Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for CS for CS for HB 799 Ì593712"Î593712 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . Floor: C 05/01/2023 04:14 PM . 05/03/2023 04:21 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Martin moved the following: 1 Senate Substitute for Amendment (762726) (with title 2 amendment) 3 4 Delete lines 174 - 234 5 and insert: 6 a. January 1, 2024, for a structure that has a dwelling 7 replacement cost ofproperty valued at$600,000 or more. 8 b. January 1, 2025, for a structure that has a dwelling 9 replacement cost ofproperty valued at$500,000 or more. 10 c. January 1, 2026, for a structure that has a dwelling 11 replacement cost ofproperty valued at$400,000 or more. 12 d. January 1, 2027, for all other personal lines 13 residential property insured by the corporation. 14 2. All personal lines residential policyholders whose 15 property insured by the corporation is located within the 16 special flood hazard area defined by the Federal Emergency 17 Management Agency must have flood coverage in place: 18 a. At the time of initial policy issuance for all new 19 personal lines residential policies issued by the corporation on 20 or after April 1, 2023. 21 b. By the time of the policy renewal for all personal lines 22 residential policies renewing on or after July 1, 2023. 23 3. Policyholderswhose policies issued by the corporation24do not provide coverage for the peril of windare not required 25 to purchase flood insurance as a condition for maintaining the 26 followingtheirpolicies issued bywiththe corporation: 27 a. Policies that do not provide coverage for the peril of 28 wind. 29 b. Policies that provide coverage under a condominium unit 30 owners form. 31 32 The flood insurance required under this paragraph must meet, at 33 a minimum, the coverage available from the National Flood 34 Insurance Program or the requirements of subparagraphs s. 35 627.715(1)(a)1., 2., and 3. 36 (ll) In addition to any other method of alternative dispute 37 resolution authorized by state law, the corporation may adopt 38 policy forms that provide for the resolution of disputes 39 regarding its claim determinations, including disputes regarding 40 coverage for, or the scope and value of, a claim, in a 41 proceeding before the Division of Administrative Hearings. Any 42 such policies are not subject to s. 627.70154. All proceedings 43 in the Division of Administrative Hearings pursuant to such 44 policies are subject to ss. 57.105 and 768.79 as if filed in the 45 courts of this state and are not considered chapter 120 46 administrative proceedings. Rule 1.442, Florida Rules of Civil 47 Procedure, applies to any offer served pursuant to s. 768.79, 48 except that, notwithstanding any provision in Rule 1.442, 49 Florida Rules of Civil Procedure, to the contrary, an offer 50 shall not be served earlier than 10 days after filing the 51 request for hearing with the Division of Administrative Hearings 52 and shall not be served later than 10 days before the date set 53 for the final hearing. The administrative law judge in such 54 proceedings shall award attorney fees and other relief pursuant 55 to ss. 57.105 and 768.79. The corporation may not seek, and the 56 office may not approve, a maximum hourly rate for attorney fees. 57 Section 4. Effective October 1, 2023, section 627.7155, 58 Florida Statutes, is created to read: 59 627.7155 Wind and flood coverage in residential and 60 commercial property insurance policies.—For residential and 61 commercial property insurance policies issued or renewed on or 62 after October 1, 2023: 63 (1) If a residential or commercial property insurer 64 requires that an insured or applicant have coverage for the 65 peril of flood when the insurer issues a policy covering the 66 peril of wind, unless the insurer verifies that the insured or 67 applicant has coverage for the peril of flood at the time the 68 policy was issued or renewed, the insurer may not deny a claim 69 for wind solely because the insured does not have coverage for 70 the peril of flood, unless flood coverage that was verified at 71 the time of application or renewal, or equivalent coverage, is 72 not in force at the time of the loss. 73 74 ================= T I T L E A M E N D M E N T ================ 75 And the title is amended as follows: 76 Delete lines 19 - 25 77 and insert: 78 binding arbitration provisions; specifying applicable 79 requirements, procedures, and restrictions relating to 80 such proceedings; creating s. 627.7155, F.S.; 81 prohibiting a property insurer that requires flood 82 coverage as a condition for wind coverage from denying 83 certain claims except under certain circumstances;