Florida Senate - 2022 SENATOR AMENDMENT Bill No. SB 2-A Ì619600wÎ619600 LEGISLATIVE ACTION Senate . House . . . Floor: 11/F/2R . 12/13/2022 03:07 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Polsky moved the following: 1 Senate Amendment (with title amendment) 2 3 4 Between lines 2607 and 2608 5 insert: 6 Section 17. Section 627.7015, Florida Statutes, is amended 7 to read: 8 627.7015 Mandatory mediationAlternative procedurefor 9 resolution of disputed property insurance claims.— 10 (1) This section sets forth a nonadversarialalternative11 dispute resolution procedure for a mediated claim resolution 12 conference prompted by the need for effective, fair, and timely 13 handling of property insurance claims. There is a particular 14 need for an informal, nonthreatening forum for helping parties 15who elect this procedureto resolve their claims disputes 16 because most homeowner and commercial residential insurance 17 policies obligate policyholders to participate in a potentially 18 expensive and time-consuming adversarial appraisal process 19 before litigation. The procedure set forth in this section is 20 designed to bring the parties together for a mediated claims 21 settlement conference without any of the trappings or drawbacks 22 of an adversarial process. Before resorting to these procedures, 23 policyholders and insurers are encouraged to resolve claims as 24 quickly and fairly as possible. This section appliesis25available with respectto claims under personal lines and 26 commercial residential policies before commencing the appraisal 27 process, or before commencing litigation.Mediation may be28requested only by the policyholder, as a first-party claimant, a29third-party, as an assignee of the policy benefits, or the30insurer. However, an insurer is not required to participate in31any mediation requested by a third-party assignee of the policy32benefits. If requested by the policyholder,Participation by 33 legal counsel is permitted. Mediation under this section is also 34 required ofavailable tolitigants referred to the department by 35 a county court or circuit court. This section does not apply to 36 commercial coverages, to private passenger motor vehicle 37 insurance coverages, or to disputes relating to liability 38 coverages in policies of property insurance. 39 (2) At the time of issuance and renewal of a policy or at 40 the time a first-party claim within the scope of this section is 41 filed by the policyholder, the insurer shall notify the 42 policyholder ofits right to participate inthe mandatory 43 mediation program under this section. The department shall 44 prepare a consumer information pamphlet for distribution to 45 persons participating in mediation. 46 (3) If the parties mutually agree, mediation may be 47 conducted by teleconference or by telephone in lieu of appearing 48 in person. The costs of mediation must be reasonable, and the 49 insurer must bear all of the cost of conducting mediation 50 conferences, except as otherwise provided in this section. If a 51 policyholder fails to appear at the conference, the conference 52 must be rescheduled upon the policyholder’s payment of the costs 53 of a rescheduled conference. If the insurer fails to appear at 54 the conference, the insurer must pay the policyholder’s actual 55 cash expenses incurred in attending the conference if the 56 insurer’s failure to attend was not due to a good cause 57 acceptable to the department. An insurer will be deemed to have 58 failed to appear if the insurer’s representative lacks authority 59 to settle the full value of the claim. The insurer shall incur 60 an additional fee for a rescheduled conference necessitated by 61 the insurer’s failure to appear at a scheduled conference. The 62 fees assessed by the administrator must include a charge 63 necessary to defray the expenses of the department related to 64 its duties under this section and must be deposited in the 65 Insurance Regulatory Trust Fund. 66 (4) The department shall adopt by rule a property insurance 67 mediation program to be administered by the department or its 68 designee. The department shallmayalso adopt special rules 69 which are applicable in cases of an emergency within the state, 70 including emergency rules as necessary to establish physical 71 addresses for the mediation program in areas affected by natural 72 disasters. The rules shall be modeled after practices and 73 procedures set forth in mediation rules of procedure adopted by 74 the Supreme Court. The rules shall provide for: 75 (a) Reasonable requirement for processing and scheduling of 76 requests for mediation. 77 (b) Qualifications, denial of application, suspension, 78 revocation of approval, and other penalties for mediators as 79 provided in s. 627.745 and the Florida Rules for Certified and 80 Court-Appointed Mediators. 81 (c) Provisions governing who may attend mediation 82 conferences. 83 (d) Selection of mediators. 84 (e) Criteria for the conduct of mediation conferences. 85 (f) Right to legal counsel. 86 (5) All statements made and documents produced at a 87 mediation conference shall be deemed to be settlement 88 negotiations in anticipation of litigation within the scope of 89 s. 90.408. All parties to the mediation must negotiate in good 90 faith and must have the authority to immediately settle the 91 claim. Mediators are deemed to be agents of the department and 92 shall have the immunity from suit provided in s. 44.107. 93 (6)(a) Mediation is nonbinding; however, if a written 94 settlement is reached, the policyholder has 3 business days 95 within which the policyholder may rescind the settlement unless 96 the policyholder has cashed or deposited any check or draft 97 disbursed to the policyholder for the disputed matters as a 98 result of the conference. If a settlement agreement is reached 99 and is not rescinded, it is binding and acts as a release of all 100 specific claims that were presented in that mediation 101 conference. 102 (b) At the conclusion of the mediation, the mediator shall 103 provide a written report of the results of mediation, including 104 any settlement amount, to the insurer, the policyholder, and the 105 policyholder’s representative if the policyholder is represented 106 at the mediation. 107 (7) If the insurer fails to comply with subsection (2) by 108 failing to notify a policyholder ofits right to participate in109 the mediation program under this section or ifthe insurer110requests the mediation, andthe mediation results are rejected 111 by either party, the policyholder is not required to submit to 112 or participate in any contractual loss appraisal process of the 113 property loss damage as a precondition to legal action for 114 breach of contract against the insurer for its failure to pay 115 the policyholder’s claims covered by the policy. 116 (8) The department may designate an entity or person to 117 serve as administrator to carry out any of the provisions of 118 this section and may take this action by means of a written 119 contract or agreement. 120 (9) For purposes of this section, the term “claim” refers 121 to any dispute between an insurer and a policyholder relating to 122 a material issue of fact other than a dispute: 123 (a) With respect to which the insurer has a reasonable 124 basis to suspect fraud; 125 (b) When, based on agreed-upon facts as to the cause of 126 loss, there is no coverage under the policy; 127 (c) With respect to which the insurer has a reasonable 128 basis to believe that the policyholder has intentionally made a 129 material misrepresentation of fact which is relevant to the 130 claim, and the entire request for payment of a loss has been 131 denied on the basis of the material misrepresentation; 132 (d) With respect to which the amount in controversy is less 133 than $500, unless the parties agree to mediate a dispute 134 involving a lesser amount; or 135 (e) With respect to a loss that does not comply with s. 136 627.70132. 137 Section 18. For the 2022-2023 fiscal year, the sum of $1 138 million in recurring funds is appropriated from the Insurance 139 Regulatory Trust Fund to the Department of Financial Services 140 for the purpose of administering the amendment made by this act 141 to s. 627.7015, Florida Statutes. 142 143 ================= T I T L E A M E N D M E N T ================ 144 And the title is amended as follows: 145 Delete line 119 146 and insert: 147 barred; amending s. 627.7015, F.S.; requiring, rather 148 than authorizing, parties to a property insurance 149 claims dispute to participate in mediation; providing 150 that the parties may mutually agree to conduct the 151 mediation by teleconference or by telephone; 152 requiring, rather than authorizing, the Department of 153 Financial Services to adopt certain rules; authorizing 154 the department to adopt certain emergency rules; 155 providing an appropriation; amending s. 627.70152, 156 F.S.; revising