Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 76
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Boyd) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) is added to section 626.9373,
    6  Florida Statutes, to read:
    7         626.9373 Attorney’s fees.—
    8         (3)(a)As used in this subsection, the term:
    9         1.“Assignee” has the same meaning as in s. 627.7152.
   10         2.“Claimant” means an insured or assignee who is filing
   11  suit under a property insurance policy.
   12         3.“Demand” means the specific amount alleged to be owed by
   13  the insurer to the claimant under the property insurance policy.
   14         4.“Demand-judgment quotient” means the quotient obtained
   15  by dividing the judgment by the demand.
   16         5.“Incurred attorney fees” means the total amount of
   17  attorney fees supported by sufficient evidence and determined by
   18  the court to have been incurred by the claimant in bringing the
   19  action.
   20         6.“Judgment” means damages recovered, if any, but does not
   21  include any amount awarded for attorney fees, costs, or
   22  interest.
   23         (b)Notwithstanding any other provision of law, in a suit
   24  arising under a residential or commercial property insurance
   25  policy, attorney fees and costs may be recovered only pursuant
   26  to s. 57.105 and this subsection. Attorney fees may be awarded
   27  under this section as follows:
   28         1.If the demand-judgment quotient is greater than or equal
   29  to 0.8, the full amount of incurred attorney fees may be awarded
   30  to the claimant.
   31         2.If the demand-judgment quotient is equal to or greater
   32  than 0.2 but less than 0.8, the attorney fees awarded to the
   33  claimant must equal the product of multiplying the incurred
   34  attorney fees by the demand-judgment quotient.
   35         3.If the demand-judgment quotient is less than 0.2, a
   36  claimant may not be awarded attorney fees; however, the full
   37  amount of attorney fees incurred may be awarded to the insurer
   38  if the claimant is an assignee.
   39         (c)In an award of attorney fees under this subsection, a
   40  strong presumption is created that a lodestar fee is sufficient
   41  and reasonable. Such presumption may be rebutted only in a rare
   42  and exceptional circumstance with evidence that competent
   43  counsel could not be retained in a reasonable manner.
   44         Section 2. Subsection (4) is added to section 627.428,
   45  Florida Statutes, to read:
   46         627.428 Attorney fees.—
   47         (4)This section does not apply to a judgment or decree
   48  entered by any of court of this state against a commercial or
   49  residential property insurer.
   50         Section 3. Paragraphs (f), (g), and (h) are added to
   51  subsection (5) of section 627.7011, Florida Statutes, to read:
   52         627.7011 Homeowners’ policies; offer of replacement cost
   53  coverage and law and ordinance coverage.—
   54         (5) This section does not:
   55         (f) Prohibit an insurer, notwithstanding paragraph (1)(a),
   56  from providing limited coverage on a personal lines residential
   57  property insurance policy by including a roof covering
   58  reimbursement schedule. If included in the policy, a roof
   59  covering reimbursement schedule must do all of the following:
   60         1. Provide reimbursement for repair, replacement, and
   61  installation based on the annual age of a roof covering type.
   62         2. Provide full replacement coverage for any roof covering
   63  type less than 10 years old.
   64         3. Unless otherwise demonstrated to the office to be
   65  actuarially justified, provide for reimbursement amounts of no
   66  less than:
   67         a. Seventy percent for a metal roof type.
   68         b. Forty percent for a concrete tile and clay tile roof
   69  type.
   70         c. Forty percent for a wood shake and wood shingle roof
   71  type.
   72         d. Twenty-five percent for all other roof types.
   73         4. Include at the top of the schedule, in bold type no
   74  smaller than 12 points, the following statement:
   75  
   76  “PLEASE DISCUSS WITH YOUR INSURANCE AGENT. YOU ARE ELECTING TO
   77  PURCHASE COVERAGE ON YOUR ROOF ACCORDING TO A ROOF COVERING
   78  REIMBURSEMENT SCHEDULE. IF YOUR ROOF IS DAMAGED BY A COVERED
   79  PERIL, YOU WILL RECEIVE A PAYMENT AMOUNT FOR YOUR ROOF ACCORDING
   80  TO THE SCHEDULE BELOW. BE ADVISED THAT THIS MAY RESULT IN YOU
   81  HAVING TO PAY SIGNIFICANT COSTS TO REPAIR OR REPLACE YOUR ROOF.
   82  PLEASE DISCUSS WITH YOUR INSURANCE AGENT.”
   83  
   84         5. Allow for all actuarially sound methods of s. 627.062 to
   85  apply.
