CS for CS for SB 468                             First Engrossed
       
       
       
       
       
       
       
       
       2022468e1
       
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 215.555,
    3         F.S.; redefining the term “covered policy” under the
    4         Florida Hurricane Catastrophe Fund in relation to
    5         certain collateral protection insurance policies;
    6         amending s. 440.381, F.S.; revising the annual audit
    7         requirement for construction classes to apply to
    8         policies having estimated annual premiums over a
    9         specified threshold; creating s. 624.46227, F.S.;
   10         authorizing any association, trust, or pool created
   11         for the purpose of forming a risk management mechanism
   12         or providing self-insurance for a public entity to use
   13         communications media technology to establish a quorum
   14         and conduct public business; amending s. 626.221,
   15         F.S.; exempting certain applicants for licensure as an
   16         all-lines adjuster from a required examination;
   17         amending s. 626.856, F.S.; revising the definition of
   18         the term “company employee adjuster”; amending s.
   19         627.062, F.S.; authorizing the use of a certain
   20         modeling indication for residential property insurance
   21         rate filings; amending s. 627.0628, F.S.; revising the
   22         membership of the Florida Commission on Hurricane Loss
   23         Projection Methodology; amending s. 627.0629, F.S.;
   24         authorizing insurers to file certain insurance rating
   25         plans based on certain windstorm mitigation
   26         construction standards, if certain requirements are
   27         met; amending s. 627.0665, F.S.; revising the
   28         timeframe for notification of premium increases by
   29         insurers who have automatic bank withdrawal agreements
   30         with insureds; revising notification requirements for
   31         such insurers to include notices when withdrawal
   32         amounts increase above a specified threshold; amending
   33         s. 627.351, F.S.; revising conditions for determining
   34         the ineligibility of condominiums for wind-only
   35         coverage; amending s. 627.421, F.S.; deleting a
   36         requirement for electronic transmissions of certain
   37         documents to include specified notices; deleting a
   38         requirement that paper copies of policies be provided
   39         upon request; amending ss. 627.701 and 627.712, F.S.;
   40         revising policyholder acknowledgment statement
   41         requirements for property insurance policies having
   42         certain hurricane deductibles or windstorm or contents
   43         coverage exclusions, respectively; amending s.
   44         627.7152, F.S.; revising the definition of the term
   45         “assignment agreement”; specifying the addresses to
   46         which a notice of intent must be served; amending s.
   47         627.7276, F.S.; revising notice requirements for motor
   48         vehicle policies that do not provide coverage for
   49         bodily injury and property damage liability; amending
   50         ss. 634.317 and 634.419, F.S.; authorizing licensed
   51         personal lines or general lines agents to solicit,
   52         negotiate, advertise, or sell home warranty contracts
   53         and service warranty contracts, respectively, without
   54         a sales representative license; making technical
   55         changes; reenacting ss. 624.424(10) and 627.351(6)(v),
   56         F.S., relating to annual statements and other
   57         information and Citizens Property Insurance
   58         Corporation, respectively, to incorporate the
   59         amendment made to s. 215.555, F.S., in references
   60         thereto; reenacting s. 626.8734(1)(b), F.S., relating
   61         to nonresident all-lines adjuster license
   62         qualifications, to incorporate the amendment made to
   63         s. 626.221, F.S., in a reference thereto; reenacting
   64         s. 626.865(1)(e), F.S., relating to public adjuster’s
   65         qualifications, to incorporate the amendment made to
   66         s. 626.856, F.S., in a reference thereto; reenacting
   67         s. 627.7153(1) and (2)(d), F.S., relating to policies
   68         restricting assignment of post-loss benefits under a
   69         property insurance policy, to incorporate the
   70         amendment made to s. 627.7152, F.S., in references
   71         thereto; providing effective dates.
   72          
   73  Be It Enacted by the Legislature of the State of Florida:
   74  
   75         Section 1. Effective June 1, 2023, paragraph (c) of
   76  subsection (2) of section 215.555, Florida Statutes, is amended
   77  to read:
   78         215.555 Florida Hurricane Catastrophe Fund.—
   79         (2) DEFINITIONS.—As used in this section:
   80         (c) “Covered policy” means any insurance policy covering
   81  residential property in this state, including, but not limited
   82  to, any homeowner, mobile home owner, farm owner, condominium
   83  association, condominium unit owner, tenant, or apartment
   84  building policy, or any other policy covering a residential
   85  structure or its contents issued by any authorized insurer,
   86  including a commercial self-insurance fund holding a certificate
   87  of authority issued by the Office of Insurance Regulation under
   88  s. 624.462, the Citizens Property Insurance Corporation, and any
   89  joint underwriting association or similar entity created under
   90  law. The term “covered policy” includes any collateral
   91  protection insurance policy covering personal residences which
   92  protects both the borrower’s and the lender’s financial
   93  interests, in an amount at least equal to the coverage amount
   94  for the dwelling in place under the lapsed homeowner’s policy,
   95  the coverage amount that the homeowner has been notified of by
   96  the collateral protection insurer, or the coverage amount the
   97  homeowner requests from the collateral protection insurer, if
   98  such collateral protection insurance policy can be accurately
   99  reported as required in subsection (5). Additionally, covered
  100  policies include policies covering the peril of wind removed
  101  from the Florida Residential Property and Casualty Joint
  102  Underwriting Association or from the Citizens Property Insurance
  103  Corporation, created under s. 627.351(6), or from the Florida
  104  Windstorm Underwriting Association, created under s. 627.351(2),
  105  by an authorized insurer under the terms and conditions of an
  106  executed assumption agreement between the authorized insurer and
  107  such association or Citizens Property Insurance Corporation.
