Florida 2023 2023 Regular Session

Florida Senate Bill S0418 Analysis / Analysis

Filed 04/11/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Rules 
BILL: CS/CS/CS/SB 418 
INTRODUCER:  Rules Committee; Military and Veterans Affairs, Space, and Domestic Security 
Committee; Banking and Insurance Committee; and Senator Perry 
SUBJECT:  Insurance 
DATE: April 11, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Thomas Knudson BI Fav/CS 
2. Proctor Proctor MS Fav/CS 
3. Thomas Twogood RC Fav/CS 
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/CS/SB 418 amends several insurance-related statutes. Specifically, the bill: 
 Provides that for any local governmental entity that is a member of a group self-insurer, only 
an elected official of the local governmental entity may be the local government’s 
representative on the group self-insurer’s governing body. 
 Provides that a residential property insurer’s rate filing may estimate projected hurricane 
losses by using a weighted or straight average of two or more models approved by the 
Florida Commission on Hurricane Loss Projection Methodology. 
 Provides that, in lieu of themselves, the Executive Director of the Citizens Property 
Insurance Corporation and the Director of the Division of Emergency Management, 
respectively, may appoint a designee to be a member of the Commission on Hurricane Loss 
Projection Methodology. 
 Provides that an insurer may file a personal lines residential property insurance rating plan 
that provides premium discounts, credits, and other rate differentials based on windstorm 
construction standards developed by an independent, nonprofit scientific research 
organization. 
 Limits the requirement that an insurer provide a policyholder who has an automatic bank 
withdrawal agreement with the insurer with 10 days advance written notice of any increase in 
policy premiums. Instead, notice will only be required for premium increases that result in an 
increase in the automatic withdrawal of more than $10 from the previous withdrawal amount. 
REVISED:   BILL: CS/CS/CS/SB 418   	Page 2 
 
 Expands the type of documents and policies that may be delivered to a policyholder by 
electronic transmission to include individual and group health insurance policies and select 
health contracts.  
 Revises the mandated deductibles that must be offered for hurricane loss when issuing a 
personal lines residential property insurance policy. For policies with a dwelling limit of:  
o $250,000 or more, but less than $1 million, the insurer need not offer the $500 hurricane 
deductible; 
o $1 million or more, but less than $3 million, the insurer may, in lieu of offering the 2 
percent deductible, offer a deductible amount applicable to hurricane losses equal to 3 
percent of the policy dwelling limits; and 
o $3 million or more, the insurer need not offer the 2 percent deductible. 
 Revises the requirement that the waiver by a policyholder of residential windstorm coverage 
or contents coverage be in the policyholder's own handwriting by also allowing the waiver to 
be typed. 
 Eliminates the requirement that a notice be stamped on the declarations page of limited 
coverage automobile policies. Such policies generally cover antique motor vehicles.  
 Provides that a motor vehicle service agreement company that maintains a contractual 
liability insurance policy in lieu of maintaining unearned premium reserve may have a policy 
that either pays 100 percent of claims as they are incurred or 100 percent of claims in the 
event of the failure of the service agreement company to pay claims when due. 
 
The bill is not anticipated to have an impact on state or local government revenues or 
expenditures. 
 
The bill provides an effective date of July 1, 2023. 
II. Present Situation: 
Regulation of Property Insurance Rates 
Part I of ch. 627, F.S., the Rating Law,
1
 governs property, casualty, and surety insurance 
covering the subjects of insurance resident, located, or to be performed in this state.
2
 The rating 
law provides that the rates for all classes of insurance it governs may not be excessive, 
inadequate, or unfairly discriminatory.
3
 Though the terms “rate” and “premium” are often used 
interchangeably, the rating law specifies that “rate” is the unit charge that is multiplied by the 
measure of exposure or amount of insurance specified in the policy to determine the premium, 
which is the consideration paid by the consumer.
4
 
