• Reduces from the preceding 5 years to the preceding 3 years the claims history that must be included within a loss run statement.
• Requires that reports from group health insurers include premiums paid, the number of insureds on a monthly basis, and the dependent status.
• Requires that each insurer designate an individual or entity to receive written requests for loss run statements from insureds.
• Requires that the personal lines insurer provide the insured a loss run statement within 15 calendar days after receiving the insured’s written request subsequent to the insured providing the insurer with information on obtaining a loss run statement from a consumer reporting agency.
• Exempts life insurers from the requirements for loss run statements.
• Provides that, under a group health insurance policy, only the group policyholder may request and be provided a loss run statement.
• An amendment was adopted on both bills providing that the insurer is deemed to be in compliance if the surplus lines agent provides the loss run statement on behalf of the insurer.

• The manner in which an insured patient or health care provider may request a protocol exemption;
• The manner and timeframe in which the health insurer or HMO is required to authorize or deny a protocol exemption request; and,
• The manner and timeframe in which an insured patient may appeal the denial of a request.

• Would authorize the Office of Insurance Regulation to examine pharmacy benefit managers by transferring the authority from the Department of Health;
• Provides a penalty for a PBM that fails to register with OIR as a pharmacy benefit manager under certain circumstances;
• Revises the entities conducting pharmacy audits to which certain requirements and restrictions apply; and
• Provides that health insurers and health maintenance organizations that transfer a certain payment obligation to pharmacy benefit managers remain responsible for specified violations.

• Both bills tweak the prohibition against prescribing of only Schedule II controlled substances through telehealth except under those specific circumstances. In practice, this change will authorize a telehealth provider to issue a renewal prescription for a controlled substance listed in Schedule III, IV, or V of s. 893.03, F.S., through telehealth, within the scope of his or her practice, and in accordance with other state and federal laws.
• Additionally, the Senate bill removes a provision in the definition of “telehealth” that excludes audio-only telephone calls (note: the House bill does not contain this provision.)   We do not expect the House to agree to this provision.

• Diagnosis or treatment of, or failure to diagnose or treat, a person for COVID-19
• Provision of a novel or experimental COVID-19 treatment
• Transmission of COVID-19
• Delay or cancellation of a surgery or medical procedure, test, or appointment in certain situations
• An act or omission with respect to an emergency medical condition in certain situations
• Treatment of a patient with COVID-19 whose injuries were directly related to an exacerbation of preexisting conditions by COVID-19.

• Requires provider service networks (PSNs) to be reimbursed on a prepaid basis.
• Authorizes the AHCA to select eligible managed care plans to provide services through a single statewide procurement and deletes the requirement that the AHCA conduct separate and simultaneous procurements for each Medicaid region.
• Authorizes the AHCA to award contracts to managed care plans on a regional or statewide basis.
• Outlines a new regional structure for plan selection under the MMA and LTC programs with a minimum and maximum number of plans designated for each region. The bill provides for eight regions named by letters (Regions A-H), rather than the 11 regions named by numbers (Regions 1-11) in current law.
• Requires the AHCA to award a contract to at least one PSN in each of the eight regions under the MMA program and under the LTC program.
• Amends the Achieved Savings Rebates (ASR) structure to change thresholds relating to profit-sharing for managed care plans.
• Requires managed care plans to include Florida cancer hospitals that meet specified federal criteria in their networks as essential providers.
• Revises MMA plan healthy behaviors program requirements to include tobacco cessation programs, rather than smoking cessation programs, and to clarify that substance abuse programs must include opioid abuse recovery.
• Authorizes an MMA child welfare specialty plan to serve a child in a permanent guardianship situation whose parents receiving payments through the Guardianship Assistance Program.

• Increases the citizens policyholder surcharge to:

• Requires the citizens Executive Director to meet minimum experience levels.
• Increases the threshold a policyholder has to refuse a “take-out” offer to 20% greater than the renewed premium for comparable coverage. This applies to both personal and commercial lines.
• Removes the eligibility for policyholder removed through an assumption agreement to remain in citizens.
• Allows qualified surplus lines insurers to “take-out” citizens policies. Policies with replacement cost above $700,000 and a premium offer of 15% or less will no longer be eligible for citizens coverage. For policies with a replacement cost less than $700,000 remains eligible if it receives an offer of coverage from a surplus lines insurer.
• Requires underwriting and claims files to be confidential by assuming carriers.
• Makes technical changes to the citizens clearinghouse statute. 

• Requires roofers to include specific language on advertising about the insurance deductible and fraud. 
• Allows insurers to use roof surface reimbursement schedules and roof sub-limits for personal lines. 

• Three amendments were adopted and one was withdrawn because it accidently struck the wrong language. 

