Florida Senate - 2025 SB 230 By Senator Truenow 13-00517B-25 2025230__ 1 A bill to be entitled 2 An act relating to insurance; amending s. 624.1551, 3 F.S.; clarifying the prohibition related to claims for 4 extracontractual damages; revising construction 5 relating to an adverse adjudication required for 6 certain claims; specifying requirements for a certain 7 notice; requiring that certain damages be available 8 under and pursuant to a specified policy; prohibiting 9 such damages from including certain fees, costs, and 10 damages; prohibiting a certain notice from including 11 certain provisions, demands, or requirements; 12 requiring that applicable statutes of limitations and 13 notice requirements be tolled under certain 14 circumstances; requiring the property insurer to send 15 a specified request within a specified timeframe; 16 requiring that the notice and tolling period be 17 continued under certain circumstances; amending s. 18 626.732, F.S.; revising the requirements for licensing 19 or qualifying general lines agents; amending s. 20 626.878, F.S.; specifying when adjusters must include 21 their appointment type if communicating by text 22 message; prohibiting public adjusters from engaging in 23 certain adversarial conduct; amending s. 627.4108, 24 F.S.; specifying requirements for the claims-handling 25 manual of authorized residential property insurers 26 with active residential policies; amending s. 27 627.4133, F.S.; revising the circumstances under which 28 an insurer or agent may cancel certain policies; 29 amending s. 627.429, F.S.; deleting the definition of 30 the term ARC; authorizing insurers to make certain 31 inquiries relating to a persons HIV infection or 32 related diagnoses and medical care that person has 33 received or is currently receiving; amending s. 34 627.7011, F.S.; revising the required statement by 35 insurers issuing an insurance policy that does not 36 provide flood insurance; amending s. 627.70131, F.S.; 37 specifying when adjusters must include their name and 38 license number if communicating by text message; 39 revising the required statement by insurers providing 40 a preliminary or partial estimate; revising the 41 required statement by insurers providing payment on a 42 claim which is not the full and final payment for the 43 claim; providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1.Section 624.1551, Florida Statutes, is amended 48 to read: 49 624.1551Civil remedy actions against property insurers. 50 (1)In addition to s. 624.155(3)(c), but notwithstanding 51 any provision of s. 624.155 to the contrary, a in any claim for 52 extracontractual damages under s. 624.155 may not be brought s. 53 624.155(1)(b), no action shall lie until a named or omnibus 54 insured or a named beneficiary has established through an 55 adverse adjudication by a court of law that the property insurer 56 breached the insurance contract and a final judgment or decree 57 has been rendered against the insurer. Acceptance of an offer of 58 judgment or demand for judgment under s. 768.79, corrective 59 action or payment by the insurer pursuant to a valid notice of 60 intent to litigate filed under s. 627.70152(3), or the payment 61 of an appraisal award does not constitute an adverse 62 adjudication under this section. The difference between an 63 insurers appraisers final estimate and the appraisal award may 64 be evidence of bad faith under s. 624.155(1)(b), but is not 65 deemed an adverse adjudication under this section and does not, 66 on its own, give rise to a cause of action. 67 (2)When providing notice under s. 624.155(3), a person 68 bringing a claim for extracontractual damages against a property 69 insurer under this section must, on the form that is provided by 70 and sent only to the department, specify only the statutory 71 provisions allegedly violated as required under s. 72 624.155(3)(b)1. and enumerate the specific facts and 73 circumstances giving rise to each violation as required under s. 74 624.155(3)(b)2. In addition, such person must plainly state in 75 the notice the exact amount of damages needed to cure the 76 violation and must attach to the notice any documentation in 77 support of the amount of damages sought. 78 (3)If any damages sought from the property insurer to cure 79 the alleged violations under s. 624.155(3)(b) are monetary or 80 financial, such damages must be available under and pursuant to 81 the express terms and conditions of the policy, less any amounts 82 previously paid by the insurer, policy sublimits, exclusions, 83 and any applicable policy deductibles. Monetary or financial 84 damages sought by a named or omnibus insured, or a named 85 beneficiary, may not include attorney fees; costs, including, 86 but not limited to, any cost associated with notice exceeding 87 the requirements of s. 624.155(3); extracontractual damages; or 88 noneconomic damages. 89 (4)A notice filed under s. 624.155(3)(b) by a named or 90 omnibus insured or a named beneficiary seeking economic damages 91 from the property insurer, may not include any nonmonetary 92 provisions, demands, or requirements. 93 (5)In addition to the notice requirements under s. 94 624.155(3)(c) and the tolling requirements under s. 95 624.155(3)(e), the applicable 60-day notice period and the 96 statute of limitations for an action under this section must be 97 tolled for a period of 10 days after receipt of a request from 98 the property insurer to the policyholder or the policyholders 99 representative for additional information related to the claim. 100 The property insurer must send such request before the 101 expiration of the 60-day notice period under s. 624.155(3)(c) 102 and the tolling period under s. 624.155(3)(e). If the 103 policyholder or the policyholders representative fails to 104 provide the information requested by the property insurer within 105 10 days after the request was received, the 60-day notice period 106 and the tolling period must continue until the insurer receives 107 the requested information. 