 
All insurers or rating organizations must file rates with the Office of Insurance Regulation (OIR) 
either 90 days before the proposed effective date of a new rate, which is considered a “file and 
use” rate filing, or within 30 days after the effective date of a new rate, which is considered a 
“use and file” rate filing.
5
 
                                                
1
 Section 627.011, F.S. 
2
 Section 627.021(1), F.S. 
3
 Section 627.062(1), F.S. 
4
 Section 627.041, F.S. 
5
 Section 627.062, F.S.  BILL: CS/CS/CS/SB 418   	Page 3 
 
Upon receiving a rate filing, the OIR reviews the filing to determine if the rate is excessive, 
inadequate, or unfairly discriminatory. The OIR makes that determination in accordance with 
generally acceptable actuarial techniques and considers the following: 
 Past and prospective loss experience; 
 Past and prospective expenses; 
 The degree of competition among insurers for the risk insured; 
 Investment income reasonably expected by the insurer; 
 The reasonableness of the judgment reflected in the rate filing; 
 Dividends, savings, or unabsorbed premium deposits returned to policyholders; 
 The adequacy of loss reserves; 
 The cost of reinsurance; 
 Trend factors, including trends in actual losses per insured unit for the insurer; 
 Conflagration and catastrophe hazards; 
 Projected hurricane losses; 
 Projected flood losses, if the policy covers the risk of flood; 
 The cost of medical services, if applicable; 
 A reasonable margin for underwriting profit and contingencies; and 
 Other relevant factors that affect the frequency or severity of claims or expenses.
6
 
 
Self-Insurance Funds 
 
Sections 624.460-624.488, F.S., are collectively known as the “Commercial Self-Insurer Fund 
Act.” Self-insurance funds are created for the purpose of pooling and spreading the risks of 
group members in any commercial property or casualty risk or surety insurance. Under 
s. 624.4621, F.S., two or more employers may spread and pool their workers’ compensation 
liabilities and form a group self-insurance fund.  
 
Group Self-Insurance Funds 
 
The Office of Insurance Regulation (OIR) is responsible for the regulation of group self-
insurance funds created pursuant to s. 624.4621, F.S. These funds must comply with 
administrative rules adopted by the Financial Services Commission
7
 relating to finance, 
organization, and operation. Group self-insurance funds must use independent certified public 
accountants for financial reporting and are required to submit quarterly and annual financial 
statements, audited financial statements, and actuarial reports pursuant to rule 69O-
190.059, F.A.C. Such funds must maintain monetary reserves to insure their financial solvency 
and carry reinsurance. In addition, these funds must file reports with the OIR pertaining to 
coverage, accident experience, compensation payments, payroll records and such periodic 
reports as further required by the OIR. These funds are also required to participate in the Florida 
Workers’ Compensation Insurance Guaranty Association (Association).
8
 The Association 
                                                
6
 Section 627.062(2)(b), F.S. 
7
 The Financial Services Commission is comprised of the Governor and Cabinet. 
8
 Section 624.4621(9), F.S. Pursuant to s. 631.911, F.S., the Florida Self-Insurance Fund Guaranty Association was merged 
into the Florida Workers’ Compensation Insurance Guaranty Association and the Florida Self-Insurance Fund Guaranty 
Association no longer exists. The merger was effective October 1, 1997.  BILL: CS/CS/CS/SB 418   	Page 4 
 
assumes the payment of workers’ compensation claims of self-insurance funds that become 
insolvent.
9
 
 
Local Government Self-Insurance Funds 
 
Section 624.4622, F.S., authorizes two or more local governments to enter into an interlocal 
agreement to create a self-insurance fund for the purpose of securing the payment of benefits 
under the workers’ compensation law or self-insuring real or personal property against loss or 
damage. Such fund must: 
 Have annual normal premiums in excess of $5 million; 
 Maintain a continuing program of excess insurance coverage and reserve evaluation to 
protect the financial stability of the fund in an amount and manner determined by a qualified 
and independent actuary; 
 Submit annually an audited fiscal year-end financial statement by an independent certified 
public accountant within 6 months after the end of the fiscal year to the office; and 
 Have a governing body which is comprised entirely of local elected officials. 
 
