Florida 2023 2nd Special Session

Florida House Bill H0015 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 15B 2023B
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8	8	hb0015b-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to insurance; creating s. 11.91, F.S.; 2
16	16	creating the Property Insurance Commission; providing 3
17	17	for membership of the commission; providing powers and 4
18	18	duties of the commission; amending s. 20.121, F.S.; 5
19	19	providing for the election of the Commis sioner of 6
20	20	Insurance Regulation; providing terms for the 7
21	21	commissioner; conforming provisions to changes made by 8
22	22	the act; creating s. 112.3134, F.S.; prohibiting the 9
23	23	commissioner from engaging in certain activities or 10
24	24	employment for a specified period after leaving 11
25	25	office; providing sanctions for violations; 12
26	26	authorizing specified entities to collect penalties; 13
27	27	amending s. 215.5586, F.S.; revising homeowners' 14
28	28	eligibility criteria for mitigation grants under the 15
29	29	My Safe Florida Home Program; amending s. 494.002 6, 16
30	30	F.S.; requiring interests earned on insurance proceeds 17
31	31	received by mortgagees and assignees to be paid to 18
32	32	insureds; amending s. 624.401, F.S.; prohibiting 19
33	33	property insurers from claiming insolvency under 20
34	34	specified circumstances; authorizing persons who 21
35	35	engage in property insurance activities in other 22
36	36	states to engage in insurance activities in this state 23
37	37	under certain circumstances; amending s. 627.0629, 24
38	38	F.S.; requiring residential property insurers to 25
39	39
40	40	HB 15B 2023B
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	release specified information to insureds upon 26
52	52	request; amending s. 627.701, F.S.; prohibiting 27
53	53	property insurers from using certain defenses as 28
54	54	claims denials; amending s. 627.715, F.S.; requiring 29
55	55	insurance agents to advise insurance applicants of 30
56	56	flood risk; amending s. 627.7152, F.S.; revising 31
57	57	requirements for risk assignment agreements; creating 32
58	58	s. 627.7155, F.S.; providing duties of the Office of 33
59	59	Insurance Regulation; requiring the Department of 34
60	60	Financial Services to adopt rules regarding 35
61	61	allegations of insurance fraud made by insurers or 36
62	62	their employees or contractors; providing requirements 37
63	63	for such rules; providing fines; requiring the Office 38
64	64	of Program Policy Analysis and Government 39
65	65	Accountability to conduct a study of effectiveness of 40
66	66	the property insurance mediation program; providing 41
67	67	requirements for the study; requiring a report to the 42
68	68	Legislature; amending chapter 2022 -268, Laws of 43
69	69	Florida; increasing an appropriation to the My Safe 44
70	70	Florida Home Program; providing an effective date. 45
71	71	46
72	72	Be It Enacted by the Legislature of the State of Florida: 47
73	73	48
74	74	Section 1. Section 11.91, Florida Statutes, is created to 49
75	75	read: 50
76	76
77	77	HB 15B 2023B
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	11.91 Property Insurance Commission. — 51
89	89	(1)(a) There is created the Property Insurance Commission, 52
90	90	which shall consist of six members: 53
91	91	1. Two members appointed by the President of the S enate. 54
92	92	2. One member appointed by the Minority Leader of the 55
93	93	Senate. 56
94	94	3. Two members appointed by the Speaker of the House of 57
95	95	Representatives. 58
96	96	4. One member appointed by the House Minority Leader. 59
97	97	(b) Each member shall serve at the pleasure of the officer 60
98	98	who appointed the member. A vacancy on the commission shall be 61
99	99	filled in the same manner as the original appointment. From 62
100	100	November of each odd -numbered year through October of each even -63
101	101	numbered year, the chair of the commission shall be appointed by 64
102	102	the President of the Senate, and the vice chair of the 65
103	103	commission shall be appointed by the Speaker of the House of 66
104	104	Representatives. From November of each even -numbered year 67
105	105	through October of each odd -numbered year, the chair of the 68
106	106	commission shall be appointed by the Speaker of the House of 69
