HB 1297

1
A bill to be entitled
2An act relating to insurance payments from escrow
3accounts; amending s. 501.137, F.S.; requiring an insurer
4to reinstate, under certain circumstances, an insurance
5policy that is cancelled due to failure of the lender to
6pay a premium for which sufficient escrow funds are on
7deposit; requiring that the lender reimburse the property
8owner for any penalties or fees paid for purposes of
9reinstating the policy; requiring a lender to pay certain
10policy cost differentials under certain circumstances;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 501.137, Florida Statutes, is amended
16to read:
17     501.137  Mortgage lenders; tax and insurance payments from
18escrow accounts; duties.--
19     (1)  Every lender of money, whether a natural person or an
20artificial entity, whose loans are secured by a mortgage on real
21estate located within the state and who receives funds
22incidental thereto or in connection therewith for the payment of
23property taxes or hazard insurance premiums when the such funds
24are held in escrow by or on behalf of the lender, shall promptly
25pay the such taxes or insurance premiums when the such taxes or
26premiums become due and adequate escrow funds are deposited, so
27that the maximum tax discount available may be obtained with
28regard to the taxable property and so that insurance coverage on
29the property does not lapse.
30     (2)  If an escrow account for the such taxes or insurance
31premiums is deficient, the lender shall notify the property
32owner within 15 days after the lender receives the notification
33of taxes due from the county tax collector or receives the
34notification from the insurer that a premium is due.
35     (3)(a)  If the lender, as a result of neglect, fails to pay
36any tax or insurance premium when the tax or premium is due and
37there are sufficient escrow funds on deposit to pay the tax or
38premium, and if the property owner suffers a loss as a result of
39this such failure, then the lender is will be liable for the
40such loss; except, however, that with respect to any loss that
41which would otherwise have been insured, the extent of the such
42liability shall not exceed the coverage limits of any insurance
43policy that which has lapsed.
44     (b)  If the premium payment is not more than 90 days
45overdue, the insurer shall reinstate the insurance policy,
46retroactive to the date of cancellation, and the lender shall
47reimburse the property owner for any penalty or fees imposed by
48the insurer and paid by the property owner for purposes of
49reinstating the policy.
50     (c)  If the premium payment is more than 90 days overdue or
51if the insurer refuses to reinstate the insurance policy, the
52lender shall pay the difference between the cost of the previous
53insurance policy and a new, comparable insurance policy for a
54period of 2 years.
55     (4)  At the expiration of the annual accounting period, the
56lender shall issue to the property owner an annual statement of
57the escrow account.
58     Section 2.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.