Florida Commission on Hurricane Loss Projection Methodology 
Projected hurricane losses in a rate filing must be estimated using a model or method found to be 
acceptable or reliable by the Florida Commission on Hurricane Loss Projection Methodology 
(Commission).
10
 The Commission consists of 12 members with expertise in the elements used to 
develop computer models to estimate hurricane and flood loss. Members of the Commission 
include State University System faculty experts in insurance finance, statistics, computer system 
design, meteorology, and structural engineering; three actuaries; the insurance consumer 
advocate; the Director of the Florida Hurricane Catastrophe Fund; the Executive Director of 
Citizens Property Insurance Corporation; and the Director of the Division of Emergency 
Management.
11
 
 
Residential Property Insurance Mitigation Credits, Discounts, or Other Rate Differentials 
Residential property insurance rate filings must account for mitigation measures undertaken by 
policyholders to reduce hurricane losses.
12
 Specifically, the rate filings must include actuarially 
reasonable discounts, credits, or other rate differentials or appropriate reductions in deductibles 
to consumers who implement windstorm damage mitigation techniques to their properties.
13
 
Upon their filing by an insurer or rating organization, the OIR determines the discounts, credits, 
other rate differentials and appropriate reductions in deductibles that reflect the full actuarial 
value of such revaluation,
14
 which in turn may be used in rate filings under the rating law. 
Windstorm mitigation measures that must be evaluated for purposes of mitigation discounts 
include fixtures or construction techniques that enhance roof strength, roof covering 
                                                
9
 Section 631.913, F.S. 
10
 Section 627.062(2)(b)11., F.S. 
11
 Section 627.0628(2)(b), F.S. 
12
 Section 627.062(2)(j), F.S. 
13
 Section 627.0629(1), F.S. 
14
 Id.  BILL: CS/CS/CS/SB 418   	Page 5 
 
performance, roof-to-wall strength, wall-to-floor-to-foundation strength, opening protection, and 
window, door, and skylight strength.
15
  
 
Automatic Bank Withdrawal Agreements in the Insurance Context 
Florida law allows insurers and policyholders to enter into automatic bank withdrawal 
agreements for the purpose of paying insurance premiums.
16
 Policyholders generally have the 
option of selecting between payment plans that divide the premium into two or four separate 
payments or in monthly installments. Under current law, insurers must provide the policyholder 
with at least 15 days advance written notice prior to any automatic bank withdrawal if the 
premium payment increases from the previous withdrawal period by any amount.
17
 
 
By contrast, federal law requires financial institutions to provide at least 10 days advance written 
notice before any automatic bank withdrawal either when the amount varies from the previous 
withdrawal amount, when the amount varies outside a specified range of amounts, or when the 
amount varies from the previous withdrawal amount by an agreed-upon amount.
18
 
 
Delivery of Insurance Policies and Claims Communications 
Section 627.421, F.S., requires most insurers
19
 to deliver, mail, or electronically transmit the 
insurance policy to the policyholder within 60 days after such coverage taking effect. 
Policyholders of personal lines policies may elect electronic transmission of policy documents; 
however, for commercial lines policies, policy documents are sent via electronic transmission 
unless the policyholder declines electronic transmission by written or electronic communication 
to the insurer. The policyholder is further entitled to a paper copy of the policy upon request.
20
 
An insurer that electronically transmits policy documents must include notice of the right to 
receive a paper copy of the policy via United States mail.
21
  
