Florida Statute 627.0629 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.0629

627.0629 Residential property insurance; rate filings.—

(1) It is the intent of the Legislature that insurers provide savings to consumers who install or implement windstorm damage mitigation techniques, alterations, or solutions to their properties to prevent windstorm losses. A rate filing for residential property insurance must include actuarially reasonable discounts, credits, or other rate differentials, or appropriate reductions in deductibles, for properties on which fixtures or construction techniques demonstrated to reduce the amount of loss in a windstorm have been installed or implemented. The fixtures or construction techniques must include, but are not limited to, fixtures or construction techniques that enhance wind uplift prevention, roof strength, roof covering performance, roof-to-wall strength, wall-to-floor-to-foundation strength, opening protection, and window, door, and skylight strength. Credits, discounts, or other rate differentials, or appropriate reductions in deductibles, for fixtures and construction techniques that meet the minimum requirements of the Florida Building Code must be included in the rate filing. The office shall determine the discounts, credits, other rate differentials, and appropriate reductions in deductibles that reflect the full actuarial value of such revaluation, which may be used by insurers in rate filings. Effective October 1, 2023, each insurer subject to the requirements of this section must provide information on the insurer’s website describing the hurricane mitigation discounts available to policyholders. Such information must be accessible on, or through a hyperlink located on, the home page of the insurer’s website or the primary page of the insurer’s website for property insurance policyholders or applicants for such coverage in this state. On or before January 1, 2025, and every 5 years thereafter, the office shall reevaluate and update the fixtures or construction techniques demonstrated to reduce the amount of loss in a windstorm and the discounts, credits, other rate differentials, and appropriate reductions in deductibles that reflect the full actuarial value of such fixtures or construction techniques. The office shall adopt rules and forms necessitated by such reevaluation.

(2)(a) A rate filing for residential property insurance made on or before the implementation of paragraph (b) may include rate factors that reflect the manner in which building code enforcement in a particular jurisdiction addresses the risk of wind damage; however, such a rate filing must also provide for variations from such rate factors on an individual basis based on an inspection of a particular structure by a licensed home inspector, which inspection may be at the cost of the insured.

(b) A rate filing for residential property insurance made more than 150 days after approval by the office of a building code rating factor plan submitted by a statewide rating organization shall include positive and negative rate factors that reflect the manner in which building code enforcement in a particular jurisdiction addresses risk of wind damage. The rate filing shall include variations from standard rate factors on an individual basis based on inspection of a particular structure by a licensed home inspector. If an inspection is requested by the insured, the insurer may require the insured to pay the reasonable cost of the inspection. This paragraph applies to structures constructed or renovated after the implementation of this paragraph.

(c) The premium notice shall specify the amount by which the rate has been adjusted as a result of this subsection and shall also specify the maximum possible positive and negative adjustments that are approved for use by the insurer under this subsection.

(3) A rate filing for mobile home owner insurance must include appropriate discounts, credits, or other rate differentials for mobile homes constructed to comply with American Society of Civil Engineers Standard ANSI/ASCE 7-88, adopted by the United States Department of Housing and Urban Development on July 13, 1994, and that also comply with all applicable tie-down requirements provided by state law.

(4) The Legislature finds that separate consideration and notice of hurricane insurance premiums will assist consumers by providing greater assurance that hurricane premiums are lawful and by providing more complete information regarding the components of property insurance premiums. A rate filing for residential property insurance shall be separated into two components, rates for hurricane coverage and rates for all other coverages. A premium notice reflecting a rate implemented on the basis of such a filing shall separately indicate the premium for hurricane coverage and the premium for all other coverages.

(5) In order to provide an appropriate transition period, an insurer may implement an approved rate filing for residential property insurance over a period of years. Such insurer must provide an informational notice to the office setting out its schedule for implementation of the phased-in rate filing.

(6) Any rate filing that is based in whole or part on data from a computer model may not exceed 15 percent unless there is a public hearing.

(7) An insurer may implement appropriate discounts or other rate differentials of up to 10 percent of the annual premium to mobile home owners who provide to the insurer evidence of a current inspection of tie-downs for the mobile home, certifying that the tie-downs have been properly installed and are in good condition.

