Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1066
       
       
       
       
       
       
                                Ì810800fÎ810800                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2024           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Burton) recommended the following:
       
    1         Senate Substitute for Amendment (590610) (with title
    2  amendment)
    3  
    4         Delete lines 71 - 898
    5  and insert:
    6         Section 1. Section 212.134, Florida Statutes, is amended to
    7  read:
    8         212.134 Information returns relating to payment-card and
    9  third party third-party network transactions.—
   10         (1) For purposes of this section, the term:
   11         (a) “Participating payee” has the same meaning as in s.
   12  6050W of the Internal Revenue Code.
   13         (b)“Return” or “information return” means IRS Form 1099-K
   14  required under s. 6050W of the Internal Revenue Code.
   15         (c)“Third party network transaction” has the same meaning
   16  as in s. 6050W of the Internal Revenue Code.
   17         (d)“Third party settlement organization” has the same
   18  meaning as in s. 6050W of the Internal Revenue Code.
   19         (2) For each year in which a payment settlement entity, an
   20  electronic payment facilitator, or other third party contracted
   21  with the payment settlement entity to make payments to settle
   22  reportable payment transactions on behalf of the payment
   23  settlement entity must file a return pursuant to s. 6050W of the
   24  Internal Revenue Code, for participating payees with an address
   25  in this state, the entity, the facilitator, or the third party
   26  must submit the information in the return to the department by
   27  the 30th day after filing the federal return. The format of the
   28  information returns required must be either a copy of such
   29  information returns or a copy of such information returns
   30  related to participating payees with an address in the state.
   31  For purposes of this subsection, the term “payment settlement
   32  entity” has the same meaning as provided in s. 6050W of the
   33  Internal Revenue Code.
   34         (3)(2) All reports of returns submitted to the department
   35  under this section must be in an electronic format.
   36         (4)(3) Any payment settlement entity, facilitator, or third
   37  party failing to file the information return required, filing an
   38  incomplete information return, or not filing an information
   39  return within the time prescribed is subject to a penalty of
   40  $1,000 for each failure, if the failure is for not more than 30
   41  days, with an additional $1,000 for each month or fraction of a
   42  month during which each failure continues. The total amount of
   43  penalty imposed on a reporting entity may not exceed $10,000
   44  annually.
   45         (5)(4) The executive director or his or her designee may
   46  waive the penalty if he or she determines that the failure to
   47  timely file an information return was due to reasonable cause
   48  and not due to willful negligence, willful neglect, or fraud.
   49         (6)All third party settlement organizations that conduct
   50  transactions involving a participating payee with an address in
   51  this state and that have a contractual obligation with such
   52  participating payee to make payment to them shall create a
   53  mechanism for senders of payments to identify whether a payment
   54  to a payee is for goods and services or is personal. The
   55  mechanism must clearly indicate the sender’s requirement to
   56  indicate the appropriate transaction type. The sender of the
   57  payment is responsible for indicating the appropriate
   58  transaction type. All third party settlement organizations shall
   59  maintain records that clearly identify whether a transaction, as
   60  designated by the sender of the payment, is a transaction for
   61  goods and services or is personal. The information in the return
   62  submitted to the department under subsection (2) for such
   63  entities must be limited to transactions for goods and services.
   64         (7)Notwithstanding this section, subsection (6) does not
   65  apply to a third party settlement organization if a contractual
   66  agreement or arrangement to provide a third party payment
   67  network to a participating payee requires the third party
   68  settlement organization solely to settle third party network
   69  transactions for the provision of goods and services.
