22 | | - | form for inspections of residential structure roofs; 9 |
---|
23 | | - | authorizing such inspectors to provide appendices to 10 |
---|
24 | | - | the inspection forms for a specified purpose; creating 11 |
---|
25 | | - | s. 627.70143, F.S.; providing a definition; requiring 12 |
---|
26 | | - | authorized inspectors to use a specified inspection 13 |
---|
27 | | - | form for inspections of commercial structure roo fs; 14 |
---|
28 | | - | authorizing such inspectors to provide appendices to 15 |
---|
29 | | - | the inspection forms for a specified purpose; amending 16 |
---|
30 | | - | s. 627.714, F.S.; increasing property loss assessment 17 |
---|
31 | | - | coverages under condominium unit owners' residential 18 |
---|
32 | | - | property policies; providing an effec tive date. 19 |
---|
33 | | - | 20 |
---|
34 | | - | Be It Enacted by the Legislature of the State of Florida: 21 |
---|
35 | | - | 22 |
---|
36 | | - | Section 1. Paragraph (a) of subsection (6) of section 23 |
---|
37 | | - | 627.351, Florida Statutes, is amended, and paragraph (n) of 24 |
---|
38 | | - | subsection (6) of that section is republished, to read: 25 |
---|
| 22 | + | form for roof inspections; authorizing such in spectors 9 |
---|
| 23 | + | to provide appendices to the inspection forms for a 10 |
---|
| 24 | + | specified purpose; amending s. 627.714, F.S.; 11 |
---|
| 25 | + | increasing property loss assessment coverages under 12 |
---|
| 26 | + | condominium unit owners' residential property 13 |
---|
| 27 | + | policies; providing an effective date. 14 |
---|
| 28 | + | 15 |
---|
| 29 | + | Be It Enacted by the Legislature of the State of Florida: 16 |
---|
| 30 | + | 17 |
---|
| 31 | + | Section 1. Paragraph (a) of subsection (6) of section 18 |
---|
| 32 | + | 627.351, Florida Statutes, is amended to read: 19 |
---|
| 33 | + | 627.351 Insurance risk apportionment plans. — 20 |
---|
| 34 | + | (6) CITIZENS PROPERTY INSURANCE CORPORATION. — 21 |
---|
| 35 | + | (a) The public purpose of this subsection is to ensure 22 |
---|
| 36 | + | that there is an orderly market for property insurance for 23 |
---|
| 37 | + | residents and businesses of this state. 24 |
---|
| 38 | + | 1. The Legislature finds that private insurers are 25 |
---|
51 | | - | 627.351 Insurance risk apportionment plans. — 26 |
---|
52 | | - | (6) CITIZENS PROPERTY INSURANCE CORPORATION. — 27 |
---|
53 | | - | (a) The public purpose of this subsection is to ensure 28 |
---|
54 | | - | that there is an orderly market for property insurance for 29 |
---|
55 | | - | residents and businesses of this state. 30 |
---|
56 | | - | 1. The Legislature finds that private insurers are 31 |
---|
57 | | - | unwilling or unable to provide affordable property insurance 32 |
---|
58 | | - | coverage in this state to the extent sought and needed. The 33 |
---|
59 | | - | absence of affordable property insurance threatens the public 34 |
---|
60 | | - | health, safety, and welfare and likewise threatens the economic 35 |
---|
61 | | - | health of the state. The state therefore has a compelling public 36 |
---|
62 | | - | interest and a public purpose to assist in assuring that 37 |
---|
63 | | - | property in the state is insured and that it is insured at 38 |
---|
64 | | - | affordable rates so as to facilitate the re mediation, 39 |
---|
65 | | - | reconstruction, and replacement of damaged or destroyed property 40 |
---|
66 | | - | in order to reduce or avoid the negative effects otherwise 41 |
---|
67 | | - | resulting to the public health, safety, and welfare, to the 42 |
---|
68 | | - | economy of the state, and to the revenues of the state and lo cal 43 |
---|
69 | | - | governments which are needed to provide for the public welfare. 44 |
---|
70 | | - | It is necessary, therefore, to provide affordable property 45 |
---|
71 | | - | insurance to applicants who are in good faith entitled to 46 |
---|
72 | | - | procure insurance through the voluntary market but are unable to 47 |
---|
73 | | - | do so. The Legislature intends, therefore, that affordable 48 |
---|
74 | | - | property insurance be provided and that it continue to be 49 |
---|
75 | | - | provided, as long as necessary, through Citizens Property 50 |
---|
| 51 | + | unwilling or unable to provide affordable property insurance 26 |
---|
| 52 | + | coverage in this state to the extent sought and needed. The 27 |
---|
| 53 | + | absence of affordable property insurance threatens the public 28 |
---|
| 54 | + | health, safety, and welfare and likewise threatens the economic 29 |
---|
| 55 | + | health of the state. The state therefore has a compelling pu blic 30 |
---|
| 56 | + | interest and a public purpose to assist in assuring that 31 |
---|
| 57 | + | property in the state is insured and that it is insured at 32 |
---|
| 58 | + | affordable rates so as to facilitate the remediation, 33 |
---|
| 59 | + | reconstruction, and replacement of damaged or destroyed property 34 |
---|
| 60 | + | in order to reduce or avoid the negative effects otherwise 35 |
---|
| 61 | + | resulting to the public health, safety, and welfare, to the 36 |
---|
| 62 | + | economy of the state, and to the revenues of the state and local 37 |
---|
| 63 | + | governments which are needed to provide for the public welfare. 38 |
---|
| 64 | + | It is necessary, therefo re, to provide affordable property 39 |
---|
| 65 | + | insurance to applicants who are in good faith entitled to 40 |
---|
| 66 | + | procure insurance through the voluntary market but are unable to 41 |
---|
| 67 | + | do so. The Legislature intends, therefore, that affordable 42 |
---|
| 68 | + | property insurance be provided and that it continue to be 43 |
---|
| 69 | + | provided, as long as necessary, through Citizens Property 44 |
---|
| 70 | + | Insurance Corporation, a government entity that is an integral 45 |
---|