   86         6. Be approved by the office.
   87         7. Be provided to the insured with the policy documents at
   88  issuance and renewal.
   89  
   90  A roof covering reimbursement schedule may not be applied to a
   91  roof if there is a total loss to a primary structure in
   92  accordance with the valued policy law under s. 627.702 which is
   93  caused by a covered peril.
   94         (g)Prohibit an insurer that provides roof reimbursement on
   95  the basis of a roof covering reimbursement schedule from also
   96  offering roof reimbursement on the basis of replacement costs.
   97         (h)Prohibit an insurer, notwithstanding paragraph (1)(a),
   98  from providing coverage on a personal lines residential property
   99  insurance policy by limiting coverage for a roof to a stated
  100  value sublimit of coverage. A stated value sublimit of coverage
  101  may not be applied to a roof if there is a total loss to the
  102  primary structure in accordance with the valued policy law under
  103  s. 627.702 which is caused by a covered peril.
  104         Section 4. Section 627.70132, Florida Statutes, is amended
  105  to read:
  106         627.70132 Notice of property insurance windstorm or
  107  hurricane claim.—A claim, supplemental claim, or reopened claim
  108  under an insurance policy that provides property insurance, as
  109  defined in s. 624.604, including a property insurance policy
  110  issued by an eligible surplus lines insurer, for loss or damage
  111  caused by the peril of windstorm or hurricane is barred unless
  112  notice of the claim, supplemental claim, or reopened claim is
  113  was given to the insurer in accordance with the terms of the
  114  policy within 2 3 years after the date of loss hurricane first
  115  made landfall or the windstorm caused the covered damage. For
  116  purposes of this section, the term “supplemental claim” or
  117  “reopened claim” means any additional claim for recovery from
  118  the insurer for losses from the same hurricane or windstorm
  119  which the insurer has previously adjusted pursuant to the
  120  initial claim. This section does not affect any applicable
  121  limitation on civil actions provided in s. 95.11 for claims,
  122  supplemental claims, or reopened claims timely filed under this
  123  section.
  124         Section 5. Subsection (9) of section 627.7015, Florida
  125  Statutes, is amended, and subsection (10) is added to that
  126  section, to read:
  127         627.7015 Alternative procedure for resolution of disputed
  128  property insurance claims.—
  129         (9) For purposes of this section, the term “claim” refers
  130  to any dispute between an insurer and a policyholder relating to
  131  a material issue of fact other than a dispute:
  132         (a) With respect to which the insurer has a reasonable
  133  basis to suspect fraud;
  134         (b) When, based on agreed-upon facts as to the cause of
  135  loss, there is no coverage under the policy;
  136         (c) With respect to which the insurer has a reasonable
  137  basis to believe that the policyholder has intentionally made a
  138  material misrepresentation of fact which is relevant to the
  139  claim, and the entire request for payment of a loss has been
  140  denied on the basis of the material misrepresentation;
  141         (d) With respect to which the amount in controversy is less
  142  than $500, unless the parties agree to mediate a dispute
  143  involving a lesser amount; or
  144         (e) With respect to a windstorm or hurricane loss that does
  145  not comply with s. 627.70132.
  146         (10)A property insurance policy may require the
  147  policyholder as a first-party claimant and a third party as an
  148  assignee of the policy benefits to participate in mediation
  149  pursuant to this section if requested by the insurer.
  150         Section 6. Section 627.70152, Florida Statutes, is created
  151  to read:
  152         627.70152 Suits arising under a property insurance policy.—
  153         (1)APPLICATION.—This section applies to all suits under a
  154  property insurance policy, including actions brought by an
  155  assignee.
  156         (2)DEFINITIONS.—As used in this section, the term:
  157         (a)“Assignee” has the same meaning as in s. 627.7152.
  158         (b)“Claimant” means an insured or assignee who is filing
  159  suit under a property insurance policy.