   70         Section 2. Section 489.147, Florida Statutes, is amended to
   71  read:
   72         489.147 Prohibited property insurance practices; contract
   73  requirements.—
   74         (1) As used in this section, the term:
   75         (a) “Prohibited advertisement” means any written or
   76  electronic communication by a contractor which encourages,
   77  instructs, or induces a consumer to contact a contractor or
   78  public adjuster for the purpose of making an insurance claim for
   79  roof damage, if such communication does not state in a font size
   80  of at least 12 points and at least half as large as the largest
   81  font size used in the communication that:
   82         1. The consumer is responsible for payment of any insurance
   83  deductible;
   84         2. It is insurance fraud punishable as a felony of the
   85  third degree for a contractor to knowingly or willfully, and
   86  with intent to injure, defraud, or deceive, pay, waive, or
   87  rebate all or part of an insurance deductible applicable to
   88  payment to the contractor for repairs to a property covered by a
   89  property insurance policy; and
   90         3. It is insurance fraud punishable as a felony of the
   91  third degree to intentionally file an insurance claim containing
   92  any false, incomplete, or misleading information.
   93  
   94  The term includes, but is not limited to, door hangers, business
   95  cards, magnets, flyers, pamphlets, and e-mails.
   96         (b) “Residential property owner” means the person who holds
   97  the legal title to the residential real property that is subject
   98  of and directly impacted by the action of a governmental entity.
   99  The term does not include a governmental entity.
  100         (c) “Soliciting” means contacting:
  101         1. In person;
  102         2. By electronic means, including, but not limited to, e
  103  mail, telephone, and any other real-time communication directed
  104  to a specific person; or
  105         3. By delivery to a specific person.
  106         (2) A contractor may not directly or indirectly engage in
  107  any of the following practices:
  108         (a) Soliciting a residential property owner by means of a
  109  prohibited advertisement.
  110         (b) Offering to a residential property owner a rebate,
  111  gift, gift card, cash, coupon, waiver of any insurance
  112  deductible, or any other thing of value in exchange for:
  113         1. Allowing the contractor to conduct an inspection of the
  114  residential property owner’s roof; or
  115         2. Making an insurance claim for damage to the residential
  116  property owner’s roof.
  117         (c) Offering, delivering, receiving, or accepting any
  118  compensation, inducement, or reward, for the referral of any
  119  services for which property insurance proceeds are payable.
  120  Payment by the residential property owner or insurance company
  121  to a contractor for roofing services rendered does not
  122  constitute compensation for a referral.
  123         (d) Interpreting policy provisions or advising an insured
  124  regarding coverages or duties under the insured’s property
  125  insurance policy or adjusting a property insurance claim on
  126  behalf of the insured, unless the contractor holds a license as
  127  a public adjuster pursuant to part VI of chapter 626.
  128         (e) Providing an insured with an agreement authorizing
  129  repairs without providing a good faith estimate of the itemized
  130  and detailed cost of services and materials for repairs
  131  undertaken pursuant to a property insurance claim. A contractor
  132  does not violate this paragraph if, as a result of the process
  133  of the insurer adjusting a claim, the actual cost of repairs
  134  differs from the initial estimate.
  135         (3) A contractor who violates this section is subject to
  136  disciplinary proceedings as set forth in s. 489.129. A
  137  contractor may receive up to a $10,000 fine for each violation
  138  of this section.
  139         (4) For the purposes of this section:
  140         (a) The acts of any person on behalf of a contractor,
  141  including, but not limited to, the acts of a compensated
  142  employee or a nonemployee who is compensated for soliciting,
  143  shall be considered the actions of the contractor.
  144         (b) An unlicensed person who engages in an act prohibited
  145  by this section is guilty of unlicensed contracting and is
  146  subject to the penalties set forth in s. 489.13. Notwithstanding
  147  s. 489.13(3), an unlicensed person who violates this section may
  148  be fined up to $10,000 for each violation.
  149         (5) A contractor may not execute a contract with a
  150  residential property owner to repair or replace a roof without
  151  including a notice that the contractor may not engage in the
  152  practices set forth in paragraph (2)(b). If the contractor fails
  153  to include such notice, the residential property owner may void
  154  the contract within 10 days after executing it.
