Florida 2024 2024 Regular Session

Florida House Bill H1191 Introduced / Bill

Filed 01/04/2024

                       
 
HB 1191  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1191-00 
Page 1 of 2 
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 assignment of benefits for surplus 2 
lines insurers; amending s. 627.7152, F.S.; providing 3 
that the prohibition against assignment of post -loss 4 
insurance benefits applies to residential and 5 
commercial property insurance policies issued by 6 
authorized insurers and eligible surplus lines 7 
insurers on or after a specified date; providing an 8 
effective date. 9 
 10 
Be It Enacted by the Legislature of the S tate of Florida: 11 
 12 
 Section 1.  Subsection (13) of section 627.7152, Florida 13 
Statutes, is amended, and subsection (11) of that section is 14 
republished, to read: 15 
 627.7152  Assignment agreements. — 16 
 (11)  This section does not apply to: 17 
 (a)  An assignment, transfer, or conveyance granted to a 18 
subsequent purchaser of the property with an insurable interest 19 
in the property following a loss; 20 
 (b)  A power of attorney under chapter 709 that grants to a 21 
management company, family member, guardian, or similarly 22 
situated person of an insured the authority to act on behalf of 23 
an insured as it relates to a property insurance claim; or 24 
 (c)  Liability coverage under a property insurance policy. 25     
 
HB 1191  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1191-00 
Page 2 of 2 
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 
 
 
 
 (13)(a) Except as provided in subsection (11), a 26 
policyholder may not ass ign, in whole or in part, any post -loss 27 
insurance benefit under any residential property insurance 28 
policy or under any commercial property insurance policy as that 29 
term is defined in s. 627.0625(1), issued on or after January 1, 30 
2023. An attempt to assign post-loss property insurance benefits 31 
under such a policy is void, invalid, and unenforceable. 32 
 (b)  On or after July 1, 2024, the prohibition under 33 
paragraph (a) applies to a residential or commercial property 34 
insurance policy issued by an authorized insu rer as well as an 35 
eligible surplus lines insurer. 36 
 Section 2.  This act shall take effect July 1, 2024. 37