Florida Senate - 2020                                    SB 1492
       
       
        
       By Senator Wright
       
       
       
       
       
       14-00928B-20                                          20201492__
    1                        A bill to be entitled                      
    2         An act relating to consumer protection; amending s.
    3         501.0051, F.S.; prohibiting consumer reporting
    4         agencies from charging to reissue or provide a new
    5         unique personal identifier to a consumer for the
    6         removal of a security freeze; amending s. 624.307,
    7         F.S.; revising a requirement for entities licensed or
    8         authorized by the Department of Financial Services or
    9         the Office of Insurance Regulation to respond to the
   10         department’s Division of Consumer Services regarding
   11         consumer complaints; revising administrative penalties
   12         the division may impose for failure to comply;
   13         amending s. 626.112, F.S.; prohibiting unlicensed
   14         activity by an adjusting firm; providing an exemption;
   15         providing an exemption from licensure for branch firms
   16         that meet certain criteria; providing an
   17         administrative penalty for failing to apply for
   18         certain licensure; providing a criminal penalty for
   19         aiding or abetting unlicensed activity; deleting an
   20         obsolete provision; amending s. 626.602, F.S.;
   21         authorizing the department to disapprove the use of
   22         insurance agency names containing the words “Medicare”
   23         or “Medicaid”; providing an exception for certain
   24         insurance agencies; amending s. 626.621, F.S.; adding
   25         grounds on which the department may take certain
   26         actions against a license, appointment, or application
   27         of certain insurance representatives; amending ss.
   28         626.782 and 626.783, F.S.; revising the definitions of
   29         the terms “industrial class insurer” and “ordinary
   30         combination class insurer,” respectively, to conform
   31         to changes made by the act; repealing s. 626.796,
   32         F.S., relating to the representation of multiple
   33         insurers in the same industrial debit territory;
   34         amending s. 626.8443, F.S.; increasing the maximum
   35         period of suspension of a title insurance agent’s or
   36         agency’s license; amending s. 626.854, F.S.; revising
   37         the timeframes in which an insured or claimant may
   38         cancel a public adjuster’s contract to adjust a claim
   39         without penalty or obligation; amending s. 626.916,
   40         F.S.; revising the classes of insurance subject to a
   41         disclosure requirement before being eligible for
   42         export under the Surplus Lines Law; amending s.
   43         626.9541, F.S.; adding certain acts or practices to
   44         the definition of sliding; amending s. 626.9741, F.S.;
   45         requiring an insurer to include certain additional
   46         information when providing an applicant or insured
   47         with certain credit report or score information;
   48         amending ss. 626.9957 and 627.062, F.S.; conforming
   49         cross-references; amending s. 627.421, F.S.; requiring
   50         personal lines residential property insurers to
   51         annually deliver a certain notification to
   52         policyholders within a specified timeframe; amending
   53         s. 627.502, F.S.; prohibiting life insurers from
   54         writing new policies of industrial life insurance
   55         beginning on a certain date; amending s. 627.70131,
   56         F.S.; providing that communication made to or by an
   57         insurer’s representative, rather than to or by an
   58         insurer’s agent, constitutes communication to or by
   59         the insurer; requiring an insurer-assigned licensed
   60         adjuster to provide the policyholder with certain
   61         information in certain investigations; requiring that
   62         certain adjuster reports be provided to policyholders
   63         within a certain timeframe; specifying requirements
   64         for insurers in notifying policyholders for certain
   65         changes in assigned adjusters; requiring an insurer to
   66         establish a process to provide the agent of record
   67         access to claim status information for a certain
   68         purpose; defining the term “agent of record”;
   69         requiring insurers to include specified notices when
   70         providing preliminary or partial damage estimates or
   71         claim payments; specifying the timeframe in which an
   72         insurer must pay or deny property insurance claims
   73         under certain circumstances; providing applicability;
   74         conforming provisions to changes made by the act;
   75         creating s. 627.7031, F.S.; prohibiting foreign venue
   76         clauses in property insurance policies; providing
   77         applicability; amending s. 627.7142, F.S.; revising
   78         information contained in the Homeowner Claims Bill of
   79         Rights; conforming provisions to changes made by the
   80         act; amending s. 631.57, F.S.; deleting a deductible
   81         on the Florida Insurance Guaranty Association,
   82         Incorporated’s obligation as to certain covered
   83         claims; amending s. 648.30, F.S.; prohibiting the
   84         aiding or abetting of unlicensed activity of a bail
   85         bond agent or temporary bail bond agent; amending ss.
   86         717.124, 717.12404, 717.1315, and 717.1322, F.S.;
   87         conforming provisions to changes made by the act;
   88         amending s. 717.135, F.S.; replacing provisions
   89         relating to powers of attorney to recover unclaimed
   90         property with provisions relating to uniform forms for
   91         unclaimed property recovery agreements and purchase
   92         agreements; requiring the department to adopt the
   93         uniform forms by rule; specifying required information
   94         and disclosures in the forms; requiring that, for the
   95         purchase agreement form, proof the seller received
   96         payment be filed with the department along with the
   97         claim; requiring registered claimant’s representatives
   98         to use the forms as the exclusive means of engaging
   99         with a claimant or seller to file claims and
  100         prohibiting them from using or distributing other
  101         agreements; specifying a limitation on fees and costs
  102         owed or paid; prohibiting certain language in the
  103         forms; authorizing the department to pay additional
  104         accounts owned by the claimant under certain
  105         circumstances; providing construction; repealing s.
  106         717.1351, F.S., relating to the acquisition of
  107         unclaimed property; providing an effective date.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Paragraph (b) of subsection (9) of section
  112  501.0051, Florida Statutes, is amended to read:
  113         501.0051 Protected consumer report security freeze.—
  114         (9)
  115         (b) A consumer reporting agency may not charge to a
  116  reasonable fee, not to exceed $10, if the representative fails
  117  to retain the original unique personal identifier provided by
  118  the consumer reporting agency and the agency must reissue the
  119  unique personal identifier or provide a new unique personal
  120  identifier to the consumer representative.
  121         Section 2. Paragraph (b) of subsection (10) of section
  122  624.307, Florida Statutes, is amended to read:
  123         624.307 General powers; duties.—
  124         (10)
  125         (b) Any entity person licensed or issued a certificate of
  126  authority by the department or the office shall respond, in
  127  writing, to the division within 20 days after receipt of a
  128  written request for documents and information from the division
  129  concerning a consumer complaint. The response must address the
  130  issues and allegations raised in the complaint and include any
  131  requested documents. The division may impose an administrative
  132  penalty for failure to comply with this paragraph of up to
  133  $2,500 per violation upon any entity licensed by the department
  134  or the office and $250 for the first violation, $500 for the
  135  second violation, and up to $1,000 for the third or subsequent
  136  violation upon any individual licensed by the department or the
  137  office.