  155         (6)(a)A residential property owner may cancel a contract
  156  to replace or repair a roof without penalty or obligation within
  157  10 days after the execution of the contract or by the official
  158  start date, whichever comes first, if the contract was entered
  159  into based on events that are the subject of a declaration of a
  160  state of emergency by the Governor. For the purposes of this
  161  subsection, the term “official start date” means the date on
  162  which work that includes the installation of materials that will
  163  be included in the final work on the roof commences, a final
  164  permit has been issued, or a temporary repair to the roof
  165  covering or roof has been made in compliance with the Florida
  166  Building Code.
  167         (b) A contractor executing a contract during a declaration
  168  of a state of emergency to replace or repair a roof of a
  169  residential property must include or add as an attachment to the
  170  contract the following language, in bold type of not less than
  171  18 points, immediately before a space reserved for the signature
  172  of the residential property owner:
  173  
  174         You, the residential property owner, may cancel this
  175         contract without penalty or obligation within 10 days
  176         after the execution of the contract or by the official
  177         start date, whichever comes first, because this
  178         contract was entered into during a declaration of a
  179         state of emergency by the Governor. The official start
  180         date is the date on which work that includes the
  181         installation of materials that will be included in the
  182         final work on the roof commences, a final permit has
  183         been issued, or a temporary repair to the roof
  184         covering or roof system has been made in compliance
  185         with the Florida Building Code.
  186  
  187         (c)The residential property owner must send the notice of
  188  cancellation by certified mail, return receipt requested, or
  189  other form of mailing that provides proof thereof, at the
  190  address specified in the contract.
  191         Section 3. Subsection (9) of section 559.9611, Florida
  192  Statutes, is amended to read:
  193         559.9611 Definitions.—As used in this part, the term:
  194         (9) “Depository institution” means a bank, a credit union,
  195  a savings bank, a savings and loan association, a savings or
  196  thrift association, or an industrial loan company doing business
  197  under the authority of a charter issued by the United States,
  198  this state, or any other state, district, territory, or
  199  commonwealth of the United States which is authorized to
  200  transact business in this state and whose deposits or share
  201  accounts are insured by the Federal Deposit Insurance
  202  Corporation or the National Credit Union Share Insurance Fund
  203  Florida state-chartered bank, savings bank, credit union, or
  204  trust company, or a federal savings or thrift association, bank,
  205  credit union, savings bank, or thrift.
  206         Section 4. Paragraph (d) of subsection (8) of section
  207  624.424, Florida Statutes, is amended to read:
  208         624.424 Annual statement and other information.—
  209         (8)
  210         (d) Upon creation of continuing education required under
  211  this paragraph, the certified public accountant who prepares the
  212  audit must be licensed to practice pursuant to chapter 473 and
  213  must have completed at least 4 hours of insurance-related
  214  continuing education during each 2-year continuing education
  215  cycle. An insurer may not use the same accountant or partner of
  216  an accounting firm responsible for preparing the report required
  217  by this subsection for more than 5 consecutive years. Following
  218  this period, the insurer may not use such accountant or partner
  219  for a period of 5 years, but may use another accountant or
  220  partner of the same firm. An insurer may request the office to
  221  waive this prohibition based upon an unusual hardship to the
  222  insurer and a determination that the accountant is exercising
  223  independent judgment that is not unduly influenced by the
  224  insurer considering such factors as the number of partners,
  225  expertise of the partners or the number of insurance clients of
  226  the accounting firm; the premium volume of the insurer; and the
  227  number of jurisdictions in which the insurer transacts business.
