THE BILL ITSELF
CS/HB 767
Residential Property Insurance
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A bill to be entitled
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An act relating to residential property insurance;
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amending s. 627.0621, F.S.; requiring the Office of
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Insurance Regulation to establish and maintain a
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comprehensive resource center on its website;
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providing requirements for the resource center;
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specifying that certain information is not a trade
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secret and is not subject to certain public records
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exemptions; requiring residential property insurers to
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provide notice of the comprehensive resource center on
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the office's website with any offer of coverage and
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policy renewal; amending s. 627.7011, F.S.;
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prohibiting an insurer from including the value of
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certain land when establishing a homeowner's policy
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coverage amount or adjusting certain claims; providing
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construction; amending s. 627.711, F.S.; providing
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that the notice of premium discounts for hurricane
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loss mitigation must include information about whether
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the insurer offers enhanced discounts for roof systems
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that use a secondary water resistance; amending s.
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627.7142, F.S.; conforming a cross-reference;
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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. Subsection (2) of section 627.0621, Florida
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Statutes, is amended, and subsection (3) is added to that
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section, to read:
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627.0621 Transparency in rate regulation.—
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(2) WEBSITE FOR PUBLIC ACCESS TO RATE FILING INFORMATION.—
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(a) The office shall establish and maintain a
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comprehensive resource center on its website which uses concise
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and plain language to aid consumers in their understanding of
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insurance. The website must include substantive information on
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the current and historical dynamics of the market, data
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concerning the financial condition and market conduct of
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insurance companies, and insurance options available to
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consumers. At a minimum, the website must contain the following:
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1. Reports, using graphic information whenever possible,
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which outline information about the state of the market and
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adverse and positive trends affecting it.
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2. Tools that aid consumers in finding insurers,
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including, but not limited to, a listing of all companies
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actively doing business in this state which includes each
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company's address, website, and all telephone numbers and e-mail
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addresses to be used by insureds and applicants for coverage.
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3. Tools that aid consumers in selecting the coverages
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beneficial to them, including, but not limited to:
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a. Educational materials that explain the types of
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coverage in residential property insurance policies; the
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difference between replacement cost reimbursement and actual
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cash value reimbursement; a glossary of common terms used in
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policies; and a comparison of the coverage, terms, conditions,
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and exclusions contained in different homeowners' and dwelling
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fire forms.
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b. Answers to commonly asked questions about residential
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property insurance coverage.
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4. Information about mitigation credits and the My Safe
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Florida Home Program, as well as other credits and discounts
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insurers may offer beyond wind mitigation.
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5. Access to annual statements, market conduct
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information, all major adverse findings by the office for the
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previous 3 calendar years, and other information related to each
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insurer.
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6. Information on the Citizens Property Insurance
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Corporation take-out process, the clearinghouse program, and the
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general information as reported by the office.
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7. Information on the claim process, including, but not
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limited to:
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a. Clear, step-by-step guidance on how to file a claim,
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what to expect during the claim process, and timelines for
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resolution of a claim.
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b. The obligations of insurers and insureds related to
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claims reporting, claims handling, communications regarding
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claims, claim investigations, claims decisions, and claims
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payments.
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c. For each insurer with active policies in this state,
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the means by which to report a claim, including any telephone
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numbers, e-mail addresses, or website addresses used for claims
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reporting.
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8. Information on consumer protection, including, but not
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limited to:
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a. The rights of insureds under Florida law related to
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coverage; coverage renewals, nonrenewals, and cancellations; and
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mandated offers of coverage.
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b. Contact information, including a telephone number,
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hours of service, and an e-mail address, for the Division of
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Consumer Services of the department, and information on how to
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file consumer complaints with the division.
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9. Information on news and updates relevant to consumers
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regarding this state's residential property insurance market,
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including regulatory changes, information on insurers that enter
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or exit the market, and industry trends.
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10. Information on disaster preparedness directly related
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to insurance, prepared by the office or by the Division of
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Emergency Management.
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11.(a) With respect to any residential property rate
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filing, the office shall provide the following information on a
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publicly accessible Internet website:
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a.1. The overall rate change requested by the insurer.
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b.2. The rate change approved by the office along with all
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of the actuary's assumptions and recommendations forming the
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basis of the office's decision.
