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PCS for HB 1263 (2026): An act relating to the Office of Insurance Regulation

Summary

PCS for HB 1263 (2026), a bill to be entitled “An act relating to the Office of Insurance Regulation.” The title lists providing that the Office of Insurance Regulation is responsible for all activities concerning entities under its jurisdiction, authorizing the Department of Financial Services and the office to issue cease and desist orders for unlicensed activity, granting the office the authority to examine administrators, and authorizing the commission to adopt by rule the Market Conduct Examiners Handbook. It also lists requiring the Department of Law Enforcement to accept and process fingerprints taken of certain persons. Section 26 states that the act takes effect July 1, 2026.

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“PCS for HB 1263 (2026): An act relating to the Office of Insurance Regulation.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-3289-insurance-banking-subcommittee-proposed-committee-bills-pcbs-d396da302a/, SHA-256 b60cc49331257f60c7f5348152d3a5713116a41f5dcc702730932f84ffcb9604.

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           PCS for HB 1263                            ORIGINAL                                                  2026




    1                                         A bill to be entitled
    2              An act relating to the Office of Insurance Regulation;
    3              amending s. 20.121, F.S.; providing that the Office of
    4              Insurance Regulation is responsible for all activities
    5              concerning entities under its jurisdiction; amending
    6              s. 501.171, F.S.; requiring entities under the
    7              office's jurisdiction to copy the office on certain
    8              notices and provide certain information, upon request,
    9              to the Department of Legal Affairs; amending s.
10                 624.310, F.S.; authorizing the Department of Financial
11                 Services and the office to issue cease and desist
12                 orders for unlicensed activity; authorizing the
13                 department and the office to seek an injunction for
14                 enforcement of such order; amending s. 624.316, F.S.;
15                 removing a provision allowing the Financial Services
16                 Commission to adopt the Market Conduct Examiners
17                 Handbook; amending s. 624.3161, F.S.; granting the
18                 office the authority to examine administrators;
19                 authorizing the commission to adopt by rule the Market
20                 Conduct Examiners Handbook; creating s. 624.341, F.S.;
21                 providing legislative findings and intent; requiring
22                 the Department of Law Enforcement to accept and
23                 process fingerprints taken of certain persons;
24                 specifying procedures for fingerprinting; authorizing
25                 the Department of Law Enforcement to exchange certain

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        PCS for HB 1263                            ORIGINAL                                                  2026




26              records with the office; specifying that fingerprints
27              must be submitted in accordance with certain rules;
28              requiring the Department of Law Enforcement and the
29              Federal Bureau of Investigation to conduct certain
30              background checks; requiring that certain fingerprints
31              be submitted and entered into a specified system;
32              requiring the office to inform the Department of Law
33              Enforcement of any person whose fingerprints no longer
34              need to be retained; specifying who bears the costs of
35              fingerprint processing; requiring the office to review
36              criminal history background checks and make certain
37              determinations; specifying that certain criminal
38              records be used by the office for certain purposes;
39              amending s. 627.062, F.S.; requiring, rather than
40              authorizing, the office to estimate projected flood
41              losses for residential property insurance using a
42              certain model; requiring the office to consider
43              projected comprehensive losses for certain private
44              passenger automobile insurance using a model approved
45              by the Florida Commission on Hurricane Loss Projection
46              Methodology; amending s. 627.0628, F.S.; requiring
47              private passenger automobile insurance to be
48              adequately projected; amending s. 627.0629, F.S.;
49              requiring the office to determine minimum rate
50              differentials for windstorm damage mitigation

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        PCS for HB 1263                            ORIGINAL                                                  2026




51              techniques that meet or exceed the minimum
52              requirements of the Florida Building Code; authorizing
53              insurers to seek additional rate differentials;
54              amending s. 627.0645, F.S.; revising requirements of
55              rate filing with the office for certain insurers;
56              amending s. 627.711, F.S.; requiring the notification
57              form sent to insureds at the time of issuance of the
58              insurance policy and renewal to notify the insured of
59              certain discounts; requiring the office to contract
60              with a state university to design, operate, upgrade,
61              and maintain a specified database; requiring property
62              insurers to file certain policyholder forms within a
63              specified timeframe in the database beginning on a
64              specified date; requiring the commission to adopt
65              rules; amending s. 627.7152, F.S.; removing a
66              provision requiring insurers to report on residential
67              and commercial property insurance claims paid in a
68              certain year; amending s. 627.915, F.S.; requiring
69              private passenger automobile insurers to file
70              specified monthly reports beginning on a specified
71              date; requiring the commission to adopt rules;
72              removing the requirement for certain insurers to
73              submit such report; removing an exemption for certain
74              insurers; creating s. 628.8011, F.S.; providing
75              definitions; requiring certain persons to file a group

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         PCS for HB 1263                            ORIGINAL                                                  2026




76               capital calculation report annually by a specified
77               date; providing requirements for such report;
78               exempting certain insurance holding company systems
79               from filing such report; requiring certain non-United
80               States-based insurance holding company systems to file
81               a group capital calculation report; authorizing the
82               office to exempt certain persons from filing such
83               report under certain circumstances; authorizing the
84               filing of a limited group capital filing instead of
85               the group capital calculation report under certain
86               circumstances; authorizing the office to require
87               certain insurance holding company systems to file such
88               report despite qualifying for an exemption under
89               certain circumstances; requiring the office to adopt
90               certain criteria and publish certain information on
91               its website; authorizing the office to adopt certain
92               rules; creating s. 628.8012, F.S.; providing
93               definitions; requiring certain persons to annually
94               file results of a liquidity stress test in compliance
95               with specified instructions; providing an exemption;
96               authorizing the office to adopt rules; creating s.
97               628.8013, F.S.; providing that a certain report and
98               test are for specified purposes; prohibiting certain
99               representations or statements by certain persons;
100              authorizing an insurer to rebut certain information in

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         PCS for HB 1263                            ORIGINAL                                                  2026




101              a written publication under certain circumstances;
102              creating s. 629.53, F.S.; requiring attorneys in fact
103              of reciprocal insurers to obtain a registration;
104              providing requirements for the application of such
105              registration; requiring the office to investigate
106              applicants and issue registrations to applicants under
107              certain circumstances; creating s. 629.54, F.S.;
108              providing for automatic renewal of the registration of
109              an attorney in fact; creating s. 629.55, F.S.;
110              authorizing the office to deny, suspend, revoke, or
111              refuse to renew the registration of an attorney in
112              fact under certain circumstances; creating s. 629.56,
113              F.S.; providing for when an order of suspension or
114              revocation of a registration is effected; authorizing
115              the office to publish certain notice in newspapers of
116              general circulation; creating s. 629.57, F.S.;
117              providing a limitation to how long the registration of
118              an attorney in fact may be suspended; providing that a
119              registration is automatically reinstated after the
120              suspension ends; creating s. 629.58, F.S.; authorizing
121              the office to issue administrative fines in lieu of
122              suspension or revocation; prohibiting a fine to be
123              borne by an insurer; amending ss. 634.141, 634.314,
124              and 634.416, F.S.; conforming cross-references;
125              providing an effective date.