  228         Section 5. Subsection (2) of section 626.8796, Florida
  229  Statutes, is amended to read:
  230         626.8796 Public adjuster contracts; disclosure statement;
  231  fraud statement.—
  232         (2) A public adjuster contract relating to a property and
  233  casualty claim must contain the full name, permanent business
  234  address, phone number, e-mail address, and license number of the
  235  public adjuster; the full name and license number of the public
  236  adjusting firm; and the insured’s full name, street address,
  237  phone number, and e-mail address, together with a brief
  238  description of the loss. The contract must state the percentage
  239  of compensation for the public adjuster’s services in minimum
  240  18-point bold type before the space reserved in the contract for
  241  the signature of the insured; the type of claim, including an
  242  emergency claim, nonemergency claim, or supplemental claim; the
  243  initials of the named insured on each page that does not contain
  244  the insured’s signature; the signatures of the public adjuster
  245  and all named insureds; and the signature date. If all of the
  246  named insureds’ signatures are not available, the public
  247  adjuster must submit an affidavit signed by the available named
  248  insureds attesting that they have authority to enter into the
  249  contract and settle all claim issues on behalf of the named
  250  insureds. An unaltered copy of the executed contract must be
  251  remitted to the insured at the time of execution and to the
  252  insurer, or the insurer’s representative within 7 days after
  253  execution. A public adjusting firm that adjusts claims primarily
  254  for commercial entities with operations in more than one state
  255  and that does not directly or indirectly perform adjusting
  256  services for insurers or individual homeowners is deemed to
  257  comply with the requirements of this subsection if, at the time
  258  a proof of loss is submitted, the public adjusting firm remits
  259  to the insurer an affidavit signed by the public adjuster or
  260  public adjuster apprentice that identifies:
  261         (a) The full name, permanent business address, phone
  262  number, e-mail address, and license number of the public
  263  adjuster or public adjuster apprentice.
  264         (b) The full name of the public adjusting firm.
  265         (c) The insured’s full name, street address, phone number,
  266  and e-mail address, together with a brief description of the
  267  loss.
  268         (d) An attestation that the compensation for public
  269  adjusting services will not exceed the limitations provided by
  270  law.
  271         (e) The type of claim, including an emergency claim,
  272  nonemergency claim, or supplemental claim.
  273         Section 6. Subsection (2) of section 627.43141, Florida
  274  Statues, is amended to read:
  275         627.43141 Notice of change in policy terms.—
  276         (2) A renewal policy may contain a change in policy terms.
  277  If such change occurs, the insurer shall give the named insured
  278  advance written notice summarizing the change, which may be
  279  enclosed along with the written notice of renewal premium
  280  required under ss. 627.4133 and 627.728 or sent separately
  281  within the timeframe required under the Florida Insurance Code
  282  for the provision of a notice of nonrenewal to the named insured
  283  for that line of insurance. The insurer must also provide a
  284  sample copy of the notice to the named insured’s insurance agent
  285  before or at the same time that notice is provided to the named
  286  insured. Such notice shall be entitled “Notice of Change in
  287  Policy Terms.” Beginning January 1, 2025, the notice shall be in
  288  bold type of not less than 14 points and included as a single
  289  page or consecutive pages, as necessary, within the written
  290  notice.
  291         Section 7. Section 627.6426, Florida Statutes, is amended
  292  to read:
  293         627.6426 Short-term health insurance.—
  294         (1) For purposes of this part, the term “short-term health
  295  insurance” means health insurance coverage provided by an issuer
  296  with an expiration date specified in the contract that is less
  297  than 12 months after the original effective date of the contract
  298  and, taking into account renewals or extensions, has a duration
  299  not to exceed 36 months in total.
  300         (2) All contracts for short-term health insurance entered
  301  into by an issuer and an individual seeking coverage must shall
  302  include the following written disclosures signed by the
  303  purchaser at the time of purchase disclosure:
  304         (a) The following statement:
  305  
  306         This coverage is not required to comply with certain
  307         federal market requirements for health insurance,
  308         principally those contained in the Patient Protection
  309         and Affordable Care Act. Be sure to check your policy
  310         carefully to make sure you are aware of any exclusions
  311         or limitations regarding coverage of preexisting
  312         conditions or health benefits (such as
  313         hospitalization, emergency services, maternity care,
  314         preventive care, prescription drugs, and mental health
  315         and substance use disorder services). Your policy
  316         might also have lifetime and/or annual dollar limits
  317         on health benefits. If this coverage expires or you
  318         lose eligibility for this coverage, you might have to
  319         wait until an open enrollment period to get other
  320         health insurance coverage.
