Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1218
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                

       The Committee on Banking and Insurance (Farmer) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Division of Law Revision and Information is
    6  directed to create part XVII of chapter 468, Florida Statutes,
    7  consisting of ss. 468.94-468.9424, Florida Statutes, to be
    8  entitled “Water Damage Restoration.”
    9         Section 2. Section 468.94, Florida Statutes, is created to
   10  read:
   11         468.94 Water damage restoration services licensing program;
   12  legislative purpose.—
   13         (1) There is created within the department the water damage
   14  restoration services licensing program.
   15         (2) The Legislature finds it necessary in the interest of
   16  the public safety and welfare to prevent damage to real and
   17  personal property, to avert economic injury to the residents of
   18  this state, and to regulate persons and companies that hold
   19  themselves out to the public as qualified to perform water
   20  damage restoration services.
   21         Section 3. Section 468.941, Florida Statutes, is created to
   22  read:
   23         468.941 Exemptions.—The following persons are not required
   24  to comply with any provisions of this part relating to water
   25  damage restoration:
   26         (1) A residential property owner who performs water damage
   27  restoration on his or her own property;
   28         (2) A person who performs water damage restoration on
   29  property owned or leased by the person, the person’s employer,
   30  or an entity affiliated with the person’s employer through
   31  common ownership, or on property operated or managed by the
   32  person’s employer or an entity affiliated with the person’s
   33  employer through common ownership. This exemption does not apply
   34  if the person, employer, or affiliated entity engages in the
   35  business of performing water damage restoration for the public;
   36         (3) An employee of a professional water damage restorer
   37  while directly supervised by the professional water damage
   38  restorer;
   39         (4) Persons or business organizations that are acting
   40  within the scope of the respective licenses required under part
   41  XV of this chapter, chapter 471, part I or part II of chapter
   42  481, chapter 482, or chapter 489; that are acting on behalf of
   43  an insurer under part VI of chapter 626; or that are persons in
   44  the manufactured housing industry who are licensed under chapter
   45  320, except when any such persons or business organizations hold
   46  themselves out for hire to the public as a “certified water
   47  damage restorer,” “registered water damage restorer,” “licensed
   48  water damage restorer,” “water damage restorer,” “professional
   49  water damage restorer,” or any combination thereof, stating or
   50  implying licensure under this part; and
   51         (5) An authorized employee of the United States, this
   52  state, or any municipality, county, or other political
   53  subdivision, or public or private school, and who is conducting
   54  water damage restoration within the scope of that employment, as
   55  long as the employee does not hold himself or herself out for
   56  hire to the general public or otherwise engage in water damage
   57  restoration.
   58         Section 4. Section 468.9411, Florida Statutes, is created
   59  to read:
   60         468.9411 Definitions.—As used in this part, the term:
   61         (1) “Department” means the Department of Business and
   62  Professional Regulation.
   63         (2) “Professional water damage restorer” means any person
   64  who performs water damage restoration.
   65         (3) “Water damage restoration” means water removal,
   66  demolition, dehumidification, or other treatment related to
   67  water damage or water-contaminated matter larger than 10 square
   68  feet.
   69         Section 5. Section 468.9412, Florida Statutes, is created
   70  to read:
   71         468.9412 Fees.—
   72         (1) The department may establish fees to be paid for
   73  application, examination, reexamination, licensing and renewal,
   74  inactive status application and reactivation of inactive
   75  licenses, and application for providers of continuing education.
   76  The department may also establish a delinquency fee. Fees must
   77  be based on department estimates of the revenue required to
   78  administer this part. All fees must be remitted with the
   79  application, examination, reexamination, licensing and renewal,
   80  inactive status application and reactivation of inactive
   81  licenses, and application for providers of continuing education.
   82         (2) The application fee may not exceed $125 and is
   83  nonrefundable. The examination fee may not exceed $125 plus the
   84  actual per applicant cost to the department to purchase the
   85  examination, if the department chooses to purchase the
   86  examination. The examination fee must be in an amount that
   87  covers the cost of obtaining and administering the examination
   88  and must be refunded if the applicant is found ineligible to sit
   89  for the examination.
   90         (3) The fee for an initial license may not exceed $200.
