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SB 468 — Insurance
Last action — Died in returning Messages, companion bill(s) passed, see CS/CS/CS/HB 959 (Ch. 2022-138), SB 1058 (Ch. 2022-132)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Insurance; Redefining the term “covered policy” under the Florida Hurricane Catastrophe Fund in relation to certain collateral protection insurance policies; authorizing any association, trust, or pool created for the purpose of forming a risk management mechanism or providing self-insurance for a public entity to use communications media technology to establish a quorum and conduct public business; authorizing insurers to file certain insurance rating plans based on certain windstorm mitigation construction standards, if certain requirements are met, etc.
Bill Text
What changed in the latest version
795 added · 844 removed795 line(s) added, 844 removed.
Florida Senate - 2022 CS for CS for SB 468 By the CommitteesCommittee on Judiciary;Banking and Insurance;
and BankingSenator andPerry Insurance;597-01496-22 2022468c1 A bill to be entitled An act relating to insurance;
and Senators Perry and Broxson 590-01913-22 2022468c2 A bill to be entitled An act relating to insurance;
revising the annual audit requirement for construction classes to apply to new and renewal policies having estimated annual premiums over a specified threshold;
amending s.
624.423, F.S.;
specifying when service of process is valid and binding upon insurers;
authorizing any association, trust, or pool created for the purpose of forming a risk management mechanism or providing self-insurance for a public entity to use communications media technology to establish a quorum and conduct public business;business through communications media technology;
626.221, F.S.;
exempting certain applicants for licensure as an all-lines adjuster from a required examination;
amending s.
revising conditions for determining the Page 1 of 2725 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 conditions for determining the ineligibility of condominiums for wind-only coverage;
626.8734(1)(b),626.865(1)(e), F.S., relating to public adjuster’s qualifications, to incorporate Page 2 of 2725 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 to nonresident all-lines adjuster license qualifications, to incorporate the amendment made to s.
626.221, F.S., in a reference thereto;
reenacting s.
626.865(1)(e), F.S., relating to public adjuster’s qualifications, to incorporate the amendment made to s.
627.7153(1) and (2)(d), F.S., relating to policies restricting assignment of post-losspost- loss benefits under a property insurance policy, to incorporate the amendment made to s.
624.462, the Citizens Property Insurance Corporation, and any joint underwriting association or similar entity created under Pagelaw. 3 of 27 CODING:
The term “covered policy” includes any collateral protection insurance policy covering personal residences which protects both the borrower’s and the lender’s financial interests, in an amount at least equal to the coverage amount for the dwelling in place under the lapsed homeowner’s policy, Page 3 of 25 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 law.the coverage amount that the homeowner has been notified of by the collateral protection insurer, or the coverage amount the homeowner requests from the collateral protection insurer, if such collateral protection insurance policy can be accurately reported as required in subsection (5).
The term “covered policy” includes any collateral protection insurance policy covering personal residences which protects both the borrower’s and the lender’s financial interests, in an amount at least equal to the coverage amount for the dwelling in place under the lapsed homeowner’s policy, the coverage amount that the homeowner has been notified of by the collateral protection insurer, or the coverage amount the homeowner requests from the collateral protection insurer, if such collateral protection insurance policy can be accurately reported as required in subsection (5).
All commercial residential excess policies and all deductible buy-back policies Pagethat, 4based on sound actuarial principles, require individual ratemaking must shall be excluded by rule if the actuarial soundness of 27the CODING:fund is not jeopardized.
For this purpose, the term “excess policy” means a policy that provides insurance protection for large commercial property risks and that provides Page 4 of 25 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 that,a basedlayer onof soundcoverage actuarialabove principles,a requireprimary individuallayer ratemakinginsured must shall be excluded by ruleanother ifinsurer. the actuarial soundness of the fund is not jeopardized.
For this purpose, the term “excess policy” means a policy that provides insurance protection for large commercial property risks and that provides a layer of coverage above a primary layer insured by another insurer.
The annual audits required for Pageconstruction 5classes must shall consist of 27physical CODING:onsite audits for new and renewal policies only if the estimated annual premium is $10,000 or more.
Payroll verification audit rules must include, but need not be limited to, the use of state and federal reports of employee income, payroll and other accounting Page 5 of 25 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 constructionrecords, classescertificates must shall consist of physicalinsurance onsitemaintained auditsby forsubcontractors, policiesand onlyduties ifof theemployees. estimated annual premium is $10,000 or more.
Payroll verification audit rules must include, but need not be limited to, the use of state and federal reports of employee income, payroll and other accounting records, certificates of insurance maintained by subcontractors, and duties of employees.