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         PCS for HB 1263                            ORIGINAL                                                  2026




126
127      Be It Enacted by the Legislature of the State of Florida:
128
129              Section 1.         Paragraph (a) of subsection (3) of section
130      20.121, Florida Statutes, is amended to read:
131              20.121       Department of Financial Services.—There is created
132      a Department of Financial Services.
133              (3)       FINANCIAL SERVICES COMMISSION.—Effective January 7,
134      2003, there is created within the Department of Financial
135      Services the Financial Services Commission, composed of the
136      Governor, the Attorney General, the Chief Financial Officer, and
137      the Commissioner of Agriculture, which shall for purposes of
138      this section be referred to as the commission. Commission
139      members shall serve as agency head of the Financial Services
140      Commission. The commission shall be a separate budget entity and
141      shall be exempt from the provisions of s. 20.052. Commission
142      action shall be by majority vote consisting of at least three
143      affirmative votes. The commission shall not be subject to
144      control, supervision, or direction by the Department of
145      Financial Services in any manner, including purchasing,
146      transactions involving real or personal property, personnel, or
147      budgetary matters.
148              (a)       Structure.—The major structural unit of the commission
149      is the office. Each office shall be headed by a director. The
150      following offices are established:

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         PCS for HB 1263                            ORIGINAL                                                  2026




151              1.      The Office of Insurance Regulation, which shall be
152      responsible for all activities concerning insurers, and other
153      risk bearing entities, and other entities under its
154      jurisdiction, including licensing, rates, policy forms, market
155      conduct, claims, issuance of certificates of authority,
156      solvency, viatical settlements, premium financing, and
157      administrative supervision, as provided under the insurance code
158      or chapter 636. The head of the Office of Insurance Regulation
159      is the Director of the Office of Insurance Regulation, who may
160      also be known as the Commissioner of Insurance Regulation.
161              2.      The Office of Financial Regulation, which shall be
162      responsible for all activities of the Financial Services
163      Commission relating to the regulation of banks, credit unions,
164      other financial institutions, finance companies, and the
165      securities industry. The head of the office is the Director of
166      the Office of Financial Regulation, who may also be known as the
167      Commissioner of Financial Regulation. The Office of Financial
168      Regulation shall include a Bureau of Financial Investigations,
169      which shall function as a criminal justice agency for purposes
170      of ss. 943.045-943.08 and shall have a separate budget. The
171      bureau may conduct investigations within or outside this state
172      as the bureau deems necessary to aid in the enforcement of this
173      section. If, during an investigation, the office has reason to
174      believe that any criminal law of this state has or may have been
175      violated, the office shall refer any records tending to show

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         PCS for HB 1263                            ORIGINAL                                                  2026




176      such violation to state or federal law enforcement or
177      prosecutorial agencies and shall provide investigative
178      assistance to those agencies as required.
179              Section 2.         Paragraph (f) is added to subsection (3) of
180      section 501.171, Florida Statutes, to read:
181              501.171       Security of confidential personal information.—
182              (3)       NOTICE TO DEPARTMENT OF SECURITY BREACH.—
183              (f)       If a covered entity is subject to the jurisdiction of
184      the Office of Insurance Regulation, the covered entity must copy
185      the office on the notice provided to the department. The covered
186      entity must provide any information listed in paragraph (c) to
187      the office upon its request.
188              Section 3.         Paragraph (g) is added to subsection (5) of
189      section 624.310, Florida Statutes, to read:
190              624.310       Enforcement; cease and desist orders; removal of
191      certain persons; fines.—
192              (5)       ADMINISTRATIVE FINES; ENFORCEMENT.—
193              (g)       If the department or office has probable cause to
194      believe that a person is performing activities that require a
195      license, registration, certificate of authority, or any other
196      form of authorization from the department or office, and the
197      person performing such activities does not hold the required
198      license, registration, certificate of authority, or other form
199      of authorization, the department or office may issue and deliver
200      to such person a notice to cease and desist from such violation

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         PCS for HB 1263                            ORIGINAL                                                  2026




201      of the insurance code. In addition, the department or office may
202      issue and deliver a notice to cease and desist to any person who
203      aids and abets the person violating the insurance code. For the
204      purpose of enforcing a cease and desist order under this
205      paragraph, the department or office may file an action for a
206      court proceeding in the name of this state seeking the issuance
207      of an injunction against a person who violates any provision of
208      the cease and desist order.
209              Section 4.         Paragraph (c) of subsection (1) of section
210      624.316, Florida Statutes, is amended to read:
211              624.316       Examination of insurers.—
212              (1)
213              (c)       The office shall examine each insurer according to
214      accounting procedures designed to fulfill the requirements of
215      generally accepted insurance accounting principles and practices
216      and good internal control and in keeping with generally accepted
217      accounting forms, accounts, records, methods, and practices
218      relating to insurers. To facilitate uniformity in examinations,
219      the commission may adopt, by rule, the Market Conduct Examiners
220      Handbook and the Financial Condition Examiners Handbook of the
221      National Association of Insurance Commissioners, 2002, and may
222      adopt subsequent amendments thereto, if the examination
223      methodology remains substantially consistent.
224              Section 5.         Subsections (2) through (9) of section
225      624.3161, Florida Statutes, are renumbered as subsections (3)

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         PCS for HB 1263                            ORIGINAL                                                  2026




226      through (10), respectively, subsection (1), paragraph (e) of
227      present subsection (8), and paragraph (a) of present subsection
228      (9) are amended, and a new subsection (2) is added to that
229      section, to read:
230              624.3161          Market conduct examinations.—
231              (1)       As often as it deems necessary, the office shall
232      examine each licensed rating organization, each advisory
233      organization, administrator, each group, association, carrier,
234      as defined in s. 440.02, or other organization of insurers which
235      engages in joint underwriting or joint reinsurance, the attorney
236      in fact of each reciprocal insurer, and each authorized insurer
237      transacting in this state any class of insurance to which
238      chapter 627 is applicable. The examination must be for the
239      purpose of ascertaining compliance by the person examined with
240      the applicable provisions of this chapter and chapters 440, 626,
241      627, and 635.
242              (2)       To facilitate uniformity in examinations, the
243      commission may adopt, by rule, the Market Conduct Examiners
244      Handbook of the National Association of Insurance Commissions,
245      2024, and may adopt subsequent amendments thereto, if the
246      examination methodology remains substantially consistent.
247              (9)(8)       The office shall create, and the commission shall
248      adopt by rule, a selection methodology for scheduling and
249      conducting market conduct examinations of insurers and other
250      entities regulated by the office. This requirement does not

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         PCS for HB 1263                            ORIGINAL                                                  2026




