Florida Senate - 2020                             CS for SB 1492
       
       
        
       By the Committee on Rules; and Senator Wright
       
       
       
       
       
       595-04234-20                                          20201492c1
    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; requiring that certain
   40         public adjuster’s contracts include a specified
   41         disclosure; specifying requirements for written
   42         estimates of loss provided by public adjusters to
   43         claimants or insureds; providing construction relating
   44         to the failure to provide the required estimate;
   45         amending s. 626.916, F.S.; revising the classes of
   46         insurance subject to a disclosure requirement before
   47         being eligible for export under the Surplus Lines Law;
   48         amending s. 626.9541, F.S.; adding certain acts or
   49         practices to the definition of sliding; amending s.
   50         626.9741, F.S.; requiring an insurer to include
   51         certain additional information when providing an
   52         applicant or insured with certain credit report or
   53         score information; amending ss. 626.9957 and 627.062,
   54         F.S.; conforming cross-references; amending s.
   55         627.421, F.S.; requiring personal lines residential
   56         property insurers to annually deliver a certain
   57         notification to certain policyholders within a
   58         specified timeframe; amending s. 627.502, F.S.;
   59         prohibiting life insurers from writing new policies of
   60         industrial life insurance beginning on a certain date;
   61         amending s. 627.7011, F.S.; providing that an insurer
   62         issuing a homeowner’s policy with certain coverage may
   63         provide the insured a list of recommended or preferred
   64         vendors for repairs to the dwelling only if requested
   65         by the insured; amending s. 627.70131, F.S.; providing
   66         that communication made to or by an insurer’s
   67         representative, rather than to or by an insurer’s
   68         agent, constitutes communication to or by the insurer;
   69         requiring an insurer-assigned licensed adjuster to
   70         provide the policyholder with certain information in
   71         certain investigations; specifying requirements for
   72         insurers in notifying policyholders for certain
   73         changes in assigned adjusters; requiring an insurer to
   74         establish a process to provide the agent of record
   75         access to claim status information for a certain
   76         purpose; defining the term “agent of record”;
   77         requiring insurers to include specified notices when
   78         providing preliminary or partial damage estimates or
   79         claim payments; specifying the timeframe in which an
   80         insurer must pay or deny property insurance claims
   81         under certain circumstances; providing applicability;
   82         conforming provisions to changes made by the act;
   83         creating s. 627.7031, F.S.; prohibiting foreign venue
   84         clauses in property insurance policies; providing
   85         applicability; amending s. 627.7142, F.S.; revising
   86         information contained in the Homeowner Claims Bill of
   87         Rights; conforming provisions to changes made by the
   88         act; amending s. 631.57, F.S.; deleting a deductible
   89         on the Florida Insurance Guaranty Association,
   90         Incorporated’s obligation as to certain covered
   91         claims; amending s. 648.30, F.S.; prohibiting the
   92         aiding or abetting of unlicensed activity of a bail
   93         bond agent or temporary bail bond agent; amending ss.
   94         717.124, 717.12404, 717.1315, and 717.1322, F.S.;
   95         conforming provisions to changes made by the act;
   96         amending s. 717.135, F.S.; replacing provisions
   97         relating to powers of attorney to recover unclaimed
   98         property with provisions relating to uniform forms for
   99         unclaimed property recovery agreements and purchase
  100         agreements; requiring the department to adopt the
  101         uniform forms by rule; specifying required information
  102         and disclosures in the forms; requiring that, for the
  103         purchase agreement form, proof the seller received
  104         payment be filed with the department along with the
  105         claim; requiring registered claimant’s representatives
  106         to use the forms as the exclusive means of engaging
  107         with a claimant or seller to file claims and
  108         prohibiting them from using or distributing other
  109         agreements; specifying a limitation on fees and costs
  110         owed or paid; prohibiting certain language in the
  111         forms; authorizing the department to pay additional
  112         accounts owned by the claimant under certain
  113         circumstances; providing construction; repealing s.
  114         717.1351, F.S., relating to the acquisition of
  115         unclaimed property; providing effective dates.
  116          
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. Paragraph (b) of subsection (9) of section
  120  501.0051, Florida Statutes, is amended to read:
  121         501.0051 Protected consumer report security freeze.—
  122         (9)
  123         (b) A consumer reporting agency may not charge to a
  124  reasonable fee, not to exceed $10, if the representative fails
  125  to retain the original unique personal identifier provided by
  126  the consumer reporting agency and the agency must reissue the
  127  unique personal identifier or provide a new unique personal
  128  identifier to the consumer representative.
  129         Section 2. Paragraph (b) of subsection (10) of section
  130  624.307, Florida Statutes, is amended to read:
  131         624.307 General powers; duties.—
  132         (10)
  133         (b) Any entity person licensed or issued a certificate of
  134  authority by the department or the office shall respond, in
  135  writing, to the division within 20 days after receipt of a
  136  written request for documents and information from the division
  137  concerning a consumer complaint. The response must address the
  138  issues and allegations raised in the complaint and include any
  139  requested documents concerning the consumer complaint not
  140  subject to attorney-client or work-product privilege. The
  141  division may impose an administrative penalty for failure to
  142  comply with this paragraph of up to $2,500 per violation upon
  143  any entity licensed by the department or the office and $250 for
  144  the first violation, $500 for the second violation, and up to
  145  $1,000 for the third or subsequent violation upon any individual
  146  licensed by the department or the office.
  147         Section 3. Present subsection (9) of section 626.112,
  148  Florida Statutes, is redesignated as subsection (10), a new
  149  subsection (9) is added to that section, and paragraph (d) of
  150  subsection (7) and present subsection (9) of that section are
  151  amended, to read:
  152         626.112 License and appointment required; agents, customer
  153  representatives, adjusters, insurance agencies, service
  154  representatives, managing general agents, insurance adjusting
  155  firms.—
  156         (7)
  157         (d)Effective October 1, 2015, the department must
  158  automatically convert the registration of an approved registered
  159  insurance agency to an insurance agency license.
  160         (9)(a)An individual, firm, partnership, corporation,
  161  association, or other entity may not act in its own name or
  162  under a trade name, directly or indirectly, as an adjusting firm
  163  unless it complies with s. 626.8696 with respect to possessing
  164  an adjusting firm license for each place of business at which it
  165  engages in an activity that may be performed only by a licensed
  166  insurance adjuster. However, an adjusting firm that is owned and
  167  operated by a single licensed adjuster conducting business in
  168  his or her individual name and not employing or otherwise using
  169  the services of or appointing other licensees is exempt from the
  170  adjusting firm licensing requirements of this subsection.
