FL
Florida House Bill H1149

Florida 2024 Regular Session

Florida House Bill H1149 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to policy cancellations and 2
1616 nonrenewals by property insurers; amending s. 3
17-626.9201, F.S.; prohibiting authorized insurers and 4
18-eligible surplus lines insurers from canceling and 5
19-nonrenewing policies covering dwellings and 6
20-residential properties damaged by covered perils 7
21-within certain timeframes; providing exceptions to 8
22-prohibitions against insurers' policy cancellations 9
23-and nonrenewals within certain timeframes under 10
24-certain circumstances; providing construction; 11
25-providing definitions; provi ding applicability; 12
26-authorizing the Financial Services Commission to adopt 13
27-rules and the Commissioner of Insurance Regulation to 14
28-issue orders; amending s. 627.4133, F.S.; prohibiting 15
29-eligible surplus lines insurers from canceling and 16
30-nonrenewing policies c overing dwellings and 17
31-residential properties damaged by covered perils 18
32-within certain timeframes; revising the circumstances 19
33-and timeframes under which authorized insurers are 20
34-prohibited from canceling and nonrenewing policies 21
35-covering dwellings and reside ntial properties damaged 22
36-by covered perils within certain timeframes; providing 23
37-exceptions to prohibitions against eligible surplus 24
38-lines insurers' policy cancellations and nonrenewals, 25
17+626.9201, F.S.; prohibiting eligible surplus lines 4
18+insurers from canceling and nonrenewing policies 5
19+covering dwellings and residential properties damaged 6
20+by hurricanes and wind losses within certain 7
21+timeframes; providing exceptions to prohibitions 8
22+against insurers' policy cancellations and nonrenewals 9
23+within certain timeframes; providing definitions; 10
24+authorizing the Financial Services Commission to adopt 11
25+rules and the Commissioner of Insurance Regulation to 12
26+issue orders; amending s. 627.4133, F.S.; prohibiting 13
27+insurers from canceling and nonrenewing policies 14
28+covering dwellings and residential properties damaged 15
29+by covered perils within certain timeframes; revising 16
30+exceptions to prohibitions against insurers' policy 17
31+cancellations and nonrenewals within certain 18
32+timeframes; revising conditions under which a 19
33+structure is deemed to be repaired; revising the 20
34+definition of the term "insurer" to include eligible 21
35+surplus lines insurers; defining the term "damage"; 22
36+providing an effective date. 23
37+ 24
38+Be It Enacted by the Legislature of the State of Florida: 25
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4747 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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51-and revising exceptions to prohibitions against 26
52-authorized insurers' p olicy cancellations and 27
53-nonrenewals, within certain timeframes under certain 28
54-circumstances; revising construction; revising 29
55-conditions under which a structure is deemed to be 30
56-repaired; revising the definition of the term 31
57-"insurer" to include eligible surpl us lines insurers; 32
58-defining the term "damage"; authorizing the 33
59-commissioner to issue orders under certain 34
60-circumstances; providing applicability; providing an 35
61-effective date. 36
62- 37
63-Be It Enacted by the Legislature of the State of Florida: 38
64- 39
65- Section 1. Subsection (2) of section 626.9201, Florida 40
66-Statutes, is amended, and subsection (1) of that section is 41
67-republished, to read: 42
68- 626.9201 Notice of cancellation or nonrenewal. — 43
69- (1) An insurer issuing a policy providing coverage for 44
70-property, casualty, suret y, or marine insurance must give the 45
71-first named insured at least 45 days' advance written notice of 46
72-nonrenewal. If the policy is not to be renewed, the written 47
73-notice shall state the reasons as to why the policy is not to be 48
74-renewed. This subsection does not apply: 49
75- (a) If the insurer has manifested its willingness to 50
51+ 26
52+ Section 1. Subsection (2) of section 626.9201, Florida 27
53+Statutes, is amended to read: 28
54+ 626.9201 Notice of cancellation or nonrenewal. — 29
55+ (2) An insurer issuing a policy providing coverage for 30
56+property, casualty, surety, or marine insurance must give the 31
57+named insured written no tice of cancellation or termination 32
58+other than nonrenewal at least 45 days before the effective date 33
59+of the cancellation or termination, including in the written 34
60+notice the reasons for the cancellation or termination, except 35
61+that: 36
62+ (a) If cancellation is for nonpayment of premium, at least 37