251      restrict the authority of the office to conduct market conduct
252      examinations as often as it deems necessary. Such selection
253      methodology must prioritize market conduct examinations of
254      insurers and other entities regulated by the office to whom any
255      of the following conditions applies:
256              (e)       The insurer meets the criteria in subsection (8) (7).
257
258      The office shall present the proposed rule required by this
259      subsection to the commission no later than October 1, 2023. In
260      addition to the methodology required by this subsection, the
261      rule must provide criteria for how the office, in coordination
262      with the department, will determine what constitutes a
263      disproportionate number of claims-handling complaints described
264      in paragraph (b).
265              (10)(9)       If the office concludes through an examination
266      pursuant to this section that an insurer providing liability
267      coverage in this state exhibits a pattern or practice of
268      violations of the Florida Insurance Code during any
269      investigation or examination of the insurer, the office must
270      review the insurer's claims-handling practices to determine if
271      the insurer should be subject to the enhanced enforcement
272      penalties of this subsection.
273              (a)       A liability insurer may be subject to enhanced
274      enforcement penalties if the office reviews the insurer's
275      claims-handling practices and finds a pattern or practice of the

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         PCS for HB 1263                            ORIGINAL                                                  2026




276      insurer failing to do the following when responding to covered
277      liability claims under an insurance policy, after receiving
278      actual notice of such claims:
279              1.      Assign a licensed and appointed insurance adjuster to
280      investigate whether coverage is provided under the policy and
281      diligently attempt to resolve any questions concerning the
282      extent of the insured's coverage.
283              2.      Evaluate the claim fairly, honestly, and with due
284      regard for the interests of the insured based on available
285      information.
286              3.      Request from the insured or claimant additional
287      relevant information the insurer reasonably deems necessary to
288      evaluate whether to settle a claim.
289              4.      Conduct all oral and written communications with the
290      insured with honesty and candor.
291              5.      Make reasonable efforts to explain to persons not
292      represented by counsel matters requiring expertise beyond the
293      level normally expected of a layperson with no training in
294      insurance or claims-handling issues.
295              6.      Retain all written and recorded communications and
296      create and retain a summary of all verbal communications in a
297      reasonable manner for a period of not less than 2 years after
298      the later of the entry of a final judgment against the insured
299      in excess of policy limits or, if an extracontractual claim is
300      made, the conclusion of that claim and any related appeals.

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         PCS for HB 1263                            ORIGINAL                                                  2026




301              7.      Within 30 days after a request, provide the insured
302      with all communications related to the insurer's handling of the
303      claim which are not privileged as to the insured.
304              8.      Provide, upon request and at the insurer's expense,
305      reasonable accommodations necessary to communicate effectively
306      with an insured covered under the Americans with Disabilities
307      Act.
308              9.      When handling a third-party claim, communicate each of
309      the following to the insured:
310              a.      The identity of any other person or entity the insurer
311      has reason to believe may be liable.
312              b.      The insurer's final and completed estimate of the
313      claim.
314              c.      The possibility of an excess judgment.
315              d.      The insured's right to secure personal counsel at his
316      or her own expense.
317              e.      That the insured should cooperate with the insurer,
318      including providing information required by the insurer because
319      of a settlement opportunity or in accordance with the policy.
320              f.      Any formal settlement demands or offers to settle by
321      the claimant and any offers to settle on behalf of the insured.
322              10.       Respond to any request for insurance information in
323      compliance with s. 626.9372 or s. 627.4137, as applicable.
324              11.       Seek to obtain a general release of each insured in
325      making any settlement offer to a third-party claimant.

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         PCS for HB 1263                            ORIGINAL                                                  2026




326              12.       Take reasonable measures to preserve any documentary,
327      photographic, and forensic evidence as needed for the defense of
328      the liability claim if it appears likely that the insured's
329      liability exposure is greater than policy limits and the insurer
330      fails to secure a general release in favor of the insured.
331              13.       Comply with subsections (1) and (3) (2), if
332      applicable.
333              14.       Comply with the Unfair Insurance Trade Practices Act.
334              Section 6.         Section 624.341, Florida Statutes, is created
335      to read:
336              624.341       Authority of Department of Law Enforcement to
337      accept fingerprints of, and exchange criminal history records
338      with respect to, certain persons applying to the Office of
339      Insurance Regulation.—
340              (1)       The Legislature finds that criminal activity of
341      insurers poses a particular danger to the residents of this
342      state. Floridians rely, in good faith, on the honest conduct of
343      those who issue and manage insurance policies and other
344      insurance instruments in this state. To safeguard the residents
345      of this state, the Legislature finds it necessary to ensure that
346      organizers, incorporators, officers, employees, contractors,
347      stockholders, directors, owners, managers, or volunteers
348      involved in the organization, operation, or management of any
349      insurer authorized to sell insurance do not have a criminal
350      record.

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         PCS for HB 1263                            ORIGINAL                                                  2026




351              (2)       The Department of Law Enforcement shall accept and
352      process fingerprints taken of organizers, incorporators,
353      officers, employees, contractors, stockholders, directors,
354      owners, managers, or volunteers involved, directly or
355      indirectly, in the organization, operation, or management of
356      any:
357              (a)       Insurer or proposed insurer transacting or proposing
358      to transact insurance in this state.
359              (b)       Other entity that is examined or investigated, or is
360      eligible to be examined or investigated, under the office's
361      jurisdiction.
362              (c)       Other person or entity subject to licensure under the
363      office's jurisdiction.
364              (3)       A full set of fingerprints of persons or entities
365      described in subsection (2) must be submitted to the office or
366      to a vendor, an entity, or an agency authorized under s.
367      943.053(13). The office, vendor, entity, or agency shall forward
368      the fingerprints to the Department of Law Enforcement for state
369      processing, and the Department of Law Enforcement shall forward
370      the fingerprints to the Federal Bureau of Investigation for
371      national processing pursuant to s. 624.34(5). Fees for state and
372      federal fingerprint processing must be borne by the person
373      submitting them. The state cost for fingerprint processing is as
374      provided in s. 943.053(3)(e).
375              (4)       The Department of Law Enforcement may, to the extent

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         PCS for HB 1263                            ORIGINAL                                                  2026




376      authorized by federal law, exchange state, multistate, and
377      federal criminal history records with the office for the purpose
378      of the issuance, denial, suspension, or revocation of a
379      certificate of authority, certification, or license to operate
380      in this state.
381              (5)       Fingerprints for each person or entity described in
382      subsection (2) must be submitted in accordance with rules
383      adopted by the commission.
384              (a)       Fingerprints may be submitted through a third-party
385      vendor authorized by the Department of Law Enforcement.
386              (b)       The Department of Law Enforcement shall conduct the
387      state criminal history background check and a federal criminal
388      history background check must be conducted through the Federal
389      Bureau of Investigation.
390              (c)       All fingerprints submitted to the Department of Law
391      Enforcement must be submitted and entered into the statewide
392      automated biometric identification system established in s.
393      943.05(2)(b) and be available for use in accordance with s.
394      943.05(2)(g) and (h). The office shall inform the Department of
395      Law Enforcement the name of any person whose fingerprints no
396      longer need to be retained.
397              (d)       The costs of fingerprint processing, including the
398      cost of retaining the fingerprints, must be borne by the person
399      subject to the background check.
400              (e)       The office shall review the results of the state and

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         PCS for HB 1263                            ORIGINAL                                                  2026