  108  Each assumption agreement between the association and such
  109  authorized insurer or Citizens Property Insurance Corporation
  110  must be approved by the Office of Insurance Regulation before
  111  the effective date of the assumption, and the Office of
  112  Insurance Regulation must provide written notification to the
  113  board within 15 working days after such approval. “Covered
  114  policy” does not include any policy that excludes wind coverage
  115  or hurricane coverage or any reinsurance agreement and does not
  116  include any policy otherwise meeting this definition which is
  117  issued by a surplus lines insurer or a reinsurer. All commercial
  118  residential excess policies and all deductible buy-back policies
  119  that, based on sound actuarial principles, require individual
  120  ratemaking must shall be excluded by rule if the actuarial
  121  soundness of the fund is not jeopardized. For this purpose, the
  122  term “excess policy” means a policy that provides insurance
  123  protection for large commercial property risks and that provides
  124  a layer of coverage above a primary layer insured by another
  125  insurer.
  126         Section 2. Subsection (3) of section 440.381, Florida
  127  Statutes, is amended to read:
  128         440.381 Application for coverage; reporting payroll;
  129  payroll audit procedures; penalties.—
  130         (3) The Financial Services Commission, in consultation with
  131  the department, shall establish by rule minimum requirements for
  132  audits of payroll and classifications in order to ensure that
  133  the appropriate premium is charged for workers’ compensation
  134  coverage. The rules must shall ensure that audits performed by
  135  both carriers and employers are adequate to provide that all
  136  sources of payments to employees, subcontractors, and
  137  independent contractors are have been reviewed and that the
  138  accuracy of classification of employees is has been verified.
  139  The rules must require shall provide that employers in all
  140  classes other than the construction class be audited at least
  141  not less frequently than biennially and may provide for more
  142  frequent audits of employers in specified classifications based
  143  on factors such as amount of premium, type of business, loss
  144  ratios, or other relevant factors. In no event shall Employers
  145  in the construction class, generating more than the amount of
  146  premium required to be experience rated, must be audited at
  147  least less than annually. The annual audits required for
  148  construction classes must shall consist of physical onsite
  149  audits for policies only if the estimated annual premium is
  150  $10,000 or more. Payroll verification audit rules must include,
  151  but need not be limited to, the use of state and federal reports
  152  of employee income, payroll and other accounting records,
  153  certificates of insurance maintained by subcontractors, and
  154  duties of employees. At the completion of an audit, the employer
  155  or officer of the corporation and the auditor must print and
  156  sign their names on the audit document and attach proof of
  157  identification to the audit document.
  158         Section 3. Section 624.46227, Florida Statutes, is created
  159  to read:
  160         624.46227 Meeting requirements.—Any association, trust, or
  161  pool authorized by state law and created for the purpose of
  162  forming a risk management mechanism or providing self-insurance
  163  for public entities in this state may use communications media
  164  technology to establish a quorum and conduct public business.
  165         Section 4. Paragraph (j) of subsection (2) of section
  166  626.221, Florida Statutes, is amended to read:
  167         626.221 Examination requirement; exemptions.—
  168         (2) However, an examination is not necessary for any of the
  169  following:
  170         (j) An applicant for license as an all-lines adjuster who
  171  has the designation of Accredited Claims Adjuster (ACA) from a
  172  regionally accredited postsecondary institution in this state,
  173  Associate in Claims (AIC) from the Insurance Institute of
  174  America, Professional Claims Adjuster (PCA) from the
  175  Professional Career Institute, Professional Property Insurance
  176  Adjuster (PPIA) from the HurriClaim Training Academy, Certified
  177  Adjuster (CA) from ALL LINES Training, Certified Claims Adjuster
  178  (CCA) from AE21 Incorporated, Claims Adjuster Certified
  179  Professional (CACP) from WebCE, Inc., Accredited Insurance
  180  Claims Specialist (AICS) from Encore Claim Services, Certified
  181  All Lines Adjuster (CALA) from Kaplan, or Universal Claims
  182  Certification (UCC) from Claims and Litigation Management
  183  Alliance (CLM) whose curriculum has been approved by the
  184  department and which includes comprehensive analysis of basic
  185  property and casualty lines of insurance and testing at least
  186  equal to that of standard department testing for the all-lines
  187  adjuster license. The department shall adopt rules establishing
  188  standards for the approval of curriculum.
