Florida Senate - 2012                                    SB 1620
       
       
       
       By Senator Richter
       
       
       
       
       37-00755D-12                                          20121620__
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 320.27,
    3         F.S.; providing that a salvage motor vehicle dealer is
    4         not required to carry certain insurance on vehicles
    5         that have been issued a certificate of destruction;
    6         amending s. 624.501, F.S.; conforming a cross
    7         reference; amending s. 624.610, F.S.; revising
    8         provisions specifying which insurers are not subject
    9         to certain filing requirements relating to
   10         reinsurance; amending s. 626.261, F.S.; authorizing
   11         the Department of Financial Services to provide
   12         examinations in Spanish; amending s. 626.321, F.S.;
   13         revising provisions relating to limited licenses for
   14         travel insurance; providing that a full-time salaried
   15         employee of a licensed general lines agent or a
   16         business entity that offers travel planning services
   17         may be issued such license under certain
   18         circumstances; creating s. 626.8675, F.S.; providing
   19         that provisions relating to insurance adjusters do not
   20         apply to individuals who conduct data entry into an
   21         automated claims adjustment system for portable
   22         electronics insurance claims; amending s. 627.351,
   23         F.S.; increasing the amount of surplus required for an
   24         association to qualify as a limited apportionment
   25         company; amending s. 627.4133, F.S.; revising
   26         provisions relating to the notice that an insurer must
   27         provide to an insured regarding the nonrenewal,
   28         cancellation, or termination of a commercial
   29         residential property insurance policy; creating s.
   30         627.6011, F.S.; providing that mandatory health
   31         benefits apply only to certain health benefit plans;
   32         amending s. 627.7015, F.S.; revising provisions
   33         relating to alternative procedures for the resolution
   34         of disputed property insurance claims; amending s.
   35         627.7295, F.S.; revising provisions relating to
   36         cancellation for nonpayment of premiums for motor
   37         vehicle insurance; amending s. 627.736, F.S.;
   38         clarifying provisions relating to the amount of
   39         interest on overdue payments for personal injury
   40         protection benefits; providing an effective date.
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsection (3) of section 320.27, Florida
   45  Statutes, is amended to read:
   46         320.27 Motor vehicle dealers.—
   47         (3) APPLICATION AND FEE.—The application for the license
   48  shall be in such form as may be prescribed by the department and
   49  shall be subject to such rules with respect thereto as may be so
   50  prescribed by it. Such application shall be verified by oath or
   51  affirmation and shall contain a full statement of the name and
   52  birth date of the person or persons applying therefor; the name
   53  of the firm or copartnership, with the names and places of
   54  residence of all members thereof, if such applicant is a firm or
   55  copartnership; the names and places of residence of the
   56  principal officers, if the applicant is a body corporate or
   57  other artificial body; the name of the state under whose laws
   58  the corporation is organized; the present and former place or
   59  places of residence of the applicant; and prior business in
   60  which the applicant has been engaged and the location thereof.
   61  Such application shall describe the exact location of the place
   62  of business and shall state whether the place of business is
   63  owned by the applicant and when acquired, or, if leased, a true
   64  copy of the lease shall be attached to the application. The
   65  applicant shall certify that the location provides an adequately
   66  equipped office and is not a residence; that the location
   67  affords sufficient unoccupied space upon and within which
   68  adequately to store all motor vehicles offered and displayed for
   69  sale; and that the location is a suitable place where the
   70  applicant can in good faith carry on such business and keep and
   71  maintain books, records, and files necessary to conduct such
   72  business, which will be available at all reasonable hours to
   73  inspection by the department or any of its inspectors or other
   74  employees. The applicant shall certify that the business of a
   75  motor vehicle dealer is the principal business which shall be
   76  conducted at that location. Such application shall contain a
   77  statement that the applicant is either franchised by a
   78  manufacturer of motor vehicles, in which case the name of each
   79  motor vehicle that the applicant is franchised to sell shall be
   80  included, or an independent (nonfranchised) motor vehicle
   81  dealer. Such application shall contain such other relevant
   82  information as may be required by the department, including
   83  evidence that the applicant is insured under a garage liability
   84  insurance policy or a general liability insurance policy coupled
   85  with a business automobile policy, which shall include, at a
   86  minimum, $25,000 combined single-limit liability coverage
   87  including bodily injury and property damage protection and
   88  $10,000 personal injury protection. However, a salvage motor
   89  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
   90  from the requirements for garage liability insurance and
   91  personal injury protection insurance on those vehicles that have
   92  been issued a certificate of destruction and cannot be operated
   93  legally on state roads, highways, or streets. Franchise dealers
   94  must submit a garage liability insurance policy, and all other
   95  dealers must submit a garage liability insurance policy or a
   96  general liability insurance policy coupled with a business
   97  automobile policy. Such policy shall be for the license period,
   98  and evidence of a new or continued policy shall be delivered to
   99  the department at the beginning of each license period. Upon
  100  making initial application, the applicant shall pay to the
  101  department a fee of $300 in addition to any other fees now
  102  required by law; upon making a subsequent renewal application,
  103  the applicant shall pay to the department a fee of $75 in
  104  addition to any other fees now required by law. Upon making an
  105  application for a change of location, the person shall pay a fee
  106  of $50 in addition to any other fees now required by law. The
  107  department shall, in the case of every application for initial
  108  licensure, verify whether certain facts set forth in the
  109  application are true. Each applicant, general partner in the
  110  case of a partnership, or corporate officer and director in the
  111  case of a corporate applicant, must file a set of fingerprints
  112  with the department for the purpose of determining any prior
  113  criminal record or any outstanding warrants. The department
  114  shall submit the fingerprints to the Department of Law
  115  Enforcement for state processing and forwarding to the Federal
  116  Bureau of Investigation for federal processing. The actual cost
  117  of state and federal processing shall be borne by the applicant
  118  and is in addition to the fee for licensure. The department may
  119  issue a license to an applicant pending the results of the
  120  fingerprint investigation, which license is fully revocable if
  121  the department subsequently determines that any facts set forth
  122  in the application are not true or correctly represented.
  123         Section 2. Paragraph (b) of subsection (9) of section
  124  624.501, Florida Statutes, is amended to read:
  125         624.501 Filing, license, appointment, and miscellaneous
  126  fees.—The department, commission, or office, as appropriate,
  127  shall collect in advance, and persons so served shall pay to it
  128  in advance, fees, licenses, and miscellaneous charges as
  129  follows:
  130         (9)
  131         (b) For all limited appointments as agent, as provided for
  132  in s. 626.321(1)(c) and (d) 626.321(1)(d), the agent’s original
  133  appointment and biennial renewal or continuation thereof for
  134  each insurer is shall be equal to the number of offices, branch
  135  offices, or places of business covered by the license multiplied
  136  by the fees set forth in paragraph (a).
