Florida 2025 2025 Regular Session

Florida House Bill H1047 Introduced / Bill

Filed 02/25/2025

                       
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 1 of 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 
 
 
 
A bill to be entitled 1 
An act relating to insurance; amending s. 626.732, 2 
F.S.; revising the requirements for licensing or 3 
qualifying general lines agents; amending s. 626.878, 4 
F.S.; specifying when adjusters must include their 5 
appointment types if communicating by text message; 6 
prohibiting public adjusters from engaging in certain 7 
adversarial conduct; amending s. 627.4108, F.S.; 8 
limiting the requirements for the claims -handling 9 
manual to authorized residential property insurers 10 
with active residential policies; amending s. 11 
627.4133, F.S.; revising the circumstances under which 12 
an insurer or agent may cancel or nonrenew certain 13 
residential property insurance policies; amending s. 14 
627.7011, F.S.; revising the required statement by 15 
insurers issuing a homeowner's insurance policy tha t 16 
does not provide flood insurance coverage; amending s. 17 
627.70131, F.S.; requiring that proof -of-loss 18 
statements that are received by property insurers be 19 
written; specifying when adjusters must include their 20 
name and license number if communicating by te xt 21 
message; revising the required statement by property 22 
insurers providing a preliminary or partial estimate 23 
of damage regarding a claim; revising the required 24 
statement by property insurers providing payment on a 25     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 2 of 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 
 
 
 
claim which is not the full and final paym ent for the 26 
claim; providing an effective date. 27 
 28 
Be It Enacted by the Legislature of the State of Florida: 29 
 30 
 Section 1.  Subsection (1) of section 626.732, Florida 31 
Statutes, is amended to read: 32 
 626.732  Requirement as to knowledge, experience, or 33 
instruction.— 34 
 (1)  Except as provided in subsection (4), an applicant for 35 
a license as a general lines agent, except for a chartered 36 
property and casualty underwriter (CPCU), may not be qualified 37 
or licensed unless, within the 4 years immediately preceding the 38 
date the application for license is filed with the department, 39 
the applicant has satisfied, at a minimum, one of the following 40 
requirements: 41 
 (a)  Taught or successfully completed 60 200 hours of 42 
coursework in property, casualty, surety, health, and ma rine 43 
insurance approved by the department, 3 hours of which must be 44 
on the subject matter of ethics .; 45 
 (b)  Completed at least 1 year in responsible insurance 46 
duties as a substantially full -time bona fide employee in all 47 
lines of property and casualty insu rance as set forth in the 48 
definition of a general lines agent under s. 626.015, but 49 
without the education requirement described in paragraph (a) .; 50     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 3 of 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 
 
 
 
or 51 
 (c)  Completed at least 1 year of responsible insurance 52 
duties as a licensed and appointed customer repre sentative, 53 
service representative, or personal lines agent and 40 hours of 54 
coursework approved by the department covering the areas of 55 
property, casualty, surety, health, and marine insurance. 56 
 Section 2.  Subsection (2) of section 626.878, Florida 57 
Statutes, is amended, and subsection (4) is added to that 58 
section, to read: 59 
 626.878  Rules; code of ethics. — 60 
 (2)  A person licensed as an adjuster must identify himself 61 
or herself in any advertisement, solicitation, or written 62 
document based on the adjuster a ppointment type held. However, 63 
if the adjuster is communicating with a policyholder by text 64 
message, the adjuster's appointment type held is required only 65 
in the initial text message and is not required in subsequent 66 
text messages. 67 
 (4)  A public adjuster may not engage in any adversarial 68 
conduct with insurance company claims personnel during the 69 
course of adjusting claims, including, but not limited to, 70 
electronically recording insurance company claims personnel and 71 
consultants without their consent. 72 
 Section 3.  Subsection (1) of section 627.4108, Florida 73 
Statutes, is amended to read: 74 
 627.4108  Claims-handling manuals; submission; 75     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 4 of 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 
 