  189         Section 5. Section 626.856, Florida Statutes, is amended to
  190  read:
  191         626.856 “Company employee adjuster” defined.—A “company
  192  employee adjuster” means a person licensed as an all-lines
  193  adjuster who is appointed and employed on an insurer’s staff of
  194  adjusters, by an affiliate, or by a wholly owned subsidiary of
  195  the insurer, and who undertakes on behalf of such insurer or
  196  other insurers under common control or ownership to ascertain
  197  and determine the amount of any claim, loss, or damage payable
  198  under a contract of insurance, or undertakes to effect
  199  settlement of such claim, loss, or damage.
  200         Section 6. Paragraph (j) of subsection (2) of section
  201  627.062, Florida Statutes, is amended to read:
  202         627.062 Rate standards.—
  203         (2) As to all such classes of insurance:
  204         (j) With respect to residential property insurance rate
  205  filings, the rate filing:
  206         1. Must account for mitigation measures undertaken by
  207  policyholders to reduce hurricane losses.
  208         2.May use a modeling indication that is the weighted or
  209  straight average of two or more hurricane loss projection models
  210  found by the commission to be accurate or reliable pursuant to
  211  s. 627.0628.
  212  
  213  The provisions of this subsection do not apply to workers’
  214  compensation, employer’s liability insurance, and motor vehicle
  215  insurance.
  216         Section 7. Paragraph (b) of subsection (2) of section
  217  627.0628, Florida Statutes, is amended to read:
  218         627.0628 Florida Commission on Hurricane Loss Projection
  219  Methodology; public records exemption; public meetings
  220  exemption.—
  221         (2) COMMISSION CREATED.—
  222         (b) The commission shall consist of the following 12
  223  members:
  224         1. The insurance consumer advocate.
  225         2. The senior employee of the State Board of Administration
  226  responsible for operations of the Florida Hurricane Catastrophe
  227  Fund.
  228         3. The Executive Director of the Citizens Property
  229  Insurance Corporation.
  230         4. The Director of the Division of Emergency Management, or
  231  the director’s designee, provided such designee is a full-time
  232  employee of the division.
  233         5. The actuary member of the Florida Hurricane Catastrophe
  234  Fund Advisory Council.
  235         6. An employee of the office who is an actuary responsible
  236  for property insurance rate filings and who is appointed by the
  237  director of the office.
  238         7. Five members appointed by the Chief Financial Officer,
  239  as follows:
  240         a. An actuary who is employed full time by a property and
  241  casualty insurer that was responsible for at least 1 percent of
  242  the aggregate statewide direct written premium for homeowner
  243  insurance in the calendar year preceding the member’s
  244  appointment to the commission.
  245         b. An expert in insurance finance who is a full-time member
  246  of the faculty of the State University System and who has a
  247  background in actuarial science.
  248         c. An expert in statistics who is a full-time member of the
  249  faculty of the State University System and who has a background
  250  in insurance.
  251         d. An expert in computer system design who is a full-time
  252  member of the faculty of the State University System.
  253         e. An expert in meteorology who is a full-time member of
  254  the faculty of the State University System and who specializes
  255  in hurricanes.
  256         8. A licensed professional structural engineer who is a
  257  full-time faculty member in the State University System and who
  258  has expertise in wind mitigation techniques. This appointment
  259  shall be made by the Governor.
  260         Section 8. Subsection (9) is added to section 627.0629,
  261  Florida Statutes, to read:
  262         627.0629 Residential property insurance; rate filings.—
  263         (9) An insurer may file with the office a personal lines
  264  residential property insurance rating plan that provides
  265  justified premium discounts, credits, or other rate
  266  differentials based on windstorm mitigation construction
  267  standards developed by an independent, not-for-profit scientific
  268  research organization, if such standards meet the requirements
  269  of this section.
  270         Section 9. Section 627.0665, Florida Statutes, is amended
  271  to read:
  272         627.0665 Automatic bank withdrawal agreements; notification
  273  required.—Any insurer licensed to issue insurance in this the
  274  state who has an automatic bank withdrawal agreement with an
  275  insured party for the payment of insurance premiums for any type
  276  of insurance shall give the named insured at least 10 15 days
  277  advance written notice of any increase in policy premiums that
  278  results in the next automatic bank withdrawal being increased by
  279  more than $10. Such notice must be provided before prior to any
  280  automatic bank withdrawal containing the of an increased premium
  281  amount.
  282         Section 10. Paragraph (a) of subsection (6) of section
  283  627.351, Florida Statutes, is amended to read:
  284         627.351 Insurance risk apportionment plans.—
  285         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  286         (a) The public purpose of this subsection is to ensure that
  287  there is an orderly market for property insurance for residents
  288  and businesses of this state.
  289         1. The Legislature finds that private insurers are
  290  unwilling or unable to provide affordable property insurance
  291  coverage in this state to the extent sought and needed. The
  292  absence of affordable property insurance threatens the public
  293  health, safety, and welfare and likewise threatens the economic
  294  health of the state. The state therefore has a compelling public
  295  interest and a public purpose to assist in assuring that
  296  property in this the state is insured and that it is insured at
  297  affordable rates so as to facilitate the remediation,
  298  reconstruction, and replacement of damaged or destroyed property
  299  in order to reduce or avoid the negative effects otherwise
  300  resulting to the public health, safety, and welfare, to the
  301  economy of the state, and to the revenues of the state and local
  302  governments which are needed to provide for the public welfare.
