Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1066
       
       
       
       
       
       
                                Ì590610pÎ590610                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/27/2024           .                                
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       The Committee on Rules (Burton) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 91 - 898
    4  and insert:
    5  subordinate lienholder, the court may shall order the clerk to
    6  deduct any applicable service charges from the surplus and pay
    7  the remainder to the owner of record. Any person representing an
    8  owner of record in claiming the surplus shall disclose to the
    9  court the total amount of compensation and other fees to be paid
   10  to himself or herself and may not charge the owner of record
   11  more than 5 percent of the surplus or $1,000, whichever is
   12  greater. The clerk may establish a reasonable requirement that
   13  the owner of record prove his or her identity before receiving
   14  the disbursement. The clerk may assist an owner of record in
   15  making a claim. An owner of record may use the following form in
   16  making a claim:
   17  
   18  (Caption of Action)
   19  
   20                          OWNER’S CLAIM FOR                        
   21                    MORTGAGE FORECLOSURE SURPLUS                   
   22  
   23  State of ....
   24  County of ....
   25         Under penalty of perjury, I (we) hereby certify that:
   26         1. I was (we were) the owner of the following described
   27  real property in .... County, Florida, prior to the foreclosure
   28  sale and as of the date of the filing of the lis pendens:
   29  
   30  ...(Legal description of real property)...
   31  
   32         2. I (we) do not owe any money on any mortgage on the
   33  property that was foreclosed other than the one that was paid
   34  off by the foreclosure.
   35         3. I (we) do not owe any money that is the subject of an
   36  unpaid judgment, tax warrant, condominium lien, cooperative
   37  lien, or homeowners’ association.
   38         4. I am (we are) not currently in bankruptcy.
   39         5. I (we) have not sold or assigned my (our) right to the
   40  mortgage surplus.
   41         6. My (our) new address is: .....
   42         7. If there is more than one owner entitled to the surplus,
   43  we have agreed that the surplus should be paid .... jointly, or
   44  to: ...., at the following address: .....
   45         8. I (WE) UNDERSTAND THAT I (WE) AM (ARE) NOT REQUIRED TO
   46  HAVE A LAWYER OR ANY OTHER REPRESENTATION AND I (WE) DO NOT HAVE
   47  TO ASSIGN MY (OUR) RIGHTS TO ANYONE ELSE IN ORDER TO CLAIM ANY
   48  MONEY TO WHICH I (WE) MAY BE ENTITLED.
   49         9. I (WE) UNDERSTAND THAT THIS STATEMENT IS GIVEN UNDER
   50  OATH, AND IF ANY STATEMENTS ARE UNTRUE THAT I (WE) MAY BE
   51  PROSECUTED CRIMINALLY FOR PERJURY.
   52  
   53  ...(Signatures)...
   54  
   55         Sworn to (or affirmed) and subscribed before me this ....
   56  day of ...., ...(year)..., by ...(name of person making
   57  statement)....
   58         ...(Signature of Notary Public - State of Florida)...
   59         ...(Print, Type, or Stamp Commissioned Name of Notary
   60  Public)...
   61  
   62         Personally Known .... OR Produced Identification ....
   63         Type of Identification Produced..........................
   64         (b) If any person other than the owner of record claims an
   65  interest in the proceeds prior to the date that the clerk
   66  reports the surplus as unclaimed or if the owner of record files
   67  a claim for the surplus but acknowledges that one or more other
   68  persons may be entitled to part or all of the surplus, the court
   69  shall set an evidentiary hearing to determine entitlement to the
   70  surplus. At the evidentiary hearing, an equity assignee has the
   71  burden of proving that he or she is entitled to some or all of
   72  the surplus funds. The court may grant summary judgment to a
   73  subordinate lienholder prior to or at the evidentiary hearing.
   74  The court shall consider the factors in s. 45.033 when hearing a
   75  claim that any person other than a subordinate lienholder or the
   76  owner of record is entitled to the surplus funds and shall hold
   77  any such claim that fails to qualify under s. 45.033 invalid.
   78         (4)Any nonprofit organization has unconditional standing
   79  to appear in any matter to oppose agreements that do not comply
   80  with this section or s. 45.033. If it is the prevailing party,
   81  the nonprofit organization is entitled to fees and costs,
   82  payable from the surplus, equal to the lesser of 5 percent of
   83  the surplus, or the fee stated in the opposed agreement.
   84         Section 2. Paragraphs (a), (b), and (d) of subsection (3)
   85  and subsections (5) and (6) of section 45.033, Florida Statutes,
   86  are amended, to read:
   87         45.033 Sale or assignment of rights to surplus funds in a
   88  property subject to foreclosure.—
   89         (3) A voluntary transfer or assignment shall be a transfer
   90  or assignment qualified under this subsection, thereby entitling
   91  the transferee or assignee to the surplus funds or a portion or
   92  percentage of the surplus funds, if:
   93         (a) The transfer or assignment is in writing and the
   94  instrument:
   95         1. Is executed after the foreclosure sale If executed prior
   96  to the foreclosure sale, includes a financial disclosure that
   97  specifies the assessed value of the property, a statement that
   98  the assessed value may be lower than the actual value of the
   99  property, the approximate amount of any debt encumbering the
  100  property, and the approximate amount of any equity in the
  101  property. If the instrument was executed after the foreclosure
  102  sale, the instrument must also specify the foreclosure sale
  103  price and the amount of the surplus.
