Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 714
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Banking and Insurance (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 30 - 38
    4  and insert:
    5         Section 2. Subsection (3) of section 624.155, Florida
    6  Statutes, is amended to read:
    7         624.155 Civil remedy.—
    8         (3)(a) As a condition precedent to bringing an action under
    9  this section, the department and the authorized insurer must
   10  have been given 60 days’ written notice of the violation. If the
   11  department returns a notice for lack of specificity, the 60-day
   12  time period shall not begin until a proper notice is filed.
   13         (b) The notice shall be on a form provided by the
   14  department and shall state with specificity the following
   15  information, and such other information as the department may
   16  require:
   17         1. The statutory provision, including the specific language
   18  of the statute, which the authorized insurer allegedly violated.
   19         2. The facts and circumstances giving rise to the
   20  violation.
   21         3. The name of any individual involved in the violation.
   22         4. Reference to specific policy language that is relevant
   23  to the violation, if any. If the person bringing the civil
   24  action is a third party claimant, she or he shall not be
   25  required to reference the specific policy language if the
   26  authorized insurer has not provided a copy of the policy to the
   27  third party claimant pursuant to written request.
   28         5. A statement that the notice is given in order to perfect
   29  the right to pursue the civil remedy authorized by this section.
   30         (c) Within 20 days of receipt of the notice, the department
   31  may return any notice that does not provide the specific
   32  information required by this section, and the department shall
   33  indicate the specific deficiencies contained in the notice. A
   34  determination by the department to return a notice for lack of
   35  specificity shall be exempt from the requirements of chapter
   36  120.
   37         (c)(d) No action shall lie if, within 60 days after filing
   38  notice, the damages are paid or the circumstances giving rise to
   39  the violation are corrected.
   40         (d)(e) The authorized insurer that is the recipient of a
   41  notice filed pursuant to this section shall report to the
   42  department on the disposition of the alleged violation.
   43         (e)(f) The applicable statute of limitations for an action
   44  under this section shall be tolled for a period of 65 days by
   45  the mailing of the notice required by this subsection or the
   46  mailing of a subsequent notice required by this subsection.
   47         (f) As to first-party residential property insurance
   48  claims, an insured may not file the notice required under this
   49  subsection earlier than 90 days after the insurer receives
   50  notice of an initial, reopened, or supplemental first-party
   51  residential property insurance claim from an insured. This
   52  paragraph does not apply if the insurer denies coverage on the
   53  entire claim.
   55  ================= T I T L E  A M E N D M E N T ================
   56  And the title is amended as follows:
   57         Delete lines 3 - 5
   58  and insert:
   59         Amending s. 624.155, F.S.; deleting a provision that
   60         tolls, under certain circumstances, a period before a
   61         civil action against an insurer may be brought;
   62         deleting authority for the Department of Financial
   63         Services to return a civil remedy notice for lack of
   64         specificity; prohibiting insureds, in certain claims,
   65         from filing a certain presuit notice before a certain
   66         timeframe; providing applicability; amending s.
   67         626.9541, F.S.;