 
Property Insurance Deductibles and Coverages 
A hurricane deductible is the amount paid by the policyholder before the insurer issues any 
payment for damaged caused by a hurricane.
22
 With certain exceptions, prior to issuing a 
personal lines residential property insurance policy, the insurer must offer alternative deductible 
amounts applicable to hurricane losses equal to $500, 2 percent, 5 percent, and 10 percent of the 
                                                
15
 Id. 
16
 Section 627.0665, F.S. 
17
 Id. 
18
 12 CFR 1005.10(d). 
19
 Part II of ch. 627, F.S., exempts reinsurers, wet marine and transportation, title, and credit life or credit disability insurers 
from the delivery provisions of s. 627.421, F.S. 
20
 Section 627.421(1), F.S. 
21
 Id. 
22
 Department of Financial Services, Florida’s Hurricane Deductible, available at https://myfloridacfo.com/docs-
sf/consumer-services-libraries/consumerservices-documents/understanding-coverage/consumer-guides/english---florida's-
hurricane-deductible.pdf?sfvrsn=28cdcf12_4 (last visited February 27, 2023).  BILL: CS/CS/CS/SB 418   	Page 6 
 
policy dwelling limits.
23
 If the policy covers a risk with dwelling limits of $250,000 or more, the 
insurer is not required to offer the $500 hurricane deductible.
24
 
 
Under Florida law, the hurricane deductible is capped at 10 percent of the policy dwelling limits 
for a covered risk valued at less than $500,000, unless the policyholder affirmatively rejects the 
statutory hurricane deductible limit.
25
 In order to do so, the policyholder must provide the insurer 
the following statement: “I do not want the insurance on my home to pay for the first (specify 
dollar value) of damage from hurricanes. I will pay those costs. My insurance will not.” The 
policyholder and each named insured on the policy must sign and date the statement.
26
 
 
Florida law also requires a residential property insurance policy to include windstorm 
coverage
27
, unless the policyholder affirmatively rejects the coverage.
28
 If the policyholder is a 
natural person, the policyholder must personally write and provide the insurer the following 
statement in his or her own handwriting: “I do not want the insurance on my home (home/mobile 
home/condominium unit) to pay for damage from windstorms. I will pay those costs. My 
insurance will not.” The policyholder and each named insured on the policy must sign and date 
the statement.
29
 
 
A similar provision exists for exclusion of contents coverage under a residential property 
insurance policy, except for a condominium unit owner policy or a tenant policy.
30
 If the policy 
holder chooses such an exclusion, the policyholder must personally write and provide the insurer 
the following statement in his or her own handwriting: “I do not want the insurance on my home 
(home/mobile) to pay for costs to repair or replace any contents that are damaged. I will pay 
those costs. My insurance will not.”
31
 The policyholder and each named insured on the policy 
must sign and date the statement. 
 
Notice of Limited Coverage for Antique Vehicles 
Some insurers
32
 offer motor vehicle insurance coverage for antique vehicles
33
 which does not 
include mandatory personal injury protection
34
 and property damage liability
35
 coverages. In 
those cases, Florida law requires the automobile policy to provide notice to the policyholder of 
                                                
23
 Section 627.701(3)(a), F.S. 
24
 Section 627.701(3)(d), F.S. 
25
 Section 627.701(4)(d), F.S. 
26
 Id. 
27
 This requirement does not apply to a risk that is eligible for wind-only coverage from Citizens Property Insurance 
Corporation. Nor does the requirement apply to a risk that is ineligible for Citizens coverage because the risk: (1) is a 
structure that has a dwelling replacement cost of $700,000 or more; (2) is a single condominium unit with a combined 
dwelling and contents replacement cost of $700,000 or more; or (3) is located in the “wind-borne” debris region and has an 
insured value on the structure of $750,000 or more. See ss. 627.351(6)(a)3.d. and 5.a., F.S. 
28
 Section 627.712, F.S. 
29
 Section 627.712(2)(a)1., F.S. 
30
 Section 627.712(3), F.S. 
31
 Id. 
32
 State Farm, Collector and Classic Car Insurance, available at https://www.statefarm.com/insurance/auto/antique-classic-
cars (last visited February 27, 2023). 
33
 See section 320.086, F.S. 
34
 Section 627.733, F.S. 
35
 Section 324.022, F.S.  BILL: CS/CS/CS/SB 418   	Page 7 
 