  138         Section 3. Present subsection (9) of section 626.112,
  139  Florida Statutes, is redesignated as subsection (10), a new
  140  subsection (9) is added to that section, and paragraph (d) of
  141  subsection (7) and present subsection (9) of that section are
  142  amended, to read:
  143         626.112 License and appointment required; agents, customer
  144  representatives, adjusters, insurance agencies, service
  145  representatives, managing general agents, insurance adjusting
  146  firms.—
  147         (7)
  148         (d) Effective October 1, 2015, the department must
  149  automatically convert the registration of an approved registered
  150  insurance agency to an insurance agency license.
  151         (9)(a) An individual, firm, partnership, corporation,
  152  association, or other entity may not act in its own name or
  153  under a trade name, directly or indirectly, as an adjusting firm
  154  unless it complies with s. 626.8696 with respect to possessing
  155  an adjusting firm license for each place of business at which it
  156  engages in an activity that may be performed only by a licensed
  157  insurance adjuster. However, an adjusting firm that is owned and
  158  operated by a single licensed adjuster conducting business in
  159  his or her individual name and not employing or otherwise using
  160  the services of or appointing other licensees is exempt from the
  161  adjusting firm licensing requirements of this subsection.
  162         (b) A branch place of business that is established by a
  163  licensed adjusting firm is considered a branch firm and is not
  164  required to be licensed if:
  165         1.It transacts business under the same name and federal
  166  tax identification number as the licensed adjusting firm;
  167         2.It has designated with the department a primary adjuster
  168  operating the location as required by s. 626.8695; and
  169         3.The address and telephone number of the branch location
  170  have been submitted to the department for inclusion in the
  171  licensing record of the licensed adjusting firm within 30 days
  172  after insurance transactions begin at the branch location.
  173         (c) If an adjusting firm is required to be licensed, but
  174  fails to file an application for licensure in accordance with
  175  this section, the department shall impose on the firm an
  176  administrative penalty of up to $10,000.
  177         (10)(9) Any person who knowingly transacts insurance or
  178  otherwise engages in insurance activities in this state without
  179  a license in violation of this section or who knowingly aids or
  180  abets an unlicensed person in transacting insurance or otherwise
  181  engaging in insurance activities in this state without a license
  182  commits a felony of the third degree, punishable as provided in
  183  s. 775.082, s. 775.083, or s. 775.084.
  184         Section 4. Subsection (4) is added to section 626.602,
  185  Florida Statutes, to read:
  186         626.602 Insurance agency names; disapproval.—The department
  187  may disapprove the use of any true or fictitious name, other
  188  than the bona fide natural name of an individual, by any
  189  insurance agency on any of the following grounds:
  190         (4) The name contains the word “Medicare” or “Medicaid.” An
  191  insurance agency whose name contains the word “Medicare” or
  192  “Medicaid” but which is licensed as of July 1, 2020, may
  193  continue to use that name as long as the agency’s license is
  194  valid. If the agency’s license expires or is suspended or
  195  revoked, the agency may not be relicensed using that name.
  196         Section 5. Subsections (16) and (17) are added to section
  197  626.621, Florida Statutes, to read:
  198         626.621 Grounds for discretionary refusal, suspension, or
  199  revocation of agent’s, adjuster’s, customer representative’s,
  200  service representative’s, or managing general agent’s license or
  201  appointment.—The department may, in its discretion, deny an
  202  application for, suspend, revoke, or refuse to renew or continue
  203  the license or appointment of any applicant, agent, adjuster,
  204  customer representative, service representative, or managing
  205  general agent, and it may suspend or revoke the eligibility to
  206  hold a license or appointment of any such person, if it finds
  207  that as to the applicant, licensee, or appointee any one or more
  208  of the following applicable grounds exist under circumstances
  209  for which such denial, suspension, revocation, or refusal is not
  210  mandatory under s. 626.611:
  211         (16) Allowing the personal financial or medical information
  212  of a consumer or customer to be made available or accessible to
  213  the general public, regardless of the format in which the record
  214  is stored.
  215         (17) Initiating in-person or telephone solicitation after 9
  216  p.m. or before 8 a.m. local time of the prospective customer
  217  unless requested by the prospective customer.
  218         Section 6. Section 626.782, Florida Statutes, is amended to
  219  read:
  220         626.782 “Industrial class insurer” defined.—An “industrial
  221  class insurer” is an insurer collecting premiums on policies of
  222  writing industrial life insurance, as defined in s. 627.502,
  223  written before July 1, 2020, and as to such insurance, operates
  224  under a system of collecting a debit by its agent.
  225         Section 7. Section 626.783, Florida Statutes, is amended to
  226  read:
  227         626.783 “Ordinary-combination class insurer” defined.—An
  228  “ordinary-combination class insurer” is an insurer writing both
  229  ordinary class insurance and collecting premiums on existing
  230  industrial life class insurance under s. 626.782.
  231         Section 8. Section 626.796, Florida Statutes, is repealed.
  232         Section 9. Subsection (1) of section 626.8443, Florida
  233  Statutes, is amended to read:
  234         626.8443 Duration of suspension or revocation.—
  235         (1) The department shall, in its order suspending a title
  236  insurance agent’s or agency’s license or appointment or in its
  237  order suspending the eligibility of a person to hold or apply
  238  for such license or appointment, specify the period during which
  239  the suspension is to be in effect, but such period shall not
  240  exceed 2 years 1 year. The license, or appointment, or
  241  eligibility shall remain suspended during the period so
  242  specified, subject, however, to any rescission or modification
  243  of the order by the department, or modification or reversal
  244  thereof by the court, prior to expiration of the suspension
  245  period. A license, appointment, or eligibility that which has
  246  been suspended may not be reinstated except upon request for
  247  such reinstatement, but the department shall not grant such
  248  reinstatement if it finds that the circumstance or circumstances
  249  for which the license, appointment, and eligibility was
  250  suspended still exist or are likely to recur.
  251         Section 10. Subsection (6) of section 626.854, Florida
  252  Statutes, is amended to read:
  253         626.854 “Public adjuster” defined; prohibitions.—The
  254  Legislature finds that it is necessary for the protection of the
  255  public to regulate public insurance adjusters and to prevent the
  256  unauthorized practice of law.
