Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1066
       
       
       
       
       
       
                                Ì341094(Î341094                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2024           .                                
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       The Committee on Judiciary (Burton) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraphs (a), (b), and (c) of
    6  subsection (1) and present subsection (4) of section 45.032,
    7  Florida Statutes, are redesignated as paragraphs (b), (c), and
    8  (d) of subsection (1) and subsection (5), respectively, a new
    9  paragraph (a) is added to subsection (1) and a new subsection
   10  (4) is added to that section, and paragraphs (a) and (b) of
   11  subsection (3) of that section are amended, to read:
   12         45.032 Disbursement of surplus funds after judicial sale.—
   13         (1) For purposes of ss. 45.031-45.035, the term:
   14         (a)“Nonprofit organization” means a charitable
   15  organization that:
   16         1. Is exempt from federal income tax pursuant to s.
   17  501(c)(3) of the Internal Revenue Code; and
   18         2. Is a Florida entity formed under chapter 605, chapter
   19  607, or chapter 617 and whose principal office is located in
   20  this state.
   21         (3) During the period that the clerk holds the surplus
   22  pending a court order:
   23         (a) If the owner of record claims the surplus before the
   24  date that the clerk reports it as unclaimed and there is no
   25  subordinate lienholder, the court must shall order the clerk to
   26  deduct any applicable service charges from the surplus and pay
   27  the remainder to the owner of record. Any person representing an
   28  owner of record in claiming the surplus shall disclose to the
   29  court the total amount of compensation and other fees to be paid
   30  to himself or herself and may not charge the owner of record
   31  more than 5 percent of the surplus or $1,000, whichever is
   32  greater. The clerk may establish a reasonable requirement that
   33  the owner of record prove his or her identity before receiving
   34  the disbursement. The clerk may assist an owner of record in
   35  making a claim. An owner of record may use the following form in
   36  making a claim:
   37  
   38  (Caption of Action)
   39  
   40                          OWNER’S CLAIM FOR                        
   41                    MORTGAGE FORECLOSURE SURPLUS                   
   42  
   43  State of ....
   44  County of ....
   45         Under penalty of perjury, I (we) hereby certify that:
   46         1. I was (we were) the owner of the following described
   47  real property in .... County, Florida, prior to the foreclosure
   48  sale and as of the date of the filing of the lis pendens:
   49  
   50  ...(Legal description of real property)...
   51  
   52         2. I (we) do not owe any money on any mortgage on the
   53  property that was foreclosed other than the one that was paid
   54  off by the foreclosure.
   55         3. I (we) do not owe any money that is the subject of an
   56  unpaid judgment, tax warrant, condominium lien, cooperative
   57  lien, or homeowners’ association.
   58         4. I am (we are) not currently in bankruptcy.
   59         5. I (we) have not sold or assigned my (our) right to the
   60  mortgage surplus.
   61         6. My (our) new address is: .....
   62         7. If there is more than one owner entitled to the surplus,
   63  we have agreed that the surplus should be paid .... jointly, or
   64  to: ...., at the following address: .....
   65         8. I (WE) UNDERSTAND THAT I (WE) AM (ARE) NOT REQUIRED TO
   66  HAVE A LAWYER OR ANY OTHER REPRESENTATION AND I (WE) DO NOT HAVE
   67  TO ASSIGN MY (OUR) RIGHTS TO ANYONE ELSE IN ORDER TO CLAIM ANY
   68  MONEY TO WHICH I (WE) MAY BE ENTITLED.
   69         9. I (WE) UNDERSTAND THAT THIS STATEMENT IS GIVEN UNDER
   70  OATH, AND IF ANY STATEMENTS ARE UNTRUE THAT I (WE) MAY BE
   71  PROSECUTED CRIMINALLY FOR PERJURY.
   72  
   73  ...(Signatures)...
   74  
   75         Sworn to (or affirmed) and subscribed before me this ....
   76  day of ...., ...(year)..., by ...(name of person making
   77  statement)....
   78         ...(Signature of Notary Public - State of Florida)...
   79         ...(Print, Type, or Stamp Commissioned Name of Notary
   80  Public)...
   81  
   82         Personally Known .... OR Produced Identification ....
   83         Type of Identification Produced..........................
   84         (b) If any person other than the owner of record claims an
   85  interest in the proceeds prior to the date that the clerk
   86  reports the surplus as unclaimed or if the owner of record files
   87  a claim for the surplus but acknowledges that one or more other
   88  persons may be entitled to part or all of the surplus, the court
   89  shall set an evidentiary hearing to determine entitlement to the
   90  surplus. At the evidentiary hearing, an equity assignee has the
   91  burden of proving that he or she is entitled to some or all of
   92  the surplus funds. The court may grant summary judgment to a
   93  subordinate lienholder prior to or at the evidentiary hearing.
   94  The court shall consider the factors in s. 45.033 when hearing a
   95  claim that any person other than a subordinate lienholder or the
   96  owner of record is entitled to the surplus funds and shall hold
   97  any such claim that fails to qualify under s. 45.033 invalid.
   98         (4)Any nonprofit organization has unconditional standing
   99  to appear in any matter to oppose agreements that do not comply
  100  with this section or s. 45.033. If it is the prevailing party,
  101  the nonprofit organization is entitled to fees and costs,
  102  payable from the surplus, equal to the lesser of 5 percent of
  103  the surplus, or the fee stated in the opposed agreement.
  104         Section 2. Paragraphs (a), (b), and (d) of subsection (3)
  105  and subsections (5) and (6) of section 45.033, Florida Statutes,
  106  are amended, to read:
  107         45.033 Sale or assignment of rights to surplus funds in a
  108  property subject to foreclosure.—
  109         (3) A voluntary transfer or assignment shall be a transfer
  110  or assignment qualified under this subsection, thereby entitling
  111  the transferee or assignee to the surplus funds or a portion or
  112  percentage of the surplus funds, if:
  113         (a) The transfer or assignment is in writing and the
  114  instrument:
  115         1. Is executed after the foreclosure sale If executed prior
  116  to the foreclosure sale, includes a financial disclosure that
  117  specifies the assessed value of the property, a statement that
  118  the assessed value may be lower than the actual value of the
  119  property, the approximate amount of any debt encumbering the
  120  property, and the approximate amount of any equity in the
  121  property. If the instrument was executed after the foreclosure
  122  sale, the instrument must also specify the foreclosure sale
  123  price and the amount of the surplus.