401      federal criminal history background checks and determine whether
402      the applicant meets the requirements for a certificate of
403      authority, certification, registration, or license to operate in
404      this state.
405              (6)       Statewide criminal records obtained through the
406      Department of Law Enforcement, federal criminal records obtained
407      through the Federal Bureau of Investigation, and local criminal
408      records obtained through local law enforcement agencies must be
409      used by the office for the purpose of issuance, denial,
410      suspension, or revocation of certificates of authority,
411      certifications, registrations, or licenses required to operate
412      in this state.
413              Section 7.         Paragraph (b) of subsection (2) of section
414      627.062, Florida Statutes, is amended to read:
415              627.062       Rate standards.—
416              (2)       As to all such classes of insurance:
417              (b)       Upon receiving a rate filing, the office shall review
418      the filing to determine if a rate is excessive, inadequate, or
419      unfairly discriminatory. In making that determination, the
420      office shall, in accordance with generally accepted and
421      reasonable actuarial techniques, consider the following factors:
422              1.      Past and prospective loss experience within and without
423      this state.
424              2.      Past and prospective expenses.
425              3.      The degree of competition among insurers for the risk

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         PCS for HB 1263                            ORIGINAL                                                  2026




426      insured.
427              4.      Investment income reasonably expected by the insurer,
428      consistent with the insurer's investment practices, from
429      investable premiums anticipated in the filing, plus any other
430      expected income from currently invested assets representing the
431      amount expected on unearned premium reserves and loss reserves.
432      The commission may adopt rules using reasonable techniques of
433      actuarial science and economics to specify the manner in which
434      insurers calculate investment income attributable to classes of
435      insurance written in this state and the manner in which
436      investment income is used to calculate insurance rates. Such
437      manner must contemplate allowances for an underwriting profit
438      factor and full consideration of investment income that produces
439      a reasonable rate of return; however, investment income from
440      invested surplus may not be considered.
441              5.      The reasonableness of the judgment reflected in the
442      filing.
443              6.      Dividends, savings, or unabsorbed premium deposits
444      allowed or returned to policyholders, members, or subscribers in
445      this state.
446              7.      The adequacy of loss reserves.
447              8.      The cost of reinsurance. The office may not disapprove
448      a rate as excessive solely due to the insurer having obtained
449      catastrophic reinsurance to cover the insurer's estimated 250-
450      year probable maximum loss or any lower level of loss.

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         PCS for HB 1263                            ORIGINAL                                                  2026




451              9.      Trend factors, including trends in actual losses per
452      insured unit for the insurer making the filing.
453              10.       Conflagration and catastrophe hazards, if applicable.
454              11.       Projected hurricane losses, if applicable, which must
455      be estimated using a model or method found to be acceptable or
456      reliable by the Florida Commission on Hurricane Loss Projection
457      Methodology, and as further provided in s. 627.0628.
458              12.       Projected flood losses for personal residential
459      property insurance, if applicable, which must may be estimated
460      using a model or method, or a straight average of model results
461      or output ranges, independently found to be acceptable or
462      reliable by the Florida Commission on Hurricane Loss Projection
463      Methodology and as further provided in s. 627.0628 for filings
464      submitted to the office after January 1, 2027.
465              13.       For filings submitted to the office after January 1,
466      2027, projected comprehensive losses, if applicable, used to
467      determine a hurricane catastrophe load for private passenger
468      automobile insurance, which must be estimated using a model or
469      method found to be acceptable or reliable by the Florida
470      Commission on Hurricane Loss Projection Methodology under s.
471      627.0628.
472              14.13.       A reasonable margin for underwriting profit and
473      contingencies.
474              15.14.       The cost of medical services, if applicable.
475              16.15.       Other relevant factors that affect the frequency or

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         PCS for HB 1263                            ORIGINAL                                                  2026




476      severity of claims or expenses.
477
478      The provisions of this subsection do not apply to workers'
479      compensation, employer's liability insurance, and motor vehicle
480      insurance.
481              Section 8.          Paragraph (a) of subsection (1) and paragraph
482      (a) of subsection (3) of section 627.0628, Florida Statutes, are
483      amended to read:
484              627.0628          Florida Commission on Hurricane Loss Projection
485      Methodology; public records exemption; public meetings
486      exemption.—
487              (1)       LEGISLATIVE FINDINGS AND INTENT.—
488              (a)       Reliable projections of hurricane losses are necessary
489      in order to assure that rates for residential property insurance
490      and private passenger automobile insurance meet the statutory
491      requirement that rates be neither excessive nor inadequate. The
492      ability to accurately project hurricane losses has been enhanced
493      greatly in recent years through the use of computer modeling. It
494      is the public policy of this state to encourage the use of the
495      most sophisticated actuarial methods to assure that consumers
496      are charged lawful rates for residential property insurance and
497      private passenger automobile insurance coverage.
498              (3)       ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
499              (a)       The commission shall consider any actuarial methods,
500      principles, standards, models, or output ranges that have the

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501      potential for improving the accuracy of or reliability of the
502      hurricane loss projections used in residential property
503      insurance and private passenger automobile insurance rate
504      filings and flood loss projections used in rate filings for
505      personal lines residential flood insurance coverage. The
506      commission shall, from time to time, adopt findings as to the
507      accuracy or reliability of particular methods, principles,
508      standards, models, or output ranges.
509              Section 9.         Subsection (1) of section 627.0629, Florida
510      Statutes, is amended to read:
511              627.0629          Residential property insurance; rate filings.—
512              (1)       It is the intent of the Legislature that insurers
513      provide savings to consumers who install or implement windstorm
514      damage mitigation techniques, alterations, or solutions to their
515      properties to prevent windstorm losses. A rate filing for
516      residential property insurance must include actuarially
517      reasonable discounts, credits, or other rate differentials, or
518      appropriate reductions in deductibles, for properties on which
519      fixtures or construction techniques demonstrated to reduce the
520      amount of loss in a windstorm have been installed or
521      implemented. The fixtures or construction techniques must
522      include, but are not limited to, fixtures or construction
523      techniques that enhance wind uplift prevention, roof strength,
524      roof covering performance, roof-to-wall strength, wall-to-floor-
525      to-foundation strength, opening protection, and window, door,

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526      and skylight strength. Credits, discounts, or other rate
527      differentials, or appropriate reductions in deductibles, for
528      fixtures and construction techniques that meet or exceed the
529      minimum requirements of the Florida Building Code must be
530      included in the rate filing. The office shall determine the
531      minimum discounts, credits, other rate differentials, and
532      appropriate reductions in deductibles that reflect the full
533      actuarial value of such fixtures and construction techniques.
534      The office's determination may not prohibit an insurer from
535      seeking additional actuarily justified credits, discounts or
536      other rate differentials, or appropriate reductions in
537      deductibles for fixtures and construction techniques that meet
538      or exceed the minimum requirements of the Florida Building Code
539      revaluation, which may be used by insurers in rate filings.
540      Effective October 1, 2023, each insurer subject to the
541      requirements of this section must provide information on the
542      insurer's website describing the hurricane mitigation discounts
543      available to policyholders. Such information must be accessible
544      on, or through a hyperlink located on, the home page of the
545      insurer's website or the primary page of the insurer's website
546      for property insurance policyholders or applicants for such
547      coverage in this state. On or before January 1, 2025, and every
548      5 years thereafter, the office shall reevaluate and update the
549      fixtures or construction techniques demonstrated to reduce the
550      amount of loss in a windstorm and the discounts, credits, other