  257         (6) Except during a state of emergency declared by the
  258  Governor and except during the 1-year period after the date of
  259  loss, an insured or claimant may cancel a public adjuster’s
  260  contract to adjust a claim without penalty or obligation within
  261  7 calendar 3 business days after the date on which the contract
  262  is executed or within 7 calendar 3 business days after the date
  263  on which the insured or claimant has notified the insurer of the
  264  claim, whichever is later. During a state of emergency declared
  265  by the Governor or during the 1-year period after the date of
  266  loss, an insured or claimant may cancel a public adjuster’s
  267  contract to adjust a claim without penalty or obligation within
  268  30 calendar days after the date on which the contract is
  269  executed or within 30 calendar days after the date on which the
  270  insured or claimant has notified the insurer of the claim,
  271  whichever is later. The public adjuster’s contract must disclose
  272  to the insured or claimant his or her right to cancel the
  273  contract and advise the insured or claimant that notice of
  274  cancellation must be submitted in writing and sent by certified
  275  mail, return receipt requested, or other form of mailing that
  276  provides proof thereof, to the public adjuster at the address
  277  specified in the contract; provided, during any state of
  278  emergency as declared by the Governor and for 1 year after the
  279  date of loss, the insured or claimant has 5 business days after
  280  the date on which the contract is executed to cancel a public
  281  adjuster’s contract.
  282         Section 11. Subsection (3) of section 626.916, Florida
  283  Statutes, is amended, and paragraph (f) is added to subsection
  284  (1) of that section, to read:
  285         626.916 Eligibility for export.—
  286         (1) No insurance coverage shall be eligible for export
  287  unless it meets all of the following conditions:
  288         (f) The insured has signed a disclosure in substantially
  289  the following form: “You are agreeing to place coverage in the
  290  surplus lines market. Superior coverage may be available in the
  291  admitted market and at a lesser cost. Persons insured by surplus
  292  lines carriers are not protected under the Florida Insurance
  293  Guaranty Act with respect to any right of recovery for the
  294  obligation of an insolvent unlicensed insurer.”
  295         (3)(a) Subsection (1) does not apply to wet marine and
  296  transportation or aviation risks that which are subject to s.
  297  626.917.
  298         (b) Paragraphs (1)(a)-(d) do not apply to classes of
  299  insurance which are subject to s. 627.062(3)(d)1. These classes
  300  may be exportable under the following conditions:
  301         1. The insurance must be placed only by or through a
  302  surplus lines agent licensed in this state;
  303         2. The insurer must be made eligible under s. 626.918; and
  304         3. The insured has signed must sign a disclosure as
  305  required under paragraph (1)(f) that substantially provides the
  306  following: “You are agreeing to place coverage in the surplus
  307  lines market. Superior coverage may be available in the admitted
  308  market and at a lesser cost. Persons insured by surplus lines
  309  carriers are not protected under the Florida Insurance Guaranty
  310  Act with respect to any right of recovery for the obligation of
  311  an insolvent unlicensed insurer.” If the disclosure notice is
  312  signed by the insured, the insured is presumed to have been
  313  informed and to know that other coverage may be available, and,
  314  with respect to the diligent-effort requirement under subsection
  315  (1), there is no liability on the part of, and no cause of
  316  action arises against, the retail agent presenting the form.
  317         Section 12. Paragraph (z) of subsection (1) of section
  318  626.9541, Florida Statutes, is amended to read:
  319         626.9541 Unfair methods of competition and unfair or
  320  deceptive acts or practices defined.—
  321         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  322  ACTS.—The following are defined as unfair methods of competition
  323  and unfair or deceptive acts or practices:
  324         (z) Sliding.—Sliding is the act or practice of any of the
  325  following:
  326         1. Representing to the applicant that a specific ancillary
  327  coverage or product is required by law in conjunction with the
  328  purchase of insurance when such coverage or product is not
  329  required.;
  330         2. Representing to the applicant that a specific ancillary
  331  coverage or product is included in the policy applied for
  332  without an additional charge when such charge is required.; or
  333         3. Charging an applicant for a specific ancillary coverage
  334  or product, in addition to the cost of the insurance coverage
  335  applied for, without the informed consent of the applicant.
  336         4.Initiating, effectuating, binding, or otherwise issuing
  337  a policy of insurance without the prior informed consent of the
  338  owner of the property to be insured.
  339         5.Mailing, transmitting, or otherwise submitting by any
  340  means an invoice for premium payment to a mortgagee or escrow
  341  agent, for the purpose of effectuating an insurance policy,
  342  without the prior informed consent of the owner of the property
  343  to be insured.
  344         Section 13. Subsection (3) of section 626.9741, Florida
  345  Statutes, is amended to read:
  346         626.9741 Use of credit reports and credit scores by
  347  insurers.—
  348         (3) An insurer must inform an applicant or insured, in the
  349  same medium as the application is taken, that a credit report or
  350  score is being requested for underwriting or rating purposes.
  351  The notification to the consumer must include the following
  352  language: “The Department of Financial Services offers free
  353  financial literacy programs to assist you in understanding how
  354  credit scores are calculated, what factors are considered, and
  355  how credit works. The Department’s toll-free Insurance Consumer
  356  Helpline is available to assist you with insurance-related
  357  questions and inquiries. To learn more about the free financial
  358  literacy programs or for help with insurance, call 1-877-693
  359  5236 or visit www.MyFloridaCFO.com. An insurer that makes an
  360  adverse decision based, in whole or in part, upon a credit
  361  report must provide at no charge, a copy of the credit report to
  362  the applicant or insured or provide the applicant or insured
  363  with the name, address, and telephone number of the consumer
  364  reporting agency from which the insured or applicant may obtain
  365  the credit report. The insurer must provide notification to the
  366  consumer explaining the reasons for the adverse decision. The
  367  reasons must be provided in sufficiently clear and specific
  368  language so that a person can identify the basis for the
  369  insurer’s adverse decision. Such notification shall include a
  370  description of the four primary reasons, or such fewer number as
  371  existed, which were the primary influences of the adverse
  372  decision. The use of generalized terms such as “poor credit
  373  history,” “poor credit rating,” or “poor insurance score” does
  374  not meet the explanation requirements of this subsection. A
  375  credit score may not be used in underwriting or rating insurance
  376  unless the scoring process produces information in sufficient
  377  detail to permit compliance with the requirements of this
  378  subsection. It shall not be deemed an adverse decision if, due
  379  to the insured’s credit report or credit score, the insured
  380  continues to receive a less favorable rate or placement in a
  381  less favorable tier or company at the time of renewal except for
  382  renewals or reunderwriting required by this section.