  160         (c)“Demand” means the specific amount alleged to be owed
  161  by the insurer to the claimant under the property insurance
  162  policy.
  163         (d)“Demand-judgment quotient” means the quotient obtained
  164  by dividing the judgment by the demand.
  165         (e)“Incurred attorney fees” means the total amount of
  166  attorney fees supported by sufficient evidence and determined by
  167  the court to have been incurred by the claimant in bringing the
  168  action.
  169         (f)“Judgment” means damages recovered, if any, but does
  170  not include any amount awarded for attorney fees, costs, or
  171  interest.
  172         (3)NOTICE.—
  173         (a)As a condition precedent to filing a suit under a
  174  property insurance policy, a claimant must provide the insurer a
  175  written notice of intent to initiate litigation in accordance
  176  with this section. A claimant who is an assignee must also
  177  provide such notice to the named insured or the assignor, if not
  178  the named insured. Such notice must be served by certified mail,
  179  return receipt requested, or electronic delivery at least 60
  180  days before filing suit. However, such notice may not be served
  181  before the insurer has made a determination of coverage under s.
  182  627.70131. An attorney or other representative of the claimant
  183  who provides such notice must provide a copy of the notice to
  184  the claimant. The notice and any copy must specify:
  185         1.That the notice is being provided pursuant to this
  186  section;
  187         2.The alleged acts or omissions of the insurer giving rise
  188  to the action;
  189         3.The demand;
  190         4.The amount of reasonable and necessary attorney fees
  191  incurred by the claimant, to be calculated by multiplying the
  192  number of hours actually worked on the claim as of the date of
  193  the notice by the claimant’s attorney by a reasonable hourly
  194  rate; and
  195         5.If provided by an attorney or other representative, that
  196  a copy of the notice was provided to the claimant.
  197  
  198  The notice and any copy must be accompanied by a detailed
  199  written invoice or estimate of services, including itemized
  200  information on equipment, materials, and supplies; the number of
  201  labor hours; and, in the case of work performed, proof that the
  202  work has been performed in accordance with accepted industry
  203  standards.
  204         (b)As a precondition to filing suit, an assignee also must
  205  comply with s. 627.7152.
  206         (c)A notice of intent to initiate litigation must be
  207  served within the time limits provided in s. 95.11 and is not
  208  required if the action is a counterclaim. Service of a notice
  209  tolls the time limits provided in s. 95.11 for 60 days if such
  210  time limits will expire before the end of the 60-day notice
  211  period.
  212         (d)A court must dismiss without prejudice any action
  213  relating to a claim for which a notice of intent to initiate
  214  litigation is given as required by this subsection if such
  215  action is commenced before the expiration of the 60-day notice
  216  period, is brought by an insurer to whom notice was given, and
  217  is against the claimant giving notice.
  218         (4)ADMISSIBILITY OF NOTICE AND RESPONSE.—The notice
  219  provided pursuant to subsection (3) and the submissions provided
  220  pursuant to subparagraph (3)(b)2.:
  221         (a)Are admissible as evidence in a civil action or an
  222  alternative dispute resolution proceeding relating to the claim
  223  for which the notice is given;
  224         (b)Do not limit the evidence of attorney fees, damages, or
  225  loss which may be offered at trial; and
  226         (c)Do not relieve any obligation that an insured or
  227  assignee has to give notice under any other provision of law.
  228         (5)INSPECTION.—Within 30 days after an insurer receives
  229  notice pursuant to subsection (3), the insurer may send a
  230  written request to the insured or assignee to inspect,
  231  photograph, or evaluate, in a reasonable manner and at a
  232  reasonable time, the property that is the subject of the claim.
  233  If reasonably possible, the insurer must complete the
  234  inspection, photography, and evaluation not later than 60 days
  235  after the insurer receives the presuit notice. After completing
  236  the inspection, the insurer must conduct an internal review by a
  237  duly-qualified claims adjuster to fairly and promptly evaluate
  238  the claim. This section does not limit any right provided in a
  239  property insurance policy or contract to inspect property.
