1 | Representative(s) Ross offered the following: |
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3 | Amendment (with title amendment) |
4 | Between lines 918 and 919, insert: |
5 | Section 8. Effective October 1, 2005, subsection (1) of |
6 | section 627.7011, Florida Statutes, is amended, and subsection |
7 | (4) is added to said section, to read: |
8 | 627.7011 Homeowners' policies; offer of replacement cost |
9 | coverage and law and ordinance coverage.-- |
10 | (1) Prior to issuing a homeowner's insurance policy on or |
11 | after October 1, 2005 June 1, 1994, or prior to the first |
12 | renewal of a homeowner's insurance policy on or after October 1, |
13 | 2005 June 1, 1994, the insurer must offer each of the following: |
14 | (a) A policy or endorsement providing that any loss which |
15 | is repaired or replaced will be adjusted on the basis of |
16 | replacement costs not exceeding policy limits as to the |
17 | dwelling, rather than actual cash value, but not including costs |
18 | necessary to meet applicable laws and ordinances regulating the |
19 | construction, use, or repair of any property or requiring the |
20 | tearing down of any property, including the costs of removing |
21 | debris. |
22 | (b) A policy or endorsement providing that, subject to |
23 | other policy provisions, any loss which is repaired or replaced |
24 | at any location will be adjusted on the basis of replacement |
25 | costs not exceeding policy limits as to the dwelling, rather |
26 | than actual cash value, and also including costs necessary to |
27 | meet applicable laws and ordinances regulating the construction, |
28 | use, or repair of any property or requiring the tearing down of |
29 | any property, including the costs of removing debris; however, |
30 | such additional costs necessary to meet applicable laws and |
31 | ordinances may be limited to either 25 percent or 50 percent of |
32 | the dwelling limit, as selected by the policyholder, and such |
33 | coverage shall apply only to repairs of the damaged portion of |
34 | the structure unless the total damage to the structure exceeds |
35 | 50 percent of the replacement cost of the structure. |
36 |
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37 | An insurer is not required to make the offers required by this |
38 | subsection with respect to the issuance or renewal of a |
39 | homeowner's policy that contains the provisions specified in |
40 | paragraph (b) for law and ordinance coverage limited to 25 |
41 | percent of the dwelling limit, except that the insurer must |
42 | offer the law and ordinance coverage limited to 50 percent of |
43 | the dwelling limit. This subsection does not prohibit the offer |
44 | of a guaranteed replacement cost policy. |
45 | (4) Any homeowner's insurance policy issued or renewed on |
46 | or after October 1, 2005, must include in bold type no smaller |
47 | than 18 points the following statement: |
48 | "LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT |
49 | YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER |
50 | THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD |
51 | INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE |
52 | UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH |
53 | YOUR INSURANCE AGENT." |
54 | The intent of this subsection is to encourage policyholders to |
55 | purchase sufficient coverage to protect them in case events |
56 | excluded from the standard homeowners policy, such as law and |
57 | ordinance enforcement and flood, combine with covered events to |
58 | produce damage or loss to the insured property. The intent is |
59 | also to encourage policyholders to discuss these issues with |
60 | their insurance agent. |
61 |
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62 | ================ T I T L E A M E N D M E N T ============= |
63 | Remove line 48 and insert: |
64 | disapproval of certain forms; amending s. 627.7011, F.S.; |
65 | requiring insurers to offer coverage for additional costs of |
66 | repair due to laws and ordinances; requiring certain homeowner's |
67 | insurance policies to contain a specified statement; providing |
68 | intent; amending s. 627.7015, F.S.; |