107	107	Representatives, and the vice chair of the commission shall be 70
108	108	appointed by the President of the Senate. The terms of members 71
109	109	shall be for 2 years and shall run from the organization of one 72
110	110	Legislature to the orga nization of the next Legislature. 73
111	111	(2) The commission shall be governed by joint rules of the 74
112	112	Senate and the House of Representatives, which shall remain in 75
113	113
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	effect until repealed or amended by concurrent resolution. 76
126	126	(3) The commission may conduct its me etings through 77
127	127	teleconferences or other similar means. 78
128	128	(4) The commission shall be staffed by legislative staff 79
129	129	members, as assigned by the President of the Senate and the 80
130	130	Speaker of the House of Representatives. 81
131	131	(5) The commission has the power and du ty to: 82
132	132	(a) Review and evaluate the insurance marketplace and 83
133	133	studies of the various insurance markets. 84
134	134	(b) Review and comment on market data produced by the 85
135	135	Office of Insurance Regulation. 86
136	136	(c) Review and comment on the setting of reserve 87
137	137	requirements for insurers. 88
138	138	(d) Exercise all other powers and perform any other duties 89
139	139	prescribed by the Legislature. 90
140	140	Section 2. Paragraphs (a) and (d) of subsection (3) of 91
141	141	section 20.121, Florida Statutes, are amended to read: 92
142	142	20.121 Department of Financial Se rvices.—There is created 93
143	143	a Department of Financial Services. 94
144	144	(3) FINANCIAL SERVICES COMMISSION. —Effective January 7, 95
145	145	2003, there is created within the Department of Financial 96
146	146	Services the Financial Services Commission, composed of the 97
147	147	Governor, the Attorney General, the Chief Financial Officer, and 98
148	148	the Commissioner of Agriculture, which shall for purposes of 99
149	149	this section be referred to as the commission. Commission 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	members shall serve as agency head of the Financial Services 101
163	163	Commission. The commission sha ll be a separate budget entity and 102
164	164	shall be exempt from the provisions of s. 20.052. Commission 103
165	165	action shall be by majority vote consisting of at least three 104
166	166	affirmative votes. The commission shall not be subject to 105
167	167	control, supervision, or direction by th e Department of 106
168	168	Financial Services in any manner, including purchasing, 107
169	169	transactions involving real or personal property, personnel, or 108
170	170	budgetary matters. 109
171	171	(a) Structure.—The major structural unit of the commission 110
172	172	is the office. Each office shall be head ed by a director. The 111
173	173	following offices are established: 112
174	174	1. The Office of Insurance Regulation, which shall be 113
175	175	responsible for all activities concerning insurers and other 114
176	176	risk bearing entities, including licensing, rates, policy forms, 115
177	177	market conduct, claims, issuance of certificates of authority, 116
178	178	solvency, viatical settlements, premium financing, and 117
179	179	administrative supervision, as provided under the insurance code 118
180	180	or chapter 636. The head of the Office of Insurance Regulation 119
181	181	is the Director of the Offi ce of Insurance Regulation, who may 120
182	182	also be known as the Commissioner of Insurance Regulation. 121
183	183	Beginning with the General Election in 2024, the Commissioner of 122
184	184	Insurance Regulation shall be elected. The commissioner elected 123
185	185	in 2024 shall serve a term of 2 years; thereafter, the 124
186	186	commissioner shall serve a term of 4 years. 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	2. The Office of Financial Regulation, which shall be 126
200	200	responsible for all activities of the Financial Services 127
201	201	Commission relating to the regulation of banks, credit unions, 128
202	202	other financial institutions, finance companies, and the 129
203	203	securities industry. The head of the office is the Director of 130
204	204	the Office of Financial Regulation, who may also be known as the 131
205	205	Commissioner of Financial Regulation. The Office of Financial 132