| 71 | + | part of the state, and that is not a private insurance company. 46 |
---|
| 72 | + | To that end, the corporation shall strive to increas e the 47 |
---|
| 73 | + | availability of affordable property insurance in this state, 48 |
---|
| 74 | + | while achieving efficiencies and economies, and while providing 49 |
---|
| 75 | + | service to policyholders, applicants, and agents which is no 50 |
---|
88 | | - | Insurance Corporation, a government entity that is an integral 51 |
---|
89 | | - | part of the state, and t hat is not a private insurance company. 52 |
---|
90 | | - | To that end, the corporation shall strive to increase the 53 |
---|
91 | | - | availability of affordable property insurance in this state, 54 |
---|
92 | | - | while achieving efficiencies and economies, and while providing 55 |
---|
93 | | - | service to policyholders, applica nts, and agents which is no 56 |
---|
94 | | - | less than the quality generally provided in the voluntary 57 |
---|
95 | | - | market, for the achievement of the foregoing public purposes. 58 |
---|
96 | | - | Because it is essential for this government entity to have the 59 |
---|
97 | | - | maximum financial resources to pay claims fol lowing a 60 |
---|
98 | | - | catastrophic hurricane, it is the intent of the Legislature that 61 |
---|
99 | | - | the corporation continue to be an integral part of the state and 62 |
---|
100 | | - | that the income of the corporation be exempt from federal income 63 |
---|
101 | | - | taxation and that interest on the debt obligations i ssued by the 64 |
---|
102 | | - | corporation be exempt from federal income taxation. 65 |
---|
103 | | - | 2. The Residential Property and Casualty Joint 66 |
---|
104 | | - | Underwriting Association originally created by this statute 67 |
---|
105 | | - | shall be known as the Citizens Property Insurance Corporation. 68 |
---|
106 | | - | The corporation shall provide insurance for residential and 69 |
---|
107 | | - | commercial property, for applicants who are entitled, but, in 70 |
---|
108 | | - | good faith, are unable to procure insurance through the 71 |
---|
109 | | - | voluntary market. The corporation shall operate pursuant to a 72 |
---|
110 | | - | plan of operation approved by order of the Financial Services 73 |
---|
111 | | - | Commission. The plan is subject to continuous review by the 74 |
---|
112 | | - | commission. The commission may, by order, withdraw approval of 75 |
---|
| 88 | + | less than the quality generally provided in the voluntary 51 |
---|
| 89 | + | market, for the achievement of the foregoing public purposes. 52 |
---|
| 90 | + | Because it is essential for this government entity to have the 53 |
---|
| 91 | + | maximum financial resources to pay claims following a 54 |
---|
| 92 | + | catastrophic hurricane, it is the intent of the Legislature that 55 |
---|
| 93 | + | the corporation continue to be an integral part of the state and 56 |
---|
| 94 | + | that the income of the corporation be exempt from federal income 57 |
---|
| 95 | + | taxation and that interest on the debt obligations issued by the 58 |
---|
| 96 | + | corporation be exempt from federal income taxation. 59 |
---|
| 97 | + | 2. The Residential Proper ty and Casualty Joint 60 |
---|
| 98 | + | Underwriting Association originally created by this statute 61 |
---|
| 99 | + | shall be known as the Citizens Property Insurance Corporation. 62 |
---|
| 100 | + | The corporation shall provide insurance for residential and 63 |
---|
| 101 | + | commercial property, for applicants who are entitle d, but, in 64 |
---|
| 102 | + | good faith, are unable to procure insurance through the 65 |
---|
| 103 | + | voluntary market. The corporation shall operate pursuant to a 66 |
---|
| 104 | + | plan of operation approved by order of the Financial Services 67 |
---|
| 105 | + | Commission. The plan is subject to continuous review by the 68 |
---|
| 106 | + | commission. The commission may, by order, withdraw approval of 69 |
---|
| 107 | + | all or part of a plan if the commission determines that 70 |
---|
| 108 | + | conditions have changed since approval was granted and that the 71 |
---|
| 109 | + | purposes of the plan require changes in the plan. For the 72 |
---|
| 110 | + | purposes of this sub section, residential coverage includes both 73 |
---|
| 111 | + | personal lines residential coverage, which consists of the type 74 |
---|
| 112 | + | of coverage provided by homeowner, mobile home owner, dwelling, 75 |
---|
125 | | - | all or part of a plan if the commission determines that 76 |
---|
126 | | - | conditions have changed since approval was granted and that the 77 |
---|
127 | | - | purposes of the plan require changes in the plan. For the 78 |
---|
128 | | - | purposes of this subsection, residential coverage includes both 79 |
---|
129 | | - | personal lines residential coverage, which consists of the type 80 |
---|
130 | | - | of coverage provided by homeowner, mobile home owner, dw elling, 81 |
---|
131 | | - | tenant, condominium unit owner, and similar policies; and 82 |
---|
132 | | - | commercial lines residential coverage, which consists of the 83 |
---|
133 | | - | type of coverage provided by condominium association, apartment 84 |
---|
134 | | - | building, and similar policies. 85 |
---|
135 | | - | 3. With respect to coverage for personal lines residential 86 |
---|
136 | | - | structures: 87 |
---|
137 | | - | a. Effective January 1, 2014, a structure that has a 88 |
---|
138 | | - | dwelling replacement cost of $1 million or more, or a single 89 |
---|
139 | | - | condominium unit that has a combined dwelling and contents 90 |
---|
140 | | - | replacement cost of $1 million or more, i s not eligible for 91 |
---|
141 | | - | coverage by the corporation. Such dwellings insured by the 92 |
---|
142 | | - | corporation on December 31, 2013, may continue to be covered by 93 |
---|
143 | | - | the corporation until the end of the policy term. The office 94 |
---|
144 | | - | shall approve the method used by the corporation for valuing the 95 |
---|
145 | | - | dwelling replacement cost for the purposes of this subparagraph. 96 |
---|
146 | | - | If a policyholder is insured by the corporation before being 97 |
---|
147 | | - | determined to be ineligible pursuant to this subparagraph and 98 |
---|
148 | | - | such policyholder files a lawsuit challenging the determ ination, 99 |
---|
149 | | - | the policyholder may remain insured by the corporation until the 100 |
---|
| 125 | + | tenant, condominium unit owner, and similar policies; and 76 |
---|
| 126 | + | commercial lines residenti al coverage, which consists of the 77 |
---|
| 127 | + | type of coverage provided by condominium association, apartment 78 |
---|
| 128 | + | building, and similar policies. 79 |
---|
| 129 | + | 3. With respect to coverage for personal lines residential 80 |
---|
| 130 | + | structures: 81 |
---|
| 131 | + | a. Effective January 1, 2014, a structure that has a 82 |
---|
| 132 | + | dwelling replacement cost of $1 million or more, or a single 83 |
---|
| 133 | + | condominium unit that has a combined dwelling and contents 84 |
---|
| 134 | + | replacement cost of $1 million or more, is not eligible for 85 |
---|
| 135 | + | coverage by the corporation. Such dwellings insured by the 86 |
---|
| 136 | + | corporation on December 31, 2013, may continue to be covered by 87 |
---|
| 137 | + | the corporation until the end of the policy term. The office 88 |
---|
| 138 | + | shall approve the method used by the corporation for valuing the 89 |
---|
| 139 | + | dwelling replacement cost for the purposes of this subparagraph. 90 |
---|
| 140 | + | If a policyholder is insured by the corporation before being 91 |
---|
| 141 | + | determined to be ineligible pursuant to this subparagraph and 92 |
---|
| 142 | + | such policyholder files a lawsuit challenging the determination, 93 |
---|
| 143 | + | the policyholder may remain insured by the corporation until the 94 |
---|
| 144 | + | conclusion of the litigation. 95 |
---|
| 145 | + | b. Effective January 1, 2015, a structure that has a 96 |
---|
| 146 | + | dwelling replacement cost of $900,000 or more, or a single 97 |
---|
| 147 | + | condominium unit that has a combined dwelling and contents 98 |
---|
| 148 | + | replacement cost of $900,000 or more, is not eligible for 99 |
---|
| 149 | + | coverage by the corporation. Such dwellings insured by the 100 |
---|
162 | | - | conclusion of the litigation. 101 |
---|
163 | | - | b. Effective January 1, 2015, a structure that has a 102 |
---|
164 | | - | dwelling replacement cost of $900,000 or more, or a single 103 |
---|
165 | | - | condominium unit that has a combined d welling and contents 104 |
---|
166 | | - | replacement cost of $900,000 or more, is not eligible for 105 |
---|
167 | | - | coverage by the corporation. Such dwellings insured by the 106 |
---|
168 | | - | corporation on December 31, 2014, may continue to be covered by 107 |
---|
169 | | - | the corporation only until the end of the policy term. 108 |
---|
170 | | - | c. Effective January 1, 2016, a structure that has a 109 |
---|
171 | | - | dwelling replacement cost of $800,000 or more, or a single 110 |
---|
172 | | - | condominium unit that has a combined dwelling and contents 111 |
---|
173 | | - | replacement cost of $800,000 or more, is not eligible for 112 |
---|
174 | | - | coverage by the corporat ion. Such dwellings insured by the 113 |
---|
175 | | - | corporation on December 31, 2015, may continue to be covered by 114 |
---|
176 | | - | the corporation until the end of the policy term. 115 |
---|
177 | | - | d. Effective January 1, 2017, a structure that has a 116 |
---|
178 | | - | dwelling replacement cost of $700,000 or more, or a single 117 |
---|
179 | | - | condominium unit that has a combined dwelling and contents 118 |
---|
180 | | - | replacement cost of $700,000 or more, is not eligible for 119 |
---|
181 | | - | coverage by the corporation. Such dwellings insured by the 120 |
---|
182 | | - | corporation on December 31, 2016, may continue to be covered by 121 |
---|
183 | | - | the corporation until the end of the policy term. 122 |
---|
184 | | - | 123 |
---|
185 | | - | The requirements of sub -subparagraphs b.-d. do not apply in 124 |
---|
186 | | - | counties where the office determines there is not a reasonable 125 |
---|
| 162 | + | corporation on December 31, 2014, may continue to be covered by 101 |
---|
| 163 | + | the corporation only until the end of the policy term. 102 |
---|
| 164 | + | c. Effective January 1, 2016, a structure that has a 103 |
---|
| 165 | + | dwelling replacement cost of $800,00 0 or more, or a single 104 |
---|
| 166 | + | condominium unit that has a combined dwelling and contents 105 |
---|
| 167 | + | replacement cost of $800,000 or more, is not eligible for 106 |
---|
| 168 | + | coverage by the corporation. Such dwellings insured by the 107 |
---|
| 169 | + | corporation on December 31, 2015, may continue to be cove red by 108 |
---|
| 170 | + | the corporation until the end of the policy term. 109 |
---|
| 171 | + | d. Effective January 1, 2017, a structure that has a 110 |
---|
| 172 | + | dwelling replacement cost of $700,000 or more, or a single 111 |
---|
| 173 | + | condominium unit that has a combined dwelling and contents 112 |
---|
| 174 | + | replacement cost of $700,0 00 or more, is not eligible for 113 |
---|
| 175 | + | coverage by the corporation. Such dwellings insured by the 114 |
---|
| 176 | + | corporation on December 31, 2016, may continue to be covered by 115 |
---|
| 177 | + | the corporation until the end of the policy term. 116 |
---|
| 178 | + | 117 |
---|
| 179 | + | The requirements of sub -subparagraphs b.-d. do not apply in 118 |
---|
| 180 | + | counties where the office determines there is not a reasonable 119 |
---|
| 181 | + | degree of competition. In such counties a personal lines 120 |
---|
| 182 | + | residential structure that has a dwelling replacement cost of 121 |
---|
| 183 | + | less than $1 million, or a single condominium unit that has a 122 |
---|
| 184 | + | combined dwelling and contents replacement cost of less than $1 123 |
---|
| 185 | + | million, is eligible for coverage by the corporation. 124 |
---|
| 186 | + | 4. It is the intent of the Legislature that policyholders, 125 |
---|
199 | | - | degree of competition. In such counties a personal lines 126 |
---|
200 | | - | residential structure that has a d welling replacement cost of 127 |
---|
201 | | - | less than $1 million, or a single condominium unit that has a 128 |
---|
202 | | - | combined dwelling and contents replacement cost of less than $1 129 |
---|
203 | | - | million, is eligible for coverage by the corporation. 130 |
---|
204 | | - | 4. It is the intent of the Legislature that policyholders, 131 |
---|
205 | | - | applicants, and agents of the corporation receive service and 132 |
---|
206 | | - | treatment of the highest possible level but never less than that 133 |
---|
207 | | - | generally provided in the voluntary market. It is also intended 134 |
---|
208 | | - | that the corporation be held to service standards no less than 135 |
---|
209 | | - | those applied to insurers in the voluntary market by the office 136 |
---|
210 | | - | with respect to responsiveness, timeliness, customer courtesy, 137 |
---|
211 | | - | and overall dealings with policyholders, applicants, or agents 138 |
---|
212 | | - | of the corporation. 139 |
---|
213 | | - | 5.a. Effective January 1, 2009, a personal lines 140 |
---|
214 | | - | residential structure that is located in the "wind -borne debris 141 |
---|
215 | | - | region," as defined in s. 1609.2, International Building Code 142 |
---|
216 | | - | (2006), and that has an insured value on the structure of 143 |
---|
217 | | - | $750,000 or more is not eligible for coverage by the c orporation 144 |
---|
218 | | - | unless the structure has opening protections as required under 145 |
---|
219 | | - | the Florida Building Code for a newly constructed residential 146 |
---|
220 | | - | structure in that area. A residential structure is deemed to 147 |
---|
221 | | - | comply with this sub -subparagraph if it has shutters or ope ning 148 |
---|
222 | | - | protections on all openings and if such opening protections 149 |
---|
223 | | - | complied with the Florida Building Code at the time they were 150 |
---|
| 199 | + | applicants, and agents of the corporation receive service and 126 |
---|
| 200 | + | treatment of the highest possible level but never less than that 127 |
---|
| 201 | + | generally provided in the voluntary market. It is also intended 128 |
---|
| 202 | + | that the corporation be held to service standards no less than 129 |
---|
| 203 | + | those applied to insurers in th e voluntary market by the office 130 |
---|
| 204 | + | with respect to responsiveness, timeliness, customer courtesy, 131 |
---|
| 205 | + | and overall dealings with policyholders, applicants, or agents 132 |
---|
| 206 | + | of the corporation. 133 |
---|
| 207 | + | 5.a. Effective January 1, 2009, a personal lines 134 |
---|
| 208 | + | residential structure that is located in the "wind -borne debris 135 |
---|
| 209 | + | region," as defined in s. 1609.2, International Building Code 136 |
---|
| 210 | + | (2006), and that has an insured value on the structure of 137 |
---|
| 211 | + | $750,000 or more is not eligible for coverage by the corporation 138 |
---|
| 212 | + | unless the structure has opening protections as required under 139 |
---|
| 213 | + | the Florida Building Code for a newly constructed residential 140 |
---|
| 214 | + | structure in that area. A residential structure is deemed to 141 |
---|
| 215 | + | comply with this sub -subparagraph if it has shutters or opening 142 |
---|
| 216 | + | protections on all openings and if such opening protections 143 |
---|
| 217 | + | complied with the Florida Building Code at the time they were 144 |
---|
| 218 | + | installed. 145 |
---|
| 219 | + | b. Any major structure, as defined in s. 161.54(6)(a), 146 |
---|
| 220 | + | that is newly constructed, or rebuilt, repaired, restored, or 147 |
---|
| 221 | + | remodeled to increase the total square foot age of finished area 148 |
---|
| 222 | + | by more than 25 percent, pursuant to a permit applied for after 149 |
---|
| 223 | + | July 1, 2015, is not eligible for coverage by the corporation if 150 |
---|
236 | | - | installed. 151 |
---|
237 | | - | b. Any major structure, as defined in s. 161.54(6)(a), 152 |
---|
238 | | - | that is newly constructed, or rebuilt, repaired, restored, or 153 |
---|
239 | | - | remodeled to increase the total square footage of finished area 154 |
---|
240 | | - | by more than 25 percent, pursuant to a permit applied for after 155 |
---|
241 | | - | July 1, 2015, is not eligible for coverage by the corporation if 156 |
---|
242 | | - | the structure is seaward of the coastal construction control 157 |
---|
243 | | - | line established pursuant to s. 161.053 or is within the Coastal 158 |
---|
244 | | - | Barrier Resources System as designated by 16 U.S.C. ss. 3501 -159 |
---|
245 | | - | 3510. 160 |
---|
246 | | - | 6. Beginning with the implementation of the corporation's 161 |
---|
247 | | - | next annual rate change on or after August 1, 2024, if the 162 |
---|
248 | | - | corporation writes a commercial lines residential condominium 163 |
---|
249 | | - | wind-only policy for a condominium in which 50 percent or more 164 |
---|
250 | | - | of the units are rented more than eight times in a calendar year 165 |
---|
251 | | - | for a rental agreement period of less than 30 days, the rate 166 |
---|
252 | | - | charged for such policy is not subject to subparagraph (n)5 With 167 |
---|
253 | | - | respect to wind-only coverage for commercial lines residential 168 |
---|
254 | | - | condominiums, effective July 1, 2014, a condominium shall be 169 |
---|
255 | | - | deemed ineligible for coverage if 50 percent or more of the 170 |
---|
256 | | - | units are rented more than eight times in a calendar year for a 171 |
---|
257 | | - | rental agreement period of less than 30 days . 172 |
---|
258 | | - | (n)1. Rates for coverage provided by the corporation must 173 |
---|
259 | | - | be actuarially sound pursuant to s. 627.062 and not competitive 174 |
---|
260 | | - | with approved rates charged in the admit ted voluntary market so 175 |
---|
| 236 | + | the structure is seaward of the coastal construction control 151 |
---|
| 237 | + | line established pursuant to s. 161.053 or is within the Coastal 152 |
---|
| 238 | + | Barrier Resources System as designated by 16 U.S.C. ss. 3501 -153 |
---|
| 239 | + | 3510. 154 |
---|
| 240 | + | 6. With respect to wind -only coverage for commercial lines 155 |
---|
| 241 | + | residential condominiums, effective July 1, 2014, a condominium 156 |
---|
| 242 | + | shall be deemed ineligible for coverage if 5 0 percent or more of 157 |
---|
| 243 | + | the units are rented more than eight times in a calendar year 158 |
---|
| 244 | + | for a rental agreement period of less than 30 days. 159 |
---|
| 245 | + | Section 2. Paragraph (c) of subsection (5) of section 160 |
---|
| 246 | + | 627.7011, Florida Statutes, is amended to read: 161 |
---|
| 247 | + | 627.7011 Homeowners' policies; offer of replacement cost 162 |
---|
| 248 | + | coverage and law and ordinance coverage. — 163 |
---|
| 249 | + | (5) 164 |
---|
| 250 | + | (c) For a roof that is at least 15 years old, an insurer 165 |
---|
| 251 | + | must allow a homeowner to have a roof inspection performed by an 166 |
---|
| 252 | + | authorized inspector at the homeowner's e xpense before requiring 167 |
---|
| 253 | + | the replacement of the roof of a residential structure as a 168 |
---|
| 254 | + | condition of issuing or renewing a homeowner's insurance policy. 169 |
---|
| 255 | + | The insurer may not refuse to issue or refuse to renew a 170 |
---|
| 256 | + | homeowner's insurance policy solely because of roo f age if an 171 |
---|
| 257 | + | inspection of the roof of the residential structure performed by 172 |
---|
| 258 | + | an authorized inspector indicates that the roof has 5 years or 173 |
---|
| 259 | + | more of useful life remaining. An authorized inspector must use 174 |
---|
| 260 | + | the Commercial Roof Condition Inspection Form (CL -RCF-1 07 17). 175 |
---|
273 | | - | that the corporation functions as a residual market mechanism to 176 |
---|
274 | | - | provide insurance only when insurance cannot be procured in the 177 |
---|
275 | | - | voluntary market, except as otherwise provided in this 178 |
---|
276 | | - | paragraph. The office shall provide the corporat ion such 179 |
---|
277 | | - | information as would be necessary to determine whether rates are 180 |
---|
278 | | - | competitive. The corporation shall file its recommended rates 181 |
---|
279 | | - | with the office at least annually. The corporation shall provide 182 |
---|
280 | | - | any additional information regarding the rates which th e office 183 |
---|
281 | | - | requires. The office shall consider the recommendations of the 184 |
---|
282 | | - | board and issue a final order establishing the rates for the 185 |
---|
283 | | - | corporation within 45 days after the recommended rates are 186 |
---|
284 | | - | filed. The corporation may not pursue an administrative 187 |
---|
285 | | - | challenge or judicial review of the final order of the office. 188 |
---|
286 | | - | 2. In addition to the rates otherwise determined pursuant 189 |
---|
287 | | - | to this paragraph, the corporation shall impose and collect an 190 |
---|
288 | | - | amount equal to the premium tax provided in s. 624.509 to 191 |
---|
289 | | - | augment the financia l resources of the corporation. 192 |
---|
290 | | - | 3. After the public hurricane loss -projection model under 193 |
---|
291 | | - | s. 627.06281 has been found to be accurate and reliable by the 194 |
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292 | | - | Florida Commission on Hurricane Loss Projection Methodology, the 195 |
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293 | | - | model shall be considered when estab lishing the windstorm 196 |
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294 | | - | portion of the corporation's rates. The corporation may use the 197 |
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295 | | - | public model results in combination with the results of private 198 |
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296 | | - | models to calculate rates for the windstorm portion of the 199 |
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297 | | - | corporation's rates. This subparagraph does not require or allow 200 |
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298 | | - | |
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299 | | - | CS/HB 625 2024 |
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300 | | - | |
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301 | | - | |
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302 | | - | |
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303 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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304 | | - | hb0625-01-c1 |
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305 | | - | Page 9 of 12 |
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306 | | - | 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 |
