Florida 2023 2023 Regular Session

Florida Senate Bill S7052 Analysis / Analysis

Filed 04/19/2023

                    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 Fiscal Policy 
 
BILL: SB 7052 
INTRODUCER: Banking and Insurance Committee 
SUBJECT: Insurer Accountability 
DATE: April 19, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Thomas Knudson BI Submitted as Comm. Bill/Fav. 
2. Thomas Yeatman FP Pre-meeting 
 
I. Summary: 
SB 7052 is contains various provisions intended to increase consumer protection and insurer 
accountability in this state.  
 
Regarding insurance coverage the proposed bill: 
 
 Prohibits authorized and surplus lines insurers from cancelling a property insurance policy 
during any pending claim until after repairs are complete; 
 Requires that Citizens cover property with open claims that are being handled by FIGA 
(Florida Insurance Guaranty Association); 
 Prohibits the Office of Insurance Regulation (OIR) from waiving its review of policy forms 
for 3 years for any insurer that has violated the Insurance Code; 
 Provides that the prohibition on applying any other deductible under the policy if a roof 
deductible is applied encompasses any other loss to the property caused by the same covered 
peril. 
 Tolls the time period for filing a property insurance claim during an insured’s active duty 
military service; and 
 Clarifies legislative intent that Chapter 2022-271, Laws of Florida, passed during Special 
Session A in December 2023, (SB 2-A [2022] on Property Insurance) shall not be construed 
to impair any right under an insurance contract in effect on or before the effective date of that 
chapter law (December 16, 2022). 
 Clarifies that the provisions of do not impair rights under policies in effect before the act’s 
effective date. 
 
Regarding rates charged for insurance, the proposed bill: 
 
REVISED:   BILL: SB 7052   	Page 2 
 
 Requires that property insurance and motor vehicle rate filings must include, and the OIR 
must consider in reviewing rates, the combined effect of recent legislative reforms; 
o Appropriates $500,000 from the Insurance Regulatory Trust Fund for OIR to obtain an 
actuarial study to implement this requirement. 
 Requires that property insurance mitigation discounts be updated at least every 5 years and 
insurers to provide consumer-friendly information on their website describing hurricane 
mitigation discounts available to policyholders; and 
 Makes title insurance rates subject to OIR rate review. 
 
Regarding insurer claims handling, the proposed bill: 
 
 Requires OIR to ensure liability insurers are complying with proper claims handling practices 
by following specified best practices  
 Creates a 60-day prompt-pay law for non-PIP motor vehicle insurance claims similar to the 
prompt pay law for residential property insurance claims; 
 Requires insurers to annually submit their claims manuals to the OIR and attest that the 
manual comports to usual and customary industry claims handling practices; and 
 Strengthens the Unfair Insurance Trade Practices Act by: 
o Prohibiting altering or amending an adjuster’s report without including a list of changes, 
who made the change, and an explanation of a change that reduces coverage; and 
o Prohibiting payment of bonuses to officers and directors while an insurer is impaired or 
insolvent. 
 
Regarding regulatory oversight of insurers, the bill: 
 
 Increases maximum administrative fines by 250 percent generally, and 500 percent for 
violations stemming from a state of emergency such as a hurricane. 
 Requires insurers to more promptly respond to the Department of Financial Services (DFS) 
Division of Consumer Services and increases fines for noncompliance. 
 Provides additional funding for the DFS Division of Consumer Services. 
o Appropriates five positions with associated salary rate of 325,000 and the sum of 
$494,774 in recurring funds and $23,410 in non-recurring funds to the DFS from the 
Insurance Regulatory Trust Fund. 
 Specifies objective criteria to be used by OIR to: 
o Prioritize necessary financial and market conduct examinations. 
o Determine when payments to affiliates are excessive. 
 Provides conditions whereby the OIR must initiate a market conduct examination. 
 Requires insurers to report to the OIR any temporary suspension of writing new policies. 
 Applies the standard order that OIR issues to protect consumers after hurricanes to surplus 
lines insurers. 
 Specifies that insurance fraud referrals may be made to the statewide prosecutor for crimes 
that impact two or more judicial circuits.  
 Requires additional reporting from regulators regarding their enforcement actions. 
 
See Section V. Fiscal Impact Statement. 
  BILL: SB 7052   	Page 3 
 
The bill is effective July 1, 2023. 
II. Present Situation: 
Department of Financial Services 
The Department of Financial Services (DFS) has broad duties, including licensure and regulation 
of insurance agents, agencies, and adjusters; insurance consumer assistance and protection; and 
holding and attempting to return unclaimed property to its rightful owner.
1
 The DFS has a 
number of regulatory responsibilities over the Florida insurance market. The DFS regulates 
insurance adjusters, which includes public adjusters, independent adjusters, and company 
employee adjusters under Part VI, ch. 626, F.S. The DFS conducts insurance-related consumer 
outreach through its Division of Consumer Services. The Division of Workers’ Compensation 
within the DFS administers ch. 440, F.S., through enforcement of coverage requirements,
2
 
administration of workers’ compensation health care delivery system,
3
 data collection,
4
 and 
assisting injured workers, employers, insurers, and providers in fulfilling their responsibilities 
under ch. 440, F.S.
5
 The DFS also administers insurer rehabilitation and liquidation in Florida 
under part I of ch. 631, F.S. 
 
DFS Division of Consumer Services 
The Division of Consumer Services (Division) provides education, information, and assistance to 
consumers for all products or services regulated by the DFS or the Financial Services 
Commission (Commission).
6
 The Division’s duties specifically include: 
 Receiving consumer questions and complaints;  
 Educating the public about insurance-related topics;  
 Providing mediation to resolve disputes between a consumer and insurance company; and 
 Serving as a conduit for referrals for further legal action by the DFS.
7
 
 
Section 624.307(10)(b), F.S., permits the Division to impose an administrative penalty on a 
person who holds a license or certificate of authority from the DFS if that person fails to respond 
to the Division’s request for information within 20 days. A licensed individual must produce any 
requested documents not subject to attorney-client or work product privilege.  
 
                                                
1
 See, e.g., Department of Financial Services, What is the Purpose of the Department, https://oppaga.fl.gov/ (last accessed 
April 2, 2023). 
2
 Section 440.107(3), F.S. 
3
 Section 440.13, F.S. 
4
 Sections 440.185 and 440.593, F.S. 
5
 Section 440.191, F.S. 
6
 DFS, Department of Financial Services Long Range Program Plan: Fiscal Years 2023-24 through 2027-28, 15 (Oct. 17, 
2022), available at http://floridafiscalportal.state.fl.us/Document.aspx?ID=24407&DocType=PDF (last accessed April 2, 
2023). See also, DFS, Consumer Guides, 
https://www.myfloridacfo.com/Division/Consumers/understandingCoverage/Guides/Default.htm (last visited April 2, 2023). 
7
 Section 624.307(10)(a), F.S.  BILL: SB 7052   	Page 4 
 
Regulation of Insurance in Florida  
The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers and 
other risk bearing entities in Florida.
8
 As part of their regulatory oversight, the OIR may suspend 
or revoke an insurer’s certificate of authority under certain conditions.
9
 The OIR is responsible 
for examining the affairs, transactions, accounts, records, and assets of each insurer that holds a 
certificate of authority to transact insurance business in Florida.
10
 As part of the examination 
process, all persons being examined must make available to the OIR the accounts, records, 
documents, files, information, assets, and matters in their possession or control that relate to the 
subject of the examination.
11
 The OIR is also authorized to conduct market conduct examinations 
to determine compliance with applicable provisions of the Insurance Code.
12
  
 
Financial Examinations 
 
The OIR is responsible for all activities concerning insurers and other risk-bearing entities such 
as licensing, solvency, rates, and policy forms. Section 624.361, F.S., requires the OIR to 
conduct financial examinations of insurers. The scope of the financial examination includes a 
review of the affairs, records, transactions, accounting procedures and financial condition of an 
insurer. The OIR is charged with conducting an exam once every five years, with the exception 
of a domestic insurers that have held a certificate of authority for less than three years, which are 
required to be examined on annual basis. The OIR is required to examine an insurer applying for 
an initial certificate of authority prior to issuing the certificate of authority. 
 
Market Conduct Exams 
 
The OIR is authorized to perform a market conduct examination of, among other entities, any 
authorized insurer.
13
 The purpose of the examination is to determine the entity’s compliance with 
Florida law.
14
 The costs of the examination are to be paid by the subject entity.
15
 Section 
624.3161, F.S., authorizes the OIR to subject any authorized insurer to a market conduct 
examination after a hurricane if the insurer: 
 Is among the top 20 percent of insurers based upon a calculation of the ratio of hurricane-
related property insurance claims filed to the number of property insurance policies in force; 
 Is among the top 20 percent of insurers based upon a calculation of the ratio of consumer 
complaints made to the DFS to hurricane-related claims; 
 Has made significant payments to its managing general agent since the hurricane; or 
 Is identified by OIR as necessitating a market conduct exam for any other reason. 
                                                
8
 Section 20.121(3)(a), F.S. The Financial Services Commission, composed of the Governor, the Attorney General, the Chief 
Financial Officer, and the Commissioner of Agriculture, serves as agency head of the Office of Insurance Regulation for 
purposes of rulemaking. Further, the Financial Services Commission appoints the commissioner of the Office of Insurance 
Regulation. 
9
 Section 624.418, F.S. 
10
 Section 624.316(1)(a), F.S. 
11
 Section 624.318(2), F.S. 
12
 Section 624.3161, F.S. 
13
 Section 624.3161(1), F.S. 
14
 Id. 
15
 Section 624.3161(4), F.S.  BILL: SB 7052   	Page 5 
 
 
The relevant criteria under ss. 624.3161 and s. 624.316, F.S., are to be applied to the market 
conduct examination. The market conduct examination, if any, must be started within 18 months 
after the landfall of the related hurricane. The insurer’s managing general agent must be included 
in the market conduct examination as if it were the insurer. 
 
If a market conduct examination reveals that the “insurer has exhibited a pattern or practice of 
willful violations of an unfair insurance trade practice related to claims-handling which caused 
harm to policyholders,” the OIR may order the insurer to file its claims-handling practices and 
procedures with the OIR for review and inspection.
16
 The practices and procedures are to be held 
by the OIR for 36 months and are considered public records, not trade secrets, during the 36-
month period.
17
 The term, “claims-handling practices and procedures,” is defined as “any 
policies, guidelines, rules, protocols, standard operating procedures, instructions, or directives 
that govern or guide how and the manner in which an insured’s claims for benefits under any 
policy will be processed.”
18
 
 
Annual Report on Insurer Compliance 
 
The OIR is required to submit an annual report to the Speaker and Minority Leader of the House 
of Representatives, the President and Minority Leader of the Senate, the chairs of the legislative 
committees with jurisdiction over matters of insurance, and the Governor.
19
  The report is to 
cover information from the preceding calendar year, the following: 
 Names of the authorized insurers transacting insurance in this state, with abstracts of their 
financial statements including assets, liabilities, and net worth. 
 Names of insurers whose business was closed during the year, the cause thereof, and amounts 
of assets and liabilities as ascertainable. 
 Names of insurers against which delinquency or similar proceedings were instituted and 
related information. 
 The receipts and estimated expenses of the OIR. 
 Other pertinent information as the OIR deems to be in the public interest. 
 A compilation of the laws passed by the Legislature relating to insurance. 
 An analysis and summary report of the state of the insurance industry in Florida. 
 
Administrative Fines 
 
The OIR, through its ongoing oversight and examination process, determines whether insurance 
companies are operating in compliance with the code. The OIR is authorized to impose 
administrative fines in lieu of suspension or revocation if the OIR finds that one or more grounds 
exist for the discretionary revocation or suspension of the certificate of authority.
20
 The OIR may 
impose an administrative fine, not to exceed $5,000, per nonwillful violation, with a limit of 
$20,000 for all nonwillful violations arising out of the same action. With respect to any willful 
                                                
16
 Section 624.3161(6), F.S. 
17
 Id. 
18
 Id. 
19
 Section 624.315, F.S. 
20
 Section 624.4211, F.S.  BILL: SB 7052   	Page 6 
 
violation, the OIR is authorized to assess a fine, not to exceed $40,000 per violation and 
$200,000 in aggregate for all willful violations arising out of the same action. Additionally, if an 
insurer owes restitution due to a violation, the insurer must provide the restitution and include 12 
percent interest from the date of the violation or the inception of the insured’s policy.  
 
Financial Consideration or Payment by an Insurer to an Affiliate 
 
All insurers with a Florida certificate of authority must file quarterly and annual reports with the 
OIR containing various financial data, including audited financial statements, actuarial opinions, 
and certain claims data.
21
 Each year, insurers must file an annual statement covering the 
preceding calendar year on or before March 1. Quarterly statements covering each period ending 
on March 31, June 30, and September 30 must be filed within 45 days after each such date.
22
 
 
The OIR must make publicly available data detailing the number of policies, amount of 
premium, number of cancellations, and other data for each property insurer on a statewide 
basis.
23
 The information must be published on the OIR website within one month after each 
quarterly and annual filing.
24
 This information is not a trade secret as defined in s. 688.002(4), 
F.S., or s. 812.081, F.S., and is not subject to the public records exemption for trade secrets 
provided in s. 119.0715, F.S.
25
 
 
Each insurer doing business in this state which pays a fee, commission, or other financial 
consideration or payment to any affiliate directly or indirectly is required upon request to provide 
to the OIR any information the OIR deems necessary. The fee, commission, or other financial 
consideration or payment to any affiliate must be fair and reasonable. In determining whether the 
fee, commission, or other financial consideration or payment is fair and reasonable, the OIR 
must consider the actual cost of the service being provided.
26
 
 
Authority for Insurers in Unsound Financial Condition 
 
Section 627.7154, F.S., establishes a property insurer stability unit (unit) within the OIR. The 
purpose of the unit is to detect and prevent insurer insolvencies in the homeowners’ and 
condominium unit owners’ insurance market. Specifically, the unit is to identify significant 
concerns regarding insurer compliance with the insurance code. The unit must, at minimum: 
 Conduct target market exams when there is reason to believe that an insurer’s claims 
practices, rate requirements, investment activities, or financial statements suggest said insurer 
may be in an unsound financial condition. 
 Monitor closely all risk-based capital reports, own-risked solvency assessments, reinsurance 
agreements, and financial statements filed by insurers. 
 Have primary responsibility, coordinating with Florida Commission on Hurricane Loss 
Projection Methodology, to conduct annual catastrophe stress tests of all domestic insurers 
and insurers that are commercially domiciled in this state. 
                                                
21
 Section 624.424, F.S.  
22
 Section 624.424(1)(a), F.S. 
23
 Section 624.424(10)(b), F.S. 
24
 Id. 
25
 Id. 
26
 Section 624.424(13), F.S  BILL: SB 7052   	Page 7 
 
 Update required wind mitigation credits. 
 Review the causes of insolvency and business practices of insurers that have been referred to 
the Division of Rehabilitation and Liquidation of the DFS, and make recommendations to 
prevent future occurrences of such insurers. 
 File biannual reports on the status of the homeowners’ and condominium unit owners’ 
insurance market to the Governor, the President of the Senate, the Speaker of the House of 
Representatives, the Minority Leader of the Senate, the Minority Leader of the House of 
Representatives, and the chairs of the legislative committees with jurisdiction over matters of 
insurance.
27
 
 
The section also specifies events that trigger a referral to the insurer stability unit. Expenses for 
the unit are to be paid from the Insurance Regulatory Trust Fund, except that, if the unit 
recommends that a market conduct examination or targeted market examination be conducted, 
the reasonable cost of the examination must be paid by the person examined.
28
 
 
Unfair Insurance Claim Settlement Practices  
Florida law prohibits a person from engaging in an unfair or deceptive act or practice involving 
the business of insurance.
29
 The definition of unfair or deceptive acts or practices includes, in 
part, the following unfair claim settlement practices:  
 Attempting to settle claims on the basis of a document that was altered without knowledge or 
consent of the insured;  
 A material misrepresentation made to an insured for the purpose and with the intent of 
effecting settlement on less favorable terms than provided under the contract or policy;  
 Committing or performing with such frequency as to indicate a general business practice 
certain acts, such as failing to adopt and implement standards for the proper investigation of 
claims; 
 Failing to pay undisputed amounts of partial or full benefits owed under first-party property 
insurance policies within 90 days after an insurer received notice of a residential property 
insurance claim, determines the amounts of partial or full benefits, and agrees to coverage, 
unless payment of the undisputed benefits is prevented by “an act of God, prevented by the 
impossibility of performance, or due to actions by the insured or claimant that constitute 
fraud, lack of cooperation, or intentional misrepresentation regarding the claim for which 
benefits are owed.”
30
 
 
An insurer that violates these provisions is subject to a fine in an amount not greater than $5,000 
for each nonwillful violation, not to exceed an aggregate amount of $20,000, and not greater than 
$40,000 for each willful violation arising from the same action, not to exceed an aggregate 
amount of $200,000.
31
 
 
                                                
27
 Section 627.7154(3), F.S. 
28
 Section 627.7154(4), F.S. 
29
 Section 626.9521(1), F.S. 
30
 Section 626.9541(1)(i), F.S. 
31
 Section 626.9521(2), F.S.  BILL: SB 7052   	Page 8 
 
DFS Insurance Fraud Investigations 
 
The Division of Investigative and Forensic Services investigates various types of insurance fraud 
including Personal Injury Protection fraud, workers' compensation fraud, vehicle fraud, 
application fraud, licensee fraud, homeowner's insurance fraud, and healthcare fraud.
32
 The 
Division is directed by statute to investigate fraudulent insurance acts, violations of the Unfair 
Insurance Trade Practices Act,
 33
 false and fraudulent insurance claims,
34
 and willful violations 
of the Florida Insurance Code and rules adopted pursuant to the code.
35
 The Division employs 
sworn law enforcement officers to investigate insurance fraud.  
 
Mitigation Discounts 
 
Residential property insurance rate filings must account for mitigation measures undertaken by 
policyholders to reduce hurricane losses.
36
 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.
37
 
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,
38
 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 
performance, roof-to-wall strength, wall-to-floor-to-foundation strength, opening protection, and 
window, door, and skylight strength.
39
 
 
Citizens Property Insurance Corporation—Overview  
Citizens Property Insurance Corporation (Citizens) is a state-created, not-for-profit, tax-exempt 
governmental entity whose public purpose is to provide property insurance coverage to those 
unable to find affordable coverage in the voluntary admitted market.
40
 Citizens is not a private 
insurance company.
41
 Citizens was statutorily created in 2002 when the Florida Legislature 
combined the state’s two insurers of last resort, the Florida Residential Property and Casualty 
Joint Underwriting Association (RPCJUA) and the Florida Windstorm Underwriting Association 
(FWUA).
42
 Citizens offers property insurance through three different accounts: a personal lines 
account, a commercial lines account, and a coastal account. 
 
                                                
32
 See https://myfloridacfo.com/Division/DIFS/ (last accessed April 2, 2023). 
33
 Section 626.9541, F.S. 
34
 Section 817.234, F.S. 
35
 Section 624.15, F.S. 
36
 Section 627.062(2)(j), F.S. 
37
 Section 627.0629(1), F.S. 
38
 Id. 
39
 Id. 
40
 The term “admitted market” means insurance companies licensed to transact insurance in Florida. 
41
 Section 627.351(6)(a)1., F.S. 
42
 Section 2, ch. 2002-240, Laws of Fla.  BILL: SB 7052   	Page 9 
 
Citizens operates in accordance with the provisions in s. 627.351(6), F.S., and is governed by an 
eight member Board of Governors (board) that administers its Plan of Operations. The Plan of 
Operations is reviewed and approved by the Financial Services Commission.
43
 The Governor, 
President of the Senate, Speaker of the House of Representatives, and Chief Financial Officer 
each appoint two members to the board.
44
 Citizens is subject to regulation by the OIR of 
Insurance Regulation. 
 
Form Review 
 
Each insurer must file with the OIR their basic insurance policy or annuity contract forms and 
any application form that is to be made a part of the policy or contract.
45
 These forms may not be 
delivered or issued for delivery unless the form has been filed with the OIR.
46
 
 
Notice of Cancellation, Nonrenewal, or Renewal of Insurance Policies  
 
The requirements for an insurer to provide notice of cancellation, nonrenewal, or renewal 
premium are set forth in s. 627.4133, F.S. The specific notice depends on the type of insurance 
provided and the particular circumstances of the subject policy.  
   
Insurers writing personal lines residential or commercial lines residential property insurance 
policies are generally subject to the following requirements:  
 An insurer must give written notice of cancellation, nonrenewal, or termination at least 120 
days prior to the effective date of the cancellation, nonrenewal, or termination and the 
notice is required to include the reason for nonrenewal, cancellation, or termination;
47
 and  
 An insurer must give written notice of renewal premium at least 45 days prior to the 
renewal premium
48
 and the notice of renewal premium must specify certain information, 
including the dollar amount of any premium increase that is due to an approved rate 
increase and the total dollar amount that is due to coverage changes.
49
  
 
Separate Roof Deductibles  
An insurer issuing a personal lines residential property insurance policy may include in such 
policy a separate roof deductible that meets all of the following requirements: 
 Allows property insurers to include in the policy a separate roof deductible of up to two 
percent of the Coverage A limit of the policy or 50 percent of the cost to replace the roof. 
The policyholder must also be offered the option to decline the roof deductible by signing a 
form approved by the OIR. If a roof deductible is added to the policy at renewal, the insurer 
must provide a notice of change in policy terms and allow the policyholder to decline the 
separate roof deductible. 
                                                
43
 Section 627.351(6)(a)2., F.S. 
44
 Section 627.351(6)(c)4.a., F.S. 
45
 Section 627.410, F.S. 
46
 Id. 
47
 Section 627.4133(2)(b), F.S.  
48
 Section 627.4133(2)(a), F.S.  
49
 Section 627.4133(7), F.S.   BILL: SB 7052   	Page 10 
 
 Requires that policyholders that select a roof deductible must receive an actuarially sound 
premium credit or discount.  
 Provides that the roof deductible does not apply to: 
o A total loss to the primary structure in accordance with the valued policy law under 
s. 627.702, F.S., which is caused by a covered peril. 
o A loss caused by a hurricane. 
o A roof loss resulting from a tree fall or other hazard that damages the roof and punctures 
the roof deck. 
o A roof loss requiring the repair of less than 50 percent of the roof. 
 Specifies that when a roof deductible is applied, no other deductibles under the policy may be 
applied. 
 Specifies that a roof deductible only applies to a claim adjusted on a replacement cost basis. 
 Authorizes an insurer to limit the claim payment for a roof to the actual cash value of the loss 
to the roof until the insurer receives reasonable proof of payment by the policyholder of the 
roof deductible. 
 Requires a roof deductible provision to be clear and unambiguous.  
 Requires the inclusion of the following disclosures: 
o On the page immediately behind the declarations page, notice that a roof deductible may 
result in high out-of-pocket expenses to the policyholder.  
On the policy declarations page, prominent display of the actual dollar value of the roof 
deductible at issuance and renewal. Allows an insurer to limit payment on a roof claim to 
actual cash value until the policyholder pays the roof deductible.
50
 
 
Claim Handling – Late Payments 
 
Florida’s property insurance prompt payment statute provides for an insurer’s
51
 duty to 
acknowledge, investigate, and settle payment of a claim, if appropriate, within certain 
timeframes. These laws are meant to require insurance companies to make quick payments of 
any claims filed and deter unnecessary delays. 
 
The insurer must acknowledge a filed claim within 14 days of its submission,
52
 and begin an 
investigation, as is reasonably necessary, within 14 days after receiving a proof-of-loss 
statement.
53
 Within 90 days of receiving notice of the initial, reopened, or supplemental claim, 
the insurer must either pay the claim in full, pay a portion of the claim, or deny the claim.
54,55 
These provisions must be complied within the stated timeframes unless the failure is caused by 
                                                
50
 Section 627.701(10), F.S. 
51
 Section 627.70131(5), F.S., defines “insurer” as any residential property insurer. 
52
 Section 627.70131(1)(a), F.S. 
53
 Section 627.70131(3)(a), F.S. 
54
 Section 627.70131(7)(b), F.S., defines “claim”, for purposes of this subsection, as: 1. A claim under an insurance policy 
providing residential coverage as defined in s. 627.4025(1), F.S.,; 2. A claim for structural or contents coverage under a 
commercial property insurance policy if the insured structure is 10,000 square feet or less; or 3. A claim for contents 
coverage under a commercial tenant policy if the insured premises is 10,000 square feet or less. 
55
 Section 627.70131(7)(a), F.S.   BILL: SB 7052   	Page 11 
 
factors beyond the control of the insurer which reasonably prevent the insurer from complying 
with them.
56
  
 
Except for claims subject to a hurricane deductible, any physical inspection must be conducted 
within 45 days after the insurer receives the proof-of-loss statement.
57
 Within 7 days of assigning 
an adjuster, the insurer must notify the insured that a request may be made for an estimate of the 
amount of the loss. If a request is received, the insurer must send such estimate to the insured 
within the later of 7 days after the insurer received the request or 7 days after the detailed 
estimate is completed.
58
 
 
A licensed adjuster assigned to investigate a claim must provide a policyholder with written 
notification of his or her name and state adjuster license number, and include it on any 
subsequent communication with the policyholder.
59
 An insurer must keep a record or log of each 
adjuster who communicates with the policyholder and provide a list of such adjusters to the 
insured, the OIR or the DFS upon request. 
 
Notice of Property Insurance Claims 
 
Section 627.70132, F.S., requires insureds to notify an insurer of a claim or reopened claim,
60
 
within 1 year after the date of loss.
61
 Notice of a supplemental claim
62
 must be given to the 
insurer within 18 months of the date of loss or such claim is barred. Section 627.706(5), F.S., 
requires insureds to notify an insurer of a claim, supplemental claim, or reopened sinkhole claim 
within 2 years after the insured knew or reasonably should have known about the loss.  
 
OIR Emergency Order After Natural Disasters 
 
The Financial Services Commission is required to adopt by rule standardized requirements that 
may be applied to insurers after a hurricane or other natural disaster.
63
 The rules shall address the 
following areas: 
 Claims reporting requirements. 
 Grace periods for payment of premiums and performance of other duties by insureds. 
 Temporary postponement of cancellations and nonrenewals. 
 
                                                
56
 Section 627.70131(1)(a) and (3)(a), F.S. 
57
 Section 627.70131(3)(b), F.S. 
58
 Section 627.70131(3)(d), F.S. 
59
 Section 627.70131(3)(b) and (c), F.S. 
60
 Section 627.70132(1)(a), F.S., defines “reopened claim” as a claim that an insurer has previously closed, but that has been 
reopened upon an insured’s request for additional costs for loss or damage previously disclosed to the insurer. 
61
 Section 627.702(3), F.S., provides that the date of loss for claims resulting from specified and other weather-related events, 
such as hurricanes and tornadoes, is the date that the hurricane made landfall or the other weather-related event is verified by 
the National Oceanic and Atmospheric Administration.  
62
 Section 627.70132(1)(b), F.S., defines “supplemental claim” as a claim for additional loss or damage from the same peril 
which the insured has previously adjusted or for which costs have been incurred while completing repairs or replacement 
pursuant to an open claim for which timely notice was previously provided to the insurer. 
63
 Section 627.7019(1), F.S.  BILL: SB 7052   	Page 12 
 
The rules must require the OIR to issue an order within 72 hours after the occurrence of a 
hurricane or other natural disaster specifying which standardized requirements apply, the 
geographic areas in which they apply, the time at which applicability commences, and the time at 
which applicability terminates.
64
 
 
Title Insurance Rates 
 
Title insurance rates are set by rule of the Financial Services Commission.
65
 In adopting the 
rates, the commission must consider the following:
66
 
 The title insurers’ loss experience and prospective loss experience under closing protection 
letters and policy liabilities. 
 A reasonable margin for underwriting profit and contingencies sufficient to allow title 
insurers, agents, and agencies to earn a rate of return that will attract and retain adequate 
capital investment in the title insurance business and maintain an efficient title insurance 
delivery system. 
 Past expenses and prospective expenses for administration and handling of risks. 
 Liability for defalcation.
67
 
 Other relevant factors. 
III. Effect of Proposed Changes: 
DFS Division of Consumer Services 
 
Section 1 amends s. 624.307, F.S., to: 
 Reduce insurer response time from 20 to 14 days upon a written request for documents and 
information from the Division concerning a consumer complaint. 
 Increase fines for non-compliance to $5,000 per violation (from $2,500 per violation) on 
entities and up to $1,000 per violation on a licensed individual (from a sliding scale of 
$250/$500/$1,000 on individuals for a 1st/2nd/3rd+ violation). 
 Allow electronic responses upon a written request for documents and information from the 
Division concerning a consumer complaint. 
 
Annual Report on Insurer Compliance 
 
Section 2 amends s. 624.315, F.S., to require an annual report by the OIR inspector general to 
the Legislature and Cabinet regarding the agency’s actions to enforce insurer compliance. 
 
Quarterly Reports of the OIR Action against Insurers 
 
Section 3 creates s. 624.3512, F.S., to require that the OIR quarterly issue a report of all agency 
actions taken against insurers. The report must identify the insurer, the violation, and the penalty. 
                                                
64
 Section 627.7019(2), F.S. 
65
 Section 627.782(1), F.S. 
66
 Section 627.782(2), F.S. 
67
 The act or an instance of embezzling; a failure to meet a promise or an expectation. https://www.merriam-
webster.com/dictionary/defalcation (last accessed March 31, 2023).  BILL: SB 7052   	Page 13 
 
The report must be submitted to the Financial Services Commission, the President of the Senate, 
the Speaker of the House of Representatives, and the legislative committees with jurisdiction 
over insurance matters. 
 
Financial Examinations 
 
Section 4 amends s. 624.316, F.S., to require the OIR to develop a risk-based selection 
methodology for scheduling examinations of insurers. Such methodology must include: 
 Use of currently required risk-based capital reports to prioritize financial examinations of 
insurers where such reporting indicates a decline in the insurer's financial condition. 
 Consideration of any downgrade or threatened downgrade in the insurer's financial strength 
rating. 
 Prioritization of property insurers for which the OIR identifies significant concerns about an 
insurer's solvency. 
 Any other conditions the OIR deems necessary for the protection of the public. 
 
Market Conduct Exams 
 
Section 5 amends s. 624.3161, F.S., to require the OIR to create a risk-based selection 
methodology for scheduling and conducting market conduct examinations of insurers and other 
entities regulated by the OIR. Under such methodology, the OIR must initiate a market conduct 
examination if any of the following conditions exist: 
 An insurance regulator in another state has initiated or taken regulatory action against the 
insurer or entity. 
 Given the insurer's market share in this state, the DFS or the OIR has received a 
disproportionate number of claim handling complaints against the insurer. 
 Results of a NAIC Market Conduct Annual Statement that indicate an insurer is a negative 
outlier with regard to particular metrics. 
 Evidence the insurer is engaged in a pattern or practice of violations of the Unfair Insurance 
Trade Practices Act. 
 The insurer meets the criteria in s. 624.3161(7), F.S. 
 Any other conditions the OIR deems are necessary for the protection of the public. 
 
Administrative Fines 
 
Section 6 amends s. 624.4211, F.S., to increase caps in administrative fines to:  
 For violations related to a covered loss or claim arising out of a state of emergency:  
o Non-willful violations – Up to $25,000 per violation with an aggregate up to $100,000 
for violations arising out of the same action. 
o Willful violations – Up to $200,000 per violation with an aggregate up to $1,000,000 for 
violations arising out of the same action. 
 For all other violations: 
o Non-willful violations – up to $12,500 and up to an aggregate $50,000 for violations 
arising out of the same action. 
o Willful violations – up to $100,000 and up to an aggregate $500,000 for violations arising 
out of the same action.  BILL: SB 7052   	Page 14 
 
 
Financial Consideration or Payment by an Insurer to an Affiliate 
 
Section 7 amends s. 624.424, F.S., to establish criteria for the OIR to consider when evaluating a 
fee, commission, or other financial consideration or payment by an insurer to any affiliate is fair 
and reasonable. The bill requires that in all instances the insurer must provide to the OIR 
documentation supporting that the payment to the affiliate is fair and reasonable for the service 
being provided. The criteria the office must consider in evaluating such payments include: 
 The actual cost of the services provided, and the cost of the service if provided by a non-
affiliate. 
 The relative financial condition of the insurer and the managing general agent. 
 The level of holding company debt and how debt is serviced. 
 The dividends paid by a managing general agent, and for what purpose. 
 Whether contract terms are in the best interest of policyholders. 
 
For each agreement with an affiliate in force on July 1, 2023, each insurer must provide to the 
OIR no later than October 1, 2023: 
 The cost incurred by the affiliate to provide each service; 
 The amount charged to the insurer for that service; and  
 The dollar amount of fees forgiven, waived, or reimbursed by the affiliate for the two most 
recent preceding years.  
 
Notice of Temporary Suspension of Writing New Business 
 
Section 8 creates s. 624.4301, F.S., to require insurers to give written notice to the OIR before 
any temporary suspension of writing new policies at least 20 business days before the effective 
date of the suspension or 5 business days before notifying its agents, whichever is earlier. The 
notice must specify the reason for and time period of the suspension and the proposed 
communication to its agents. 
 
Insurance Fraud – Licensure 
 
Section 9 amends s. 626.207, F.S., to revise the DFS licensure suspension statutes to specify that 
the 7-year disqualification period for misdemeanors applies to misdemeanors related to 
Insurance Code violations, in addition to the current ground that the violation is directly related 
to the financial services business. 
 
Fines for Unfair Insurance Trade Practices 
 
Section 10 amends s. 626.9521, F.S., to increase the fines for any person that violates the Unfair 
Insurance Trade Practices Act. Fines for each nonwillful violation may not exceed $12,500 (up 
from $5,000) and fines for each willful violation may not exceed $100,000 (up from $40,000). 
Fines may not exceed an aggregate amount of $50,000 (up from $20,000) for all nonwillful 
violations arising out of the same action or an aggregate amount of $500,000 (up from $200,000) 
for all willful violations arising out of the same action. 
  BILL: SB 7052   	Page 15 
 
Fines for “twisting” and for “churning” may not exceed $12,500 (up from $5,000) for each 
nonwillful violation and may not exceed $187,500 (up from $75,000) for each willful violation. 
Fines for willfully submitting fraudulent signatures on an application or policy-related document 
may not exceed $12,500 (up from $5,000) for each nonwillful violation and may not exceed 
$187,500 (up from $75,000) for each willful violation. 
 
Fines for a violation related to a covered loss or claim caused by an emergency for which the 
Governor declared a state of emergency may not exceed $25,000 for each nonwillful violation 
and may not exceed $200,000 for each willful violation. Such fines may not exceed an aggregate 
amount of $100,000 for all nonwillful violations arising out of the same action or an aggregate 
amount of $1,000,000 for all willful violations arising out of the same action. 
 
Unfair Insurance Claims Settlement Practices 
 
Section 11 amends s. 626.9541, F.S., to provide that it is an unfair claims settlement practice to, 
with such frequency as to indicate a general business practice, alter or amend an insurance 
adjuster's report without including on the report or as an addendum to the report a detailed list of 
all changes made to the report and the identity of the person who ordered each change. Any 
change that has the effect of reducing the estimate of the loss must include a detailed explanation 
why such change was made. 
 
The bill provides that it is an unfair insurance trade practice for a director or an officer of an 
impaired insurer to or permit the insurer to pay a bonus to any officer or director of the insurer. 
  
Claim Settlement Practices Relating to Motor Vehicle Insurance 
 
Section 12 amends s. 626.9743, F.S., to create a prompt-pay law for first-party and third-party 
motor vehicle insurance claims, including those with a surplus lines insurer, which mirrors the 
law for residential property insurance claims. The bill provides that: 
 Upon an insurer's receiving a communication with respect to a claim, the insurer must, within 
7 calendar days, review and acknowledge receipt of such communication unless payment is 
made within that period of time or unless the failure to acknowledge is caused by factors 
beyond the control of the insurer. If the acknowledgment is not in writing, a notification 
indicating acknowledgement shall be made in the insurer's claim file and dated. The 
acknowledgment must be responsive to the communication. 
 Unless otherwise provided by the policy of insurance or by law, within 7 days after an 
insurer receives proof-of-loss statements, the insurer must begin such investigation as is 
reasonably necessary unless the failure to begin such investigation is caused by factors 
beyond the control of the insurer. 
o If such investigation involves a physical inspection of the motor vehicle, the licensed 
adjuster assigned by the insurer must provide the policyholder with a printed or electronic 
document containing his or her name and state adjuster license number. An insurer must 
conduct any such physical inspection within 7 days after its receipt of the proof-of-loss 
statements. 
o Any subsequent communication with the policyholder regarding the claim must also 
include the name and license number of the adjuster communicating about the claim.  BILL: SB 7052   	Page 16 
 
Communication of the adjuster's name and license number may be included with other 
information provided to the policyholder. 
o An insurer may use electronic methods to investigate the loss. An insurer may void the 
insurance policy if the policyholder or any other person at the direction of the 
policyholder commits insurance fraud. 
o The insurer must send the policyholder a copy of any detailed estimate of the amount of 
the loss within 7 days after the estimate is generated by an insurer's adjuster.  
 An insurer shall maintain: 
o A record or log of each adjuster who communicates with the policyholder as provided in 
paragraphs (3)(b) and (c) and provide a list of such adjusters to the insured, the OIR, or 
the DFS upon request. 
o Claim records, including dates of: 
 Any claim-related communication made between the insurer and the policyholder or 
the policyholder's representative; 
 The insurer's receipt of the policyholder's proof of loss statement; 
 Any claim-related request for information made by the insurer to the policyholder or 
the policyholder's representative; 
 Any claim-related inspections of the property made by the insurer, including physical 
inspections and inspections made by electronic means; 
 Any detailed estimate of the amount of the loss generated by the insurer's adjuster; 
 The beginning and end of any tolling period provided for in subsection (8); and 
 The insurer's payment or denial of the claim. 
 When providing a preliminary or partial estimate of damage regarding a claim, an insurer 
shall include with the estimate the following statement printed in at least 12-point bold, 
uppercase type: THIS ESTIMATE REPRESENTS OUR CURRENT EVLAUATION OF 
THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND MAY BE 
REVISED AS WE CONTINUE TO EVALUATE YOUR CL AIM. IF YOU HAVE 
QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR 
CLAIM, WE ENCOURAGE YOU TO CONTACT US. 
 When providing a payment on a claim which is not the full and final payment for the claim, 
an insurer shall include with the payment the following statement printed in at least 12-point 
bold, uppercase type: WE ARE CONTINUING TO EVALUATE YOUR CLAIM 
INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL 
PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL 
INFORMATION REGARDING YOUR CLAI M, WE ENCOURAGE YOU TO CONTACT 
US. 
 Within 60 days after an insurer receives notice of an initial, or supplemental motor vehicle 
claim, the insurer must pay or deny such claim or a portion of the claim unless the failure to 
pay is caused by factors beyond the control of the insurer. The insurer must provide a 
reasonable explanation in writing to the policyholder of the basis for the payment, denial, or 
partial denial of a claim. If the insurer's claim payment is less than specified in any insurer's 
detailed estimate of the amount of the loss, the insurer must provide a reasonable explanation 
in writing of the difference to the policyholder.  
 The requirements of this section are tolled: 
o During the pendency of any mediation proceeding under s. 627.745, F.S., or any 
alternative dispute resolution proceeding provided for in the insurance contract.  BILL: SB 7052   	Page 17 
 
o Upon the failure of a policyholder or a representative of the policyholder to provide 
material claims information requested by the insurer within 10 days after the request was 
received.  
 
DFS Insurance Fraud Investigations 
 
Section 13 amends s. 626.989, F.S., to provide that insurance fraud referrals may be made by the 
DFS to the statewide prosecutor for crimes that impact two or more judicial circuits. 
 
The bill directs the Division of Investigative and Forensic Services, Bureau of Insurance Fraud, 
within the DFS, to submit a performance report to the President of the Senate and the Speaker of 
the House of Representatives by January 1 of each year. The report is to include at least: 
 The total number of initial referrals received, cases opened, cases presented for prosecution, 
cases closed, and convictions resulting from cases presented for prosecution by the Bureau of 
Insurance Fraud by type of insurance fraud and circuit. 
 The number of referrals received from insurers and the outcome of those referrals. 
 The number of investigations undertaken by the Bureau of Insurance Fraud which were not 
the result of a referral from an insurer and the outcome of those referrals. 
 The number of investigations that resulted in a referral to a regulatory agency and the 
disposition of those referrals. 
 The number and reasons provided by local prosecutors or the statewide prosecutor for 
declining prosecution of a case presented by the Bureau of Insurance fraud. 
 The total number of employees assigned to the Bureau of Insurance Fraud delineated by 
location of staff assigned; and the number and location of employees assigned to the Bureau 
of Insurance Fraud who were assigned to work other types of fraud cases. 
 The average caseload and turnaround time by type of case for each investigator. 
 The training provided during the year to insurance fraud investigators. 
 
Mitigation Discounts 
 
Section 14 amends s. 627.0629, F.S., to require insurers to provide information on their website 
describing the hurricane mitigation discounts available to policyholders. The bill further provides 
that on or before January 1, 2025, and every five years thereafter, the OIR reevaluate and update 
the fixtures or construction techniques demonstrated to reduce the amount of loss in a windstorm 
and the discounts, credits, other rate differentials, and reductions in deductibles that reflect the 
full actuarial value of such fixtures or construction techniques. 
 
Insurance of Policies with Claims of Insolvent Insurers 
 
Section 15 amends s. 627.351, F.S., to provide that the Citizens Property Insurance Corporation 
may not determine that a risk is ineligible for coverage with the corporation solely because such 
risk has unrepaired damage caused by a covered loss that is the subject of a claim that has been 
filed with the Florida Insurance Guaranty Association. 
 
Form Review 
  BILL: SB 7052   	Page 18 
 
Section 16 amends s. 627.410, F.S., to provide that the OIR may not waive review of the 
insurance documents or forms of any insurer whom the OIR enters a final order determining that 
such insurer violated any provision of the Insurance Code for a period of 36 months after the 
date of such order. 
 
Claims Handling Manuals 
 
Section 17 creates s. 627.4108, F.S., to require each insurer to annually submit their claims 
handling manuals to the OIR and attest that the manuals comply with the Insurance Code and 
comport to usual and customary industry claims handling practices and that the company has 
adequate resources to implement the manual, including during a catastrophic event. 
 
The bill provides that the Commission may adopt emergency rules to implement this section. 
 
Cancellation during Pending Claims 
 
Section 18 amends s. 627.4133, F.S., to provide that an authorized insurer or surplus lines 
insurer may not cancel or nonrenew a personal residential or commercial residential property 
insurance policy covering a dwelling or residential property if such property was not damaged as 
a result of a hurricane or wind loss that is the subject of the declaration of emergency, then until 
the dwelling or residential property has been repaired, if such property was damaged by any 
covered peril. 
 
The bill applies to surplus lines insurers the currently existing prohibition against cancelling or 
nonrenewing such policies for a period of 90 days after the dwelling or residential property has 
been repaired, if such property which has been damaged as a result of a hurricane or wind loss 
that is the subject of the declaration of emergency. 
 
Administration of Claims 
 
Section 19 amends s. 627.426, F.S., relating to the administration of claims, to require the OIR 
to ensure that each liability insurer, upon receiving actual notice of an incident or a loss that 
could give rise to a covered liability claim under an insurance policy: 
 Assigns a duly licensed and appointed insurance adjuster to investigate the extent of the 
insured’s probable exposure and diligently attempt to resolve any questions concerning the 
existence or extent of the insured’s coverage. 
 Based on available information, ethically evaluates every claim fairly, honestly, and with due 
regard for the interests of the insured; considers the extent of the claimant’s recoverable 
damages; and considers the information in a reasonable and prudent manner. 
 Requests from the insured or claimant additional relevant information the insurer reasonably 
deems necessary to evaluate whether to settle a claim. 
 Conducts all oral and written communications with the insured with the utmost honesty and 
complete candor. 
 Makes reasonable efforts to explain to persons not represented by counsel matters requiring 
expertise beyond the level normally expected of a layperson with no training in insurance or 
claims-handling issues.  BILL: SB 7052   	Page 19 
 
 Retains all written communications and notes and retains a summary of all verbal 
communications in a reasonable manner for a period of not less than 5 years after the later of 
the entry of a judgment against the insured in excess of policy limits becomes final, or the 
conclusion of the extracontractual claim, if any, including any related appeals. 
 Provides the insured, upon request, with all communications related to the insurer’s handling 
of the claim which are not privileged as to the insured. 
 Provides, at the insurer’s expense, reasonable accommodations necessary to communicate 
effectively with an insured covered under the Americans with Disabilities Act. 
 In handling third-party claims, communicates to an insured the identity of any other person 
or entity the insurer has reason to believe may be liable; the insurer’s evaluation of the claim; 
the likelihood and possible extent of an excess judgment; steps the insured can take to avoid 
exposure to an excess judgment, including the right to secure personal counsel at the 
insured’s expense; and the insured’s duty to cooperate with the insurer, including any 
specific requests required because of a settlement opportunity or by the insurer in accordance 
with the policy, the purpose of the required cooperation, and the consequences of refusing to 
cooperate; and any settlement demands or offers. 
 If, after the expiration of the safe harbor periods in s. 624.155(4) or (6), F.S., as applicable, 
the facts available to the insurer indicate that the insured’s liability is likely to exceed the 
policy limits, initiates settlement negotiations by tendering its policy limits to the claimant in 
exchange for a general release of the insured. 
 Gives fair consideration to a settlement offer that is not unreasonable under the facts 
available to the insurer and failure to settle, if possible, when a reasonably prudent person, 
faced with the prospect of paying the total probable exposure of the insured, would do so. 
The insurer must provide reasonable assistance to the insured to comply with the insured’s 
obligations to cooperate and act reasonably to attempt to satisfy any conditions of a 
claimant’s settlement offer. If it is not possible to settle a liability claim within the available 
policy limits, the insurer must act reasonably to attempt to minimize the excess exposure to 
the insured.  
 When multiple claims arise out of a single occurrence, the combined value of all claims 
exceeds the total of all applicable policy limits, and the claimants are unwilling to globally 
settle within the policy limits, thereafter, attempts to minimize the magnitude of possible 
excess judgments against the insured. The insurer is entitled to great discretion to decide how 
much to offer each respective claimant in its attempt to protect the insured. The insurer may, 
in its effort to minimize the excess liability of the insured, use its discretion to offer the full 
available policy limits to one or more claimants to the exclusion of other claimants and may 
leave the insured exposed to some liability after all the policy limits are paid. An insurer does 
not violate this section simply because it is unable to settle all claims in a multiple claimant 
case. 
 When a loss creates the potential for a third-party claim against more than one insured, 
attempts to settle the claim on behalf of all insureds against whom a claim may be presented. 
If it is not possible to settle on behalf of all insureds, the insurer, in consultation with the 
insureds, must attempt to enter into reasonable settlements of claims against certain insureds 
to the exclusion of other insureds. 
 Responds to any request for insurance information in compliance with s. 626.9372 or s. 
627.4137, F.S., as applicable.  BILL: SB 7052   	Page 20 
 
 Where it appears the insured’s probable exposure is greater than policy limits, takes 
reasonable measures to preserve, for a reasonable period of time, evidence that is needed for 
the defense of the liability claim. 
 Complies with s. 627.426, F.S., if applicable; or 
 Complies with any other provision of this act. 
 
Violations of this section constitute violations of the Florida Insurance Code and are subject to 
any applicable enforcement provisions. 
 
Roof Deductibles 
 
Section 20 amends s. 627.701(10), F.S., to provide that if a roof deductible is applied, no other 
deductible under the policy may be applied to the loss “or to any other loss to the property 
caused by the same covered peril.” 
 
Notice of Property Insurance Claims 
 
Section 21 amends s. 627.70132, F.S., to toll the time period for filing a property insurance 
claim during an insured’s active duty military service. 
 
OIR Emergency Order after Natural Disasters 
 
Section 22 amends s. 627.7019, F.S., to provide that such orders apply to surplus lines insurers. 
 
Title Insurance Rates 
 
Section 23 amends s. 627.782, F.S., to provide that title insurers must file their rates with the 
OIR to ensure they are not inadequate, excessive, or unfairly discriminatory. Removes the 
authority for the Commission to set the rates by rule. 
 
Legislative Intent 
 
Section 24 provides legislative intent that Chapter 2022-271, Laws of Florida, passed during 
Special Session A in December 2023, shall not be construed to impair any right under an 
insurance contract in effect on or before the effective date of that chapter law (December 16, 
2022). The bill provides that to the extent that Chapter 2022-271, Laws of Florida, affects a right 
under an insurance contract, that chapter law applies to an insurance contract issued or renewed 
after the effective date of that chapter law. This section is intended to clarify existing law and is 
remedial in nature. 
 
Insurance Rates - Change in Law 
 
Section 25 requires that every residential property insurer rate filing and every motor vehicle 
insurer rate filing must reflect, and the OIR must consider in reviewing rates, an actuarially 
anticipated impact on the frequency and severity of claims and associated loss adjustment 
expenses due to the combined effect of revisions made by: 
 Chapter 2021-77, L.O.F. (SB 76 – 2021);  BILL: SB 7052   	Page 21 
 
 Chapter 2022-268, L.O.F. (SB 2-D - 2022);  
 Chapter 2022-271, L.O.F. (SB 2-A - 2022); and  
 Chapter 2023-15, L.O.F. (HB 837 - 2023). 
 
Authorizes the OIR to develop presumed factor(s) to evaluate the effects of the bills. The bill 
appropriates $500,000 from the Insurance Regulatory Trust Fund for the OIR to obtain an 
actuarial study. 
 
DFS Program Funding 
 
Section 26 appropriates five positions with associated salary rate of 325,000 and the sum of 
$494,774 in recurring funds and $23,410 in non-recurring funds from the Insurance Regulatory 
Trust Fund to the DFS to implement the bill. 
 
Effective Date 
 
Section 27 provides an effective date of July 1, 2023. 
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.  BILL: SB 7052   	Page 22 
 
B. Private Sector Impact: 
The bill should have a positive impact on individuals and businesses whose premiums for 
property insurance and motor vehicle insurance will include consideration the impact of 
recent legislative reforms on projected losses. Property insurance customers should 
benefit from more frequent updates to mitigation credits and greater public awareness of 
their availability. Title insurance customers should benefit from full OIR review of rates 
to ensure they are not excessive, inadequate, or unfairly discriminatory.  
 
The additional reporting requirements created by the bill will have an indeterminate 
impact on insurers.  
C. Government Sector Impact: 
The bill appropriates $500,000 from the Insurance Regulatory Trust Fund for the OIR to 
obtain an actuarial study. 
 
The bill appropriates five positions with associated salary rate of 325,000 and the sum of 
$494,774 in recurring funds and $23,410 in non-recurring funds from the Insurance 
Regulatory Trust Fund to the DFS to implement the bill. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 624.307, 624.315, 
624,316, 624.3161, 624.4211, 624.424, 626.207, 626.9521, 626.9541, 626.9743, 626.989, 
627.0629, 627.351, 627.410, 627.4133, 627.426, 627.701, 627.70132, 627.7019, and 627.782.   
 
This bill creates the following sections of the Florida Statutes: 624.3512, 624.4301, and 
627.4108.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None.  BILL: SB 7052   	Page 23 
 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.