206	206	Regulation shall inclu de a Bureau of Financial Investigations, 133
207	207	which shall function as a criminal justice agency for purposes 134
208	208	of ss. 943.045-943.08 and shall have a separate budget. The 135
209	209	bureau may conduct investigations within or outside this state 136
210	210	as the bureau deems necessary to aid in the enforcement of this 137
211	211	section. If, during an investigation, the office has reason to 138
212	212	believe that any criminal law of this state has or may have been 139
213	213	violated, the office shall refer any records tending to show 140
214	214	such violation to state or feder al law enforcement or 141
215	215	prosecutorial agencies and shall provide investigative 142
216	216	assistance to those agencies as required. 143
217	217	(d) Appointment and qualifications of directors. —The 144
218	218	commission shall appoint or remove each director , other than the 145
219	219	Commissioner of Insurance Regulation, by a majority vote 146
220	220	consisting of at least three affirmative votes, with both the 147
221	221	Governor and the Chief Financial Officer on the prevailing side. 148
222	222	The minimum qualifications of the directors , other than the 149
223	223	Commissioner of Insurance Reg ulation, are as follows: 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	1. Prior to appointment as director, the Director of the 151
237	237	Office of Insurance Regulation must have had, within the 152
238	238	previous 10 years, at least 5 years of responsible private 153
239	239	sector experience working full time in areas within the scope of 154
240	240	the subject matter jurisdiction of the Office of Insurance 155
241	241	Regulation or at least 5 years of experience as a senior 156
242	242	examiner or other senior employee of a state or federal agency 157
243	243	having regulatory responsibility over insurers or insurance 158
244	244	agencies. 159
245	245	2. Prior to appointment as director, the Director of the 160
246	246	Office of Financial Regulation must have had, within the 161
247	247	previous 10 years, at least 5 years of responsible private 162
248	248	sector experience working full time in areas within the subject 163
249	249	matter jurisdiction of the Office of Financial Regulation or at 164
250	250	least 5 years of experience as a senior examiner or other senior 165
251	251	employee of a state or federal agency having regulatory 166
252	252	responsibility over financial institutions, finance companies, 167
253	253	or securities companies . 168
254	254	Section 3. Section 112.3134, Florida Statutes, is created 169
255	255	to read: 170
256	256	112.3134 Commissioner of Insurance Regulation; Office of 171
257	257	Insurance Regulation. — 172
258	258	(1) A person who has served as Commissioner of Insurance 173
259	259	Regulation may not: 174
260	260	(a) Personally repre sent another person or entity for 175
261	261
262	262	HB 15B 2023B
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	compensation before the Office of Insurance Regulation; or 176
274	274	(b) Serve as an employee or contractor of an entity 177
275	275	regulated by the Office of Insurance Regulation 178
276	276	179
277	277	for a period of 7 years after vacating that office. 180
278	278	(2) A person who violates subsection (1) may be punished 181
279	279	by: 182
280	280	(a) Public censure and reprimand; 183
281	281	(b) A civil penalty not to exceed $10,000; or 184
282	282	(c) Forfeiture of any pecuniary benefits received for 185
283	283	conduct that violates this section. The amount of the pecunia ry 186
284	284	benefits must be paid to the General Revenue Fund. 187
285	285	(3) The Attorney General and Chief Financial Officer are 188
286	286	independently authorized to collect any penalty imposed under 189
287	287	this section. 190
288	288	Section 4. Paragraph (a) of subsection (2) of section 191
289	289	215.5586, Florida Statutes, is amended to read: 192
290	290	215.5586 My Safe Florida Home Program. —There is 193
291	291	established within the Department of Financial Services the My 194
292	292	Safe Florida Home Program. The department shall provide fiscal 195
293	293	accountability, contract management, and strategic leadership 196
294	294	for the program, consistent with this section. This section does 197
295	295	not create an entitlement for property owners or obligate the 198
