Bill Watch

Recap of Week 4 & Preview of Week 5 of Session

We are at the midway point now of the Florida Legislature’s nine-week session!  I have had lots of you call and write to ask how you can help.  That means so much and one of our readers volunteered to cover a committee meeting with me so I wouldn’t miss a thing.  We are all a team and I am grateful for the support. 

I just have to share a bill that might interest many of you concerning Brazilian Butt Lifts.  A House bill (HB 1561) aims to close loopholes in the regulation of gluteal fat grafting, also known as Brazilian butt lifts (BBLs).  It’s sponsored by Rep. Demi Busatta Cabrera (R-Coral Gables) and clarifies that physicians must register with the state if removing 1,000 cubic centimeters of supernatant fat and strengthens regulations for liposuction and gluteal fat grafting procedures.  It empowers the Department of Health to refer high-risk office surgery centers to the Agency for Health Care Administration.

In other news, two lawmakers are reintroducing legislation aimed at changing the state law that maintains the secrecy of grand jury proceedings.  They seek to obtain the release of grand jury testimony from 2006 regarding allegations that Jeffrey Epstein lured teenage girls to his Palm Beach mansion and sexually abused them.  The legislation (HB 117, SB 234) has progressed smoothly in both chambers.  

And HB 87, sponsored by Rep. Jason Shoaf (R-Port St. Joe), would allow shooting bears that threaten people, pets, or homes without a hunting permit.  Residents must report incidents to the Florida Fish and Wildlife Conservation Commission (FWC).  The bill aims to manage the growing bear population in North Florida, where numerous sightings in residential areas have been reported.  Black bears have been protected in Florida since 1994, with an estimated population of 4,000 in 2017.  The proposal was amended to clarify the definition of a “threat” and mandates disposal of the bear by the FWC, prohibiting possession or sale of its remains.  Critics argue for trash management and education to prevent bear encounters, citing environmental concerns and the risk of stray bullets in communities.

So when you ask me what on earth the legislature is doing, look no further than these types of bills!

On the more serious front, I watched the testimony about HB 515 that is aimed at protecting seniors who are the victims of financial scams. The bill would allow banks to delay transactions for several days to report suspicious/attempted transactions to authorities.  The bill had a provision that would shield the banks from getting sued if the bank perhaps erred in their judgment about the situation.  During the committee meeting, the bill sponsor offered an amendment to remove this provision to protect banks from predatory suits.  I will let you ponder why that occurred and I have called my banking colleagues to offer my assistance in restoring this important provision.

There was movement this past week on some important insurance bills, with others to see action this week.  A reporter asked me last week if I saw any legislation that would benefit insurance consumers.  I answered that there is a direct correlation between the legislature facilitating public policies supporting the fundamentals of insurance and insurance consumers deriving benefit from those laws.  Unfortunately, I don’t see any bills that provide that correlation.

We have separated Bill Watch for the remainder of our weekly session newsletters into two categories – “Bills in Play” and “Bills Not in Play”.  For those of you who were following closely and have a favorite that has been placed in the latter, don’t forget: It has been my experience that most good ideas take 3 years to pass!”

Here is the list of legislative bills we’re following.  You can click the bill link in the list below to go directly to the bill and its details further below.  “Updated” bills are so noted.  Updates within each bill are noted in blue font:

Florida Hurricane Catastrophe Fund and Reinsurance Assistance Updated
Policy Cancellations and Nonrenewals by Property Insurers Updated
Personal Lines Residential Property Insurance
Department of Financial Services
Access by Insureds to Claim-related Documents
Insurance Updated
Financial Strength of Property Insurers
Litigation Financing Updated
Condominium Windstorm Pilot Program
Hurricane Protections for Homeowners’ Associations Updated
My Safe Florida Condominium Pilot Program
My Safe Florida Home Program Updated
Citizens Property Insurance Corporation
Citizens Property Insurance Corp. Updated
Coverage by Citizens Property Insurance Corp. Updated
Windstorm Coverage by Citizens Property Insurance Corporation Updated
Other filed property insurance bills
Motor Vehicle Insurance
Insurance Claims
Flood Damage Prevention Updated
Flood Disclosure in the Sale of Real Property
Consumer Protection Updated

