THE BILL ITSELF
HB 863
Arbitration for Disputes with Citizens Property Insurance Corporation
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A bill to be entitled
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An act relating to arbitration for disputes with
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Citizens Property Insurance Corporation; amending s.
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627.351, F.S.; requiring notification of arbitration
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before the Division of Administrative Hearings as an
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option for dispute resolution procedures under
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Citizens Property Insurance Corporation; removing
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obsolete language; 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 an option for the insured to
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select, at the time of entering into the policy or upon renewal,
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to have disputes regarding the corporation's claim
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determinations for the resolution of disputes regarding its
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claim determinations, including disputes regarding coverage for,
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or the scope and value of, a claim, resolved through arbitration
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in a proceeding before the Division of Administrative Hearings.
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Each insured must be notified in writing, at the time of
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entering into a policy with the corporation and upon each
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renewal, that the insured must decide whether to resolve
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disputes through arbitration before the Division of
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Administrative Hearings. Such notification must be in at least
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12-point boldfaced type, immediately preceding the insured's
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signature, in substantially the following form:
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AN INSURED MUST CHOOSE AT THE TIME OF ENTERING INTO THIS POLICY
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OR UPON RENEWAL WHETHER TO RESOLVE DISPUTES THROUGH ARBITRATION
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BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS. THE INSURED MUST
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INDICATE THIS SELECTION BY MARKING "ACCEPT" OR "DECLINE" BELOW.
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THIS DECISION CANNOT BE CHANGED DURING THE TERM OF THE POLICY.
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[ ] ACCEPT
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[ ] DECLINE
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2. Any such policies are not subject to s. 627.70154. All
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arbitrations before proceedings in the Division of
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Administrative Hearings pursuant to such policies are subject to
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ss. 57.105 and 768.79 as if filed in the courts of this state
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and are not considered chapter 120 administrative proceedings.
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Rule 1.442, Florida Rules of Civil Procedure, applies to any
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offer served pursuant to s. 768.79, except that, notwithstanding
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any provision in Rule 1.442, Florida Rules of Civil Procedure,
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to the contrary, an offer shall not be served earlier than 10
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days after filing the request for hearing with the Division of
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Administrative Hearings and shall not be served later than 10
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days before the date set for the final hearing. The
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administrative law judge in such arbitrations proceedings shall
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award attorney fees and other relief pursuant to ss. 57.105 and
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768.79. The corporation may not seek, and the office may not
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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 July 1, 2026.