SectionEffective 624.46227,upon this act becoming a law, subsection (3) of section 624.423, Florida Statutes, is createdamended to read:
624.46227624.423 MeetingServing requirements.—Anyprocess.— association,(3) trust,Service orof poolprocess authorizedis byvalid stateand lawbinding andupon createdthe forinsurer on the purposedate ofprocess formingserved aupon riskthe managementChief mechanismFinancial Officer is delivered to the insurer and sent or providingthe self-insurancedate foron publicwhich entitiesthe ininsurer thisis statenotified maythat usesuch communicationsinformation mediahas technologybeen tomade establishavailable on a quorumsecured andnetwork conductin publicaccordance business.with this section and s.
624.307(9) shall for all purposes constitute valid and binding service thereof upon the insurer.
ParagraphSection (j)624.46227, of subsection (2) of section 626.221, Florida Statutes, is amendedcreated to read:
626.221624.46227 ExaminationMeeting requirement;requirements.—Any association, trust, or pool authorized by state law and created for the purpose of forming a risk management mechanism or providing self-insurance for public entities in this state may establish a quorum and conduct public business through communications media technology.
exemptions.— (2) However, an examination is not necessary for any of the following:
(j) An applicant for license as an all-lines adjuster who has the designation of Accredited Claims Adjuster (ACA) from a regionally accredited postsecondary institution in this state, Associate in Claims (AIC) from the Insurance Institute of America, Professional Claims Adjuster (PCA) from the Professional Career Institute, Professional Property Insurance Adjuster (PPIA) from the HurriClaim Training Academy, Certified Page 6 of 27 CODING:
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 Adjuster (CA) from ALL LINES Training, Certified Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster Certified Professional (CACP) from WebCE, Inc., Accredited Insurance Claims Specialist (AICS) from Encore Claim Services, Certified All Lines Adjuster (CALA) from Kaplan, or Universal Claims Certification (UCC) from Claims and Litigation Management Alliance (CLM) whose curriculum has been approved by the department and which includes comprehensive analysis of basic property and casualty lines of insurance and testing at least equal to that of standard department testing for the all-lines adjuster license.
The department shall adopt rules establishing standards for the approval of curriculum.
626.856 “Company employee adjuster” defined.—A “company employee adjuster” means a person licensed as an all-lines adjuster who is appointed and employed on an insurer’s staff of adjusters, by an affiliate, or by a wholly owned subsidiary of thePage insurer,6 and who undertakes on behalf of such25 insurerCODING: or other insurers under common control or ownership to ascertain and determine the amount of any claim, loss, or damage payable under a contract of insurance, or undertakes to effect settlement of such claim, loss, or damage.
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 the insurer, and who undertakes on behalf of such insurer or other insurers under common control or ownership to ascertain and determine the amount of any claim, loss, or damage payable under a contract of insurance, or undertakes to effect settlement of such claim, loss, or damage.
Page1. 7 of 27 CODING:
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 1.
May use a modeling indication that is the weighted or straight average of two or more hurricane loss projection models found by the commission to be accurate or reliable pursuant to s.
rate filings.— (9) An insurer may file with the office a personal lines residential property insurance rating plan that provides justified premium discounts, credits, or other rate differentials based on windstorm mitigation construction standards developed by an independent, not-for-profit scientific research organization, if such standards meet the requirements Page 7 of this25 section.CODING:
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 of this section.
notification required.—Any insurer licensed to issue insurance in this the state who has an automatic bank withdrawal agreement with an insured party for the payment of insurance premiums for any type of insurance shall give the named insured at least 15 days advance written notice of any increase in policy premiums that results in the next automatic bank withdrawal being increased by Pagemore 8than of$10. 27 CODING:
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 more than $10.
The state therefore has a compelling public interest and a public purpose to assist in assuring that property in this the state is insured and that it is insured at affordable rates so as to facilitate the remediation, reconstruction,Page and8 replacement of damaged25 orCODING: destroyed property in order to reduce or avoid the negative effects otherwise resulting to the public health, safety, and welfare, to the economy of the state, and to the revenues of the state and local governments which are needed to provide for the public welfare.
It is necessary, therefore, to provide affordable property insurance to applicants who are in good faith entitled to procure insurance through the voluntary market but are unable to do so.
The Legislature intends, therefore, that affordable property insurance be provided and that it continue to be Page 9 of 27 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 provided,reconstruction, asand longreplacement asof necessary,damaged throughor Citizensdestroyed Propertyproperty Insurancein Corporation,order ato governmentreduce entityor thatavoid isthe annegative integraleffects partotherwise resulting to the public health, safety, and welfare, to the economy of the state, and thatto isthe notrevenues aof privatethe insurancestate company.and local governments which are needed to provide for the public welfare.
It is necessary, therefore, to provide affordable property insurance to applicants who are in good faith entitled to procure insurance through the voluntary market but are unable to do so.
