Florida 2023 2023 Regular Session

Florida House Bill H0505 Introduced / Bill

Filed 01/24/2023

                       
 
HB 505  	2023 
 
 
 
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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 
 
 
 
A bill to be entitled 1 
An act relating to insurance; amending s. 627.062, 2 
F.S.; revising requirements for residential property 3 
insurance rate filings; amending s. 627.0628, F.S.; 4 
authorizing a designee of the Director of Emergency 5 
Management to be a member of the Florida Commission on 6 
Hurricane Loss Projection Methodology; providing a 7 
requirement for such designee; amending s. 627.0629, 8 
F.S.; authorizing insurers to file with the O ffice of 9 
Insurance Regulation personal lines residential 10 
property insurance rating plans relating to windstorm 11 
mitigation construction standards; providing 12 
requirements for such filings; amending s. 627.0665, 13 
F.S.; revising the timeframe for notices from i nsurers 14 
to insureds of automatic bank withdrawal increases; 15 
specifying the increase threshold for such notices; 16 
amending s. 627.7276, F.S.; revising the requirements 17 
for the notice of certain automobile policies; 18 
providing an effective date. 19 
 20 
Be It Enacted by the Legislature of the State of Florida: 21 
 22 
 Section 1.  Paragraph (j) of subsection (2) of section 23 
627.062, Florida Statutes, is amended to read: 24 
 627.062  Rate standards. — 25     
 
HB 505  	2023 
 
 
 
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 (2)  As to all such classes of insurance: 26 
 (j)  With respect to residenti al property insurance rate 27 
filings, the rate filing : 28 
 1. Must account for mitigation measures undertaken by 29 
policyholders to reduce hurricane losses. 30 
 2.  May use a modeling indication that is the weighted or 31 
straight average of two or more hurricane loss projection models 32 
found by the Florida Commission on Hurricane Loss Projection 33 
Methodology to be accurate or reliable pursuant to s. 627.0628. 34 
 35 
The provisions of this subsection do not apply to workers' 36 
compensation, employer's liability insurance, and mo tor vehicle 37 
insurance. 38 
 Section 2.  Paragraph (b) of subsection (2) of section 39 
627.0628, Florida Statutes, is amended to read: 40 
 627.0628  Florida Commission on Hurricane Loss Projection 41 
Methodology; public records exemption; public meetings 42 
exemption.— 43 
 (2)  COMMISSION CREATED. — 44 
 (b)  The commission shall consist of the following 12 45 
members: 46 
 1.  The insurance consumer advocate. 47 
 2.  The senior employee of the State Board of 48 
Administration responsible for operations of the Florida 49 
Hurricane Catastrophe Fund. 50     
 
HB 505  	2023 
 
 
 
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 3.  The Executive Director of the Citizens Property 51 
Insurance Corporation. 52 
 4.  The Director of the Division of Emergency Management or 53 
the director's designee. The director's designee must be a full -54 
time employee of the division . 55 
 5.  The actuary member of the Florida Hurricane Catastrophe 56 
Fund Advisory Council. 57 
 6.  An employee of the office who is an actuary responsible 58 
for property insurance rate filings and who is appointed by the 59 
director of the office. 60 
 7.  Five members appointed by the Chief Financial Officer, 61 
as follows: 62 
 a.  An actuary who is employed full time by a property and 63 
casualty insurer that was responsible for at least 1 percent of 64 
the aggregate statewide direct written premium for homeowner 65 
insurance in the calendar year preceding the member's 66 
appointment to the commission. 67 
 b.  An expert in insurance finance who is a full -time 68 
member of the faculty of the State University System and who has 69 
a background in actuarial science. 70 
 c.  An expert in statistics who is a full -time member of 71 
the faculty of the State University System and who has a 72 
background in insurance. 73 
 d.  An expert in computer system design who is a full -time 74 
member of the faculty of the State University System. 75     
 
HB 505  	2023 
 
 
 
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 e.  An expert in meteorology who is a full -time member of 76 
the faculty of the State University System and who specializes 77 
in hurricanes. 78 
 8.  A licensed professional structural engineer who is a 79 
full-time faculty member in the State University System and who 80 
has expertise in wind mitigation techniques. This appoi ntment 81 
shall be made by the Governor. 82 
 Section 3.  Subsection (9) is added to section 627.0629, 83 
Florida Statutes, to read: 84 
 627.0629  Residential property insurance; rate filings. — 85 
 (9)  An insurer may file with the office a personal lines 86 
residential property insurance rating plan that provides 87 
justified premium discounts, credits, or other rate 88 
differentials based on windstorm mitigation construction 89 
standards developed by an independent, nonprofit scientific 90 
research organization, if such standards mee t the requirements 91 
of this section. Such plan must describe the manner in which the 92 
insurer will document the existence of the mitigation features 93 
and premium discounts, credits, or other rate differentials 94 
created under such plan. 95 
 Section 4.  Section 6 27.0665, Florida Statutes, is amended 96 
to read: 97 
 627.0665  Automatic bank withdrawal agreements; 98 
notification required. —Any insurer licensed to issue insurance 99 
in the state who has an automatic bank withdrawal agreement with 100     
 
HB 505  	2023 
 
 
 
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an insured party for the payment of insurance premiums for any 101 
type of insurance shall give the named insured at least 10 15 102 
days advance written notice of any increase in policy premiums 103 
which results in the next automatic bank withdrawal being 104 
increased by more than $10. Such notice mu st be provided before 105 
prior to any automatic bank withdrawal containing the of an 106 
increased premium. 107 
 Section 5.  Section 627.7276, Florida Statutes, is amended 108 
to read: 109 
 627.7276  Notice of limited coverage. — 110 
 (1)  An automobile policy that does not con tain coverage 111 
for bodily injury and property damage must include a notice be 112 
clearly stamped or printed to the effec t that such coverage is 113 
not included in the policy in the following manner: 114 
"THIS POLICY DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE 115 
LIABILITY INSURANCE OR ANY OTHER COVERAGE FOR WHICH A SPECIFIC 116 
PREMIUM CHARGE IS NOT MADE, AND DOES NOT COMPLY WITH ANY 117 
FINANCIAL RESPONSIBILITY LAW." 118 
 (2)  This notice legend must accompany appear on the policy 119 
declarations declaration page and on the filing back of the 120 
policy and must be printed in a contrasting color from that used 121 
on the policy and in type size at least as large as larger than 122 
the largest type size used on the declarations page in the text 123 
thereof, as an overprint or by a rubber stamp i mpression. 124 
 Section 6.  This act shall take effect July 1, 2023. 125