  104         2. Includes a statement that the owner does not need an
  105  attorney or other representative to recover surplus funds in a
  106  foreclosure.
  107         3. Specifies all forms of consideration paid for the rights
  108  to the property or the assignment of the rights to any surplus
  109  funds.
  110         (b) The transferee or assignee is a nonprofit organization
  111  transfer or assignment is filed with the court on or before 60
  112  days after the filing of the certificate of disbursements.
  113         (d) The total compensation paid or payable, or earned or
  114  expected to be earned, by the transferee or assignee does not
  115  exceed 5 percent of the surplus or $1,000, whichever is greater
  116  12 percent of the surplus.
  117         (5) If the court finds that A voluntary transfer or
  118  assignment that does not qualify under subsection (3) is invalid
  119  and void but that the transfer or assignment was procured in
  120  good faith and with no intent to defraud the transferor or
  121  assignor, the court may order the clerk to pay the claim of the
  122  transferee or assignee after payment of timely filed claims of
  123  subordinate lienholders.
  124         (6) If a voluntary transfer or assignment of the surplus is
  125  set aside, the owner of record shall be entitled to payment of
  126  the surplus after payment of timely filed claims of subordinate
  127  lienholders, but the transferee or assignee may seek in a
  128  separate proceeding repayment of any consideration paid for the
  129  transfer or assignment.
  130         Section 3. Section 212.134, Florida Statutes, is amended to
  131  read:
  132         212.134 Information returns relating to payment-card and
  133  third-party network transactions.—
  134         (1) For purposes of this section, the term:
  135         (a) “Participating payee” has the same meaning as in s.
  136  6050W of the Internal Revenue Code.
  137         (b)“Return” or “information return” means IRS Form 1099-K
  138  required under s. 6050W of the Internal Revenue Code.
  139         (c)“Third party network transaction” has the same meaning
  140  as in s. 6050W of the Internal Revenue Code.
  141         (d)“Third party settlement organization” has the same
  142  meaning as in s. 6050W of the Internal Revenue Code.
  143         (2) For each year in which a payment settlement entity, an
  144  electronic payment facilitator, or other third party contracted
  145  with the payment settlement entity to make payments to settle
  146  reportable payment transactions on behalf of the payment
  147  settlement entity must file a return pursuant to s. 6050W of the
  148  Internal Revenue Code, for participating payees with an address
  149  in this state, the entity, the facilitator, or the third party
  150  must submit the information in the return to the department by
  151  the 30th day after filing the federal return. The format of the
  152  information returns required must be either a copy of such
  153  information returns or a copy of such information returns
  154  related to participating payees with an address in the state.
  155  For purposes of this subsection, the term “payment settlement
  156  entity” has the same meaning as provided in s. 6050W of the
  157  Internal Revenue Code.
  158         (3)(2) All reports of returns submitted to the department
  159  under this section must be in an electronic format.
  160         (4)(3) Any payment settlement entity, facilitator, or third
  161  party failing to file the information return required, filing an
  162  incomplete information return, or not filing an information
  163  return within the time prescribed is subject to a penalty of
  164  $1,000 for each failure, if the failure is for not more than 30
  165  days, with an additional $1,000 for each month or fraction of a
  166  month during which each failure continues. The total amount of
  167  penalty imposed on a reporting entity may not exceed $10,000
  168  annually.
  169         (5)(4) The executive director or his or her designee may
  170  waive the penalty if he or she determines that the failure to
  171  timely file an information return was due to reasonable cause
  172  and not due to willful negligence, willful neglect, or fraud.
  173         (6)All third party settlement organizations that conduct
  174  transactions involving a participating payee with an address in
  175  this state shall create a mechanism for senders of payments to
  176  identify whether a payment to a payee is for goods and services
  177  or is personal. The mechanism must clearly indicate the sender’s
  178  requirement to indicate the appropriate transaction type. The
  179  sender of the payment is responsible for indicating the
  180  appropriate transaction type. All third party settlement
  181  organizations shall maintain records that clearly identify
  182  whether a transaction, as designated by the sender of the
  183  payment, is a transaction for goods and services or is personal.
  184  The information in the return submitted to the department under
  185  subsection (2) for such entities must be limited to transactions
  186  for goods and services.
  187         (7)Notwithstanding this section, subsection (6) does not
  188  apply to a third party settlement organization if a contractual
  189  agreement or arrangement to provide a third party payment
  190  network to a participating payee requires the third party
  191  settlement organization solely to settle third party network
  192  transactions for the provision of goods and services.
  193         Section 4. Section 286.312, Florida Statutes, is created to
  194  read:
  195         286.312Prohibited use of state funds; censorship or
  196  blacklisting of news sources.An agency may not enter into a
  197  contract or other agreement with an entity whose function is to
  198  advise the censorship or blacklisting of news sources based on
  199  subjective criteria or political biases under the stated goal of
  200  fact-checking or removing misinformation.