   91         (4) The fee for an initial certificate of authorization may
   92  not exceed $200.
   93         (5) The fee for a biennial license renewal may not exceed
   94  $400.
   95         (6) The fee for licensure by endorsement may not exceed
   96  $200.
   97         (7) The fee for application for inactive status may not
   98  exceed $100.
   99         (8) The fee for reactivation of an inactive license may not
  100  exceed $200.
  101         (9) The fee for applications from providers of continuing
  102  education may not exceed $500.
  103         Section 6. Section 468.9413, Florida Statutes, is created
  104  to read:
  105         468.9413 Examinations.—
  106         (1) A person desiring to be licensed as a professional
  107  water damage restorer must apply to the department after
  108  satisfying the examination requirements of this part.
  109         (2) An applicant may practice in this state as a
  110  professional water damage restorer if he or she passes the
  111  required examination, is of good moral character, and has
  112  successfully completed the Water Damage Restoration Technician
  113  course and the Advanced Structural Drying course approved by the
  114  Institute of Inspection, Cleaning and Restoration Certification
  115  or similar courses approved by the department.
  116         (3) The department shall review and approve courses of
  117  study in water damage restoration.
  118         (4)(a) As used in this section, the term “good moral
  119  character” means a personal history of honesty, fairness, and
  120  respect for the rights of others and for the laws of this state
  121  and nation.
  122         (b) The department may refuse to certify an applicant who
  123  fails to satisfy the requirement for good moral character only
  124  if:
  125         1. There is a substantial connection between the lack of
  126  good moral character of the applicant and the professional
  127  responsibilities of a licensed professional water damage
  128  restorer; and
  129         2. The finding by the department of lack of good moral
  130  character is supported by clear and convincing evidence.
  131         (c) When an applicant is found to be unqualified for a
  132  license because of a lack of good moral character, the
  133  department must furnish the applicant with a statement
  134  containing the findings of the department, a complete record of
  135  the evidence upon which the determination was based, and a
  136  notice of the rights of the applicant to a hearing and appeal.
  137         (5) The department may adopt rules pursuant to ss.
  138  120.536(1) and 120.54 to administer this section.
  139         (6) An applicant for a license shall submit, together with
  140  the application, a complete set of electronic fingerprints to
  141  the department. The department shall submit the fingerprints to
  142  the Department of Law Enforcement for state processing, and the
  143  Department of Law Enforcement shall forward them to the Federal
  144  Bureau of Investigation for national processing, to determine
  145  whether the applicant has a criminal history record. The
  146  department shall review the background check results to
  147  determine if the applicant meets licensure requirements. The
  148  applicant is responsible for the costs associated with
  149  processing the fingerprints. The authorized agencies or vendors
  150  shall collect such fees and pay the processing costs due the
  151  Department of Law Enforcement.
  152         Section 7. Section 468.9414, Florida Statutes, is created
  153  to read:
  154         468.9414 Licensure.—
  155         (1) The department shall license any applicant who the
  156  department certifies is qualified to practice professional water
  157  damage restoration.
  158         (2) The department shall certify for licensure any
  159  applicant who satisfies the requirements of s. 468.9413, who has
  160  passed the licensing examination, and who has met the education
  161  requirements of s. 468.9413. The department may refuse to
  162  certify any applicant who has violated any of the provisions of
  163  this part.
  164         (3) The department shall certify as qualified for a license
  165  by endorsement an applicant who is of good moral character, who
  166  has the insurance coverage required under s. 468.9421, and who:
  167         (a) Is qualified to take the examination as set forth in s.
  168  468.9413 and has passed a certification examination offered by a
  169  nationally recognized organization that certifies persons in the
  170  specialty of water damage restoration. The certification
  171  examination offered must be approved by the department as
  172  substantially equivalent to the requirements of this part and s.
  173  455.217; or
  174         (b) Holds a valid license to practice water damage
  175  restoration issued by another state or territory of the United
  176  States if the criteria for issuance of the license were
  177  substantially the same as the licensure criteria established by
  178  this part as determined by the department.
  179         (4) The department may not issue a license by endorsement
  180  to any applicant who is under investigation in another state for
  181  any act that would constitute a violation of this part or
  182  chapter 455 until such time as the investigation is complete and
  183  disciplinary proceedings have been terminated.
