407 coverages and limits of garage liability insurance coverage in
408 accordance with paragraph (1)(g), which shall include, at a
409 minimum, $25,000 combined single-limit liability coverage
410 including bodily injury and property damage protection and
411 $10,000 personal injury protection. However, a salvage motor
412 vehicle dealer as defined in subparagraph (1)(c)5. is exempt
413 from the requirements for garage liability insurance and
414 personal injury protection insurance on those vehicles that
415 cannot be legally operated on roads, highways, or streets in
416 this state. Franchise dealers must submit a garage liability
417 insurance policy, and all other dealers must submit a garage
418 liability insurance policy or a general liability insurance
419 policy coupled with a business automobile policy. Such policy
420 must shall be for the license period, and evidence of a new or
421 continued policy must shall be delivered to the department at
422 the beginning of each license period. A licensee shall deliver
423 to the department, in the manner prescribed by the department,
424 within 10 calendar days after any renewal or continuation of or
425 change in such policy or within 10 calendar days after any
Page 17 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
426 issuance of a new policy, a copy of the renewed, continued,
427 changed, or new policy. Upon making an initial application, the
428 applicant shall pay to the department a fee of $300 in addition
429 to any other fees required by law. Applicants may choose to
430 extend the licensure period for 1 additional year for a total of
431 2 years. An initial applicant shall pay to the department a fee
432 of $300 for the first year and $75 for the second year, in
433 addition to any other fees required by law. An applicant for
434 renewal shall pay to the department $75 for a 1-year renewal or
435 $150 for a 2-year renewal, in addition to any other fees
436 required by law. Upon making an application for a change of
437 location, the applicant person shall pay a fee of $50 in
438 addition to any other fees now required by law. The department
439 shall, in the case of every application for initial licensure,
440 verify whether certain facts set forth in the application are
441 true. Each applicant, general partner in the case of a
442 partnership, or corporate officer and director in the case of a
443 corporate applicant shall, must file a set of fingerprints with
444 the department for the purpose of determining any prior criminal
445 record or any outstanding warrants. The department shall submit
446 the fingerprints to the Department of Law Enforcement for state
447 processing and forwarding to the Federal Bureau of Investigation
448 for federal processing. The actual cost of state and federal
449 processing must shall be borne by the applicant and is in
450 addition to the fee for licensure. The department may issue a
Page 18 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
451 license to an applicant pending the results of the fingerprint
452 investigation, which license is fully revocable if the
453 department subsequently determines that any facts set forth in
454 the application are not true or correctly represented.
455 Section 9. Paragraph (j) of subsection (3) of section
456 320.771, Florida Statutes, is amended to read:
457 320.771 License required of recreational vehicle dealers.—
458 (3) APPLICATION.—The application for such license shall be
459 in the form prescribed by the department and subject to such
460 rules as may be prescribed by it. The application shall be
461 verified by oath or affirmation and shall contain:
462 (j) Evidence that the applicant is insured under a garage
463 liability insurance policy as defined in s. 320.27(1)(g), which
464 shall include, at a minimum, $25,000 combined single-limit
465 liability coverage, including bodily injury and property damage
466 protection, and $10,000 personal injury protection, if the
467 applicant is to be licensed as a dealer in, or intends to sell,
468 recreational vehicles. Such policy must be for the license
469 period. Within 10 calendar days after any renewal or
470 continuation of or material change in such policy or issuance of
471 a new policy, the licensee shall deliver to the department, in a
472 manner prescribed by the department, a copy of such renewed,
473 continued, changed, or new policy. However, a garage liability
474 policy is not required for the licensure of a mobile home dealer
475 who sells only park trailers.
Page 19 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
476
477 The department shall, if it deems necessary, cause an
478 investigation to be made to ascertain if the facts set forth in
479 the application are true and shall not issue a license to the
480 applicant until it is satisfied that the facts set forth in the
481 application are true.
482 Section 10. Subsections (1) and (2) of section 322.251,
483 Florida Statutes, are amended to read:
484 322.251 Notice of cancellation, suspension, revocation, or
485 disqualification of license.—
486 (1) All orders of cancellation, suspension, revocation, or
487 disqualification issued under the provisions of this chapter,
488 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
489 be given either by personal delivery thereof to the licensee
490 whose license is being canceled, suspended, revoked, or
491 disqualified or by deposit in the United States mail in an
492 envelope, first class, postage prepaid, addressed to the
493 licensee at his or her last known mailing address furnished to
494 the department. Such mailing by the department constitutes
495 notification, and any failure by the person to receive the
496 mailed order will not affect or stay the effective date or term
497 of the cancellation, suspension, revocation, or disqualification
498 of the licensee's driving privilege.
499 (2) The giving of notice and an order of cancellation,
500 suspension, revocation, or disqualification by mail is complete
Page 20 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
501 upon expiration of 20 days after deposit in the United States
502 mail for all notices except those issued under chapter 324 or
503 ss. 627.732–627.734, which are complete 15 days after deposit in
504 the United States mail. Proof of the giving of notice and an
505 order of cancellation, suspension, revocation, or
506 disqualification in either manner must shall be made by entry in
507 the records of the department that such notice was given. The
508 entry is admissible in the courts of this state and constitutes
509 sufficient proof that such notice was given.
510 Section 11. Paragraph (a) of subsection (8) of section
511 322.34, Florida Statutes, is amended to read:
512 322.34 Driving while license suspended, revoked, canceled,
513 or disqualified.—
514 (8)(a) Upon the arrest of a person for the offense of
515 driving while the person's driver license or driving privilege
516 is suspended or revoked, the arresting officer shall determine:
517 1. Whether the person's driver license is suspended or
518 revoked, or the person is under suspension or revocation
519 equivalent status.
520 2. Whether the person's driver license has remained
521 suspended or revoked, or the person has been under suspension or
522 revocation equivalent status, since a conviction for the offense
523 of driving with a suspended or revoked license.
524 3. Whether the suspension, revocation, or suspension or
525 revocation equivalent status was made under s. 316.646 or s.
Page 21 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
526 627.733, relating to failure to maintain required security, or
527 under s. 322.264, relating to habitual traffic offenders.
528 4. Whether the driver is the registered owner or co-owner
529 of the vehicle.
530 Section 12. Section 324.011, Florida Statutes, is amended
531 to read:
532 324.011 Legislative intent; purpose of chapter.—
533 (1) It is the intent of the Legislature that this chapter:
534 (a) Ensure that the privilege of owning or operating a
535 motor vehicle in this state is exercised to recognize the
536 existing privilege to own or operate a motor vehicle on the
537 public streets and highways of this state when such vehicles are
538 used with due consideration for the safety of others and their
539 property., and to
540 (b) Promote safety. and
541 (c) Provide financial security requirements for such
542 owners and or operators whose responsibility it is to recompense
543 others for injury to person or property caused by the operation
544 of a motor vehicle.
545 (2) The purpose of this chapter is to require every owner
546 or operator of a motor vehicle that is required to be registered
547 in this state to establish, maintain, Therefore, it is required
548 herein that the operator of a motor vehicle involved in a crash
549 or convicted of certain traffic offenses meeting the operative
550 provisions of s. 324.051(2) shall respond for such damages and
Page 22 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
551 show proof of financial ability to respond for damages arising
552 out of the ownership, maintenance, or use of a motor vehicle in
553 future accidents as a requisite to owning or operating a motor
554 vehicle in this state his or her future exercise of such
555 privileges.
556 Section 13. Subsections (1) and (7) and paragraph (c) of
557 subsection (9) of section 324.021, Florida Statutes, are
558 amended, and subsection (12) is added to that section, to read:
559 324.021 Definitions; minimum insurance required.—The
560 following words and phrases when used in this chapter shall, for
561 the purpose of this chapter, have the meanings respectively
562 ascribed to them in this section, except in those instances
563 where the context clearly indicates a different meaning:
564 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
565 designed and required to be licensed for use upon a highway,
566 including trailers and semitrailers designed for use with such
567 vehicles, except traction engines, road rollers, farm tractors,
568 power shovels, and well drillers, and every vehicle that is
569 propelled by electric power obtained from overhead wires but not
570 operated upon rails, but not including any personal delivery
571 device or mobile carrier as defined in s. 316.003, bicycle,
572 electric bicycle, or moped. However, the term "motor vehicle"
573 does not include a motor vehicle as defined in s. 627.732(3)
574 when the owner of such vehicle has complied with the
575 requirements of ss. 627.730-627.7405, inclusive, unless the
Page 23 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
576 provisions of s. 324.051 apply; and, in such case, the
577 applicable proof of insurance provisions of s. 320.02 apply.
578 (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning July 1,
579 2026, That proof of ability to respond in damages for liability
580 on account of crashes arising out of the ownership, maintenance,
581 or use of a motor vehicle:
582 (a) With respect to a motor vehicle other than a
583 commercial motor vehicle, nonpublic sector bus, or for-hire
584 passenger transportation vehicle, in the amounts specified in s.
585 324.022(1). in the amount of $10,000 because of bodily injury
586 to, or death of, one person in any one crash;
587 (b) Subject to such limits for one person, in the amount
588 of $20,000 because of bodily injury to, or death of, two or more
589 persons in any one crash;
590 (c) In the amount of $10,000 because of injury to, or
591 destruction of, property of others in any one crash; and
592 (b)(d) With respect to commercial motor vehicles and
593 nonpublic sector buses, in the amounts specified in s. 627.7415
594 ss. 627.7415 and 627.742, respectively.
595 (c) With respect to nonpublic sector buses, in the amounts
596 specified in s. 627.742.
597 (d) With respect to for-hire passenger transportation
598 vehicles, in the amounts specified in s. 324.032.
599 (9) OWNER; OWNER/LESSOR; APPLICATION.—
600 (c) Application.—
Page 24 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
601 1. The limits on liability in subparagraphs (b)2. and 3.
602 do not apply to an owner of motor vehicles that are used for
603 commercial activity in the owner's ordinary course of business,
604 other than a rental company that rents or leases motor vehicles.
605 For purposes of this paragraph, the term "rental company"
606 includes only an entity that is engaged in the business of
607 renting or leasing motor vehicles to the general public and that
608 rents or leases a majority of its motor vehicles to persons with
609 no direct or indirect affiliation with the rental company. The
610 term "rental company" also includes:
611 a. A related rental or leasing company that is a
612 subsidiary of the same parent company as that of the renting or
613 leasing company that rented or leased the vehicle.
614 b. The holder of a motor vehicle title or an equity
615 interest in a motor vehicle title if the title or equity
616 interest is held pursuant to or to facilitate an asset-backed
617 securitization of a fleet of motor vehicles used solely in the
618 business of renting or leasing motor vehicles to the general
619 public and under the dominion and control of a rental company,
620 as described in this subparagraph, in the operation of such
621 rental company's business.
622 2. Furthermore, with respect to commercial motor vehicles
623 as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits
624 on liability in subparagraphs (b)2. and 3. do not apply if, at
625 the time of the incident, the commercial motor vehicle is being
Page 25 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
626 used in the transportation of materials found to be hazardous
627 for the purposes of the Hazardous Materials Transportation
628 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et
629 seq., and that is required pursuant to such act to carry
630 placards warning others of the hazardous cargo, unless at the
631 time of lease or rental either:
632 a. The lessee indicates in writing that the vehicle will
633 not be used to transport materials found to be hazardous for the
634 purposes of the Hazardous Materials Transportation Authorization
635 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
636 b. The lessee or other operator of the commercial motor
637 vehicle has in effect insurance with limits of at least $5
638 million $5,000,000 combined property damage and bodily injury
639 liability.
640 3.a. A motor vehicle dealer, or a motor vehicle dealer's
641 leasing or rental affiliate, that provides a temporary
642 replacement vehicle at no charge or at a reasonable daily charge
643 to a service customer whose vehicle is being held for repair,
644 service, or adjustment by the motor vehicle dealer is immune
645 from any cause of action and is not liable, vicariously or
646 directly, under general law solely by reason of being the owner
647 of the temporary replacement vehicle for harm to persons or
648 property that arises out of the use, or operation, of the
649 temporary replacement vehicle by any person during the period
650 the temporary replacement vehicle has been entrusted to the
Page 26 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
651 motor vehicle dealer's service customer if there is no
652 negligence or criminal wrongdoing on the part of the motor
653 vehicle owner, or its leasing or rental affiliate.
654 b. For purposes of this section, and notwithstanding any
655 other provision of general law, a motor vehicle dealer, or a
656 motor vehicle dealer's leasing or rental affiliate, that gives
657 possession, control, or use of a temporary replacement vehicle
658 to a motor vehicle dealer's service customer may not be adjudged
659 liable in a civil proceeding absent negligence or criminal
660 wrongdoing on the part of the motor vehicle dealer, or the motor
661 vehicle dealer's leasing or rental affiliate, if the motor
662 vehicle dealer or the motor vehicle dealer's leasing or rental
663 affiliate executes a written rental or use agreement and obtains
664 from the person receiving the temporary replacement vehicle a
665 copy of the person's driver license and insurance information
666 reflecting at least the minimum motor vehicle insurance coverage
667 required in the state. Any subsequent determination that the
668 driver license or insurance information provided to the motor
669 vehicle dealer, or the motor vehicle dealer's leasing or rental
670 affiliate, was in any way false, fraudulent, misleading,
671 nonexistent, canceled, not in effect, or invalid does not alter
672 or diminish the protections provided by this section, unless the
673 motor vehicle dealer, or the motor vehicle dealer's leasing or
674 rental affiliate, had actual knowledge thereof at the time
675 possession of the temporary replacement vehicle was provided.
Page 27 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
676 c. For purposes of this subparagraph, the term:
677 (I) "Control" means the power to direct the management and
678 policies of a person, whether through ownership of voting
679 securities or otherwise.
680 (II) "Motor vehicle dealer's leasing or rental affiliate"
681 means a person who directly or indirectly controls, is
682 controlled by, or is under common control with the motor vehicle
683 dealer.
684 d. For purposes of this subparagraph, the term "service
685 customer" does not include an agent or a principal of a motor
686 vehicle dealer or a motor vehicle dealer's leasing or rental
687 affiliate, and does not include an employee of a motor vehicle
688 dealer or a motor vehicle dealer's leasing or rental affiliate
689 unless the employee was provided a temporary replacement
690 vehicle:
691 (I) While the employee's personal vehicle was being held
692 for repair, service, or adjustment by the motor vehicle dealer;
693 (II) In the same manner as other customers who are
694 provided a temporary replacement vehicle while the customer's
695 vehicle is being held for repair, service, or adjustment; and
696 (III) The employee was not acting within the course and
697 scope of his or her employment.
698 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for-
699 hire vehicle as defined in s. 320.01(15) which is offered or
700 used to provide transportation for persons, including taxicabs,
Page 28 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
701 limousines, and jitneys.
702 Section 14. Section 324.022, Florida Statutes, is amended
703 to read:
704 324.022 Financial responsibility requirements for property
705 damage.—
706 (1)(a) Beginning July 1, 2026, every owner or operator of
707 a motor vehicle required to be registered in this state shall
708 establish and continuously maintain the ability to respond in
709 damages for liability on account of accidents arising out of the
710 use of the motor vehicle in the amount of:
711 1. Twenty-five thousand dollars for bodily injury to, or
712 the death of, one person in any one crash and, subject to such
713 limits for one person, in the amount of $50,000 for bodily
714 injury to, or the death of, two or more persons in any one
715 crash; and
716 2. Ten thousand dollars for $10,000 because of damage to,
717 or destruction of, property of others in any one crash.
718 (b) The requirements of paragraph (a) this section may be
719 met by one of the methods established in s. 324.031; by self-
720 insuring as authorized by s. 768.28(16); or by maintaining a
721 motor vehicle liability insurance policy that an insurance
722 policy providing coverage for property damage liability in the
723 amount of at least $10,000 because of damage to, or destruction
724 of, property of others in any one accident arising out of the
725 use of the motor vehicle. The requirements of this section may
Page 29 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
726 also be met by having a policy which provides combined property
727 damage liability and bodily injury liability coverage for any
728 one crash arising out of the ownership, maintenance, or use of a
729 motor vehicle and that conforms to the requirements of s.
730 324.151 in the amount of at least $60,000 for every owner or
731 operator subject to the financial responsibility required in
732 paragraph (a) $30,000 for combined property damage liability and
733 bodily injury liability for any one crash arising out of the use
734 of the motor vehicle. The policy, with respect to coverage for
735 property damage liability, must meet the applicable requirements
736 of s. 324.151, subject to the usual policy exclusions that have
737 been approved in policy forms by the Office of Insurance
738 Regulation. No insurer shall have any duty to defend uncovered
739 claims irrespective of their joinder with covered claims.
740 (2) As used in this section, the term:
741 (a) "Motor vehicle" means any self-propelled vehicle that
742 has four or more wheels and that is of a type designed and
743 required to be licensed for use on the highways of this state,
744 and any trailer or semitrailer designed for use with such
745 vehicle. The term does not include the following:
746 1. A mobile home as defined in s. 320.01(2)(a).
747 2. A motor vehicle that is used in mass transit and
748 designed to transport more than five passengers, exclusive of
749 the operator of the motor vehicle, and that is owned by a
750 municipality, transit authority, or political subdivision of the
Page 30 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
751 state.
752 3. A school bus as defined in s. 1006.25, which must
753 maintain security as required under s. 316.615.
754 4. A commercial motor vehicle as defined in s. 207.002 or
755 s. 320.01(25), which must maintain security as required under
756 ss. 324.031 and 627.7415.
757 5. A nonpublic sector bus, which must maintain security as
758 required under ss. 324.031 and 627.742.
759 6.4. A vehicle providing for-hire passenger transportation
760 vehicle, which must that is subject to the provisions of s.
761 324.031. A taxicab shall maintain security as required under s.
762 324.032 s. 324.032(1).
763 7.5. A personal delivery device as defined in s. 316.003,
764 which must maintain security as required under s. 316.2071(4).
765 (b) "Owner" means the person who holds legal title to a
766 motor vehicle or the debtor or lessee who has the right to
767 possession of a motor vehicle that is the subject of a security
768 agreement or lease with an option to purchase.
769 (3) Each nonresident owner or registrant of a motor
770 vehicle that, whether operated or not, has been physically
771 present within this state for more than 90 days during the
772 preceding 365 days shall maintain security as required by
773 subsection (1). The security must be that is in effect
774 continuously throughout the period the motor vehicle remains
775 within this state.
Page 31 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
776 (4) An The owner or registrant of a motor vehicle who is
777 exempt from the requirements of this section if she or he is a
778 member of the United States Armed Forces and is called to or on
779 active duty outside the United States in an emergency situation
780 is exempt from this section while he or she. The exemption
781 provided by this subsection applies only as long as the member
782 of the Armed Forces is on such active duty. This exemption
783 outside the United States and applies only while the vehicle
784 covered by the security is not operated by any person. Upon
785 receipt of a written request by the insured to whom the
786 exemption provided in this subsection applies, the insurer shall
787 cancel the coverages and return any unearned premium or suspend
788 the security required by this section. Notwithstanding s.
789 324.0221(2) s. 324.0221(3), the department may not suspend the
790 registration or operator's license of an any owner or registrant
791 of a motor vehicle during the time she or he qualifies for the
792 an exemption under this subsection. An Any owner or registrant
793 of a motor vehicle who qualifies for the an exemption under this
794 subsection shall immediately notify the department before prior
795 to and at the end of the expiration of the exemption.
796 Section 15. Subsections (1) and (2) of section 324.0221,
797 Florida Statutes, are amended to read:
798 324.0221 Reports by insurers to the department; suspension
799 of driver license and vehicle registrations; reinstatement.—
800 (1)(a) Each insurer that has issued a policy providing
Page 32 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
801 personal injury protection coverage or property damage liability
802 coverage shall report the cancellation or nonrenewal thereof to
803 the department within 10 days after the processing date or
804 effective date of each cancellation or nonrenewal. Upon the
805 issuance of a policy providing personal injury protection
806 coverage or property damage liability coverage to a named
807 insured not previously insured by the insurer during that
808 calendar year, the insurer shall report the issuance of the new
809 policy to the department within 10 days. The report must shall
810 be in the form and format and contain any information required
811 by the department and must be provided in a format that is
812 compatible with the data processing capabilities of the
813 department. Failure by an insurer to file proper reports with
814 the department as required by this subsection constitutes a
815 violation of the Florida Insurance Code. These records may shall
816 be used by the department only for enforcement and regulatory
817 purposes, including the generation by the department of data
818 regarding compliance by owners of motor vehicles with the
819 requirements for financial responsibility coverage.
820 (b) With respect to an insurance policy providing personal
821 injury protection coverage or property damage liability
822 coverage, each insurer shall notify the named insured, or the
823 first-named insured in the case of a commercial fleet policy, in
824 writing that any cancellation or nonrenewal of the policy will
825 be reported by the insurer to the department. The notice must
Page 33 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
826 also inform the named insured that failure to maintain bodily
827 injury liability personal injury protection coverage and
828 property damage liability coverage on a motor vehicle when
829 required by law may result in the loss of registration and
830 driving privileges in this state and inform the named insured of
831 the amount of the reinstatement fees required by this section.
832 This notice is for informational purposes only, and an insurer
833 is not civilly liable for failing to provide this notice.
834 (2) The department shall suspend, after due notice and an
835 opportunity to be heard, the registration and driver license of
836 any owner or registrant of a motor vehicle for with respect to
837 which security is required under s. 324.022, s. 324.023, s.
838 324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733
839 upon:
840 (a) The department's records showing that the owner or
841 registrant of such motor vehicle does did not have the in full
842 force and effect when required security in full force and effect
843 that complies with the requirements of ss. 324.022 and 627.733;
844 or
845 (b) Notification by the insurer to the department, in a
846 form approved by the department, of cancellation or termination
847 of the required security.
848 Section 16. Section 324.0222, Florida Statutes, is created
849 to read:
850 324.0222 Application of driver license and registration
Page 34 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
851 suspensions for failure to maintain security; reinstatement.—All
852 suspensions of driver licenses or motor vehicle registrations
853 for failure to maintain security as required by law in effect
854 before July 1, 2026, remain in full force and effect after July
855 1, 2026. A driver may reinstate a suspended driver license or
856 registration as provided under s. 324.0221.
857 Section 17. Section 324.023, Florida Statutes, is amended
858 to read:
859 324.023 Financial responsibility for bodily injury or
860 death.—In addition to any other financial responsibility
861 required by law, every owner or operator of a motor vehicle that
862 is required to be registered in this state, or that is located
863 within this state, and who, regardless of adjudication of guilt,
864 has been found guilty of or entered a plea of guilty or nolo
865 contendere to a charge of driving under the influence under s.
866 316.193 after October 1, 2007, shall, by one of the methods
867 established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
868 establish and maintain the ability to respond in damages for
869 liability on account of accidents arising out of the use of a
870 motor vehicle in the amount of $100,000 because of bodily injury
871 to, or death of, one person in any one crash and, subject to
872 such limits for one person, in the amount of $300,000 because of
873 bodily injury to, or death of, two or more persons in any one
874 crash and in the amount of $50,000 because of property damage in
875 any one crash. If the owner or operator chooses to establish and
Page 35 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
876 maintain such ability by furnishing a certificate of deposit
877 pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
878 deposit must be at least $350,000. Such higher limits must be
879 carried for a minimum period of 3 years. If the owner or
880 operator has not been convicted of driving under the influence
881 or a felony traffic offense for a period of 3 years from the
882 date of reinstatement of driving privileges for a violation of
883 s. 316.193, the owner or operator is shall be exempt from this
884 section.
885 Section 18. Section 324.031, Florida Statutes, is amended
886 to read:
887 324.031 Manner of proving financial responsibility.—
888 (1) The owner or operator of a taxicab, limousine, jitney,
889 or any other for-hire passenger transportation vehicle may prove
890 financial responsibility by providing satisfactory evidence of
891 holding a motor vehicle liability policy as defined in s.
892 324.021(8) or s. 324.151, which policy is issued by an insurance
893 carrier which is a member of the Florida Insurance Guaranty
894 Association. The operator or owner of a motor vehicle other than
895 a for-hire passenger transportation any other vehicle may prove
896 his or her financial responsibility by:
897 (a)(1) Furnishing satisfactory evidence of holding a motor
898 vehicle liability policy as defined in ss. 324.021(8) and
899 324.151 which provides liability coverage for the motor vehicle
900 being operated;
Page 36 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
901 (b)(2) Furnishing a certificate of self-insurance showing
902 a deposit of cash in accordance with s. 324.161; or
903 (c)(3) Furnishing a certificate of self-insurance issued
904 by the department in accordance with s. 324.171.
905 (2) Beginning July 1, 2026, any person, including any
906 firm, partnership, association, corporation, or other person,
907 other than a natural person, electing to use the method of proof
908 specified in paragraph (1)(b) subsection (2) shall do both of
909 the following:
910 (a) Furnish a certificate of deposit equal to the number
911 of vehicles owned times $60,000 $30,000, up to a maximum of
912 $240,000. $120,000;
913 (b) In addition, any such person, other than a natural
914 person, shall Maintain insurance providing coverage that meets
915 the requirements of s. 324.151 and has in excess of limits of:
916 1. At least $125,000 for bodily injury to, or the death
917 of, one person in any one crash and, subject to such limits for
918 one person, in the amount of $250,000 for bodily injury to, or
919 the death of, two or more persons in any one crash; and $50,000
920 for damage to, or destruction of, property of others in any one
921 crash; or
922 2. At least $300,000 for combined bodily injury liability
923 and property damage liability for any one crash
924 $10,000/20,000/10,000 or $30,000 combined single limits, and
925 such excess insurance shall provide minimum limits of
Page 37 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
926 $125,000/250,000/50,000 or $300,000 combined single limits.
927 These increased limits shall not affect the requirements for
928 proving financial responsibility under s. 324.032(1).
929 Section 19. Section 324.032, Florida Statutes, is amended
930 to read:
931 324.032 Manner of proving Financial responsibility for;
932 for-hire passenger transportation vehicles.—Notwithstanding the
933 provisions of s. 324.031:
934 (1) An owner or a lessee of a for-hire passenger
935 transportation vehicle that is required to be registered in this
936 state shall establish and continuously maintain the ability to
937 respond in damages for liability on account of accidents arising
938 out of the ownership, maintenance, or use of the for-hire
939 passenger transportation vehicle, in the amount of:
940 (a) One hundred twenty-five thousand dollars for bodily
941 injury to, or the death of, one person in any one crash and,
942 subject to such limits for one person, in the amount of $250,000
943 for bodily injury to, or the death of, two or more persons in
944 any one crash; and A person who is either the owner or a lessee
945 required to maintain insurance under s. 627.733(1)(b) and who
946 operates one or more taxicabs, limousines, jitneys, or any other
947 for-hire passenger transportation vehicles may prove financial
948 responsibility by furnishing satisfactory evidence of holding a
949 motor vehicle liability policy, but with minimum limits of
950 $125,000/250,000/50,000.
Page 38 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
951 (b) Fifty thousand dollars for damage to, or destruction
952 of, property of others in any one crash A person who is either
953 the owner or a lessee required to maintain insurance under s.
954 324.021(9)(b) and who operates limousines, jitneys, or any other
955 for-hire passenger vehicles, other than taxicabs, may prove
956 financial responsibility by furnishing satisfactory evidence of
957 holding a motor vehicle liability policy as defined in s.
958 324.031.
959 (2) Except as provided in subsection (3), the requirements
960 of this section must be met by the owner or lessee providing
961 satisfactory evidence of holding a motor vehicle liability
962 policy conforming to the requirements of s. 324.151 which is
963 issued by an insurance carrier that is a member of the Florida
964 Insurance Guaranty Association.
965 (3) An owner or a lessee who is required to maintain
966 insurance under s. 324.021(9)(b) and who operates at least 300
967 taxicabs, limousines, jitneys, or any other for-hire passenger
968 transportation vehicles may provide financial responsibility by
969 complying with the provisions of s. 324.171, which must such
970 compliance to be demonstrated by maintaining at its principal
971 place of business an audited financial statement, prepared in
972 accordance with generally accepted accounting principles, and
973 providing to the department a certification issued by a
974 certified public accountant that the applicant's net worth is at
975 least equal to the requirements of s. 324.171 as determined by
Page 39 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
976 the Office of Insurance Regulation of the Financial Services
977 Commission, including claims liabilities in an amount certified
978 as adequate by a Fellow of the Casualty Actuarial Society.
979
980 Upon request by the department, the applicant shall must provide
981 the department at the applicant's principal place of business in
982 this state access to the applicant's underlying financial
983 information and financial statements that provide the basis of
984 the certified public accountant's certification. The applicant
985 shall reimburse the requesting department for all reasonable
986 costs incurred by it in reviewing the supporting information.
987 The maximum amount of self-insurance permissible under this
988 subsection is $300,000 and must be stated on a per-occurrence
989 basis, and the applicant shall maintain adequate excess
990 insurance issued by an authorized or eligible insurer licensed
991 or approved by the Office of Insurance Regulation. All risks
992 self-insured shall remain with the owner or lessee providing it,
993 and the risks are not transferable to any other person, unless a
994 policy complying with subsections (1) and (2) subsection (1) is
995 obtained.
996 Section 20. Subsection (2) of section 324.051, Florida
997 Statutes, is amended, and subsection (4) is added to that
998 section, to read:
999 324.051 Reports of crashes; suspensions of licenses and
1000 registrations.—
Page 40 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1001 (2)(a) Thirty days after receipt of notice of any accident
1002 described in paragraph (1)(a) involving a motor vehicle within
1003 this state, the department shall suspend, after due notice and
1004 opportunity to be heard, the license of each operator and all
1005 registrations of the owner of the vehicles operated by such
1006 operator whether or not involved in such crash and, in the case
1007 of a nonresident owner or operator, shall suspend such
1008 nonresident's operating privilege in this state, unless such
1009 operator or owner shall, prior to the expiration of such 30
1010 days, be found by the department to be exempt from the operation
1011 of this chapter, based upon evidence satisfactory to the
1012 department that:
1013 1. The motor vehicle was legally parked at the time of
1014 such crash.
1015 2. The motor vehicle was owned by the United States
1016 Government, this state, or any political subdivision of this
1017 state or any municipality therein.
1018 3. Such operator or owner has secured a duly acknowledged
1019 written agreement providing for release from liability by all
1020 parties injured as the result of said crash and has complied
1021 with one of the provisions of s. 324.031.
1022 4. Such operator or owner has deposited with the
1023 department security to conform with s. 324.061 when applicable
1024 and has complied with one of the provisions of s. 324.031.
1025 5. One year has elapsed since such owner or operator was
Page 41 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1026 suspended pursuant to subsection (3), the owner or operator has
1027 complied with one of the provisions of s. 324.031, and no bill
1028 of complaint of which the department has notice has been filed
1029 in a court of competent jurisdiction.
1030 (b) This subsection does shall not apply:
1031 1. To such operator or owner if such operator or owner had
1032 in effect at the time of such crash or traffic conviction a
1033 motor vehicle an automobile liability policy with respect to all
1034 of the registered motor vehicles owned by such operator or
1035 owner.
1036 2. To such operator, if not the owner of such motor
1037 vehicle, if there was in effect at the time of such crash or
1038 traffic conviction a motor vehicle an automobile liability
1039 policy or bond with respect to his or her operation of motor
1040 vehicles not owned by him or her.
1041 3. To such operator or owner if the liability of such
1042 operator or owner for damages resulting from such crash is, in
1043 the judgment of the department, covered by any other form of
1044 liability insurance or bond.
1045 4. To any person who has obtained from the department a
1046 certificate of self-insurance, in accordance with s. 324.171, or
1047 to any person operating a motor vehicle for such self-insurer.
1048
1049 A No such policy or bond is not shall be effective under this
1050 subsection unless it contains limits of not less than those
Page 42 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1051 specified in s. 324.021(7).
1052 (4) As used in this section, the term "motor vehicle"
1053 includes a motorcycle as defined in s. 320.01(26).
1054 Section 21. Section 324.071, Florida Statutes, is amended
1055 to read:
1056 324.071 Reinstatement; renewal of license; reinstatement
1057 fee.—An Any operator or owner whose license or registration has
1058 been suspended pursuant to s. 324.051(2), s. 324.072, s.
1059 324.081, or s. 324.121 may effect its reinstatement upon
1060 compliance with the provisions of s. 324.051(2)(a)3. or 4., or
1061 s. 324.081(2) and (3), as the case may be, and with one of the
1062 provisions of s. 324.031 and upon payment to the department of a
1063 nonrefundable reinstatement fee of $15. Only one such fee may
1064 shall be paid by any one person regardless irrespective of the
1065 number of licenses and registrations to be then reinstated or
1066 issued to such person. All Such fees must shall be deposited in
1067 to a department trust fund. If When the reinstatement of any
1068 license or registration is effected by compliance with s.
1069 324.051(2)(a)3. or 4., the department may shall not renew the
1070 license or registration within a period of 3 years after from
1071 such reinstatement, and no nor shall any other license or
1072 registration may be issued in the name of such person, unless
1073 the operator continues is continuing to comply with one of the
1074 provisions of s. 324.031.
1075 Section 22. Subsection (1) of section 324.091, Florida
Page 43 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1076 Statutes, is amended to read:
1077 324.091 Notice to department; notice to insurer.—
1078 (1) Each owner and operator involved in a crash or
1079 conviction case within the purview of this chapter shall furnish
1080 evidence of automobile liability insurance or motor vehicle
1081 liability insurance within 14 days after the date of the mailing
1082 of notice of crash by the department in the form and manner as
1083 it may designate. Upon receipt of evidence that a an automobile
1084 liability policy or motor vehicle liability policy was in effect
1085 at the time of the crash or conviction case, the department
1086 shall forward to the insurer such information for verification
1087 in a method as determined by the department. The insurer shall
1088 respond to the department within 20 days after the notice as to
1089 whether or not such information is valid. If the department
1090 determines that a an automobile liability policy or motor
1091 vehicle liability policy was not in effect and did not provide
1092 coverage for both the owner and the operator, it must shall take
1093 action as it is authorized to do under this chapter.
1094 Section 23. Section 324.151, Florida Statutes, is amended
1095 to read:
1096 324.151 Motor vehicle liability policies; required
1097 provisions.—
1098 (1) A motor vehicle liability policy that serves as to be
1099 proof of financial responsibility under s. 324.031(1)(a) must s.
1100 324.031(1) shall be issued to owners or operators of motor
Page 44 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1101 vehicles under the following provisions:
1102 (a) A motor vehicle An owner's liability insurance policy
1103 issued to an owner of a motor vehicle required to be registered
1104 in this state must designate by explicit description or by
1105 appropriate reference all motor vehicles for with respect to
1106 which coverage is thereby granted. The policy, must insure the
1107 person or persons owner named therein, and, unless except for a
1108 named driver excluded under s. 627.747, must insure any resident
1109 relative of a named insured other person as operator using such
1110 motor vehicle or motor vehicles with the express or implied
1111 permission of such owner against loss from the liability imposed
1112 by law for damage arising out of the ownership, maintenance, or
1113 use of any such motor vehicle or motor vehicles within the
1114 United States or the Dominion of Canada, subject to limits,
1115 exclusive of interest and costs with respect to each such motor
1116 vehicle as is provided for under s. 324.021(7). The policy must
1117 also insure any person operating an insured motor vehicle with
1118 the express or implied permission of a named insured against
1119 loss from the liability imposed by law for damage arising out of
1120 the use of any motor vehicle, unless that person was excluded
1121 under s. 627.747. However, the insurer may include provisions in
1122 its policy excluding liability coverage for a motor vehicle not
1123 designated as an insured vehicle on the policy if such motor
1124 vehicle does not qualify as a newly acquired vehicle or as a
1125 temporary substitute vehicle and was owned by the insured or was
Page 45 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1126 furnished for an insured's regular use for more than 30
1127 consecutive days before the event giving rise to the claim.
1128 Insurers may make available, with respect to property damage
1129 liability coverage, a deductible amount not to exceed $500. In
1130 the event of a property damage loss covered by a policy
1131 containing a property damage deductible provision, the insurer
1132 shall pay to the third-party claimant the amount of any property
1133 damage liability settlement or judgment, subject to policy
1134 limits, as if no deductible existed.
1135 (b) A motor vehicle liability insurance policy issued to a
1136 person who does not own a An operator's motor vehicle must
1137 liability policy of insurance shall insure the person or persons
1138 named therein against loss from the liability imposed upon him
1139 or her by law for damages arising out of the use by the person
1140 of any motor vehicle not owned by him or her, with the same
1141 territorial limits and subject to the same limits of liability
1142 as referred to above with respect to an owner's policy of
1143 liability insurance.
1144 (c) All such motor vehicle liability policies must provide
1145 liability coverage with limits, exclusive of interest and costs,
1146 greater than or equal to the limits specified under s.
1147 324.021(7) for accidents occurring within the United States and
1148 Canada. The policies must shall state the name and address of
1149 the named insured, the coverage afforded by the policy, the
1150 premium charged therefor, the policy period, and the limits of
Page 46 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1151 liability, and must shall contain an agreement or be endorsed
1152 that insurance is provided in accordance with the coverage
1153 defined in this chapter as respects bodily injury and death or
1154 property damage or both and is subject to all provisions of this
1155 chapter. The Said policies must shall also contain a provision
1156 that the satisfaction by an insured of a judgment for such
1157 injury or damage may shall not be a condition precedent to the
1158 right or duty of the insurance carrier to make payment on
1159 account of such injury or damage, and must shall also contain a
1160 provision that bankruptcy or insolvency of the insured or of the
1161 insured's estate does shall not relieve the insurance carrier of
1162 any of its obligations under the said policy.
1163 (2) The provisions of This section is shall not be
1164 applicable to any motor vehicle automobile liability policy
1165 unless and until it is furnished as proof of financial
1166 responsibility for the future pursuant to s. 324.031, and then
1167 applies only from and after the date the said policy is so
1168 furnished.
1169 (3) As used in this section, the term:
1170 (a) "Newly acquired vehicle" means a vehicle owned by a
1171 named insured or resident relative of the named insured which
1172 was acquired no more than 30 days before an accident.
1173 (b) "Resident relative" means a person related to a named
1174 insured by any degree by blood, marriage, or adoption, including
1175 a ward or foster child, who makes his or her home in the same
Page 47 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1176 family unit or residence as the named insured, regardless of
1177 whether he or she temporarily lives elsewhere.
1178 (c) "Temporary substitute vehicle" means any motor vehicle
1179 that is not owned by the named insured and that is temporarily
1180 used with the permission of the owner as a substitute for the
1181 owned motor vehicle designated on the policy when the owned
1182 vehicle is withdrawn from normal use because of breakdown,
1183 repair, servicing, loss, or destruction.
1184 Section 24. Section 324.161, Florida Statutes, is amended
1185 to read:
1186 324.161 Proof of financial responsibility; deposit.—If a
1187 person elects to prove his or her financial responsibility under
1188 the method of proof specified in s. 324.031(1)(b), he or she
1189 annually must obtain and submit to the department proof of a
1190 certificate of deposit in the amount required under s.
1191 324.031(2) from a financial institution insured by the Federal
1192 Deposit Insurance Corporation or the National Credit Union
1193 Administration Annually, before any certificate of insurance may
1194 be issued to a person, including any firm, partnership,
1195 association, corporation, or other person, other than a natural
1196 person, proof of a certificate of deposit of $30,000 issued and
1197 held by a financial institution must be submitted to the
1198 department. A power of attorney will be issued to and held by
1199 the department, and may be executed upon a judgment issued
1200 against such person making the deposit, for damages for because
Page 48 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1201 of bodily injury to or death of any person or for damages for
1202 because of injury to or destruction of property resulting from
1203 the use or operation of any motor vehicle occurring after such
1204 deposit was made. Money so deposited is shall not be subject to
1205 attachment or execution unless such attachment or execution
1206 arises shall arise out of a lawsuit suit for such damages as
1207 aforesaid.