Property Insurance – Regulation & Claims:

Policy Cancellations and Nonrenewals by Property Insurers  ̶  SB 1104 and the similar HB 1149 by Senator Jennifer Bradley (R-Fleming Island) and Rep. Adam Botana (R-Bonita Springs) would put new restrictions on insurance companies cancelling or nonrenewing policies, with a focus on flood damage – regardless of whether an insurance policy provides coverage for the damage or not.  Last week I shared my frustration with these bills, citing that if there are insurers who need to cancel risks post storm, there must be a reason and the regulators will find out at the time.  I went on to opine that it is bad public policy to mandate in statute that an insurer can’t nonrenew policies when some might need to take such drastic steps post storm to keep their doors open.  The Senate bill will be heard today (February 5) at 2:30pm in Senate Judiciary Committee and the companion House Bill 1149 will be heard tomorrow (February 6) at 8 am in the House Insurance and Banking.

Specifically the bill:

• Prohibits admitted and surplus lines insurance companies from cancelling or nonrenewing commercial policies (including commercial residential, such as condominium complexes) until 90 days after the property has been repaired from a wind loss or hurricane, including flood damage, if the property was covered by any flood insurance policy. If the property wasn’t covered for flood, the company must wait until the property is repaired or one year after the loss (or one year after a final claim payment) – whichever is earlier.
• If a company chooses to cancel or nonrenew one of the above policies, it must provide at least 90 days’ notice of its intent to do so, which can coincide with the above 90 day requirement.
• If a policy is extended or renewed, it must contain the same policy terms as the original policy.
• The only exceptions to the above: if the insurance company has paid policy limits for a personal residential policy loss, or policy limits for a loss to each insured structure under a commercial residential policy; for nonpayment of premium; material misstatement or fraud related to the claim; or if the carrier determines that the policyholder unreasonably caused a delay in the repairs.  (Return to Top of List)

Department of Financial Services  ̶  HB 989 by Rep. Chip LaMarca (R-Lighthouse Point) and SB 1098 by Senator Nick DiCeglie (R-St. Petersburg) are the annual omnibus bills that touch on the many regulations and responsibilities of the Florida Department of Financial Services (DFS), including insurance.  Here’s what we’re watching:

• Section 11: Requires insurance companies to designate a contact person for escalated consumer complaints.
• Section 16: Requires adjusters to identify the type of adjuster appointment held in any written document or advertising; and prohibits an adjuster who has lost their state license from participating in any part of the claims process.
• Section 19: Requires insurance companies to put the notice of change in policy terms in a one-page summary with any policy renewal sent to the consumer.

HB 989 is scheduled to be heard tomorrow (February 6) at 11:30am in the State Administration & Technology Appropriations Committee.  The Senate bill is not on an agenda this week.  The bills are “noncontroversial” for most stakeholders and look to pass through their chambers without any obstacles.  (Return to Top of List)

Insurance  ̶  SB 1622 by Senator Jay Trumbull (R-Panama City) increases regulation of reciprocal insurance exchanges, which are a form of insurance organization in which individuals and businesses exchange insurance contracts and spread the risks associated with those contracts among themselves.  The House companion, HB 1611 by Rep. Cyndi Stevenson (R-St. Johns) passed its first committee stop  Both bills, in addition to reciprocal insurer regulation changes, clarify that surplus lines insurers are subject to the same laws as admitted companies regarding unrepaired damage and the parameters around nonrenewals post storm, and still requires monthly versus quarterly QUASR reporting to OIR.  To make it easy for you, please see the Senate bill analysis as it passed out of last week’s committee which makes it now identical to HB 1611.  (Return to Top of List) 

