Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 742
       
       
       
       
       
       
                                Ì194946PÎ194946                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2021           .                                
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       The Committee on Banking and Insurance (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 133 - 554
    4  and insert:
    5         Section 3. Section 624.46227, Florida Statutes, is created
    6  to read:
    7         624.46227 Meeting requirements.—Any association, trust, or
    8  pool authorized by state law and created for the purpose of
    9  forming a risk management mechanism or providing self-insurance
   10  for public entities in this state may establish a quorum and
   11  conduct public business through communication media technology.
   12         Section 4. Subsection (3) of section 626.7351, Florida
   13  Statutes, is amended to read:
   14         626.7351 Qualifications for customer representative’s
   15  license.—The department shall not grant or issue a license as
   16  customer representative to any individual found by it to be
   17  untrustworthy or incompetent, or who does not meet each of the
   18  following qualifications:
   19         (3) Within 4 years preceding the date that the application
   20  for license was filed with the department, the applicant has
   21  earned the designation of Accredited Advisor in Insurance (AAI),
   22  Associate in General Insurance (AINS), or Accredited Customer
   23  Service Representative (ACSR) from the Insurance Institute of
   24  America; the designation of Certified Insurance Counselor (CIC)
   25  from the Society of Certified Insurance Service Counselors; the
   26  designation of Certified Professional Service Representative
   27  (CPSR) from the National Foundation for CPSR; the designation of
   28  Certified Insurance Service Representative (CISR) from the
   29  Society of Certified Insurance Service Representatives; the
   30  designation of Certified Insurance Representative (CIR) from
   31  All-Lines Training; the designation of Insurance Customer
   32  Service Representative (ICSR) from Statewide Insurance
   33  Associates LLC; the designation of Professional Customer Service
   34  Representative (PCSR) from the Professional Career Institute;
   35  the designation of Registered Customer Service Representative
   36  (RCSR) from a regionally accredited postsecondary institution in
   37  the state whose curriculum is approved by the department and
   38  includes comprehensive analysis of basic property and casualty
   39  lines of insurance and testing which demonstrates mastery of the
   40  subject; or a degree from an accredited institution of higher
   41  learning approved by the department when the degree includes a
   42  minimum of 9 credit hours of insurance instruction, including
   43  specific instruction in the areas of property, casualty, and
   44  inland marine insurance. The department shall adopt rules
   45  establishing standards for the approval of curriculum.
   46         Section 5. Section 626.856, Florida Statutes, is amended to
   47  read:
   48         626.856 “Company employee adjuster” defined.—A “company
   49  employee adjuster” means a person licensed as an all-lines
   50  adjuster who is appointed and employed on an insurer’s staff of
   51  adjusters, by an affiliate, or by a wholly owned subsidiary of
   52  the insurer, and who undertakes on behalf of such insurer or
   53  other insurers under common control or ownership to ascertain
   54  and determine the amount of any claim, loss, or damage payable
   55  under a contract of insurance, or undertakes to effect
   56  settlement of such claim, loss, or damage.
   57         Section 6. Effective upon this act becoming a law,
   58  subsections (1), (2), and (4) of section 626.9202, Florida
   59  Statutes, are amended, and subsections (7) and (8) are added to
   60  that section, to read:
   61         626.9202 Loss run statements for all lines of insurance.—
   62         (1) As used in this section, the term:
   63         (a) “Loss run statement” means a report that contains the
   64  policy number, the period of coverage, the number of claims, the
   65  paid losses on all claims, and the date of each loss. The term
   66  does not include supporting claim file documentation, including,
   67  but not limited to, copies of claim files, investigation
   68  reports, evaluation statements, insureds’ statements, and
   69  documents protected by a common law or statutory privilege. As
   70  applied to group health insurance, the term means a report that
   71  also contains premiums paid, number of insureds on a monthly
   72  basis, and dependent status.
   73         (b) “Provide” means to electronically send a document or to
   74  allow access through an electronic portal to view or generate a
   75  document.