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c.3. Certification by the office's actuary that, based on
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the actuary's knowledge, his or her recommendations are
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consistent with accepted actuarial principles.
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d. Whether the insurer uses affiliated entities to perform
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administrative, claims handling, or other functions of the
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insurer and, if so, the total percentage of direct written
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premium paid to the affiliated entities by the insurer in the
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preceding calendar year.
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(b) For any rate filing, regardless of whether or not the
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filing is subject to a public hearing, the office shall provide
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on its website a means for any policyholder who may be affected
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by a proposed rate change to send an e-mail regarding the
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proposed rate change. Such e-mail must be accessible to the
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actuary assigned to review the rate filing.
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(c) The statewide average requested rate change and final
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approved statewide average rate change within a filing is not a
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trade secret as defined in s. 688.002 or s. 812.081(1) and is
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not subject to the public records exemption for trade secrets
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provided in s. 119.0715 or s. 624.4213.
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(d) County rating examples submitted to the office through
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the rate collection system for the purpose of displaying rates
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on the office website are not a trade secret as defined in s.
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688.002 or s. 812.081(1) and are not subject to the public
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records exemption for trade secrets provided in s. 119.0715 or
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s. 624.4213.
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(3) NOTICE OF COMPREHENSIVE RESOURCE CENTER.—Along with
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each offer of residential property insurance coverage and at
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each renewal of such coverage, the insurer must provide notice
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of the comprehensive resource center on the office's website,
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required under subsection (2), which must include the website
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address and a quick response code for the website.
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Section 2. Subsections (5) and (6) of section 627.7011,
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Florida Statutes, are renumbered as subsections (6) and (7),
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respectively, and a new subsection (5) is added to that section,
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to read:
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627.7011 Homeowners' policies; offer of replacement cost
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coverage and law and ordinance coverage.—
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(5) When establishing the coverage amount or adjusting a
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claim for a dwelling or other structure under a homeowner's
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insurance policy, an insurer may not include the value of the
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land on which such dwelling or structure is located. This
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subsection may not be construed to permit inclusion of the value
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of land for dwellings or structures located on the shoreline,
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surrounded in whole or in part by a body of water, or on land
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formed or altered by erosion or accretion.
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Section 3. Subsection (1) of section 627.711, Florida
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Statutes, is amended to read:
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627.711 Notice of premium discounts for hurricane loss
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mitigation; uniform mitigation verification inspection form.—
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(1) Using a form prescribed by the Office of Insurance
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Regulation, the insurer shall clearly notify the applicant or
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policyholder of any personal lines residential property
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insurance policy, at the time of the issuance of the policy and
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at each renewal, of the availability and the range of each
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premium discount, credit, other rate differential, or reduction
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in deductibles, and combinations of discounts, credits, rate
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differentials, or reductions in deductibles, for properties on
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which fixtures or construction techniques demonstrated to reduce
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the amount of loss in a windstorm can be or have been installed
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or implemented. The prescribed form shall describe generally
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what actions the policyholders may be able to take to reduce
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their windstorm premium. The prescribed form and a list of such
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ranges approved by the office for each insurer licensed in the
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state and providing such discounts, credits, other rate
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differentials, or reductions in deductibles for properties
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described in this subsection shall be available for electronic
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viewing and download from the Department of Financial Services'
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or the Office of Insurance Regulation's Internet website. The
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prescribed form must also notify the applicant or policyholder
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if the insurer offers an enhanced discount for a roof system
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that uses a secondary water resistance, and the form must
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generally list the amount of discount by type of secondary water
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resistance. The Financial Services Commission may adopt rules to
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implement this subsection.
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Section 4. Section 627.7142, Florida Statutes, is amended
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to read:
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627.7142 Homeowner Claims Bill of Rights.—An insurer
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issuing a personal lines residential property insurance policy
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in this state must provide a Homeowner Claims Bill of Rights to
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a policyholder within 14 days after receiving an initial
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communication with respect to a claim. The purpose of the bill
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of rights is to summarize, in simple, nontechnical terms,
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existing Florida law regarding the rights of a personal lines
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residential property insurance policyholder who files a claim of
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loss. The Homeowner Claims Bill of Rights is specific to the
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claims process and does not represent all of a policyholder's
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rights under Florida law regarding the insurance policy. The
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Homeowner Claims Bill of Rights does not create a civil cause of
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action by any individual policyholder or class of policyholders
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against an insurer or insurers. The failure of an insurer to
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properly deliver the Homeowner Claims Bill of Rights is subject
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to administrative enforcement by the office but is not
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admissible as evidence in a civil action against an insurer. The
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Homeowner Claims Bill of Rights does not enlarge, modify, or
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contravene statutory requirements, including, but not limited
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to, ss. 626.854, 626.9541, 627.70131, 627.7015, and 627.7074,
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and does not prohibit an insurer from exercising its right to
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repair damaged property in compliance with the terms of an
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applicable policy or ss. 627.7011(7)(e) and 627.702(7) ss.