  184         Section 8. Section 468.9415, Florida Statutes, is created
  185  to read:
  186         468.9415 Renewal of license.—
  187         (1) The department shall renew a license upon receipt of
  188  the renewal application and fee and upon certification by the
  189  department that the licensee has satisfactorily completed the
  190  continuing education requirements of s. 468.9416.
  191         (2) The department shall adopt rules establishing a
  192  procedure for the biennial renewal of licenses.
  193         Section 9. Section 468.9416, Florida Statutes, is created
  194  to read:
  195         468.9416 Continuing education.—
  196         (1) The department may not renew a license until the
  197  licensee submits satisfactory proof that during the 2-year
  198  period before his or her application for renewal, the licensee
  199  completed at least 14 hours of continuing education. Criteria
  200  and course content must be approved by the department by rule.
  201         (2) The department may prescribe by rule additional
  202  continuing professional education hours, not to exceed 25
  203  percent of the total hours required, for a licensee’s failure to
  204  complete the hours required for renewal by the end of the
  205  renewal period.
  206         Section 10. Section 468.9417, Florida Statutes, is created
  207  to read:
  208         468.9417 Inactive license.—
  209         (1) A licensee may request that his or her license be
  210  placed in an inactive status by making application to the
  211  department.
  212         (2) A license that becomes inactive may be reactivated upon
  213  application to the department. The department may prescribe by
  214  rule continuing education requirements as a condition of
  215  reactivating a license. The rules may not require more than one
  216  renewal cycle of continuing education to reactivate a license.
  217         (3) The department shall adopt rules relating to licenses
  218  that have become inactive and for the renewal of inactive
  219  licenses. The department shall prescribe by rule a fee not to
  220  exceed $200 for the reactivation of an inactive license and a
  221  fee not to exceed $200 for the renewal of an inactive license.
  222         Section 11. Section 468.9418, Florida Statutes, is created
  223  to read:
  224         468.9418 Certification of partnerships and corporations.
  225  The practice of or the offer to practice water damage
  226  restoration by licensees through a corporation or partnership
  227  offering water damage restoration to the public, or by a
  228  corporation or partnership offering such services to the public
  229  through licensees under this part as agents, employees,
  230  officers, or partners, is permitted subject to the provisions of
  231  this part. This section may not be construed to allow a
  232  corporation to hold a license to practice water damage
  233  restoration. A corporation or partnership may not be relieved of
  234  responsibility for the conduct or acts of its agents, employees,
  235  officers, or partners by reason of its compliance with this
  236  section, nor may any individual practicing water damage
  237  restoration be relieved of responsibility for professional
  238  services performed by reason of his or her employment or
  239  relationship with a corporation or partnership.
  240         Section 12. Section 468.9419, Florida Statutes, is created
  241  to read:
  242         468.9419 Prohibitions; penalties.—
  243         (1) A person may not:
  244         (a) Effective January 1, 2018, perform or offer to perform
  245  any water damage restoration unless the person is licensed as a
  246  professional water damage restorer under this part.
  247         (b) Effective January 1, 2018, perform or offer to perform
  248  any water damage restoration unless the person has complied with
  249  the provisions of this part.
  250         (c) Use the name or title “certified water damage
  251  restorer,” “registered water damage restorer,” “licensed water
  252  damage restorer,” “water damage restorer,” “professional water
  253  damage restorer,” or any combination thereof unless the person
  254  has complied with the provisions of this part.
  255         (d) Remediate for a fee any property in which the
  256  professional water damage restorer or the professional water
  257  damage restorer’s company has any financial or transfer
  258  interest.
  259         (2) Any person who violates any provision of this section
  260  commits:
  261         (a) A misdemeanor of the second degree for a first
  262  violation, punishable as provided in s. 775.082 or s. 775.083.
  263         (b) A misdemeanor of the first degree for a second
  264  violation, punishable as provided in s. 775.082 or s. 775.083.
  265         (c) A felony of the third degree for a third or subsequent
  266  violation, punishable as provided in s. 775.082, s. 775.083, or
  267  s. 775.084.
  268         (3) This section does not apply to unlicensed activity that
  269  occurs before January 1, 2018.