  240         (6)ABATEMENT.—
  241         (a)In addition to taking any other action allowed by an
  242  insurance policy or a contract or by any other provision of law,
  243  an insurer may file a motion to abate a suit under a property
  244  insurance policy if the insurer:
  245         1.Files the motion no later than the 30th day after the
  246  insurer filed an original answer in the court in which the
  247  action is pending; and
  248         2.Did not receive notice required pursuant to subsection
  249  (3) or requested an inspection pursuant to subsection (5) but
  250  was not provided a reasonable opportunity to inspect,
  251  photograph, or evaluate the property that is the subject of the
  252  claim.
  253         (b)The court shall abate the action if the court finds
  254  that the insurer did not receive the notice required by
  255  subsection (3) or requested an inspection pursuant to subsection
  256  (5) but was not provided a reasonable opportunity to inspect,
  257  photograph, or evaluate the property that is the subject of the
  258  claim.
  259         (c)The action is abated without a court order beginning on
  260  the 11th day after the motion to abate is filed if the motion to
  261  abate:
  262         1.Is verified and states that the insurer did not receive
  263  the notice required by subsection (3) or requested an inspection
  264  pursuant to subsection (5) but was not provided a reasonable
  265  opportunity to inspect, photograph, or evaluate the property
  266  that is the subject of the claim; and
  267         2.Is not controverted by an affidavit filed by the insured
  268  or assignee within 10 days after the date the plea in abatement
  269  is filed.
  270         (d)An affidavit filed pursuant to subparagraph (c)2. must
  271  include as an attachment a copy of the written notice sent
  272  pursuant to subsection (3) and state the date on which such
  273  notice was given.
  274         (e)Abatement under this subsection continues until the
  275  later of:
  276         1.Sixty days after the claimant provides notice to the
  277  insurer in compliance with subsection (3); or
  278         2.Fifty days after the insurer completes the requested
  279  inspection, photographing, or evaluating of the property
  280  pursuant to subsection (5).
  281         (f)If an action is abated pursuant to this subsection, a
  282  court may not compel during the abatement period participation
  283  in mediation pursuant to s. 627.7015 or neutral evaluation
  284  pursuant to s. 627.7074.
  285         (7)ATTORNEY FEES.—
  286         (a)Notwithstanding any other provision of law, in a suit
  287  arising under a residential or commercial property insurance
  288  policy, attorney fees and costs may be recovered only pursuant
  289  to s. 57.105 and this subsection. An award of attorney fees and
  290  costs may include only attorney fees and costs incurred after
  291  the suit is filed and may not include attorney fees and costs
  292  incurred while a suit is in abatement pursuant to this section.
  293  Attorney fees may be awarded under this section as follows:
  294         1.If the demand-judgment quotient is greater than or equal
  295  to 0.8, the full amount of incurred attorney fees may be awarded
  296  to the claimant.
  297         2.If the demand-judgment quotient is equal to or greater
  298  than 0.2 but less than 0.8, the attorney fees awarded to the
  299  claimant must equal the product of multiplying the incurred
  300  attorney fees by the demand-judgment quotient.
  301         3.If the demand-judgment quotient is less than 0.2, a
  302  claimant may not be awarded attorney fees; however, the full
  303  amount of attorney fees incurred may be awarded to the insurer
  304  if the claimant is an assignee.
  305         (b)In an award of attorney fees under this subsection, a
  306  strong presumption is created that a lodestar fee is sufficient
  307  and reasonable. Such presumption may be rebutted only in a rare
  308  and exceptional circumstance with evidence that competent
  309  counsel could not be retained in a reasonable manner.
  310         (c)If an insurer pleads and proves that it did not receive
  311  notice that complies with subsection (3) and files such pleading
  312  no later than the 30th day after the insurer files an original
  313  answer in the court in which the action is pending, the court
  314  may not award to the claimant any incurred attorney fees for
  315  services rendered after the date on which the insurer files such
  316  pleading with the court.
  317         (d)If a claimant commences an action in any court of this
  318  state based upon or including the same claim against the same
  319  adverse party that such insured or assignee has previously
  320  voluntarily dismissed in a court of this state, the court may
  321  order the insured or assignee to pay the attorney fees and costs
  322  of the adverse party resulting from the action previously
  323  voluntarily dismissed. The court shall stay the proceedings in
  324  the subsequent action until the insured or assignee has complied
  325  with the order.