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307 | | - | |
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308 | | - | |
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309 | | - | |
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310 | | - | the corporation to adopt rates lower than the rates otherwise 201 |
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311 | | - | required or allowed by this paragraph. 202 |
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312 | | - | 4. The corporation must make a recommended actuarially 203 |
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313 | | - | sound rate filing for each personal and commercial line of 204 |
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314 | | - | business it writes. 205 |
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315 | | - | 5. Notwithstanding the board's recommended rates and the 206 |
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316 | | - | office's final order regarding the corporation's filed rates 207 |
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317 | | - | under subparagraph 1., the corporation shall annually implement 208 |
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318 | | - | a rate increase which, except for sinkhole coverage, does not 209 |
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319 | | - | exceed the following for any single policy issued by the 210 |
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320 | | - | corporation, excluding coverage changes and surcharges: 211 |
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321 | | - | a. Twelve percent for 2023. 212 |
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322 | | - | b. Thirteen percent for 2024. 213 |
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323 | | - | c. Fourteen percent for 2025. 214 |
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324 | | - | d. Fifteen percent for 2026 and all subsequent years. 215 |
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325 | | - | 6. The corporation may also implement an increase to 216 |
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326 | | - | reflect the effect on the corporation of the cash buildup factor 217 |
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327 | | - | pursuant to s. 215.555(5)(b). 218 |
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328 | | - | 7. The corporation's implementation of rates as prescribed 219 |
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329 | | - | in subparagraphs 5. and 8. shall cease for any li ne of business 220 |
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330 | | - | written by the corporation upon the corporation's implementation 221 |
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331 | | - | of actuarially sound rates. Thereafter, the corporation shall 222 |
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332 | | - | annually make a recommended actuarially sound rate filing that 223 |
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333 | | - | is not competitive with approved rates in the admit ted voluntary 224 |
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334 | | - | market for each commercial and personal line of business the 225 |
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335 | | - | |
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336 | | - | CS/HB 625 2024 |
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337 | | - | |
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338 | | - | |
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339 | | - | |
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340 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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341 | | - | hb0625-01-c1 |
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342 | | - | Page 10 of 12 |
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343 | | - | 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 |
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344 | | - | |
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345 | | - | |
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346 | | - | |
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347 | | - | corporation writes. 226 |
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348 | | - | 8. The following new or renewal personal lines policies 227 |
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349 | | - | written on or after November 1, 2023, are not subject to the 228 |
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350 | | - | rate increase limitations in subparagraph 5., but may not be 229 |
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351 | | - | charged more than 50 percent above, nor less than, the prior 230 |
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352 | | - | year's established rate for the corporation: 231 |
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353 | | - | a. Policies that do not cover a primary residence; 232 |
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354 | | - | b. New policies under which the coverage for the insured 233 |
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355 | | - | risk, before the date of application with the corporation, was 234 |
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356 | | - | last provided by an insurer determined by the office to be 235 |
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357 | | - | unsound or an insurer placed in receivership under chapter 631; 236 |
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358 | | - | or 237 |
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359 | | - | c. Subsequent renewals of those policies, including the 238 |
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360 | | - | new policies in sub-subparagraph b., under which the coverage 239 |
