Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1492
       
       
       
       
       
       
                                Ì9577146Î957714                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/04/2020           .                                
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       The Committee on Banking and Insurance (Wright) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (9) of section
    6  501.0051, Florida Statutes, is amended to read:
    7         501.0051 Protected consumer report security freeze.—
    8         (9)
    9         (b) A consumer reporting agency may not charge to a
   10  reasonable fee, not to exceed $10, if the representative fails
   11  to retain the original unique personal identifier provided by
   12  the consumer reporting agency and the agency must reissue the
   13  unique personal identifier or provide a new unique personal
   14  identifier to the consumer representative.
   15         Section 2. Paragraph (b) of subsection (10) of section
   16  624.307, Florida Statutes, is amended to read:
   17         624.307 General powers; duties.—
   18         (10)
   19         (b) Any entity person licensed or issued a certificate of
   20  authority by the department or the office shall respond, in
   21  writing, to the division within 20 days after receipt of a
   22  written request for documents and information from the division
   23  concerning a consumer complaint. The response must address the
   24  issues and allegations raised in the complaint and include any
   25  requested documents concerning the consumer complaint not
   26  subject to attorney-client or work-product privilege. The
   27  division may impose an administrative penalty for failure to
   28  comply with this paragraph of up to $2,500 per violation upon
   29  any entity licensed by the department or the office and $250 for
   30  the first violation, $500 for the second violation, and up to
   31  $1,000 for the third or subsequent violation upon any individual
   32  licensed by the department or the office.
   33         Section 3. Present subsection (9) of section 626.112,
   34  Florida Statutes, is redesignated as subsection (10), a new
   35  subsection (9) is added to that section, and paragraph (d) of
   36  subsection (7) and present subsection (9) of that section are
   37  amended, to read:
   38         626.112 License and appointment required; agents, customer
   39  representatives, adjusters, insurance agencies, service
   40  representatives, managing general agents, insurance adjusting
   41  firms.—
   42         (7)
   43         (d)Effective October 1, 2015, the department must
   44  automatically convert the registration of an approved registered
   45  insurance agency to an insurance agency license.
   46         (9)(a)An individual, firm, partnership, corporation,
   47  association, or other entity may not act in its own name or
   48  under a trade name, directly or indirectly, as an adjusting firm
   49  unless it complies with s. 626.8696 with respect to possessing
   50  an adjusting firm license for each place of business at which it
   51  engages in an activity that may be performed only by a licensed
   52  insurance adjuster. However, an adjusting firm that is owned and
   53  operated by a single licensed adjuster conducting business in
   54  his or her individual name and not employing or otherwise using
   55  the services of or appointing other licensees is exempt from the
   56  adjusting firm licensing requirements of this subsection.
   57         (b)A branch place of business that is established by a
   58  licensed adjusting firm is considered a branch firm and is not
   59  required to be licensed if:
   60         1.It transacts business under the same name and federal
   61  tax identification number as the licensed adjusting firm;
   62         2.It has designated with the department a primary adjuster
   63  operating the location as required by s. 626.8695; and
   64         3.The address and telephone number of the branch location
   65  have been submitted to the department for inclusion in the
   66  licensing record of the licensed adjusting firm within 30 days
   67  after insurance transactions begin at the branch location.
   68         (c)If an adjusting firm is required to be licensed but
   69  fails to file an application for licensure in accordance with
   70  this section, the department shall impose on the firm an
   71  administrative penalty of up to $10,000.
   72         (10)(9) Any person who knowingly transacts insurance or
   73  otherwise engages in insurance activities in this state without
   74  a license in violation of this section or who knowingly aids or
   75  abets an unlicensed person in transacting insurance or otherwise
   76  engaging in insurance activities in this state without a license
   77  commits a felony of the third degree, punishable as provided in
   78  s. 775.082, s. 775.083, or s. 775.084.
   79         Section 4. Subsection (4) is added to section 626.602,
   80  Florida Statutes, to read:
   81         626.602 Insurance agency names; disapproval.—The department
   82  may disapprove the use of any true or fictitious name, other
   83  than the bona fide natural name of an individual, by any
   84  insurance agency on any of the following grounds:
   85         (4)The name contains the word “Medicare” or “Medicaid.” An
   86  insurance agency whose name contains the word “Medicare” or
   87  “Medicaid” but which is licensed as of July 1, 2020, may
   88  continue to use that name as long as the agency’s license is
   89  valid. If the agency’s license expires or is suspended or
   90  revoked, the agency may not be relicensed using that name.
   91         Section 5. Subsections (16) and (17) are added to section
   92  626.621, Florida Statutes, to read:
   93         626.621 Grounds for discretionary refusal, suspension, or
   94  revocation of agent’s, adjuster’s, customer representative’s,
   95  service representative’s, or managing general agent’s license or
   96  appointment.—The department may, in its discretion, deny an
   97  application for, suspend, revoke, or refuse to renew or continue
   98  the license or appointment of any applicant, agent, adjuster,
   99  customer representative, service representative, or managing
  100  general agent, and it may suspend or revoke the eligibility to
  101  hold a license or appointment of any such person, if it finds
  102  that as to the applicant, licensee, or appointee any one or more
  103  of the following applicable grounds exist under circumstances
  104  for which such denial, suspension, revocation, or refusal is not
  105  mandatory under s. 626.611:
  106         (16)Taking an action that allows the personal financial or
  107  medical information of a consumer or customer to be made
  108  available or accessible to the general public, regardless of the
  109  format in which the record is stored.
  110         (17)Initiating in-person or telephone solicitation after 9
  111  p.m. or before 8 a.m. local time of the prospective customer
  112  unless requested by the prospective customer.
  113         Section 6. Section 626.782, Florida Statutes, is amended to
  114  read:
  115         626.782 “Industrial class insurer” defined.—An “industrial
  116  class insurer” is an insurer collecting premiums on policies of
  117  writing industrial life insurance, as defined in s. 627.502,
  118  written before July 1, 2020, and as to such insurance, operates
  119  under a system of collecting a debit by its agent.
  120         Section 7. Section 626.783, Florida Statutes, is amended to
  121  read:
  122         626.783 “Ordinary-combination class insurer” defined.—An
  123  “ordinary-combination class insurer” is an insurer writing both
  124  ordinary class insurance and collecting premiums on existing
  125  industrial life class insurance under s. 626.782.