  270         Section 13. Section 468.942, Florida Statutes, is created
  271  to read:
  272         468.942 Disciplinary proceedings.—
  273         (1) The following acts constitute grounds for which the
  274  disciplinary actions in subsection (2) may be taken:
  275         (a) Violation of any provision of this part or s.
  276  455.227(1).
  277         (b) Attempting to procure a license to practice water
  278  damage restoration by bribery or fraudulent misrepresentations.
  279         (c) Having a license to practice water damage restoration
  280  revoked, suspended, or otherwise acted against, including the
  281  denial of licensure, by the licensing authority of another
  282  state, territory, or country.
  283         (d) Being convicted or found guilty of, or entering a plea
  284  of nolo contendere to, regardless of adjudication, a crime in
  285  any jurisdiction that directly relates to the practice of water
  286  damage restoration or the ability to practice water damage
  287  restoration.
  288         (e) Making or filing a report or record that the licensee
  289  knows to be false, willfully failing to file a report or record
  290  required by state or federal law, willfully impeding or
  291  obstructing such filing, or inducing another person to impede or
  292  obstruct such filing. Such reports or records may include only
  293  those that are signed in the capacity of a professional water
  294  damage restorer.
  295         (f) Advertising goods or services in a manner that is
  296  fraudulent, false, deceptive, or misleading in form or content.
  297         (g) Engaging in fraud or deceit, or negligence,
  298  incompetency, or misconduct, in the practice of water damage
  299  restoration.
  300         (h) Failing to perform any statutory or legal obligation
  301  placed upon a professional water damage restorer; violating any
  302  provision of this chapter, a rule of the department, or a lawful
  303  order of the department previously entered in a disciplinary
  304  hearing; or failing to comply with a lawfully issued subpoena of
  305  the department.
  306         (i) Practicing on a revoked, suspended, inactive, or
  307  delinquent license.
  308         (j) Failing to meet any standard of practice adopted by
  309  rule of the department.
  310         (2) When the department finds any professional water damage
  311  restorer committed any of the grounds set forth in subsection
  312  (1), it may enter an order imposing one or more of the following
  313  penalties:
  314         (a) Denial of an application for licensure.
  315         (b) Revocation or suspension of a license.
  316         (c) Imposition of an administrative fine not to exceed
  317  $5,000 for each count or separate offense.
  318         (d) Issuance of a reprimand.
  319         (e) Placement of the professional water damage restorer on
  320  probation for a period of time and subject to such conditions as
  321  the department may specify.
  322         (f) Restriction of the professional water damage restorer’s
  323  authorized scope of practice.
  324         (3) In addition to any other sanction imposed under this
  325  part, in any final order that imposes sanctions, the department
  326  may assess costs related to the investigation and prosecution of
  327  the case.
  328         Section 14. Section 468.9421, Florida Statutes, is created
  329  to read:
  330         468.9421 Required insurance.—A professional water damage
  331  restorer shall maintain general liability and errors and
  332  omissions insurance coverage of at least $1 million.
  333         Section 15. Section 468.9422, Florida Statutes, is created
  334  to read:
  335         468.9422 Contracts.—A contract to perform water damage
  336  restoration must be in a document or electronic record, signed
  337  or otherwise authenticated by the parties.
  338         Section 16. Section 468.9423, Florida Statutes, is created
  339  to read:
  340         468.9423 Grandfather clause.—
  341         (1) A person who performs water damage restoration as
  342  defined in this part may qualify for licensure by the department
  343  as a professional water damage restorer if the person submits
  344  his or her application to the department by September 1, 2017,
  345  whether postmarked or delivered by that date, and if the person,
  346  at the time of application, has at least 3 years of experience
  347  as a professional water damage restorer. To establish the 3
  348  years of experience, an applicant must submit at least 40 water
  349  damage restoration invoices prepared by the applicant.
  350         (2) The department may investigate the validity of a water
  351  damage restoration invoice submitted under subsection (1) and,
  352  if the applicant submits a false assessment or invoice, may take
  353  disciplinary action against the applicant under s. 468.942(1)(e)
  354  or (g).
