(c) –
F.S. 768.81 was amended to read as follows: 768.81 Com parative fault.
1. By January 1, 2025, the owner or principal operator of a multifamily residential property provides proper crime deterrence and safety training to its current After January 1, 2025, the owner or principal operator must provide such training to an employee within 60 days after his or her hire date for purposes of this paragraph. 2. For purposes of this paragraph, “proper crime deterrence and safety training” means training which trains and familiarizes employees with the security principles, devices, measures, and standards set forth under paragraph (a), and which is reviewed at least every 3 years and updated as necessary. The owner or principal operator may request a law enforcement agency or the Florida Crime Prevention Through Environmental Design Practitioner performing the assessment under paragraph (b) to review the training curriculum. 3. For purposes of establishing the presumption against liability under subsection (2), the burden of proof is on the owner or principal operator to demonstrate that the owner or principal operator has substantially implemented the security measures specified in subsection (2).
(6) GREATER PERCENTAGE OF FAULT. - In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence p ursuant to chapter 766. F.S. 627.756 was amended to read as follows: (1) In a suit Section 428 applies to suits brought by an owner, a contractor, a subcontractor, a laborer, or a materialman owners, contractors, subcontractors, laborers, and materialmen against a surety insurer under payment or performance bonds written by the insurer under the laws of this state to indemnify against pecuniary loss by breach of a building or construction contract, upon the rendition of a judgment or
decree by any of the courts of this state against the surety insurer and in favor of the owner, contractor, subcontractor, laborer, or materialman, the trial court or, in the event of an appeal in which the owner, contractor, subcontractor, laborer, or materialman prevails, the appellate court, shall adjudge or decree against the surety insurer and in favor of the owner, contractor, subcontractor, laborer, or materialman a reasonable sum as fees or compensation for the attorney prosecuting the suit in which the recovery is had. Owners, contractors, subcontractors, laborers, and materialmen shall be deemed to be insureds or beneficiaries for the purposes of this section.
(4) The Florida Crime Prevention Training Institute of the Department of Legal Affairs shall develop a proposed curriculum or best practices for owners or principal operators to implement such training. The state has no liability in connection with providing a proposed training curriculum under this subsection. Insurer Accountability [Chapter 2023-172, SB 7052, Effective July 1, 2023] Summary This bill stipulates provisions intended to increase consumer protection and insurer accountability in Florida. Among other provisions, it clarifies that if a roof deductible is applied, the prohibition on applying any other deductible under the policy encompasses any other loss to the property caused by the same covered peril. It revises requirements and conditions for certain insurer market conduct examinations after a hurricane; specifies factors the office may consider in determining whether the continued operation of an insurer may be deemed to be hazardous to its policyholders, creditors, or the general public; revises and specifies fines for unfair methods of competition and unfair or deceptive acts or practices, etc. This bill created F.S. 624.115 - Referral of criminal violations, which specifies a requirement for the OIR in referring criminal violations to the Division of Investigative and Forensic Services, state or federal law enforcement, or prosecutorial agencies and shall provide investigative assistance to those agencies as required. F.S. 624.307 was amended authorizing electronic responses to certain requests from the Division of Consumer Services of the Department of Financial Services concerning consumer complaints and changing the required time for response from 20 to 14 days. It prohibits Citizens Property Insurance Corporation from determining that a risk is ineligible for coverage solely on a specified basis by amending F.S. 627.351 as follows: (6) Citizens Property Insurance Corporation: (mm) The corporation may not determine that a risk is
the earlier of 24 months after the date the Florida Insurance Guaranty Association began servicing such claim or the Florida Insurance Guaranty Association closes the claim. F.S. 627.70132 Notice of property insurance claim was amended to read: (2) A claim or reopened claim, but not a supplemental claim, under an insurance policy that provides property insurance, as defined in s. 624.604, including a property insurance policy issued by an eligible surplus lines insurer, for loss or damage caused by any peril is barred unless notice of the claim was given to the insurer in accordance with the terms of the policy within 1 year after the date of A supplemental claim is barred unless notice of the supplemental claim was given to the insurer in accordance with the terms of the policy within 18 months after the date of loss. The time limitations of this subsection are tolled during any term of deployment to a combat zone or combat support posting which materially affects the ability of a named insured who is a servicemember as defined in s. 250.01 to file a claim, supplemental claim, or reopened claim. This bill added to F.S. 624.3161 Market conduct examinations, regarding claims handling - Requires liability insurers to follow proper claims handling practices on behalf of their policyholders and increasing penalties for insurers who don’t. It added to F.S. 626.9541 Unfair methods of competition and unfair or deceptive acts or practices defined, provisions including: ● Prohibits alteration or amendment of an adjuster’s report without providing a detailed explanation as to why any change that has the effect of reducing the estimate of the loss was The insurer must also either create a list of changes and who made them or retain all versions of the report. ● Increases maximum administrative fines that may be levied by the OIR on insurers by 250 percent generally, and 500 percent for violations stemming from a state of emergency, such as a hurricane.
ineligible for coverage with the corporation solely because such risk has unrepaired damage caused by a covered loss that is the subject of a claim that has been filed with the Florida Insurance Guaranty Association. This paragraph applies to a risk until
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