  126         Section 8. Section 626.796, Florida Statutes, is repealed.
  127         Section 9. Subsection (1) of section 626.8443, Florida
  128  Statutes, is amended to read:
  129         626.8443 Duration of suspension or revocation.—
  130         (1) The department shall, in its order suspending a title
  131  insurance agent’s or agency’s license or appointment or in its
  132  order suspending the eligibility of a person to hold or apply
  133  for such license or appointment, specify the period during which
  134  the suspension is to be in effect, but such period shall not
  135  exceed 2 years 1 year. The license, or appointment, or
  136  eligibility shall remain suspended during the period so
  137  specified, subject, however, to any rescission or modification
  138  of the order by the department, or modification or reversal
  139  thereof by the court, prior to expiration of the suspension
  140  period. A license, appointment, or eligibility that which has
  141  been suspended may not be reinstated except upon request for
  142  such reinstatement, but the department shall not grant such
  143  reinstatement if it finds that the circumstance or circumstances
  144  for which the license, appointment, and eligibility was
  145  suspended still exist or are likely to recur.
  146         Section 10. Subsection (6) of section 626.854, Florida
  147  Statutes, is amended to read:
  148         626.854 “Public adjuster” defined; prohibitions.—The
  149  Legislature finds that it is necessary for the protection of the
  150  public to regulate public insurance adjusters and to prevent the
  151  unauthorized practice of law.
  152         (6) Except during a state of emergency declared by the
  153  Governor and except during the 1-year period after the date of
  154  loss, an insured or claimant may cancel a public adjuster’s
  155  contract to adjust a claim without penalty or obligation within
  156  7 calendar 3 business days after the date on which the contract
  157  is executed or within 7 calendar 3 business days after the date
  158  on which the insured or claimant has notified the insurer of the
  159  claim, whichever is later. During a state of emergency declared
  160  by the Governor or during the 1-year period after the date of
  161  loss, an insured or claimant may cancel a public adjuster’s
  162  contract to adjust a claim without penalty or obligation within
  163  21 calendar days after the date on which the contract is
  164  executed or within 21 calendar days after the date on which the
  165  insured or claimant has notified the insurer of the claim,
  166  whichever is later. The public adjuster’s contract must disclose
  167  to the insured or claimant his or her right to cancel the
  168  contract and advise the insured or claimant that notice of
  169  cancellation must be submitted in writing and sent by certified
  170  mail, return receipt requested, or other form of mailing that
  171  provides proof thereof, to the public adjuster at the address
  172  specified in the contract; provided, during any state of
  173  emergency as declared by the Governor and for 1 year after the
  174  date of loss, the insured or claimant has 5 business days after
  175  the date on which the contract is executed to cancel a public
  176  adjuster’s contract.
  177         Section 11. Effective January 1, 2021, subsection (3) of
  178  section 626.916, Florida Statutes, is amended, and paragraph (f)
  179  is added to subsection (1) of that section, to read:
  180         626.916 Eligibility for export.—
  181         (1) No insurance coverage shall be eligible for export
  182  unless it meets all of the following conditions:
  183         (f)The insured has signed or otherwise provided documented
  184  acknowledgement of a disclosure in substantially the following
  185  form: “You are agreeing to place coverage in the surplus lines
  186  market. Coverage may be available in the admitted market.
  187  Persons insured by surplus lines carriers are not protected
  188  under the Florida Insurance Guaranty Act with respect to any
  189  right of recovery for the obligation of an insolvent unlicensed
  190  insurer.”
  191         (3)(a) Subsection (1) does not apply to wet marine and
  192  transportation or aviation risks that which are subject to s.
  193  626.917.
  194         (b) Paragraphs (1)(a)-(d) do not apply to classes of
  195  insurance which are subject to s. 627.062(3)(d)1. These classes
  196  may be exportable under the following conditions:
  197         1. The insurance must be placed only by or through a
  198  surplus lines agent licensed in this state;
  199         2. The insurer must be made eligible under s. 626.918; and
  200         3. The insured has complied with must sign a disclosure
  201  paragraph (1)(f) that substantially provides the following: “You
  202  are agreeing to place coverage in the surplus lines market.
  203  Superior coverage may be available in the admitted market and at
  204  a lesser cost. Persons insured by surplus lines carriers are not
  205  protected under the Florida Insurance Guaranty Act with respect
  206  to any right of recovery for the obligation of an insolvent
  207  unlicensed insurer.” If the disclosure notice is signed by the
  208  insured, the insured is presumed to have been informed and to
  209  know that other coverage may be available, and, with respect to
  210  the diligent-effort requirement under subsection (1), there is
  211  no liability on the part of, and no cause of action arises
  212  against, the retail agent presenting the form.
  213         Section 12. Paragraph (z) of subsection (1) of section
  214  626.9541, Florida Statutes, is amended to read:
  215         626.9541 Unfair methods of competition and unfair or
  216  deceptive acts or practices defined.—
  217         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  218  ACTS.—The following are defined as unfair methods of competition
  219  and unfair or deceptive acts or practices:
  220         (z) Sliding.—Sliding is the act or practice of any of the
  221  following:
  222         1. Representing to the applicant that a specific ancillary
  223  coverage or product is required by law in conjunction with the
  224  purchase of insurance when such coverage or product is not
  225  required.;
  226         2. Representing to the applicant that a specific ancillary
  227  coverage or product is included in the policy applied for
  228  without an additional charge when such charge is required.; or
  229         3. Charging an applicant for a specific ancillary coverage
  230  or product, in addition to the cost of the insurance coverage
  231  applied for, without the informed consent of the applicant.
  232         4.Initiating, effectuating, binding, or otherwise issuing
  233  a policy of insurance without the prior informed consent of the
  234  owner of the property to be insured.
  235         5.Mailing, transmitting, or otherwise submitting by any
  236  means an invoice for premium payment to a mortgagee or escrow
  237  agent, for the purpose of effectuating an insurance policy,
  238  without the prior informed consent of the owner of the property
  239  to be insured. However, this subparagraph does not apply in
  240  cases where the mortgagee or escrow is renewing insurance or
  241  issuing collateral protection insurance, as defined in s.
  242  624.6085, pursuant to the mortgage or other pertinent loan
  243  documents or communications regarding the property.
  244         Section 13. Effective January 1, 2021, subsection (3) of
  245  section 626.9741, Florida Statutes, is amended to read:
  246         626.9741 Use of credit reports and credit scores by
  247  insurers.—
  248         (3) An insurer must inform an applicant or insured, in the
  249  same medium as the application is taken, that a credit report or
  250  score is being requested for underwriting or rating purposes.