  124         2. Includes a statement that the owner does not need an
  125  attorney or other representative to recover surplus funds in a
  126  foreclosure.
  127         3. Specifies all forms of consideration paid for the rights
  128  to the property or the assignment of the rights to any surplus
  129  funds.
  130         (b) The transferee or assignee is a nonprofit organization
  131  transfer or assignment is filed with the court on or before 60
  132  days after the filing of the certificate of disbursements.
  133         (d) The total compensation paid or payable, or earned or
  134  expected to be earned, by the transferee or assignee does not
  135  exceed 5 percent of the surplus or $1,000, whichever is greater
  136  12 percent of the surplus.
  137         (5) If the court finds that A voluntary transfer or
  138  assignment that does not qualify under subsection (3) is invalid
  139  and void but that the transfer or assignment was procured in
  140  good faith and with no intent to defraud the transferor or
  141  assignor, the court may order the clerk to pay the claim of the
  142  transferee or assignee after payment of timely filed claims of
  143  subordinate lienholders.
  144         (6) If a voluntary transfer or assignment of the surplus is
  145  set aside, the owner of record shall be entitled to payment of
  146  the surplus after payment of timely filed claims of subordinate
  147  lienholders, but the transferee or assignee may seek in a
  148  separate proceeding repayment of any consideration paid for the
  149  transfer or assignment.
  150         Section 3. Subsection (6) of section 197.582, Florida
  151  Statutes, is amended, and a new subsection (10) is added to that
  152  section, to read:
  153         197.582 Disbursement of proceeds of sale.—
  154         (6) Within 90 days after the claim period expires, the
  155  clerk must file an interpleader action in the circuit court if a
  156  claim is made by the property owner, an alleged assignee or
  157  transferee of the property owner, or any party purporting to
  158  represent the property owner. If any other person described in
  159  s. 197.502(7) files a claim, and no claim is filed by the
  160  property owner, the clerk may either file an interpleader action
  161  in circuit court, if potentially conflicting claims to the funds
  162  exist, or pay the surplus funds according to the clerk’s
  163  determination of the priority of claims using the information
  164  provided by the claimants under subsection (3). Fees and costs
  165  incurred by the clerk in determining whether an interpleader
  166  action should be filed shall be paid from the surplus funds. If
  167  the clerk files an interpleader action, the court must shall
  168  determine the distribution of funds based upon the priority of
  169  liens filed. The clerk may move the court to award reasonable
  170  fees and costs from the interpleaded funds. An action to require
  171  payment of surplus funds is not ripe until the claim and review
  172  periods expire. The failure of a person described in s.
  173  197.502(4), other than the property owner, to file a claim for
  174  surplus funds within the 120 days constitutes a waiver of all
  175  interest in the surplus funds, and all claims for them are
  176  forever barred.
  177         (10)(a)A property owner may not transfer or assign its
  178  interest in surplus funds to any party, except a nonprofit
  179  organization that is exempt from federal income tax pursuant to
  180  s. 501(c)(3) of the Internal Revenue Code, and is a Florida
  181  entity formed under chapter 605, chapter 607, or chapter 617 and
  182  whose principal office is located in this state. Any assignment
  183  or transfer that does not conform with this paragraph is deemed
  184  invalid.
  185         (b)Any person representing a property owner in claiming
  186  the surplus funds shall disclose to the court the total amount
  187  of compensation and other fees to be paid to himself or herself
  188  and may not charge the property owner more than 5 percent of the
  189  surplus or $1,000, whichever is greater.
  190         (c)Any nonprofit organization shall have unconditional
  191  standing to appear in any matter to oppose agreements that do
  192  not comply with this section. If it is the prevailing party, the
  193  nonprofit organization is entitled to fees and costs, payable
  194  from the surplus, equal to the lesser of 5 percent of the
  195  surplus, or the fee stated in the opposed agreement.
  196         Section 4. Section 212.134, Florida Statutes, is amended to
  197  read:
  198         212.134 Information returns relating to payment-card and
  199  third-party network transactions.—
  200         (1) For purposes of this section, the term:
  201         (a) “Participating payee” has the same meaning as in s.
  202  6050W of the Internal Revenue Code.
  203         (b)“Return” or “information return” means IRS Form 1099-K
  204  required under s. 6050W of the Internal Revenue Code.
  205         (c)“Third party network transaction” has the same meaning
  206  as in s. 6050W of the Internal Revenue Code.
  207         (d)“Third party settlement organization” has the same
  208  meaning as in s. 6050W of the Internal Revenue Code.
  209         (2) For each year in which a payment settlement entity, an
  210  electronic payment facilitator, or other third party contracted
  211  with the payment settlement entity to make payments to settle
  212  reportable payment transactions on behalf of the payment
  213  settlement entity must file a return pursuant to s. 6050W of the
  214  Internal Revenue Code, for participating payees with an address
  215  in this state, the entity, the facilitator, or the third party
  216  must submit the information in the return to the department by
  217  the 30th day after filing the federal return. The format of the
  218  information returns required must be either a copy of such
  219  information returns or a copy of such information returns
  220  related to participating payees with an address in the state.
  221  For purposes of this subsection, the term “payment settlement
  222  entity” has the same meaning as provided in s. 6050W of the
  223  Internal Revenue Code.
  224         (3)(2) All reports of returns submitted to the department
  225  under this section must be in an electronic format.
