Florida Senate - 2026                                    SB 1716
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01473-26                                           20261716__
    1                        A bill to be entitled                      
    2         An act relating to dispute resolutions involving
    3         Citizens Property Insurance Corporation; amending s.
    4         627.351, F.S.; deleting provisions relating to the
    5         authorization of dispute resolution of claim
    6         determinations in proceedings before the Division of
    7         Administrative Hearings; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (ll) of subsection (6) of section
   12  627.351, Florida Statutes, is amended to read:
   13         627.351 Insurance risk apportionment plans.—
   14         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   15         (ll)1. In addition to any other method of alternative
   16  dispute resolution authorized by state law, the corporation may
   17  adopt policy forms that provide for the resolution of disputes
   18  regarding its claim determinations, including disputes regarding
   19  coverage for, or the scope and value of, a claim, in a
   20  proceeding before the Division of Administrative Hearings. Any
   21  such policies are not subject to s. 627.70154. All proceedings
   22  in the Division of Administrative Hearings pursuant to such
   23  policies are subject to ss. 57.105 and 768.79 as if filed in the
   24  courts of this state and are not considered chapter 120
   25  administrative proceedings. Rule 1.442, Florida Rules of Civil
   26  Procedure, applies to any offer served pursuant to s. 768.79,
   27  except that, notwithstanding any provision in Rule 1.442,
   28  Florida Rules of Civil Procedure, to the contrary, an offer
   29  shall not be served earlier than 10 days after filing the
   30  request for hearing with the Division of Administrative Hearings
   31  and shall not be served later than 10 days before the date set
   32  for the final hearing. The administrative law judge in such
   33  proceedings shall award attorney fees and other relief pursuant
   34  to ss. 57.105 and 768.79. The corporation may not seek, and the
   35  office may not approve, a maximum hourly rate for attorney fees.
   36         2. The corporation may contract with the division to
   37  conduct proceedings to resolve disputes regarding its claim
   38  determinations as may be provided for in the applicable policies
   39  of insurance. This subparagraph expires July 1, 2026.
   40         Section 2. This act shall take effect upon becoming a law.