  251  The notification to the consumer must include the following
  252  language: “The Department of Financial Services offers free
  253  financial literacy programs to assist you with insurance-related
  254  questions, including how credit works and how credit scores are
  255  calculated. To learn more, call 1-877-693-5236 or visit
  256  www.MyFloridaCFO.com.” An insurer that makes an adverse decision
  257  based, in whole or in part, upon a credit report must provide at
  258  no charge, a copy of the credit report to the applicant or
  259  insured or provide the applicant or insured with the name,
  260  address, and telephone number of the consumer reporting agency
  261  from which the insured or applicant may obtain the credit
  262  report. The insurer must provide notification to the consumer
  263  explaining the reasons for the adverse decision. The reasons
  264  must be provided in sufficiently clear and specific language so
  265  that a person can identify the basis for the insurer’s adverse
  266  decision. Such notification shall include a description of the
  267  four primary reasons, or such fewer number as existed, which
  268  were the primary influences of the adverse decision. The use of
  269  generalized terms such as “poor credit history,” “poor credit
  270  rating,” or “poor insurance score” does not meet the explanation
  271  requirements of this subsection. A credit score may not be used
  272  in underwriting or rating insurance unless the scoring process
  273  produces information in sufficient detail to permit compliance
  274  with the requirements of this subsection. It shall not be deemed
  275  an adverse decision if, due to the insured’s credit report or
  276  credit score, the insured continues to receive a less favorable
  277  rate or placement in a less favorable tier or company at the
  278  time of renewal except for renewals or reunderwriting required
  279  by this section.
  280         Section 14. Subsection (1) of section 626.9957, Florida
  281  Statutes, is amended to read:
  282         626.9957 Conduct prohibited; denial, revocation, or
  283  suspension of registration.—
  284         (1) As provided in s. 626.112, only a person licensed as an
  285  insurance agent or customer representative may engage in the
  286  solicitation of insurance. A person who engages in the
  287  solicitation of insurance as described in s. 626.112(1) without
  288  such license is subject to the penalties provided under s.
  289  626.112(10) s. 626.112(9).
  290         Section 15. Subsection (10) of section 627.062, Florida
  291  Statutes, is amended to read:
  292         627.062 Rate standards.—
  293         (10) Any interest paid pursuant to s. 627.70131(7) s.
  294  627.70131(5) may not be included in the insurer’s rate base and
  295  may not be used to justify a rate or rate change.
  296         Section 16. Effective January 1, 2021, subsection (6) is
  297  added to section 627.421, Florida Statutes, to read:
  298         627.421 Delivery of policy.—
  299         (6)For personal lines residential property insurance
  300  policies, the insurer shall, between March 1 and June 1 of each
  301  year, inclusive, deliver an outline of the hurricane coverage as
  302  specified in s. 627.4143(3), along with a current policy
  303  declarations page. This requirement shall apply only for those
  304  insureds who have provided the insurer with a valid e-mail
  305  address. This information shall be delivered directly to the
  306  policyholder via email or by an e-mail notice of information
  307  being posted to a secure web-based policy information page.
  308         Section 17. Section 627.502, Florida Statutes, is amended
  309  to read:
  310         627.502 “Industrial life insurance” defined; reporting;
  311  prohibition on new policies after a certain date.—
  312         (1) For the purposes of this code, “industrial life
  313  insurance” is that form of life insurance written under policies
  314  under which premiums are payable monthly or more often, bearing
  315  the words “industrial policy” or “weekly premium policy” or
  316  words of similar import imprinted upon the policies as part of
  317  the descriptive matter, and issued by an insurer that which, as
  318  to such industrial life insurance, is operating under a system
  319  of collecting a debit by its agent.
  320         (2) Every life insurer servicing existing transacting
  321  industrial life insurance shall report to the office all annual
  322  statement data regarding the exhibit of life insurance,
  323  including relevant information for industrial life insurance.
  324         (3)Beginning July 1, 2020, a life insurer may not write a
  325  new policy of industrial life insurance.
  326         Section 18. Effective January 1, 2021, section 627.70131,
  327  Florida Statutes, is amended to read:
  328         627.70131 Insurer’s duty to acknowledge communications
  329  regarding claims; investigation.—
  330         (1)(a) Upon an insurer’s receiving a communication with
  331  respect to a claim, the insurer shall, within 14 calendar days,
  332  review and acknowledge receipt of such communication unless
  333  payment is made within that period of time or unless the failure
  334  to acknowledge is caused by factors beyond the control of the
  335  insurer which reasonably prevent such acknowledgment. If the
  336  acknowledgment is not in writing, a notification indicating
  337  acknowledgment shall be made in the insurer’s claim file and
  338  dated. A communication made to or by a representative an agent
  339  of an insurer with respect to a claim shall constitute
  340  communication to or by the insurer.
  341         (b) As used in this subsection, the term “representative”
  342  “agent” means any person to whom an insurer has granted
  343  authority or responsibility to receive or make such
  344  communications with respect to claims on behalf of the insurer.
  345         (c) This subsection shall not apply to claimants
  346  represented by counsel beyond those communications necessary to
  347  provide forms and instructions.
  348         (2) Such acknowledgment shall be responsive to the
  349  communication. If the communication constitutes a notification
  350  of a claim, unless the acknowledgment reasonably advises the
  351  claimant that the claim appears not to be covered by the
  352  insurer, the acknowledgment shall provide necessary claim forms,
  353  and instructions, including an appropriate telephone number.
  354         (3)(a) Unless otherwise provided by the policy of insurance
  355  or by law, within 10 business working days after an insurer
  356  receives proof of loss statements, the insurer shall begin such
  357  investigation as is reasonably necessary unless the failure to
  358  begin such investigation is caused by factors beyond the control
  359  of the insurer which reasonably prevent the commencement of such
  360  investigation.
  361         (b)If such investigation involves a physical inspection of
  362  the property, the licensed adjuster assigned by the insurer must
  363  provide the policyholder with his or her name, license number,
  364  and contact information.
  365         (c)If an insurer assigns the claim to a different licensed
  366  adjuster from the adjuster who performed the physical
  367  inspection, the insurer must, within 14 days after changing the
  368  licensed insurance adjuster assigned to a claim, provide the
  369  name, license number, and contact information of the new
  370  adjuster to the policyholder. The notification may be made
  371  electronically or via mail. If the notification is a physical
  372  letter, it must be postmarked within 14 days after the change in
  373  adjuster. The policyholder must be provided notice of any
  374  subsequent change to the assigned adjuster as set forth by this
  375  paragraph.
