Florida 2025 2025 Regular Session

Florida Senate Bill S1184 Analysis / Analysis

Filed 03/31/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Judiciary 
 
BILL: CS/SB 1184 
INTRODUCER:  Banking and Insurance Committee and Senator DiCeglie 
SUBJECT:  Residual Market Insurers 
DATE: March 31, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Thomas Knudson BI Fav/CS 
2. Davis Cibula JU Pre-meeting 
3.     RC  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/SB 1184 transfers statutory provisions that regulate surplus lines insurers from ch. 627, F.S.,  
which regulates insurance rates and contracts, into ch. 626, F.S., Part VIII, which regulates 
unauthorized insurers and surplus lines. Surplus lines insurance exists to cover specific risks that 
insurance companies in the standard or admitted market reject as being too risky to insure. A 
surplus lines insurer is an “unauthorized insurer” made eligible by the Office of Insurance 
Regulation to write specific property and casualty insurance that is not written by an authorized 
or admitted insurer.
1
 
 
The bill deletes requirements in current law regarding the eligibility of insurance coverage to be 
exported to (written by) a surplus lines insurer. The deleted requirements include that: 
• Surplus lines agents must verify that a diligent effort has been made by requiring a properly 
documented statement of diligent effort from the retail or producing agent and by seeking 
coverage from and having been rejected by at least three authorized insurers currently writing 
this type of coverage and documenting these rejections; 
• The full amount of the surplus lines insurance policy must not be procurable from an insurer 
authorized to transact and are actually writing that kind and class of insurance; 
 
1
 Florida Surplus Lines Service Office, Surplus Lines Insurance, available at https://www.fslso.com/about/surplus-lines-
insurance (last visited March 30, 2025) and Florida Surplus Lines Service Office, Surplus Lines Definitions, available at 
https://www.fslso.com/docs/default-source/uploadedfiles/default-document-library/surplus-lines-definitions.pdf (last visited 
March 30, 2025).  
REVISED:   BILL: CS/SB 1184   	Page 2 
 
• The amount of insurance exported to a surplus lines policy must be only the excess over the 
amount procurable from authorized insurers; and 
• Each surplus lines agent file with the Florida Surplus Lines Service Office an affidavit stating 
all the surplus lines insurance transacted by him or her during each calendar quarter has been 
submitted to the Office as required, including efforts made to place coverages with 
authorized insurers and the results thereof. 
 
The bill further: 
• Adds additional language to the required disclosure that an agent must give to an insured 
when exporting coverage to a surplus lines insurer. The added language states 
“[a]dditionally, surplus lines insurers’ policy rates and forms are not approved by any Florida 
regulatory agency.”  
• Provides requirements regarding the nonjoinder of insurers in suits arising under a surplus 
lines property insurance policy. 
• Provides that a policyholder may not assign, in whole or in part, any post-loss insurance 
benefit under any surplus lines residential property insurance policy or under any surplus 
lines commercial property insurance policy. 
• Provides that in order to meet the existing requirement that the Citizens Property Insurance 
Corporation (Citizens) only appoints agents who also hold an appointment by at least three 
insurers who are authorized to write and are actually writing or renewing certain types of 
property coverage, an agent may satisfy the requirement for any one or more of the three 
direct appointments by providing to Citizens a signed attestation confirming that he or she 
has access through a broker to an authorized insurer or eligible surplus lines insurer 
authorized to write and actually writing such property coverage; however, such signed 
attestations do not satisfy the requirements necessary to write personal lines residential 
property coverage for Citizens. 
• Repeals rulemaking authority for the Financial Services Commission to declare eligible for 
export generally to surplus lines any class or classes of insurance coverage or risk for which 
it finds that there is no reasonable or adequate market among authorized insurers; and 
• Consolidates statutory provisions related to surplus lines insurance into part VIII of ch. 626, 
F.S. 
 
The bill is not expected to have a fiscal impact on state or local governments. 
 
