Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 7052
       
       
       
       
       
       
                                Ì592450ÆÎ592450                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/21/2023           .                                
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       The Committee on Fiscal Policy (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (10) of section
    6  624.307, Florida Statutes, is amended to read:
    7         624.307 General powers; duties.—
    8         (10)
    9         (b) Any person licensed or issued a certificate of
   10  authority by the department or the office shall respond, in
   11  writing or electronically, to the division within 14 20 days
   12  after receipt of a written request for documents and information
   13  from the division concerning a consumer complaint. The response
   14  must address the issues and allegations raised in the complaint
   15  and include any requested documents concerning the consumer
   16  complaint not subject to attorney-client or work-product
   17  privilege. The division may impose an administrative penalty for
   18  failure to comply with this paragraph of up to $5,000 $2,500 per
   19  violation upon any entity licensed by the department or the
   20  office and $250 for the first violation, $500 for the second
   21  violation, and up to $1,000 per for the third or subsequent
   22  violation by upon any individual licensed by the department or
   23  the office.
   24         Section 2. Present subsection (4) of section 624.315,
   25  Florida Statutes, is redesignated as subsection (5), and a new
   26  subsection (4) is added to that section, to read:
   27         624.315 Annual reports; quarterly reports report.—
   28         (4)(a)The office shall create a report detailing all
   29  actions of the office to enforce insurer compliance with this
   30  code and all rules and orders of the office or department during
   31  the previous year. For each of the following, the report must
   32  detail the insurer or other licensee or registrant against whom
   33  such action was taken; whether the office found any violation of
   34  law or rule by such party, and, if so, detail such violation;
   35  and the resolution of such action, including any penalties
   36  imposed by the office. The report must be published on the
   37  website of the office and submitted to the commission, the
   38  President of the Senate, the Speaker of the House of
   39  Representatives, and the legislative committees with
   40  jurisdiction over matters of insurance on or before January 31
   41  of each year. The report must include, but need not be limited
   42  to:
   43         1.The revocation, denial, or suspension of any license or
   44  registration issued by the office.
   45         2. All actions taken pursuant to s. 624.310.
   46         3.Fines imposed by the office for violations of this code.
   47         4.Consent orders entered into by the office.
   48         5.Examinations and investigations conducted and completed
   49  by the office pursuant to ss. 624.316 and 624.3161.
   50         6.Investigations conducted and completed, by line of
   51  insurance, for which the office found violations of law or rule
   52  but did not take enforcement action.
   53         (b)Each quarter, the office shall create a report
   54  detailing all actions of the office to enforce insurer
   55  compliance during the previous quarter. The report must include,
   56  but not be limited to, the subjects that must be included in the
   57  annual report under paragraph (a). The report must be submitted
   58  to the commission, the President of the Senate, the Speaker of
   59  the House of Representatives, and the legislative committees
   60  with jurisdiction over matters of insurance. The report is due
   61  on or before April 30, July 31, October 31, and January 31,
   62  respectively, for the immediately preceding quarter. The report
   63  due January 31 may be included within the annual report required
   64  under paragraph (a).
   65         (c)The office need not include within any report required
   66  under this subsection information that would violate any
   67  confidentiality provision included within any agreement, order,
   68  or consent order entered into or promulgated by the office.
   69         Section 3. Subsections (3) and (4) are added to section
   70  624.316, Florida Statutes, to read:
   71         624.316 Examination of insurers.—
   72         (3) The office shall create, and the commission shall adopt
   73  by rule, a risk-based selection methodology for scheduling
   74  examinations of insurers subject to this section. This
   75  requirement does not restrict the authority of the office to
   76  conduct examinations under this section as often as it deems
   77  advisable. Such methodology must include all of the following:
   78         (a)Use of a risk-focused analysis to prioritize financial
   79  examinations of insurers when such reporting indicates a decline
   80  in the insurer’s financial condition.
   81         (b)Consideration of:
   82         1.Level of capitalization and identification of
   83  unfavorable trends;
   84         2.Negative trends in profitability or cash flow from
   85  operations;
   86         3.National Association of Insurance Commissioners
   87  Insurance Regulatory Information System ratio results;
   88         4.Risk-based capital and risk-based capital trend test
   89  results;
   90         5.The structure and complexity of the insurer;
   91         6.Changes in the insurer’s officers or board of directors;
   92         7.Changes in the insurer’s business strategy or
   93  operations;
   94         8.Findings and recommendations from an examination made
   95  pursuant to s. 624.316 or s. 624.3161;
   96         9. Current or pending regulatory actions by the office or
   97  the department;
   98         10.Information obtained from other regulatory agencies or
   99  independent organization ratings and reports; and
  100         11.The impact of an insurer’s insolvency on policyholders
  101  of the insurer and the public generally.
  102         (c)Prioritization of property insurers for which the
  103  office identifies significant concerns about an insurer’s
  104  solvency pursuant to s. 627.7154.
  105         (d)Any other matters the office deems necessary to
  106  consider for the protection of the public.
  107         (4)To facilitate the development of the methodology for
  108  scheduling examinations pursuant to this section, the commission
  109  may adopt by rule the National Association of Insurance
  110  Commissioners Financial Analysis Handbook, to the extent that
  111  the handbook is consistent with and does not negate the
  112  requirements of this section.
  113         Section 4. Subsection (7) of section 624.3161, Florida
  114  Statutes, is amended, and subsection (8) is added to that
  115  section, to read:
  116         624.3161 Market conduct examinations.—
  117         (7) Notwithstanding subsection (1), any authorized insurer
  118  transacting residential property insurance business in this
  119  state:
  120         (a) May be subject to an additional market conduct
  121  examination after a hurricane if, at any time more than 90 days
  122  after the end of the hurricane, the insurer:
  123         (a) is among the top 20 percent of insurers based upon a
  124  calculation of the ratio of hurricane-related property insurance
  125  claims filed to the number of property insurance policies in
  126  force;
  127         (b) Must be subject to a market conduct examination after a
  128  hurricane if, at any time more than 90 days after the end of the
  129  hurricane, the insurer:
  130         1. Is among the top 20 percent of insurers based upon a
  131  calculation of the ratio of hurricane claim-related consumer
  132  complaints made about that insurer to the department to the
  133  insurer’s total number of hurricane-related claims;
  134         2.Is among the top 20 percent of insurers based upon a
  135  calculation of the ratio of hurricane claims closed without
  136  payment to the insurer’s total number of hurricane claims;
  137         3.(c) Has made significant payments to its managing general
  138  agent since the hurricane; or
  139         4.(d) Is identified by the office as necessitating a market
  140  conduct exam for any other reason.