• Creates a definition of a “Domestic surplus lines insurer”
• If a domestic insurer possesses a surplus of $15 million, they may after board approval and approval of OIR, be made eligible as domestic surplus lines insurer.
• The domestic surplus lines insurer is subject to all financial and solvency requirements imposed upon domestic admitted insurers.
• Surplus lines insurance policies issued by a domestic surplus lines insurer are exempt from all requirements relating to insurance rating and rating plans; policy forms; premiums charged to insureds, policy cancellation; nonrenewal; and renewal.
• Policies issued by the domestic surplus lines insurer are subject to taxes assessed upon surplus lines policies, but exempt from other taxes levied upon domestic and foreign admitted insurers.
• Policies are not subject to part II, III or V of chapter 631

• Establishes a framework for the practice of veterinary telemedicine.
• Limits a veterinarian’s ability to prescribe controlled substances while practicing telemedicine to situations where:

• Specifies that only Florida licensed veterinarians may practice veterinary telemedicine, and grants the Board jurisdiction over the practice of veterinary telemedicine.
• Allows an animal control authority under the “indirect supervision” of a veterinarian to administer rabies vaccinations.

• Repeals PIP and replace with mandatory BI coverage of $25K/$50k and $5k death benefit. PD coverage remains at $10k – contained in both House and Senate bills.
• This is the same as the bill that passed last year.
• Requires opt-in med: med pay offer of $5k and $10k (can offer any med pay amount over $5k); $0 deductible for med pay ($500 max deductible) – contained in both House and Senate bills.
• This is basically the opposite of the bill that passed last year which has opt-out med pay.
• Contains a limited “no pay no play” provision which requires a mandatory $10k set-off for recovery by an uninsured driver – – contained in both House and Senate bills.
• This is the same as the bill that passed last year.
• Contains bad faith reform (though problematic for many insurers) – only in Senate bill.

• Written reports of crashes will be exempt under s. 119.07(1).
• Expands who can receive the crash report to the Department of Health and any person or entity acting on behalf of a federal, state, or local governmental agency carrying out its functions.
• Creates stricter and clearer guidelines for holding a crash report. 
• Exempts “driver information” on traffic citations from public records, creates a sunset of October 2, 2027.

• Directs the Florida Hurricane Catastrophe Fund to provide reimbursement for a loss under collateral protection insurance (also known as lender-placed or force-placed insurance) when the coverage amount differs from the coverage amount under the lapsed policy if the homeowner received notice of the collateral protection insurance coverage amount, or the homeowner requested a different coverage amount from the collateral protection insurer.
• Provides that current requirements under the Workers’ Compensation Law for annual, physical onsite payroll audits of employers in the construction class will only apply when the estimated annual premium is $10,000 or more.
• Authorizes associations, trusts, and pools formed to provide self-insurance for public entities to use communications media technology to establish quorum and conduct public business.
• Provides that an all-lines adjuster who is appointed and employed by an insurer’s affiliate may serve as a company employee adjuster for the purpose of adjusting claims.
• Allows a residential property insurer’s rate filing to estimate projected hurricane losses by using a weighted or straight average of two or more models approved by the Florida Commission on Hurricane Loss Projection Methodology.
• Authorizes an insurer to file a personal lines residential property insurance rating plan that provides premium discounts, credits, and other rate differentials based on windstorm construction standards developed by an independent, not-for-profit, scientific research organization.
• Limits the requirement that an insurer provide a policyholder who has an automatic bank withdrawal agreement with the insurer with 15 days advance written notice of any increase in policy premiums. Instead, notice will only be required for premium increases that will result in an increase in the automatic withdrawal of more than $10 from the previous withdrawal amount.
• Provides Citizens Property Insurance Corporation with discretion to offer wind-only policies to condominium associations when 50 percent or more of their units are rented more than eight times per year for a period of less than 30 days.
• Eliminates a requirement that an insurer that provides electronic delivery of the insurance policy to a policyholder (or the person entitled to delivery) to also provide within the electronic transmission notice of the policyholder’s right to receive the policy via United States mail. The bill also eliminates a requirement that the insurer provide a paper copy of the policy to the insured upon his or her request.
• Allows a policyholder to select a hurricane deductible greater than 10 percent, reject windstorm coverage, or reject contents coverage under a residential property insurance policy by typing the existing exclusionary statement language, instead of handwriting it.
• Provides that s. 627.7152, F.S., governing assignment agreements, applies to instruments that assign or transfer post-loss benefits to a service provider that provides scopes of service or provides inspection services.
• Provides that the term “assignment agreement” does not include an instrument by which a licensed public adjuster is compensated for public adjuster services.
• Requires that an assignee provide the notice of intent to initiate litigation to the name and mailing address designated by the insurer in the policy forms if notice is sent by certified mail, return receipt requested, or to the e-mail address designated by the insurer in the policy forms if notice is sent by electronic delivery.
• Requires that an automobile policy that does not provide coverage for bodily injury liability and property damage liability include notice accompanying the declarations page that the policy does not provide such coverages and does not comply with any financial responsibility laws. Such policies generally cover antique motor vehicles.
• Exempts licensed personal lines and general lines agents from salesperson licensing requirements otherwise required to solicit, negotiate, advertise, or sell home warranty contracts, and service agreement contracts.