The Legislature intends, therefore, that affordable property insurance be provided and that it continue to be provided, as long as necessary, through Citizens Property Insurance Corporation, a government entity that is an integral part of the state, and that is not a private insurance company.
The corporation shallPage provide9 insuranceof for25 residentialCODING: and commercial property, for applicants who are entitled, but, in good faith, are unable to procure insurance through the voluntary market.
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words underlined are additions.
Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 shall provide insurance for residential and commercial property, for applicants who are entitled, but, in good faith, are unable to procure insurance through the voluntary market.
For the purposes of this Pagesubsection, 10residential coverage includes both personal lines residential coverage, which consists of 27the CODING:type of coverage provided by homeowner, mobile home owner, dwelling, tenant, condominium unit owner, and similar policies;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 subsection, residential coverage includes both personal lines residential coverage, which consists of the type of coverage provided by homeowner, mobile home owner, dwelling, tenant, condominium unit owner, and similar policies;
If a policyholder is insured by the corporation before being determinedPage to10 be ineligible pursuant to this subparagraph and such policyholder files a lawsuit challenging the determination, the policyholder may remain insured by the corporation until the conclusion of the25 litigation.CODING:
b.
Effective January 1, 2015, a structure that has a dwelling replacement cost of $900,000 or more, or a single condominium unit that has a combined dwelling and contents replacement cost of $900,000 or more, is not eligible for coverage by the corporation.
Such dwellings insured by the corporation on December 31, 2014, may continue to be covered by Page 11 of 27 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 determined to be ineligible pursuant to this subparagraph and such policyholder files a lawsuit challenging the corporationdetermination, onlythe policyholder may remain insured by the corporation until the endconclusion of the policylitigation. term.
b.
Effective January 1, 2015, a structure that has a dwelling replacement cost of $900,000 or more, or a single condominium unit that has a combined dwelling and contents replacement cost of $900,000 or more, is not eligible for coverage by the corporation.
Such dwellings insured by the corporation on December 31, 2014, may continue to be covered by the corporation only until the end of the policy term.
In such counties a personal lines residentialPage structure11 that has a dwelling replacement cost of less25 thanCODING: $1 million, or a single condominium unit that has a combined dwelling and contents replacement cost of less than $1 million, is eligible for coverage by the corporation.
4.
It is the intent of the Legislature that policyholders, applicants, and agents of the corporation receive service and treatment of the highest possible level but never less than that generally provided in the voluntary market.
It is also intended that the corporation be held to service standards no less than those applied to insurers in the voluntary market by the office Page 12 of 27 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 withresidential respectstructure tothat responsiveness,has timeliness,a customerdwelling courtesy,replacement andcost overallof dealingsless withthan policyholders,$1 applicants,million, or agentsa single condominium unit that has a combined dwelling and contents replacement cost of less than $1 million, is eligible for coverage by the corporation.
4.
It is the intent of the Legislature that policyholders, applicants, and agents of the corporation receive service and treatment of the highest possible level but never less than that generally provided in the voluntary market.
It is also intended that the corporation be held to service standards no less than those applied to insurers in the voluntary market by the office with respect to responsiveness, timeliness, customer courtesy, and overall dealings with policyholders, applicants, or agents of the corporation.
161.54(6)(a), that is newly constructed, or rebuilt, repaired, restored, or remodeled to increase the total square footage of finished area by more than 25 percent, pursuant to a permit applied for after JulyPage 1,12 2015, is not eligible for coverage by the corporation if the structure is seaward of the25 coastalCODING: construction control line established pursuant to s.
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 July 1, 2015, is not eligible for coverage by the corporation if the structure is seaward of the coastal construction control line established pursuant to s.
With respect to wind-only coverage for commercial lines residential condominiums, effective July 1, 2014, a condominium may shall be deemed ineligible for coverage when if 50 percent or more of the units are rented more than eight times in a calendar year for a rental agreement period of less than 30 Pagedays. 13 of 27 CODING:
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words underlined are additions.
Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 days.
Electronic transmission of a policy for commercial risks, including, but not limited to, workers’ compensation and employers’ liability, commercial automobile liability, commercial automobile physical damage, commercial lines residential property, commercial nonresidential property, farmowners insurance, and the types of commercial lines risks setPage forth13 inof s.25 CODING:
627.062(3)(d), constitutes delivery to the insured or to the person entitled to delivery, unless the insured or the person entitled to delivery communicates to the insurer in writing or electronically that he or she does not agree to delivery by electronic means.
Electronic transmission shall include a notice to the insured or to the person entitled to delivery of a policy of his or her right to receive the policy via United States mail rather than via electronic transmission.
A paper copy of the policy shall be provided to the insured or to the person entitled to delivery at his or her Page 14 of 27 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 request.set forth in s.
627.062(3)(d), constitutes delivery to the insured or to the person entitled to delivery, unless the insured or the person entitled to delivery communicates to the insurer in writing or electronically that he or she does not agree to delivery by electronic means.