The bill takes effect July 1, 2025. 
II. Present Situation: 
Regulation of Insurance in Florida  
The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers and 
other risk bearing entities in Florida.
2
 As part of their regulatory oversight, the OIR may suspend 
 
2
 Section 20.121(3)(a), F.S. The Financial Services Commission, composed of the Governor, the Attorney General, the Chief 
Financial Officer, and the Commissioner of Agriculture, serves as agency head of the Office of Insurance Regulation for 
purposes of rulemaking. Further, the Financial Services Commission appoints the commissioner of the Office of Insurance 
Regulation.  BILL: CS/SB 1184   	Page 3 
 
or revoke an insurer’s certificate of authority under certain conditions.
3
 The OIR is responsible 
for examining the affairs, transactions, accounts, records, and assets of each insurer that holds a 
certificate of authority to transact insurance business in Florida.
4
 As part of the examination 
process, all persons being examined must make available to the OIR the accounts, records, 
documents, files, information, assets, and matters in their possession or control that relate to the 
subject of the examination.
5
 The OIR is also authorized to conduct market conduct examinations 
to determine compliance with applicable provisions of the Insurance Code.
6
 
 
Insurance companies that transact insurance in Florida or that have offices located in the state are 
required to obtain a certificate of authority (COA) issued by the OIR pursuant to s. 624.401, F.S. 
These companies, referred to as authorized or admitted insurers,
7
 are broadly regulated by the 
OIR under the Insurance Code as to reserves, surplus as to policyholders, solvency, rates and 
forms, market conduct, permissible investments, and affiliate relationships.
8
 Authorized insurers 
are also required to participate in a variety of government mandated insurance programs and pay 
assessments levied by state guaranty funds in the event of insurer insolvencies.
9
 
 
Surplus Lines Insurance 
Surplus lines insurance is the market of last resort for difficult to place commercial and personal 
lines risks in Florida.
10
 Typically, surplus lines insurers write policies for unusual, high-risk 
situations that include hazardous materials transporters, commercial trucking enterprises, day 
care centers, older homes located in coastal areas, professional athletes, hospitals, expensive 
boats and cars, and medical malpractice. Surplus lines insurance is coverage provided by a 
company that is not licensed in Florida but is allowed to transact insurance in the state as an 
“eligible” insurer
11
 under the surplus lines law (ss. 626.913-626.937, F.S.). Under this law, 
insurance may only be purchased from a surplus lines carrier if the necessary amount of 
coverage cannot be procured after a diligent effort to buy the coverage from authorized 
insurers.
12
  
 
Rates charged by a surplus lines carrier must not be lower than the rate applicable and in use by 
the majority of the authorized insurers writing similar coverages on similar risks in Florida.
13
 
 
3
 Section 624.418, F.S. 
4
 Section 624.316(1)(a), F.S. 
5
 Section 624.318(2), F.S. 
6
 Section 624.3161, F.S. 
7
 An “authorized” or “admitted” insurer is one duly authorized by a COA to transact insurance in this state. 
8
 The Insurance Code consists of chs. 624-632, 634, 635, 636, 641, 642, 648, and 651, F.S. 
9
 For example, Florida licensed direct writers of property and casualty insurance must be members of the Florida Insurance 
Guaranty Association, which handles the claims of insolvent insurers under part II of ch. 631, F.S., and insurers offering 
workers’ compensation coverage in Florida must be members of the Florida Workers’ Compensation Insurance Guaranty 
Association, which provides payment of covered claims for insurers that are declared insolvent under part V of ch. 631, F.S. 
10
 Surplus lines insurance is insurance coverage provided by an insurer that is not licensed in Florida but is allowed to do 
business in the state because the particular coverage offered is not available from Florida-licensed or authorized carriers. 
Surplus lines insurers are governed under the Surplus Lines Law (ss. 626.913-626.937, F.S.). 
11
 An “eligible surplus lines insurer” as defined in s. 626.914(2), F.S., is an “unauthorized insurer” which has been made 
eligible by the Office of Insurance Regulation to issue insurance coverage under the surplus lines law. 
12
 See s. 626.914(4), F.S. A “diligent effort” is defined as seeking coverage from and being rejected by at least three 
authorized insurers that write the type of coverage being sought. The rejections must be documented. 
13
 Section 626.916(1)(b), F.S.  BILL: CS/SB 1184   	Page 4 
 
Likewise, a surplus lines policy contract form must not be more favorable to the insured as to the 
coverage or rate offered by the majority of authorized carriers.
14
 Except as specifically stated as 
applicable, surplus lines insurers are not subject to regulation under ch. 627, F.S., of the Florida 
Insurance Code, which includes, in part, provisions related to ratings standard, contracts, and 
attorney fees for authorized insurers.
15
 