Litigation Financing  ̶  SB 1276 by Senator Jay Collins (R-Tampa) and the identical HB 1179 by Reps. Tommy Gregory (R-Lakewood Ranch) and Toby Overdorf (R-Palm City will receive their second hearings this week.  The House bill will be heard today (February 5) at 2:30pm before the House Justice Appropriations Subcommittee.  The Senate bill will be heard Wednesday (February 7) at 3:30pm before the Fiscal Policy Committee, it’s last stop before heading to the full Senate.  Some Republican lawmakers have joined with their Democratic colleagues in expressing reservations on limiting or regulating such litigation.  If you have not watched Senator Collins debate and present a bill, you are missing the style and candid of a great American. The bills received wide press coverage recently, including the Sun-Sentinel’s Who’s funding your lawsuit? Florida bills would require disclosure.

These bills pick up where past efforts in recent sessions made no progress in regulating third-party funding of lawsuits against businesses, including insurance companies.  To be called the  “Litigation Investment Safeguards and Transparency Act” the bill requires a court’s consideration of potential conflicts of interest which may arise from the existence of a litigation financing agreement in specified circumstances; prohibits specified acts by litigation financiers; requires certain disclosures related to litigation financing agreements and the involvement of foreign persons, foreign principals, or sovereign wealth funds; and requires the indemnification of specified fees, costs, and sanctions by a litigation financier in specified circumstances, among other provisions.  (Return to Top of List)

Property Insurance – Condominium & Homeowners Associations:

Hurricane Protections for Homeowners’ Associations  ̶  SB 600 by Rep. Tyler Sirois (R-Merritt Island) and the identical HB 293 by Senator Blaise Ingoglia (R-Spring Hill) requires a homeowners association committee or board to adopt hurricane protection specifications that conform to applicable building codes.  It also prohibits the committee or board from denying an application to install or enhance certain hurricane protections and contains provisions for adhering to guidelines on the external appearance of buildings.  SB 600 is scheduled to have its second hearing tomorrow (February 6) at 3 pm in Senate Community Affairs Committee.  HB 293 is awaiting its third and last hearing in the House Commerce Committee.  (Return to Top of List)

My Safe Florida Home Program (MSFH)  ̶  On January 11, SB 7028 was released and for all intents and purposes replaced SB 1208 by Senator Jonathan Martin (R-Fort Myers).  The bill is scheduled to be heard on the Senate floor on Wednesday (February 7).  The bill analysis lists the changes to the MSFH program, the most notable of which is that the grant award criteria will give preference to Floridians over 60 and low income.  HB 1263 by Rep. Chip LaMarca (R-Lighthouse Point) is similar to SB 7028 and passed unanimously last week in the Insurance & Banking subcommittee.  These bills revise provisions in this popular program that offers free home inspections and grants of up to $10,000 on a $2 to $1 match to incentivize homeowners to harden their homes from future hurricanes.  The legislature re-established the program in 2023 but by mid-summer the number of applications exceeded the $100 million program funding.  The legislature in special session in November 2023 pumped another $176 million into the program, and this bill funds another $100 million in the upcoming fiscal year July 1.  (Return to Top of List)

Property Insurance – Citizens Property Insurance Corporation:

Citizens Property Insurance Corporation  ̶  SB 1716 by Senate Banking and Insurance Committee Chairman Jim Boyd (R-Bradenton) passed the Senate Banking and Insurance Committee last week and in a sign this bill is on the fast track, its additional committee references were removed and its awaiting its last committee stop.  HB 1503 by Rep. Tiffany Esposito (R-Ft. Myers) which is similar to SB 1716 made its first move last week and appears to be emerging as the House companion.  You can read the latest bill analysis.  The bills authorize surplus lines companies to do takeouts of Citizens’ non-homesteaded residential properties, such as second homes. It also makes needed reference changes reflecting that combining Citizens’ three accounts into one will make it much less likely that Citizens policyholders will face a future surcharge and even more unlikely that non-Citizen policyholders will face an emergency assessment from a future catastrophe.  One key difference between the bills: SB 1716 was amended to restore the statute’s consumer choice provisions (which allow an agent to retain a policy when taken out of Citizens) to the section allowing surplus lines carriers to takeout second homes from Citizens.  HB 1503 does not have the consumer protection provision but most likely will have that change in its next (and final) awaited committee stop.  (Return to Top of List)