• Negative Option Billing: provides that signing up for a service contract and cancelling a service contract shall be done in the same manner.
• Increases fines for unlicensed public adjuster practices during a state of emergency declared by executive order of the Governor.
• Increases fines for unauthorized transaction of insurance during a state of emergency declared by executive order of the Governor.
• Mirror fraud reporting requirements from the arson investigation statute (633.126) in the insurance fraud reporting statute (626.989) to enhance the Division of Investigative and Forensic Services investigation capabilities, while maintaining the current protections during an investigation.
• Clarifying investigations are confidential during arson fraud investigations.
• Provides the Department with authority to impose fines, should the insurer fail to comply with arson investigation reporting requirements.
• Reduce fraudulent warranty advertisements. The revisions should help a consumer to know they are being solicited for a warranty insurance product from a company approved by the Florida Office of Insurance Regulation, by a salesperson who is licensed by the Florida Department of Financial Services. We are working to clean this section up and make sure no unintended consequences happen. 
• Clarify the language in Section 775.15 (11) F.S from “and” to “or” to clarify that charges under 440.105 F.S. and 817.234 F.S. do not have be filed together for the five-year statute of limitation to apply.
• Mandatory restitution for insurers: further incentive for insurers to invest in fraud prevention, detection and other SIU activities.

• Discourages the claimant from rejecting a reasonable settlement offer by limiting the potential for an award of attorney fees.
• Requires the court in a civil action for a construction defect to appoint an engineer, contractor, building code inspector, or another expert to examine the alleged defect. The expert must then submit a written report which contains the expert’s findings to the court for its consideration and to the parties.

• Requires a claimant who accepts a settlement offer that includes a monetary payment for repairs to enter into a contract for repairs within 90 days.
• Requires a claimant to serve certain notices relating to construction defects on the mortgagee or assignee of the relevant real property within a specified timeframe under certain circumstances. (House version only)
• Current g law specifies a 4-year statute of limitations for a claimant to bring a construction defect action based on a patent or obvious defect and a 10-year statute of repose for a claimant to bring a construction defect action based on a latent or hidden defect.
• The bill divides improvements into four categories: (Senate version only)

• The bill does not change the timeframe for patent, however the bill makes the following changes to latent or hidden defects: (Senate version only)

• The bill provides a savings clause that enables a person to bring an action for a construction defect within 1 year after the effective date.

• Enforceable regulatory standards for PFAS in drinking water, groundwater, and soil.
• A mechanism for the identification and cleanup of contaminated areas.
• How to address liability for contamination and financial responsibility for cleanup.
• Appropriate methods and technologies, considering cost, for cleanup and treatment of PFAS contamination.
• Funding sources and mechanisms for prioritizing the distribution of funds for cleanup and remediation of PFAS contamination.
• Methods to manage waste containing PFAS to prevent possible release or discharge into the environment that could cause contamination of drinking water, groundwater, and soil.
• Appropriate testing for and monitoring of PFAS in drinking water, groundwater, and soil to protect the public health and welfare.
• Methods to eliminate workplace exposure in the manufacturing industry.

• Starting in the 2022-2023 school year all incoming 9^th graders must earn one half credit in personal financial literacy:

• Requires the Department of Environmental Protection (DEP) to adopt by rule statewide cleanup target levels (CTLs) for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in soils and groundwater, which do not take effect until ratified by the Legislature.
• Provides a limitation of liability, until DEP’s rules have been ratified for a particular PFAS constituent, from actions brought by local or state government entities to compel or enjoin site rehabilitation, require payment of site rehabilitation costs, or require payment of fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent.
• Tolls any statute of limitations that would bar a state or local government entity from pursuing relief under its existing authority, from the effective date of the act until site rehabilitation is complete or the Legislature ratifies the CTLs.
• Requires the Office of Program Policy Analysis and Government Accountability to conduct an analysis of programs in other states for the assessment and cleanup of soils and groundwater contamination, and submit a report of its findings and recommendations to the Governor and Legislature by January 1, 2023.

• Damages in an amount not less than $100 and not greater than $750 per consumer per incident or actual damages, whichever is greater.
• Injunctive or declaratory relief, as the court deems proper.