Florida HB 459: Property Insurance Claims
Status: Withdrawn prior to introduction (as of 2026-01-09)
State: Florida · Session: 2026 · Bill: HB 459
Subjects: subject index
Sponsors: Maggard
Bill Text
HB 459 2026 CODING: Words stricken are deletions; words underlined are additions. hb459-00 Page 1 of 13 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to property insurance claims; amending 2 s. 627.7015, F.S.; establishing a mandatory procedure 3 for resolution of disputed property insurance claims; 4 deleting obsolete provisions; revising legislative 5 intent and purpose; requiring certain entities to 6 administer a specified law in a certain manner; 7 requiring insurers, at specified times, to notify 8 policyholders of the mandatory procedure; requiring 9 the Department of Financial Services to prepare a 10 consumer information pamphlet to be provided to 11 policyholders at specified times; authorizing a 12 policyholder or an insurer to file a petition with the 13 Division of Administrative Hearings to resolve certain 14 claims; specifying requirements for the filing and 15 service of such petition; requiring the department to 16 inform policyholders of the location of the Division 17 of Administrative Hearings and the division's website 18 address; specifying that the parties to the claim must 19 bear the cost of certain conferences; requiring an 20 administrative law judge to review the petition upon 21 receiving it; requiring the administrative law judge 22 to dismiss petitions that do not contain specified 23 information; requiring that the petition include a 24 certain certification; specifying that dismissal of a 25 HB 459 2026 CODING: Words stricken are deletions; words underlined are additions. hb459-00 Page 2 of 13 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S petition or a portion of a petition is without 26 prejudice and does not require a hearing; specifying 27 that motions to dismiss must be handled in a specified 28 manner; requiring the insurer to pay the requested 29 claim or file a response to the petition within a 30 specified timeframe; specifying filing and content 31 requirements for the insurer's response to the 32 petition; requiring the administrative law judge to 33 conduct proceedings in a specified manner; providing 34 an exception; requiring the administrative law judge 35 to make a final determination of total coverage amount 36 within a specified timeframe; requiring such amount to 37 be paid in a specified manner; revising the definition 38 of the term "claim"; repealing ss. 627.70151, 39 627.70152, 627.70153, and 627.70154, F.S., relating to 40 appraisal clauses in property insurance contracts, 41 suits arising under a property insurance policy, 42 consolidation of residential property insurance 43 actions, and mandatory binding arbitration of property 44 insurance policies, respectively; amending ss. 45 627.351, 627.70131, and 627.7074, F.S.; conforming 46 provisions to changes made by the act; providing an 47 effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 HB 459 2026 CODING: Words stricken are deletions; words underlined are additions. hb459-00 Page 3 of 13 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 51 Section 1. Section 627.7015, Florida Statutes, is amended 52 to read: 53 627.7015 Mandatory Alternative procedure for resolution of 54 disputed property insurance claims.— 55 (1) This section sets forth a nonadversarial alternative 56 dispute resolution procedure for an a mediated claim resolution 57 conference prompted by the need for effective, fair, and timely 58 resolution handling of disputed property insurance claims. There 59 is a particular need for a mandatory an informal, nonthreatening 60 forum, available at the election of either party, for helping 61 parties who elect this procedure to resolve their claims 62 disputes regarding because most homeowner and commercial 63 residential insurance policies obligate policyholders to 64 participate in a potentially expensive and time-consuming 65 adversarial appraisal process before litigation. The procedure 66 set forth in this section is designed to bring the parties 67 together to ensure the efficient delivery of the coverage 68 offered under the policy, helping to restore an owner's property 69 and livelihood to normalcy after a disaster or loss while 70 maintaining reasonable costs to the insurer for a mediated 71 claims settlement conference without any of the trappings or 72 drawbacks of an adversarial process. Before participating in 73 resorting to these procedures, policyholders and insurers are 74 encouraged to resolve claims as quickly and fairly as possible. 75 HB 459 2026 CODING: Words stricken are deletions; words underlined are additions. hb459-00 Page 4 of 13 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S The department, the office, and the Division of Administrative 76 Hearings shall administer this section in a manner that 77 facilitates the self-execution of the system and the process of 78 ensuring a prompt and cost-effective delivery of payments to 79 insureds This
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