   76         (2) Notwithstanding any other law, an insurer shall provide
   77  to an insured within 15 calendar days after an individual or
   78  entity designated by the insurer receives receipt of the
   79  insured’s written request, either:
   80         (a) A loss run statement; or
   81         (b) For personal lines of insurance, information on how to
   82  obtain a loss run statement at no charge through a consumer
   83  reporting agency. However, this section does not prohibit an
   84  insured from requesting a loss run statement after receiving
   85  information from a consumer reporting agency, in which case the
   86  insurer must then provide such loss run statement within 15
   87  calendar days after the individual or entity designated by the
   88  insurer receives the insured’s subsequent written request.
   89         (4) A loss run statement provided pursuant to this section
   90  must contain a claims history with the insurer for the preceding
   91  3 5 years or, if the claims history is less than 3 5 years, a
   92  complete claims history with the insurer.
   93         (7)This section does not apply to a life insurer as
   94  defined in s. 624.602.
   95         (8)For group health insurance, only the group policyholder
   96  may request and be provided a loss run statement pursuant to
   97  this section.
   98         Section 7. Paragraph (b) of subsection (2) of section
   99  627.062, Florida Statutes, is amended to read:
  100         627.062 Rate standards.—
  101         (2) As to all such classes of insurance:
  102         (b) Upon receiving a rate filing, the office shall review
  103  the filing to determine if a rate is excessive, inadequate, or
  104  unfairly discriminatory. In making that determination, the
  105  office shall, in accordance with generally accepted and
  106  reasonable actuarial techniques, consider the following factors:
  107         1. Past and prospective loss experience within and without
  108  this state.
  109         2. Past and prospective expenses.
  110         3. The degree of competition among insurers for the risk
  111  insured.
  112         4. Investment income reasonably expected by the insurer,
  113  consistent with the insurer’s investment practices, from
  114  investable premiums anticipated in the filing, plus any other
  115  expected income from currently invested assets representing the
  116  amount expected on unearned premium reserves and loss reserves.
  117  The commission may adopt rules using reasonable techniques of
  118  actuarial science and economics to specify the manner in which
  119  insurers calculate investment income attributable to classes of
  120  insurance written in this state and the manner in which
  121  investment income is used to calculate insurance rates. Such
  122  manner must contemplate allowances for an underwriting profit
  123  factor and full consideration of investment income that produces
  124  a reasonable rate of return; however, investment income from
  125  invested surplus may not be considered.
  126         5. The reasonableness of the judgment reflected in the
  127  filing.
  128         6. Dividends, savings, or unabsorbed premium deposits
  129  allowed or returned to policyholders, members, or subscribers in
  130  this state.
  131         7. The adequacy of loss reserves.
  132         8. The cost of reinsurance. The office may not disapprove a
  133  rate as excessive solely due to the insurer having obtained
  134  catastrophic reinsurance to cover the insurer’s estimated 250
  135  year probable maximum loss or any lower level of loss.
  136         9. Trend factors, including trends in actual losses per
  137  insured unit for the insurer making the filing.
  138         10. Conflagration and catastrophe hazards, if applicable.
  139         11. Projected hurricane losses, if applicable, which must
  140  be estimated using a model or method found to be acceptable or
  141  reliable by the Florida Commission on Hurricane Loss Projection
  142  Methodology, and as further provided in s. 627.0628. A
  143  residential property insurance rate filing may use a weighted or
  144  straight average of two or more such models or methods.
  145         12. Projected flood losses for personal residential
  146  property insurance, if applicable, which may be estimated using
  147  a model or method, or a straight average of model results or
  148  output ranges, independently found to be acceptable or reliable
  149  by the Florida Commission on Hurricane Loss Projection
  150  Methodology and as further provided in s. 627.0628.
  151         13. A reasonable margin for underwriting profit and
  152  contingencies.
  153         14. The cost of medical services, if applicable.
  154         15. Other relevant factors that affect the frequency or
  155  severity of claims or expenses.
  156  
  157  The provisions of this subsection do not apply to workers’
  158  compensation, employer’s liability insurance, and motor vehicle
  159  insurance.