  376         (4) An insurer shall establish a process by which an agent
  377  of record for an insurance policy receives the same notice as
  378  the policyholder as provided in paragraphs (3)(b) and (3)(c) in
  379  order to assist the agent of record in answering the
  380  policyholder’s questions regarding claims. As used in this
  381  subsection, the term “agent of record” means the agent named on
  382  the declarations page of the insurance policy or, if there is no
  383  agent of record, another designated point of contact.
  384         (5) For purposes of this section, the term “insurer” means
  385  any residential property insurer.
  386         (6)(a)When providing a preliminary or partial estimate of
  387  damage regarding a claim, an insurer shall include with the
  388  estimate the following statement printed in at least 12-point
  389  bold, uppercase type: THIS ESTIMATE REPRESENTS OUR CURRENT
  390  EVALUATION OF THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND
  391  MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU
  392  HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING
  393  YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US.
  394         (b)When providing a payment on a claim which is not the
  395  full and final payment for the claim, an insurer shall include
  396  with the payment the following statement printed in at least 12
  397  point bold, uppercase type: WE ARE CONTINUING TO EVALUATE YOUR
  398  CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL
  399  PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL
  400  INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT
  401  US.
  402         (7)(5)(a) Within 90 calendar days after an insurer receives
  403  notice of an initial, reopened, or supplemental property
  404  insurance claim from a policyholder, the insurer shall pay or
  405  deny such claim or a portion of the claim unless the failure to
  406  pay is caused by factors beyond the control of the insurer which
  407  reasonably prevent such payment. Any payment of an initial or
  408  supplemental claim or portion of such claim made 90 calendar
  409  days after the insurer receives notice of the claim, or made
  410  more than 15 days after there are no longer factors beyond the
  411  control of the insurer which reasonably prevented such payment,
  412  whichever is later, bears interest at the rate set forth in s.
  413  55.03. Interest begins to accrue from the date the insurer
  414  receives notice of the claim. The provisions of this subsection
  415  may not be waived, voided, or nullified by the terms of the
  416  insurance policy. If there is a right to prejudgment interest,
  417  the insured shall select whether to receive prejudgment interest
  418  or interest under this subsection. Interest is payable when the
  419  claim or portion of the claim is paid. Failure to comply with
  420  this subsection constitutes a violation of this code. However,
  421  failure to comply with this subsection does not form the sole
  422  basis for a private cause of action.
  423         (b) Notwithstanding subsection (5) (4), for purposes of
  424  this subsection, the term “claim” means any of the following:
  425         1. A claim under an insurance policy providing residential
  426  coverage as defined in s. 627.4025(1);
  427         2. A claim for structural or contents coverage under a
  428  commercial property insurance policy if the insured structure is
  429  10,000 square feet or less; or
  430         3. A claim for contents coverage under a commercial tenant
  431  policy if the insured premises is 10,000 square feet or less.
  432         (c) This subsection shall not apply to claims under an
  433  insurance policy covering nonresidential commercial structures
  434  or contents in more than one state.
  435         (8)This section also applies to surplus lines insurers and
  436  surplus lines insurance authorized under ss. 626.913-626.937
  437  providing residential coverage, where coverage on the primary
  438  insured structure is less than $700,000.
  439         Section 19. Section 627.7031, Florida Statutes, is created
  440  to read:
  441         627.7031Foreign venue clauses prohibited.—After July 1,
  442  2020, a personal residential property insurance policy sold in
  443  this state, insuring only real property located in this state,
  444  may not require an insured to pursue dispute resolution through
  445  litigation, arbitration, or mediation outside this state. This
  446  section also applies to surplus lines insurers and surplus lines
  447  insurance authorized under ss. 626.913-626.937.
  448         Section 20. Effective January 1, 2021, section 627.7142,
  449  Florida Statutes, is amended to read:
  450         627.7142 Homeowner Claims Bill of Rights.—An insurer
  451  issuing a personal lines residential property insurance policy
  452  in this state must provide a Homeowner Claims Bill of Rights to
  453  a policyholder within 14 days after receiving an initial
  454  communication with respect to a claim, unless the claim follows
  455  an event that is the subject of a declaration of a state of
  456  emergency by the Governor. The purpose of the bill of rights is
  457  to summarize, in simple, nontechnical terms, existing Florida
  458  law regarding the rights of a personal lines residential
  459  property insurance policyholder who files a claim of loss. The
  460  Homeowner Claims Bill of Rights is specific to the claims
  461  process and does not represent all of a policyholder’s rights
  462  under Florida law regarding the insurance policy. The Homeowner
  463  Claims Bill of Rights does not create a civil cause of action by
  464  any individual policyholder or class of policyholders against an
  465  insurer or insurers. The failure of an insurer to properly
  466  deliver the Homeowner Claims Bill of Rights is subject to
  467  administrative enforcement by the office but is not admissible
  468  as evidence in a civil action against an insurer. The Homeowner
  469  Claims Bill of Rights does not enlarge, modify, or contravene
  470  statutory requirements, including, but not limited to, ss.
  471  626.854, 626.9541, 627.70131, 627.7015, and 627.7074, and does
  472  not prohibit an insurer from exercising its right to repair
  473  damaged property in compliance with the terms of an applicable
  474  policy or ss. 627.7011(5)(e) and 627.702(7). The Homeowner
  475  Claims Bill of Rights must state:
  476  
  477                          HOMEOWNER CLAIMS                         
  478                           BILL OF RIGHTS                          
  479         This Bill of Rights is specific to the claims process
  480         and does not represent all of your rights under
  481         Florida law regarding your policy. There are also
  482         exceptions to the stated timelines when conditions are
  483         beyond your insurance company’s control. This document
  484         does not create a civil cause of action by an
  485         individual policyholder, or a class of policyholders,
  486         against an insurer or insurers and does not prohibit
  487         an insurer from exercising its right to repair damaged
  488         property in compliance with the terms of an applicable
  489         policy.
  490  
  491         YOU HAVE THE RIGHT TO:
  492         1. Receive from your insurance company an
  493         acknowledgment of your reported claim within 14
  494         calendar days after the time you communicated the
  495         claim.
  496         2. Upon written request, receive from your
  497         insurance company within 30 days after you have
  498         submitted a complete proof-of-loss statement to your
  499         insurance company, confirmation that your claim is
  500         covered in full, partially covered, or denied, or
  501         receive a written statement that your claim is being
  502         investigated.
  503         3. Within 14 calendar days, receive notification
  504         from your insurance company if there has been a change
  505         in the company adjuster who is assigned to your claim.
  506         The notification must include the assigned adjuster’s
  507         contact information.
