Florida Senate - 2023                              CS for SB 418
       
       
        
       By the Committee on Banking and Insurance; and Senator Perry
       
       
       
       
       
       597-02158-23                                           2023418c1
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 627.062,
    3         F.S.; authorizing residential property insurance rate
    4         filings to use a specified modeling indication;
    5         amending s. 627.0628, F.S.; revising membership
    6         requirements for specified members of the Florida
    7         Commission on Hurricane Loss Projection Methodology;
    8         amending s. 627.0629, F.S.; authorizing insurers to
    9         file with the Office of Insurance Regulation personal
   10         lines residential property insurance rating plans
   11         providing rate differentials based on certain
   12         windstorm mitigation construction standards; providing
   13         requirements for such plans; amending s. 627.0665,
   14         F.S.; revising the timeframe for notices from insurers
   15         to insureds of automatic bank withdrawal increases;
   16         specifying the increase threshold for such notices;
   17         amending s. 627.421, F.S.; revising the types of
   18         documents and kinds of insurance for which electronic
   19         transmission constitutes delivery to the insured or
   20         person entitled to delivery; deleting a requirement to
   21         include a certain notice to an insured electing to
   22         receive policy documents electronically; deleting a
   23         requirement to provide a paper copy of the policy upon
   24         request by such person; amending s. 627.701, F.S.;
   25         specifying limitations on personal lines residential
   26         property insurance deductibles on policies covering
   27         risks with specified dwelling limits; authorizing
   28         insurers to make an additional filing within a certain
   29         timeframe to implement changes; amending s. 627.712,
   30         F.S.; providing that a policyholder’s written
   31         exclusion from residential windstorm coverage or
   32         contents coverage may be typed rather than
   33         handwritten; amending s. 627.7276, F.S.; revising the
   34         requirements for the notice of limited coverage under
   35         certain automobile policies; providing an effective
   36         date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraph (j) of subsection (2) of section
   41  627.062, Florida Statutes, is amended to read:
   42         627.062 Rate standards.—
   43         (2) As to all such classes of insurance:
   44         (j) With respect to residential property insurance rate
   45  filings, the rate filing:
   46         1. Must account for mitigation measures undertaken by
   47  policyholders to reduce hurricane losses.
   48         2.May use a modeling indication that is the weighted or
   49  straight average of two or more hurricane loss projection models
   50  found by the Florida Commission on Hurricane Loss Projection
   51  Methodology to be accurate or reliable pursuant to s. 627.0628.
   52  
   53  The provisions of this subsection do not apply to workers’
   54  compensation, employer’s liability insurance, and motor vehicle
   55  insurance.
   56         Section 2. Paragraph (b) of subsection (2) of section
   57  627.0628, Florida Statutes, is amended to read:
   58         627.0628 Florida Commission on Hurricane Loss Projection
   59  Methodology; public records exemption; public meetings
   60  exemption.—
   61         (2) COMMISSION CREATED.—
   62         (b) The commission shall consist of the following 12
   63  members:
   64         1. The insurance consumer advocate.
   65         2. The senior employee of the State Board of Administration
   66  responsible for operations of the Florida Hurricane Catastrophe
   67  Fund.
   68         3. The Executive Director of the Citizens Property
   69  Insurance Corporation or the executive director’s designee. The
   70  executive director’s designee must be a full-time employee of
   71  the corporation.
   72         4. The Director of the Division of Emergency Management or
   73  the director’s designee. The director’s designee must be a full
   74  time employee of the division.
   75         5. The actuary member of the Florida Hurricane Catastrophe
   76  Fund Advisory Council.
   77         6. An employee of the office who is an actuary responsible
   78  for property insurance rate filings and who is appointed by the
   79  director of the office.
   80         7. Five members appointed by the Chief Financial Officer,
   81  as follows:
   82         a. An actuary who is employed full time by a property and
   83  casualty insurer that was responsible for at least 1 percent of
   84  the aggregate statewide direct written premium for homeowner