  137         Section 3. Paragraph (c) of subsection (11) of section
  138  624.610, Florida Statutes, is amended to read:
  139         624.610 Reinsurance.—
  140         (11)
  141         (c) This subsection applies to cessions of directly written
  142  risk or loss. This subsection does not apply to contracts of
  143  facultative reinsurance or to any ceding insurer that has a with
  144  surplus as to policyholders which that exceeds $100 million as
  145  of the immediately preceding December 31. A Additionally, any
  146  ceding insurer otherwise subject to this section which had with
  147  less than $500,000 in direct premiums written in this state
  148  during the preceding calendar year and no more than $250,000 in
  149  direct premiums written in this state during the preceding
  150  calendar quarter, or which had with less than 1,000
  151  policyholders at the end of the preceding calendar year, is
  152  exempt from the requirements of this subsection. However, any
  153  ceding insurer otherwise subject to this section with more than
  154  $250,000 in direct premiums written in this state during the
  155  preceding calendar quarter is not exempt from the requirements
  156  of this subsection.
  157         Section 4. Subsection (5) is added to section 626.261,
  158  Florida Statutes, to read:
  159         626.261 Conduct of examination.—
  160         (5) The department may provide licensure examinations in
  161  Spanish. Applicants requesting examination or reexamination in
  162  Spanish must bear the full cost of the department’s development,
  163  preparation, administration, grading, and evaluation of the
  164  Spanish-language examination. When determining whether it is in
  165  the public interest to allow the examination to be translated
  166  into and administered in Spanish, the department shall consider
  167  the percentage of the population who speak Spanish.
  168         Section 5. Paragraph (c) of subsection (1) of section
  169  626.321, Florida Statutes, is amended to read:
  170         626.321 Limited licenses.—
  171         (1) The department shall issue to a qualified individual,
  172  or a qualified individual or entity under paragraphs (c), (d),
  173  (e), and (i), a license as agent authorized to transact a
  174  limited class of business in any of the following categories:
  175         (c) Travel insurance.—License covering only policies and
  176  certificates of travel insurance, which are subject to review by
  177  the office under s. 624.605(1)(q). Policies and certificates of
  178  travel insurance may provide coverage for risks incidental to
  179  travel, planned travel, or accommodations while traveling,
  180  including, but not limited to, accidental death and
  181  dismemberment of a traveler; trip or event cancellation,
  182  interruption, or delay; loss of or damage to personal effects or
  183  travel documents; damages to travel accommodations; baggage
  184  delay; emergency medical travel or evacuation of a traveler; or
  185  medical, surgical, and hospital expenses related to an illness
  186  or emergency of a traveler. Any Such policy or certificate may
  187  be issued for terms longer than 90 60 days, but each policy or
  188  certificate, other than a policy or certificate providing
  189  coverage for air ambulatory services only, each policy or
  190  certificate must be limited to coverage for travel or use of
  191  accommodations of no longer than 90 60 days. The license may be
  192  issued only:
  193         1. To a full-time salaried employee of a common carrier or
  194  a full-time salaried employee or owner of a transportation
  195  ticket agency and may authorize the sale of such ticket policies
  196  only in connection with the sale of transportation tickets, or
  197  to the full-time salaried employee of such an agent. No Such
  198  policy may not shall be for a duration of more than 48 hours or
  199  more than for the duration of a specified one-way trip or round
  200  trip.
  201         2. To an entity or individual that is:
  202         a. The developer of a timeshare plan that is the subject of
  203  an approved public offering statement under chapter 721;
  204         b. An exchange company operating an exchange program
  205  approved under chapter 721;
  206         c. A managing entity operating a timeshare plan approved
  207  under chapter 721;
  208         d. A seller of travel as defined in chapter 559; or
  209         e. A subsidiary or affiliate of any of the entities
  210  described in sub-subparagraphs a.-d.
  211  
  212  A licensee shall require each individual employee who offers
  213  policies or certificates under this subparagraph to receive
  214  initial training from a general lines agent or an insurer
  215  authorized under chapter 624 to transact insurance within this
  216  state. For an entity applying for a license as a travel
  217  insurance agent, the fingerprinting requirement of this section
  218  applies only to the president, secretary, and treasurer and to
  219  any other officer or person who directs or controls the travel
  220  insurance operations of the entity.
  221         3. To a full-time salaried employee of a licensed general
  222  lines agent or to a business entity that offers travel planning
  223  services if insurance sales activities authorized by the license
  224  are in connection with, and incidental to, travel.
  225         a. A license issued to a business entity that offers travel
  226  planning services must encompass each office, branch office, or
  227  place of business making use of the entity’s business name in
  228  order to offer, solicit, and sell insurance pursuant to this
  229  paragraph.
  230         b. The application for licensure must list the name,
  231  address, and phone number for each office, branch office, or
  232  place of business that is to be covered by the license. The
  233  licensee shall notify the department of the name, address, and
  234  phone number of any new location that is to be covered by the
  235  license before the new office, branch office, or place of
  236  business engages in the sale of insurance pursuant to this
  237  paragraph. The licensee shall notify the department within 30
  238  days after the closing or terminating of an office, branch
  239  office, or place of business. Upon receipt of the notice, the
  240  department shall delete the office, branch office, or place of
  241  business from the license.
  242         c. A licensed and appointed entity is directly responsible
  243  and accountable for all acts of the licensee’s employees and
  244  parties with whom the licensee has entered into a contractual
  245  agreement to offer travel insurance.
  246         Section 6. Section 626.8675, Florida Statutes, is created
  247  to read:
  248         626.8675Portable electronics insurance claims employee
  249  exemption.—
  250         (1)This part does not apply to individuals who collect
  251  claims information from, or furnish claims information to,
  252  insureds or claimants, and who conduct data entry, including
  253  entering data into an automated claims adjudication system, if
  254  such individuals are employees of a business entity licensed
  255  under this chapter, or its affiliate, where up to 25 such
  256  individuals are under the supervision of a licensed independent
  257  adjuster or licensed agent who is exempt from licensure pursuant
  258  to s. 626.862. For purposes of this section, “automated claims
  259  adjudication system” means a preprogrammed computer system
  260  designed for the collection, data entry, calculation, and final
  261  resolution of portable electronics insurance claims that:
  262         (a) May be used only by a licensed independent adjuster,
  263  licensed agent, or supervised individual operating pursuant to
  264  this section;
  265         (b) Must comply with all claims payment requirements of the
  266  insurance code; and
  267         (c) Must be certified as compliant with this section by a
  268  licensed independent adjuster who is an officer of a licensed
  269  business entity under this chapter.