1208 Section 25. Subsections (1) and (2) of section 324.171,
1209 Florida Statutes, are amended to read:
1210 324.171 Self-insurer.—
1211 (1) A Any person may qualify as a self-insurer by
1212 obtaining a certificate of self-insurance from the department.
1213 which may, in its discretion and Upon application of such a
1214 person, the department may issue a said certificate of self-
1215 insurance to an applicant who satisfies when such person has
1216 satisfied the requirements of this section. Effective July 1,
1217 2026 to qualify as a self-insurer under this section:
1218 (a) A private individual with private passenger vehicles
1219 shall possess a net unencumbered worth of at least $100,000
1220 $40,000.
1221 (b) A person, including any firm, partnership,
1222 association, corporation, or other person, other than a natural
1223 person, shall:
1224 1. Possess a net unencumbered worth of at least $100,000
1225 $40,000 for the first motor vehicle and $50,000 $20,000 for each
Page 49 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1226 additional motor vehicle; or
1227 2. Maintain sufficient net worth, in an amount determined
1228 by the department, to be financially responsible for potential
1229 losses. The department annually shall determine the minimum net
1230 worth sufficient to satisfy this subparagraph as determined
1231 annually by the department, pursuant to rules adopted
1232 promulgated by the department, with the assistance of the Office
1233 of Insurance Regulation of the Financial Services Commission, to
1234 be financially responsible for potential losses. The rules must
1235 consider any shall take into consideration excess insurance
1236 carried by the applicant. The department's determination must
1237 shall be based upon reasonable actuarial principles considering
1238 the frequency, severity, and loss development of claims incurred
1239 by casualty insurers writing coverage on the type of motor
1240 vehicles for which a certificate of self-insurance is desired.
1241 (c) The owner of a commercial motor vehicle, as defined in
1242 s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self-
1243 insurer subject to the standards provided for in subparagraph
1244 (b)2.
1245 (2) The self-insurance certificate must shall provide
1246 limits of liability insurance in the amounts specified under s.
1247 324.021(7) or s. 627.7415 and shall provide personal injury
1248 protection coverage under s. 627.733(3)(b).
1249 Section 26. Subsections (1) and (3) of section 324.242,
1250 Florida Statutes, are amended to read:
Page 50 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1251 324.242 Personal injury protection and property damage
1252 Liability insurance policies; public records exemption.—
1253 (1) The following information regarding motor vehicle
1254 personal injury protection and property damage liability
1255 insurance policies held by the department is confidential and
1256 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1257 Constitution:
1258 (a) Personal identifying information of an insured or
1259 former insured; and
1260 (b) An insurance policy number.
1261 (3) The department shall provide motor vehicle personal
1262 injury protection and property damage liability insurance policy
1263 numbers to department-approved third parties that provide data
1264 collection services to an insurer of any person involved in such
1265 accident.
1266 Section 27. Section 324.251, Florida Statutes, is amended
1267 to read:
1268 324.251 Short title.—This chapter may be cited as the
1269 "Financial Responsibility Law of 2025 1955" and is shall become
1270 effective at 12:01 a.m., July 1, 2026 October 1, 1955.
1271 Section 28. Subsection (4) of section 400.9905, Florida
1272 Statutes, is amended to read:
1273 400.9905 Definitions.—
1274 (4)(a) "Clinic" means an entity where health care services
1275 are provided to individuals and which tenders charges for
Page 51 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1276 reimbursement for such services, including a mobile clinic and a
1277 portable equipment provider. As used in this part, the term does
1278 not include and the licensure requirements of this part do not
1279 apply to:
1280 1.(a) Entities licensed or registered by the state under
1281 chapter 395; entities licensed or registered by the state and
1282 providing only health care services within the scope of services
1283 authorized under their respective licenses under ss. 383.30-
1284 383.332, chapter 390, chapter 394, chapter 397, this chapter
1285 except part X, chapter 429, chapter 463, chapter 465, chapter
1286 466, chapter 478, chapter 484, or chapter 651; end-stage renal
1287 disease providers authorized under 42 C.F.R. part 494; providers
1288 certified and providing only health care services within the
1289 scope of services authorized under their respective
1290 certifications under 42 C.F.R. part 485, subpart B, subpart H,
1291 or subpart J; providers certified and providing only health care
1292 services within the scope of services authorized under their
1293 respective certifications under 42 C.F.R. part 486, subpart C;
1294 providers certified and providing only health care services
1295 within the scope of services authorized under their respective
1296 certifications under 42 C.F.R. part 491, subpart A; providers
1297 certified by the Centers for Medicare and Medicaid Services
1298 under the federal Clinical Laboratory Improvement Amendments and
1299 the federal rules adopted thereunder; or any entity that
1300 provides neonatal or pediatric hospital-based health care
Page 52 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1301 services or other health care services by licensed practitioners
1302 solely within a hospital licensed under chapter 395.
1303 2.(b) Entities that own, directly or indirectly, entities
1304 licensed or registered by the state pursuant to chapter 395;
1305 entities that own, directly or indirectly, entities licensed or
1306 registered by the state and providing only health care services
1307 within the scope of services authorized pursuant to their
1308 respective licenses under ss. 383.30-383.332, chapter 390,
1309 chapter 394, chapter 397, this chapter except part X, chapter
1310 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1311 484, or chapter 651; end-stage renal disease providers
1312 authorized under 42 C.F.R. part 494; providers certified and
1313 providing only health care services within the scope of services
1314 authorized under their respective certifications under 42 C.F.R.
1315 part 485, subpart B, subpart H, or subpart J; providers
1316 certified and providing only health care services within the
1317 scope of services authorized under their respective
1318 certifications under 42 C.F.R. part 486, subpart C; providers
1319 certified and providing only health care services within the
1320 scope of services authorized under their respective
1321 certifications under 42 C.F.R. part 491, subpart A; providers
1322 certified by the Centers for Medicare and Medicaid Services
1323 under the federal Clinical Laboratory Improvement Amendments and
1324 the federal rules adopted thereunder; or any entity that
1325 provides neonatal or pediatric hospital-based health care
Page 53 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1326 services by licensed practitioners solely within a hospital
1327 licensed under chapter 395.
1328 3.(c) Entities that are owned, directly or indirectly, by
1329 an entity licensed or registered by the state pursuant to
1330 chapter 395; entities that are owned, directly or indirectly, by
1331 an entity licensed or registered by the state and providing only
1332 health care services within the scope of services authorized
1333 pursuant to their respective licenses under ss. 383.30-383.332,
1334 chapter 390, chapter 394, chapter 397, this chapter except part
1335 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
1336 478, chapter 484, or chapter 651; end-stage renal disease
1337 providers authorized under 42 C.F.R. part 494; providers
1338 certified and providing only health care services within the
1339 scope of services authorized under their respective
1340 certifications under 42 C.F.R. part 485, subpart B, subpart H,
1341 or subpart J; providers certified and providing only health care
1342 services within the scope of services authorized under their
1343 respective certifications under 42 C.F.R. part 486, subpart C;
1344 providers certified and providing only health care services
1345 within the scope of services authorized under their respective
1346 certifications under 42 C.F.R. part 491, subpart A; providers
1347 certified by the Centers for Medicare and Medicaid Services
1348 under the federal Clinical Laboratory Improvement Amendments and
1349 the federal rules adopted thereunder; or any entity that
1350 provides neonatal or pediatric hospital-based health care
Page 54 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1351 services by licensed practitioners solely within a hospital
1352 under chapter 395.
1353 4.(d) Entities that are under common ownership, directly
1354 or indirectly, with an entity licensed or registered by the
1355 state pursuant to chapter 395; entities that are under common
1356 ownership, directly or indirectly, with an entity licensed or
1357 registered by the state and providing only health care services
1358 within the scope of services authorized pursuant to their
1359 respective licenses under ss. 383.30-383.332, chapter 390,
1360 chapter 394, chapter 397, this chapter except part X, chapter
1361 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1362 484, or chapter 651; end-stage renal disease providers
1363 authorized under 42 C.F.R. part 494; providers certified and
1364 providing only health care services within the scope of services
1365 authorized under their respective certifications under 42 C.F.R.
1366 part 485, subpart B, subpart H, or subpart J; providers
1367 certified and providing only health care services within the
1368 scope of services authorized under their respective
1369 certifications under 42 C.F.R. part 486, subpart C; providers
1370 certified and providing only health care services within the
1371 scope of services authorized under their respective
1372 certifications under 42 C.F.R. part 491, subpart A; providers
1373 certified by the Centers for Medicare and Medicaid Services
1374 under the federal Clinical Laboratory Improvement Amendments and
1375 the federal rules adopted thereunder; or any entity that
Page 55 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1376 provides neonatal or pediatric hospital-based health care
1377 services by licensed practitioners solely within a hospital
1378 licensed under chapter 395.
1379 5.(e) An entity that is exempt from federal taxation under
1380 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
1381 under 26 U.S.C. s. 409 that has a board of trustees at least
1382 two-thirds of which are Florida-licensed health care
1383 practitioners and provides only physical therapy services under
1384 physician orders, any community college or university clinic,
1385 and any entity owned or operated by the federal or state
1386 government, including agencies, subdivisions, or municipalities
1387 thereof.
1388 6.(f) A sole proprietorship, group practice, partnership,
1389 or corporation that provides health care services by physicians
1390 covered by s. 627.419, that is directly supervised by one or
1391 more of such physicians, and that is wholly owned by one or more
1392 of those physicians or by a physician and the spouse, parent,
1393 child, or sibling of that physician.
1394 7.(g) A sole proprietorship, group practice, partnership,
1395 or corporation that provides health care services by licensed
1396 health care practitioners under chapter 457, chapter 458,
1397 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1398 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
1399 chapter 490, chapter 491, or part I, part III, part X, part
1400 XIII, or part XIV of chapter 468, or s. 464.012, and that is
Page 56 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1401 wholly owned by one or more licensed health care practitioners,
1402 or the licensed health care practitioners set forth in this
1403 subparagraph paragraph and the spouse, parent, child, or sibling
1404 of a licensed health care practitioner if one of the owners who
1405 is a licensed health care practitioner is supervising the
1406 business activities and is legally responsible for the entity's
1407 compliance with all federal and state laws. However, a health
1408 care practitioner may not supervise services beyond the scope of
1409 the practitioner's license, except that, for the purposes of
1410 this part, a clinic owned by a licensee in s. 456.053(3)(b)
1411 which provides only services authorized pursuant to s.
1412 456.053(3)(b) may be supervised by a licensee specified in s.
1413 456.053(3)(b).
1414 8.(h) Clinical facilities affiliated with an accredited
1415 medical school at which training is provided for medical
1416 students, residents, or fellows.
1417 9.(i) Entities that provide only oncology or radiation
1418 therapy services by physicians licensed under chapter 458 or
1419 chapter 459 or entities that provide oncology or radiation
1420 therapy services by physicians licensed under chapter 458 or
1421 chapter 459 which are owned by a corporation whose shares are
1422 publicly traded on a recognized stock exchange.
1423 10.(j) Clinical facilities affiliated with a college of
1424 chiropractic accredited by the Council on Chiropractic Education
1425 at which training is provided for chiropractic students.
Page 57 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1426 11.(k) Entities that provide licensed practitioners to
1427 staff emergency departments or to deliver anesthesia services in
1428 facilities licensed under chapter 395 and that derive at least
1429 90 percent of their gross annual revenues from the provision of
1430 such services. Entities claiming an exemption from licensure
1431 under this subparagraph paragraph must provide documentation
1432 demonstrating compliance.
1433 12.(l) Orthotic, prosthetic, pediatric cardiology, or
1434 perinatology clinical facilities or anesthesia clinical
1435 facilities that are not otherwise exempt under subparagraph 1.
1436 or subparagraph 11. paragraph (a) or paragraph (k) and that are
1437 a publicly traded corporation or are wholly owned, directly or
1438 indirectly, by a publicly traded corporation. As used in this
1439 subparagraph paragraph, a publicly traded corporation is a
1440 corporation that issues securities traded on an exchange
1441 registered with the United States Securities and Exchange
1442 Commission as a national securities exchange.
1443 13.(m) Entities that are owned by a corporation that has
1444 $250 million or more in total annual sales of health care
1445 services provided by licensed health care practitioners where
1446 one or more of the persons responsible for the operations of the
1447 entity is a health care practitioner who is licensed in this
1448 state and who is responsible for supervising the business
1449 activities of the entity and is responsible for the entity's
1450 compliance with state law for purposes of this part.
Page 58 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1451 14.(n) Entities that employ 50 or more licensed health
1452 care practitioners licensed under chapter 458 or chapter 459
1453 where the billing for medical services is under a single tax
1454 identification number. The application for exemption under this
1455 subsection must include shall contain information that includes:
1456 the name, residence, and business address and telephone phone
1457 number of the entity that owns the practice; a complete list of
1458 the names and contact information of all the officers and
1459 directors of the corporation; the name, residence address,
1460 business address, and medical license number of each licensed
1461 Florida health care practitioner employed by the entity; the
1462 corporate tax identification number of the entity seeking an
1463 exemption; a listing of health care services to be provided by
1464 the entity at the health care clinics owned or operated by the
1465 entity; and a certified statement prepared by an independent
1466 certified public accountant which states that the entity and the
1467 health care clinics owned or operated by the entity have not
1468 received payment for health care services under medical payments
1469 personal injury protection insurance coverage for the preceding
1470 year. If the agency determines that an entity that which is
1471 exempt under this subsection has received payments for medical
1472 services under medical payments personal injury protection
1473 insurance coverage, the agency may deny or revoke the exemption
1474 from licensure under this subsection.
1475 15.(o) Entities that are, directly or indirectly, under
Page 59 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1476 the common ownership of or that are subject to common control by
1477 a mutual insurance holding company, as defined in s. 628.703,
1478 with an entity issued a certificate of authority under chapter
1479 624 or chapter 641 which has $1 billion or more in total annual
1480 sales in this state.
1481 16.(p) Entities that are owned by an entity that is a
1482 behavioral health care service provider in at least five other
1483 states; that, together with its affiliates, have $90 million or
1484 more in total annual revenues associated with the provision of
1485 behavioral health care services; and wherein one or more of the
1486 persons responsible for the operations of the entity is a health
1487 care practitioner who is licensed in this state, who is
1488 responsible for supervising the business activities of the
1489 entity, and who is responsible for the entity's compliance with
1490 state law for purposes of this part.
1491 17.(q) Medicaid providers.
1492 (b) Notwithstanding paragraph (a) this subsection, an
1493 entity shall be deemed a clinic and must be licensed under this
1494 part in order to receive medical payments coverage reimbursement
1495 unless the entity is:
1496 1. Wholly owned by a physician licensed under chapter 458
1497 or chapter 459 or by the physician and the spouse, parent,
1498 child, or sibling of the physician;
1499 2. Wholly owned by a dentist licensed under chapter 466 or
1500 by the dentist and the spouse, parent, child, or sibling of the
Page 60 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1501 dentist;
1502 3. Wholly owned by a chiropractic physician licensed under
1503 chapter 460 or by the chiropractic physician and the spouse,
1504 parent, child, or sibling of the chiropractic physician;
1505 4. A hospital or an ambulatory surgical center licensed
1506 under chapter 395;
1507 5. An entity that wholly owns or is wholly owned, directly
1508 or indirectly, by a hospital or hospitals licensed under chapter
1509 395;
1510 6. A clinical facility affiliated with an accredited
1511 medical school at which training is provided for medical
1512 students, residents, or fellows;
1513 7. Certified under 42 C.F.R. part 485, subpart H; or
1514 8. Owned by a publicly traded corporation, either directly
1515 or indirectly through its subsidiaries, which has $250 million
1516 or more in total annual sales of health care services provided
1517 by licensed health care practitioners, if one or more of the
1518 persons responsible for the operations of the entity are health
1519 care practitioners who are licensed in this state and who are
1520 responsible for supervising the business activities of the
1521 entity and the entity's compliance with state law for purposes
1522 of this subsection under the Florida Motor Vehicle No-Fault Law,
1523 ss. 627.730-627.7405, unless exempted under s. 627.736(5)(h).
1524 Section 29. Subsection (5) of section 400.991, Florida
1525 Statutes, is amended to read:
Page 61 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1526 400.991 License requirements; background screenings;
1527 prohibitions.—
1528 (5) All agency forms for licensure application or
1529 exemption from licensure under this part must contain the
1530 following statement:
1531
1532 INSURANCE FRAUD NOTICE.—A person commits a fraudulent
1533 insurance act, as defined in s. 626.989, Florida
1534 Statutes, if the person who knowingly submits a false,
1535 misleading, or fraudulent application or other
1536 document when applying for licensure as a health care
1537 clinic, seeking an exemption from licensure as a
1538 health care clinic, or demonstrating compliance with
1539 part X of chapter 400, Florida Statutes, with the
1540 intent to use the license, exemption from licensure,
1541 or demonstration of compliance to provide services or
1542 seek reimbursement under a motor vehicle liability
1543 insurance policy's medical payments coverage the
1544 Florida Motor Vehicle No-Fault Law, commits a
1545 fraudulent insurance act, as defined in s. 626.989,
1546 Florida Statutes. A person who presents a claim for
1547 benefits under medical payments coverage personal
1548 injury protection benefits knowing that the payee
1549 knowingly submitted such health care clinic
1550 application or document commits insurance fraud, as
Page 62 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1551 defined in s. 817.234, Florida Statutes.
1552 Section 30. Paragraph (g) of subsection (1) of section
1553 400.9935, Florida Statutes, is amended to read:
1554 400.9935 Clinic responsibilities.—
1555 (1) Each clinic shall appoint a medical director or clinic
1556 director who shall agree in writing to accept legal
1557 responsibility for the following activities on behalf of the
1558 clinic. The medical director or the clinic director shall:
1559 (g) Conduct systematic reviews of clinic billings to
1560 ensure that the billings are not fraudulent or unlawful. Upon
1561 discovery of an unlawful charge, the medical director or clinic
1562 director shall take immediate corrective action. If the clinic
1563 performs only the technical component of magnetic resonance
1564 imaging, static radiographs, computed tomography, or positron
1565 emission tomography, and provides the professional
1566 interpretation of such services, in a fixed facility that is
1567 accredited by a national accrediting organization that is
1568 approved by the Centers for Medicare and Medicaid Services for
1569 magnetic resonance imaging and advanced diagnostic imaging
1570 services and if, in the preceding quarter, the percentage of
1571 scans performed by that clinic which was billed to motor vehicle
1572 all personal injury protection insurance carriers under medical
1573 payments coverage was less than 15 percent, the chief financial
1574 officer of the clinic may, in a written acknowledgment provided
1575 to the agency, assume the responsibility for the conduct of the
Page 63 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1576 systematic reviews of clinic billings to ensure that the
1577 billings are not fraudulent or unlawful.
1578 Section 31. Subsection (28) of section 409.901, Florida
1579 Statutes, is amended to read:
1580 409.901 Definitions; ss. 409.901-409.920.—As used in ss.
1581 409.901-409.920, except as otherwise specifically provided, the
1582 term:
1583 (28) "Third-party benefit" means any benefit that is or
1584 may be available at any time through contract, court award,
1585 judgment, settlement, agreement, or any arrangement between a
1586 third party and any person or entity, including, without
1587 limitation, a Medicaid recipient, a provider, another third
1588 party, an insurer, or the agency, for any Medicaid-covered
1589 injury, illness, goods, or services, including costs of medical
1590 services related thereto, for bodily personal injury or for
1591 death of the recipient, but specifically excluding policies of
1592 life insurance policies on the recipient, unless available under
1593 terms of the policy to pay medical expenses before prior to
1594 death. The term includes, without limitation, collateral, as
1595 defined in this section;, health insurance;, any benefit under a
1596 health maintenance organization, a preferred provider
1597 arrangement, a prepaid health clinic, liability insurance,
1598 uninsured motorist insurance, or medical payments coverage; or
1599 personal injury protection coverage, medical benefits under
1600 workers' compensation;, and any obligation under law or equity
Page 64 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1601 to provide medical support.
1602 Section 32. Paragraph (f) of subsection (11) of section
1603 409.910, Florida Statutes, is amended to read:
1604 409.910 Responsibility for payments on behalf of Medicaid-
1605 eligible persons when other parties are liable.—
1606 (11) The agency may, as a matter of right, in order to
1607 enforce its rights under this section, institute, intervene in,
1608 or join any legal or administrative proceeding in its own name
1609 in one or more of the following capacities: individually, as
1610 subrogee of the recipient, as assignee of the recipient, or as
1611 lienholder of the collateral.
1612 (f) Notwithstanding any provision in this section to the
1613 contrary, in the event of an action in tort against a third
1614 party in which the recipient or his or her legal representative
1615 is a party which results in a judgment, award, or settlement
1616 from a third party, the amount recovered shall be distributed as
1617 follows:
1618 1. After attorney attorney's fees and taxable costs as
1619 defined by the Florida Rules of Civil Procedure, one-half of the
1620 remaining recovery shall be paid to the agency up to the total
1621 amount of medical assistance provided by Medicaid.
1622 2. The remaining amount of the recovery shall be paid to
1623 the recipient.
1624 3. For purposes of calculating the agency's recovery of
1625 medical assistance benefits paid, the fee for services of an
Page 65 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1626 attorney retained by the recipient or his or her legal
1627 representative shall be calculated at 25 percent of the
1628 judgment, award, or settlement.
1629 4. Notwithstanding any other provision of this section to
1630 the contrary, the agency is shall be entitled to all medical
1631 coverage benefits up to the total amount of medical assistance
1632 provided by Medicaid. For purposes of this paragraph, the term
1633 "medical coverage" means any benefits under health insurance, a
1634 health maintenance organization, a preferred provider
1635 arrangement, or a prepaid health clinic, and the portion of
1636 benefits designated for medical payments under coverage for
1637 workers' compensation coverage, motor vehicle insurance
1638 coverage, personal injury protection, and casualty coverage.
1639 Section 33. Paragraph (k) of subsection (2) of section
1640 456.057, Florida Statutes, is amended to read:
1641 456.057 Ownership and control of patient records; report
1642 or copies of records to be furnished; disclosure of
1643 information.—
1644 (2) As used in this section, the terms "records owner,"
1645 "health care practitioner," and "health care practitioner's
1646 employer" do not include any of the following persons or
1647 entities; furthermore, the following persons or entities are not
1648 authorized to acquire or own medical records, but are authorized
1649 under the confidentiality and disclosure requirements of this
1650 section to maintain those documents required by the part or
Page 66 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1651 chapter under which they are licensed or regulated:
1652 (k) Persons or entities practicing under s. 627.736(7).
1653 Section 34. Paragraphs (ee) and (ff) of subsection (1) of
1654 section 456.072, Florida Statutes, are amended to read:
1655 456.072 Grounds for discipline; penalties; enforcement.—
1656 (1) The following acts shall constitute grounds for which
1657 the disciplinary actions specified in subsection (2) may be
1658 taken:
1659 (ee) With respect to making a medical payments coverage
1660 personal injury protection claim as required by s. 627.736,
1661 intentionally submitting a claim, statement, or bill that has
1662 been upcoded. As used in this paragraph, the term "upcode" means
1663 to submit a billing code that would result in a greater payment
1664 amount than would be paid using a billing code that accurately
1665 describes the services performed. The term does not include an
1666 otherwise lawful bill by a magnetic resonance imaging facility
1667 which globally combines both technical and professional
1668 components, if the amount of the global bill is not more than
1669 the components if billed separately; however, payment of such a
1670 bill constitutes payment in full for all components of such
1671 service "upcoded" as defined in s. 627.732.
1672 (ff) With respect to making a medical payments coverage
1673 personal injury protection claim as required by s. 627.736,
1674 intentionally submitting a claim, statement, or bill for payment
1675 of services that were not rendered.
Page 67 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1676 Section 35. Paragraphs (i) and (o) of subsection (1) of
1677 section 626.9541, Florida Statutes, are amended to read:
1678 626.9541 Unfair methods of competition and unfair or
1679 deceptive acts or practices defined.—
1680 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1681 ACTS.—The following are defined as unfair methods of competition
1682 and unfair or deceptive acts or practices:
1683 (i) Unfair claim settlement practices.—
1684 1. Attempting to settle claims on the basis of an
1685 application, when serving as a binder or intended to become a
1686 part of the policy, or any other material document which was
1687 altered without notice to, or knowledge or consent of, the
1688 insured;
1689 2. Making a material misrepresentation made to an insured
1690 or any other person having an interest in the proceeds payable
1691 under such contract or policy, for the purpose and with the
1692 intent of effecting settlement of such claims, loss, or damage
1693 under such contract or policy on less favorable terms than those
1694 provided in, and contemplated by, such contract or policy;
1695 3. Committing or performing with such frequency as to
1696 indicate a general business practice any of the following:
1697 a. Failing to adopt and implement standards for the proper
1698 investigation of claims;
1699 b. Misrepresenting pertinent facts or insurance policy
1700 provisions relating to coverages at issue;
Page 68 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1701 c. Failing to acknowledge and act promptly upon
1702 communications with respect to claims;
1703 d. Denying claims without conducting reasonable
1704 investigations based upon available information;
1705 e. Failing to affirm or deny full or partial coverage of
1706 claims, and, as to partial coverage, the dollar amount or extent
1707 of coverage, or failing to provide a written statement that the
1708 claim is being investigated, upon the written request of the
1709 insured within 30 days after proof-of-loss statements have been
1710 completed;
1711 f. Failing to promptly provide a reasonable explanation in
1712 writing to the insured of the basis in the insurance policy, in
1713 relation to the facts or applicable law, for denial of a claim
1714 or for the offer of a compromise settlement;
1715 g. Failing to promptly notify the insured of any
1716 additional information necessary for the processing of a claim;
1717 h. Failing to clearly explain the nature of the requested
1718 information and the reasons why such information is necessary;
1719 or
1720 i. Failing to pay personal injury protection insurance
1721 claims within the time periods required by s. 627.736(4)(b). The
1722 office may order the insurer to pay restitution to a
1723 policyholder, medical provider, or other claimant, including
1724 interest at a rate consistent with the amount set forth in s.
1725 55.03(1), for the time period within which an insurer fails to
Page 69 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1726 pay claims as required by law. Restitution is in addition to any
1727 other penalties allowed by law, including, but not limited to,
1728 the suspension of the insurer's certificate of authority; or
1729 j. Altering or amending an insurance adjuster's report
1730 without:
1731 (I) Providing a detailed explanation as to why any change
1732 that has the effect of reducing the estimate of the loss was
1733 made; and
1734 (II) Including on the report or as an addendum to the
1735 report a detailed list of all changes made to the report and the
1736 identity of the person who ordered each change; or
1737 (III) Retaining all versions of the report, and including
1738 within each such version, for each change made within such
1739 version of the report, the identity of each person who made or
1740 ordered such change; or
1741 4. Failing to pay undisputed amounts of partial or full
1742 benefits owed under first-party property insurance policies
1743 within 60 days after an insurer receives notice of a residential
1744 property insurance claim, determines the amounts of partial or
1745 full benefits, and agrees to coverage, unless payment of the
1746 undisputed benefits is prevented by factors beyond the control
1747 of the insurer as defined in s. 627.70131(5).
1748 (o) Illegal dealings in premiums; excess or reduced
1749 charges for insurance.—
1750 1. Knowingly collecting any sum as a premium or charge for
Page 70 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1751 insurance, which is not then provided, or is not in due course
1752 to be provided, subject to acceptance of the risk by the
1753 insurer, by an insurance policy issued by an insurer as
1754 permitted by this code.
1755 2. Knowingly collecting as a premium or charge for
1756 insurance any sum in excess of or less than the premium or
1757 charge applicable to such insurance, in accordance with the
1758 applicable classifications and rates as filed with and approved
1759 by the office, and as specified in the policy; or, in cases when
1760 classifications, premiums, or rates are not required by this
1761 code to be so filed and approved, premiums and charges collected
1762 from a Florida resident in excess of or less than those
1763 specified in the policy and as fixed by the insurer.
1764 Notwithstanding any other provision of law, this provision shall
1765 not be deemed to prohibit the charging and collection, by
1766 surplus lines agents licensed under part VIII of this chapter,
1767 of the amount of applicable state and federal taxes, or fees as
1768 authorized by s. 626.916(4), in addition to the premium required
1769 by the insurer or the charging and collection, by licensed
1770 agents, of the exact amount of any discount or other such fee
1771 charged by a credit card facility in connection with the use of
1772 a credit card, as authorized by subparagraph (q)3., in addition
1773 to the premium required by the insurer. This subparagraph shall
1774 not be construed to prohibit collection of a premium for a
1775 universal life or a variable or indeterminate value insurance
Page 71 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1776 policy made in accordance with the terms of the contract.
1777 3.a. Imposing or requesting an additional premium for
1778 bodily injury liability coverage, property damage liability
1779 coverage a policy of motor vehicle liability, personal injury
1780 protection, medical payments coverage payment, or collision
1781 coverage in a motor vehicle liability insurance policy insurance
1782 or any combination thereof or refusing to renew the policy
1783 solely because the insured was involved in a motor vehicle
1784 accident unless the insurer's file contains information from
1785 which the insurer in good faith determines that the insured was
1786 substantially at fault in the accident.
1787 b. An insurer which imposes and collects such a surcharge
1788 or which refuses to renew such policy shall, in conjunction with
1789 the notice of premium due or notice of nonrenewal, notify the
1790 named insured that he or she is entitled to reimbursement of
1791 such amount or renewal of the policy under the conditions listed
1792 below and will subsequently reimburse him or her or renew the
1793 policy, if the named insured demonstrates that the operator
1794 involved in the accident was:
1795 (I) Lawfully parked;
1796 (II) Reimbursed by, or on behalf of, a person responsible
1797 for the accident or has a judgment against such person;
1798 (III) Struck in the rear by another vehicle headed in the
1799 same direction and was not convicted of a moving traffic
1800 violation in connection with the accident;
Page 72 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1801 (IV) Hit by a "hit-and-run" driver, if the accident was
1802 reported to the proper authorities within 24 hours after
1803 discovering the accident;
1804 (V) Not convicted of a moving traffic violation in
1805 connection with the accident, but the operator of the other
1806 automobile involved in such accident was convicted of a moving
1807 traffic violation;
1808 (VI) Finally adjudicated not to be liable by a court of
1809 competent jurisdiction;
1810 (VII) In receipt of a traffic citation which was dismissed
1811 or nolle prossed; or
1812 (VIII) Not at fault as evidenced by a written statement
1813 from the insured establishing facts demonstrating lack of fault
1814 which are not rebutted by information in the insurer's file from
1815 which the insurer in good faith determines that the insured was
1816 substantially at fault.
1817 c. In addition to the other provisions of this
1818 subparagraph, an insurer may not fail to renew a policy if the
1819 insured has had only one accident in which he or she was at
1820 fault within the current 3-year period. However, an insurer may
1821 nonrenew a policy for reasons other than accidents in accordance
1822 with s. 627.728. This subparagraph does not prohibit nonrenewal
1823 of a policy under which the insured has had three or more
1824 accidents, regardless of fault, during the most recent 3-year
1825 period.
Page 73 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1826 4. Imposing or requesting an additional premium for, or
1827 refusing to renew, a policy for motor vehicle insurance solely
1828 because the insured committed a noncriminal traffic infraction
1829 as described in s. 318.14 unless the infraction is:
1830 a. A second infraction committed within an 18-month
1831 period, or a third or subsequent infraction committed within a
1832 36-month period.
1833 b. A violation of s. 316.183, when such violation is a
1834 result of exceeding the lawful speed limit by more than 15 miles
1835 per hour.
1836 5. Upon the request of the insured, the insurer and
1837 licensed agent shall supply to the insured the complete proof of
1838 fault or other criteria which justifies the additional charge or
1839 cancellation.
1840 6. No insurer shall impose or request an additional
1841 premium for motor vehicle insurance, cancel or refuse to issue a
1842 policy, or refuse to renew a policy because the insured or the
1843 applicant is a handicapped or physically disabled person, so
1844 long as such handicap or physical disability does not
1845 substantially impair such person's mechanically assisted driving
1846 ability.
1847 7. No insurer may cancel or otherwise terminate any
1848 insurance contract or coverage, or require execution of a
1849 consent to rate endorsement, during the stated policy term for
1850 the purpose of offering to issue, or issuing, a similar or
Page 74 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1851 identical contract or coverage to the same insured with the same
1852 exposure at a higher premium rate or continuing an existing
1853 contract or coverage with the same exposure at an increased
1854 premium.
1855 8. No insurer may issue a nonrenewal notice on any
1856 insurance contract or coverage, or require execution of a
1857 consent to rate endorsement, for the purpose of offering to
1858 issue, or issuing, a similar or identical contract or coverage
1859 to the same insured at a higher premium rate or continuing an
1860 existing contract or coverage at an increased premium without
1861 meeting any applicable notice requirements.
1862 9. No insurer shall, with respect to premiums charged for
1863 motor vehicle insurance, unfairly discriminate solely on the
1864 basis of age, sex, marital status, or scholastic achievement.
1865 10. Imposing or requesting an additional premium for motor
1866 vehicle comprehensive or uninsured motorist coverage solely
1867 because the insured was involved in a motor vehicle accident or
1868 was convicted of a moving traffic violation.
1869 11. No insurer shall cancel or issue a nonrenewal notice
1870 on any insurance policy or contract without complying with any
1871 applicable cancellation or nonrenewal provision required under
1872 the Florida Insurance Code.
1873 12. No insurer shall impose or request an additional
1874 premium, cancel a policy, or issue a nonrenewal notice on any
1875 insurance policy or contract because of any traffic infraction
Page 75 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1876 when adjudication has been withheld and no points have been
1877 assessed pursuant to s. 318.14(9) and (10). However, this
1878 subparagraph does not apply to traffic infractions involving
1879 accidents in which the insurer has incurred a loss due to the
1880 fault of the insured.
1881 Section 36. Paragraph (a) of subsection (1) of section
1882 626.989, Florida Statutes, is amended to read:
1883 626.989 Investigation by department or Division of
1884 Investigative and Forensic Services; compliance; immunity;
1885 confidential information; reports to division; division
1886 investigator's power of arrest.—
1887 (1) For the purposes of this section:
1888 (a) A person commits a "fraudulent insurance act" if the
1889 person:
1890 1. Knowingly and with intent to defraud presents, causes
1891 to be presented, or prepares with knowledge or belief that it
1892 will be presented, to or by an insurer, self-insurer, self-
1893 insurance fund, servicing corporation, purported insurer,
1894 broker, or any agent thereof, any written statement as part of,
1895 or in support of, an application for the issuance of, or the
1896 rating of, any insurance policy, or a claim for payment or other
1897 benefit pursuant to any insurance policy, which the person knows
1898 to contain materially false information concerning any fact
1899 material thereto or if the person conceals, for the purpose of
1900 misleading another, information concerning any fact material
Page 76 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1901 thereto.
1902 2. Knowingly submits:
1903 a. A false, misleading, or fraudulent application or other
1904 document when applying for licensure as a health care clinic,
1905 seeking an exemption from licensure as a health care clinic, or
1906 demonstrating compliance with part X of chapter 400 with an
1907 intent to use the license, exemption from licensure, or
1908 demonstration of compliance to provide services or seek
1909 reimbursement under a motor vehicle liability insurance policy's
1910 medical payments coverage the Florida Motor Vehicle No-Fault
1911 Law.
1912 b. A claim for payment or other benefit under a motor
1913 vehicle liability insurance policy's medical payments coverage,
1914 pursuant to a personal injury protection insurance policy under
1915 the Florida Motor Vehicle No-Fault Law if the person knows that
1916 the payee knowingly submitted a false, misleading, or fraudulent
1917 application or other document when applying for licensure as a
1918 health care clinic, seeking an exemption from licensure as a
1919 health care clinic, or demonstrating compliance with part X of
1920 chapter 400.
1921 Section 37. Subsection (1) of section 627.06501, Florida
1922 Statutes, is amended to read:
1923 627.06501 Insurance discounts for certain persons
1924 completing driver improvement course.—
1925 (1) Any rate, rating schedule, or rating manual for the
Page 77 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1926 liability, medical payments personal injury protection, and
1927 collision coverages of a motor vehicle insurance policy filed
1928 with the office may provide for an appropriate reduction in
1929 premium charges as to such coverages if when the principal
1930 operator on the covered vehicle has successfully completed a
1931 driver improvement course approved and certified by the
1932 Department of Highway Safety and Motor Vehicles which is
1933 effective in reducing crash or violation rates, or both, as
1934 determined pursuant to s. 318.1451(5). Any discount, not to
1935 exceed 10 percent, used by an insurer is presumed to be
1936 appropriate unless credible data demonstrates otherwise.
1937 Section 38. Subsection (15) is added to section 627.0651,
1938 Florida Statutes, to read:
1939 627.0651 Making and use of rates for motor vehicle
1940 insurance.—
1941 (15) Rate filings for motor vehicle liability policies
1942 that implement the financial responsibility requirements of s.
1943 324.022 in effect July 1, 2026, except for commercial motor
1944 vehicle insurance policies exempt under paragraph (14)(a), must
1945 reflect such financial responsibility requirements and may be
1946 approved only through the file and use process under paragraph
1947 (1)(a).
1948 Section 39. Subsection (1) of section 627.0652, Florida
1949 Statutes, is amended to read:
1950 627.0652 Insurance discounts for certain persons
Page 78 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1951 completing safety course.—
1952 (1) Any rates, rating schedules, or rating manuals for the
1953 liability, medical payments personal injury protection, and
1954 collision coverages of a motor vehicle insurance policy filed
1955 with the office must shall provide for an appropriate reduction
1956 in premium charges as to such coverages if when the principal
1957 operator on the covered vehicle is an insured 55 years of age or
1958 older who has successfully completed a motor vehicle accident
1959 prevention course approved by the Department of Highway Safety
1960 and Motor Vehicles. Any discount used by an insurer is presumed
1961 to be appropriate unless credible data demonstrates otherwise.
1962 Section 40. Subsections (1), (3), and (6) of section
1963 627.0653, Florida Statutes, are amended to read:
1964 627.0653 Insurance discounts for specified motor vehicle
1965 equipment.—
1966 (1) Any rates, rating schedules, or rating manuals for the
1967 liability, medical payments personal injury protection, and
1968 collision coverages of a motor vehicle insurance policy filed
1969 with the office must shall provide a premium discount if the
1970 insured vehicle is equipped with factory-installed, four-wheel
1971 antilock brakes.
1972 (3) Any rates, rating schedules, or rating manuals for
1973 personal injury protection coverage and medical payments
1974 coverage, if offered, of a motor vehicle insurance policy filed
1975 with the office must shall provide a premium discount if the
Page 79 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
1976 insured vehicle is equipped with one or more air bags that which
1977 are factory installed.
1978 (6) The Office of Insurance Regulation may approve a
1979 premium discount to any rates, rating schedules, or rating
1980 manuals for the liability, medical payments personal injury
1981 protection, and collision coverages of a motor vehicle insurance
1982 policy filed with the office if the insured vehicle is equipped
1983 with an automated driving system or electronic vehicle collision
1984 avoidance technology that is factory installed or a retrofitted
1985 system and that complies with National Highway Traffic Safety
1986 Administration standards.
1987 Section 41. Section 627.4132, Florida Statutes, is amended
1988 to read:
1989 627.4132 Stacking of coverages prohibited.—If an insured
1990 or named insured is protected by any type of motor vehicle
1991 insurance policy providing primary bodily injury and property
1992 damage for liability, personal injury protection, or other
1993 coverage, the policy must shall provide that the insured or
1994 named insured is protected only to the extent of the coverage
1995 she or he has on the vehicle involved in the accident. However,
1996 if none of the insured's or named insured's vehicles are is
1997 involved in the accident, coverage is available only to the
1998 extent of coverage on any one of the vehicles with applicable
1999 coverage. Coverage on any other vehicles may shall not be added
2000 to or stacked upon that coverage. This section does not apply:
Page 80 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2001 (1) Apply to uninsured motorist coverage that which is
2002 separately governed by s. 627.727.
