Recent Legislative Changes

Recent Legislative Changes

Senate Bill 7028 – My Safe Florida Home Program

Effective Date: July 1, 2024

Bill Text: Senate Bill 7028

Senate Bill 7028 makes the following changes to the My Safe Florida Home Program: 

• Prioritizes the review and approval of applications based on the following income and age criteria.

• Applications from low-income homeowners as defined in s. 420.0004, Florida Statutes, who are at least 60 years old.

• Applications from all other low-income homeowners.

• Applications from moderate-income homeowners, as defined in s. 420.0004, Florida Statutes, who are at least 60 years old.

• Applications from all other moderate-income homeowners, as defined in s. 420.0004, Florida Statutes.

• All other applications.

• Allows eligible applicants to receive an inspection without being eligible for a grant.

• Requires participants to finalize construction within one year of grant approval or to request an extension.

• Allocates an additional $200 million for the program.

House Bill 293 – Hurricane Protections for Homeowners’ Associations

Effective Date: The changes became effective on May 29, 2024, the day Governor DeSantis signed the bill.

Bill Text: House Bill 293

House Bill 293 requires that homeowners’ associations adopt hurricane protection specifications that comply with building codes.

• Requires that homeowners’ association boards or committees develop hurricane protection specifications for structures within the association.

• The homeowners’ association may adopt specifications that maintain uniformity such as color or style of the hurricane protection products.

• Prohibits homeowners’ associations from denying applications from home or unit owners for the installation, enhancement, or replacement of hurricane protections if the owner is in compliance with the association specifications.

• Hurricane protection includes, but is not limited to:

• Certain roof systems that are recognized by the Florida Building Code

• Permanent fixed storm shutters

• Roll-down track storm shutters

• Impact-resistant doors and windows

• Polycarbonate panels

• Reinforced garage doors

• Erosion controls

• Exterior fixed generators

• Fuel storage tanks

• Other hurricane protection products used to preserve and protect structures from hurricane damage

House Bill 989 – CFO Jimmy Patronis (Department of Financial Services)

Effective Date: The changes became effective on May 2, 2024, the day Governor DeSantis signed the bill.

Bill Text: House Bill 989 

House Bill 989 makes several changes related to the Department of Financial Services, including the Department’s oversight of insurance professionals and consumer protections.

Consumer Complaints

• Eligible surplus lines insurance companies must respond to consumer complaints within 14 days. Previously surplus lines insurance companies were not required to respond to the Department, although most did. If an insurance company does not respond, the Department can impose an administrative penalty of up to $5,000 per violation per company.
  

• Requires an insurance company to provide the Department with an email address to send consumer complaints and to designate a contact person for escalated complaints. 

Adjusters

• Requires licensed adjusters to identify themselves in any advertisement, solicitation, or written document based on the adjuster appointment type held.
  

• Prohibits an adjuster who has had their licensed revoked or suspended from participating in any part of an insurance claim or in the insurance claims adjusting process, including estimating, completing, filing, negotiating, appraising, mediating, umpiring, or effecting settlement of a claim for loss or damage covered under an insurance contract. A person who provides these services with a revoked or suspended license acts as an unlicensed adjuster.

House Bill 1029 - My Safe Florida Condominium Pilot Program

Effective Date: July 1, 2024

Bill Text: House Bill 1029

House Bill 1029 establishes the My Safe Florida Condominium Pilot Program.

• Provides inspections and grants for condominium associations to mitigate hurricane damage and outlines the process and requirements.

• Outlines the types of improvements eligible for grants, including opening protection and roof reinforcement.

• Requires condominium associations to match grant funds and limits the total grant amount available per association, based on the type of project.

• The state’s budget allocates $30 million for the program.

Eligibility and Voting

The properties must be located within 15 miles of a coastline to be eligible. 

• In order to apply for the grant, an association must receive both of the following:

• Approval by a majority vote of the board of administration or a majority vote of the total voting interests of the association to participate in a mitigation inspection.
  

• A unanimous vote of all unit owners within the structure or building that is the subject of the mitigation grant. 

• A unit owner may participate in the pilot program through a mitigation grant awarded to the association but may not participate individually in the pilot program.

• Before a vote of the unit owners may be taken, the association must provide the unit owners with a clear disclosure of the pilot program on a form created by the Department of Financial Services. The president and the treasurer of the board of administration must sign the disclosure form indicating that a copy of the form was provided to each unit owner. The signed disclosure form and the minutes from the meeting at which the vote was taken must be maintained as part of the official records of the association.
  

