Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 76
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 98
    4  insert:
    5         Section 1. Section 489.147, Florida Statutes, is created to
    6  read:
    7         489.147Prohibited property insurance practices.—
    8         (1)As used in this section, the term:
    9         (a)“Prohibited advertisement” means any written or
   10  electronic communication that encourages, instructs, or induces
   11  a consumer to contact a contractor for the purpose of making an
   12  insurance claim. The term includes, but is not limited to, door
   13  hangers, business cards, magnets, flyers, pamphlets, and e
   14  mails.
   15         (b)“Soliciting” means contacting:
   16         1.In person;
   17         2.By electronic means, including e-mail, telephone, and
   18  real-time communication directed to a specific person; or
   19         3.By delivery to a specific person.
   20         (2)A contractor as defined in s. 489.105(3) or licensed
   21  under part XVI of chapter 468, including, but not limited to, a
   22  general contractor, a building contractor, a residential
   23  contractor, a mold remediator, a mold assessor, or a roofing
   24  contractor, may not directly or indirectly engage in any of the
   25  following practices:
   26         (a)Soliciting a property owner by means of a prohibited
   27  advertisement.
   28         (b)Offering to a property owner a rebate, gift, gift card,
   29  cash, coupon, waiver of any insurance deductible, or any other
   30  thing of value in exchange for:
   31         1.Allowing the contractor to conduct an inspection of the
   32  property owner’s property; or
   33         2.Making an insurance claim for damage to the property
   34  owner’s property.
   35         (c)Offering, delivering, receiving, or accepting any
   36  compensation or inducement for the referral of any services for
   37  which property insurance proceeds are payable.
   38         (d)Interpreting policy provisions or advising an insured
   39  regarding coverages or duties under the insured’s property
   40  insurance policy or adjusting a property insurance claim on
   41  behalf of the insured, unless the contractor holds an
   42  unencumbered license as a public adjuster pursuant to part VI of
   43  chapter 626.
   44         (e)Providing an insured with an agreement authorizing
   45  repairs without providing a good faith estimate of the itemized
   46  and detailed cost of services and materials for repairs
   47  undertaken pursuant to a property insurance claim. A contractor
   48  does not violate this subsection if, as a result of the process
   49  of the insurer adjusting a claim, the actual cost of repairs
   50  differs from the initial estimate.
   51         (3)A contractor who violates this section is subject to
   52  disciplinary proceedings as set forth in s. 489.129. A
   53  contractor may receive up to a $10,000 fine for each violation
   54  of this section.
   55         (4)For the purposes of this section:
   56         (a)The acts of any person on behalf of a contractor,
   57  including the acts of a compensated employee or a nonemployee
   58  who is compensated for soliciting as defined in this section,
   59  are considered the acts of the contractor.
   60         (b)Any person who engages in an act prohibited by this
   61  section, but who is not a contractor as defined in s. 489.105(3)
   62  or licensed under part XVI of chapter 468, is guilty of
   63  unlicensed contracting and is subject to the penalties set forth
   64  in s. 489.13. Notwithstanding s. 489.13(3), an unlicensed person
   65  who violates this section may be fined up to $10,000 for each
   66  violation.
   67         (5)A contractor may not execute a contract with a property
   68  owner to repair or replace a roof without including a notice
   69  that the contractor may not engage in the practices set forth in
   70  paragraph (2)(b). If the contractor fails to include such
   71  notice, the residential property owner may void the contract
   72  within 10 days after executing it.
   73         Section 2. Subsection (20) is added to section 626.854,
   74  Florida Statutes, to read:
   75         626.854 “Public adjuster” defined; prohibitions.—The
   76  Legislature finds that it is necessary for the protection of the
   77  public to regulate public insurance adjusters and to prevent the
   78  unauthorized practice of law.
   79         (20)(a) The following acts by a public adjuster, a public
   80  adjuster apprentice, or a person acting on behalf of a public
   81  adjuster are prohibited and shall result in discipline as
   82  applicable under this part:
   83         1.Offering to a property owner a rebate, gift, gift card,
   84  cash, coupon, waiver of any insurance deductible, or any other
   85  thing of value in exchange for allowing a contractor, a public
   86  adjuster, a public adjuster apprentice, or a person acting on
   87  behalf of a public adjuster to conduct an inspection of the
   88  owner’s property.
   89         2.Offering, delivering, receiving, or accepting any
   90  compensation or inducement for the referral of any services for
   91  which property insurance proceeds would be used for property
   92  repairs or replacement. This subsection does not prohibit a
   93  public adjuster from sharing fees with another public adjuster
   94  or public adjuster apprentice.
   95         (b)Notwithstanding the fine set forth in s. 626.8698, any
   96  public adjuster or public adjuster apprentice is subject to a
   97  fine not to exceed $10,000 per act for a violation of this
   98  subsection.
   99         (c)Any person who engages in the acts prohibited by this
  100  subsection and who is not a public adjuster or a public adjuster
  101  apprentice or is not otherwise exempt from licensure is guilty
  102  of the unlicensed practice of public adjusting and is subject
  103  to:
  104         1.All applicable penalties set forth in this part.
  105         2.Notwithstanding subparagraph 1., a fine not to exceed
  106  $10,000 per act for a violation of this section.
  108  ================= T I T L E  A M E N D M E N T ================
  109  And the title is amended as follows:
  110         Delete line 2
  111  and insert:
  112         An act relating to property insurance; creating s.
  113         489.147, F.S.; defining the terms “prohibited
  114         advertisement” and “soliciting”; prohibiting certain
  115         practices by contractors; providing for disciplinary
  116         proceedings; providing that the acts of any persons on
  117         behalf of a contractor are considered the acts of the
  118         contractor; providing that certain acts constitute
  119         unlicensed contracting; providing penalties;
  120         prohibiting a contractor from executing a contract
  121         with a property owner for a roofing repair or
  122         replacement unless a certain notice is included;
  123         authorizing the residential property owner to void the
  124         contract within a specified timeframe if such notice
  125         is not included; amending 626.854, F.S.; prohibiting
  126         certain practices by public adjusters, public adjuster
  127         apprentices, or persons acting on behalf of public
  128         adjusters; providing penalties; providing that certain
  129         acts constitute the unlicensed practice of public
  130         adjusting; providing penalties; amending s.