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361 | | - | for the insured risk, before the date of application with the 240 |
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362 | | - | corporation, was last provided by an insurer determined by the 241 |
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363 | | - | office to be unsound or an insurer placed in receivership under 242 |
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364 | | - | chapter 631. 243 |
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365 | | - | 9. As used in this paragraph, the term "primary residence" 244 |
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366 | | - | means the dwelling that is the policyholder's primary home or is 245 |
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367 | | - | a rental property that is the primary home of the tenant, and 246 |
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368 | | - | which the policyholder or tenant occupies for more than 9 months 247 |
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369 | | - | of each year. 248 |
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370 | | - | Section 2. Paragraph (c) of subsection (5) of section 249 |
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371 | | - | 627.7011, Florida Statutes, is amended to read: 250 |
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372 | | - | |
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373 | | - | CS/HB 625 2024 |
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374 | | - | |
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375 | | - | |
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376 | | - | |
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377 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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379 | | - | Page 11 of 12 |
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380 | | - | 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 |
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381 | | - | |
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382 | | - | |
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383 | | - | |
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384 | | - | 627.7011 Homeowners' policies; offer of replacement cost 251 |
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385 | | - | coverage and law and ordinance coverage. — 252 |
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386 | | - | (5) 253 |
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387 | | - | (c) For a roof that is at least 15 years old, an in surer 254 |
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388 | | - | must allow a homeowner to have a roof inspection performed by an 255 |
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389 | | - | authorized inspector at the homeowner's expense before requiring 256 |
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390 | | - | the replacement of the roof of a residential structure as a 257 |
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391 | | - | condition of issuing or renewing a homeowner's insurance pol icy. 258 |
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392 | | - | The insurer may not refuse to issue or refuse to renew a 259 |
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393 | | - | homeowner's insurance policy solely because of roof age if an 260 |
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394 | | - | inspection of the roof of the residential structure performed by 261 |
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395 | | - | an authorized inspector indicates that the roof has 5 years or 262 |
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396 | | - | more of useful life remaining. An authorized inspector must use 263 |
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397 | | - | the personal Roof Condition Inspection Form issued by Citizens 264 |
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398 | | - | Property Insurance Corporation and approved by the office. An 265 |
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399 | | - | authorized inspector may provide an appendix to this form which 266 |
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400 | | - | includes pictures or other documentation to demonstrate the 267 |
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401 | | - | remaining useful life of the roof. 268 |
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402 | | - | Section 3. Section 627.70143, Florida Statutes, is created 269 |
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403 | | - | to read: 270 |
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404 | | - | 627.70143 Commercial roof inspections. — 271 |
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405 | | - | (1) As used in this section, the term "authorized 272 |
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406 | | - | inspector" has the same meaning as in s. 627.7011(5)(a). 273 |
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407 | | - | (2) An authorized inspector inspecting the roof of a 274 |
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408 | | - | commercial structure must use the commercial Roof Condition 275 |
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409 | | - | |
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410 | | - | CS/HB 625 2024 |
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411 | | - | |
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412 | | - | |
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413 | | - | |
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414 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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416 | | - | Page 12 of 12 |