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627.7011(6)(e) and 627.702(7). The Homeowner Claims Bill of
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Rights must state:
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HOMEOWNER CLAIMS
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BILL OF RIGHTS
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This Bill of Rights is specific to the claims process
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and does not represent all of your rights under
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Florida law regarding your policy. There are also
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exceptions to the stated timelines when conditions are
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beyond your insurance company's control. This document
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does not create a civil cause of action by an
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individual policyholder, or a class of policyholders,
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against an insurer or insurers and does not prohibit
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an insurer from exercising its right to repair damaged
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property in compliance with the terms of an applicable
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policy.
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YOU HAVE THE RIGHT TO:
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1. Receive from your insurance company an
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acknowledgment of your reported claim within 7 days
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after the time you communicated the claim.
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2. Upon written request, receive from your insurance
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company within 30 days after you have submitted a
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complete proof-of-loss statement to your insurance
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company, confirmation that your claim is covered in
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full, partially covered, or denied, or receive a
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written statement that your claim is being
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investigated.
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3. Receive from your insurance company a copy of any
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detailed estimate of the amount of the loss within 7
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days after the estimate is generated by the insurance
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company's adjuster.
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4. Within 60 days, subject to any dual interest noted
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in the policy, receive full settlement payment for
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your claim or payment of the undisputed portion of
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your claim, or your insurance company's denial of your
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claim.
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5. Receive payment of interest, as provided in s.
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627.70131, Florida Statutes, from your insurance
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company, which begins accruing from the date your
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claim is filed if your insurance company does not pay
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full settlement of your initial, reopened, or
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supplemental claim or the undisputed portion of your
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claim or does not deny your claim within 60 days after
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your claim is filed. The interest, if applicable, must
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be paid when your claim or the undisputed portion of
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your claim is paid.
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6. Free mediation of your disputed claim by the
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Florida Department of Financial Services, Division of
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Consumer Services, under most circumstances and
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subject to certain restrictions.
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7. Neutral evaluation of your disputed claim, if your
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claim is for damage caused by a sinkhole and is
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covered by your policy.
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8. Contact the Florida Department of Financial
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Services, Division of Consumer Services' toll-free
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helpline for assistance with any insurance claim or
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questions pertaining to the handling of your claim.
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You can reach the Helpline by phone at ...(toll-free
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phone number)..., or you can seek assistance online at
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the Florida Department of Financial Services, Division
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of Consumer Services' website at ...(website
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address)....
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YOU ARE ADVISED TO:
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1. File all claims directly with your insurance
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company.
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2. Contact your insurance company before entering
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into any contract for repairs to confirm any managed
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repair policy provisions or optional preferred
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vendors.
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3. Make and document emergency repairs that are
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necessary to prevent further damage. Keep the damaged
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property, if feasible, keep all receipts, and take
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photographs or video of damage before and after any
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repairs to provide to your insurer.
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4. Carefully read any contract that requires you to
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pay out-of-pocket expenses or a fee that is based on a
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percentage of the insurance proceeds that you will
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receive for repairing or replacing your property.
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5. Confirm that the contractor you choose is licensed
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to do business in Florida. You can verify a
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contractor's license and check to see if there are any
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complaints against him or her by calling the Florida
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Department of Business and Professional Regulation.
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You should also ask the contractor for references from
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previous work.
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6. Require all contractors to provide proof of
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insurance before beginning repairs.
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7. Take precautions if the damage requires you to leave
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your home, including securing your property; and turning off
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your gas, water, and electricity;, and contacting your insurance
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company; and providing provide a phone number where you can be
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reached.
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Section 5. This act shall take effect July 1, 2026.