  226         (4)(3) Any payment settlement entity, facilitator, or third
  227  party failing to file the information return required, filing an
  228  incomplete information return, or not filing an information
  229  return within the time prescribed is subject to a penalty of
  230  $1,000 for each failure, if the failure is for not more than 30
  231  days, with an additional $1,000 for each month or fraction of a
  232  month during which each failure continues. The total amount of
  233  penalty imposed on a reporting entity may not exceed $10,000
  234  annually.
  235         (5)(4) The executive director or his or her designee may
  236  waive the penalty if he or she determines that the failure to
  237  timely file an information return was due to reasonable cause
  238  and not due to willful negligence, willful neglect, or fraud.
  239         (6)All third party settlement organizations that conduct
  240  transactions involving a participating payee with an address in
  241  this state shall create a mechanism for participating payees to
  242  identify whether a participating payee’s transaction is for
  243  goods and services or is personal. The mechanism must clearly
  244  indicate the participating payee’s requirement to indicate the
  245  appropriate transaction type. The participating payee is
  246  responsible for indicating the appropriate transaction type. All
  247  third party settlement organizations shall maintain records that
  248  clearly identify whether a transaction, as designated by the
  249  participating payee, is a transaction for goods and services or
  250  is personal. The information in the return submitted to the
  251  department under subsection (2) for such entities must be
  252  limited to transactions for goods and services.
  253         (7)Notwithstanding this section, subsection (6) does not
  254  apply to a third party settlement organization if a contractual
  255  agreement or arrangement to provide a third party payment
  256  network to a participating payee requires the third party
  257  settlement organization solely to settle third party network
  258  transactions for the provision of goods and services.
  259         Section 5. Section 286.312, Florida Statutes, is created to
  260  read:
  261         286.312Prohibited use of state funds; censorship or
  262  blacklisting of news sources.An agency may not enter into a
  263  contract or other agreement with an entity whose function is to
  264  advise the censorship or blacklisting of news sources based on
  265  subjective criteria or political biases under the stated goal of
  266  fact-checking or removing misinformation.
  267         Section 6. Subsection (2) of section 319.261, Florida
  268  Statutes, is amended to read:
  269         319.261 Real property transactions; retiring title to
  270  mobile home.—
  271         (2) The department must retire the title to the mobile home
  272  may be retired by the department if the owner of the real
  273  property records the following documents in the official records
  274  of the clerk of court in the county in which the real property
  275  is located:
  276         (a)1. The original title to the mobile home which includes
  277  shall include a description of the mobile home, including model
  278  year, make, width, length, and vehicle identification number,
  279  and a statement by any recorded lienholder on the title that the
  280  security interest in the home has been released, or that such
  281  security interest will be released upon retirement of the title
  282  as set forth in this section.
  283         2.(b) The legal description of the real property, and in
  284  the case of a leasehold interest, a copy of the lease agreement.
  285         3.(c) A sworn statement by the owner of the real property,
  286  as shown on the real property deed or lease, that he or she is
  287  the owner of the mobile home and that the home is permanently
  288  affixed to the real property in accordance with state law; or.
  289         (b)A mortgage that encumbers the interest of the owner of
  290  the mobile home and the real property and contains a description
  291  of the mobile home, including model, year, make, width, length,
  292  and vehicle identification number, and the mobile home is
  293  classified as real property under s. 320.15(1) and has been
  294  issued an “RP” sticker in accordance with s. 320.0815(2).
  295         Section 7. Section 489.147, Florida Statutes, is amended to
  296  read:
  297         489.147 Prohibited property insurance practices; contract
  298  requirements.—
  299         (1) As used in this section, the term:
  300         (a) “Prohibited advertisement” means any written or
  301  electronic communication by a contractor which encourages,
  302  instructs, or induces a consumer to contact a contractor or
  303  public adjuster for the purpose of making an insurance claim for
  304  roof damage, if such communication does not state in a font size
  305  of at least 12 points and at least half as large as the largest
  306  font size used in the communication that:
  307         1. The consumer is responsible for payment of any insurance
  308  deductible;
  309         2. It is insurance fraud punishable as a felony of the
  310  third degree for a contractor to knowingly or willfully, and
  311  with intent to injure, defraud, or deceive, pay, waive, or
  312  rebate all or part of an insurance deductible applicable to
  313  payment to the contractor for repairs to a property covered by a
  314  property insurance policy; and
  315         3. It is insurance fraud punishable as a felony of the
  316  third degree to intentionally file an insurance claim containing
  317  any false, incomplete, or misleading information.
  318  
  319  The term includes, but is not limited to, door hangers, business
  320  cards, magnets, flyers, pamphlets, and e-mails.
  321         (b) “Soliciting” means contacting:
  322         1. In person;
  323         2. By electronic means, including, but not limited to, e
  324  mail, telephone, and any other real-time communication directed
  325  to a specific person; or
  326         3. By delivery to a specific person.
  327         (2) A contractor may not directly or indirectly engage in
  328  any of the following practices:
  329         (a) Soliciting a residential property owner by means of a
  330  prohibited advertisement.
  331         (b) Offering to a residential property owner a rebate,
  332  gift, gift card, cash, coupon, waiver of any insurance
  333  deductible, or any other thing of value in exchange for:
  334         1. Allowing the contractor to conduct an inspection of the
  335  residential property owner’s roof; or
  336         2. Making an insurance claim for damage to the residential
  337  property owner’s roof.
  338         (c) Offering, delivering, receiving, or accepting any
  339  compensation, inducement, or reward, for the referral of any
  340  services for which property insurance proceeds are payable.
  341  Payment by the residential property owner or insurance company
  342  to a contractor for roofing services rendered does not
  343  constitute compensation for a referral.
  344         (d) Interpreting policy provisions or advising an insured
  345  regarding coverages or duties under the insured’s property
  346  insurance policy or adjusting a property insurance claim on
  347  behalf of the insured, unless the contractor holds a license as
  348  a public adjuster pursuant to part VI of chapter 626.