  160         Section 8. Paragraph (b) of subsection (2) of section
  161  627.0629, Florida Statutes, is amended, and subsection (9) is
  162  added to that section, to read:
  163         627.0629 Residential property insurance; rate filings.—
  164         (2)
  165         (b) A rate filing for residential property insurance made
  166  more than 150 days after approval by the office of a building
  167  code rating factor plan submitted by a statewide rating
  168  organization may shall include positive and negative rate
  169  factors that reflect the manner in which building code
  170  enforcement in a particular jurisdiction addresses risk of wind
  171  damage. The rate filing must shall include variations from
  172  standard rate factors on an individual basis based on inspection
  173  of a particular structure by a licensed home inspector. If an
  174  inspection is requested by the insured, the insurer may require
  175  the insured to pay the reasonable cost of the inspection. This
  176  paragraph applies to structures constructed or renovated after
  177  the implementation of this paragraph.
  178         (9)An insurer may file with the office a personal lines
  179  residential property insurance rating plan that provides
  180  justified premium discounts, credits, or other rate
  181  differentials based on windstorm mitigation construction
  182  standards developed by an independent, not-for-profit,
  183  scientific research organization, if such standards meet the
  184  requirements of this section. The insurer may require a
  185  policyholder who elects to construct or retrofit the structure,
  186  in whole or in part, for windstorm mitigation purposes to
  187  present to the insurer evidence of compliance with the
  188  mitigation standards before receiving any premium discount,
  189  credit, or rate reduction allowed under the rating plan.
  190         Section 9. Subsection (1) of section 627.072, Florida
  191  Statutes, is amended to read:
  192         627.072 Making and use of rates.—
  193         (1) As to workers’ compensation and employer’s liability
  194  insurance, the following factors shall be used in the
  195  determination and fixing of rates:
  196         (a) The past loss experience and prospective loss
  197  experience within and outside this state;
  198         (b) The impact resulting from the past loss experience and
  199  prospective loss experience for insurers whose data are missing
  200  from statewide experience due to insolvency. Prior reported data
  201  for such insurers and all other relevant information may be used
  202  to assess the impact on rates;
  203         (c)(b) The conflagration and catastrophe hazards;
  204         (d)(c) A reasonable margin for underwriting profit and
  205  contingencies;
  206         (e)(d) Dividends, savings, or unabsorbed premium deposits
  207  allowed or returned by insurers to their policyholders, members,
  208  or subscribers;
  209         (f)(e) Investment income on unearned premium reserves and
  210  loss reserves;
  211         (g)(f) Past expenses and prospective expenses, both those
  212  countrywide and those specifically applicable to this state; and
  213         (h)(g) All other relevant factors, including judgment
  214  factors, within and outside this state.
  215         Section 10. Paragraph (a) of subsection (6) of section
  216  627.351, Florida Statutes, is amended to read:
  217         627.351 Insurance risk apportionment plans.—
  218         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  219         (a) The public purpose of this subsection is to ensure that
  220  there is an orderly market for property insurance for residents
  221  and businesses of this state.
  222         1. The Legislature finds that private insurers are
  223  unwilling or unable to provide affordable property insurance
  224  coverage in this state to the extent sought and needed. The
  225  absence of affordable property insurance threatens the public
  226  health, safety, and welfare and likewise threatens the economic
  227  health of the state. The state therefore has a compelling public
  228  interest and a public purpose to assist in assuring that
  229  property in the state is insured and that it is insured at
  230  affordable rates so as to facilitate the remediation,
  231  reconstruction, and replacement of damaged or destroyed property
  232  in order to reduce or avoid the negative effects otherwise
  233  resulting to the public health, safety, and welfare, to the
  234  economy of the state, and to the revenues of the state and local
  235  governments which are needed to provide for the public welfare.
  236  It is necessary, therefore, to provide affordable property
  237  insurance to applicants who are in good faith entitled to
  238  procure insurance through the voluntary market but are unable to
  239  do so. The Legislature intends, therefore, that affordable
  240  property insurance be provided and that it continue to be
  241  provided, as long as necessary, through Citizens Property
  242  Insurance Corporation, a government entity that is an integral
  243  part of the state, and that is not a private insurance company.
  244  To that end, the corporation shall strive to increase the
  245  availability of affordable property insurance in this state,
  246  while achieving efficiencies and economies, and while providing
  247  service to policyholders, applicants, and agents which is no
  248  less than the quality generally provided in the voluntary
  249  market, for the achievement of the foregoing public purposes.