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         PCS for HB 1263                            ORIGINAL                                                  2026




551      rate differentials, and appropriate reductions in deductibles
552      that reflect the full actuarial value of such fixtures or
553      construction techniques. The office shall adopt rules and forms
554      necessitated by such reevaluation.
555              Section 10.            Paragraph (b) of subsection (3) of section
556      627.0645, Florida Statutes, is amended to read:
557              627.0645          Annual filings.—
558              (3)       The filing requirements of this section shall be
559      satisfied by one of the following methods:
560              (b)       If no rate change is proposed, a filing which consists
561      of a certification by an actuary that the existing rate level
562      produces rates which are actuarially sound and which are not
563      inadequate, as defined in s. 627.062. However, for residential
564      property and private passenger automobile insurers, a full rate
565      filing is required after 2 consecutive years of certification
566      under this paragraph.
567              Section 11.            Subsection (1) is amended and paragraphs (c),
568      (d), and (e) are added to subsection (2) of section 627.711,
569      Florida Statutes, to read:
570              627.711       Notice of premium discounts for hurricane loss
571      mitigation; uniform mitigation verification inspection form.—
572              (1)       Using a form prescribed by the Office of Insurance
573      Regulation, the insurer shall clearly notify the applicant or
574      policyholder of any personal lines residential property
575      insurance policy, at the time of the issuance of the policy and

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         PCS for HB 1263                            ORIGINAL                                                  2026




576      at each renewal, of the availability and the range of each
577      premium discount, credit, other rate differential, or reduction
578      in deductibles, and combinations of discounts, credits, rate
579      differentials, or reductions in deductibles, for properties on
580      which fixtures or construction techniques demonstrated to reduce
581      the amount of loss in a windstorm can be or have been installed
582      or implemented. The prescribed form shall describe generally
583      what actions the policyholders may be able to take to reduce
584      their windstorm premium. The prescribed form and a list of such
585      ranges approved by the office for each insurer licensed in the
586      state and providing such discounts, credits, other rate
587      differentials, or reductions in deductibles for properties
588      described in this subsection shall be available for electronic
589      viewing and download from the Department of Financial Services'
590      or the Office of Insurance Regulation's Internet website. The
591      prescribed form must also notify the applicant or policyholder
592      if the insurer offers an enhanced discount for a roof system
593      that uses a secondary water resistance, and the form must
594      generally list the amount of discount by type of secondary water
595      resistance. The Financial Services Commission may adopt rules to
596      implement this subsection.
597              (2)
598              (c)       The office shall contract with a state university to
599      design, operate, upgrade, and maintain a statewide database for
600      uniform mitigation verification inspection forms. This database

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601      must be managed by the office to collect and evaluate mitigation
602      features of residential properties within this state.
603              (d)       Beginning January 1, 2027, each insurer must
604      electronically file within 15 business days after receipt a copy
605      of each uniform mitigation inspection form submitted by a
606      policyholder in the database created under paragraph (c) using
607      the electronic format prescribed by the office.
608              (e)       The Financial Services Commission shall adopt rules to
609      implement this subsection.
610              Section 12.            Subsection (13) of section 627.7152, Florida
611      Statutes, is renumbered as subsection (12), and subsection (12)
612      of that section is amended, to read:
613              627.7152          Assignment agreements.—
614              (12)        The office shall require each insurer to report by
615      January 30, 2022, and each year thereafter data on each
616      residential and commercial property insurance claim paid in the
617      prior calendar year under an assignment agreement. The Financial
618      Services Commission shall adopt by rule a list of the data
619      required, which must include specific data about claims
620      adjustment and settlement timeframes and trends, grouped by
621      whether litigated or not litigated and by loss adjustment
622      expenses.
623              Section 13.            Subsections (2) and (5) of section 627.915,
624      Florida Statutes, are amended to read:
625              627.915        Insurer experience reporting.—

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         PCS for HB 1263                            ORIGINAL                                                  2026




626              (2)(a)       Beginning January 1, 2027, each insurer transacting
627      private passenger automobile insurance in this state must file
628      monthly with the office a report addressing all of the following
629      areas:
630              1.      Policy coverage categories, including policies in force
631      and total direct premiums earned and written.
632              2.      The type, location, and limits of writings in this
633      state.
634              3.      Claims reporting requirements.
635              4.      Any other information deemed necessary by the
636      commission to provide the office with the ability to track
637      trends occurring in the private passenger automobile insurance
638      market.
639              (b)       The commission shall adopt rules specifying the
640      information required to be reported under this subsection and
641      the format required for the reports fire, homeowner's multiple
642      peril, commercial multiple peril, medical malpractice, products
643      liability, workers' compensation, private passenger automobile
644      liability, commercial automobile liability, private passenger
645      automobile physical damage, commercial automobile physical
646      damage, officers' and directors' liability insurance, or other
647      liability insurance shall report, for each such line of
648      insurance, the information specified in this subsection to the
649      office. The information shall be reported for direct Florida
650      business only and shall be reported on a calendar-year basis

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         PCS for HB 1263                            ORIGINAL                                                  2026




651      annually by April 1 for the preceding calendar year:
652              (a)       Direct premiums written.
653              (b)       Direct premiums earned.
654              (c)       Loss reserves for all known claims:
655              1.      At beginning of the year.
656              2.      At end of the year.
657              (d)       Reserves for losses incurred but not reported:
658              1.      At beginning of the year.
659              2.      At end of the year.
660              (e)       Allocated loss adjustment expense:
661              1.      Reserve at beginning of the year.
662              2.      Reserve at end of the year.
663              3.      Paid during the year.
664              (f)       Unallocated loss adjustment expense:
665              1.      Reserve at beginning of the year.
666              2.      Reserve at end of the year.
667              3.      Paid during the year.
668              (g)       Direct losses paid.
669              (h)       Underwriting income or loss.
670              (i)       Commissions and brokerage fees.
671              (j)       Taxes, licenses, and fees.
672              (k)       Other acquisition costs.
673              (l)       General expenses.
674              (m)       Policyholder dividends.
675              (n)       Net investment gain or loss and other income gain or

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         PCS for HB 1263                            ORIGINAL                                                  2026




676      loss allocated pro rata by earned premium to Florida business
677      utilizing the investment allocation formula contained in the
678      National Association of Insurance Commissioner's Profitability
679      Report by line by state.
680              (5)       Any insurer or insurer group which does not write at
681      least 0.5 percent of the Florida market based on premiums
682      written shall not have to file any report required by subsection
683      (2) other than a report indicating its percentage of the market
684      share. That percentage shall be calculated by dividing the
685      current premiums written by the preceding year's total premiums
686      written in the state for that line of insurance.
687              Section 14.            Section 628.8011, Florida Statutes, is created
688      to read:
689              628.8011          Group capital calculation reports.—
690              (1)       As used in this section, the term:
691              (a)       "Group capital calculation instructions" means the
692      group capital calculation instructions adopted by the NAIC, as
693      amended from time to time, in accordance with the procedures
694      adopted by the NAIC if the methodology remains substantially
695      consistent.
696              (b)       "Group-wide supervisor" means the regulatory official
697      authorized to engage in conducting and coordinating group-wide
698      supervision activities who is determined or acknowledged by the
699      commissioner to have sufficient contacts with an internationally
700      active insurance group. As used in this paragraph, the term