  349         (e) Providing an insured with an agreement authorizing
  350  repairs without providing a good faith estimate of the itemized
  351  and detailed cost of services and materials for repairs
  352  undertaken pursuant to a property insurance claim. A contractor
  353  does not violate this paragraph if, as a result of the process
  354  of the insurer adjusting a claim, the actual cost of repairs
  355  differs from the initial estimate.
  356         (3) A contractor who violates this section is subject to
  357  disciplinary proceedings as set forth in s. 489.129. A
  358  contractor may receive up to a $10,000 fine for each violation
  359  of this section.
  360         (4) For the purposes of this section:
  361         (a) The acts of any person on behalf of a contractor,
  362  including, but not limited to, the acts of a compensated
  363  employee or a nonemployee who is compensated for soliciting,
  364  shall be considered the actions of the contractor.
  365         (b) An unlicensed person who engages in an act prohibited
  366  by this section is guilty of unlicensed contracting and is
  367  subject to the penalties set forth in s. 489.13. Notwithstanding
  368  s. 489.13(3), an unlicensed person who violates this section may
  369  be fined up to $10,000 for each violation.
  370         (5) A contractor may not execute a contract with a
  371  residential property owner to repair or replace a roof without
  372  including a notice that the contractor may not engage in the
  373  practices set forth in paragraph (2)(b). If the contractor fails
  374  to include such notice, the residential property owner may void
  375  the contract within 10 days after executing it.
  376         (6)(a)An insured or a claimant may cancel a contract to
  377  replace or repair a roof without penalty or obligation until 10
  378  days following the execution of the contract or until the
  379  official start date, whichever comes first, if the contract was
  380  entered into based on events that are the subject of a
  381  declaration of a state of emergency by the Governor. For the
  382  purposes of this subsection, the term “official start date” is
  383  the date on which the work on the roof commences.
  384         (b)A contractor who executes a contract to replace or
  385  repair a roof of a residential property during a declaration of
  386  a state of emergency must include in the contract the following
  387  language, in bold type of not less than 18 points, immediately
  388  before the space reserved for the signature of the residential
  389  property owner:
  390  
  391         You, the residential property owner, may cancel this
  392         contract without penalty or obligation until 10 days
  393         following the execution of the contract or until the
  394         official start date, whichever comes first, because
  395         this contract was entered into during a declaration of
  396         a state of emergency by the Governor. It is the
  397         responsibility of your contractor to include an
  398         official start date clause in your contact. This
  399         clause must state the official start date and the work
  400         that will be commenced on that date. If there is no
  401         official start date clause in the contract, the
  402         contract may be voided within 10 days following the
  403         execution of the contract.
  404  
  405         (c)If the insured or claimant desires to cancel the
  406  contract under this subsection, such person must send a notice
  407  of cancellation by certified mail, return receipt requested, or
  408  other form of mailing that provides proof thereof, at the
  409  address specified in the contract.
  410         Section 8. Subsection (9) of section 559.9611, Florida
  411  Statutes, is amended to read:
  412         559.9611 Definitions.—As used in this part, the term:
  413         (9) “Depository institution” means a bank, a credit union,
  414  a savings bank, a savings and loan association, a savings or
  415  thrift association, or an industrial loan company doing business
  416  under the authority of a charter issued by the United States,
  417  this state, or any other state, district, territory, or
  418  commonwealth of the United States which is authorized to
  419  transact business in this state and whose deposits or share
  420  accounts are insured by the Federal Deposit Insurance
  421  Corporation or the National Credit Union Share Insurance Fund
  422  Florida state-chartered bank, savings bank, credit union, or
  423  trust company, or a federal savings or thrift association, bank,
  424  credit union, savings bank, or thrift.
  425         Section 9. Paragraph (d) of subsection (8) of section
  426  624.424, Florida Statutes, is amended to read:
  427         624.424 Annual statement and other information.—
  428         (8)
  429         (d) Upon creation of continuing education required under
  430  this paragraph, the certified public accountant who prepares the
  431  audit must be licensed to practice pursuant to chapter 473 and
  432  must have completed at least 4 hours of insurance-related
  433  continuing education during each 2-year continuing education
  434  cycle. An insurer may not use the same accountant or partner of
  435  an accounting firm responsible for preparing the report required
  436  by this subsection for more than 5 consecutive years. Following
  437  this period, the insurer may not use such accountant or partner
  438  for a period of 5 years, but may use another accountant or
  439  partner of the same firm. An insurer may request the office to
  440  waive this prohibition based upon an unusual hardship to the
  441  insurer and a determination that the accountant is exercising
  442  independent judgment that is not unduly influenced by the
  443  insurer considering such factors as the number of partners,
  444  expertise of the partners or the number of insurance clients of
  445  the accounting firm; the premium volume of the insurer; and the
  446  number of jurisdictions in which the insurer transacts business.
  447         Section 10. Subsection (19) of section 626.854, Florida
  448  Statutes, is amended, and subsections (5) through (18) of that
  449  section are republished, to read:
  450         626.854 “Public adjuster” defined; prohibitions.—The
  451  Legislature finds that it is necessary for the protection of the
  452  public to regulate public insurance adjusters and to prevent the
  453  unauthorized practice of law.
  454         (5) A public adjuster may not directly or indirectly
  455  through any other person or entity solicit an insured or
  456  claimant by any means except on Monday through Saturday of each
  457  week and only between the hours of 8 a.m. and 8 p.m. on those
  458  days.
  459         (6) When entering a contract for adjuster services after
  460  July 1, 2023, a public adjuster:
  461         (a) May not collect a fee for services on payments made to
  462  a named insured unless they have a written contract with the
  463  named insured, or the named insured’s legal representative.
  464         (b) May not contract for services to be provided by a third
  465  party on behalf of the named insured or in pursuit of settlement
  466  of the named insured’s claim, if the cost of those services is
  467  to be borne by the named insured, unless the named insured
  468  agrees in writing to procure these services and such agreement
  469  is entered into subsequent to the date of the contract for
  470  public adjusting services.