  250  Because it is essential for this government entity to have the
  251  maximum financial resources to pay claims following a
  252  catastrophic hurricane, it is the intent of the Legislature that
  253  the corporation continue to be an integral part of the state and
  254  that the income of the corporation be exempt from federal income
  255  taxation and that interest on the debt obligations issued by the
  256  corporation be exempt from federal income taxation.
  257         2. The Residential Property and Casualty Joint Underwriting
  258  Association originally created by this statute shall be known as
  259  the Citizens Property Insurance Corporation. The corporation
  260  shall provide insurance for residential and commercial property,
  261  for applicants who are entitled, but, in good faith, are unable
  262  to procure insurance through the voluntary market. The
  263  corporation shall operate pursuant to a plan of operation
  264  approved by order of the Financial Services Commission. The plan
  265  is subject to continuous review by the commission. The
  266  commission may, by order, withdraw approval of all or part of a
  267  plan if the commission determines that conditions have changed
  268  since approval was granted and that the purposes of the plan
  269  require changes in the plan. For the purposes of this
  270  subsection, residential coverage includes both personal lines
  271  residential coverage, which consists of the type of coverage
  272  provided by homeowner, mobile home owner, dwelling, tenant,
  273  condominium unit owner, and similar policies; and commercial
  274  lines residential coverage, which consists of the type of
  275  coverage provided by condominium association, apartment
  276  building, and similar policies.
  277         3. With respect to coverage for personal lines residential
  278  structures:
  279         a. Effective January 1, 2014, a structure that has a
  280  dwelling replacement cost of $1 million or more, or a single
  281  condominium unit that has a combined dwelling and contents
  282  replacement cost of $1 million or more, is not eligible for
  283  coverage by the corporation. Such dwellings insured by the
  284  corporation on December 31, 2013, may continue to be covered by
  285  the corporation until the end of the policy term. The office
  286  shall approve the method used by the corporation for valuing the
  287  dwelling replacement cost for the purposes of this subparagraph.
  288  If a policyholder is insured by the corporation before being
  289  determined to be ineligible pursuant to this subparagraph and
  290  such policyholder files a lawsuit challenging the determination,
  291  the policyholder may remain insured by the corporation until the
  292  conclusion of the litigation.
  293         b. Effective January 1, 2015, a structure that has a
  294  dwelling replacement cost of $900,000 or more, or a single
  295  condominium unit that has a combined dwelling and contents
  296  replacement cost of $900,000 or more, is not eligible for
  297  coverage by the corporation. Such dwellings insured by the
  298  corporation on December 31, 2014, may continue to be covered by
  299  the corporation only until the end of the policy term.
  300         c. Effective January 1, 2016, a structure that has a
  301  dwelling replacement cost of $800,000 or more, or a single
  302  condominium unit that has a combined dwelling and contents
  303  replacement cost of $800,000 or more, is not eligible for
  304  coverage by the corporation. Such dwellings insured by the
  305  corporation on December 31, 2015, may continue to be covered by
  306  the corporation until the end of the policy term.
  307         d. Effective January 1, 2017, a structure that has a
  308  dwelling replacement cost of $700,000 or more, or a single
  309  condominium unit that has a combined dwelling and contents
  310  replacement cost of $700,000 or more, is not eligible for
  311  coverage by the corporation. Such dwellings insured by the
  312  corporation on December 31, 2016, may continue to be covered by
  313  the corporation until the end of the policy term.
  314  
  315  The requirements of sub-subparagraphs b.-d. do not apply in
  316  counties where the office determines there is not a reasonable
  317  degree of competition. In such counties a personal lines
  318  residential structure that has a dwelling replacement cost of
  319  less than $1 million, or a single condominium unit that has a
  320  combined dwelling and contents replacement cost of less than $1
  321  million, is eligible for coverage by the corporation.
  322         4. It is the intent of the Legislature that policyholders,
  323  applicants, and agents of the corporation receive service and
  324  treatment of the highest possible level but never less than that
  325  generally provided in the voluntary market. It is also intended
  326  that the corporation be held to service standards no less than
  327  those applied to insurers in the voluntary market by the office
  328  with respect to responsiveness, timeliness, customer courtesy,
  329  and overall dealings with policyholders, applicants, or agents
  330  of the corporation.