  201         Section 5. Section 489.147, Florida Statutes, is amended to
  202  read:
  203         489.147 Prohibited property insurance practices; contract
  204  requirements.—
  205         (1) As used in this section, the term:
  206         (a) “Prohibited advertisement” means any written or
  207  electronic communication by a contractor which encourages,
  208  instructs, or induces a consumer to contact a contractor or
  209  public adjuster for the purpose of making an insurance claim for
  210  roof damage, if such communication does not state in a font size
  211  of at least 12 points and at least half as large as the largest
  212  font size used in the communication that:
  213         1. The consumer is responsible for payment of any insurance
  214  deductible;
  215         2. It is insurance fraud punishable as a felony of the
  216  third degree for a contractor to knowingly or willfully, and
  217  with intent to injure, defraud, or deceive, pay, waive, or
  218  rebate all or part of an insurance deductible applicable to
  219  payment to the contractor for repairs to a property covered by a
  220  property insurance policy; and
  221         3. It is insurance fraud punishable as a felony of the
  222  third degree to intentionally file an insurance claim containing
  223  any false, incomplete, or misleading information.
  224  
  225  The term includes, but is not limited to, door hangers, business
  226  cards, magnets, flyers, pamphlets, and e-mails.
  227         (b) “Soliciting” means contacting:
  228         1. In person;
  229         2. By electronic means, including, but not limited to, e
  230  mail, telephone, and any other real-time communication directed
  231  to a specific person; or
  232         3. By delivery to a specific person.
  233         (2) A contractor may not directly or indirectly engage in
  234  any of the following practices:
  235         (a) Soliciting a residential property owner by means of a
  236  prohibited advertisement.
  237         (b) Offering to a residential property owner a rebate,
  238  gift, gift card, cash, coupon, waiver of any insurance
  239  deductible, or any other thing of value in exchange for:
  240         1. Allowing the contractor to conduct an inspection of the
  241  residential property owner’s roof; or
  242         2. Making an insurance claim for damage to the residential
  243  property owner’s roof.
  244         (c) Offering, delivering, receiving, or accepting any
  245  compensation, inducement, or reward, for the referral of any
  246  services for which property insurance proceeds are payable.
  247  Payment by the residential property owner or insurance company
  248  to a contractor for roofing services rendered does not
  249  constitute compensation for a referral.
  250         (d) Interpreting policy provisions or advising an insured
  251  regarding coverages or duties under the insured’s property
  252  insurance policy or adjusting a property insurance claim on
  253  behalf of the insured, unless the contractor holds a license as
  254  a public adjuster pursuant to part VI of chapter 626.
  255         (e) Providing an insured with an agreement authorizing
  256  repairs without providing a good faith estimate of the itemized
  257  and detailed cost of services and materials for repairs
  258  undertaken pursuant to a property insurance claim. A contractor
  259  does not violate this paragraph if, as a result of the process
  260  of the insurer adjusting a claim, the actual cost of repairs
  261  differs from the initial estimate.
  262         (3) A contractor who violates this section is subject to
  263  disciplinary proceedings as set forth in s. 489.129. A
  264  contractor may receive up to a $10,000 fine for each violation
  265  of this section.
  266         (4) For the purposes of this section:
  267         (a) The acts of any person on behalf of a contractor,
  268  including, but not limited to, the acts of a compensated
  269  employee or a nonemployee who is compensated for soliciting,
  270  shall be considered the actions of the contractor.
  271         (b) An unlicensed person who engages in an act prohibited
  272  by this section is guilty of unlicensed contracting and is
  273  subject to the penalties set forth in s. 489.13. Notwithstanding
  274  s. 489.13(3), an unlicensed person who violates this section may
  275  be fined up to $10,000 for each violation.
  276         (5) A contractor may not execute a contract with a
  277  residential property owner to repair or replace a roof without
  278  including a notice that the contractor may not engage in the
  279  practices set forth in paragraph (2)(b). If the contractor fails
  280  to include such notice, the residential property owner may void
  281  the contract within 10 days after executing it.
  282         (6)(a)A residential property owner may cancel a contract
  283  to replace or repair a roof without penalty or obligation until
  284  10 days following the execution of the contract or until the
  285  official start date, whichever comes first, if the contract was
  286  entered into based on events that are the subject of a
  287  declaration of a state of emergency by the Governor. For the
  288  purposes of this subsection, the term “official start date” is
  289  the date on which work that includes the installation of
  290  materials that will be included in the final work on the roof
  291  commences, a final permit has been issued, or a temporary repair
  292  to the roof covering or roof has been made in compliance with
  293  the Florida Building Code.
  294         (b)A contractor who executes a contract to replace or
  295  repair a roof of a residential property during a declaration of
  296  a state of emergency must include in the contract immediately
  297  before the space reserved for the signature of the residential
  298  property owner, or add as an attachment to the contract, the
  299  following language, in bold type of not less than 18 points:
  300  
  301         You, the residential property owner, may cancel this
  302         contract without penalty or obligation until 10 days
  303         following the execution of the contract or until the
  304         official start date, whichever comes first, because
  305         this contract was entered into during a declaration of
  306         a state of emergency by the Governor. The official
  307         start date is the date on which work that includes the
  308         installation of materials that will be included in the
  309         final work on the roof commences, a final permit has
  310         been issued, or a temporary repair to the roof
  311         covering or roof system has been made in compliance
  312         with the Florida Building Code.
  313  
  314         (c)The residential property owner must send the notice of
  315  cancellation by certified mail, return receipt requested, or
  316  other form of mailing that provides proof thereof, at the
  317  address specified in the contract.
