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