Florida Senate - 2026                                    SB 1268
       
       
        
       By Senator Davis
       
       
       
       
       
       5-01546-26                                            20261268__
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 626.112,
    3         F.S.; requiring the Department of Financial Services
    4         to take immediate enforcement actions under certain
    5         circumstances; amending s. 626.2815, F.S.; requiring
    6         certain adjusters to complete specified continuing
    7         education courses annually; specifying requirements
    8         for such courses; amending s. 626.611, F.S.; revising
    9         the grounds for compulsory disciplinary actions by the
   10         department against certain insurance personnel;
   11         amending s. 626.854, F.S.; prohibiting insurers from
   12         excluding the public adjuster’s attorney from certain
   13         in-person meetings; requiring insurers to communicate
   14         with or meet the public adjuster’s attorney under
   15         certain circumstances; amending s. 626.9541, F.S.;
   16         specifying additional unfair claim settlement
   17         practices; amending s. 626.9743, F.S.; requiring
   18         insurers to promptly provided third-party claimants
   19         with specified payments or assistance under certain
   20         circumstances; revising a prohibition relating to the
   21         use of replacement parts in the repair of a motor
   22         vehicle; requiring that replacement parts comply with
   23         certain specifications and be able to perform the same
   24         function and provide durability and safety equivalent
   25         to the condition of the damaged parts immediately
   26         before the loss; requiring insurers to replace the
   27         entire damaged area and adjoining areas under certain
   28         circumstances; requiring insurers to provide insureds
   29         with a specified repair plan before performing work;
   30         requiring insurers to identify and source parts
   31         required for the repair and provide certain
   32         information to insureds; defining the term “local
   33         market area”; requiring insurers to obtain written
   34         approval from insureds under certain circumstances;
   35         specifying requirements of such written approval;
   36         defining the term “diminished value”; requiring
   37         insurers to compensate claimants for diminished value;
   38         specifying the manner of calculation of diminished
   39         value; requiring insurers to provide certain written
   40         documentation to insureds; specifying that certain
   41         policy provisions are void and unenforceable; amending
   42         s. 626.9744, F.S.; requiring insurers to use certain
   43         replacement items, parts, or materials under certain
   44         circumstances; requiring insurers to make reasonable
   45         repairs or replacement of items, parts, or materials
   46         in adjoining areas under certain circumstances;
   47         requiring insurers to provide insureds with a
   48         specified repair plan before work is performed;
   49         requiring insurers to identify and source items,
   50         parts, or materials required to complete the work and
   51         provide certain information to insureds; amending s.
   52         627.4025, F.S.; making clarifying changes regarding
   53         the types of coverages included in residential
   54         coverage; amending s. 627.418, F.S.; prohibiting
   55         insurers from imposing or enforcing certain policy
   56         conditions or requirements; providing an exception;
   57         specifying that such conditions or requirements, if
   58         not authorized, are void and unenforceable; requiring
   59         insurers to make certain disclosures and allow the
   60         insured to cancel the policy under certain
   61         circumstances; amending s. 627.426, F.S.; revising the
   62         conditions under which liability insurers may deny
   63         coverage based on a particular coverage defense;
   64         reviving, reenacting, and amending s. 627.428, F.S.,
   65         relating to attorney fees in cases involving an
   66         insurer; providing an exception related to the right
   67         to attorney fees and costs in suits arising under a
   68         residential or commercial property insurance policy;
   69         amending s. 627.70131, F.S.; revising the timeframe in
   70         which insurers must pay or deny claims; revising
   71         requirements for the explanation for the payment,
   72         denial, or partial payment of claims; specifying that
   73         insurers have an obligation to pay a specified amount
   74         under certain circumstances; authorizing the
   75         Department of Financial Services to enforce such
   76         obligation; making a clarifying change regarding
   77         interest payments; amending s. 627.70151, F.S.;
   78         requiring insurers to bear certain costs; providing an
   79         exception; providing an effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Subsection (3) of section 626.112, Florida
   84  Statutes, is amended to read:
   85         626.112 License and appointment required; agents, customer
   86  representatives, adjusters, insurance agencies, service
   87  representatives, managing general agents, insurance adjusting
   88  firms.—
   89         (3) A No person may not shall act as an adjuster as to any
   90  class of business for which he or she is not then licensed and
   91  appointed. If an adjuster lacks an active license or appointment
   92  while adjusting an insurance claim, the department must take
   93  immediate enforcement action against both the adjuster and the
   94  insurer employing, contracting with, or directing such adjuster.