  141  
  142  All relevant criteria under this section and s. 624.316 shall be
  143  applied to the market conduct examination under this subsection.
  144  Such an examination must be initiated within 18 months after the
  145  landfall of a hurricane that results in an executive order or a
  146  state of emergency issued by the Governor. The requirements of
  147  this subsection do not limit the authority of the office to
  148  conduct at any time a market conduct examination of a property
  149  insurer in the aftermath of a hurricane. This subsection does
  150  not require the office to conduct multiple market conduct
  151  examinations of the same insurer when multiple hurricanes make
  152  landfall in this state in a single calendar year. An examination
  153  of an insurer under this subsection must also include an
  154  examination of its managing general agent as if it were the
  155  insurer.
  156         (8) The office shall create, and the commission shall adopt
  157  by rule, a selection methodology for scheduling and conducting
  158  market conduct examinations of insurers and other entities
  159  regulated by the office. This requirement does not restrict the
  160  authority of the office to conduct market conduct examinations
  161  as often as it deems necessary. Such selection methodology must
  162  prioritize market conduct examinations of insurers and other
  163  entities regulated by the office to whom any of the following
  164  conditions applies:
  165         (a)An insurance regulator in another state has initiated
  166  or taken regulatory action against the insurer or entity
  167  regarding an act or omission of such insurer which, if committed
  168  in this state, would constitute a violation of the laws of this
  169  state or any rule or order of the office or department.
  170         (b)Given the insurer’s market share in this state, the
  171  department or the office has received a disproportionate number
  172  of the following types of claims-handling complaints against the
  173  insurer:
  174         1.Failure to timely communicate with respect to claims;
  175         2.Failure to timely pay claims;
  176         3.Untimely payments giving rise to the payment of
  177  statutory interest;
  178         4.Failure to adjust and pay claims in accordance with the
  179  terms and conditions of the policy or contract and in compliance
  180  with state law;
  181         5.Violations of part IX of chapter 626, the Unfair
  182  Insurance Trade Practices Act;
  183         6.Failure to use licensed and duly appointed claims
  184  adjusters;
  185         7.Failure to maintain reasonable claims records; or
  186         8.Failure to adhere to the company’s claims-handling
  187  manual.
  188         (c)The results of a National Association of Insurance
  189  Commissioners Market Conduct Annual Statement indicate that the
  190  insurer is a negative outlier with regard to particular metrics.
  191         (d)There is evidence that the insurer is violating or has
  192  violated the Unfair Insurance Trade Practices Act.
  193         (e)The insurer meets the criteria in subsection (7).
  194         (f)Any other conditions the office deems necessary for the
  195  protection of the public.
  196  
  197  The office shall present the proposed rule required by this
  198  subsection to the commission no later than October 1, 2023. In
  199  addition to the methodology required by this subsection, the
  200  rule must provide criteria for how the office, in coordination
  201  with the department, will determine what constitutes a
  202  disproportionate number of claims-handling complaints described
  203  in paragraph (b).
  204         Section 5. Section 624.4211, Florida Statutes, is amended
  205  to read:
  206         624.4211 Administrative fine in lieu of suspension or
  207  revocation.—
  208         (1) If the office finds that one or more grounds exist for
  209  the discretionary revocation or suspension of a certificate of
  210  authority issued under this chapter, the office may, in lieu of
  211  such revocation or suspension, impose a fine upon the insurer.
  212         (2)(a) With respect to a any nonwillful violation, such
  213  fine may not exceed:
  214         1.Twenty-five thousand dollars per violation, up to an
  215  aggregate amount of $100,000 for all nonwillful violations
  216  arising out of the same action, related to a covered loss or
  217  claim caused by an emergency for which the Governor declared a
  218  state of emergency pursuant to s. 252.36.
  219         2.Twelve thousand five hundred dollars $5,000 per
  220  violation, up to. In no event shall such fine exceed an
  221  aggregate amount of $50,000 $20,000 for all other nonwillful
  222  violations arising out of the same action.
  223         (b) If an insurer discovers a nonwillful violation, the
  224  insurer shall correct the violation and, if restitution is due,
  225  make restitution to all affected persons. Such restitution shall
  226  include interest at 12 percent per year from either the date of
  227  the violation or the date of inception of the affected person’s
  228  policy, at the insurer’s option. The restitution may be a credit
  229  against future premiums due, provided that interest accumulates
  230  until the premiums are due. If the amount of restitution due to
  231  any person is $50 or more and the insurer wishes to credit it
  232  against future premiums, it shall notify such person that she or
  233  he may receive a check instead of a credit. If the credit is on
  234  a policy that is not renewed, the insurer shall pay the
  235  restitution to the person to whom it is due.
  236         (3)(a) With respect to a any knowing and willful violation
  237  of a lawful order or rule of the office or commission or a
  238  provision of this code, the office may impose a fine upon the
  239  insurer in an amount not to exceed:
  240         1.Two hundred thousand dollars for each such violation, up
  241  to an aggregate amount of $1 million for all knowing and willful
  242  violations arising out of the same action, related to a covered
  243  loss or claim caused by an emergency for which the Governor
  244  declared a state of emergency pursuant to s. 252.36.
  245         2.One hundred thousand dollars $40,000 for each such
  246  violation, up to. In no event shall such fine exceed an
  247  aggregate amount of $500,000 $200,000 for all other knowing and
  248  willful violations arising out of the same action.
  249         (b) In addition to such fines, the insurer shall make
  250  restitution when due in accordance with subsection (2).
  251         (4) The failure of an insurer to make restitution when due
  252  as required under this section constitutes a willful violation
  253  of this code. However, if an insurer in good faith is uncertain
  254  as to whether any restitution is due or as to the amount of such
  255  restitution, it shall promptly notify the office of the
  256  circumstances; and the failure to make restitution pending a
  257  determination thereof shall not constitute a violation of this
  258  code.
  259         Section 6. Section 624.4301, Florida Statutes, is created
  260  to read:
  261         624.4301 Notice of temporary discontinuance of writing new
  262  residential property insurance policies.—
  263         (1)Any authorized insurer, before temporarily suspending
  264  writing new residential property insurance policies in this
  265  state, must give notice to the office of the insurer’s reasons
  266  for such action, the effective dates of the temporary
  267  suspension, and the proposed communication to its agents. Such
  268  notice must be provided on a form approved by the office and
  269  adopted by the commission. The insurer shall submit such notice
  270  to the office the earlier of 20 business days before the
  271  effective date of the temporary suspension of writing or 5
  272  business days before notifying its agents of the temporary
  273  suspension of writing. The insurer must provide any other
  274  information requested by the office related to the insurer’s
  275  temporary suspension of writing. The requirements of this
  276  section do not apply to a temporary suspension of writing new
  277  business made in response to a hurricane that may make landfall
  278  in this state if such temporary suspension ceases within 72
  279  hours after hurricane conditions are no longer present in this
  280  state.