• Within 14 days after the vote to participate in the pilot program, the association must provide written notice to all unit owners of the decision to participate in the pilot program.

House Bill 1049 – Flood Disclosure in the Sale of Real Property

Effective Date: October 1, 2024

Bill Text: House Bill 1049

House Bill 1049 requires a seller to provide a flood disclosure to the purchaser of a residential property at or before the time the sales contract is executed.

The flood disclosure must include the following information:

• Statement that homeowners insurance does not include coverage for flood damage and encourages the buyer to discuss flood insurance with their agent.

• Disclose whether the seller has filed a flood insurance claim on the property.

• Disclose whether the seller has received federal assistance for flood damage to the property. 

House Bill 1503 – Citizens Property Insurance Corporation

Effective Date: July 1, 2024 with some provisions effective on May 13, 2024, the day Governor DeSantis signed the bill.

Bill Text: House Bill 1503

House Bill 1503 makes several changes related to Citizens Property Insurance Corporation: 

Surplus Lines

Allows surplus lines insurance companies that meet certain financial requirements to take out policies from Citizens for dwellings that are not primary residences or homestead properties.

The take-out insurance company must have a financial strength rating of A- or higher; a risk program managed by a Florida resident broker; and the Office of Insurance Regulation must approve the take-out plan, including its rates. 

Flood Insurance Mandates (These changes became effective on May 13, 2024, the day Governor DeSantis signed the bill.)

• Citizens policyholders who must purchase flood insurance as a condition of eligibility for Citizens are no longer required to purchase flood coverage for personal contents.  Policyholders are only required to purchase dwelling coverage to meet the Citizens flood insurance requirement. 

National Insurance Crime Bureau (NICB)

Allows Citizens to share information with the National Insurance Crime Bureau to assist in efforts to fight insurance fraud.   

House Bill 1611 – Insurance

Effective Date: July 1, 2024

Bill Text: House Bill 1611

House Bill 1611 changes several insurance regulations including those regarding policy non-renewals and cancellations, insurance data reporting, Citizens Property Insurance Corporation, and roof inspections. 

Insurance Company Data Reporting

• Requires insurance companies to provide policy and claims data to the Office of Insurance Regulation on a monthly basis. Companies currently provide data quarterly.

Insurance Company Notification of Property Insurance Policy Non-renewals

• Provides the Financial Services Commission with the authority to regulate how insurance companies will provide notice to the Office of Insurance Regulation of the non-renewal of 10,000 or more residential property insurance policies within a 12-month period. 

Citizens Property Insurance Corporation

• Removes the statutory provision that allows Citizens to charge up to 50 percent above the established Citizens rate for policyholders who previously were insured by an insurance company that was determined to be unsound or placed into receivership.
  

• Policyholders who obtained coverage through Citizens under these conditions will be subject to the Citizens rate increase limitations imposed by statute.

Roof Inspections

• This bill adds roofing contractors to the list of authorized inspectors that an insurance company may approve to conduct inspections to determine the remaining useful life of a roof.

Property Insurance Policy Cancellations and Non-renewals

Prohibits surplus lines insurance companies from cancelling or non-renewing personal or commercial residential property insurance policies that cover a dwelling or a residential property that sustained damaged in a hurricane for 90 days after the dwelling or residential property has been repaired.

The dwelling or residential property must have been subject to a declaration of emergency.

• There are exceptions to this prohibition that would allow a surplus lines insurance company to cancel or non-renew a policy before repairs have been made including: With 10 days notice to the policyholder for non-payment of premium

• With 45 days notice to the policyholder:

• For material misstatement or fraud related to the claim

• If the insurance company determines that the insured has unreasonably caused a delay in the repair of the dwelling or residential property

• If the policyholder fails to adequately respond following an insurance company’s reasonable written inquiry regarding the status of repairs

• If the insurance company has paid the policy limits

House Bill 7073 – Taxation

Effective Date: July 1, 2024

Bill Text: House Bill 7073

House Bill 7073 establishes property insurance discounts for policyholders. 

• Requires insurance companies to provide a deduction of 1.75 percent of the total premium charged on homeowners insurance policies.

• Requires insurance companies to provide a deduction of 1.75 percent of the total premium charged on personal or commercial flood policies.

• Requires insurance companies to provide a deduction on the total premium charged on residential properties in an amount equal to the State Fire Marshal regulatory assessment charged for such policy under s. 624.515, F.S.