  270         (2) Notwithstanding any other provision of law, a resident
  271  of Canada may not be licensed as a nonresident independent
  272  adjuster for purposes of adjusting portable electronics
  273  insurance claims unless that person has successfully obtained an
  274  adjuster license in another state.
  275         Section 7. Paragraph (b) of subsection (2) of section
  276  627.351, Florida Statutes, is amended to read:
  277         627.351 Insurance risk apportionment plans.—
  278         (2) WINDSTORM INSURANCE RISK APPORTIONMENT.—
  279         (b) The department shall require all insurers holding a
  280  certificate of authority to transact property insurance on a
  281  direct basis in this state, other than joint underwriting
  282  associations and other entities formed pursuant to this section,
  283  to provide windstorm coverage to applicants from areas
  284  determined to be eligible pursuant to paragraph (c) who in good
  285  faith are entitled to, but are unable to procure, such coverage
  286  through ordinary means; or it shall adopt a reasonable plan or
  287  plans for the equitable apportionment or sharing among such
  288  insurers of windstorm coverage, which may include formation of
  289  an association for this purpose. As used in this subsection, the
  290  term “property insurance” means insurance on real or personal
  291  property, as defined in s. 624.604, including insurance for
  292  fire, industrial fire, allied lines, farmowners multiperil,
  293  homeowners’ multiperil, commercial multiperil, and mobile homes,
  294  and including liability coverages on all such insurance, but
  295  excluding inland marine as defined in s. 624.607(3) and
  296  excluding vehicle insurance as defined in s. 624.605(1)(a) other
  297  than insurance on mobile homes used as permanent dwellings. The
  298  department shall adopt rules that provide a formula for the
  299  recovery and repayment of any deferred assessments.
  300         1. For the purpose of this section, properties eligible for
  301  such windstorm coverage are defined as dwellings, buildings, and
  302  other structures, including mobile homes which are used as
  303  dwellings and which are tied down in compliance with mobile home
  304  tie-down requirements prescribed by the Department of Highway
  305  Safety and Motor Vehicles pursuant to s. 320.8325, and the
  306  contents of all such properties. An applicant or policyholder is
  307  eligible for coverage only if an offer of coverage cannot be
  308  obtained by or for the applicant or policyholder from an
  309  admitted insurer at approved rates.
  310         2.a.(I) All insurers required to be members of such
  311  association shall participate in its writings, expenses, and
  312  losses. Surplus of the association shall be retained for the
  313  payment of claims and shall not be distributed to the member
  314  insurers. Such participation by member insurers shall be in the
  315  proportion that the net direct premiums of each member insurer
  316  written for property insurance in this state during the
  317  preceding calendar year bear to the aggregate net direct
  318  premiums for property insurance of all member insurers, as
  319  reduced by any credits for voluntary writings, in this state
  320  during the preceding calendar year. For the purposes of this
  321  subsection, the term “net direct premiums” means direct written
  322  premiums for property insurance, reduced by premium for
  323  liability coverage and for the following if included in allied
  324  lines: rain and hail on growing crops; livestock; association
  325  direct premiums booked; National Flood Insurance Program direct
  326  premiums; and similar deductions specifically authorized by the
  327  plan of operation and approved by the department. A member’s
  328  participation shall begin on the first day of the calendar year
  329  following the year in which it is issued a certificate of
  330  authority to transact property insurance in the state and shall
  331  terminate 1 year after the end of the calendar year during which
  332  it no longer holds a certificate of authority to transact
  333  property insurance in the state. The commissioner, after review
  334  of annual statements, other reports, and any other statistics
  335  that the commissioner deems necessary, shall certify to the
  336  association the aggregate direct premiums written for property
  337  insurance in this state by all member insurers.
  338         (II) Effective July 1, 2002, the association shall operate
  339  subject to the supervision and approval of a board of governors
  340  who are the same individuals that have been appointed by the
  341  Treasurer to serve on the board of governors of the Citizens
  342  Property Insurance Corporation.
  343         (III) The plan of operation shall provide a formula whereby
  344  a company voluntarily providing windstorm coverage in affected
  345  areas will be relieved wholly or partially from apportionment of
  346  a regular assessment pursuant to sub-sub-subparagraph d.(I) or
  347  sub-sub-subparagraph d.(II).
  348         (IV) A company which is a member of a group of companies
  349  under common management may elect to have its credits applied on
  350  a group basis, and any company or group may elect to have its
  351  credits applied to any other company or group.
  352         (V) There shall be no credits or relief from apportionment
  353  to a company for emergency assessments collected from its
  354  policyholders under sub-sub-subparagraph d.(III).
  355         (VI) The plan of operation may also provide for the award
  356  of credits, for a period not to exceed 3 years, from a regular
  357  assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub
  358  subparagraph d.(II) as an incentive for taking policies out of
  359  the Residential Property and Casualty Joint Underwriting
  360  Association. In order to qualify for the exemption under this
  361  sub-sub-subparagraph, the take-out plan must provide that at
  362  least 40 percent of the policies removed from the Residential
  363  Property and Casualty Joint Underwriting Association cover risks
  364  located in Miami-Dade, Broward, and Palm Beach Counties or at
  365  least 30 percent of the policies so removed cover risks located
  366  in Miami-Dade, Broward, and Palm Beach Counties and an
  367  additional 50 percent of the policies so removed cover risks
  368  located in other coastal counties, and must also provide that no
  369  more than 15 percent of the policies so removed may exclude
  370  windstorm coverage. With the approval of the department, the
  371  association may waive these geographic criteria for a take-out
  372  plan that removes at least the lesser of 100,000 Residential
  373  Property and Casualty Joint Underwriting Association policies or
  374  15 percent of the total number of Residential Property and
  375  Casualty Joint Underwriting Association policies, provided the
  376  governing board of the Residential Property and Casualty Joint
  377  Underwriting Association certifies that the take-out plan will
  378  materially reduce the Residential Property and Casualty Joint
  379  Underwriting Association’s 100-year probable maximum loss from
  380  hurricanes. With the approval of the department, the board may
  381  extend such credits for an additional year if the insurer
  382  guarantees an additional year of renewability for all policies
  383  removed from the Residential Property and Casualty Joint
  384  Underwriting Association, or for 2 additional years if the
  385  insurer guarantees 2 additional years of renewability for all
  386  policies removed from the Residential Property and Casualty
  387  Joint Underwriting Association.
  388         b. Assessments to pay deficits in the association under
  389  this subparagraph shall be included as an appropriate factor in
  390  the making of rates as provided in s. 627.3512.
  391         c. The Legislature finds that the potential for unlimited
  392  deficit assessments under this subparagraph may induce insurers
  393  to attempt to reduce their writings in the voluntary market, and
  394  that such actions would worsen the availability problems that
  395  the association was created to remedy. It is the intent of the
  396  Legislature that insurers remain fully responsible for paying
  397  regular assessments and collecting emergency assessments for any
  398  deficits of the association; however, it is also the intent of
  399  the Legislature to provide a means by which assessment
  400  liabilities may be amortized over a period of years.
  401         d.(I) When the deficit incurred in a particular calendar
  402  year is 10 percent or less of the aggregate statewide direct
  403  written premium for property insurance for the prior calendar
  404  year for all member insurers, the association shall levy an
  405  assessment on member insurers in an amount equal to the deficit.
  406         (II) When the deficit incurred in a particular calendar
  407  year exceeds 10 percent of the aggregate statewide direct
  408  written premium for property insurance for the prior calendar
  409  year for all member insurers, the association shall levy an
  410  assessment on member insurers in an amount equal to the greater
  411  of 10 percent of the deficit or 10 percent of the aggregate
  412  statewide direct written premium for property insurance for the
  413  prior calendar year for member insurers. Any remaining deficit
  414  shall be recovered through emergency assessments under sub-sub
  415  subparagraph (III).
  416         (III) Upon a determination by the board of directors that a
  417  deficit exceeds the amount that will be recovered through
  418  regular assessments on member insurers, pursuant to sub-sub
  419  subparagraph (I) or sub-sub-subparagraph (II), the board shall
  420  levy, after verification by the department, emergency
  421  assessments to be collected by member insurers and by
  422  underwriting associations created pursuant to this section which
  423  write property insurance, upon issuance or renewal of property
  424  insurance policies other than National Flood Insurance policies
  425  in the year or years following levy of the regular assessments.
  426  The amount of the emergency assessment collected in a particular
  427  year shall be a uniform percentage of that year’s direct written
  428  premium for property insurance for all member insurers and
  429  underwriting associations, excluding National Flood Insurance
  430  policy premiums, as annually determined by the board and
  431  verified by the department. The department shall verify the
  432  arithmetic calculations involved in the board’s determination
  433  within 30 days after receipt of the information on which the
  434  determination was based. Notwithstanding any other provision of
  435  law, each member insurer and each underwriting association
  436  created pursuant to this section shall collect emergency
  437  assessments from its policyholders without such obligation being
  438  affected by any credit, limitation, exemption, or deferment. The
  439  emergency assessments so collected shall be transferred directly
  440  to the association on a periodic basis as determined by the
  441  association. The aggregate amount of emergency assessments
  442  levied under this sub-sub-subparagraph in any calendar year may
  443  not exceed the greater of 10 percent of the amount needed to
  444  cover the original deficit, plus interest, fees, commissions,
  445  required reserves, and other costs associated with financing of
  446  the original deficit, or 10 percent of the aggregate statewide
  447  direct written premium for property insurance written by member
  448  insurers and underwriting associations for the prior year, plus
  449  interest, fees, commissions, required reserves, and other costs
  450  associated with financing the original deficit. The board may
  451  pledge the proceeds of the emergency assessments under this sub
  452  sub-subparagraph as the source of revenue for bonds, to retire
  453  any other debt incurred as a result of the deficit or events
  454  giving rise to the deficit, or in any other way that the board
  455  determines will efficiently recover the deficit. The emergency
  456  assessments under this sub-sub-subparagraph shall continue as
  457  long as any bonds issued or other indebtedness incurred with
  458  respect to a deficit for which the assessment was imposed remain
  459  outstanding, unless adequate provision has been made for the
  460  payment of such bonds or other indebtedness pursuant to the
  461  document governing such bonds or other indebtedness. Emergency
  462  assessments collected under this sub-sub-subparagraph are not
  463  part of an insurer’s rates, are not premium, and are not subject
  464  to premium tax, fees, or commissions; however, failure to pay
  465  the emergency assessment shall be treated as failure to pay
  466  premium.
  467         (IV) Each member insurer’s share of the total regular
  468  assessments under sub-sub-subparagraph (I) or sub-sub
  469  subparagraph (II) shall be in the proportion that the insurer’s
  470  net direct premium for property insurance in this state, for the
  471  year preceding the assessment bears to the aggregate statewide
  472  net direct premium for property insurance of all member
  473  insurers, as reduced by any credits for voluntary writings for
  474  that year.
  475         (V) If regular deficit assessments are made under sub-sub
  476  subparagraph (I) or sub-sub-subparagraph (II), or by the
  477  Residential Property and Casualty Joint Underwriting Association
  478  under sub-subparagraph (6)(b)3.a. or sub-subparagraph
  479  (6)(b)3.b., the association shall levy upon the association’s
  480  policyholders, as part of its next rate filing, or by a separate
  481  rate filing solely for this purpose, a market equalization
  482  surcharge in a percentage equal to the total amount of such
  483  regular assessments divided by the aggregate statewide direct
  484  written premium for property insurance for member insurers for
  485  the prior calendar year. Market equalization surcharges under
  486  this sub-sub-subparagraph are not considered premium and are not
  487  subject to commissions, fees, or premium taxes; however, failure
  488  to pay a market equalization surcharge shall be treated as
  489  failure to pay premium.
  490         e. The governing body of any unit of local government, any
  491  residents of which are insured under the plan, may issue bonds
  492  as defined in s. 125.013 or s. 166.101 to fund an assistance
  493  program, in conjunction with the association, for the purpose of
  494  defraying deficits of the association. In order to avoid
  495  needless and indiscriminate proliferation, duplication, and
  496  fragmentation of such assistance programs, any unit of local
  497  government, any residents of which are insured by the
  498  association, may provide for the payment of losses, regardless
  499  of whether or not the losses occurred within or outside of the
  500  territorial jurisdiction of the local government. Revenue bonds
  501  may not be issued until validated pursuant to chapter 75, unless
  502  a state of emergency is declared by executive order or
  503  proclamation of the Governor pursuant to s. 252.36 making such
  504  findings as are necessary to determine that it is in the best
  505  interests of, and necessary for, the protection of the public
  506  health, safety, and general welfare of residents of this state
  507  and the protection and preservation of the economic stability of
  508  insurers operating in this state, and declaring it an essential
  509  public purpose to permit certain municipalities or counties to
  510  issue bonds as will provide relief to claimants and
  511  policyholders of the association and insurers responsible for
  512  apportionment of plan losses. Any such unit of local government
  513  may enter into such contracts with the association and with any
  514  other entity created pursuant to this subsection as are
  515  necessary to carry out this paragraph. Any bonds issued under
  516  this sub-subparagraph shall be payable from and secured by
  517  moneys received by the association from assessments under this
  518  subparagraph, and assigned and pledged to or on behalf of the
  519  unit of local government for the benefit of the holders of such
  520  bonds. The funds, credit, property, and taxing power of the
  521  state or of the unit of local government shall not be pledged
  522  for the payment of such bonds. If any of the bonds remain unsold
  523  60 days after issuance, the department shall require all
  524  insurers subject to assessment to purchase the bonds, which
  525  shall be treated as admitted assets; each insurer shall be
  526  required to purchase that percentage of the unsold portion of
  527  the bond issue that equals the insurer’s relative share of
  528  assessment liability under this subsection. An insurer shall not
  529  be required to purchase the bonds to the extent that the
  530  department determines that the purchase would endanger or impair
  531  the solvency of the insurer. The authority granted by this sub
  532  subparagraph is additional to any bonding authority granted by
  533  subparagraph 6.
  534         3. The plan shall also provide that any member with a
  535  surplus as to policyholders of $25 $20 million or less writing
  536  25 percent or more of its total countrywide property insurance
  537  premiums in this state may petition the department, within the
  538  first 90 days of each calendar year, to qualify as a limited
  539  apportionment company. The apportionment of such a member
  540  company in any calendar year for which it is qualified shall not
  541  exceed its gross participation, which shall not be affected by
  542  the formula for voluntary writings. In no event shall a limited
  543  apportionment company be required to participate in any
  544  apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
  545  or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
  546  $50 million after payment of available plan funds in any
  547  calendar year. However, a limited apportionment company shall
  548  collect from its policyholders any emergency assessment imposed
  549  under sub-sub-subparagraph 2.d.(III). The plan shall provide
  550  that, if the department determines that any regular assessment
  551  will result in an impairment of the surplus of a limited
  552  apportionment company, the department may direct that all or
  553  part of such assessment be deferred. However, there shall be no
  554  limitation or deferment of an emergency assessment to be
  555  collected from policyholders under sub-sub-subparagraph
  556  2.d.(III).
  557         4. The plan shall provide for the deferment, in whole or in
  558  part, of a regular assessment of a member insurer under sub-sub
  559  subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not
  560  for an emergency assessment collected from policyholders under
  561  sub-sub-subparagraph 2.d.(III), if, in the opinion of the
  562  commissioner, payment of such regular assessment would endanger
  563  or impair the solvency of the member insurer. In the event a
  564  regular assessment against a member insurer is deferred in whole
  565  or in part, the amount by which such assessment is deferred may
  566  be assessed against the other member insurers in a manner
  567  consistent with the basis for assessments set forth in sub-sub
  568  subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
  569         5.a. The plan of operation may include deductibles and
  570  rules for classification of risks and rate modifications
  571  consistent with the objective of providing and maintaining funds
  572  sufficient to pay catastrophe losses.
  573         b. It is the intent of the Legislature that the rates for
  574  coverage provided by the association be actuarially sound and
  575  not competitive with approved rates charged in the admitted
  576  voluntary market such that the association functions as a
  577  residual market mechanism to provide insurance only when the
  578  insurance cannot be procured in the voluntary market. The plan
  579  of operation shall provide a mechanism to assure that, beginning
  580  no later than January 1, 1999, the rates charged by the
  581  association for each line of business are reflective of approved
  582  rates in the voluntary market for hurricane coverage for each
  583  line of business in the various areas eligible for association
  584  coverage.
  585         c. The association shall provide for windstorm coverage on
  586  residential properties in limits up to $10 million for
  587  commercial lines residential risks and up to $1 million for
  588  personal lines residential risks. If coverage with the
  589  association is sought for a residential risk valued in excess of
  590  these limits, coverage shall be available to the risk up to the
  591  replacement cost or actual cash value of the property, at the
  592  option of the insured, if coverage for the risk cannot be
  593  located in the authorized market. The association must accept a
  594  commercial lines residential risk with limits above $10 million
  595  or a personal lines residential risk with limits above $1
  596  million if coverage is not available in the authorized market.
  597  The association may write coverage above the limits specified in
  598  this subparagraph with or without facultative or other
  599  reinsurance coverage, as the association determines appropriate.
  600         d. The plan of operation must provide objective criteria
  601  and procedures, approved by the department, to be uniformly
  602  applied for all applicants in determining whether an individual
  603  risk is so hazardous as to be uninsurable. In making this
  604  determination and in establishing the criteria and procedures,
  605  the following shall be considered:
  606         (I) Whether the likelihood of a loss for the individual
  607  risk is substantially higher than for other risks of the same
  608  class; and
  609         (II) Whether the uncertainty associated with the individual
  610  risk is such that an appropriate premium cannot be determined.
  611  
  612  The acceptance or rejection of a risk by the association
  613  pursuant to such criteria and procedures must be construed as
  614  the private placement of insurance, and the provisions of
  615  chapter 120 do not apply.
  616         e. If the risk accepts an offer of coverage through the
  617  market assistance program or through a mechanism established by
  618  the association, either before the policy is issued by the
  619  association or during the first 30 days of coverage by the
  620  association, and the producing agent who submitted the
  621  application to the association is not currently appointed by the
  622  insurer, the insurer shall:
  623         (I) Pay to the producing agent of record of the policy, for
  624  the first year, an amount that is the greater of the insurer’s
  625  usual and customary commission for the type of policy written or
  626  a fee equal to the usual and customary commission of the
  627  association; or
  628         (II) Offer to allow the producing agent of record of the
  629  policy to continue servicing the policy for a period of not less
  630  than 1 year and offer to pay the agent the greater of the
  631  insurer’s or the association’s usual and customary commission
  632  for the type of policy written.
  633  
  634  If the producing agent is unwilling or unable to accept
  635  appointment, the new insurer shall pay the agent in accordance
  636  with sub-sub-subparagraph (I). Subject to the provisions of s.
  637  627.3517, the policies issued by the association must provide
  638  that if the association obtains an offer from an authorized
  639  insurer to cover the risk at its approved rates under either a
  640  standard policy including wind coverage or, if consistent with
  641  the insurer’s underwriting rules as filed with the department, a
  642  basic policy including wind coverage, the risk is no longer
  643  eligible for coverage through the association. Upon termination
  644  of eligibility, the association shall provide written notice to
  645  the policyholder and agent of record stating that the
  646  association policy must be canceled as of 60 days after the date
  647  of the notice because of the offer of coverage from an
  648  authorized insurer. Other provisions of the insurance code
  649  relating to cancellation and notice of cancellation do not apply
  650  to actions under this sub-subparagraph.
