PCS for HB 1047 (2025): An act relating to insurance
Summary
PCS for HB 1047 2025 is a bill to be entitled an act relating to insurance. Section 1 amends the civil remedy section so that an action for bad faith involving a liability insurance claim does not lie if the insurer tenders the lesser of the policy limits or the amount demanded within 90 days after receiving actual notice of a claim accompanied by sufficient evidence, which is defined as written or photographic evidence of personal injury or property injury. The title digest also covers general lines agent licensing, adjusters' text messages, public adjusters, cancellation or nonrenewal of residential property policies, and required statements on homeowner's policies without flood coverage and on partial estimates and payments.
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
“PCS for HB 1047 (2025): An act relating to insurance.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3289-insurance-banking-subcommittee-proposed-committee-bills-pcbs-e438af3703/
, SHA-256 5f6e664c8897a08c209f8330978f9bc22712f6b2c8c042463e0b322b96156311.Full text
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1047 2025
1 A bill to be entitled
2 An act relating to insurance; amending s. 624.155,
3 F.S.; defining sufficient evidence; clarifying the
4 requirement of sufficient evidence; amending s.
5 626.732, F.S.; revising the requirements for licensing
6 or qualifying general lines agents; amending s.
7 626.878, F.S.; specifying when adjusters must include
8 their appointment types if communicating by text
9 message; prohibiting public adjusters from engaging in
10 certain adversarial conduct; amending s. 627.4108,
11 F.S.; limiting the requirements for the claims-
12 handling manual to authorized residential property
13 insurers with active residential policies; amending s.
14 627.4133, F.S.; revising the circumstances under which
15 an insurer or agent may cancel or nonrenew certain
16 residential property insurance policies; amending s.
17 627.7011, F.S.; revising the required statement by
18 insurers issuing a homeowner's insurance policy that
19 does not provide flood insurance coverage; amending s.
20 627.70131, F.S.; requiring that proof-of-loss
21 statements that are received by property insurers be
22 written; specifying when adjusters must include their
23 name and license number if communicating by text
24 message; revising the required statement by property
25 insurers providing a preliminary or partial estimate
Page 1 of 11
PCS for HB 1047
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 1047 2025
26 of damage regarding a claim; revising the required
27 statement by property insurers providing payment on a
28 claim which is not the full and final payment for the
29 claim; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Subsection (4) of section 624.155, Florida
34 Statutes, is amended to read:
35 624.155 Civil remedy.—
36 (4)(a)1. An action for bad faith involving a liability
37 insurance claim, including any such action brought under the
38 common law, shall not lie if the insurer tenders the lesser of
39 the policy limits or the amount demanded by the claimant within
40 90 days after receiving actual notice of a claim which is
41 accompanied by sufficient evidence to support the amount of the
42 claim.
43 2. For purposes of this paragraph, "sufficient evidence"
44 means written or photographic evidence submitted to the insurer
45 that indicates the claimant has suffered personal injury or
46 property injury. Evidence that may satisfy this requirement
47 includes, but is not limited to:
48 a. Accident reports.
49 b. Photographs of an accident scene, physical injuries, or
50 property damage.
Page 2 of 11
PCS for HB 1047
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 1047 2025
51 c. Medical bills.
52 d. Repair bills.
53 e. Other receipts or copies of payments rendered.
54 3. If an insurer does not believe the submitted evidence
55 is sufficient under sub-paragraph 2., the insurer must provide a
56 written notice of objection within 10 business days of receipt
57 of the submitted evidence; otherwise, any objection to the
58 sufficiency of the evidence for purposes of this paragraph is
59 waived. The submitting party has an additional 10 business days
60 after receipt of any objection to provide clarification or
61 submit further evidence.
62 Section 2. Subsection (1) of section 626.732, Florida
63 Statutes, is amended to read:
64 626.732 Requirement as to knowledge, experience, or
65 instruction.—
66 (1) Except as provided in subsection (4), an applicant for
67 a license as a general lines agent, except for a chartered
68 property and casualty underwriter (CPCU), may not be qualified
69 or licensed unless, within the 4 years immediately preceding the
70 date the application for license is filed with the department,
71 the applicant has satisfied, at a minimum, one of the following
72 requirements:
73 (a) Taught or successfully completed 60 200 hours of
74 coursework in property, casualty, surety, health, and marine
75 insurance approved by the department, 3 hours of which must be
Page 3 of 11
PCS for HB 1047
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 1047 2025
76 on the subject matter of ethics.;
77 (b) Completed at least 1 year in responsible insurance
78 duties as a substantially full-time bona fide employee in all
79 lines of property and casualty insurance as set forth in the
80 definition of a general lines agent under s. 626.015, but
81 without the education requirement described in paragraph (a).;
82 or
83 (c) Completed at least 1 year of responsible insurance
84 duties as a licensed and appointed customer representative,
85 service representative, or personal lines agent and 40 hours of
86 coursework approved by the department covering the areas of
87 property, casualty, surety, health, and marine insurance.