  508         4. Within 90 calendar days, subject to any dual
  509         interest noted in the policy, receive full settlement
  510         payment for your claim or payment of the undisputed
  511         portion of your claim, or your insurance company’s
  512         denial of your claim.
  513         5.Receive payment of interest, as provided in s.
  514         627.7031, from your insurance company, which begins
  515         accruing from the date your claim is filed if your
  516         insurance company does not pay full settlement of your
  517         initial, reopened, or supplemental claim or the
  518         undisputed portion of your claim or does not deny your
  519         claim within 90 calendar days after your claim is
  520         filed. The interest, if applicable, must be paid when
  521         your claim or undisputed portion of your claim is
  522         paid.
  523         6.4. Free mediation of your disputed claim by the
  524         Florida Department of Financial Services, Division of
  525         Consumer Services, under most circumstances and
  526         subject to certain restrictions.
  527         7.5. Neutral evaluation of your disputed claim,
  528         if your claim is for damage caused by a sinkhole and
  529         is covered by your policy.
  530         8.6. Contact the Florida Department of Financial
  531         Services, Division of Consumer Services’ toll-free
  532         helpline for assistance with any insurance claim or
  533         questions pertaining to the handling of your claim.
  534         You can reach the Helpline by phone at...(toll-free
  535         phone number)..., or you can seek assistance online at
  536         the Florida Department of Financial Services, Division
  537         of Consumer Services’ website at...(website
  538         address)....
  539  
  540         YOU ARE ADVISED TO:
  541         1. Contact your insurance company before entering
  542         into any contract for repairs to confirm any managed
  543         repair policy provisions or optional preferred
  544         vendors.
  545         2. Make and document emergency repairs that are
  546         necessary to prevent further damage. Keep the damaged
  547         property, if feasible, keep all receipts, and take
  548         photographs or video of damage before and after any
  549         repairs to provide to your insurer.
  550         3. Carefully read any contract that requires you
  551         to pay out-of-pocket expenses or a fee that is based
  552         on a percentage of the insurance proceeds that you
  553         will receive for repairing or replacing your property.
  554         4. Confirm that the contractor you choose is
  555         licensed to do business in Florida. You can verify a
  556         contractor’s license and check to see if there are any
  557         complaints against him or her by calling the Florida
  558         Department of Business and Professional Regulation.
  559         You should also ask the contractor for references from
  560         previous work.
  561         5. Require all contractors to provide proof of
  562         insurance before beginning repairs.
  563         6. Take precautions if the damage requires you to
  564         leave your home, including securing your property and
  565         turning off your gas, water, and electricity, and
  566         contacting your insurance company and provide a phone
  567         number where you can be reached.
  568         Section 21. Paragraph (a) of subsection (1) and subsection
  569  (6) of section 631.57, Florida Statutes, are amended to read:
  570         631.57 Powers and duties of the association.—
  571         (1) The association shall:
  572         (a)1. Be obligated to the extent of the covered claims
  573  existing:
  574         a. Prior to adjudication of insolvency and arising within
  575  30 days after the determination of insolvency;
  576         b. Before the policy expiration date if less than 30 days
  577  after the determination; or
  578         c. Before the insured replaces the policy or causes its
  579  cancellation, if she or he does so within 30 days of the
  580  determination.
  581         2. The obligation under subparagraph 1. includes only the
  582  amount of each covered claim which is in excess of $100 and is
  583  less than $300,000, except that policies providing coverage for
  584  homeowner’s insurance shall provide for an additional $200,000
  585  for the portion of a covered claim which relates only to the
  586  damage to the structure and contents.
  587         3.a. Notwithstanding subparagraph 2., the obligation under
  588  subparagraph 1. for policies covering condominium associations
  589  or homeowners’ associations, which associations have a
  590  responsibility to provide insurance coverage on residential
  591  units within the association, shall include that amount of each
  592  covered property insurance claim which is less than $100,000
  593  multiplied by the number of condominium units or other
  594  residential units; however, as to homeowners’ associations, this
  595  sub-subparagraph applies only to claims for damage or loss to
  596  residential units and structures attached to residential units.
  597         b. Notwithstanding sub-subparagraph a., the association has
  598  no obligation to pay covered claims that are to be paid from the
  599  proceeds of bonds issued under s. 631.695. However, the
  600  association shall assign and pledge the first available moneys
  601  from all or part of the assessments to be made under paragraph
  602  (3)(a) to or on behalf of the issuer of such bonds for the
  603  benefit of the holders of such bonds. The association shall
  604  administer any such covered claims and present valid covered
  605  claims for payment in accordance with the provisions of the
  606  assistance program in connection with which such bonds have been
  607  issued.
  608         4. In no event shall the association be obligated to a
  609  policyholder or claimant in an amount in excess of the
  610  obligation of the insolvent insurer under the policy from which
  611  the claim arises.
  612         (6) The association may extend the time limits specified in
  613  paragraph (1)(a) by up to an additional 60 days or waive the
  614  applicability of the $100 deductible specified in paragraph
  615  (1)(a) if the board determines that either or both such actions
  616  are necessary to facilitate the bulk assumption of obligations.
  617         Section 22. Section 648.30, Florida Statutes, is amended to
  618  read:
  619         648.30 Licensure and appointment required; prohibited acts;
  620  penalties.—
  621         (1) A person may not act in the capacity of a bail bond
  622  agent or temporary bail bond agent or perform any of the
  623  functions, duties, or powers prescribed for bail bond agents or
  624  temporary bail bond agents under this chapter unless that person
  625  is qualified, licensed, and appointed as provided in this
  626  chapter.
  627         (2) A person may not represent himself or herself to be a
  628  bail enforcement agent, bounty hunter, or other similar title in
  629  this state.
  630         (3) A person, other than a certified law enforcement
  631  officer, may not apprehend, detain, or arrest a principal on a
  632  bond, wherever issued, unless that person is qualified,
  633  licensed, and appointed as provided in this chapter or licensed
  634  as a bail bond agent or bail bond enforcement agent, or holds an
  635  equivalent license by the state where the bond was written.
  636         (4) Any person who violates this section commits a felony
  637  of the third degree, punishable as provided in s. 775.082, s.
  638  775.083, or s. 775.084.
  639         (5)Any licensee under this chapter who knowingly aids or
  640  abets an unlicensed person in violating this section commits a
  641  felony of the third degree, punishable as provided in s.
  642  775.082, s. 775.083, or s. 775.084.