  281         (2)The commission may adopt rules to administer this
  282  section.
  283         Section 7. Paragraph (c) of subsection (3) of section
  284  626.207, Florida Statutes, is amended to read:
  285         626.207 Disqualification of applicants and licensees;
  286  penalties against licensees; rulemaking authority.—
  287         (3) An applicant who has been found guilty of or has
  288  pleaded guilty or nolo contendere to a crime not included in
  289  subsection (2), regardless of adjudication, is subject to:
  290         (c) A 7-year disqualifying period for all misdemeanors
  291  directly related to the financial services business or any
  292  violation of the Florida Insurance Code.
  293         Section 8. Subsections (2) and (3) of section 626.9521,
  294  Florida Statutes, are amended to read:
  295         626.9521 Unfair methods of competition and unfair or
  296  deceptive acts or practices prohibited; penalties.—
  297         (2) Except as provided in subsection (3), any person who
  298  violates any provision of this part is subject to a fine in an
  299  amount not greater than $12,500 $5,000 for each nonwillful
  300  violation and not greater than $100,000 $40,000 for each willful
  301  violation. Fines under this subsection imposed against an
  302  insurer may not exceed an aggregate amount of $50,000 $20,000
  303  for all nonwillful violations arising out of the same action or
  304  an aggregate amount of $500,000 $200,000 for all willful
  305  violations arising out of the same action. The fines may be
  306  imposed in addition to any other applicable penalty.
  307         (3)(a) If a person violates s. 626.9541(1)(l), the offense
  308  known as “twisting,” or violates s. 626.9541(1)(aa), the offense
  309  known as “churning,” the person commits a misdemeanor of the
  310  first degree, punishable as provided in s. 775.082, and an
  311  administrative fine not greater than $12,500 $5,000 shall be
  312  imposed for each nonwillful violation or an administrative fine
  313  not greater than $187,500 $75,000 shall be imposed for each
  314  willful violation. To impose an administrative fine for a
  315  willful violation under this paragraph, the practice of
  316  “churning” or “twisting” must involve fraudulent conduct.
  317         (b) If a person violates s. 626.9541(1)(ee) by willfully
  318  submitting fraudulent signatures on an application or policy
  319  related document, the person commits a felony of the third
  320  degree, punishable as provided in s. 775.082, and an
  321  administrative fine not greater than $12,500 $5,000 shall be
  322  imposed for each nonwillful violation or an administrative fine
  323  not greater than $187,500 $75,000 shall be imposed for each
  324  willful violation.
  325         (c) If a person violates any provision of this part and
  326  such violation is related to a covered loss or covered claim
  327  caused by an emergency for which the Governor declared a state
  328  of emergency pursuant to s. 252.36, such person is subject to a
  329  fine in an amount not greater than $25,000 for each nonwillful
  330  violation and not greater than $200,000 for each willful
  331  violation. Fines imposed under this paragraph against an insurer
  332  may not exceed an aggregate amount of $100,000 for all
  333  nonwillful violations arising out of the same action or an
  334  aggregate amount of $1 million for all willful violations
  335  arising out of the same action.
  336         (d) Administrative fines under paragraphs (a) and (b) this
  337  subsection may not exceed an aggregate amount of $125,000
  338  $50,000 for all nonwillful violations arising out of the same
  339  action or an aggregate amount of $625,000 $250,000 for all
  340  willful violations arising out of the same action.
  341         Section 9. Paragraphs (i) and (w) of subsection (1) of
  342  section 626.9541, Florida Statutes, are amended to read:
  343         626.9541 Unfair methods of competition and unfair or
  344  deceptive acts or practices defined.—
  345         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  346  ACTS.—The following are defined as unfair methods of competition
  347  and unfair or deceptive acts or practices:
  348         (i) Unfair claim settlement practices.—
  349         1. Attempting to settle claims on the basis of an
  350  application, when serving as a binder or intended to become a
  351  part of the policy, or any other material document which was
  352  altered without notice to, or knowledge or consent of, the
  353  insured;
  354         2. A material misrepresentation made to an insured or any
  355  other person having an interest in the proceeds payable under
  356  such contract or policy, for the purpose and with the intent of
  357  effecting settlement of such claims, loss, or damage under such
  358  contract or policy on less favorable terms than those provided
  359  in, and contemplated by, such contract or policy;
  360         3. Committing or performing with such frequency as to
  361  indicate a general business practice any of the following:
  362         a. Failing to adopt and implement standards for the proper
  363  investigation of claims;
  364         b. Misrepresenting pertinent facts or insurance policy
  365  provisions relating to coverages at issue;
  366         c. Failing to acknowledge and act promptly upon
  367  communications with respect to claims;
  368         d. Denying claims without conducting reasonable
  369  investigations based upon available information;
  370         e. Failing to affirm or deny full or partial coverage of
  371  claims, and, as to partial coverage, the dollar amount or extent
  372  of coverage, or failing to provide a written statement that the
  373  claim is being investigated, upon the written request of the
  374  insured within 30 days after proof-of-loss statements have been
  375  completed;
  376         f. Failing to promptly provide a reasonable explanation in
  377  writing to the insured of the basis in the insurance policy, in
  378  relation to the facts or applicable law, for denial of a claim
  379  or for the offer of a compromise settlement;
  380         g. Failing to promptly notify the insured of any additional
  381  information necessary for the processing of a claim;
  382         h. Failing to clearly explain the nature of the requested
  383  information and the reasons why such information is necessary;
  384  or
  385         i. Failing to pay personal injury protection insurance
  386  claims within the time periods required by s. 627.736(4)(b). The
  387  office may order the insurer to pay restitution to a
  388  policyholder, medical provider, or other claimant, including
  389  interest at a rate consistent with the amount set forth in s.
  390  55.03(1), for the time period within which an insurer fails to
  391  pay claims as required by law. Restitution is in addition to any
  392  other penalties allowed by law, including, but not limited to,
  393  the suspension of the insurer’s certificate of authority; or
  394         j.Altering or amending an insurance adjuster’s report
  395  without:
  396         (I)Providing a detailed explanation as to why any change
  397  that has the effect of reducing the estimate of the loss was
  398  made; and
  399         (II)Including on the report or as an addendum to the
  400  report a detailed list of all changes made to the report and the
  401  identity of the person who ordered each change; or
  402         (III)Retaining all versions of the report, and including
  403  within each such version, for each change made within such
  404  version of the report, the identity of each person who made or
  405  ordered such change; or
  406         4. Failing to pay undisputed amounts of partial or full
  407  benefits owed under first-party property insurance policies
  408  within 60 days after an insurer receives notice of a residential
  409  property insurance claim, determines the amounts of partial or
  410  full benefits, and agrees to coverage, unless payment of the
  411  undisputed benefits is prevented by factors beyond the control
  412  of the insurer as defined in s. 627.70131(5).