   95         Section 2. Present subsections (8) through (10) of section
   96  626.2815, Florida Statutes, are redesignated as subsections (9)
   97  through (11), respectively, and a new subsection (8) is added to
   98  that section, to read:
   99         626.2815 Continuing education requirements.—
  100         (8)(a)An adjuster who is not a resident of this state must
  101  complete 24 hours of Florida-specific continuing education
  102  courses annually as part of the requirements imposed under this
  103  section.
  104         (b)The courses required under this subsection must be
  105  delivered by recorded instruction and must include statutes,
  106  administrative rules, ethical duties, and claims-handling
  107  standards applicable to adjusting insurance claims within this
  108  state.
  109         Section 3. Paragraphs (r), (s), and (t) are added to
  110  subsection (1) of section 626.611, Florida Statutes, to read:
  111         626.611 Grounds for compulsory refusal, suspension, or
  112  revocation of agent’s, title agency’s, adjuster’s, customer
  113  representative’s, service representative’s, or managing general
  114  agent’s license or appointment.—
  115         (1) The department shall deny an application for, suspend,
  116  revoke, or refuse to renew or continue the license or
  117  appointment of any applicant, agent, title agency, adjuster,
  118  customer representative, service representative, or managing
  119  general agent, and it shall suspend or revoke the eligibility to
  120  hold a license or appointment of any such person, if it finds
  121  that as to the applicant, licensee, or appointee any one or more
  122  of the following applicable grounds exist:
  123         (r) Committing a felony or misdemeanor during the
  124  adjustment, investigation, or handling of an insurance claim.
  125         (s)Engaging in discriminatory claims-handling practices
  126  based on race, color, national origin, religion, sex, gender,
  127  marital status, disability, or age, as demonstrated by competent
  128  substantial evidence.
  129         (t)Knowingly misinterpreting or directing another to
  130  misinterpret, any provision of an insurance policy or the
  131  insurance code in a manner that creates coverage limitations,
  132  exclusions, or conditions not found in the plain text of such
  133  policy or code.
  134         Section 4. Paragraph (a) of subsection (15) of section
  135  626.854, Florida Statutes, is amended to read:
  136         626.854 “Public adjuster” defined; prohibitions.—The
  137  Legislature finds that it is necessary for the protection of the
  138  public to regulate public insurance adjusters and to prevent the
  139  unauthorized practice of law.
  140         (15) The public adjuster must ensure that prompt notice is
  141  given of the claim to the insurer, the public adjuster’s
  142  contract is provided to the insurer, the property is available
  143  for inspection of the loss or damage by the insurer, and the
  144  insurer is given an opportunity to interview the insured
  145  directly about the loss and claim. The insurer must be allowed
  146  to obtain necessary information to investigate and respond to
  147  the claim.
  148         (a) The insurer may not exclude the public adjuster or the
  149  public adjuster’s attorney from its in-person meetings with the
  150  insured. The insurer shall meet or communicate with the public
  151  adjuster or the public adjuster’s attorney in an effort to reach
  152  agreement as to the scope of the covered loss under the
  153  insurance policy. The public adjuster or the public adjuster’s
  154  attorney shall meet or communicate with the insurer in an effort
  155  to reach agreement as to the scope of the covered loss under the
  156  insurance policy. This section does not impair the terms and
  157  conditions of the insurance policy in effect at the time the
  158  claim is filed.
  159         Section 5. Paragraph (i) of subsection (1) of section
  160  626.9541, Florida Statutes, is amended to read:
  161         626.9541 Unfair methods of competition and unfair or
  162  deceptive acts or practices defined.—
  163         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  164  ACTS.—The following are defined as unfair methods of competition
  165  and unfair or deceptive acts or practices:
  166         (i) Unfair claim settlement practices.—
  167         1. Attempting to settle claims on the basis of an
  168  application, when serving as a binder or intended to become a
  169  part of the policy, or any other material document which was
  170  altered without notice to, or knowledge or consent of, the
  171  insured;
  172         2. A material misrepresentation made to an insured or any
  173  other person having an interest in the proceeds payable under
  174  such contract or policy, for the purpose and with the intent of
  175  effecting settlement of such claims, loss, or damage under such
  176  contract or policy on less favorable terms than those provided
  177  in, and contemplated by, such contract or policy;
  178         3. Committing or performing with such frequency as to
  179  indicate a general business practice any of the following:
  180         a. Failing to adopt and implement standards for the proper
  181  investigation of claims;
  182         b. Misrepresenting pertinent facts or insurance policy
  183  provisions relating to coverages at issue;
  184         c. Failing to acknowledge and act promptly upon
  185  communications with respect to claims;
  186         d. Denying claims without conducting reasonable
  187  investigations based upon available information;
  188         e. Failing to affirm or deny full or partial coverage of
  189  claims, and, as to partial coverage, the dollar amount or extent
  190  of coverage, or failing to provide a written statement that the
  191  claim is being investigated, upon the written request of the
  192  insured within 30 days after proof-of-loss statements have been
  193  completed;
  194         f. Failing to promptly provide a reasonable explanation in
  195  writing to the insured of the basis in the insurance policy, in
  196  relation to the facts or applicable law, for denial of a claim
  197  or for the offer of a compromise settlement;
  198         g. Failing to promptly notify the insured of any additional
  199  information necessary for the processing of a claim;
  200         h. Failing to clearly explain the nature of the requested
  201  information and the reasons why such information is necessary;
  202         i. Failing to pay personal injury protection insurance
  203  claims within the time periods required by s. 627.736(4)(b). The
  204  office may order the insurer to pay restitution to a
  205  policyholder, medical provider, or other claimant, including
  206  interest at a rate consistent with the amount set forth in s.
  207  55.03(1), for the time period within which an insurer fails to
  208  pay claims as required by law. Restitution is in addition to any
  209  other penalties allowed by law, including, but not limited to,
  210  the suspension of the insurer’s certificate of authority; or
  211         j. Altering or amending an insurance adjuster’s report
  212  without:
  213         (I) Providing a detailed explanation as to why any change
  214  that has the effect of reducing the estimate of the loss was
  215  made; and
  216         (II) Including on the report or as an addendum to the
  217  report a detailed list of all changes made to the report and the
  218  identity of the person who ordered each change; or
  219         (III) Retaining all versions of the report, and including
  220  within each such version, for each change made within such
  221  version of the report, the identity of each person who made or
  222  ordered such change; or
  223         4. Failing to pay undisputed amounts of partial or full
  224  benefits owed under first-party property insurance policies
  225  within 60 days after an insurer receives notice of a residential
  226  property insurance claim, determines the amounts of partial or
  227  full benefits, and agrees to coverage, unless payment of the
  228  undisputed benefits is prevented by factors beyond the control
  229  of the insurer as defined in s. 627.70131(5);
  230         5.Knowingly asserting a policy defense without a
  231  reasonable basis under the express language of the policy or
  232  applicable law; or
  233         6.Failing to disclose a policy defense promptly in writing
  234  when issuing a denial or contested coverage determination.
  235         Section 6. Present subsection (10) of section 626.9743,
  236  Florida Statutes, is redesignated as subsection (11), a new
  237  subsection (10) is added to that section, and subsections (2)
  238  and (4) and paragraph (a) of subsection (5) of that section are
  239  amended, to read:
  240         626.9743 Claim settlement practices relating to motor
  241  vehicle insurance.—
  242         (2) An insurer may not, when liability and damages owed
  243  under the policy are reasonably clear, recommend that a third
  244  party claimant make a claim under his or her own policy solely
  245  to avoid paying the claim under the policy issued by that
  246  insurer. However, the insurer may identify options to a third
  247  party claimant relative to the repair of his or her vehicle.
  248  When liability and damages owed under the policy are reasonably
  249  clear, the insurer, upon request by the third-party claimant,
  250  must promptly provide the third-party claimant with payment or
  251  assistance for loss of use of his or her motor vehicle,
  252  including reasonable temporary transportation, to the extent
  253  that such coverage would have been available under the policy if
  254  the loss had been sustained by the first-party insured, subject
  255  to the policy’s terms, conditions, and applicable limits.