Electronic transmission shall include a notice to the insured or to the person entitled to delivery of a policy of his or her right to receive the policy via United States mail rather than via electronic transmission.
A paper copy of the policy shall be provided to the insured or to the person entitled to delivery at his or her request.
If the structure insured by the policy is subject to a mortgage or lien, the policyholder must provide the insurer with a written statement from the mortgageholder or lienholder indicatingPage that14 theof mortgageholder25 orCODING: lienholder approves the policyholder electing to have the specified deductible.
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words underlined are additions.
Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 indicating that the mortgageholder or lienholder approves the policyholder electing to have the specified deductible.
A signed statement meeting the requirements of Pagethis 15paragraph ofcreates 27a CODING:presumption that there was an informed, knowing election of coverage.
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words underlined are additions.
Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 this paragraph creates a presumption that there was an informed, knowing election of coverage.
“I do not want the insurancePage on15 myof (home/mobile25 home/condominiumCODING: unit) to pay for damage from windstorms.
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 insurance on my (home/mobile home/condominium unit) to pay for damage from windstorms.
...(Name of Pageentity’s)... 16 of 27 CODING:
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 entity’s)...
(b) “Assignment agreement” means any instrument by which post-loss benefits under a residential property insurance policy orPage commercial16 propertyof insurance25 policy,CODING: as that term is defined in s.
627.0625(1), are assigned or transferred, or acquired in any manner, in whole or in part, to or from a person providing services, including, but not limited to, services to inspect, protect, repair, restore, or replace property or to mitigate against further damage to the property.
The term does not include any instrument by which a licensed public adjuster as defined in s.
626.854(1) receives any compensation, payment, commission, fee, or other thing of value for providing services under such licensure.
Page 17 of 27 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 (9)(a)or Ancommercial assigneeproperty mustinsurance providepolicy, theas namedthat insured,term insurer,is anddefined thein assignor,s. if not the named insured, with a written notice of intent to initiate litigation before filing suit under the policy.
627.0625(1), are assigned or transferred, or acquired in any manner, in whole or in part, to or from a person providing services, including, but not limited to, scopes of service, to inspect, protect, repair, restore, or replace property or to mitigate against further damage to the property.
The term does not include any instrument by which a licensed public adjuster as defined in s.
626.854(1) receives any compensation, payment, commission, fee, or other thing of value for providing services under such licensure.
(9)(a) An assignee must provide the named insured, insurer, and the assignor, if not the named insured, with a written notice of intent to initiate litigation before filing suit under the policy.
and, in the case of work performed, proof that the work hasPage been17 performedof in25 accordanceCODING: with accepted industry standards.
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words underlined are additions.
Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 has been performed in accordance with accepted industry standards.
Page“THIS 18POLICY DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE OR ANY OTHER COVERAGE FOR WHICH A SPECIFIC PREMIUM CHARGE IS NOT MADE, AND DOES NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW.” (2) This notice legend must accompany appear on the policy declarations declaration page and on the filing back of 27the CODING:policy and be printed in a contrasting color from that used on the policy and in type size larger than the largest type used in the text at least as large as the type size used on the declarations page thereof, as an overprint or by a rubber stamp impression.
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 “THIS POLICY DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE OR ANY OTHER COVERAGE FOR WHICH A SPECIFIC PREMIUM CHARGE IS NOT MADE, AND DOES NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW.” (2) This notice legend must accompany appear on the policy declarations declaration page and on the filing back of the policy and be printed in a contrasting color from that used on the policy and in type size larger than the largest type used in the text at least as large as the type size used on the declarations page thereof, as an overprint or by a rubber stamp impression.
exemptions.—Salespersons for motor vehicle service agreement companies and insurers must shall be licensed, appointed, renewed, continued, reinstated, or terminated as prescribed in chapterPage 62618 forof insurance25 representativesCODING: in general.
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 chapter 626 for insurance representatives in general.
Each service agreement company or insurer shall, on forms prescribed by the department, within 30 days after termination of the Pageappointment, 19notify the department of 27such CODING:termination.
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 appointment, notify the department of such termination.
exemptions.—A No person may not solicit, negotiate, or effectuate home warranty contracts for remuneration in this state unless such person is licensedPage and19 appointedof as25 aCODING: sales representative.
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 licensed and appointed as a sales representative.
exemptions.—A No person or an entity may not shall solicit, negotiate, advertise, Pageor 20effectuate ofservice 27warranty CODING:contracts in this state unless such person or entity is licensed and appointed as a sales representative.
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words underlined are additions.
Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 or effectuate service warranty contracts in this state unless such person or entity is licensed and appointed as a sales representative.
