Florida Senate - 2023                             CS for SB 7052
       
       
        
       By the Committees on Fiscal Policy; and Banking and Insurance
       
       
       
       
       
       594-04106-23                                          20237052c1
    1                        A bill to be entitled                      
    2         An act relating to insurer accountability; amending s.
    3         624.307, F.S.; authorizing electronic responses to
    4         certain requests from the Division of Consumer
    5         Services of the Department of Financial Services
    6         concerning consumer complaints; revising the timeframe
    7         in which responses must be made; revising
    8         administrative penalties; amending s. 624.315, F.S.;
    9         requiring the Office of Insurance Regulation to
   10         annually and quarterly create and publish specified
   11         reports relating to the enforcement of insurer
   12         compliance; requiring the office to submit such
   13         reports to the Financial Services Commission and the
   14         Legislature by specified dates; amending s. 624.316,
   15         F.S.; requiring the office to create a specified
   16         methodology for scheduling examinations of insurers;
   17         specifying requirements for such methodology;
   18         providing construction; authorizing the commission to
   19         adopt rules; amending s. 624.3161, F.S.; revising
   20         requirements and conditions for certain insurer market
   21         conduct examinations after a hurricane; providing
   22         construction; requiring the office to create, and the
   23         commission to adopt by rule, a specified selection
   24         methodology for examinations; specifying requirements
   25         for such methodology; specifying rulemaking
   26         requirements; amending s. 624.4211, F.S.; revising
   27         administrative fines the office may impose in lieu of
   28         revocation or suspension; creating s. 624.4301, F.S.;
   29         specifying requirements for residential property
   30         insurers temporarily suspending writing new policies
   31         in notifying the office; authorizing the commission to
   32         adopt rules; creating s. 624.805, F.S.; specifying
   33         factors the office may consider in determining whether
   34         the continued operation of an insurer may be deemed to
   35         be hazardous to its policyholders or creditors or to
   36         the general public; specifying actions the office may
   37         take in determining an insurer’s financial condition;
   38         authorizing the office to issue an order requiring a
   39         hazardous insurer to take specified actions; providing
   40         construction; authorizing the office to issue
   41         immediate final orders; amending s. 624.81, F.S.;
   42         deleting certain rulemaking authority of the
   43         commission; creating s. 624.865, F.S.; authorizing the
   44         commission to adopt certain rules; amending s.
   45         628.8015, F.S.; conforming provisions to changes made
   46         by the act; amending s. 626.207, F.S.; revising a
   47         condition for disqualification of an insurance
   48         representative applicant or licensee; amending s.
   49         626.9521, F.S.; revising and specifying applicable
   50         fines for unfair methods of competition and unfair or
   51         deceptive acts or practices; amending s. 626.9541,
   52         F.S.; adding an unfair claim settlement practice by an
   53         insurer; prohibiting an officer or a director of an
   54         impaired insurer from receiving a bonus from such
   55         insurer or from certain holding companies or
   56         affiliates; defining the term “bonus”; providing a
   57         criminal penalty; amending s. 626.989, F.S.; revising
   58         a reporting requirement for the department’s Division
   59         of Investigative and Forensic Services; requiring the
   60         division to submit an annual performance report to the
   61         Legislature; specifying requirements for the report;
   62         amending s. 627.0629, F.S.; specifying requirements
   63         for residential property insurers in providing certain
   64         hurricane mitigation discount information to
   65         policyholders in a specified manner; specifying
   66         requirements for the office in reevaluating and
   67         updating certain fixtures and construction techniques;
   68         deleting obsolete dates; amending s. 627.351, F.S.;
   69         prohibiting Citizens Property Insurance Corporation
   70         from determining that a risk is ineligible for
   71         coverage solely on a specified basis; providing
   72         applicability; amending s. 627.410, F.S.; prohibiting
   73         the office from exempting specified insurers from form
   74         filing requirements for a specified period; providing
   75         construction; creating s. 627.4108, F.S.; specifying
   76         requirements for residential property insurers in
   77         creating and using claims-handling manuals;
   78         authorizing the office to request submission of such
   79         manuals; providing requirements for such submissions;
   80         requiring authorized insurers to annually submit a
   81         certified attestation to the office; authorizing the
   82         commission to adopt emergency rules; amending s.
   83         627.4133, F.S.; revising prohibitions on insurers
   84         against the cancellation or nonrenewal of property
   85         insurance policies; revising applicability; providing
   86         construction; defining the term “insurer”; amending s.
   87         627.426, F.S.; specifying duties of a liability
   88         insurer upon receiving actual notice of certain
   89         incidents or losses; defining the term “actual
   90         notice”; providing construction; specifying penalties;
   91         amending s. 627.701, F.S.; providing that if a roof
   92         deductible is applied under a personal lines
   93         residential property insurance policy, no other
   94         deductible under the policy may be applied to any
   95         other loss to the property caused by the same covered
   96         peril; amending s. 627.70132, F.S.; providing for the
   97         tolling of certain timeframes for filing notices of
   98         property insurance claims for servicemembers under
   99         specified circumstances; providing construction
  100         relating to chapter 2022-271, Laws of Florida;
  101         requiring residential property insurers and motor
  102         vehicle insurer rate filings to reflect certain
  103         projected savings and reductions in expenses;
  104         specifying requirements for the office in reviewing
  105         rate filings; authorizing the office to develop
  106         certain methodology and data and contract with a
  107         vendor for a certain purpose; providing applicability;
  108         providing appropriations; providing an effective date.
  109          
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Paragraph (b) of subsection (10) of section
  113  624.307, Florida Statutes, is amended to read:
  114         624.307 General powers; duties.—
  115         (10)
  116         (b) Any person licensed or issued a certificate of
  117  authority by the department or the office shall respond, in
  118  writing or electronically, to the division within 14 20 days
  119  after receipt of a written request for documents and information
  120  from the division concerning a consumer complaint. The response
  121  must address the issues and allegations raised in the complaint
  122  and include any requested documents concerning the consumer
  123  complaint not subject to attorney-client or work-product
  124  privilege. The division may impose an administrative penalty for
  125  failure to comply with this paragraph of up to $5,000 $2,500 per
  126  violation upon any entity licensed by the department or the
  127  office and $250 for the first violation, $500 for the second
  128  violation, and up to $1,000 per for the third or subsequent
  129  violation by upon any individual licensed by the department or
  130  the office.
  131         Section 2. Present subsection (4) of section 624.315,
  132  Florida Statutes, is redesignated as subsection (5), and a new
  133  subsection (4) is added to that section, to read:
  134         624.315 Annual reports; quarterly reports report.—
  135         (4)(a)The office shall create a report detailing all
  136  actions of the office to enforce insurer compliance with this
  137  code and all rules and orders of the office or department during
  138  the previous year. For each of the following, the report must
  139  detail the insurer or other licensee or registrant against whom
  140  such action was taken; whether the office found any violation of
  141  law or rule by such party, and, if so, detail such violation;
  142  and the resolution of such action, including any penalties
  143  imposed by the office. The report must be published on the
  144  website of the office and submitted to the commission, the
  145  President of the Senate, the Speaker of the House of
  146  Representatives, and the legislative committees with
  147  jurisdiction over matters of insurance on or before January 31
  148  of each year. The report must include, but need not be limited
  149  to:
  150         1.The revocation, denial, or suspension of any license or
  151  registration issued by the office.
  152         2. All actions taken pursuant to s. 624.310.
  153         3.Fines imposed by the office for violations of this code.
  154         4.Consent orders entered into by the office.
  155         5.Examinations and investigations conducted and completed
  156  by the office pursuant to ss. 624.316 and 624.3161.
  157         6.Investigations conducted and completed, by line of
  158  insurance, for which the office found violations of law or rule
  159  but did not take enforcement action.
  160         (b)Each quarter, the office shall create a report
  161  detailing all actions of the office to enforce insurer
  162  compliance during the previous quarter. The report must include,
  163  but not be limited to, the subjects that must be included in the
  164  annual report under paragraph (a). The report must be submitted
  165  to the commission, the President of the Senate, the Speaker of
  166  the House of Representatives, and the legislative committees
  167  with jurisdiction over matters of insurance. The report is due
  168  on or before April 30, July 31, October 31, and January 31,
  169  respectively, for the immediately preceding quarter. The report
  170  due January 31 may be included within the annual report required
  171  under paragraph (a).
  172         (c)The office need not include within any report required
  173  under this subsection information that would violate any
  174  confidentiality provision included within any agreement, order,
  175  or consent order entered into or promulgated by the office.
  176         Section 3. Subsections (3) and (4) are added to section
  177  624.316, Florida Statutes, to read:
  178         624.316 Examination of insurers.—
  179         (3) The office shall create, and the commission shall adopt
  180  by rule, a risk-based selection methodology for scheduling
  181  examinations of insurers subject to this section. This
  182  requirement does not restrict the authority of the office to
  183  conduct examinations under this section as often as it deems
  184  advisable. Such methodology must include all of the following:
  185         (a)Use of a risk-focused analysis to prioritize financial
  186  examinations of insurers when such reporting indicates a decline
  187  in the insurer’s financial condition.