  256         (4) When an insurer elects to repair a motor vehicle, an
  257  insurer may not require the use of replacement parts in the
  258  repair of a motor vehicle which are not at least equivalent in
  259  kind and quality to the damaged parts prior to the loss in terms
  260  of color, size, fit, appearance, and performance. All such
  261  replacement parts must comply with manufacturer specifications
  262  and must be able to perform the same function and provide
  263  durability and safety equivalent to the condition of the damaged
  264  part immediately before the loss. If equivalent parts cannot
  265  reasonably be obtained to restore a reasonably uniform
  266  appearance, the insurer must replace the entire damaged area and
  267  any adjoining areas necessary to achieve a reasonably uniform
  268  appearance. Before any work is performed to repair the vehicle,
  269  the insurer must provide the insured with a written repair plan
  270  describing the scope of work, the basis for electing to repair,
  271  and the steps necessary to complete the repairs. The insurer
  272  must also identify and source all parts required for the repair
  273  and provide the supplier’s name, any applicable stock keeping
  274  unit or part number, and price and availability information for
  275  such parts to the insured.
  276         (5) When the insurance policy provides for the adjustment
  277  and settlement of first-party motor vehicle total losses on the
  278  basis of actual cash value or replacement with another of like
  279  kind and quality, the insurer shall use one of the following
  280  methods:
  281         (a) The insurer may elect a cash settlement based upon the
  282  actual cost to purchase a comparable motor vehicle, including
  283  sales tax, if applicable pursuant to subsection (9).
  284         1.For purposes of this paragraph, the term “local market
  285  area” means a geographical area within 50 miles of the insured’s
  286  primary residence.
  287         2.The actual cost to purchase a comparable motor vehicle
  288  Such cost may be derived from any of the following methods:
  289         a.1. When comparable motor vehicles are available in the
  290  local market area, the cost of two or more such comparable motor
  291  vehicles available within the preceding 90 days.;
  292         b.2. The retail cost as determined from a generally
  293  recognized used motor vehicle industry source such as:
  294         (I)a. An electronic database if the pertinent portions of
  295  the valuation documents generated by the database are provided
  296  by the insurer to the first-party insured upon request; or
  297         (II)b. A guidebook that is generally available to the
  298  general public if the insurer identifies the guidebook used as
  299  the basis for the retail cost to the first-party insured upon
  300  request.; or
  301         c.3. The retail cost using two or more quotations obtained
  302  by the insurer from two or more licensed dealers in the local
  303  market area.
  304         3.If the insurer seeks to obtain market data outside the
  305  local market area to determine the actual cost to purchase a
  306  comparable motor vehicle, the insurer must obtain written
  307  approval from the insured. The written approval must include the
  308  insured’s signature and the following statement in no smaller
  309  than 18-point bold, uppercase type:
  310  
  311         I AUTHORIZE THE INSURER TO EXPAND THE LOCAL MARKET
  312         AREA BEYOND 50 MILES FROM MY PRIMARY RESIDENCE FOR THE
  313         PURPOSE OF LOCATING MARKET DATA NECESSARY TO DETERMINE
  314         THE ACTUAL CASH VALUE OF MY VEHICLE, PURSUANT TO S.
  315         626.9743, FLORIDA STATUTES.
  316  
  317         (10)(a)For purposes of this subsection, the term:
  318         1.“Diminished value” means the loss in the market value of
  319  a motor vehicle which remains after repairs are performed to
  320  restore the vehicle to its pre-loss physical condition as to
  321  performance and appearance, due to the vehicle having sustained
  322  damage and having an accident history.
  323         2.“Local market area” has the same meaning as in
  324  subparagraph (5)(a)1.
  325         (b)When a motor vehicle is repaired due to a covered loss,
  326  the insurer shall compensate the claimant for diminished value.
  327         (c)Diminished value shall be calculated by one of the
  328  following methods:
  329         1.Averaging the differences obtained from subtracting from
  330  the actual cash value of the vehicle as determined under
  331  subsection (5) the market values of two comparable motor
  332  vehicles located within the local market area.
  333         a.The two comparable motor vehicles must have sustained
  334  comparable damage and repair.
