HB 625 2024 CODING: Words stricken are deletions; words underlined are additions. hb0625-00 Page 1 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to property insurance 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 HB 625 2024 CODING: Words stricken are deletions; words underlined are additions. hb0625-00 Page 2 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 625 2024 CODING: Words stricken are deletions; words underlined are additions. hb0625-00 Page 3 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 625 2024 CODING: Words stricken are deletions; words underlined are additions. hb0625-00 Page 4 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 625 2024 CODING: Words stricken are deletions; words underlined are additions. hb0625-00 Page 5 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 625 2024 CODING: Words stricken are deletions; words underlined are additions. hb0625-00 Page 6 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 625 2024 CODING: Words stricken are deletions; words underlined are additions. hb0625-00 Page 7 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 625 2024 CODING: Words stricken are deletions; words underlined are additions. hb0625-00 Page 8 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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