  326         Section 7. Section 627.70153, Florida Statutes, is created
  327  to read:
  328         627.70153 Consolidation of residential property insurance
  329  actions.—Each party that is aware of ongoing multiple actions
  330  involving coverage provided under the same residential property
  331  insurance policy for the same property with the same owners must
  332  provide written notice to the court of the multiple actions.
  333  Upon notification of any party, the court may order that the
  334  actions be consolidated and transferred to the court having
  335  jurisdiction based on the total amount in controversy of all
  336  consolidated claims. If multiple cases are pending in circuit
  337  courts, the cases may be consolidated based on the date on which
  338  the first case was filed.
  339         Section 8. Paragraphs (d) through (g) of subsection (1),
  340  paragraph (a) of subsection (2), and subsections (5), (9), and
  341  (10) of section 627.7152, Florida Statutes, are amended to read:
  342         627.7152 Assignment agreements.—
  343         (1) As used in this section, the term:
  344         (d) “Disputed amount” means the difference between the
  345  assignee’s presuit settlement demand and the insurer’s presuit
  346  settlement offer.
  347         (e) “Judgment obtained” means damages recovered, if any,
  348  but does not include any amount awarded for attorney fees,
  349  costs, or interest.
  350         (f) “Presuit settlement demand” means the demand made by
  351  the assignee in the written notice of intent to initiate
  352  litigation as required by paragraph (9)(a).
  353         (g) “Presuit settlement offer” means the offer made by the
  354  insurer in its written response to the notice of intent to
  355  initiate litigation as required by paragraph (9)(b).
  356         (2)(a) An assignment agreement must:
  357         1. Be in writing and executed by and between the assignor
  358  and the assignee.
  359         2. Contain a provision that allows the assignor to rescind
  360  the assignment agreement without a penalty or fee by submitting
  361  a written notice of rescission signed by the assignor to the
  362  assignee within 14 days after the execution of the agreement, at
  363  least 30 days after the date work on the property is scheduled
  364  to commence if the assignee has not substantially performed, or
  365  at least 30 days after the execution of the agreement if the
  366  agreement does not contain a commencement date and the assignee
  367  has not begun substantial work on the property.
  368         3. Contain a provision requiring the assignee to provide a
  369  copy of the executed assignment agreement to the insurer and the
  370  named insured within 3 business days after the date on which the
  371  assignment agreement is executed or the date on which work
  372  begins, whichever is earlier. Delivery of the copy of the
  373  assignment agreement to the insurer and the named insured may be
  374  made:
  375         a. By personal service, overnight delivery, or electronic
  376  transmission, with evidence of delivery in the form of a receipt
  377  or other paper or electronic acknowledgment by the insurer or
  378  named insured, as applicable; or
  379         b. To the location designated for the insurer’s receipt of
  380  such agreements as specified in the policy.
  381         4. Contain a written, itemized, per-unit cost estimate of
  382  the services to be performed by the assignee.
  383         5. Relate only to work to be performed by the assignee for
  384  services to protect, repair, restore, or replace a dwelling or
  385  structure or to mitigate against further damage to such
  386  property.
  387         6. Contain the following notice in 18-point uppercase and
  388  boldfaced type:
  389  
  390         YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE
  391         UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH
  392         MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE
  393         READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT.
  394         YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT
  395         PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT
  396         IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON
  397         THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE
  398         HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS
  399         AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT
  400         DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE
  401         HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY.
  402         HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY
  403         CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS
  404         RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR
  405         OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR
  406         PROPERTY INSURANCE POLICY.
  407  
  408         7. Contain a provision requiring the assignee to indemnify
  409  and hold harmless the assignor from all liabilities, damages,
  410  losses, and costs, including, but not limited to, attorney fees,
  411  should the policy subject to the assignment agreement prohibit,
  412  in whole or in part, the assignment of benefits.
  413         (5) An assignment agreement and this section do not modify
  414  or eliminate:
  415         (a) Any term, condition, or defense relating to any managed
  416  repair arrangement provided in the policy.
  417         (b)The right of an insurer to communicate directly with
  418  the named insured.