63+10 days' written notice of cancellation accompanied by the 38
64+reason for cancellation must be given. As used in this 39
65+paragraph, the term "nonpayment of premium" means the failure of 40
66+the named insured to discharge when due a ny of his or her 41
67+obligations in connection with the payment of premiums on a 42
68+policy or an installment of such a premium, whether the premium 43
69+or installment is payable directly to the insurer or its agent 44
70+or indirectly under any plan for financing premiums or extension 45
71+of credit or the failure of the named insured to maintain 46
72+membership in an organization if such membership is a condition 47
73+precedent to insurance coverage. The term also includes the 48
74+failure of a financial institution to honor the check of an 49
75+applicant for insurance which was delivered to a licensed agent 50
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8484 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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88-renew, and the offer is not rescinded prior to expiration of the 51
89-policy; or 52
90- (b) If a notice of cancellation for nonpayment of premium 53
91-is provided under subsection (2). 54
92- (2) An insurer issuing a policy providing coverage for 55
93-property, casualty, surety, or marine insurance must give the 56
94-named insured written notice of cancellation or termination 57
95-other than nonrenewal at least 45 days before the effective date 58
96-of the cancellation or terminati on, including in the written 59
97-notice the reasons for the cancellation or termination, except 60
98-that: 61
99- (a) If cancellation is for nonpayment of premium, at least 62
100-10 days' written notice of cancellation accompanied by the 63
101-reason for cancellation must be given. As used in this 64
102-paragraph, the term "nonpayment of premium" means the failure of 65
103-the named insured to discharge when due any of his or her 66
104-obligations in connection with the payment of premiums on a 67
105-policy or an installment of such a premium, whether the premium 68
106-or installment is payable directly to the insurer or its agent 69
107-or indirectly under any plan for financing premiums or extension 70
108-of credit or the failure of the named insured to maintain 71
109-membership in an organization if such membership is a conditio n 72
110-precedent to insurance coverage. The term also includes the 73
111-failure of a financial institution to honor the check of an 74
112-applicant for insurance which was delivered to a licensed agent 75
88+for payment of a premium, even if the agent previously delivered 51
89+or transferred the premium to the insurer. If a correctly 52
90+dishonored check represents payment of the initial premium, the 53
91+contract and all contractual obligations are void ab initio 54
92+unless the nonpayment is cured within the earlier of 5 days 55
93+after actual notice by certified mail is received by the 56
94+applicant or 15 days after notice is sent to the applicant by 57
95+certified mail or regis tered mail, and, if the contract is void, 58
96+any premium received by the insurer from a third party shall be 59
97+refunded to that party in full; and 60
98+ (b) If cancellation or termination occurs during the first 61
99+90 days during which the insurance is in force and if the 62
100+insurance is canceled or terminated for reasons other than 63
101+nonpayment, at least 20 days' written notice of cancellation or 64
102+termination accompanied by the reason for cancellation or 65
103+termination must be given, except if there has been a material 66
104+misstatement or misrepresentation or failure to comply with the 67
105+underwriting requirements established by the insurer ; and. 68
106+ (c)1. Notwithstanding subparagraph 2., an insurer may not 69
107+cancel or nonrenew a personal residential or commercial 70
108+residential property ins urance policy covering a dwelling or 71
109+residential property located in this state which has been 72
110+damaged by a covered peril until the earlier of the completion 73
111+of repairs or the expiration of one subsequent renewal of the 74
112+policy that was in force at the time of the loss. If flood is 75
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121121 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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125-for payment of a premium, even if the agent previously delivered 76
126-or transferred the premium to the insurer. If a correctly 77
127-dishonored check represents payment of the initial premium, the 78
128-contract and all contractual obligations are void ab initio 79