Consumer Protections:

Consumer Protection  ̶  SB 1066 by Senator Colleen Burton (R-Lakeland) and the identical HB 939 by Rep. Griff Griffitts, Jr. (R-Panama City Beach) is a multi-part bill.  Both bills were early this session and passed out of their first respective committees and SB 1066 is scheduled to be heard today (February 5) at 2:30pm in the Senate Judiciary Committee.  HB 939 awaits its second committee hearing.   The difference between the bills is the time limit to file condominium unit owner loss assessment claims.  The House bill provides the filing deadline to be triggered by when the condo board votes to enact the assessment.  The Senate bill provides that a claim must be given to the insurer within 90 days after the date on which the condominium association board votes to levy the assessment if the board votes within 33 months after the date of the loss that created the need for the assessment.  Both bills include requiring contractors put in big letters on their contracts that a homeowner has 10 days to rescind repair/replacement of their roof after a hurricane; and (on lines 440-444) puts public adjusters on the hook now for condominium associations and apartment complexes for various solicitation and contractual requirements that previously just applied to single-family homes and condo units.  (Return to Top of List)

Property Insurance – Reinsurance:

Florida Hurricane Catastrophe Fund and Reinsurance Assistance  ̶  HB 1293 by Rep. Hillary Cassel (D-Dania Beach).  While this bill is not moving, property insurance rates are still the number one issue on Floridian’s minds as weighting down their pocketbooks.  We are hopeful that the behind-the-scenes discussions about reducing the cost of reinsurance and using our state’s reinsurance fund (The Florida Hurricane Catastrophe Fund) is in the cards.  Most insurers are able to buy their reinsurance and all indicators are that reinsurance prices will not be meteoric as in the past two years.  What would be nice is to see if we could help consumers with a reduction in reinsurance costs that would translate to some savings in their ultimate premium.  Stay tuned!  The bill eliminates the rapid cash buildup factor for one year; resets the attachment point at the 2023 contract year figure of $8.5 billion; reauthorizes the RAP and FORA programs; requires the Cat Fund to pay actual loss adjustment expense; allows insurance companies an option to purchase 100% coverage; requires the Cat Fund rates to be based on an average of all seven approved catastrophe models; requires cat fund rates to be filed with the Florida Office of Insurance Regulation (OIR); and clarifies the statute that the Cat Fund’s claims-paying capacity limit is $17 billion.  An identical bill has been filed in the Senate (SB 1668) by Senator Nick DiCeglie (R-St. Petersburg) but like HB 1293, has not received a hearing.  (Return to Top of List)

Property Insurance – Regulation & Claims:

Personal Lines Residential Property Insurance  ̶  HB 809 and the identical SB 1070 by Rep. Alina Garcia (R-Miami) and Senator Ileana Garcia (R-Miami) requires insurance companies before writing a traditional personal lines residential property insurance policy to offer instead a policy that covers losses equal to only the unpaid principal balance of all mortgage loans on the property.  It requires a signed statement by the purchaser acknowledging “the significant financial losses” they may incur for damage that exceeds such coverage.  The bill also prohibits insurance companies from requiring a coverage limit that includes the value of the land upon which the dwelling sits.  As neither bill has received its first hearing, these bills are most likely dead.  (Return to Top of List)

Access by Insureds to Claim-related Documents  ̶  SB 1726 and the identical HB 1287 by Senator Jonathan Martin (R-Fort Myers) and Rep. Hillary Cassel (D-Dania Beach) defines the term “claim-related documents” and requires insurance companies notify policyholders and certain parties that they may obtain copies of all claim-related documents upon request.  It also requires companies provide to policyholders, their agents and attorneys, copies of all claim-related documents within a specified timeframe after receiving requests, among other provisions.  As neither bill has received its first hearing these bills are most likely dead.  (Return to Top of List)