 
 
attestation.— 76 
 (1)  Each authorized residential property insurer with 77 
active residential policies conducting business in this state 78 
must create and use a claims -handling manual that provides 79 
guidelines and procedures and that complies with the 80 
requirements of this code and, at a minimum, comports to usual 81 
and customary industry claims -handling practices. Such manual 82 
must include all of the following guidelines and procedures for: 83 
 (a)  Initially receiving and acknowledging initial receipt 84 
of the claim and reviewing and evaluating the claim .; 85 
 (b)  Communicating with policyholders, beginning with the 86 
receipt of the claim and continuing until closure of the claim .; 87 
 (c)  Setting the claim reserve .; 88 
 (d)  Investigating the claim, including conducting 89 
inspections of the property that is the subject of the claim .; 90 
 (e)  Making preliminary estimates and estim ates of the 91 
covered damages to the insured property and communicating such 92 
estimates to the policyholder .; 93 
 (f)  Paying, partially paying, or denying The payment, 94 
partial payment, or denial of the claim and communicating such 95 
claim decision to the policyho lder.; 96 
 (g)  Closing claims.; and 97 
 (h)  Any aspect of the claims -handling process which the 98 
office determines should be included in the claims -handling 99 
manual in order to: 100     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 5 of 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 
 
 
 
 1.  Comply with the laws of this state or rules or orders 101 
of the office or departme nt; 102 
 2.  Ensure that the claims -handling manual, at a minimum, 103 
comports with usual and customary industry claims -handling 104 
guidelines; or 105 
 3.  Protect policyholders of the insurer or the general 106 
public. 107 
 Section 4.  Paragraph (e) of subsection (2) of sect ion 108 
627.4133, Florida Statutes, is amended to read: 109 
 627.4133  Notice of cancellation, nonrenewal, or renewal 110 
premium.— 111 
 (2)  With respect to any personal lines or commercial 112 
residential property insurance policy, including, but not 113 
limited to, any homeown er, mobile home owner, farmowner, 114 
condominium association, condominium unit owner, apartment 115 
building, or other policy covering a residential structure or 116 
its contents: 117 
 (e)1.  An authorized insurer may not cancel or nonrenew a 118 
personal residential or comm ercial residential property 119 
insurance policy covering a dwelling or residential property 120 
located in this state: 121 
 a.  For a period of 90 days after the dwelling or 122 
residential property has been repaired, if such property has 123 
been damaged as a result of a hu rricane or wind loss that is the 124 
subject of the declaration of emergency pursuant to s. 252.36 125     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 6 of 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 
 
 
 
and the filing of an order by the Commissioner of Insurance 126 
Regulation. 127 
 b.  Until the earlier of when the dwelling or residential 128 
property has been repaired or 1 year after the insurer issues 129 
the final claim payment, if such property was damaged by any 130 
covered peril and sub -subparagraph a. does not apply. 131 
 2.  However, an insurer or agent may cancel or nonrenew 132 
such a policy before prior to the repair of the dwel ling or 133 
residential property: 134 
 a.  Upon 10 days' notice for nonpayment of premium; or 135 
 b.  Upon 45 days' notice: 136 
 (I)  For a material misstatement or fraud related to the 137 
claim; 138 
 (II)  If the insurer determines that the insured has 139 
unreasonably caused a de lay in the repair of the dwelling; or 140 
 (III)  If the insurer has paid policy limits ; or 141 
 (IV)  If the named insured does not have an insurable 142 
interest in the insured property . 143 
 3.  If the insurer elects to nonrenew a policy covering a 144 
property that has be en damaged, the insurer must shall provide 145 
at least 90 days' notice to the insured that the insurer intends 146 
to nonrenew the policy 90 days after the dwelling or residential 147 
property has been repaired. Nothing in this paragraph prevents 148 
shall prevent the insurer from canceling or nonrenewing the 149 
policy 90 days after the repairs are complete for the same 150     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 7 of 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 
 
 
 
reasons the insurer would otherwise have canceled or nonrenewed 151 
the policy but for the limitations of subparagraph 1. The 152 
Financial Services Commissio n may adopt rules, and the 153 
Commissioner of Insurance Regulation may issue orders, necessary 154 
to implement this paragraph. 155 
 4.  This paragraph shall also applies apply to personal 156 
residential and commercial residential policies covering 157 
property that was dam aged as the result of Hurricane Ian or 158 
Hurricane Nicole. 159 
 5.  For purposes of this paragraph: 160 
 a.  A structure is deemed to be repaired when substantially 161 
completed and restored to the extent that it is insurable by 162 
another authorized insurer writing polic ies in this state. 163 
 b.  The term "insurer" means an authorized insurer. 164 
 Section 5.  Paragraph (b) of subsection (4) of section 165 
627.7011, Florida Statutes, is amended to read: 166 
 627.7011  Homeowners' policies; offer of replacement cost 167 
coverage and law and ordinance coverage. — 168 
 (4) 169 
 (b)  An insurer that issues a homeowner's insurance policy 170 
that does not provide flood insurance coverage must include on 171 
the policy declarations page at initial issuance and every 172 
renewal, in bold type no smaller than 18 poi nts, the following 173 
statement: 174 
 175     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 8 of 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 
 