  188         (b)Consideration of:
  189         1.Level of capitalization and identification of
  190  unfavorable trends;
  191         2.Negative trends in profitability or cash flow from
  192  operations;
  193         3.National Association of Insurance Commissioners
  194  Insurance Regulatory Information System ratio results;
  195         4.Risk-based capital and risk-based capital trend test
  196  results;
  197         5.The structure and complexity of the insurer;
  198         6.Changes in the insurer’s officers or board of directors;
  199         7.Changes in the insurer’s business strategy or
  200  operations;
  201         8.Findings and recommendations from an examination made
  202  pursuant to s. 624.316 or s. 624.3161;
  203         9. Current or pending regulatory actions by the office or
  204  the department;
  205         10.Information obtained from other regulatory agencies or
  206  independent organization ratings and reports; and
  207         11.The impact of an insurer’s insolvency on policyholders
  208  of the insurer and the public generally.
  209         (c)Prioritization of property insurers for which the
  210  office identifies significant concerns about an insurer’s
  211  solvency pursuant to s. 627.7154.
  212         (d)Any other matters the office deems necessary to
  213  consider for the protection of the public.
  214         (4)To facilitate the development of the methodology for
  215  scheduling examinations pursuant to this section, the commission
  216  may adopt by rule the National Association of Insurance
  217  Commissioners Financial Analysis Handbook, to the extent that
  218  the handbook is consistent with and does not negate the
  219  requirements of this section.
  220         Section 4. Subsection (7) of section 624.3161, Florida
  221  Statutes, is amended, and subsection (8) is added to that
  222  section, to read:
  223         624.3161 Market conduct examinations.—
  224         (7) Notwithstanding subsection (1), any authorized insurer
  225  transacting residential property insurance business in this
  226  state:
  227         (a) May be subject to an additional market conduct
  228  examination after a hurricane if, at any time more than 90 days
  229  after the end of the hurricane, the insurer:
  230         (a) is among the top 20 percent of insurers based upon a
  231  calculation of the ratio of hurricane-related property insurance
  232  claims filed to the number of property insurance policies in
  233  force;
  234         (b) Must be subject to a market conduct examination after a
  235  hurricane if, at any time more than 90 days after the end of the
  236  hurricane, the insurer:
  237         1. Is among the top 20 percent of insurers based upon a
  238  calculation of the ratio of hurricane claim-related consumer
  239  complaints made about that insurer to the department to the
  240  insurer’s total number of hurricane-related claims;
  241         2.Is among the top 20 percent of insurers based upon a
  242  calculation of the ratio of hurricane claims closed without
  243  payment to the insurer’s total number of hurricane claims;
  244         3.(c) Has made significant payments to its managing general
  245  agent since the hurricane; or
  246         4.(d) Is identified by the office as necessitating a market
  247  conduct exam for any other reason.
  248  
  249  All relevant criteria under this section and s. 624.316 shall be
  250  applied to the market conduct examination under this subsection.
  251  Such an examination must be initiated within 18 months after the
  252  landfall of a hurricane that results in an executive order or a
  253  state of emergency issued by the Governor. The requirements of
  254  this subsection do not limit the authority of the office to
  255  conduct at any time a market conduct examination of a property
  256  insurer in the aftermath of a hurricane. This subsection does
  257  not require the office to conduct multiple market conduct
  258  examinations of the same insurer when multiple hurricanes make
  259  landfall in this state in a single calendar year. An examination
  260  of an insurer under this subsection must also include an
  261  examination of its managing general agent as if it were the
  262  insurer.
  263         (8) The office shall create, and the commission shall adopt
  264  by rule, a selection methodology for scheduling and conducting
  265  market conduct examinations of insurers and other entities
  266  regulated by the office. This requirement does not restrict the
  267  authority of the office to conduct market conduct examinations
  268  as often as it deems necessary. Such selection methodology must
  269  prioritize market conduct examinations of insurers and other
  270  entities regulated by the office to whom any of the following
  271  conditions applies:
  272         (a)An insurance regulator in another state has initiated
  273  or taken regulatory action against the insurer or entity
  274  regarding an act or omission of such insurer which, if committed
  275  in this state, would constitute a violation of the laws of this
  276  state or any rule or order of the office or department.
  277         (b)Given the insurer’s market share in this state, the
  278  department or the office has received a disproportionate number
  279  of the following types of claims-handling complaints against the
  280  insurer:
  281         1.Failure to timely communicate with respect to claims;
  282         2.Failure to timely pay claims;
  283         3.Untimely payments giving rise to the payment of
  284  statutory interest;
  285         4.Failure to adjust and pay claims in accordance with the
  286  terms and conditions of the policy or contract and in compliance
  287  with state law;
  288         5.Violations of part IX of chapter 626, the Unfair
  289  Insurance Trade Practices Act;
  290         6.Failure to use licensed and duly appointed claims
  291  adjusters;
  292         7.Failure to maintain reasonable claims records; or
  293         8.Failure to adhere to the company’s claims-handling
  294  manual.
  295         (c)The results of a National Association of Insurance
  296  Commissioners Market Conduct Annual Statement indicate that the
  297  insurer is a negative outlier with regard to particular metrics.
  298         (d)There is evidence that the insurer is violating or has
  299  violated the Unfair Insurance Trade Practices Act.
  300         (e)The insurer meets the criteria in subsection (7).
  301         (f)Any other conditions the office deems necessary for the
  302  protection of the public.
  303  
  304  The office shall present the proposed rule required by this
  305  subsection to the commission no later than October 1, 2023. In
  306  addition to the methodology required by this subsection, the
  307  rule must provide criteria for how the office, in coordination
  308  with the department, will determine what constitutes a
  309  disproportionate number of claims-handling complaints described
  310  in paragraph (b).
  311         Section 5. Section 624.4211, Florida Statutes, is amended
  312  to read:
  313         624.4211 Administrative fine in lieu of suspension or
  314  revocation.—
  315         (1) If the office finds that one or more grounds exist for
  316  the discretionary revocation or suspension of a certificate of
  317  authority issued under this chapter, the office may, in lieu of
  318  such revocation or suspension, impose a fine upon the insurer.
  319         (2)(a) With respect to a any nonwillful violation, such
  320  fine may not exceed:
  321         1.Twenty-five thousand dollars per violation, up to an
  322  aggregate amount of $100,000 for all nonwillful violations
  323  arising out of the same action, related to a covered loss or
  324  claim caused by an emergency for which the Governor declared a
  325  state of emergency pursuant to s. 252.36.
  326         2.Twelve thousand five hundred dollars $5,000 per
  327  violation, up to. In no event shall such fine exceed an
  328  aggregate amount of $50,000 $20,000 for all other nonwillful
  329  violations arising out of the same action.
  330         (b) If an insurer discovers a nonwillful violation, the
  331  insurer shall correct the violation and, if restitution is due,
  332  make restitution to all affected persons. Such restitution shall
  333  include interest at 12 percent per year from either the date of
  334  the violation or the date of inception of the affected person’s
  335  policy, at the insurer’s option. The restitution may be a credit
  336  against future premiums due, provided that interest accumulates
  337  until the premiums are due. If the amount of restitution due to
  338  any person is $50 or more and the insurer wishes to credit it
  339  against future premiums, it shall notify such person that she or
  340  he may receive a check instead of a credit. If the credit is on
  341  a policy that is not renewed, the insurer shall pay the
  342  restitution to the person to whom it is due.
  343         (3)(a) With respect to a any knowing and willful violation
  344  of a lawful order or rule of the office or commission or a
  345  provision of this code, the office may impose a fine upon the
  346  insurer in an amount not to exceed:
  347         1.Two hundred thousand dollars for each such violation, up
  348  to an aggregate amount of $1 million for all knowing and willful
  349  violations arising out of the same action, related to a covered
  350  loss or claim caused by an emergency for which the Governor
  351  declared a state of emergency pursuant to s. 252.36.
  352         2.One hundred thousand dollars $40,000 for each such
  353  violation, up to. In no event shall such fine exceed an
  354  aggregate amount of $500,000 $200,000 for all other knowing and
  355  willful violations arising out of the same action.
  356         (b) In addition to such fines, the insurer shall make
  357  restitution when due in accordance with subsection (2).
  358         (4) The failure of an insurer to make restitution when due
  359  as required under this section constitutes a willful violation
  360  of this code. However, if an insurer in good faith is uncertain
  361  as to whether any restitution is due or as to the amount of such
  362  restitution, it shall promptly notify the office of the
  363  circumstances; and the failure to make restitution pending a
  364  determination thereof shall not constitute a violation of this
  365  code.
  366         Section 6. Section 624.4301, Florida Statutes, is created
  367  to read:
  368         624.4301 Notice of temporary discontinuance of writing new
  369  residential property insurance policies.—
  370         (1)Any authorized insurer, before temporarily suspending
  371  writing new residential property insurance policies in this
  372  state, must give notice to the office of the insurer’s reasons
  373  for such action, the effective dates of the temporary
  374  suspension, and the proposed communication to its agents. Such
  375  notice must be provided on a form approved by the office and
  376  adopted by the commission. The insurer shall submit such notice
  377  to the office the earlier of 20 business days before the
  378  effective date of the temporary suspension of writing or 5
  379  business days before notifying its agents of the temporary
  380  suspension of writing. The insurer must provide any other
  381  information requested by the office related to the insurer’s
  382  temporary suspension of writing. The requirements of this
  383  section do not apply to a temporary suspension of writing new
  384  business made in response to a hurricane that may make landfall
  385  in this state if such temporary suspension ceases within 72
  386  hours after hurricane conditions are no longer present in this
  387  state.