  651         f. When the association enters into a contractual agreement
  652  for a take-out plan, the producing agent of record of the
  653  association policy is entitled to retain any unearned commission
  654  on the policy, and the insurer shall:
  655         (I) Pay to the producing agent of record of the association
  656  policy, for the first year, an amount that is the greater of the
  657  insurer’s usual and customary commission for the type of policy
  658  written or a fee equal to the usual and customary commission of
  659  the association; or
  660         (II) Offer to allow the producing agent of record of the
  661  association policy to continue servicing the policy for a period
  662  of not less than 1 year and offer to pay the agent the greater
  663  of the insurer’s or the association’s usual and customary
  664  commission for the type of policy written.
  665  
  666  If the producing agent is unwilling or unable to accept
  667  appointment, the new insurer shall pay the agent in accordance
  668  with sub-sub-subparagraph (I).
  669         6.a. The plan of operation may authorize the formation of a
  670  private nonprofit corporation, a private nonprofit
  671  unincorporated association, a partnership, a trust, a limited
  672  liability company, or a nonprofit mutual company which may be
  673  empowered, among other things, to borrow money by issuing bonds
  674  or by incurring other indebtedness and to accumulate reserves or
  675  funds to be used for the payment of insured catastrophe losses.
  676  The plan may authorize all actions necessary to facilitate the
  677  issuance of bonds, including the pledging of assessments or
  678  other revenues.
  679         b. Any entity created under this subsection, or any entity
  680  formed for the purposes of this subsection, may sue and be sued,
  681  may borrow money; issue bonds, notes, or debt instruments;
  682  pledge or sell assessments, market equalization surcharges and
  683  other surcharges, rights, premiums, contractual rights,
  684  projected recoveries from the Florida Hurricane Catastrophe
  685  Fund, other reinsurance recoverables, and other assets as
  686  security for such bonds, notes, or debt instruments; enter into
  687  any contracts or agreements necessary or proper to accomplish
  688  such borrowings; and take other actions necessary to carry out
  689  the purposes of this subsection. The association may issue bonds
  690  or incur other indebtedness, or have bonds issued on its behalf
  691  by a unit of local government pursuant to subparagraph (6)(q)2.,
  692  in the absence of a hurricane or other weather-related event,
  693  upon a determination by the association subject to approval by
  694  the department that such action would enable it to efficiently
  695  meet the financial obligations of the association and that such
  696  financings are reasonably necessary to effectuate the
  697  requirements of this subsection. Any such entity may accumulate
  698  reserves and retain surpluses as of the end of any association
  699  year to provide for the payment of losses incurred by the
  700  association during that year or any future year. The association
  701  shall incorporate and continue the plan of operation and
  702  articles of agreement in effect on the effective date of chapter
  703  76-96, Laws of Florida, to the extent that it is not
  704  inconsistent with chapter 76-96, and as subsequently modified
  705  consistent with chapter 76-96. The board of directors and
  706  officers currently serving shall continue to serve until their
  707  successors are duly qualified as provided under the plan. The
  708  assets and obligations of the plan in effect immediately prior
  709  to the effective date of chapter 76-96 shall be construed to be
  710  the assets and obligations of the successor plan created herein.
  711         c. In recognition of s. 10, Art. I of the State
  712  Constitution, prohibiting the impairment of obligations of
  713  contracts, it is the intent of the Legislature that no action be
  714  taken whose purpose is to impair any bond indenture or financing
  715  agreement or any revenue source committed by contract to such
  716  bond or other indebtedness issued or incurred by the association
  717  or any other entity created under this subsection.
  718         7. On such coverage, an agent’s remuneration shall be that
  719  amount of money payable to the agent by the terms of his or her
  720  contract with the company with which the business is placed.
  721  However, no commission will be paid on that portion of the
  722  premium which is in excess of the standard premium of that
  723  company.
  724         8. Subject to approval by the department, the association
  725  may establish different eligibility requirements and operational
  726  procedures for any line or type of coverage for any specified
  727  eligible area or portion of an eligible area if the board
  728  determines that such changes to the eligibility requirements and
  729  operational procedures are justified due to the voluntary market
  730  being sufficiently stable and competitive in such area or for
  731  such line or type of coverage and that consumers who, in good
  732  faith, are unable to obtain insurance through the voluntary
  733  market through ordinary methods would continue to have access to
  734  coverage from the association. When coverage is sought in
  735  connection with a real property transfer, such requirements and
  736  procedures shall not provide for an effective date of coverage
  737  later than the date of the closing of the transfer as
  738  established by the transferor, the transferee, and, if
  739  applicable, the lender.
  740         9. Notwithstanding any other provision of law:
  741         a. The pledge or sale of, the lien upon, and the security
  742  interest in any rights, revenues, or other assets of the
  743  association created or purported to be created pursuant to any
  744  financing documents to secure any bonds or other indebtedness of
  745  the association shall be and remain valid and enforceable,
  746  notwithstanding the commencement of and during the continuation
  747  of, and after, any rehabilitation, insolvency, liquidation,
  748  bankruptcy, receivership, conservatorship, reorganization, or
  749  similar proceeding against the association under the laws of
  750  this state or any other applicable laws.
  751         b. No such proceeding shall relieve the association of its
  752  obligation, or otherwise affect its ability to perform its
  753  obligation, to continue to collect, or levy and collect,
  754  assessments, market equalization or other surcharges, projected
  755  recoveries from the Florida Hurricane Catastrophe Fund,
  756  reinsurance recoverables, or any other rights, revenues, or
  757  other assets of the association pledged.
  758         c. Each such pledge or sale of, lien upon, and security
  759  interest in, including the priority of such pledge, lien, or
  760  security interest, any such assessments, emergency assessments,
  761  market equalization or renewal surcharges, projected recoveries
  762  from the Florida Hurricane Catastrophe Fund, reinsurance
  763  recoverables, or other rights, revenues, or other assets which
  764  are collected, or levied and collected, after the commencement
  765  of and during the pendency of or after any such proceeding shall
  766  continue unaffected by such proceeding.
  767         d. As used in this subsection, the term “financing
  768  documents” means any agreement, instrument, or other document
  769  now existing or hereafter created evidencing any bonds or other
  770  indebtedness of the association or pursuant to which any such
  771  bonds or other indebtedness has been or may be issued and
  772  pursuant to which any rights, revenues, or other assets of the
  773  association are pledged or sold to secure the repayment of such
  774  bonds or indebtedness, together with the payment of interest on
  775  such bonds or such indebtedness, or the payment of any other
  776  obligation of the association related to such bonds or
  777  indebtedness.