296	296	state in any way to fund the inspection or retrofitting of 199
297	297	residential property in this state. Implementatio n of this 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	program is subject to annual legislative appropriations. It is 201
311	311	the intent of the Legislature that the My Safe Florida Home 202
312	312	Program provide trained and certified inspectors to perform 203
313	313	inspections for owners of site -built, single-family, residential 204
314	314	properties and grants to eligible applicants as funding allows. 205
315	315	The program shall develop and implement a comprehensive and 206
316	316	coordinated approach for hurricane damage mitigation that may 207
317	317	include the following: 208
318	318	(2) MITIGATION GRANTS. —Financial grants sha ll be used to 209
319	319	encourage single-family, site-built, owner-occupied, residential 210
320	320	property owners to retrofit their properties to make them less 211
321	321	vulnerable to hurricane damage. 212
322	322	(a) For a homeowner to be eligible for a grant, the 213
323	323	following criteria must be m et: 214
324	324	1. The homeowner must have been granted a homestead 215
325	325	exemption on the home under chapter 196. 216
326	326	2. The home must be a dwelling with an insured value of 217
327	327	$500,000 or less. Homeowners who are low -income persons, as 218
328	328	defined in s. 420.0004(11), are exempt from this requirement. 219
329	329	3. The home must have undergone an acceptable hurricane 220
330	330	mitigation inspection after July 1, 2008. 221
331	331	4. The home must be located in the "wind -borne debris 222
332	332	region" as that term is defined in the Florida Building Code . 223
333	333	4.5. The building permit application for initial 224
334	334	construction of the home must have been made before January 1, 225
335	335
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	2008. 226
348	348	6. The homeowner must agree to make his or her home 227
349	349	available for inspection once a mitigation project is completed. 228
350	350	229
351	351	An application for a grant must contain a signed or 230
352	352	electronically verified statement made under penalty of perjury 231
353	353	that the applicant has submitted only a single application and 232
354	354	must have attached documents demonstrating the applicant meets 233
355	355	the requirements of this paragraph. 234
356	356	Section 5. Subsection (2) of section 494.0026, Florida 235
357	357	Statutes, is amended to read: 236
358	358	494.0026 Disposition of insurance proceeds. —The following 237
359	359	provisions apply to mortgage loans held by a mortgagee or 238
360	360	assignee that is subject to part II or part III of this ch apter. 239
361	361	(2)(a) Insurance proceeds received by a mortgagee or 240
362	362	assignee that relate to compensation for damage to property or 241
363	363	contents insurance coverage in which the mortgagee or assignee 242
364	364	has a security interest must be promptly deposited into a 243
365	365	segregated account of a federally insured financial institution. 244
366	366	(b) Any interest earned on insurance proceeds received by 245
367	367	a mortgagee or assignee that relate to compensation for damage 246
368	368	to property or contents insurance coverage in which the 247
369	369	mortgagee or assignee has a security interest must be paid to 248
370	370	the insured. 249
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	This section may not be construed to prevent an insurance 251
385	385	company from paying the insured directly for additional living 252
386	386	expenses or paying the insured directly for contents insurance 253
387	387	coverage if the mortgagee or assignee does not have a security 254
388	388	interest in the contents. 255
389	389	Section 6. Subsection (5) is added to section 624.401, 256
390	390	Florida Statutes, to read: 257
391	391	624.401 Certificate of authority required. — 258
392	392	(5)(a) A property insurer may not claim insolvency in this 259
393	393	state if the insurer still acts as an insurer, transacts 260
394	394	insurance, or otherwise engages in insurance activities in any 261
395	395	state other than this state, regardless whether or not these 262
396	396	insurance activities are property insurance activities. 263
397	397	(b) Effective January 1, 2024, any person who acts as a 264