  303  It is necessary, therefore, to provide affordable property
  304  insurance to applicants who are in good faith entitled to
  305  procure insurance through the voluntary market but are unable to
  306  do so. The Legislature intends, therefore, that affordable
  307  property insurance be provided and that it continue to be
  308  provided, as long as necessary, through Citizens Property
  309  Insurance Corporation, a government entity that is an integral
  310  part of the state, and that is not a private insurance company.
  311  To that end, the corporation shall strive to increase the
  312  availability of affordable property insurance in this state,
  313  while achieving efficiencies and economies, and while providing
  314  service to policyholders, applicants, and agents which is no
  315  less than the quality generally provided in the voluntary
  316  market, for the achievement of the foregoing public purposes.
  317  Because it is essential for this government entity to have the
  318  maximum financial resources to pay claims following a
  319  catastrophic hurricane, it is the intent of the Legislature that
  320  the corporation continue to be an integral part of the state and
  321  that the income of the corporation be exempt from federal income
  322  taxation and that interest on the debt obligations issued by the
  323  corporation be exempt from federal income taxation.
  324         2. The Residential Property and Casualty Joint Underwriting
  325  Association originally created by this statute shall be known as
  326  the Citizens Property Insurance Corporation. The corporation
  327  shall provide insurance for residential and commercial property,
  328  for applicants who are entitled, but, in good faith, are unable
  329  to procure insurance through the voluntary market. The
  330  corporation shall operate pursuant to a plan of operation
  331  approved by order of the Financial Services Commission. The plan
  332  is subject to continuous review by the commission. The
  333  commission may, by order, withdraw approval of all or part of a
  334  plan if the commission determines that conditions have changed
  335  since approval was granted and that the purposes of the plan
  336  require changes in the plan. For the purposes of this
  337  subsection, residential coverage includes both personal lines
  338  residential coverage, which consists of the type of coverage
  339  provided by homeowner, mobile home owner, dwelling, tenant,
  340  condominium unit owner, and similar policies; and commercial
  341  lines residential coverage, which consists of the type of
  342  coverage provided by condominium association, apartment
  343  building, and similar policies.
  344         3. With respect to coverage for personal lines residential
  345  structures:
  346         a. Effective January 1, 2014, a structure that has a
  347  dwelling replacement cost of $1 million or more, or a single
  348  condominium unit that has a combined dwelling and contents
  349  replacement cost of $1 million or more, is not eligible for
  350  coverage by the corporation. Such dwellings insured by the
  351  corporation on December 31, 2013, may continue to be covered by
  352  the corporation until the end of the policy term. The office
  353  shall approve the method used by the corporation for valuing the
  354  dwelling replacement cost for the purposes of this subparagraph.
  355  If a policyholder is insured by the corporation before being
  356  determined to be ineligible pursuant to this subparagraph and
  357  such policyholder files a lawsuit challenging the determination,
  358  the policyholder may remain insured by the corporation until the
  359  conclusion of the litigation.
  360         b. Effective January 1, 2015, a structure that has a
  361  dwelling replacement cost of $900,000 or more, or a single
  362  condominium unit that has a combined dwelling and contents
  363  replacement cost of $900,000 or more, is not eligible for
  364  coverage by the corporation. Such dwellings insured by the
  365  corporation on December 31, 2014, may continue to be covered by
  366  the corporation only until the end of the policy term.
  367         c. Effective January 1, 2016, a structure that has a
  368  dwelling replacement cost of $800,000 or more, or a single
  369  condominium unit that has a combined dwelling and contents
  370  replacement cost of $800,000 or more, is not eligible for
  371  coverage by the corporation. Such dwellings insured by the
  372  corporation on December 31, 2015, may continue to be covered by
  373  the corporation until the end of the policy term.
  374         d. Effective January 1, 2017, a structure that has a
  375  dwelling replacement cost of $700,000 or more, or a single
  376  condominium unit that has a combined dwelling and contents
  377  replacement cost of $700,000 or more, is not eligible for
  378  coverage by the corporation. Such dwellings insured by the
  379  corporation on December 31, 2016, may continue to be covered by
  380  the corporation until the end of the policy term.
  381  
  382  The requirements of sub-subparagraphs b.-d. do not apply in
  383  counties where the office determines there is not a reasonable
  384  degree of competition. In such counties a personal lines
  385  residential structure that has a dwelling replacement cost of
  386  less than $1 million, or a single condominium unit that has a
  387  combined dwelling and contents replacement cost of less than $1
  388  million, is eligible for coverage by the corporation.
  389         4. It is the intent of the Legislature that policyholders,
  390  applicants, and agents of the corporation receive service and
  391  treatment of the highest possible level but never less than that
  392  generally provided in the voluntary market. It is also intended
  393  that the corporation be held to service standards no less than
  394  those applied to insurers in the voluntary market by the office
  395  with respect to responsiveness, timeliness, customer courtesy,
  396  and overall dealings with policyholders, applicants, or agents
  397  of the corporation.