 
The Florida Surplus Lines Service Office (FSLSO) is governed by a nine-person board of 
governors consisting of eight members appointed by the Department of Financial Services (DFS) 
with the insurance consumer advocate being the ninth member.
16
 The FSLSO is required to 
perform its functions under a plan of operation
17
 that is subject to the approval of the OIR.
18
 The 
FSLSO is required to conduct the following activities: 
• Receive, record and review all surplus lines insurance policies;  
• Maintain records of the policies reported to the FSLSO and perform reports as required by 
the Financial Services Commission; 
• Prepare and deliver to each surplus lines agent quarterly reports of each agent’s business;  
• Collect and remit to the DFS the surplus lines tax as provided for in s. 626.932, F.S.;  
• Reconcile the policies provided by non-admitted insurers with the policies reported to the 
service office by agents;  
• Collect monthly from each surplus lines agent a service fee of up to .03 percent; and 
• Other activities as specified by statute.
19
 
 
Diligent Effort  
“To export” a policy means an insurance agent,
20
 with the consent of the insurance applicant, 
placing a policy with an unauthorized insurer under the Surplus Lines Law through a surplus 
lines agent.
21
 Unless an exception applies, in order to place business with a surplus lines insurer, 
the agent must make a “diligent effort” to place the policy with a Florida-authorized insurer, 
which is shown by having three written rejections of coverage from authorized insurers currently 
writing the type of insurance being sought.
22
 However, if the cost to replace a residential 
dwelling is $700,000 or more, then diligent effort is seeking and being denied coverage from at 
least one authorized insurer in the admitted market currently writing that type of coverage.
23
  
 
Export requirements further specify that: 
• The premium rate for policies written by a surplus lines insurer cannot be less than the 
premium rate used by a majority of authorized insurers for the same coverage on similar 
risks; 
 
14
 Section 626.916(1)(c), F.S. 
15
 Section 626.913(4), F.S. 
16
 Section 626.921(4), F.S. 
17
 Section 626.921(3), F.S. 
18
 Section 626.921(5), F.S. 
19
 Section 626.921(3), F.S. 
20
 Typically, the applicant’s usual insurance agent works with the surplus lines agent to arrange the placement, rather than the 
applicant working directly with the surplus lines agent. 
21
 Section 626.914(3), F.S. 
22
 Sections 626.914(4) and 626.916(1)(a), F.S. 
23
 Section 626.914(4), F.S.  BILL: CS/SB 1184   	Page 5 
 
• The policy exported cannot provide coverage or rates that are more favorable than those that 
are used by the majority of authorized insurers actually writing similar coverages on similar 
risks;  
• The deductibles must be the same as those used by one or more authorized insurers, unless 
the coverage is for fire or windstorm; and  
• The policyholder must be advised in writing that coverage may be available and less 
expensive in the admitted market and persons insured by surplus lines carriers are not 
protected under the Florida Insurance Guaranty Act with respect to any right of recovery for 
the obligation of an insolvent unlicensed insurer.
24
 
 
Only three states do not require that an agent make a diligent effort before exporting a policy to a 
surplus lines insurer.
25
 Eighteen states require the agent to obtain at least three declinations from 
authorized insurers before exporting a policy to a surplus lines insurer.
26
 
 
Assignments of Benefits  
An assignment is the voluntary transfer of the rights of one party under a contract to another 
party; the transfer by a party to another party of some valuable interest.
27
 In 2022,
28
 the 
Legislature prohibited the assignment, in whole or in part, of any post-loss insurance benefit 
under any residential property insurance policy or under any commercial property insurance 
policy issued on or after January 1, 2023.
29
 As written, the prohibition does not specifically apply 
to surplus lines property insurance policies. 
 
Nonjoinder of Insurers  
Section 627.4136, F.S., establishes provisions regarding the joinder and nonjoinder of an insurer 
in certain litigation. As written, these provisions do not specifically apply to surplus lines 
insurers. These provisions are: 
• Before a cause of action accrues against a liability insurer by a person not an insured under 
the terms of the liability insurance policy, such person must first obtain a settlement or 
verdict against a person who is an insured under the policy for a cause of action that is 
covered by such policy. 
• If an insurer pays any taxable costs or attorney’s fees that would be recoverable by the 
insured but for the fact that such costs or fees were paid by the insurer, that insurer is 
considered a party for the purpose of recovering such fees or costs.  
• A person who is not an insured under the terms of a liability insurance policy does not have 
any interest in such policy, either as a third-party beneficiary or otherwise, prior to first 
obtaining a settlement or verdict against a person who is an insured under the terms of such 
policy for a cause of action which is covered by such policy. 
 