  171         (b)A branch place of business that is established by a
  172  licensed adjusting firm is considered a branch firm and is not
  173  required to be licensed if:
  174         1.It transacts business under the same name and federal
  175  tax identification number as the licensed adjusting firm;
  176         2.It has designated with the department a primary adjuster
  177  operating the location as required by s. 626.8695; and
  178         3.The address and telephone number of the branch location
  179  have been submitted to the department for inclusion in the
  180  licensing record of the licensed adjusting firm within 30 days
  181  after insurance transactions begin at the branch location.
  182         (c)If an adjusting firm is required to be licensed but
  183  fails to file an application for licensure in accordance with
  184  this section, the department shall impose on the firm an
  185  administrative penalty of up to $10,000.
  186         (10)(9) Any person who knowingly transacts insurance or
  187  otherwise engages in insurance activities in this state without
  188  a license in violation of this section or who knowingly aids or
  189  abets an unlicensed person in transacting insurance or otherwise
  190  engaging in insurance activities in this state without a license
  191  commits a felony of the third degree, punishable as provided in
  192  s. 775.082, s. 775.083, or s. 775.084.
  193         Section 4. Subsection (4) is added to section 626.602,
  194  Florida Statutes, to read:
  195         626.602 Insurance agency names; disapproval.—The department
  196  may disapprove the use of any true or fictitious name, other
  197  than the bona fide natural name of an individual, by any
  198  insurance agency on any of the following grounds:
  199         (4)The name contains the word “Medicare” or “Medicaid.” An
  200  insurance agency whose name contains the word “Medicare” or
  201  “Medicaid” but which is licensed as of July 1, 2020, may
  202  continue to use that name as long as the agency’s license is
  203  valid. If the agency’s license expires or is suspended or
  204  revoked, the agency may not be relicensed using that name.
  205         Section 5. Subsections (16) and (17) are added to section
  206  626.621, Florida Statutes, to read:
  207         626.621 Grounds for discretionary refusal, suspension, or
  208  revocation of agent’s, adjuster’s, customer representative’s,
  209  service representative’s, or managing general agent’s license or
  210  appointment.—The department may, in its discretion, deny an
  211  application for, suspend, revoke, or refuse to renew or continue
  212  the license or appointment of any applicant, agent, adjuster,
  213  customer representative, service representative, or managing
  214  general agent, and it may suspend or revoke the eligibility to
  215  hold a license or appointment of any such person, if it finds
  216  that as to the applicant, licensee, or appointee any one or more
  217  of the following applicable grounds exist under circumstances
  218  for which such denial, suspension, revocation, or refusal is not
  219  mandatory under s. 626.611:
  220         (16)Taking an action that allows the personal financial or
  221  medical information of a consumer or customer to be made
  222  available or accessible to the general public, regardless of the
  223  format in which the record is stored.
  224         (17)Initiating in-person or telephone solicitation after 9
  225  p.m. or before 8 a.m. local time of the prospective customer
  226  unless requested by the prospective customer.
  227         Section 6. Section 626.782, Florida Statutes, is amended to
  228  read:
  229         626.782 “Industrial class insurer” defined.—An “industrial
  230  class insurer” is an insurer collecting premiums on policies of
  231  writing industrial life insurance, as defined in s. 627.502,
  232  written before July 1, 2020, and as to such insurance, operates
  233  under a system of collecting a debit by its agent.
  234         Section 7. Section 626.783, Florida Statutes, is amended to
  235  read:
  236         626.783 “Ordinary-combination class insurer” defined.—An
  237  “ordinary-combination class insurer” is an insurer writing both
  238  ordinary class insurance and collecting premiums on existing
  239  industrial life class insurance under s. 626.782.
  240         Section 8. Section 626.796, Florida Statutes, is repealed.
  241         Section 9. Subsection (1) of section 626.8443, Florida
  242  Statutes, is amended to read:
  243         626.8443 Duration of suspension or revocation.—
  244         (1) The department shall, in its order suspending a title
  245  insurance agent’s or agency’s license or appointment or in its
  246  order suspending the eligibility of a person to hold or apply
  247  for such license or appointment, specify the period during which
  248  the suspension is to be in effect, but such period shall not
  249  exceed 2 years 1 year. The license, or appointment, or
  250  eligibility shall remain suspended during the period so
  251  specified, subject, however, to any rescission or modification
  252  of the order by the department, or modification or reversal
  253  thereof by the court, prior to expiration of the suspension
  254  period. A license, appointment, or eligibility that which has
  255  been suspended may not be reinstated except upon request for
  256  such reinstatement, but the department shall not grant such
  257  reinstatement if it finds that the circumstance or circumstances
  258  for which the license, appointment, and eligibility was
  259  suspended still exist or are likely to recur.
  260         Section 10. Subsections (6) and (11) of section 626.854,
  261  Florida Statutes, are amended to read:
  262         626.854 “Public adjuster” defined; prohibitions.—The
  263  Legislature finds that it is necessary for the protection of the
  264  public to regulate public insurance adjusters and to prevent the
  265  unauthorized practice of law.
  266         (6) Except during a state of emergency declared by the
  267  Governor and except during the 1-year period after the date of
  268  loss, an insured or claimant may cancel a public adjuster’s
  269  contract to adjust a claim without penalty or obligation within
  270  7 calendar 3 business days after the date on which the contract
  271  is executed or within 3 business days after the date on which
  272  the insured or claimant has notified the insurer of the claim,
  273  whichever is later. During a state of emergency declared by the
  274  Governor or during the 1-year period after the date of loss, an
  275  insured or a claimant may cancel a public adjuster’s contract to
  276  adjust a claim without penalty or obligation within 14 calendar
  277  days after the date on which the contract is executed. The
  278  public adjuster’s contract must disclose to the insured or
  279  claimant his or her right to cancel the contract and advise the
  280  insured or claimant that notice of cancellation must be
  281  submitted in writing and sent by certified mail, return receipt
  282  requested, or other form of mailing that provides proof thereof,
  283  to the public adjuster at the address specified in the contract.
  284  Any public adjuster’s contract entered into pursuant to a state
  285  of emergency or during the 1-year period after the date of a
  286  loss caused by the state of emergency must contain the following
  287  language in minimum 18-point bold type: “You, the insured, may
  288  cancel this contract for any reason without penalty or
  289  obligation to you within 14 days after the date of this contract
  290  by providing notice to ...(name of public adjuster)...,
  291  submitted in writing and sent by certified mail, return receipt
  292  requested, or other form of mailing that provides proof thereof,
  293  at the address specified in the contract. In addition, if
  294  ...(name of public adjuster)... fails to provide you with a
  295  written estimate (which must include an itemized, per-unit
  296  estimate of the repairs, including itemized information on
  297  equipment, materials, labor, and supplies, in accordance with
  298  accepted industry standards) within 45 days after the date of
  299  this contract, you, the insured, may cancel this contract with
  300  ...(name of public adjuster)... without penalty or obligation by
  301  providing notice as set forth above. This right to cancel the
  302  contract without penalty or obligation shall continue until such
  303  time as ...(name of public adjuster)... submits the required
  304  estimate to you.”; provided, during any state of emergency as
  305  declared by the Governor and for 1 year after the date of loss,
  306  the insured or claimant has 5 business days after the date on
  307  which the contract is executed to cancel a public adjuster’s
  308  contract.