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         PCS for HB 1263                            ORIGINAL                                                  2026




701      "internationally active insurance group" means an insurance
702      holding company system that includes an insurer registered under
703      s. 628.801(1) and which meets all of the following criteria:
704              1.      Premiums written in at least three countries.
705              2.      The percentage of gross premiums written outside of the
706      United States is at least 10 percent of the insurance holding
707      company system's total gross written premiums.
708              3.      Based on a 3-year rolling average, the total assets of
709      the insurance holding company system are at least $50 billion or
710      the total gross written premiums of the insurance holding
711      company system are at least $10 billion.
712              (2)       Except as provided in paragraph (a), the ultimate
713      controlling person of every insurer subject to registration
714      under s. 628.801 must concurrently file with the registration an
715      annual group capital calculation report on or before April 1.
716      The report must be completed in accordance with the group
717      capital calculation instructions, which permit the office to
718      allow a controlling person who is not the ultimate controlling
719      person to file the group capital calculation report. The report
720      must be filed with the lead state regulator of the insurance
721      holding company system as determined by the office in accordance
722      with the procedures within the Financial Analysis Handbook
723      adopted by the NAIC.
724              (a)       The following insurance holding company systems are
725      exempt from filing a group capital calculation report:

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         PCS for HB 1263                            ORIGINAL                                                  2026




726              1.      An insurance holding company system that has only one
727      insurer within its holding company structure, is only licensed
728      and writing business in its domestic state, and does not assume
729      business from any other insurer.
730              2.      An insurance holding company system that is required to
731      perform a group capital calculation specified by the United
732      States Federal Reserve Board. The office shall request the
733      calculation from the Federal Reserve Board under the terms of
734      information sharing agreements in effect. If the Federal Reserve
735      Board cannot share the calculation with the office, the
736      exemption under this paragraph does not apply to the insurance
737      holding company system.
738              3.      An insurance holding company system in which a non-
739      United States group-wide supervisor is located within a
740      reciprocal jurisdiction as described in s. 624.610(4)(a) which
741      recognizes the United States state regulatory approach to group
742      supervision and group capital.
743              4.      An insurance holding company system that meets the
744      following criteria:
745              a.      It provides information to the lead state that meets
746      the requirements for accreditation under the NAIC financial
747      standards and accreditation program, either directly or
748      indirectly, through the group-wide supervisor who has determined
749      such information is satisfactory to allow the lead state to
750      comply with the NAIC group supervision approach, as detailed in

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         PCS for HB 1263                            ORIGINAL                                                  2026




751      the NAIC Financial Analysis Handbook.
752              b.      A non-United States group-wide supervisor of the
753      insurance holding company system who is not in a reciprocal
754      jurisdiction recognizes and accepts, as specified by the office
755      in regulation, the group capital calculation as the world-wide
756      group capital assessment for United States insurance groups that
757      operate in such jurisdiction.
758              (b)       Notwithstanding subparagraphs (a)3. and (a)4., the
759      office shall require the group capital calculation report for
760      United States operations of any non-United States-based
761      insurance holding company system in which, after any necessary
762      consultation with other supervisors or officials, it is deemed
763      appropriate by the office for prudential oversight and solvency
764      monitoring purposes or for ensuring the competitiveness of the
765      insurance marketplace.
766              (c)       Notwithstanding the exemptions provided in
767      subparagraphs (a)1.-4., the office may exempt the ultimate
768      controlling person from filing the annual group capital
769      calculation report or may accept a group capital filing or
770      report in accordance with criteria as specified in paragraphs
771      (e) and (f).
772              (d)       If the office determines that an insurance holding
773      company system no longer meets one or more of the requirements
774      for an exemption from filing the group capital calculation
775      report under subsection (a), the ultimate controlling person

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         PCS for HB 1263                            ORIGINAL                                                  2026




776      must file the group capital calculation report at the next
777      annual filing date unless the office provides an extension based
778      on reasonable grounds shown.
779              (e)       If an insurance holding company system has previously
780      filed the annual group capital calculation report at least once,
781      the office may exempt the ultimate controlling person from
782      filing the annual group capital calculation report if the office
783      determines based upon the previous filing that the insurance
784      holding company system meets all of the following criteria:
785              1.      It has annual direct and unaffiliated assumed premium,
786      including international direct and assumed premium, of less than
787      $1 billion. For purposes of this subparagraph, premiums
788      reinsured with the Federal Crop Insurance Corporation and
789      Federal Flood Program are excluded from the annual direct and
790      unaffiliated assumed premium.
791              2.      It does not have insurers within its holding company
792      structure which are domiciled outside of the United States or
793      one of its territories.
794              3.      It does not have a banking, depository or other
795      financial entity that is subject to an identified regulatory
796      capital framework within its holding company structure.
797              4.      It attests that there are no material changes in the
798      transactions between insurers and noninsurers in the group which
799      have occurred since the last filing of the annual group capital
800      calculation report.

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         PCS for HB 1263                            ORIGINAL                                                  2026




801              5.      The noninsurers within the holding company system do
802      not pose a material financial risk to the insurer's ability to
803      honor policyholder obligations.
804              (f)       If an insurance holding company system has previously
805      filed the annual group capital calculation report at least once,
806      the office may accept a limited group capital filing in lieu of
807      the annual group capital calculation report if:
808              1.      The insurance holding company system has annual direct
809      written and unaffiliated assumed premium, including
810      international direct and assumed premium, of less than $1
811      billion. For purposes of this subparagraph, premiums reinsured
812      with the Federal Crop Insurance Corporation and Federal Flood
813      Program are excluded.
814              2.      The insurance holding company system does not have
815      insurers within its holding company structure who are domiciled
816      outside of the United States or one of its territories.
817              3.      The insurance holding company system does not include a
818      banking, depository, or other financial entity that is subject
819      to an identified regulatory capital framework.
820              4.      The insurance holding company system attests that there
821      are no material changes in transactions between insurers and
822      noninsurers in the group which have occurred since the last
823      filing of the report to the office and the noninsurers within
824      the holding company system do not pose a material financial risk
825      to the insurer's ability to honor policyholder obligations.