398	398	property insurer, transacts property insurance, or otherwise 265
399	399	engages in property insurance activities in any state other than 266
400	400	this state may act as an insurer, transact insurance, or 267
401	401	otherwise engage in insura nce activities in this state only if 268
402	402	that person does not exclude property insurance from the 269
403	403	person's insurance transactions or activities. 270
404	404	Section 7. Subsection (9) is added to section 627.0629, 271
405	405	Florida Statutes, to read: 272
406	406	627.0629 Residential prope rty insurance; rate filings. — 273
407	407	(9) An insurer must release to an insured all information 274
408	408	relating to an inspection or an underwriting report upon the 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	insured's request. 276
422	422	Section 8. Subsection (11) is added to section 627.701, 277
423	423	Florida Statutes, to read: 278
424	424	627.701 Liability of insureds; coinsurance; deductibles ; 279
425	425	prohibited denials of claims .— 280
426	426	(11) A property insurer that issues or renews an insurance 281
427	427	policy or contract covering real property in this state on or 282
428	428	after January 1, 2024, may not use a prope rty's preexisting 283
429	429	condition, a date of loss that predates the date of a claim, or 284
430	430	faulty installation or workmanship as a defense for denying a 285
431	431	claim. 286
432	432	Section 9. Subsection (8) of section 627.715, Florida 287
433	433	Statutes, is amended to read: 288
434	434	627.715 Flood insurance.—An authorized insurer may issue 289
435	435	an insurance policy, contract, or endorsement providing personal 290
436	436	lines residential coverage for the peril of flood or excess 291
437	437	coverage for the peril of flood on any structure or the contents 292
438	438	of personal property con tained therein, subject to this section. 293
439	439	This section does not apply to commercial lines residential or 294
440	440	commercial lines nonresidential coverage for the peril of flood. 295
441	441	An insurer may issue flood insurance policies, contracts, 296
442	442	endorsements, or excess cover age on a standard, preferred, 297
443	443	customized, flexible, or supplemental basis. 298
444	444	(8)(a) An agent must provide a written notice to be signed 299
445	445	by every the applicant advising the applicant of flood risk. 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	(b) If before the agent places flood insurance coverage 301
459	459	with an admitted or surplus lines insurer for a property 302
460	460	receiving flood insurance under the National Flood Insurance 303
461	461	Program, the agent must also provide to the applicant, before 304
462	462	placing new flood coverage for the property, a written . the 305
463	463	notice notifying must notify the applicant that, if the 306
464	464	applicant discontinues coverage under the National Flood 307
465	465	Insurance Program which is provided at a subsidized rate, the 308
466	466	full risk rate for flood insurance may apply to the property if 309
467	467	the applicant later seeks to reins tate coverage under the 310
468	468	program. 311
469	469	Section 10. Paragraph (a) of subsection (2) of section 312
470	470	627.7152, Florida Statutes, is amended to read: 313
471	471	627.7152 Assignment agreements. — 314
472	472	(2)(a) An assignment agreement must: 315
473	473	1. Be executed under a residential property insurance 316
474	474	policy or under a commercial property insurance policy as that 317
475	475	term is defined in s. 627.0625(1), issued on or after July 1, 318
476	476	2019, and before January 1, 2023. 319
477	477	2. Be in writing and executed by and between the assignor 320
478	478	and the assignee. 321
479	479	3. Contain a provision that allows the assignor to rescind 322
480	480	the assignment agreement without a penalty or fee by submitting 323
481	481	a written notice of rescission signed by the assignor to the 324
482	482	assignee within 14 days after the execution of the agreement, at 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
494	494
495	495	least 30 days after the date work on the property is scheduled 326
496	496	to commence if the assignee has not substantially performed, or 327
497	497	at least 30 days after the execution of the agreement if the 328
