HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 1 of 12 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 insurers' liabilities and 2 responsibilities; amending s. 626.926, F.S.; requiring 3 surplus lines insurers to comply with valued policy 4 law under certain circumstances; creating s. 627.4263, 5 F.S.; defining the term "qualified human 6 professional"; requiring insurers' decisions to deny 7 claims to be reviewed, approved, and signed off by 8 qualified human professionals; prohibiting artificial 9 intelligence, machine learning algorithms, and 10 automated systems from serving as the basis for 11 denying claims; requiring insurers to maintain certain 12 records of the human review process for denied claims; 13 requiring insurers to include certain information in 14 denial communications to claimants; providing 15 reporting requirements; authorizing the Office of 16 Insurance Regulation to audit claim denials; amending 17 s. 627.702, F.S.; defining the term "insurer" to 18 include surplus lines insurers for the purpose of 19 valued policy law; amending ss. 627.7011 and 627.7142, 20 F.S.; conforming cross -references; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 2 of 12 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 Section 1. Subsection (2) of section 626.926, Florida 26 Statutes, is renumbered as subs ection (3), and a new subsection 27 (2) is added to that section, to read: 28 626.926 Liability of insurer as to losses and unearned 29 premiums; valued policy law.— 30 (2) Each unauthorized insurer assuming a surplus lines 31 direct risk under this Surplus Lines Law and issuing property or 32 casualty insurance coverage shall comply with the valued policy 33 law, as applicable, under s. 627.702. 34 Section 2. Section 627.4263, Florida Statutes, is created 35 to read: 36 627.4263 Mandatory human reviews of claim denials. — 37 (1) As used in this section, the term "qualified human 38 professional" includes, but is not limited to, a supervisor, a 39 claims manager, or a licensed claims adjuster having authority 40 over a claim. 41 (2)(a) An insurer's decision to deny a claim must be 42 reviewed, approved, and signed off by a qualified human 43 professional. 44 (b) Artificial intelligence, a machine learning algorithm, 45 or an automated system must not serve as the basis for 46 determining whether to deny a claim. 47 (3) An insurer shall maintain detailed records of the 48 human review process described in paragraph (2)(a) for all 49 denied claims, including: 50 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 3 of 12 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) The name and title of the qualified human professional 51 who reviewed the denial decision . 52 (b) The date and time of the review by the qualified human 53 professional. 54 (c) Documentation of the basis for the denial, including 55 any supplemental information provided by automated tools. 56 (4) In each denial communication to a claimant, an insurer 57 shall: 58 (a) Clearly identify the qualified human professional who 59 reviewed the denial decision. 60 (b) Include a statement affirming that artificial 61 intelligence, a machine learning algorithm, or an automated 62 system did not serve as the basis for determining whether to 63 deny the claim. 64 (5) An insurer shall submit per iodic compliance reports to 65 the office detailing the steps taken to comply with this 66 section. 67 (6) The office may audit claim denials to verify 68 compliance with this section. 69 Section 3. Section 627.702, Florida Statutes, is amended 70 to read: 71 627.702 Valued policy law.— 72 (1) Beginning July 1, 2025, as used in this section, the 73 term "insurer" includes an unauthorized insurer assuming a 74 surplus lines direct risk under the Surplus Lines Law, ss. 75 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 4 of 12 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 626.913-626.937, and issuing property or casualty insurance 76 coverage. 77 (2)(a)(1)(a) In the event of the total loss of any 78 building, structure, mobile home as defined in s. 320.01(2), or 79 manufactured building as defined in s. 553.36(13), located in 80 this state and insured by any insurer as to a covered peril, in 81 the absence of any change increasing the risk without the 82 insurer's consent and in the absence of fraudulent or criminal 83 fault on the part of the insured or one acting in her or his 84 behalf, the insurer's liability under the policy for such total 85 loss, if caused by a covered peril, shall be in the amount of 86 money for which such property was so insured as specified in the 87 policy and for which a premium has been charged and paid. 88 (b) The intent of this subsection is not to deprive an 89 insurer of any proper defen se under the policy, to create new or 90 additional coverage under the policy, or to require an insurer 91 to pay for a loss caused by a peril other than the covered 92 peril. In furtherance of such legislative intent, when a loss 93 was caused in part by a covered pe ril and in part by a 94 noncovered peril, paragraph (a) does not apply. In such 95 circumstances, the insurer's liability under this section shall 96 be limited to the amount of the loss caused by the covered 97 peril. However, if the covered perils alone would have c aused 98 the total loss, paragraph (a) shall apply. The insurer is never 99 liable for more than the amount necessary to repair, rebuild, or 100 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 5 of 12 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 replace the structure following the total loss, after 101 considering all other benefits actually paid for the total loss. 102 (c) It is the intent of the Legislature that the amendment 103 to this section shall not be applied retroactively and shall 104 apply only to claims filed after the effective date of such 105 amendment. 106 (3)(2) In the case of a partial loss by fire or lightning 107 of any such property, the insurer's liability, if any, under the 108 policy shall be for the actual amount of such loss but may shall 109 not exceed the amount of insurance specified in the policy as to 110 such property and such peril. 111 (4)(3) The provisions of Subsections (2) and (3) (1) and 112 (2) do not apply when: 113 (a) Insurance policies are issued or renewed by more than 114 one company insuring the same building, structure, mobile home, 115 or manufactured building, and the existence of such additional 116 insurance is not disclo sed by the insured to all insurers 117 issuing such policies; 118 (b) Two or more buildings, structures, mobile homes, or 119 manufactured buildings are insured under a blanket form for a 120 single amount of insurance; or 121 (c) The completed value of a building, struct ure, mobile 122 home, or manufactured building is insured under a builder's risk 123 policy. 124 (5)(4) The amount of any loss referred to in subsection 125 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 6 of 12 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) or subsection (2) or subsection (3) is shall be subject to 126 any coinsurance clause contained in the policy pursuant to s. 127 627.701. 128 (6)(5) This section does not apply as to personal property 129 or any interest therein, except with respect to mobile homes as 130 defined in s. 320.01(2) or manufactured building s as defined in 131 s. 553.36(13). Nor does this section apply to coverage of an 132 appurtenant structure or other structure or any coverage or 133 claim in which the dollar amount of coverage available as to the 134 structure involved is not directly stated in the polic y as a 135 dollar amount specifically applicable to that particular 136 structure. 137 (7)(6) With regard to mobile homes included in subsection 138 (2) (1), any total loss shall be adjusted on the basis of the 139 amount of money for which such property was insured as spec ified 140 in the policy, whether on an actual cash value basis, 141 replacement cost basis, or stated amount, and for which a 142 premium has been charged and paid only if the insured has 143 elected to purchase such coverage at the inception of the 144 policy. However, when coverage is written for a mobile home on 145 any basis other than stated value, a complete disclosure of the 146 relative cost between that policy and the stated value policy 147 shall be made to the insured on a form and in a format approved 148 by the office. Such forms shall disclose and describe the 149 differences between the types of policies and shall be signed by 150 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 7 of 12 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 insured. Copies shall be maintained in the insurer's file, 151 and a copy shall be made available to the insured. Each insurer 152 licensed to write insurance cov ering mobile homes shall make 153 such stated value coverage available at the option of the 154 insured. 155 (8)(7) This section does not prohibit Nothing herein shall 156 be construed as prohibiting an insurer from repairing or 157 replacing damaged property at its own exp ense and without 158 contribution on the part of the insured except, as provided in 159 subsection (7) (6), when an insured has elected to purchase 160 stated value coverage. Such repair or replacement of damaged 161 property shall be in lieu of any liability created by s ubsection 162 (2) (1); and any insurer so repairing or replacing shall have no 163 liability pursuant to subsection (2) (1), provided such insurer 164 returns to the named insured a portion of the premium, for all 165 policy terms during which the policy limits were the s ame as 166 those in effect on the date on which the loss occurred, equal to 167 that portion of the premium paid for limits of insurance on the 168 structure in excess of the cost of replacement. 169 (9)(8) Any property insurer may, by an appropriate rider 170 or endorsement or otherwise, provide insurance indemnifying the 171 insured for the difference between the insurable value of the 172 insured property at the time any loss or damage occurs, and the 173 amount actually expended to repair, rebuild, or replace within 174 this state, with new materials of like size, kind, and quality, 175 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 8 of 12 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 such property as has been damaged or destroyed. 176 Section 4. Paragraph (e) of subsection (6) of section 177 627.7011, Florida Statutes, is amended to read: 178 627.7011 Homeowners' policies; offer of replacement cost 179 coverage and law and ordinance coverage. — 180 (6) This section does not: 181 (e) Prohibit an insurer from exercising its right to 182 repair damaged property in compliance with its policy and s. 183 627.702(8) s. 627.702(7). 