88 Section 3. Subsection (2) of section 626.878, Florida
89 Statutes, is amended, and subsection (4) is added to that
90 section, to read:
91 626.878 Rules; code of ethics.—
92 (2) A person licensed as an adjuster must identify himself
93 or herself in any advertisement, solicitation, or written
94 document based on the adjuster appointment type held. However,
95 if the adjuster is communicating with a policyholder by text
96 message, the adjuster's appointment type held is required only
97 in the initial text message and is not required in subsequent
98 text messages.
99 (4) A public adjuster may not engage in any adversarial
100 conduct with insurance company claims personnel during the
Page 4 of 11
PCS for HB 1047
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 1047 2025
101 course of adjusting claims, including, but not limited to,
102 electronically recording insurance company claims personnel and
103 consultants without their consent.
104 Section 4. Subsection (1) of section 627.4108, Florida
105 Statutes, is amended to read:
106 627.4108 Claims-handling manuals; submission;
107 attestation.—
108 (1) Each authorized residential property insurer with
109 active residential policies conducting business in this state
110 must create and use a claims-handling manual that provides
111 guidelines and procedures and that complies with the
112 requirements of this code and, at a minimum, comports to usual
113 and customary industry claims-handling practices. Such manual
114 must include all of the following guidelines and procedures for:
115 (a) Initially receiving and acknowledging initial receipt
116 of the claim and reviewing and evaluating the claim.;
117 (b) Communicating with policyholders, beginning with the
118 receipt of the claim and continuing until closure of the claim.;
119 (c) Setting the claim reserve.;
120 (d) Investigating the claim, including conducting
121 inspections of the property that is the subject of the claim.;
122 (e) Making preliminary estimates and estimates of the
123 covered damages to the insured property and communicating such
124 estimates to the policyholder.;
125 (f) Paying, partially paying, or denying The payment,
Page 5 of 11
PCS for HB 1047
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 1047 2025
126 partial payment, or denial of the claim and communicating such
127 claim decision to the policyholder.;
128 (g) Closing claims.; and
129 (h) Any aspect of the claims-handling process which the
130 office determines should be included in the claims-handling
131 manual in order to:
132 1. Comply with the laws of this state or rules or orders
133 of the office or department;
134 2. Ensure that the claims-handling manual, at a minimum,
135 comports with usual and customary industry claims-handling
136 guidelines; or
137 3. Protect policyholders of the insurer or the general
138 public.
139 Section 5. Paragraph (e) of subsection (2) of section
140 627.4133, Florida Statutes, is amended to read:
141 627.4133 Notice of cancellation, nonrenewal, or renewal
142 premium.—
143 (2) With respect to any personal lines or commercial
144 residential property insurance policy, including, but not
145 limited to, any homeowner, mobile home owner, farmowner,
146 condominium association, condominium unit owner, apartment
147 building, or other policy covering a residential structure or
148 its contents:
149 (e)1. An authorized insurer may not cancel or nonrenew a
150 personal residential or commercial residential property
Page 6 of 11
PCS for HB 1047
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 1047 2025
151 insurance policy covering a dwelling or residential property
152 located in this state:
153 a. For a period of 90 days after the dwelling or
154 residential property has been repaired, if such property has
155 been damaged as a result of a hurricane or wind loss that is the
156 subject of the declaration of emergency pursuant to s. 252.36
157 and the filing of an order by the Commissioner of Insurance
158 Regulation.
159 b. Until the earlier of when the dwelling or residential
160 property has been repaired or 1 year after the insurer issues
161 the final claim payment, if such property was damaged by any
162 covered peril and sub-subparagraph a. does not apply.
163 2. However, an insurer or agent may cancel or nonrenew
164 such a policy before prior to the repair of the dwelling or
165 residential property:
166 a. Upon 10 days' notice for nonpayment of premium; or
167 b. Upon 45 days' notice:
168 (I) For a material misstatement or fraud related to the
169 claim;
170 (II) If the insurer determines that the insured has
171 unreasonably caused a delay in the repair of the dwelling; or
172 (III) If the insurer has paid policy limits; or
173 (IV) If the named insured does not have an insurable
174 interest in the insured property.
175 3. If the insurer elects to nonrenew a policy covering a
Page 7 of 11
PCS for HB 1047
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 1047 2025
176 property that has been damaged, the insurer must shall provide
177 at least 90 days' notice to the insured that the insurer intends
178 to nonrenew the policy 90 days after the dwelling or residential
179 property has been repaired. Nothing in this paragraph prevents
180 shall prevent the insurer from canceling or nonrenewing the
181 policy 90 days after the repairs are complete for the same
182 reasons the insurer would otherwise have canceled or nonrenewed
183 the policy but for the limitations of subparagraph 1. The
184 Financial Services Commission may adopt rules, and the
185 Commissioner of Insurance Regulation may issue orders, necessary
186 to implement this paragraph.
