Florida Senate - 2025 SB 790 By Senator Bradley 6-00538A-25 2025790__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to policy cancellations and 2 nonrenewals by property insurers; amending s. 3 627.4133, F.S.; prohibiting insurers from canceling or 4 nonrenewing, within certain timeframes, policies 5 covering personal residential or commercial 6 residential properties damaged by hurricanes or wind 7 losses; providing that such prohibition applies to 8 flood damages caused by hurricanes under certain 9 circumstances; providing that an insurer may not 10 cancel personal residential or commercial residential 11 property insurance policies until certain repairs are 12 made or a specified policy renewal expires; 13 prohibiting certain claims for loss or damage from 14 being covered under an extended or renewed policy; 15 specifying that such loss or damage is excluded from 16 the extended or renewed policy; providing 17 applicability; revising exceptions; authorizing the 18 Commissioner of Insurance Regulation to waive certain 19 provisions; providing construction; deleting 20 applicability; revising construction; requiring that 21 certain policies contain similar terms under certain 22 circumstances; amending s. 627.7011, F.S.; requiring 23 homeowner’s policy insurers to give specified 24 notifications to policyholders; requiring that such 25 notice be mailed and, under certain circumstances, e-26 mailed; specifying exceptions to notification 27 requirements; providing an effective date. 28 29

Florida Senate - 2025 SB 790 6-00538A-25 2025790__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 30 31

Section 1. Paragraph (

e) of subsection (2) of

section 32 627.4133, Florida Statutes, is amended to read: 33 627.4133 Notice of cancellation, nonrenewal, or renewal 34 premium.— 35

(2) With respect to any personal lines or commercial 36 residential property insurance policy, including, but not 37 limited to, any homeowner, mobile home owner, farmowner, 38 condominium association, condominium unit owner, apartment 39 building, or other policy covering a residential structure or 40 its contents: 41 (e)1. An authorized insurer may not cancel or nonrenew a 42 personal residential or commercial residential property 43 insurance policy covering a dwelling or residential property 44 located in this state: 45 a.

For a period of 90 days after the dwelling or 46 residential property has been repaired, if such property has 47 been damaged as a result of a hurricane or wind loss that is the 48 subject of the declaration of emergency pursuant to s. 252.36 49 and the filing of an order by the Commissioner of Insurance 50 Regulation. Damage under this sub-subparagraph includes flood 51 damage caused by a hurricane if flood is a covered peril under 52 the personal residential or commercial residential property 53 insurance policy.

If flood is not a covered peril under the 54 personal residential or commercial residential property 55 insurance policy and the property has been damaged as a result 56 of flood caused by a hurricane, an insurer may not cancel or 57 nonrenew the personal residential or commercial residential 58

Florida Senate - 2025 SB 790 6-00538A-25 2025790__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. property insurance policy until the earlier of when the property 59 has been repaired or the expiration of one subsequent renewal of 60 the policy that was in force at the time of loss or damage. If 61 an insurer is required to extend or renew a policy pursuant to 62 this sub-subparagraph, any claim for loss or damage arising from 63 unrepaired flood damage caused by a hurricane may not be covered 64 under the extended or renewed policy.

Such loss or damage is 65 excluded from the extended or renewed policy regardless of any 66 other cause or event that contributes concurrently or in any 67 sequence to the loss or damage.

When flood is not a covered 68 peril under the personal residential or commercial residential 69 property insurance policy, the requirements under this sub-70 subparagraph to extend or renew the policy do not apply if the 71 insurer has no actual knowledge of the flood damage or if the 72 flood damage, along with the physical evidence of such damage, 73 is not communicated to the insurer before the expiration of the 74 policy. 75 b.

Until the earlier of when the dwelling or residential 76 property has been repaired or 1 year after the insurer issues 77 the final claim payment, if such property was damaged by any 78 covered peril and sub-subparagraph a. does not apply. 79 2. The restrictions on cancellation and nonrenewal in sub-80 subparagraph b. are not applicable to loss or damage to the 81 insured property that is valued at less than the applicable 82 deductible for a personal residential property insurance policy 83 or less than the applicable deductible for a commercial 84 residential insurance policy. 85 3.

