HB 1149 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1149-00
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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 policy cancellations and 2
nonrenewals by property insurers; amending s. 3
627.4133, F.S.; prohibiting insurers from canceling 4
and nonrenewing within certain timeframes policies 5
covering commercial properties damaged by hurricanes 6
and wind losses; providing that such prohibition 7
applies to flood damages caused by hurricanes under 8
certain circumstances; providing exceptions; providing 9
construction; authorizing the Financial Services 10
Commission to adopt rules and the Commissioner of 11
Insurance Regulation to issue orders; providing 12
conditions under which a structure is deemed repaired; 13
providing a definition; requiring commercial property 14
policies to contain specified terms under certain 15
circumstances; prohibiting eligible surplus lines 16
insurers from canceling and nonrenewing within certain 17
timeframes policies covering dwellings and residential 18
properties damaged by hurricanes and wind losses; 19
providing that such prohibition applies to flood 20
damages caused by hurricanes under certain 21
circumstances; providing exceptions to prohibitions 22
against insurers' policy cancellations and nonrenewals 23
within certain timeframes; revising conditions under 24
which a structure is deemed to be repaired; revising 25
HB 1149 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1149-00
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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 definition of the term "insurer" to include 26
eligible surplus lines insurers; requiring personal 27
lines and commercial residential insurance property 28
policies to contain specified terms under certain 29
circumstances; providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Paragraph (e) of subsection (2) of section 34
627.4133, Florida Statutes, is amended, and paragraph (e) is 35
added to subsection (1) of that section, to read: 36
627.4133 Notice of cancellation, nonrenewal, or renewal 37
premium.— 38
(1) Except as provi ded in subsection (2): 39
(e)1. An insurer may not cancel or nonrenew a property 40
insurance policy covering a commercial property located in this 41
state: 42
a. For a period of 90 days after the commercial property 43
has been repaired, if such property has been d amaged as a result 44
of a hurricane or wind loss that is the subject of the 45
declaration of emergency pursuant to s. 252.36 and the filing of 46
an order by the Commissioner of Insurance Regulation. Damage 47
under this sub-subparagraph includes flood damage caused by a 48
hurricane if flood is a covered peril under the commercial 49
property insurance policy or under a separate flood insurance 50
HB 1149 2024
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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
policy. If flood is not a covered peril under the commercial 51
property insurance policy or under a separate flood insurance 52
policy and the property has been damaged as a result of flood 53
caused by a hurricane, an insurer may not cancel or nonrenew the 54
commercial property insurance policy until the earlier of when 55
the property has been repaired or 1 year after the date of loss. 56
b. Until the earlier of when the commercial property has 57
been repaired or 1 year after the insurer issues the final claim 58
payment, if such property was damaged by any covered peril and 59
sub-subparagraph a. does not apply. 60
2. However, an insurer or agent may ca ncel or nonrenew 61
such a policy prior to the repair of the commercial property: 62
a. Upon 10 days' notice for nonpayment of premium; or 63
b. Upon 45 days' notice: 64
(I) For a material misstatement or fraud related to the 65
claim; 66
(II) If the insurer determi nes that the insured has 67
unreasonably caused a delay in the repair of the dwelling; or 68
(III) If the insurer has paid policy limits for a loss to 69
each insured structure that was damaged. 70
3. If the insurer elects to nonrenew a policy covering a 71
commercial property that has been damaged, the insurer shall 72
provide at least 90 days' notice to the insured that the insurer 73
intends to nonrenew the policy 90 days after the commercial 74
property has been repaired. This paragraph does not prevent the 75
HB 1149 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1149-00
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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
insurer from canceling or nonrenewing the policy 90 days after 76
the repairs are complete for the same reasons the insurer would 77
otherwise have canceled or nonrenewed the policy but for the 78
limitations of subparagraph 1. The Financial Services Commission 79
may adopt rules, and the Commissioner of Insurance Regulation 80
may issue orders, necessary to implement this paragraph. 81
4. For purposes of this paragraph: 82
a. A structure is deemed to be repaired when subs tantially 83
completed and restored to the extent that it is insurable by: 84
(I) Another authorized insurer writing policies in this 85
state if the structure is currently insured by an authorized 86
insurer; or 87
(II) Another authorized or eligible surplus lines i nsurer 88