  388         (2)The commission may adopt rules to administer this
  389  section.
  390         Section 7. Section 624.805, Florida Statutes, is created to
  391  read:
  392         624.805 Hazardous insurer standards; office’s evaluation
  393  and enforcement authority; immediate final order.—
  394         (1)In determining whether the continued operation of any
  395  insurer transacting business in this state may be deemed to be
  396  hazardous to its policyholders or creditors or to the general
  397  public, the office may consider, in the totality of the
  398  circumstances of such insurer, any of the following:
  399         (a)Adverse findings reported in financial condition or
  400  market conduct examination reports, audit reports, or actuarial
  401  opinions, reports, or summaries.
  402         (b)The National Association of Insurance Commissioners
  403  Insurance Regulatory Information System and its other financial
  404  analysis solvency tools and reports.
  405         (c)Whether the insurer has made adequate provisions,
  406  according to presently accepted actuarial standards of practice,
  407  for the anticipated cash flows required to cover its contractual
  408  obligations and related expenses.
  409         (d)The ability of an assuming reinsurer to perform and
  410  whether the insurer’s reinsurance program provides sufficient
  411  protection for the insurer’s remaining surplus after taking into
  412  account the insurer’s cash flow and the classes of business
  413  written, as well as the financial condition of the assuming
  414  reinsurer.
  415         (e)Whether the insurer’s operating loss in the last 12
  416  month period, including, but not limited to, net capital gain or
  417  loss, change in nonadmitted assets, and cash dividends paid to
  418  shareholders is greater than 50 percent of the insurer’s
  419  remaining surplus as regards policyholders in excess of the
  420  minimum required.
  421         (f)Whether the insurer’s operating loss in the last 12
  422  month period, excluding net capital gains, is greater than 20
  423  percent of the insurer’s remaining surplus as regards
  424  policyholders in excess of the minimum required.
  425         (g)Whether a reinsurer, an obligor, or any entity within
  426  the insurer’s insurance holding company system is insolvent,
  427  threatened with insolvency, or delinquent in payment of its
  428  monetary or other obligations, and which in the opinion of the
  429  office may affect the solvency of the insurer.
  430         (h)Contingent liabilities, pledges, or guaranties that
  431  individually or collectively involve a total amount that in the
  432  opinion of the office may affect the solvency of the insurer.
  433         (i)Whether any affiliate, as defined in s. 624.10(1), of
  434  the insurer is delinquent in the transmitting to, or payment of,
  435  net premiums to the insurer.
  436         (j)The age and collectability of receivables.
  437         (k)Whether the management of the insurer, including
  438  officers, directors, or any other person who directly or
  439  indirectly controls the operation of the insurer, fails to
  440  possess and demonstrate the competence, fitness, and reputation
  441  deemed necessary to serve the insurer in such position.
  442         (l)Whether management of the insurer has failed to respond
  443  to inquiries relative to the condition of the insurer or has
  444  furnished false or misleading information to the office
  445  concerning an inquiry.
  446         (m)Whether the insurer has failed to meet financial and
  447  holding company filing requirements in the absence of a reason
  448  satisfactory to the office.
  449         (n)Whether management of the insurer has filed any false
  450  or misleading sworn financial statement, has released a false or
  451  misleading financial statement to lending institutions or to the
  452  general public, has made a false or misleading entry, or has
  453  omitted an entry of material amount in the books of the insurer.
  454         (o)Whether the insurer has grown so rapidly and to such an
  455  extent that it lacks adequate financial and administrative
  456  capacity to meet its obligations in a timely manner.
  457         (p)Whether the insurer has experienced, or will experience
  458  in the foreseeable future, cash flow or liquidity problems.
  459         (q)Whether management has established reserves that do not
  460  comply with minimum standards established by state insurance
  461  laws and regulations, statutory accounting standards, sound
  462  actuarial principles, and standards of practice.
  463         (r)Whether management persistently engages in material
  464  under-reserving that results in adverse development.
  465         (s)Whether transactions among affiliates, subsidiaries, or
  466  controlling persons for which the insurer receives assets or
  467  capital gains, or both, do not provide sufficient value,
  468  liquidity, or diversity to assure the insurer’s ability to meet
  469  its outstanding obligations as they mature.
  470         (t)The ratio of the annual premium volume to surplus or of
  471  its liabilities to surplus in relation to loss experience, the
  472  kinds of risks insured, or both.
  473         (u)Whether the insurer’s asset portfolio, when viewed in
  474  light of current economic conditions and indications of
  475  financial or operational leverage, is of sufficient value,
  476  liquidity, or diversity to assure the company’s ability to meet
  477  its outstanding obligations as they mature.
  478         (v)Whether the excess of surplus as regards policyholders
  479  above the insurer’s statutorily required surplus as regards
  480  policyholders has decreased by more than 50 percent in the
  481  preceding 12-month period.
  482         (w)As to a residential property insurer, whether it has
  483  sufficient capital, surplus, and reinsurance to withstand
  484  significant weather events, including, but not limited to,
  485  hurricanes.
  486         (x) Whether the insurer’s required surplus, capital, or
  487  capital stock is impaired to an extent prohibited by law.
  488         (y) Whether the insurer continues to write new business
  489  when it has not maintained the required surplus or capital.
  490         (z) Whether the insurer moves to dissolve or liquidate
  491  without first having made provisions satisfactory to the office
  492  for liabilities arising from insurance policies issued by the
  493  insurer.
  494         (aa)Whether the insurer has incurred substantial new debt,
  495  has had to rely on frequent or substantial capital infusions,
  496  has a highly leveraged balance sheet, or relies increasingly on
  497  other entities, including, but not limited to, affiliates,
  498  third-party administrators, managing general agents, or
  499  management companies.
  500         (bb) Whether the insurer meets one or more of the grounds
  501  in s. 631.051 for the appointment of the department as receiver.
  502         (cc)Any other finding determined by the office to be
  503  hazardous to the insurer’s policyholders or creditors or to the
  504  general public.
  505         (2)For the purposes of making a determination of an
  506  insurer’s financial condition under the Florida Insurance Code,
  507  the office may:
  508         (a)Disregard any credit or amount receivable resulting
  509  from transactions with a reinsurer that is insolvent, impaired,
  510  or otherwise subject to a delinquency proceeding;
  511         (b)Make appropriate adjustments, including disallowance to
  512  asset values attributable to investments in or transactions with
  513  parents, subsidiaries, or affiliates, consistent with the
  514  National Association of Insurance Commissioners Accounting
  515  Practices and Procedures Manual and state laws and rules;
  516         (c)Refuse to recognize the stated value of accounts
  517  receivable if the ability to collect receivables is highly
  518  speculative in view of the age of the account or the financial
  519  condition of the debtor; or
  520         (d)Increase the insurer’s liability, in an amount equal to
  521  any contingent liability, pledge, or guarantee not otherwise
  522  included, if there is a substantial risk that the insurer will
  523  be called upon to meet the obligation undertaken within the next
  524  12-month period.
  525         (3)If the office determines that the continued operations
  526  of an insurer authorized to transact business in this state may
  527  be hazardous to its policyholders or creditors or to the general
  528  public, the office may issue an order requiring the insurer to
  529  do any of the following:
  530         (a)Reduce the total amount of present and potential
  531  liability for policy benefits by procuring additional
  532  reinsurance.
  533         (b)Reduce, suspend, or limit the volume of business being
  534  accepted or renewed.
  535         (c)Reduce general insurance and commission expenses by
  536  specified methods or amounts.
  537         (d)Increase the insurer’s capital and surplus.
  538         (e)Suspend or limit the declaration and payment of
  539  dividends by an insurer to its stockholders or to its
  540  policyholders.
  541         (f)File reports in a form acceptable to the office
  542  concerning the market value of the insurer’s assets.
  543         (g)Limit or withdraw from certain investments or
  544  discontinue certain investment practices to the extent the
  545  office deems necessary.
  546         (h)Document the adequacy of premium rates in relation to
  547  the risks insured.
  548         (i)File, in addition to regular annual statements, interim
  549  financial reports on a form prescribed by the commission and
  550  adopted by the National Association of Insurance Commissioners.
  551         (j)Correct corporate governance practice deficiencies and
  552  adopt and use governance practices acceptable to the office.
  553         (k)Provide a business plan to the office in order to
  554  continue to transact business in this state.
  555         (l)Notwithstanding any other law limiting the frequency or
  556  amount of rate adjustments, adjust rates for any non-life
  557  insurance product written by the insurer which the office
  558  considers necessary to improve the financial condition of the
  559  insurer.
  560         (4)This section may not be interpreted to limit the powers
  561  granted to the office by any laws of this state, nor may it be
  562  interpreted to supersede any laws of this state.