Financial Strength of Property Insurers  ̶  SB 1724 and the similar HB 1661 by Senator Erin Grall (R-Fort Pierce) and Rep. Spencer Roach (R-North Fort Myers) sets up an independent rating agency for Florida’s domestic property insurance companies.  It defines a financial strength rating and an independent rating agency, among other qualifications.  Neither bill has been scheduled to receive a hearing.  (Return to Top of List)

Property Insurance – Condominium & Homeowners Associations:

Condominium Windstorm Pilot Program  ̶  HB 655 by Rep. Hillary Cassel (D-Dania Beach) and the identical SB 802 by Senator Ana Maria Rodriguez (R-Miami-Dade) attempts to provide help for condominium complexes seeking basic wind-only coverage.  The bill would require the Office of Insurance Regulation (OIR) to create a pilot program for commercial residential coverage with Citizens Property Insurance for actual cash value (ACV) coverage rather than replacement cost value.  A condominium association would have to receive a majority vote of its members in order to participate in the pilot program.  The Citizens policy would be required to ensure the ACV of the residential condominium association’s roof aligns with the reserves required under HB 5-D and passed under HB 4-D in the May 2022 special session.  The condo complex would also be required to have biannual roof inspections and submit those along with the most recent structural integrity reserve study to Citizens.  The program would begin July 1, 2024 and sunset five years later.  If passed, it is expected to increase the Citizens policy count.  Citizens Chairman Carlos Beruff at its Exposure Reduction Committee meeting in December commented “I don’t want to be the Lloyd’s of London of Florida where we’re creating insurance products just because we can.”  Neither bill has been scheduled to receive a hearing.  (Return to Top of List)

My Safe Florida Condominium Pilot Program  ̶  SB 1366 and the identical HB 1029 by Senator Nick DiCeglie (R-St. Petersburg) and Reps. Vicki Lopez (R-Miami) and Rep. Christine Hunschofsky (D-Parkland) would apply the popular homeowners program of the same name to condominium complexes & individual condo unit owners in an initial pilot program.  The program includes requirements on associations and unit owners that choose to participate, required inspections, and on the hurricane mitigation inspectors who perform the services.  HB 1029 passed unanimously in the House Insurance and Banking Subcommittee but the Senate Bill has not moved.  If we see movement in the House, we will report this bill as being “back in play.”  (Return to Top of List)

Property Insurance – Citizens Property Insurance Corporation:

Citizens Property Insurance Corporation.  ̶  SB 604 and the similar HB 565 by Senator Ana Maria Rodriguez (R-Miami-Dade) and Rep. Jim Mooney, Jr. (R-Islamorada) and Rep. Vicki Lopez (R-Miami) would create a special carve-out to the legislatively-created rate glide path for Citizens with its annual mandatory rate increase caps.  It also relaxes the requirements that Citizens policyholders carry flood insurance.  

The carve-out is specially tailored to Monroe County (the Florida Keys) policyholders who have complained for years about what they say is higher than appropriate premiums.  But it also includes the densely populated Miami-Dade County, home to some of the highest insured values in Florida.  The bill requires that in those two counties and in counties where there is not a reasonable degree of competition that Citizens cap annual rate increases to 10% compared to the graduated cap for the rest of the state that will be 13% in 2024.  The Citizens Board of Governors in December 2023 expressed concern that the bill represents backward progress on growing the rate cap glide path and will make Citizens the only insurer in Monroe and Miami-Dade counties.  It also increases Citizens’ Coverage A limit from $1 million to $1.5 million in counties that have been designated as areas with no competition (Miami-Dade and Monroe Counties).  The bill also further relaxes the flood insurance requirement by exempting policies for structures that are elevated at least 1 foot above the flood zone’s minimum base flood elevation.  Neither bill has been scheduled to receive a hearing.  (Return to Top of List)