However, an insurer or agent may cancel or nonrenew such 86 a policy before prior to the repair of the dwelling or 87

Florida Senate - 2025 SB 790 6-00538A-25 2025790__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. residential property: 88 a. Upon 10 days’ notice: 89 (

I) For nonpayment of premium; or 90 (II) If the named insured no longer has an insurable 91 interest in the property; or 92 b. Upon 45 days’ notice: 93 (

I) For a material misstatement or fraud related to the 94 claim; 95 (II) If the insurer determines that the insured has 96 unreasonably caused a delay in the repair of the dwelling; or 97 (III) If, after the expiration of the declaration of 98 emergency pursuant to s. 252.36 and the order by the 99 Commissioner of Insurance Regulation, the insurer has made a 100 reasonable written inquiry to the insured as to the status of 101 the repairs and the insured has failed to respond within 30 102 calendar days to provide information that is responsive to the 103 inquiry, including the reasons for any delay in completing 104 repairs, to the address or e-mail account designated by the 105 insurer or its agent; or 106 (IV) If the insurer has paid policy limits for a loss or 107 damage to the insured dwelling under a personal residential 108 policy, or policy limits for a loss or damage to each insured 109 structure that was damaged under a commercial residential 110 policy. 111 4.3.

If the insurer elects to nonrenew a policy covering a 112 property that has been damaged, the insurer must shall provide 113 at least 90 days’ notice to the insured that the insurer intends 114 to nonrenew the policy 90 days after the dwelling or residential 115 property has been repaired. Nothing in This paragraph does not 116

Florida Senate - 2025 SB 790 6-00538A-25 2025790__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. shall prevent the insurer from canceling or nonrenewing the 117 policy 90 days after the repairs are complete for the same 118 reasons the insurer would otherwise have canceled or nonrenewed 119 the policy but for the limitations of subparagraph 1. The 120 Financial Services Commission may adopt rules, and the 121 Commissioner of Insurance Regulation may issue orders, necessary 122 to implement this paragraph.

The Commissioner of Insurance 123 Regulation may also waive any provision of this paragraph upon 124 approval of a petition filed by an insurer requesting relief due 125 to solvency concerns or other factors that could harm 126 policyholders if the provisions of this paragraph were enforced 127 upon the insurer. 128 5.4.

This paragraph is not intended to revise or modify any 129 provision of an emergency order issued by the office before July 130 1, 2025 shall also apply to personal residential and commercial 131 residential policies covering property that was damaged as the 132 result of Hurricane Ian or Hurricane Nicole. 133 6.5. For purposes of this paragraph: 134 a. A structure is deemed to be repaired: 135 (

I) When substantially completed and restored to the extent 136 that it is insurable by Citizens Property Insurance Corporation 137 or by another authorized insurer writing policies in this state; 138 or 139 (II) When one of the following persons has inspected and 140 certified or attested to the completion of the repairs: 141 (

A) A home inspector licensed under s. 468.8314; 142 (

B) A building code inspector certified under s. 468.607; 143 (

C) A general, building, or residential contractor licensed 144 under s. 489.111; 145

Florida Senate - 2025 SB 790 6-00538A-25 2025790__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. (

D) A professional engineer licensed under s. 471.015; or 146 (

E) A professional architect licensed under s. 481.213. 147 b. The term “insurer” means an authorized insurer. 148 c. If a policy is extended or renewed to comply with this 149 paragraph or with any other provision of the Commissioner of 150 Insurance Regulation’s order, the policy must contain policy 151 terms similar to the policy being extended or renewed unless the 152 insurer has updated approved forms that will apply to all 153 insureds with the same endorsement.

However, this sub-154 subparagraph does not impact current law with regard to the 155 rates insurers may charge for policies extended or renewed under 156 this paragraph. 157 7. This paragraph does not affect s. 95.11 or s. 627.70132. 158

Section 2. Subsection (7) is added to

section 627.7011, 159 Florida Statutes, to read: 160 627.7011 Homeowners’ policies; offer of replacement cost 161 coverage and law and ordinance coverage.— 162

(7) Any insurer delivering or issuing a homeowner’s 163 insurance policy shall give the policyholder at least 45 days’ 164 advance written notice of cancellation, nonrenewal, or rate 165 change. Such notice must be mailed to the policyholder’s last 166 address as shown by the records of the insurer and, if an e-mail 167 address has been provided, e-mailed to the last e-mail address 168 on record. However, if cancellation is for nonpayment of 169 premium, at least 10 days’ written notice must be given, 170 accompanied by the reason. Written notice of cancellation for 171 nonpayment of premium is not required for homeowner’s insurance 172 policies under which premiums are payable monthly. 173

Section 3. This act shall take effect July 1, 2025. 174