  563         (5)The office may, pursuant to ss. 120.569 and 120.57, in
  564  its discretion and without advance notice or hearing, issue an
  565  immediate final order to any insurer requiring the actions
  566  listed in subsection (3).
  567         Section 8. Subsection (11) of section 624.81, Florida
  568  Statutes, is amended to read:
  569         624.81 Notice to comply with written requirements of
  570  office; noncompliance.—
  571         (11) The commission may adopt rules to define standards of
  572  hazardous financial condition and corrective action
  573  substantially similar to that indicated in the National
  574  Association of Insurance Commissioners’ 1997 “Model Regulation
  575  to Define Standards and Commissioner’s Authority for Companies
  576  Deemed to be in Hazardous Financial Condition,” which are
  577  necessary to implement the provisions of this part.
  578         Section 9. Section 624.865, Florida Statutes, is created to
  579  read:
  580         624.865 Rulemaking.—The commission may adopt rules to
  581  administer ss. 624.80-624.87. Such rules must protect the
  582  interests of insureds, claimants, insurers, and the public.
  583         Section 10. Paragraph (d) of subsection (2) and paragraph
  584  (b) of subsection (3) of section 628.8015, Florida Statutes, are
  585  amended to read:
  586         628.8015 Own-risk and solvency assessment; corporate
  587  governance annual disclosure.—
  588         (2) OWN-RISK AND SOLVENCY ASSESSMENT.—
  589         (d) Exemption.—
  590         1. An insurer is exempt from the requirements of this
  591  subsection if:
  592         a. The insurer has annual direct written and unaffiliated
  593  assumed premium, including international direct and assumed
  594  premium, but excluding premiums reinsured with the Federal Crop
  595  Insurance Corporation and the National Flood Insurance Program,
  596  of less than $500 million; or
  597         b. The insurer is a member of an insurance group and the
  598  insurance group has annual direct written and unaffiliated
  599  assumed premium, including international direct and assumed
  600  premium, but excluding premiums reinsured with the Federal Crop
  601  Insurance Corporation and the National Flood Insurance Program,
  602  of less than $1 billion.
  603         2. If an insurer is:
  604         a. Exempt under sub-subparagraph 1.a., but the insurance
  605  group of which the insurer is a member is not exempt under sub
  606  subparagraph 1.b., the ORSA summary report must include every
  607  insurer within the insurance group. The insurer may satisfy this
  608  requirement by submitting more than one ORSA summary report for
  609  any combination of insurers if any combination of reports
  610  includes every insurer within the insurance group.
  611         b. Not exempt under sub-subparagraph 1.a., but the
  612  insurance group of which it is a member is exempt under sub
  613  subparagraph 1.b., the insurer must submit to the office the
  614  ORSA summary report applicable only to that insurer.
  615         3. The office may require an exempt insurer to maintain a
  616  risk management framework, conduct an ORSA, and file an ORSA
  617  summary report:
  618         a. Based on unique circumstances, including, but not
  619  limited to, the type and volume of business written, ownership
  620  and organizational structure, federal agency requests, and
  621  international supervisor requests;
  622         b. If the insurer has risk-based capital for a company
  623  action level event pursuant to s. 624.4085(3), meets one or more
  624  of the standards of an insurer deemed to be in hazardous
  625  financial condition under s. 624.805 as defined in rules adopted
  626  by the commission pursuant to s. 624.81(11), or exhibits
  627  qualities of an insurer in hazardous financial condition as
  628  determined by the office; or
  629         c. If the office determines it is in the best interest of
  630  the state.
  631         4. If an exempt insurer becomes disqualified for an
  632  exemption because of changes in premium as reported on the most
  633  recent annual statement of the insurer or annual statements of
  634  the insurers within the insurance group of which the insurer is
  635  a member, the insurer must comply with the requirements of this
  636  section effective 1 year after the year in which the insurer
  637  exceeded the premium thresholds.
  638         (3) CORPORATE GOVERNANCE ANNUAL DISCLOSURE.—
  639         (b) Disclosure requirement.—
  640         1.a. An insurer, or insurer member of an insurance group,
  641  of which the office is the lead state regulator, as determined
  642  by the procedures in the most recent National Association of
  643  Insurance Commissioners Financial Analysis Handbook, shall
  644  submit a corporate governance annual disclosure to the office by
  645  June 1 of each calendar year. The initial corporate governance
  646  annual disclosure must be submitted by December 31, 2018.
  647         b. An insurer or insurance group not required to submit a
  648  corporate governance annual disclosure under sub-subparagraph a.
  649  shall do so at the request of the office, but not more than once
  650  per calendar year. The insurer or insurance group shall notify
  651  the office of the proposed submission date within 30 days after
  652  the request of the office.
  653         c. Before December 31, 2018, the office may require an
  654  insurer or insurance group to provide a corporate governance
  655  annual disclosure:
  656         (I) Based on unique circumstances, including, but not
  657  limited to, the type and volume of business written, the
  658  ownership and organizational structure, federal agency requests,
  659  and international supervisor requests;
  660         (II) If the insurer has risk-based capital for a company
  661  action level event pursuant to s. 624.4085(3), meets one or more
  662  of the standards of an insurer deemed to be in hazardous
  663  financial condition under s. 624.805 as defined in rules adopted
  664  pursuant to s. 624.81(11), or exhibits qualities of an insurer
  665  in hazardous financial condition as determined by the office;
  666         (III) If the insurer is the member of an insurer group of
  667  which the office acts as the lead state regulator as determined
  668  by the procedures in the most recent National Association of
  669  Insurance Commissioners Financial Analysis Handbook; or
  670         (IV) If the office determines that it is in the best
  671  interest of the state.
  672         2. The chief executive officer or corporate secretary of
  673  the insurer or the insurance group must sign the corporate
  674  governance annual disclosure attesting that, to the best of his
  675  or her knowledge and belief, the insurer has implemented the
  676  corporate governance practices and provided a copy of the
  677  disclosure to the board of directors or the appropriate board
  678  committee.
  679         3.a. Depending on the structure of its system of corporate
  680  governance, the insurer or insurance group may provide corporate
  681  governance information at one of the following levels:
  682         (I) The ultimate controlling parent level;
  683         (II) An intermediate holding company level; or
  684         (III) The individual legal entity level.
  685         b. The insurer or insurance group may make the corporate
  686  governance annual disclosure at:
  687         (I) The level used to determine the risk appetite of the
  688  insurer or insurance group;
  689         (II) The level at which the earnings, capital, liquidity,
  690  operations, and reputation of the insurer are collectively
  691  overseen and the supervision of those factors is coordinated and
  692  exercised; or
  693         (III) The level at which legal liability for failure of
  694  general corporate governance duties would be placed.
  695  
  696  An insurer or insurance group must indicate the level of
  697  reporting used and explain any subsequent changes in the
  698  reporting level.
  699         4. The review of the corporate governance annual disclosure
  700  and any additional requests for information shall be made
  701  through the lead state as determined by the procedures in the
  702  most recent National Association of Insurance Commissioners
  703  Financial Analysis Handbook.
  704         5. An insurer or insurance group may comply with this
  705  paragraph by cross-referencing other existing relevant and
  706  applicable documents, including, but not limited to, the ORSA
  707  summary report, Holding Company Form B or F filings, Securities
  708  and Exchange Commission proxy statements, or foreign regulatory
  709  reporting requirements, if the documents contain information
  710  substantially similar to the information described in paragraph
  711  (c). The insurer or insurance group shall clearly identify and
  712  reference the specific location of the relevant and applicable
  713  information within the corporate governance annual disclosure
  714  and attach the referenced document if it has not already been
  715  filed with, or made available to, the office.
  716         6. Each year following the initial filing of the corporate
  717  governance annual disclosure, the insurer or insurance group
  718  shall file an amended version of the previously filed corporate
  719  governance annual disclosure indicating changes that have been
  720  made. If changes have not been made in the previously filed
  721  disclosure, the insurer or insurance group should so indicate.
  722         Section 11. Paragraph (c) of subsection (3) of section
  723  626.207, Florida Statutes, is amended to read:
  724         626.207 Disqualification of applicants and licensees;
  725  penalties against licensees; rulemaking authority.—
  726         (3) An applicant who has been found guilty of or has
  727  pleaded guilty or nolo contendere to a crime not included in
  728  subsection (2), regardless of adjudication, is subject to:
  729         (c) A 7-year disqualifying period for all misdemeanors
  730  directly related to the financial services business or any
  731  violation of the Florida Insurance Code.
  732         Section 12. Subsections (2) and (3) of section 626.9521,
  733  Florida Statutes, are amended to read:
  734         626.9521 Unfair methods of competition and unfair or
  735  deceptive acts or practices prohibited; penalties.—
  736         (2) Except as provided in subsection (3), any person who
  737  violates any provision of this part is subject to a fine in an
  738  amount not greater than $12,500 $5,000 for each nonwillful
  739  violation and not greater than $100,000 $40,000 for each willful
  740  violation. Fines under this subsection imposed against an
  741  insurer may not exceed an aggregate amount of $50,000 $20,000
  742  for all nonwillful violations arising out of the same action or
  743  an aggregate amount of $500,000 $200,000 for all willful
  744  violations arising out of the same action. The fines may be
  745  imposed in addition to any other applicable penalty.