  355         (3) An applicant may not qualify for licensure under this
  356  section if he or she has had a professional water damage
  357  restorer license or a license in any related field revoked at
  358  any time or suspended within the previous 5 years or has been
  359  assessed a fine that exceeds $500 within the previous 5 years.
  360  For purposes of this subsection, a license in a related field
  361  includes, but is not limited to, licensure in real estate,
  362  construction, home inspection, building code administration or
  363  inspection, or indoor air quality.
  364         (4) An applicant for licensure under this section must
  365  comply with the good moral character and insurance requirements
  366  of this part. An applicant may not qualify for licensure under
  367  this section if the department finds that the applicant lacks
  368  good moral character pursuant to s. 468.9413(4) as a result of
  369  the applicant’s criminal history record.
  370         Section 17. Section 468.9424, Florida Statutes, is created
  371  to read:
  372         468.9424 Rulemaking authority.—The department shall adopt
  373  rules to administer this part.
  374         Section 18. Subsection (11) is added to section 627.062,
  375  Florida Statutes, to read:
  376         627.062 Rate standards.—
  377         (11) Attorney fees and costs paid by a property insurer
  378  pursuant to s. 627.428 may not be included in the property
  379  insurer’s rate base and may not be used to justify a rate or
  380  rate change.
  381         Section 19. Section 627.422, Florida Statutes, is amended
  382  to read:
  383         627.422 Assignment of policies or post-loss benefits.—A
  384  policy may be assignable, or not assignable, as provided by its
  385  terms.
  386         (1) LIFE OR HEALTH INSURANCE POLICIES.—Subject to its terms
  387  relating to assignability, any life or health insurance policy
  388  under the terms of which the beneficiary may be changed upon the
  389  sole request of the policyowner may be assigned either by pledge
  390  or transfer of title, by an assignment executed by the
  391  policyowner alone and delivered to the insurer, whether or not
  392  the pledgee or assignee is the insurer. Any such assignment
  393  shall entitle the insurer to deal with the assignee as the owner
  394  or pledgee of the policy in accordance with the terms of the
  395  assignment, until the insurer has received at its home office
  396  written notice of termination of the assignment or pledge or
  397  written notice by or on behalf of some other person claiming
  398  some interest in the policy in conflict with the assignment.
  400  POLICIES.—A personal lines residential property insurance
  401  policy, a commercial residential property insurance policy, or a
  402  commercial property insurance policy may not prohibit the post
  403  loss assignment of benefits. This subsection does not affect the
  404  assignment of benefits in other insurance policies.
  405         (a) An agreement to assign post-loss benefits under this
  406  subsection is not valid unless the agreement:
  407         1. Is in writing between the policyholder and assignee and
  408  is delivered to the insurer as provided in paragraph (c);
  409         2.Is limited to claims for work performed or to be
  410  performed by the assignee for damages claimed to be covered;
  411         3.Allows the policyholder to unilaterally rescind the
  412  assignment of post-loss benefits within 5 days after the
  413  execution of the assignment by an insured; provided, however,
  414  that the policyholder or insurer may be responsible for payment
  415  for work already performed during such period; and
  416         4. Contains an accurate and up-to-date statement of the
  417  scope of work to be performed.
  418         (b) An assignee of post-loss benefits under this
  419  subsection:
  420         1. Must provide the policyholder with accurate and up-to
  421  date revised statements of the scope of work to be performed as
  422  supplemental or additional repairs are required, and must
  423  provide to the policyholder and insurer a final invoice and bill
  424  for service rendered within 7 business days after the date of
  425  submission of the final invoice or bill;
  426         2. Must guarantee to the policyholder that the work
  427  performed conforms to current and accepted industry standards;
  428         3. May not charge the policyholder more than the applicable
  429  deductible contained in the policy unless the policyholder opts
  430  for additional work at the policyholder’s own expense;
  431         4.May not charge the policyholder directly, except for
  432  additional work not covered under the policy, including:
  433         a.Work performed that is rightfully denied as not covered;
  434  and
  435         b.Betterments or additional work not part of the loss.
  436         5. May not pay referral fees totaling more than $750 in
  437  connection with the assignment; and
  438         6. For water damage claims:
  439         a. Must be licensed in good standing under part XVII of
  440  chapter 468 to perform any work requiring such a license.