  331         5.a. Effective January 1, 2009, a personal lines
  332  residential structure that is located in the “wind-borne debris
  333  region,” as defined in s. 1609.2, International Building Code
  334  (2006), and that has an insured value on the structure of
  335  $750,000 or more is not eligible for coverage by the corporation
  336  unless the structure has opening protections as required under
  337  the Florida Building Code for a newly constructed residential
  338  structure in that area. A residential structure is deemed to
  339  comply with this sub-subparagraph if it has shutters or opening
  340  protections on all openings and if such opening protections
  341  complied with the Florida Building Code at the time they were
  342  installed.
  343         b. Any major structure, as defined in s. 161.54(6)(a), that
  344  is newly constructed, or rebuilt, repaired, restored, or
  345  remodeled to increase the total square footage of finished area
  346  by more than 25 percent, pursuant to a permit applied for after
  347  July 1, 2015, is not eligible for coverage by the corporation if
  348  the structure is seaward of the coastal construction control
  349  line established pursuant to s. 161.053 or is within the Coastal
  350  Barrier Resources System as designated by 16 U.S.C. ss. 3501
  351  3510.
  352         6. With respect to wind-only coverage for commercial lines
  353  residential condominiums, effective July 1, 2014, a condominium
  354  may shall be deemed ineligible for coverage when if 50 percent
  355  or more of the units are rented more than eight times in a
  356  calendar year for a rental agreement period of less than 30
  357  days.
  358         Section 11. Subsection (6) is added to section 627.421,
  359  Florida Statutes, to read:
  360         627.421 Delivery of policy.—
  361         (6) If a policy is sold in a wholly electronic manner, the
  362  insurer may electronically transmit all policy documents and
  363  claims communications to the insured or policyholder so long as
  364  the insurer provides a disclosure to the insured or policyholder
  365  at the time of sale.
  366         Section 12. Effective upon this act becoming a law,
  367  subsections (1), (2), and (4) of section 627.444, Florida
  368  Statutes, are amended, and subsections (7) and (8) are added to
  369  that section, to read:
  370         627.444 Loss run statements for all lines of insurance.—
  371         (1) As used in this section, the term:
  372         (a) “Loss run statement” means a report that contains the
  373  policy number, the period of coverage, the number of claims, the
  374  paid losses on all claims, and the date of each loss. The term
  375  does not include supporting claim file documentation, including,
  376  but not limited to, copies of claim files, investigation
  377  reports, evaluation statements, insureds’ statements, and
  378  documents protected by a common law or statutory privilege. As
  379  applied to group health insurance, the term means a report that
  380  also contains premiums paid, number of insureds on a monthly
  381  basis, and dependent status.
  382         (b) “Provide” means to electronically send a document or to
  383  allow access through an electronic portal to view or generate a
  384  document.
  385         (2) Notwithstanding any other law, an insurer shall provide
  386  to an insured within 15 calendar days after an individual or
  387  entity designated by the insurer receives receipt of the
  388  insured’s written request, either:
  389         (a) A loss run statement; or
  390         (b) For personal lines of insurance, information on how to
  391  obtain a loss run statement at no charge through a consumer
  392  reporting agency. However, this section does not prohibit an
  393  insured from requesting a loss run statement after receiving
  394  information from a consumer reporting agency, in which case the
  395  insurer must then provide such loss run statement within 15
  396  calendar days after the individual or entity designated by the
  397  insurer receives the insured’s subsequent written request.
  398         (4) A loss run statement provided pursuant to this section
  399  must contain a claims history with the insurer for the preceding
  400  3 5 years or, if the claims history is less than 3 5 years, a
  401  complete claims history with the insurer.
  402         (7)This section does not apply to a life insurer as
  403  defined in s. 624.602.
  404         (8)For group health insurance, only the group policyholder
  405  may request and be provided a loss run statement pursuant to
  406  this section.
  407         Section 13. Section 627.6647, Florida Statutes, is
  408  repealed.