  746         (3)(a) If a person violates s. 626.9541(1)(l), the offense
  747  known as “twisting,” or violates s. 626.9541(1)(aa), the offense
  748  known as “churning,” the person commits a misdemeanor of the
  749  first degree, punishable as provided in s. 775.082, and an
  750  administrative fine not greater than $12,500 $5,000 shall be
  751  imposed for each nonwillful violation or an administrative fine
  752  not greater than $187,500 $75,000 shall be imposed for each
  753  willful violation. To impose an administrative fine for a
  754  willful violation under this paragraph, the practice of
  755  “churning” or “twisting” must involve fraudulent conduct.
  756         (b) If a person violates s. 626.9541(1)(ee) by willfully
  757  submitting fraudulent signatures on an application or policy
  758  related document, the person commits a felony of the third
  759  degree, punishable as provided in s. 775.082, and an
  760  administrative fine not greater than $12,500 $5,000 shall be
  761  imposed for each nonwillful violation or an administrative fine
  762  not greater than $187,500 $75,000 shall be imposed for each
  763  willful violation.
  764         (c) If a person violates any provision of this part and
  765  such violation is related to a covered loss or covered claim
  766  caused by an emergency for which the Governor declared a state
  767  of emergency pursuant to s. 252.36, such person is subject to a
  768  fine in an amount not greater than $25,000 for each nonwillful
  769  violation and not greater than $200,000 for each willful
  770  violation. Fines imposed under this paragraph against an insurer
  771  may not exceed an aggregate amount of $100,000 for all
  772  nonwillful violations arising out of the same action or an
  773  aggregate amount of $1 million for all willful violations
  774  arising out of the same action.
  775         (d) Administrative fines under paragraphs (a) and (b) this
  776  subsection may not exceed an aggregate amount of $125,000
  777  $50,000 for all nonwillful violations arising out of the same
  778  action or an aggregate amount of $625,000 $250,000 for all
  779  willful violations arising out of the same action.
  780         Section 13. Paragraphs (i) and (w) of subsection (1) of
  781  section 626.9541, Florida Statutes, are amended to read:
  782         626.9541 Unfair methods of competition and unfair or
  783  deceptive acts or practices defined.—
  784         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  785  ACTS.—The following are defined as unfair methods of competition
  786  and unfair or deceptive acts or practices:
  787         (i) Unfair claim settlement practices.—
  788         1. Attempting to settle claims on the basis of an
  789  application, when serving as a binder or intended to become a
  790  part of the policy, or any other material document which was
  791  altered without notice to, or knowledge or consent of, the
  792  insured;
  793         2. A material misrepresentation made to an insured or any
  794  other person having an interest in the proceeds payable under
  795  such contract or policy, for the purpose and with the intent of
  796  effecting settlement of such claims, loss, or damage under such
  797  contract or policy on less favorable terms than those provided
  798  in, and contemplated by, such contract or policy;
  799         3. Committing or performing with such frequency as to
  800  indicate a general business practice any of the following:
  801         a. Failing to adopt and implement standards for the proper
  802  investigation of claims;
  803         b. Misrepresenting pertinent facts or insurance policy
  804  provisions relating to coverages at issue;
  805         c. Failing to acknowledge and act promptly upon
  806  communications with respect to claims;
  807         d. Denying claims without conducting reasonable
  808  investigations based upon available information;
  809         e. Failing to affirm or deny full or partial coverage of
  810  claims, and, as to partial coverage, the dollar amount or extent
  811  of coverage, or failing to provide a written statement that the
  812  claim is being investigated, upon the written request of the
  813  insured within 30 days after proof-of-loss statements have been
  814  completed;
  815         f. Failing to promptly provide a reasonable explanation in
  816  writing to the insured of the basis in the insurance policy, in
  817  relation to the facts or applicable law, for denial of a claim
  818  or for the offer of a compromise settlement;
  819         g. Failing to promptly notify the insured of any additional
  820  information necessary for the processing of a claim;
  821         h. Failing to clearly explain the nature of the requested
  822  information and the reasons why such information is necessary;
  823  or
  824         i. Failing to pay personal injury protection insurance
  825  claims within the time periods required by s. 627.736(4)(b). The
  826  office may order the insurer to pay restitution to a
  827  policyholder, medical provider, or other claimant, including
  828  interest at a rate consistent with the amount set forth in s.
  829  55.03(1), for the time period within which an insurer fails to
  830  pay claims as required by law. Restitution is in addition to any
  831  other penalties allowed by law, including, but not limited to,
  832  the suspension of the insurer’s certificate of authority; or
  833         j.Altering or amending an insurance adjuster’s report
  834  without:
  835         (I)Providing a detailed explanation as to why any change
  836  that has the effect of reducing the estimate of the loss was
  837  made; and
  838         (II)Including on the report or as an addendum to the
  839  report a detailed list of all changes made to the report and the
  840  identity of the person who ordered each change; or
  841         (III)Retaining all versions of the report, and including
  842  within each such version, for each change made within such
  843  version of the report, the identity of each person who made or
  844  ordered such change; or
  845         4. Failing to pay undisputed amounts of partial or full
  846  benefits owed under first-party property insurance policies
  847  within 60 days after an insurer receives notice of a residential
  848  property insurance claim, determines the amounts of partial or
  849  full benefits, and agrees to coverage, unless payment of the
  850  undisputed benefits is prevented by factors beyond the control
  851  of the insurer as defined in s. 627.70131(5).
  852         (w) Soliciting or accepting new or renewal insurance risks
  853  by insolvent or impaired insurer or receipt of certain bonuses
  854  by an officer or director of an insolvent insurer prohibited;
  855  penalty.—
  856         1. Whether or not delinquency proceedings as to the insurer
  857  have been or are to be initiated, but while such insolvency or
  858  impairment exists, no director or officer of an insurer, except
  859  with the written permission of the office, shall authorize or
  860  permit the insurer to solicit or accept new or renewal insurance
  861  risks in this state after such director or officer knew, or
  862  reasonably should have known, that the insurer was insolvent or
  863  impaired.
  864         2.Regardless of whether delinquency proceedings as to the
  865  insurer have been or are to be initiated, but while such
  866  insolvency or impairment exists, a director or an officer of an
  867  impaired insurer may not receive a bonus from such insurer, nor
  868  may such director or officer receive a bonus from a holding
  869  company or an affiliate that shares common ownership or control
  870  with such insurer.
  871         3.As used in this paragraph, the term:
  872         a.“Bonus” means a payment, in addition to an officer’s or
  873  a director’s usual compensation, which is in addition to any
  874  amounts contracted for or otherwise legally due.
  875         b. “Impaired” includes impairment of capital or surplus, as
  876  defined in s. 631.011(12) and (13).
  877         4.2. Any such director or officer, upon conviction of a
  878  violation of this paragraph, commits is guilty of a felony of
  879  the third degree, punishable as provided in s. 775.082, s.
  880  775.083, or s. 775.084.
  881         Section 14. Subsection (6) of section 626.989, Florida
  882  Statutes, is amended, and subsection (10) is added to that
  883  section, to read:
  884         626.989 Investigation by department or Division of
  885  Investigative and Forensic Services; compliance; immunity;
  886  confidential information; reports to division; division
  887  investigator’s power of arrest.—
  888         (6)(a) Any person, other than an insurer, agent, or other
  889  person licensed under the code, or an employee thereof, having
  890  knowledge or who believes that a fraudulent insurance act or any
  891  other act or practice which, upon conviction, constitutes a
  892  felony or a misdemeanor under the code, or under s. 817.234, is
  893  being or has been committed may send to the Division of
  894  Investigative and Forensic Services a report or information
  895  pertinent to such knowledge or belief and such additional
  896  information relative thereto as the department may request. Any
  897  professional practitioner licensed or regulated by the
  898  Department of Business and Professional Regulation, except as
  899  otherwise provided by law, any medical review committee as
  900  defined in s. 766.101, any private medical review committee, and
  901  any insurer, agent, or other person licensed under the code, or
  902  an employee thereof, having knowledge or who believes that a
  903  fraudulent insurance act or any other act or practice which,
  904  upon conviction, constitutes a felony or a misdemeanor under the
  905  code, or under s. 817.234, is being or has been committed shall
  906  send to the Division of Investigative and Forensic Services a
  907  report or information pertinent to such knowledge or belief and
  908  such additional information relative thereto as the department
  909  may require.
  910         (b) The Division of Investigative and Forensic Services
  911  shall review such information or reports and select such
  912  information or reports as, in its judgment, may require further
  913  investigation. It shall then cause an independent examination of
  914  the facts surrounding such information or report to be made to
  915  determine the extent, if any, to which a fraudulent insurance
  916  act or any other act or practice which, upon conviction,
  917  constitutes a felony or a misdemeanor under the code, or under
  918  s. 817.234, is being committed.
  919         (c) The Division of Investigative and Forensic Services
  920  shall report any alleged violations of law which its
  921  investigations disclose to the appropriate licensing agency and
  922  state attorney or other prosecuting agency having jurisdiction,
  923  including, but not limited to, the statewide prosecutor for
  924  crimes that impact two or more judicial circuits in this state,
  925  with respect to any such violation, as provided in s. 624.310.