184 Section 5. Section 627.7142, Flori da Statutes, is amended 185 to read: 186 627.7142 Homeowner Claims Bill of Rights. —An insurer 187 issuing a personal lines residential property insurance policy 188 in this state must provide a Homeowner Claims Bill of Rights to 189 a policyholder within 14 days after recei ving an initial 190 communication with respect to a claim. The purpose of the bill 191 of rights is to summarize, in simple, nontechnical terms, 192 existing Florida law regarding the rights of a personal lines 193 residential property insurance policyholder who files a c laim of 194 loss. The Homeowner Claims Bill of Rights is specific to the 195 claims process and does not represent all of a policyholder's 196 rights under Florida law regarding the insurance policy. The 197 Homeowner Claims Bill of Rights does not create a civil cause of 198 action by any individual policyholder or class of policyholders 199 against an insurer or insurers. The failure of an insurer to 200 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 9 of 12 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 properly deliver the Homeowner Claims Bill of Rights is subject 201 to administrative enforcement by the office but is not 202 admissible as evidence in a civil action against an insurer. The 203 Homeowner Claims Bill of Rights does not enlarge, modify, or 204 contravene statutory requirements, including, but not limited 205 to, ss. 626.854, 626.9541, 627.70131, 627.7015, and 627.7074, 206 and does not prohibit an insurer from exercising its right to 207 repair damaged property in compliance with the terms of an 208 applicable policy or ss. 627.7011(6)(e) and 627.702(8) 209 627.702(7). The Homeowner Claims Bill of Rights must state: 210 HOMEOWNER CLAIMS 211 BILL OF RIGHTS 212 This Bill of Rights is specific to the claims process and does 213 not represent all of your rights under Florida law regarding 214 your policy. There are also exceptions to the stated timelines 215 when conditions are beyond your insurance company's control. 216 This document does not create a civil cause of action by an 217 individual policyholder, or a class of policyholders, against an 218 insurer or insurers and does not prohibit an insurer from 219 exercising its right to repair damaged property in compliance 220 with the terms of an app licable policy. 221 YOU HAVE THE RIGHT TO: 222 1. Receive from your insurance company an acknowledgment 223 of your reported claim within 7 days after the time you 224 communicated the claim. 225 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 10 of 12 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 2. Upon written request, receive from your insurance 226 company within 30 days after you have submitted a complete 227 proof-of-loss statement to your insurance company, 228 confirmation that your claim is covered in full, partially 229 covered, or denied, or receive a written statement that 230 your claim is being investigated. 231 3. Receive from your insurance company a copy of any 232 detailed estimate of the amount of the loss within 7 days 233 after the estimate is generated by the insurance company's 234 adjuster. 235 4. Within 60 days, subject to any dual interest noted in 236 the policy, receive full settlement payment for your claim 237 or payment of the undisputed portion of your claim, or your 238 insurance company's denial of your claim. 239 5. Receive payment of interest, as provided in s. 240 627.70131, Florida Statutes, from your insurance company, 241 which begins accruin g from the date your claim is filed if 242 your insurance company does not pay full settlement of your 243 initial, reopened, or supplemental claim or the undisputed 244 portion of your claim or does not deny your claim within 60 245 days after your claim is filed. The in terest, if 246 applicable, must be paid when your claim or the undisputed 247 portion of your claim is paid. 248 6. Free mediation of your disputed claim by the Florida 249 Department of Financial Services, Division of Consumer 250 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 11 of 12 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 Services, under most circumstances and sub ject to certain 251 restrictions. 252 7. Neutral evaluation of your disputed claim, if your 253 claim is for damage caused by a sinkhole and is covered by 254 your policy. 255 8. Contact the Florida Department of Financial Services, 256 Division of Consumer Services' toll -free helpline for 257 assistance with any insurance claim or questions pertaining 258 to the handling of your claim. You can reach the Helpline 259 by phone at ...(toll -free phone number)..., or you can seek 260 assistance online at the Florida Department of Financial 261 Services, Division of Consumer Services' website at 262 ...(website address).... 263 YOU ARE ADVISED TO: 264 1. File all claims directly with your insurance company. 265 2. Contact your insurance company before entering into any 266 contract for repairs to confirm any managed r epair policy 267 provisions or optional preferred vendors. 268 3. Make and document emergency repairs that are necessary 269 to prevent further damage. Keep the damaged property, if 270 feasible, keep all receipts, and take photographs or video 271 of damage before and afte r any repairs to provide to your 272 insurer. 273 4. Carefully read any contract that requires you to pay 274 out-of-pocket expenses or a fee that is based on a 275 HB 1555 2025 CODING: Words stricken are deletions; words underlined are additions. hb1555-00 Page 12 of 12 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 percentage of the insurance proceeds that you will receive 276 for repairing or replacing your property. 277 5. Confirm that the contractor you choose is licensed to 278 do business in Florida. You can verify a contractor's 279 license and check to see if there are any complaints 280 against him or her by calling the Florida Department of 281 Business and Professional Regulation. You should also ask 282 the contractor for references from previous work. 283 6. Require all contractors to provide proof of insurance 284 before beginning repairs. 285 7. Take precautions if the damage requires you to leave 286 your home, including securing your property and turning off 287 your gas, water, and electricity, and contacting your 288 insurance company and provide a phone number where you can 289 be reached. 290 Section 6. This act shall take effect July 1, 2025. 291