Florida HB 863: Arbitration for Disputes with Citizens Property Insurance Corporation

Bill Text

HB 863 2026

CODING: Words stricken are deletions; words underlined are additions.
hb863-00
Page 1 of 3
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 arbitration for disputes with 2
Citizens Property Insurance Corporation; amending s. 3
627.351, F.S.; requiring notification of arbitration 4
before the Division of Administrative Hearings as an 5
option for dispute resolution procedures under 6
Citizens Property Insurance Corporation; removing 7
obsolete language; providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Paragraph (ll) of subsection (6) of section 12
627.351, Florida Statutes, is amended to read: 13
627.351 Insurance risk apportionment plans.— 14
(6) CITIZENS PROPERTY INSURANCE CORPORATION.— 15
(ll)1. In addition to any other method of alternative 16
dispute resolution authorized by state law, the corporation may 17
adopt policy forms that provide an option for the insured to 18
select, at the time of entering into the policy or upon renewal, 19
to have disputes regarding the corporation's claim 20
determinations for the resolution of disputes regarding its 21
claim determinations, including disputes regarding coverage for, 22
or the scope and value of, a claim, resolved through arbitration 23
in a proceeding before the Division of Administrative Hearings. 24
Each insured must be notified in writing, at the time of 25

HB 863 2026

CODING: Words stricken are deletions; words underlined are additions.
hb863-00
Page 2 of 3
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

entering into a policy with the corporation and upon each 26
renewal, that the insured must decide whether to resolve 27
disputes through arbitration before the Division of 28
Administrative Hearings. Such notification must be in at least 29
12-point boldfaced type, immediately preceding the insured's 30
signature, in substantially the following form: 31
32
AN INSURED MUST CHOOSE AT THE TIME OF ENTERING INTO THIS POLICY 33
OR UPON RENEWAL WHETHER TO RESOLVE DISPUTES THROUGH ARBITRATION 34
BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS. THE INSURED MUST 35
INDICATE THIS SELECTION BY MARKING "ACCEPT" OR "DECLINE" BELOW. 36
THIS DECISION CANNOT BE CHANGED DURING THE TERM OF THE POLICY. 37
38
[ ] ACCEPT 39
[ ] DECLINE 40
41
2. Any such policies are not subject to s. 627.70154. All 42
arbitrations before proceedings in the Division of 43
Administrative Hearings pursuant to such policies are subject to 44
ss. 57.105 and 768.79 as if filed in the courts of this state 45
and are not considered chapter 120 administrative proceedings. 46
Rule 1.442, Florida Rules of Civil Procedure, applies to any 47
offer served pursuant to s. 768.79, except that, notwithstanding 48
any provision in Rule 1.442, Florida Rules of Civil Procedure, 49
to the contrary, an offer shall not be served earlier than 10 50

HB 863 2026

CODING: Words stricken are deletions; words underlined are additions.
hb863-00
Page 3 of 3
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

days after filing the request for hearing with the Division of 51
Administrative Hearings and shall not be served later than 10 52
days before the date set for the final hearing. The 53
administrative law judge in such arbitrations proceedings shall 54
award attorney fees and other relief pursuant to ss. 57.105 and 55
768.79. The corporation may not seek, and the office may not 56
approve, a maximum hourly rate for attorney fees. 57
2. The corporation may contract with the division to 58
conduct proceedings to resolve disputes regarding its claim 59
determinations as may be provided for in the applicable policies 60
of insurance. This subparagraph expires July 1, 2026. 61
Section 2. This act shall take effect July 1, 2026. 62