24
 Section 626.916(1), F.S. 
25
 These states are Louisiana, Virgina, and Wisconsin. See Wholesale & Specialty Insurance Association Diligent Effort 
Compliance Chart, https://www.wsia.org/docs/Diligent%20effort%20chart%202-3-17.pdf  (last visited March 25, 2025). 
26
 Id. Ohio requires five declinations and New Mexico requires four declinations. South Carolina requires only one 
declination.  
27
 The Law Dictionary, https://thelawdictionary.org/assignment/ (last visited March 25, 2025). 
28
 Ch. 2022-271, s. 21, Laws of Fla.  
29
 Section 627.7152(13), F.S.  BILL: CS/SB 1184   	Page 6 
 
• An insurer has the substantive right to insert a provision in a liability insurance policy that 
precludes persons who are not designated as insureds in such policies from joining a liability 
insurer as a party defendant with its insured prior to the rendition of a verdict. 
• At the time a judgment is entered or a settlement is reached during the pendency of litigation, 
a liability insurer may be joined as a party defendant for the purposes of entering final 
judgment or enforcing the settlement by the motion of any party, unless the insurer denied 
coverage under the provisions of s. 627.426(2), F.S., or defended under a reservation of 
rights pursuant to s. 627.426(2), F.S. A copy of the motion to join the insurer must be served 
on the insurer by certified mail. If a judgment is reversed or remanded on appeal, the 
insurer’s presence may not be disclosed to the jury in a subsequent trial. 
 
Citizens Property Insurance Corporation  
Citizens Property Insurance Corporation (Citizens) is a state-created, not-for-profit, tax-exempt 
governmental entity whose public purpose is to provide property insurance coverage to those 
unable to find affordable coverage in the voluntary admitted market.
30
 Citizens is not a private 
insurance company.
31
 Citizens was statutorily created in 2002 when the Florida Legislature 
combined the state’s two insurers of last resort, the Florida Residential Property and Casualty 
Joint Underwriting Association (RPCJUA) and the Florida Windstorm Underwriting Association 
(FWUA).
32
  
 
Citizens operates in accordance with the provisions in s. 627.351(6), F.S., and is governed by a 
nine-member Board of Governors (board) that administers its Plan of Operations. The Plan of 
Operations is reviewed and approved by the Financial Services Commission.
33
 The Governor, 
President of the Senate, Speaker of the House of Representatives, and Chief Financial Officer 
each appoint two members to the board.
34
 The Governor appoints an additional member who 
serves solely to advocate on behalf of the consumer.
35
 Citizens is subject to regulation by OIR. 
 
Citizens may only appoint as its licensed agents those agents who also hold an appointment by at 
least three insurers who are authorized to write and are actually writing or renewing personal 
lines residential property coverage, commercial residential property coverage, or commercial 
nonresidential property coverage within the state.
36
 
III. Effect of Proposed Changes: 
Section 1 amends s. 626.913, F.S., to provide that the provisions of ch. 627, F.S. (Insurance 
Rates and Contracts), do not apply to surplus lines insurance. 
 
Section 2 amends s. 626.914, F.S., to remove the definition of “diligent effort.” 
 
Section 3 amends s. 626.916, F.S., to delete current law requiring that: 
 
30
 The term “admitted market” means insurance companies licensed to transact insurance in Florida. 
31
 Section 627.351(6)(a)1., F.S. 
32
 Ch. 2002-240 s. 2, Laws of Fla. 
33
 Section 627.351(6)(a)2., F.S. 
34
 Section 627.351(6)(c)4.a., F.S. 
35
 Section 627.351(6)(c)4., F.S. 
36
 Section 627.351(6)(c)13., F.S.  BILL: CS/SB 1184   	Page 7 
 
• The full amount of surplus lines insurance required is not procurable from among the insurers 
authorized to transact and actually writing that kind and class of insurance; 
• The amount of insurance exported shall be only the excess over the amount so procurable 
from authorized insurers; and 
• Surplus lines agents verify that a diligent effort has been made by requiring a properly 
documented statement of diligent effort from the retail or producing agent. 
 