(8) A property insurance rate filing that includes any adjustments related to premiums paid to the Florida Hurricane Catastrophe Fund must include a complete calculation of the insurer’s catastrophe load, and the information in the filing may not be limited solely to recovery of moneys paid to the fund.

(9) An insurer may file with the office a personal lines residential property insurance rating plan that provides justified premium discounts, credits, or other rate differentials based on windstorm mitigation construction standards developed by an independent, nonprofit scientific research organization, if such standards meet the requirements of this section. Such plan must describe the manner in which the insurer will document the existence of the mitigation features and premium discounts, credits, or other rate differentials created under such plan.

History.—s. 13, ch. 93-410; s. 7, ch. 95-276; s. 7, ch. 96-194; s. 4, ch. 97-55; s. 99, ch. 2000-141; ss. 34, 42, ch. 2001-186; ss. 3, 9, ch. 2001-372; s. 20, ch. 2002-293; s. 1067, ch. 2003-261; s. 5, ch. 2005-111; s. 14, ch. 2006-12; ss. 19, 44, ch. 2007-1; s. 12, ch. 2008-66; s. 9, ch. 2009-87; s. 1, ch. 2011-12; s. 14, ch. 2011-39; s. 432, ch. 2011-142; s. 6, ch. 2013-60; s. 39, ch. 2017-3; s. 16, ch. 2023-172; s. 2, ch. 2023-175; s. 5, ch. 2023-217.

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Amendments to 627.0629

Arrestable Offenses / Crimes under Fla. Stat. 627.0629

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.0629.

Annotations, Discussions, Cases:

Cases Citing Statute 627.0629

Total Results: 20

Paylan v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: conclusions of law. See Taluy v. State, 385 So. 3d 627, 629 (Fla. 2d DCA 2024) (quoting Campbell v. State

William Huether, III, M.D., and Adventist Health System/Sunbelt, Inc. D/B/A Adventhealth Altamonte Springs F/K/A Florida Hospital Altamonte, Huether, III, M.D. v. Valeria Baroni

Court: District Court of Appeal of Florida | Date Filed: 2024-08-20

Snippet: In Laycock v. TMS Logistics, Inc., 209 So. 3d 627, 629 (Fla. 1st DCA 2017), the esteemed majority, in

William Huether, III, M.D., and Adventist Health System/Sunbelt, Inc. D/B/A Adventhealth Altamonte Springs F/K/A Florida Hospital Altamonte, Huether, III, M.D. v. Valeria Baroni

Court: District Court of Appeal of Florida | Date Filed: 2024-08-20

Snippet: In Laycock v. TMS Logistics, Inc., 209 So. 3d 627, 629 (Fla. 1st DCA 2017), the esteemed majority, in

William Huether, III, M.D., and Adventist Health System/Sunbelt, Inc. D/B/A Adventhealth Altamonte Springs F/K/A Florida Hospital Altamonte, Huether, III, M.D. v. Valeria Baroni

Court: District Court of Appeal of Florida | Date Filed: 2024-08-20

Snippet: In Laycock v. TMS Logistics, Inc., 209 So. 3d 627, 629 (Fla. 1st DCA 2017), the esteemed majority, in

KEANDRE DASHAWN IVORY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-03-20

Snippet: (first citing Hollingshead v. State, 846 So. 2d 627, 629 (Fla. 4th DCA 2003); and then quoting McMann v

DANITY LITTLE, AS TRUSTEE OF THE DANITY M. LITTLE DECLARATION OF TRUST DATED JUNE 1, 2005 AND DANITY LITTLE v. MARK TURNBOW AND CONNIE GRZEMBSKI

Court: District Court of Appeal of Florida | Date Filed: 2024-02-09

Snippet: Ocwen Loan Servicing, LLC v. Brogdon, 185 So. 3d 627, 629 (Fla. 5th DCA 2016) (citing Wells Fargo Bank,

ROYAL CARIBBEAN CRUISES LTD. v. EAN-HUI OOI

Court: District Court of Appeal of Florida | Date Filed: 2023-08-23

Snippet: 2021) (quoting Cermesoni v. Maneiro, 144 So. 3d 627, 629 (Fla. 3d DCA 2014) (emphasis added)) (“In Florida

VEREIT REAL ESTATE, L.P. v. FITNESS INTERNATIONAL, LLC

Court: District Court of Appeal of Florida | Date Filed: 2023-05-17

Snippet: at Amelia Passage, LLC v. Williams, 343 So. 3d 627, 629-30 (Fla. 1st DCA 2022).