2003 (2) To Reduce the coverage available by reason of
2004 insurance policies insuring different named insureds.
2005 Section 42. Subsection (1) of section 627.4137, Florida
2006 Statutes, is amended to read:
2007 627.4137 Disclosure of certain information required.—
2008 (1) Each insurer which does or may provide liability
2009 insurance coverage to pay all or a portion of any claim which
2010 might be made shall provide, within 30 days after of the written
2011 request of the claimant or the claimant's attorney, a statement,
2012 under oath, of a corporate officer or the insurer's claims
2013 manager or superintendent setting forth the following
2014 information with regard to each known policy of insurance,
2015 including excess or umbrella insurance:
2016 (a) The name of the insurer.
2017 (b) The name of each insured.
2018 (c) The limits of the liability coverage.
2019 (d) A statement of any policy or coverage defense which
2020 such insurer reasonably believes is available to such insurer at
2021 the time of filing such statement.
2022 (e) A copy of the policy.
2023
2024 In addition, the insured, or her or his insurance agent, upon
2025 written request of the claimant or the claimant's attorney,
Page 81 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2026 shall disclose the name and coverage of each known insurer to
2027 the claimant and shall forward such request for information as
2028 required by this subsection to all affected insurers. The
2029 insurer shall then supply the information required in this
2030 subsection to the claimant within 30 days after of receipt of
2031 such request. If an insurer fails to timely comply with this
2032 section, the claimant may file an action in a court of competent
2033 jurisdiction to enforce this section. If the court determines
2034 that the insurer violated this section, the claimant is entitled
2035 to an award of reasonable attorney fees and costs to be paid by
2036 the insurer.
2037 Section 43. Section 627.7263, Florida Statutes, is amended
2038 to read:
2039 627.7263 Rental and leasing driver's insurance to be
2040 primary; exception.—
2041 (1) The valid and collectible liability insurance or
2042 personal injury protection insurance providing coverage for the
2043 lessor of a motor vehicle for rent or lease is primary unless
2044 otherwise stated in at least 10-point type on the face of the
2045 rental or lease agreement. Such insurance is primary for the
2046 limits of liability and personal injury protection coverage as
2047 required under s. 324.021(7) by ss. 324.021(7) and 627.736.
2048 (2) If the lessee's coverage is to be primary, the rental
2049 or lease agreement must contain the following language, in at
2050 least 10-point type:
Page 82 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2051
2052 "The valid and collectible liability insurance and
2053 personal injury protection insurance of an any
2054 authorized rental or leasing driver are is primary for
2055 the limits of liability and personal injury protection
2056 coverage required under s. 324.021(7) by ss.
2057 324.021(7) and 627.736, Florida Statutes."
2058 Section 44. Subsections (1) and (7) of section 627.727,
2059 Florida Statutes, are amended to read:
2060 627.727 Motor vehicle insurance; uninsured and
2061 underinsured vehicle coverage; insolvent insurer protection.—
2062 (1) A No motor vehicle liability insurance policy that
2063 which provides bodily injury liability coverage may not shall be
2064 delivered or issued for delivery in this state with respect to
2065 any specifically insured or identified motor vehicle registered
2066 or principally garaged in this state unless uninsured motor
2067 vehicle coverage is provided therein or supplemental thereto for
2068 the protection of persons insured thereunder who are legally
2069 entitled to recover damages from owners or operators of
2070 uninsured motor vehicles because of bodily injury, sickness, or
2071 disease, including death, resulting therefrom. However, the
2072 coverage required under this section is not applicable if when,
2073 or to the extent that, an insured named in the policy makes a
2074 written rejection of the coverage on behalf of all insureds
2075 under the policy. If When a motor vehicle is leased for a period
Page 83 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2076 of 1 year or longer and the lessor of such vehicle, by the terms
2077 of the lease contract, provides liability coverage on the leased
2078 vehicle, the lessee of such vehicle has shall have the sole
2079 privilege to reject uninsured motorist coverage or to select
2080 lower limits than the bodily injury liability limits, regardless
2081 of whether the lessor is qualified as a self-insurer pursuant to
2082 s. 324.171. Unless an insured, or a lessee having the privilege
2083 of rejecting uninsured motorist coverage, requests such coverage
2084 or requests higher uninsured motorist limits in writing, the
2085 coverage or such higher uninsured motorist limits need not be
2086 provided in or supplemental to any other policy that which
2087 renews, extends, changes, supersedes, or replaces an existing
2088 policy with the same bodily injury liability limits when an
2089 insured or lessee had rejected the coverage. When an insured or
2090 lessee has initially selected limits of uninsured motorist
2091 coverage lower than her or his bodily injury liability limits,
2092 higher limits of uninsured motorist coverage need not be
2093 provided in or supplemental to any other policy that which
2094 renews, extends, changes, supersedes, or replaces an existing
2095 policy with the same bodily injury liability limits unless an
2096 insured requests higher uninsured motorist coverage in writing.
2097 The rejection or selection of lower limits must shall be made on
2098 a form approved by the office. The form must shall fully advise
2099 the applicant of the nature of the coverage and must shall state
2100 that the coverage is equal to bodily injury liability limits
Page 84 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2101 unless lower limits are requested or the coverage is rejected.
2102 The heading of the form must shall be in 12-point bold type and
2103 must shall state: "You are electing not to purchase certain
2104 valuable coverage that which protects you and your family or you
2105 are purchasing uninsured motorist limits less than your bodily
2106 injury liability limits when you sign this form. Please read
2107 carefully." If this form is signed by a named insured, it will
2108 be conclusively presumed that there was an informed, knowing
2109 rejection of coverage or election of lower limits on behalf of
2110 all insureds. The insurer shall notify the named insured at
2111 least annually of her or his options as to the coverage required
2112 by this section. Such notice must shall be part of, and attached
2113 to, the notice of premium, must shall provide for a means to
2114 allow the insured to request such coverage, and must shall be
2115 given in a manner approved by the office. Receipt of this notice
2116 does not constitute an affirmative waiver of the insured's right
2117 to uninsured motorist coverage if where the insured has not
2118 signed a selection or rejection form. The coverage described
2119 under this section must shall be over and above, but may shall
2120 not duplicate, the benefits available to an insured under any
2121 workers' compensation law, personal injury protection benefits,
2122 disability benefits law, or similar law; under any automobile
2123 medical payments expense coverage; under any motor vehicle
2124 liability insurance coverage; or from the owner or operator of
2125 the uninsured motor vehicle or any other person or organization
Page 85 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2126 jointly or severally liable together with such owner or operator
2127 for the accident,; and such coverage must shall cover the
2128 difference, if any, between the sum of such benefits and the
2129 damages sustained, up to the maximum amount of such coverage
2130 provided under this section. The amount of coverage available
2131 under this section may shall not be reduced by a setoff against
2132 any coverage, including liability insurance. Such coverage does
2133 shall not inure directly or indirectly to the benefit of any
2134 workers' compensation or disability benefits carrier or any
2135 person or organization qualifying as a self-insurer under any
2136 workers' compensation or disability benefits law or similar law.
2137 (7) The legal liability of an uninsured motorist coverage
2138 insurer includes does not include damages in tort for pain,
2139 suffering, disability, physical impairment, disfigurement,
2140 mental anguish, and inconvenience, and the loss of capacity for
2141 the enjoyment of life experienced in the past and to be
2142 experienced in the future unless the injury or disease is
2143 described in one or more of paragraphs (a)-(d) of s. 627.737(2).
2144 Section 45. Section 627.7275, Florida Statutes, is amended
2145 to read:
2146 627.7275 Required coverages in motor vehicle insurance
2147 policies; availability to certain applicants liability.—
2148 (1) A motor vehicle insurance policy providing personal
2149 injury protection as set forth in s. 627.736 may not be
2150 delivered or issued for delivery in this state for a with
Page 86 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2151 respect to any specifically insured or identified motor vehicle
2152 registered or principally garaged in this state must provide
2153 bodily injury liability coverage and unless the policy also
2154 provides coverage for property damage liability coverage as
2155 required under ss. 324.022 and 324.151 by s. 324.022.
2156 (2)(a) Insurers writing motor vehicle insurance in this
2157 state shall make available, subject to the insurers' usual
2158 underwriting restrictions:
2159 1. Coverage under policies as described in subsection (1)
2160 to an applicant for private passenger motor vehicle insurance
2161 coverage who is seeking the coverage in order to reinstate the
2162 applicant's driving privileges in this state if the driving
2163 privileges were revoked or suspended pursuant to s. 316.646 or
2164 s. 324.0221 due to the failure of the applicant to maintain
2165 required security.
2166 2. Coverage under policies as described in subsection (1),
2167 which includes bodily injury also provides liability coverage
2168 and property damage liability coverage for bodily injury, death,
2169 and property damage arising out of the ownership, maintenance,
2170 or use of the motor vehicle in an amount not less than the
2171 minimum limits required under described in s. 324.021(7) or s.
2172 324.023 and which conforms to the requirements of s. 324.151, to
2173 an applicant for private passenger motor vehicle insurance
2174 coverage who is seeking the coverage in order to reinstate the
2175 applicant's driving privileges in this state after such
Page 87 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2176 privileges were revoked or suspended under s. 316.193 or s.
2177 322.26(2) for driving under the influence.
2178 (b) The policies described in paragraph (a) must shall be
2179 issued for at least 6 months. After the insurer has issued the
2180 policy, the insurer shall notify the Department of Highway
2181 Safety and Motor Vehicles that the policy is in full force and
2182 effect. Once the provisions of the policy become effective, the
2183 bodily injury liability and property damage liability coverages
2184 for bodily injury, property damage, and personal injury
2185 protection may not be reduced below the minimum limits required
2186 under s. 324.021 or s. 324.023 during the policy period.
2187 (c) This subsection controls to the extent of any conflict
2188 with any other section.
2189 (d) An insurer issuing a policy subject to this section
2190 may cancel the policy if, during the policy term, the named
2191 insured, or any other operator who resides in the same household
2192 or customarily operates an automobile insured under the policy,
2193 has his or her driver license suspended or revoked.
2194 (e) This subsection does not require an insurer to offer a
2195 policy of insurance to an applicant if such offer would be
2196 inconsistent with the insurer's underwriting guidelines and
2197 procedures.
2198 Section 46. Effective upon this act becoming a law,
2199 section 627.7278, Florida Statutes, is created to read:
2200 627.7278 Applicability and construction; notice to
Page 88 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2201 policyholders.—
2202 (1) As used in this section, the term "minimum security
2203 requirements" means security that enables a person to respond in
2204 damages for liability on account of crashes arising out of the
2205 ownership, maintenance, or use of a motor vehicle, in the
2206 amounts required by s. 324.022.
2207 (2) Effective July 1, 2026:
2208 (a) Motor vehicle insurance policies issued or renewed on
2209 or after July 1, 2026, may not include personal injury
2210 protection.
2211 (b) All persons subject to s. 324.022, s. 324.032, s.
2212 627.7415, or s. 627.742 must maintain at least minimum security
2213 requirements.
2214 (c) An existing motor vehicle insurance policy issued
2215 before July 1, 2026, which provides personal injury protection
2216 and property damage liability coverage that meets the
2217 requirements of s. 324.022 on June 30, 2026, but that does not
2218 meet minimum security requirements on or after July 1, 2026, is
2219 deemed to meet minimum security requirements until such policy
2220 is renewed, nonrenewed, or canceled on or after July 1, 2026.
2221 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),
2222 627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,
2223 Florida Statutes 2024, remain in full force and effect for motor
2224 vehicle accidents covered under a policy issued under the
2225 Florida Motor Vehicle No-Fault Law before July 1, 2026, until
Page 89 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2226 the policy is renewed, nonrenewed, or canceled on or after July
2227 1, 2026.
2228 (3) An insurer shall allow each insured who has a new or
2229 renewal policy providing personal injury protection which
2230 becomes effective before July 1, 2026, and whose policy does not
2231 meet minimum security requirements on or after July 1, 2026, to
2232 change coverages so as to eliminate personal injury protection.
2233 Any reduction in the premium must be refunded by the insurer.
2234 The insurer may not impose on the insured an additional fee or
2235 charge that applies solely to a change in coverage; however, the
2236 insurer may charge an additional required premium that is
2237 actuarially indicated.
2238 (4) By April 1, 2026, each motor vehicle insurer shall
2239 provide notice of this section to each motor vehicle
2240 policyholder who is subject to this section. The notice is
2241 subject to approval by the office and must clearly inform the
2242 policyholder that:
2243 (a) The Florida Motor Vehicle No-Fault Law is repealed
2244 effective July 1, 2026, and that on or after that date, the
2245 insured is no longer required to maintain personal injury
2246 protection insurance coverage, that personal injury protection
2247 coverage is no longer available for purchase in this state, and
2248 that new or renewal policies issued on or after that date will
2249 not contain that coverage.
2250 (b) Effective July 1, 2026, a person subject to the
Page 90 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2251 financial responsibility requirements of s. 324.022 must
2252 maintain minimum security requirements that enable the person to
2253 respond to damages for liability on account of accidents arising
2254 out of the use of a motor vehicle in the following amounts:
2255 1. Twenty-five thousand dollars for bodily injury to, or
2256 the death of, one person in any one crash and, subject to such
2257 limits for one person, in the amount of $50,000 for bodily
2258 injury to, or the death of, two or more persons in any one
2259 crash; and
2260 2. Ten thousand dollars for damage to, or destruction of,
2261 the property of others in any one crash.
2262 (c) Bodily injury liability coverage protects the insured,
2263 up to the coverage limits, against loss if the insured is
2264 legally responsible for the death of or bodily injury to others
2265 in a motor vehicle crash.
2266 (d) The policyholder may obtain uninsured and underinsured
2267 motorist coverage that provides benefits, up to the limits of
2268 such coverage, to a policyholder or other insured entitled to
2269 recover damages for bodily injury, sickness, disease, or death
2270 resulting from a motor vehicle crash involving an uninsured or
2271 underinsured owner or operator of a motor vehicle.
2272 (e) If the policyholder's new or renewal motor vehicle
2273 insurance policy is effective before July 1, 2026, and contains
2274 personal injury protection and property damage liability
2275 coverage as required by state law before July 1, 2026, but does
Page 91 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2276 not meet minimum security requirements on or after July 1, 2026,
2277 the policy is deemed to meet minimum security requirements until
2278 it is renewed, nonrenewed, or canceled on or after July 1, 2026.
2279 (f) A policyholder whose new or renewal policy becomes
2280 effective before July 1, 2026, but does not meet minimum
2281 security requirements on or after July 1, 2026, may change
2282 coverages under the policy so as to eliminate personal injury
2283 protection and to obtain coverage providing minimum security
2284 requirements, including bodily injury liability coverage, which
2285 are effective on or after July 1, 2026.
2286 (g) If the policyholder has any questions, he or she
2287 should contact the person named at the telephone number provided
2288 in the notice.
2289 Section 47. Paragraph (a) of subsection (1) of section
2290 627.728, Florida Statutes, is amended to read:
2291 627.728 Cancellations; nonrenewals.—
2292 (1) As used in this section, the term:
2293 (a) "Policy" means the bodily injury and property damage
2294 liability, personal injury protection, medical payments,
2295 comprehensive, collision, and uninsured motorist coverage
2296 portions of a policy of motor vehicle insurance delivered or
2297 issued for delivery in this state:
2298 1. Insuring a natural person as named insured or one or
2299 more related individuals who are residents resident of the same
2300 household; and
Page 92 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2301 2. Insuring only a motor vehicle of the private passenger
2302 type or station wagon type which is not used as a public or
2303 livery conveyance for passengers or rented to others; or
2304 insuring any other four-wheel motor vehicle having a load
2305 capacity of 1,500 pounds or less which is not used in the
2306 occupation, profession, or business of the insured other than
2307 farming; other than any policy issued under an automobile
2308 insurance assigned risk plan or covering garage, automobile
2309 sales agency, repair shop, service station, or public parking
2310 place operation hazards.
2311
2312 The term "policy" does not include a binder as defined in s.
2313 627.420 unless the duration of the binder period exceeds 60
2314 days.
2315 Section 48. Subsection (1), paragraph (a) of subsection
2316 (5), and subsections (6) and (7) of section 627.7295, Florida
2317 Statutes, are amended to read:
2318 627.7295 Motor vehicle insurance contracts.—
2319 (1) As used in this section, the term:
2320 (a) "Policy" means a motor vehicle insurance policy that
2321 provides bodily injury liability personal injury protection
2322 coverage and, property damage liability coverage, or both.
2323 (b) "Binder" means a binder that provides motor vehicle
2324 bodily injury liability coverage personal injury protection and
2325 property damage liability coverage.
Page 93 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2326 (5)(a) A licensed general lines agent may charge a per-
2327 policy fee of up to not to exceed $10 to cover the
2328 administrative costs of the agent associated with selling the
2329 motor vehicle insurance policy if the policy provides covers
2330 only bodily injury liability coverage personal injury protection
2331 coverage as provided by s. 627.736 and property damage liability
2332 coverage under as provided by s. 627.7275 and if no other
2333 insurance is sold or issued in conjunction with or collateral to
2334 the policy. The fee is not considered part of the premium.
2335 (6) If a motor vehicle owner's driver license, license
2336 plate, and registration have previously been suspended pursuant
2337 to s. 316.646 or s. 627.733, an insurer may cancel a new policy
2338 only as provided in s. 627.7275.
2339 (7) A policy of private passenger motor vehicle insurance
2340 or a binder for such a policy may be initially issued in this
2341 state only if, before the effective date of such binder or
2342 policy, the insurer or agent has collected from the insured an
2343 amount equal to at least 1 month's premium. An insurer, agent,
2344 or premium finance company may not, directly or indirectly, take
2345 any action will result resulting in the insured paying having
2346 paid from the insured's own funds an amount less than the 1
2347 month's premium required by this subsection. This subsection
2348 applies regardless of without regard to whether the premium is
2349 financed by a premium finance company or is paid pursuant to a
2350 periodic payment plan of an insurer or an insurance agent.
Page 94 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2351 (a) This subsection does not apply:
2352 1. If an insured or member of the insured's family is
2353 renewing or replacing a policy or a binder for such policy
2354 written by the same insurer or a member of the same insurer
2355 group. This subsection does not apply
2356 2. To an insurer that issues private passenger motor
2357 vehicle coverage primarily to active duty or former military
2358 personnel or their dependents. This subsection does not apply
2359 3. If all policy payments are paid pursuant to a payroll
2360 deduction plan, an automatic electronic funds transfer payment
2361 plan from the policyholder, or a recurring credit card or debit
2362 card agreement with the insurer.
2363 (b) This subsection and subsection (4) do not apply if:
2364 1. All policy payments to an insurer are paid pursuant to
2365 an automatic electronic funds transfer payment plan from an
2366 agent, a managing general agent, or a premium finance company
2367 and if the policy includes, at a minimum, bodily injury
2368 liability coverage and personal injury protection pursuant to
2369 ss. 627.730-627.7405; motor vehicle property damage liability
2370 coverage under pursuant to s. 627.7275; or and bodily injury
2371 liability in at least the amount of $10,000 because of bodily
2372 injury to, or death of, one person in any one accident and in
2373 the amount of $20,000 because of bodily injury to, or death of,
2374 two or more persons in any one accident. This subsection and
2375 subsection (4) do not apply if
Page 95 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2376 2. An insured has had a policy in effect for at least 6
2377 months, the insured's agent is terminated by the insurer that
2378 issued the policy, and the insured obtains coverage on the
2379 policy's renewal date with a new company through the terminated
2380 agent.
2381 Section 49. Section 627.7415, Florida Statutes, is amended
2382 to read:
2383 627.7415 Commercial motor vehicles; additional liability
2384 insurance coverage.—Beginning July 1, 2026, commercial motor
2385 vehicles, as defined in s. 207.002 or s. 320.01, operated upon
2386 the roads and highways of this state must shall be insured with
2387 the following minimum levels of combined bodily liability
2388 insurance and property damage liability insurance in addition to
2389 any other insurance requirements:
2390 (1) Sixty Fifty thousand dollars per occurrence for a
2391 commercial motor vehicle with a gross vehicle weight of 26,000
2392 pounds or more, but less than 35,000 pounds.
2393 (2) One hundred twenty thousand dollars per occurrence for
2394 a commercial motor vehicle with a gross vehicle weight of 35,000
2395 pounds or more, but less than 44,000 pounds.
2396 (3) Three hundred thousand dollars per occurrence for a
2397 commercial motor vehicle with a gross vehicle weight of 44,000
2398 pounds or more.
2399 (4) All commercial motor vehicles subject to regulations
2400 of the United States Department of Transportation, 49 C.F.R.
Page 96 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2401 part 387, subparts A and B, and as may be hereinafter amended,
2402 shall be insured in an amount equivalent to the minimum levels
2403 of financial responsibility as set forth in such regulations.
2404
2405 A violation of this section is a noncriminal traffic infraction,
2406 punishable as a nonmoving violation as provided in chapter 318.
2407 Section 50. Subsections (1) and (3) of section 627.747,
2408 Florida Statutes, are amended to read:
2409 627.747 Named driver exclusion.—
2410 (1) A private passenger motor vehicle policy may exclude
2411 the following coverages for all claims or suits resulting from
2412 the operation of a motor vehicle by an identified individual who
2413 is not a named insured, provided the identified individual is
2414 named on the declarations page or by endorsement and the named
2415 insured consents in writing to such exclusion:
2416 (a) Notwithstanding the Florida Motor Vehicle No-Fault
2417 Law, the personal injury protection coverage specifically
2418 applicable to the identified individual's injuries, lost wages,
2419 and death benefits.
2420 (b) Property damage liability coverage.
2421 (b)(c) Bodily injury liability coverage, if required by
2422 law and purchased by the named insured.
2423 (c)(d) Uninsured motorist coverage for any damages
2424 sustained by the identified excluded individual, if the named
2425 insured has purchased such coverage.
Page 97 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2426 (d)(e) Any coverage the named insured is not required by
2427 law to purchase.
2428 (3) A driver excluded pursuant to this section must:
2429 (a) establish, maintain, and show proof of financial
2430 ability to respond for damages arising out of the ownership,
2431 maintenance, or use of a motor vehicle as required by chapter
2432 324; and
2433 (b) Maintain security as required by s. 627.733.
2434 Section 51. Paragraphs (b), (c), and (g) of subsection
2435 (7), paragraphs (a) and (b) of subsection (8), and paragraph (b)
2436 of subsection (16) of section 627.748, Florida Statutes, are
2437 amended to read:
2438 627.748 Transportation network companies.—
2439 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER
2440 INSURANCE REQUIREMENTS.—
2441 (b) The following automobile insurance requirements apply
2442 while a participating TNC driver is logged on to the digital
2443 network but is not engaged in a prearranged ride:
2444 1. Automobile insurance that provides:
2445 a. A primary automobile liability coverage of at least
2446 $50,000 for death and bodily injury per person, $100,000 for
2447 death and bodily injury per incident, and $25,000 for property
2448 damage; and
2449 b. Personal injury protection benefits that meet the
2450 minimum coverage amounts required under ss. 627.730-627.7405;
Page 98 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2451 and
2452 c. Uninsured and underinsured vehicle coverage as required
2453 by s. 627.727.
2454 2. The coverage requirements of this paragraph may be
2455 satisfied by any of the following:
2456 a. Automobile insurance maintained by the TNC driver or
2457 the TNC vehicle owner;
2458 b. Automobile insurance maintained by the TNC; or
2459 c. A combination of sub-subparagraphs a. and b.
2460 (c) The following automobile insurance requirements apply
2461 while a TNC driver is engaged in a prearranged ride:
2462 1. Automobile insurance that provides:
2463 a. A primary automobile liability coverage of at least $1
2464 million for death, bodily injury, and property damage; and
2465 b. Personal injury protection benefits that meet the
2466 minimum coverage amounts required of a limousine under ss.
2467 627.730-627.7405; and
2468 c. Uninsured and underinsured vehicle coverage as required
2469 by s. 627.727.
2470 2. The coverage requirements of this paragraph may be
2471 satisfied by any of the following:
2472 a. Automobile insurance maintained by the TNC driver or
2473 the TNC vehicle owner;
2474 b. Automobile insurance maintained by the TNC; or
2475 c. A combination of sub-subparagraphs a. and b.
Page 99 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2476 (g) Insurance satisfying the requirements under this
2477 subsection is deemed to satisfy the financial responsibility
2478 requirement for a motor vehicle under chapter 324 and the
2479 security required under s. 627.733 for any period when the TNC
2480 driver is logged onto the digital network or engaged in a
2481 prearranged ride.
2482 (8) TRANSPORTATION NETWORK COMPANY AND INSURER;
2483 DISCLOSURE; EXCLUSIONS.—
2484 (a) Before a TNC driver is allowed to accept a request for
2485 a prearranged ride on the digital network, the TNC must disclose
2486 in writing to the TNC driver:
2487 1. The insurance coverage, including the types of coverage
2488 and the limits for each coverage, which the TNC provides while
2489 the TNC driver uses a TNC vehicle in connection with the TNC's
2490 digital network.
2491 2. That the TNC driver's own automobile insurance policy
2492 might not provide any coverage while the TNC driver is logged on
2493 to the digital network or is engaged in a prearranged ride,
2494 depending on the terms of the TNC driver's own automobile
2495 insurance policy.
2496 3. That the provision of rides for compensation which are
2497 not prearranged rides subjects the driver to the coverage
2498 requirements imposed under s. 324.032(1) and (2) and that
2499 failure to meet such coverage requirements subjects the TNC
2500 driver to penalties provided in s. 324.221, up to and including
Page 100 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2501 a misdemeanor of the second degree.
2502 (b)1. An insurer that provides an automobile liability
2503 insurance policy under this part may exclude any and all
2504 coverage afforded under the policy issued to an owner or
2505 operator of a TNC vehicle while driving that vehicle for any
2506 loss or injury that occurs while a TNC driver is logged on to a
2507 digital network or while a TNC driver provides a prearranged
2508 ride. Exclusions imposed under this subsection are limited to
2509 coverage while a TNC driver is logged on to a digital network or
2510 while a TNC driver provides a prearranged ride. This right to
2511 exclude all coverage may apply to any coverage included in an
2512 automobile insurance policy, including, but not limited to:
2513 a. Liability coverage for bodily injury and property
2514 damage;
2515 b. Uninsured and underinsured motorist coverage;
2516 c. Medical payments coverage;
2517 d. Comprehensive physical damage coverage; and
2518 e. Collision physical damage coverage; and
2519 f. Personal injury protection.
2520 2. The exclusions described in subparagraph 1. apply
2521 notwithstanding any requirement under chapter 324. These
2522 exclusions do not affect or diminish coverage otherwise
2523 available for permissive drivers or resident relatives under the
2524 personal automobile insurance policy of the TNC driver or owner
2525 of the TNC vehicle who are not occupying the TNC vehicle at the
Page 101 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2526 time of loss. This section does not require that a personal
2527 automobile insurance policy provide coverage while the TNC
2528 driver is logged on to a digital network, while the TNC driver
2529 is engaged in a prearranged ride, or while the TNC driver
2530 otherwise uses a vehicle to transport riders for compensation.
2531 3. This section must not be construed to require an
2532 insurer to use any particular policy language or reference to
2533 this section in order to exclude any and all coverage for any
2534 loss or injury that occurs while a TNC driver is logged on to a
2535 digital network or while a TNC driver provides a prearranged
2536 ride.
2537 4. This section does not preclude an insurer from
2538 providing primary or excess coverage for the TNC driver's
2539 vehicle by contract or endorsement.
2540 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
2541 (b) An entity may elect, upon written notification to the
2542 department, to be regulated as a luxury ground TNC. A luxury
2543 ground TNC must:
2544 1. Comply with all of the requirements of this section
2545 applicable to a TNC, including subsection (17), which do not
2546 conflict with subparagraph 2. or which do not prohibit the
2547 company from connecting riders to drivers who operate for-hire
2548 vehicles as defined in s. 320.01(15), including limousines and
2549 luxury sedans and excluding taxicabs.
2550 2. Maintain insurance coverage as required by subsection
Page 102 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2551 (7). However, if a prospective luxury ground TNC satisfies
2552 minimum financial responsibility through compliance with s.
2553 324.032(3) s. 324.032(2) by using self-insurance when it gives
2554 the department written notification of its election to be
2555 regulated as a luxury ground TNC, the luxury ground TNC may use
2556 self-insurance to meet the insurance requirements of subsection
2557 (7), so long as such self-insurance complies with s. 324.032(3)
2558 s. 324.032(2) and provides the limits of liability required by
2559 subsection (7).
2560 Section 52. Subsection (2) and paragraphs (a) and (c) of
2561 subsection (3) of section 627.7483, Florida Statutes, are
2562 amended to read:
2563 627.7483 Peer-to-peer car sharing; insurance
2564 requirements.—
2565 (2) INSURANCE COVERAGE REQUIREMENTS.—
2566 (a)1. A peer-to-peer car-sharing program shall ensure
2567 that, during each car-sharing period, the shared vehicle owner
2568 and the shared vehicle driver are insured under a motor vehicle
2569 insurance policy that provides all of the following:
2570 a. Property damage liability coverage and bodily injury
2571 liability coverage that meet or exceed meets the minimum
2572 coverage amounts required under s. 324.022.
2573 b. Bodily injury liability coverage limits as described in
2574 s. 324.021(7)(a) and (b).
2575 c. Personal injury protection benefits that meet the
Page 103 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2576 minimum coverage amounts required under s. 627.736.
2577 d. Uninsured and underinsured vehicle coverage as required
2578 under s. 627.727.
2579 2. The peer-to-peer car-sharing program shall also ensure
2580 that the motor vehicle insurance policy under subparagraph 1.:
2581 a. Recognizes that the shared vehicle insured under the
2582 policy is made available and used through a peer-to-peer car-
2583 sharing program; or
2584 b. Does not exclude the use of a shared vehicle by a
2585 shared vehicle driver.
2586 (b)1. The insurance described under paragraph (a) may be
2587 satisfied by a motor vehicle insurance policy maintained by:
2588 a. A shared vehicle owner;
2589 b. A shared vehicle driver;
2590 c. A peer-to-peer car-sharing program; or
2591 d. A combination of a shared vehicle owner, a shared
2592 vehicle driver, and a peer-to-peer car-sharing program.
2593 2. The insurance policy maintained in subparagraph 1.
2594 which satisfies the insurance requirements under paragraph (a)
2595 is primary during each car-sharing period. If a claim occurs
2596 during the car-sharing period in another state with minimum
2597 financial responsibility limits higher than those limits
2598 required under chapter 324, the coverage maintained under
2599 paragraph (a) satisfies the difference in minimum coverage
2600 amounts up to the applicable policy limits.
Page 104 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2601 3.a. If the insurance maintained by a shared vehicle owner
2602 or shared vehicle driver in accordance with subparagraph 1. has
2603 lapsed or does not provide the coverage required under paragraph
2604 (a), the insurance maintained by the peer-to-peer car-sharing
2605 program must provide the coverage required under paragraph (a),
2606 beginning with the first dollar of a claim, and must defend such
2607 claim, except under circumstances as set forth in subparagraph
2608 (3)(a)2.
2609 b. Coverage under a motor vehicle insurance policy
2610 maintained by the peer-to-peer car-sharing program must not be
2611 dependent on another motor vehicle insurer first denying a
2612 claim, and another motor vehicle insurance policy is not
2613 required to first deny a claim.
2614 c. Notwithstanding any other law, statute, rule, or
2615 regulation to the contrary, a peer-to-peer car-sharing program
2616 has an insurable interest in a shared vehicle during the car-
2617 sharing period. This sub-subparagraph does not create liability
2618 for a peer-to-peer car-sharing program for maintaining the
2619 coverage required under paragraph (a) and under this paragraph,
2620 if applicable.
2621 d. A peer-to-peer car-sharing program may own and maintain
2622 as the named insured one or more policies of motor vehicle
2623 insurance which provide coverage for:
2624 (I) Liabilities assumed by the peer-to-peer car-sharing
2625 program under a peer–to–peer car-sharing program agreement;
Page 105 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2626 (II) Liability of the shared vehicle owner;
2627 (III) Liability of the shared vehicle driver;
2628 (IV) Damage or loss to the shared motor vehicle; or
2629 (V) Damage, loss, or injury to persons or property to
2630 satisfy the personal injury protection and uninsured and
2631 underinsured motorist coverage requirements of this section.
2632 e. Insurance required under paragraph (a), when maintained
2633 by a peer-to-peer car-sharing program, may be provided by an
2634 insurer authorized to do business in this state which is a
2635 member of the Florida Insurance Guaranty Association or an
2636 eligible surplus lines insurer that has a superior, excellent,
2637 exceptional, or equivalent financial strength rating by a rating
2638 agency acceptable to the office. A peer-to-peer car-sharing
2639 program is not transacting in insurance when it maintains the
2640 insurance required under this section.
2641 (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
2642 (a) Liability.—
2643 1. A peer-to-peer car-sharing program shall assume
2644 liability, except as provided in subparagraph 2., of a shared
2645 vehicle owner for bodily injury or property damage to third
2646 parties or uninsured and underinsured motorist or personal
2647 injury protection losses during the car-sharing period in an
2648 amount stated in the peer-to-peer car-sharing program agreement,
2649 which amount may not be less than those set forth in ss. 324.022
2650 and 627.727 ss. 324.021(7)(a) and (b), 324.022, 627.727, and
Page 106 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2651 627.736, respectively.
2652 2. The assumption of liability under subparagraph 1. does
2653 not apply if a shared vehicle owner:
2654 a. Makes an intentional or fraudulent material
2655 misrepresentation or omission to the peer-to-peer car-sharing
2656 program before the car-sharing period in which the loss occurs;
2657 or
2658 b. Acts in concert with a shared vehicle driver who fails
2659 to return the shared vehicle pursuant to the terms of the peer-
2660 to-peer car-sharing program agreement.
2661 3. The insurer, insurers, or peer-to-peer car-sharing
2662 program providing coverage under paragraph (2)(a) shall assume
2663 primary liability for a claim when:
2664 a. A dispute exists over who was in control of the shared
2665 motor vehicle at the time of the loss, and the peer-to-peer car-
2666 sharing program does not have available, did not retain, or
2667 fails to provide the information required under subsection (5);
2668 or
2669 b. A dispute exists over whether the shared vehicle was
2670 returned to the alternatively agreed-upon location as required
2671 under subparagraph (1)(d)2.
2672 (c) Exclusions in motor vehicle insurance policies.—An
2673 authorized insurer that writes motor vehicle liability insurance
2674 in this state may exclude any coverage and the duty to defend or
2675 indemnify for any claim under a shared vehicle owner's motor
Page 107 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2676 vehicle insurance policy, including, but not limited to:
2677 1. Liability coverage for bodily injury and property
2678 damage;
2679 2. Personal injury protection coverage;
2680 3. Uninsured and underinsured motorist coverage;
2681 3.4. Medical payments coverage;
2682 4.5. Comprehensive physical damage coverage; and
2683 5.6. Collision physical damage coverage.
2684
2685 This paragraph does not invalidate or limit any exclusion
2686 contained in a motor vehicle insurance policy, including any
2687 insurance policy in use or approved for use which excludes
2688 coverage for motor vehicles made available for rent, sharing, or
2689 hire or for any business use. This paragraph does not
2690 invalidate, limit, or restrict an insurer's ability under
2691 existing law to underwrite, cancel, or nonrenew any insurance
2692 policy.
2693 Section 53. Paragraph (a) of subsection (2) of section
2694 627.749, Florida Statutes, is amended to read:
2695 627.749 Autonomous vehicles; insurance requirements.—
2696 (2) INSURANCE REQUIREMENTS.—
2697 (a) A fully autonomous vehicle with the automated driving
2698 system engaged while logged on to an on-demand autonomous
2699 vehicle network or engaged in a prearranged ride must be covered
2700 by a policy of automobile insurance which provides:
Page 108 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2701 1. Primary liability coverage of at least $1 million for
2702 death, bodily injury, and property damage.
2703 2. Personal injury protection benefits that meet the
2704 minimum coverage amounts required under ss. 627.730-627.7405.
2705 3. Uninsured and underinsured vehicle coverage as required
2706 by s. 627.727.
2707 Section 54. Section 627.8405, Florida Statutes, is amended
2708 to read:
2709 627.8405 Prohibited acts; financing companies.—A No
2710 premium finance company shall, in a premium finance agreement or
2711 other agreement, may not finance the cost of or otherwise
2712 provide for the collection or remittance of dues, assessments,
2713 fees, or other periodic payments of money for the cost of:
2714 (1) A membership in an automobile club. The term
2715 "automobile club" means a legal entity that which, in
2716 consideration of dues, assessments, or periodic payments of
2717 money, promises its members or subscribers to assist them in
2718 matters relating to the ownership, operation, use, or
2719 maintenance of a motor vehicle; however, the term this
2720 definition of "automobile club" does not include persons,
2721 associations, or corporations which are organized and operated
2722 solely for the purpose of conducting, sponsoring, or sanctioning
2723 motor vehicle races, exhibitions, or contests upon racetracks,
2724 or upon racecourses established and marked as such for the
2725 duration of such particular events. As used in this subsection,
Page 109 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2726 the term words "motor vehicle" has used herein have the same
2727 meaning as defined in chapter 320.
2728 (2) An accidental death and dismemberment policy sold in
2729 combination with a policy providing only bodily injury liability
2730 coverage personal injury protection and property damage
2731 liability coverage only policy.
2732 (3) Any product not regulated under the provisions of this
2733 insurance code.
2734
2735 This section also applies to premium financing by any insurance
2736 agent or insurance company under part XVI. The commission shall
2737 adopt rules to assure disclosure, at the time of sale, of
2738 coverages financed with personal injury protection and shall
2739 prescribe the form of such disclosure.
2740 Section 55. Subsection (1) of section 627.915, Florida
2741 Statutes, is amended to read:
2742 627.915 Insurer experience reporting.—
2743 (1) Each insurer transacting private passenger motor
2744 vehicle automobile insurance in this state shall report certain
2745 information annually to the office. The information will be due
2746 on or before July 1 of each year. The information must shall be
2747 divided into the following categories: bodily injury liability;
2748 property damage liability; uninsured motorist; personal injury
2749 protection benefits; medical payments; and comprehensive and
2750 collision. The information given must shall be on direct
Page 110 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2751 insurance writings in the state alone and shall represent total
2752 limits data. The information set forth in paragraphs (a)-(f) is
2753 applicable to voluntary private passenger and Joint Underwriting
2754 Association private passenger writings and must shall be
2755 reported for each of the latest 3 calendar-accident years, with
2756 an evaluation date of March 31 of the current year. The
2757 information set forth in paragraphs (g)-(j) is applicable to
2758 voluntary private passenger writings and must shall be reported
2759 on a calendar-accident year basis ultimately seven times at
2760 seven different stages of development.
2761 (a) Premiums earned for the latest 3 calendar-accident
2762 years.
2763 (b) Loss development factors and the historic development
2764 of those factors.
2765 (c) Policyholder dividends incurred.
2766 (d) Expenses for other acquisition and general expense.
2767 (e) Expenses for agents' commissions and taxes, licenses,
2768 and fees.
2769 (f) Profit and contingency factors as utilized in the
2770 insurer's automobile rate filings for the applicable years.
2771 (g) Losses paid.
2772 (h) Losses unpaid.
2773 (i) Loss adjustment expenses paid.
2774 (j) Loss adjustment expenses unpaid.
2775 Section 56. Subsections (2) and (3) of section 628.909,
Page 111 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2776 Florida Statutes, are amended to read:
2777 628.909 Applicability of other laws.—
2778 (2) The following provisions of the Florida Insurance Code
2779 apply to captive insurance companies that who are not industrial
2780 insured captive insurance companies to the extent that such
2781 provisions are not inconsistent with this part:
2782 (a) Chapter 624, except for ss. 624.407, 624.408,
2783 624.4085, 624.40851, 624.4095, 624.411, 624.425, and 624.426.