  335         b.If an insurer seeks to obtain valuation data from
  336  outside the local market area, it must comply with the
  337  requirements in subparagraph (5)(a)3.
  338         2.Obtaining no fewer than four dealer trade-in quotations
  339  for the repaired vehicle, averaging the quotations, and
  340  increasing the amount by 20 percent.
  341         (d)The insurer shall provide to the insured written
  342  documentation supporting the diminished value determination used
  343  in the claim settlement.
  344         (e)Any policy provision that purports to exclude
  345  diminished value for repaired motor vehicles is void and
  346  unenforceable.
  347         Section 7. Subsection (2) of section 626.9744, Florida
  348  Statutes, is amended to read:
  349         626.9744 Claim settlement practices relating to property
  350  insurance.—Unless otherwise provided by the policy, when a
  351  homeowner’s insurance policy provides for the adjustment and
  352  settlement of first-party losses based on repair or replacement
  353  cost, the following requirements apply:
  354         (2) In adjusting or settling a loss that involves the use
  355  of replacement items, parts, or materials, the insurer shall use
  356  replacement items, parts, or materials that are at least
  357  equivalent in kind and quality to the damaged items, parts, or
  358  materials before the loss in terms of color, size, fit,
  359  appearance, performance, and durability. When a loss requires
  360  replacement of items, parts, or materials, and the replaced
  361  items, parts, or materials do not match the existing undamaged
  362  areas in quality, color, or size, or appearance, the insurer
  363  shall make reasonable repairs or replacement of items, parts, or
  364  materials in adjoining areas as necessary to achieve a
  365  reasonably uniform appearance. In determining the extent of the
  366  repairs or replacement of items in adjoining areas, the insurer
  367  may consider the cost of repairing or replacing the undamaged
  368  portions of the property, the degree of uniformity that can be
  369  achieved without such cost, the remaining useful life of the
  370  undamaged portion, and other relevant factors. Before any work
  371  is performed to repair or replace damaged items, parts, or
  372  materials, the insurer must provide the insured with a written
  373  plan describing the scope of work, the basis for electing to
  374  repair or replace, and the steps necessary to complete such
  375  work. The insurer must also identify and source all replacement
  376  items, parts, or materials required to complete such work and
  377  provide the supplier’s name, any applicable stock keeping unit
  378  or part number, and price and availability information for such
  379  items, parts, or materials to the insured.
  380         Section 8. Subsection (1) of section 627.4025, Florida
  381  Statutes, is amended to read:
  382         627.4025 Residential coverage and hurricane coverage
  383  defined.—
  384         (1) Residential coverage includes both personal lines and
  385  commercial lines coverage. Personal lines residential coverage
  386  includes residential coverage, which consists of the type of
  387  coverage provided by homeowner, mobile home owner, dwelling,
  388  tenant, condominium unit owner, cooperative unit owner, and
  389  similar personal lines residential policies., and Commercial
  390  lines residential coverage includes, which consists of the type
  391  of coverage provided by condominium association, cooperative
  392  association, apartment building, and similar commercial lines
  393  residential policies, including policies covering the common
  394  elements of a homeowners association. Residential coverage for
  395  personal lines and commercial lines as set forth in this section
  396  includes policies that provide coverage for particular perils
  397  such as windstorm and hurricane or coverage for insurer
  398  insolvency or deductibles.
  399         Section 9. Subsection (3) is added to section 627.418,
  400  Florida Statutes, to read:
  401         627.418 Validity of noncomplying contracts.—
  402         (3) An insurer may not impose or enforce any policy
  403  condition or requirement that is not authorized by this
  404  insurance code unless the condition or requirement has been
  405  submitted to and approved by the office. Any such unauthorized
  406  condition or requirement is void and unenforceable. If a policy
  407  contains any condition or requirement not authorized by this
  408  insurance code but approved by the office, the insurer must
  409  clearly disclose that the provision is not authorized by the
  410  insurance code to the insured at the time of issuance along with
  411  necessary definitions to understand the provisions of the policy
  412  and the steps required for compliance with the provisions of the
  413  policy, using plain language, and must allow the insured to
  414  cancel the policy within 10 days after receipt at no cost. The
  415  disclosure must include the following notice, printed in bold
  416  type:
  417  
  418         IMPORTANT NOTICE: SOME PROVISIONS IN THIS POLICY ARE
  419         NOT ESTABLISHED BY FLORIDA STATUTES. FAILURE TO MEET
  420         THESE CONTRACTUAL REQUIREMENTS MAY AFFECT YOUR
  421         COVERAGE OR RESULT IN CLAIM DELAY OR DENIAL. YOU HAVE
  422         RIGHTS UNDER FLORIDA LAW. YOU MAY CANCEL THIS POLICY
  423         WITHIN 10 DAYS AFTER RECEIPT AT NO COST.
  424         Section 10. Subsection (2) of section 627.426, Florida
  425  Statutes, is amended to read:
  426         627.426 Claims administration.—
  427         (2) A liability insurer may shall not be permitted to deny
  428  coverage based on a particular coverage defense unless all of
  429  the following conditions are met:
  430         (a)1. Within 30 days after the liability insurer knew or
  431  should have known of the coverage defense, written notice of
  432  reservation of rights to assert a coverage defense is given to
  433  the named insured by United States postal proof of mailing,
  434  registered or certified mail, or other mailing using the
  435  Intelligent Mail barcode or other similar tracking method used
  436  or approved by the United States Postal Service sent to the last
  437  known address of the insured or by hand delivery. Such notice of
  438  reservation of rights must include all the following:
  439         a.A clear statement of the factual issue giving rise to
  440  the reservation of rights.
  441         b.An explanation, in plain language, of why the issue may
  442  affect coverage.
  443         c.A description of any additional information or
  444  documentation needed from the insured.
  445         d.A description of the next steps in the investigative
  446  process and the expected timeframes for completing those steps.
  447         e.If the insurer determines that fraud or
  448  misrepresentation may affect the claim, identification of the
  449  specific facts supporting that determination.
  450         2.A notice of reservation of rights given under this
  451  section may not be used to extend, delay, or suspend the payment
  452  of a covered loss or any statutory deadline for paying or
  453  denying a claim under this code.; and
  454         (b) Within 60 days after of compliance with paragraph (a)
  455  or receipt of a summons and complaint naming the insured as a
  456  defendant, whichever is later, but in no case later than 30 days
  457  before trial, the insurer:
  458         1. Gives written notice to the named insured by United
  459  States postal proof of mailing, registered or certified mail, or
  460  other mailing using the Intelligent Mail barcode or other
  461  similar tracking method used or approved by the United States
  462  Postal Service of its refusal to defend the insured;
  463         2. Obtains from the insured a nonwaiver agreement following
  464  full disclosure of the specific facts and policy provisions upon
  465  which the coverage defense is asserted and the duties,
  466  obligations, and liabilities of the insurer during and following
  467  the pendency of the subject litigation; or
  468         3. Retains independent counsel which is mutually agreeable
  469  to the parties. Reasonable fees for the counsel may be agreed
  470  upon between the parties or, if no agreement is reached, shall
  471  be set by the court.
  472         Section 11. Notwithstanding the repeal of section 627.428,
  473  Florida Statutes, in section 11 of chapter 2023-15, Laws of
  474  Florida, section 627.428, Florida Statutes, is revived,
  475  reenacted, and amended to read:
  476         627.428 Attorney fees and costs.—
  477         (1) Except as provided in subsection (4), upon the
  478  rendition of a judgment or decree by any of the courts of this
  479  state against an insurer and in favor of any named or omnibus
  480  insured or the named beneficiary under a policy or contract
  481  executed by the insurer, the trial court or, in the event of an
  482  appeal in which the insured or beneficiary prevails, the
  483  appellate court shall adjudge or decree against the insurer and
  484  in favor of the insured or beneficiary a reasonable sum as fees
  485  or compensation for the insured’s or beneficiary’s attorney
  486  prosecuting the suit in which the recovery is had.
  487         (2) As to suits based on claims arising under life
  488  insurance policies or annuity contracts, no such attorney fees
  489  shall be allowed if such suit was commenced prior to expiration
  490  of 60 days after proof of the claim was duly filed with the
  491  insurer.