129-unless the nonpayment is cured within the earlier of 5 days 80
130-after actual notice by certified mail is received by the 81
131-applicant or 15 days after notice is sent to the applicant by 82
132-certified mail or registered mail, and, if the contract is void, 83
133-any premium received by the insurer from a third party shall be 84
134-refunded to that party in f ull; and 85
135- (b) If cancellation or termination occurs during the first 86
136-90 days during which the insurance is in force and if the 87
137-insurance is canceled or terminated for reasons other than 88
138-nonpayment, at least 20 days' written notice of cancellation or 89
139-termination accompanied by the reason for cancellation or 90
140-termination must be given, except if there has been a material 91
141-misstatement or misrepresentation or failure to comply with the 92
142-underwriting requirements established by the insurer ; and 93
143- (c)1. An insurer may not cancel or nonrenew a personal 94
144-residential or commercial residential property insurance policy 95
145-covering a dwelling or residential property located in this 96
146-state which has been damaged by a covered peril until the 97
147-earlier of the completion of repair or the expiration of one 98
148-subsequent renewal of the policy that was in force at the time 99
149-of the loss. 100
125+not a covered peril under the personal residential or commercial 76
126+residential property insurance policy or under a separate flood 77
127+insurance policy and the property has been damaged as a result 78
128+of flood related to a hurricane, an in surer may not cancel or 79
129+nonrenew the personal residential or commercial residential 80
130+property insurance policy until the earlier of the completion of 81
131+repairs or the expiration of one subsequent renewal of the 82
132+policy that was in force at the time of the loss . 83
133+ 2. An insurer or agent may cancel or nonrenew such a 84
134+policy prior to the repair of the dwelling or residential 85
135+property: 86
136+ a. Upon 10 days' notice: 87
137+ (I) For nonpayment of premium; or 88
138+ (II) If the named insured no longer has an insurable 89
139+interest in the property; or 90
140+ b. Upon 45 days' notice: 91
141+ (I) For a material misstatement or fraud related to the 92
142+claim; 93
143+ (II) If the insurer or its agent has made a reasonable 94
144+written inquiry to the insured as to the status of the repair 95
145+and the insured has failed within 30 calendar days to provide 96
146+information that is responsive to the inquiry to the address or 97
147+e-mail account designated by the insurer or its agent; or 98
148+ (III) If the insurer has paid policy limits under a 99
149+personal residential property insurance polic y for a loss to the 100
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158158 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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162- 2. Notwithstanding subparagraph 1., an insurer or agent 101
163-may cancel or nonrenew such a policy prior to the repair of the 102
164-dwelling or residential property : 103
165- a. Upon 10 days' notice: 104
166- (I) For nonpayment of premium; or 105
167- (II) If the named insured no longer has an insurable 106
168-interest in the property; or 107
169- b. Upon 45 days' notice: 108
170- (I) For a material misstatement or fraud related to the 109
171-claim; 110
172- (II) If the insurer or its agent has made a reasonable 111
173-written inquiry to the insured as to the status of the repair 112
174-and the insured has failed within 30 calendar days to provide 113
175-information that is responsive to the inquiry to the address or 114
176-e-mail account designated by the insurer or its agent; or 115
177- (III) If the insurer has paid policy limits under a 116
178-personal residential property insurance policy for a loss to the 117
179-insured dwelling that was damaged, or policy limits under a 118
180-commercial residential property insurance po licy for a loss to 119
181-each insured structure that was damaged. 120
182- 3. If the insurer elects to nonrenew a policy after the 121
183-expiration of the time in subparagraph 1., the insurer must 122
184-provide notice in accordance with subsection (1). 123
185- 4. This paragraph does not prevent the insurer from 124
186-canceling or nonrenewing the policy after the repair is 125
162+insured dwelling that was damaged, or policy limits under a 101
163+commercial residential property insurance policy for a loss to 102
164+each insured structure that was damaged. 103
165+ 3. If the insurer elects to nonrenew a policy after the 104
166+expiration of the time in subparagraph 1., the insurer must 105
167+provide notice in accordance with subsection (1). 106