 
 
"FLOOD INSURANCE: YOU SHOULD CONSIDER THE PURCHASE OF 176 
FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY 177 
DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM 178 
FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE 179 
FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE 180 
COVERAGE, YOUR UNCOVERED LOSSES CAUSED BY FLOOD ARE 181 
NOT COVERED. PLEASE DISCUSS THE NEED TO PURCHASE 182 
SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE 183 
AGENT." 184 
 185 
 Section 6.  Paragraphs (a), (b), and (c) of subsection (3) , 186 
paragraph (b) of subsection (4), and subsection (6) of section 187 
627.70131, Florida Statutes, are amended to read: 188 
 627.70131  Insurer's duty to acknowledge communications 189 
regarding claims; investigation. — 190 
 (3)(a)  Unless otherwise provided by the policy o f 191 
insurance or by law, within 7 days after an insurer receives the 192 
written proof-of-loss statements, the insurer shall begin such 193 
investigation as is reasonably necessary unless the failure to 194 
begin such investigation is caused by factors beyond the contro l 195 
of the insurer. 196 
 (b)  If such investigation involves a physical inspection 197 
of the property, the licensed adjuster assigned by the insurer 198 
must provide the policyholder with a printed or electronic 199 
document containing his or her name and state adjuster li cense 200     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 9 of 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 
 
 
 
number. An insurer must conduct any such physical inspection 201 
within 30 days after its receipt of the written proof-of-loss 202 
statements. 203 
 (c)  Any subsequent communication with the policyholder 204 
regarding the claim must also include the name and license 205 
number of the adjuster communicating about the claim. However, 206 
when the adjuster communicates with a policyholder by text 207 
message, the adjuster's name and license number are required 208 
only in the initial text message and are not required in 209 
subsequent text messages. Communication of the adjuster's name 210 
and license number may be included with other information 211 
provided to the policyholder. 212 
 (4)  An insurer shall maintain: 213 
 (b)  Claim records, including dates, of: 214 
 1.  Any claim-related communication made be tween the 215 
insurer and the policyholder or the policyholder's 216 
representative; 217 
 2.  The insurer's receipt of the policyholder's written 218 
proof-of-loss statement; 219 
 3.  Any claim-related request for information made by the 220 
insurer to the policyholder or the pol icyholder's 221 
representative; 222 
 4.  Any claim-related inspections of the property made by 223 
the insurer, including physical inspections and inspections made 224 
by electronic means; 225     
 
HB 1047   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1047-00 
Page 10 of 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 
 
 
 
 5.  Any detailed estimate of the amount of the loss 226 
generated by the insurer's adj uster; 227 
 6.  The beginning and end of any tolling period provided 228 
for in subsection (8); and 229 
 7.  The insurer's payment or denial of the claim. 230 
 (6)(a)  When providing a preliminary or partial estimate of 231 
damage regarding a claim, an insurer shall include w ith the 232 
estimate the following statement printed in at least 12 -point 233 
bold, uppercase type: "THIS ESTIMATE REPRESENTS OUR CURRENT 234 
EVALUATION OF THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND 235 
MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU 236 
HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING 237 
YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. " 238 
 (b)  When providing a payment on a claim which is not the 239 
full and final payment for the claim, an insurer shall include 240 
with the payment the followin g statement printed in at least 12 -241 
point bold, uppercase type: "WE HAVE ISSUED A PARTIAL SETTLEMENT 242 
FOR ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED 243 
PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE 244 
QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR 245 
CLAIM, WE ENCOURAGE YOU TO CONTACT US. " 246 
 Section 7. This act shall take effect upon becoming a law. 247