Coverage by Citizens Property Insurance Corp.  ̶  HB 889 by Rep. Kim Berfield (R-Pinellas County) broadens the eligibility to qualify for a Citizens policy, removes the rate cap glide path and adds a surcharge on higher value policies, and prohibits some higher value policies from Citizens coverage if a comparable private market policy is available – regardless of price.  Specifically the bill:

• Expands Citizens by allowing it to write policies with a dwelling replacement cost (houses) or dwelling and contents replacement cost (condo units) of up to $1 million (up from the current limit of up to $700,000 coverage) which in LMA’s opinion does not contribute to a healthy private market.
• Eliminates the legislatively-set glide path cap on rate increases for policies with dwelling replacement cost (houses) or dwelling and contents replacement cost (condo units) of $700,000 or more.
• Requires a surcharge on the above homes and condo units of $700,000 or more coverage that is equal to the lesser of $2,500 or 25% of the Citizens’ rate to ensure Citizens’ rates are not competitive with the private market.
• Removes eligibility for a Citizens policy for the above homes and condo units of $700,000 or more coverage if there is comparable coverage offered from a private market company under a standard policy that includes wind coverage.

The companion to HB 889, SB 1106 by Senator Ed Hooper (R-Palm Harbor) passed unanimously in the Senate Banking and Insurance Committee on January 16, despite Chairman Jim Boyd (R-Bradenton) expressing concern at growing Citizens.  However, given HB 889 is not on the agenda of the House Insurance & Subcommittee tomorrow, these bills collectively are dead.  Senator Boyd’s bill above, SB 1716, previously had some of the elements of HB 889 in expanding Citizens dwelling replacement cost limits to up to $1 million.  Those provisions have since been removed from his bill.  (Return to Top of List)

Windstorm Coverage by Citizens Property Insurance Corporation  ̶  HB 1213 by Rep. Spencer Roach (R-North Fort Myers) requires Citizens to make windstorm coverage available to homeowners of any residential and commercial residential structures.  It provides underwriting & administering requirements for the windstorm coverage portion of policies and also removes provisions relating to windstorm risk apportionment plan agreements among property insurance companies.  The bill currently has no direct Senate companion bill.

There is a comparable bill in HB 893 and its similar Senate bill SB 1428 by Rep. Vicki Lopez (R-Miami) and Senator Nick DiCeglie (R-St. Petersburg).  The Senate bill allows Citizens to amend areas it deems eligible for wind-only coverage and develop new criteria and rates for personal residential, commercial residential, and commercial nonresidential policy coverages.   HB 893 is scheduled to be heard at 8 am tomorrow (February 6) in the House Insurance and Banking Subcommittee.  If we see SB 1428 begin to move, we will report this bill as being “back in play.”  (Return to Top of List) 

There are other filed property insurance bills that we are watching but have shown little or no signs of movement.  You can fully review them here.  They include:

HB 1191, Assignment of Benefits for Surplus Lines Insurers by Rep. Tom Fabricio (R-Miami Lakes)

HB 625, Property Insurance Coverage by Rep. James Buchanan (R-Osprey).

HB 41, Mortgage Loans and Insurance Payments Grant Program by Rep. Jervonte “Tae” Edmonds (D-Palm Beach)

HB 329 / SB 860, Financial Assistance for Homeowners by Rep. Jervonte “Tae” Edmonds (D-Palm Beach), Rep. Jennifer “Rita” Harris (D-Orlando), Rep. Michelle Rayner (D-St. Petersburg) and Senator Shevrin “Shev” Jones (D-Miami Gardens)

SB 348, Insurance Rebate Program for Low-Income Seniors by Senator Lauren Book (D-Davie)

HM 371, Federal Catastrophe Pool by Rep. Kelly Skidmore (D-Boca Raton)