168+ 4. This paragraph does not prevent the insurer from 107
169+canceling or nonrenewing the policy after the repair is 108
170+completed for the same reasons the insurer would o therwise have 109
171+canceled or nonrenewed the policy but for subparagraph 1. 110
172+ 5. For purposes of this paragraph: 111
173+ a. A structure is deemed to be repaired when substantially 112
174+completed and restored to the extent that it is insurable by: 113
175+ (I) Another authorized insurer writing policies in this 114
176+state if the structure is currently insured by an authorized 115
177+insurer; or 116
178+ (II) Another authorized or eligible surplus lines insurer 117
179+writing policies in this state if the structure is currently 118
180+insured by an eligible surpl us lines insurer. 119
181+ b. The term "insurer" means an authorized insurer or an 120
182+eligible surplus lines insurer. 121
183+ c. The term "damage" includes flood damage related to a 122
184+hurricane if flood is a covered peril under the personal 123
185+residential or commercial residen tial property insurance policy 124
186+or under a separate flood insurance policy. 125
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195195 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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199-completed for the same reasons the insurer would otherwise have 126
200-canceled or nonrenewed the policy but for subparagraph 1. 127
201- 5. For purposes of this paragraph: 128
202- a. A structure is deemed to be repaired when substantially 129
203-completed and restored to the extent that it is insurable by: 130
204- (I) Another authorized insurer writing policies in this 131
205-state if the structure is currently insured by an authorized 132
206-insurer; or 133
207- (II) Another authorized or eligible surplus lines insurer 134
208-writing policies in this state if the structure is currently 135
209-insured by an eligible surplus lines insurer. 136
210- b. The term "insurer" means an authorized insurer or an 137
211-eligible surplus lines insurer. 138
212- c. The term "damage" includes, but is not limited to, 139
213-flood damage related to a hurricane if flood is a covered peril 140
214-under the personal residential or commercial residential 141
215-property insurance policy. 142
216- 6. In the event of widespread, significant flooding, as 143
217-determined by the Commissioner of Insurance Regulation, which is 144
218-caused by a hurricane or other natural event, the commissioner 145
219-may issue an order preventing insurers from canceling or 146
220-nonrenewing personal residential or commercial residential 147
221-property insurance pol icies covering dwellings or residential 148
222-properties located within zip codes directly affected by such 149
223-flooding, as determined by the commissioner. If a claim is made 150
199+ 6. The commission may adopt rules, and the Commissioner of 126
200+Insurance Regulation may issue orders, necessary to implement 127
201+this paragraph. 128
202+ Section 2. Paragraph (e) of subsectio n (2) of section 129
203+627.4133, Florida Statutes, is amended to read: 130
204+ 627.4133 Notice of cancellation, nonrenewal, or renewal 131
205+premium.— 132
206+ (2) With respect to any personal lines or commercial 133
207+residential property insurance policy, including, but not 134
208+limited to, any homeowner, mobile home owner, farmowner, 135
209+condominium association, condominium unit owner, apartment 136
210+building, or other policy covering a residential structure or 137
211+its contents: 138
212+ (e)1. Notwithstanding subparagraph 2., an insurer may not 139
213+cancel or nonrenew a personal residential or commercial 140
214+residential property insurance policy covering a dwelling or 141
215+residential property located in this state which has been 142
216+damaged by a covered peril until the earlier of the completion 143
217+of repairs or the expiration of one subsequent renewal of the 144
218+policy that was in force at the time of the loss. If flood is 145
219+not a covered peril under the personal residential or commercial 146
220+residential property insurance policy or under a separate flood 147
221+insurance policy and the property h as been damaged as a result 148
222+of flood related to a hurricane, an insurer may not cancel or 149
223+nonrenew the personal residential or commercial residential 150
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232232 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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236-while such an order is in effect, an insurer may not cancel or 151
237-nonrenew a personal residen tial or commercial residential 152