  643         Section 23. Paragraphs (b) and (c) of subsection (4) and
  644  subsections (1) and (10) of section 717.124, Florida Statutes,
  645  are amended to read:
  646         717.124 Unclaimed property claims.—
  647         (1) Any person, excluding another state, claiming an
  648  interest in any property paid or delivered to the department
  649  under this chapter may file with the department a claim on a
  650  form prescribed by the department and verified by the claimant
  651  or the claimant’s representative. The claimant’s representative
  652  must be an attorney licensed to practice law in this state, a
  653  licensed Florida-certified public accountant, or a private
  654  investigator licensed under chapter 493. The claimant’s
  655  representative must be registered with the department under this
  656  chapter. The claimant, or the claimant’s representative, shall
  657  provide the department with a legible copy of a valid driver
  658  license of the claimant at the time the original claim form is
  659  filed. If the claimant has not been issued a valid driver
  660  license at the time the original claim form is filed, the
  661  department shall be provided with a legible copy of a
  662  photographic identification of the claimant issued by the United
  663  States, a state or territory of the United States, a foreign
  664  nation, or a political subdivision or agency thereof or other
  665  evidence deemed acceptable by the department by rule. In lieu of
  666  photographic identification, a notarized sworn statement by the
  667  claimant may be provided which affirms the claimant’s identity
  668  and states the claimant’s full name and address. The claimant
  669  must produce to the notary photographic identification of the
  670  claimant issued by the United States, a state or territory of
  671  the United States, a foreign nation, or a political subdivision
  672  or agency thereof or other evidence deemed acceptable by the
  673  department by rule. The notary shall indicate the notary’s full
  674  address on the notarized sworn statement. Any claim filed
  675  without the required identification or the sworn statement with
  676  the original claim form and the original Florida Uniform
  677  Unclaimed Property Recovery Agreement or Florida Uniform
  678  Property Purchase Agreement power of attorney or purchase
  679  agreement, if applicable, is void.
  680         (a) Within 90 days after receipt of a claim, the department
  681  may return any claim that provides for the receipt of fees and
  682  costs greater than that permitted under this chapter or that
  683  contains any apparent errors or omissions. The department may
  684  also request that the claimant or the claimant’s representative
  685  provide additional information. The department shall retain a
  686  copy or electronic image of the claim.
  687         (b) A claimant or the claimant’s representative shall be
  688  deemed to have withdrawn a claim if no response to the
  689  department’s request for additional information is received by
  690  the department within 60 days after the notification of any
  691  apparent errors or omissions.
  692         (c) Within 90 days after receipt of the claim, or the
  693  response of the claimant or the claimant’s representative to the
  694  department’s request for additional information, whichever is
  695  later, the department shall determine each claim. Such
  696  determination shall contain a notice of rights provided by ss.
  697  120.569 and 120.57. The 90-day period shall be extended by 60
  698  days if the department has good cause to need additional time or
  699  if the unclaimed property:
  700         1. Is owned by a person who has been a debtor in
  701  bankruptcy;
  702         2. Was reported with an address outside of the United
  703  States;
  704         3. Is being claimed by a person outside of the United
  705  States; or
  706         4. Contains documents filed in support of the claim that
  707  are not in the English language and have not been accompanied by
  708  an English language translation.
  709         (d) The department shall deny any claim under which the
  710  claimant’s representative has refused to authorize the
  711  department to reduce the fees and costs to the maximum permitted
  712  under this chapter.
  713         (4)
  714         (b) If an owner authorizes an attorney licensed to practice
  715  law in this state, Florida-certified public accountant, or
  716  private investigator licensed under chapter 493, and registered
  717  with the department under this chapter, to claim the unclaimed
  718  property on the owner’s behalf, the department is authorized to
  719  make distribution of the property or money in accordance with
  720  the Florida Uniform Unclaimed Property Recovery Agreement or
  721  Florida Uniform Property Purchase Agreement under s. 717.135
  722  such power of attorney. The original Florida Uniform Unclaimed
  723  Property Recovery Agreement or Florida Uniform Property Purchase
  724  Agreement power of attorney must be executed by the claimant or
  725  seller owner and must be filed with the department.
  726         (c)1. Payments of approved claims for unclaimed cash
  727  accounts shall be made to the owner after deducting any fees and
  728  costs authorized pursuant to a Florida Uniform Unclaimed
  729  Property Recovery Agreement written power of attorney. The
  730  contents of a safe-deposit box shall be delivered directly to
  731  the claimant notwithstanding any power of attorney or agreement
  732  to the contrary.
  733         2. Payments of fees and costs authorized pursuant to a
  734  Florida Uniform Unclaimed Property Recovery Agreement written
  735  power of attorney for approved claims must shall be made or
  736  issued to the law firm of the designated attorney licensed to
  737  practice law in this state, the public accountancy firm of the
  738  licensed Florida-certified public accountant, or the designated
  739  employing private investigative agency licensed by this state.
  740  Such payments shall be made by electronic funds transfer and may
  741  be made on such periodic schedule as the department may define
  742  by rule, provided the payment intervals do not exceed 31 days.
  743  Payment made to an attorney licensed in this state, a Florida
  744  certified public accountant, or a private investigator licensed
  745  under chapter 493, operating individually or as a sole
  746  practitioner, shall be to the attorney, certified public
  747  accountant, or private investigator.
  748         (10) Notwithstanding any other provision of this chapter,
  749  the department may develop a process by which a registered
  750  claimant’s representative or a buyer of unclaimed property may
  751  electronically submit to the department an electronic image of a
  752  completed claim and claims-related documents pursuant to this
  753  chapter, including a Florida Uniform Unclaimed Property Recovery
  754  Agreement or Florida Uniform Property Purchase Agreement a
  755  limited power of attorney or purchase agreement that has been
  756  manually signed and dated by a claimant or seller pursuant to s.
  757  717.135 or s. 717.1351, after the claimant’s representative or
  758  the buyer of unclaimed property receives the original documents
  759  provided by the claimant or the seller for any claim. Each claim
  760  filed by a registered claimant’s representative or a buyer of
  761  unclaimed property must include a statement by the claimant’s
  762  representative or the buyer of unclaimed property attesting that
  763  all documents are true copies of the original documents and that
  764  all original documents are physically in the possession of the
  765  claimant’s representative or the buyer of unclaimed property.
  766  All original documents must be kept in the original form, by
  767  claim number, under the secure control of the claimant’s
  768  representative or the buyer of unclaimed property and must be
  769  available for inspection by the department in accordance with s.
  770  717.1315. The department may adopt rules to implement this
  771  subsection.