SB 102 / HB 1017, Property Insurance by Senator Shevrin “Shev” Jones (D-Miami Gardens) and Rep. Tae Edmonds (D-West Palm Beach)

SB 178, Resolution of Disputed Property Insurance Claims by Senator Tina Polsky (D-Boca Raton)

SB 500, Surplus Requirements for Residential Property Insurers by Senator Linda Stewart (D-Orlando)  (Return to Top of List)

Auto Insurance:

Motor Vehicle Insurance  ̶  HB 653 and the identical SB 464 by Rep. Danny Alvarez (R-Brandon) and Senators Erin Grall (R-Fort Pierce) and Senator Darryl Rouson (D-St. Petersburg) is a perennial effort to do away with Personal Injury Protection (PIP) coverage under Florida’s No-Fault insurance law and replace it with bodily injury (BI) liability coverage.  The primary difference between PIP and mandatory BI is that under PIP, someone injured in an auto accident seek coverage first under their own PIP policy, whereas under mandatory BI, someone injured in an auto accident would seek recovery from a responsible third-party’s (other driver’s) BI coverage.  The bills are similar to the bill vetoed in 2021 by Governor DeSantis, and filed again in 2022 and 2023.  Last spring’s bills were never heard by a committee.  Neither bill has been scheduled to receive a hearing this session.  (Return to Top of List)

Insurance Claims  ̶  HB 731 by Rep. Adam Botana (R-Bonita Springs) requires insurance companies to report to the Office of Insurance Regulation (OIR) the recovery of funds from automobile claim judgments, settlements, and attorney fees and costs, as well as repayment of claims paid from unlawful acts.  OIR, in turn, would be required to consider recovery of those funds in reviewing companies’ rates.  The bill also specifies that a policyholder’s payment of a deductible or copayment is not a condition of a carrier’s payment obligations.  There is a similar bill in the Senate (SB 1024) by Senator Erin Grall (R-Fort Pierce) that has not moved and if it does, we will most likely move these bills “back in play.”  (Return to Top of List) 

Flood Insurance:

Flood Damage Prevention  ̶  SB 1766  by Senator Ana Maria Rodriguez (R-Miami) passed on January 30 in the Senate Environment & Natural Resources Committee and awaits its third committee stop.  However, the similar HB 749 by Rep. Fabián Basabe (R-Miami Beach) has not been scheduled for a hearing and is not on the House Insurance & Subcommittee agenda tomorrow (February 6).  Both bills are significant, seeking to improve building regulation and flood mitigation.  To be titled the “Flood Damage Prevention Act of 2024,” it specifies a maximum voluntary freeboard requirement of 10 feet for new construction and substantial improvements to existing construction.  The bill also prohibits voluntary freeboard from being used in the calculation of the maximum allowable height for certain construction; and requires the Florida Building Commission to develop and adopt by rule minimum freeboard requirements by a specified date and to incorporate such requirements into the next edition of the Florida Building Code, among other provisions.  (Return to Top of List) 

Consumer Protections:

Flood Disclosure in the Sale of Real Property  ̶  SB 484 and the similar HB 1049 by Senator Jennifer Bradley (R-Fleming Island) and Rep. Christine Hunschofsky (D-Parkland) would require a seller of real property to disclose in writing a variety of flood information to a prospective purchaser before executing a contract for the sale of the property.  This includes:

• Whether the property has flooded before and if so, the frequency.
• Whether the property owner has maintained flood insurance.
• Whether any portion of the property is located in a FEMA-designated Special Flood Hazard Area (SFHA) or moderate risk flood hazard zone.
• Whether the seller has ever received federal assistance for flood damage to the property.
• Whether the seller has ever filed a claim with the National Flood Insurance Program (NFIP) or any other insurance provider relating to flood damage.
• Whether a Federal Emergency Management Agency elevation certificate is available for the property.

Similar bills in the 2023 session never received a hearing.  Neither bill has been scheduled to receive a hearing in this session.  (Return to Top of List)

LMA Newsletter of 2-5-24