  383         Section 14. Subsection (1) of section 626.9957, Florida
  384  Statutes, is amended to read:
  385         626.9957 Conduct prohibited; denial, revocation, or
  386  suspension of registration.—
  387         (1) As provided in s. 626.112, only a person licensed as an
  388  insurance agent or customer representative may engage in the
  389  solicitation of insurance. A person who engages in the
  390  solicitation of insurance as described in s. 626.112(1) without
  391  such license is subject to the penalties provided under s.
  392  626.112(10) s. 626.112(9).
  393         Section 15. Subsection (10) of section 627.062, Florida
  394  Statutes, is amended to read:
  395         627.062 Rate standards.—
  396         (10) Any interest paid pursuant to s. 627.70131(7) s.
  397  627.70131(5) may not be included in the insurer’s rate base and
  398  may not be used to justify a rate or rate change.
  399         Section 16. Subsection (6) is added to section 627.421,
  400  Florida Statutes, to read:
  401         627.421 Delivery of policy.—
  402         (6) For personal lines residential property insurance
  403  policies, the insurer shall, between March 3 and April 2 of each
  404  year, inclusive, deliver a notification to all policyholders via
  405  mail or e-mail which includes the Homeowner Claims Bill of
  406  Rights and outlines the hurricane coverage included in the
  407  policy, including the hurricane deductible and the coverages and
  408  exclusions.
  409         Section 17. Section 627.502, Florida Statutes, is amended
  410  to read:
  411         627.502 “Industrial life insurance” defined; reporting;
  412  prohibition on new policies after a certain date.—
  413         (1) For the purposes of this code, “industrial life
  414  insurance” is that form of life insurance written under policies
  415  under which premiums are payable monthly or more often, bearing
  416  the words “industrial policy” or “weekly premium policy” or
  417  words of similar import imprinted upon the policies as part of
  418  the descriptive matter, and issued by an insurer that which, as
  419  to such industrial life insurance, is operating under a system
  420  of collecting a debit by its agent.
  421         (2) Every life insurer servicing existing transacting
  422  industrial life insurance shall report to the office all annual
  423  statement data regarding the exhibit of life insurance,
  424  including relevant information for industrial life insurance.
  425         (3)Beginning July 1, 2020, a life insurer may not write a
  426  new policy of industrial life insurance.
  427         Section 18. Section 627.70131, Florida Statutes, is amended
  428  to read:
  429         627.70131 Insurer’s duty to acknowledge communications
  430  regarding claims; investigation.—
  431         (1)(a) Upon an insurer’s receiving a communication with
  432  respect to a claim, the insurer shall, within 14 calendar days,
  433  review and acknowledge receipt of such communication unless
  434  payment is made within that period of time or unless the failure
  435  to acknowledge is caused by factors beyond the control of the
  436  insurer which reasonably prevent such acknowledgment. If the
  437  acknowledgment is not in writing, a notification indicating
  438  acknowledgment shall be made in the insurer’s claim file and
  439  dated. A communication made to or by a representative an agent
  440  of an insurer with respect to a claim shall constitute
  441  communication to or by the insurer.
  442         (b) As used in this subsection, the term “representative”
  443  “agent” means any person to whom an insurer has granted
  444  authority or responsibility to receive or make such
  445  communications with respect to claims on behalf of the insurer.
  446         (c) This subsection shall not apply to claimants
  447  represented by counsel beyond those communications necessary to
  448  provide forms and instructions.
  449         (2) Such acknowledgment shall be responsive to the
  450  communication. If the communication constitutes a notification
  451  of a claim, unless the acknowledgment reasonably advises the
  452  claimant that the claim appears not to be covered by the
  453  insurer, the acknowledgment shall provide necessary claim forms,
  454  and instructions, including an appropriate telephone number.
  455         (3)(a) Unless otherwise provided by the policy of insurance
  456  or by law, within 10 business working days after an insurer
  457  receives proof of loss statements, the insurer shall begin such
  458  investigation as is reasonably necessary unless the failure to
  459  begin such investigation is caused by factors beyond the control
  460  of the insurer which reasonably prevent the commencement of such
  461  investigation.
  462         (b)If such investigation involves a physical inspection of
  463  the property, the licensed adjuster assigned by the insurer must
  464  provide the policyholder with his or her name, license number,
  465  and contact information.
  466         (c)An unedited copy of any report received by the insurer,
  467  which was produced by the licensed adjuster based upon the
  468  physical inspection of the property, must be provided to the
  469  policyholder electronically or as a physical copy within 7 days
  470  after receipt by the insurer.
  471         (d)If an insurer assigns the claim to a different licensed
  472  adjuster after receipt of a report from the adjuster who
  473  performed the physical inspection, the insurer must, within 7
  474  days after changing the licensed insurance adjuster assigned to
  475  a claim, provide the name, license number, and contact
  476  information of the new adjuster to the policyholder. The
  477  notification may be sent electronically or via mail. If the
  478  notification is a physical letter, it must be postmarked within
  479  7 days after the change in adjuster. Any subsequent change to
  480  the assigned adjuster must be handled in accordance with this
  481  paragraph.
  482         (4) An insurer shall establish a process by which the agent
  483  of record for an insurance policy is provided access to
  484  information provided to the policyholder under subsection (3) in
  485  order to assist the agent of record in answering the
  486  policyholder’s questions regarding claims. As used in this
  487  subsection, the term “agent of record” means the agent named on
  488  the declarations page of the insurance policy.
  489         (5) For purposes of this section, the term “insurer” means
  490  any residential property insurer.