  778         e. Any such pledge or sale of assessments, revenues,
  779  contract rights or other rights or assets of the association
  780  shall constitute a lien and security interest, or sale, as the
  781  case may be, that is immediately effective and attaches to such
  782  assessments, revenues, contract, or other rights or assets,
  783  whether or not imposed or collected at the time the pledge or
  784  sale is made. Any such pledge or sale is effective, valid,
  785  binding, and enforceable against the association or other entity
  786  making such pledge or sale, and valid and binding against and
  787  superior to any competing claims or obligations owed to any
  788  other person or entity, including policyholders in this state,
  789  asserting rights in any such assessments, revenues, contract, or
  790  other rights or assets to the extent set forth in and in
  791  accordance with the terms of the pledge or sale contained in the
  792  applicable financing documents, whether or not any such person
  793  or entity has notice of such pledge or sale and without the need
  794  for any physical delivery, recordation, filing, or other action.
  795         f. There shall be no liability on the part of, and no cause
  796  of action of any nature shall arise against, any member insurer
  797  or its agents or employees, agents or employees of the
  798  association, members of the board of directors of the
  799  association, or the department or its representatives, for any
  800  action taken by them in the performance of their duties or
  801  responsibilities under this subsection. Such immunity does not
  802  apply to actions for breach of any contract or agreement
  803  pertaining to insurance, or any willful tort.
  804         Section 8. Paragraph (b) of subsection (2) of section
  805  627.4133, Florida Statutes, is amended to read:
  806         627.4133 Notice of cancellation, nonrenewal, or renewal
  807  premium.—
  808         (2) With respect to any personal lines or commercial
  809  residential property insurance policy, including, but not
  810  limited to, any homeowner’s, mobile home owner’s, farmowner’s,
  811  condominium association, condominium unit owner’s, apartment
  812  building, or other policy covering a residential structure or
  813  its contents:
  814         (b) The insurer shall give the first-named insured written
  815  notice of nonrenewal, cancellation, or termination at least 120
  816  100 days before the effective date of the nonrenewal,
  817  cancellation, or termination. However, the insurer shall give at
  818  least 100 days’ written notice, or written notice by June 1,
  819  whichever is earlier, for any nonrenewal, cancellation, or
  820  termination that would be effective between June 1 and November
  821  30. The notice must include the reason or reasons for the
  822  nonrenewal, cancellation, or termination, except that:
  823         1. The insurer must shall give the first-named insured
  824  written notice of nonrenewal, cancellation, or termination at
  825  least 120 days before prior to the effective date of the
  826  nonrenewal, cancellation, or termination for a first-named
  827  insured whose residential structure has been insured by that
  828  insurer or an affiliated insurer for at least the 5 years before
  829  a 5-year period immediately prior to the date of the written
  830  notice.
  831         2. If cancellation is for nonpayment of premium, at least
  832  10 days’ written notice of cancellation accompanied by the
  833  reason therefor must be given. As used in this subparagraph, the
  834  term “nonpayment of premium” means failure of the named insured
  835  to discharge when due her or his obligations for in connection
  836  with the payment of premiums on a policy or any installment of
  837  such premium, whether the premium is payable directly to the
  838  insurer or its agent or indirectly under any premium finance
  839  plan or extension of credit, or failure to maintain membership
  840  in an organization if such membership is a condition precedent
  841  to insurance coverage. The term also means the failure of a
  842  financial institution to honor an insurance applicant’s check
  843  after delivery to a licensed agent for payment of a premium,
  844  even if the agent has previously delivered or transferred the
  845  premium to the insurer. If a dishonored check represents the
  846  initial premium payment, the contract and all contractual
  847  obligations are void ab initio unless the nonpayment is cured
  848  within the earlier of 5 days after actual notice by certified
  849  mail is received by the applicant or 15 days after notice is
  850  sent to the applicant by certified mail or registered mail., and
  851  If the contract is void, any premium received by the insurer
  852  from a third party must be refunded to that party in full.
  853         3. If such cancellation or termination occurs during the
  854  first 90 days the insurance is in force and the insurance is
  855  canceled or terminated for reasons other than nonpayment of
  856  premium, at least 20 days’ written notice of cancellation or
  857  termination accompanied by the reason therefor must be given
  858  unless there has been a material misstatement or
  859  misrepresentation or failure to comply with the underwriting
  860  requirements established by the insurer.
  861         4. After the policy has been in effect for 90 days, it may
  862  not be canceled by the insurer unless there has been a material
  863  misstatement, a nonpayment of premium, a failure to comply with
  864  underwriting requirements established by the insurer within 90
  865  days after the date of effectuation of coverage, or a
  866  substantial change in the risk covered by the policy or unless
  867  the cancellation applies to all insureds for a given class of
  868  insureds under such policies. This subparagraph does not apply
  869  to individually rated risks having a policy term of less than 90
  870  days.
  871         4. The requirement for providing written notice by June 1
  872  of any nonrenewal that would be effective between June 1 and
  873  November 30 does not apply to the following situations, but the
  874  insurer remains subject to the requirement to provide such
  875  notice at least 100 days before the effective date of
  876  nonrenewal:
  877         a. A policy that is nonrenewed due to a revision in the
  878  coverage for sinkhole losses and catastrophic ground cover
  879  collapse pursuant to s. 627.706.
  880         5.b. A policy that is nonrenewed by Citizens Property
  881  Insurance Corporation, pursuant to s. 627.351(6), for a policy
  882  that has been assumed by an authorized insurer offering
  883  replacement coverage to the policyholder is exempt from the
  884  notice requirements of paragraph (a) and this paragraph. In such
  885  cases, the corporation must give the named insured written
  886  notice of nonrenewal at least 45 days before the effective date
  887  of the nonrenewal.
  888  
  889  After the policy has been in effect for 90 days, the policy may
  890  not be canceled by the insurer unless there has been a material
  891  misstatement, a nonpayment of premium, a failure to comply with
  892  underwriting requirements established by the insurer within 90
  893  days after the date of effectuation of coverage, or a
  894  substantial change in the risk covered by the policy or if the
  895  cancellation is for all insureds under such policies for a given
  896  class of insureds. This paragraph does not apply to individually
  897  rated risks having a policy term of less than 90 days.
  898         6.5. Notwithstanding any other provision of law, an insurer
  899  may cancel or nonrenew a property insurance policy after at
  900  least 45 days’ notice if the office finds that the early
  901  cancellation of some or all of the insurer’s policies is
  902  necessary to protect the best interests of the public or
  903  policyholders and the office approves the insurer’s plan for
  904  early cancellation or nonrenewal of some or all of its policies.