  926  If prosecution by the state attorney or other prosecuting agency
  927  having jurisdiction with respect to such violation is not begun
  928  within 60 days of the division’s report, the state attorney or
  929  other prosecuting agency having jurisdiction with respect to
  930  such violation shall inform the division of the reasons for the
  931  lack of prosecution.
  932         (10)The Division of Investigative and Forensic Services
  933  Bureau of Insurance Fraud shall prepare and submit a performance
  934  report to the President of the Senate and the Speaker of the
  935  House of Representatives by January 1 of each year. The annual
  936  report must include, but need not be limited to:
  937         (a) The total number of initial referrals received, cases
  938  opened, cases presented for prosecution, cases closed, and
  939  convictions resulting from cases presented for prosecution by
  940  the Bureau of Insurance Fraud, by type of insurance fraud and
  941  circuit.
  942         (b) The number of referrals received from insurers, the
  943  office, and the Division of Consumer Services of the department,
  944  and the outcome of those referrals.
  945         (c) The number of investigations undertaken by the Bureau
  946  of Insurance Fraud which were not the result of a referral from
  947  an insurer and the outcome of those referrals.
  948         (d) The number of investigations that resulted in a
  949  referral to a regulatory agency and the disposition of those
  950  referrals.
  951         (e) The number of cases presented by the Bureau of
  952  Insurance Fraud which local prosecutors or the statewide
  953  prosecutor declined to prosecute and the reasons provided for
  954  declining prosecution.
  955         (f)A summary of the annual report required under s.
  956  626.9896.
  957         (g)The total number of employees assigned to the Bureau of
  958  Insurance Fraud, delineated by location of staff assigned, and
  959  the number and location of employees assigned to the Bureau of
  960  Insurance Fraud who were assigned to work other types of fraud
  961  cases.
  962         (h) The average caseload and turnaround time by type of
  963  case for each investigator.
  964         (i) The training provided during the year to insurance
  965  fraud investigators.
  966         Section 15. Subsections (1), (3), and (4) of section
  967  627.0629, Florida Statutes, are amended to read:
  968         627.0629 Residential property insurance; rate filings.—
  969         (1) It is the intent of the Legislature that insurers
  970  provide savings to consumers who install or implement windstorm
  971  damage mitigation techniques, alterations, or solutions to their
  972  properties to prevent windstorm losses. A rate filing for
  973  residential property insurance must include actuarially
  974  reasonable discounts, credits, or other rate differentials, or
  975  appropriate reductions in deductibles, for properties on which
  976  fixtures or construction techniques demonstrated to reduce the
  977  amount of loss in a windstorm have been installed or
  978  implemented. The fixtures or construction techniques must
  979  include, but are not limited to, fixtures or construction
  980  techniques that enhance roof strength, roof covering
  981  performance, roof-to-wall strength, wall-to-floor-to-foundation
  982  strength, opening protection, and window, door, and skylight
  983  strength. Credits, discounts, or other rate differentials, or
  984  appropriate reductions in deductibles, for fixtures and
  985  construction techniques that meet the minimum requirements of
  986  the Florida Building Code must be included in the rate filing.
  987  The office shall determine the discounts, credits, other rate
  988  differentials, and appropriate reductions in deductibles that
  989  reflect the full actuarial value of such revaluation, which may
  990  be used by insurers in rate filings. Effective October 1, 2023,
  991  each insurer subject to the requirements of this section must
  992  provide information on the insurer’s website describing the
  993  hurricane mitigation discounts available to policyholders. Such
  994  information must be accessible on, or through a hyperlink
  995  located on, the home page of the insurer’s website or the
  996  primary page of the insurer’s website for property insurance
  997  policyholders or applicants for such coverage in this state. On
  998  or before January 1, 2025, and every 5 years thereafter, the
  999  office shall reevaluate and update the fixtures or construction
 1000  techniques demonstrated to reduce the amount of loss in a
 1001  windstorm and the discounts, credits, other rate differentials,
 1002  and appropriate reductions in deductibles that reflect the full
 1003  actuarial value of such fixtures or construction techniques. The
 1004  office shall adopt rules and forms necessitated by such
 1005  reevaluation.
 1006         (3) A rate filing made on or after July 1, 1995, for mobile
 1007  home owner insurance must include appropriate discounts,
 1008  credits, or other rate differentials for mobile homes
 1009  constructed to comply with American Society of Civil Engineers
 1010  Standard ANSI/ASCE 7-88, adopted by the United States Department
 1011  of Housing and Urban Development on July 13, 1994, and that also
 1012  comply with all applicable tie-down requirements provided by
 1013  state law.
 1014         (4) The Legislature finds that separate consideration and
 1015  notice of hurricane insurance premiums will assist consumers by
 1016  providing greater assurance that hurricane premiums are lawful
 1017  and by providing more complete information regarding the
 1018  components of property insurance premiums. Effective January 1,
 1019  1997, A rate filing for residential property insurance shall be
 1020  separated into two components, rates for hurricane coverage and
 1021  rates for all other coverages. A premium notice reflecting a
 1022  rate implemented on the basis of such a filing shall separately
 1023  indicate the premium for hurricane coverage and the premium for
 1024  all other coverages.
 1025         Section 16. Paragraph (ll) is added to subsection (6) of
 1026  section 627.351, Florida Statutes, to read:
 1027         627.351 Insurance risk apportionment plans.—
 1028         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1029         (ll) The corporation may not determine that a risk is
 1030  ineligible for coverage with the corporation solely because such
 1031  risk has unrepaired damage caused by a covered loss that is the
 1032  subject of a claim that has been filed with the Florida
 1033  Insurance Guaranty Association. This paragraph applies to a risk
 1034  until the earlier of 36 months after the date the Florida
 1035  Insurance Guaranty Association began servicing such claim or the
 1036  Florida Insurance Guaranty Association closes the claim.
 1037         Section 17. Subsection (4) of section 627.410, Florida
 1038  Statutes, is amended to read:
 1039         627.410 Filing, approval of forms.—
 1040         (4) The office may, by order, exempt from the requirements
 1041  of this section for so long as it deems proper any insurance
 1042  document or form or type thereof as specified in such order, to
 1043  which, in its opinion, this section may not practicably be
 1044  applied, or the filing and approval of which are, in its
 1045  opinion, not desirable or necessary for the protection of the
 1046  public. The office may not exempt from the requirements of this
 1047  section the insurance documents or forms of any insurer, against
 1048  whom the office enters a final order determining that such
 1049  insurer violated any provision of this code, for a period of 36
 1050  months after the date of such order, and may not be deemed
 1051  approved under subsection (2).
 1052         Section 18. Section 627.4108, Florida Statutes, is created
 1053  to read:
 1054         627.4108 Claims-handling manuals; submission; attestation.—
 1055         (1) Each authorized residential property insurer conducting
 1056  business in this state must create and use a claims-handling
 1057  manual that provides guidelines and procedures and that complies
 1058  with the requirements of this code and comports to usual and
 1059  customary industry claims-handling practices. Such manual must
 1060  include guidelines and procedures for:
 1061         (a)Initially receiving and acknowledging initial receipt
 1062  of the claim and reviewing and evaluating the claim;
 1063         (b)Communicating with policyholders, beginning with the
 1064  receipt of the claim and continuing until closure of the claim;
 1065         (c)Setting the claim reserve;
 1066         (d)Investigating the claim, including conducting
 1067  inspections of the property that is the subject of the claim;
 1068         (e)Making preliminary estimates and estimates of the
 1069  covered damages to the insured property and communicating such
 1070  estimates to the policyholder;
 1071         (f)The payment, partial payment, or denial of the claim
 1072  and communicating such claim decision to the policyholder;
 1073         (g)Closing claims; and
 1074         (h)Any aspect of the claims-handling process which the
 1075  office determines should be included in the claims-handling
 1076  manual in order to:
 1077         1.Comply with the laws of this state or rules or orders of
 1078  the office or department;
 1079         2.Ensure the claims-handling manual comports with usual
 1080  and customary industry claims-handling guidelines; or
 1081         3.Protect policyholders of the insurer or the general
 1082  public.
 1083         (2) At any time, the office may request that a residential
 1084  property insurer submit a physical or electronic copy of the
 1085  insurer’s currently applicable, or otherwise specifically
 1086  requested, claims-handling manuals. Upon receiving such a
 1087  request, a residential property insurer must submit to the
 1088  office within 5 business days:
 1089         (a)A true and correct copy of each claims-handling manual
 1090  requested; and
 1091         (b)An attestation, on a form prescribed by the commission,
 1092  that certifies:
 1093         1.That the insurer has provided a true and correct copy of
 1094  each currently applicable, or otherwise specifically requested,
 1095  claims-handling manual; and
 1096         2.The timeframe for which each submitted claims-handling
 1097  manual was or is in effect.