  309         (11) Each public adjuster must provide to the claimant or
  310  insured a written estimate of the loss to assist in the
  311  submission of a proof of loss or any other claim for payment of
  312  insurance proceeds. The written estimate must include an
  313  itemized, per-unit estimate of the repairs, including itemized
  314  information on equipment, materials, labor, and supplies, in
  315  accordance with accepted industry standards. The public adjuster
  316  shall retain such written estimate for at least 5 years and
  317  shall make the estimate available to the claimant or insured,
  318  the insurer, and the department upon request. Failure to provide
  319  the required estimate within 45 calendar days after the date on
  320  which the contract is executed shall restore the insured’s right
  321  to cancel the public adjuster’s contract without penalty or
  322  obligation. The insured retains such right until such time as
  323  the public adjuster submits the required estimate.
  324         Section 11. Effective January 1, 2021, subsection (3) of
  325  section 626.916, Florida Statutes, is amended, and paragraph (f)
  326  is added to subsection (1) of that section, to read:
  327         626.916 Eligibility for export.—
  328         (1) No insurance coverage shall be eligible for export
  329  unless it meets all of the following conditions:
  330         (f)The insured has signed or otherwise provided documented
  331  acknowledgment of a disclosure in substantially the following
  332  form: “You are agreeing to place coverage in the surplus lines
  333  market. Coverage may be available in the admitted market.
  334  Persons insured by surplus lines carriers are not protected
  335  under the Florida Insurance Guaranty Act with respect to any
  336  right of recovery for the obligation of an insolvent unlicensed
  337  insurer.”
  338         (3)(a) Subsection (1) does not apply to wet marine and
  339  transportation or aviation risks that which are subject to s.
  340  626.917.
  341         (b) Paragraphs (1)(a)-(d) do not apply to classes of
  342  insurance which are subject to s. 627.062(3)(d)1. These classes
  343  may be exportable under the following conditions:
  344         1. The insurance must be placed only by or through a
  345  surplus lines agent licensed in this state;
  346         2. The insurer must be made eligible under s. 626.918; and
  347         3. The insured has complied with paragraph (1)(f) must sign
  348  a disclosure that substantially provides the following: “You are
  349  agreeing to place coverage in the surplus lines market. Superior
  350  coverage may be available in the admitted market and at a lesser
  351  cost. Persons insured by surplus lines carriers are not
  352  protected under the Florida Insurance Guaranty Act with respect
  353  to any right of recovery for the obligation of an insolvent
  354  unlicensed insurer.” If the disclosure notice is signed by the
  355  insured, the insured is presumed to have been informed and to
  356  know that other coverage may be available, and, with respect to
  357  the diligent-effort requirement under subsection (1), there is
  358  no liability on the part of, and no cause of action arises
  359  against, the retail agent presenting the form.
  360         Section 12. Paragraph (z) of subsection (1) of section
  361  626.9541, Florida Statutes, is amended to read:
  362         626.9541 Unfair methods of competition and unfair or
  363  deceptive acts or practices defined.—
  364         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  365  ACTS.—The following are defined as unfair methods of competition
  366  and unfair or deceptive acts or practices:
  367         (z) Sliding.—Sliding is the act or practice of any of the
  368  following:
  369         1. Representing to the applicant that a specific ancillary
  370  coverage or product is required by law in conjunction with the
  371  purchase of insurance when such coverage or product is not
  372  required.;
  373         2. Representing to the applicant that a specific ancillary
  374  coverage or product is included in the policy applied for
  375  without an additional charge when such charge is required.; or
  376         3. Charging an applicant for a specific ancillary coverage
  377  or product, in addition to the cost of the insurance coverage
  378  applied for, without the informed consent of the applicant.
  379         4.Initiating, effectuating, binding, or otherwise issuing
  380  a policy of insurance without the prior informed consent of the
  381  owner of the property to be insured.
  382         5.Mailing, transmitting, or otherwise submitting by any
  383  means an invoice for premium payment to a mortgagee or escrow
  384  agent, for the purpose of effectuating an insurance policy,
  385  without the prior informed consent of the owner of the property
  386  to be insured. However, this subparagraph does not apply in
  387  cases where the mortgagee or escrow agent is renewing insurance
  388  or issuing collateral protection insurance, as defined in s.
  389  624.6085, pursuant to the mortgage or other pertinent loan
  390  documents or communications regarding the property.
  391         Section 13. Effective January 1, 2021, subsection (3) of
  392  section 626.9741, Florida Statutes, is amended to read:
  393         626.9741 Use of credit reports and credit scores by
  394  insurers.—
  395         (3) An insurer must inform an applicant or insured, in the
  396  same medium as the application is taken, that a credit report or
  397  score is being requested for underwriting or rating purposes.
  398  The notification to the consumer must include the following
  399  language: “The Department of Financial Services offers free
  400  financial literacy programs to assist you with insurance-related
  401  questions, including how credit works and how credit scores are
  402  calculated. To learn more, call 1-877-693-5236 or visit
  403  www.MyFloridaCFO.com.” An insurer that makes an adverse decision
  404  based, in whole or in part, upon a credit report must provide at
  405  no charge, a copy of the credit report to the applicant or
  406  insured or provide the applicant or insured with the name,
  407  address, and telephone number of the consumer reporting agency
  408  from which the insured or applicant may obtain the credit
  409  report. The insurer must provide notification to the consumer
  410  explaining the reasons for the adverse decision. The reasons
  411  must be provided in sufficiently clear and specific language so
  412  that a person can identify the basis for the insurer’s adverse
  413  decision. Such notification shall include a description of the
  414  four primary reasons, or such fewer number as existed, which
  415  were the primary influences of the adverse decision. The use of
  416  generalized terms such as “poor credit history,” “poor credit
  417  rating,” or “poor insurance score” does not meet the explanation
  418  requirements of this subsection. A credit score may not be used
  419  in underwriting or rating insurance unless the scoring process
  420  produces information in sufficient detail to permit compliance
  421  with the requirements of this subsection. It shall not be deemed
  422  an adverse decision if, due to the insured’s credit report or
  423  credit score, the insured continues to receive a less favorable
  424  rate or placement in a less favorable tier or company at the
  425  time of renewal except for renewals or reunderwriting required
  426  by this section.