  398         5.a. Effective January 1, 2009, a personal lines
  399  residential structure that is located in the “wind-borne debris
  400  region,” as defined in s. 1609.2, International Building Code
  401  (2006), and that has an insured value on the structure of
  402  $750,000 or more is not eligible for coverage by the corporation
  403  unless the structure has opening protections as required under
  404  the Florida Building Code for a newly constructed residential
  405  structure in that area. A residential structure is deemed to
  406  comply with this sub-subparagraph if it has shutters or opening
  407  protections on all openings and if such opening protections
  408  complied with the Florida Building Code at the time they were
  409  installed.
  410         b. Any major structure, as defined in s. 161.54(6)(a), that
  411  is newly constructed, or rebuilt, repaired, restored, or
  412  remodeled to increase the total square footage of finished area
  413  by more than 25 percent, pursuant to a permit applied for after
  414  July 1, 2015, is not eligible for coverage by the corporation if
  415  the structure is seaward of the coastal construction control
  416  line established pursuant to s. 161.053 or is within the Coastal
  417  Barrier Resources System as designated by 16 U.S.C. ss. 3501
  418  3510.
  419         6. With respect to wind-only coverage for commercial lines
  420  residential condominiums, effective July 1, 2014, a condominium
  421  may shall be deemed ineligible for coverage when if 50 percent
  422  or more of the units are rented more than eight times in a
  423  calendar year for a rental agreement period of less than 30
  424  days.
  425         Section 11. Subsection (1) of section 627.421, Florida
  426  Statutes, is amended to read:
  427         627.421 Delivery of policy.—
  428         (1) Subject to the insurer’s requirement as to payment of
  429  premium, every policy shall be mailed, delivered, or
  430  electronically transmitted to the insured or to the person
  431  entitled thereto not later than 60 days after the effectuation
  432  of coverage. Notwithstanding any other provision of law, an
  433  insurer may allow a policyholder of personal lines insurance to
  434  affirmatively elect delivery of the policy documents, including,
  435  but not limited to, policies, endorsements, notices, or
  436  documents, by electronic means in lieu of delivery by mail.
  437  Electronic transmission of a policy for commercial risks,
  438  including, but not limited to, workers’ compensation and
  439  employers’ liability, commercial automobile liability,
  440  commercial automobile physical damage, commercial lines
  441  residential property, commercial nonresidential property,
  442  farmowners insurance, and the types of commercial lines risks
  443  set forth in s. 627.062(3)(d), constitutes delivery to the
  444  insured or to the person entitled to delivery, unless the
  445  insured or the person entitled to delivery communicates to the
  446  insurer in writing or electronically that he or she does not
  447  agree to delivery by electronic means. Electronic transmission
  448  shall include a notice to the insured or to the person entitled
  449  to delivery of a policy of his or her right to receive the
  450  policy via United States mail rather than via electronic
  451  transmission. A paper copy of the policy shall be provided to
  452  the insured or to the person entitled to delivery at his or her
  453  request.
  454         Section 12. Paragraph (d) of subsection (4) of section
  455  627.701, Florida Statutes, is amended to read:
  456         627.701 Liability of insureds; coinsurance; deductibles.—
  457         (4)
  458         (d)1. A personal lines residential property insurance
  459  policy covering a risk valued at less than $500,000 may not have
  460  a hurricane deductible in excess of 10 percent of the policy
  461  dwelling limits, unless the following conditions are met:
  462         a. The policyholder must personally write or type and
  463  provide to the insurer the following statement in his or her own
  464  handwriting and sign his or her name, which must also be signed
  465  by every other named insured on the policy, and dated: “I do not
  466  want the insurance on my home to pay for the first (specify
  467  dollar value) of damage from hurricanes. I will pay those costs.
  468  My insurance will not.”
  469         b. If the structure insured by the policy is subject to a
  470  mortgage or lien, the policyholder must provide the insurer with
  471  a written statement from the mortgageholder or lienholder
  472  indicating that the mortgageholder or lienholder approves the
  473  policyholder electing to have the specified deductible.
  474         2. A deductible subject to the requirements of this
  475  paragraph applies for the term of the policy and for each
  476  renewal thereafter. Changes to the deductible percentage may be
  477  implemented only as of the date of renewal.
  478         3. An insurer shall keep the original copy of the signed
  479  statement required by this paragraph, electronically or
  480  otherwise, and provide a copy to the policyholder providing the
  481  signed statement. A signed statement meeting the requirements of
  482  this paragraph creates a presumption that there was an informed,
  483  knowing election of coverage.
  484         4. The commission shall adopt rules providing appropriate
  485  alternative methods for providing the statements required by
  486  this section for policyholders who have a handicapping or
  487  disabling condition that prevents them from providing a
  488  handwritten statement.
  489         Section 13. Paragraph (a) of subsection (2) and subsection
  490  (3) of section 627.712, Florida Statutes, are amended to read:
  491         627.712 Residential windstorm coverage required;
  492  availability of exclusions for windstorm or contents.—
  493         (2) A property insurer must make available, at the option
  494  of the policyholder, an exclusion of windstorm coverage.