  492         (3) When so awarded, compensation or fees of the attorney
  493  shall be included in the judgment or decree rendered in the
  494  case.
  495         (4) In a suit arising under a residential or commercial
  496  property insurance policy, there is no right to attorney fees
  497  and costs, including public adjuster costs and costs related to
  498  the adjustment of the loss, under this section unless the
  499  insured or policyholder prevails in a lawsuit against an insurer
  500  for underpayment, wrongful claim denial, or bad faith practices.
  501         Section 12. Paragraph (a) of subsection (7) of section
  502  627.70131, Florida Statutes, is amended to read:
  503         627.70131 Insurer’s duty to acknowledge communications
  504  regarding claims; investigation.—
  505         (7)(a) Within 30 60 days after an insurer receives notice
  506  of an initial, reopened, or supplemental property insurance
  507  claim from a policyholder, the insurer shall pay or deny such
  508  claim or a portion of the claim unless the failure to pay or
  509  deny is caused by factors beyond the insurer’s control of the
  510  insurer. The insurer shall provide a clear, written reasonable
  511  explanation in writing to the policyholder which outlines the
  512  reasoning of the basis in the insurance policy, in relation to
  513  the facts or applicable law, for the payment, denial, or partial
  514  denial of the a claim, referencing relevant sections of the
  515  insurance policy or applicable facts or laws. Such explanation
  516  may not be solely a recitation of policy provisions without
  517  application of those provisions to the facts of the claim. If
  518  the insurer’s claim payment is less than specified in any
  519  insurer’s detailed estimate of the amount of the loss, the
  520  insurer must provide a reasonable explanation in writing of the
  521  difference to the policyholder. Any payment for of an initial or
  522  supplemental claim or portion of such claim made 60 days after
  523  the insurer receives notice of the claim, or made after the
  524  expiration of any additional timeframe provided to pay or deny a
  525  claim or a portion of a claim made pursuant to an order of the
  526  office finding factors beyond the insurer’s control of the
  527  insurer, whichever is later, bears interest at the rate set
  528  forth in s. 55.03. Interest begins to accrue from the date the
  529  insurer receives notice of the claim. If the insurer fails to
  530  pay the full amount owed on the claim within 90 days after the
  531  insurer receives notice of the claim or within any extended
  532  timeframe authorized by order of the office, the insurer has an
  533  uncontestable obligation to pay the amount owed, together with
  534  interest as provided in this subsection and an additional equal
  535  interest penalty. The department may enforce such obligation.
  536  The provisions of this subsection may not be waived, voided, or
  537  nullified by the terms of the insurance policy. If there is a
  538  right to prejudgment interest, the insured must select whether
  539  to receive prejudgment interest or interest under this
  540  subsection. Interest is payable when the claim or portion of the
  541  claim is paid, even if the payment is contingent upon a release.
  542  Failure to comply with this subsection constitutes a violation
  543  of this code. However, failure to comply with this subsection
  544  does not form the sole basis for a private cause of action.
  545         Section 13. Section 627.70151, Florida Statutes, is amended
  546  to read:
  547         627.70151 Appraisal; conflicts of interest; costs.—
  548         (1) An insurer that offers residential coverage as defined
  549  in s. 627.4025, or a policyholder that uses an appraisal clause
  550  in a property insurance contract to establish a process for
  551  estimating or evaluating the amount of loss through the use of
  552  an impartial umpire, may challenge an umpire’s impartiality and
  553  disqualify the proposed umpire only if any of the following
  554  conditions exists:
  555         (a)(1) A familial relationship within the third degree
  556  exists between the umpire and a party or a representative of a
  557  party;
  558         (b)(2) The umpire has previously represented a party in a
  559  professional capacity in the same claim or matter involving the
  560  same property;
  561         (c)(3) The umpire has represented another person in a
  562  professional capacity on the same or a substantially related
  563  matter that includes the claim, the same property or an adjacent
  564  property, and the other person’s interests are materially
  565  adverse to the interests of a party; or
  566         (d)(4) The umpire has worked as an employer or employee of
  567  a party within the preceding 5 years.
  568         (2)The insurer must bear the reasonable cost of the
  569  appraisal process under this section unless otherwise agreed by
  570  the parties.
  571         Section 14. This act shall take effect July 1, 2026.