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PCS for HB 643 (2025): An act relating to residual market insurers

Summary

PCS for HB 643 2025 is a bill to be entitled an act relating to residual market insurers. The title digest covers sufficient evidence to demonstrate an insurance claim for purposes of a bad faith action, removal of the definition of "diligent effort" from the Surplus Lines Law, and removal of the diligent effort requirements for coverage to be eligible for export. It also amends dispute resolution procedures under Citizens Property Insurance Corporation. In that part, the corporation may not seek, and the office may not approve, a maximum hourly rate for attorney fees, and Section 4 provides that the act takes effect July 1, 2025.

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“PCS for HB 643 (2025): An act relating to residual market insurers.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3289-insurance-banking-subcommittee-proposed-committee-bills-pcbs-1a883ac38c/, SHA-256 e0ef7791bf476eba5b52273a096eb75562a776fcd783bb1fa126597136705361.

Full text

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           PCS for HB 643                                                                                       2025




    1                                         A bill to be entitled
    2              An act relating to residual market insurers; amending
    3              s. 624.155, F.S.; sufficient evidence to demonstrate
    4              an insurance claim for purposes of a bad faith action;
    5              clarifying the requirement of sufficient evidence;
    6              amending s. 626.914, F.S.; removing the definition of
    7              the term "diligent effort"; amending s. 626.916, F.S.;
    8              removing the diligent effort and other requirements
    9              for insurance coverage to be eligible for export;
10                 providing presumption of being informed and of knowing
11                 of certain insurance coverage under specified
12                 circumstances; amending s. 627.351, F.S.; dispute
13                 resolution procedures under Citizens Property
14                 Insurance Corporation; providing an effective date.
15
16         Be It Enacted by the Legislature of the State of Florida:
17
18                 Section 1.         Subsection (4) of section 626.914, Florida
19         Statutes, is amended to read:
20                 626.914       Definitions.—As used in this Surplus Lines Law,
21         the term:
22                 (4)      "Diligent effort" means seeking coverage from and
23         having been rejected by at least three authorized insurers
24         currently writing this type of coverage and documenting these
25         rejections. However, if the residential structure has a dwelling

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        PCS for HB 643                                                                                       2025




26      replacement cost of $700,000 or more, the term means seeking
27      coverage from and having been rejected by at least one
28      authorized insurer currently writing this type of coverage and
29      documenting this rejection.
30              Section 2.         Section 626.916, Florida Statutes, is amended
31      to read:
32              626.916       Eligibility for export.—
33              (1)      No insurance coverage shall be eligible for export
34      unless it meets all of the following conditions:
35              (a)      The coverage must be of a kind or class not generally
36      available from authorized insurers transacting insurance in this
37      state. The full amount of insurance required must not be
38      procurable, after a diligent effort has been made by the
39      producing agent to do so, from among the insurers authorized to
40      transact and actually writing that kind and class of insurance
41      in this state, and the amount of insurance exported shall be
42      only the excess over the amount so procurable from authorized
43      insurers. Surplus lines agents must obtain a statement verify
44      that a diligent effort has been made by requiring a properly
45      documented statement of diligent effort from the retail or
46      producing agent that the coverage is not available from
47      authorized insurers. However, to be in compliance with the
48      diligent effort requirement, the surplus lines agent's reliance
49      must be reasonable under the particular circumstances
50      surrounding the export of that particular risk. Reasonableness

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        PCS for HB 643                                                                                       2025




51      shall be assessed by taking into account factors which include,
52      but are not limited to, a regularly conducted program of
53      verification of the information provided by the retail or
54      producing agent. Declinations must be documented on a risk-by-
55      risk basis. If it is not possible to obtain the full amount of
56      insurance required by layering the risk, it is permissible to
57      export the full amount.
58              (b)      The premium rate at which the coverage is exported
59      shall not be lower than that rate applicable, if any, in actual
60      and current use by a majority of the authorized insurers for the
61      same coverage on a similar risk.
62              (c)      The policy or contract form under which the insurance
63      is exported shall not be more favorable to the insured as to the
64      coverage or rate than under similar contracts on file and in
65      actual current use in this state by the majority of authorized
66      insurers actually writing similar coverages on similar risks;
67      except that a coverage may be exported under a unique form of
68      policy designed for use with respect to a particular subject of
69      insurance if a copy of such form is filed with the office by the
70      surplus lines agent desiring to use the same and is subject to
71      the disapproval of the office within 10 days of filing such form
72      exclusive of Saturdays, Sundays, and legal holidays if it finds
73      that the use of such special form is not reasonably necessary
74      for the principal purposes of the coverage or that its use would
75      be contrary to the purposes of this Surplus Lines Law with