187 4. This paragraph shall also applies apply to personal
188 residential and commercial residential policies covering
189 property that was damaged as the result of Hurricane Ian or
190 Hurricane Nicole.
191 5. For purposes of this paragraph:
192 a. A structure is deemed to be repaired when substantially
193 completed and restored to the extent that it is insurable by
194 another authorized insurer writing policies in this state.
195 b. The term "insurer" means an authorized insurer.
196 Section 6. Paragraph (b) of subsection (4) of section
197 627.7011, Florida Statutes, is amended to read:
198 627.7011 Homeowners' policies; offer of replacement cost
199 coverage and law and ordinance coverage.—
200 (4)
Page 8 of 11
PCS for HB 1047
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 1047 2025
201 (b) An insurer that issues a homeowner's insurance policy
202 that does not provide flood insurance coverage must include on
203 the policy declarations page at initial issuance and every
204 renewal, in bold type no smaller than 18 points, the following
205 statement:
206 "FLOOD INSURANCE: YOU SHOULD CONSIDER THE PURCHASE OF FLOOD
207 INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE
208 COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS
209 AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD
210 INSURANCE COVERAGE, YOUR UNCOVERED LOSSES CAUSED BY FLOOD ARE
211 NOT COVERED. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD
212 INSURANCE COVERAGE WITH YOUR INSURANCE AGENT."
213 Section 7. Paragraphs (a), (b), and (c) of subsection (3),
214 paragraph (b) of subsection (4), and subsection (6) of section
215 627.70131, Florida Statutes, are amended to read:
216 627.70131 Insurer's duty to acknowledge communications
217 regarding claims; investigation.—
218 (3)(a) Unless otherwise provided by the policy of
219 insurance or by law, within 7 days after an insurer receives the
220 written proof-of-loss statements, the insurer shall begin such
221 investigation as is reasonably necessary unless the failure to
222 begin such investigation is caused by factors beyond the control
223 of the insurer.
224 (b) If such investigation involves a physical inspection
Page 9 of 11
PCS for HB 1047
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 1047 2025
225 of the property, the licensed adjuster assigned by the insurer
226 must provide the policyholder with a printed or electronic
227 document containing his or her name and state adjuster license
228 number. An insurer must conduct any such physical inspection
229 within 30 days after its receipt of the written proof-of-loss
230 statements.
231 (c) Any subsequent communication with the policyholder
232 regarding the claim must also include the name and license
233 number of the adjuster communicating about the claim. However,
234 when the adjuster communicates with a policyholder by text
235 message, the adjuster's name and license number are required
236 only in the initial text message and are not required in
237 subsequent text messages. Communication of the adjuster's name
238 and license number may be included with other information
239 provided to the policyholder.
240 (4) An insurer shall maintain:
241 (b) Claim records, including dates, of:
242 1. Any claim-related communication made between the
243 insurer and the policyholder or the policyholder's
244 representative;
245 2. The insurer's receipt of the policyholder's written
246 proof-of-loss statement;
247 3. Any claim-related request for information made by the
248 insurer to the policyholder or the policyholder's
249 representative;
Page 10 of 11
PCS for HB 1047
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 1047 2025
250 4. Any claim-related inspections of the property made by
251 the insurer, including physical inspections and inspections made
252 by electronic means;
253 5. Any detailed estimate of the amount of the loss
254 generated by the insurer's adjuster;
255 6. The beginning and end of any tolling period provided
256 for in subsection (8); and
257 7. The insurer's payment or denial of the claim.
258 (6)(a) When providing a preliminary or partial estimate of
259 damage regarding a claim, an insurer shall include with the
260 estimate the following statement printed in at least 12-point
261 bold, uppercase type: "THIS ESTIMATE REPRESENTS OUR CURRENT
262 EVALUATION OF THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND
263 MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU
264 HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING
265 YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US."
266 (b) When providing a payment on a claim which is not the
267 full and final payment for the claim, an insurer shall include
268 with the payment the following statement printed in at least 12-
269 point bold, uppercase type: "WE HAVE ISSUED A PARTIAL SETTLEMENT
270 FOR ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED
271 PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE
272 QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR
273 CLAIM, WE ENCOURAGE YOU TO CONTACT US."
274 Section 8. This act shall take effect upon becoming a law.
Page 11 of 11
PCS for HB 1047
CODING: Words stricken are deletions; words underlined are additions.
File and source
- File
- 2025_3289_insurance-banking-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-1047.pdf
- Size
- 187,268 bytes
- SHA-256
- 5f6e664c8897a08c209f8330978f9bc22712f6b2c8c042463e0b322b96156311
- Our copy
- 2025_3289_insurance-banking-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-1047.pdf
- Original
- No public link identified.