Florida SB 1268: Department of Law Enforcement

Bill Text

1268 
Insurance 
2026-01-06T11:33:49Z 
Requiring the Department of Financial Services to take immediate enforcement actions under certain circumstances; requiring certain adjusters to complete specified continuing education courses annually; specifying requirements for such courses; revising the grounds for compulsory disciplinary actions by the department against certain insurance personnel; prohibiting insurers from excluding the public adjuster’s attorney from certain in-person meetings; requiring insurers to promptly provided third-party claimants with specified payments or assistance under certain circumstances, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1268 

 By Senator Davis 

 5-01546-26 20261268__ 
 1 A bill to be entitled 
 2 An act relating to insurance; amending s. 626.112, 
 3 F.S.; requiring the Department of Financial Services 
 4 to take immediate enforcement actions under certain 
 5 circumstances; amending s. 626.2815, F.S.; requiring 
 6 certain adjusters to complete specified continuing 
 7 education courses annually; specifying requirements 
 8 for such courses; amending s. 626.611, F.S.; revising 
 9 the grounds for compulsory disciplinary actions by the 
 10 department against certain insurance personnel; 
 11 amending s. 626.854, F.S.; prohibiting insurers from 
 12 excluding the public adjuster’s attorney from certain 
 13 in-person meetings; requiring insurers to communicate 
 14 with or meet the public adjuster’s attorney under 
 15 certain circumstances; amending s. 626.9541, F.S.; 
 16 specifying additional unfair claim settlement 
 17 practices; amending s. 626.9743, F.S.; requiring 
 18 insurers to promptly provided third-party claimants 
 19 with specified payments or assistance under certain 
 20 circumstances; revising a prohibition relating to the 
 21 use of replacement parts in the repair of a motor 
 22 vehicle; requiring that replacement parts comply with 
 23 certain specifications and be able to perform the same 
 24 function and provide durability and safety equivalent 
 25 to the condition of the damaged parts immediately 
 26 before the loss; requiring insurers to replace the 
 27 entire damaged area and adjoining areas under certain 
 28 circumstances; requiring insurers to provide insureds 
 29 with a specified repair plan before performing work; 
 30 requiring insurers to identify and source parts 
 31 required for the repair and provide certain 
 32 information to insureds; defining the term “local 
 33 market area”; requiring insurers to obtain written 
 34 approval from insureds under certain circumstances; 
 35 specifying requirements of such written approval; 
 36 defining the term “diminished value”; requiring 
 37 insurers to compensate claimants for diminished value; 
 38 specifying the manner of calculation of diminished 
 39 value; requiring insurers to provide certain written 
 40 documentation to insureds; specifying that certain 
 41 policy provisions are void and unenforceable; amending 
 42 s. 626.9744, F.S.; requiring insurers to use certain 
 43 replacement items, parts, or materials under certain 
 44 circumstances; requiring insurers to make reasonable 
 45 repairs or replacement of items, parts, or materials 
 46 in adjoining areas under certain circumstances; 
 47 requiring insurers to provide insureds with a 
 48 specified repair plan before work is performed; 
 49 requiring insurers to identify and source items, 
 50 parts, or materials required to complete the work and 
 51 provide certain information to insureds; amending s. 
 52 627.4025, F.S.; making clarifying changes regarding 
 53 the types of coverages included in residential 
 54 coverage; amending s. 627.418, F.S.; prohibiting 
 55 insurers from imposing or enforcing certain policy 
 56 conditions or requirements; providing an exception; 
 57 specifying that such conditions or requirements, if 
 58 not authorized, are void and unenforceable; requiring 
 59 insurers to make certain disclosures and allow the 
 60 insured to cancel the policy under certain 
 61 circumstances; amending s. 627.426, F.S.; revising the 
 62 conditions under which liability insurers may deny 
 63 coverage based on a particular coverage defense; 
 64 reviving, reenacting, and amending s. 627.428, F.S., 
 65 relating to attorney fees in cases involving an 
 66 insurer; providing an exception related to the right 
 67 to attorney fees and costs in suits arising under a 
 68 residential or commercial property insurance policy; 
 69 amending s. 627.70131, F.S.; revising the timeframe in 
 70 which insurers must pay or deny claims; revising 
 71 requirements for the explanation for the payment, 
 72 denial, or partial payment of claims; specifying that 
 73 insurers have an obligation to pay a specified amount 
 74 under certain circumstances; authorizing the 
 75 Department of Financial Services to enforce such 
 76 obligation; making a cla