the limited coverage and its noncompliance with any financial responsibility law.
36
 This 
coverage is generally appropriate for antique vehicles that are stored in a private collection or as 
part of a public display and are not driven on the roadways of this state. The notice must be 
stamped or printed in contrasting color from the color used on the policy and placed on the 
policy declaration page and on the back of the policy.
37
 The stamping requirement is antiquated 
and prevents these types of policies from being delivered electronically. 
 
Motor Vehicle Service Agreements 
A person may not transact, administer, market, or attempt any of these activities with respect to a 
service agreement
38
 business in Florida without a license.
39
 To qualify for and maintain a license, 
a service agreement company (“company”) must comply with applicable Florida laws (including 
the Florida Insurance Code), rules and charter powers, and comply with specified requirements, 
including, in part: 
 Being a solvent corporation; 
 Furnishing the OIR with evidence that the management of the company is competent and 
trustworthy, and can successfully and lawfully manage its affairs; 
 Making a deposit required under s. 634.052, F.S.; 
 Maintaining the requires reserves and the required ratio of liquid assets to the required 
reserves; 
 Having and maintaining net assets of $500,000; and 
 Establishing and maintaining an unearned premium reserve that meets certain requirements, 
including: 
o The unearned premium reserve consists of unencumbered assets equal to a minimum of 
50 percent of the unearned gross written premium of each service agreement and must 
amortize this reserve pro rata over the duration of the service agreement; 
o A company utilizing the 50-percent reserve must not allow its ratio of gross written 
premium to net assets to exceed 10 to 1; and 
o The company must deposit with the DFS securities of the type eligible for deposit by 
insurers under s. 625.52, F.S., equal to 15 percent of the unearned premium reserve; or  
 Does not establish and maintain an unearned premium reserve if the company secures and 
maintains contractual liability insurance in accordance with the following: 
o Coverage of 100 percent of the claim exposure is obtained from an insurer approved by 
the office which meets certain criteria; 
                                                
36
 Section 627.7276(1), F.S. 
37
 Section 627.7276(2), F.S. 
38
 Section 634.011(8), F.S., defines “motor vehicle service agreement” or “service agreement” as a contract or agreement 
indemnifying the service agreement holder for the motor vehicle listed on the service agreement and arising out of the 
ownership, operation, and use of the motor vehicle against loss caused by failure of any mechanical or other component part, 
or any mechanical or other component part that does not function as it was originally intended; however, nothing in this part 
shall prohibit or affect the giving, free of charge, of the usual performance guarantees by manufacturers or dealers in 
connection with the sale of motor vehicles. Transactions exempt under s. 624.125, F.S., are expressly excluded from this 
definition and are exempt from the provisions of this part. The term “motor vehicle service agreement” includes any contract 
or agreement that provides: (a) for the coverage or protection and which is issued or provided in conjunction with an 
addictive produce applied to the motor vehicle that is the subject of such contract or agreement; (b) For payment of vehicle 
protection expenses as defined in s. 634.011(8)(b)1.a., F.S.  
39
 Section 634.031(1), F.S.   BILL: CS/CS/CS/SB 418   	Page 8 
 
o The contractual liability insurance policy binds its issuer to pay or cause to be paid to the 
service agreement holder all legitimate claims and cancellation refunds if the company 
does not meet its contractual obligations;  
o If the issuer of the contractual liability policy is fulfilling the service agreements covered 
by contractual liability policy and the holder cancel the service agreement, the issuer 
must make a full refund of the unearned premium to the consumer in certain 
circumstances; 
o The policy’s cancellation, termination, or nonrenewal is subject to 90 days written notice 
by the insurer to the OIR; and 
o The company must provide the OIR with the claims statistics.
40
 
