| 9 | 9 | | Page 1 of 2 |
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| 10 | 10 | | 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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| 11 | 11 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to assignment of benefits for surplus 2 |
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| 16 | 16 | | lines insurers; amending s. 627.7152, F.S.; providing 3 |
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| 17 | 17 | | that the prohibition against assignment of post -loss 4 |
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| 18 | 18 | | insurance benefits applies to residential and 5 |
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| 19 | 19 | | commercial property insurance policies issued by 6 |
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| 20 | 20 | | authorized insurers and eligible surplus lines 7 |
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| 21 | 21 | | insurers on or after a specified date; providing an 8 |
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| 22 | 22 | | effective date. 9 |
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| 23 | 23 | | 10 |
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| 24 | 24 | | Be It Enacted by the Legislature of the S tate of Florida: 11 |
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| 25 | 25 | | 12 |
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| 26 | 26 | | Section 1. Subsection (13) of section 627.7152, Florida 13 |
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| 27 | 27 | | Statutes, is amended, and subsection (11) of that section is 14 |
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| 28 | 28 | | republished, to read: 15 |
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| 29 | 29 | | 627.7152 Assignment agreements. — 16 |
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| 30 | 30 | | (11) This section does not apply to: 17 |
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| 31 | 31 | | (a) An assignment, transfer, or conveyance granted to a 18 |
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| 32 | 32 | | subsequent purchaser of the property with an insurable interest 19 |
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| 33 | 33 | | in the property following a loss; 20 |
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| 34 | 34 | | (b) A power of attorney under chapter 709 that grants to a 21 |
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| 35 | 35 | | management company, family member, guardian, or similarly 22 |
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| 36 | 36 | | situated person of an insured the authority to act on behalf of 23 |
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| 37 | 37 | | an insured as it relates to a property insurance claim; or 24 |
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| 38 | 38 | | (c) Liability coverage under a property insurance policy. 25 |
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| 46 | 46 | | Page 2 of 2 |
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| 47 | 47 | | 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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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | (13)(a) Except as provided in subsection (11), a 26 |
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| 52 | 52 | | policyholder may not ass ign, in whole or in part, any post -loss 27 |
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| 53 | 53 | | insurance benefit under any residential property insurance 28 |
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| 54 | 54 | | policy or under any commercial property insurance policy as that 29 |
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| 55 | 55 | | term is defined in s. 627.0625(1), issued on or after January 1, 30 |
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| 56 | 56 | | 2023. An attempt to assign post-loss property insurance benefits 31 |
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| 57 | 57 | | under such a policy is void, invalid, and unenforceable. 32 |
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| 58 | | - | (b) In addition to residential property insurance policies 33 |
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| 59 | | - | and commercial property insurance policies issued by authorized 34 |
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| 60 | | - | insurers, the prohibition under para graph (a) also applies to 35 |
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| 61 | | - | residential property insurance policies and commercial property 36 |
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| 62 | | - | insurance policies issued by an eligible surplus lines insurer 37 |
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| 63 | | - | on or after July 1, 2024. 38 |
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| 64 | | - | Section 2. This act shall take effect July 1, 2024. 39 |
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| 58 | + | (b) On or after July 1, 2024, the prohibition under 33 |
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| 59 | + | paragraph (a) applies to a residential or commercial property 34 |
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| 60 | + | insurance policy issued by an authorized insu rer as well as an 35 |
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| 61 | + | eligible surplus lines insurer. 36 |
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| 62 | + | Section 2. This act shall take effect July 1, 2024. 37 |
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