  495         (a) The coverage may be excluded only if:
  496         1. When the policyholder is a natural person, the
  497  policyholder personally writes or types and provides to the
  498  insurer the following statement in his or her own handwriting
  499  and signs his or her name, which must also be signed by every
  500  other named insured on the policy, and dated: “I do not want the
  501  insurance on my (home/mobile home/condominium unit) to pay for
  502  damage from windstorms. I will pay those costs. My insurance
  503  will not.”
  504         2. When the policyholder is other than a natural person,
  505  the policyholder provides to the insurer on the policyholder’s
  506  letterhead the following statement that must be signed by the
  507  policyholder’s authorized representative and dated: “...(Name of
  508  entity)... does not want the insurance on its ...(type of
  509  structure)... to pay for damage from windstorms. ...(Name of
  510  entity)... will be responsible for these costs. ...(Name of
  511  entity’s)... insurance will not.”
  512         (3) An insurer issuing a residential property insurance
  513  policy, except for a condominium unit owner policy or a tenant
  514  policy, must make available, at the option of the policyholder,
  515  an exclusion of coverage for the contents. The coverage may be
  516  excluded only if the policyholder personally writes or types and
  517  provides to the insurer the following statement in his or her
  518  own handwriting and signs his or her signature, which must also
  519  be signed by every other named insured on the policy, and dated:
  520  “I do not want the insurance on my (home/mobile home) to pay for
  521  the costs to repair or replace any contents that are damaged. I
  522  will pay those costs. My insurance will not.”
  523         Section 14. Effective upon this act becoming a law,
  524  paragraph (b) of subsection (1) and paragraph (a) of subsection
  525  (9) of section 627.7152, Florida Statutes, are amended to read:
  526         627.7152 Assignment agreements.—
  527         (1) As used in this section, the term:
  528         (b) “Assignment agreement” means any instrument by which
  529  post-loss benefits under a residential property insurance policy
  530  or commercial property insurance policy, as that term is defined
  531  in s. 627.0625(1), are assigned or transferred, or acquired in
  532  any manner, in whole or in part, to or from a person providing
  533  services, including, but not limited to, services to inspect,
  534  protect, repair, restore, or replace property or to mitigate
  535  against further damage to the property. The term does not
  536  include any instrument by which a licensed public adjuster as
  537  defined in s. 626.854(1) receives any compensation, payment,
  538  commission, fee, or other thing of value for providing services
  539  under such licensure.
  540         (9)(a) An assignee must provide the named insured, insurer,
  541  and the assignor, if not the named insured, with a written
  542  notice of intent to initiate litigation before filing suit under
  543  the policy. Such notice must be served at least 10 business days
  544  before filing suit, but not before the insurer has made a
  545  determination of coverage under s. 627.70131, by certified mail,
  546  return receipt requested, to the name and mailing address
  547  designated by the insurer in the policy forms or by electronic
  548  delivery to the e-mail address designated by the insurer in the
  549  policy forms at least 10 business days before filing suit, but
  550  may not be served before the insurer has made a determination of
  551  coverage under s. 627.70131. The notice must specify the damages
  552  in dispute, the amount claimed, and a presuit settlement demand.
  553  Concurrent with the notice, and as a precondition to filing
  554  suit, the assignee must provide the named insured, insurer, and
  555  the assignor, if not the named insured, a detailed written
  556  invoice or estimate of services, including itemized information
  557  on equipment, materials, and supplies; the number of labor
  558  hours; and, in the case of work performed, proof that the work
  559  has been performed in accordance with accepted industry
  560  standards.
  561         Section 15. Section 627.7276, Florida Statutes, is amended
  562  to read:
  563         627.7276 Notice of limited coverage.—
  564         (1) An automobile policy that does not contain coverage for
  565  bodily injury and property damage must include a notice be
  566  clearly stamped or printed to the effect that such coverage is
  567  not included in the policy in the following manner:
  568  
  569         “THIS POLICY DOES NOT PROVIDE BODILY INJURY AND
  570         PROPERTY DAMAGE LIABILITY INSURANCE OR ANY OTHER
  571         COVERAGE FOR WHICH A SPECIFIC PREMIUM CHARGE IS NOT
  572         MADE, AND DOES NOT COMPLY WITH ANY FINANCIAL
  573         RESPONSIBILITY LAW.”
  574  
  575         (2) This notice legend must accompany appear on the policy
  576  declarations declaration page and on the filing back of the
  577  policy and be printed in a contrasting color from that used on
  578  the policy and in type size larger than the largest type used in
  579  the text at least as large as the type size used on the
  580  declarations page thereof, as an overprint or by a rubber stamp
  581  impression.
  582         Section 16. Section 634.317, Florida Statutes, is amended
  583  to read:
  584         634.317 License and appointment required; exemptions.—A No
  585  person may not solicit, negotiate, or effectuate home warranty
  586  contracts for remuneration in this state unless such person is
  587  licensed and appointed as a sales representative. A licensed and
  588  appointed sales representative is shall be directly responsible
  589  and accountable for all acts of the licensee’s employees. A
  590  licensed personal lines or general lines agent is not required
  591  to be licensed as a sales representative under this section to
  592  solicit, negotiate, advertise, or sell home warranty contracts.