  427         Section 14. Subsection (1) of section 626.9957, Florida
  428  Statutes, is amended to read:
  429         626.9957 Conduct prohibited; denial, revocation, or
  430  suspension of registration.—
  431         (1) As provided in s. 626.112, only a person licensed as an
  432  insurance agent or customer representative may engage in the
  433  solicitation of insurance. A person who engages in the
  434  solicitation of insurance as described in s. 626.112(1) without
  435  such license is subject to the penalties provided under s.
  436  626.112(10) s. 626.112(9).
  437         Section 15. Subsection (10) of section 627.062, Florida
  438  Statutes, is amended to read:
  439         627.062 Rate standards.—
  440         (10) Any interest paid pursuant to s. 627.70131(7) s.
  441  627.70131(5) may not be included in the insurer’s rate base and
  442  may not be used to justify a rate or rate change.
  443         Section 16. Effective January 1, 2021, subsection (6) is
  444  added to section 627.421, Florida Statutes, to read:
  445         627.421 Delivery of policy.—
  446         (6)For personal lines residential property insurance
  447  policies, the insurer shall, between March 1 and June 1 of each
  448  year, inclusive, deliver an outline of the hurricane coverage as
  449  specified in s. 627.4143(3), along with a current policy
  450  declarations page. This requirement shall apply only for those
  451  insureds who have provided the insurer with a valid e-mail
  452  address. This information shall be delivered directly to the
  453  policyholder via e-mail or by an e-mail notice of information
  454  being posted to a secure web-based policy information page.
  455         Section 17. Section 627.502, Florida Statutes, is amended
  456  to read:
  457         627.502 “Industrial life insurance” defined; reporting;
  458  prohibition on new policies after a certain date.—
  459         (1) For the purposes of this code, “industrial life
  460  insurance” is that form of life insurance written under policies
  461  under which premiums are payable monthly or more often, bearing
  462  the words “industrial policy” or “weekly premium policy” or
  463  words of similar import imprinted upon the policies as part of
  464  the descriptive matter, and issued by an insurer that which, as
  465  to such industrial life insurance, is operating under a system
  466  of collecting a debit by its agent.
  467         (2) Every life insurer servicing existing transacting
  468  industrial life insurance shall report to the office all annual
  469  statement data regarding the exhibit of life insurance,
  470  including relevant information for industrial life insurance.
  471         (3)Beginning July 1, 2020, a life insurer may not write a
  472  new policy of industrial life insurance.
  473         Section 18. Paragraph (a) of subsection (3) of section
  474  627.7011, Florida Statutes, is amended to read:
  475         627.7011 Homeowners’ policies; offer of replacement cost
  476  coverage and law and ordinance coverage.—
  477         (3) In the event of a loss for which a dwelling or personal
  478  property is insured on the basis of replacement costs:
  479         (a) For a dwelling, the insurer must initially pay at least
  480  the actual cash value of the insured loss, less any applicable
  481  deductible. The insurer shall pay any remaining amounts
  482  necessary to perform such repairs as work is performed and
  483  expenses are incurred. If a total loss of a dwelling occurs, the
  484  insurer shall pay the replacement cost coverage without
  485  reservation or holdback of any depreciation in value, pursuant
  486  to s. 627.702. A list of recommended or preferred vendors may be
  487  provided to the insured for repairs to the dwelling only if
  488  requested by the insured.
  489         Section 19. Effective January 1, 2021, section 627.70131,
  490  Florida Statutes, is amended to read:
  491         627.70131 Insurer’s duty to acknowledge communications
  492  regarding claims; investigation.—
  493         (1)(a) Upon an insurer’s receiving a communication with
  494  respect to a claim, the insurer shall, within 14 calendar days,
  495  review and acknowledge receipt of such communication unless
  496  payment is made within that period of time or unless the failure
  497  to acknowledge is caused by factors beyond the control of the
  498  insurer which reasonably prevent such acknowledgment. If the
  499  acknowledgment is not in writing, a notification indicating
  500  acknowledgment shall be made in the insurer’s claim file and
  501  dated. A communication made to or by a representative an agent
  502  of an insurer with respect to a claim shall constitute
  503  communication to or by the insurer.
  504         (b) As used in this subsection, the term “representative”
  505  “agent” means any person to whom an insurer has granted
  506  authority or responsibility to receive or make such
  507  communications with respect to claims on behalf of the insurer.
  508         (c) This subsection shall not apply to claimants
  509  represented by counsel beyond those communications necessary to
  510  provide forms and instructions.
  511         (2) Such acknowledgment shall be responsive to the
  512  communication. If the communication constitutes a notification
  513  of a claim, unless the acknowledgment reasonably advises the
  514  claimant that the claim appears not to be covered by the
  515  insurer, the acknowledgment shall provide necessary claim forms,
  516  and instructions, including an appropriate telephone number.
  517         (3)(a) Unless otherwise provided by the policy of insurance
  518  or by law, within 10 business working days after an insurer
  519  receives proof of loss statements, the insurer shall begin such
  520  investigation as is reasonably necessary unless the failure to
  521  begin such investigation is caused by factors beyond the control
  522  of the insurer which reasonably prevent the commencement of such
  523  investigation.
  524         (b)If such investigation involves a physical inspection of
  525  the property, the licensed adjuster assigned by the insurer must
  526  provide the policyholder with his or her name, license number,
  527  and contact information.
  528         (c)If an insurer assigns the claim to a different licensed
  529  adjuster from the adjuster who performed the physical
  530  inspection, the insurer must, within 14 days after changing the
  531  licensed insurance adjuster assigned to a claim, provide the
  532  name, license number, and contact information of the new
  533  adjuster to the policyholder. The notification may be made
  534  electronically or via mail. If the notification is a physical
  535  letter, it must be postmarked within 14 days after the change in
  536  adjuster. The policyholder must be provided notice of any
  537  subsequent change to the assigned adjuster as set forth by this
  538  paragraph.
  539         (4) An insurer shall establish a process by which an agent
  540  of record for an insurance policy receives the same notice as
  541  the policyholder as provided in paragraphs (3)(b) and (3)(c) in
  542  order to assist the agent of record in answering the
  543  policyholder’s questions regarding claims. As used in this
  544  subsection, the term “agent of record” means the agent named on
  545  the declarations page of the insurance policy or, if there is no
  546  agent of record, another designated point of contact.
  547         (5) For purposes of this section, the term “insurer” means
  548  any residential property insurer.