238-property insurance policy covering a dwelling or residential 153
239-property until the earlier of the completion of repair or the 154
240-expiration of one subsequent renewal of the policy that was in 155
241-force at the time of the loss, even if the personal residential 156
242-or commercial residential property insurance policy does not 157
243-cover the peril of flood. An order issued pursuant to this 158
244-subparagraph may remain in effect for an initial period of 90 159
245-days and may be renewed for subsequent 90 -day periods, not to 160
246-exceed a total of 270 days. This subparagraph applies only to 161
247-coverage periods and does not alter coverage otherwise provided 162
248-by any insurance policy. 163
249- 7. The commission may adopt rules, and the Commissioner of 164
250-Insurance Regulation may issue orders, necessary to implement 165
251-this paragraph. 166
252- Section 2. Paragraph (e) of subsection (2) of section 167
253-627.4133, Florida Statutes, is amended, and subsection (1) of 168
254-that section is republished, to read: 169
255- 627.4133 Notice of cancellation, nonrenewal, or r enewal 170
256-premium.— 171
257- (1) Except as provided in subsection (2): 172
258- (a) An insurer issuing a policy providing coverage for 173
259-workers' compensation and employer's liability insurance, 174
260-property, casualty, except mortgage guaranty, surety, or marine 175
236+property insurance policy until the earlier of the completion of 151
237+repairs or the expiration of one subseque nt renewal of the 152
238+policy that was in force at the time of the loss. An authorized 153
239+insurer may not cancel or nonrenew a personal residential or 154
240+commercial residential property insurance policy covering a 155
241+dwelling or residential property located in this stat e: 156
242+ a. For a period of 90 days after the dwelling or 157
243+residential property has been repaired, if such property has 158
244+been damaged as a result of a hurricane or wind loss that is the 159
245+subject of the declaration of emergency pursuant to s. 252.36 160
246+and the filing of an order by the Commissioner of Insurance 161
247+Regulation. 162
248+ b. Until the earlier of when the dwelling or residential 163
249+property has been repaired or 1 year after the insurer issues 164
250+the final claim payment, if such property was damaged by any 165
251+covered peril and sub-subparagraph a. does not apply. 166
252+ 2. However, An insurer or agent may cancel or nonrenew 167
253+such a policy prior to the repair of the dwelling or residential 168
254+property: 169
255+ a. Upon 10 days' notice : 170
256+ (I) For nonpayment of premium; or 171
257+ (II) If the named in sured no longer has an insurable 172
258+interest in the property; or 173
259+ b. Upon 45 days' notice: 174
260+ (I) For a material misstatement or fraud related to the 175
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269269 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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273-insurance, other than motor vehicle insurance subject to s. 176
274-627.728, shall give the first -named insured at least 45 days' 177
275-advance written notice of nonrenewal or of the renewal premium. 178
276-If the policy is not to be renewed, the written notice shall 179
277-state the reason or reaso ns as to why the policy is not to be 180
278-renewed. This requirement applies only if the insured has 181
279-furnished all of the necessary information so as to enable the 182
280-insurer to develop the renewal premium prior to the expiration 183
281-date of the policy to be renewed. 184
282- (b) An insurer issuing a policy providing coverage for 185
283-property, casualty, except mortgage guaranty, surety, or marine 186
284-insurance, other than motor vehicle insurance subject to s. 187
285-627.728 or s. 627.7281, shall give the first -named insured 188
286-written notice of cancellation or termination other than 189
287-nonrenewal at least 45 days prior to the effective date of the 190
288-cancellation or termination, including in the written notice the 191
289-reason or reasons for the cancellation or termination, except 192
290-that: 193
291- 1. When cancellation is for nonpayment of premium, at 194
292-least 10 days' written notice of cancellation accompanied by the 195
293-reason therefor shall be given. As used in this subparagraph and 196
294-s. 440.42(3), the term "nonpayment of premium" means failure of 197
295-the named insured to disch arge when due any of her or his 198
296-obligations in connection with the payment of premiums on a 199
297-policy or any installment of such premium, whether the premium 200
273+claim; 176
274+ (II) If the insurer or its agent has made a reasonable 177