  593         Section 17. Section 634.419, Florida Statutes, is amended
  594  to read:
  595         634.419 License and appointment required; exemptions.—A No
  596  person or an entity may not shall solicit, negotiate, advertise,
  597  or effectuate service warranty contracts in this state unless
  598  such person or entity is licensed and appointed as a sales
  599  representative. Sales representatives are shall be responsible
  600  for the actions of persons under their supervision. However, a
  601  service warranty association licensed as such under this part is
  602  shall not be required to be licensed and appointed as a sales
  603  representative to solicit, negotiate, advertise, or effectuate
  604  its products. A licensed personal lines or general lines agent
  605  is not required to be licensed as a sales representative under
  606  this section to solicit, negotiate, advertise, or sell service
  607  warranty contracts.
  608         Section 18. Effective June 1, 2023, for the purpose of
  609  incorporating the amendment made by this act to section 215.555,
  610  Florida Statutes, in a reference thereto, subsection (10) of
  611  section 624.424, Florida Statutes, is reenacted to read:
  612         624.424 Annual statement and other information.—
  613         (10) Each insurer or insurer group doing business in this
  614  state shall file on a quarterly basis in conjunction with
  615  financial reports required by paragraph (1)(a) a supplemental
  616  report on an individual and group basis on a form prescribed by
  617  the commission with information on personal lines and commercial
  618  lines residential property insurance policies in this state. The
  619  supplemental report shall include separate information for
  620  personal lines property policies and for commercial lines
  621  property policies and totals for each item specified, including
  622  premiums written for each of the property lines of business as
  623  described in ss. 215.555(2)(c) and 627.351(6)(a). The report
  624  shall include the following information for each county on a
  625  monthly basis:
  626         (a) Total number of policies in force at the end of each
  627  month.
  628         (b) Total number of policies canceled.
  629         (c) Total number of policies nonrenewed.
  630         (d) Number of policies canceled due to hurricane risk.
  631         (e) Number of policies nonrenewed due to hurricane risk.
  632         (f) Number of new policies written.
  633         (g) Total dollar value of structure exposure under policies
  634  that include wind coverage.
  635         (h) Number of policies that exclude wind coverage.
  636         Section 19. Effective June 1, 2023, for the purpose of
  637  incorporating the amendment made by this act to section 215.555,
  638  Florida Statutes, in a reference thereto, paragraph (v) of
  639  subsection (6) of section 627.351, Florida Statutes, is
  640  reenacted to read:
  641         627.351 Insurance risk apportionment plans.—
  642         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  643         (v)1. Effective July 1, 2002, policies of the Residential
  644  Property and Casualty Joint Underwriting Association become
  645  policies of the corporation. All obligations, rights, assets and
  646  liabilities of the association, including bonds, note and debt
  647  obligations, and the financing documents pertaining to them
  648  become those of the corporation as of July 1, 2002. The
  649  corporation is not required to issue endorsements or
  650  certificates of assumption to insureds during the remaining term
  651  of in-force transferred policies.
  652         2. Effective July 1, 2002, policies of the Florida
  653  Windstorm Underwriting Association are transferred to the
  654  corporation and become policies of the corporation. All
  655  obligations, rights, assets, and liabilities of the association,
  656  including bonds, note and debt obligations, and the financing
  657  documents pertaining to them are transferred to and assumed by
  658  the corporation on July 1, 2002. The corporation is not required
  659  to issue endorsements or certificates of assumption to insureds
  660  during the remaining term of in-force transferred policies.
  661         3. The Florida Windstorm Underwriting Association and the
  662  Residential Property and Casualty Joint Underwriting Association
  663  shall take all actions necessary to further evidence the
  664  transfers and provide the documents and instruments of further
  665  assurance as may reasonably be requested by the corporation for
  666  that purpose. The corporation shall execute assumptions and
  667  instruments as the trustees or other parties to the financing
  668  documents of the Florida Windstorm Underwriting Association or
  669  the Residential Property and Casualty Joint Underwriting
  670  Association may reasonably request to further evidence the
  671  transfers and assumptions, which transfers and assumptions,
  672  however, are effective on the date provided under this paragraph
  673  whether or not, and regardless of the date on which, the
  674  assumptions or instruments are executed by the corporation.
  675  Subject to the relevant financing documents pertaining to their
  676  outstanding bonds, notes, indebtedness, or other financing
  677  obligations, the moneys, investments, receivables, choses in
  678  action, and other intangibles of the Florida Windstorm
  679  Underwriting Association shall be credited to the coastal
  680  account of the corporation, and those of the personal lines
  681  residential coverage account and the commercial lines
  682  residential coverage account of the Residential Property and
  683  Casualty Joint Underwriting Association shall be credited to the
  684  personal lines account and the commercial lines account,
  685  respectively, of the corporation.
  686         4. Effective July 1, 2002, a new applicant for property
  687  insurance coverage who would otherwise have been eligible for
  688  coverage in the Florida Windstorm Underwriting Association is
  689  eligible for coverage from the corporation as provided in this
  690  subsection.