  471         (c) If a public adjuster contracts with a third-party
  472  service provider to assist with the settlement of the named
  473  insured’s claim, without first obtaining the insured’s written
  474  consent, payment of the third party’s fees must be made by the
  475  public adjuster and may not be charged back to the named
  476  insured.
  477         (d) If a public adjuster represents anyone other than the
  478  named insured in a claim, the public adjuster fees shall be paid
  479  by the third party and may not be charged back to the named
  480  insured.
  481         (7) An insured or claimant may cancel a public adjuster’s
  482  contract to adjust a claim without penalty or obligation within
  483  10 days after the date on which the contract is executed. If the
  484  contract was entered into based on events that are the subject
  485  of a declaration of a state of emergency by the Governor, an
  486  insured or claimant may cancel the public adjuster’s contract to
  487  adjust a claim without penalty or obligation within 30 days
  488  after the date of loss or 10 days after the date on which the
  489  contract is executed, whichever is longer. The public adjuster’s
  490  contract must contain the following language in minimum 18-point
  491  bold type immediately before the space reserved in the contract
  492  for the signature of the insured or claimant:
  493  
  494         You, the insured, may cancel this contract for any
  495         reason without penalty or obligation to you within 10
  496         days after the date of this contract. If this contract
  497         was entered into based on events that are the subject
  498         of a declaration of a state of emergency by the
  499         Governor, you may cancel this contract for any reason
  500         without penalty or obligation to you within 30 days
  501         after the date of loss or 10 days after the date on
  502         which the contract is executed, whichever is longer.
  503         You may also cancel the contract without penalty or
  504         obligation to you if I, as your public adjuster, fail
  505         to provide you and your insurer a copy of a written
  506         estimate within 60 days of the execution of the
  507         contract, unless the failure to provide the estimate
  508         within 60 days is caused by factors beyond my control,
  509         in accordance with s. 627.70131(5)(a)2., Florida
  510         Statutes. The 60-day cancellation period for failure
  511         to provide a written estimate shall cease on the date
  512         I have provided you with the written estimate.
  513  
  514  The notice of cancellation shall be provided to ...(name of
  515  public adjuster)..., submitted in writing and sent by certified
  516  mail, return receipt requested, or other form of mailing that
  517  provides proof thereof, at the address specified in the
  518  contract.
  519         (8) It is an unfair and deceptive insurance trade practice
  520  pursuant to s. 626.9541 for a public adjuster or any other
  521  person to circulate or disseminate any advertisement,
  522  announcement, or statement containing any assertion,
  523  representation, or statement with respect to the business of
  524  insurance which is untrue, deceptive, or misleading.
  525         (a) The following statements, made in any public adjuster’s
  526  advertisement or solicitation, are considered deceptive or
  527  misleading:
  528         1. A statement or representation that invites an insured
  529  policyholder to submit a claim when the policyholder does not
  530  have covered damage to insured property.
  531         2. A statement or representation that invites an insured
  532  policyholder to submit a claim by offering monetary or other
  533  valuable inducement.
  534         3. A statement or representation that invites an insured
  535  policyholder to submit a claim by stating that there is “no
  536  risk” to the policyholder by submitting such claim.
  537         4. A statement or representation, or use of a logo or
  538  shield, that implies or could mistakenly be construed to imply
  539  that the solicitation was issued or distributed by a
  540  governmental agency or is sanctioned or endorsed by a
  541  governmental agency.
  542         (b) For purposes of this paragraph, the term “written
  543  advertisement” includes only newspapers, magazines, flyers, and
  544  bulk mailers. The following disclaimer, which is not required to
  545  be printed on standard size business cards, must be added in
  546  bold print and capital letters in typeface no smaller than the
  547  typeface of the body of the text to all written advertisements
  548  by a public adjuster:
  549  
  550         THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD
  551         A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU
  552         ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU
  553         MAY DISREGARD THIS ADVERTISEMENT.
  554  
  555         (9) A public adjuster, a public adjuster apprentice, or any
  556  person or entity acting on behalf of a public adjuster or public
  557  adjuster apprentice may not give or offer to give a monetary
  558  loan or advance to a client or prospective client.
  559         (10) A public adjuster, public adjuster apprentice, or any
  560  individual or entity acting on behalf of a public adjuster or
  561  public adjuster apprentice may not give or offer to give,
  562  directly or indirectly, any article of merchandise having a
  563  value in excess of $25 to any individual for the purpose of
  564  advertising or as an inducement to entering into a contract with
  565  a public adjuster.
  566         (11)(a) If a public adjuster enters into a contract with an
  567  insured or claimant to reopen a claim or file a supplemental
  568  claim that seeks additional payments for a claim that has been
  569  previously paid in part or in full or settled by the insurer,
  570  the public adjuster may not charge, agree to, or accept from any
  571  source compensation, payment, commission, fee, or any other
  572  thing of value based on a previous settlement or previous claim
  573  payments by the insurer for the same cause of loss. The charge,
  574  compensation, payment, commission, fee, or any other thing of
  575  value must be based only on the claim payments or settlements
  576  paid to the insured, exclusive of attorney fees and costs,
  577  obtained through the work of the public adjuster after entering
  578  into the contract with the insured or claimant. Compensation for
  579  the reopened or supplemental claim may not exceed 20 percent of
  580  the reopened or supplemental claim payment. In no event shall
  581  the contracts described in this paragraph exceed the limitations
  582  in paragraph (b).
  583         (b) A public adjuster may not charge, agree to, or accept
  584  from any source compensation, payment, commission, fee, or any
  585  other thing of value in excess of:
  586         1. Ten percent of the amount of insurance claim payments or
  587  settlements, exclusive of attorney fees and costs, paid to the
  588  insured by the insurer for claims based on events that are the
  589  subject of a declaration of a state of emergency by the
  590  Governor. This provision applies to claims made during the year
  591  after the declaration of emergency. After that year, the
  592  limitations in subparagraph 2. apply.
  593         2. Twenty percent of the amount of insurance claim payments
  594  or settlements, exclusive of attorney fees and costs, paid to
  595  the insured by the insurer for claims that are not based on
  596  events that are the subject of a declaration of a state of
  597  emergency by the Governor.