  419         (9)(a) An assignee must provide the named insured, insurer,
  420  and the assignor, if not the named insured, with a written
  421  notice of intent to initiate litigation before filing suit under
  422  the policy. Such notice must be served by certified mail, return
  423  receipt requested, or electronic delivery at least 10 business
  424  days before filing suit, but may not be served before the
  425  insurer has made a determination of coverage under s. 627.70131.
  426  The notice must specify the damages in dispute, the amount
  427  claimed, and a presuit settlement demand. Concurrent with the
  428  notice, and as a precondition to filing suit, the assignee must
  429  provide the named insured, insurer, and the assignor, if not the
  430  named insured, a detailed written invoice or estimate of
  431  services, including itemized information on equipment,
  432  materials, and supplies; the number of labor hours; and, in the
  433  case of work performed, proof that the work has been performed
  434  in accordance with accepted industry standards.
  435         (b) An insurer must respond in writing to the notice within
  436  10 business days after receiving the notice specified in
  437  paragraph (a) by making a presuit settlement offer or requiring
  438  the assignee to participate in appraisal or other method of
  439  alternative dispute resolution under the policy. An insurer must
  440  have a procedure for the prompt investigation, review, and
  441  evaluation of the dispute stated in the notice and must
  442  investigate each claim contained in the notice in accordance
  443  with the Florida Insurance Code.
  444         (10) Notwithstanding any other provision of law, in a suit
  445  related to an assignment agreement for post-loss claims arising
  446  under a residential or commercial property insurance policy,
  447  attorney fees and costs may be recovered by an assignee only
  448  under s. 57.105 and this subsection.
  449         (a) If the difference between the judgment obtained by the
  450  assignee and the presuit settlement offer is:
  451         1. Less than 25 percent of the disputed amount, the insurer
  452  is entitled to an award of reasonable attorney fees.
  453         2. At least 25 percent but less than 50 percent of the
  454  disputed amount, no party is entitled to an award of attorney
  455  fees.
  456         3. At least 50 percent of the disputed amount, the assignee
  457  is entitled to an award of reasonable attorney fees.
  458         (b) If the insurer fails to inspect the property or provide
  459  written or oral authorization for repairs within 7 calendar days
  460  after the first notice of loss, the insurer waives its right to
  461  an award of attorney fees under this subsection. If the failure
  462  to inspect the property or provide written or oral authorization
  463  for repairs is the result of an event for which the Governor had
  464  declared a state of emergency under s. 252.36, factors beyond
  465  the control of the insurer which reasonably prevented an
  466  inspection or written or oral authorization for repairs, or the
  467  named insured’s failure or inability to allow an inspection of
  468  the property after a request by the insurer, the insurer does
  469  not waive its right to an award of attorney fees under this
  470  subsection.
  471         (c) If an assignee commences an action in any court of this
  472  state based upon or including the same claim against the same
  473  adverse party that such assignee has previously voluntarily
  474  dismissed in a court of this state, the court may order the
  475  assignee to pay the attorney fees and costs of the adverse party
  476  resulting from the action previously voluntarily dismissed. The
  477  court shall stay the proceedings in the subsequent action until
  478  the assignee has complied with the order.
  479         Section 9. The Supreme Court of Florida is requested to
  480  amend the Rules of Professional Conduct of the Rules Regulating
  481  The Florida Bar to require that, when a recovery judgment has
  482  been awarded in a residential or commercial residential property
  483  claim, each defense and plaintiff lawyer or law firm must
  484  provide closing statements itemizing the amount of the fee
  485  received by each defense and plaintiff lawyer or law firm,
  486  costs, and expenses to the Department of Financial Services.
  487         Section 10. This act shall take effect July 1, 2021.
  488  
  489  ================= T I T L E  A M E N D M E N T ================
  490  And the title is amended as follows:
  491         Delete everything before the enacting clause
  492  and insert:
  493                        A bill to be entitled                      
  494         An act relating to property insurance; amending s.
  495         626.9373, F.S.; defining terms; providing for an award
  496         of attorney fees for certain claims under specified
  497         circumstances; providing that, for certain attorney
  498         fees awarded for claims arising under surplus lines
  499         property insurance policies, a strong presumption is
  500         created that a lodestar fee is sufficient and
  501         reasonable; providing that such presumption may be
  502         rebutted only under certain circumstances; amending s.