III. Effect of Proposed Changes: 
Group Self-Insurance Funds 
Section 1 amends s. 624.4621, F.S., to provide that for any local governmental entity that is a 
member of a group self-insurer, only an elected official of the local governmental entity may be 
the local government’s representative on the group self-insurer’s governing body. 
Hurricane Model Averaging and Weighting 
Section 2 amends s. 627.062, F.S., to provide that a residential property insurer’s rate filing may 
estimate projected hurricane losses by using a weighted or straight average of two or more 
methods or models approved by the Commission on Hurricane Loss Projection Methodology. 
 
Florida Commission on Hurricane Loss Projection Methodology 
Section 3 amends s. 627.0628, F.S., to provide that, in lieu of themselves, the Executive Director 
of the Citizens Property Insurance Corporation and the Director of the Division of Emergency 
Management, respectively, may appoint a designee to be a member of the Commission on 
Hurricane Loss Projection Methodology. The Executive Director of the Citizens Property 
Insurance Corporation designee must have actuarial science experience. 
 
Residential Property Insurance Mitigation Credits, Discounts, or Other Rate Differentials 
Section 4 amends. s. 627.0629, F.S., to provide that an insurer may file with the OIR a personal 
lines residential rating plan that provides premium discounts, credits, and other rate differentials 
based on windstorm construction standards developed by an independent, nonprofit scientific 
research organization, if such standards meet statutory requirements. 
 
Required Notifications of Automatic Bank Withdrawals 
Section 5 amends s. 627.0665, F.S., governing automatic bank withdrawal agreements between 
insurers and policyholders, to limit the requirement that an insurer provide a policyholder 10 
days advance written notice of any increase in policy premiums. Instead, notice will only be 
                                                
40
 Section 634.041, F.S.  BILL: CS/CS/CS/SB 418   	Page 9 
 
required for premium increases that will result in an increase of the automatic withdrawal of 
more than $10 from the previous withdrawal amount. 
 
Delivery of Insurance Policies and Claims Communications 
Section 6 amends s. 627.421, F.S., to expand the type of documents and policies that may be 
delivered by electronic transmission to include related notices and other documents for 
individual and group health insurance policies or certificates of coverage, health maintenance 
contracts or certificates of coverage, and prepaid limited health service contracts. The bill 
removes the requirement that electronic transmission must include notice of the right to receive 
the policy via U.S. mail rather than by electronic transmission. 
 
Property Insurance Deductibles and Coverages 
Section 7 amends s. 627.701, F.S., to revise the mandated deductibles that must be offered for 
hurricane loss when issuing a personal lines residential property insurance policy. For policies 
with a dwelling limit of:  
 $250,000 or more, but less than $1 million, the insurer need not offer the $500 hurricane 
deductible; 
 $1 million or more, but less than $3 million, the insurer may, in lieu of offering the 2 percent 
deductible, offer a deductible amount applicable to hurricane losses equal to 3 percent of the 
policy dwelling limits; and 
 $3 million or more, the insurer need not offer the 2 percent deductible. 
 
Section 8 amends s. 627.712, F.S., providing that a policyholder’s waiver of residential 
windstorm coverage or waiver of coverage to pay for the costs to repair or replace any contents 
that are damaged may be typed by the policyholder or in the policyholder's own handwriting. 
 
Notice of Limited Coverage for Antique Vehicles 
Section 9 amends s. 627.7276, F.S., eliminates the requirement that a notice be stamped on the 
declarations page of limited coverage automobile policies. Such policies generally cover antique 
motor vehicles. Instead, the notice must appear on the declarations page and must be printed in 
bold type. The stamping requirement is antiquated and prevents these types of policies from 
being delivered electronically.  
 