624.424 Annual statement and other information.— (10) Each insurer or insurer group doing business in this state shall file on a quarterly basis in conjunction with financial reports required by paragraph (1)(a) a supplemental reportPage on20 anof individual25 andCODING: group basis on a form prescribed by the commission with information on personal lines and commercial lines residential property insurance policies in this state.
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 report on an individual and group basis on a form prescribed by the commission with information on personal lines and commercial lines residential property insurance policies in this state.
Page(a) 21Total number of 27policies CODING:in force at the end of each month.
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 (a) Total number of policies in force at the end of each month.
Effective July 1, 2002, policies of the Residential Property and Casualty Joint Underwriting Association become policiesPage 21 of the25 corporation.CODING:
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 policies of the corporation.
All Pageobligations, 22rights, assets, and liabilities of 27the CODING:association, including bonds, note and debt obligations, and the financing documents pertaining to them are transferred to and assumed by the corporation on July 1, 2002.
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words underlined are additions.
Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 obligations, rights, assets, and liabilities of the association, including bonds, note and debt obligations, and the financing documents pertaining to them are transferred to and assumed by the corporation on July 1, 2002.
The corporation shall execute assumptions and instruments as the trustees or other parties to the financing documents of the Florida Windstorm Underwriting Association or the Residential Property and Casualty Joint Underwriting Association may reasonably request to further evidence the transfers and assumptions, which transfers and assumptions, however, are effective on the date provided under this paragraph whether or not, and regardless of the date on which, the assumptionsPage or22 instrumentsof are25 executedCODING: by the corporation.
Subject to the relevant financing documents pertaining to their outstanding bonds, notes, indebtedness, or other financing obligations, the moneys, investments, receivables, choses in action, and other intangibles of the Florida Windstorm Underwriting Association shall be credited to the coastal account of the corporation, and those of the personal lines residential coverage account and the commercial lines residential coverage account of the Residential Property and Casualty Joint Underwriting Association shall be credited to the Page 23 of 27 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 personalassumptions linesor accountinstruments andare theexecuted commercialby lines account, respectively, of the corporation.
Subject to the relevant financing documents pertaining to their outstanding bonds, notes, indebtedness, or other financing obligations, the moneys, investments, receivables, choses in action, and other intangibles of the Florida Windstorm Underwriting Association shall be credited to the coastal account of the corporation, and those of the personal lines residential coverage account and the commercial lines residential coverage account of the Residential Property and Casualty Joint Underwriting Association shall be credited to the personal lines account and the commercial lines account, respectively, of the corporation.
Notwithstanding any other provision of law, the coverage providedPage by23 the fund to the Residential Property and Casualty Joint Underwriting Association based on its exposures as of June25 30,CODING: 2002, and each June 30 thereafter shall be transferred to the personal lines account and the commercial lines account of the corporation.
Notwithstanding any other provision of law, the coastal account shall be treated, for all Florida Hurricane Catastrophe Fund purposes, as if it were a separate participating insurer with its own exposures, reimbursement premium, and loss reimbursement.
Likewise, the personal lines and commercial lines accounts shall be viewed together, for all Page 24 of 27 CODING:
Florida Senate - 2022 CS for CS for SB 468 590-01913-22597-01496-22 2022468c22022468c1 fundprovided purposes,by asthe iffund to the twoResidential accountsProperty wereand oneCasualty Joint Underwriting Association based on its exposures as of June 30, 2002, and representeach aJune single,30 separatethereafter participatingshall insurerbe withtransferred itsto ownthe exposures,personal reimbursementlines premium,account and lossthe reimbursement.commercial lines account of the corporation.
Notwithstanding any other provision of law, the coastal account shall be treated, for all Florida Hurricane Catastrophe Fund purposes, as if it were a separate participating insurer with its own exposures, reimbursement premium, and loss reimbursement.
Likewise, the personal lines and commercial lines accounts shall be viewed together, for all fund purposes, as if the two accounts were one and represent a single, separate participating insurer with its own exposures, reimbursement premium, and loss reimbursement.
For the purpose of incorporating the amendment made by this act to section 626.221, Florida Statutes, in a reference thereto, paragraph (b) of subsection (1) of section 626.8734, Florida Statutes, is reenacted to read:
626.8734 Nonresident all-lines adjuster license qualifications.— (1) The department shall issue a license to an applicant for a nonresident all-lines adjuster license upon determining that the applicant has paid the applicable license fees required under s.
624.501 and:
(b) Has passed to the satisfaction of the department a written Florida all-lines adjuster examination of the scope prescribed in s.
626.241(6);
however, the requirement for the examination does not apply to:
1.
An applicant who is licensed as an all-lines adjuster in his or her home state if that state has entered into a reciprocal agreement with the department;
2.
An applicant who is licensed as a nonresident all-lines adjuster in a state other than his or her home state and a reciprocal agreement with the appropriate official of the state of licensure has been entered into with the department;
or 3.
