Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 122
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/12/2019           .                                

       The Committee on Banking and Insurance (Lee) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 627.7152, Florida Statutes, is created
    6  to read:
    7         627.7152 Assignment of residential homeowner’s property
    8  insurance post-loss benefits.-
    9         (1) Under an agreement to assign post-loss benefits, an
   10  assignee is bound by all post-loss obligations specified in the
   11  residential homeowner’s property insurance policy.
   12  Notwithstanding any policy provision or law to the contrary,
   13  however, the obligation to submit to an examination under oath
   14  shall be limited to one examination under oath by the insurer or
   15  the insurer’s representative relating to an assignment agreement
   16  and services provided by the assignee. The examination under
   17  oath:
   18         (a) Is limited to the person designated by the assignee as
   19  the person with the most knowledge of the assignment agreement
   20  and services provided pursuant to the assignment;
   21         (b) Must occur in the county where the property for which
   22  the loss was assigned and the work performed or in the county
   23  where the assignee has offices or agents or in the county where
   24  the person designated by the assignee as the person with the
   25  most knowledge resides; and
   26         (c) Must not last more than 3 hours.
   27         (2)(a) If an assignee commences an action in any court of
   28  this state based upon or including the same claim against the
   29  same adverse party that the assignee has previously voluntarily
   30  dismissed in a court of this state, the court may as it deems
   31  proper, order the assignee to pay the costs of the adverse party
   32  of the claim previously voluntarily dismissed. Upon the issuance
   33  of such order, the court shall stay the proceedings in the
   34  subsequent action until the assignee has complied with the
   35  order.
   36         (b) Upon a finding by the court that an assignee has not
   37  complied with its post-loss obligations under the residential
   38  homeowner's insurance policy pursuant to this section, the court
   39  may not award attorney fees to the assignee under s. 627.428
   40  directly related to the assignee's noncompliance with post-loss
   41  obligations.
   43  Notwithstanding the execution of an assignment, a homeowner
   44  remains bound by any duty under the policy to take reasonable
   45  steps to prevent further damage to the property.
   46  	Section 2. This act shall apply to assignment agreements
   47  executed on or after July 1, 2019.
   48         Section 3. This act shall take effect July 1, 2019.
   50  ================= T I T L E  A M E N D M E N T ================
   51  And the title is amended as follows:
   52         Delete everything before the enacting clause
   53  and insert:
   54                        A bill to be entitled                      
   55         An act relating to assignment of residential
   56         homeowner’s property insurance post-loss benefits;
   57         creating s. 627.7152, F.S.; providing that an assignee
   58         is bound by all post-loss obligations specified in a
   59         residential homeowner's insurance policy; providing
   60         that the obligation of the assignee to submit to an
   61         examination under oath is limited to one examination
   62         of a person designated by the assignee; providing
   63         criteria for the assignee to designate the person who
   64         will be examined under oath; providing requirements as
   65         to the location and length of time of the examination
   66         under oath; providing that if an assignee brings an
   67         action based upon or including the same claim as a
   68         previous action the assignee voluntarily dismissed,
   69         the court may order an assignee to pay the costs of
   70         the adverse party and shall stay the action until the
   71         assignee has complied with the order; providing that
   72         the court may not award the assignee an attorney fee
   73         under s. 627.428, F.S., directly related to the
   74         assignee's noncompliance with post loss obligations;
   75         specifying that notwithstanding any assignment the
   76         homeowner remains bound by any duty under the policy
   77         to prevent further damage to the property; providing
   78         applicability; providing an effective date.