498	498	agreement does not contain a commencement date and the assignee 329
499	499	has not begun substantial work on the property. 330
500	500	4. Contain a provision requiring the assignee to provide a 331
501	501	copy of the executed assignment agreement to the insurer within 332
502	502	3 business days after the date on which the assignment agreement 333
503	503	is executed or the date on which work begins, whichever is 334
504	504	earlier. Delivery of the copy of the assignment agreement to the 335
505	505	insurer may be made: 336
506	506	a. By personal service, overnight delivery, or electronic 337
507	507	transmission, with evidence of delivery in the form of a receipt 338
508	508	or other paper or electronic acknowledgment by the insurer; or 339
509	509	b. To the location designated for receipt of such 340
510	510	agreements as specified in the policy. 341
511	511	5. Contain a written, itemized, per -unit cost estimate of 342
512	512	the services to be performed by the assignee. 343
513	513	6. Relate only to work to be performed by the assignee for 344
514	514	services to protect, repair, restore, or replace a dwelling or 345
515	515	structure or to mitigate against further damage to such 346
516	516	property. 347
517	517	7. Contain the following notice in 18 -point uppercase and 348
518	518	boldfaced type: 349
519	519	YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532	532	INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN 351
533	533	LITIGATION AGAINST YOUR INSURER. PLEASE READ AND UNDERSTAND THIS 352
534	534	DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO CANCEL THIS 353
535	535	AGREEMENT WITHOUT PENALTY WITHIN 14 DAYS AFTER THE DATE THIS 354
536	536	AGREEMENT IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON 355
537	537	THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT 356
538	538	SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE EXECUTION 357
539	539	OF THE AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN A 358
540	540	COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT BEGUN SUBSTANTIAL 359
541	541	WORK ON THE PROPERTY. HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF 360
542	542	ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. 361
543	543	THIS AGREEMENT DOES NOT CHAN GE YOUR OBLIGATION TO PERFORM THE 362
544	544	DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY. 363
545	545	8. Contain a notice in 18 -point uppercase and boldfaced 364
546	546	type disclosing that the assignee is prohibited from taking any 365
547	547	legal action without the assignor's permission , including, but 366
548	548	not limited to, making a presuit settlement demand or presuit 367
549	549	settlement offer. 368
550	550	9.8. Contain a provision requiring the assignee to 369
551	551	indemnify and hold harmless the assignor from all liabilities, 370
552	552	damages, losses, and costs, including, but not limited to, 371
553	553	attorney fees. 372
554	554	Section 11. Section 627.7155, Florida Statutes, is created 373
555	555	to read: 374
556	556	627.7155 Office rulemaking. —By January 1, 2024, the office 375
557	557
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	must adopt rules: 376
570	570	(1) Requiring that, each time a legislation creating or 377
571	571	amending law to reform property insurance takes effect, property 378
572	572	insurers must offer mandatory premium rate reduction for their 379
573	573	insureds. 380
574	574	(2) Ensuring that insurance fraud committed by any person 381
575	575	can be easily reported, investigated, and, if necessary, 382
576	576	prosecuted. 383
577	577	(3) Redetermining flood zones statewide for use when 384
578	578	assigning flood risks. 385
579	579	Section 12. The Department of Financial Services shall, no 386
580	580	later than October 1, 2023, adopt rules regarding any allegation 387
581	581	made by an insurer or an employee or contractor thereof of 388
582	582	insurance fraud in violation of any provision listed in s. 389
583	583	626.9892(2), Florida Statutes. Such rules must include 390
584	584	requirements that: 391
585	585	(1) The Division of Investigative and Forensic Services in 392
586	586	the Department of Financial Services must be informed by a n 393
587	587	insurer of any such allegation. 394
588	588	(2) The department shall promptly investigate such 395
589	589	allegations. 396
590	590	(3) If the department determines that there was no fraud, 397