   85  insurance in the calendar year preceding the member’s
   86  appointment to the commission.
   87         b. An expert in insurance finance who is a full-time member
   88  of the faculty of the State University System and who has a
   89  background in actuarial science.
   90         c. An expert in statistics who is a full-time member of the
   91  faculty of the State University System and who has a background
   92  in insurance.
   93         d. An expert in computer system design who is a full-time
   94  member of the faculty of the State University System.
   95         e. An expert in meteorology who is a full-time member of
   96  the faculty of the State University System and who specializes
   97  in hurricanes.
   98         8. A licensed professional structural engineer who is a
   99  full-time faculty member in the State University System and who
  100  has expertise in wind mitigation techniques. This appointment
  101  shall be made by the Governor.
  102         Section 3. Subsection (9) is added to section 627.0629,
  103  Florida Statutes, to read:
  104         627.0629 Residential property insurance; rate filings.—
  105         (9)An insurer may file with the office a personal lines
  106  residential property insurance rating plan that provides
  107  justified premium discounts, credits, or other rate
  108  differentials based on windstorm mitigation construction
  109  standards developed by an independent, nonprofit scientific
  110  research organization, if such standards meet the requirements
  111  of this section. Such plan must describe the manner in which the
  112  insurer will document the existence of the mitigation features
  113  and premium discounts, credits, or other rate differentials
  114  created under such plan.
  115         Section 4. Section 627.0665, Florida Statutes, is amended
  116  to read:
  117         627.0665 Automatic bank withdrawal agreements; notification
  118  required.—Any insurer licensed to issue insurance in the state
  119  who has an automatic bank withdrawal agreement with an insured
  120  party for the payment of insurance premiums for any type of
  121  insurance shall give the named insured at least 10 15 days
  122  advance written notice of any increase in policy premiums which
  123  results in the next automatic bank withdrawal being increased by
  124  more than $10. Such notice must be provided before prior to any
  125  automatic bank withdrawal containing the of an increased
  126  premium.
  127         Section 5. Subsection (1) of section 627.421, Florida
  128  Statutes, is amended to read:
  129         627.421 Delivery of policy.—
  130         (1) Subject to the insurer’s requirement as to payment of
  131  premium, every policy shall be mailed, delivered, or
  132  electronically transmitted to the insured or to the person
  133  entitled thereto not later than 60 days after the effectuation
  134  of coverage. Notwithstanding any other provision of law, an
  135  insurer may allow a policyholder of personal lines insurance to
  136  affirmatively elect delivery of the policy documents, including,
  137  but not limited to, policies, endorsements, notices, or
  138  documents, by electronic means in lieu of delivery by mail.
  139  Electronic transmission of a policy, related notices, and other
  140  documents for individual and group health insurance policies or
  141  certificates of coverage pursuant to parts VI and VII of this
  142  chapter, respectively; health maintenance contracts or
  143  certificates of coverage pursuant to part I of chapter 641;
  144  prepaid limited health service contracts pursuant to part I of
  145  chapter 636; and for commercial risks, including, but not
  146  limited to, workers’ compensation and employers’ liability,
  147  commercial automobile liability, commercial automobile physical
  148  damage, commercial lines residential property, commercial
  149  nonresidential property, farmowners insurance, and the types of
  150  commercial lines risks set forth in s. 627.062(3)(d),
  151  constitutes delivery to the insured or to the person entitled to
  152  delivery, unless the insured or the person entitled to delivery
  153  communicates to the insurer in writing or electronically that he
  154  or she does not agree to delivery by electronic means.
  155  Electronic transmission shall include a notice to the insured or
  156  to the person entitled to delivery of a policy of his or her
  157  right to receive the policy via United States mail rather than
  158  via electronic transmission. A paper copy of the policy shall be
  159  provided to the insured or to the person entitled to delivery at
  160  his or her request.
  161         Section 6. Paragraphs (e) and (f) are added to subsection
  162  (3) of section 627.701, Florida Statutes, and paragraph (a) of
  163  that subsection is republished, to read:
  164         627.701 Liability of insureds; coinsurance; deductibles.—