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         PCS for HB 1263                            ORIGINAL                                                  2026




826              (g)       If an insurance holding company system that has
827      previously had an exemption with respect to the group capital
828      calculation report under paragraph (e) or paragraph (f), the
829      office may require at any time the ultimate controlling person
830      to file an annual group capital calculation report, completed in
831      accordance with the group capital calculation instructions, if
832      any of the following criteria are met:
833              1.      An insurer within the insurance holding company system
834      is in a risk-based capital action level event as set forth in s.
835      624.4085 or a similar standard for a non-United States insurer.
836              2.      An insurer within the insurance holding company system
837      meets one or more of the standards of an insurer deemed to be in
838      a hazardous financial condition as provided in s. 624.805.
839              3.      An insurer within the insurance holding company system
840      otherwise exhibits qualities of a troubled insurer as determined
841      by the office based on unique circumstances including, but not
842      limited to, the type and volume of business written, ownership
843      and organizational structure, federal agency requests, and
844      international supervisor requests.
845              (h)       The office shall establish by rule criteria for
846      satisfying when a non-United States jurisdiction is considered
847      to "recognize and accept" the group capital calculation report.
848              (i)       The office must publish on its website a list of non-
849      United States jurisdictions that "recognize and accept" the
850      group capital calculation report.

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851              (j)       The commission may adopt rules for filing the annual
852      group capital calculation report in accordance with the
853      Insurance Holding Company System Regulatory Act of the NAIC and
854      the Insurance Holding Company System Model Regulation of the
855      NAIC, as adopted in December 2020.
856              Section 15.            Section 628.8012, Florida Statutes, is created
857      to read:
858              628.8012          Liquidity Stress Test Framework.—
859              (1)       As used in this section, the term:
860              (a)       "Liquidity Stress Test Framework" means the NAIC
861      Liquidity Stress Test Framework for Life Insurers Meeting the
862      Scope Criteria, the scope criteria applicable for a specific
863      data year, and the liquidity stress test instructions and
864      reporting templates for a specific data year. The term includes
865      amended versions of these documents if the methodology remains
866      substantially consistent.
867              (b)       "Scope criteria" means the designated exposure bases
868      along with minimum magnitudes thereof for the specified data
869      year used to establish a preliminary list of insurers considered
870      scoped into the Liquidity Stress Test Framework, and as amended
871      if the methodology remains substantially consistent, for that
872      data year.
873              (c)       "Scoped" means meeting at least one threshold of the
874      scope criteria and being subject to the requirements of the
875      Liquidity Stress Test Framework.

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876              (2)(a)       The ultimate controlling person of every insurer
877      subject to registration and also scoped into the Liquidity
878      Stress Test Framework shall annually file the results of a
879      specific year's liquidity stress test on or before April 1. The
880      results must be filed with the office as the lead state
881      regulator of the insurance holding company system as determined
882      by the procedures within the Financial Analysis Handbook adopted
883      by the NAIC.
884              (b)       Scoped insurers are exempt from the requirement under
885      paragraph (a) if the office, in consultation with the NAIC
886      Financial Stability Task Force or its successor, determines the
887      insurer should not be scoped into the Liquidity Stress Test
888      Framework for that data year.
889              (c)       The performance of, and filing of the results from, a
890      specific year's liquidity stress test must comply with the
891      Liquidity Stress Test Framework's instructions and reporting
892      templates for that year and any office determinations, in
893      conjunction with the NAIC Financial Stability Task Force or its
894      successor, provided within the Liquidity Stress Test Framework.
895              (d)       The office may adopt rules for filing the results of
896      the liquidity stress test in accordance with the Insurance
897      Holding Company System Regulatory Act of the NAIC and the
898      Insurance Holding Company System Model Regulation of the NAIC,
899      as adopted in December 2020.
900              Section 16.           Section 628.8013, Florida Statutes, is created

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901      to read:
902              628.8013          Rebuttal of materially false statements.—
903              (1)       The group capital calculation report and resulting
904      group capital ratio and the liquidity stress test, as provided
905      in s. 628.8012, along with its results and supporting
906      disclosures required under this section are regulatory tools for
907      assessing group risks and capital adequacy and group liquidity
908      risks, respectively, and are not intended as a means to rank
909      insurers or insurance holding company systems generally.
910              (2)       Any representation or statement by any insurer,
911      broker, or other person engaged in any manner in the business of
912      insurance is prohibited with regard to an insurer’s or insurer's
913      group's:
914              (a)       Group capital calculation report.
915              (b)       Group capital ratio.
916              (c)       Liquidity stress test results.
917              (d)       Supporting disclosures for the liquidity stress test.
918              (e)       Any component derived in the group capital
919      calculation.
920              (3)       If a representation or statement prohibited under
921      subsection (2) is published in a written publication and the
922      insurer is able to demonstrate to the office with substantial
923      proof the falsity or inappropriateness, as the case may be, of
924      such representation or statement then the insurer may publish
925      announcements in a written publication if the sole purpose of

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926      the announcement is to rebut the materially false representation
927      or statement.
928              Section 17.           Section 629.53, Florida Statutes, is created
929      to read:
930              629.53       Application for registration to operate as an
931      attorney in fact.—
932              (1)       It is unlawful for any person to operate as an
933      attorney in fact of a reciprocal insurer without first having
934      obtained a registration from the office.
935              (2)       The application for an attorney in fact registration
936      must be made, under oath, to the office by the applicant on a
937      form prescribed by the commission. The office may not require an
938      applicant to pay a fee for the registration or for filing an
939      application for such registration.
940              (3)       In the application, the applicant must provide all of
941      the following information:
942              (a)       All basic organizational documents, and any amendments
943      to such documents, of the applicant dated within the last year
944      and appropriately certified.
945              (b)       The bylaws, rules, and regulations or similar
946      documents regulating the conduct of the internal affairs of the
947      applicant, other applicable documents, and all amendments to
948      those documents, dated within the last year and appropriately
949      certified.
950              (c)       A copy of the most recent financial statement of the

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         PCS for HB 1263                            ORIGINAL                                                  2026




951      applicant, verified under oath by at least two of the
952      applicant's principal officers.
953              (d)       A detailed plan of operation.
954              (e)       An e-mail address at which the applicant agrees to
955      accept electronic service from the office.
956              (f)       The background information specified in s. 629.227 for
957      each individual who is responsible for the conduct of the
958      applicant's affairs, including, but not limited to, any manager,
959      member, member of a board of directors, board of trustees,
960      executive committee, or other governing board or committee and
961      any other person or entity owning or having the right to acquire
962      10 percent or more of the voting securities or ownership
963      interest of the applicant.
964              (g)       Any other information as the office reasonably
965      requires.
966              (4)       Upon the filing of a sworn application, the office
967      must investigate each applicant and may issue the applicant a
968      registration if the office finds that the applicant:
969              (a)       Is competent and trustworthy and intends to act in
970      good faith in the business authorized by the registration for
971      which the applicant applied.
972              (b)       Has management that has a good business reputation and
973      has had experience, training, or education that qualifies the
974      applicant to conduct the business authorized by the registration
975      for which the applicant applied.

