Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1292
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Gruters) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 99 - 271
    4  and insert:
    5         (d) A seller who enters into or renews any service contract
    6  with a consumer which includes an automatic renewal provision
    7  must allow the consumer to cancel the service contract in the
    8  same manner, and by the same means, as the consumer manifested
    9  his or her acceptance of the service contract.
   10         (e) This subsection does not apply to:
   11         1. A financial institution as defined in s. 655.005 or any
   12  depository institution as defined in 12 U.S.C. s. 1813(c)(2).
   13         2. A foreign bank maintaining a branch or agency licensed
   14  under the laws of any state of the United States.
   15         3. Any subsidiary or affiliate of an entity described in
   16  subparagraph 1. or subparagraph 2.
   17         4. A health studio as defined in s. 501.0125.
   18         5. Any entity licensed under chapter 624, chapter 627,
   19  chapter 634, chapter 636, or chapter 641.
   20         6. Any electric utility as defined in s. 366.02.
   21         7. Any private company as defined in s. 180.05 providing
   22  services described in chapter 180 which is competing against a
   23  governmental entity or has a governmental entity providing
   24  billing services on its behalf.
   25         (f)(e) A violation of this subsection renders the automatic
   26  renewal provision void and unenforceable.
   27         Section 3. Paragraphs (b) and (c) of subsection (22) of
   28  section 626.854, Florida Statutes, are amended, and paragraph
   29  (a) of that subsection is republished, to read:
   30         626.854 “Public adjuster” defined; prohibitions.—The
   31  Legislature finds that it is necessary for the protection of the
   32  public to regulate public insurance adjusters and to prevent the
   33  unauthorized practice of law.
   34         (22)(a) Any following act by a public adjuster, a public
   35  adjuster apprentice, or a person acting on behalf of a public
   36  adjuster or public adjuster apprentice is prohibited and shall
   37  result in discipline as applicable under this part:
   38         1. Offering to a residential property owner a rebate, gift,
   39  gift card, cash, coupon, waiver of any insurance deductible, or
   40  any other thing of value in exchange for:
   41         a. Allowing a contractor, a public adjuster, a public
   42  adjuster apprentice, or a person acting on behalf of a public
   43  adjuster or public adjuster apprentice to conduct an inspection
   44  of the residential property owner’s roof; or
   45         b. Making an insurance claim for damage to the residential
   46  property owner’s roof.
   47         2. Offering, delivering, receiving, or accepting any
   48  compensation, inducement, or reward for the referral of any
   49  services for which property insurance proceeds would be used for
   50  roofing repairs or replacement.
   51         (b) Notwithstanding the fine set forth in s. 626.8698, a
   52  public adjuster or public adjuster apprentice may be subject to
   53  a fine not to exceed $10,000 per act for a violation of this
   54  subsection and a fine not to exceed $20,000 per act for a
   55  violation of this subsection that occurs during a state of
   56  emergency declared by executive order or proclamation of the
   57  Governor pursuant to s. 252.36.
   58         (c) A person who engages in an act prohibited by this
   59  subsection and who is not a public adjuster or a public adjuster
   60  apprentice, or is not otherwise exempt from licensure, is guilty
   61  of the unlicensed practice of public adjusting and may be:
   62         1. Subject to all applicable penalties set forth in this
   63  part.
   64         2. Notwithstanding subparagraph 1., subject to a fine not
   65  to exceed $10,000 per act for a violation of this subsection and
   66  a fine not to exceed $20,000 per act for a violation of this
   67  subsection that occurs during a state of emergency declared by
   68  executive order or proclamation of the Governor pursuant to s.
   69  252.36.
   70         Section 4. Subsection (9) of section 633.126, Florida
   71  Statutes, is amended, subsection (10) is added to that section,
   72  and subsection (2) of that section is republished, to read:
   73         633.126 Investigation of fraudulent insurance claims and
   74  crimes; immunity of insurance companies supplying information.—
   75         (2) If an insurance company has reason to suspect that a
   76  fire or explosion loss to its insured’s real or personal
   77  property was caused by intentional means, the company shall
   78  notify the State Fire Marshal and shall furnish her or him with
   79  all material acquired by the company during its investigation.
   80  The State Fire Marshal may adopt rules to implement this
   81  subsection.
   82         (9) If an insurance company fails or otherwise refuses to
   83  comply with this section, the department may impose an
   84  administrative fine of not more than $2,000 per day for such
   85  failure until the department deems the insurance company to be
   86  in compliance A person who willfully violates this section
   87  commits a misdemeanor of the first degree, punishable as
   88  provided in s. 775.082 or s. 775.083.
   89         (10)The Division of Investigative and Forensic Services
   90  may adopt reasonable rules as are necessary to administer this
   91  section. Such rules must meet all of the following requirements:
   92         (a)They may not enlarge upon or extend the provisions of
   93  this section.
   94         (b)They must identify specific factors that determine the
   95  grades of penalty.
   96         (c)They must specify mitigating and aggravating factors
   97  for a violation of this section.
   98         Section 5. Effective March 1, 2023, present paragraphs (b),
   99  (c), and (d) of subsection (3) of section 634.095, Florida
  100  Statutes, are redesignated as paragraphs (d), (e), and (f),
  101  respectively, new paragraphs (b) and (c) are added to that
  102  subsection, and paragraph (a) of that subsection is amended, to
  103  read:
  104         634.095 Prohibited acts.—Any service agreement company or
  105  salesperson that engages in one or more of the following acts
  106  is, in addition to any applicable denial, suspension,
  107  revocation, or refusal to renew or continue any appointment or
  108  license, guilty of a misdemeanor of the second degree,
  109  punishable as provided in s. 775.082 or s. 775.083:
  110         (3) Issuing or causing to be issued any advertisement
  111  which:
  112         (a) Does not fully disclose in a written advertisement, in
  113  at least 12-point, boldface boldfaced type, the name, address,
  114  and Florida Company Code license number of the service agreement
  115  company. As used in this paragraph, the term “written
  116  advertisement” does not include materials provided in
  117  conjunction with the sale of goods or services.
  119  ================= T I T L E  A M E N D M E N T ================
  120  And the title is amended as follows:
  121         Delete lines 19 - 30
  122  and insert:
  123         633.126, F.S.; authorizing the Department of Financial
  124         Services to impose an administrative fine on insurance
  125         companies under certain circumstances; deleting
  126         criminal penalties; authorizing the Division of
  127         Investigative and Forensic Services to adopt certain
  128         rules; amending s. 634.095, F.S.; revising
  129         requirements for advertisements issued or caused to be
  130         issued by service agreement companies or salespersons;
  131         specifying that certain materials are not included in
  132         the definition of the term “written advertisement”;
  133         amending s. 775.15, F.S.; revising