  165         (3)(a) Except as otherwise provided in this subsection,
  166  prior to issuing a personal lines residential property insurance
  167  policy, the insurer must offer alternative deductible amounts
  168  applicable to hurricane losses equal to $500, 2 percent, 5
  169  percent, and 10 percent of the policy dwelling limits, unless
  170  the specific percentage deductible is less than $500. The
  171  written notice of the offer shall specify the hurricane
  172  deductible to be applied in the event that the applicant or
  173  policyholder fails to affirmatively choose a hurricane
  174  deductible. The insurer must provide such policyholder with
  175  notice of the availability of the deductible amounts specified
  176  in this subsection in a form approved by the office in
  177  conjunction with each renewal of the policy. The failure to
  178  provide such notice constitutes a violation of this code but
  179  does not affect the coverage provided under the policy.
  180         (e) Notwithstanding paragraph (a), an insurer may offer a
  181  deductible no greater than:
  182         1.Ten percent for a policy covering a risk with dwelling
  183  limits of at least $1 million, but less than $3 million.
  184         2.Fifteen percent for a policy covering a risk with
  185  dwelling limits greater than $3 million.
  186         (f)Notwithstanding s. 627.062(2)(k)3., between July 1,
  187  2023, and July 1, 2024, an insurer may make an additional filing
  188  to implement changes under paragraph (e).
  189         Section 7. Paragraph (a) of subsection (2) and subsection
  190  (3) of section 627.712, Florida Statutes, are amended to read:
  191         627.712 Residential windstorm coverage required;
  192  availability of exclusions for windstorm or contents.—
  193         (2) A property insurer must make available, at the option
  194  of the policyholder, an exclusion of windstorm coverage.
  195         (a) The coverage may be excluded only if:
  196         1. When the policyholder is a natural person, the
  197  policyholder personally writes or types and provides to the
  198  insurer the following statement in his or her own handwriting
  199  and signs his or her name, which must also be signed by every
  200  other named insured on the policy, and dated: “I do not want the
  201  insurance on my (home/mobile home/condominium unit) to pay for
  202  damage from windstorms. I will pay those costs. My insurance
  203  will not.”
  204         2. When the policyholder is other than a natural person,
  205  the policyholder provides to the insurer on the policyholder’s
  206  letterhead the following statement that must be signed by the
  207  policyholder’s authorized representative and dated: “...(Name of
  208  entity)... does not want the insurance on its ...(type of
  209  structure)... to pay for damage from windstorms. ...(Name of
  210  entity)... will be responsible for these costs. ...(Name of
  211  entity’s)... insurance will not.”
  212         (3) An insurer issuing a residential property insurance
  213  policy, except for a condominium unit owner policy or a tenant
  214  policy, must make available, at the option of the policyholder,
  215  an exclusion of coverage for the contents. The coverage may be
  216  excluded only if the policyholder personally writes or types and
  217  provides to the insurer the following statement in his or her
  218  own handwriting and signs his or her signature, which must also
  219  be signed by every other named insured on the policy, and dated:
  220  “I do not want the insurance on my (home/mobile home) to pay for
  221  the costs to repair or replace any contents that are damaged. I
  222  will pay those costs. My insurance will not.”
  223         Section 8. Section 627.7276, Florida Statutes, is amended
  224  to read:
  225         627.7276 Notice of limited coverage.—
  226         (1) An automobile policy that does not contain coverage for
  227  bodily injury and property damage must include a notice be
  228  clearly stamped or printed to the effect that such coverage is
  229  not included in the policy in the following manner:
  230  
  231         “THIS POLICY DOES NOT PROVIDE BODILY INJURY AND
  232         PROPERTY DAMAGE LIABILITY INSURANCE OR ANY OTHER
  233         COVERAGE FOR WHICH A SPECIFIC PREMIUM CHARGE IS NOT
  234         MADE, AND DOES NOT COMPLY WITH ANY FINANCIAL
  235         RESPONSIBILITY LAW.”
  236  
  237         (2) This notice legend must accompany appear on the policy
  238  declarations declaration page and on the filing back of the
  239  policy and must be printed in a contrasting color from that used
  240  on the policy and in type size at least as large as larger than
  241  the largest type size used on the declarations page in the text
  242  thereof, as an overprint or by a rubber stamp impression.
  243         Section 9. This act shall take effect July 1, 2023.