An applicant who holds a certification set forth in s.
Page 25 of 27 CODING:
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 626.221(2)(j).
Section 21.
626.8561,Page as24 anof independent25 adjusterCODING: under s.
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Florida Senate - 2022 CS for SB 468 597-01496-22 2022468c1 626.8561, as an independent adjuster under s.
Section 22.21.
PageTHIS 26POLICY ofDOES 27NOT CODING:ALLOW THE UNRESTRICTED ASSIGNMENT OF POST-LOSS INSURANCE BENEFITS.
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Florida Senate - 2022 CS for CS for SB 468 590-01913-22 2022468c2 THIS POLICY DOES NOT ALLOW THE UNRESTRICTED ASSIGNMENT OF POST-LOSS INSURANCE BENEFITS.
Section 23.22.
Page 2725 of 2725 CODING:
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Action History
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Died in returning Messages, companion bill(s) passed, see CS/CS/CS/HB 959 (Ch. 2022-138), SB 1058 (Ch. 2022-132)
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Indefinitely postponed and withdrawn from consideration
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In returning messages
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CS passed as amended; YEAS 94, NAYS 23
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Read 3rd time
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Added to Third Reading Calendar
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Placed on 3rd reading
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Amendment 224215 adopted
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Amendment 221655 Failed
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Read 2nd time
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1st Reading (Engrossed 1)
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Bill added to Special Order Calendar (3/8/2022)
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Bill referred to House Calendar
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In Messages
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Immediately certified
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CS passed as amended; YEAS 37 NAYS 0
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Read 3rd time
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Amendment(s) adopted (167810)
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Read 2nd time
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Placed on Special Order Calendar, 02/03/22
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Placed on Calendar, on 2nd reading
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Favorable by- Appropriations; YEAS 18 NAYS 0
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On Committee agenda-- Appropriations, 01/27/22, 11:30 am, 412 Knott Building
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Now in Appropriations
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CS by Banking and Insurance read 1st time
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CS/CS by Judiciary read 1st time
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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Introduced
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CS/CS by Judiciary; YEAS 10 NAYS 0
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On Committee agenda-- Judiciary, 01/10/22, 4:00 pm, 412 Knott Building
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Now in Judiciary
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Banking and Insurance; YEAS 9 NAYS 0
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On Committee agenda-- Banking and Insurance, 12/01/21, 8:30 am, 412 Knott Building
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Referred to Banking and Insurance; Judiciary; Appropriations
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Filed
Sponsors
- Judiciary · Primary
- Banking and Insurance · Primary
- Perry · Primary
- Broxson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 1 co-sponsors · 160 not signed on · 55 voted No
Sponsors (3)
- Judiciary
- Banking and Insurance
- Perry
Co-sponsors (1)
- Broxson
Not signed on (160)
160 members have not signed on to this bill.
Show all 160 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 41 | 11 | 0 | 0 |
| Republican | 44 | 1 | 0 | 1 |
| Democrat | 9 | 11 | 0 | 1 |
| Total | 94 | 23 | 0 | 2 |
| % of votes cast | 79% | 19% | 0% | 2% |
How each member voted (119)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Nay |
| Aloupis | — | Yea |
| Geller | — | Nay |
| Altman | — | Yea |
| Goff-Marcil | — | Nay |
| Renner | — | Yea |
| Grant | — | Yea |
| Roach | — | Yea |
| Bell | — | Yea |
| Grieco | — | Yea |
| Beltran | — | Yea |
| Hage | — | Yea |
| Benjamin | — | Yea |
| Harding | — | Yea |
| Rommel | — | Yea |