  318         (d)For purposes of this section, the term “residential
  319  property owner” means the person who holds legal title to the
  320  residential real property that is the subject of and directly
  321  impacted by the action of a governmental entity. The term does
  322  not include a governmental entity.
  323         Section 6. Subsection (9) of section 559.9611, Florida
  324  Statutes, is amended to read:
  325         559.9611 Definitions.—As used in this part, the term:
  326         (9) “Depository institution” means a bank, a credit union,
  327  a savings bank, a savings and loan association, a savings or
  328  thrift association, or an industrial loan company doing business
  329  under the authority of a charter issued by the United States,
  330  this state, or any other state, district, territory, or
  331  commonwealth of the United States which is authorized to
  332  transact business in this state and whose deposits or share
  333  accounts are insured by the Federal Deposit Insurance
  334  Corporation or the National Credit Union Share Insurance Fund
  335  Florida state-chartered bank, savings bank, credit union, or
  336  trust company, or a federal savings or thrift association, bank,
  337  credit union, savings bank, or thrift.
  338         Section 7. Paragraph (d) of subsection (8) of section
  339  624.424, Florida Statutes, is amended to read:
  340         624.424 Annual statement and other information.—
  341         (8)
  342         (d) Upon creation of continuing education required under
  343  this paragraph, the certified public accountant who prepares the
  344  audit must be licensed to practice pursuant to chapter 473 and
  345  must have completed at least 4 hours of insurance-related
  346  continuing education during each 2-year continuing education
  347  cycle. An insurer may not use the same accountant or partner of
  348  an accounting firm responsible for preparing the report required
  349  by this subsection for more than 5 consecutive years. Following
  350  this period, the insurer may not use such accountant or partner
  351  for a period of 5 years, but may use another accountant or
  352  partner of the same firm. An insurer may request the office to
  353  waive this prohibition based upon an unusual hardship to the
  354  insurer and a determination that the accountant is exercising
  355  independent judgment that is not unduly influenced by the
  356  insurer considering such factors as the number of partners,
  357  expertise of the partners or the number of insurance clients of
  358  the accounting firm; the premium volume of the insurer; and the
  359  number of jurisdictions in which the insurer transacts business.
  360         Section 8. Subsection (19) of section 626.854, Florida
  361  Statutes, is amended, and subsections (5) through (18) of that
  362  section are republished, to read:
  363         626.854 “Public adjuster” defined; prohibitions.—The
  364  Legislature finds that it is necessary for the protection of the
  365  public to regulate public insurance adjusters and to prevent the
  366  unauthorized practice of law.
  367         (5) A public adjuster may not directly or indirectly
  368  through any other person or entity solicit an insured or
  369  claimant by any means except on Monday through Saturday of each
  370  week and only between the hours of 8 a.m. and 8 p.m. on those
  371  days.
  372         (6) When entering a contract for adjuster services after
  373  July 1, 2023, a public adjuster:
  374         (a) May not collect a fee for services on payments made to
  375  a named insured unless they have a written contract with the
  376  named insured, or the named insured’s legal representative.
  377         (b) May not contract for services to be provided by a third
  378  party on behalf of the named insured or in pursuit of settlement
  379  of the named insured’s claim, if the cost of those services is
  380  to be borne by the named insured, unless the named insured
  381  agrees in writing to procure these services and such agreement
  382  is entered into subsequent to the date of the contract for
  383  public adjusting services.
  384         (c) If a public adjuster contracts with a third-party
  385  service provider to assist with the settlement of the named
  386  insured’s claim, without first obtaining the insured’s written
  387  consent, payment of the third party’s fees must be made by the
  388  public adjuster and may not be charged back to the named
  389  insured.
  390         (d) If a public adjuster represents anyone other than the
  391  named insured in a claim, the public adjuster fees shall be paid
  392  by the third party and may not be charged back to the named
  393  insured.
  394         (7) An insured or claimant may cancel a public adjuster’s
  395  contract to adjust a claim without penalty or obligation within
  396  10 days after the date on which the contract is executed. If the
  397  contract was entered into based on events that are the subject
  398  of a declaration of a state of emergency by the Governor, an
  399  insured or claimant may cancel the public adjuster’s contract to
  400  adjust a claim without penalty or obligation within 30 days
  401  after the date of loss or 10 days after the date on which the
  402  contract is executed, whichever is longer. The public adjuster’s
  403  contract must contain the following language in minimum 18-point
  404  bold type immediately before the space reserved in the contract
  405  for the signature of the insured or claimant:
  406  
  407         You, the insured, may cancel this contract for any
  408         reason without penalty or obligation to you within 10
  409         days after the date of this contract. If this contract
  410         was entered into based on events that are the subject
  411         of a declaration of a state of emergency by the
  412         Governor, you may cancel this contract for any reason
  413         without penalty or obligation to you within 30 days
  414         after the date of loss or 10 days after the date on
  415         which the contract is executed, whichever is longer.
  416         You may also cancel the contract without penalty or
  417         obligation to you if I, as your public adjuster, fail
  418         to provide you and your insurer a copy of a written
  419         estimate within 60 days of the execution of the
  420         contract, unless the failure to provide the estimate
  421         within 60 days is caused by factors beyond my control,
  422         in accordance with s. 627.70131(5)(a)2., Florida
  423         Statutes. The 60-day cancellation period for failure
  424         to provide a written estimate shall cease on the date
  425         I have provided you with the written estimate.
  426  
  427  The notice of cancellation shall be provided to ...(name of
  428  public adjuster)..., submitted in writing and sent by certified
  429  mail, return receipt requested, or other form of mailing that
  430  provides proof thereof, at the address specified in the
  431  contract.