  549         (6)(a)When providing a preliminary or partial estimate of
  550  damage regarding a claim, an insurer shall include with the
  551  estimate the following statement printed in at least 12-point
  552  bold, uppercase type: THIS ESTIMATE REPRESENTS OUR CURRENT
  553  EVALUATION OF THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND
  554  MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU
  555  HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING
  556  YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US.
  557         (b)When providing a payment on a claim which is not the
  558  full and final payment for the claim, an insurer shall include
  559  with the payment the following statement printed in at least 12
  560  point bold, uppercase type: WE ARE CONTINUING TO EVALUATE YOUR
  561  CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL
  562  PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL
  563  INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT
  564  US.
  565         (7)(5)(a) Within 90 calendar days after an insurer receives
  566  notice of an initial, reopened, or supplemental property
  567  insurance claim from a policyholder, the insurer shall pay or
  568  deny such claim or a portion of the claim unless the failure to
  569  pay is caused by factors beyond the control of the insurer which
  570  reasonably prevent such payment. Any payment of an initial or
  571  supplemental claim or portion of such claim made 90 calendar
  572  days after the insurer receives notice of the claim, or made
  573  more than 15 days after there are no longer factors beyond the
  574  control of the insurer which reasonably prevented such payment,
  575  whichever is later, bears interest at the rate set forth in s.
  576  55.03. Interest begins to accrue from the date the insurer
  577  receives notice of the claim. The provisions of this subsection
  578  may not be waived, voided, or nullified by the terms of the
  579  insurance policy. If there is a right to prejudgment interest,
  580  the insured shall select whether to receive prejudgment interest
  581  or interest under this subsection. Interest is payable when the
  582  claim or portion of the claim is paid. Failure to comply with
  583  this subsection constitutes a violation of this code. However,
  584  failure to comply with this subsection does not form the sole
  585  basis for a private cause of action.
  586         (b) Notwithstanding subsection (5) (4), for purposes of
  587  this subsection, the term “claim” means any of the following:
  588         1. A claim under an insurance policy providing residential
  589  coverage as defined in s. 627.4025(1);
  590         2. A claim for structural or contents coverage under a
  591  commercial property insurance policy if the insured structure is
  592  10,000 square feet or less; or
  593         3. A claim for contents coverage under a commercial tenant
  594  policy if the insured premises is 10,000 square feet or less.
  595         (c) This subsection shall not apply to claims under an
  596  insurance policy covering nonresidential commercial structures
  597  or contents in more than one state.
  598         (8)This section also applies to surplus lines insurers and
  599  surplus lines insurance authorized under ss. 626.913-626.937
  600  providing residential coverage, where coverage on the primary
  601  insured structure is less than $700,000.
  602         Section 20. Section 627.7031, Florida Statutes, is created
  603  to read:
  604         627.7031Foreign venue clauses prohibited.—After July 1,
  605  2020, a personal residential property insurance policy sold in
  606  this state, insuring only real property located in this state,
  607  may not require an insured to pursue dispute resolution through
  608  litigation, arbitration, or mediation outside this state. This
  609  section also applies to surplus lines insurers and surplus lines
  610  insurance authorized under ss. 626.913-626.937.
  611         Section 21. Effective January 1, 2021, section 627.7142,
  612  Florida Statutes, is amended to read:
  613         627.7142 Homeowner Claims Bill of Rights.—An insurer
  614  issuing a personal lines residential property insurance policy
  615  in this state must provide a Homeowner Claims Bill of Rights to
  616  a policyholder within 14 days after receiving an initial
  617  communication with respect to a claim, unless the claim follows
  618  an event that is the subject of a declaration of a state of
  619  emergency by the Governor. The purpose of the bill of rights is
  620  to summarize, in simple, nontechnical terms, existing Florida
  621  law regarding the rights of a personal lines residential
  622  property insurance policyholder who files a claim of loss. The
  623  Homeowner Claims Bill of Rights is specific to the claims
  624  process and does not represent all of a policyholder’s rights
  625  under Florida law regarding the insurance policy. The Homeowner
  626  Claims Bill of Rights does not create a civil cause of action by
  627  any individual policyholder or class of policyholders against an
  628  insurer or insurers. The failure of an insurer to properly
  629  deliver the Homeowner Claims Bill of Rights is subject to
  630  administrative enforcement by the office but is not admissible
  631  as evidence in a civil action against an insurer. The Homeowner
  632  Claims Bill of Rights does not enlarge, modify, or contravene
  633  statutory requirements, including, but not limited to, ss.
  634  626.854, 626.9541, 627.70131, 627.7015, and 627.7074, and does
  635  not prohibit an insurer from exercising its right to repair
  636  damaged property in compliance with the terms of an applicable
  637  policy or ss. 627.7011(5)(e) and 627.702(7). The Homeowner
  638  Claims Bill of Rights must state:
  639  
  640                          HOMEOWNER CLAIMS                         
  641                           BILL OF RIGHTS                          
  642         This Bill of Rights is specific to the claims process
  643         and does not represent all of your rights under
  644         Florida law regarding your policy. There are also
  645         exceptions to the stated timelines when conditions are
  646         beyond your insurance company’s control. This document
  647         does not create a civil cause of action by an
  648         individual policyholder, or a class of policyholders,
  649         against an insurer or insurers and does not prohibit
  650         an insurer from exercising its right to repair damaged
  651         property in compliance with the terms of an applicable
  652         policy.
  653  
  654         YOU HAVE THE RIGHT TO:
  655         1. Receive from your insurance company an
  656         acknowledgment of your reported claim within 14
  657         calendar days after the time you communicated the
  658         claim.
  659         2. Upon written request, receive from your
  660         insurance company within 30 days after you have
  661         submitted a complete proof-of-loss statement to your
  662         insurance company, confirmation that your claim is
  663         covered in full, partially covered, or denied, or
  664         receive a written statement that your claim is being
  665         investigated.
  666         3. Within 14 calendar days, receive notification
  667         from your insurance company if there has been a change
  668         in the company adjuster who is assigned to your claim.
  669         The notification must include the assigned adjuster’s
  670         contact information.
  671         4. Within 90 calendar days, subject to any dual
  672         interest noted in the policy, receive full settlement
  673         payment for your claim or payment of the undisputed
  674         portion of your claim, or your insurance company’s
  675         denial of your claim.
  676         5.Receive payment of interest, as provided in s.
  677         627.7031, from your insurance company, which begins
  678         accruing from the date your claim is filed if your
  679         insurance company does not pay full settlement of your
  680         initial, reopened, or supplemental claim or the
  681         undisputed portion of your claim or does not deny your
  682         claim within 90 calendar days after your claim is
  683         filed. The interest, if applicable, must be paid when
  684         your claim or undisputed portion of your claim is
  685         paid.