  905  The office may base such finding upon the financial condition of
  906  the insurer, lack of adequate reinsurance coverage for hurricane
  907  risk, or other relevant factors. The office may condition its
  908  finding on the consent of the insurer to be placed under
  909  administrative supervision pursuant to s. 624.81 or to the
  910  appointment of a receiver under chapter 631.
  911         7.6. A policy covering both a home and motor vehicle may be
  912  nonrenewed for any reason applicable to either the property or
  913  motor vehicle insurance after providing 90 days’ notice.
  914         Section 9. Section 627.6011, Florida Statutes, is created
  915  to read:
  916         627.6011Mandated coverages.—Mandatory health benefits
  917  regulated under this chapter which must be covered by an insurer
  918  are intended to apply only to the type of health benefit plan
  919  defined in s. 627.6699(3), issued in any market, unless
  920  specifically designated otherwise. For purposes of this section,
  921  the term “mandatory health benefits” means those benefits set
  922  forth in ss. 627.6401-627.64193 and any cross-references to
  923  these sections, and any other mandatory treatment or health
  924  coverages or benefits enacted on or after July 1, 2012.
  925         Section 10. Subsections (1), (2), (7), and (9) of section
  926  627.7015, Florida Statutes, are amended to read:
  927         627.7015 Alternative procedure for resolution of disputed
  928  property insurance claims.—
  929         (1) PURPOSE AND SCOPE.—This section sets forth a
  930  nonadversarial alternative dispute resolution procedure for a
  931  mediated claim resolution conference prompted by the need for
  932  effective, fair, and timely handling of property insurance
  933  claims. There is a particular need for an informal,
  934  nonthreatening forum for helping parties who elect this
  935  procedure to resolve their claims disputes because most
  936  homeowner’s and commercial residential insurance policies
  937  obligate policyholders insureds to participate in a potentially
  938  expensive and time-consuming adversarial appraisal process
  939  before prior to litigation. The procedure set forth in this
  940  section is designed to bring the parties together for a mediated
  941  claims settlement conference without any of the trappings or
  942  drawbacks of an adversarial process. Before resorting to these
  943  procedures, policyholders insureds and insurers are encouraged
  944  to resolve claims as quickly and fairly as possible. This
  945  section is available with respect to claims under personal lines
  946  and commercial residential policies before for all claimants and
  947  insurers prior to commencing the appraisal process, or before
  948  commencing litigation. Mediation may be requested only by the
  949  policyholder, as a first-party claimant, or the insurer. If
  950  requested by the policyholder insured, participation by legal
  951  counsel is shall be permitted. Mediation under this section is
  952  also available to litigants referred to the department by a
  953  county court or circuit court. This section does not apply to
  954  commercial coverages, to private passenger motor vehicle
  955  insurance coverages, or to disputes relating to liability
  956  coverages in policies of property insurance.
  957         (2) At the time a first-party claim within the scope of
  958  this section is filed by the policyholder, the insurer shall
  959  notify the policyholder all first-party claimants of its their
  960  right to participate in the mediation program under this
  961  section. The department shall prepare a consumer information
  962  pamphlet for distribution to persons participating in mediation
  963  under this section.
  964         (7) If the insurer fails to comply with subsection (2) by
  965  failing to notify a policyholder first-party claimant of its
  966  right to participate in the mediation program under this section
  967  or if the insurer requests the mediation, and the mediation
  968  results are rejected by either party, the policyholder is
  969  insured shall not be required to submit to or participate in any
  970  contractual loss appraisal process of the property loss damage
  971  as a precondition to legal action for breach of contract against
  972  the insurer for its failure to pay the policyholder’s claims
  973  covered by the policy.
  974         (9) For purposes of this section, the term “claim” refers
  975  to any dispute between an insurer and a policyholder an insured
  976  relating to a material issue of fact other than a dispute:
  977         (a) With respect to which the insurer has a reasonable
  978  basis to suspect fraud;
  979         (b) Where, based on agreed-upon facts as to the cause of
  980  loss, there is no coverage under the policy;
  981         (c) With respect to which the insurer has a reasonable
  982  basis to believe that the policyholder claimant has
  983  intentionally made a material misrepresentation of fact which is
  984  relevant to the claim, and the entire request for payment of a
  985  loss has been denied on the basis of the material
  986  misrepresentation; or
  987         (d) With respect to which the amount in controversy is less
  988  than $500, unless the parties agree to mediate a dispute
  989  involving a lesser amount; or.
  990         (e) Where the notice of loss is reported to the insurer
  991  more than 36 months after the declaration of a state of
  992  emergency by the Governor in response to a hurricane that makes
  993  landfall in this state.
  994         Section 11. Subsection (4) of section 627.7295, Florida
  995  Statutes, is amended to read:
  996         627.7295 Motor vehicle insurance contracts.—
  997         (4) If subsection (7) does not apply, The insurer may
  998  cancel the policy in accordance with this code except that,
  999  notwithstanding s. 627.728, an insurer may not cancel a new
 1000  policy or binder during the first 60 days immediately following
 1001  the effective date of the policy or binder except for nonpayment
 1002  of premium unless the reason for the cancellation is the
 1003  issuance of a check for the premium that is dishonored for any
 1004  reason or any other type of premium payment that was
 1005  subsequently determined to be rejected or invalid.
 1006         Section 12. Paragraph (d) of subsection (4) of section
 1007  627.736, Florida Statutes, is amended to read:
 1008         627.736 Required personal injury protection benefits;
 1009  exclusions; priority; claims.—
 1010         (4) BENEFITS; WHEN DUE.—Benefits due from an insurer under
 1011  ss. 627.730-627.7405 shall be primary, except that benefits
 1012  received under any workers’ compensation law shall be credited
 1013  against the benefits provided by subsection (1) and shall be due
 1014  and payable as loss accrues, upon receipt of reasonable proof of
 1015  such loss and the amount of expenses and loss incurred which are
 1016  covered by the policy issued under ss. 627.730-627.7405. When
 1017  the Agency for Health Care Administration provides, pays, or
 1018  becomes liable for medical assistance under the Medicaid program
 1019  related to injury, sickness, disease, or death arising out of
 1020  the ownership, maintenance, or use of a motor vehicle, benefits
 1021  under ss. 627.730-627.7405 shall be subject to the provisions of
 1022  the Medicaid program.
 1023         (d) All overdue payments shall bear simple interest fixed
 1024  at the rate established under s. 55.03 or the rate established
 1025  in the insurance contract, whichever is greater, in effect on
 1026  the date for the year in which the payment became overdue,
 1027  calculated from the date the insurer was furnished with written
 1028  notice of the amount of covered loss. Interest is shall be due
 1029  at the time payment of the overdue claim is made.
 1030         Section 13. This act shall take effect July 1, 2012.