  772         Section 24. Subsection (2) of section 717.12404, Florida
  773  Statutes, is amended to read:
  774         717.12404 Claims on behalf of a business entity or trust.—
  775         (2) Claims on behalf of a dissolved corporation, a business
  776  entity other than an active corporation, or a trust must include
  777  a legible copy of a valid driver license of the person acting on
  778  behalf of the dissolved corporation, business entity other than
  779  an active corporation, or trust. If the person has not been
  780  issued a valid driver license, the department shall be provided
  781  with a legible copy of a photographic identification of the
  782  person issued by the United States, a foreign nation, or a
  783  political subdivision or agency thereof. In lieu of photographic
  784  identification, a notarized sworn statement by the person may be
  785  provided which affirms the person’s identity and states the
  786  person’s full name and address. The person must produce his or
  787  her photographic identification issued by the United States, a
  788  state or territory of the United States, a foreign nation, or a
  789  political subdivision or agency thereof or other evidence deemed
  790  acceptable by the department by rule. The notary shall indicate
  791  the notary’s full address on the notarized sworn statement. Any
  792  claim filed without the required identification or the sworn
  793  statement with the original claim form and the original Florida
  794  Uniform Unclaimed Property Recovery Agreement or Florida Uniform
  795  Property Purchase Agreement power of attorney, if applicable, is
  796  void.
  797         Section 25. Subsection (1) of section 717.1315, Florida
  798  Statutes, is amended to read:
  799         717.1315 Retention of records by claimant’s representatives
  800  and buyers of unclaimed property.—
  801         (1) Every claimant’s representative and buyer of unclaimed
  802  property shall keep and use in his or her business such books,
  803  accounts, and records of the business conducted under this
  804  chapter to enable the department to determine whether such
  805  person is complying with this chapter and the rules adopted by
  806  the department under this chapter. Every claimant’s
  807  representative and buyer of unclaimed property shall preserve
  808  such books, accounts, and records, including every Florida
  809  Uniform Unclaimed Property Recovery Agreement or Florida Uniform
  810  Property Purchase Agreement power of attorney or agreement
  811  between the owner and such claimant’s representative or buyer,
  812  for at least 3 years after the date of the initial power of
  813  attorney or agreement.
  814         Section 26. Paragraph (j) of subsection (1) of section
  815  717.1322, Florida Statutes, is amended to read:
  816         717.1322 Administrative and civil enforcement.—
  817         (1) The following acts are violations of this chapter and
  818  constitute grounds for an administrative enforcement action by
  819  the department in accordance with the requirements of chapter
  820  120 and for civil enforcement by the department in a court of
  821  competent jurisdiction:
  822         (j) Requesting or receiving compensation for notifying a
  823  person of his or her unclaimed property or assisting another
  824  person in filing a claim for unclaimed property, unless the
  825  person is an attorney licensed to practice law in this state, a
  826  Florida-certified public accountant, or a private investigator
  827  licensed under chapter 493, or entering into, or making a
  828  solicitation to enter into, an agreement a power of attorney to
  829  file a claim for unclaimed property owned by another, or a
  830  contract or agreement to purchase unclaimed property, unless
  831  such person is registered with the department pursuant to this
  832  chapter and an attorney licensed to practice law in this state
  833  in the regular practice of her or his profession, a Florida
  834  certified public accountant who is acting within the scope of
  835  the practice of public accounting as defined in chapter 473, or
  836  a private investigator licensed under chapter 493. This
  837  subsection does not apply to a person who has been granted a
  838  durable power of attorney to convey and receive all of the real
  839  and personal property of the owner, is the court-appointed
  840  guardian of the owner, has been employed as an attorney or
  841  qualified representative to contest the department’s denial of a
  842  claim, or has been employed as an attorney to probate the estate
  843  of the owner or an heir or legatee of the owner.
  844         Section 27. Section 717.135, Florida Statutes, is amended
  845  to read:
  846         (Substantial rewording of section. See
  847         s. 717.135, F.S., for present text.)
  848         717.135Recovery agreements and purchase agreements for
  849  claims filed by claimant’s representative; fees and costs.—
  850         (1)In order to protect the interests of owners of
  851  unclaimed property, the department shall adopt by rule a form
  852  entitled “Florida Uniform Unclaimed Property Recovery Agreement”
  853  and a form entitled “Florida Uniform Property Purchase
  854  Agreement.”
  855         (2)The Florida Uniform Unclaimed Property Recovery
  856  Agreement form and the Florida Uniform Property Purchase
  857  Agreement form must include and disclose:
  858         (a)The total dollar amount of unclaimed property accounts
  859  claimed or sold.
  860         (b)Either the total percentage of all authorized fees and
  861  costs to be paid to the claimant’s representative or the
  862  percentage of the value of the property to be paid as net gain
  863  to the purchasing registered claimant’s representative.
  864         (c)Either the total dollar amount to be deducted and
  865  received from the claimant as fees and costs by the claimant’s
  866  representative or the total net dollar amount to be received by
  867  the purchasing registered claimant’s representative.
  868         (d)The net dollar amount to be received by the claimant or
  869  seller.
  870         (e)For each account claimed, the unclaimed property
  871  account number and name of the apparent owner, as listed on the
  872  department’s database.
  873         (f)For the Florida Uniform Property Purchase Agreement, a
  874  statement that the purchase price will be remitted to the seller
  875  within 30 days after the execution of the form by the seller.
  876         (g)The name, address, e-mail address, phone number, and
  877  license number of the registered claimant’s representative.
  878         (h)The manual signature of the claimant or seller and the
  879  date signed.
  880         (i)The social security number or taxpayer identification
  881  number of the claimant or seller, if available. A number is
  882  available if one has been issued to the claimant or seller.
  883         (j)A limit of total fees and costs, or the total discount
  884  amount in the case of a purchase agreement, to no more than 20
  885  percent of the claimed amount.
  886         (3)For a Florida Uniform Property Purchase Agreement form,
  887  proof that the seller has received payment must be filed with
  888  the department along with the claim. If proof of payment is not
  889  provided, the claim is void.
  890         (4)A registered claimant’s representative shall use the
  891  Florida Uniform Unclaimed Property Recovery Agreement form or
  892  the Florida Uniform Property Purchase Agreement form as the
  893  exclusive means of engaging with a claimant or seller to file a
  894  claim with the department.
  895         (5)Fees and costs may be owed or paid to a registered
  896  claimant’s representative only pursuant to the forms authorized
  897  by this section and upon approval of the claim filed thereby.