2784 (b) Chapter 625, part II.
2785 (c) Chapter 626, part IX.
2786 (d) Sections 627.730-627.7405, when no-fault coverage is
2787 provided.
2788 (e) Chapter 628.
2789 (3) The following provisions of the Florida Insurance Code
2790 shall apply to industrial insured captive insurance companies to
2791 the extent that such provisions are not inconsistent with this
2792 part:
2793 (a) Chapter 624, except for ss. 624.407, 624.408,
2794 624.4085, 624.40851, 624.4095, 624.411, 624.425, 624.426, and
2795 624.609(1).
2796 (b) Chapter 625, part II, if the industrial insured
2797 captive insurance company is incorporated in this state.
2798 (c) Chapter 626, part IX.
2799 (d) Sections 627.730-627.7405 when no-fault coverage is
2800 provided.
Page 112 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2801 (e) Chapter 628, except for ss. 628.341, 628.351, and
2802 628.6018.
2803 Section 57. Subsections (2), (6), and (7) of section
2804 705.184, Florida Statutes, are amended to read:
2805 705.184 Derelict or abandoned motor vehicles on the
2806 premises of public-use airports.—
2807 (2) The airport director or the director's designee shall
2808 contact the Department of Highway Safety and Motor Vehicles to
2809 notify that department that the airport has possession of the
2810 abandoned or derelict motor vehicle and to determine the name
2811 and address of the owner of the motor vehicle, the insurance
2812 company insuring the motor vehicle, notwithstanding the
2813 provisions of s. 627.736, and any person who has filed a lien on
2814 the motor vehicle. Within 7 business days after receipt of the
2815 information, the director or the director's designee shall send
2816 notice by certified mail, return receipt requested, to the owner
2817 of the motor vehicle, the insurance company insuring the motor
2818 vehicle, notwithstanding the provisions of s. 627.736, and all
2819 persons of record claiming a lien against the motor vehicle. The
2820 notice must shall state the fact of possession of the motor
2821 vehicle, that charges for reasonable towing, storage, and
2822 parking fees, if any, have accrued and the amount thereof, that
2823 a lien as provided in subsection (6) will be claimed, that the
2824 lien is subject to enforcement pursuant to law, that the owner
2825 or lienholder, if any, has the right to a hearing as set forth
Page 113 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2826 in subsection (4), and that any motor vehicle which, at the end
2827 of 30 calendar days after receipt of the notice, has not been
2828 removed from the airport upon payment in full of all accrued
2829 charges for reasonable towing, storage, and parking fees, if
2830 any, may be disposed of as provided in s. 705.182(2)(a), (b),
2831 (d), or (e), including, but not limited to, the motor vehicle
2832 being sold free of all prior liens after 35 calendar days after
2833 the time the motor vehicle is stored if any prior liens on the
2834 motor vehicle are more than 5 years of age or after 50 calendar
2835 days after the time the motor vehicle is stored if any prior
2836 liens on the motor vehicle are 5 years of age or less.
2837 (6) The airport pursuant to this section or, if used, a
2838 licensed independent wrecker company pursuant to s. 713.78 shall
2839 have a lien on an abandoned or derelict motor vehicle for all
2840 reasonable towing, storage, and accrued parking fees, if any,
2841 except that a no storage fee may not shall be charged if the
2842 motor vehicle is stored less than 6 hours. As a prerequisite to
2843 perfecting a lien under this section, the airport director or
2844 the director's designee must serve a notice in accordance with
2845 subsection (2) on the owner of the motor vehicle, the insurance
2846 company insuring the motor vehicle, notwithstanding the
2847 provisions of s. 627.736, and all persons of record claiming a
2848 lien against the motor vehicle. If attempts to notify the owner,
2849 the insurance company insuring the motor vehicle,
2850 notwithstanding the provisions of s. 627.736, or lienholders are
Page 114 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2851 not successful, the requirement of notice by mail is shall be
2852 considered met. Serving of the notice does not dispense with
2853 recording the claim of lien.
2854 (7)(a) For the purpose of perfecting its lien under this
2855 section, the airport shall record a claim of lien which states
2856 shall state:
2857 1. The name and address of the airport.
2858 2. The name of the owner of the motor vehicle, the
2859 insurance company insuring the motor vehicle, notwithstanding
2860 the provisions of s. 627.736, and all persons of record claiming
2861 a lien against the motor vehicle.
2862 3. The costs incurred from reasonable towing, storage, and
2863 parking fees, if any.
2864 4. A description of the motor vehicle sufficient for
2865 identification.
2866 (b) The claim of lien must shall be signed and sworn to or
2867 affirmed by the airport director or the director's designee.
2868 (c) The claim of lien is shall be sufficient if it is in
2869 substantially the following form:
2870
2871 CLAIM OF LIEN
2872 State of ........
2873 County of ........
2874 Before me, the undersigned notary public, personally appeared
2875 ........, who was duly sworn and says that he/she is the
Page 115 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2876 ........ of ............, whose address is........; and that the
2877 following described motor vehicle:
2878 ...(Description of motor vehicle)...
2879 owned by ........, whose address is ........, has accrued
2880 $........ in fees for a reasonable tow, for storage, and for
2881 parking, if applicable; that the lienor served its notice to the
2882 owner, the insurance company insuring the motor vehicle
2883 notwithstanding the provisions of s. 627.736, Florida Statutes,
2884 and all persons of record claiming a lien against the motor
2885 vehicle on ...., ...(year)..., by.........
2886 ...(Signature)...
2887 Sworn to (or affirmed) and subscribed before me this .... day of
2888 ...., ...(year)..., by ...(name of person making statement)....
2889 ...(Signature of Notary Public)... ...(Print, Type, or Stamp
2890 Commissioned name of Notary Public)...
2891 Personally Known....OR Produced....as identification.
2892
2893 However, the negligent inclusion or omission of any information
2894 in this claim of lien which does not prejudice the owner does
2895 not constitute a default that operates to defeat an otherwise
2896 valid lien.
2897 (d) The claim of lien must shall be served on the owner of
2898 the motor vehicle, the insurance company insuring the motor
2899 vehicle, notwithstanding the provisions of s. 627.736, and all
2900 persons of record claiming a lien against the motor vehicle. If
Page 116 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2901 attempts to notify the owner, the insurance company insuring the
2902 motor vehicle notwithstanding the provisions of s. 627.736, or
2903 lienholders are not successful, the requirement of notice by
2904 mail is shall be considered met. The claim of lien must shall be
2905 so served before recordation.
2906 (e) The claim of lien must shall be recorded with the
2907 clerk of court in the county where the airport is located. The
2908 recording of the claim of lien is shall be constructive notice
2909 to all persons of the contents and effect of such claim. The
2910 lien attaches shall attach at the time of recordation and takes
2911 shall take priority as of that time.
2912 Section 58. Paragraphs (a), (b), and (c) of subsection (4)
2913 of section 713.78, Florida Statutes, are amended to read:
2914 713.78 Liens for recovering, towing, or storing vehicles
2915 and vessels.—
2916 (4)(a) A towing-storage operator who comes into possession
2917 of a vehicle or vessel pursuant to paragraph (2)(b), and who
2918 claims a lien for recovery, towing, or storage services, must
2919 give notice, by certified mail, pursuant to subsection (16), to
2920 the registered owner, the insurance company insuring the vehicle
2921 or vessel notwithstanding s. 627.736, and all persons claiming a
2922 lien thereon, as disclosed by the records in the Department of
2923 Highway Safety and Motor Vehicles or as disclosed by the records
2924 of any corresponding agency in any other state in which the
2925 vehicle or vessel is identified through a records check of the
Page 117 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2926 National Motor Vehicle Title Information System or an equivalent
2927 commercially available system as being titled or registered.
2928 (b) When a law enforcement agency, county, or municipality
2929 authorizes the removal of a vehicle or vessel, or a towing
2930 service, garage, repair shop, or automotive service, storage, or
2931 parking place notifies a law enforcement agency of possession of
2932 a vehicle or vessel pursuant to s. 715.07(2)(a)2., if an
2933 approved third-party service cannot obtain the vehicle's or
2934 vessel's owner, lienholder, and insurer information or last
2935 state of record pursuant to subsection (16), then the person in
2936 charge of the towing service, garage, repair shop, or automotive
2937 service, storage, or parking place must request such information
2938 from the law enforcement agency of the jurisdiction where the
2939 vehicle or vessel is stored. The law enforcement agency to which
2940 the request was made must contact the Department of Highway
2941 Safety and Motor Vehicles, or the appropriate agency of the
2942 state of registration, if known, within 24 hours through the
2943 medium of electronic communications, giving the full description
2944 of the vehicle or vessel. Upon receipt of the full description
2945 of the vehicle or vessel, the department must search its files
2946 to determine the owner's name, the insurance company insuring
2947 the vehicle or vessel, and whether any person has filed a lien
2948 upon the vehicle or vessel as provided in s. 319.27(2) and (3)
2949 and notify the applicable law enforcement agency within 72
2950 hours. The person in charge of the towing service, garage,
Page 118 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2951 repair shop, or automotive service, storage, or parking place
2952 must request such information from the applicable law
2953 enforcement agency within 5 days after the date of storage and
2954 must provide the information to the approved third-party service
2955 in order to transmit notices as required under subsection (16).
2956 The department may release the insurance company information to
2957 the requestor notwithstanding s. 627.736.
2958 (c) The notice of lien must be sent by an approved third-
2959 party service by certified mail to the registered owner, the
2960 insurance company insuring the vehicle notwithstanding s.
2961 627.736, and all other persons claiming a lien thereon within 5
2962 business days, excluding a Saturday, Sunday, or federal legal
2963 holiday, after the date of storage of the vehicle or vessel. The
2964 notice must state all of the following:
2965 1. If the claim of lien is for a vehicle, the last 8
2966 digits of the vehicle identification number of the vehicle
2967 subject to the lien, or, if the claim of lien is for a vessel,
2968 the hull identification number of the vessel subject to the
2969 lien, clearly printed in the delivery address box and on the
2970 outside of the envelope sent to the registered owner and all
2971 other persons claiming an interest in or lien on the vehicle or
2972 vessel.
2973 2. The name, physical address, and telephone number of the
2974 lienor, and the entity name, as registered with the Division of
2975 Corporations, of the business where the towing and storage
Page 119 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
2976 occurred, which must also appear on the outside of the envelope
2977 sent to the registered owner and all other persons claiming an
2978 interest in or lien on the vehicle or vessel.
2979 3. The fact of possession of the vehicle or vessel.
2980 4. The name of the person or entity that authorized the
2981 lienor to take possession of the vehicle or vessel.
2982 5. That a lien as provided in paragraph (2)(b) is claimed.
2983 6. That charges have accrued and include an itemized
2984 statement of the amount thereof.
2985 7. That the lien is subject to enforcement under law and
2986 that the owner or lienholder, if any, has the right to initiate
2987 judicial proceedings as set forth in subsection (5).
2988 8. That any vehicle or vessel that remains unclaimed, or
2989 for which the charges for recovery, towing, or storage services
2990 remain unpaid, may be sold free of all prior liens 35 days after
2991 the vehicle or vessel is stored by the lienor if the vehicle or
2992 vessel is an older model or 57 days after the vehicle or vessel
2993 is stored by the lienor if the vehicle or vessel is a newer
2994 model.
2995 9. The address at which the vehicle or vessel is
2996 physically located.
2997 Section 59. Paragraph (a) of subsection (1), paragraph (c)
2998 of subsection (7), paragraphs (a), (b), and (c) of subsection
2999 (8), and subsections (9) and (10) of section 817.234, Florida
3000 Statutes, are amended to read:
Page 120 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
3001 817.234 False and fraudulent insurance claims.—
3002 (1)(a) A person commits insurance fraud punishable as
3003 provided in subsection (11) if that person, with the intent to
3004 injure, defraud, or deceive any insurer:
3005 1. Presents or causes to be presented any written or oral
3006 statement as part of, or in support of, a claim for payment or
3007 other benefit pursuant to an insurance policy or a health
3008 maintenance organization subscriber or provider contract,
3009 knowing that such statement contains any false, incomplete, or
3010 misleading information concerning any fact or thing material to
3011 such claim;
3012 2. Prepares or makes any written or oral statement that is
3013 intended to be presented to an any insurer in connection with,
3014 or in support of, any claim for payment or other benefit
3015 pursuant to an insurance policy or a health maintenance
3016 organization subscriber or provider contract, knowing that such
3017 statement contains any false, incomplete, or misleading
3018 information concerning any fact or thing material to such claim;
3019 3.a. Knowingly presents, causes to be presented, or
3020 prepares or makes with knowledge or belief that it will be
3021 presented to an any insurer, a purported insurer, a servicing
3022 corporation, an insurance broker, or an insurance agent, or any
3023 employee or agent thereof, any false, incomplete, or misleading
3024 information or a written or oral statement as part of, or in
3025 support of, an application for the issuance of, or the rating
Page 121 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
3026 of, any insurance policy, or a health maintenance organization
3027 subscriber or provider contract; or
3028 b. Knowingly conceals information concerning any fact
3029 material to such application; or
3030 4. Knowingly presents, causes to be presented, or prepares
3031 or makes with knowledge or belief that it will be presented to
3032 any insurer a claim for payment or other benefit under medical
3033 payments coverage in a motor vehicle a personal injury
3034 protection insurance policy if the person knows that the payee
3035 knowingly submitted a false, misleading, or fraudulent
3036 application or other document when applying for licensure as a
3037 health care clinic, seeking an exemption from licensure as a
3038 health care clinic, or demonstrating compliance with part X of
3039 chapter 400.
3040 (7)
3041 (c) An insurer, or any person acting at the direction of
3042 or on behalf of an insurer, may not change an opinion in a
3043 mental or physical report prepared under s. 627.736(7) or direct
3044 the physician preparing the report to change such opinion;
3045 however, this provision does not preclude the insurer from
3046 calling to the attention of the physician errors of fact in the
3047 report based upon information in the claim file. Any person who
3048 violates this paragraph commits a felony of the third degree,
3049 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3050 (8)(a) It is unlawful for any person intending to defraud
Page 122 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
3051 any other person to solicit or cause to be solicited any
3052 business from a person involved in a motor vehicle accident for
3053 the purpose of making, adjusting, or settling motor vehicle tort
3054 claims or claims for benefits under medical payments coverage in
3055 a motor vehicle insurance policy personal injury protection
3056 benefits required by s. 627.736. Any person who violates the
3057 provisions of this paragraph commits a felony of the second
3058 degree, punishable as provided in s. 775.082, s. 775.083, or s.
3059 775.084. A person who is convicted of a violation of this
3060 subsection shall be sentenced to a minimum term of imprisonment
3061 of 2 years.
3062 (b) A person may not solicit or cause to be solicited any
3063 business from a person involved in a motor vehicle accident by
3064 any means of communication other than advertising directed to
3065 the public for the purpose of making motor vehicle tort claims
3066 or claims for benefits under medical payments coverage in a
3067 motor vehicle insurance policy personal injury protection
3068 benefits required by s. 627.736, within 60 days after the
3069 occurrence of the motor vehicle accident. Any person who
3070 violates this paragraph commits a felony of the third degree,
3071 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3072 (c) A lawyer, health care practitioner as defined in s.
3073 456.001, or owner or medical director of a clinic required to be
3074 licensed pursuant to s. 400.9905 may not, at any time after 60
3075 days have elapsed from the occurrence of a motor vehicle
Page 123 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
3076 accident, solicit or cause to be solicited any business from a
3077 person involved in a motor vehicle accident by means of in
3078 person or telephone contact at the person's residence, for the
3079 purpose of making motor vehicle tort claims or claims for
3080 benefits under medical payments coverage in a motor vehicle
3081 insurance policy personal injury protection benefits required by
3082 s. 627.736. Any person who violates this paragraph commits a
3083 felony of the third degree, punishable as provided in s.
3084 775.082, s. 775.083, or s. 775.084.
3085 (9) A person may not organize, plan, or knowingly
3086 participate in an intentional motor vehicle crash or a scheme to
3087 create documentation of a motor vehicle crash that did not occur
3088 for the purpose of making motor vehicle tort claims or claims
3089 for benefits under medical payments coverage in a motor vehicle
3090 insurance policy personal injury protection benefits as required
3091 by s. 627.736. Any person who violates this subsection commits a
3092 felony of the second degree, punishable as provided in s.
3093 775.082, s. 775.083, or s. 775.084. A person who is convicted of
3094 a violation of this subsection shall be sentenced to a minimum
3095 term of imprisonment of 2 years.
3096 (10) A licensed health care practitioner who is found
3097 guilty of insurance fraud under this section for an act relating
3098 to a motor vehicle personal injury protection insurance policy
3099 must lose loses his or her license to practice for 5 years and
3100 may not receive reimbursement under medical payments coverage in
Page 124 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
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 1181 2025
3101 a motor vehicle insurance policy for personal injury protection
3102 benefits for 10 years.
3103 Section 60. For the 2025-2026 fiscal year, the sum of
3104 $83,651 in nonrecurring funds is appropriated from the Insurance
3105 Regulatory Trust Fund to the Office of Insurance Regulation for
3106 the purpose of implementing this act. This section shall take
3107 effect July 1, 2025.
3108 Section 61. Except as otherwise expressly provided in this
3109 act and except for this section, which shall take effect upon
3110 this act becoming a law, this act shall take effect July 1,
3111 2026.
Page 125 of 125
CODING: Words stricken are deletions; words underlined are additions.
hb1181-00
HB 1431
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1431 COMPANION BILL: CS/SB 1658 (Collins)
TITLE: Pub. Rec./Uniform Mitigation Verification LINKED BILLS: HB 1429 Fabricio
Inspection Forms RELATED BILLS: None
SPONSOR(S): Chaney
Committee References
Insurance & Banking Government Operations Commerce
SUMMARY
Effect of the Bill:
The bill creates a public records exemption for the electronic submissions of the uniform mitigation verification
form and the policyholder’s identifying information contained therein.
Fiscal or Economic Impact:
None
Extraordinary Vote Required for Passage:
The bill requires a two-thirds vote of the members present and voting in both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates a public records exemption for the electronic filings of the uniform mitigation verification
inspection forms (“forms”) and associated data, including the policyholder’s:
Identities;
Telephone numbers,
E-mail addresses;
Insurance companies; and
Insurance policy numbers. (Section 1).
In support of this exemption, the bill provides a public necessity statement as required by the Florida Constitution.
Therein, the bill cites to repercussions of disclosing identifying information contained in the forms. (Section 2).
Further, the bill:
Provides that, pursuant to the Open Government Sunset Review Act, this exemption will be automatically
repealed on October 2, 2030, unless reviewed and saved from repeal through legislative reenactment.
(Section 1).
Provides an effective date of July 1, 2025. (Section 3).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Records
STORAGE NAME: h1431.IBS
DATE: 4/1/2025
1
Article 1, section 24 of the Florida Constitution sets forth the state’s public policy regarding access to government
records, generally guaranteeing every person a right to inspect or copy any public record of the legislative,
executive, and judicial branches of government. Similarly, ch. 119, F.S., generally guarantees every person a right to
inspect and copy any state, county, or municipal record.
Public Records Exemption
The Florida Constitution authorizes the Legislature to provide by general law an exemption from public records
requirements; in other words, the Legislature may provide that a specific record, or a portion thereof, is not subject
to the access requirements of s. 119.07(1), F.S., or article I, section 24, of the Florida Constitution.1 However, the
bill creating the exemption must pass by a two-thirds vote of each chamber and state with specificity the public
necessity justifying the exemption.2 Further, the exemption itself may be no broader than necessary to accomplish
the law’s stated public purpose.3
Open Government Sunset Review Act
The Open Government Sunset Review Act4 (“Act”) provides that a public records exemption may be created,
revised, or maintained only if it serves an identifiable public purpose and the “Legislature finds that the purpose is
sufficiently compelling to override the strong public policy of open government and cannot be accomplished
without the exemption.”5 An identifiable public purpose is served if the exemption:
Allows the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
Protects sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision; or
Protects trade or business secrets.6
Further, pursuant to the Act, a new public record exemption or substantial amendment of an existing public record
exemption is automatically repealed on October 2nd of the fifth year following enactment, unless the Legislature
reenacts the exemption.7
Discounts for Hurricane Mitigation
Florida law promotes mitigation by requiring insurers to offer premium discounts for properties with certain
wind-resistant features (such as fortified roofs, window protection, etc.). S. 627.711, F.S. requires that insurers
notify policyholders about available hurricane mitigation discounts and accept a Uniform Mitigation Verification
Inspection Form as proof of a home’s mitigation features.
Currently, the identifying information contained in the form is not exempt under public records law.
OTHER RESOURCES:
Uniform Mitigation Verification Inspection Form
1 Art. I, s. 24(c), Fla. Const.; s. 119.011(8), F.S.
2 Art. I, s. 24(c), Fla. Const.; art. X, s. 12(e), Fla. Const.
3 Art. I, s. 24(c), Fla. Const.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6 Id.
7 S. 119.15(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Hamon Schenk
Subcommittee
Government Operations
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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 1431 2025
1 A bill to be entitled
2 An act relating to public records; amending s.
3 627.711, F.S.; providing exemptions from public
4 records requirements for insureds' uniform mitigation
5 verification inspection forms and associated data
6 entered into the Office of Insurance Regulation
7 database; providing for future legislative review and
8 repeal of the exemptions; providing a statement of
9 public necessity; providing a contingent effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (e) of subsection (2) of section
15 627.711, Florida Statutes, as amended by HB 1429 or similar
16 legislation, 2025 Regular Session, is redesignated as paragraph
17 (f), and a new paragraph (e) is added to that subsection to
18 read:
19 627.711 Notice of premium discounts for hurricane loss
20 mitigation; uniform mitigation verification inspection form.—
21 (2)
22 (e)1. The electronic filings and the associated data
23 entered into the database under paragraph (d), including the
24 policyholders' identities, telephone numbers, e-mail addresses,
25 insurance companies, and insurance policy numbers, are
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb1431-00
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 1431 2025
26 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
27 of the State Constitution.
28 2. This paragraph is subject to the Open Government Sunset
29 Review Act in accordance with s. 119.15 and shall stand repealed
30 on October 2, 2030, unless reviewed and saved from repeal
31 through reenactment by the Legislature.
32 Section 2. The Legislature finds that it is a public
33 necessity that a statewide uniform mitigation verification
34 inspection form submitted electronically, which reveals the
35 policyholder's name, identity, telephone number, e-mail address,
36 insurance company, and insurance policy number be confidential
37 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
38 Article I of the State Constitution. Uniform mitigation
39 verification inspection forms reveal critical personal
40 identifying information regarding policyholders and, in
41 aggregate, can be used to identify information claimed as a
42 trade secret pursuant to s. 624.4213, Florida Statutes.
43 Disclosing identifying information contained in uniform
44 mitigation verification inspection forms significantly
45 undermines the privacy of policyholders and can result in the
46 release of otherwise exempt trade secret information protections
47 claimed by insurers. Pervasive use of the Internet and related
48 technologies abet those with malicious purposes in exploiting
49 the use of personal identifying information within uniform
50 mitigation verification inspection forms, creating ever-
Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb1431-00
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 1431 2025
51 expanding threats to privacy and security never envisioned in
52 generations past. The establishment of a statewide database to
53 be operated by the Office of Insurance Regulation will lead to a
54 single repository with a vast amount of identifying information.
55 Furthermore, the public disclosure of such information could
56 hinder the effective and efficient administration of the
57 database. Therefore, the Legislature finds that it is a public
58 necessity to make exempt from public records requirements
59 identifying information contained in the uniform mitigation
60 verification inspection form electronic submissions.
61 Section 3. This act shall take effect on the same date
62 that HB 1429 or similar legislation takes effect, if such
63 legislation is adopted in the same legislative session or an
64 extension thereof and becomes a law.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb1431-00
INSURANCE & BANKING SUBCOMMITTEE
HB 1431 by Rep. Chaney
Pub. Rec./Uniform Mitigation Verification Inspection Forms
AMENDMENT SUMMARY
April 2, 2025
Amendment 1 by Rep. Chaney (Line 27): The amendment clarifies that electronic filings and
associated data entered into the uniform mitigation verification database may be released to
another governmental entity to support that entity’s official duties and responsibilities.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1431 (2025)
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 Chaney offered the following:
4
5 Amendment
6 Remove line 27 and insert:
7 of the State Constitution. The filings and data may be released
8 to another governmental entity in furtherance of that entity’s
9 official duties and responsibilities.
776809 - h1431-line27.docx
Published On: 4/2/2025 5:42:49 PM
Page 1 of 1
PCS for HB 881
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 881 COMPANION BILL: SB 1428 (DiCegile)
TITLE: Insurance LINKED BILLS: None
SPONSOR(S): Insurance & Banking Subcommittee RELATED BILLS: None
Committee References
Orig. Comm.: Insurance & Banking
SUMMARY
Effect of the Bill:
The bill:
Defines “sufficient evidence” for precluding bad faith actions against liability insurers.
Authorizes the Florida Department of Law Enforcement (FDLE) to process background checks for insurance
personnel.
Requires fair, documented affiliate compensation; mandates fee-for-service model by July 2026; requires
the Office of Insurance Regulation (OIR) approval for payments, dividends, and capital transfers to affiliates.
Requires all affiliate payments to comply with new standards.
Requires public adjusters to respond to claim status requests within 14 days.
Requires annual reports and disclosures for policyowners.
Updates definitions, surplus and bond requirements for reciprocal insurers; regulates subscriber
contributions, savings accounts, and distributions.
Requires independent subscriber committees with election and oversight duties.
Repeals outdated provisions; updates merger/conversion procedures.
Requires reciprocal insurers to maintain unearned premium reserves.
Fiscal or Economic Impact:
The bill will have an indeterminate fiscal impact.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Bad Faith
The bill defines “sufficient evidence” for the purpose of precluding bad faith actions against liability insurers.
“Sufficient evidence” must include written or photographic evidence of personal or property injury, such as
accident reports, photos, medical or repair bills, or receipts. If an insurer believes the evidence is insufficient, it
must object in writing within 10 business days or waive the objection. The claimant then has 10 business days to
clarify or provide more evidence. This change clarifies what constitutes "sufficient evidence" necessary to trigger
the start of the time period within which the insurer must tender payment to avoid bad faith. (Section 1).
Background Checks
The bill authorizes the FDLE to accept and process fingerprints and exchange criminal history records for
individuals involved in the insurance industry. The bill requires background checks for a wide range of persons
associated with insurers or insurance-related entities, including organizers, officers, employees, contractors, and
others who may influence or control insurance operations. Fingerprints must be submitted to the OIR or an
authorized vendor and will be processed by both the FDLE and the Federal Bureau of Investigation. The results of
the background checks will be used by the OIR to determine whether individuals meet eligibility requirements for
STORAGE NAME: PCS0881.IBS
DATE: 4/2/2025
1
licensure, certification, or authority to operate under the Florida Insurance Code. The bill also provides procedures
for submission, retention, and cost responsibilities associated with fingerprint processing and background checks.
(Section 2).
Affiliate Transaction Oversight
The bill provides increased regulatory oversight of financial transactions between insurers and affiliated entities,
including managing general agents (MGAs), attorneys in fact, and reciprocal insurers. The bill applies to any
insurer that contracts with or makes payments to such entities and establishes requirements to ensure those
payments are fair, reasonable, and in the insurer’s best interest.
The bill defines key terms, including "affiliated entity," which broadly includes affiliates, MGAs, attorneys in fact,
and reciprocal insurers involved in compensation or contractual arrangements with the insurer.
The bill requires insurers to submit documentation to the OIR demonstrating that all fees, commissions, or
payments to affiliated entities are fair and reasonable for each service provided. The OIR must evaluate this using
specified factors, including the actual cost of services, financial condition of the parties, debt levels, dividends or
payments exchanged, and whether the contract terms benefit the insurer.
For all agreements in effect on July 1, 2025, insurers must report by October 1, 2025, the costs incurred by
affiliates, amounts charged to the insurer, and any fees forgiven or reimbursed over the past two years. If charges
exceed costs, insurers must justify how the fees are fair and reasonable. New contracts after that date must include
similar documentation before becoming effective.
Beginning July 1, 2026, all compensation arrangements must follow a fee-for-service model, meaning fixed or
hourly rates for itemized services. Compensation may not be based on commissions, premium volume,
underwriting profits, or financial performance of the insurer. Dividends or other financial arrangements with
affiliates are still allowed but must be separately reviewed and approved by the OIR.
The bill also provides that:
All agreements with affiliated entities must include a termination clause and may not exceed three years
without undergoing review and reapproval by the OIR.
The OIR must be notified at least 30 days in advance before an insurer pledges capital or assets to an
affiliate, and the OIR may prohibit such arrangements if not in the insurer’s best interest.
During a declared emergency, the OIR may issue orders restricting transfers of funds to affiliates without
prior approval, for up to 90 days, with extensions allowed.
All dividends paid to affiliates, regardless of relationship, must be approved by the OIR.
The OIR may recover improper transfers, including those made in violation of approved arrangements or
while the insurer was undercapitalized.
Finally, the bill authorizes the OIR to impose penalties for violations of these requirements and requires the
Financial Services Commission to adopt rules to implement these provisions. (Section 3).
Application of Dividend Requirements to Affiliated Entities
The bill expands dividend restrictions and requirements currently applicable to domestic stock insurers to include
application to affiliated entities. Additionally, the bill requires that any approval of a dividend, distribution, or
other financial arrangement comply with the affiliate transaction oversight provisions created in the bill. (Section
7).
Authority Over Affiliate Dividends
The bill gives the OIR express oversight and regulatory authority over dividends and other financial arrangements
paid to affiliates. The bill prohibits the declaration or distribution of such payments without prior approval from
the OIR. It also requires that all affiliate dividends and financial arrangements comply with the affiliate transaction
oversight provisions created in the bill. The bill authorizes the OIR to impose penalties for unauthorized
transactions and directs the OIR to adopt rules to implement the section. (Section 8).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Affiliate Compensation Compliance
The bill requires that affiliate compensation arrangements comply with the provisions created in the bill, in
addition, to the existing requirement that such payments be fair and reasonable. (Section 4).
Reciprocal affiliates
The bill specifies that the attorney in fact of a reciprocal insurer is considered an affiliated entity of the reciprocal
for purposes of section 624.10, F.S., and the affiliated entity provisions created in the bill apply to reciprocal
affiliates. (Section 11).
Public Adjusters
The bill requires public adjusters to respond to claim status requests within 14 days. (Section 5).
Universal Life Insurance Policies
The bill establishes annual reporting requirements and policy disclosures for universal life insurance policies
issued in Florida. It defines key terms such as "universal life insurance policy1," "policy value2," "net cash surrender
value3," and distinguishes between fixed-premium4 and flexible-premium policies.5
The bill requires insurers to provide policyowners with a free, annual status report that includes specific
information such as policy values, credited and debited amounts, outstanding loans, current death benefits, and net
cash surrender value. The report must also include warnings when the policy’s value is projected to be insufficient
to keep the policy in force, either until the next reporting period or until contract maturity, depending on the type
of policy.
These requirements apply to all universal life insurance policies issued in the state, excluding variable contracts as
defined in s. 627.8015, F.S. (Section 6).
Reciprocal Insurers
The bill modifies the definition of a reciprocal insurer to include two new classes: assessable reciprocal insurers
and non-assessable reciprocal insurers. (Section 9).
Assessable and Non-Assessable Reciprocal Insurers
The bill amends the surplus funds required for a reciprocal insurer, with such requirements differing based on
whether the reciprocal is assessable or non-assessable. Current law requires reciprocal insurers to have $750,000
in expendable surplus when first authorized, and to maintain $250,000 in surplus funds. Under the bill:
Assessable reciprocal insurers must have and maintain surplus funds of at least $3 million to transact
insurance.
Non-assessable reciprocal insurers are subject to the surplus required under 624.408, F.S., for a domestic
stock insurer authorized to transact like kinds of insurance. (Section 10).
Attorney in Fact Bond
The bill increases the bond amount required for an attorney in fact of a domestic reciprocal insurer from $100,000
to $300,000 and clarifies that the bond must be in favor of the state for the benefit of all persons damaged by a
breach of the bond conditions. (Section 12).
1 Universal life insurance policy means any individual life insurance policy, rider, group master policy, or individual certificate, under the
provisions of which separately identified interest credits and mortality and expense charges are made to the policy. The policy, rider, or
certificate does not apply to policies, riders, group master policies, or individual certificates in connection with dividend accumulations,
premium deposit funds, or other supplementary accounts. A universal life insurance policy may provide for other credits and charges, such
as charges for the cost of benefits provided by a rider.
2 Policy value means the value of any individual life insurance policy, rider, group master policy, or individual certificate, under the
provisions of which separately identified interest credits, other than in connection with dividend accumulations, premium deposit funds, or
other supplementary accounts, and mortality and expense charges are made to the policy. A universal life insurance policy may provide for
other credits and charges, such as charges for the cost of benefits provided by a rider.
3 Net cash surrender value means the maximum amount payable to the policyowner upon surrender.
4 Fixed-premium universal life insurance policy means a universal life insurance policy other than a flexible-premium universal life
insurance policy.
5 Flexible-premium universal life insurance policy means a universal life insurance policy that allows the policyowner to vary, independently
of each other, the amount of timing of one or more premium payments or the amount of insurance.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Subscriber Advisory Committee
The bill revises the structure and governance requirements for subscribers’ advisory committees6 of reciprocal
insurers. It requires each reciprocal insurer to establish a subscribers’ advisory committee that represents the
interests of its subscribers, with governing rules and any amendments subject to approval by the OIR.
The bill expands the committee’s duties to include supervising the insurer’s operations for compliance with all
governing documents and authorizes the committee to hire independent professionals at the insurer’s expense.
The initial committee must be appointed by the original subscribers or the attorney in fact.
At least two-thirds of the committee must be independent subscribers who are not affiliated with the attorney in
fact. These members must be elected by the subscribers within six months of the insurer receiving its certificate of
authority. The bill also requires reciprocal insurers with more than 50 subscribers to provide a platform that
enables subscribers to communicate with one another about the election process. (Section 17).
Subscriber Contributions
The bill authorizes reciprocal insurers to require subscriber contributions7 in addition to premiums, subject to
prior approval by the OIR. The bill requires reciprocal insurers to clearly disclose such contributions on the
declarations page of the policy and to provide subscribers with an annual report detailing how each dollar of the
contribution was allocated or spent. (Section 13).
Subscriber contributions may not exceed 2 percent of each individual subscribers’ policy premium for a
nonassessable reciprocal insurer and 10 percent of each individual subscribers’ policy premium for an assessable
reciprocal insurer. Subscriber contributions are allowed as assets for the purposes of determining the reciprocal’s
financial condition, except that any premium deposits delinquent for 90 days will first be charged against such
subscriber contributions. (Section 18).
Subscriber Savings Accounts
The bill authorizes reciprocal insurers to establish subscriber savings accounts 8 and sets requirements for their
use and disclosure. The bill requires insurers to inform subscribers in writing about limitations, restrictions,
distribution procedures, and calculation methods. Additionally, the bill requires that advertisements disclose
limitations and provides that, upon policy cancellation or nonrenewal, subscribers are entitled to the funds in their
accounts unless otherwise restricted by law, contract, or regulatory order. (Section 14).
Subscriber Distributions
The bill authorizes to make distributions9 to subscribers from their subscriber savings accounts. The subscribers’
advisory committee shall have sole authority to authorize distributions, subject to prior the OIR approval. Any
reciprocal that otherwise authorizes distributions but prohibits subscribers from receiving distributions for a
specified period of time, including after initial subscription, must renew the subscriber’s policy for that period of
time plus 1 additional policy year. This does not prohibit the cancellation or nonrenewal of a policy pursuant to
624.4133, F.S., or by the OIR order.
The bill provides that a reciprocal insurer may return to its subscribers any unused premiums, savings, or credits
accruing to their accounts. Such distribution may not unfairly discriminate between classes of risks or policies, or
between subscribers, but may vary as to classes of subscribers based on the experience of the classes.
6 Subscribers' advisory committee means the committee of a domestic reciprocal insurer which is formed in compliance with s. 629.201 and
represents the interests of the subscribers.
7 Subscriber contribution means any transfer of money by a subscriber of a reciprocal insurer to the reciprocal insurer in excess of the
premium approved by the office, when such money is counted as surplus for the reciprocal insurer or used to pay surplus notes.
8 Subscriber savings account means any account in which a reciprocal insurer assigns money for the benefit of an individual subscriber,
other than accounts holding money for the payment of a specific claim by or settlement of a specific legal dispute with that individual
subscriber.
9 Distribution means any transfer of money from the reciprocal insurer to subscribers other than for the payment of a claim, settlement of a
legal dispute, or return of principle.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The bill provides that a domestic reciprocal insurer may, upon prior written OIR approval, pay to its subscribers a
portion of unassigned funds of up to 10 percent of surplus, with distribution limited to 50 percent of net income
from the previous calendar year. Such distribution may not unfairly discriminate between classes of risks or
policies, or between subscribers, but may vary as to classes of subscribers based on the experience of the classes.
(Section 15).
Annual Statement
The bill specifies that the annual statement procured by the subscribers advisory committee must be an audited
annual statement of the accounts and records of the insurer and the attorney in fact. The bill provides that:
The insurer’s statement must be prepared by an independent auditor at the insurer’s expense, and made
available for inspection by any subscriber, and filed by the attorney in fact.
The statement of the attorney in fact must be prepared by an independent auditor at the expense of the
attorney in fact, and filed with the annual statement of the reciprocal. (Section 16).
Repealed Provisions Related to Reciprocal Insurers
The bill repeals several provisions of ch. 629, F.S., relating to reciprocal insurers, including
629.271, F.S. This section is effectively replaced by the bill’s subscriber distributions provision. (Section
19).
629.401, F.S. Removes a cross reference to a repealed statute. (Section 22 and 25).
629.520, F.S. (Section 23).
Merger or Conversion
The bill makes two technical changes regarding reciprocal insurers merger or conversion.
The Financial Services Commission, rather than the OIR, will provide the appropriate legal forms for
merging reciprocals or conversion into a stock or mutual insurer.
Clarifies language in statute to make it clearer that the provision is applicable in the case of either merger
or conversion. (Section 20).
Impaired Reciprocal Insurers
The bill clarifies that the OIR issues the order for the attorney in fact to make up a deficiency or levy an assessment
and specifies that, upon liquidation, the receiver shall levy assessments on subscribers to cover all liabilities,
including liquidation costs, subject to any limits in the power of attorney, the policy, or ch. 629, F.S. (Section 21).
Unearned Premium Reserve
The bill creates s. 629.56, F.S., to require reciprocal insurers to maintain an unearned premium reserve at all times
in accordance with section 625.051, F.S. (Section 24)
Compliance Deadlines for Existing Reciprocal Insurers
The bill provides that reciprocal insurers licensed before July 1, 2025, must comply with the new subscribers’
advisory committee requirements in s. 629.201, F.S., by July 1, 2026, and with the new unearned premium reserve
requirements in s. 629.56, F.S., by July 1, 2027. (Section 26).
Except as expressly provided otherwise, the bill takes effect July 1, 2025. (Section 27).