  413         (w) Soliciting or accepting new or renewal insurance risks
  414  by insolvent or impaired insurer or receipt of certain bonuses
  415  by an officer or director of an insolvent insurer prohibited;
  416  penalty.—
  417         1. Whether or not delinquency proceedings as to the insurer
  418  have been or are to be initiated, but while such insolvency or
  419  impairment exists, no director or officer of an insurer, except
  420  with the written permission of the office, shall authorize or
  421  permit the insurer to solicit or accept new or renewal insurance
  422  risks in this state after such director or officer knew, or
  423  reasonably should have known, that the insurer was insolvent or
  424  impaired.
  425         2.Regardless of whether delinquency proceedings as to the
  426  insurer have been or are to be initiated, but while such
  427  insolvency or impairment exists, a director or an officer of an
  428  impaired insurer may not receive a bonus from such insurer, nor
  429  may such director or officer receive a bonus from a holding
  430  company or an affiliate that shares common ownership or control
  431  with such insurer.
  432         3.As used in this paragraph, the term:
  433         a.“Bonus” means a payment, in addition to an officer’s or
  434  a director’s usual compensation, which is in addition to any
  435  amounts contracted for or otherwise legally due.
  436         b. “Impaired” includes impairment of capital or surplus, as
  437  defined in s. 631.011(12) and (13).
  438         4.2. Any such director or officer, upon conviction of a
  439  violation of this paragraph, commits is guilty of a felony of
  440  the third degree, punishable as provided in s. 775.082, s.
  441  775.083, or s. 775.084.
  442         Section 10. Subsection (6) of section 626.989, Florida
  443  Statutes, is amended, and subsection (10) is added to that
  444  section, to read:
  445         626.989 Investigation by department or Division of
  446  Investigative and Forensic Services; compliance; immunity;
  447  confidential information; reports to division; division
  448  investigator’s power of arrest.—
  449         (6)(a) Any person, other than an insurer, agent, or other
  450  person licensed under the code, or an employee thereof, having
  451  knowledge or who believes that a fraudulent insurance act or any
  452  other act or practice which, upon conviction, constitutes a
  453  felony or a misdemeanor under the code, or under s. 817.234, is
  454  being or has been committed may send to the Division of
  455  Investigative and Forensic Services a report or information
  456  pertinent to such knowledge or belief and such additional
  457  information relative thereto as the department may request. Any
  458  professional practitioner licensed or regulated by the
  459  Department of Business and Professional Regulation, except as
  460  otherwise provided by law, any medical review committee as
  461  defined in s. 766.101, any private medical review committee, and
  462  any insurer, agent, or other person licensed under the code, or
  463  an employee thereof, having knowledge or who believes that a
  464  fraudulent insurance act or any other act or practice which,
  465  upon conviction, constitutes a felony or a misdemeanor under the
  466  code, or under s. 817.234, is being or has been committed shall
  467  send to the Division of Investigative and Forensic Services a
  468  report or information pertinent to such knowledge or belief and
  469  such additional information relative thereto as the department
  470  may require.
  471         (b) The Division of Investigative and Forensic Services
  472  shall review such information or reports and select such
  473  information or reports as, in its judgment, may require further
  474  investigation. It shall then cause an independent examination of
  475  the facts surrounding such information or report to be made to
  476  determine the extent, if any, to which a fraudulent insurance
  477  act or any other act or practice which, upon conviction,
  478  constitutes a felony or a misdemeanor under the code, or under
  479  s. 817.234, is being committed.
  480         (c) The Division of Investigative and Forensic Services
  481  shall report any alleged violations of law which its
  482  investigations disclose to the appropriate licensing agency and
  483  state attorney or other prosecuting agency having jurisdiction,
  484  including, but not limited to, the statewide prosecutor for
  485  crimes that impact two or more judicial circuits in this state,
  486  with respect to any such violation, as provided in s. 624.310.
  487  If prosecution by the state attorney or other prosecuting agency
  488  having jurisdiction with respect to such violation is not begun
  489  within 60 days of the division’s report, the state attorney or
  490  other prosecuting agency having jurisdiction with respect to
  491  such violation shall inform the division of the reasons for the
  492  lack of prosecution.
  493         (10)The Division of Investigative and Forensic Services
  494  Bureau of Insurance Fraud shall prepare and submit a performance
  495  report to the President of the Senate and the Speaker of the
  496  House of Representatives by January 1 of each year. The annual
  497  report must include, but need not be limited to:
  498         (a) The total number of initial referrals received, cases
  499  opened, cases presented for prosecution, cases closed, and
  500  convictions resulting from cases presented for prosecution by
  501  the Bureau of Insurance Fraud, by type of insurance fraud and
  502  circuit.
  503         (b) The number of referrals received from insurers, the
  504  office, and the Division of Consumer Services of the department,
  505  and the outcome of those referrals.
  506         (c) The number of investigations undertaken by the Bureau
  507  of Insurance Fraud which were not the result of a referral from
  508  an insurer and the outcome of those referrals.
  509         (d) The number of investigations that resulted in a
  510  referral to a regulatory agency and the disposition of those
  511  referrals.
  512         (e) The number of cases presented by the Bureau of
  513  Insurance Fraud which local prosecutors or the statewide
  514  prosecutor declined to prosecute and the reasons provided for
  515  declining prosecution.
  516         (f)A summary of the annual report required under s.
  517  626.9896.
  518         (g)The total number of employees assigned to the Bureau of
  519  Insurance Fraud, delineated by location of staff assigned, and
  520  the number and location of employees assigned to the Bureau of
  521  Insurance Fraud who were assigned to work other types of fraud
  522  cases.
  523         (h) The average caseload and turnaround time by type of
  524  case for each investigator.
  525         (i) The training provided during the year to insurance
  526  fraud investigators.