275+written inquiry to the insured as to the sta tus of the repair 178
276+and the insured has failed within 30 calendar days to provide 179
277+information that is responsive to the inquiry to the address or 180
278+e-mail account designated by the insurer or its agent If the 181
279+insurer determines that the insured has unreasonabl y caused a 182
280+delay in the repair of the dwelling ; or 183
281+ (III) If the insurer has paid policy limits under a 184
282+personal residential property insurance policy for a loss to the 185
283+insured dwelling that was damaged, or policy limits under a 186
284+commercial residential pro perty insurance policy for a loss to 187
285+each insured structure that was damaged . 188
286+ 3. If the insurer elects to nonrenew a policy after the 189
287+expiration of the time in subparagraph 1., the insurer must 190
288+provide notice in accordance with subsection (2) covering a 191
289+property that has been damaged, the insurer shall provide at 192
290+least 90 days' notice to the insured that the insurer intends to 193
291+nonrenew the policy 90 days after the dwelling or residential 194
292+property has been repaired . 195
293+ 4. Nothing in This paragraph does not shall prevent the 196
294+insurer from canceling or nonrenewing the policy after the 197
295+repair is completed 90 days after the repairs are complete for 198
296+the same reasons the insurer would otherwise have canceled or 199
297+nonrenewed the policy but for the limitations of subparagraph 1. 200
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306306 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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310-is payable directly to the insurer or its agent or indirectly 201
311-under any premium finance plan or exten sion of credit, or 202
312-failure to maintain membership in an organization if such 203
313-membership is a condition precedent to insurance coverage. 204
314-"Nonpayment of premium" also means the failure of a financial 205
315-institution to honor an insurance applicant's check after 206
316-delivery to a licensed agent for payment of a premium, even if 207
317-the agent has previously delivered or transferred the premium to 208
318-the insurer. If a dishonored check represents the initial 209
319-premium payment, the contract and all contractual obligations 210
320-shall be void ab initio unless the nonpayment is cured within 211
321-the earlier of 5 days after actual notice by certified mail is 212
322-received by the applicant or 15 days after notice is sent to the 213
323-applicant by certified mail or registered mail, and if the 214
324-contract is void, any premium received by the insurer from a 215
325-third party shall be refunded to that party in full; and 216
326- 2. When such cancellation or termination occurs during the 217
327-first 60 days during which the insurance is in force and the 218
328-insurance is canceled or termin ated for reasons other than 219
329-nonpayment of premium, at least 20 days' written notice of 220
330-cancellation or termination accompanied by the reason therefor 221
331-shall be given except where there has been a material 222
332-misstatement or misrepresentation or failure to comp ly with the 223
333-underwriting requirements established by the insurer. 224
334- 225
310+The Financial Services Commission may adopt rules, and the 201
311+Commissioner of Insurance Regulation may issue orders, necessary 202
312+to implement this paragraph. 203
313+ 5.4. This paragraph shall also apply to personal 204
314+residential and commercial residential p olicies covering 205
315+property that was damaged as the result of Hurricane Ian or 206
316+Hurricane Nicole. 207
317+ 6. 5. For purposes of this paragraph: 208
318+ a. A structure is deemed to be repaired when substantially 209
319+completed and restored to the extent that it is insurable b y: 210
320+ (I) Another authorized insurer writing policies in this 211
321+state if the structure is currently insured by an authorized 212
322+insurer; or 213
323+ (II) Another authorized or eligible surplus lines insurer 214
324+writing policies in this state if the structure is currently 215
325+insured by an eligible surplus lines insurer . 216
326+ b. The term "insurer" means an authorized insurer or an 217
327+eligible surplus lines insurer . 218
328+ c. Except for subparagraph 5., the term "d amage" includes 219
329+flood damage related to a hurricane if flood is a covered pe ril 220
330+under the personal residential or commercial residential 221
331+property insurance policy or under a separate flood insurance 222
332+policy. 223
333+ 7. The commission may adopt rules, and the Commissioner of 224