  432         (8) It is an unfair and deceptive insurance trade practice
  433  pursuant to s. 626.9541 for a public adjuster or any other
  434  person to circulate or disseminate any advertisement,
  435  announcement, or statement containing any assertion,
  436  representation, or statement with respect to the business of
  437  insurance which is untrue, deceptive, or misleading.
  438         (a) The following statements, made in any public adjuster’s
  439  advertisement or solicitation, are considered deceptive or
  440  misleading:
  441         1. A statement or representation that invites an insured
  442  policyholder to submit a claim when the policyholder does not
  443  have covered damage to insured property.
  444         2. A statement or representation that invites an insured
  445  policyholder to submit a claim by offering monetary or other
  446  valuable inducement.
  447         3. A statement or representation that invites an insured
  448  policyholder to submit a claim by stating that there is “no
  449  risk” to the policyholder by submitting such claim.
  450         4. A statement or representation, or use of a logo or
  451  shield, that implies or could mistakenly be construed to imply
  452  that the solicitation was issued or distributed by a
  453  governmental agency or is sanctioned or endorsed by a
  454  governmental agency.
  455         (b) For purposes of this paragraph, the term “written
  456  advertisement” includes only newspapers, magazines, flyers, and
  457  bulk mailers. The following disclaimer, which is not required to
  458  be printed on standard size business cards, must be added in
  459  bold print and capital letters in typeface no smaller than the
  460  typeface of the body of the text to all written advertisements
  461  by a public adjuster:
  462  
  463         THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD
  464         A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU
  465         ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU
  466         MAY DISREGARD THIS ADVERTISEMENT.
  467  
  468         (9) A public adjuster, a public adjuster apprentice, or any
  469  person or entity acting on behalf of a public adjuster or public
  470  adjuster apprentice may not give or offer to give a monetary
  471  loan or advance to a client or prospective client.
  472         (10) A public adjuster, public adjuster apprentice, or any
  473  individual or entity acting on behalf of a public adjuster or
  474  public adjuster apprentice may not give or offer to give,
  475  directly or indirectly, any article of merchandise having a
  476  value in excess of $25 to any individual for the purpose of
  477  advertising or as an inducement to entering into a contract with
  478  a public adjuster.
  479         (11)(a) If a public adjuster enters into a contract with an
  480  insured or claimant to reopen a claim or file a supplemental
  481  claim that seeks additional payments for a claim that has been
  482  previously paid in part or in full or settled by the insurer,
  483  the public adjuster may not charge, agree to, or accept from any
  484  source compensation, payment, commission, fee, or any other
  485  thing of value based on a previous settlement or previous claim
  486  payments by the insurer for the same cause of loss. The charge,
  487  compensation, payment, commission, fee, or any other thing of
  488  value must be based only on the claim payments or settlements
  489  paid to the insured, exclusive of attorney fees and costs,
  490  obtained through the work of the public adjuster after entering
  491  into the contract with the insured or claimant. Compensation for
  492  the reopened or supplemental claim may not exceed 20 percent of
  493  the reopened or supplemental claim payment. In no event shall
  494  the contracts described in this paragraph exceed the limitations
  495  in paragraph (b).
  496         (b) A public adjuster may not charge, agree to, or accept
  497  from any source compensation, payment, commission, fee, or any
  498  other thing of value in excess of:
  499         1. Ten percent of the amount of insurance claim payments or
  500  settlements, exclusive of attorney fees and costs, paid to the
  501  insured by the insurer for claims based on events that are the
  502  subject of a declaration of a state of emergency by the
  503  Governor. This provision applies to claims made during the year
  504  after the declaration of emergency. After that year, the
  505  limitations in subparagraph 2. apply.
  506         2. Twenty percent of the amount of insurance claim payments
  507  or settlements, exclusive of attorney fees and costs, paid to
  508  the insured by the insurer for claims that are not based on
  509  events that are the subject of a declaration of a state of
  510  emergency by the Governor.
  511         3. One percent of the amount of insurance claim payments or
  512  settlements, paid to the insured by the insurer for any coverage
  513  part of the policy where the claim payment or written agreement
  514  by the insurer to pay is equal to or greater than the policy
  515  limit for that part of the policy, if the payment or written
  516  commitment to pay is provided within 14 days after the date of
  517  loss or within 10 days after the date on which the public
  518  adjusting contract is executed, whichever is later.
  519         4. Zero percent of the amount of insurance claim payments
  520  or settlements, paid to the insured by the insurer for any
  521  coverage part of the policy where the claim payment or written
  522  agreement by the insurer to pay occurs before the date on which
  523  the public adjusting contract is executed.
  524         (c) Insurance claim payments made by the insurer do not
  525  include policy deductibles, and public adjuster compensation may
  526  not be based on the deductible portion of a claim.
  527         (d) Public adjuster compensation may not be based on
  528  amounts attributable to additional living expenses, unless such
  529  compensation is affirmatively agreed to in a separate agreement
  530  that includes a disclosure in substantially the following form:
  531  
  532         I agree to retain and compensate the public adjuster
  533         for adjusting my additional living expenses and
  534         securing payment from my insurer for amounts
  535         attributable to additional living expenses payable
  536         under the policy issued on my (home/mobile
  537         home/condominium unit).