  491         (6)(a)When providing a preliminary or partial estimate of
  492  damage regarding a claim, an insurer shall include with the
  493  estimate the following statement printed in at least 12-point
  494  bold, uppercase type: THIS ESTIMATE REPRESENTS OUR CURRENT
  495  EVALUATION OF THE LOSS TO YOUR INSURED PROPERTY AND MAY BE
  496  REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU HAVE
  497  QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR
  498  CLAIM, WE ENCOURAGE YOU TO CONTACT US.
  499         (b)When providing a preliminary or partial payment on a
  500  claim, an insurer shall include with the payment the following
  501  statement printed in at least 12-point bold, uppercase type: WE
  502  ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED
  503  PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE
  504  QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR
  505  CLAIM, WE ENCOURAGE YOU TO CONTACT US.
  506         (7)(5)(a) Within 90 calendar days after an insurer receives
  507  notice of an initial, reopened, or supplemental property
  508  insurance claim from a policyholder, the insurer shall pay or
  509  deny such claim or a portion of the claim unless the failure to
  510  pay is caused by factors beyond the control of the insurer which
  511  reasonably prevent such payment. Any payment of an initial or
  512  supplemental claim or portion of such claim made 90 calendar
  513  days after the insurer receives notice of the claim, or made
  514  more than 15 days after there are no longer factors beyond the
  515  control of the insurer which reasonably prevented such payment,
  516  whichever is later, bears interest at the rate set forth in s.
  517  55.03. Interest begins to accrue from the date the insurer
  518  receives notice of the claim. The provisions of this subsection
  519  may not be waived, voided, or nullified by the terms of the
  520  insurance policy. If there is a right to prejudgment interest,
  521  the insured shall select whether to receive prejudgment interest
  522  or interest under this subsection. Interest is payable when the
  523  claim or portion of the claim is paid. Failure to comply with
  524  this subsection constitutes a violation of this code. However,
  525  failure to comply with this subsection does not form the sole
  526  basis for a private cause of action.
  527         (b) Notwithstanding subsection (5) (4), for purposes of
  528  this subsection, the term “claim” means any of the following:
  529         1. A claim under an insurance policy providing residential
  530  coverage as defined in s. 627.4025(1);
  531         2. A claim for structural or contents coverage under a
  532  commercial property insurance policy if the insured structure is
  533  10,000 square feet or less; or
  534         3. A claim for contents coverage under a commercial tenant
  535  policy if the insured premises is 10,000 square feet or less.
  536         (c) This subsection shall not apply to claims under an
  537  insurance policy covering nonresidential commercial structures
  538  or contents in more than one state.
  539         (8)This section applies to surplus lines insurers and
  540  surplus lines insurance authorized under ss. 626.913-626.937.
  541         Section 19. Section 627.7031, Florida Statutes, is created
  542  to read:
  543         627.7031 Foreign venue clauses prohibited.—A property
  544  insurance policy sold in this state after July 1, 2020, may not
  545  require an insured to pursue dispute resolution through
  546  litigation, arbitration, or mediation outside this state. This
  547  section applies to surplus lines insurers and surplus lines
  548  insurance authorized under ss. 626.913-626.937.
  549         Section 20. Section 627.7142, Florida Statutes, is amended
  550  to read:
  551         627.7142 Homeowner Claims Bill of Rights.—An insurer
  552  issuing a personal lines residential property insurance policy
  553  in this state must provide a Homeowner Claims Bill of Rights to
  554  a policyholder within 14 days after receiving an initial
  555  communication with respect to a claim, unless the claim follows
  556  an event that is the subject of a declaration of a state of
  557  emergency by the Governor. The purpose of the bill of rights is
  558  to summarize, in simple, nontechnical terms, existing Florida
  559  law regarding the rights of a personal lines residential
  560  property insurance policyholder who files a claim of loss. The
  561  Homeowner Claims Bill of Rights is specific to the claims
  562  process and does not represent all of a policyholder’s rights
  563  under Florida law regarding the insurance policy. The Homeowner
  564  Claims Bill of Rights does not create a civil cause of action by
  565  any individual policyholder or class of policyholders against an
  566  insurer or insurers. The failure of an insurer to properly
  567  deliver the Homeowner Claims Bill of Rights is subject to
  568  administrative enforcement by the office but is not admissible
  569  as evidence in a civil action against an insurer. The Homeowner
  570  Claims Bill of Rights does not enlarge, modify, or contravene
  571  statutory requirements, including, but not limited to, ss.
  572  626.854, 626.9541, 627.70131, 627.7015, and 627.7074, and does
  573  not prohibit an insurer from exercising its right to repair
  574  damaged property in compliance with the terms of an applicable
  575  policy or ss. 627.7011(5)(e) and 627.702(7). The Homeowner
  576  Claims Bill of Rights must state:
  577  
  578                          HOMEOWNER CLAIMS                         
  579                           BILL OF RIGHTS                          
  580         This Bill of Rights is specific to the claims process
  581         and does not represent all of your rights under
  582         Florida law regarding your policy. There are also
  583         exceptions to the stated timelines when conditions are
  584         beyond your insurance company’s control. This document
  585         does not create a civil cause of action by an
  586         individual policyholder, or a class of policyholders,
  587         against an insurer or insurers and does not prohibit
  588         an insurer from exercising its right to repair damaged
  589         property in compliance with the terms of an applicable
  590         policy.
  591  
  592         YOU HAVE THE RIGHT TO:
  593         1. Receive from your insurance company an
  594         acknowledgment of your reported claim within 14
  595         calendar days after the time you communicated the
  596         claim.
  597         2. Upon written request, receive from your
  598         insurance company within 30 days after you have
  599         submitted a complete proof-of-loss statement to your
  600         insurance company, confirmation that your claim is
  601         covered in full, partially covered, or denied, or
  602         receive a written statement that your claim is being
  603         investigated.
  604         3. Within 7 calendar days, receive notification
  605         from your insurance company if there has been a change
  606         in the company adjuster who is assigned to your claim.
  607         The notification must include the assigned adjuster’s
  608         contact information.
  609         4. Within 90 calendar days, subject to any dual
  610         interest noted in the policy, receive full settlement
  611         payment for your claim or payment of the undisputed
  612         portion of your claim, or your insurance company’s
  613         denial of your claim.
  614         5.Receive payment of interest from your
  615         insurance company, which begins accruing from the date
  616         your claim is filed if your insurance company does not
  617         pay full settlement of your claim or the undisputed
  618         portion of your claim or does not deny your claim
  619         within 90 calendar days after your claim is filed. The
  620         interest must be paid when your claim or undisputed
  621         portion of your claim is paid.
  622         6.4. Free mediation of your disputed claim by the
  623         Florida Department of Financial Services, Division of
  624         Consumer Services, under most circumstances and
  625         subject to certain restrictions.
  626         7.5. Neutral evaluation of your disputed claim,
  627         if your claim is for damage caused by a sinkhole and
  628         is covered by your policy.
  629         8.6. Contact the Florida Department of Financial
  630         Services, Division of Consumer Services’ toll-free
  631         helpline for assistance with any insurance claim or
  632         questions pertaining to the handling of your claim.
