CS/HB 799 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 property insurance for wind and 2
flood; amending s. 627.062, F.S.; requiring 3
residential property insurance rate filings to account 4
for windstorm mitigation measures undertaken by 5
policyholders; amending s. 627.0629, F.S.; requiring 6
wind uplift prevention to be included in windstorm 7
damage mitigation techniques for residential property 8
insurance rate filings; amending s. 627.351, F.S.; 9
revising flood insurance coverage requirements for 10
Citizens Property Insurance Corporation; creating s. 11
627.7155, F.S.; requiring property insurers to verify 12
coverage for the peril of flood in certain 13
circumstances; prohibiting issuance of coverage for 14
the peril of wind in certain circumstances; requiring 15
an acknowledgement; specifying a type of acceptable 16
proof of coverage; providing effective dates. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Paragraph (j) of subsection (2) of section 21
627.062, Florida Statutes, is amended to read: 22
627.062 Rate standards. — 23
(2) As to all such classes of insurance: 24
(j) With respect to residential property insurance rate 25
CS/HB 799 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
filings, the rate filing must account for mitigation measures 26
undertaken by policyholders to reduce hurricane losses and 27
windstorm losses. 28
29
The provisions of this subsection do not apply to workers' 30
compensation, employer's liability insurance, and motor vehicle 31
insurance. 32
Section 2. Subsection (1) of section 627.0629, Florida 33
Statutes, is amended to read: 34
627.0629 Residential property insurance; rate filings. — 35
(1) It is the intent of the Legislature that insurers 36
provide savings to consumers who install or implement windstorm 37
damage mitigation techniques, alteration s, or solutions to their 38
properties to prevent windstorm losses. A rate filing for 39
residential property insurance must include actuarially 40
reasonable discounts, credits, or other rate differentials, or 41
appropriate reductions in deductibles, for properties on which 42
fixtures or construction techniques demonstrated to reduce the 43
amount of loss in a windstorm have been installed or 44
implemented. The fixtures or construction techniques must 45
include, but are not limited to, fixtures or construction 46
techniques that enhance wind uplift prevention, roof strength, 47
roof covering performance, roof -to-wall strength, wall-to-floor-48
to-foundation strength, opening protection, and window, door, 49
and skylight strength. Credits, discounts, or other rate 50
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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
differentials, or appropr iate reductions in deductibles, for 51
fixtures and construction techniques that meet the minimum 52
requirements of the Florida Building Code must be included in 53
the rate filing. The office shall determine the discounts, 54
credits, other rate differentials, and a ppropriate reductions in 55
deductibles that reflect the full actuarial value of such 56
revaluation, which may be used by insurers in rate filings. 57
Section 3. Effective upon becoming a law, paragraph (aa) 58
of subsection (6) of section 627.351, Florida Statut es, is 59
amended to read: 60
627.351 Insurance risk apportionment plans. — 61
(6) CITIZENS PROPERTY INSURANCE CORPORATION. — 62
(aa) Except as otherwise provided in this paragraph, the 63
corporation shall require the securing and maintaining of flood 64
insurance as a condition of coverage of a personal lines 65
residential risk. The insured or applicant must execute a form 66
approved by the office affirming that flood insurance is not 67
provided by the corporation and that if flood insurance is not 68
secured by the applicant o r insured from an insurer other than 69
the corporation and in addition to coverage by the corporation, 70
the risk will not be eligible for coverage by the corporation. 71
The corporation may deny coverage of a personal lines 72
residential risk to an applicant or in sured who refuses to 73
secure and maintain flood insurance. The requirement to purchase 74
flood insurance shall be implemented as follows: 75
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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
1. Except as provided in subparagraphs 2. and 3., all 76
personal lines residential policyholders must have flood 77
coverage in place for policies effective on or after: 78
a. January 1, 2024, for a structure or unit that has a 79
dwelling replacement cost of property valued at $600,000 or 80
more. 81
b. January 1, 2025, for a structure or unit that has a 82
dwelling replacement cost of property valued at $500,000 or 83
more. 84
c. January 1, 2026, for a structure or unit that has a 85
dwelling replacement cost of property valued at $400,000 or 86
more. 87
d. January 1, 2027, for all other personal lines 88
residential property insured by the corporatio n. 89
2. All personal lines residential policyholders whose 90
property insured by the corporation is located within the 91
special flood hazard area defined by the Federal Emergency 92
Management Agency must have flood coverage in place: 93
a. At the time of initial policy issuance for all new 94
personal lines residential policies issued by the corporation on 95
or after April 1, 2023. 96
b. By the time of the policy renewal for all personal 97
lines residential policies renewing on or after July 1, 2023. 98
3. Policyholders whose policies issued by the corporation 99
do not provide coverage for the peril of wind are not required 100
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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
to purchase flood insurance as a condition for maintaining their 101
policies with the corporation. 102
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The flood insurance required under this paragraph must m eet, at 104
a minimum, the coverage available from the National Flood 105
Insurance Program or the requirements of subparagraphs s. 106
627.715(1)(a)1., 2., and 3. 107
Section 4. Effective October 1, 2023, section 627.7155, 108
Florida Statutes, is created to read: 109
627.7155 Wind and flood coverage in residential and 110
commercial property insurance policies .—For residential and 111
commercial property insurance policies issued or renewed on or 112
after October 1, 2023: 113
(1) If a residential or commercial property insurer 114
requires that an insured or applicant have coverage for the 115
peril of flood when the insurer issues a policy covering the 116
peril of wind, the insurer must verify that the insured or 117
applicant has coverage for the peril of flood at the time the 118
policy is issued or re newed. If the insurer fails to verify that 119
the insured or applicant has coverage for the peril of flood, 120
the insurer may not issue or renew a policy containing coverage 121
for the peril of wind. Before issuance of coverage for the peril 122
of wind under this sub section and upon verification of coverage 123
for the peril of flood, the insurer must obtain a written 124
acknowledgment from the insured or applicant that the insured or 125
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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
applicant understands that the policy covering the peril of wind 126
requires that coverage for the peril of flood must be maintained 127
by the insured or applicant. 128
(2) In addition to coverage for the peril of flood 129
directly secured by the insured or applicant, a master flood 130
policy that is issued to someone other than the insured or 131
applicant and that includes the insured or applicant as an 132
intended or third-party beneficiary under the master flood 133
policy is acceptable proof of coverage for the peril of flood 134
for the purposes of this section. 135
Section 5. Except as otherwise expressly provided in this 136
act and except for this section, which shall take effect upon 137
this act becoming a law, this act shall take effect July 1, 138
2023. 139