  538  
  539         (e) Public adjuster rate of compensation may not be
  540  increased based solely on the fact that the claim is litigated.
  541         (f) Any maneuver, shift, or device through which the limits
  542  on compensation set forth in this subsection are exceeded is a
  543  violation of this chapter punishable as provided under s.
  544  626.8698.
  545         (12)(a) Each public adjuster must provide to the claimant
  546  or insured a written estimate of the loss to assist in the
  547  submission of a proof of loss or any other claim for payment of
  548  insurance proceeds within 60 days after the date of the
  549  contract. The written estimate must include an itemized, per
  550  unit estimate of the repairs, including itemized information on
  551  equipment, materials, labor, and supplies, in accordance with
  552  accepted industry standards. The public adjuster shall retain
  553  such written estimate for at least 5 years and shall make the
  554  estimate available to the claimant or insured, the insurer, and
  555  the department upon request.
  556         (b) An insured may cancel the contract with no additional
  557  penalties or fees charged by the public adjuster if such an
  558  estimate is not provided within 60 days after executing the
  559  contract, subject to the cancellation notice requirement in this
  560  section, unless the failure to provide the estimate within 60
  561  days is caused by factors beyond the control of the public
  562  adjuster. The cancellation period shall cease on the date the
  563  public adjuster provides the written estimate to the insured.
  564         (13) A public adjuster, public adjuster apprentice, or any
  565  person acting on behalf of a public adjuster or apprentice may
  566  not accept referrals of business from any person with whom the
  567  public adjuster conducts business if there is any form or manner
  568  of agreement to compensate the person, directly or indirectly,
  569  for referring business to the public adjuster. A public adjuster
  570  may not compensate any person, except for another public
  571  adjuster, directly or indirectly, for the principal purpose of
  572  referring business to the public adjuster.
  573         (14) A company employee adjuster, independent adjuster,
  574  attorney, investigator, or other persons acting on behalf of an
  575  insurer that needs access to an insured or claimant or to the
  576  insured property that is the subject of a claim must provide at
  577  least 48 hours’ notice to the insured or claimant, public
  578  adjuster, or legal representative before scheduling a meeting
  579  with the claimant or an onsite inspection of the insured
  580  property. The insured or claimant may deny access to the
  581  property if the notice has not been provided. The insured or
  582  claimant may waive the 48-hour notice.
  583         (15) The public adjuster must ensure that prompt notice is
  584  given of the claim to the insurer, the public adjuster’s
  585  contract is provided to the insurer, the property is available
  586  for inspection of the loss or damage by the insurer, and the
  587  insurer is given an opportunity to interview the insured
  588  directly about the loss and claim. The insurer must be allowed
  589  to obtain necessary information to investigate and respond to
  590  the claim.
  591         (a) The insurer may not exclude the public adjuster from
  592  its in-person meetings with the insured. The insurer shall meet
  593  or communicate with the public adjuster in an effort to reach
  594  agreement as to the scope of the covered loss under the
  595  insurance policy. The public adjuster shall meet or communicate
  596  with the insurer in an effort to reach agreement as to the scope
  597  of the covered loss under the insurance policy. This section
  598  does not impair the terms and conditions of the insurance policy
  599  in effect at the time the claim is filed.
  600         (b) A public adjuster may not restrict or prevent an
  601  insurer, company employee adjuster, independent adjuster,
  602  attorney, investigator, or other person acting on behalf of the
  603  insurer from having reasonable access at reasonable times to any
  604  insured or claimant or to the insured property that is the
  605  subject of a claim.
  606         (c) A public adjuster may not act or fail to reasonably act
  607  in any manner that obstructs or prevents an insurer or insurer’s
  608  adjuster from timely conducting an inspection of any part of the
  609  insured property for which there is a claim for loss or damage.
  610  The public adjuster representing the insureds may be present for
  611  the insurer’s inspection, but if the unavailability of the
  612  public adjuster otherwise delays the insurer’s timely inspection
  613  of the property, the public adjuster or the insureds must allow
  614  the insurer to have access to the property without the
  615  participation or presence of the public adjuster or insureds in
  616  order to facilitate the insurer’s prompt inspection of the loss
  617  or damage.
  618         (16) A licensed contractor under part I of chapter 489, or
  619  a subcontractor of such licensee, may not advertise, solicit,
  620  offer to handle, handle, or perform public adjuster services as
  621  provided in subsection (1) unless licensed and compliant as a
  622  public adjuster under this chapter. The prohibition against
  623  solicitation does not preclude a contractor from suggesting or
  624  otherwise recommending to a consumer that the consumer consider
  625  contacting his or her insurer to determine if the proposed
  626  repair is covered under the consumer’s insurance policy, except
  627  as it relates to solicitation prohibited in s. 489.147. In
  628  addition, the contractor may discuss or explain a bid for
  629  construction or repair of covered property with the residential
  630  property owner who has suffered loss or damage covered by a
  631  property insurance policy, or the insurer of such property, if
  632  the contractor is doing so for the usual and customary fees
  633  applicable to the work to be performed as stated in the contract
  634  between the contractor and the insured.