RULEMAKING:
The bill grants rulemaking authority to the OIR to implement the affiliate transaction oversight provisions created
by the bill, and requires rulemaking to implement s. 628.372, F.S., relating to dividends and financial arrangements
with affiliates.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an indeterminate fiscal impact.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Regulation of Insurance in Florida
The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers and other risk bearing
entities in Florida.10 As part of their regulatory oversight, the OIR may suspend or revoke an insurer’s certificate of
authority under certain conditions.11 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.12
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.13 The OIR is also authorized to conduct market conduct examinations to determine compliance
with applicable provisions of the Insurance Code.14
Insurance companies that transact insurance in Florida or that have offices located in the state are required to
obtain a certificate of authority (COA) issued by the OIR pursuant to s. 624.401, F.S. These companies, referred to
as authorized or admitted insurers,15 are broadly regulated by the OIR under the Insurance Code as to reserves,
surplus as to policyholders, solvency, rates and forms, market conduct, permissible investments, and affiliate
relationships.16 Authorized insurers are also required to participate in a variety of government mandated
insurance programs and pay assessments levied by state guaranty funds in the event of insurer insolvencies.17
Bad Faith in Insurance
Insurance is a contract between an insurance company (“insurer”) and the insurance policy’s beneficiary (“the
insured”), in which, for specified consideration called a “premium,” the insurer agrees to pay the insured or third-
party claimants for covered losses.18 An insurer generally owes two significant contractual duties to its insured in
exchange for premium payments: the duty to indemnify and the duty to defend.19
The “duty to indemnify” refers to the insurer’s obligation to issue payment to the insured on a valid claim.20
For example, an insured may purchase a policy requiring the insurer to replace the insured’s vehicle in the
event of a car accident. If a covered accident then occurs, causing the insured’s vehicle to be destroyed, the
duty to indemnify requires the insurer to replace the insured’s vehicle.
The “duty to defend” refers to the insurer’s duty to defend the insured in court against a third party with
respect to a covered claim.21 For example, an insured may purchase a liability policy in the event the
insured causes a car accident and injuries a third party. If a covered accident then occurs, causing injury to
10 s. 20.121(3)(a), F.S. The Financial Services Commission, composed of the Governor, the Attorney General, the Chief Financial Officer, and
the Commissioner of Agriculture, serves as agency head of the Office of Insurance Regulation for purposes of rulemaking. Further, the
Financial Services Commission appoints the commissioner of the Office of Insurance Regulation.
11 s. 624.418, F.S.
12 s. 624.316(1)(a), F.S.
13 s. 624.318(2), F.S.
14 s. 624.3161, F.S.
15 An “authorized” or “admitted” insurer is one duly authorized by a COA to transact insurance in this state.
16 The Insurance Code consists of chs. 624-632, 634, 635, 636, 641, 642, 648, and 651, F.S.
17 For example, Florida licensed direct writers of property and casualty insurance must be members of the Florida Insurance Guaranty
Association, which handles the claims of insolvent insurers under part II of ch. 631, F.S., and insurers offering workers’ compensation
coverage in Florida must be members of the Florida Workers’ Compensation Insurance Guaranty Association, which provides payment of
covered clander part V of ch. 631, F.S.
18 16 Williston on Contracts s. 49:103 (4th ed.).
19 Id.
20 Id.
21 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
a third-party claimant who sues the insured, the duty to defend requires the insurer to defend the insured
against the claimant’s lawsuit.
Insurer’s Common Law and Statutory Duties
Florida courts, in applying the common law, recognize that an insurer owes its insured a duty of good faith in
negotiating settlements with third-party claimants.22 There is also a statutory duty of good faith codified in s.
624.155, F.S. Under that provision, a statutory bad faith claim may arise where the insurer:
Does not attempt in good faith to settle claims when, under all the circumstances, it could and should have
done so;
Makes claim payments without a statement identifying the applicable coverage; or
Fails to promptly settle a claim under one portion of the policy to influence settlement under another
portion.
Florida courts have interpreted an insurer’s obligation to “act fairly” towards its insured, holding that when the
insured’s liability is clear and an excess judgment23 is likely due to the resulting damage, the insurer has an
affirmative duty to initiate settlement negotiations with third-party claimants.24 If settlement fails, the insurer has
the burden of showing that there was no realistic possibility of settling the claim within the policy limits.25
However, failure to settle a claim, without more, does not necessarily mean that an insurer has acted in bad faith,
as liability may be unclear or the damages may be minimal. Further, courts have generally indicated that merely
negligently failing to settle a claim does not rise to the level of bad faith, though a jury may consider negligence in
the larger context of whether bad faith occurred.26
First-Party vs. Third-Party Bad Faith Claims
There are two general types of bad faith claims: “first-party” claims and “third-party” claims.
A “first-party” bad faith claim is a claim filed by the insured against his or her own insurer; these claims
typically involve allegations that the insurer improperly denied the insured coverage under the policy,
underpaid a covered claim, or delayed payment without adequate justification.27
A “third-party” bad faith claim arises when the insured is exposed to liability to a third party; such a claim,
which may be brought by either the insured or the third party, typically arises when:
o An insurer fails to settle in good faith a third party’s claim against the insured within the policy
limits;
o There is serious injury to the third-party claimant; and
o The policy limits are minimal, thus exposing the insured to an excess judgment.28
Legislative Reforms – HB 837 (2023)
In 2023, HB 837 amended s. 624.155, F.S., to clarify that mere negligence is not sufficient to constitute bad faith
and established that the insured, third-party claimant, and any representative of either have a duty to act in good
faith when furnishing claim information, making demands, setting deadlines, or attempting to settle.29 The judge or
jury (trier of fact) may consider a failure to act in good faith by any of these parties and may reasonably reduce
damages awarded against the insurer accordingly.30
Additionally, HB 837 established a safe harbor from bad faith liability in liability insurance claims. An insurer is not
liable for bad faith under either statute or common law if it tenders the lesser of the policy limits or the amount
22 Mut. Indemnity Co. v. Shaw, 184 So. 852 (Fla. 1938).
23 An “excess judgment” is a judgment in an amount over and above the insurance policy’s coverage limits, which amount is paid out of the
insured’s own pocket.
24 Powell v. Prudential Prop. and Cas. Ins. Co., 584 So. 2d 12, 14 (Fla. 3d DCA 1991).
25 Id. at 14.
26 See DeLaune v. Liberty Mut. Ins. Co., 314 So. 2d 601, 603 (Fla. 4th DCA 1975).
27 The Florida Senate, Interim Report 2012-132: Insurance Bad Faith (Nov. 2011),
https://www.flsenate.gov/publishedcontent/session/2012/interimreports/2012-132ju.pdf (last visited March. 24, 2025).
28 Id.
29 ch. 2023-15, Laws of Fla.
30 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
demanded by the claimant within 90 days after receiving actual notice of the claim along with sufficient evidence
to support the amount. If the insurer does not tender within the 90-day period, the following applies:
The existence of the safe harbor period and the fact that no bad faith action would have accrued had
payment been tendered are inadmissible in a subsequent bad faith action; and
The applicable statute of limitations is extended by 90 days.31
HB 837 further provided that if multiple third-party claimants present competing claims arising out of a single
occurrence that may exceed the insured’s policy limits, the insurer is not liable beyond those limits if, within 90
days, it either:
Files a lawsuit (interpleader action) under the Florida Rules of Civil Procedure; or
Agrees to binding arbitration and makes the full policy limits available for distribution before a mutually
selected arbitrator, at the insurer’s expense.32
Bad Faith Claim Pre-Suit Notice Requirement
To bring a statutory bad faith claim under s. 624.155, F.S., whether first-party or third-party, a plaintiff must first
give the insurer 60 days’ written notice of the claim by filing a civil remedy notice with Department of Financial
Services (DFS).33 The insurer then has 60 days from receiving notice from DFS to either pay the damages or correct
the circumstances giving rise to the bad faith claim, and the statutory cause of action does not accrue until the 60-
day “cure” period has run without the insurer taking such steps.34 Where the insurer timely pays the damages or
otherwise corrects the circumstances giving rise to the bad faith claim, no statutory bad faith lawsuit may be
brought.35
If a plaintiff brings a third-party common law bad faith claim, by contrast, there is no statutory pre-suit notice
requirement; thus, the insurer cannot avoid a third-party bad faith lawsuit by paying the damages or curing the
circumstances giving rise to the claim within the statutory cure period. However, after HB 837 (2023), the claimant
now has the right to offer the insurer an opportunity to cure.
Filing a Bad Faith Claim
Generally, a bad faith cause of action does not accrue until the underlying contractual claim is resolved. 36 In a first-
party context, this means the insured must prevail on their coverage claim before bringing a bad faith suit. In a
third-party context, the action usually accrues only after an excess judgment is entered against the insured. 37
Indefiniteness About What Constitutes Bad Faith
Florida law does not precisely define “bad faith,” and the determination is generally a question of fact for the jury,
based on the totality of the circumstances.38 Courts have noted that insurer liability must be based on more than a
failure to settle or negligence—there must be conduct showing a lack of fair dealing or failure to give due regard to
the insured’s interests.39
Florida Department of Law Enforcement
The Florida Department of Law Enforcement (FDLE) is a state agency created in 1969 to provide investigative,
forensic, and criminal justice services in support of Florida’s law enforcement community.40 FDLE operates under
the direction of the Florida Cabinet and maintains its headquarters in Tallahassee, with regional operations
31 Id.
32 ch. 2023-15, Laws of Fla.
33 s. 624.155(3)(a), F.S.
34 s. 624.155(3)(c), F.S.; Talat Enterprises, Inc. v. Aetna Cas. & Sur. Co., 753 So. 2d 1278, 1284 (Fla. 2000).
35 s. 624.155(3)(c), F.S.
36 Blanchard v. State Farm Mut. Auto. Ins. Co., 575 So. 2d 1289, 1291 (Fla. 1991).
37 Id.
38 Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004).
39 See DeLaune v. Liberty Mut. Ins. Co., 314 So. 2d 601, 603 (Fla. 4th DCA 1975) (holding that negligence alone does not amount to bad faith);
Macola v. Gov’t Emps. Ins. Co., 953 So. 2d 451, 458 (Fla. 2007) (explaining that payment of policy limits after a civil remedy notice does not
bar a common law bad faith claim); Blanchard v. State Farm Mut. Auto. Ins. Co., 575 So. 2d 1289, 1291 (Fla. 1991) (bad faith action does not
accrue until coverage and damages are determined); Berges v. Infinity Ins. Co., 896 So. 2d 665, 680 (Fla. 2004) (bad faith is assessed under
the totality of the circumstances and requires fair and honest treatment of the insured’s interests).
40 s. 943.03, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
throughout the state. FDLE’s mission is to promote public safety and strengthen domestic security by providing
services to local, state, and federal agencies.41
FDLE is responsible for processing criminal history background checks and fingerprint submissions for a wide
range of professions and regulatory programs, including those involving licensure and employment eligibility.42
The agency is authorized to exchange fingerprint data with the United States Department of Justice as part of
national criminal history checks.43
As part of Florida’s oversight of the insurance industry, the FDLE provides access to criminal history information to
noncriminal justice agencies, such as the Department of Financial Services (DFS), for use in evaluating insurance
licensure applications.44 Individuals applying for licenses—such as insurance agents, adjusters, and other regulated
professionals—must submit to fingerprint-based background screenings.45 Fingerprints must be submitted
electronically through a LiveScan vendor approved by FDLE.46 FDLE processes the fingerprints and transmits the
results to the appropriate licensing authority, typically DFS, to determine the applicant’s eligibility.47
Division of Insurance Agent and Agency Services
The DFS Division of Insurance Agent and Agency Services is responsible for the licensing and regulation of
insurance agents, adjusters, insurance agencies, as well as related personnel and business entities.48
No person may be, act as, or advertise, or hold himself/herself out to be an insurance agent, insurance adjuster, or
customer representative unless he or she is currently licensed by DFS and appointed by an appropriate appointing
entity or person.49 There are several types of insurance representatives. These include:
General lines agents,
Life insurance agents,
Health insurance agents,
Title insurance agents,
Personal lines agents,
Unaffiliated insurance agents, and
Managing general agents.50
Life Insurance
Part III of chapter 627, Florida Statutes, governs life insurance and annuity contracts.51 "Life insurance" refers to
insurance on human lives and includes the issuance of annuity contracts.
Life insurance may:
Provide a death benefit to an individual’s beneficiaries;
Allow survivors to pay off debts and other expenses; and
Serve as a source of income to replace earnings lost due to the insured’s death.52
There are two primary types of life insurance:
Term life insurance, which provides coverage for a specified period and is generally less expensive; and
Permanent life insurance, which provides lifelong coverage and may build cash value over time. Variations
of permanent life insurance include universal life insurance, which is commonly marketed by life insurance
companies and includes a savings component.53
41 FDLE, Mission Statement, https://www.fdle.state.fl.us (last visited April 1, 2025).
42 S. 943.053, F.S.
43 S. 943.054, F.S.
44 S. 943.053(3)(a), F.S.
45 S. 626.171(4), F.S.
46 Florida Department of Financial Services, Fingerprinting Information, https://www.myfloridacfo.com/division/agents/licensing/agents-
and-adjusters/fingerprinting-information. (last visited on April 2, 2025).
47 Id.
48 Ch. 626, parts I, II, III, IV, V, VI, VIII, IX, and XIII, F.S.
49 S. 626.112, F.S.
50 S. 626.015, F.S.
51 S. 624.602(1), F.S.
52 Florida Office of Insurance Regulation, Life Insurance, https://flOIR .com/life-health/life (last visited April 1, 2025).
53 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
Universal Life Insurance
Universal life insurance is a type of permanent life insurance that offers lifetime coverage as long as premiums are
paid.54 It includes a cash value component and allows policyholders to adjust the amount and timing of premium
payments and the death benefit, subject to policy terms and tax law limitations.55
Policyholders may choose between interest-sensitive policies and those with guaranteed interest rates. Interest-
sensitive policies allow policyholders to accept some investment risk in exchange for the possibility of higher
returns. If the cash value becomes underfunded, the policyholder may need to make increased premium payments
to maintain coverage.56
Universal life insurance can be used to meet evolving financial obligations, such as those related to marriage,
raising a family, or estate planning.57
Managing General Agents
Some insurers operate within a holding company system that includes a managing general agent (MGA).58 An MGA
is a specialized type of insurance agent or broker that has underwriting authority from an insurer.59 MGAs can
perform certain functions that insurers typically handle, including binding coverage, underwriting and pricing,
agent appointments, and claims adjusting and settlement.60 An MGA may be an affiliate of an insurer. Section
624.10(1), F.S., defines an affiliate as an entity that exercises control over or is directly or indirectly controlled by
an insurer. MGAs must enter into contracts with the insurers they do business with, including those that are
affiliates—that is, entities that control or are controlled by the insurer.61 These contracts must specify the division
of responsibilities between the insurer and the MGA.62
There is currently no statutory limit on the duration of these contracts.
Examination of Insurers and MGAs
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.63 The OIR's examination authority
extends to MGAs.64
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.65 As part of an examination, the OIR reviews contracts between insurers and MGAs, so that it
can determine how much an insurer is paying its MGA and what services the insurer is receiving for the fee it pays.
The scope of the examination of an insurer’s affiliates in a holding company system is limited to information
reasonably necessary to ascertain an insurer’s financial condition.
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.66 Policyholders of a
54 https://www.investopedia.com/terms/u/universallife (last visited April 1, 2025).
55 Id.
56 S. 627.6562(1), F.S.
57 Id.
58 See s. 628.801, F.S. An “insurance holding company system” consists of two or more affiliated persons, one or more of which is an insurer.
59 S. S. 626.015(16)(a), F.S., see also, International Risk Management Institute, https://www.irmi.com/term/insurance-
definitions/managing-general-agent (last visited Mar. 28, 2025);
60 Id.
61 S. 626.7451, F.S.
62 Id.
63 s. 624.316(1)(a), F.S.
64 Id.; S. 626.7452, F.S.
65 s. 624.318(2), F.S.
66 Julia Kagan and Eric Estevez, Reciprocal Insurance Exchange: Definition, How It Works, Example (last updated Sep. 28, 2023), Investopedia,
https://www.investopedia.com/terms/r/reciprocal-insurance-exchange.asp (last visited Mar. 28, 2024).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
reciprocal insurance exchange are known as “subscribers.”67 A reciprocal insurer operates through a common
representative known as the attorney in fact, who manages the day-to-day business and executes insurance
contracts on behalf of all subscribers.68 The authority of the attorney in fact is granted through a power of attorney
agreement signed by each subscriber.69
Chapter 629, Florida Statutes, governs the regulation of reciprocal insurers in Florida. A reciprocal insurer may
transact any type of insurance authorized under the Florida Insurance Code, except title insurance. Reciprocal
insurers must be licensed by the OIR and are subject to financial and operational requirements, including annual
reporting and minimum surplus standards.70
Reciprocal insurers are required to maintain an unearned premium reserve. This reserve represents the unearned
portion of gross premiums on in-force policies and must be calculated using a method approved by the OIR. 71
Reciprocal insurers are subject to surplus requirements based on their structure.72 Assessable reciprocal insurers
must maintain a minimum surplus of $250,000. Nonassessable reciprocals are required to maintain the same
surplus as domestic stock insurers and, when first authorized, must also hold an expendable surplus of at least
$750,000.73
Typically, an advisory board manages a reciprocal insurance company.74 The board is responsible for choosing and
monitoring the attorney-in-fact, approving rates, and providing oversight of the operations of the reciprocal.75
Reciprocal insurers are also governed by a subscribers’ advisory committee, which represents the interests of the
subscribers and is responsible for oversight of the attorney in fact and insurer operations. The advisory committee
must be selected under rules adopted by the subscribers and approved by the OIR.76 Not less than two-thirds of the
committee must consist of subscribers who are not the attorney in fact or any person employed by, representing,
or having a financial interest in the attorney in fact.77 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.78
Impaired Reciprocal Insurers
If a reciprocal insurer becomes impaired—meaning it is unable to meet its obligations or maintain required
surplus—the Department of Financial Services may initiate rehabilitation or liquidation proceedings under ch.
631, F.S., including potential rehabilitation under s. 631.051, F.S., or liquidation under s. 631.061, F.S. 79
Mergers Involving Reciprocal Insurers
Reciprocal insurers may merge or consolidate under Part III of Chapter 628, F.S., with approval from the Office of
Insurance Regulation. The unique governance structure of reciprocals, including the attorney in fact and
subscribers’ advisory committee, must be considered in any proposed transaction.80
67 Id.
68 Verstein, supra note 4 at 264.
69 Id. at 251.
70 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.
71 s. 625.051, F.S.
72 S. 629.071, F.S.
73 Id.
74 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.
75 Id.
76 s. 629.201(1), F.S.
77 s. 629.201(2), F.S.
78 s. 629.201(3), F.S.
79 s. 629.301, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
Payments to Affiliates
Each insurer doing business in Florida that pays a fee, commission, or other financial consideration or payment to
any affiliate is required to provide, upon request of the OIR, any information the OIR deems necessary. The fee,
commission, or other financial consideration or payment to any affiliate must be fair and reasonable. In
determining whether the fee, commission, or other financial consideration or payment is fair and reasonable, the
OIR must consider, among other things, the actual cost of the service being provided.81
Public Adjusters
Florida law defines a public adjuster as someone who, for something of value, directly or indirectly, prepares,
completes, or files an insurance claim for an insured or third-party claimant, or who, for something of value, acts
on behalf of, or aids, an insured or third-party claimant in settling a claim for loss or damage covered by an
insurance contract, or who advertises for employment as an adjuster of such claims.82 In general, a claimant
executes a contract for the public adjuster to provide claims adjusting services.83
Stock vs. Mutual Insurers
In order to transact insurance in this state, the Florida Insurance Code (“Code”) states that a certificate of
authority is required.84 To qualify for and hold authority to transact insurance in this state, an insurer must
be in compliance with the Code and its charter powers, and must be an incorporated stock insurer, an
incorporated mutual insurer, or a reciprocal insurer.
The distinction between stock and mutual insurers is governed by part I, ch. 628, F.S.
Stock insurers are defined as “incorporated insurers with its capital divided into shares and owned by its
stockholders,” and pay dividends to their stockholders, subject to specified surplus minimums and the
OIR’s approval.85
Mutual insurers, on the other hand, are “incorporated insurers without permanent capital stock, the
governing body of which is elected in accordance with this part,” and pay dividends to their policyholders,
who are members of the insurer.86
In other words, stock insurers are investor-owned, while mutual insurers are owned by their policyholders. Mutual
insurers may apply to demutualize to become a stock insurer, and stock insurers may apply to convert to a mutual
insurer, subject to the OIR’s approval.
Dividends to Stockholders
Florida law permits domestic stock insurers to distribute dividends87 to stockholders under certain conditions.
Dividends may only be paid out of available and accumulated surplus funds that are derived from realized net
operating profits and realized capital gains.88
Without prior approval from OIR, a domestic stock insurer may pay dividends within specific thresholds, such as a
percentage of surplus or recent net income. These thresholds include, for example, the lesser of 10 percent of
surplus or net gain from operations for life and health insurers, or net income for property and casualty insurers.89
Certain carryforward provisions may also apply depending on the type of insurer.
80 s. 629.111, F.S.
81 S. 624.424(13), F.S.
82 s. 626.854, F.S., Public adjusters are regulated under ch. 626, part VI, F.S.
83 Id.
84 S. 624.401, F.S. The Florida Insurance Code consists of chs. 624, 632, 634, 635, 636, 641, 642, 648, and 651, F.S
85 Ss. 628.021and 628.371, F.S.
86 Ss. 628.431 and 628.441, F.S.
87 A dividend is a distribution of a portion of an insurer’s accumulated profits or surplus to its shareholders. In the case of a domestic stock
insurer, dividends are typically paid in cash and represent a return on the shareholders’ investment. Dividends must comply with statutory
limitations to ensure that the insurer maintains sufficient surplus to meet its obligations to policyholders and maintain financial stability.
88 s. 628.371(1), F.S.
89 s. 628.371(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
Alternatively, insurers may pay a dividend without prior approval if the dividend meets specific criteria, such as
not exceeding the greater of 10 percent of surplus or the entire net operating profits and realized capital gains
from the preceding calendar year. After the dividend is paid, the insurer must retain surplus of at least 115 percent
of the minimum required statutory surplus, and it must file notice with OIR at least 10 business days before
payment.90
The OIR may disapprove any dividend or distribution that exceeds the statutory limits if it determines that the
payment would jeopardize the financial condition of the insurer, considering factors such as asset quality, liquidity,
premium-to-surplus ratios, and investment income. 91
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IOrig. Comm.: Insurance & Banking Hamon Herrera
Subcommittee
90 s. 628.371(3)(b), F.S.
91 s. 628.371(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
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
PCS for HB 881 2025
1 A bill to be entitled
2 An act relating to insurance; amending s. 624.155,
3 F.S.; defining the term "sufficient evidence";
4 providing procedures and timelines for objecting, and
5 responding to the objections, to the sufficiency of
6 evidence submitted by claimants to insurers; creating
7 s. 624.341, F.S.; providing legislative findings and
8 intent; requiring the Department of Law Enforcement to
9 accept certain fingerprints; specifying procedures for
10 fingerprinting; authorizing the department to exchange
11 certain records with the Office of Insurance
12 Regulation; specifying that fingerprints must be
13 submitted in accordance with certain rules;
14 authorizing that the fingerprints be submitted through
15 a third-party vendor authorized by the department;
16 requiring the department to conduct certain background
17 checks; requiring that certain fingerprints be
18 submitted and entered into a specified system;
19 requiring the office to inform the department of any
20 person whose fingerprints no longer must be retained;
21 specifying who bears the costs of fingerprint
22 processing; specifying that certain criminal records
23 must be used by the office for certain purposes;
24 creating s. 624.347, F.S.; providing definitions;
25 providing applicability; establishing standards for
Page 1 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
26 compensation arrangements and oversight of affiliate
27 transactions involving insurers, managing general
28 agents, and attorneys in fact; providing penalties;
29 requiring the office to adopt rules; amending s.
30 624.424, F.S.; specifying requirements for affiliate
31 compensation arrangements; removing requirements that
32 the office consider a specified factor in determining
33 whether certain affiliate considerations and payments
34 by an insurer are fair and reasonable; amending s.
35 626.854, F.S.; requiring public adjusters, public
36 adjuster apprentices, and public adjusting firms to
37 respond to requests for claims' statuses within a
38 specified timeframe; creating s. 627.4823, F.S.;
39 providing definitions; providing reporting
40 requirements relating to universal life insurance
41 policies; providing applicability; amending s.
42 628.371, F.S.; defining the term "affiliated entity";
43 applying provisions on prohibitions against,
44 limitations on, and authority of insurers relating to
45 dividend payments and distributions to stockholders to
46 affiliated entities; providing requirements for
47 certain approvals of dividends, distributions, and
48 other financial arrangements; creating s. 628.372,
49 F.S.; providing authority of the office over affiliate
50 dividends; providing penalties; requiring the office
Page 2 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
51 to adopt rules; amending s. 629.011, F.S.; revising
52 and providing definitions; amending s. 629.071, F.S.;
53 authorizing assessable and nonassessable reciprocal
54 insurers, rather than domestic reciprocal insurers, to
55 transact insurance if they maintain specified amounts
56 of surplus funds; creating s. 629.082, F.S.; providing
57 that attorneys in fact of reciprocal insurers are
58 affiliated entities for certain purposes; amending s.
59 629.121, F.S.; providing that certain bonds filed with
60 the office as security are filed by attorneys in fact,
61 rather than attorneys, of domestic reciprocal
62 insurers; increasing the bond amount; amending s.
63 629.181, F.S; replacing surplus deposits of
64 subscribers with subscriber contributions; providing
65 limits on subscriber contributions; creating s.
66 629.162, F.S.; authorizing reciprocal insurers to
67 require subscriber contributions; providing disclosure
68 and reporting requirements for subscriber
69 contributions; creating s. 629.163, F.S.; authorizing
70 reciprocal insurers to establish subscriber savings
71 accounts; providing construction; providing
72 requirements for subscriber savings accounts; creating
73 s. 629.164, F.S.; authorizing reciprocal insurers to
74 make distributions to subscribers from subscriber
75 savings accounts; granting to subscribers' advisory
Page 3 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
76 committees sole authority to authorize distributions,
77 subject to prior written approval by the office;
78 providing requirements for reciprocal insurers that
79 prohibit subscribers from receiving distributions for
80 a specified period of time; providing construction;
81 authorizing reciprocal insurers to return to
82 subscribers unused premiums, savings, and credits
83 accruing to their accounts; authorizing domestic
84 reciprocal insurers to pay to their subscribers
85 portions of unassigned funds; providing distribution
86 limits; prohibiting distribution discrimination;
87 providing requirements for distributions and other
88 financial arrangements; amending s. 629.171, F.S.;
89 revising requirements for filing with the office
90 annual statements by reciprocal insurers; providing
91 requirements for filing annual statements of the
92 accounts and records of attorneys in fact; amending s.
93 629.201, F.S.; requiring that each domestic reciprocal
94 insurer have a subscribers' advisory committee;
95 requiring that such committee be formed in compliance
96 with specified laws; requiring that rules and
97 amendments adopted by subscribers have prior approval
98 of the office; revising subscribers' advisory
99 committees' duties and membership; providing for
100 election and terms; requiring that attorneys in fact
Page 4 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
101 provide a communication platform to subscribers under
102 certain circumstances; repealing s. 629.271, F.S.,
103 relating to distribution of savings; amending s.
104 629.291, F.S.; providing that forms filed with the
105 office for plans to merge a reciprocal insurer with
106 another reciprocal insurer or to convert a reciprocal
107 insurer to a stock or mutual insurer are adopted by
108 the Financial Services Commission rather than the
109 office; amending s. 629.301, F.S.; specifying the
110 manner in which impaired reciprocal insurers are
111 proceeded against if they cannot make up deficiencies
112 in assets; specifying the manner in which assessments
113 are levied upon subscribers if reciprocal insurers are
114 liquidated; providing that assessments are subject to
115 specified limits; repealing ss. 629.401 and 629.520,
116 F.S., relating to insurance exchange and the authority
117 of a limited reciprocal insurer, respectively;
118 creating s. 629.56, F.S.; requiring reciprocal
119 insurers to maintain unearned premium reserves at all
120 times; amending s. 624.45, F.S.; conforming a
121 provision to changes made by the act; providing
122 applicability timelines; providing effective dates.
123
124 Be It Enacted by the Legislature of the State of Florida:
125
Page 5 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
126 Section 1. Paragraph (a) of subsection (4) of section
127 624.155, Florida Statutes, is amended to read:
128 624.155 Civil remedy.—
129 (4)(a)1. An action for bad faith involving a liability
130 insurance claim, including any such action brought under the
131 common law, may shall not lie if the insurer tenders the lesser
132 of the policy limits or the amount demanded by the claimant
133 within 90 days after receiving actual notice of a claim which is
134 accompanied by sufficient evidence to support the amount of the
135 claim.
136 2. For purposes of this paragraph, the term "sufficient
137 evidence" means written or photographic evidence submitted to
138 the insurer which indicates that the claimant has suffered
139 personal injury or property damage. Evidence that may satisfy
140 this requirement includes, but is not limited to:
141 a. Accident reports.
142 b. Photographs of an accident scene, physical injuries, or
143 property damage.
144 c. Medical bills.
145 d. Repair bills.
146 e. Other receipts or copies of payments rendered.
147 3. If an insurer does not believe that the submitted
148 evidence is sufficient evidence, the insurer must provide a
149 written notice of objection within 10 business days after
150 receipt of the submitted evidence; otherwise, any objection to
Page 6 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
151 the sufficiency of the evidence for purposes of this paragraph
152 is waived. The submitting party has an additional 10 business
153 days after receipt of a written notice of objection to provide
154 clarification or submit further evidence.
155 Section 2. Section 624.341, Florida Statutes, is created
156 to read:
157 624.341 Authority of Department of Law Enforcement to
158 accept fingerprints of, and exchange criminal history records
159 with respect to, certain persons applying to the Office of
160 Insurance Regulation.—
161 (1) The Legislature finds that criminal activity of
162 insurers poses a particular danger to the residents of this
163 state. Floridians rely, in good faith, on the honest conduct of
164 those who issue and manage insurance policies and other
165 insurance instruments in this state. To safeguard this state's
166 residents, the Legislature finds it necessary to ensure that
167 organizers, incorporators, subscribers, officers, employees,
168 contractors, affiliates, stockholders, directors, owners,
169 members, managers, or volunteers of, or any other persons who
170 exercise or have the ability to exercise effective control of,
171 or who influence or have the ability to influence the
172 transaction of the business of, or any other persons involved,
173 directly or indirectly, in the organization, operation, or
174 management of any insurer that is authorized to sell insurance
175 do not have a criminal background.
Page 7 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
176 (2) The Department of Law Enforcement shall accept and
177 process fingerprints of organizers, incorporators, subscribers,
178 officers, employees, contractors, affiliates, stockholders,
179 directors, owners, members, managers, or volunteers involved,
180 directly or indirectly, in the organization, operation, or
181 management of:
182 (a) Any insurer or proposed insurer transacting or
183 proposing to transact insurance in this state.
184 (b) Any other entity that is examined or investigated or
185 that is eligible to be examined or investigated under the
186 Florida Insurance Code.
187 (c) Any other person or entity subject to licensure under
188 the Florida Insurance Code.
189 (3) A full set of fingerprints of persons described in
190 subsection (2) must be submitted to the office or to a vendor,
191 an entity, or an agency authorized by s. 943.053(13). The
192 office, vendor, entity, or agency shall forward the fingerprints
193 to the Department of Law Enforcement for state processing, and
194 the Department of Law Enforcement shall forward the fingerprints
195 to the Federal Bureau of Investigation for national processing
196 as described in s. 624.34. Fees for state and federal
197 fingerprint processing must be borne by the person submitting
198 the fingerprints. The state cost for fingerprint processing is
199 as provided in s. 943.053(3)(e).
200 (4) The Department of Law Enforcement may, to the extent
Page 8 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
201 provided by federal law, exchange state, multistate, and federal
202 criminal history records with the office for the purpose of
203 issuance, denial, suspension, or revocation of a certificate of
204 authority, certification, or license to operate in this state.
205 (5) Fingerprints for each person described in subsection
206 (2) must be submitted in accordance with rules adopted by the
207 commission.
208 (a) Fingerprints may be submitted through a third-party
209 vendor authorized by the Department of Law Enforcement.
210 (b) The Department of Law Enforcement shall conduct the
211 state criminal history background check, and a federal criminal
212 history background check shall be conducted through the Federal
213 Bureau of Investigation.
214 (c) All fingerprints submitted to the Department of Law
215 Enforcement must be submitted and entered into the statewide
216 automated biometric identification system established in s.
217 943.05(2)(b) and available for use in accordance with s.
218 943.05(2)(g) and (h). The office shall inform the Department of
219 Law Enforcement of any person whose fingerprints are no longer
220 required to be retained.
221 (d) The costs of fingerprint processing, including the
222 costs of retaining the fingerprints, must be borne by the person
223 subject to the background checks.
224 (e) The office shall review the results of the state and
225 federal criminal history background checks and determine whether
Page 9 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
226 the applicant meets the requirements for the certificate of
227 authority, certification, or license to operate in this state.
228 (6) Statewide criminal records obtained through the
229 Department of Law Enforcement, federal criminal records obtained
230 through the Federal Bureau of Investigation, and local criminal
231 records obtained through local law enforcement agencies must be
232 used by the office for the purpose of issuance, denial,
233 suspension, or revocation of certificates of authority,
234 certifications, or licenses to operate in this state.
235 Section 3. Section 624.347, Florida Statutes, is created
236 to read:
237 624.347 Affiliate transactions; managing general agents;
238 attorneys in fact; oversight.—
239 (1) DEFINITIONS.—As used in this section, the term:
240 (a) "Affiliated entity" means any affiliate. The term
241 includes a managing general agent, attorney in fact, and
242 reciprocal insurer when acting in a capacity that involves
243 compensation or contractual arrangements with the insurer.
244 (b) "Attorney in fact" has the same meaning as in s.
245 629.011.
246 (c) "Managing general agent" has the same meaning as in s.
247 626.015.
248 (d) "Reciprocal insurer" has the same meaning as in s.
249 629.011.
250 (2) APPLICABILITY.—This section applies to any insurer
Page 10 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
251 that contracts with or makes payments to an affiliated entity.
252 (3) COMPENSATION ARRANGEMENTS WITH AFFILIATED ENTITIES.—
253 (a) Each insurer doing business in this state which pays,
254 directly or indirectly, a fee, commission, or other financial
255 consideration or payment to any affiliated entity must provide
256 to the office documentation demonstrating that such fee,
257 commission, or other financial consideration or payment is fair
258 and reasonable for each service being provided. In determining
259 whether the fee, commission, or other financial consideration or
260 payment is fair and reasonable, the office must consider all of
261 the following:
262 1. The actual cost of each service provided by the
263 affiliated entity.
264 2. The relative financial condition of the insurer and the
265 affiliated entity.
266 3. The level of debt and how that debt is serviced.
267 4. The amount and purpose of any dividends or other
268 payments exchanged between the insurer and any affiliated
269 entity, including payments made to or received from the
270 affiliated entity, and any payments between affiliated entities.
271 5. Whether the terms of the written contract benefit the
272 insurer and are in the best interest of the insurer.
273 6. Any other information as the office reasonably requires
274 in making the determination.
275 (b) For each agreement with an affiliated entity in force
Page 11 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
276 on July 1, 2025, each insurer shall provide to the office no
277 later than October 1, 2025, the cost incurred by the affiliated
278 entity to provide each service, the dollar amount charged to the
279 insurer for each service, and the dollar amount of fees
280 forgiven, waived, or reimbursed by the affiliated entity for the
281 2 most recent preceding years. If the total dollar amount
282 charged to the insurer was greater than the total cost to
283 provide services for either year, the insurer must explain how
284 it determined the fee was fair and reasonable. For any proposed
285 contract with an affiliated entity effective after July 1, 2025,
286 the insurer must provide documentation to support that the fee,
287 commission, or other financial consideration or payment to the
288 affiliated entity is fair and reasonable.
289 (c)1. All compensation arrangements between an insurer and
290 any affiliated entity entered into on or after July 1, 2026,
291 must be structured as fee for service. As used in this
292 subparagraph, the term "fee for service" means fixed amounts or
293 hourly rates for itemized services.
294 2. Compensation may not be based on:
295 a. Commission;
296 b. Premium volume;
297 c. Underwriting profit; or
298 d. Financial results of the insurer.
299 (d) This subsection does not prohibit an insurer from
300 paying a dividend or other financial arrangement to an
Page 12 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
301 affiliated entity if such dividend or financial arrangement is
302 separately reviewed and approved by the office pursuant to this
303 section, s. 628.372, or any other applicable law.
304 (e) An agreement between an insurer and an affiliated
305 entity must include a termination clause and may not exceed a
306 term of 3 years. Any extension of such an agreement must be
307 approved by the office before becoming effective. An agreement
308 between an insurer and an affiliated entity may include
309 provisions for extension, but may not remain in effect for
310 longer than 3 years without a review pursuant to paragraph (a)
311 and approval by the office. If the agreement provides for
312 extension, the agreement must clearly state that the extension
313 is subject to approval by the office at least every 3 years.
314 (4) EMERGENCY RESTRICTIONS.—
315 (a) During a declared emergency, the office may issue
316 orders restricting fund transfers from an insurer to an
317 affiliated entity without prior approval.
318 (b) Orders under paragraph (a) may apply to all or
319 specified insurers and may not exceed 90 days unless extended by
320 the office.
321 (5) ADDITIONAL OVERSIGHT.—
322 (a) Any dividend paid by an insurer to an affiliated
323 entity must be reviewed and approved by the office, regardless
324 of whether the affiliated entity is the insurer's parent,
325 subsidiary, or otherwise related entity.
Page 13 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
326 (b) The office may recover improper affiliated entity
327 payment transfers, including, but not limited to, both of the
328 following:
329 1. Transfers that violate the approved compensation,
330 approved dividend, or any other approved financial arrangement.
331 2. Transfers made while the insurer was undercapitalized.
332 (c) An insurer must provide notice to the office at least
333 30 days before any pledge of capital or assets to any affiliated
334 entity for a loan or financial obligation. Such notice must
335 include a description of the collateral, the nature of the
336 obligation, and the parties involved. The office may reject and
337 prohibit the pledge if such financial arrangement is not in the
338 best interest of the insurer.
339 (6) ENFORCEMENT.—
340 (a) The office may impose penalties for violations of this
341 section.
342 (b) The office shall adopt rules to implement this
343 section.
344 Section 4. Subsection (13) of section 624.424, Florida
345 Statutes, is amended to read:
346 624.424 Annual statement and other information.—
347 (13) Each insurer doing business in this state which pays
348 a fee, commission, or other financial consideration or payment
349 to any affiliate directly or indirectly is required upon request
350 to provide to the office any information the office deems
Page 14 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
351 necessary. The fee, commission, or other financial consideration
352 or payment to any affiliate must be fair and reasonable.
353 Affiliate compensation arrangements must comply with s. 624.347
354 and with the requirements of this subsection In determining
355 whether the fee, commission, or other financial consideration or
356 payment is fair and reasonable, the office shall consider, among
357 other things, the actual cost of the service being provided.
358 Section 5. Subsection (24) is added to section 626.854,
359 Florida Statutes, to read:
360 626.854 "Public adjuster" defined; prohibitions.—The
361 Legislature finds that it is necessary for the protection of the
362 public to regulate public insurance adjusters and to prevent the
363 unauthorized practice of law.
364 (24) A public adjuster, public adjuster apprentice, or
365 public adjusting firm shall respond with specific information to
366 a written or electronic request for a claim's status from an
367 insured or claimant or his or her designated representative
368 within 14 days after receipt of the request and shall document
369 the file accordingly.
370 Section 6. Section 627.4823, Florida Statutes, is created
371 to read:
372 627.4823 Universal life insurance policies.—
373 (1) As used in this section, the term:
374 (a) "Cash surrender value" means the net cash surrender
375 value, plus any outstanding amounts as policy loans.
Page 15 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
376 (b) "Fixed-premium universal life insurance policy" means
377 a universal life insurance policy other than a flexible-premium
378 universal life insurance policy.
379 (c) "Flexible-premium universal life insurance policy"
380 means a universal life insurance policy that allows the
381 policyowner to vary, independently of each other, the amount of
382 timing of one or more premium payments or the amount of
383 insurance.