  686         6.4. Free mediation of your disputed claim by the
  687         Florida Department of Financial Services, Division of
  688         Consumer Services, under most circumstances and
  689         subject to certain restrictions.
  690         7.5. Neutral evaluation of your disputed claim,
  691         if your claim is for damage caused by a sinkhole and
  692         is covered by your policy.
  693         8.6. Contact the Florida Department of Financial
  694         Services, Division of Consumer Services’ toll-free
  695         helpline for assistance with any insurance claim or
  696         questions pertaining to the handling of your claim.
  697         You can reach the Helpline by phone at...(toll-free
  698         phone number)..., or you can seek assistance online at
  699         the Florida Department of Financial Services, Division
  700         of Consumer Services’ website at...(website
  701         address)....
  702  
  703         YOU ARE ADVISED TO:
  704         1. Contact your insurance company before entering
  705         into any contract for repairs to confirm any managed
  706         repair policy provisions or optional preferred
  707         vendors.
  708         2. Make and document emergency repairs that are
  709         necessary to prevent further damage. Keep the damaged
  710         property, if feasible, keep all receipts, and take
  711         photographs or video of damage before and after any
  712         repairs to provide to your insurer.
  713         3. Carefully read any contract that requires you
  714         to pay out-of-pocket expenses or a fee that is based
  715         on a percentage of the insurance proceeds that you
  716         will receive for repairing or replacing your property.
  717         4. Confirm that the contractor you choose is
  718         licensed to do business in Florida. You can verify a
  719         contractor’s license and check to see if there are any
  720         complaints against him or her by calling the Florida
  721         Department of Business and Professional Regulation.
  722         You should also ask the contractor for references from
  723         previous work.
  724         5. Require all contractors to provide proof of
  725         insurance before beginning repairs.
  726         6. Take precautions if the damage requires you to
  727         leave your home, including securing your property and
  728         turning off your gas, water, and electricity, and
  729         contacting your insurance company and provide a phone
  730         number where you can be reached.
  731         Section 22. Paragraph (a) of subsection (1) and subsection
  732  (6) of section 631.57, Florida Statutes, are amended to read:
  733         631.57 Powers and duties of the association.—
  734         (1) The association shall:
  735         (a)1. Be obligated to the extent of the covered claims
  736  existing:
  737         a. Prior to adjudication of insolvency and arising within
  738  30 days after the determination of insolvency;
  739         b. Before the policy expiration date if less than 30 days
  740  after the determination; or
  741         c. Before the insured replaces the policy or causes its
  742  cancellation, if she or he does so within 30 days of the
  743  determination.
  744         2. The obligation under subparagraph 1. includes only the
  745  amount of each covered claim which is in excess of $100 and is
  746  less than $300,000, except that policies providing coverage for
  747  homeowner’s insurance shall provide for an additional $200,000
  748  for the portion of a covered claim which relates only to the
  749  damage to the structure and contents.
  750         3.a. Notwithstanding subparagraph 2., the obligation under
  751  subparagraph 1. for policies covering condominium associations
  752  or homeowners’ associations, which associations have a
  753  responsibility to provide insurance coverage on residential
  754  units within the association, shall include that amount of each
  755  covered property insurance claim which is less than $100,000
  756  multiplied by the number of condominium units or other
  757  residential units; however, as to homeowners’ associations, this
  758  sub-subparagraph applies only to claims for damage or loss to
  759  residential units and structures attached to residential units.
  760         b. Notwithstanding sub-subparagraph a., the association has
  761  no obligation to pay covered claims that are to be paid from the
  762  proceeds of bonds issued under s. 631.695. However, the
  763  association shall assign and pledge the first available moneys
  764  from all or part of the assessments to be made under paragraph
  765  (3)(a) to or on behalf of the issuer of such bonds for the
  766  benefit of the holders of such bonds. The association shall
  767  administer any such covered claims and present valid covered
  768  claims for payment in accordance with the provisions of the
  769  assistance program in connection with which such bonds have been
  770  issued.
  771         4. In no event shall the association be obligated to a
  772  policyholder or claimant in an amount in excess of the
  773  obligation of the insolvent insurer under the policy from which
  774  the claim arises.
  775         (6) The association may extend the time limits specified in
  776  paragraph (1)(a) by up to an additional 60 days or waive the
  777  applicability of the $100 deductible specified in paragraph
  778  (1)(a) if the board determines that either or both such actions
  779  are necessary to facilitate the bulk assumption of obligations.
  780         Section 23. Section 648.30, Florida Statutes, is amended to
  781  read:
  782         648.30 Licensure and appointment required; prohibited acts;
  783  penalties.—
  784         (1) A person may not act in the capacity of a bail bond
  785  agent or temporary bail bond agent or perform any of the
  786  functions, duties, or powers prescribed for bail bond agents or
  787  temporary bail bond agents under this chapter unless that person
  788  is qualified, licensed, and appointed as provided in this
  789  chapter.
  790         (2) A person may not represent himself or herself to be a
  791  bail enforcement agent, bounty hunter, or other similar title in
  792  this state.
  793         (3) A person, other than a certified law enforcement
  794  officer, may not apprehend, detain, or arrest a principal on a
  795  bond, wherever issued, unless that person is qualified,
  796  licensed, and appointed as provided in this chapter or licensed
  797  as a bail bond agent or bail bond enforcement agent, or holds an
  798  equivalent license by the state where the bond was written.
  799         (4) Any person who violates this section commits a felony
  800  of the third degree, punishable as provided in s. 775.082, s.
  801  775.083, or s. 775.084.
  802         (5)Any licensee under this chapter who knowingly aids or
  803  abets an unlicensed person in violating this section commits a
  804  felony of the third degree, punishable as provided in s.
  805  775.082, s. 775.083, or s. 775.084.