  898         (6)A claimant’s representative may not use or distribute
  899  any other agreement of any type with respect to the claimant or
  900  seller which relates to unclaimed property accounts held by the
  901  department or the Chief Financial Officer other than the
  902  agreements authorized by this section. Any agreement that is not
  903  authorized by this section is null and void.
  904         (7)The forms under subsection (1):
  905         (a)May not contain language that makes the agreement
  906  irrevocable; and
  907         (b)May not contain language that creates an assignment of
  908  any unclaimed property held by the department.
  909         (8)This section does not supersede the conflicting claims
  910  provisions of s. 717.1241.
  911         (9)At the time a claim is approved, the department may pay
  912  any additional account that is owned by the claimant but has not
  913  been claimed at the time of approval, provided that no
  914  subsequent claim has been filed and is pending for the claimant
  915  at the time of approval.
  916         Section 28. Section 717.1351, Florida Statutes, is
  917  repealed.
  918         Section 29. Except as otherwise expressly provided in this
  919  act, this act shall take effect upon becoming a law.
  920  
  921  ================= T I T L E  A M E N D M E N T ================
  922  And the title is amended as follows:
  923         Delete everything before the enacting clause
  924  and insert:
  925                        A bill to be entitled                      
  926         An act relating to consumer protection; amending s.
  927         501.0051, F.S.; prohibiting consumer reporting
  928         agencies from charging to reissue or provide a new
  929         unique personal identifier to a consumer for the
  930         removal of a security freeze; amending s. 624.307,
  931         F.S.; revising a requirement for entities licensed or
  932         authorized by the Department of Financial Services or
  933         the Office of Insurance Regulation to respond to the
  934         department’s Division of Consumer Services regarding
  935         consumer complaints; revising administrative penalties
  936         the division may impose for failure to comply;
  937         amending s. 626.112, F.S.; prohibiting unlicensed
  938         activity by an adjusting firm; providing an exemption;
  939         providing an exemption from licensure for branch firms
  940         that meet certain criteria; providing an
  941         administrative penalty for failing to apply for
  942         certain licensure; providing a criminal penalty for
  943         aiding or abetting unlicensed activity; deleting an
  944         obsolete provision; amending s. 626.602, F.S.;
  945         authorizing the department to disapprove the use of
  946         insurance agency names containing the words “Medicare”
  947         or “Medicaid”; providing an exception for certain
  948         insurance agencies; amending s. 626.621, F.S.; adding
  949         grounds on which the department may take certain
  950         actions against a license, appointment, or application
  951         of certain insurance representatives; amending ss.
  952         626.782 and 626.783, F.S.; revising the definitions of
  953         the terms “industrial class insurer” and “ordinary
  954         combination class insurer,” respectively, to conform
  955         to changes made by the act; repealing s. 626.796,
  956         F.S., relating to the representation of multiple
  957         insurers in the same industrial debit territory;
  958         amending s. 626.8443, F.S.; increasing the maximum
  959         period of suspension of a title insurance agent’s or
  960         agency’s license; amending s. 626.854, F.S.; revising
  961         the timeframes in which an insured or claimant may
  962         cancel a public adjuster’s contract to adjust a claim
  963         without penalty or obligation; amending s. 626.916,
  964         F.S.; revising the classes of insurance subject to a
  965         disclosure requirement before being eligible for
  966         export under the Surplus Lines Law; amending s.
  967         626.9541, F.S.; adding certain acts or practices to
  968         the definition of sliding; amending s. 626.9741, F.S.;
  969         requiring an insurer to include certain additional
  970         information when providing an applicant or insured
  971         with certain credit report or score information;
  972         amending ss. 626.9957 and 627.062, F.S.; conforming
  973         cross-references; amending s. 627.421, F.S.; requiring
  974         personal lines residential property insurers to
  975         annually deliver a certain notification to certain
  976         policyholders within a specified timeframe; amending
  977         s. 627.502, F.S.; prohibiting life insurers from
  978         writing new policies of industrial life insurance
  979         beginning on a certain date; amending s. 627.70131,
  980         F.S.; providing that communication made to or by an
  981         insurer’s representative, rather than to or by an
  982         insurer’s agent, constitutes communication to or by
  983         the insurer; requiring an insurer-assigned licensed
  984         adjuster to provide the policyholder with certain
  985         information in certain investigations; specifying
  986         requirements for insurers in notifying policyholders
  987         for certain changes in assigned adjusters; requiring
  988         an insurer to establish a process to provide the agent
  989         of record access to claim status information for a
  990         certain purpose; defining the term “agent of record”;
  991         requiring insurers to include specified notices when
  992         providing preliminary or partial damage estimates or
  993         claim payments; specifying the timeframe in which an
  994         insurer must pay or deny property insurance claims
  995         under certain circumstances; providing applicability;
  996         conforming provisions to changes made by the act;
  997         creating s. 627.7031, F.S.; prohibiting foreign venue
  998         clauses in property insurance policies; providing
  999         applicability; amending s. 627.7142, F.S.; revising
 1000         information contained in the Homeowner Claims Bill of
 1001         Rights; conforming provisions to changes made by the
 1002         act; amending s. 631.57, F.S.; deleting a deductible
 1003         on the Florida Insurance Guaranty Association,
 1004         Incorporated’s obligation as to certain covered
 1005         claims; amending s. 648.30, F.S.; prohibiting the
 1006         aiding or abetting of unlicensed activity of a bail
 1007         bond agent or temporary bail bond agent; amending ss.
 1008         717.124, 717.12404, 717.1315, and 717.1322, F.S.;
 1009         conforming provisions to changes made by the act;
 1010         amending s. 717.135, F.S.; replacing provisions
 1011         relating to powers of attorney to recover unclaimed
 1012         property with provisions relating to uniform forms for
 1013         unclaimed property recovery agreements and purchase
 1014         agreements; requiring the department to adopt the
 1015         uniform forms by rule; specifying required information
 1016         and disclosures in the forms; requiring that, for the
 1017         purchase agreement form, proof the seller received
 1018         payment be filed with the department along with the
 1019         claim; requiring registered claimant’s representatives
 1020         to use the forms as the exclusive means of engaging
 1021         with a claimant or seller to file claims and
 1022         prohibiting them from using or distributing other
 1023         agreements; specifying a limitation on fees and costs
 1024         owed or paid; prohibiting certain language in the
 1025         forms; authorizing the department to pay additional
 1026         accounts owned by the claimant under certain
 1027         circumstances; providing construction; repealing s.
 1028         717.1351, F.S., relating to the acquisition of
 1029         unclaimed property; providing effective dates.