384 (d) "Net cash surrender value" means the maximum amount
385 payable to the policyowner upon surrender.
386 (e) "Policy value" means the value of any individual life
387 insurance policy, rider, group master policy, or individual
388 certificate, under the provisions of which separately identified
389 interest credits, other than in connection with dividend
390 accumulations, premium deposit funds, or other supplementary
391 accounts, and mortality and expense charges are made to the
392 policy. A universal life insurance policy may provide for other
393 credits and charges, such as charges for the cost of benefits
394 provided by a rider.
395 (f) "Universal life insurance policy" means any individual
396 life insurance policy, rider, group master policy, or individual
397 certificate, under the provisions of which separately identified
398 interest credits and mortality and expense charges are made to
399 the policy. The policy, rider, or certificate does not apply to
400 policies, riders, group master policies, or individual
Page 16 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
401 certificates in connection with dividend accumulations, premium
402 deposit funds, or other supplementary accounts. A universal life
403 insurance policy may provide for other credits and charges, such
404 as charges for the cost of benefits provided by a rider.
405 (2)(a) A universal life insurance policy issued in this
406 state must provide that the policyowner will be sent without
407 charge, at least annually, a report that will serve to keep the
408 policyowner advised of the status of the policy. The end date of
409 the current reporting period may not be more than 3 months
410 before the date of the mailing of the report.
411 (b) The report must include all of the following:
412 1. The beginning and end dates of the current reporting
413 period.
414 2. The policy value at the end of the previous reporting
415 period and at the end of the current reporting period.
416 3. The total amounts, identified by each type, which have
417 been credited or debited to the policy value during the current
418 reporting period.
419 4. The current death benefit at the end of the current
420 reporting period on each life covered by the policy.
421 5. The net cash surrender value of the policy as of the
422 end of the current reporting period.
423 6. The amount of outstanding loans, if any, as of the end
424 of the current reporting period.
425 7. For a fixed-premium universal life insurance policy,
Page 17 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
426 if, assuming the guaranteed interest, mortality and expense
427 loads, and continued scheduled premium payment, the policy's net
428 cash surrender value is such that it would not maintain
429 insurance in force until the end of the next reporting period, a
430 notice to this effect in the report.
431 8. For a flexible-premium universal life insurance policy,
432 if, assuming the guaranteed interest and the mortality and
433 expense loads, the policy's net cash surrender value will not
434 maintain insurance in force until the end of the next reporting
435 period unless further premium payments are made, a notice to
436 this effect in the report.
437 9. For a fixed-premium or flexible-premium universal life
438 insurance policy, if, assuming the guaranteed interest and the
439 mortality and expense loads, the policy's net cash surrender
440 value will not maintain insurance in force until the maturity of
441 the contract, the projected date on which policy values will be
442 insufficient to continue coverage in force.
443 (3) This section applies to all universal life insurance
444 policies except variable contracts as defined in s. 627.8015.
445 Section 7. Section 628.371, Florida Statutes, is amended
446 to read:
447 628.371 Dividends to stockholders.—
448 (1) As used in this section, the term "affiliated entity"
449 has the same meaning as in s. 624.347(1).
450 (2)(1) A domestic stock insurer or an affiliated entity
Page 18 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
451 shall not pay any dividend or distribute cash or other property
452 to stockholders except out of that part of its available and
453 accumulated surplus funds which is derived from realized net
454 operating profits on its business and net realized capital
455 gains.
456 (3)(2) Dividend payments or distributions to stockholders,
457 without prior written approval of the office, shall not exceed
458 the larger of:
459 (a) The lesser of 10 percent of surplus or net gain from
460 operations (life and health companies) or net income (property
461 and casualty companies), not including realized capital gains,
462 plus a 2-year carryforward for property and casualty companies;
463 (b) Ten percent of surplus, with dividends payable
464 constrained to unassigned funds minus 25 percent of unrealized
465 capital gains;
466 (c) The lesser of 10 percent of surplus or net investment
467 income (net gain before capital gains for life and health
468 companies) plus a 3-year carryforward (2-year carryforward for
469 life and health companies) with dividends payable constrained to
470 unassigned funds minus 25 percent of unrealized capital gains.
471 (4)(3) In lieu of the provisions in subsection (3) (2), an
472 insurer or an affiliated entity may pay a dividend or make a
473 distribution without the prior written approval of the office
474 when:
475 (a) The dividend is equal to or less than the greater of:
Page 19 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
476 1. Ten percent of the insurer's or the affiliated entity's
477 surplus as to policyholders derived from realized net operating
478 profits on its business and net realized capital gains; or
479 2. The insurer's or the affiliated entity's entire net
480 operating profits and realized net capital gains derived during
481 the immediately preceding calendar year; and
482 (b) The insurer or the affiliated entity will have surplus
483 as to policyholders equal to or exceeding 115 percent of the
484 minimum required statutory surplus as to policyholders after the
485 dividend or distribution is made; and
486 (c) The insurer or the affiliated entity has filed notice
487 with the office at least 10 business days before prior to the
488 dividend payment or distribution, or such shorter period of time
489 as approved by the office on a case-by-case basis. Such notice
490 shall not create a right in the office to approve or disapprove
491 a dividend otherwise properly payable hereunder; and
492 (d) The notice includes a certification by an officer of
493 the insurer or the affiliated entity attesting that after
494 payment of the dividend or distribution the insurer or the
495 affiliated entity will have at least 115 percent of required
496 statutory surplus as to policyholders.
497 (5)(4) The office shall not approve a dividend or
498 distribution in excess of the maximum amount allowed in
499 subsection (2) (1) unless, considering the following factors, it
500 determines that the distribution or dividend would not
Page 20 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
501 jeopardize the financial condition of the insurer or the
502 affiliated entity:
503 (a) The liquidity, quality, and diversification of the
504 insurer's assets and the effect on its ability to meet its
505 obligations.
506 (b) Reduction of investment portfolio and investment
507 income.
508 (c) Effects on the written premium to surplus ratios as
509 required by the Florida Insurance Code.
510 (d) Industrywide financial conditions.
511 (e) Prior dividend distributions of the insurer or the
512 affiliated entity.
513 (f) Whether the dividend is only a "pass-through" dividend
514 from a subsidiary of the insurer or the affiliated entity.
515 (6)(5) A dividend or distribution by a not-for-profit
516 insurance company subsidiary to its mutual insurance holding
517 company, directly or indirectly through one or more intermediate
518 holding companies, pursuant to part III of this chapter, which
519 meets the requirements of this section and which applies to a
520 stock insurer, is permitted under this section.
521 (7) Approval of a dividend, distribution, or other
522 financial arrangement under this section must comply with the
523 requirements of s. 624.347.
524 Section 8. Section 628.372, Florida Statutes, is created
525 to read:
Page 21 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
526 628.372 Authority over affiliate dividends.—
527 (1) The office has oversight and regulatory authority over
528 the issuance of dividends or other financial arrangements paid
529 to an affiliate.
530 (2) There may be no declaration or distribution of such
531 dividends or other financial arrangements without prior approval
532 of the office.
533 (3) Dividends and other financial arrangements must comply
534 with the requirements of s. 624.347.
535 (4) Any unauthorized dividend, distribution, or other
536 financial arrangement may result in penalties determined by the
537 office.
538 (5) The office must adopt rules to implement this section.
539 Section 9. Subsection (5) of section 629.011, Florida
540 Statutes, is amended, and subsections (6), (7), and (8) are
541 added to that section, to read:
542 629.011 Definitions.—As used in this part, the term:
543 (4) "Distribution" means any transfer of money from the
544 reciprocal insurer to subscribers other than for the payment of
545 a claim, settlement of a legal dispute, or return of principle.
546 (6)(5) "Reciprocal insurer" means an unincorporated
547 aggregation of subscribers operating individually and
548 collectively through an attorney in fact to provide reciprocal
549 insurance among themselves.
550 (a) An assessable reciprocal insurer is a reciprocal
Page 22 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
551 insurer that is able to levy an assessment on its subscribers to
552 make up any shortfall in capital and surplus to cover claims and
553 expenses as specified in s. 629.231.
554 (b) A nonassessable reciprocal insurer is a reciprocal
555 insurer authorized under s. 629.091(3) or s. 629.291(5) to issue
556 policies where there is no recourse against subscribers for any
557 shortfall in capital and surplus to cover claims and expenses.
558 (7) "Subscriber contribution" means any transfer of money
559 by a subscriber of a reciprocal insurer to the reciprocal
560 insurer in excess of the premium approved by the office, when
561 such money is counted as surplus for the reciprocal insurer or
562 used to pay surplus notes.
563 (8) "Subscriber savings account" means any account in
564 which a reciprocal insurer assigns money for the benefit of an
565 individual subscriber, other than accounts holding money for the
566 payment of a specific claim by or settlement of a specific legal
567 dispute with that individual subscriber.
568 (9) "Subscribers' advisory committee" means the committee
569 of a domestic reciprocal insurer which is formed in compliance
570 with s. 629.201 and represents the interests of the subscribers.
571 Section 10. Section 629.071, Florida Statutes, is amended
572 to read:
573 629.071 Surplus funds required.—
574 (1) An assessable A domestic reciprocal insurer hereunder
575 formed, if it has otherwise complied with the applicable
Page 23 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
576 provisions of this code, may be authorized to transact insurance
577 if it has and thereafter maintains surplus funds of not less
578 than $3 million $250,000.
579 (2) A nonassessable reciprocal insurer, if it has
580 otherwise complied with the applicable provisions of this code,
581 may be authorized to transact insurance if it has and thereafter
582 maintains a surplus as to policyholders which is equal to that
583 required under s. 624.408 for a domestic stock insurer
584 authorized to transact like kinds of insurance In addition to
585 the surplus required to be maintained under subsection (1), the
586 insurer shall have, when first so authorized, an expendable
587 surplus of not less than $750,000.
588 Section 11. Section 629.082, Florida Statutes, is created
589 to read:
590 629.082 Reciprocal affiliates.—The attorney in fact of a
591 reciprocal insurer is an affiliated entity of the reciprocal
592 insurer for purposes of ss. 624.10 and 624.347.
593 Section 12. Section 629.121, Florida Statutes, is amended
594 to read:
595 629.121 Attorney in fact Attorney's bond.—
596 (1) Concurrently with the filing of the declaration
597 provided for in s. 629.081, the attorney in fact of a domestic
598 reciprocal insurer shall file with the office a bond in favor of
599 this state for the benefit of all persons damaged as a result of
600 breach by the attorney in fact of the conditions of his or her
Page 24 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
601 bond as set forth in subsection (2). The bond shall be executed
602 by the attorney in fact and by an authorized corporate surety
603 and shall be subject to the approval of the office.
604 (2) The bond shall be in the sum of $300,000 $100,000,
605 aggregate in form, the bond conditioned that the attorney in
606 fact will faithfully account for all moneys and other property
607 of the insurer coming into his or her hands, and that he or she
608 will not withdraw or appropriate to his or her own use from the
609 funds of the insurer any moneys or property to which he or she
610 is not entitled under the power of attorney.
611 (3) The bond shall provide that it is not subject to
612 cancellation unless 30 days' advance notice in writing of
613 cancellation is given to both the attorney in fact and the
614 office.
615 Section 13. Section 629.162, Florida Statutes, is created
616 to read:
617 629.162 Subscriber contributions.—
618 (1) Reciprocal insurers may, subject to prior approval by
619 the office, require contributions from subscribers in addition
620 to premiums approved by the office.
621 (2) A reciprocal insurer shall clearly disclose required
622 subscriber contributions on the declarations page of any policy
623 issued by the reciprocal insurer, separate from any cost
624 associated with the premium.
625 (3) Reciprocal insurers must provide subscribers an annual
Page 25 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
626 report detailing how each dollar of subscriber contributions was
627 allocated or spent.
628 Section 14. Section 629.163, Florida Statutes, is created
629 to read:
630 629.163 Subscriber savings accounts.—
631 (1) Reciprocal insurers may establish subscriber savings
632 accounts.
633 (2) Moneys assigned to subscriber savings accounts are not
634 considered distributions under s. 629.164.
635 (3) Subscriber savings accounts are subject to the
636 following requirements:
637 (a) Reciprocal insurers must inform each subscriber, in
638 writing, of the limitations and restrictions imposed upon the
639 use or possession of moneys assigned to subscriber savings
640 accounts.
641 (b) Reciprocal insurers must inform each subscriber, in
642 writing, of the procedures used to assign moneys to subscriber
643 savings accounts and any calculations used to determine the
644 amount of moneys to be assigned to subscriber savings accounts.
645 (c) Advertisements marketing the benefits of subscriber
646 savings accounts must note the limitations and restrictions
647 imposed upon the use or possession of moneys assigned to
648 subscriber savings accounts.
649 (d) Upon cancellation or nonrenewal of a subscriber's
650 policy or policies, the subscriber is entitled, within 60 days,
Page 26 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
651 to all moneys assigned to the subscriber's savings account,
652 except when such moneys are otherwise allocated by law or
653 contract, or when such assignment is prohibited by order of the
654 office.
655 Section 15. Section 629.164, Florida Statutes, is created
656 to read:
657 629.164 Subscriber distributions.—
658 (1) Reciprocal insurers may make distributions to
659 subscribers from their subscriber savings accounts.
660 (2) The subscribers' advisory committee has the sole
661 authority to authorize distributions, subject to prior written
662 approval by the office.
663 (3) Any reciprocal insurer that otherwise authorizes
664 distributions but prohibits subscribers from receiving
665 distributions for a specified period of time, including after
666 initial subscription, must renew the subscriber's policy for
667 that period of time plus 1 additional policy year. This
668 subsection does not prohibit the cancellation or nonrenewal of a
669 policy pursuant to s. 624.4133 or by order of the office.
670 (4) A reciprocal insurer may return to its subscribers any
671 unused premiums, savings, or credits accruing to their accounts.
672 Such distribution may not unfairly discriminate between classes
673 of risks or policies, or between subscribers, but may vary as to
674 classes of subscribers based on the experience of the classes.
675 (5) In addition to the option provided in subsection (4),
Page 27 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
676 a domestic reciprocal insurer may, upon the prior written
677 approval of the office, pay to its subscribers a portion of
678 unassigned funds of up to 10 percent of surplus, with
679 distribution limited to 50 percent of net income from the
680 previous calendar year. Such distribution may not unfairly
681 discriminate between classes of risks or policies, or between
682 subscribers, but may vary as to classes of subscribers based on
683 the experience of the classes.
684 (6) Distributions and other financial arrangements must
685 comply with the requirements of s. 624.347.
686 Section 16. Section 629.171, Florida Statutes, is amended
687 to read:
688 629.171 Annual statement.—
689 (1) The subscribers' advisory committee shall procure an
690 audited annual statement of the accounts and records of the
691 insurer and the attorney in fact. The statement of the insurer
692 must be prepared by an independent auditor at the expense of the
693 reciprocal insurer and must be available for inspection by any
694 subscriber. The statement of the attorney in fact must be
695 prepared by an independent auditor at the expense of the
696 attorney in fact.
697 (2)(1) The annual statement filing of a reciprocal insurer
698 must shall be submitted made and filed by its attorney in fact.
699 (3)(2) The audited statement of the attorney in fact must
700 shall be submitted with the annual statement filing of the
Page 28 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
701 reciprocal insurer, as required under s. 624.424, and
702 supplemented by such information as may be required by the
703 office relative to the affairs and transactions of the attorney
704 in fact relating insofar as they relate to the reciprocal
705 insurer.
706 Section 17. Section 629.201, Florida Statutes, is amended
707 to read:
708 629.201 Subscribers' advisory committee.—Each domestic
709 reciprocal insurer must have a subscribers' advisory committee
710 representing the interests of the subscribers.
711 (1) The subscribers' advisory committee of a domestic
712 reciprocal insurer exercising the subscribers' rights must shall
713 be formed in compliance with this section and selected under
714 such rules as the subscribers adopt. Such rules, along with any
715 amendments, must be approved by the office before becoming
716 effective.
717 (2) Not less than two-thirds of such committee shall be
718 subscribers other than the attorney, or any person employed by,
719 representing, or having a financial interest in the attorney.
720 (2)(3) The subscribers' advisory committee shall perform
721 all of the following duties:
722 (a) Supervise the finances of the insurer.;
723 (b) Supervise the insurer's operations to such extent as
724 to ensure assure conformity with the subscribers' agreement, and
725 power of attorney, and other governing documents.;
Page 29 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
726 (c) Hire independent auditors, counsel, and other experts
727 at the expense of the insurer as necessary to fulfill the
728 committee's duties. Procure the audit of the accounts and
729 records of the insurer and of the attorney at the expense of the
730 insurer; and
731 (d) Exercise any Have such additional powers and functions
732 as may be conferred by the subscribers' agreement.
733 (3) The initial subscribers' advisory committee must be
734 appointed by the original subscribers or the attorney in fact.
735 Within 6 months after the reciprocal insurer is authorized to
736 transact insurance, at least two-thirds of the committee members
737 must be elected as provided for in subsections (4) and (5).
738 (4) The subscribers' advisory committee must consist of
739 subscribers of the domestic reciprocal insurer. At least two-
740 thirds of the subscribers' advisory committee must be composed
741 of subscribers who are independent of, not employed by, not
742 representing, not selected by, and without any financial
743 interest in the attorney in fact. The independent subscribers
744 must be elected by the subscribers of the domestic reciprocal
745 insurer.
746 (5) Any rules governing the election of subscribers to the
747 subscribers' advisory committee must require all of the
748 following:
749 (a) An electorate composed exclusively of all subscribers
750 of the reciprocal insurer.
Page 30 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
751 (b) Terms of not more than 5 years.
752 (c) A process that allows subscribers to nominate other
753 subscribers for election to the subscribers' advisory committee.
754 (6) If a reciprocal insurer has more than 50 subscribers,
755 the attorney in fact must provide a platform by which
756 subscribers can communicate with each other regarding the
757 subscribers' advisory committee election process.
758 Section 18. Subsection (1) of section 629.181, Florida
759 Statutes, is amended to read:
760 629.181 Financial condition; method of determining.—In
761 determining the financial condition of a reciprocal insurer, the
762 office shall apply the following rules:
763 (1) Subscriber contributions are The surplus deposits of
764 subscribers shall be allowed as assets, except that any premium
765 deposits delinquent for 90 days must shall first be charged
766 against such subscriber contributions. Subscriber contributions
767 may not exceed 2 percent of each individual subscribers' policy
768 premium for a nonassessable reciprocal insurer and 10 percent of
769 each individual subscribers' policy premium for an assessable
770 reciprocal insurer surplus deposit.
771 Section 19. Section 629.271, Florida Statutes, is
772 repealed.
773 Section 20. Effective upon this act becoming a law,
774 subsections (1) and (2) of section 629.291, Florida Statutes,
775 are amended to read:
Page 31 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
776 629.291 Merger or conversion.—
777 (1) A reciprocal insurer, upon affirmative vote of not
778 less than two-thirds of its subscribers who vote on such merger
779 or conversion pursuant to due notice, and subject to approval by
780 the office of the terms therefor, may merge with another
781 reciprocal insurer or be converted to a stock or mutual insurer,
782 to be thereafter governed by the applicable sections of the
783 Florida Insurance Code. However, a domestic stock insurer may
784 not convert to a reciprocal insurer.
785 (2) A plan to merge a reciprocal insurer with another
786 reciprocal insurer or for conversion of the reciprocal insurer
787 to a stock or mutual insurer must be filed with the office on
788 forms adopted by the commission office and must contain such
789 information as the office reasonably requires to evaluate the
790 transaction.
791 Section 21. Section 629.301, Florida Statutes, is amended
792 to read:
793 629.301 Impaired reciprocal insurers.—
794 (1) If the assets of a domestic reciprocal insurer are at
795 any time insufficient to discharge its liabilities, other than
796 any liability on account of funds contributed by the attorney in
797 fact or others, and to maintain the required surplus, its
798 attorney in fact shall forthwith make up the deficiency or levy
799 an assessment upon the subscribers for the amount needed to make
800 up the deficiency, but subject to the limitation set forth in
Page 32 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
801 the power of attorney or policy.
802 (2) If the attorney in fact fails to make up such
803 deficiency or to make the assessment within 30 days after the
804 office orders the attorney in fact him or her to do so, or if
805 the deficiency is not fully made up within 60 days after the
806 date the assessment was made, the insurer shall be deemed
807 insolvent and shall be proceeded against in the same manner as
808 any other insurer under chapter 631 and the insurance as
809 authorized by this code.
810 (3) If liquidation of a reciprocal such an insurer is
811 ordered, the receiver shall levy an assessment shall be levied
812 upon the subscribers an assessment for such an amount as the
813 receiver determines to be necessary to discharge all liabilities
814 of the insurer. The liabilities must be, subject to limits as
815 provided by this chapter, as the office determines to be
816 necessary to discharge all liabilities of the insurer, exclusive
817 of any funds contributed by the attorney in fact or other
818 persons, but inclusive of including the reasonable cost of the
819 liquidation. The assessment is subject to any limits set forth
820 in the power of attorney, the subscribers’ agreement, the
821 policy, or this chapter.
822 Section 22. Section 629.401, Florida Statutes, is
823 repealed.
824 Section 23. Section 629.520, Florida Statutes, is
825 repealed.
Page 33 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
826 Section 24. Section 629.56, Florida Statutes, is created
827 to read:
828 629.56 Unearned premium reserves.—A reciprocal insurer
829 must maintain an unearned premium reserve at all times and as
830 required under s. 625.051.
831 Section 25. Subsection (2) of section 624.45, Florida
832 Statutes, is amended to read:
833 624.45 Participation of financial institutions in
834 reinsurance and in insurance exchanges.—Subject to applicable
835 laws relating to financial institutions and to any other
836 applicable provision of the Florida Insurance Code, any
837 financial institution or aggregation of such institutions may:
838 (2) Participate, directly or indirectly, as an
839 underwriting member or as an investor in an underwriting member
840 of any insurance exchange authorized in accordance with s.
841 629.401, which underwriting member transacts only aggregate or
842 specific excess insurance over underlying self-insurance
843 coverage for self-insurance organizations authorized under the
844 Florida Insurance Code, for multiple-employer welfare
845 arrangements, or for workers' compensation self-insurance
846 trusts, in addition to any reinsurance the underwriting member
847 may transact.
848
849 Nothing in this section shall be deemed to prohibit a financial
850 institution from engaging in any presently authorized insurance
Page 34 of 35
CODING: Words stricken are deletions; words underlined are additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 881 2025
851 activity.
852 Section 26. Reciprocal insurers licensed before July 1,
853 2025, have until July 1, 2026, to comply with the changes made
854 to subscribers' advisory committees in s. 629.201, Florida
855 Statutes. Reciprocal insurers licensed before July 1, 2025, have
856 until July 1, 2027, to comply with the unearned premium reserve
857 requirements imposed under s. 629.56, Florida Statutes.
858 Section 27. Except as otherwise expressly provided in this
859 act and except for this section, which shall take effect upon
860 this act becoming a law, this act shall take effect July 1,
861 2025.
Page 35 of 35
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 1429 COMPANION BILL: CS/SB 1656 (Collins)
TITLE: Insurance Regulations LINKED BILLS: None
SPONSOR(S): Insurance & Banking Subcommittee RELATED BILLS: None
Committee References
Orig. Comm.: Insurance & Banking
SUMMARY
Effect of the Bill:
The bill addresses several matters related to the regulation of insurance in Florida. Specifically, the bill:
Requires background checks for key insurance personnel and authorizes the Florida Department of Law
Enforcement (FDLE) to process fingerprints.
Requires fair, documented affiliate compensation; mandates fee-for-service model by July 2026; requires
the Office of Insurance Regulation (OIR) approval for payments, dividends, and capital transfers to affiliates.
Requires all affiliate payments to comply with new standards.
Limits “use and file” rate filings to three per policy period for residential property insurers and one per
policy period for private passenger auto insurers.
Requires consumer-friendly rate transparency reports for property insurers beginning January 1, 2026.
Requires full rate filings after two years of certification for residential property and private passenger auto.
Mandates the Office of Insurance Regulation (OIR) to maintain an educational website.
Provides certain data do not constitute trade secrets qualifying for exemption from public records.
Overhauls rules for reciprocal insurers, including governance, surplus, and subscriber disclosures.
Mandates cybersecurity rules for consumer insurance data.
Allows Citizens policyholders to choose if they want to resolve disputes by arbitration through the Florida
Division of Administrative Hearings (DOAH).
Creates a statewide mitigation inspection database.
Fiscal or Economic Impact:
The bill will have an indeterminate fiscal impact.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill addresses several matters related to the regulation of insurance in Florida, as discussed in detail below.
Background Checks (Section 1).
The bill authorizes the FDLE to accept and process fingerprints and exchange criminal history records for
individuals involved in the insurance industry. The bill requires background checks for a wide range of persons
associated with insurers or insurance-related entities, including organizers, officers, employees, contractors, and
others who may influence or control insurance operations. Fingerprints must be submitted to the OIR or an
authorized vendor and will be processed by both the FDLE and the Federal Bureau of Investigation. The results of
the background checks will be used by the OIR to determine whether individuals meet eligibility requirements for
licensure, certification, or authority to operate under the Florida Insurance Code. The bill also provides procedures
for submission, retention, and cost responsibilities associated with fingerprint processing and background checks.
(Section 2).
STORAGE NAME: PCS1429.IBS
DATE: 4/2/2025
1
Affiliate Transaction Oversight (Section 2 and Section 3 and Section 11 and Section 12).
The bill provides increased regulatory oversight of financial transactions between insurers and affiliated entities,
including managing general agents (MGAs), attorneys in fact, and reciprocal insurers. The bill applies to any
insurer that contracts with or makes payments to such entities and establishes requirements to ensure those
payments are fair, reasonable, and in the insurer’s best interest.
The bill defines key terms, including "affiliated entity," which broadly includes affiliates, MGAs, attorneys in fact,
and reciprocal insurers involved in compensation or contractual arrangements with the insurer.
The bill requires insurers to submit documentation to the OIR demonstrating that all fees, commissions, or
payments to affiliated entities are fair and reasonable for each service provided. The OIR must evaluate this using
specified factors, including the actual cost of services, financial condition of the parties, debt levels, dividends or
payments exchanged, and whether the contract terms benefit the insurer.
For all agreements in effect on July 1, 2025, insurers must report by October 1, 2025, the costs incurred by
affiliates, amounts charged to the insurer, and any fees forgiven or reimbursed over the past two years. If charges
exceed costs, insurers must justify how the fees are fair and reasonable. New contracts after that date must include
similar documentation before becoming effective.
Beginning July 1, 2026, all compensation arrangements must follow a fee-for-service model, meaning fixed or
hourly rates for itemized services. Compensation may not be based on commissions, premium volume,
underwriting profits, or financial performance of the insurer. Dividends or other financial arrangements with
affiliates are still allowed but must be separately reviewed and approved by the OIR.
The bill also provides that:
All agreements with affiliated entities must include a termination clause and may not exceed three years
without undergoing review and reapproval by the OIR.
The OIR must be notified at least 30 days in advance before an insurer pledges capital or assets to an
affiliate, and the OIR may prohibit such arrangements if not in the insurer’s best interest.
During a declared emergency, the OIR may issue orders restricting transfers of funds to affiliates without
prior approval, for up to 90 days, with extensions allowed.
All dividends paid to affiliates, regardless of relationship, must be approved by the OIR.
The OIR may recover improper transfers, including those made in violation of approved arrangements or
while the insurer was undercapitalized.
Finally, the bill authorizes the OIR to impose penalties for violations of these requirements and requires the
Financial Services Commission to adopt rules to implement these provisions. (Section 2).
Application of Dividend Requirements to Affiliated Entities
The bill expands dividend restrictions and requirements currently applicable to domestic stock insurers to include
application to affiliated entities. Additionally, the bill requires that any approval of a dividend, distribution, or
other financial arrangement comply with the affiliate transaction oversight provisions created in the bill. (Section
11).
Authority Over Affiliate Dividends
The bill gives the OIR express oversight and regulatory authority over dividends and other financial arrangements
paid to affiliates. The bill prohibits the declaration or distribution of such payments without prior approval from
the OIR. It also requires that all affiliate dividends and financial arrangements comply with the affiliate transaction
oversight provisions created in the bill. The bill authorizes the OIR to impose penalties for unauthorized
transactions and directs the OIR to adopt rules to implement the section. (Section 12).
Affiliate Compensation Compliance
The bill requires that affiliate compensation arrangements comply with the provisions created in the bill, in
addition to the existing requirement that such payments be fair and reasonable. (Section 3).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Reciprocal affiliates
The bill specifies that the attorney in fact of a reciprocal insurer is considered an affiliated entity of the reciprocal
for purposes of section 624.10, F.S., and the affiliated entity. Provisions created in the bill apply to reciprocal
affiliates. (Section 16).
Insurance Consumer Data Security (Section 4).
The bill requires covered entities to report data breach incidents to OIR. Covered entities are defined as those
acting as insurers, transacting insurance, or otherwise engaging in insurance activities in Florida, including entities
licensed under ch. 641, F.S. The bill defines “breach of security” (breach) as unauthorized access of data in
electronic form containing personal information. Good faith access of personal information by an employee or
agent of the covered entity does not constitute a breach of security, provided that the information is not used for a
purpose unrelated to the business or subject to further unauthorized use. The bill specifies that it does not create a
private cause of action.
The bill also directs OIR and the Financial Services Commission to adopt rules relating to the cybersecurity of
consumer nonpublic insurance data provided that such rules are not more restrictive than the National Association
of Insurance Commissioners (NAIC) Data Security Model Law, adopted as of 2017 and amendments thereto. The
rules must:
Apply not only to all entities engaging in insurance activities, but also to any entity that has been contracted
to maintain, store, or process personal information on behalf of a covered entity.
Require the development and implementation of an information security program as defined in the model
law.
Require investigation and notification of a cybersecurity event as required under the model law.
Require that each insurer submit to the Department of Financial Services or OIR all or part of the
information required to be reported to the department or OIR in a computer-readable form compatible
with the electronic data processing system of the department or office.
Require that OIR be copied on any notice provided to the Attorney General under s. 501.171, F.S.
The bill also provides that upon OIR receiving information under this section, it must review the information and
may initiate an examination or investigation under s. 624.316, F.S., s. 624.3161, F.S., or s. 626.8828, F.S.
Filing Requirements (Section 5, Section 7, and Section 8).
The bill provides that personal residential property insurers may not submit more than three “use and file” filings
affecting policyholders within a single policy period, unless the filing is exclusively related to reinsurance. (Section
5).
The bill provides that a full rate filing is required for residential property and private passenger auto insurance
after two consecutive years of certification of the insurer’s existing rate by an actuary under s. 627.0645(3)(b), F.S.
(Section 7).
The bill provides that motor vehicles insurers may not submit more than one “use and file” filing affecting
policyholders within a single policy period. (Section 8).
Residential Property Insurance Rate Transparency Reports (Section 6).
The bill requires every rate filing requesting a rate change for residential property coverage from a property
insurer to include a rate transparency report beginning January 1, 2026. Insurers must include such reports with
every offer of coverage and renewal to aid consumers. The format for rate transparency reports must be
prescribed in a uniform manner by the Financial Services Commission.
The bill provides that the rate transparency report must include the following categories of the book or program at
the cumulative level. An estimated percentage of the influence of each listed factor must be provided to equal 100
percent:
The percentage of the total rate factor associated with the cost of reinsurance;
The percentage of the total rate factor associated with the cost of claims;
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The percentage of the total rate factor associated with the defense containment and costs;
The percentage of the total rate factor associated with fees and commissions;
The percentage of the rate factor associated with profit and contingency of the insurer;
Any other categories deemed necessary by the office or commission.
The bill requires that the rate transparency report must include:
Any major adverse findings by the office for the previous three calendar years.
Whether the insurer uses affiliated entities or perform functions of the insurer.
Contact information, to include a phone number, hours of service, and email address for Division of
Consumer Services of the Department of Financial Services.
Contact information for the Office of Insurance Regulation.
The address for the website for public access to rate filing and affiliate information that this bill requires to
be made available.
Any changes in the total insured value from the last policy period.
OIR must define terms used with the rate transparency reports in concise and plain language to aid consumers.
Public Web Access to Rate Filing Information (Section 6).
The bill directs OIR to establish and maintain a comprehensive resource center on its website that uses plain
language to aid consumers in their understanding of insurance. It must include substantive information on current
and historical insurance market dynamics, data concerning the financial condition and market conduct of insurers,
and choices available to consumers. The website must include the following at minimum:
Reports, utilizing graphical information wherever possible, outlining information about the state of the
market and adverse and positive trends affecting it.
Tools that aid consumers in finding insurers.
Tools that aid consumers in their determination of the coverages beneficial to them.
Information about mitigation credits and the My Safe Florida Home program as well as other credits
insurers may offer beyond wind mitigation.
Access to the rate transparency report, annual statements, market conduct information, and other
information related to each insurer.
Information on the Citizens Property Insurance Corporation takeout process, the clearinghouse, and
general information as reported by OIR.
With respect to any residential property rate filing:
o The overall rate change requested by the insurer.
o The rate change approved by OIR along with all of the actuary’s assumptions and recommendations
forming the basis of OIR’s decision.
o Certification by OIR’s actuary that, based on the actuary’s knowledge, his or her recommendations
are consistent with accepted actuarial principles.
o Whether the insurer utilizes affiliated entities to performance administrative, claims handling, or
other functions of the insurer and if so, the total percentage of direct written premium paid to the
affiliated entities by the insurer in the preceding annual calendar year.
The bill provides that the following data are not trade secrets as defined in s. 688.002, F.S., or s. 812.081(1), F.S.,
and is therefore not subject to the public records exemption for trade secrets provided in s. 119.0715, F.S., or s.
624.4213, F.S.
The statewide average requested rate change and final approved statewide average rate change within a
filing.
County rating examples submitted to OIR through the rate collection system for the purposes of displaying
rates on the OIR website.
By providing that the data are not trade secrets, it can be shared with consumers.
Citizens Arbitration Procedures (Section 9).
The bill authorizes Citizens Property Insurance Corporation (Citizens) to offer policyholders the option to resolve
claim disputes through arbitration proceedings before the Division of Administrative Hearings (DOAH). While
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
current law allows Citizens to use DOAH, the bill clarifies that this option can be offered directly to insureds in
policy forms.
At issuance or renewal, Citizens may use forms that let insureds elect DOAH arbitration for disputes involving
coverage, scope, or value of a claim. The insured must be given written notice of this option and indicate their
choice by marking “ACCEPT” or “DECLINE” on a boldfaced 12-point disclosure immediately before the insured’s
signing. The selection applies for the entire policy term.
Uniform Mitigation Verification Inspection Form Database (Section 10).
The bill provides for OIR to contract with a Florida public university to design, operate, upgrade, and maintain a
statewide database for uniform mitigation verification inspection forms to be operated by OIR for the collection
and evaluation of mitigation features on residential property in the state.
The bill provides that beginning January 1, 2026, insurers must file an electronic copy of uniform mitigation
verification inspection forms submitted by policyholders in the database within 15 days of receipt in an electronic
format prescribed by OIR. The Financial Services Commission must adopt rules to implement these provisions.
Reciprocal Insurers (Sections 13 through 31).
The bill modifies the definition of a reciprocal insurer to include two new classes: assessable reciprocal insurers
and non-assessable reciprocal insurers. (Section 13).
Assessable and Non-Assessable Reciprocal Insurers
The bill amends the surplus funds required for a reciprocal insurer, with such requirements differing based on
whether the reciprocal is assessable or non-assessable. Current law requires reciprocal insurers to have $750,000
in expendable surplus when first authorized, and to maintain $250,000 in surplus funds. Under the bill:
Assessable reciprocal insurers must have and maintain surplus funds of at least $3 million to transact
insurance.
Non-assessable reciprocal insurers are subject to the surplus required under 624.408, F.S., for a domestic
stock insurer authorized to transact like kinds of insurance. (Section 14).
Attorney in Fact Bond
The bill increases the bond amount required for an attorney in fact of a domestic reciprocal insurer from $100,000
to $300,000 and clarifies that the bond must be in favor of the state for the benefit of all persons damaged by a
breach of the bond conditions. (Section 18).
Subscriber Advisory Committee
The bill revises the structure and governance requirements for subscribers’ advisory committees1 of reciprocal
insurers. It requires each reciprocal insurer to establish a subscribers’ advisory committee that represents the
interests of its subscribers, with governing rules and any amendments subject to approval by the OIR.
The bill expands the committee’s duties to include supervising the insurer’s operations for compliance with all
governing documents and authorizes the committee to hire independent professionals at the insurer’s expense.
The initial committee must be appointed by the original subscribers or the attorney in fact.
At least two-thirds of the committee must be independent subscribers who are not affiliated with the attorney in
fact. These members must be elected by the subscribers within six months of the insurer receiving its certificate of
authority. The bill also requires reciprocal insurers with more than 50 subscribers to provide a platform that
enables subscribers to communicate with one another about the election process. (Section 24).
Subscriber Contributions
The bill authorizes reciprocal insurers to require subscriber contributions2 in addition to premiums, subject to
prior approval by the OIR. The bill requires reciprocal insurers to clearly disclose such contributions on the
1 Subscribers' advisory committee means the committee of a domestic reciprocal insurer which is formed in compliance with s. 629.201 and
represents the interests of the subscribers.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
declarations page of the policy and to provide subscribers with an annual report detailing how each dollar of the
contribution was allocated or spent. (Section 19).
Subscriber contributions may not exceed 2 percent of each individual subscribers’ policy premium for a
nonassessable reciprocal insurer and 10 percent of each individual subscribers’ policy premium for an assessable
reciprocal insurer. Subscriber contributions are allowed as assets for the purposes of determining the reciprocal’s
financial condition, except that any premium deposits delinquent for 90 days will first be charged against such
subscriber contributions. (Section 23).
Subscriber Savings Accounts
The bill authorizes reciprocal insurers to establish subscriber savings accounts 3 and sets requirements for their
use and disclosure. The bill requires insurers to inform subscribers in writing about limitations, restrictions,
distribution procedures, and calculation methods. Additionally, the bill requires that advertisements disclose
limitations and provides that, upon policy cancellation or nonrenewal, subscribers are entitled to the funds in their
accounts unless otherwise restricted by law, contract, or regulatory order. (Section 20).
Subscriber Distributions
The bill authorizes to make distributions4 to subscribers from their subscriber savings accounts. The subscribers’
advisory committee shall have sole authority to authorize distributions, subject to prior the OIR approval. Any
reciprocal that otherwise authorizes distributions but prohibits subscribers from receiving distributions for a
specified period of time, including after initial subscription, must renew the subscriber’s policy for that period of
time plus 1 additional policy year. This does not prohibit the cancellation or nonrenewal of a policy pursuant to
624.4133, F.S., or by the OIR order.
The bill provides that a reciprocal insurer may return to its subscribers any unused premiums, savings, or credits
accruing to their accounts. Such distribution may not unfairly discriminate between classes of risks or policies, or
between subscribers, but may vary as to classes of subscribers based on the experience of the classes.
The bill provides that a domestic reciprocal insurer may, upon prior written OIR approval, pay to its subscribers a
portion of unassigned funds of up to 10 percent of surplus, with distribution limited to 50 percent of net income
from the previous calendar year. Such distribution may not unfairly discriminate between classes of risks or
policies, or between subscribers, but may vary as to classes of subscribers based on the experience of the classes.
(Section 21).
Annual Statement
The bill specifies that the annual statement procured by the subscribers advisory committee must be an audited
annual statement of the accounts and records of the insurer and the attorney in fact. The bill provides that:
The insurer’s statement must be prepared by an independent auditor at the insurer’s expense, and made
available for inspection by any subscriber, and filed by the attorney in fact.
The statement of the attorney in fact must be prepared by an independent auditor at the expense of the
attorney in fact, and filed with the annual statement of the reciprocal. (Section 22).