  527         Section 11. Subsections (1), (3), and (4) of section
  528  627.0629, Florida Statutes, are amended to read:
  529         627.0629 Residential property insurance; rate filings.—
  530         (1) It is the intent of the Legislature that insurers
  531  provide savings to consumers who install or implement windstorm
  532  damage mitigation techniques, alterations, or solutions to their
  533  properties to prevent windstorm losses. A rate filing for
  534  residential property insurance must include actuarially
  535  reasonable discounts, credits, or other rate differentials, or
  536  appropriate reductions in deductibles, for properties on which
  537  fixtures or construction techniques demonstrated to reduce the
  538  amount of loss in a windstorm have been installed or
  539  implemented. The fixtures or construction techniques must
  540  include, but are not limited to, fixtures or construction
  541  techniques that enhance roof strength, roof covering
  542  performance, roof-to-wall strength, wall-to-floor-to-foundation
  543  strength, opening protection, and window, door, and skylight
  544  strength. Credits, discounts, or other rate differentials, or
  545  appropriate reductions in deductibles, for fixtures and
  546  construction techniques that meet the minimum requirements of
  547  the Florida Building Code must be included in the rate filing.
  548  The office shall determine the discounts, credits, other rate
  549  differentials, and appropriate reductions in deductibles that
  550  reflect the full actuarial value of such revaluation, which may
  551  be used by insurers in rate filings. Effective October 1, 2023,
  552  each insurer subject to the requirements of this section must
  553  provide information on the insurer’s website describing the
  554  hurricane mitigation discounts available to policyholders. Such
  555  information must be accessible on, or through a hyperlink
  556  located on, the home page of the insurer’s website or the
  557  primary page of the insurer’s website for property insurance
  558  policyholders or applicants for such coverage in this state. On
  559  or before January 1, 2025, and every 5 years thereafter, the
  560  office shall reevaluate and update the fixtures or construction
  561  techniques demonstrated to reduce the amount of loss in a
  562  windstorm and the discounts, credits, other rate differentials,
  563  and appropriate reductions in deductibles that reflect the full
  564  actuarial value of such fixtures or construction techniques. The
  565  office shall adopt rules and forms necessitated by such
  566  reevaluation.
  567         (3) A rate filing made on or after July 1, 1995, for mobile
  568  home owner insurance must include appropriate discounts,
  569  credits, or other rate differentials for mobile homes
  570  constructed to comply with American Society of Civil Engineers
  571  Standard ANSI/ASCE 7-88, adopted by the United States Department
  572  of Housing and Urban Development on July 13, 1994, and that also
  573  comply with all applicable tie-down requirements provided by
  574  state law.
  575         (4) The Legislature finds that separate consideration and
  576  notice of hurricane insurance premiums will assist consumers by
  577  providing greater assurance that hurricane premiums are lawful
  578  and by providing more complete information regarding the
  579  components of property insurance premiums. Effective January 1,
  580  1997, A rate filing for residential property insurance shall be
  581  separated into two components, rates for hurricane coverage and
  582  rates for all other coverages. A premium notice reflecting a
  583  rate implemented on the basis of such a filing shall separately
  584  indicate the premium for hurricane coverage and the premium for
  585  all other coverages.
  586         Section 12. Paragraph (ll) is added to subsection (6) of
  587  section 627.351, Florida Statutes, to read:
  588         627.351 Insurance risk apportionment plans.—
  589         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  590         (ll) The corporation may not determine that a risk is
  591  ineligible for coverage with the corporation solely because such
  592  risk has unrepaired damage caused by a covered loss that is the
  593  subject of a claim that has been filed with the Florida
  594  Insurance Guaranty Association. This paragraph applies to a risk
  595  until the earlier of 36 months after the date the Florida
  596  Insurance Guaranty Association began servicing such claim or the
  597  Florida Insurance Guaranty Association closes the claim.
  598         Section 13. Subsection (4) of section 627.410, Florida
  599  Statutes, is amended to read:
  600         627.410 Filing, approval of forms.—
  601         (4) The office may, by order, exempt from the requirements
  602  of this section for so long as it deems proper any insurance
  603  document or form or type thereof as specified in such order, to
  604  which, in its opinion, this section may not practicably be
  605  applied, or the filing and approval of which are, in its
  606  opinion, not desirable or necessary for the protection of the
  607  public. The office may not exempt from the requirements of this
  608  section the insurance documents or forms of any insurer, against
  609  whom the office enters a final order determining that such
  610  insurer violated any provision of this code, for a period of 36
  611  months after the date of such order, and may not be deemed
  612  approved under subsection (2).
  613         Section 14. Section 627.4108, Florida Statutes, is created
  614  to read:
  615         627.4108 Claims-handling manuals; submission; attestation.—
  616         (1) Each authorized residential property insurer conducting
  617  business in this state must create and use a claims-handling
  618  manual that provides guidelines and procedures and that complies
  619  with the requirements of this code and comports to usual and
  620  customary industry claims-handling practices. Such manual must
  621  include guidelines and procedures for:
  622         (a)Initially receiving and acknowledging initial receipt
  623  of the claim and reviewing and evaluating the claim;
  624         (b)Communicating with policyholders, beginning with the
  625  receipt of the claim and continuing until closure of the claim;
  626         (c)Setting the claim reserve;
  627         (d)Investigating the claim, including conducting
  628  inspections of the property that is the subject of the claim;
  629         (e)Making preliminary estimates and estimates of the
  630  covered damages to the insured property and communicating such
  631  estimates to the policyholder;
  632         (f)The payment, partial payment, or denial of the claim
  633  and communicating such claim decision to the policyholder;
  634         (g)Closing claims; and
  635         (h)Any aspect of the claims-handling process which the
  636  office determines should be included in the claims-handling
  637  manual in order to:
  638         1.Comply with the laws of this state or rules or orders of
  639  the office or department;
  640         2.Ensure the claims-handling manual comports with usual
  641  and customary industry claims-handling guidelines; or
  642         3.Protect policyholders of the insurer or the general
  643  public.
  644         (2) At any time, the office may request that a residential
  645  property insurer submit a physical or electronic copy of the
  646  insurer’s currently applicable, or otherwise specifically
  647  requested, claims-handling manuals. Upon receiving such a
  648  request, a residential property insurer must submit to the
  649  office within 5 business days:
  650         (a)A true and correct copy of each claims-handling manual
  651  requested; and
  652         (b)An attestation, on a form prescribed by the commission,
  653  that certifies:
  654         1.That the insurer has provided a true and correct copy of
  655  each currently applicable, or otherwise specifically requested,
  656  claims-handling manual; and
  657         2.The timeframe for which each submitted claims-handling
  658  manual was or is in effect.
  659         (3)(a)Annually, each authorized residential property
  660  insurer must certify and attest, on a form prescribed by the
  661  commission, that:
  662         1.Each of the insurer’s current claims-handling manuals
  663  complies with the requirements of this code and comports to
  664  usual and customary industry claims-handling practices; and
  665         2.The insurer maintains adequate resources available to
  666  implement the requirements of each of its claims-handling
  667  manuals at all times, including during natural disasters and
  668  catastrophic events.