The bill maintains the requirement that the policyholder acknowledge the following disclosure, 
but adds the additional underlined statement: 
You are agreeing to place coverage in the surplus lines market. Coverage may be 
available in the admitted market. Persons insured by surplus lines carriers are not 
protected under the Florida Insurance Guaranty Act with respect to any right of 
recovery for the obligation of an insolvent unlicensed insurer. Additionally, 
surplus lines insurers’ policy rates and forms are not approved by any Florida 
regulatory agency. 
 
The bill provides that if the acknowledgment of the disclosure is signed by the insured, the 
insured is presumed to have been informed and to know that other coverage may be available. 
The bill deletes rulemaking authority for the Financial Services Commission to declare eligible 
for export generally any class or classes of insurance coverage or risk for which it finds that there 
is no reasonable or adequate market among authorized insurers. 
 
Sections 6, 8, 10, and 12 create ss. 626.9261, 626.9262, 626.9263, and 626.9264, F.S., to 
duplicate in the surplus lines insurance law provisions that currently apply to surplus lines 
insurance but currently are in ch. 627, F.S. The provisions duplicated in the surplus lines law are 
those relating to: 
• Insurers’ issuance of a certificate of security after issuing the applicant a supplemental 
insurance policy that pays 100 percent of the deductible portion of insured construction or 
reconstruction after a hurricane loss [created in s. 626.9261, F.S.; currently in s. 
627.701(6)(d), F.S.]; 
• Insurers’ duty to acknowledge communications regarding residential property insurance 
claims and investigations [created in s. 626.9262, F.S.; currently in s. 627.70131, F.S.]; 
• Notice of a property insurance claim [created in s. 626.9263, F.S.; currently in s. 627.70132, 
F.S.]; and 
• Suits arising under a property insurance policy [created in s. 626.9264, F.S.; currently in s. 
627.70152, F.S.]. 
 
Sections 4, 5, 7, 9, and 11 amend ss. 627.4085, 627.701, 627.70131, 627.70132, and 627.70152, 
F.S., to remove language specifying the applicability and nonapplicability to surplus lines 
insurance of provisions relating to applications for insurance policies and annuity contracts; 
liability of insureds, coinsurance, and deductibles; insurers’ duty to acknowledge 
communications regarding claims and investigations; notice of property insurance claim; suits 
arising under a property insurance policy; and risk retention and purchasing group agents, 
respectively. 
  BILL: CS/SB 1184   	Page 8 
 
Section 13 creates s. 626.9265, F.S., to provide that a surplus lines policyholder may not assign, 
in whole or in part, any post-loss insurance benefit under any residential property insurance 
policy or under any commercial property insurance policy.  
 
Section 14 creates s. 626.9266, F.S., to provide requirements regarding the nonjoinder of 
insurers in suits arising under a surplus lines liability insurance policy. The bill applies to surplus 
lines liability insurance, the provisions of s. 627.4136, F.S., that apply to authorized liability 
insurers. 
 
Section 15 repeals s. 627.952(1)(b), F.S., which currently requires licensure and appointment as 
a surplus lines agent in order to, on behalf of a purchasing group or risk retention group to any 
resident of Florida, place business through Florida eligible surplus lines carriers.   
 
Section 16 amends s. 626.931, F.S., to remove the requirement that each surplus lines agent file 
quarterly with the FSLSO  an affidavit stating all the surplus lines insurance transacted by him or 
her during each calendar quarter has been submitted to the Office as required, including efforts 
made to place coverages with authorized insurers and the results thereof.  
 
Section 17 amends s. 626.932, F.S., to remove reference to the quarterly affidavit filed by each 
surplus lines agent with the FSLSO each quarter. 
 
Section 18 amends s. 627.351, F.S., related to the existing requirement that Citizens only appoint 
agents who also hold an appointment by at least three insurers who are authorized to write and 
are actually writing or renewing personal lines residential property coverage, commercial 
residential property coverage, or commercial nonresidential property coverage within the state. 
The bill provides that agents writing or renewing commercial residential property coverage or 
commercial nonresidential property coverage may satisfy the requirement for any one or more of 
the three direct appointments by providing to Citizens a signed attestation confirming that he or 
she has access through a broker to an authorized insurer or eligible surplus lines insurer 
authorized to write and actually writing or renewing commercial residential property coverage or 
commercial nonresidential property coverage. However, such signed attestations do not satisfy 
the requirements necessary to write personal lines residential property coverage for Citizens. 
 