Repealed Provisions Related to Reciprocal Insurers
The bill repeals several provisions of ch. 629, F.S., relating to reciprocal insurers, including
629.271, F.S. This section is effectively replaced by the bill’s subscriber distributions provision. (Section
25).
629.401, F.S. Removes a cross reference to a repealed statute. (Section 28).
629.520, F.S. (Section 29).
2 Subscriber contribution means any transfer of money by a subscriber of a reciprocal insurer to the reciprocal insurer in excess of the
premium approved by the office, when such money is counted as surplus for the reciprocal insurer or used to pay surplus notes.
3 Subscriber savings account means any account in which a reciprocal insurer assigns money for the benefit of an individual subscriber,
other than accounts holding money for the payment of a specific claim by or settlement of a specific legal dispute with that individual
subscriber.
4 Distribution means any transfer of money from the reciprocal insurer to subscribers other than for the payment of a claim, settlement of a
legal dispute, or return of principle.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Merger or Conversion
The bill makes two technical changes regarding reciprocal insurers merger or conversion.
The Financial Services Commission, rather than the OIR, will provide the appropriate legal forms for
merging reciprocals or conversion into a stock or mutual insurer.
Clarifies language in statute to make it clearer that the provision is applicable in the case of either merger
or conversion. (Section 26).
Impaired Reciprocal Insurers
The bill clarifies that the OIR issues the order for the attorney in fact to make up a deficiency or levy an assessment
and specifies that, upon liquidation, the receiver shall levy assessments on subscribers to cover all liabilities,
including liquidation costs, subject to any limits in the power of attorney, the policy, or ch. 629, F.S. (Section 27).
Unearned Premium Reserve
The bill creates s. 629.56, F.S., to require reciprocal insurers to maintain an unearned premium reserve at all times
in accordance with section 625.051, F.S. (Section 30)
Compliance Deadlines for Existing Reciprocal Insurers
The bill provides that reciprocal insurers licensed before July 1, 2025, must comply with the new subscribers’
advisory committee requirements in s. 629.201, F.S., by July 1, 2026, and with the new unearned premium reserve
requirements in s. 629.56, F.S., by July 1, 2027. (Section 31).
Except as expressly provided otherwise, the bill takes effect July 1, 2025. (Section 32).
RULEMAKING:
The bill grants rulemaking authority to the OIR to implement the affiliate transaction oversight provisions created
by the bill, and requires rulemaking to implement s. 628.372, F.S., relating to dividends and financial arrangements
with affiliates. (Section 2 and Section 12).
The bill grants rulemaking authority to OIR and the Financial Services Commission to implement the bill’s
provisions relating to security of consumer insurance data. The bill requires rulemaking from the Financial
Services Commission to implement the provisions of the bill relating to a uniform inspection database and
requirements for property insurers to file certain forms in the database. (Section 4 and Section 10).
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an indeterminate fiscal impact.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Law Enforcement
The Florida Department of Law Enforcement (FDLE) is a state agency created in 1969 to provide investigative,
forensic, and criminal justice services in support of Florida’s law enforcement community.5 FDLE operates under
the direction of the Florida Cabinet and maintains its headquarters in Tallahassee, with regional operations
5 s. 943.03, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
throughout the state. FDLE’s mission is to promote public safety and strengthen domestic security by providing
services to local, state, and federal agencies.6
FDLE is responsible for processing criminal history background checks and fingerprint submissions for a wide
range of professions and regulatory programs, including those involving licensure and employment eligibility.7 The
agency is authorized to exchange fingerprint data with the United States Department of Justice as part of national
criminal history checks.8
As part of Florida’s oversight of the insurance industry, the FDLE provides access to criminal history information to
noncriminal justice agencies, such as the Department of Financial Services (DFS), for use in evaluating insurance
licensure applications.9 Individuals applying for licenses—such as insurance agents, adjusters, and other regulated
professionals—must submit to fingerprint-based background screenings.10 Fingerprints must be submitted
electronically through a LiveScan vendor approved by FDLE.11 FDLE processes the fingerprints and transmits the
results to the appropriate licensing authority, typically DFS, to determine the applicant’s eligibility.12
Managing General Agents
Some insurers operate within a holding company system that includes a managing general agent (MGA).13 An MGA
is a specialized type of insurance agent or broker that has underwriting authority from an insurer.14 MGAs can
perform certain functions that insurers typically handle, including binding coverage, underwriting and pricing,
agent appointments, and claims adjusting and settlement.15 An MGA may be an affiliate of an insurer. Section
624.10(1), F.S., defines an affiliate as an entity that exercises control over or is directly or indirectly controlled by
an insurer. MGAs must enter into contracts with the insurers they do business with, including those that are
affiliates—that is, entities that control or are controlled by the insurer.16 These contracts must specify the division
of responsibilities between the insurer and the MGA.17
There is currently no statutory limit on the duration of these contracts.
Examination of Insurers and MGAs
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.18 OIR's examination authority extends to MGAs.19
As part of the examination process, all persons being examined must make available to OIR the accounts, records,
documents, files, information, assets, and matters in their possession or control that relate to the subject of the
examination.20 As part of an examination, OIR reviews contracts between insurers and MGAs, so that it can
determine how much an insurer is paying its MGA and what services the insurer is receiving for the fee it pays. The
scope of the examination of an insurer’s affiliates in a holding company system is limited to information reasonably
necessary to ascertain an insurer’s financial condition.
Payments to Affiliates
6 FDLE, Mission Statement, https://www.fdle.state.fl.us (last visited April 1, 2025).
7 S. 943.053, F.S.
8 S. 943.054, F.S.
9 S. 943.053(3)(a), F.S.
10 S. 626.171(4), F.S.
11 Florida Department of Financial Services, Fingerprinting Information, https://www.myfloridacfo.com/division/agents/licensing/agents-
and-adjusters/fingerprinting-information. (last visited on April 2, 2025).
12 Id.
13 See s. 628.801, F.S. An “insurance holding company system” consists of two or more affiliated persons, one or more of which is an insurer.
14 S. 626.015(16)(a), F.S., see also, International Risk Management Institute, https://www.irmi.com/term/insurance-definitions/managing-
general-agent (last visited Mar. 28, 2025).
15 See supra note 14.
16 S. 626.7451, F.S.
17 Id.
18 S. 624.316(1)(a), F.S.
19 Id.; S. 626.7452, F.S.
20 S. 624.318(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
Each insurer doing business in Florida that pays a fee, commission, or other financial consideration or payment to
any affiliate is required to provide, upon request of the OIR, any information the OIR deems necessary. The fee,
commission, or other financial consideration or payment to any affiliate must be fair and reasonable. In
determining whether the fee, commission, or other financial consideration or payment is fair and reasonable, the
OIR must consider, among other things, the actual cost of the service being provided.21
Dividends to Stockholders
Florida law permits domestic stock insurers to distribute dividends22 to stockholders under certain conditions.
Dividends may only be paid out of available and accumulated surplus funds that are derived from realized net
operating profits and realized capital gains.23
Without prior approval from OIR, a domestic stock insurer may pay dividends within specific thresholds, such as a
percentage of surplus or recent net income. These thresholds include, for example, the lesser of 10 percent of
surplus or net gain from operations for life and health insurers, or net income for property and casualty insurers.24
Certain carryforward provisions may also apply depending on the type of insurer.
Alternatively, insurers may pay a dividend without prior approval if the dividend meets specific criteria, such as
not exceeding the greater of 10 percent of surplus or the entire net operating profits and realized capital gains
from the preceding calendar year. After the dividend is paid, the insurer must retain surplus of at least 115 percent
of the minimum required statutory surplus, and it must file notice with OIR at least 10 business days before
payment.25
The OIR may disapprove any dividend or distribution that exceeds the statutory limits if it determines that the
payment would jeopardize the financial condition of the insurer, considering factors such as asset quality, liquidity,
premium-to-surplus ratios, and investment income.26
Reciprocal Insurance Exchanges
A reciprocal insurance exchange is an insurance enterprise where subscribers enter into direct agreements with
each other, pledging to contribute proportionally to cover losses experienced by fellow members.27 The essence of
the reciprocal is (1) direct links between the insurance customers, (2) facilitated by a common agent.28 Rather than
an incorporated entity, reciprocals rely on a “thick braid of contracts [to] unite[] a circle of natural persons, each of
whom participates as part of the enterprise, with no legal entity at the contractual core.”29 Reciprocals have been
described in many ways, but a conventional description echoed by courts is as follows: “in its pure form, a
reciprocal insurance exchange is a web of contractual relationships between subscribers who agree to insure one
another, consummated through a common agent with power of attorney.”3031
21 S. 624.424(13), F.S.
22 A dividend is a distribution of a portion of an insurer’s accumulated profits or surplus to its shareholders. In the case of a
domestic stock insurer, dividends are typically paid in cash and represent a return on the shareholders’ investment. Dividends
must comply with statutory limitations to ensure that the insurer maintains sufficient surplus to meet its obligations to
policyholders and maintain financial stability.
23 S. 628.371(1), F.S.
24 S. 628.371(2), F.S.
25 S. 628.371(3)(b), F.S.
26 S. 628.371(4), F.S.
27 Andrew Verstein, Enterprise Without Entities, 116 MICH. L. REV. 247, 249 (2017),
https://repository.law.umich.edu/cgi/viewcontent.cgi?params=/context/mlr/article/1672/&path_info=Enterprise_Without_
Entities_revised_first_page.pdf. Early historic reciprocals include USAA, founded by military officers “convinced that they were
better drivers than civilians,” and Farmers, “which supposed that rural drivers were on the whole safer than urban drivers.” Id.
at 267.
28 Verstein, supra note 27 at 264.
29 Id. at 249.
30 Id. at 264, quoting True v. Robles, 571 F.3d 412, 414 (5th Cir. 2009). The definition has significant historical precedent. See
Robert J. Brennen, Inter-Insurance—Its Legal Aspects and Business Possibilities¸ 58 CENT. L.J. 323, 323 (1904) (“By inter-
insurance . . . is meant that system of insurance whereby several individuals, partnerships and corporations underwrite each
other’s risks against loss by fire or other hazard, through an attorney in fact, common to all, under an agreement that each
underwriter acts separately and severally, not jointly with any other.”). Most states have adopted a similar formulation. See,
e.g., ALA. CODE § 27-31-1 (2014); DEL. CODE ANN. tit. 18, § 5701 (West 2015); MASS. GEN. LAWS ch 175 § 94A (2014); TEX. INS. CODE
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
The customers, known as subscribers, sign an agreement authorizing an agent to act as their attorney-in-fact for
the purposes of insurance.32 The effect of the power of attorney agreement is that the designated agent (the
attorney-in-fact), which is generally a management company, is authorized to sign contracts on behalf of all
subscribers.33 The function of an attorney-in-fact for a reciprocal is somewhat comparable, though not identical, to
a managing general agent (MGA) for a stock insurer.34 In both cases, the agent is empowered to bind their
delegating principal(s) to insurance contracts through agency principles.35
Subscribers pay their premiums to the attorney-in-fact, and the shared agent handles soliciting customers and
signing contracts among them to cross-indemnify risks.36 A subscriber’s claim is a claim against every policyholder
of the reciprocal.37 Unused premiums may be returned to subscribers or retained to support future claims.38 The
annual fees paid by subscribers may be substantially refunded in good years, but in bad years, subscribers may be
required to make substantial additional contributions in reciprocals empowered to levy “assessments.”39
Historically, limitations on the power to levy assessments were only permitted for reciprocal exchanges that
maintained a large capital surplus comparable to that held by a conventional entity-based insurance company.40
Subscribers are often represented by a subscribers’ advisory committee, which is somewhat comparable to a
corporate board of directors.41 The committee’s powers can vary by state and reciprocal. Some committees are
passive or controlled by the attorney-in-fact, whereas others are relatively assertive of their rights.42
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.43
In Florida, a subscribers’ advisory committee typically manages a reciprocal insurer.44 The committee is
responsible for choosing and monitoring the attorney-in-fact, approving rates, and providing oversight of the
operations of the reciprocal.45
Florida law provides that the subscribers’ advisory committee of a domestic reciprocal insurer exercising the
subscribers’ rights must be selected under such rules as the subscribers adopt.46 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.47
ANN. § 942.001 (West 2009). The definition is not universally accepted, however. See Lee v. Interinsurance Exch. of the Auto.
Club of S. Cal., 57 Cal. Rptr. 2d 798, 804 (Ct. App. 1996) (asserting that California law rejects the notion that the subscriber is
an insurer to others).
31 Other ways reciprocal insurance exchanges have been described include: “an unincorporated association, a trust for a
purpose, a quasi-corporation, and more than a partnership and something less than an insurance corporation.” Verstein, supra
note 27 at 264 (internal quotes omitted).
32 Verstein, supra note 27 at 264.
33 Id. at 251.
34 Managing general agents can be entrusted with different functions by different insurers, but MGAs are defined by their
authority, delegated by the insurer through agency principles, to act on behalf of the insurer, particularly (though perhaps not
exclusively) in binding the insurer to insurance contracts. See INTERNATIONAL RISK MANAGEMENT INSTITUTE, managing general
agent (MGA), https://www.irmi.com/term/insurance-definitions/managing-general-agent-(mga).
35 See supra note 34.
36 Verstein, supra note 27 at 264.
37 Id.
38 Id.
39 Id. at 265.
40 Id. n. 98 and accompanying text.
41 Id.
42 Id.
43 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. S. 629.041(2), F.S.
44 See s. 629.201, F.S.
45 See id.
46 Id.
47 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
The subscribers’ advisory 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.48
Impaired Reciprocal Insurers
If a reciprocal insurer becomes impaired—meaning it is unable to meet its obligations or maintain required
surplus—the Department of Financial Services may initiate rehabilitation or liquidation proceedings under ch.
631, F.S., including potential rehabilitation under s. 631.051, F.S., or liquidation under s. 631.061, F.S. 49
Mergers Involving Reciprocal Insurers
Reciprocal insurers may merge or consolidate under Part III of Chapter 628, F.S., with approval from the Office of
Insurance Regulation. The unique governance structure of reciprocals, including the attorney in fact and
subscribers’ advisory committee, must be considered in any proposed transaction.50
Insurance Rate Filing
Part I of ch. 627, F.S., the Rating Law,51 governs property, casualty, and surety insurance covering the subjects of
insurance resident, located, or to be performed in this state.52 The rating law provides that the rates for all classes
of insurance it governs may not be excessive, inadequate, or unfairly discriminatory.53 Though the terms “rate” and
“premium” are often used interchangeably, the rating law specifies that “rate” is the unit charge that is multiplied
by the measure of exposure or amount of insurance specified in the policy to determine the premium, which is the
consideration paid by the consumer.54
All property and casualty insurers must utilize one of two filing methods:
File and use. File proposed rate changes at least 90 days before the intended effective date. The insurer
can use the rates once approved or if 90 days pass without disapproval.
Use and file. Implement rates first, then file the rate change within 30 days after they become effective. If
OIR later finds the rates unacceptable, the insurer may have to issue refunds to policyholders.55
Upon receiving a rate filing, the OIR reviews the filing to determine if the rate is excessive, inadequate, or unfairly
discriminatory. The OIR makes that determination in accordance with generally acceptable actuarial techniques
and considers the following:
Past and prospective loss experience;
Past and prospective expenses;
The degree of competition among insurers for the risk insured;
Investment income reasonably expected by the insurer;
The reasonableness of the judgment reflected in the rate filing;
Dividends, savings, or unabsorbed premium deposits returned to policyholders;
The adequacy of loss reserves;
The cost of reinsurance;
Trend factors, including trends in actual losses per insured unit for the insurer;
Conflagration and catastrophe hazards;
48 Id.
49 s. 629.301, F.S.
50 s. 629.111, F.S.
51 S. 627.011, F.S.
52 S. 627.021(1), F.S.
53 S. 627.062(1), F.S.
54 S. 627.041, F.S.
55 S. 627.062, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
Projected hurricane losses;
Projected flood losses, if the policy covers the risk of flood;
The cost of medical services, if applicable;
A reasonable margin for underwriting profit and contingencies; and
Other relevant factors that affect the frequency or severity of claims or expenses.56
All insurers or rating organizations writing any line of property or casualty insurance to which these requirements
apply must make an annual base rate filing for each such line with OIR no later than 12 months after its previous
base rate filing, demonstrating that its rates are not inadequate.57 The annual base rate filing requirement may be
satisfied, if no rate change is proposed, by filing a certification by an actuary that the existing rate level produces
rates which are actuarially sound and which are not inadequate, as defined in s. 627.062, F.S.58
Insurer Reporting of Property Insurance Data
All insurers with a Florida certificate of authority to transact insurance business must file quarterly and annual
reports with the OIR containing various financial data, including audited financial statements, actuarial opinions,
and certain claims dates. 59 Each year, insurers must file an annual statement covering the preceding calendar year
on or before March 1. Quarterly statements covering each period ending on March 31, June 30, and September 30
must be filed within 45 days after each such date.60
Under s. 627.0621, F.S., with respect to any residential property insurance rate filings, the OIR must provide the
following information on an internet website:
The overall rate change requested by the insurer;
All assumptions made by an OIR actuary;
A statement describing any assumptions that deviate from actuarial standards of the Casualty Actuarial
Society or American Academy of Actuaries;
All recommendations made by any OIR actuary who reviewed the rate filing;
A certification by the OIR's actuary that based on the actuary's knowledge, that his or her
recommendations are consistent with accepted actuarial principles; and
The overall rate change approved by the OIR.
Insurance Data Security
In recent years, there have been several major data breaches across the U.S. involving large insurers that have
exposed and compromised the sensitive personal information of millions of insurance consumers.61
National Association of Insurance Commissioners (NAIC) Data Security Model Law
The NAIC Insurance Data Security Model Law (#668) was adopted in 2017 to establish data security standards for
regulators and insurers to mitigate the potential damage of a data breach.62 The model applies to insurers,
insurance agents, and other entities licensed by state insurance regulators.63 The U.S. Treasury Department in 2017
56 S. 627.062(2)(b), F.S.
57 S. 627.0645(1), F.S.
58 Rates are deemed inadequate if they are clearly insufficient, together with the investment income attributable to them, to
sustain projected losses and expenses in the class of business to which they apply. Section 627.062(2)(e)3., F.S. A rate shall be
deemed inadequate as to the premium charged to a risk or group of risks if discounts or credits are allowed which exceed a
reasonable reflection of expense savings and reasonably expected loss experience from the risk or group of risks. S.
627.062(2)(3)5., F.S.
59 S. 624.424, F.S.
60 S. 624.424(1)(a), F.S. The law excepts workers’ compensation and employer’s liability insurance; insurance limited to
coverage of commercial risks other than commercial residential multiperil and medical malpractice insurance; and certain
travel insurance.
61 NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, State Legislative Brief – The NAIC Insurance Data Security Model Law –
February 2025, https://content.naic.org/sites/default/files/government-affairs-brief-data-security-model-law.pdf (last visited
March 26, 2025).
62 Id.
63 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
urged states to promptly adopt the model within five (5) years of the NAIC’s adoption and, if states failed to meet
the timeline, recommended that the federal administration ask Congress to preempt the states.64
The model law requires insurers and other entities licensed by state insurance regulators to develop, implement,
and maintain an information security program based on its risk assessment, with a designated employee in charge
of the information security program.65 The model phases in requirements for compliance with the information
security program and oversight of third-party service providers.66 Licensees determine the appropriate security
measures to implement based on careful, ongoing risk assessment for internal and external threats.67 The model
also requires licensees to investigate a cybersecurity event and notify the state insurance commissioner of a
cybersecurity event.68 It also grants insurance commissioners the power to examine and investigate licensees to
determine compliance with the law and provides state insurance regulators the authority to remedy data security
deficiencies they find during an examination.69 The model exempts licensees with fewer than 10 employees,
licensees compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and agents of a
licensee from Section 4 of the model.70 The model does not create a private cause of action, nor does it limit an
already-existing private right of action.71
The NAIC model law has been implemented in twenty-six (26) jurisdictions as of February 1, 2025.72
Insurance Mitigation – Uniform Mitigation Verification Inspection Forms
Florida law promotes hurricane mitigation by requiring insurers to offer premium discounts for properties with
certain wind-resistant features (such as fortified roofs, window protection, etc.). Section 627.711, F.S. requires
insurers to notify policyholders about available hurricane mitigation discounts and accept a Uniform Mitigation
Verification Inspection Form as proof of a home’s mitigation features.
Uniform Mitigation Verification Inspection Forms are standardized documents used to verify that homes have
specific hurricane and wind damage prevention features. This standard document is the uniform mitigation
verification inspection form (Form OIR-B1-1802),73 developed by the Financial Services Commission for statewide
use.
The uniform inspection form creates a consistent way to verify a structure’s windstorm mitigation features.
Homeowners can hire a qualified inspector to examine their roof construction, windows, doors, and other features
that reduce hurricane damage, and the inspector records the findings on the uniform mitigation form. Insurers
must accept a properly completed form when calculating applicable discounts or credits on windstorm insurance
premiums. Once a homeowner submits the completed Form OIR-B1-1802 to their insurer, the insurer will apply
the appropriate wind mitigation credits to the policy.
Florida law has provided by statute for premium discounts for hurricane loss mitigation since the creation of
section 627.711, F.S., in 2005. The uniform form process has been significant for Florida’s strategy to encourage
homeowners to harden their homes against hurricanes, thereby reducing overall insurance losses over time.
Citizens Property Insurance Corporation
Citizens Property Insurance Corporation (Citizens) is a state-created, not-for-profit, tax-exempt governmental
entity whose public purpose is to provide property insurance coverage to those unable to find affordable coverage
64 Id.
65 Id.
66 Id.
67 Id.
68 Id.
69 Id.
70 Id.
71 Id.
72 Id.
73 FLORIDA OFFICE OF INSURANCE REGULATION, Uniform Mitigation Verification Inspection Form¸ https://floir.com/docs-sf/default-
source/property-and-casualty/oir-b1-1802.pdf?sfvrsn=13b11cba_2; see also FLORIDA DEPARTMENT OF FINANCIAL SERVICES,
Mitigation Notices, Inspections and Forms, https://myfloridacfo.com/division/consumers/storm/mitigation-notices-
inspections-and-forms.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
in the voluntary admitted market.74 Citizens is not a private insurance company.75 Citizens was statutorily created
in 2002 when the Florida Legislature combined the state’s two insurers of last resort, the Florida Residential
Property and Casualty Joint Underwriting Association (RPCJUA) and the Florida Windstorm Underwriting
Association (FWUA).76
Citizens operates in accordance with the provisions in s. 627.351(6), F.S., and is governed by a nine-member Board
of Governors (board) that administers its Plan of Operations. The Plan of Operations is reviewed and approved by
the Financial Services Commission.77 The Governor, President of the Senate, Speaker of the House of
Representatives, and Chief Financial Officer each appoint two members to the board.78 The Governor appoints an
additional member who serves solely to advocate on behalf of the consumer.79 Citizens is subject to regulation by
the Office of Insurance Regulation (OIR).
Citizens may only appoint as its licensed agents those agents who also hold an appointment by at least three
insurers who are authorized to write and are actually writing or renewing personal lines residential property
coverage, commercial residential property coverage, or commercial nonresidential property coverage within the
state.80
The Division of Administrative Hearings (DOAH)
DOAH is a state agency that employs full-time Administrative Law Judges to conduct hearings in most cases in
which the substantial interests of a person are determined by an agency and which involve a disputed issue of
material fact.81 When a state agency proposes to take some action that is adverse to a person, the affected person is
normally entitled to request an administrative hearing to determine the matter.82 Requests for hearings are
initially made to the appropriate state agency.83 If the case does not involve disputed facts, the agency itself will
conduct a proceeding and subsequently render a decision.84 If the request for hearing indicates that the affected
person disputes facts upon which the proposed action is based, the agency ordinarily refers the case to DOAH for a
hearing.85
DOAH provides a hearing conducted by an independent and neutral Administrative Law Judge who thereafter
enters a Recommendation or Final Order, which is provided to the state agency and the parties in the case. In the
case of a Recommended Order, the agency reviews the Recommended Order and issues a Final Order which usually
adopts the Judge's factual findings, but, under certain circumstances, the agency may reject or modify certain legal
conclusions of the Judge or the recommended penalty, if any. If the Final Order is adverse to the non-agency party,
an appeal may be taken within a limited time to a District Court of Appeal.86
Integration of DOAH in Citizens’ Dispute Resolution Process
Traditionally, disputes between Citizens and its policyholders that couldn't be resolved through informal
negotiations or traditional alternative dispute resolution procedures often resulted in civil suits filed in circuit
court. In July 2022, Citizens' Board of Governors approved a policy endorsement allowing either the insurer or the
insured to direct claims disputes to DOAH. This endorsement was subsequently approved by the OIR in August
2022 and became effective for new and renewing policies on February 1, 2023. 87
74 The term “admitted market” means insurance companies licensed to transact insurance in Florida.
75 S. 627.351(6)(a)1., F.S.
76 S. 2, ch. 2002-240, Laws of Fla.
77 S. 627.351(6)(a)2., F.S.
78 S. 627.351(6)(c)4.a., F.S.
79 S. 627.351(6)(c)4., F.S.
80 S. 627.351(6)(c)13., F.S.
81 Ch. 120, F.S.
82 Section 120.68(1), F.S.
83 See Uniform Rule 28-106.201(2).
84 Section 120.57(2), F.S.
85 Section 120.57(1), F.S.
86 Section 120.68(2)(a), F.S.
87 See Insurance Journal, Citizens Insurance to Begin Using DOAH for Dispute Resolution, July 14, 2022,
https://www.insurancejournal.com/news/southeast/2022/07/14/675721.htm; Insurance Journal, Citizens Insurance Adds DOAH
Arbitration Option to Policies, Feb. 6, 2023. https://www.insurancejournal.com/news/southeast/2023/02/06/706063.htm.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
14
HB 799 (2023) codified Citizens’ authority to include DOAH arbitration in its policy forms and to contract with
DOAH to conduct claim-related dispute proceedings. Under current law, such proceedings are not governed by ch.
120, F.S., but are instead subject to ss. 57.105 and 768.79, F.S., allowing for attorney fee awards and settlement
procedures similar to those in circuit court.88
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Insurance & Banking Hamon Schenk
Subcommittee
88 Ch. 2023-172, § 5, Laws of Fla.; see also § 57.105, 768.79, Fla. Stat. (2023).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
15
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
PCS for HB 1429 2025
1 A bill to be entitled
2 An act relating to insurance regulations; creating s.
3 624.341, F.S.; providing legislative findings;
4 requiring the Department of Law Enforcement to accept
5 and process fingerprints of specified persons who are
6 involved in the organization, operation, or management
7 of certain insurers or certain proposed insurers or
8 who are subject to specified provisions of the Florida
9 Insurance Code; requiring full sets of fingerprints of
10 such persons to be submitted to the Office of
11 Insurance Regulation or certain vendors, entities, or
12 agencies; providing procedures for criminal background
13 checks; providing fees; authorizing the department to
14 exchange criminal background checks for specified
15 purposes; providing guidelines for submitting
16 fingerprints; requiring the office to use and review
17 the criminal background checks for specified
18 determinations; amending s. 626.9651, F.S.; requiring
19 the Office of Insurance Regulation and the Financial
20 Services Commission to adopt rules on cybersecurity of
21 certain insurance data; providing requirements for
22 such rules; providing duties of the office; creating
23 s. 624.347, F.S.; providing definitions; providing
24 applicability; establishing standards for compensation
25 arrangements and oversight of affiliate transactions
Page 1 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
26 involving insurers, managing general agents, and
27 attorneys in fact; providing penalties; requiring the
28 office to adopt rules; amending s. 624.424, F.S.;
29 specifying requirements for affiliate compensation
30 arrangements; removing requirements that the office
31 consider a specified factor in determining whether
32 certain affiliate considerations and payments by an
33 insurer are fair and reasonable; amending s. 627.062,
34 F.S.; prohibiting personal residential property
35 insurers from submitting more than three "use and
36 file" filing under certain circumstances; providing an
37 exception; amending s. 627.0621, F.S.; requiring
38 certain rate filings with the office from residential
39 property insurers to include rate transparency
40 reports; providing for acceptance or rejection by the
41 office of such reports; providing requirements for
42 such reports; requiring insurers to provide such
43 reports to consumers; requiring the office to define
44 terms used in such reports; requiring the office to
45 establish and maintain a specified center on its
46 website; providing requirements for the website;
47 amending s. 627.0645, F.S.; revising requirements of
48 rate filing with the office; amending s. 627.0651,
49 F.S.; prohibiting motor vehicle insurers from
50 submitting more than one "use and file" filing under
Page 2 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
51 certain circumstances; amending s. 627.351, F.S.;
52 dispute resolution procedures under Citizens Property
53 Insurance Corporation; amending s. 627.711, F.S.;
54 requiring the office to contract with a state
55 university to design, operate, upgrade, and maintain a
56 specified database; requiring property insurers to
57 file certain policyholder forms in the database;
58 requiring the commission to adopt rules; amending s.
59 628.371, F.S.; defining the term "affiliated entity";
60 applying provisions on prohibitions against,
61 limitations on, and authority of insurers relating to
62 dividend payments and distributions to stockholders to
63 affiliated entities; providing requirements for
64 certain approvals of dividends, distributions, and
65 other financial arrangements; creating s. 628.372,
66 F.S.; providing authority of the office over affiliate
67 dividends; providing penalties; requiring the office
68 to adopt rules; amending s. 629.011, F.S.; revising
69 and providing definitions; amending s. 629.071, F.S.;
70 authorizing assessable and nonassessable reciprocal
71 insurers, rather than domestic reciprocal insurers, to
72 transact insurance if they maintain specified amounts
73 of surplus funds; amending s. 629.081, F.S.;
74 conforming a provision to changes made by the act;
75 creating s. 629.082, F.S.; providing that attorneys in
Page 3 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
76 fact of reciprocals are affiliates of the reciprocals
77 for specified purposes; creating s. 629.1015, F.S.;
78 requiring documentation supporting that fees,
79 commissions, and other financial considerations and
80 payments to affiliates by reciprocal insurers are fair
81 and reasonable; providing guidelines for the office in
82 determining whether the fees, commissions, and other
83 financial considerations and payments are fair and
84 reasonable; providing requirements for documentation
85 of such fees; amending s. 629.121, F.S.; providing
86 that certain bonds filed with the office as security
87 are filed by attorneys in fact, rather than attorneys
88 of domestic reciprocal insurers; increasing the bond
89 amount; creating s. 629.162, F.S.; authorizing
90 reciprocal insurers to require subscriber
91 contributions; providing disclosure and reporting
92 requirements for subscriber contributions; creating s.
93 629.163, F.S.; authorizing reciprocal insurers to
94 establish subscriber savings accounts; providing
95 construction; providing requirements for subscriber
96 savings accounts; creating s. 629.164, F.S.;
97 authorizing reciprocal insurers to make distributions
98 to subscribers from subscriber savings accounts;
99 granting to subscribers' advisory committees sole
100 authority to authorize distributions, subject to prior
Page 4 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
101 written approval by the office; providing requirements
102 for reciprocal insurers that prohibit subscribers from
103 receiving distributions for a specified period of
104 time; providing construction; authorizing reciprocal
105 insurers to return to subscribers unused premiums,
106 savings, and credits accruing to their accounts;
107 authorizing domestic reciprocal insurers to pay
108 portions of unassigned funds; providing distribution
109 limits; prohibiting distribution discriminations;
110 amending s. 629.171, F.S.; revising requirements for
111 filing with the office annual statements by reciprocal
112 insurers; amending s. 629.181, F.S; replacing surplus
113 deposits of subscribers with subscriber contributions;
114 providing limits on subscriber contributions; amending
115 s. 629.201, F.S.; requiring that each domestic
116 reciprocal insurer have a subscribers' advisory
117 committee; requiring that such committee be formed in
118 compliance with specified laws; requiring that rules
119 and amendments adopted by subscribers have prior
120 approval by the office; revising subscribers' advisory
121 committees' duties and membership; providing for
122 election and terms; repealing s. 629.271, F.S.,
123 relating to distribution of savings; amending s.
124 629.291, F.S.; providing that forms filed with the
125 office for plans to merge a reciprocal insurer with
Page 5 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
126 another reciprocal insurer or to convert a reciprocal
127 insurer to a stock or mutual insurer are adopted by
128 the commission rather than the office; amending s.
129 629.301, F.S.; specifying the manner in which impaired
130 reciprocal insurers are proceeded against if they
131 cannot make up deficiencies in assets; specifying the
132 manner in which assessments are levied upon
133 subscribers if reciprocal insurers are liquidated;
134 providing that assessments are subject to specified
135 limits; repealing ss. 629.401 and 629.520, F.S.,
136 relating to insurance exchange and the authority of a
137 limited reciprocal insurer, respectively; creating s.
138 629.56, F.S.; requiring reciprocal insurers to
139 maintain unearned premium reserves at all times;
140 providing applicability dates; providing effective
141 dates.
142
143 Be It Enacted by the Legislature of the State of Florida:
144
145 Section 1. Section 624.341, Florida Statutes, is created
146 to read:
147 624.341 Authority of Department of Law Enforcement to
148 accept fingerprints of, and exchange criminal history records
149 with respect to, certain persons applying to the Office of
150 Insurance Regulation.—
Page 6 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
151 (1) The Legislature finds that criminal activity of
152 insurers poses a particular danger to the residents of this
153 state. Floridians rely, in good faith, on the honest conduct of
154 those who issue and manage insurance policies and other
155 insurance instruments in this state. To safeguard this state's
156 residents, the Legislature finds it necessary to ensure that
157 organizers, incorporators, subscribers, officers, employees,
158 contractors, affiliates, stockholders, directors, owners,
159 members, managers, or volunteers, or any other persons who
160 exercise or have the ability to exercise effective control of,
161 or who influence or have the ability to influence the
162 transaction of the business of, or any other persons involved,
163 directly or indirectly, in the organization, operation, or
164 management of any insurer that is authorized to sell insurance
165 do not have a criminal background.
166 (2) The Department of Law Enforcement shall accept and
167 process fingerprints of organizers, incorporators, subscribers,
168 officers, employees, contractors, affiliates, stockholders,
169 directors, owners, members, managers, or volunteers involved,
170 directly or indirectly, in the organization, operation, or
171 management of:
172 (a) Any insurer or proposed insurer transacting or
173 proposing to transact insurance in this state.
174 (b) Any other entity that is examined or investigated or
175 that is eligible to be examined or investigated under the
Page 7 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
176 provisions of the Florida Insurance Code.
177 (c) Any other person or entity subject to licensure under
178 the Florida Insurance Code.
179 (3) A full set of fingerprints of persons described in
180 subsection (2) must be submitted to the office or to a vendor,
181 an entity, or an agency authorized by s. 943.053(13). The
182 office, vendor, entity, or agency shall forward the fingerprints
183 to the Department of Law Enforcement for state processing, and
184 the Department of Law Enforcement shall forward the fingerprints
185 to the Federal Bureau of Investigation for national processing
186 as described in s. 624.34. Fees for state and federal
187 fingerprint processing must be borne by the person submitting
188 the fingerprints. The state cost for fingerprint processing is
189 as provided in s. 943.053(3)(e).
190 (4) The Department of Law Enforcement may, to the extent
191 provided by federal law, exchange state, multistate, and federal
192 criminal history records with the office for the purpose of
193 issuance, denial, suspension, or revocation of a certificate of
194 authority, certification, or license to operate in this state.
195 (5) Fingerprints for each person described in subsection
196 (2) must be submitted in accordance with rules adopted by the
197 commission.
198 (a) Fingerprints may be submitted through a third-party
199 vendor authorized by the Department of Law Enforcement.
200 (b) The Department of Law Enforcement shall conduct the
Page 8 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
201 state criminal history background check, and a federal criminal
202 history background check shall be conducted through the Federal
203 Bureau of Investigation.
204 (c) All fingerprints submitted to the Department of Law
205 Enforcement must be submitted and entered into the statewide
206 automated fingerprint identification system established in s.
207 943.05(2)(b) and available for use in accordance with s.
208 943.05(2)(g) and (h). The office shall inform the Department of
209 Law Enforcement of any person whose fingerprints no longer must
210 be retained.
211 (d) The costs of fingerprint processing, including the
212 cost of retaining the fingerprints, must be borne by the person
213 subject to the background checks.
214 (e) The office shall review the results of the state and
215 federal criminal history background checks and determine whether
216 the applicant meets the requirements for the certificate of
217 authority, certification, or license to operate in this state.
218 (6) Statewide criminal records obtained through the
219 Department of Law Enforcement, federal criminal records obtained
220 through the Federal Bureau of Investigation, and local criminal
221 records obtained through local law enforcement agencies must be
222 used by the office for the purpose of issuance, denial,
223 suspension, or revocation of certificates of authority,
224 certifications, or licenses issued to operate in this state.
225 Section 2. Section 624.347, Florida Statutes, is created
Page 9 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
226 to read:
227 624.347 Affiliate transactions; managing general agents;
228 attorneys in fact; oversight.—
229 (1) DEFINITIONS.—As used in this section, the term:
230 (a) "Affiliated entity" means any affiliate. The term
231 includes a managing general agent, attorney in fact, and
232 reciprocal insurer when acting in a capacity that involves
233 compensation or contractual arrangements with the insurer.
234 (b) "Attorney in fact" has the same meaning as in s.
235 629.011.
236 (c) "Managing general agent" has the same meaning as in s.
237 626.015.
238 (d) "Reciprocal insurer" has the same meaning as in s.
239 629.011.
240 (2) APPLICABILITY.—This section applies to any insurer
241 that contracts with or makes payments to an affiliated entity.
242 (3) COMPENSATION ARRANGEMENTS WITH AFFILIATED ENTITIES.—
243 (a) Each insurer doing business in this state which pays,
244 directly or indirectly, a fee, commission, or other financial
245 consideration or payment to any affiliated entity must provide
246 to the office documentation demonstrating that such fee,
247 commission, or other financial consideration or payment is fair
248 and reasonable for each service being provided. In determining
249 whether the fee, commission, or other financial consideration or
250 payment is fair and reasonable, the office must consider all of
Page 10 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
251 the following:
252 1. The actual cost of each service provided by the
253 affiliated entity.
254 2. The relative financial condition of the insurer and the
255 affiliated entity.
256 3. The level of debt and how that debt is serviced.
257 4. The amount and purpose of any dividends or other
258 payments exchanged between the insurer and any affiliated
259 entity, including payments made to or received from the
260 affiliated entity, and any payments between affiliated entities.
261 5. Whether the terms of the written contract benefit the
262 insurer and are in the best interest of the insurer.
263 6. Any other information as the office reasonably requires
264 in making the determination.
265 (b) For each agreement with an affiliated entity in force
266 on July 1, 2025, each insurer shall provide to the office no
267 later than October 1, 2025, the cost incurred by the affiliated
268 entity to provide each service, the dollar amount charged to the
269 insurer for each service, and the dollar amount of fees
270 forgiven, waived, or reimbursed by the affiliated entity for the
271 2 most recent preceding years. If the total dollar amount
272 charged to the insurer was greater than the total cost to
273 provide services for either year, the insurer must explain how
274 it determined the fee was fair and reasonable. For any proposed
275 contract with an affiliated entity effective after July 1, 2025,
Page 11 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
276 the insurer must provide documentation to support that the fee,
277 commission, or other financial consideration or payment to the
278 affiliated entity is fair and reasonable.
279 (c)1. All compensation arrangements between an insurer and
280 any affiliated entity entered into on or after July 1, 2026,
281 must be structured as fee for service. As used in this
282 subparagraph, the term "fee for service" means fixed amounts or
283 hourly rates for itemized services.
284 2. Compensation may not be based on:
285 a. Commission;
286 b. Premium volume;
287 c. Underwriting profit; or
288 d. Financial results of the insurer.