Motor Vehicle Service Agreements 
Section 10 amends s. 634.041, F.S., to provide that a service agreement company that maintains 
a contractual liability insurance policy in lieu of maintaining unearned premium reserve may 
have a policy that either pays 100 percent of claims as they are incurred or 100 percent of claims 
in the event of the failure of the service agreement company to pay claims when due. 
 
The bill is effective July 1, 2023.  BILL: CS/CS/CS/SB 418   	Page 10 
 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
The bill may lead to the expansion of premium discounts, credits, and other rate 
differentials based on windstorm construction standards. 
C. Government Sector Impact: 
The bill is not anticipated to have an impact on state or local government revenues or 
expenditures. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 624.4621, 627.062, 
627.0628, 627.0629, 627.0665, 627.421, 627.701, 627.712, 627.7276, and 634.041.   BILL: CS/CS/CS/SB 418   	Page 11 
 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS/CS/CS by the Rules on April 11, 2023: 
The committee substitute makes the following changes: 
 Inserts new section 1 to provide that for any local governmental entity that is a 
member of a self-insurer, only an elected official of the local governmental entity 
may be the local government’s representative on the self-insurer’s governing body; 
 Rewords section revising deductibles for policies covering a risk with dwelling limits 
of $1 million or more to clarify the application of the existing required deductibles; 
 Rewords the section relating to limited coverage automobile policies to require the 
notice of limited coverage appear on the policy declaration page; 
 Inserts new section 10 to provide that a motor vehicle service agreement company 
that maintains a contractual liability insurance policy in lieu of maintaining unearned 
premium reserve may have a policy that either pays 100 percent of claims as they are 
incurred or 100 percent of claims in the event of the failure of the service agreement 
company. 
 
CS/CS by the Military and Veterans Affairs, Space, and Domestic Security on 
March 7, 2023: 
The committee substitute makes the following changes: 
 Provides that if the Director of the Citizens Property Insurance Corporation provides 
a designee to serve on the Florida Commission on Hurricane Loss Projection 
Methodology, the designee must have actuarial science experience; and 
 Removes the 10 and 15 percent policy deductibles for properties valued at $1 million 
and greater, and provides a policy covering a risk with dwelling limits of: 
o $250,000 or more, but less than $1 million, the insurer need not offer the $500 
hurricane deductible; 
o $1 million or more, but less than $3 million, the insurer may, in lieu of offering 
the $500 and 2 percent deductible, offer a deductible amount applicable to 
hurricane losses equal to 3 percent of the policy dwelling limits; and 
o $3 million or more, the insurer need not offer the $500 or 2 percent deductibles. 
 
CS by the Banking and Insurance on February 21, 2023: 
The committee substitute makes the following changes: 
 Revises provisions regarding the delivery of a policy to a policyholder by expanding 
the type of policies authorized to be delivered by electronic transmission to include 
individual and group health insurance policies; removes the requirement that 
electronic transmission must include notice of the right to receive the policy via U.S. 
mail rather than by electronic transmission. 
 Revises the mandated deductibles that must be offered for hurricane loss when 
issuing a personal lines residential property insurance policy. Insurers need no longer 
offer the current mandated deductibles of  2 percent, 5 percent, and 10 percent, and 
instead may offer deductibles of up to:   BILL: CS/CS/CS/SB 418   	Page 12 
 
o Ten percent for a policy covering a risk with dwelling limits of at least $1 million, 
but less than $3 million; or 
o Fifteen percent for a policy covering a risk with dwelling limits greater than $3 
million. 
 Removes the requirement that the waiver by a policyholder of windstorm coverage, 
or of coverage to pay for the costs to repair or replace any contents that are damaged, 
must be in the policy holder's own handwriting, allowing the waiver to be typed.  
 Provides that the Executive Director of the Citizens Property Insurance Corporation 
may designate a full-time employee of the Corporation as the Director’s designee to 
the Commission on Hurricane Loss Projection Methodology. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.