  598         3. One percent of the amount of insurance claim payments or
  599  settlements, paid to the insured by the insurer for any coverage
  600  part of the policy where the claim payment or written agreement
  601  by the insurer to pay is equal to or greater than the policy
  602  limit for that part of the policy, if the payment or written
  603  commitment to pay is provided within 14 days after the date of
  604  loss or within 10 days after the date on which the public
  605  adjusting contract is executed, whichever is later.
  606         4. Zero percent of the amount of insurance claim payments
  607  or settlements, paid to the insured by the insurer for any
  608  coverage part of the policy where the claim payment or written
  609  agreement by the insurer to pay occurs before the date on which
  610  the public adjusting contract is executed.
  611         (c) Insurance claim payments made by the insurer do not
  612  include policy deductibles, and public adjuster compensation may
  613  not be based on the deductible portion of a claim.
  614         (d) Public adjuster compensation may not be based on
  615  amounts attributable to additional living expenses, unless such
  616  compensation is affirmatively agreed to in a separate agreement
  617  that includes a disclosure in substantially the following form:
  618  
  619         I agree to retain and compensate the public adjuster
  620         for adjusting my additional living expenses and
  621         securing payment from my insurer for amounts
  622         attributable to additional living expenses payable
  623         under the policy issued on my (home/mobile
  624         home/condominium unit).
  625  
  626         (e) Public adjuster rate of compensation may not be
  627  increased based solely on the fact that the claim is litigated.
  628         (f) Any maneuver, shift, or device through which the limits
  629  on compensation set forth in this subsection are exceeded is a
  630  violation of this chapter punishable as provided under s.
  631  626.8698.
  632         (12)(a) Each public adjuster must provide to the claimant
  633  or insured a written estimate of the loss to assist in the
  634  submission of a proof of loss or any other claim for payment of
  635  insurance proceeds within 60 days after the date of the
  636  contract. The written estimate must include an itemized, per
  637  unit estimate of the repairs, including itemized information on
  638  equipment, materials, labor, and supplies, in accordance with
  639  accepted industry standards. The public adjuster shall retain
  640  such written estimate for at least 5 years and shall make the
  641  estimate available to the claimant or insured, the insurer, and
  642  the department upon request.
  643         (b) An insured may cancel the contract with no additional
  644  penalties or fees charged by the public adjuster if such an
  645  estimate is not provided within 60 days after executing the
  646  contract, subject to the cancellation notice requirement in this
  647  section, unless the failure to provide the estimate within 60
  648  days is caused by factors beyond the control of the public
  649  adjuster. The cancellation period shall cease on the date the
  650  public adjuster provides the written estimate to the insured.
  651         (13) A public adjuster, public adjuster apprentice, or any
  652  person acting on behalf of a public adjuster or apprentice may
  653  not accept referrals of business from any person with whom the
  654  public adjuster conducts business if there is any form or manner
  655  of agreement to compensate the person, directly or indirectly,
  656  for referring business to the public adjuster. A public adjuster
  657  may not compensate any person, except for another public
  658  adjuster, directly or indirectly, for the principal purpose of
  659  referring business to the public adjuster.
  660         (14) A company employee adjuster, independent adjuster,
  661  attorney, investigator, or other persons acting on behalf of an
  662  insurer that needs access to an insured or claimant or to the
  663  insured property that is the subject of a claim must provide at
  664  least 48 hours’ notice to the insured or claimant, public
  665  adjuster, or legal representative before scheduling a meeting
  666  with the claimant or an onsite inspection of the insured
  667  property. The insured or claimant may deny access to the
  668  property if the notice has not been provided. The insured or
  669  claimant may waive the 48-hour notice.
  670         (15) The public adjuster must ensure that prompt notice is
  671  given of the claim to the insurer, the public adjuster’s
  672  contract is provided to the insurer, the property is available
  673  for inspection of the loss or damage by the insurer, and the
  674  insurer is given an opportunity to interview the insured
  675  directly about the loss and claim. The insurer must be allowed
  676  to obtain necessary information to investigate and respond to
  677  the claim.
  678         (a) The insurer may not exclude the public adjuster from
  679  its in-person meetings with the insured. The insurer shall meet
  680  or communicate with the public adjuster in an effort to reach
  681  agreement as to the scope of the covered loss under the
  682  insurance policy. The public adjuster shall meet or communicate
  683  with the insurer in an effort to reach agreement as to the scope
  684  of the covered loss under the insurance policy. This section
  685  does not impair the terms and conditions of the insurance policy
  686  in effect at the time the claim is filed.
  687         (b) A public adjuster may not restrict or prevent an
  688  insurer, company employee adjuster, independent adjuster,
  689  attorney, investigator, or other person acting on behalf of the
  690  insurer from having reasonable access at reasonable times to any
  691  insured or claimant or to the insured property that is the
  692  subject of a claim.
  693         (c) A public adjuster may not act or fail to reasonably act
  694  in any manner that obstructs or prevents an insurer or insurer’s
  695  adjuster from timely conducting an inspection of any part of the
  696  insured property for which there is a claim for loss or damage.
  697  The public adjuster representing the insureds may be present for
  698  the insurer’s inspection, but if the unavailability of the
  699  public adjuster otherwise delays the insurer’s timely inspection
  700  of the property, the public adjuster or the insureds must allow
  701  the insurer to have access to the property without the
  702  participation or presence of the public adjuster or insureds in
  703  order to facilitate the insurer’s prompt inspection of the loss
  704  or damage.