  441         b. Must verify that any vendor it contracts with to perform
  442  work meets the license requirements of sub-subparagraph a.
  443         (c) An insurer shall provide on its website and in the
  444  policy its contact information for receiving the agreement that
  445  meets the requirements of paragraph (a) and which must include
  446  at least a dedicated facsimile number. After executing the
  447  assignment agreement, the assignee must deliver the agreement to
  448  the insurer within the later of:
  449         1. If a state of emergency was declared under s. 252.36 for
  450  a hurricane or other natural disaster and the property covered
  451  under the policy was damaged as a result of the hurricane or
  452  natural disaster, 7 days after the state of emergency is
  453  terminated; or
  454         2. Seven business days after execution of the agreement.
  455         (d) Notwithstanding s. 627.70131, upon receiving the
  456  agreement in paragraph (a), the insurer must make any initial
  457  inspections of the covered property within the later of:
  458         1. If a state of emergency was declared under s. 252.36 for
  459  a hurricane or other natural disaster and the property covered
  460  under the policy was damaged as a result of the hurricane or
  461  natural disaster, 7 days after the state of emergency is
  462  terminated; or
  463         2. Seven business days after receiving the agreement.
  464         (e) No later than 7 days before an insured or assignee
  465  initiates litigation against an insurer relating to a denied or
  466  limited claim, the insured or assignee must provide the insurer
  467  with notice of intent to initiate such litigation. The notice of
  468  intent must include a copy of the final invoice required under
  469  subparagraph (b)1. This paragraph does not increase the time
  470  periods prescribed in s. 627.70131.
  471         (3) ANNUAL REPORT.—The office shall require each insurer to
  472  report by January 1, 2019, and each year thereafter, data on
  473  each claim paid in the prior calendar year pursuant to an
  474  assignment agreement. Such data must include, but are not
  475  limited to:
  476         (a)The number of days between the first notice of loss and
  477  the initial inspection.
  478         (b) Loss severity.
  479         (c)Allocated loss adjustment expense.
  480         (d)For litigated claims:
  481         1.Any amount paid before litigation, the amount in
  482  dispute, the amount of any proposal for settlement, and the
  483  settlement or judgment amount;
  484         2.The amount of fees paid to the claimant’s attorney; and
  485         3.The amount and structure, whether fixed, hourly, or
  486  contingency, of fees paid to the insurer’s attorney.
  488  All information the insurer reports under this paragraph must
  489  first be reported to the opposing counsel on the litigated claim
  490  for verification or certification. The opposing counsel on the
  491  litigated claim shall report to the office its agreement or
  492  disagreement with the accuracy of the figures reported.
  493         (e) For nonlitigated claims, the difference between the
  494  insurer’s initial offer and the amount paid on the claim.
  495         (f)The time from first notice of loss until the claim was
  496  closed.
  497         (g)For claims involving water damage, whether the adjuster
  498  possessed licensure consistent with the requirements in
  499  subparagraph (2)(b)6.
  500         Section 20. The amendments made by this act to s. 627.422,
  501  Florida Statutes, apply to assignment agreements entered on or
  502  after January 1, 2018.
  503         Section 21. Paragraph (a) of subsection (3) of section
  504  627.7011, Florida Statutes, is amended to read:
  505         627.7011 Homeowners’ policies; offer of replacement cost
  506  coverage and law and ordinance coverage.—
  507         (3) In the event of a loss for which a dwelling or personal
  508  property is insured on the basis of replacement costs:
  509         (a) For a dwelling:,
  510         1. The insurer must initially pay at least the actual cash
  511  value of the insured loss, less any applicable deductible. The
  512  insurer shall pay any remaining amounts necessary to perform
  513  such repairs as work is performed and expenses are incurred. If
  514  a total loss of a dwelling occurs, the insurer shall pay the
  515  replacement cost coverage without reservation or holdback of any
  516  depreciation in value, pursuant to s. 627.702.
  517         2. The insurer may not require that a particular vendor
  518  make repairs to such dwelling.
  519         3. The insurer may not, unless expressly requested by the
  520  insured, recommend or suggest a particular vendor for repairs to
  521  be made to such dwelling.