 1098         (3)(a)Annually, each authorized residential property
 1099  insurer must certify and attest, on a form prescribed by the
 1100  commission, that:
 1101         1.Each of the insurer’s current claims-handling manuals
 1102  complies with the requirements of this code and comports to
 1103  usual and customary industry claims-handling practices; and
 1104         2.The insurer maintains adequate resources available to
 1105  implement the requirements of each of its claims-handling
 1106  manuals at all times, including during natural disasters and
 1107  catastrophic events.
 1108         (b)Such attestation must be submitted to the office:
 1109         1. On or before August 1, 2023; and
 1110         2. Annually thereafter, on or before May 1 of each calendar
 1111  year.
 1112         (4)The commission is authorized, and all conditions are
 1113  deemed met, to adopt emergency rules under s. 120.54(4), for the
 1114  purpose of implementing this section. Notwithstanding any other
 1115  law, emergency rules adopted under this section are effective
 1116  for 6 months after adoption and may be renewed during the
 1117  pendency of procedures to adopt permanent rules addressing the
 1118  subject of the emergency rules.
 1119         Section 19. Paragraph (d) of subsection (2) of section
 1120  627.4133, Florida Statutes, is amended to read:
 1121         627.4133 Notice of cancellation, nonrenewal, or renewal
 1122  premium.—
 1123         (2) With respect to any personal lines or commercial
 1124  residential property insurance policy, including, but not
 1125  limited to, any homeowner, mobile home owner, farmowner,
 1126  condominium association, condominium unit owner, apartment
 1127  building, or other policy covering a residential structure or
 1128  its contents:
 1129         (d)1. Upon a declaration of an emergency pursuant to s.
 1130  252.36 and the filing of an order by the Commissioner of
 1131  Insurance Regulation, An authorized insurer may not cancel or
 1132  nonrenew a personal residential or commercial residential
 1133  property insurance policy covering a dwelling or residential
 1134  property located in this state:
 1135         a.For a period of 90 days after the dwelling or
 1136  residential property has been repaired, if such property which
 1137  has been damaged as a result of a hurricane or wind loss that is
 1138  the subject of the declaration of emergency pursuant to s.
 1139  252.36 and the filing of an order by the Commissioner of
 1140  Insurance Regulation for a period of 90 days after the dwelling
 1141  or residential property has been repaired. A structure is deemed
 1142  to be repaired when substantially completed and restored to the
 1143  extent that it is insurable by another authorized insurer that
 1144  is writing policies in this state.
 1145         b.Until the earlier of when the dwelling or residential
 1146  property has been repaired or 1 year after the insurer issues
 1147  the final claim payment, if such property was damaged by any
 1148  covered peril and sub-subparagraph a. does not apply.
 1149         2. However, an insurer or agent may cancel or nonrenew such
 1150  a policy prior to the repair of the dwelling or residential
 1151  property:
 1152         a. Upon 10 days’ notice for nonpayment of premium; or
 1153         b. Upon 45 days’ notice:
 1154         (I) For a material misstatement or fraud related to the
 1155  claim;
 1156         (II) If the insurer determines that the insured has
 1157  unreasonably caused a delay in the repair of the dwelling; or
 1158         (III) If the insurer has paid policy limits.
 1159         3. If the insurer elects to nonrenew a policy covering a
 1160  property that has been damaged, the insurer shall provide at
 1161  least 90 days’ notice to the insured that the insurer intends to
 1162  nonrenew the policy 90 days after the dwelling or residential
 1163  property has been repaired. Nothing in this paragraph shall
 1164  prevent the insurer from canceling or nonrenewing the policy 90
 1165  days after the repairs are complete for the same reasons the
 1166  insurer would otherwise have canceled or nonrenewed the policy
 1167  but for the limitations of subparagraph 1. The Financial
 1168  Services Commission may adopt rules, and the Commissioner of
 1169  Insurance Regulation may issue orders, necessary to implement
 1170  this paragraph.
 1171         4. This paragraph shall also apply to personal residential
 1172  and commercial residential policies covering property that was
 1173  damaged as the result of Hurricane Ian or Hurricane Nicole
 1174  Tropical Storm Bonnie, Hurricane Charley, Hurricane Frances,
 1175  Hurricane Ivan, or Hurricane Jeanne.
 1176         5.For purposes of this paragraph:
 1177         a.A structure is deemed to be repaired when substantially
 1178  completed and restored to the extent that it is insurable by
 1179  another authorized insurer writing policies in this state.
 1180         b.The term insurer” means an authorized insurer.
 1181         Section 20. Subsection (3) is added to section 627.426,
 1182  Florida Statutes, to read:
 1183         627.426 Claims administration.—
 1184         (3)(a)Upon receiving actual notice of an incident or a
 1185  loss that could give rise to a covered liability claim under an
 1186  insurance policy, each liability insurer must do all of the
 1187  following:
 1188         1.Assign a licensed and appointed insurance adjuster to
 1189  investigate the extent of the insured’s probable exposure and
 1190  diligently attempt to resolve any questions concerning the
 1191  existence or extent of the insured’s coverage.
 1192         2. Evaluate the claim fairly, honestly, and with due regard
 1193  for the interests of the insured based on available information;
 1194  consider the extent of the claimant’s recoverable damages; and
 1195  consider the information in a reasonable and prudent manner.
 1196         3.Request from the insured or claimant additional relevant
 1197  information the insurer reasonably deems necessary to evaluate
 1198  whether to settle a claim.
 1199         4. Conduct all oral and written communications with the
 1200  insured with honesty and candor.
 1201         5.Make reasonable efforts to explain to persons not
 1202  represented by counsel matters requiring expertise beyond the
 1203  level normally expected of a layperson with no training in
 1204  insurance or claims-handling issues.
 1205         6.Retain all written and recorded communications and
 1206  create and retain a summary of all verbal communications in a
 1207  reasonable manner for a period of not less than 5 years after
 1208  the later of the entry of a judgment against the insured in
 1209  excess of policy limits becoming final or the conclusion of the
 1210  extracontractual claim, if any, including any related appeals.
 1211         7.Within 30 days after a request, provide the insured with
 1212  all communications related to the insurer’s handling of the
 1213  claim which are not privileged as to the insured.
 1214         8.Provide, upon request and at the insurer’s expense,
 1215  reasonable accommodations necessary to communicate effectively
 1216  with an insured covered under the Americans with Disabilities
 1217  Act.
 1218         9. Communicate to an insured all of the following within 15
 1219  days after notice of the existence of a third-party claim:
 1220         a.The identity of any other person or entity the insurer
 1221  has reason to believe may be liable.
 1222         b.The insurer’s evaluation of the claim, given the facts
 1223  known by the insurer at that time.
 1224         c.The likelihood and possible extent of an excess
 1225  judgment.
 1226         d.Steps the insured can take to avoid exposure to an
 1227  excess judgment, including the right to secure personal counsel
 1228  at the insured’s expense.
 1229         e.The insured’s duty to cooperate with the insurer,
 1230  including any specific requests required because of a settlement
 1231  opportunity or by the insurer in accordance with the policy, the
 1232  purpose of the required cooperation, and the consequences of
 1233  refusing to cooperate.
 1234         f.Any settlement demands or offers.
 1235         10. Initiate settlement negotiations by tendering its
 1236  policy limits to the claimant in exchange for a general release
 1237  of the insured if the facts available to the insurer indicate
 1238  that the insured’s liability is likely to exceed the policy
 1239  limits.
 1240         11. Give fair consideration to a settlement offer that is
 1241  not unreasonable under the facts available to the insurer and
 1242  settle in exchange for a general release of the insured, if
 1243  possible, when a reasonably prudent person, faced with the
 1244  prospect of paying the total probable exposure of the insured,
 1245  would do so. The insurer shall provide reasonable assistance to
 1246  the insured to comply with the insured’s obligations to
 1247  cooperate and act reasonably to attempt to satisfy any
 1248  conditions of a claimant’s settlement offer. If it is not
 1249  possible to settle a liability claim within the available policy
 1250  limits in exchange for a general release of the insured, the
 1251  insurer shall act reasonably to attempt to minimize the excess
 1252  exposure to the insured.
 1253         12. Attempt to minimize the magnitude of possible excess
 1254  judgments against the insured when multiple claims arise out of
 1255  a single occurrence and the combined value of all claims exceeds
 1256  the total of all applicable policy limits. The insurer is
 1257  entitled to great discretion to decide how much to offer each
 1258  respective claimant in its attempt to settle with such claimant
 1259  in exchange for a general release of the insured. This
 1260  subparagraph may not be interpreted to prevent an insurer from
 1261  using either process provided under s. 624.155(6). An insurer
 1262  does not violate this subsection simply because it is unable to
 1263  settle all claims in a multiple claimant case.
 1264         13. Attempt to settle the claim in exchange for a general
 1265  release of all insureds against whom a claim may be presented if
 1266  a loss creates the potential for a third-party claim against
 1267  more than one insured. If it is not possible to settle in
 1268  exchange for a general release of all insureds, the insurer, in
 1269  consultation with the insureds, must attempt to enter into
 1270  reasonable settlements of claims against certain insureds in
 1271  exchange for a general release of such insureds to the exclusion
 1272  of other insureds.
 1273         14. Respond to any request for insurance information in
 1274  compliance with s. 626.9372 or s. 627.4137, as applicable.