  691         5. The transfer of all policies, obligations, rights,
  692  assets, and liabilities from the Florida Windstorm Underwriting
  693  Association to the corporation and the renaming of the
  694  Residential Property and Casualty Joint Underwriting Association
  695  as the corporation does not affect the coverage with respect to
  696  covered policies as defined in s. 215.555(2)(c) provided to
  697  these entities by the Florida Hurricane Catastrophe Fund. The
  698  coverage provided by the fund to the Florida Windstorm
  699  Underwriting Association based on its exposures as of June 30,
  700  2002, and each June 30 thereafter shall be redesignated as
  701  coverage for the coastal account of the corporation.
  702  Notwithstanding any other provision of law, the coverage
  703  provided by the fund to the Residential Property and Casualty
  704  Joint Underwriting Association based on its exposures as of June
  705  30, 2002, and each June 30 thereafter shall be transferred to
  706  the personal lines account and the commercial lines account of
  707  the corporation. Notwithstanding any other provision of law, the
  708  coastal account shall be treated, for all Florida Hurricane
  709  Catastrophe Fund purposes, as if it were a separate
  710  participating insurer with its own exposures, reimbursement
  711  premium, and loss reimbursement. Likewise, the personal lines
  712  and commercial lines accounts shall be viewed together, for all
  713  fund purposes, as if the two accounts were one and represent a
  714  single, separate participating insurer with its own exposures,
  715  reimbursement premium, and loss reimbursement. The coverage
  716  provided by the fund to the corporation shall constitute and
  717  operate as a full transfer of coverage from the Florida
  718  Windstorm Underwriting Association and Residential Property and
  719  Casualty Joint Underwriting Association to the corporation.
  720         Section 20. For the purpose of incorporating the amendment
  721  made by this act to section 626.221, Florida Statutes, in a
  722  reference thereto, paragraph (b) of subsection (1) of section
  723  626.8734, Florida Statutes, is reenacted to read:
  724         626.8734 Nonresident all-lines adjuster license
  725  qualifications.—
  726         (1) The department shall issue a license to an applicant
  727  for a nonresident all-lines adjuster license upon determining
  728  that the applicant has paid the applicable license fees required
  729  under s. 624.501 and:
  730         (b) Has passed to the satisfaction of the department a
  731  written Florida all-lines adjuster examination of the scope
  732  prescribed in s. 626.241(6); however, the requirement for the
  733  examination does not apply to:
  734         1. An applicant who is licensed as an all-lines adjuster in
  735  his or her home state if that state has entered into a
  736  reciprocal agreement with the department;
  737         2. An applicant who is licensed as a nonresident all-lines
  738  adjuster in a state other than his or her home state and a
  739  reciprocal agreement with the appropriate official of the state
  740  of licensure has been entered into with the department; or
  741         3. An applicant who holds a certification set forth in s.
  742  626.221(2)(j).
  743         Section 21. For the purpose of incorporating the amendment
  744  made by this act to section 626.856, Florida Statutes, in a
  745  reference thereto, paragraph (e) of subsection (1) of section
  746  626.865, Florida Statutes, is reenacted to read:
  747         626.865 Public adjuster’s qualifications, bond.—
  748         (1) The department shall issue a license to an applicant
  749  for a public adjuster’s license upon determining that the
  750  applicant has paid the applicable fees specified in s. 624.501
  751  and possesses the following qualifications:
  752         (e) Has been licensed in this state as an all-lines
  753  adjuster, and has been appointed on a continual basis for the
  754  previous 6 months as a public adjuster apprentice under s.
  755  626.8561, as an independent adjuster under s. 626.855, or as a
  756  company employee adjuster under s. 626.856.
  757         Section 22. Effective upon this act becoming a law, for the
  758  purpose of incorporating the amendment made by this act to
  759  section 627.7152, Florida Statutes, in references thereto,
  760  subsection (1) and paragraph (d) of subsection (2) of section
  761  627.7153, Florida Statutes, are reenacted to read:
  762         627.7153 Policies restricting assignment of post-loss
  763  benefits under a property insurance policy.—
  764         (1) As used in this section, the term “assignment
  765  agreement” has the same meaning as provided in s. 627.7152.
  766         (2) An insurer may make available a policy that restricts
  767  in whole or in part an insured’s right to execute an assignment
  768  agreement only if all of the following conditions are met:
  769         (d) Each restricted policy include on its face the
  770  following notice in 18-point uppercase and boldfaced type:
  771  
  772         THIS POLICY DOES NOT ALLOW THE UNRESTRICTED ASSIGNMENT
  773         OF POST-LOSS INSURANCE BENEFITS. BY SELECTING THIS
  774         POLICY, YOU WAIVE YOUR RIGHT TO FREELY ASSIGN OR
  775         TRANSFER THE POST-LOSS PROPERTY INSURANCE BENEFITS
  776         AVAILABLE UNDER THIS POLICY TO A THIRD PARTY OR TO
  777         OTHERWISE FREELY ENTER INTO AN ASSIGNMENT AGREEMENT AS
  778         THE TERM IS DEFINED IN SECTION 627.7152 OF THE FLORIDA
  779         STATUTES.
  780         Section 23. Except as otherwise expressly provided in this
  781  act and except for this section, which shall take effect upon
  782  this act becoming a law, this act shall take effect July 1,
  783  2022.