  503         627.428, F.S.; providing applicability; amending s.
  504         627.7011, F.S.; providing that certain provisions
  505         relating to homeowners’ policies, offers of
  506         replacement cost coverage, and offers of law and
  507         ordinance coverage do not prohibit insurers from
  508         providing specified property insurance policies by
  509         including roof covering reimbursement schedules;
  510         providing requirements for roof covering reimbursement
  511         schedules; prohibiting application of a roof covering
  512         reimbursement schedule under certain circumstances;
  513         providing that certain provisions relating to
  514         homeowners’ policies, offers of replacement cost
  515         coverage, and offers of law and ordinance coverage do
  516         not prohibit insurers from providing specified
  517         property insurance policies by offering roof
  518         reimbursement on the basis of replacement costs;
  519         providing that certain provisions relating to
  520         homeowners’ policies, offers of replacement cost
  521         coverage, and offers of law and ordinance coverage do
  522         not prohibit insurers from providing coverage on
  523         specified property insurance policies for a roof that
  524         is limited to a certain value; providing that a stated
  525         value sublimit of coverage may not be applied to a
  526         roof in certain circumstances; amending s. 627.70132,
  527         F.S.; revising property insurance coverages for which
  528         a notice of claim must be given to the insurer within
  529         a specified timeframe; revising the timeframe for
  530         providing notices of property insurance claims;
  531         revising the definitions of the terms “supplemental
  532         claim” and “reopened claim”; amending s. 627.7015,
  533         F.S.; conforming a provision to changes made by the
  534         act; authorizing property insurance policies to
  535         require policyholders and assignees to participate in
  536         mediation; creating s. 627.70152, F.S.; providing
  537         applicability; defining terms; requiring notice of
  538         intent to initiate litigation; specifying requirements
  539         for such notice; specifying an assignee’s presuit
  540         obligations; specifying the timeframe within which a
  541         notice of intent to initiate litigation must be
  542         served; requiring dismissal of certain actions under
  543         specified circumstances; specifying the admissibility
  544         of certain evidence; providing construction;
  545         authorizing an insurer to request to inspect,
  546         photograph, or evaluate certain property; specifying
  547         requirements for such inspections, photographs, and
  548         evaluations; authorizing motions to abate suits under
  549         property insurance policies; specifying conditions for
  550         abatement; providing for an award of attorney fees for
  551         certain claims under specified circumstances;
  552         providing that, for certain attorney fees awarded for
  553         claims arising under property insurance policies, a
  554         strong presumption is created that a lodestar fee is
  555         sufficient and reasonable; providing that such
  556         presumption may be rebutted only under certain
  557         circumstances; providing for an award of attorney fees
  558         following a voluntary dismissal under certain
  559         circumstances; requiring the court to stay proceedings
  560         under certain circumstances; creating s. 627.70153,
  561         F.S.; requiring parties that are aware of certain
  562         residential property insurance claims to notify the
  563         court of multiple proceedings; authorizing the court
  564         to consolidate certain residential property insurance
  565         claims upon notification of any party; amending s.
  566         627.7152, F.S.; deleting definitions; requiring
  567         assignment agreements to be provided to named
  568         insureds; providing that assignment agreements do not
  569         modify the right of insurers to communicate directly
  570         with named insureds; deleting a requirement for a
  571         notice of intent to initiate litigation; deleting
  572         requirements for such notice; deleting a requirement
  573         for a written response to the notice of intent to
  574         initiate litigation; deleting requirements for such
  575         response; deleting a provision related to an award of
  576         reasonable attorney fees and costs for certain claims
  577         arising under an assignment agreement; deleting a
  578         provision related to an award of reasonable attorney
  579         fees and costs following a voluntary dismissal under
  580         certain circumstances; deleting a requirement for the
  581         court to stay proceedings under certain circumstances;
  582         requesting the Florida Supreme Court to amend rules to
  583         require defense and plaintiff lawyers or firms to
  584         provide closing statements to the department under
  585         certain circumstances; providing an effective date.