591	591	the insurer alleging such fraud may be appropriately sanctioned 398
592	592	by a fine of up to $100,000. 399
593	593	(4) All documents relating to such sanctions shall be 400
594	594
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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606	606	public records. 401
607	607	Section 13. (1) The Office of Program Policy Analysis and 402
608	608	Government Accountability (OPPAGA) shall conduct a study to 403
609	609	evaluate the effectiveness of the property insurance mediation 404
610	610	program provided pursuant to s. 627.7015, Florida Statutes. The 405
611	611	study's scope must include, but need not be limited to: 406
612	612	(a) Improvements in the public's awareness of the program 407
613	613	and the advantages of participation in the program. 408
614	614	(b) Program resource n eeds. 409
615	615	(2) The study must include recommendations for any changes 410
616	616	needed to improve the efficiency of the program to maximize its 411
617	617	usefulness as an alternative to litigation. 412
618	618	(3) In conducting the study, OPPAGA shall consult with the 413
619	619	Department of Financ ial Services, insurers, and organizations 414
620	620	representing insurance consumers. 415
621	621	(4) OPPAGA shall submit a report on its findings to the 416
622	622	President of the Senate and the Speaker of the House of 417
623	623	Representatives by December 1, 2023. 418
624	624	Section 14. Section 4 of chapter 2022-268, Laws of 419
625	625	Florida, is amended to read: 420
626	626	Section 4. (1) For the 2022 -2023 fiscal year, the sum of 421
627	627	$300 $150 million in nonrecurring funds is appropriated from the 422
628	628	General Revenue Fund to the Department of Financial Services for 423
629	629	the My Safe Florida Home Program. The funds shall be placed in 424
630	630	reserve. The department shall submit budget amendments 425
631	631
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	requesting release of the funds held in reserve pursuant to 426
644	644	chapter 216, Florida Statutes. The budget amendments shall 427
645	645	include a detailed spending plan. 428
646	646	(2) The funds shall be allocated as follows: 429
647	647	(a) Fifty Twenty-five million dollars for hurricane 430
648	648	mitigation inspections. 431
649	649	(b) Two hundred thirty One hundred fifteen million dollars 432
650	650	for mitigation grants. 433
651	651	(c) Eight Four million dollars for educ ation and consumer 434
652	652	awareness. 435
653	653	(d) Two One million dollars for public outreach for 436
654	654	contractors and real estate brokers and sales associates. 437
655	655	(e) Ten Five million dollars for administrative costs. 438
656	656	(3) Any unexpended balance of funds from this 439
657	657	appropriation remaining on June 30, 2023, shall revert and is 440
658	658	appropriated to the Department of Financial Services for the 441
659	659	2023-2024 fiscal year for the same purpose. 442
660	660	(4) The department may adopt emergency rules pursuant to 443
661	661	s. 120.54, Florida Statutes, a t any time, as are necessary to 444
662	662	implement this section and s. 215.5586, Florida Statutes, as 445
663	663	amended by this act. The Legislature finds that such emergency 446
664	664	rulemaking authority is necessary to address a critical need in 447
665	665	the state's problematic property ins urance market. The 448
666	666	Legislature further finds that the uniquely short timeframe 449
667	667	needed to effectively implement this section for the 2022 -2023 450
668	668
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680	680	fiscal year requires that the department adopt rules as quickly 451
681	681	as practicable. Therefore, in adopting such emerge ncy rules, the 452
682	682	department need not make the findings required by s. 453
683	683	120.54(4)(a), Florida Statutes. Emergency rules adopted under 454
684	684	this section are exempt from s. 120.54(4)(c), Florida Statutes, 455
685	685	and shall remain in effect until replaced by rules adopted und er 456
686	686	the nonemergency rulemaking procedures of chapter 120, Florida 457
687	687	Statutes, which must occur no later than July 1, 2023. 458
688	688	(5) This section shall expire on October 1, 2024. 459
689	689	Section 15. This act shall take effect July 1, 2023. 460