| Roth | — | Yea |
| Hawkins | — | Yea |
| Sabatini | — | Yea |
| Brown | — | Yea |
| Ingoglia | — | Yea |
| Casello | — | Yea |
| Learned | — | Yea |
| Sprowls | — | Yea |
| Stevenson | — | Yea |
| Clemons | — | Yea |
| Mariano | — | Yea |
| Toledo | — | Yea |
| Tomkow | — | Yea |
| Diamond | — | Nay |
| Drake | — | Yea |
| McCurdy | — | Nay |
| Duran | — | Yea |
| Willhite | — | Yea |
| Morales | — | Nay |
| Williams | — | Yea |
| Williamson | — | Yea |
| Fernandez-Barquin | — | Yea |
| Omphroy | — | Yea |
| Fetterhoff | — | Yea |
| Fine | — | Yea |
| Silvers | — | Nay |
| Jenne | — | Nay |
| Bush | — | Nay |
| Killebrew | — | Yea |
| Slosberg-King | — | Nay |
| Byrd | — | Yea |
| Caruso | — | Yea |
| Latvala | — | Yea |
| Payne | — | Yea |
| Zika | — | Yea |
| Fischer | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Nay |
| Arrington, Kristen Aston | Democrat | Yea |
| Bartleman, Robin | Democrat | Not Voting |
| Campbell, Daryl | Democrat | Nay |
| Chambliss, Kevin D. | Democrat | Nay |
| Daley, Dan | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Nay |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Hart-Lowman, Dianne "Ms Dee" | Democrat | Yea |
| Hinson, Yvonne Hayes | Democrat | Nay |
| Hunschofsky, Christine | Democrat | Yea |
| Joseph, Dotie | Democrat | Nay |
| Nixon, Angela "Angie" | Democrat | Nay |
| Rayner, Michele K. | Democrat | Nay |
| Robinson, Felicia Simone | Democrat | Nay |
| Skidmore, Kelly | Democrat | Nay |
| Smith, Carlos Guillermo | Democrat | Nay |
| Tant, Allison | Democrat | Yea |
| Woodson, Marie Paule | Democrat | Nay |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Barnaby, Webster | Republican | Not Voting |
| Borrero, David | Republican | Yea |
| Botana, Adam | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Busatta, Demi | Republican | Yea |
| Chaney, Linda | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Fabricio, Tom | Republican | Yea |
| Garrison, Sam | Republican | Yea |
| Giallombardo, Mike | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Koster, Traci | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Maney, Patt | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| McFarland, Fiona | Republican | Yea |
| Melo, Lauren | Republican | Yea |
| Mooney Jr., James Vernon "Jim" | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Persons-Mulicka, Jenna | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Rizo, Alex | Republican | Yea |
| Robinson Jr., William Cloud "Will" | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Snyder, John | Republican | Yea |
| Trabulsy, Dana | Republican | Yea |
| Truenow, Keith L. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Tuck, Kaylee | Republican | Yea |
| Vacant | Republican | Yea |
| Valdés, Susan L. | Republican | Nay |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 29 | 0 | 3 |
| Republican | 2 | 41 | 0 | 3 |
| Democrat | 20 | 1 | 0 | 0 |
| Total | 42 | 71 | 0 | 6 |
| % of votes cast | 35% | 60% | 0% | 5% |
How each member voted (119)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Yea |
| Aloupis | — | Nay |
| Geller | — | Yea |
| Altman | — | Nay |
| Brown | — | Yea |
| Ingoglia | — | Nay |
| Silvers | — | Yea |
| Jenne | — | Yea |
| Bush | — | Yea |
| Killebrew | — | Nay |
| Slosberg-King | — | Yea |
| Byrd | — | Nay |
| Caruso | — | Nay |
| Latvala | — | Nay |
| Casello | — | Yea |
| Learned | — | Yea |
| Sprowls | — | Nay |
| Stevenson | — | Nay |
| Clemons | — | Nay |
| Mariano | — | Nay |
| Toledo | — | Nay |
| Tomkow | — | Nay |
| Diamond | — | Yea |
| Goff-Marcil | — | Yea |
| Renner | — | Nay |
| Grant | — | Nay |
| Roach | — | Nay |
| Bell | — | Nay |
| Grieco | — | Yea |
| Beltran | — | Nay |
| Benjamin | — | Yea |
| Harding | — | Nay |
| Rommel | — | Nay |
| Roth | — | Nay |
| Hawkins | — | Nay |
| Drake | — | Nay |
| McCurdy | — | Yea |
| Duran | — | Yea |
| Willhite | — | Yea |
| Morales | — | Yea |
| Williams | — | Yea |
| Williamson | — | Nay |
| Fernandez-Barquin | — | Nay |
| Omphroy | — | Yea |
| Fetterhoff | — | Nay |
| Fine | — | Nay |
| Payne | — | Nay |
| Zika | — | Nay |
| Hage | — | Not Voting |
| Sabatini | — | Not Voting |
| Fischer | — | Not Voting |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Arrington, Kristen Aston | Democrat | Yea |
| Bartleman, Robin | Democrat | Yea |
| Campbell, Daryl | Democrat | Yea |
| Chambliss, Kevin D. | Democrat | Yea |
| Daley, Dan | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Nay |
| Hart-Lowman, Dianne "Ms Dee" | Democrat | Yea |
| Hinson, Yvonne Hayes | Democrat | Yea |
| Hunschofsky, Christine | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Nixon, Angela "Angie" | Democrat | Yea |
| Rayner, Michele K. | Democrat | Yea |
| Robinson, Felicia Simone | Democrat | Yea |