  633         You can reach the Helpline by phone at...(toll-free
  634         phone number)..., or you can seek assistance online at
  635         the Florida Department of Financial Services, Division
  636         of Consumer Services’ website at...(website
  637         address)....
  638  
  639         YOU ARE ADVISED TO:
  640         1. Contact your insurance company before entering
  641         into any contract for repairs to confirm any managed
  642         repair policy provisions or optional preferred
  643         vendors.
  644         2. Make and document emergency repairs that are
  645         necessary to prevent further damage. Keep the damaged
  646         property, if feasible, keep all receipts, and take
  647         photographs or video of damage before and after any
  648         repairs.
  649         3. Carefully read any contract that requires you
  650         to pay out-of-pocket expenses or a fee that is based
  651         on a percentage of the insurance proceeds that you
  652         will receive for repairing or replacing your property.
  653         4. Confirm that the contractor you choose is
  654         licensed to do business in Florida. You can verify a
  655         contractor’s license and check to see if there are any
  656         complaints against him or her by calling the Florida
  657         Department of Business and Professional Regulation.
  658         You should also ask the contractor for references from
  659         previous work.
  660         5. Require all contractors to provide proof of
  661         insurance before beginning repairs.
  662         6. Take precautions if the damage requires you to
  663         leave your home, including securing your property and
  664         turning off your gas, water, and electricity, and
  665         contacting your insurance company and provide a phone
  666         number where you can be reached.
  667         Section 21. Paragraph (a) of subsection (1) and subsection
  668  (6) of section 631.57, Florida Statutes, are amended to read:
  669         631.57 Powers and duties of the association.—
  670         (1) The association shall:
  671         (a)1. Be obligated to the extent of the covered claims
  672  existing:
  673         a. Prior to adjudication of insolvency and arising within
  674  30 days after the determination of insolvency;
  675         b. Before the policy expiration date if less than 30 days
  676  after the determination; or
  677         c. Before the insured replaces the policy or causes its
  678  cancellation, if she or he does so within 30 days of the
  679  determination.
  680         2. The obligation under subparagraph 1. includes only the
  681  amount of each covered claim which is in excess of $100 and is
  682  less than $300,000, except that policies providing coverage for
  683  homeowner’s insurance shall provide for an additional $200,000
  684  for the portion of a covered claim which relates only to the
  685  damage to the structure and contents.
  686         3.a. Notwithstanding subparagraph 2., the obligation under
  687  subparagraph 1. for policies covering condominium associations
  688  or homeowners’ associations, which associations have a
  689  responsibility to provide insurance coverage on residential
  690  units within the association, shall include that amount of each
  691  covered property insurance claim which is less than $100,000
  692  multiplied by the number of condominium units or other
  693  residential units; however, as to homeowners’ associations, this
  694  sub-subparagraph applies only to claims for damage or loss to
  695  residential units and structures attached to residential units.
  696         b. Notwithstanding sub-subparagraph a., the association has
  697  no obligation to pay covered claims that are to be paid from the
  698  proceeds of bonds issued under s. 631.695. However, the
  699  association shall assign and pledge the first available moneys
  700  from all or part of the assessments to be made under paragraph
  701  (3)(a) to or on behalf of the issuer of such bonds for the
  702  benefit of the holders of such bonds. The association shall
  703  administer any such covered claims and present valid covered
  704  claims for payment in accordance with the provisions of the
  705  assistance program in connection with which such bonds have been
  706  issued.
  707         4. In no event shall the association be obligated to a
  708  policyholder or claimant in an amount in excess of the
  709  obligation of the insolvent insurer under the policy from which
  710  the claim arises.
  711         (6) The association may extend the time limits specified in
  712  paragraph (1)(a) by up to an additional 60 days or waive the
  713  applicability of the $100 deductible specified in paragraph
  714  (1)(a) if the board determines that either or both such actions
  715  are necessary to facilitate the bulk assumption of obligations.
  716         Section 22. Section 648.30, Florida Statutes, is amended to
  717  read:
  718         648.30 Licensure and appointment required; prohibited acts;
  719  penalties.—
  720         (1) A person may not act in the capacity of a bail bond
  721  agent or temporary bail bond agent or perform any of the
  722  functions, duties, or powers prescribed for bail bond agents or
  723  temporary bail bond agents under this chapter unless that person
  724  is qualified, licensed, and appointed as provided in this
  725  chapter.
  726         (2) A person may not represent himself or herself to be a
  727  bail enforcement agent, bounty hunter, or other similar title in
  728  this state.
  729         (3) A person, other than a certified law enforcement
  730  officer, may not apprehend, detain, or arrest a principal on a
  731  bond, wherever issued, unless that person is qualified,
  732  licensed, and appointed as provided in this chapter or licensed
  733  as a bail bond agent or bail bond enforcement agent, or holds an
  734  equivalent license by the state where the bond was written.
  735         (4) Any person who violates this section commits a felony
  736  of the third degree, punishable as provided in s. 775.082, s.
  737  775.083, or s. 775.084.
  738         (5)Any licensee under this chapter who knowingly aids or
  739  abets an unlicensed person in violating this section commits a
  740  felony of the third degree, punishable as provided in s.
  741  775.082, s. 775.083, or s. 775.084.
  742         Section 23. Paragraphs (b) and (c) of subsection (4) and
  743  subsections (1) and (10) of section 717.124, Florida Statutes,
  744  are amended to read:
  745         717.124 Unclaimed property claims.—
  746         (1) Any person, excluding another state, claiming an
  747  interest in any property paid or delivered to the department
  748  under this chapter may file with the department a claim on a
  749  form prescribed by the department and verified by the claimant
  750  or the claimant’s representative. The claimant’s representative
  751  must be an attorney licensed to practice law in this state, a
  752  licensed Florida-certified public accountant, or a private
  753  investigator licensed under chapter 493. The claimant’s
  754  representative must be registered with the department under this
  755  chapter. The claimant, or the claimant’s representative, shall
  756  provide the department with a legible copy of a valid driver
  757  license of the claimant at the time the original claim form is
  758  filed. If the claimant has not been issued a valid driver
  759  license at the time the original claim form is filed, the
  760  department shall be provided with a legible copy of a
  761  photographic identification of the claimant issued by the United
  762  States, a state or territory of the United States, a foreign
  763  nation, or a political subdivision or agency thereof or other
  764  evidence deemed acceptable by the department by rule. In lieu of
  765  photographic identification, a notarized sworn statement by the
  766  claimant may be provided which affirms the claimant’s identity
  767  and states the claimant’s full name and address. The claimant
  768  must produce to the notary photographic identification of the
  769  claimant issued by the United States, a state or territory of
  770  the United States, a foreign nation, or a political subdivision
  771  or agency thereof or other evidence deemed acceptable by the
  772  department by rule. The notary shall indicate the notary’s full
  773  address on the notarized sworn statement. Any claim filed
  774  without the required identification or the sworn statement with
  775  the original claim form and the original Florida Uniform
  776  Unclaimed Property Recovery Agreement or Florida Uniform
  777  Property Purchase Agreement power of attorney or purchase
  778  agreement, if applicable, is void.