  669         (b)Such attestation must be submitted to the office:
  670         1. On or before August 1, 2023; and
  671         2. Annually thereafter, on or before May 1 of each calendar
  672  year.
  673         (4)The commission is authorized, and all conditions are
  674  deemed met, to adopt emergency rules under s. 120.54(4), for the
  675  purpose of implementing this section. Notwithstanding any other
  676  law, emergency rules adopted under this section are effective
  677  for 6 months after adoption and may be renewed during the
  678  pendency of procedures to adopt permanent rules addressing the
  679  subject of the emergency rules.
  680         Section 15. Paragraph (d) of subsection (2) of section
  681  627.4133, Florida Statutes, is amended to read:
  682         627.4133 Notice of cancellation, nonrenewal, or renewal
  683  premium.—
  684         (2) With respect to any personal lines or commercial
  685  residential property insurance policy, including, but not
  686  limited to, any homeowner, mobile home owner, farmowner,
  687  condominium association, condominium unit owner, apartment
  688  building, or other policy covering a residential structure or
  689  its contents:
  690         (d)1. Upon a declaration of an emergency pursuant to s.
  691  252.36 and the filing of an order by the Commissioner of
  692  Insurance Regulation, An authorized insurer may not cancel or
  693  nonrenew a personal residential or commercial residential
  694  property insurance policy covering a dwelling or residential
  695  property located in this state:
  696         a.For a period of 90 days after the dwelling or
  697  residential property has been repaired, if such property which
  698  has been damaged as a result of a hurricane or wind loss that is
  699  the subject of the declaration of emergency pursuant to s.
  700  252.36 and the filing of an order by the Commissioner of
  701  Insurance Regulation for a period of 90 days after the dwelling
  702  or residential property has been repaired. A structure is deemed
  703  to be repaired when substantially completed and restored to the
  704  extent that it is insurable by another authorized insurer that
  705  is writing policies in this state.
  706         b.Until the earlier of when the dwelling or residential
  707  property has been repaired or 1 year after the insurer issues
  708  the final claim payment, if such property was damaged by any
  709  covered peril and sub-subparagraph a. does not apply.
  710         2. However, an insurer or agent may cancel or nonrenew such
  711  a policy prior to the repair of the dwelling or residential
  712  property:
  713         a. Upon 10 days’ notice for nonpayment of premium; or
  714         b. Upon 45 days’ notice:
  715         (I) For a material misstatement or fraud related to the
  716  claim;
  717         (II) If the insurer determines that the insured has
  718  unreasonably caused a delay in the repair of the dwelling; or
  719         (III) If the insurer has paid policy limits.
  720         3. If the insurer elects to nonrenew a policy covering a
  721  property that has been damaged, the insurer shall provide at
  722  least 90 days’ notice to the insured that the insurer intends to
  723  nonrenew the policy 90 days after the dwelling or residential
  724  property has been repaired. Nothing in this paragraph shall
  725  prevent the insurer from canceling or nonrenewing the policy 90
  726  days after the repairs are complete for the same reasons the
  727  insurer would otherwise have canceled or nonrenewed the policy
  728  but for the limitations of subparagraph 1. The Financial
  729  Services Commission may adopt rules, and the Commissioner of
  730  Insurance Regulation may issue orders, necessary to implement
  731  this paragraph.
  732         4. This paragraph shall also apply to personal residential
  733  and commercial residential policies covering property that was
  734  damaged as the result of Hurricane Ian or Hurricane Nicole
  735  Tropical Storm Bonnie, Hurricane Charley, Hurricane Frances,
  736  Hurricane Ivan, or Hurricane Jeanne.
  737         5.For purposes of this paragraph:
  738         a.A structure is deemed to be repaired when substantially
  739  completed and restored to the extent that it is insurable by
  740  another authorized insurer writing policies in this state.
  741         b.The term insurer” means an authorized insurer.
  742         Section 16. Subsection (3) is added to section 627.426,
  743  Florida Statutes, to read:
  744         627.426 Claims administration.—
  745         (3)(a)Upon receiving actual notice of an incident or a
  746  loss that could give rise to a covered liability claim under an
  747  insurance policy, each liability insurer must:
  748         1.Assign a licensed and appointed insurance adjuster to
  749  investigate the extent of the insured’s probable exposure and
  750  diligently attempt to resolve any questions concerning the
  751  existence or extent of the insured’s coverage.
  752         2. Evaluate the claim ethically, fairly, honestly, and with
  753  due regard for the interests of the insured based on available
  754  information; consider the extent of the claimant’s recoverable
  755  damages; and consider the information in a reasonable and
  756  prudent manner.
  757         3.Request from the insured or claimant additional relevant
  758  information the insurer reasonably deems necessary to evaluate
  759  whether to settle a claim.
  760         4. Conduct all oral and written communications with the
  761  insured with honesty and candor.
  762         5.Make reasonable efforts to explain to persons not
  763  represented by counsel matters requiring expertise beyond the
  764  level normally expected of a layperson with no training in
  765  insurance or claims-handling issues.
  766         6.Retain all written communications and notes and retain a
  767  summary of all verbal communications in a reasonable manner for
  768  a period of not less than 5 years after the later of the entry
  769  of a judgment against the insured in excess of policy limits
  770  becomes final or the conclusion of the extracontractual claim,
  771  if any, including any related appeals.
  772         7.Provide the insured, within 30 days of a request, with
  773  all communications related to the insurer’s handling of the
  774  claim which are not privileged as to the insured.
  775         8.Provide, at the insurer’s expense, reasonable
  776  accommodations necessary to communicate effectively with an
  777  insured covered under the Americans with Disabilities Act.
  778         9. Communicate to an insured all of the following within 15
  779  days after notice of the existence of a third-party claim:
  780         a.The identity of any other person or entity the insurer
  781  has reason to believe may be liable.
  782         b.The insurer’s evaluation of the claim.
  783         c.The likelihood and possible extent of an excess
  784  judgment.
  785         d.Steps the insured can take to avoid exposure to an
  786  excess judgment, including the right to secure personal counsel
  787  at the insured’s expense.
  788         e.The insured’s duty to cooperate with the insurer,
  789  including any specific requests required because of a settlement
  790  opportunity or by the insurer in accordance with the policy, the
  791  purpose of the required cooperation, and the consequences of
  792  refusing to cooperate.
  793         f.Any settlement demands or offers.
  794         10. Initiate settlement negotiations by tendering its
  795  policy limits to the claimant in exchange for a general release
  796  of the insured if, after the expiration of the safe harbor
  797  periods in s. 624.155(4) or (6), as applicable, the facts
  798  available to the insurer indicate that the insured’s liability
  799  is likely to exceed the policy limits.