writing policies in this state if the structure is currently 89
insured by an eligible surplus lines insurer. 90
b. The term "insurer" means an authorized insurer or an 91
eligible surplus lines insurer. 92
c. If a policy is extended or renewed to comply wi th this 93
paragraph or with any other provision of the Commissioner of 94
Insurance Regulation's order, it must contain the same policy 95
terms as the policy being extended or renewed. 96
(2) With respect to any personal lines or commercial 97
residential property in surance policy, including, but not 98
limited to, any homeowner, mobile home owner, farmowner, 99
condominium association, condominium unit owner, apartment 100
HB 1149 2024
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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
building, or other policy covering a residential structure or 101
its contents: 102
(e)1. An authorized insurer may not cancel or nonrenew a 103
personal residential or commercial residential property 104
insurance policy covering a dwelling or residential property 105
located in this state: 106
a. For a period of 90 days after the dwelling or 107
residential property has been repai red, if such property has 108
been damaged as a result of a hurricane or wind loss that is the 109
subject of the declaration of emergency pursuant to s. 252.36 110
and the filing of an order by the Commissioner of Insurance 111
Regulation. Damage under this sub -subparagraph includes flood 112
damage caused by a hurricane if flood is a covered peril under 113
the personal residential or commercial residential property 114
insurance policy or under a separate flood insurance policy. If 115
flood is not a covered peril under the personal re sidential or 116
commercial residential property insurance policy or under a 117
separate flood insurance policy and the property has been 118
damaged as a result of flood caused by a hurricane, an insurer 119
may not cancel or nonrenew the personal residential or 120
commercial residential property insurance policy until the 121
earlier of when the property has been repaired or 1 year after 122
the date of loss. 123
b. Until the earlier of when the dwelling or residential 124
property has been repaired or 1 year after the insurer issues 125
HB 1149 2024
CODING: Words stricken are deletions; words underlined are additions.
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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 final claim payment, if such property was damaged by any 126
covered peril and sub -subparagraph a. does not apply. 127
2. However, an insurer or agent may cancel or nonrenew 128
such a policy prior to the repair of the dwelling or residential 129
property: 130
a. Upon 10 days' notice for nonpayment of premium; or 131
b. Upon 45 days' notice: 132
(I) For a material misstatement or fraud related to the 133
claim; 134
(II) If the insurer determines that the insured has 135
unreasonably caused a delay in the repair of the dwelling; or 136
(III) If the insurer has paid policy limits under a 137
personal residential property insurance policy for a loss to the 138
insured dwelling that was damaged, or policy limits under a 139
commercial residential property insurance policy for a loss to 140
each insured structure that was damaged . 141
3. If the insurer elects to nonrenew a policy covering a 142
property that has been damaged, the insurer shall provide at 143
least 90 days' notice to the insured that the insurer intends to 144
nonrenew the policy 90 days after the dwelling or residential 145
property has been repaired. Nothing in This paragraph does not 146
shall prevent the insurer from canceling or nonrenewing the 147
policy 90 days after the repairs are complete for the same 148
reasons the insurer would otherwise have canceled or nonren ewed 149
the policy but for the limitations of subparagraph 1. The 150
HB 1149 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1149-00
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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
Financial Services Commission may adopt rules, and the 151
Commissioner of Insurance Regulation may issue orders, necessary 152
to implement this paragraph. 153
4. This paragraph shall also apply to pers onal residential 154
and commercial residential policies covering property that was 155
damaged as the result of Hurricane Ian or Hurricane Nicole. 156
5. For purposes of this paragraph: 157
a. A structure is deemed to be repaired when substantially 158
completed and restored to the extent that it is insurable by : 159
(I) Another authorized insurer writing policies in this 160
state if the structure is currently insured by an authorized 161
insurer; or 162
(II) Another authorized or eligible surplus lines insurer 163
writing policies in t his state if the structure is currently 164
insured by an eligible surplus lines insurer . 165
b. The term "insurer" means an authorized insurer or an 166
eligible surplus lines insurer . 167
c. If a policy is extended or renewed to comply with this 168
paragraph or with an y other provision of the Commissioner of 169
Insurance Regulation's order, it must contain the same policy 170
terms as the policy being extended or renewed. 171
Section 2. This act shall take effect July 1, 2024. 172