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         PCS for HB 643                                                                                       2025




76       respect to the reasonable protection of authorized insurers from
77       unwarranted competition by unauthorized insurers.
78               (d)      Except as to extended coverage in connection with fire
79       insurance policies and except as to windstorm insurance, the
80       policy or contract under which the insurance is exported shall
81       not provide for deductible amounts, in determining the existence
82       or extent of the insurer's liability, other than those available
83       under similar policies or contracts in actual and current use by
84       one or more authorized insurers.
85               (e)      The insured has signed or otherwise provided
86       documented acknowledgment of a disclosure in substantially the
87       following form: "You are agreeing to place coverage in the
88       surplus lines market. Coverage may be available in the admitted
89       market. Persons insured by surplus lines carriers are not
90       protected under the Florida Insurance Guaranty Act with respect
91       to any right of recovery for the obligation of an insolvent
92       unlicensed insurer." If the acknowledgment of the disclosure is
93       signed by the insured, the insured is presumed to have been
94       informed and to know that other coverage may be available.
95               Section 3.         Paragraph (ll) of subsection (6) of section
96       627.351, Florida Statutes, is amended to read:
97               627.351       Insurance risk apportionment plans.—
98               (6)      CITIZENS PROPERTY INSURANCE CORPORATION.—
99               (ll)1.       In addition to any other method of alternative
100      dispute resolution authorized by state law, the corporation may

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         PCS for HB 643                                                                                       2025




101      adopt policy forms that provide an option for the insured to
102      select, at the time of entering into the policy or upon renewal,
103      to have disputes regarding the corporation’s claim
104      determinations for the resolution of disputes regarding its
105      claim determinations, including disputes regarding coverage for,
106      or the scope and value of, a claim, resolved in a proceeding
107      before the Division of Administrative Hearings. Each insured
108      must be notified in writing, at the time of entering into a
109      policy with the corporation and upon each renewal, that they
110      must decide whether to resolve disputes through arbitration
111      before the Division of Administrative Hearings. Such
112      notification must be included, in boldfaced 12-point type
113      immediately preceding the insured’s signature, in the following
114      statement:
115
116              “AN INSURED MUST CHOOSE AT THE TIME OF ENTERING INTO THIS
117              POLICY OR UPON RENEWAL WHETHER TO RESOLVE DISPUTES THROUGH
118              ARBITRATION BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS.
119              THE INSURED MUST INDICATE THIS SELECTION BY MARKING
120              ‘ACCEPT’ OR ‘DECLINE’ BELOW. THIS DECISION CANNOT BE
121              CHANGED DURING THE TERM OF THE POLICY.”
122
123      Any such policies are not subject to s. 627.70154. All
124      proceedings in the Division of Administrative Hearings pursuant
125      to such policies are subject to ss. 57.105 and 768.79 as if

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         PCS for HB 643                                                                                       2025




126      filed in the courts of this state and are not considered chapter
127      120 administrative proceedings. Rule 1.442, Florida Rules of
128      Civil Procedure, applies to any offer served pursuant to s.
129      768.79, except that, notwithstanding any provision in Rule
130      1.442, Florida Rules of Civil Procedure, to the contrary, an
131      offer shall not be served earlier than 10 days after filing the
132      request for hearing with the Division of Administrative Hearings
133      and shall not be served later than 10 days before the date set
134      for the final hearing. The administrative law judge in such
135      proceedings shall award attorney fees and other relief pursuant
136      to ss. 57.105 and 768.79. The corporation may not seek, and the
137      office may not approve, a maximum hourly rate for attorney fees.
138              2.       The corporation may contract with the division to
139      conduct proceedings to resolve disputes regarding its claim
140      determinations as may be provided for in the applicable policies
141      of insurance. This subparagraph expires July 1, 2025.
142              Section 4.         This act shall take effect July 1, 2025.




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