  635         (17) A public adjuster shall not acquire any interest in
  636  salvaged property, except with the written consent and
  637  permission of the insured through a signed affidavit.
  638         (18) A public adjuster, a public adjuster apprentice, or a
  639  person acting on behalf of an adjuster or apprentice may not
  640  enter into a contract or accept a power of attorney that vests
  641  in the public adjuster, the public adjuster apprentice, or the
  642  person acting on behalf of the adjuster or apprentice the
  643  effective authority to choose the persons or entities that will
  644  perform repair work in a property insurance claim or provide
  645  goods or services that will require the insured or third-party
  646  claimant to expend funds in excess of those payable to the
  647  public adjuster under the terms of the contract for adjusting
  648  services.
  649         (19) Subsections (5)-(18) apply only to residential
  650  property insurance policies and condominium unit owner policies
  651  as described in s. 718.111(11), except that subsection (11) also
  652  applies to coverages provided by condominium association,
  653  cooperative association, apartment building, and similar
  654  policies, including policies covering the common elements of a
  655  homeowners’ association.
  656         Section 9. Subsection (2) of section 626.8796, Florida
  657  Statutes, is amended to read:
  658         626.8796 Public adjuster contracts; disclosure statement;
  659  fraud statement.—
  660         (2) A public adjuster contract relating to a property and
  661  casualty claim must contain the full name, permanent business
  662  address, phone number, e-mail address, and license number of the
  663  public adjuster; the full name and license number of the public
  664  adjusting firm; and the insured’s full name, street address,
  665  phone number, and e-mail address, together with a brief
  666  description of the loss. The contract must state the percentage
  667  of compensation for the public adjuster’s services in minimum
  668  18-point bold type before the space reserved in the contract for
  669  the signature of the insured; the type of claim, including an
  670  emergency claim, nonemergency claim, or supplemental claim; the
  671  initials of the named insured on each page that does not contain
  672  the insured’s signature; the signatures of the public adjuster
  673  and all named insureds; and the signature date. If all of the
  674  named insureds’ signatures are not available, the public
  675  adjuster must submit an affidavit signed by the available named
  676  insureds attesting that they have authority to enter into the
  677  contract and settle all claim issues on behalf of the named
  678  insureds. An unaltered copy of the executed contract must be
  679  remitted to the insured at the time of execution and to the
  680  insurer, or the insurer’s representative within 7 days after
  681  execution. A public adjusting firm that adjusts claims primarily
  682  for commercial entities with operations in more than one state
  683  and that does not directly or indirectly perform adjusting
  684  services for insurers or individual homeowners is deemed to
  685  comply with the requirements of this subsection if, at the time
  686  a proof of loss is submitted, the public adjusting firm remits
  687  to the insurer an affidavit signed by the public adjuster or
  688  public adjuster apprentice that identifies:
  689         (a) The full name, permanent business address, phone
  690  number, e-mail address, and license number of the public
  691  adjuster or public adjuster apprentice.
  692         (b) The full name of the public adjusting firm.
  693         (c) The insured’s full name, street address, phone number,
  694  and e-mail address, together with a brief description of the
  695  loss.
  696         (d) An attestation that the compensation for public
  697  adjusting services will not exceed the limitations provided by
  698  law.
  699         (e) The type of claim, including an emergency claim,
  700  nonemergency claim, or supplemental claim.
  701         Section 10. Subsection (2) of section 627.43141, Florida
  702  Statues, is amended to read:
  703         627.43141 Notice of change in policy terms.—
  704         (2) A renewal policy may contain a change in policy terms.
  705  If such change occurs, the insurer shall give the named insured
  706  advance written notice summarizing the change, which may be
  707  enclosed along with the written notice of renewal premium
  708  required under ss. 627.4133 and 627.728 or sent separately
  709  within the timeframe required under the Florida Insurance Code
  710  for the provision of a notice of nonrenewal to the named insured
  711  for that line of insurance. The insurer must also provide a
  712  sample copy of the notice to the named insured’s insurance agent
  713  before or at the same time that notice is provided to the named
  714  insured. Such notice shall be entitled “Notice of Change in
  715  Policy Terms.” Beginning January 1, 2025, the “Notice of Change
  716  in Policy Terms” must be in bold type of not less than 14 points
  717  and included as a single page or consecutive pages, as
  718  necessary, within the written notice.
  719         Section 11. Section 627.6426, Florida Statutes, is amended
  720  to read:
  721         627.6426 Short-term health insurance.—
  722         (1) For purposes of this part, the term “short-term health
  723  insurance” means health insurance coverage provided by an issuer
  724  with an expiration date specified in the contract that is less
  725  than 12 months after the original effective date of the contract
  726  and, taking into account renewals or extensions, has a duration
  727  not to exceed 36 months in total.
  728         (2) All contracts for short-term health insurance entered
  729  into by an issuer and an individual seeking coverage must shall
  730  include the following written disclosures signed by the
  731  purchaser at the time of purchase disclosure:
  732         (a) The following statement:
  733  
  734         This coverage is not required to comply with certain
  735         federal market requirements for health insurance,
  736         principally those contained in the Patient Protection
  737         and Affordable Care Act. Be sure to check your policy
  738         carefully to make sure you are aware of any exclusions
  739         or limitations regarding coverage of preexisting
  740         conditions or health benefits (such as
  741         hospitalization, emergency services, maternity care,
  742         preventive care, prescription drugs, and mental health
  743         and substance use disorder services). Your policy
  744         might also have lifetime and/or annual dollar limits
  745         on health benefits. If this coverage expires or you
  746         lose eligibility for this coverage, you might have to
  747         wait until an open enrollment period to get other
  748         health insurance coverage.