  800         11. Give fair consideration to a settlement offer that is
  801  not unreasonable under the facts available to the insurer and
  802  settle, if possible, when a reasonably prudent person, faced
  803  with the prospect of paying the total probable exposure of the
  804  insured, would do so. The insurer shall provide reasonable
  805  assistance to the insured to comply with the insured’s
  806  obligations to cooperate and act reasonably to attempt to
  807  satisfy any conditions of a claimant’s settlement offer. If it
  808  is not possible to settle a liability claim within the available
  809  policy limits, the insurer shall act reasonably to attempt to
  810  minimize the excess exposure to the insured.
  811         12. Attempt to minimize the magnitude of possible excess
  812  judgments against the insured when multiple claims arise out of
  813  a single occurrence and the combined value of all claims exceeds
  814  the total of all applicable policy limits by attempting to
  815  globally settle with all such claimants within the policy limits
  816  in exchange for a general release of the insured by all
  817  claimants. If the insurer is unable to globally settle all
  818  claims in exchange for a general release from all claimants, it
  819  may utilize either process provided under s. 624.155(6). An
  820  insurer does not violate this section simply because it is
  821  unable to settle all claims in a multiple claimant case.
  822         13. Attempt to settle the claim on behalf of all insureds
  823  against whom a claim may be presented if a loss creates the
  824  potential for a third-party claim against more than one insured.
  825  If it is not possible to settle on behalf of all insureds, the
  826  insurer, in consultation with the insureds, must attempt to
  827  enter into reasonable settlements of claims against certain
  828  insureds to the exclusion of other insureds.
  829         14. Respond to any request for insurance information in
  830  compliance with s. 626.9372 or s. 627.4137, as applicable.
  831         15. Take reasonable measures to preserve evidence, for a
  832  reasonable period of time, which is needed for the defense of
  833  the liability claim if it appears the insured’s probable
  834  exposure is greater than policy limits.
  835         16. Comply with subsections (1) and (2), if applicable.
  836         17. Comply with the Unfair Insurance Trade Practices Act.
  837         (b)As used in this subsection, the term “actual notice”
  838  means the insurer’s receipt of notice of an incident or a loss
  839  that could give rise to a covered claim that is communicated to
  840  the insurer or an agent of the insurer:
  841         1.By any manner permitted by the policy or other documents
  842  provided to the insured by the insurer;
  843         2.Through the claims link on the insurer’s website; or
  844         3.Through the e-mail address designated by the insurer
  845  under s. 624.422.
  846         (c)Any violation of this subsection constitutes a
  847  violation of the Florida Insurance Code and is subject to any
  848  applicable enforcement provisions therein. This subsection does
  849  not create a civil cause of action, nor does it abrogate or
  850  diminish any civil cause of action currently existing in
  851  statutory or common law.
  852         Section 17. Paragraph (a) of subsection (10) of section
  853  627.701, Florida Statutes, is amended to read:
  854         627.701 Liability of insureds; coinsurance; deductibles.—
  855         (10)(a) Notwithstanding any other provision of law, an
  856  insurer issuing a personal lines residential property insurance
  857  policy may include in such policy a separate roof deductible
  858  that meets all of the following requirements:
  859         1. The insurer has complied with the offer requirements
  860  under subsection (7) regarding a deductible applicable to losses
  861  from perils other than a hurricane.
  862         2. The roof deductible may not exceed the lesser of 2
  863  percent of the Coverage A limit of the policy or 50 percent of
  864  the cost to replace the roof.
  865         3. The premium that a policyholder is charged for the
  866  policy includes an actuarially sound credit or premium discount
  867  for the roof deductible.
  868         4. The roof deductible applies only to a claim adjusted on
  869  a replacement cost basis.
  870         5. The roof deductible does not apply to any of the
  871  following events:
  872         a. A total loss to a primary structure in accordance with
  873  the valued policy law under s. 627.702 which is caused by a
  874  covered peril.
  875         b. A roof loss resulting from a hurricane as defined in s.
  876  627.4025(2)(c).
  877         c. A roof loss resulting from a tree fall or other hazard
  878  that damages the roof and punctures the roof deck.
  879         d. A roof loss requiring the repair of less than 50 percent
  880  of the roof.
  881  
  882  If a roof deductible is applied, no other deductible under the
  883  policy may be applied to the loss or to any other loss to the
  884  property caused by the same covered peril.
  885         Section 18. Subsection (2) of section 627.70132, Florida
  886  Statutes, is amended to read:
  887         627.70132 Notice of property insurance claim.—
  888         (2) A claim or reopened claim, but not a supplemental
  889  claim, under an insurance policy that provides property
  890  insurance, as defined in s. 624.604, including a property
  891  insurance policy issued by an eligible surplus lines insurer,
  892  for loss or damage caused by any peril is barred unless notice
  893  of the claim was given to the insurer in accordance with the
  894  terms of the policy within 1 year after the date of loss. A
  895  supplemental claim is barred unless notice of the supplemental
  896  claim was given to the insurer in accordance with the terms of
  897  the policy within 18 months after the date of loss. The time
  898  limitations of this subsection are tolled during any term of
  899  deployment to a combat zone or combat support posting which
  900  materially affects the ability of a servicemember as defined in
  901  s. 250.01 to file a claim, supplemental claim, or reopened
  902  claim.
  903         Section 19. Chapter 2022-271, Laws of Florida, shall not be
  904  construed to impair any right under an insurance contract in
  905  effect on or before the effective date of that chapter law. To
  906  the extent that chapter 2022-271, Laws of Florida, affects a
  907  right under an insurance contract, that chapter law applies to
  908  an insurance contract issued or renewed after the effective date
  909  of that chapter law. This section is intended to clarify
  910  existing law and is remedial in nature.
  911         Section 20. (1)Every residential property insurer and
  912  every motor vehicle insurer rate filing made or pending with the
  913  Office of Insurance Regulation on or after July 1, 2023, must
  914  reflect the projected savings or reduction in claim frequency,
  915  claim severity, and loss adjustment expenses, including for
  916  attorney fees, payment of attorney fees to claimants, and any
  917  other reduction actuarially indicated, due to the combined
  918  effect of the applicable provisions of chapters 2021-77, 2022
  919  268, 2022-271, and 2023-15, Laws of Florida, in order to ensure
  920  that rates for such insurance accurately reflect the risk of
  921  providing such insurance.