  806         Section 24. Paragraphs (b) and (c) of subsection (4) and
  807  subsections (1) and (10) of section 717.124, Florida Statutes,
  808  are amended to read:
  809         717.124 Unclaimed property claims.—
  810         (1) Any person, excluding another state, claiming an
  811  interest in any property paid or delivered to the department
  812  under this chapter may file with the department a claim on a
  813  form prescribed by the department and verified by the claimant
  814  or the claimant’s representative. The claimant’s representative
  815  must be an attorney licensed to practice law in this state, a
  816  licensed Florida-certified public accountant, or a private
  817  investigator licensed under chapter 493. The claimant’s
  818  representative must be registered with the department under this
  819  chapter. The claimant, or the claimant’s representative, shall
  820  provide the department with a legible copy of a valid driver
  821  license of the claimant at the time the original claim form is
  822  filed. If the claimant has not been issued a valid driver
  823  license at the time the original claim form is filed, the
  824  department shall be provided with a legible copy of a
  825  photographic identification of the claimant issued by the United
  826  States, a state or territory of the United States, a foreign
  827  nation, or a political subdivision or agency thereof or other
  828  evidence deemed acceptable by the department by rule. In lieu of
  829  photographic identification, a notarized sworn statement by the
  830  claimant may be provided which affirms the claimant’s identity
  831  and states the claimant’s full name and address. The claimant
  832  must produce to the notary photographic identification of the
  833  claimant issued by the United States, a state or territory of
  834  the United States, a foreign nation, or a political subdivision
  835  or agency thereof or other evidence deemed acceptable by the
  836  department by rule. The notary shall indicate the notary’s full
  837  address on the notarized sworn statement. Any claim filed
  838  without the required identification or the sworn statement with
  839  the original claim form and the original Florida Uniform
  840  Unclaimed Property Recovery Agreement or Florida Uniform
  841  Property Purchase Agreement power of attorney or purchase
  842  agreement, if applicable, is void.
  843         (a) Within 90 days after receipt of a claim, the department
  844  may return any claim that provides for the receipt of fees and
  845  costs greater than that permitted under this chapter or that
  846  contains any apparent errors or omissions. The department may
  847  also request that the claimant or the claimant’s representative
  848  provide additional information. The department shall retain a
  849  copy or electronic image of the claim.
  850         (b) A claimant or the claimant’s representative shall be
  851  deemed to have withdrawn a claim if no response to the
  852  department’s request for additional information is received by
  853  the department within 60 days after the notification of any
  854  apparent errors or omissions.
  855         (c) Within 90 days after receipt of the claim, or the
  856  response of the claimant or the claimant’s representative to the
  857  department’s request for additional information, whichever is
  858  later, the department shall determine each claim. Such
  859  determination shall contain a notice of rights provided by ss.
  860  120.569 and 120.57. The 90-day period shall be extended by 60
  861  days if the department has good cause to need additional time or
  862  if the unclaimed property:
  863         1. Is owned by a person who has been a debtor in
  864  bankruptcy;
  865         2. Was reported with an address outside of the United
  866  States;
  867         3. Is being claimed by a person outside of the United
  868  States; or
  869         4. Contains documents filed in support of the claim that
  870  are not in the English language and have not been accompanied by
  871  an English language translation.
  872         (d) The department shall deny any claim under which the
  873  claimant’s representative has refused to authorize the
  874  department to reduce the fees and costs to the maximum permitted
  875  under this chapter.
  876         (4)
  877         (b) If an owner authorizes an attorney licensed to practice
  878  law in this state, Florida-certified public accountant, or
  879  private investigator licensed under chapter 493, and registered
  880  with the department under this chapter, to claim the unclaimed
  881  property on the owner’s behalf, the department is authorized to
  882  make distribution of the property or money in accordance with
  883  the Florida Uniform Unclaimed Property Recovery Agreement or
  884  Florida Uniform Property Purchase Agreement under s. 717.135
  885  such power of attorney. The original Florida Uniform Unclaimed
  886  Property Recovery Agreement or Florida Uniform Property Purchase
  887  Agreement power of attorney must be executed by the claimant or
  888  seller owner and must be filed with the department.
  889         (c)1. Payments of approved claims for unclaimed cash
  890  accounts shall be made to the owner after deducting any fees and
  891  costs authorized pursuant to a Florida Uniform Unclaimed
  892  Property Recovery Agreement written power of attorney. The
  893  contents of a safe-deposit box shall be delivered directly to
  894  the claimant notwithstanding any power of attorney or agreement
  895  to the contrary.
  896         2. Payments of fees and costs authorized pursuant to a
  897  Florida Uniform Unclaimed Property Recovery Agreement written
  898  power of attorney for approved claims must shall be made or
  899  issued to the law firm of the designated attorney licensed to
  900  practice law in this state, the public accountancy firm of the
  901  licensed Florida-certified public accountant, or the designated
  902  employing private investigative agency licensed by this state.
  903  Such payments shall be made by electronic funds transfer and may
  904  be made on such periodic schedule as the department may define
  905  by rule, provided the payment intervals do not exceed 31 days.
  906  Payment made to an attorney licensed in this state, a Florida
  907  certified public accountant, or a private investigator licensed
  908  under chapter 493, operating individually or as a sole
  909  practitioner, shall be to the attorney, certified public
  910  accountant, or private investigator.
  911         (10) Notwithstanding any other provision of this chapter,
  912  the department may develop a process by which a registered
  913  claimant’s representative or a buyer of unclaimed property may
  914  electronically submit to the department an electronic image of a
  915  completed claim and claims-related documents pursuant to this
  916  chapter, including a Florida Uniform Unclaimed Property Recovery
  917  Agreement or Florida Uniform Property Purchase Agreement a
  918  limited power of attorney or purchase agreement that has been
  919  manually signed and dated by a claimant or seller pursuant to s.
  920  717.135 or s. 717.1351, after the claimant’s representative or
  921  the buyer of unclaimed property receives the original documents
  922  provided by the claimant or the seller for any claim. Each claim
  923  filed by a registered claimant’s representative or a buyer of
  924  unclaimed property must include a statement by the claimant’s
  925  representative or the buyer of unclaimed property attesting that
  926  all documents are true copies of the original documents and that
  927  all original documents are physically in the possession of the
  928  claimant’s representative or the buyer of unclaimed property.
  929  All original documents must be kept in the original form, by
  930  claim number, under the secure control of the claimant’s
  931  representative or the buyer of unclaimed property and must be
  932  available for inspection by the department in accordance with s.
  933  717.1315. The department may adopt rules to implement this
  934  subsection.
  935         Section 25. Subsection (2) of section 717.12404, Florida
  936  Statutes, is amended to read:
  937         717.12404 Claims on behalf of a business entity or trust.—
  938         (2) Claims on behalf of a dissolved corporation, a business
  939  entity other than an active corporation, or a trust must include
  940  a legible copy of a valid driver license of the person acting on
  941  behalf of the dissolved corporation, business entity other than
  942  an active corporation, or trust. If the person has not been
  943  issued a valid driver license, the department shall be provided
  944  with a legible copy of a photographic identification of the
  945  person issued by the United States, a foreign nation, or a
  946  political subdivision or agency thereof. In lieu of photographic
  947  identification, a notarized sworn statement by the person may be
  948  provided which affirms the person’s identity and states the
  949  person’s full name and address. The person must produce his or
  950  her photographic identification issued by the United States, a
  951  state or territory of the United States, a foreign nation, or a
  952  political subdivision or agency thereof or other evidence deemed
  953  acceptable by the department by rule. The notary shall indicate
  954  the notary’s full address on the notarized sworn statement. Any
  955  claim filed without the required identification or the sworn
  956  statement with the original claim form and the original Florida
  957  Uniform Unclaimed Property Recovery Agreement or Florida Uniform
  958  Property Purchase Agreement power of attorney, if applicable, is
  959  void.