  749  
  750         (b) The following information:
  751         1. The duration of the contract, including any waiting
  752  period.
  753         2. Any essential health benefit under 42 U.S.C. s. 18022(b)
  754  that the contract does not provide.
  755         3. The content of coverage.
  756         4. Any exclusion of preexisting conditions.
  757         (3) The disclosures must be printed in no less than 12
  758  point type and in a color that is easily readable. A copy of the
  759  signed disclosures must be maintained by the issuer for a period
  760  of 5 years after the date of purchase.
  761         (4) Disclosures provided by electronic means must meet the
  762  requirements of subsection (2).
  763         Section 12. Present subsection (4) of section 627.70132,
  764  Florida Statutes, is redesignated as subsection (5), and a new
  765  subsection (4) is added to that section, to read:
  766         627.70132 Notice of property insurance claim.—
  767         (4)a.A notice of claim for loss assessment coverage under
  768  s. 627.714 may not occur later than 3 years from the date of
  769  loss and must be provided to the insurer the later of:
  770         1.Within one year from the date of loss; or
  771         2.Within 90 days after the date on which the condominium
  772  association or its governing board votes to levy an assessment
  773  resulting from a covered loss.
  774         b.For purposes of this subsection, the date of loss is the
  775  date of the covered loss event that created the need for an
  776  assessment.
  777         Section 13. Paragraph (a) of subsection (4) of section
  778  791.01, Florida Statutes, is amended to read:
  779         791.01 Definitions.—As used in this chapter, the term:
  780         (4)(a) “Fireworks” means and includes any combustible or
  781  explosive composition or substance or combination of substances
  782  or, except as hereinafter provided, any article prepared for the
  783  purpose of producing a visible or audible effect by combustion,
  784  explosion, deflagration, or detonation. The term includes blank
  785  cartridges and toy cannons in which explosives are used, the
  786  type of balloons which require fire underneath to propel them,
  787  firecrackers, torpedoes, skyrockets, Roman candles, dago bombs,
  788  and any fireworks containing any explosives or flammable
  789  compound or any tablets or other device containing any explosive
  790  substance.
  791  
  792  ================= T I T L E  A M E N D M E N T ================
  793  And the title is amended as follows:
  794         Delete lines 4 - 65
  795  and insert:
  796         organization”; authorizing the court to order the
  797         clerk to deduct certain service charges and pay the
  798         remainder to the owner of record; requiring certain
  799         persons to disclose to the court certain fees to be
  800         paid to himself or herself; prohibiting such persons
  801         from charging the owner of record more than a
  802         specified amount; requiring the court to hold certain
  803         claims invalid; providing that any nonprofit
  804         organization has unconditional standing in certain
  805         matters; providing that a nonprofit organization is
  806         entitled to certain fees and costs under certain
  807         circumstances; making a technical change; amending s.
  808         45.033, F.S.; revising the circumstances in which a
  809         transferee or assignee is entitled to surplus funds or
  810         a portion or percentage of surplus funds; providing
  811         that certain voluntary transfers or assignments are
  812         invalid and void; amending s. 212.134, F.S.; defining
  813         terms; revising requirements for payment settlement
  814         entities, or their electronic payment facilitators or
  815         contracted third parties, in submitting information
  816         returns to the Department of Revenue; specifying
  817         requirements for third party settlement organizations
  818         that conduct certain transactions; providing
  819         applicability; creating s. 286.312, F.S.; prohibiting
  820         agencies from entering into certain contracts or
  821         agreements; amending s. 489.147, F.S.; authorizing a
  822         residential property owner to cancel a contract to
  823         replace or repair a roof without penalty or obligation
  824         under certain circumstances; defining the term
  825         “official start date”; requiring certain contractors
  826         to include specified language in contracts or as an
  827         attachment to such contracts executed at a specified
  828         time; specifying requirements for a residential
  829         property owner who sends a notice of cancellation to
  830         the contractor; defining the term “residential
  831         property owner”; amending s. 559.9611, F.S.; revising
  832         the definition of the term “depository institution”;
  833         amending s. 624.424, F.S.; providing requirements for
  834         certain insurers’ accountants; amending s. 626.854,
  835         F.S.; revising applicability of provisions relating to
  836         public adjusters; amending s. 626.8796, F.S.; revising
  837         the content of certain public adjuster contracts;
  838         amending s. 627.43141, F.S.; specifying requirements,
  839         after a specified date, for certain notices regarding
  840         a change in policy terms; amending s. 627.6426, F.S.;
  841         revising the disclosure requirements of contracts for
  842         short-term health insurance; amending s. 627.70132,
  843         F.S.; prohibiting a notice of claim for loss
  844         assessment coverage from occurring later than a
  845         specified date; requiring that such notice be provided
  846         to an insurer no later than a specified date;
  847         specifying the date of loss; amending s. 791.01, F.S.;
  848         revising the definition of the term “fireworks”;
  849         amending s. 791.012, F.S.; updating the source