  705         (16) A licensed contractor under part I of chapter 489, or
  706  a subcontractor of such licensee, may not advertise, solicit,
  707  offer to handle, handle, or perform public adjuster services as
  708  provided in subsection (1) unless licensed and compliant as a
  709  public adjuster under this chapter. The prohibition against
  710  solicitation does not preclude a contractor from suggesting or
  711  otherwise recommending to a consumer that the consumer consider
  712  contacting his or her insurer to determine if the proposed
  713  repair is covered under the consumer’s insurance policy, except
  714  as it relates to solicitation prohibited in s. 489.147. In
  715  addition, the contractor may discuss or explain a bid for
  716  construction or repair of covered property with the residential
  717  property owner who has suffered loss or damage covered by a
  718  property insurance policy, or the insurer of such property, if
  719  the contractor is doing so for the usual and customary fees
  720  applicable to the work to be performed as stated in the contract
  721  between the contractor and the insured.
  722         (17) A public adjuster shall not acquire any interest in
  723  salvaged property, except with the written consent and
  724  permission of the insured through a signed affidavit.
  725         (18) A public adjuster, a public adjuster apprentice, or a
  726  person acting on behalf of an adjuster or apprentice may not
  727  enter into a contract or accept a power of attorney that vests
  728  in the public adjuster, the public adjuster apprentice, or the
  729  person acting on behalf of the adjuster or apprentice the
  730  effective authority to choose the persons or entities that will
  731  perform repair work in a property insurance claim or provide
  732  goods or services that will require the insured or third-party
  733  claimant to expend funds in excess of those payable to the
  734  public adjuster under the terms of the contract for adjusting
  735  services.
  736         (19) Subsections (5)-(18) apply only to residential
  737  property insurance policies and condominium unit owner policies
  738  as described in s. 718.111(11), except that subsection (11) also
  739  applies to coverages provided by condominium association,
  740  cooperative association, apartment building, and similar
  741  policies, including policies covering the common elements of a
  742  homeowners’ association.
  743         Section 11. Subsection (2) of section 626.8796, Florida
  744  Statutes, is amended to read:
  745         626.8796 Public adjuster contracts; disclosure statement;
  746  fraud statement.—
  747         (2) A public adjuster contract relating to a property and
  748  casualty claim must contain the full name, permanent business
  749  address, phone number, e-mail address, and license number of the
  750  public adjuster; the full name and license number of the public
  751  adjusting firm; and the insured’s full name, street address,
  752  phone number, and e-mail address, together with a brief
  753  description of the loss. The contract must state the percentage
  754  of compensation for the public adjuster’s services in minimum
  755  18-point bold type before the space reserved in the contract for
  756  the signature of the insured; the type of claim, including an
  757  emergency claim, nonemergency claim, or supplemental claim; the
  758  initials of the named insured on each page that does not contain
  759  the insured’s signature; the signatures of the public adjuster
  760  and all named insureds; and the signature date. If all of the
  761  named insureds’ signatures are not available, the public
  762  adjuster must submit an affidavit signed by the available named
  763  insureds attesting that they have authority to enter into the
  764  contract and settle all claim issues on behalf of the named
  765  insureds. An unaltered copy of the executed contract must be
  766  remitted to the insured at the time of execution and to the
  767  insurer, or the insurer’s representative within 7 days after
  768  execution. A public adjusting firm that adjusts claims primarily
  769  for commercial entities with operations in more than one state
  770  and that does not directly or indirectly perform adjusting
  771  services for insurers or individual homeowners is deemed to
  772  comply with the requirements of this subsection if, at the time
  773  a proof of loss is submitted, the public adjusting firm remits
  774  to the insurer an affidavit signed by the public adjuster or
  775  public adjuster apprentice that identifies:
  776         (a) The full name, permanent business address, phone
  777  number, e-mail address, and license number of the public
  778  adjuster or public adjuster apprentice.
  779         (b) The full name of the public adjusting firm.
  780         (c) The insured’s full name, street address, phone number,
  781  and e-mail address, together with a brief description of the
  782  loss.
  783         (d) An attestation that the compensation for public
  784  adjusting services will not exceed the limitations provided by
  785  law.
  786         (e) The type of claim, including an emergency claim,
  787  nonemergency claim, or supplemental claim.
  788         Section 12. Subsection (2) of section 627.43141, Florida
  789  Statues, is amended to read:
  790         627.43141 Notice of change in policy terms.—
  791         (2) A renewal policy may contain a change in policy terms.
  792  If such change occurs, the insurer shall give the named insured
  793  advance written notice summarizing the change, which may be
  794  enclosed along with the written notice of renewal premium
  795  required under ss. 627.4133 and 627.728 or sent separately
  796  within the timeframe required under the Florida Insurance Code
  797  for the provision of a notice of nonrenewal to the named insured
  798  for that line of insurance. The insurer must also provide a
  799  sample copy of the notice to the named insured’s insurance agent
  800  before or at the same time that notice is provided to the named
  801  insured. Such notice shall be entitled “Notice of Change in
  802  Policy Terms.” Beginning January 1, 2025, the “Notice of Change
  803  in Policy Terms” shall be in bold type of not less than 14
  804  points and included as a single page or consecutive pages, as
  805  necessary, within the written notice.
  806         Section 13. Section 627.6426, Florida Statutes, is amended
  807  to read:
  808         627.6426 Short-term health insurance.—
  809         (1) For purposes of this part, the term “short-term health
  810  insurance” means health insurance coverage provided by an issuer
  811  with an expiration date specified in the contract that is less
  812  than 12 months after the original effective date of the contract
  813  and, taking into account renewals or extensions, has a duration
  814  not to exceed 36 months in total.
  815         (2) All contracts for short-term health insurance entered
  816  into by an issuer and an individual seeking coverage must shall
  817  include the following written disclosures signed by the
  818  purchaser at the time of purchase disclosure:
  819         (a) The following statement:
  820  
  821         This coverage is not required to comply with certain
  822         federal market requirements for health insurance,
  823         principally those contained in the Patient Protection
  824         and Affordable Care Act. Be sure to check your policy
  825         carefully to make sure you are aware of any exclusions
  826         or limitations regarding coverage of preexisting
  827         conditions or health benefits (such as
  828         hospitalization, emergency services, maternity care,
  829         preventive care, prescription drugs, and mental health
  830         and substance use disorder services). Your policy
  831         might also have lifetime and/or annual dollar limits
  832         on health benefits. If this coverage expires or you
  833         lose eligibility for this coverage, you might have to
  834         wait until an open enrollment period to get other
  835         health insurance coverage.