 1275         15. Take reasonable measures to preserve evidence, for a
 1276  reasonable period of time, which is needed for the defense of
 1277  the liability claim if it appears the insured’s probable
 1278  exposure is greater than policy limits.
 1279         16. Comply with subsections (1) and (2), if applicable.
 1280         17. Comply with the Unfair Insurance Trade Practices Act.
 1281         (b)As used in this subsection, the term “actual notice”
 1282  means the insurer’s receipt of notice of an incident or a loss
 1283  that could give rise to a covered claim that is communicated to
 1284  the insurer or an agent of the insurer:
 1285         1.By any manner permitted by the policy or other documents
 1286  provided to the insured by the insurer;
 1287         2.Through the claims link on the insurer’s website; or
 1288         3.Through the e-mail address designated by the insurer
 1289  under s. 624.422.
 1290         (c)In determining whether an insurer violated this
 1291  subsection, it is relevant whether the insured, claimant, and
 1292  any representative of the insured or claimant was acting in good
 1293  faith toward the insurer in furnishing information regarding the
 1294  claim, in making demands of the insurer, in setting deadlines,
 1295  and in attempting to settle the claim. Such matters include
 1296  whether:
 1297         1.The insured met its duty to cooperate with the insurer
 1298  in the defense of the claim and in making settlements by taking
 1299  reasonable actions requested by the claimant or required by the
 1300  policy which are necessary to assist the insurer in settling a
 1301  covered claim, including:
 1302         a.Executing affidavits regarding the facts within the
 1303  insured’s knowledge regarding the covered loss; and
 1304         b.Providing documents, including if reasonably necessary
 1305  to settle a covered claim valued in excess of policy limits and
 1306  upon the request of the claimant, a summary of the insured’s
 1307  assets, liabilities, obligations, other insurance policies that
 1308  may provide coverage for the claim, and the name and contact
 1309  information of the insured’s employer when the insured is a
 1310  natural person who was acting in the course and scope of
 1311  employment when the incident giving rise to the claim occurred.
 1312         2.The claimant and any claimant’s representative:
 1313         a.Acted honestly in furnishing information regarding the
 1314  claim;
 1315         b.Acted reasonably in setting deadlines; and
 1316         c.Refrained from taking actions that may be reasonably
 1317  expected to prevent an insurer from accepting the settlement
 1318  demand, such as providing insufficient detail within the demand,
 1319  providing unreasonable deadlines for acceptance of the demand,
 1320  or including unreasonable conditions to settlement.
 1321         (d)Any violation of this subsection, when found by the
 1322  office in any investigation or examination, constitutes a
 1323  violation of the Florida Insurance Code and is subject to any
 1324  applicable enforcement provisions therein. Administrative fines
 1325  imposed for violations of this subsection are subject to a 2.0
 1326  multiplier and may exceed the limits on fine amounts and
 1327  aggregate fine amounts provided for under this code.
 1328         (e)This subsection does not create a civil cause of
 1329  action, nor does it abrogate or diminish any civil cause of
 1330  action currently existing in statutory or common law.
 1331         (f)Any proceedings, determinations, or enforcement actions
 1332  taken by the office against an insurer for violations of this
 1333  subsection are not admissible in any civil action.
 1334         Section 21. Paragraph (a) of subsection (10) of section
 1335  627.701, Florida Statutes, is amended to read:
 1336         627.701 Liability of insureds; coinsurance; deductibles.—
 1337         (10)(a) Notwithstanding any other provision of law, an
 1338  insurer issuing a personal lines residential property insurance
 1339  policy may include in such policy a separate roof deductible
 1340  that meets all of the following requirements:
 1341         1. The insurer has complied with the offer requirements
 1342  under subsection (7) regarding a deductible applicable to losses
 1343  from perils other than a hurricane.
 1344         2. The roof deductible may not exceed the lesser of 2
 1345  percent of the Coverage A limit of the policy or 50 percent of
 1346  the cost to replace the roof.
 1347         3. The premium that a policyholder is charged for the
 1348  policy includes an actuarially sound credit or premium discount
 1349  for the roof deductible.
 1350         4. The roof deductible applies only to a claim adjusted on
 1351  a replacement cost basis.
 1352         5. The roof deductible does not apply to any of the
 1353  following events:
 1354         a. A total loss to a primary structure in accordance with
 1355  the valued policy law under s. 627.702 which is caused by a
 1356  covered peril.
 1357         b. A roof loss resulting from a hurricane as defined in s.
 1358  627.4025(2)(c).
 1359         c. A roof loss resulting from a tree fall or other hazard
 1360  that damages the roof and punctures the roof deck.
 1361         d. A roof loss requiring the repair of less than 50 percent
 1362  of the roof.
 1363  
 1364  If a roof deductible is applied, no other deductible under the
 1365  policy may be applied to the loss or to any other loss to the
 1366  property caused by the same covered peril.
 1367         Section 22. Subsection (2) of section 627.70132, Florida
 1368  Statutes, is amended to read:
 1369         627.70132 Notice of property insurance claim.—
 1370         (2) A claim or reopened claim, but not a supplemental
 1371  claim, under an insurance policy that provides property
 1372  insurance, as defined in s. 624.604, including a property
 1373  insurance policy issued by an eligible surplus lines insurer,
 1374  for loss or damage caused by any peril is barred unless notice
 1375  of the claim was given to the insurer in accordance with the
 1376  terms of the policy within 1 year after the date of loss. A
 1377  supplemental claim is barred unless notice of the supplemental
 1378  claim was given to the insurer in accordance with the terms of
 1379  the policy within 18 months after the date of loss. The time
 1380  limitations of this subsection are tolled during any term of
 1381  deployment to a combat zone or combat support posting which
 1382  materially affects the ability of a servicemember as defined in
 1383  s. 250.01 to file a claim, supplemental claim, or reopened
 1384  claim.
 1385         Section 23. Chapter 2022-271, Laws of Florida, shall not be
 1386  construed to impair any right under an insurance contract in
 1387  effect on or before the effective date of that chapter law. To
 1388  the extent that chapter 2022-271, Laws of Florida, affects a
 1389  right under an insurance contract, that chapter law applies to
 1390  an insurance contract issued or renewed after the effective date
 1391  of that chapter law. This section is intended to clarify
 1392  existing law and is remedial in nature.
 1393         Section 24. (1)Every residential property insurer and
 1394  every motor vehicle insurer rate filing made or pending with the
 1395  Office of Insurance Regulation on or after July 1, 2023, must
 1396  reflect the projected savings or reduction in claim frequency,
 1397  claim severity, and loss adjustment expenses, including for
 1398  attorney fees, payment of attorney fees to claimants, and any
 1399  other reduction actuarially indicated, due to the combined
 1400  effect of the applicable provisions of chapters 2021-77, 2022
 1401  268, 2022-271, and 2023-15, Laws of Florida, in order to ensure
 1402  that rates for such insurance accurately reflect the risk of
 1403  providing such insurance.
 1404         (2)The Office of Insurance Regulation must consider in its
 1405  review of such rate filings the projected savings or reduction
 1406  in claim frequency, claim severity, and loss adjustment
 1407  expenses, including for attorney fees, payment of attorney fees
 1408  to claimants, and any other reduction actuarially indicated, due
 1409  to the combined effect of the applicable provisions of chapters
 1410  2021-77, 2022-268, 2022-271, and 2023-15, Laws of Florida. The
 1411  office may develop methodology and data that incorporate
 1412  generally accepted actuarial techniques and standards to be used
 1413  in its review of rate filings governed by this section. The
 1414  office may contract with an appropriate vendor to advise the
 1415  office in developing such methodology and data to consider. Such
 1416  methodology and data are not intended to create a mandatory
 1417  minimum rate decrease for all motor vehicle insurers and
 1418  property insurers, respectively, but rather to ensure that the
 1419  rates for such coverage meet the requirements of s. 627.062,
 1420  Florida Statutes, and thus are not excessive, inadequate, or
 1421  unfairly discriminatory and allow such insurers a reasonable
 1422  rate of return.
 1423         (3)This section does not apply to rate filings made
 1424  pursuant to s. 627.062(2)(k), Florida Statutes.
 1425         (4)For the 2023-2024 fiscal year, the sum of $500,000 in
 1426  nonrecurring funds is appropriated from the Insurance Regulatory
 1427  Trust Fund in the Department of Financial Services to the Office
 1428  of Insurance Regulation to implement this section.
 1429         Section 25. For the 2023-2024 fiscal year, 18 full-time
 1430  equivalent positions with associated salary rate of 1,116,500
 1431  are authorized and the sum of $1,879,129 in recurring funds and
 1432  $185,086 in nonrecurring funds is appropriated from the
 1433  Insurance Regulatory Trust Fund to the Office of Insurance
 1434  Regulation to implement this act.
 1435         Section 26. For the 2023-2024 fiscal year, seven full-time
 1436  equivalent positions with associated salary rate of 350,000 are
 1437  authorized and the sum of $574,036 in recurring funds and
 1438  $33,467 in nonrecurring funds is appropriated from the Insurance
 1439  Regulatory Trust Fund to the Department of Financial Services to
 1440  implement this act.
 1441         Section 27. This act shall take effect July 1, 2023.