Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 1064
Ì142260qÎ142260
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Judiciary (Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (r) is added to subsection (1) of
6 section 489.129, Florida Statutes, to read:
7 489.129 Disciplinary proceedings.—
8 (1) The board may take any of the following actions against
9 any certificateholder or registrant: place on probation or
10 reprimand the licensee, revoke, suspend, or deny the issuance or
11 renewal of the certificate or registration, require financial
12 restitution to a consumer for financial harm directly related to
13 a violation of a provision of this part, impose an
14 administrative fine not to exceed $10,000 per violation, require
15 continuing education, or assess costs associated with
16 investigation and prosecution, if the contractor, financially
17 responsible officer, or business organization for which the
18 contractor is a primary qualifying agent, a financially
19 responsible officer, or a secondary qualifying agent responsible
20 under s. 489.1195 is found guilty of any of the following acts:
21 (r) Directly or indirectly receiving or accepting any
22 compensation, inducement, or reward from a person for the
23 referral of any business by the contractor.
24
25 For the purposes of this subsection, construction is considered
26 to be commenced when the contract is executed and the contractor
27 has accepted funds from the customer or lender. A contractor
28 does not commit a violation of this subsection when the
29 contractor relies on a building code interpretation rendered by
30 a building official or person authorized by s. 553.80 to enforce
31 the building code, absent a finding of fraud or deceit in the
32 practice of contracting, or gross negligence, repeated
33 negligence, or negligence resulting in a significant danger to
34 life or property on the part of the building official, in a
35 proceeding under chapter 120.
36 Section 2. Section 627.422, Florida Statutes, is amended to
37 read:
38 627.422 Assignment of policies; restrictions on post-loss
39 assignments of policy benefits.—
40 (1) A policy may be assignable, or not assignable, as
41 provided by the policy its terms. Subject to its terms relating
42 to assignability, any life or health insurance policy under the
43 terms of which the beneficiary may be changed upon the sole
44 request of the policyowner may be assigned either by pledge or
45 transfer of title, by an assignment executed by the policyowner
46 alone and delivered to the insurer, regardless of whether or not
47 the pledgee or assignee is the insurer. Any such assignment
48 entitles shall entitle the insurer to deal with the assignee as
49 the owner or pledgee of the policy in accordance with the terms
50 of the assignment, until the insurer has received at its home
51 office written notice of termination of the assignment or pledge
52 or written notice by or on behalf of some other person claiming
53 some interest in the policy in conflict with the assignment.
54 (2) If a policyowner of a property insurance policy acts
55 under urgent or emergency circumstances to protect his or her
56 property and enters into an agreement with another person to
57 provide services or materials to protect such property, the
58 provider of such services or materials may only receive at that
59 time, and for a period of 10 days after the conclusion of the
60 urgent or emergency circumstances, an assignment of the right to
61 receive an amount of benefits under the policy which is actually
62 necessary to alleviate the urgent or emergency circumstances and
63 to prevent additional damage from occurring to property covered
64 by the policy. A post-loss assignment of rights, benefits,
65 causes of action, or other contractual rights in violation of
66 this subsection is void.
67 Section 3. This act shall take effect July 1, 2015.
68
69 ================= T I T L E A M E N D M E N T ================
70 And the title is amended as follows:
71 Delete everything before the enacting clause
72 and insert:
73 A bill to be entitled
74 An act relating to insurance claims; amending s.
75 489.129, F.S.; providing that the Construction
76 Industry Licensing Board may take specified
77 disciplinary action against contractors that receive
78 or accept any compensation, inducement, or reward for
79 the referral of business; amending s. 627.422, F.S.;
80 specifying restrictions for an assignment of benefits
81 by a policyowner of a property insurance policy under
82 certain urgent or emergency circumstances; providing
83 that a post-loss assignment in violation of the act is
84 void; providing an effective date.