  836  
  837         (b) The following information:
  838         1. The duration of the contract, including any waiting
  839  period.
  840         2. Any essential health benefit under 42 U.S.C. s. 18022(b)
  841  that the contract does not provide.
  842         3. The content of coverage.
  843         4. Any exclusion of preexisting conditions.
  844         (3) The disclosures must be printed in no less than 12
  845  point type and in a color that is easily readable. A copy of the
  846  signed disclosures must be maintained by the issuer for a period
  847  of 5 years after the date of purchase.
  848         (4) Disclosures provided by electronic means must meet the
  849  requirements of subsection (2).
  850         Section 14. Present subsection (4) of section 627.70132,
  851  Florida Statutes, is redesignated as subsection (5), and a new
  852  subsection (4) is added to that section, to read:
  853         627.70132 Notice of property insurance claim.—
  854         (4) A notice of claim for loss assessment coverage under s.
  855  627.714 must be given to the insurer within 90 days after the
  856  date on which the condominium association or its governing board
  857  votes to levy an assessment to cover a shortfall in reserves due
  858  to a covered loss. Such vote by the association or its governing
  859  board must have occurred within 33 months after the date of the
  860  loss that created the need for the assessment.
  861         Section 15. Section 791.012, Florida Statutes, is amended
  862  to read:
  863         791.012 Minimum fireworks safety standards.—The outdoor
  864  display of fireworks in this state shall be governed by the
  865  National Fire Protection Association (NFPA) 1123, Code for
  866  Fireworks Display, 2018 1995 Edition, approved by the American
  867  National Standards Institute. Any state, county, or municipal
  868  law, rule, or ordinance may provide for more stringent
  869  regulations for the outdoor display of fireworks, but in no
  870  event may any such law, rule, or ordinance provide for less
  871  stringent regulations for the outdoor display of fireworks. The
  872  division shall promulgate rules to carry out the provisions of
  873  this section. The Code for Fireworks Display shall not govern
  874  the display of any fireworks on private, residential property
  875  and shall not govern the display of those items included under
  876  s. 791.01(4)(b) and (c) and authorized for sale thereunder.
  877         Section 16. This act shall take effect July 1, 2024.
  878  
  879  ================= T I T L E  A M E N D M E N T ================
  880  And the title is amended as follows:
  881         Delete everything before the enacting clause
  882  and insert:
  883                        A bill to be entitled                      
  884         An act relating to consumer protection; amending
  885         45.032, F.S.; defining the term “nonprofit
  886         organization”; requiring certain persons to disclose
  887         to the court certain fees to be paid to himself or
  888         herself; prohibiting such persons from charging the
  889         owner of record more than a specified amount;
  890         requiring the court to hold certain claims invalid;
  891         providing that any nonprofit organization has
  892         unconditional standing in certain matters; providing
  893         that a nonprofit organization is entitled to certain
  894         fees and costs under certain circumstances; making a
  895         technical change; amending s. 45.033, F.S.; revising
  896         the circumstances in which a transferee or assignee is
  897         entitled to surplus funds or a portion or percentage
  898         of surplus funds; providing that certain voluntary
  899         transfers or assignments are invalid and void;
  900         amending s. 197.582, F.S.; requiring the clerk, within
  901         a specified timeframe, to file an interpleader action
  902         under certain circumstances; revising the
  903         circumstances when the clerk may file an interpleader
  904         action; prohibiting a property owner from transferring
  905         or assigning its interest in surplus funds to any
  906         party; providing an exception; providing that certain
  907         transfers or assignments are invalid; requiring
  908         certain persons to disclose to the court certain fees
  909         to be paid to himself or herself; prohibiting such
  910         persons from charging the owner of record more than a
  911         specified amount; providing that a nonprofit
  912         organization has unconditional standing in certain
  913         matters; providing that a nonprofit organization is
  914         entitled to certain fees and costs under certain
  915         circumstances; making a technical change; amending s.
  916         212.134, F.S.; defining terms; revising requirements
  917         for payment settlement entities, or their electronic
  918         payment facilitators or contracted third parties, in
  919         submitting information returns to the Department of
  920         Revenue; specifying requirements for third party
  921         settlement organizations that conduct certain
  922         transactions; providing applicability; creating s.
  923         286.312, F.S.; prohibiting agencies from entering into
  924         certain contracts or agreements; amending s. 319.261,
  925         F.S.; requiring the department to retire the title to
  926         a mobile home under certain circumstances; making
  927         technical changes; amending s. 489.147, F.S.;
  928         authorizing an insured or claimant to cancel a
  929         contract to replace or repair a rook without penalty
  930         or obligation under certain circumstances; defining
  931         the term “official start date”; requiring certain
  932         contractors to include certain language in contracts
  933         executed at a specified time; requiring an insured or
  934         claimant to send a notice of cancellation under
  935         certain circumstances; amending s. 559.9611, F.S.;
  936         revising the definition of the term “depository
  937         institution”; amending s. 624.424, F.S.; providing
  938         requirements for certain insurers’ accountants;
  939         amending s. 626.854, F.S.; revising applicability of
  940         provisions relating to public adjusters; amending s.
  941         626.8796, F.S.; revising the content of certain public
  942         adjuster contracts; amending s. 627.43141, F.S.;
  943         specifying requirements, after a specified date, for
  944         certain notices regarding a change in policy terms;
  945         amending s. 627.6426, F.S.; revising the disclosure
  946         requirements of contracts for short-term health
  947         insurance; amending s. 627.70132, F.S.; requiring a
  948         condominium association to give a notice of claim for
  949         loss assessment coverage to its insurer by a certain
  950         date; amending s. 791.012, F.S.; updating the source
  951         of the code for outdoor display of fireworks;
  952         providing an effective date.