Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1218
Senate . House
Comm: RCS .
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
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
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
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
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
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
95 (6) The fee for licensure by endorsement may not exceed
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
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
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
259 (2) Any person who violates any provision of this section
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.
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
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
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
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
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.
399 (2) POST-LOSS BENEFITS UNDER CERTAIN PROPERTY INSURANCE
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
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;
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
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.