  779         (a) Within 90 days after receipt of a claim, the department
  780  may return any claim that provides for the receipt of fees and
  781  costs greater than that permitted under this chapter or that
  782  contains any apparent errors or omissions. The department may
  783  also request that the claimant or the claimant’s representative
  784  provide additional information. The department shall retain a
  785  copy or electronic image of the claim.
  786         (b) A claimant or the claimant’s representative shall be
  787  deemed to have withdrawn a claim if no response to the
  788  department’s request for additional information is received by
  789  the department within 60 days after the notification of any
  790  apparent errors or omissions.
  791         (c) Within 90 days after receipt of the claim, or the
  792  response of the claimant or the claimant’s representative to the
  793  department’s request for additional information, whichever is
  794  later, the department shall determine each claim. Such
  795  determination shall contain a notice of rights provided by ss.
  796  120.569 and 120.57. The 90-day period shall be extended by 60
  797  days if the department has good cause to need additional time or
  798  if the unclaimed property:
  799         1. Is owned by a person who has been a debtor in
  800  bankruptcy;
  801         2. Was reported with an address outside of the United
  802  States;
  803         3. Is being claimed by a person outside of the United
  804  States; or
  805         4. Contains documents filed in support of the claim that
  806  are not in the English language and have not been accompanied by
  807  an English language translation.
  808         (d) The department shall deny any claim under which the
  809  claimant’s representative has refused to authorize the
  810  department to reduce the fees and costs to the maximum permitted
  811  under this chapter.
  812         (4)
  813         (b) If an owner authorizes an attorney licensed to practice
  814  law in this state, Florida-certified public accountant, or
  815  private investigator licensed under chapter 493, and registered
  816  with the department under this chapter, to claim the unclaimed
  817  property on the owner’s behalf, the department is authorized to
  818  make distribution of the property or money in accordance with
  819  the Florida Uniform Unclaimed Property Recovery Agreement or
  820  Florida Uniform Property Purchase Agreement under s. 717.135
  821  such power of attorney. The original Florida Uniform Unclaimed
  822  Property Recovery Agreement or Florida Uniform Property Purchase
  823  Agreement power of attorney must be executed by the claimant or
  824  seller owner and must be filed with the department.
  825         (c)1. Payments of approved claims for unclaimed cash
  826  accounts shall be made to the owner after deducting any fees and
  827  costs authorized pursuant to a Florida Uniform Unclaimed
  828  Property Recovery Agreement written power of attorney. The
  829  contents of a safe-deposit box shall be delivered directly to
  830  the claimant notwithstanding any power of attorney or agreement
  831  to the contrary.
  832         2. Payments of fees and costs authorized pursuant to a
  833  Florida Uniform Unclaimed Property Recovery Agreement written
  834  power of attorney for approved claims must shall be made or
  835  issued to the law firm of the designated attorney licensed to
  836  practice law in this state, the public accountancy firm of the
  837  licensed Florida-certified public accountant, or the designated
  838  employing private investigative agency licensed by this state.
  839  Such payments shall be made by electronic funds transfer and may
  840  be made on such periodic schedule as the department may define
  841  by rule, provided the payment intervals do not exceed 31 days.
  842  Payment made to an attorney licensed in this state, a Florida
  843  certified public accountant, or a private investigator licensed
  844  under chapter 493, operating individually or as a sole
  845  practitioner, shall be to the attorney, certified public
  846  accountant, or private investigator.
  847         (10) Notwithstanding any other provision of this chapter,
  848  the department may develop a process by which a registered
  849  claimant’s representative or a buyer of unclaimed property may
  850  electronically submit to the department an electronic image of a
  851  completed claim and claims-related documents pursuant to this
  852  chapter, including a Florida Uniform Unclaimed Property Recovery
  853  Agreement or Florida Uniform Property Purchase Agreement a
  854  limited power of attorney or purchase agreement that has been
  855  manually signed and dated by a claimant or seller pursuant to s.
  856  717.135 or s. 717.1351, after the claimant’s representative or
  857  the buyer of unclaimed property receives the original documents
  858  provided by the claimant or the seller for any claim. Each claim
  859  filed by a registered claimant’s representative or a buyer of
  860  unclaimed property must include a statement by the claimant’s
  861  representative or the buyer of unclaimed property attesting that
  862  all documents are true copies of the original documents and that
  863  all original documents are physically in the possession of the
  864  claimant’s representative or the buyer of unclaimed property.
  865  All original documents must be kept in the original form, by
  866  claim number, under the secure control of the claimant’s
  867  representative or the buyer of unclaimed property and must be
  868  available for inspection by the department in accordance with s.
  869  717.1315. The department may adopt rules to implement this
  870  subsection.
  871         Section 24. Subsection (2) of section 717.12404, Florida
  872  Statutes, is amended to read:
  873         717.12404 Claims on behalf of a business entity or trust.—
  874         (2) Claims on behalf of a dissolved corporation, a business
  875  entity other than an active corporation, or a trust must include
  876  a legible copy of a valid driver license of the person acting on
  877  behalf of the dissolved corporation, business entity other than
  878  an active corporation, or trust. If the person has not been
  879  issued a valid driver license, the department shall be provided
  880  with a legible copy of a photographic identification of the
  881  person issued by the United States, a foreign nation, or a
  882  political subdivision or agency thereof. In lieu of photographic
  883  identification, a notarized sworn statement by the person may be
  884  provided which affirms the person’s identity and states the
  885  person’s full name and address. The person must produce his or
  886  her photographic identification issued by the United States, a
  887  state or territory of the United States, a foreign nation, or a
  888  political subdivision or agency thereof or other evidence deemed
  889  acceptable by the department by rule. The notary shall indicate
  890  the notary’s full address on the notarized sworn statement. Any
  891  claim filed without the required identification or the sworn
  892  statement with the original claim form and the original Florida
  893  Uniform Unclaimed Property Recovery Agreement or Florida Uniform
  894  Property Purchase Agreement power of attorney, if applicable, is
  895  void.