334+Insurance Regulation may issue orders, necessary to implement 225
335335
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343343 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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347-After the policy has been in effect for 60 days, no such policy 226
348-shall be canceled by the insurer except when there has been a 227
349-material misstatement, a nonpayment of premium, a failure to 228
350-comply with underwriting requirements established by the insurer 229
351-within 60 days of the date of effectuation of coverage, or a 230
352-substantial change in the risk covered by the policy or when the 231
353-cancellation is for all insureds under such policies for a given 232
354-class of insureds. This subsection does not apply to 233
355-individually rated risks having a policy term of less than 90 234
356-days. 235
357- (c) If an insurer fails to provide the 45 -day or 20-day 236
358-written notice required under this section, the coverage 237
359-provided to the named insured shall remain in effect until 45 238
360-days after the notice is given or until the effective date of 239
361-replacement coverage obtained by the named insured, whichever 240
362-occurs first. The premium for the coverage shall remain the same 241
363-during any such extension p eriod except that, in the event of 242
364-failure to provide notice of nonrenewal, if the rate filing then 243
365-in effect would have resulted in a premium reduction, the 244
366-premium during such extension of coverage shall be calculated 245
367-based upon the later rate filing. 246
368- (d) Notwithstanding paragraph (b), Citizens Property 247
369-Insurance Corporation in underwriting risks that, prior to the 248
370-date of the application, were most recently insured by an 249
371-insurer that has been placed in receivership under chapter 631, 250
372-
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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
381-
382-
383-
384-may immediately cancel a policy insuring such risk that has been 251
385-in effect for 90 days or less for material misrepresentation or 252
386-failure to comply with underwriting requirements established 253
387-before the effectuation of coverage. 254
388- (2) With respect to any personal lines or com mercial 255
389-residential property insurance policy, including, but not 256
390-limited to, any homeowner, mobile home owner, farmowner, 257
391-condominium association, condominium unit owner, apartment 258
392-building, or other policy covering a residential structure or 259
393-its contents: 260
394- (e)1. An authorized insurer may not cancel or nonrenew a 261
395-personal residential or commercial residential property 262
396-insurance policy covering a dwelling or residential property 263
397-located in this state which has been damaged by a covered peril 264
398-until the earlier of the completion of repair or the expiration 265
399-of one subsequent renewal of the policy that was in force at the 266
400-time of the loss: 267
401- a. For a period of 90 days after the dwelling or 268
402-residential property has been repaired, if such property has 269
403-been damaged as a result of a hurricane or wind loss that is the 270
404-subject of the declaration of emergency pursuant to s. 252.36 271
405-and the filing of an order by the Commissioner of Insurance 272
406-Regulation. 273
407- b. Until the earlier of when the dwelling or residential 274
408-property has been repaired or 1 year after the insurer issues 275
409-
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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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419-
420-
421-the final claim payment, if such property was damaged by any 276
422-covered peril and sub -subparagraph a. does not apply. 277
423- 2. Notwithstanding subparagraph 1. However, an insurer or 278
424-agent may cancel or nonrenew such a policy prior to the repair 279
425-of the dwelling or residential property: 280
426- a. Upon 10 days' notice : 281
427- (I) For nonpayment of premium; or 282
428- (II) If the named insured no longer has an insurable 283
429-interest in the property; or 284
430- b. Upon 45 days' notice: 285
431- (I) For a material misstatement or fraud related to the 286
432-claim; 287
433- (II) If the insurer or its agent has made a reasonable 288
434-written inquiry to the insured as to the status of the repair 289
435-and the insured has failed within 30 calendar days to provide 290
436-information that is responsive to the inquiry to the address or 291
437-e-mail account designated by the insurer or its agent If the 292
438-insurer determines that the insured has unreasonably caused a 293