108 Section 2.Subsection (1) of section 626.732, Florida 109 Statutes, is amended to read: 110 626.732Requirement as to knowledge, experience, or 111 instruction. 112 (1)Except as provided in subsection (4), an applicant for 113 a license as a general lines agent, except for a chartered 114 property and casualty underwriter (CPCU), may not be qualified 115 or licensed unless, within the 4 years immediately preceding the 116 date the application for license is filed with the department, 117 the applicant has satisfied, at a minimum, one of the following 118 requirements: 119 (a)Taught or successfully completed 60 200 hours of 120 coursework in property, casualty, surety, health, and marine 121 insurance approved by the department, 3 hours of which must be 122 on the subject matter of ethics.; 123 (b)Completed at least 1 year in responsible insurance 124 duties as a substantially full-time bona fide employee in all 125 lines of property and casualty insurance as set forth in the 126 definition of a general lines agent under s. 626.015, but 127 without the education requirement described in paragraph (a).; 128 or 129 (c)Completed at least 1 year of responsible insurance 130 duties as a licensed and appointed customer representative, 131 service representative, or personal lines agent and 40 hours of 132 coursework approved by the department covering the areas of 133 property, casualty, surety, health, and marine insurance. 134 Section 3.Subsection (2) of section 626.878, Florida 135 Statutes, is amended, and subsection (4) is added to that 136 section, to read: 137 626.878Rules; code of ethics. 138 (2)A person licensed as an adjuster must identify himself 139 or herself in any advertisement, solicitation, or written 140 document based on the adjuster appointment type held. However, 141 if the adjuster is communicating with a policyholder by text 142 message, the adjusters appointment type held is required only 143 in the initial text message and is not required in subsequent 144 text messages. 145 (4)A public adjuster may not engage in any adversarial 146 conduct with insurance claims personnel during the course of 147 adjusting claims, including, but not limited to, electronically 148 recording insurance company claims personnel and consultants 149 without their consent. 150 Section 4.Subsection (1) of section 627.4108, Florida 151 Statutes, is amended to read: 152 627.4108Claims-handling manuals; submission; attestation. 153 (1)Each authorized residential property insurer with 154 active residential policies conducting business in this state 155 must create and use a claims-handling manual that provides 156 guidelines and procedures and that complies with the 157 requirements of this code and, at a minimum, comports to usual 158 and customary industry claims-handling practices. Such manual 159 must include all of the following guidelines and procedures for: 160 (a)Initially receiving and acknowledging initial receipt 161 of the claim and reviewing and evaluating the claim.; 162 (b)Communicating with policyholders, beginning with the 163 receipt of the claim and continuing until closure of the claim.; 164 (c)Setting the claim reserve.; 165 (d)Investigating the claim, including conducting 166 inspections of the property that is the subject of the claim.; 167 (e)Making preliminary estimates and estimates of the 168 covered damages to the insured property and communicating such 169 estimates to the policyholder.; 170 (f)Paying, partially paying, or denying The payment, 171 partial payment, or denial of the claim and communicating such 172 claim decision to the policyholder.; 173 (g)Closing claims.; and 174 (h)Any aspect of the claims-handling process which the 175 office determines should be included in the claims-handling 176 manual in order to: 177 1.Comply with the laws of this state or rules or orders of 178 the office or department; 179 2.Ensure that the claims-handling manual, at a minimum, 180 comports with usual and customary industry claims-handling 181 guidelines; or 182 3.Protect policyholders of the insurer or the general 183 public. 184 Section 5.Paragraph (e) of subsection (2) of section 185 627.4133, Florida Statutes, is amended to read: 186 627.4133Notice of cancellation, nonrenewal, or renewal 187 premium. 188 (2)With respect to any personal lines or commercial 189 residential property insurance policy, including, but not 190 limited to, any homeowner, mobile home owner, farmowner, 191 condominium association, condominium unit owner, apartment 192 building, or other policy covering a residential structure or 193 its contents: 194 (e)1.An authorized insurer may not cancel or nonrenew a 195 personal residential or commercial residential property 196 insurance policy covering a dwelling or residential property 197 located in this state: 198 a.For a period of 90 days after the dwelling or 199 residential property has been repaired, if such property has 200 been damaged as a result of a hurricane or wind loss that is the 201 subject of the declaration of emergency pursuant to s. 252.36 202 and the filing of an order by the Commissioner of Insurance 203 Regulation. 204 b.Until the earlier of when the dwelling or residential 205 property has been repaired or 1 year after the insurer issues 206 the final claim payment, if such property was damaged by any 207 covered peril and sub-subparagraph a. does not apply. 208 2.However, an insurer or agent may cancel or nonrenew such 209 a policy before prior to the repair of the dwelling or 210 residential property: 211 a.Upon 10 days notice for nonpayment of premium; or 212 b.Upon 45 days notice: 213 (I)For a material misstatement or fraud related to the 214 claim; 215 (II)If the insurer determines that the insured has 216 unreasonably caused a delay in the repair of the dwelling; or 217 (III)If the insurer has paid policy limits; or 218 (IV)If the named insured does not have an insurable 219 interest in the insured property. 