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417 | | - | 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 |
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418 | | - | |
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419 | | - | |
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420 | | - | |
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421 | | - | Inspection Form issued by Citizens Property Insurance 276 |
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422 | | - | Corporation and approved by the office. An authorized inspector 277 |
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423 | | - | may provide an appendix to this form which includes pictures or 278 |
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424 | | - | other documentation to demonstrate the remaining useful life of 279 |
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425 | | - | the roof. 280 |
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426 | | - | Section 4. Subsection (1) of section 627.714, Florida 281 |
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427 | | - | Statutes, is amended to read : 282 |
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428 | | - | 627.714 Residential condominium unit owner coverage; loss 283 |
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429 | | - | assessment coverage required. — 284 |
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430 | | - | (1) For policies issued or renewed on or after July 1, 285 |
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431 | | - | 2024 2010, coverage under a unit owner's residential property 286 |
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432 | | - | policy must include at least $5,000 $2,000 in property loss 287 |
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433 | | - | assessment coverage for all assessments made as a result of the 288 |
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434 | | - | same direct loss to the property, regardless of the number of 289 |
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435 | | - | assessments, owned by all members of the association 290 |
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436 | | - | collectively if such loss is of the type of loss covered by the 291 |
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437 | | - | unit owner's residential property insurance policy, to which a 292 |
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438 | | - | deductible of no more than $250 per direct property loss 293 |
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439 | | - | applies. If a deductible was or will be applied to other 294 |
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440 | | - | property loss sustained by the unit owner resulting from the 295 |
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441 | | - | same direct loss to the property, no deductible applies to the 296 |
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442 | | - | loss assessment coverage. 297 |
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443 | | - | Section 5. This act shall take effect July 1, 2024. 298 |
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| 273 | + | An authorized inspector may provide an appendix to this form 176 |
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| 274 | + | which includes pictures or other documentation to demonstrate 177 |
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| 275 | + | the remaining useful life of the roof. 178 |
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| 276 | + | Section 3. Subsection (1) of section 627.714, Florida 179 |
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| 277 | + | Statutes, is amended to read: 180 |
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| 278 | + | 627.714 Residential condominium unit owner coverage; loss 181 |
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| 279 | + | assessment coverage required. — 182 |
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| 280 | + | (1) For policies issued or renewed on or after July 1, 183 |
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| 281 | + | 2024 2010, coverage under a unit owner's residential property 184 |
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| 282 | + | policy must include at least $5,000 $2,000 in property loss 185 |
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| 283 | + | assessment coverage for all assessments made as a result of the 186 |
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| 284 | + | same direct loss to the property, regardless of the number of 187 |
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| 285 | + | assessments, owned by all members of the association 188 |
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| 286 | + | collectively if such loss is of the type of loss covered by the 189 |
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| 287 | + | unit owner's residential property insurance policy, to which a 190 |
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| 288 | + | deductible of no more than $250 per direct property loss 191 |
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| 289 | + | applies. If a deductible was or will be applied to other 192 |
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| 290 | + | property loss sustained by the unit owner resulting from the 193 |
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| 291 | + | same direct loss to the property, no deductible applies to the 194 |
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| 292 | + | loss assessment coverage. 195 |
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| 293 | + | Section 4. This act shall take effect July 1, 2024. 196 |
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