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976               (c)       Has a business plan that is consistent with the
977       interests of potential insureds and the public.
978               Section 18.           Section 629.54, Florida Statutes, is created
979       to read:
980               629.54       Registration expiration; renewal.—Each registration
981       for an attorney in fact issued under this chapter automatically
982       renews on March 1 of each year, provided the attorney in fact
983       remains qualified under this chapter. The office may not require
984       an attorney in fact to pay a fee for the renewal of the
985       registration.
986               Section 19.           Section 629.55, Florida Statutes, is created
987       to read:
988               629.55       Grounds for denial, suspension, or revocation of
989       registration.—The office may deny, suspend, revoke, or refuse to
990       renew the registration of an attorney in fact if the office
991       determines that the attorney in fact:
992               (1)       Has violated any lawful rule or order of the
993       commission or office or any applicable provision of the
994       insurance code.
995               (2)       Has used or is using methods or practices in the
996       conduct of its business which render its further transaction of
997       business in this state hazardous or injurious to insured persons
998       or the public.
999               (3)       Has refused to be examined or to produce its accounts,
1000      records, and files for examination, or if any of its officers,

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1001      or persons in similar positions, have refused to give
1002      information with respect to its affairs or has refused to
1003      perform any other legal obligation as to such examination when
1004      required by the office.
1005              (4)       Is or was affiliated with and under the same general
1006      management or interlocking directorate or ownership as another
1007      attorney in fact who transacts business in this state without
1008      having a registration required by this chapter.
1009              (5)       At any time fails to meet any qualification for which
1010      issuance of the registration could have been refused had such
1011      failure then existed and been known to the office.
1012              (6)       Is under suspension or revocation in this or any other
1013      state for any license relating to the business of insurance
1014      which the attorney in fact holds.
1015              (7)       A proceeding for receivership, conservatorship,
1016      rehabilitation, or other delinquency proceeding regarding the
1017      attorney in fact, or an insurer with which the attorney in fact
1018      has a contractual relationship, has been commenced in any state.
1019              (8)       The financial condition or business practices of the
1020      attorney in fact otherwise pose an imminent threat to the
1021      health, safety, or welfare of the residents of this state.
1022              Section 20.           Section 629.56, Florida Statutes, is created
1023      to read:
1024              629.56       Order of suspension or revocation of registration;
1025      notice.—

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          PCS for HB 1263                            ORIGINAL                                                  2026




1026              (1)       The suspension or revocation of a registration of an
1027      attorney in fact is effected by order of the office when such
1028      order is mailed to the attorney in fact by registered or
1029      certified mail and sent electronically to the e-mail address
1030      maintained by the attorney in fact with the office for such
1031      purpose.
1032              (2)       The office may publish notice of any such revocation
1033      or suspension in one or more newspapers of general circulation
1034      published in this state.
1035              Section 21.           Section 629.57, Florida Statutes, is created
1036      to read:
1037              629.57       Period of suspension; obligations during
1038      suspension; reinstatement.—
1039              (1)       The registration of an attorney in fact is suspended
1040      for the time period provided in the order of suspension, which
1041      may not exceed 1 year, unless such suspension or the order upon
1042      which the suspension is based is modified, rescinded, or
1043      reversed.
1044              (2)       Upon expiration of the suspension period the
1045      registration is automatically reinstated as long as the
1046      registration has not otherwise terminated, unless the reasons
1047      for the suspension have not been remedied.
1048              Section 22.           Section 629.58, Florida Statutes, is created
1049      to read:
1050              629.58       Administrative fine in lieu of suspension,

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1051      revocation, or nonrenewal.—
1052              (1)       If the office finds that one or more grounds exist for
1053      the suspension, revocation, or nonrenewal of the registration of
1054      an attorney in fact issued under this chapter, the office may,
1055      in lieu of suspension or revocation, impose a fine upon the
1056      attorney in fact.
1057              (2)       With respect to any nonwillful violation, the office
1058      may impose a fine upon the attorney in fact in an amount up to
1059      $5,000 for each violation. However, a fine may not exceed an
1060      aggregate amount of $50,000 for all nonwillful violations
1061      arising out of the same action.
1062              (3)       With respect to any knowing and willful violation, the
1063      office may impose a fine upon the attorney in fact in an amount
1064      up to $25,000 for each violation. However, a fine may not exceed
1065      an aggregate amount of $250,000 for all knowing and willful
1066      violations arising out of the same action.
1067              (4)       With respect to a knowing and willful violation of a
1068      lawful order or rule of the office or commission or of a
1069      provision of this code during a period in which the Governor
1070      declared a state of emergency pursuant to s. 252.36, the office
1071      may impose a $200,000 fine upon an attorney in fact for each
1072      violation, up to an aggregate amount of $1 million for all
1073      knowing and willful violations arising out of the same action
1074      relating to a covered loss or claim caused by the emergency.
1075              (5)       A fine imposed by the office on the attorney in fact

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1076      may not be borne by the insurer.
1077              Section 23.           Subsection (1) of section 634.141, Florida
1078      Statutes, is amended to read:
1079              634.141       Examination of companies.—
1080              (1)       Motor vehicle service agreement companies licensed
1081      under this part may be subject to periodic examination by the
1082      office in the same manner and subject to the same terms and
1083      conditions as apply to insurers under part II of chapter 624.
1084      The office is not required to conduct periodic examinations
1085      pursuant to this section, but may examine a service agreement
1086      company at its discretion. An examination conducted pursuant to
1087      this section may cover a period of only the most recent 5 years.
1088      The costs of examinations conducted pursuant to ss.
1089      624.316(2)(e) and 624.3161(4) ss. 624.316(2)(e) and 624.3161(3)
1090      may not exceed 10 percent of the companies' reported net income
1091      for the prior year. The commission may by rule establish
1092      provisions whereby a company may be exempted from examination.
1093              Section 24.           Section 634.314, Florida Statutes, is amended
1094      to read:
1095              634.314       Examination of associations.—Home warranty
1096      associations licensed under this part may be subject to periodic
1097      examinations by the office, in the same manner and subject to
1098      the same terms and conditions as apply to insurers under part II
1099      of chapter 624 of the insurance code. The office is not required
1100      to conduct periodic examinations pursuant to this section, but

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1101      may examine a home warranty company at its discretion. An
1102      examination conducted pursuant to this section may cover a
1103      period of only the most recent 5 years. The costs of
1104      examinations conducted pursuant to ss. 624.316(2)(e) and
1105      624.3161(4) ss. 624.316(2)(e) and 624.3161(3) may not exceed 10
1106      percent of the companies' reported net income for the prior
1107      year.
1108              Section 25.           Subsection (1) of section 634.416, Florida
1109      Statutes, is amended to read:
1110              634.416       Examination of associations.—
1111              (1)       Service warranty associations licensed under this part
1112      may be subject to periodic examination by the office, in the
1113      same manner and subject to the same terms and conditions that
1114      apply to insurers under part II of chapter 624. The office is
1115      not required to conduct periodic examinations pursuant to this
1116      section, but may examine a service warranty company at its
1117      discretion. An examination conducted pursuant to this section
1118      may cover a period of only the most recent 5 years. The costs of
1119      examinations conducted pursuant to ss. 624.316(2)(e) and
1120      624.3161(4) ss. 624.316(2)(e) and 624.3161(3) may not exceed 10
1121      percent of the companies' reported net income for the prior
1122      year.
1123              Section 26.           This act shall take effect July 1, 2026.




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