| Skidmore, Kelly | Democrat | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Tant, Allison | Democrat | Yea |
| Woodson, Marie Paule | Democrat | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Nay |
| Barnaby, Webster | Republican | Not Voting |
| Borrero, David | Republican | Nay |
| Botana, Adam | Republican | Nay |
| Brannan III, Robert Charles "Chuck" | Republican | Nay |
| Buchanan, James | Republican | Nay |
| Burton, Colleen | Republican | Nay |
| Busatta, Demi | Republican | Nay |
| Chaney, Linda | Republican | Nay |
| DiCeglie, Nick | Republican | Nay |
| Duggan, Wyman | Republican | Nay |
| Fabricio, Tom | Republican | Nay |
| Garrison, Sam | Republican | Nay |
| Giallombardo, Mike | Republican | Nay |
| Grall, Erin | Republican | Nay |
| Koster, Traci | Republican | Nay |
| LaMarca, Chip | Republican | Nay |
| Leek, Thomas J. "Tom" | Republican | Nay |
| Maggard, Randall Scott "Randy" | Republican | Nay |
| Maney, Patt | Republican | Nay |
| Massullo, Ralph E., Jr. | Republican | Nay |
| McClain, Stan | Republican | Nay |
| McClure, Lawrence | Republican | Nay |
| McFarland, Fiona | Republican | Nay |
| Melo, Lauren | Republican | Nay |
| Mooney Jr., James Vernon "Jim" | Republican | Nay |
| Overdorf, Tobin Rogers "Toby" | Republican | Nay |
| Perez, Daniel | Republican | Nay |
| Persons-Mulicka, Jenna | Republican | Nay |
| Plakon, Rachel Saunders | Republican | Nay |
| Plasencia, Susan | Republican | Not Voting |
| Rizo, Alex | Republican | Nay |
| Robinson Jr., William Cloud "Will" | Republican | Nay |
| Rodriguez, Ana Maria | Republican | Nay |
| Salzman, Michelle | Republican | Nay |
| Shoaf, Jason | Republican | Nay |
| Sirois, Tyler I. | Republican | Nay |
| Smith, David | Republican | Nay |
| Snyder, John | Republican | Nay |
| Trabulsy, Dana | Republican | Yea |
| Truenow, Keith L. | Republican | Nay |
| Trumbull, Jay | Republican | Not Voting |
| Tuck, Kaylee | Republican | Nay |
| Vacant | Republican | Nay |
| Valdés, Susan L. | Republican | Yea |
| Yarborough, Clay | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 13 | 0 | 0 | 0 |
| Unaffiliated | 19 | 0 | 0 | 2 |
| Democrat | 4 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 37 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Diaz | — | Yea |
| Ausley | — | Yea |
| Farmer | — | Yea |
| Powell | — | Yea |
| Baxley | — | Yea |
| Gainer | — | Not Voting |
| Rodrigues | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Book | — | Yea |
| Stargel | — | Yea |
| Stewart | — | Yea |
| Bracy | — | Not Voting |
| Taddeo | — | Yea |
| Hutson | — | Yea |
| Torres | — | Yea |
| Brandes | — | Yea |
| Simpson | — | Yea |
| Broxson | — | Yea |
| Perry | — | Yea |
| Cruz | — | Yea |
| Berman, Lori | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 0 | 0 | 1 |
| Unaffiliated | 13 | 0 | 0 | 1 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 18 | 0 | 0 | 2 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Book | — | Yea |
| Bracy | — | Yea |
| Brandes | — | Yea |
| Broxson | — | Yea |
| Diaz | — | Yea |
| Gibson | — | Yea |
| Hutson | — | Yea |
| Perry | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Bean | — | Yea |
| Stargel | — | Yea |
| Gainer | — | Not Voting |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Hooper, Ed | Republican | Not Voting |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Broxson | — | Yea |
| Rodrigues | — | Yea |
| Gibson | — | Yea |
| Thurston | — | Not Voting |
| Polsky, Tina Scott | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 3 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 3 |
| % of votes cast | 75% | 0% | 0% | 25% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Rodrigues | — | Yea |
| Stewart | — | Yea |
| Thurston | — | Yea |
| Broxson | — | Yea |
| Brandes | — | Not Voting |
| Stargel | — | Not Voting |
| Taddeo | — | Not Voting |
| Rouson, Darryl Ervin | Democrat | Yea |
| Boyd, Jim | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 468 do?
- Insurance; Redefining the term “covered policy” under the Florida Hurricane Catastrophe Fund in relation to certain collateral protection insurance policies; authorizing any association, trust, or pool created for the purpose of forming a risk management mechanism or providing self-insurance for a public entity to use communications media technology to establish a quorum and conduct public business; authorizing insurers to file certain insurance rating plans based on certain windstorm mitigation construction standards, if certain requirements are met, etc.
- Who sponsors SB 468?
- SB 468 is sponsored by Judiciary, Banking and Insurance, Perry, and Broxson.
- What is the current status of SB 468?
- This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 468?
- Track SB 468 free on One Click Politics — get push/email alerts when it moves.
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