  896         Section 25. Subsection (1) of section 717.1315, Florida
  897  Statutes, is amended to read:
  898         717.1315 Retention of records by claimant’s representatives
  899  and buyers of unclaimed property.—
  900         (1) Every claimant’s representative and buyer of unclaimed
  901  property shall keep and use in his or her business such books,
  902  accounts, and records of the business conducted under this
  903  chapter to enable the department to determine whether such
  904  person is complying with this chapter and the rules adopted by
  905  the department under this chapter. Every claimant’s
  906  representative and buyer of unclaimed property shall preserve
  907  such books, accounts, and records, including every Florida
  908  Uniform Unclaimed Property Recovery Agreement or Florida Uniform
  909  Property Purchase Agreement power of attorney or agreement
  910  between the owner and such claimant’s representative or buyer,
  911  for at least 3 years after the date of the initial power of
  912  attorney or agreement.
  913         Section 26. Paragraph (j) of subsection (1) of section
  914  717.1322, Florida Statutes, is amended to read:
  915         717.1322 Administrative and civil enforcement.—
  916         (1) The following acts are violations of this chapter and
  917  constitute grounds for an administrative enforcement action by
  918  the department in accordance with the requirements of chapter
  919  120 and for civil enforcement by the department in a court of
  920  competent jurisdiction:
  921         (j) Requesting or receiving compensation for notifying a
  922  person of his or her unclaimed property or assisting another
  923  person in filing a claim for unclaimed property, unless the
  924  person is an attorney licensed to practice law in this state, a
  925  Florida-certified public accountant, or a private investigator
  926  licensed under chapter 493, or entering into, or making a
  927  solicitation to enter into, an agreement a power of attorney to
  928  file a claim for unclaimed property owned by another, or a
  929  contract or agreement to purchase unclaimed property, unless
  930  such person is registered with the department pursuant to this
  931  chapter and an attorney licensed to practice law in this state
  932  in the regular practice of her or his profession, a Florida
  933  certified public accountant who is acting within the scope of
  934  the practice of public accounting as defined in chapter 473, or
  935  a private investigator licensed under chapter 493. This
  936  subsection does not apply to a person who has been granted a
  937  durable power of attorney to convey and receive all of the real
  938  and personal property of the owner, is the court-appointed
  939  guardian of the owner, has been employed as an attorney or
  940  qualified representative to contest the department’s denial of a
  941  claim, or has been employed as an attorney to probate the estate
  942  of the owner or an heir or legatee of the owner.
  943         Section 27. Section 717.135, Florida Statutes, is amended
  944  to read:
  945         (Substantial rewording of section. See
  946         s. 717.135, F.S., for present text.)
  947         717.135Recovery agreements and purchase agreements for
  948  claims filed by claimant’s representative; fees and costs.—
  949         (1)In order to protect the interests of owners of
  950  unclaimed property, the department shall adopt by rule a form
  951  entitled Florida Uniform Unclaimed Property Recovery Agreement
  952  and a form entitled Florida Uniform Property Purchase
  953  Agreement.
  954         (2)The Florida Uniform Unclaimed Property Recovery
  955  Agreement form and the Florida Uniform Property Purchase
  956  Agreement form must include and disclose:
  957         (a)The total dollar amount of unclaimed property accounts
  958  claimed or sold.
  959         (b)Either the total percentage of all authorized fees and
  960  costs to be paid to the claimant’s representative or the
  961  percentage of the value of the property to be paid as net gain
  962  to the purchasing registered claimant’s representative.
  963         (c)Either the total dollar amount to be deducted and
  964  received from the claimant as fees and costs by the claimant’s
  965  representative or the total net dollar amount to be received by
  966  the purchasing registered claimant’s representative.
  967         (d)The net dollar amount to be received by the claimant or
  968  seller.
  969         (e)For each account claimed, the unclaimed property
  970  account number and name of the apparent owner, as listed on the
  971  department’s database.
  972         (f)For the Florida Uniform Property Purchase Agreement, a
  973  statement that the purchase price will be remitted to the seller
  974  within 30 days after the execution of the form by the seller.
  975         (g)The name, address, e-mail address, phone number, and
  976  license number of the registered claimant’s representative.
  977         (h)The manual signature of the claimant or seller and the
  978  date signed.
  979         (i)The social security number or taxpayer identification
  980  number of the claimant or seller, if available. A number is
  981  available if one has been issued to the claimant or seller.
  982         (j)A limit of total fees and costs, or the total discount
  983  amount in the case of a purchase agreement, to no more than 20
  984  percent of the claimed amount.
  985         (3)For a Florida Uniform Property Purchase Agreement form,
  986  proof that the seller has received payment must be filed with
  987  the department along with the claim. If proof of payment is not
  988  provided, the claim is void.
  989         (4)A registered claimant’s representative shall use the
  990  Florida Uniform Unclaimed Property Recovery Agreement form or
  991  the Florida Uniform Property Purchase Agreement form as the
  992  exclusive means of engaging with a claimant or seller to file a
  993  claim with the department.
  994         (5)Fees and costs may be owed or paid to a registered
  995  claimant’s representative only pursuant to the forms authorized
  996  by this section and upon approval of the claim filed thereby.
  997         (6)A claimant’s representative may not use or distribute
  998  any other agreement of any type with respect to the claimant or
  999  seller which relates to unclaimed property accounts held by the
 1000  department or the Chief Financial Officer other than the
 1001  agreements authorized by this section. Any agreement that is not
 1002  authorized by this section is null and void.
 1003         (7)The forms under subsection (1):
 1004         (a)May not contain language that makes the agreement
 1005  irrevocable; and
 1006         (b)May not contain language that creates an assignment of
 1007  any unclaimed property held by the department.
 1008         (8)This section does not supersede the conflicting claims
 1009  provisions of s. 717.1241.
 1010         (9)At the time a claim is approved, the department may pay
 1011  any additional account that is owned by the claimant but has not
 1012  been claimed at the time of approval, provided that no
 1013  subsequent claim has been filed and is pending for the claimant
 1014  at the time of approval.
 1015         Section 28. Section 717.1351, Florida Statutes, is
 1016  repealed.
 1017         Section 29. This act shall take effect upon becoming a law.