289 (d) This subsection does not prohibit an insurer from
290 paying a dividend or other financial arrangement to an
291 affiliated entity if such dividend or financial arrangement is
292 separately reviewed and approved by the office pursuant to this
293 section, s. 628.372, or any other applicable law.
294 (e) An agreement between an insurer and an affiliated
295 entity must include a termination clause and may not exceed a
296 term of 3 years. Any extension of such an agreement must be
297 approved by the office before becoming effective. An agreement
298 between an insurer and an affiliated entity may include
299 provisions for extension, but may not remain in effect for
300 longer than 3 years without a review pursuant to paragraph (a)
Page 12 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
301 and approval by the office. If the agreement provides for
302 extension, the agreement must clearly state that the extension
303 is subject to approval by the office at least every 3 years.
304 (4) EMERGENCY RESTRICTIONS.—
305 (a) During a declared emergency, the office may issue
306 orders restricting fund transfers from an insurer to an
307 affiliated entity without prior approval.
308 (b) Orders under paragraph (a) may apply to all or
309 specified insurers and may not exceed 90 days unless extended by
310 the office.
311 (5) ADDITIONAL OVERSIGHT.—
312 (a) Any dividend paid by an insurer to an affiliated
313 entity must be reviewed and approved by the office, regardless
314 of whether the affiliated entity is the insurer's parent,
315 subsidiary, or otherwise related entity.
316 (b) The office may recover improper affiliated entity
317 payment transfers, including, but not limited to, both of the
318 following:
319 1. Transfers that violate the approved compensation,
320 approved dividend, or any other approved financial arrangement.
321 2. Transfers made while the insurer was undercapitalized.
322 (c) An insurer must provide notice to the office at least
323 30 days before any pledge of capital or assets to any affiliated
324 entity for a loan or financial obligation. Such notice must
325 include a description of the collateral, the nature of the
Page 13 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
326 obligation, and the parties involved. The office may reject and
327 prohibit the pledge if such financial arrangement is not in the
328 best interest of the insurer.
329 (6) ENFORCEMENT.—
330 (a) The office may impose penalties for violations of this
331 section.
332 (b) The office shall adopt rules to implement this
333 section.
334 Section 3. Subsection (13) of section 624.424, Florida
335 Statutes, is amended to read:
336 624.424 Annual statement and other information.—
337 (13) Each insurer doing business in this state which pays
338 a fee, commission, or other financial consideration or payment
339 to any affiliate directly or indirectly is required upon request
340 to provide to the office any information the office deems
341 necessary. The fee, commission, or other financial consideration
342 or payment to any affiliate must be fair and reasonable.
343 Affiliate compensation arrangements must comply with s. 624.347
344 and with the requirements of this subsection In determining
345 whether the fee, commission, or other financial consideration or
346 payment is fair and reasonable, the office shall consider, among
347 other things, the actual cost of the service being provided.
348 Section 4. Section 626.9651, Florida Statutes, is amended
349 to read:
350 626.9651 Security of consumer data Privacy.—
Page 14 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
351 (1) The department and commission shall must each adopt
352 rules consistent with other provisions of the Florida Insurance
353 Code to govern the use of a consumer's nonpublic personal
354 financial and health information. These rules must be based on,
355 consistent with, and not more restrictive than the Privacy of
356 Consumer Financial and Health Information Regulation, adopted
357 September 26, 2000, by the National Association of Insurance
358 Commissioners; however, the rules must permit the use and
359 disclosure of nonpublic personal health information for
360 scientific, medical, or public policy research, in accordance
361 with federal law. In addition, these rules must be consistent
362 with, and not more restrictive than, the standards contained in
363 Title V of the Gramm-Leach-Bliley Act of 1999, Pub. L. No. 106-
364 102, as amended in Title LXXV of the Fixing America's Surface
365 Transportation (FAST) Act, Pub. L. No. 114-94. If the office
366 determines that a health insurer or health maintenance
367 organization is in compliance with, or is actively undertaking
368 compliance with, the consumer privacy protection rules adopted
369 by the United States Department of Health and Human Services, in
370 conformance with the Health Insurance Portability and
371 Affordability Act, that health insurer or health maintenance
372 organization is in compliance with this subsection section.
373 (2) The office and the commission shall adopt rules
374 consistent with state law, including the Florida Insurance Code,
375 to ensure the cybersecurity of a consumer's nonpublic insurance
Page 15 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
376 data. These rules may not be more restrictive than the National
377 Association of Insurance Commissioners Insurance Data Security
378 Model Law, adopted as of October 2017, and subsequent amendments
379 thereto if the methodology remains substantially consistent. The
380 rules must:
381 (a) Apply to all entities acting as insurers, transacting
382 insurance, or otherwise engaging in insurance activities in this
383 state, including entities licensed under chapter 641, and any
384 entity that has been contracted to maintain, store, or process
385 personal information on behalf of a covered entity;
386 (b) Require the development and implementation of an
387 information security program as defined in the model law;
388 (c) Require investigation and notification of a
389 cybersecurity event as required under the model law;
390 (d) Require that each insurer submit to the department or
391 office all or part of the information required to be reported to
392 the department or office in a computer-readable form compatible
393 with the electronic data processing system of the department or
394 office; and
395 (e) Require that the office be copied on any notice
396 provided to the Attorney General under s. 501.171.
397 (3) Upon receiving information under this section, the
398 office shall review the information and may initiate an
399 examination or investigation under s. 624.316, s. 624.3161, or
400 s. 626.8828.
Page 16 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
401 (4) This section does not establish a private cause of
402 action.
403 Section 5. Paragraph (a) of subsection (2) of section
404 627.062, Florida Statutes, is amended to read:
405 627.062 Rate standards.—
406 (2) As to all such classes of insurance:
407 (a) Insurers or rating organizations shall establish and
408 use rates, rating schedules, or rating manuals that allow the
409 insurer a reasonable rate of return on the classes of insurance
410 written in this state. A copy of rates, rating schedules, rating
411 manuals, premium credits or discount schedules, and surcharge
412 schedules, and changes thereto, must be filed with the office
413 under one of the following procedures:
414 1. If the filing is made at least 90 days before the
415 proposed effective date and is not implemented during the
416 office's review of the filing and any proceeding and judicial
417 review, such filing is considered a "file and use" filing. In
418 such case, the office shall finalize its review by issuance of a
419 notice of intent to approve or a notice of intent to disapprove
420 within 90 days after receipt of the filing. If the 90-day period
421 ends on a weekend or a holiday under s. 110.117(1)(a)-(i), it
422 must be extended until the conclusion of the next business day.
423 The notice of intent to approve and the notice of intent to
424 disapprove constitute agency action for purposes of the
425 Administrative Procedure Act. Requests for supporting
Page 17 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
426 information, requests for mathematical or mechanical
427 corrections, or notification to the insurer by the office of its
428 preliminary findings does not toll the 90-day period during any
429 such proceedings and subsequent judicial review. The rate shall
430 be deemed approved if the office does not issue a notice of
431 intent to approve or a notice of intent to disapprove within 90
432 days after receipt of the filing.
433 2. If the filing is not made in accordance with
434 subparagraph 1., such filing must be made as soon as
435 practicable, but within 30 days after the effective date, and is
436 considered a "use and file" filing. An insurer making a "use and
437 file" filing is potentially subject to an order by the office to
438 return to policyholders those portions of rates found to be
439 excessive, as provided in paragraph (h). For purposes of this
440 subparagraph, a personal residential property insurer may not
441 submit more than three use and file filings affecting
442 policyholders within a single policy period, unless the filings
443 are exclusively related to reinsurance.
444 3. For all property insurance filings made or submitted
445 after January 25, 2007, but before May 1, 2012, an insurer
446 seeking a rate that is greater than the rate most recently
447 approved by the office shall make a "file and use" filing. For
448 purposes of this subparagraph, motor vehicle collision and
449 comprehensive coverages are not considered property coverages.
450
Page 18 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
451 The provisions of this subsection do not apply to workers'
452 compensation, employer's liability insurance, and motor vehicle
453 insurance.
454 Section 6. Subsection (2) of section 627.0621, Florida
455 Statutes, is renumbered as subsection (3), present subsection
456 (2) is amended, and a new subsection (2) is added to that
457 section, to read:
458 627.0621 Transparency in rate regulation.—
459 (2) RATE TRANSPARENCY REPORT.—
460 (a) Beginning January 1, 2026, every rate filing
461 requesting a rate change for residential property coverage from
462 a property insurer must include a rate transparency report for
463 acceptance for use or modification by the office. The office may
464 accept the rate transparency report for filing, or if the office
465 finds that the report fails to provide the required information
466 in concise and plain language which aids consumers in their
467 understanding of insurance, or finds the report to be
468 misleading, the office shall return the rate transparency report
469 to the property insurer for modification. The office's
470 acceptance for use or modification of the report may not be
471 deemed approval pursuant to s. 627.062. The report shall be
472 compiled in a uniform format prescribed by the commission and
473 must include a graphical representation identifying a percentage
474 breakdown of rating factors anticipated of the company, book, or
475 program affected by the filing.
Page 19 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
476 (b) Along with an offer of coverage and upon renewal, an
477 insurer must provide the corresponding copy of the rate
478 transparency report for the consumer's offered rate to aid
479 consumers in their understanding of insurance. If the report has
480 not been accepted for use or modified by the office, the report
481 must indicate that it is preliminary and subject to modification
482 by the office.
483 (c) The rate transparency report must include the
484 following categories of the book or program at the cumulative
485 level:
486 1. The percentage of the total rate factor associated with
487 the cost of reinsurance.
488 2. The percentage of the total rate factor associated with
489 the cost of claims.
490 3. The percentage of the total rate factor associated with
491 the defense containment and costs.
492 4. The percentage of the total rate factor associated with
493 fees and commissions.
494 5. The percentage of the rate factor associated with
495 profit and contingency of the insurer.
496 6. Any other categories deemed necessary by the office or
497 commission.
498
499 An estimated percentage of the influence of each listed factor
500 must be provided to equal 100 percent.
Page 20 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
501 (d) The insurer shall provide the rate transparency report
502 to the office upon the filing of a rate change with the office.
503 (e) The rate transparency report must also include the
504 following information:
505 1. Any major adverse findings by the office for the
506 previous 3 calendar years.
507 2. Whether the insurer uses affiliated entities to perform
508 functions of the insurer.
509 3. Contact information, to include a telephone number,
510 hours of service, and e-mail address for the Division of
511 Consumer Services of the department.
512 4. Contact information for the office.
513 5. Address for the website for public access to rate
514 filing and affiliate information outlined in subsection (3).
515 6. Any changes in the total insured value from the last
516 policy period.
517 (f) The office shall define, in concise and plain
518 language, any terms used with the rate transparency report to
519 aid consumers in their understanding of insurance.
520 (3)(2) WEBSITE FOR PUBLIC ACCESS TO RATE FILING
521 INFORMATION.—
522 (a) The office shall establish and maintain a
523 comprehensive resource center on its website that uses concise
524 and plain language to aid consumers in their understanding of
525 insurance. The website must include substantive information on
Page 21 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
526 the current and historical dynamics of the market, data
527 concerning the financial condition and market conduct of
528 insurance companies available to consumers, and choices
529 available to consumers. At a minimum, the website must contain
530 the following:
531 1. Reports, using graphical information wherever possible,
532 which outline information about the state of the market and
533 adverse and positive trends affecting it.
534 2. Tools that aid consumers in finding insurers.
535 3. Tools that aid consumers in selecting the coverages
536 beneficial to them.
537 4. Information about mitigation credits and the My Safe
538 Florida Home Program, as well as other credits insurers may
539 offer beyond wind mitigation.
540 5. Access to the rate transparency report, annual
541 statements, market conduct information, and other information
542 related to each insurer.
543 6. Information on the Citizens Property Insurance
544 Corporation takeout process, the clearinghouse, and general
545 information as reported by the office.
546 7.(a) With respect to any residential property rate
547 filing, the office shall provide the following information on a
548 publicly accessible Internet website:
549 a.1. The overall rate change requested by the insurer.
550 b.2. The rate change approved by the office along with all
Page 22 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
551 of the actuary's assumptions and recommendations forming the
552 basis of the office's decision.
553 c.3. Certification by the office's actuary that, based on
554 the actuary's knowledge, his or her recommendations are
555 consistent with accepted actuarial principles.
556 d. Whether the insurer uses affiliated entities to perform
557 administrative, claims handling, or other functions of the
558 insurer and, if so, the total percentage of direct written
559 premium paid to the affiliated entities by the insurer in the
560 preceding annual calendar year.
561 (b) For any rate filing, regardless of whether or not the
562 filing is subject to a public hearing, the office shall provide
563 on its website a means for any policyholder who may be affected
564 by a proposed rate change to send an e-mail regarding the
565 proposed rate change. Such e-mail must be accessible to the
566 actuary assigned to review the rate filing.
567 (c) The statewide average requested rate change and final
568 approved statewide average rate change within a filing is not a
569 trade secret as defined in s. 688.002 or s. 812.081(1) and is
570 not subject to the public records exemption for trade secrets
571 provided in s. 119.0715 or s. 624.4213.
572 (d) County rating examples submitted to the office through
573 the rate collection system for the purposes of displaying rates
574 on the office website are not a trade secret as defined in s.
575 688.002 or s. 812.081(1) and are not subject to the public
Page 23 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
576 records exemption for trade secrets provided in s. 119.0715 or
577 s. 624.4213.
578 Section 7. Paragraph (b) of subsection (3) of section
579 627.0645, Florida Statutes, is amended to read:
580 627.0645 Annual filings.—
581 (3) The filing requirements of this section shall be
582 satisfied by one of the following methods:
583 (b) If no rate change is proposed, a filing which consists
584 of a certification by an actuary that the existing rate level
585 produces rates which are actuarially sound and which are not
586 inadequate, as defined in s. 627.062. However, for residential
587 property and private passenger motor vehicle insurers, a full
588 rate filing is required after 2 consecutive years of
589 certification under this paragraph.
590 Section 8. Paragraph (b) of subsection (1) of section
591 627.0651, Florida Statutes, is amended to read:
592 627.0651 Making and use of rates for motor vehicle
593 insurance.—
594 (1) Insurers shall establish and use rates, rating
595 schedules, or rating manuals to allow the insurer a reasonable
596 rate of return on motor vehicle insurance written in this state.
597 A copy of rates, rating schedules, and rating manuals, and
598 changes therein, shall be filed with the office under one of the
599 following procedures:
600 (b) If the filing is not made in accordance with the
Page 24 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
601 provisions of paragraph (a), such filing shall be made as soon
602 as practicable, but no later than 30 days after the effective
603 date, and shall be considered a "use and file" filing. An
604 insurer making a "use and file" filing is potentially subject to
605 an order by the office to return to policyholders portions of
606 rates found to be excessive, as provided in subsection (11). For
607 purposes of this paragraph, an insurer may not submit more than
608 one "use and file" filing impacting policyholders within a
609 single policy period.
610 Section 9. Paragraph (ll) of subsection (6) of section
611 627.351, Florida Statutes, is amended to read:
612 627.351 Insurance risk apportionment plans.—
613 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
614 (ll)1. In addition to any other method of alternative
615 dispute resolution authorized by state law, the corporation may
616 adopt policy forms that provide an option for the insured to
617 select, at the time of entering into the policy or upon renewal,
618 to have disputes regarding the corporation’s claim
619 determinations for the resolution of disputes regarding its
620 claim determinations, including disputes regarding coverage for,
621 or the scope and value of, a claim, resolved through arbitration
622 in a proceeding before the Division of Administrative Hearings.
623 Each insured must be notified in writing, at the time of
624 entering into a policy with the corporation and upon each
625 renewal, that the insured must decide whether to resolve
Page 25 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
626 disputes through arbitration before the Division of
627 Administrative Hearings. Such notification must be in at least
628 12-point boldfaced type, immediately preceding the insured’s
629 signature in substantially the following form:
630
631 AN INSURED MUST CHOOSE AT THE TIME OF ENTERING INTO THIS POLICY
632 OR UPON RENEWAL WHETHER TO RESOLVE DISPUTES THROUGH ARBITRATION
633 BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS. THE INSURED MUST
634 INDICATE THIS SELECTION BY MARKING ‘ACCEPT’ OR ‘DECLINE’ BELOW.
635 THIS DECISION CANNOT BE CHANGED DURING THE TERM OF THE POLICY.
636
637 Any such policies are not subject to s. 627.70154. All
638 arbitrations before proceedings in the Division of
639 Administrative Hearings pursuant to such policies are subject to
640 ss. 57.105 and 768.79 as if filed in the courts of this state
641 and are not considered chapter 120 administrative proceedings.
642 Rule 1.442, Florida Rules of Civil Procedure, applies to any
643 offer served pursuant to s. 768.79, except that, notwithstanding
644 any provision in Rule 1.442, Florida Rules of Civil Procedure,
645 to the contrary, an offer shall not be served earlier than 10
646 days after filing the request for hearing with the Division of
647 Administrative Hearings and shall not be served later than 10
648 days before the date set for the final hearing. The
649 administrative law judge in such arbitrations proceedings shall
650 award attorney fees and other relief pursuant to ss. 57.105 and
Page 26 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
651 768.79. The corporation may not seek, and the office may not
652 approve, a maximum hourly rate for attorney fees.
653 2. The corporation may contract with the division to
654 conduct proceedings to resolve disputes regarding its claim
655 determinations as may be provided for in the applicable policies
656 of insurance. This subparagraph expires July 1, 2025.
657 Section 10. Paragraphs (c), (d), and (e) are added to
658 subsection (2) of section 627.711, Florida Statutes, to read:
659 627.711 Notice of premium discounts for hurricane loss
660 mitigation; uniform mitigation verification inspection form.—
661 (2)
662 (c) The office shall contract with a state university to
663 design, operate, upgrade, and maintain a statewide database for
664 uniform mitigation verification inspection forms. This database
665 must be managed by the office to collect and evaluate mitigation
666 features of residential properties within the state.
667 (d) Beginning January 1, 2026, each insurer shall
668 electronically file a copy of uniform mitigation inspection
669 forms submitted by policyholders in the database created
670 pursuant to paragraph (c) within 15 business days after receipt
671 using the electronic format prescribed by the office.
672 (e) The Financial Services Commission shall adopt rules to
673 implement this subsection.
674 Section 11. Section 628.371, Florida Statutes, is amended
675 to read:
Page 27 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
676 628.371 Dividends to stockholders.—
677 (1) As used in this section, the term "affiliated entity"
678 has the same meaning as in s. 624.347(1).
679 (2)(1) A domestic stock insurer or an affiliated entity
680 shall not pay any dividend or distribute cash or other property
681 to stockholders except out of that part of its available and
682 accumulated surplus funds which is derived from realized net
683 operating profits on its business and net realized capital
684 gains.
685 (3)(2) Dividend payments or distributions to stockholders,
686 without prior written approval of the office, shall not exceed
687 the larger of:
688 (a) The lesser of 10 percent of surplus or net gain from
689 operations (life and health companies) or net income (property
690 and casualty companies), not including realized capital gains,
691 plus a 2-year carryforward for property and casualty companies;
692 (b) Ten percent of surplus, with dividends payable
693 constrained to unassigned funds minus 25 percent of unrealized
694 capital gains;
695 (c) The lesser of 10 percent of surplus or net investment
696 income (net gain before capital gains for life and health
697 companies) plus a 3-year carryforward (2-year carryforward for
698 life and health companies) with dividends payable constrained to
699 unassigned funds minus 25 percent of unrealized capital gains.
700 (4)(3) In lieu of the provisions in subsection (3) (2), an
Page 28 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
701 insurer or an affiliated entity may pay a dividend or make a
702 distribution without the prior written approval of the office
703 when:
704 (a) The dividend is equal to or less than the greater of:
705 1. Ten percent of the insurer's or the affiliated entity's
706 surplus as to policyholders derived from realized net operating
707 profits on its business and net realized capital gains; or
708 2. The insurer's or the affiliated entity's entire net
709 operating profits and realized net capital gains derived during
710 the immediately preceding calendar year; and
711 (b) The insurer or the affiliated entity will have surplus
712 as to policyholders equal to or exceeding 115 percent of the
713 minimum required statutory surplus as to policyholders after the
714 dividend or distribution is made; and
715 (c) The insurer or the affiliated entity has filed notice
716 with the office at least 10 business days before prior to the
717 dividend payment or distribution, or such shorter period of time
718 as approved by the office on a case-by-case basis. Such notice
719 shall not create a right in the office to approve or disapprove
720 a dividend otherwise properly payable hereunder; and
721 (d) The notice includes a certification by an officer of
722 the insurer or the affiliated entity attesting that after
723 payment of the dividend or distribution the insurer or the
724 affiliated entity will have at least 115 percent of required
725 statutory surplus as to policyholders.
Page 29 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
726 (5)(4) The office shall not approve a dividend or
727 distribution in excess of the maximum amount allowed in
728 subsection (2) (1) unless, considering the following factors, it
729 determines that the distribution or dividend would not
730 jeopardize the financial condition of the insurer or the
731 affiliated entity:
732 (a) The liquidity, quality, and diversification of the
733 insurer's assets and the effect on its ability to meet its
734 obligations.
735 (b) Reduction of investment portfolio and investment
736 income.
737 (c) Effects on the written premium to surplus ratios as
738 required by the Florida Insurance Code.
739 (d) Industrywide financial conditions.
740 (e) Prior dividend distributions of the insurer or the
741 affiliated entity.
742 (f) Whether the dividend is only a "pass-through" dividend
743 from a subsidiary of the insurer or the affiliated entity.
744 (6)(5) A dividend or distribution by a not-for-profit
745 insurance company subsidiary to its mutual insurance holding
746 company, directly or indirectly through one or more intermediate
747 holding companies, pursuant to part III of this chapter, which
748 meets the requirements of this section and which applies to a
749 stock insurer, is permitted under this section.
750 (7) Approval of a dividend, distribution, or other
Page 30 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
751 financial arrangement under this section must comply with the
752 requirements of s. 624.347.
753 Section 12. Section 628.372, Florida Statutes, is created
754 to read:
755 628.372 Authority over affiliate dividends.—
756 (1) The office has oversight and regulatory authority over
757 the issuance of dividends or other financial arrangements paid
758 to an affiliate.
759 (2) There may be no declaration or distribution of such
760 dividends or other financial arrangements without prior approval
761 of the office.
762 (3) Dividends and other financial arrangements must comply
763 with the requirements of s. 624.347.
764 (4) Any unauthorized dividend, distribution, or other
765 financial arrangement may result in penalties determined by the
766 office.
767 (5) The office must adopt rules to implement this section.
768 Section 13. Subsection (5) of section 629.011, Florida
769 Statutes, is amended, and subsections (6), (7), and (8) are
770 added to that section, to read:
771 629.011 Definitions.—As used in this part, the term:
772 (4) "Distribution" means any transfer of money from the
773 reciprocal insurer to subscribers other than for the payment of
774 a claim, settlement of a legal dispute, or return of principle.
775 (6)(5) "Reciprocal insurer" means an unincorporated
Page 31 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
776 aggregation of subscribers operating individually and
777 collectively through an attorney in fact to provide reciprocal
778 insurance among themselves.
779 (a) An assessable reciprocal insurer is a reciprocal
780 insurer that is able to levy an assessment on its subscribers to
781 make up any shortfall in capital and surplus to cover claims and
782 expenses as specified in s. 629.231.
783 (b) A nonassessable reciprocal insurer is a reciprocal
784 insurer authorized under s. 629.091(3) or s. 629.291(5) to issue
785 policies where there is no recourse against subscribers for any
786 shortfall in capital and surplus to cover claims and expenses.
787 (7) "Subscriber contribution" means any transfer of money
788 by a subscriber of a reciprocal insurer to the reciprocal
789 insurer in excess of the premium approved by the office, when
790 such money is counted as surplus for the reciprocal insurer or
791 used to pay surplus notes.
792 (8) "Subscriber savings account" means any account in
793 which a reciprocal insurer assigns money for the benefit of an
794 individual subscriber, other than accounts holding money for the
795 payment of a specific claim by or settlement of a specific legal
796 dispute with that individual subscriber.
797 (9) "Subscribers' advisory committee" means the committee
798 of a domestic reciprocal insurer which is formed in compliance
799 with s. 629.201 and represents the interests of the subscribers.
800 Section 14. Section 629.071, Florida Statutes, is amended
Page 32 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
801 to read:
802 629.071 Surplus funds required.—
803 (1) An assessable A domestic reciprocal insurer hereunder
804 formed, if it has otherwise complied with the applicable
805 provisions of this code, may be authorized to transact insurance
806 if it has and thereafter maintains surplus funds of not less
807 than $3 million $250,000.
808 (2) A nonassessable reciprocal insurer, if it has
809 otherwise complied with the applicable provisions of this code,
810 may be authorized to transact insurance if it has and thereafter
811 maintains a surplus as to policyholders which is equal to that
812 required under s. 624.408 for a domestic stock insurer
813 authorized to transact like kinds of insurance In addition to
814 the surplus required to be maintained under subsection (1), the
815 insurer shall have, when first so authorized, an expendable
816 surplus of not less than $750,000.
817 Section 15. Effective upon this act becoming a law,
818 subsection (3) of section 629.081, Florida Statutes, is amended
819 to read:
820 629.081 Organization of reciprocal insurer.—
821 (3) The filing must be accompanied by the application fee
822 required by s. 624.501(1)(a).
823 Section 16. Section 629.082, Florida Statutes, is created
824 to read:
825 629.082 Reciprocal affiliates.—The attorney in fact of a
Page 33 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
826 reciprocal insurer is an affiliated entity of the reciprocal for
827 purposes of s. 624.10.
828 Section 17. Section 629.1015, Florida Statutes, is created
829 to read:
830 629.1015 Affiliate fees.—
831 (1) Each reciprocal insurer doing business in this state
832 which pays a fee, commission, or other financial consideration
833 or payment to any affiliate directly or indirectly must provide
834 to the office documentation supporting that such fee,
835 commission, or other financial consideration or payment to any
836 affiliate is fair and reasonable for each service being provided
837 by contract. In determining whether the fee, commission, or
838 other financial consideration or payment is fair and reasonable,
839 the office must consider the following:
840 (a) The actual cost of each service provided by an
841 affiliate;
842 (b) The relative financial condition of the reciprocal
843 insurer and of the attorney in fact;
844 (c) The level of debt and how that debt is serviced;
845 (d) The amount of dividends paid by the attorney in fact
846 and its affiliates and for what purpose;
847 (e) Whether the terms of the written contract benefit the
848 reciprocal insurer and are in the best interest of the
849 subscribers; and
850 (f) Any other such information as the office reasonably
Page 34 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
851 requires in making this determination.
852 (2) For each agreement with an affiliate in force on July
853 1, 2025, each domestic reciprocal insurer shall provide to the
854 office no later than October 1, 2025, the cost incurred by the
855 affiliate to provide each service, the amount charged to the
856 domestic reciprocal insurer for each service, and the dollar
857 amount of fees forgiven, waived, or reimbursed by the affiliate
858 for the 2 most recent preceding years. If the total dollar
859 amount charged to the domestic reciprocal insurer was greater
860 than the total cost to provide services for either year, the
861 domestic reciprocal insurer must explain how it determined the
862 fee was fair and reasonable. For any proposed contract with an
863 affiliate effective after July 1, 2025, the domestic reciprocal
864 insurer must provide documentation to support that the fee,
865 commission, or other financial consideration or payment to the
866 affiliate is fair and reasonable.
867 Section 18. Section 629.121, Florida Statutes, is amended
868 to read:
869 629.121 Attorney in fact Attorney's bond.—
870 (1) Concurrently with the filing of the declaration
871 provided for in s. 629.081, the attorney in fact of a domestic
872 reciprocal insurer shall file with the office a bond in favor of
873 this state for the benefit of all persons damaged as a result of
874 breach by the attorney in fact of the conditions of his or her
875 bond as set forth in subsection (2). The bond shall be executed
Page 35 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
876 by the attorney in fact and by an authorized corporate surety
877 and shall be subject to the approval of the office.
878 (2) The bond shall be in the sum of $300,000 $100,000,
879 aggregate in form, the bond conditioned that the attorney in
880 fact will faithfully account for all moneys and other property
881 of the insurer coming into his or her hands, and that he or she
882 will not withdraw or appropriate to his or her own use from the
883 funds of the insurer any moneys or property to which he or she
884 is not entitled under the power of attorney.
885 (3) The bond shall provide that it is not subject to
886 cancellation unless 30 days' advance notice in writing of
887 cancellation is given both the attorney in fact and the office.
888 Section 19. Section 629.162, Florida Statutes, is created
889 to read:
890 629.162 Subscriber contributions.—
891 (1) Reciprocal insurers may, subject to prior approval by
892 the office, require contributions from subscribers in addition
893 to premiums approved by the office.
894 (2) A reciprocal insurer shall clearly disclose required
895 subscriber contributions on the declarations page of any policy
896 issued by the reciprocal insurer, separate from any cost
897 associated with the premium.
898 (3) Reciprocal insurers must provide subscribers an annual
899 report detailing how each dollar of subscriber contributions was
900 allocated or spent.
Page 36 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
901 Section 20. Section 629.163, Florida Statutes, is created
902 to read:
903 629.163 Subscriber savings accounts.—
904 (1) Reciprocal insurers may establish subscriber savings
905 accounts.
906 (2) Moneys assigned to subscriber savings accounts are not
907 considered distributions under s. 629.164.
908 (3) Subscriber savings accounts are subject to the
909 following requirements:
910 (a) Reciprocal insurers must inform each subscriber, in
911 writing, of the limitations and restrictions imposed upon the
912 use or possession of moneys assigned to subscriber savings
913 accounts.
914 (b) Reciprocal insurers must inform each subscriber, in
915 writing, of the procedures used to assign moneys to subscriber
916 savings accounts and any calculations used to determine the
917 amount of moneys to be assigned to subscriber savings accounts.
918 (c) Advertisements marketing the benefits of subscriber
919 savings accounts must note the limitations and restrictions
920 imposed upon the use or possession of moneys assigned to
921 subscriber savings accounts.
922 (d) Upon cancellation or nonrenewal of a subscriber's
923 policy or policies, the subscriber is entitled, within 60 days,
924 to all moneys assigned to the subscriber's savings account,
925 except when such moneys are otherwise allocated by law or
Page 37 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
926 contract, or when such assignment is prohibited by order of the
927 office.
928 Section 21. Section 629.164, Florida Statutes, is created
929 to read:
930 629.164 Subscriber distributions.—
931 (1) Reciprocal insurers may make distributions to
932 subscribers from their subscriber savings accounts.
933 (2) The subscribers' advisory committee shall have the
934 sole authority to authorize distributions, subject to prior
935 written approval by the office.
936 (3) Any reciprocal insurer that otherwise authorizes
937 distributions but prohibits subscribers from receiving
938 distributions for a specified period of time, including after
939 initial subscription, must renew the subscriber's policy for
940 that period of time plus 1 additional policy year. This
941 subsection does not prohibit the cancellation or nonrenewal of a
942 policy pursuant to s. 624.4133 or by order of the office.
943 (4) A reciprocal insurer may return to its subscribers any
944 unused premiums, savings, or credits accruing to their accounts.
945 Such distribution may not unfairly discriminate between classes
946 of risks or policies, or between subscribers, but may vary as to
947 classes of subscribers based on the experience of the classes.
948 (5) In addition to the option provided in subsection (4),
949 a domestic reciprocal insurer may, upon the prior written
950 approval of the office, pay to its subscribers a portion of
Page 38 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
951 unassigned funds of up to 10 percent of surplus, with
952 distribution limited to 50 percent of net income from the
953 previous calendar year. Such distribution may not unfairly
954 discriminate between classes of risks or policies, or between
955 subscribers, but may vary as to classes of subscribers based on
956 the experience of the classes.
957 (6) Distributions and other financial arrangements must
958 comply with the requirements of s. 624.347.
959 Section 22. Section 629.171, Florida Statutes, is amended
960 to read:
961 629.171 Annual statement.—
962 (1) The subscribers' advisory committee shall procure an
963 audited annual statement of the accounts and records of the
964 insurer and the attorney in fact. The statement of the insurer
965 must be prepared by an independent auditor at the expense of the
966 reciprocal insurer and must be available for inspection by any
967 subscriber. The statement of the attorney in fact must be
968 prepared by an independent auditor at the expense of the
969 attorney in fact.
970 (2)(1) The annual statement filing of a reciprocal insurer
971 must shall be submitted made and filed by its attorney in fact.
972 (3)(2) The audited statement of the attorney in fact must
973 shall be submitted with the annual statement filing of the
974 reciprocal insurer, as required under s. 624.424, and
975 supplemented by such information as may be required by the
Page 39 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
976 office relative to the affairs and transactions of the attorney
977 in fact relating insofar as they relate to the reciprocal
978 insurer.
979 Section 23. Subsection (1) of section 629.181, Florida
980 Statutes, is amended to read:
981 629.181 Financial condition; method of determining.—In
982 determining the financial condition of a reciprocal insurer, the
983 office shall apply the following rules:
984 (1) Subscriber contributions are The surplus deposits of
985 subscribers shall be allowed as assets, except that any premium
986 deposits delinquent for 90 days must shall first be charged
987 against such subscriber contributions. Subscriber contributions
988 may not exceed 2 percent of each individual subscribers' policy
989 premium for a nonassessable reciprocal insurer and 10 percent of
990 each individual subscribers' policy premium for an assessable
991 reciprocal insurer surplus deposit.
992 Section 24. Section 629.201, Florida Statutes, is amended
993 to read:
994 629.201 Subscribers' advisory committee.—Each domestic
995 reciprocal insurer must have a subscribers' advisory committee
996 representing the interests of the subscribers.
997 (1) The subscribers' advisory committee of a domestic
998 reciprocal insurer exercising the subscribers' rights must shall
999 be formed in compliance with this section and selected under
1000 such rules as the subscribers adopt. Such rules, along with any
Page 40 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
1001 amendments, must be approved by the office before becoming
1002 effective.
1003 (2) Not less than two-thirds of such committee shall be
1004 subscribers other than the attorney, or any person employed by,
1005 representing, or having a financial interest in the attorney.
1006 (2)(3) The subscribers' advisory committee shall perform
1007 all of the following duties:
1008 (a) Supervise the finances of the insurer.;
1009 (b) Supervise the insurer's operations to such extent as
1010 to ensure assure conformity with the subscribers' agreement, and
1011 power of attorney, and other governing documents.;
1012 (c) Hire independent auditors, counsel, and other experts
1013 at the expense of the insurer as necessary to fulfill the
1014 committee's duties. Procure the audit of the accounts and
1015 records of the insurer and of the attorney at the expense of the
1016 insurer; and
1017 (d) Exercise any Have such additional powers and functions
1018 as may be conferred by the subscribers' agreement.
1019 (3) The initial subscribers' advisory committee must be
1020 appointed by the original subscribers or the attorney in fact.
1021 Within 6 months after the reciprocal insurer is authorized to
1022 transact insurance, at least two-thirds of the committee members
1023 must be elected as provided for in subsections (4) and (5).
1024 (4) The subscribers' advisory committee must be composed
1025 of subscribers of the reciprocal insurer. At least two-thirds of
Page 41 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
1026 the subscribers' advisory committee must be composed of
1027 subscribers who are independent of, not employed by, not
1028 representing, not selected by, and without any financial
1029 interest in the attorney in fact. The independent subscribers
1030 must be elected by the subscribers of the reciprocal insurer.
1031 (5) Any rules governing the election of subscribers to the
1032 subscribers' advisory committee require all of the following:
1033 (a) An electorate composed exclusively of all subscribers
1034 of the reciprocal insurer.
1035 (b) Terms of not more than 5 years.
1036 (c) A process that allows subscribers to nominate other
1037 subscribers for election to the subscribers' advisory committee.
1038 (6) If a reciprocal insurer has more than 50 subscribers,
1039 the attorney in fact must provide a platform by which
1040 subscribers can communicate with each other regarding the
1041 subscribers' advisory committee election process.
1042 Section 25. Section 629.271, Florida Statutes, is
1043 repealed.
1044 Section 26. Effective upon this act becoming a law,
1045 subsections (1) and (2) of section 629.291, Florida Statutes,
1046 are amended to read:
1047 629.291 Merger or conversion.—
1048 (1) A reciprocal insurer, upon affirmative vote of not
1049 less than two-thirds of its subscribers who vote on such merger
1050 or conversion pursuant to due notice, and subject to approval by
Page 42 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
1051 the office of the terms therefor, may merge with another
1052 reciprocal insurer or be converted to a stock or mutual insurer,
1053 to be thereafter governed by the applicable sections of the
1054 Florida Insurance Code. However, a domestic stock insurer may
1055 not convert to a reciprocal insurer.
1056 (2) A plan to merge a reciprocal insurer with another
1057 reciprocal insurer or for conversion of the reciprocal insurer
1058 to a stock or mutual insurer must be filed with the office on
1059 forms adopted by the commission office and must contain such
1060 information as the office reasonably requires to evaluate the
1061 transaction.
1062 Section 27. Section 629.301, Florida Statutes, is amended
1063 to read:
1064 629.301 Impaired reciprocal insurers.—
1065 (1) If the assets of a domestic reciprocal insurer are at
1066 any time insufficient to discharge its liabilities, other than
1067 any liability on account of funds contributed by the attorney in
1068 fact or others, and to maintain the required surplus, its
1069 attorney in fact must immediately forthwith make up the
1070 deficiency or levy an assessment upon the subscribers for the
1071 amount needed to make up the deficiency, but subject to the
1072 limitation set forth in the power of attorney or policy.
1073 (2) If the attorney in fact fails to make up such
1074 deficiency or to make the assessment within 30 days after the
1075 office orders the attorney in fact him or her to do so, or if
Page 43 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
1076 the deficiency is not fully made up within 60 days after the
1077 date the assessment was made, the insurer is deemed insolvent
1078 and must be proceeded against in the same manner as any other
1079 insurer under chapter 631 and the insurance as authorized by
1080 this code.
1081 (3) If liquidation of a reciprocal such an insurer is
1082 ordered, the receiver must levy an assessment shall be levied
1083 upon the subscribers an assessment for such an amount as the
1084 receiver determines to be necessary to discharge all liabilities
1085 of the insurer. The liabilities must be, subject to limits as
1086 provided by this chapter, as the office determines to be
1087 necessary to discharge all liabilities of the insurer, exclusive
1088 of any funds contributed by the attorney in fact or other
1089 persons, but inclusive of including the reasonable cost of the
1090 liquidation. The assessment is subject to any limits set forth
1091 in the power of attorney, the subscribers’ agreement, the
1092 policy, or this chapter.
1093 Section 28. Section 629.401, Florida Statutes, is
1094 repealed.
1095 Section 29. Section 629.520, Florida Statutes, is
1096 repealed.
1097 Section 30. Section 629.56, Florida Statutes, is created
1098 to read:
1099 629.56 Unearned premium reserves.—A reciprocal insurer
1100 must maintain an unearned premium reserve at all times and as
Page 44 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
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
PCS for HB 1429 2025
1101 required under s. 625.051.
1102 Section 31. Reciprocal insurers licensed before July 1,
1103 2025, have until July 1, 2026, to comply with the changes made
1104 to subscribers' advisory committees in s. 629.201, Florida
1105 Statutes. Reciprocal insurers licensed before July 1, 2025, have
1106 until July 1, 2027, to comply with the changes made to unearned
1107 premium reserve requirements imposed under s. 629.56, Florida
1108 Statutes.
1109 Section 32. Except as otherwise expressly provided in this
1110 act and except for this section, which shall take effect upon
1111 this act becoming a law, this act shall take effect July 1,
1112 2025.
Page 45 of 45
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1429
File and source
- File
- 2025-04-03_3289_insurance-banking-subcommittee_meeting-packets_fn-ibs-4-3-25.pdf
- Size
- 4,236,992 bytes
- SHA-256
- 6cf9c80fcf96c7ea727d6732b0c2394a47d3f80df981b00e5962df47e23dab09
- Original
- No public link identified.