  922         (2)The Office of Insurance Regulation must consider in its
  923  review of such rate filings the projected savings or reduction
  924  in claim frequency, claim severity, and loss adjustment
  925  expenses, including for attorney fees, payment of attorney fees
  926  to claimants, and any other reduction actuarially indicated, due
  927  to the combined effect of the applicable provisions of chapters
  928  2021-77, 2022-268, 2022-271, and 2023-15, Laws of Florida. The
  929  office may develop a factor or factors using generally accepted
  930  actuarial techniques and standards to be used in its review of
  931  rate filings governed by this section. The office may contract
  932  with an appropriate vendor to advise the office in determining
  933  such factor or factors. Such factor or factors are not intended
  934  to create a mandatory minimum rate decrease for all motor
  935  vehicle insurers and property insurers, respectively, but rather
  936  to ensure that the rates for such coverage meet the requirements
  937  of s. 627.062, Florida Statutes, and thus are not excessive,
  938  inadequate, or unfairly discriminatory and allow such insurers a
  939  reasonable rate of return.
  940         (3)This section does not apply to rate filings made
  941  pursuant to s. 627.062(2)(k), Florida Statutes.
  942         (4)For the 2023-2024 fiscal year, the sum of $500,000 in
  943  nonrecurring funds is appropriated from the Insurance Regulatory
  944  Trust Fund in the Department of Financial Services to the Office
  945  of Insurance Regulation to implement this section.
  946         Section 21. For the 2023-2024 fiscal year, 18 full-time
  947  equivalent positions with associated salary rate of 1,116,500
  948  are authorized and the sum of $1,879,129 in recurring funds and
  949  $185,086 in nonrecurring funds is appropriated from the
  950  Insurance Regulatory Trust Fund to the Office of Insurance
  951  Regulation to implement this act.
  952         Section 22. For the 2023-2024 fiscal year, seven full-time
  953  equivalent positions with associated salary rate of 350,000 are
  954  authorized and the sum of $574,036 in recurring funds and
  955  $33,467 in nonrecurring funds is appropriated from the Insurance
  956  Regulatory Trust Fund to the Department of Financial Services to
  957  implement this act.
  958         Section 23. This act shall take effect July 1, 2023.
  959  
  960  ================= T I T L E  A M E N D M E N T ================
  961  And the title is amended as follows:
  962         Delete everything before the enacting clause
  963  and insert:
  964                        A bill to be entitled                      
  965         An act relating to insurer accountability; amending s.
  966         624.307, F.S.; authorizing electronic responses to
  967         certain requests from the Division of Consumer
  968         Services of the Department of Financial Services
  969         concerning consumer complaints; revising the timeframe
  970         in which responses must be made; revising
  971         administrative penalties; amending s. 624.315, F.S.;
  972         requiring the Office of Insurance Regulation to
  973         annually and quarterly create and publish specified
  974         reports relating to the enforcement of insurer
  975         compliance; requiring the office to submit such
  976         reports to the Financial Services Commission and the
  977         Legislature by specified dates; amending s. 624.316,
  978         F.S.; requiring the office to create a specified
  979         methodology for scheduling examinations of insurers;
  980         specifying requirements for such methodology;
  981         providing construction; authorizing the commission to
  982         adopt rules; amending s. 624.3161, F.S.; revising
  983         requirements and conditions for certain insurer market
  984         conduct examinations after a hurricane; providing
  985         construction; requiring the office to create, and the
  986         commission to adopt by rule, a specified selection
  987         methodology for examinations; specifying requirements
  988         for such methodology; specifying rulemaking
  989         requirements; amending s. 624.4211, F.S.; revising
  990         administrative fines the office may impose in lieu of
  991         revocation or suspension; creating s. 624.4301, F.S.;
  992         specifying requirements for residential property
  993         insurers temporarily suspending writing new policies
  994         in notifying the office; authorizing the commission to
  995         adopt rules; amending s. 626.207, F.S.; revising a
  996         condition for disqualification of an insurance
  997         representative applicant or licensee; amending s.
  998         626.9521, F.S.; revising and specifying applicable
  999         fines for unfair methods of competition and unfair or
 1000         deceptive acts or practices; amending s. 626.9541,
 1001         F.S.; adding an unfair claim settlement practice by an
 1002         insurer; prohibiting an officer or a director of an
 1003         impaired insurer from receiving a bonus from such
 1004         insurer or from certain holding companies or
 1005         affiliates; defining the term “bonus”; providing a
 1006         criminal penalty; amending s. 626.989, F.S.; revising
 1007         a reporting requirement for the department’s Division
 1008         of Investigative and Forensic Services; requiring the
 1009         division to submit an annual performance report to the
 1010         Legislature; specifying requirements for the report;
 1011         amending s. 627.0629, F.S.; specifying requirements
 1012         for residential property insurers in providing certain
 1013         hurricane mitigation discount information to
 1014         policyholders in a specified manner; specifying
 1015         requirements for the office in reevaluating and
 1016         updating certain fixtures and construction techniques;
 1017         deleting obsolete dates; amending s. 627.351, F.S.;
 1018         prohibiting Citizens Property Insurance Corporation
 1019         from determining that a risk is ineligible for
 1020         coverage solely on a specified basis; providing
 1021         applicability; amending s. 627.410, F.S.; prohibiting
 1022         the office from exempting specified insurers from form
 1023         filing requirements for a specified period; providing
 1024         construction; creating s. 627.4108, F.S.; specifying
 1025         requirements for residential property insurers in
 1026         creating and using claims-handling manuals;
 1027         authorizing the office to request submission of such
 1028         manuals; providing requirements for such submissions;
 1029         requiring authorized insurers to annually submit a
 1030         certified attestation to the office; authorizing the
 1031         commission to adopt emergency rules; amending s.
 1032         627.4133, F.S.; revising prohibitions on insurers
 1033         against the cancellation or nonrenewal of property
 1034         insurance policies; revising applicability; providing
 1035         construction; defining the term “insurer”; amending s.
 1036         627.426, F.S.; specifying requirements for liability
 1037         insurers after receiving actual notice of certain
 1038         incidents or losses; defining the term “actual
 1039         notice”; providing construction; amending s. 627.701,
 1040         F.S.; providing that if a roof deductible is applied
 1041         under a personal lines residential property insurance
 1042         policy, no other deductible under the policy may be
 1043         applied to any other loss to the property caused by
 1044         the same covered peril; amending s. 627.70132, F.S.;
 1045         providing for the tolling of certain timeframes for
 1046         filing notices of property insurance claims for
 1047         servicemembers under specified circumstances;
 1048         providing construction relating to chapter 2022-271,
 1049         Laws of Florida; requiring residential property
 1050         insurers and motor vehicle insurer rate filings to
 1051         reflect certain projected savings and reductions in
 1052         expenses; specifying requirements for the office in
 1053         reviewing rate filings; authorizing the office to
 1054         develop certain factors and contract with a vendor for
 1055         a certain purpose; providing applicability; providing
 1056         appropriations; providing an effective date.