  522         Section 22. This act shall take effect January 1, 2018.
  524  ================= T I T L E  A M E N D M E N T ================
  525  And the title is amended as follows:
  526         Delete everything before the enacting clause
  527  and insert:
  528                        A bill to be entitled                      
  529         An act relating to property repair; providing a
  530         directive to the Division of Law Revision and
  531         Information to create part XVII of ch. 468, F.S.,
  532         entitled “Water Damage Restoration”; creating s.
  533         468.94, F.S.; creating within the Department of
  534         Business and Professional Regulation the water damage
  535         restoration services licensing program; providing
  536         legislative intent; creating s. 468.941, F.S.;
  537         providing exemptions from regulation under the part;
  538         creating s. 468.9411, F.S.; defining terms; creating
  539         s. 468.9412, F.S.; authorizing the department to
  540         establish specified fees; specifying requirements and
  541         limitations for such fees; creating s. 468.9413, F.S.;
  542         providing examination requirements for applicants for
  543         professional water damage restorer licensure;
  544         providing requirements for practicing as a
  545         professional water damage restorer; requiring the
  546         department to review and approve courses of study;
  547         defining the term “good moral character”; specifying
  548         conditions under which the department may refuse to
  549         certify an applicant for lack of good moral character;
  550         providing requirements for the department when
  551         refusing to certify on such grounds; authorizing the
  552         department to adopt rules; providing applicant
  553         fingerprinting and background check requirements;
  554         creating s. 468.9414, F.S.; requiring the department
  555         to license qualified applicants who meet specified
  556         requirements; authorizing the department to refuse to
  557         certify applicants under certain circumstances;
  558         creating s. 468.9415, F.S.; providing requirements for
  559         license renewals; authorizing the department to adopt
  560         rules; creating s. 468.9416, F.S.; providing
  561         requirements for continuing education; authorizing the
  562         department to prescribe by rule certain additional
  563         requirements; creating s. 468.9417, F.S.; providing
  564         procedures for placing licenses in inactive status;
  565         requiring the department to adopt rules; creating s.
  566         468.9418, F.S.; providing construction relating to
  567         certification of partnerships and corporations;
  568         creating s. 468.9419, F.S.; specifying prohibited
  569         acts; providing criminal penalties; providing
  570         applicability; creating s. 468.942, F.S.; specifying
  571         grounds for disciplinary actions; authorizing
  572         specified disciplinary actions by the department;
  573         creating s. 468.9421, F.S.; requiring professional
  574         water damage restorers to maintain specified insurance
  575         coverage; creating s. 468.9422, F.S.; requiring
  576         contracts to perform water damage restoration to be in
  577         a document or electronic record and signed or
  578         authenticated by the parties; creating s. 468.9423,
  579         F.S.; providing procedures and requirements for
  580         grandfathering specified persons for licensure;
  581         specifying persons who may not qualify for such
  582         licensure; creating s. 468.9424, F.S.; requiring the
  583         department to adopt rules; amending s. 627.062, F.S.;
  584         specifying that certain fees and costs may not be
  585         included in a property insurer’s rate base or used to
  586         justify a rate or rate change; amending s. 627.422,
  587         F.S.; prohibiting certain property insurance policies
  588         from prohibiting the post-loss assignment of benefits;
  589         providing that an assignment agreement is not valid
  590         unless it meets specified requirements; providing
  591         requirements and limitations for assignees of post
  592         loss benefits; requiring insurers to provide specified
  593         contact information on their websites and in policies;
  594         requiring assignees to deliver an executed assignment
  595         agreement to insurers within a specified timeframe;
  596         requiring insureds or assignees to provide a certain
  597         prelitigation notice and invoice to insurers within a
  598         specified timeframe; providing construction; requiring
  599         the Office of Insurance Regulation to require each
  600         insurer to report at certain intervals specified data
  601         relating to claims paid pursuant to assignment
  602         agreements; requiring insurers to report certain
  603         information to opposing counsel, and requiring the
  604         opposing counsel to verify or certify the information,
  605         before it is reported to the office; providing
  606         applicability; amending s. 627.7011, F.S.; prohibiting
  607         specified acts of insurers relating to homeowners’
  608         insurance policies under certain circumstances;
  609         providing an effective date.