• These deductions apply only to policies with coverage for a 12-month period and with an effective date between October 1, 2024, and September 30, 2025. The deduction amount must appear separately on the policy’s declaration page.

• Insurance companies are required to submit quarterly and annual reports to the Office of Insurance Regulation on the number of policies receiving deductions and the total amount of deductions provided by the insurance company, including information regarding the impact on homeowners insurance property policies and flood policies.

2023 Legislative Session

Senate Bill 154 – Condominium and Cooperative Associations

Effective Date: The bill outlines specific dates as to when inspections should be complete. Unless specifically stated in the bill, the changes became effective on June 9, 2023, the date Governor DeSantis signed the bill.

Bill Text: Senate Bill 154

Senate Bill 154 makes the following changes:

• These Citizens policy types are not required to have flood insurance:

• Policies that do not provide coverage for wind damage and condominium unit owners.

• Makes changes to the professionals who can conduct the condominium milestone inspection and structural integrity reserve study.

• Makes changes to what should be included in the inspection and who should arrange it.

• Outlines when the condominium milestone inspection should be conducted and notification requirements.

• Allows the local law enforcement agency to make specific decisions regarding inspections.

• Outlines requirements for reserve accounts.

• The following buildings are exempt from the inspection requirements: buildings less than three stories; single-family, two-family, or three-family dwellings with three or fewer habitable stories; any portion or component of a building not owned by the association; or any portion or component of a building that is maintained by another party.

• Outlines notification requirements regarding inspections/reports when selling the property.

Senate Bill 1002 – Motor Vehicle Glass

Effective Date: The changes became effective on May 25, 2023, the day Governor DeSantis signed the bill.

Bill Text: Senate Bill 1002

Senate Bill 1002 makes the following changes related to motor vehicle glass (windshield):

• It is a violation of law for a motor vehicle repair shop or employee to:

• Offer a rebate, gift, gift card, cash, coupon or anything of value in exchange for making an insurance claim for vehicle glass replacement or repair, including, but not limited to, calibration or recalibration. A person who is not an employee but is compensated for the solicitation of insurance claims is also prohibited from making such an offer.

• Fail to provide electronic or written notice if calibration or recalibration of the windshield is required.

• For policies issued or renewed on or after July 1, 2023, consumers are prohibited from signing over vehicle insurance benefits to a third party such as a vehicle repair shop. 

• An insurance company, agent, adjuster, or representative cannot require a consumer to use a specific company or location for windshield replacement, repair, or calibration services or windshield glass products.

• An insurance company, agent, adjuster, or representative may provide an explanation of motor vehicle comprehensive coverage benefits and any applicable limit of liability to a consumer.

• An insurance company or representative must provide an actuarially sound discount if they offer, and the consumer accepts, a policy that contains a managed repair arrangement for windshield replacement, repair, or calibration services or windshield glass products.

Senate Bill 7052 – Insurer Accountability

Effective Date: July 1, 2023

Bill Text: Senate Bill 7052

Senate Bill 7052 includes provisions to increase the accountability and the Office of Insurance Regulation’s (OIR) oversight of insurance companies in Florida.

Expand all Examinations of Insurance Companies – Conducted by OIR

 Reporting  Penalties Levied on Insurance Companies Coverage

House Bill 799 – Property Insurance

Effective Date: Except as otherwise stated, the effective date of the changes is July 1, 2023.

Bill Text: House Bill 799

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 House Bill 799 makes the following changes to property insurance:

House Bill 837 – Civil Remedies

Effective Date: These changes became effective on March 31, 2023, the day Governor DeSantis signed the bill.

Bill Text: House Bill 837

House Bill 837 changes many aspects related to civil remedies. Below are highlights of the insurance-related changes included in the bill:

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 Bad Faith Claims

 Attorney Fees

House Bill 881 – My Safe Florida Home Program

Effective Date: July 1, 2023

Bill Text: House Bill 881

House Bill 881 expands the My Safe Florida Home Program to all Florida homes that meet specified criteria. There is no longer a requirement for homes to be in the wind-borne debris region.

A homestead exemption on the eligible property must be granted.

• Townhomes are eligible to receive inspections. Grants are available for townhome’s opening protection (doors and windows). Roofs and other areas of townhomes are not eligible repairs under the program.

• Increases the insured value of eligible homes to $700,000 or less.

• Increases the allowable grant amount for low-income homeowners to $10,000.

www.MySafeFLHome.com

House Bill 1185 – Consumer Protection

Effective Date: July 1, 2023

Bill Text: House Bill 1185

House Bill 1185 makes the changes related to consumer protection: