Florida 2024 2024 Regular Session

Florida House Bill H0625 Introduced / Bill

Filed 11/21/2023

                       
 
HB 625  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to property insurance coverage; 2 
amending s. 627.351, F.S.; removing provisions 3 
relating to ineligibility of commercial lines 4 
residential condominiums for wind -only coverage by 5 
Citizens Property Insurance Corporation under certain 6 
circumstances; amending s. 627.7011, F.S.; requiring 7 
authorized inspectors to use a specified inspection 8 
form for roof inspections; authorizing such in spectors 9 
to provide appendices to the inspection forms for a 10 
specified purpose; amending s. 627.714, F.S.; 11 
increasing property loss assessment coverages under 12 
condominium unit owners' residential property 13 
policies; providing an effective date. 14 
 15 
Be It Enacted by the Legislature of the State of Florida: 16 
 17 
 Section 1.  Paragraph (a) of subsection (6) of section 18 
627.351, Florida Statutes, is amended to read: 19 
 627.351  Insurance risk apportionment plans. — 20 
 (6)  CITIZENS PROPERTY INSURANCE CORPORATION. — 21 
 (a) The public purpose of this subsection is to ensure 22 
that there is an orderly market for property insurance for 23 
residents and businesses of this state. 24 
 1.  The Legislature finds that private insurers are 25     
 
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unwilling or unable to provide affordable property insurance 26 
coverage in this state to the extent sought and needed. The 27 
absence of affordable property insurance threatens the public 28 
health, safety, and welfare and likewise threatens the economic 29 
health of the state. The state therefore has a compelling pu blic 30 
interest and a public purpose to assist in assuring that 31 
property in the state is insured and that it is insured at 32 
affordable rates so as to facilitate the remediation, 33 
reconstruction, and replacement of damaged or destroyed property 34 
in order to reduce or avoid the negative effects otherwise 35 
resulting to the public health, safety, and welfare, to the 36 
economy of the state, and to the revenues of the state and local 37 
governments which are needed to provide for the public welfare. 38 
It is necessary, therefo re, to provide affordable property 39 
insurance to applicants who are in good faith entitled to 40 
procure insurance through the voluntary market but are unable to 41 
do so. The Legislature intends, therefore, that affordable 42 
property insurance be provided and that it continue to be 43 
provided, as long as necessary, through Citizens Property 44 
Insurance Corporation, a government entity that is an integral 45 
part of the state, and that is not a private insurance company. 46 
To that end, the corporation shall strive to increas e the 47 
availability of affordable property insurance in this state, 48 
while achieving efficiencies and economies, and while providing 49 
service to policyholders, applicants, and agents which is no 50     
 
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less than the quality generally provided in the voluntary 51 
market, for the achievement of the foregoing public purposes. 52 
Because it is essential for this government entity to have the 53 
maximum financial resources to pay claims following a 54 
catastrophic hurricane, it is the intent of the Legislature that 55 
the corporation continue to be an integral part of the state and 56 
that the income of the corporation be exempt from federal income 57 
taxation and that interest on the debt obligations issued by the 58 
corporation be exempt from federal income taxation. 59 
 2.  The Residential Proper ty and Casualty Joint 60 
Underwriting Association originally created by this statute 61 
shall be known as the Citizens Property Insurance Corporation. 62 
The corporation shall provide insurance for residential and 63 
commercial property, for applicants who are entitle d, but, in 64 
good faith, are unable to procure insurance through the 65 
voluntary market. The corporation shall operate pursuant to a 66 
plan of operation approved by order of the Financial Services 67 
Commission. The plan is subject to continuous review by the 68 
commission. The commission may, by order, withdraw approval of 69 
all or part of a plan if the commission determines that 70 
conditions have changed since approval was granted and that the 71 
purposes of the plan require changes in the plan. For the 72 
purposes of this sub section, residential coverage includes both 73 
personal lines residential coverage, which consists of the type 74 
of coverage provided by homeowner, mobile home owner, dwelling, 75     
 
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tenant, condominium unit owner, and similar policies; and 76 
commercial lines residenti al coverage, which consists of the 77 
type of coverage provided by condominium association, apartment 78 
building, and similar policies. 79 
 3.  With respect to coverage for personal lines residential 80 
structures: 81 
 a.  Effective January 1, 2014, a structure that has a 82 
dwelling replacement cost of $1 million or more, or a single 83 
condominium unit that has a combined dwelling and contents 84 
replacement cost of $1 million or more, is not eligible for 85 
coverage by the corporation. Such dwellings insured by the 86 
corporation on December 31, 2013, may continue to be covered by 87 
the corporation until the end of the policy term. The office 88 
shall approve the method used by the corporation for valuing the 89 
dwelling replacement cost for the purposes of this subparagraph. 90 
If a policyholder is insured by the corporation before being 91 
determined to be ineligible pursuant to this subparagraph and 92 
such policyholder files a lawsuit challenging the determination, 93 
the policyholder may remain insured by the corporation until the 94 
conclusion of the litigation. 95 
 b.  Effective January 1, 2015, a structure that has a 96 
dwelling replacement cost of $900,000 or more, or a single 97 
condominium unit that has a combined dwelling and contents 98 
replacement cost of $900,000 or more, is not eligible for 99 
coverage by the corporation. Such dwellings insured by the 100     
 
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corporation on December 31, 2014, may continue to be covered by 101 
the corporation only until the end of the policy term. 102 
 c.  Effective January 1, 2016, a structure that has a 103 
dwelling replacement cost of $800,00 0 or more, or a single 104 
condominium unit that has a combined dwelling and contents 105 
replacement cost of $800,000 or more, is not eligible for 106 
coverage by the corporation. Such dwellings insured by the 107 
corporation on December 31, 2015, may continue to be cove red by 108 
the corporation until the end of the policy term. 109 
 d.  Effective January 1, 2017, a structure that has a 110 
dwelling replacement cost of $700,000 or more, or a single 111 
condominium unit that has a combined dwelling and contents 112 
replacement cost of $700,0 00 or more, is not eligible for 113 
coverage by the corporation. Such dwellings insured by the 114 
corporation on December 31, 2016, may continue to be covered by 115 
the corporation until the end of the policy term. 116 
 117 
The requirements of sub -subparagraphs b.-d. do not apply in 118 
counties where the office determines there is not a reasonable 119 
degree of competition. In such counties a personal lines 120 
residential structure that has a dwelling replacement cost of 121 
less than $1 million, or a single condominium unit that has a 122 
combined dwelling and contents replacement cost of less than $1 123 
million, is eligible for coverage by the corporation. 124 
 4.  It is the intent of the Legislature that policyholders, 125     
 
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applicants, and agents of the corporation receive service and 126 
treatment of the highest possible level but never less than that 127 
generally provided in the voluntary market. It is also intended 128 
that the corporation be held to service standards no less than 129 
those applied to insurers in th e voluntary market by the office 130 
with respect to responsiveness, timeliness, customer courtesy, 131 
and overall dealings with policyholders, applicants, or agents 132 
of the corporation. 133 
 5.a.  Effective January 1, 2009, a personal lines 134 
residential structure that is located in the "wind -borne debris 135 
region," as defined in s. 1609.2, International Building Code 136 
(2006), and that has an insured value on the structure of 137 
$750,000 or more is not eligible for coverage by the corporation 138 
unless the structure has opening protections as required under 139 
the Florida Building Code for a newly constructed residential 140 
structure in that area. A residential structure is deemed to 141 
comply with this sub -subparagraph if it has shutters or opening 142 
protections on all openings and if such opening protections 143 
complied with the Florida Building Code at the time they were 144 
installed. 145 
 b.  Any major structure, as defined in s. 161.54(6)(a), 146 
that is newly constructed, or rebuilt, repaired, restored, or 147 
remodeled to increase the total square foot age of finished area 148 
by more than 25 percent, pursuant to a permit applied for after 149 
July 1, 2015, is not eligible for coverage by the corporation if 150     
 
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the structure is seaward of the coastal construction control 151 
line established pursuant to s. 161.053 or is within the Coastal 152 
Barrier Resources System as designated by 16 U.S.C. ss. 3501 -153 
3510. 154 
 6.  With respect to wind -only coverage for commercial lines 155 
residential condominiums, effective July 1, 2014, a condominium 156 
shall be deemed ineligible for coverage if 5 0 percent or more of 157 
the units are rented more than eight times in a calendar year 158 
for a rental agreement period of less than 30 days. 159 
 Section 2.  Paragraph (c) of subsection (5) of section 160 
627.7011, Florida Statutes, is amended to read: 161 
 627.7011  Homeowners' policies; offer of replacement cost 162 
coverage and law and ordinance coverage. — 163 
 (5) 164 
 (c)  For a roof that is at least 15 years old, an insurer 165 
must allow a homeowner to have a roof inspection performed by an 166 
authorized inspector at the homeowner's e xpense before requiring 167 
the replacement of the roof of a residential structure as a 168 
condition of issuing or renewing a homeowner's insurance policy. 169 
The insurer may not refuse to issue or refuse to renew a 170 
homeowner's insurance policy solely because of roo f age if an 171 
inspection of the roof of the residential structure performed by 172 
an authorized inspector indicates that the roof has 5 years or 173 
more of useful life remaining. An authorized inspector must use 174 
the Commercial Roof Condition Inspection Form (CL -RCF-1 07 17). 175     
 
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An authorized inspector may provide an appendix to this form 176 
which includes pictures or other documentation to demonstrate 177 
the remaining useful life of the roof. 178 
 Section 3.  Subsection (1) of section 627.714, Florida 179 
Statutes, is amended to read: 180 
 627.714  Residential condominium unit owner coverage; loss 181 
assessment coverage required. — 182 
 (1)  For policies issued or renewed on or after July 1, 183 
2024 2010, coverage under a unit owner's residential property 184 
policy must include at least $5,000 $2,000 in property loss 185 
assessment coverage for all assessments made as a result of the 186 
same direct loss to the property, regardless of the number of 187 
assessments, owned by all members of the association 188 
collectively if such loss is of the type of loss covered by the 189 
unit owner's residential property insurance policy, to which a 190 
deductible of no more than $250 per direct property loss 191 
applies. If a deductible was or will be applied to other 192 
property loss sustained by the unit owner resulting from the 193 
same direct loss to the property, no deductible applies to the 194 
loss assessment coverage. 195 
 Section 4.  This act shall take effect July 1, 2024. 196