439-delay in the repair of the dwelling ; or 294
440- (III) If the insurer has paid policy limits under a 295
441-personal residential property insurance policy for a loss to the 296
442-insured dwelling that was damaged, or policy limits under a 297
443-commercial residential property insurance policy for a loss to 298
444-each insured structure that was damaged . 299
445- 3. If the insurer elects to nonrenew a policy after the 300
446-
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454-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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456-
457-
458-expiration of the time in subparagraph 1., the insurer must 301
459-provide notice in accordance with subsection (1) covering a 302
460-property that has been damaged, the insurer shall provide at 303
461-least 90 days' notice to the insured that the insurer intends to 304
462-nonrenew the policy 90 days after the dwelling or residential 305
463-property has been repaired . 306
464- 4. Nothing in This paragraph does not shall prevent the 307
465-insurer from canceling or nonrenewing the policy after the 308
466-repair is completed 90 days after the repairs are complete for 309
467-the same reasons the insurer would otherwise have canceled or 310
468-nonrenewed the policy but for the limitations of subparagraph 1. 311
469-The Financial Services Commission may adopt rules, and the 312
470-Commissioner of Insu rance Regulation may issue orders, necessary 313
471-to implement this paragraph. 314
472- 5.4. This paragraph shall also applies apply to personal 315
473-residential and commercial residential policies covering 316
474-property that was damaged as the result of Hurricane Ian or 317
475-Hurricane Nicole. 318
476- 6.5. For purposes of this paragraph: 319
477- a. A structure is deemed to be repaired when substantially 320
478-completed and restored to the extent that it is insurable by : 321
479- (I) Another authorized insurer writing policies in this 322
480-state if the structure is currently insured by an authorized 323
481-insurer; or 324
482- (II) Another authorized or eligible surplus lines insurer 325
483-
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491-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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493-
494-
495-writing policies in this state if the structure is currently 326
496-insured by an eligible surplus lines insurer . 327
497- b. The term "insurer" means an author ized insurer or an 328
498-eligible surplus lines insurer . 329
499- c. Except for subparagraph 5., the term "d amage" includes, 330
500-but is not limited to, flood damage related to a hurricane if 331
501-flood is a covered peril under the personal residential or 332
502-commercial residential property insurance policy. 333
503- 7. In the event of widespread, significant flooding, as 334
504-determined by the Commissioner of Insurance Regulation, which is 335
505-caused by a hurricane or other natural event, the commissioner 336
506-may issue an order preventing insurers from canceling or 337
507-nonrenewing personal residential or commercial residential 338
508-property insurance policies covering dwellings or residential 339
509-properties located within zip codes directly affected by such 340
510-flooding, as determined by the commissioner. If a claim is made 341
511-while such an order is in effect, an insurer may not cancel or 342
512-nonrenew a personal residential or commercial residential 343
513-property insurance policy covering a dwelling or residential 344
514-property until the earlier of the completion of repair or the 345
515-expiration of one subsequent renewal of the policy that was in 346
516-force at the time of the loss, even if the personal residential 347
517-or commercial residential property insurance policy does not 348
518-cover the peril of flood. An order issued pursuant to this 349
519-subparagraph may remain in effect for an initial period of 90 350
520-
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528-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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530-
531-
532-days and may be renewed for subsequent 90 -day periods, not to 351
533-exceed a total of 270 days. This subparagraph applies only to 352
534-coverage periods and does not alter coverage otherwise provided 353
535-by any insurance polic y. 354
536- 8. The commission may adopt rules, and the Commissioner of 355
537-Insurance Regulation may issue orders, necessary to implement 356
538-this paragraph. 357
539- Section 3. This act shall take effect July 1, 2024. 358
347+this paragraph. 226
348+ Section 3. This act shall take effect July 1, 2024. 227