  409         Section 14. Paragraph (b) of subsection (1) of section
  410  627.7011, Florida Statutes, is amended to read:
  411         627.7011 Homeowners’ policies; offer of replacement cost
  412  coverage and law and ordinance coverage.—
  413         (1) Prior to issuing a homeowner’s insurance policy, the
  414  insurer must offer each of the following:
  415         (b) A policy or endorsement providing that, subject to
  416  other policy provisions, any loss that is repaired or replaced
  417  at any location will be adjusted on the basis of replacement
  418  costs to the dwelling not exceeding policy limits, rather than
  419  actual cash value, and also including costs necessary to meet
  420  applicable laws and ordinances enacted on or before the time of
  421  loss which regulate regulating the construction, use, or repair
  422  of any property or require requiring the tearing down of any
  423  property, including the costs of removing debris. However,
  424  additional costs necessary to meet applicable laws and
  425  ordinances may be limited to 25 percent or 50 percent of the
  426  dwelling limit, as selected by the policyholder, and such
  427  coverage applies only to repairs of the damaged portion of the
  428  structure unless the total damage to the structure exceeds 50
  429  percent of the replacement cost of the structure.
  430  
  431  An insurer is not required to make the offers required by this
  432  subsection with respect to the issuance or renewal of a
  433  homeowner’s policy that contains the provisions specified in
  434  paragraph (b) for law and ordinance coverage limited to 25
  435  percent of the dwelling limit, except that the insurer must
  436  offer the law and ordinance coverage limited to 50 percent of
  437  the dwelling limit. This subsection does not prohibit the offer
  438  of a guaranteed replacement cost policy.
  439         Section 15. Effective upon this act becoming a law, present
  440  subsections (4) through (10) of section 627.715, Florida
  441  Statutes, are redesignated as subsections (5) through (11),
  442  respectively, and a new subsection (4) is added to that section,
  443  to read:
  444         627.715 Flood insurance.—An authorized insurer may issue an
  445  insurance policy, contract, or endorsement providing personal
  446  lines residential coverage for the peril of flood or excess
  447  coverage for the peril of flood on any structure or the contents
  448  of personal property contained therein, subject to this section.
  449  This section does not apply to commercial lines residential or
  450  commercial lines nonresidential coverage for the peril of flood.
  451  An insurer may issue flood insurance policies, contracts,
  452  endorsements, or excess coverage on a standard, preferred,
  453  customized, flexible, or supplemental basis.
  454         (4) An agent may export a contract or an endorsement
  455  providing flood coverage to an eligible surplus lines insurer
  456  without making a diligent effort to seek such coverage from
  457  three or more authorized insurers under s. 626.916(1)(a).
  458         Section 16. Effective upon this act becoming a law,
  459  paragraph (b) of subsection (1) and paragraph (a) of subsection
  460  (9) of section 627.7152, Florida Statutes, are amended to read:
  461         627.7152 Assignment agreements.—
  462         (1) As used in this section, the term:
  463         (b) “Assignment agreement” means any instrument by which
  464  post-loss benefits under a residential property insurance policy
  465  or commercial property insurance policy, as that term is defined
  466  in s. 627.0625(1), are assigned or transferred, or acquired in
  467  any manner, in whole or in part, to or from a person providing
  468  services, including, but not limited to, scopes of service, to
  469  inspect, protect, repair, restore, or replace property or to
  470  mitigate against further damage to the property. The term does
  471  not include fees collected by a public adjuster as defined in
  472  626.854.
  473         (9)(a) An assignee must provide the named insured, insurer,
  474  and the assignor, if not the named insured, with a written
  475  notice of intent to initiate litigation before filing suit under
  476  the policy. Such notice must be served by certified mail, return
  477  receipt requested, to the name and mailing address designated by
  478  the insurer in the policy forms, or by electronic delivery at
  479  the e-mail address designated by the insurer in the policy forms
  480  at least 10 business days before filing suit, but may not be
  481  served before the insurer has made a determination of coverage
  482  under s. 627.70131. The notice must specify the damages in
  483  dispute, the amount claimed, and a presuit settlement demand.
  484  Concurrent with the notice, and as a precondition to filing
  485  suit, the assignee must provide the named insured, insurer, and
  486  the assignor, if not the named insured, a detailed written
  487  invoice or estimate of services, including itemized information
  488  on equipment, materials, and supplies; the number of labor
  489  hours; and, in the case of work performed, proof that the work
  490  has been performed in accordance with accepted industry
  491  standards.