220 3.If the insurer elects to nonrenew a policy covering a 221 property that has been damaged, the insurer must shall provide 222 at least 90 days notice to the insured that the insurer intends 223 to nonrenew the policy 90 days after the dwelling or residential 224 property has been repaired. Nothing in this paragraph prevents 225 shall prevent the insurer from canceling or nonrenewing the 226 policy 90 days after the repairs are complete for the same 227 reasons the insurer would otherwise have canceled or nonrenewed 228 the policy but for the limitations of subparagraph 1. The 229 Financial Services Commission may adopt rules, and the 230 Commissioner of Insurance Regulation may issue orders, necessary 231 to implement this paragraph. 232 4.This paragraph shall also applies apply to personal 233 residential and commercial residential policies covering 234 property that was damaged as the result of Hurricane Ian or 235 Hurricane Nicole. 236 5.For purposes of this paragraph: 237 a.A structure is deemed to be repaired when substantially 238 completed and restored to the extent that it is insurable by 239 another authorized insurer writing policies in this state. 240 b.The term insurer means an authorized insurer. 241 Section 6.Paragraph (b) of subsection (3), paragraph (e) 242 of subsection (4), and paragraph (d) of subsection (5) of 243 section 627.429, Florida Statutes, are amended to read: 244 627.429Medical tests for HIV infection and AIDS for 245 insurance purposes. 246 (3)DEFINITIONS.As used in this section: 247 (b)ARC means AIDS-related complex. 248 (4)USE OF MEDICAL TESTS FOR UNDERWRITING. 249 (e)An insurer may inquire whether a person has been tested 250 positive for exposure to the HIV infection or been diagnosed 251 with as having ARC or AIDS caused by the HIV infection or any 252 other sickness or condition derived from such infection. The 253 insurer may also inquire about the status of such persons HIV 254 infection or related diagnoses as well as any medical care that 255 such person has received or is currently receiving, including 256 any treatment regimen or medication. An insurer may not inquire 257 whether the person has been tested for or has received a 258 negative result from a specific test for exposure to the HIV 259 infection or for a sickness or a medical condition derived from 260 such infection. 261 (5)RESTRICTIONS ON COVERAGE EXCLUSIONS AND LIMITATIONS. 262 (d)Any major medical or comprehensive accident and health 263 policy for which individual underwriting is authorized by law 264 may contain a provision excluding coverage for expenses related 265 to AIDS or ARC if, in the opinion of a legally qualified 266 physician, the insured, prior to the first anniversary of the 267 insureds coverage under the policy, first exhibited objective 268 manifestations of AIDS or ARC, as defined by the Centers for 269 Disease Control and Prevention, which objective manifestations 270 are attributable to no other cause or was diagnosed as having 271 AIDS or ARC if all of the following apply: 272 1.The applicant for the policy is not required to submit 273 to any medical test for HIV infection. 274 2.The policy provision: 275 a.Is set forth separately from the other exclusion and 276 limitation provisions of the policy. 277 b.Has an appropriate caption or heading. 278 c.Is disclosed and referenced in a conspicuous manner on 279 the policy data page. 280 d.Contains a statement that the exclusion will not apply 281 to any person if the insurer does not assert the defense before 282 the person has been insured under the policy for 2 years. 283 3.The insurer must notify the insured in writing of a 284 determination that the insured would be subject to the effect of 285 the exclusion within 90 days after the insurer first determines 286 that an insured would be subject to the effect of the exclusion, 287 even if there are no claims for AIDS or ARC. Failure to provide 288 timely written notice under this subparagraph bars the insurer 289 from using the exclusion. 290 4.Objective manifestations of AIDS or ARC first exhibited 291 after the 12-month manifestation period must be covered the same 292 as any other illness. 293 Section 7.Paragraph (b) of subsection (4) of section 294 627.7011, Florida Statutes, is amended to read: 295 627.7011Homeowners policies; offer of replacement cost 296 coverage and law and ordinance coverage. 297 (4) 298 (b)An insurer that issues a homeowners insurance policy 299 that does not provide flood insurance coverage must include on 300 the policy declarations page at initial issuance and every 301 renewal, in bold type no smaller than 18 points, the following 302 statement: 303 304 UNCOVERED LOSSES CAUSED BY FLOOD ARE 310 NOT COVERED. PLEASE DISCUSS THE NEED TO PURCHASE 311 SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE 312 AGENT.THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND 362 MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU 363 HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING 364 YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US. 365 (b)When providing a payment on a claim which is not the 366 full and final payment for the claim, an insurer shall include 367 with the payment the following statement printed in at least 12 368 point bold, uppercase type: WE HAVE ISSUED A PARTIAL SETTLEMENT 369 FOR ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED 370 PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE 371 QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR 372 CLAIM, WE ENCOURAGE YOU TO CONTACT US. 373 Section 9.This act shall take effect upon becoming a law.