  960         Section 26. Subsection (1) of section 717.1315, Florida
  961  Statutes, is amended to read:
  962         717.1315 Retention of records by claimant’s representatives
  963  and buyers of unclaimed property.—
  964         (1) Every claimant’s representative and buyer of unclaimed
  965  property shall keep and use in his or her business such books,
  966  accounts, and records of the business conducted under this
  967  chapter to enable the department to determine whether such
  968  person is complying with this chapter and the rules adopted by
  969  the department under this chapter. Every claimant’s
  970  representative and buyer of unclaimed property shall preserve
  971  such books, accounts, and records, including every Florida
  972  Uniform Unclaimed Property Recovery Agreement or Florida Uniform
  973  Property Purchase Agreement power of attorney or agreement
  974  between the owner and such claimant’s representative or buyer,
  975  for at least 3 years after the date of the initial power of
  976  attorney or agreement.
  977         Section 27. Paragraph (j) of subsection (1) of section
  978  717.1322, Florida Statutes, is amended to read:
  979         717.1322 Administrative and civil enforcement.—
  980         (1) The following acts are violations of this chapter and
  981  constitute grounds for an administrative enforcement action by
  982  the department in accordance with the requirements of chapter
  983  120 and for civil enforcement by the department in a court of
  984  competent jurisdiction:
  985         (j) Requesting or receiving compensation for notifying a
  986  person of his or her unclaimed property or assisting another
  987  person in filing a claim for unclaimed property, unless the
  988  person is an attorney licensed to practice law in this state, a
  989  Florida-certified public accountant, or a private investigator
  990  licensed under chapter 493, or entering into, or making a
  991  solicitation to enter into, an agreement a power of attorney to
  992  file a claim for unclaimed property owned by another, or a
  993  contract or agreement to purchase unclaimed property, unless
  994  such person is registered with the department pursuant to this
  995  chapter and an attorney licensed to practice law in this state
  996  in the regular practice of her or his profession, a Florida
  997  certified public accountant who is acting within the scope of
  998  the practice of public accounting as defined in chapter 473, or
  999  a private investigator licensed under chapter 493. This
 1000  subsection does not apply to a person who has been granted a
 1001  durable power of attorney to convey and receive all of the real
 1002  and personal property of the owner, is the court-appointed
 1003  guardian of the owner, has been employed as an attorney or
 1004  qualified representative to contest the department’s denial of a
 1005  claim, or has been employed as an attorney to probate the estate
 1006  of the owner or an heir or legatee of the owner.
 1007         Section 28. Section 717.135, Florida Statutes, is amended
 1008  to read:
 1009         (Substantial rewording of section. See
 1010         s. 717.135, F.S., for present text.)
 1011         717.135Recovery agreements and purchase agreements for
 1012  claims filed by claimant’s representative; fees and costs.—
 1013         (1)In order to protect the interests of owners of
 1014  unclaimed property, the department shall adopt by rule a form
 1015  entitled “Florida Uniform Unclaimed Property Recovery Agreement”
 1016  and a form entitled “Florida Uniform Property Purchase
 1017  Agreement.”
 1018         (2)The Florida Uniform Unclaimed Property Recovery
 1019  Agreement form and the Florida Uniform Property Purchase
 1020  Agreement form must include and disclose:
 1021         (a)The total dollar amount of unclaimed property accounts
 1022  claimed or sold.
 1023         (b)Either the total percentage of all authorized fees and
 1024  costs to be paid to the claimant’s representative or the
 1025  percentage of the value of the property to be paid as net gain
 1026  to the purchasing registered claimant’s representative.
 1027         (c)Either the total dollar amount to be deducted and
 1028  received from the claimant as fees and costs by the claimant’s
 1029  representative or the total net dollar amount to be received by
 1030  the purchasing registered claimant’s representative.
 1031         (d)The net dollar amount to be received by the claimant or
 1032  seller.
 1033         (e)For each account claimed, the unclaimed property
 1034  account number and name of the apparent owner, as listed on the
 1035  department’s database.
 1036         (f)For the Florida Uniform Property Purchase Agreement, a
 1037  statement that the purchase price will be remitted to the seller
 1038  within 30 days after the execution of the form by the seller.
 1039         (g)The name, address, e-mail address, phone number, and
 1040  license number of the registered claimant’s representative.
 1041         (h)The manual signature of the claimant or seller and the
 1042  date signed.
 1043         (i)The social security number or taxpayer identification
 1044  number of the claimant or seller, if available. A number is
 1045  available if one has been issued to the claimant or seller.
 1046         (j)A limit of total fees and costs, or the total discount
 1047  amount in the case of a purchase agreement, to no more than 20
 1048  percent of the claimed amount.
 1049         (3)For a Florida Uniform Property Purchase Agreement form,
 1050  proof that the seller has received payment must be filed with
 1051  the department along with the claim. If proof of payment is not
 1052  provided, the claim is void.
 1053         (4)A registered claimant’s representative shall use the
 1054  Florida Uniform Unclaimed Property Recovery Agreement form or
 1055  the Florida Uniform Property Purchase Agreement form as the
 1056  exclusive means of engaging with a claimant or seller to file a
 1057  claim with the department.
 1058         (5)Fees and costs may be owed or paid to a registered
 1059  claimant’s representative only pursuant to the forms authorized
 1060  by this section and upon approval of the claim filed thereby.
 1061         (6)A claimant’s representative may not use or distribute
 1062  any other agreement of any type with respect to the claimant or
 1063  seller which relates to unclaimed property accounts held by the
 1064  department or the Chief Financial Officer other than the
 1065  agreements authorized by this section. Any agreement that is not
 1066  authorized by this section is null and void.
 1067         (7)The forms under subsection (1):
 1068         (a)May not contain language that makes the agreement
 1069  irrevocable; and
 1070         (b)May not contain language that creates an assignment of
 1071  any unclaimed property held by the department.
 1072         (8)This section does not supersede the conflicting claims
 1073  provisions of s. 717.1241.
 1074         (9)At the time a claim is approved, the department may pay
 1075  any additional account that is owned by the claimant but has not
 1076  been claimed at the time of approval, provided that no
 1077  subsequent claim has been filed and is pending for the claimant
 1078  at the time of approval.
 1079         Section 29. Section 717.1351, Florida Statutes, is
 1080  repealed.
 1081         Section 30. Except as otherwise expressly provided in this
 1082  act, this act shall take effect upon becoming a law.