  492         Section 17. Section 627.7276, Florida Statutes, is amended
  493  to read:
  494         627.7276 Notice of limited coverage.—
  495         (1) An automobile policy that does not contain coverage for
  496  bodily injury and property damage must include a notice be
  497  clearly stamped or printed to the effect that such coverage is
  498  not included in the policy in the following manner:
  499  
  500         “THIS POLICY DOES NOT PROVIDE BODILY INJURY AND
  501         PROPERTY DAMAGE LIABILITY INSURANCE OR ANY OTHER
  502         COVERAGE FOR WHICH A SPECIFIC PREMIUM CHARGE IS NOT
  503         MADE, AND DOES NOT COMPLY WITH ANY FINANCIAL
  504         RESPONSIBILITY LAW.”
  505  
  506         (2) This notice legend must accompany appear on the policy
  507  declaration page and on the filing back of the policy and be
  508  printed in a contrasting color from that used on the policy and
  509  in type and larger than the largest type used in the text at
  510  least as large as the type and text used on the declarations
  511  page thereof, as an overprint or by a rubber stamp impression.
  512  
  513  ================= T I T L E  A M E N D M E N T ================
  514  And the title is amended as follows:
  515         Delete lines 7 - 57
  516  and insert:
  517         process is valid and binding upon insurers; creating
  518         s. 624.46227, F.S.; authorizing an association, trust,
  519         or pool created for the purpose of forming or managing
  520         a risk management mechanism or providing self
  521         insurance for a public entity to establish a quorum
  522         and conduct public business through communication
  523         media technology; amending s. 626.7351, F.S.; revising
  524         a qualification for licensure as a customer
  525         representative; amending s. 626.856, F.S.; revising
  526         the definition of the term “company employee
  527         adjuster”; amending s. 626.9202, F.S.; revising the
  528         definition of the term “loss run statement”;
  529         specifying the entities that must receive requests for
  530         loss run statements; specifying that insurers must
  531         provide loss run statements under certain
  532         circumstances; revising the required claims history in
  533         loss run statements; providing applicability; limiting
  534         loss run statement requests with respect to group
  535         health insurance policies to group policyholders;
  536         amending s. 627.062, F.S.; revising the factors for
  537         determining whether an insurance rate filing is
  538         excessive, inadequate, or unfairly discriminatory;
  539         amending s. 627.0629, F.S.; authorizing, rather than
  540         requiring, rate filings for certain residential
  541         property insurance to include certain rate factors;
  542         authorizing insurers to file certain insurance rating
  543         plans based on certain windstorm mitigation
  544         construction standards; authorizing insurers to
  545         require policyholders to provide evidence of
  546         compliance with mitigation standards under certain
  547         conditions; amending s. 627.072, F.S.; providing a
  548         ratemaking factor for workers’ compensation and
  549         employer’s liability insurance; amending s. 627.351,
  550         F.S.; revising conditions for determining the
  551         ineligibility of condominiums for wind-only coverage;
  552         amending s. 627.421, F.S.; authorizing insurers to
  553         electronically transmit policy documents and claims
  554         documents under certain circumstances; amending s.
  555         627.444, F.S.; revising the definition of the term
  556         “loss run statement”; specifying the entities that
  557         must receive requests for loss run statements;
  558         specifying that insurers must provide loss run
  559         statements under certain circumstances; revising the
  560         required claims history in loss run statements;
  561         providing applicability; limiting loss run statement
  562         requests with respect to group health insurance
  563         policies to group policyholders; repealing s.
  564         627.6647, F.S., relating to the release of information
  565         required for bid to group health insurance
  566         policyholders; amending s. 627.7011, F.S.; revising
  567         conditions for inclusion of costs for law and
  568         ordinance coverage in loss adjustments under certain
  569         homeowners’ policies; amending s. 627.715, F.S.;
  570         providing an exemption from a diligent effort
  571         requirement for agents exporting contracts or
  572         endorsements providing flood coverage; amending s.
  573         627.7152, F.S.; revising the definition of the term
  574         “assignment agreement”; specifying the addresses to
  575         which a notice of intent must be served; amending s.
  576         627.7276, F.S.; revising notice requirements for motor
  577         vehicle policies that do not provide coverage for
  578         bodily injury and property damage liability;