SB 1184 Florida Senate · 2025 Regular Session

Residual Market Insurers

Summary
Residual Market Insurers; Revising the conditions for insurance coverage to be eligible for export; transferring to surplus lines insurance those provisions relating to liability of insureds and deductibles; prohibiting policyholders from assigning post-loss insurance benefits under property insurance policies; requiring settlements or verdicts against insureds as a condition precedent to the accrual or maintenance of causes of actions against liability insurers by persons who are not insureds, etc.
Bill status died 1 of 4 stages cleared
Introduction
Mar 2025
Committee Review
Floor Vote
Governor
Introduced Mar 4, 2025 Last action Jun 16, 2025
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What changed between versions

S 1184 Filed S 1184 c1 · 10 edits
MAJOR
This bill updates Florida's surplus lines insurance laws and strengthens consumer protections for residential property insurance claims. It removes the 'diligent effort' definition requiring three insurer rejections, lowers the threshold to one rejection for high-value homes, and adds new requirements for insurers to acknowledge communications and investigate claims within specific timeframes. The bill also prohibits policyholders from assigning post-loss benefits and requires settlements against insureds before non-insureds can sue liability insurers.
Scope change
The bill expands applicability to surplus lines insurers for residential property claim communications and investigations, and creates new sections specifically governing surplus lines insurance procedures.
DEFINITION

Removed the definition of 'diligent effort' and replaced it with a new definition requiring rejection from at least three authorized insurers, or one insurer for residential structures valued at $700,000 or more.

ELIGIBILITY

Added a requirement that insureds must sign an acknowledgment of disclosure about surplus lines coverage, creating a presumption that they were informed of other coverage availability.

Updated Citizens Property Insurance Corporation eligibility requirements to include provisions for surplus lines insurer participation in quota share primary insurance agreements.

REQUIREMENT

Created new sections requiring insurers to acknowledge residential property insurance communications within 7 days and begin investigations within 7 days of receiving proof-of-loss statements.

Established new rules requiring insurers to provide detailed loss estimates within 7 days and maintain records of all claim-related communications and inspections.

Created new provisions requiring written notice of intent to initiate litigation before filing suit against property insurers, with specific requirements for settlement demands and disputed amounts.

Prohibited policyholders from assigning post-loss insurance benefits under residential and commercial property insurance policies.

Established that non-insureds must first obtain a settlement or verdict against the insured before suing liability insurers, with exceptions for insurers who pay taxable costs or attorney fees.

TIMELINE

Modified surplus lines tax remittance timelines and agent affidavit filing requirements to align with new reporting procedures.

ENFORCEMENT

Added provisions for electronic investigation methods including drones and video conferencing for residential property claims, with fraud protections.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
11
Key actions
3
Committee
4
Mar 27, 2025
Upper · Passed
On Committee agenda-- Judiciary, 04/01/25, 4:00 pm, 110 Senate Building --Temporarily Postponed
upper
Mar 19, 2025
Upper · Passed
Pending reference review under Rule 4.7(2) - (Committee Substitute)
upper
Mar 12, 2025
Upper · Passed
On Committee agenda-- Banking and Insurance, 03/17/25, 1:30 pm, 412 Knott Building
upper
Mar 4, 2025
Introduced
Introduced
upper
Mar 3, 2025
Committee
Referred to Banking and Insurance; Judiciary; Rules
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Nick DiCeglie
Nick DiCeglie
RRepublican
FL
18