CA FLORIDA HOLDINGS, LLC, Publisher of THE PALM BEACH POST v. DAVE ARONBERG, as State Attorney of Palm Beach County, Florida

Court: District Court of Appeal of Florida | Date Filed: 2023-05-10

Snippet: (Fla. 1st DCA 1982); Jackman v. State, 140 So. 2d 627, 629 (Fla. 3d DCA 1962). Those cases hold that

MOSHE ZUCHAER v. PENINSULA CONDOMINIUM ASSOCIATION INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-09-30

Snippet: Ocwen Loan Servicing, LLC v. Brogdon, 185 So. 3d 627, 629 (Fla. 5th DCA 2016)). Here, appellants established

SUZANNE TROMBINO, individually and as Trustee, etc. v. DALE ECHEVERRIA

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: v. Attorneys’ Title Ins. Fund, Inc., 6 So. 3d 627, 629 (Fla. 4th DCA 2009). This argument was not preserved

1906 COLLINS LLC, etc. v. MIGUEL ANGEL CHIBRAS ROMERO

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

Snippet: Transitional Hosps. Corp. of Tampa, Inc., 44 So. 3d 627, 629 (Fla. 2d DCA 2010) (explaining that “[a]s a general

LUMENES PIERRE v. AMERICAN SECURITY INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2022-06-22

Snippet: Ocwen Loan Servicing, LLC v. Brogden, 185 So. 3d 627, 629–30 (Fla. 5th DCA 2016) (finding excusable neglect

PHILIP MORRIS USA, INC. v. BARBARA COHEN, as Personal representative of the ESTATE OF RITA SHIFRIN

Court: District Court of Appeal of Florida | Date Filed: 2022-06-08

Snippet: conduct of appellants”); Finol v. Finol, 912 So. 2d 627, 629 (Fla. 4th DCA 2005) (granting petition for certiorari

Tribeca Asset Management, Inc. v. Ancla International, S.A.

Court: Supreme Court of Florida | Date Filed: 2022-03-24

Snippet: -3- Am., Inc., 408 So. 2d 627, 629 (Fla. 2d DCA 1981). Choice of law clauses consistently

NYC CONSTRUCTION GROUP, INC. v. ANIEL JEROME and ERROL WILSON

Court: District Court of Appeal of Florida | Date Filed: 2022-02-02

Snippet: Ocwen Loan Servicing, LLC v. Brogdon, 185 So. 3d 627, 629–30 (Fla. 5th DCA 2016) (reversing the denial of

EDGARDO PINEDA HERNANDEZ v. CLAUDIA ELENA CAMACHO

Court: District Court of Appeal of Florida | Date Filed: 2021-01-27

Snippet: Guatemala”); Cermesoni v. Maneiro, 144 So. 3d 627, 629 (Fla. 3d DCA 2014) (“A foreign decree is entitled

RAFAEL ANTONIO OLVERA AMEZCUA v. HECTOR ARMANDO VEJAR CORTEZ

Court: District Court of Appeal of Florida | Date Filed: 2021-01-13

Snippet: foreign courts.” Cermesoni v. Maneiro, 144 So. 3d 627, 629 (Fla. 3d DCA 2014). Here, it is uncontroverted

RESTORATION 1 OF PORT ST. LUCIE, a/a/o JOHN and LIZA SQUITIERI v. ARK ROYAL INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2018-09-05

Citation: 255 So. 3d 344

Snippet: State, Office of Ins. Regulation, 177 So. 3d 627, 629 (Fla. 1st DCA 2015) (affirming OIR’s denial of

Kraig Alexander Williams v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-08-16

Citation: 258 So. 3d 502

Snippet: public at large. In Denson v. State, 609 So. 2d 627, 629 (Fla. 4th DCA 1992), the court stated: Not