Sections 19, 20, and 21 amend ss. 626.918, 626.9325, and 926.9541, F.S., to conform cross-
references necessitated due to changes made by the bill. 
 
Section 22 amends s. 626.935, F.S., to remove reference to the report and affidavit filed by each 
surplus lines agent with the FSLSO each quarter. 
 
Section 23 amends s. 627.715, F.S., to remove reference to an exemption to the diligent effort 
requirement on surplus lines agents. 
 
Section 24 provides that the bill takes effect July 1, 2025.  BILL: CS/SB 1184   	Page 9 
 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Insurance agents exporting policies to surplus lines insurers will not have to meet the 
diligent effort requirements, including the requirement that each surplus lines agent file 
quarterly with the FSLSO an affidavit stating all the surplus lines insurance transacted by 
him or her during each calendar quarter has been submitted to the Office as required, 
including efforts made to place coverages with authorized insurers and the results thereof. 
 
Surplus lines insurers, and those doing business with such insurers, will now have a 
single source of statutory law when researching relevant statutory provisions. 
C. Government Sector Impact: 
The bill is not expected to have a fiscal impact on state or local government. 
VI. Technical Deficiencies: 
None.  BILL: CS/SB 1184   	Page 10 
 
VII. Related Issues: 
Section 13 of the bill creates s. 626.9265, F.S., to provide that a surplus lines policyholder may 
not assign, in whole or in part, any post-loss insurance benefit under any residential property 
insurance policy or under any commercial property insurance policy. 
 
The current law relating to authorized insurers in s. 627.7152(13), F.S., has similar language 
prohibiting a policyholder from assigning, in whole or in part, any post-loss insurance benefit 
under any residential or commercial property insurance policy, but includes an additional 
provision that provides that the prohibition on such assignment does not apply to:  
• An assignment, transfer, or conveyance granted to a subsequent purchaser of the property 
with an insurable interest in the property following a loss; 
• A power of attorney under ch. 709, F.S., that grants to a management company, family 
member, guardian, or similarly situated person of an insured the authority to act on behalf of 
an insured as it relates to a property insurance claim; or 
• Liability coverage under a property insurance policy. 
 
Without this additional language included in Section 13 of the bill, the types of assignments 
allowed under current law for residential property insurance policyholders of authorized insurers 
will not be allowed for such policyholders of surplus lines insurers. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 626.913, 626.914, 
626.916, 627.4085, 627.701, 627.70131, 627.70132, 627.70152, 627.952, 626.931, 626.932, 
627.351, 626.918, 626.9325, 626.9541, 626.935, and 627.715.  
 
This bill creates the following sections of the Florida Statutes: 626.9261, 626.9262, 626.9263, 
626.9264, 626.9265, and 626.9266. 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Banking and Insurance on March 17, 2025: 
The committee substitute differs from the filed bill as follows: 
• Removes provisions that: 
o Repealed the requirement that the premium rate at which the surplus lines 
coverage is exported may not be lower than that rate applicable, if any, in actual 
and current use by a majority of the authorized insurers for the same coverage on 
a similar risk; 
o Repealed the requirement that the surplus lines policy or contract form under 
which the insurance is exported not be more favorable to the insured as to the 
coverage or rate than under similar contracts on file and in actual current use by 
the majority of authorized insurers actually writing similar coverages on similar 
risks.  BILL: CS/SB 1184   	Page 11 
 
• Adds additional language to the required disclosure an agent must give to an insured 
when exporting coverage to a surplus lines insurer. The added language states 
“[a]dditionally, surplus lines insurers’ policy rates and forms are not approved by any 
Florida regulatory agency.”  
• Adds language that was not included in the provisions of the bill that duplicate in the 
surplus lines insurance law provisions that currently apply to surplus lines insurance 
but are in ch. 627, F.S. Language was added to s. 626.9262(7)(b), F.S., expanding the 
definition of “claim”. Language was added to s. 626.9263(4), F.S., to include a 
separate time limit on claims for loss assessment coverage. 
• Clarifies that the added provision authorizing agents to satisfy the requirement for any 
one or more of the three direct appointments required to be appointed as an agent for 
Citizens Property Insurance Corporation by attesting that he or she has access through 
a broker to an insurer authorized to write commercial property coverage does not 
satisfy the requirements necessary to write personal lines residential property 
coverage for Citizens. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.