  321  
  322         (b) The following information:
  323         1. The duration of the contract, including any waiting
  324  period.
  325         2. Any essential health benefit under 42 U.S.C. s. 18022(b)
  326  that the contract does not provide.
  327         3. The content of coverage.
  328         4. Any exclusion of preexisting conditions.
  329         (3) The disclosures must be printed in no less than 12
  330  point type and in a color that is easily readable. A copy of the
  331  signed disclosures must be maintained by the issuer for a period
  332  of 5 years after the date of purchase.
  333         (4) Disclosures provided by electronic means must meet the
  334  requirements of subsection (2).
  335         Section 8. Present subsection (4) of section 627.70132,
  336  Florida Statutes, is redesignated as subsection (5), and a new
  337  subsection (4) is added to that section, to read:
  338         627.70132 Notice of property insurance claim.—
  339         (4)(a)A notice of claim for loss assessment coverage under
  340  s. 627.714 may not occur later than 3 years after the date of
  341  loss and must be provided to the insurer the later of:
  342         1.Within 1 year after the date of loss; or
  343         2.Within 90 days after the date on which the condominium
  344  association or its governing board votes to levy an assessment
  345  resulting from a covered loss.
  346         (b)For purposes of this subsection, the date of loss is
  347  the date of the covered loss event that created the need for an
  348  assessment.
  349         Section 9. Paragraph (a) of subsection (4) of section
  350  791.01, Florida Statutes, is amended to read:
  351         791.01 Definitions.—As used in this chapter, the term:
  352         (4)(a) “Fireworks” means and includes any combustible or
  353  explosive composition or substance or combination of substances
  354  or, except as hereinafter provided, any article prepared for the
  355  purpose of producing a visible or audible effect by combustion,
  356  explosion, deflagration, or detonation. The term includes blank
  357  cartridges and toy cannons in which explosives are used, the
  358  type of balloons which require fire underneath to propel them,
  359  firecrackers, torpedoes, skyrockets, roman candles, dago bombs,
  360  and any fireworks containing any explosives or flammable
  361  compound or any tablets or other device containing any explosive
  362  substance.
  363  
  364  ================= T I T L E  A M E N D M E N T ================
  365  And the title is amended as follows:
  366         Delete lines 3 - 65
  367  and insert:
  368         212.134, F.S.; defining terms; revising requirements
  369         for payment settlement entities, or their electronic
  370         payment facilitators or contracted third parties, in
  371         submitting information returns to the Department of
  372         Revenue; specifying requirements for third party
  373         settlement organizations that conduct certain
  374         transactions; providing applicability; amending s.
  375         489.147, F.S.; defining the term “residential property
  376         owner”; authorizing a residential property owner to
  377         cancel a contract to replace or repair a roof without
  378         penalty or obligation under certain circumstances;
  379         defining the term “official start date”; requiring
  380         certain contractors to include certain language in
  381         contracts executed at a specified time; requiring the
  382         residential property owner to send a notice of
  383         cancellation in a certain manner; amending s.
  384         559.9611, F.S.; revising the definition of the term
  385         “depository institution”; amending s. 624.424, F.S.;
  386         providing requirements for certain insurers’
  387         accountants; amending s. 626.8796, F.S.; revising the
  388         content of certain public adjuster contracts; amending
  389         s. 627.43141, F.S.; specifying requirements, which
  390         apply as of a specified date, for certain notices
  391         regarding a change in policy terms; amending s.
  392         627.6426, F.S.; revising the disclosure requirements
  393         of contracts for short-term health insurance; amending
  394         s. 627.70132, F.S.; prohibiting a notice of claim for
  395         loss assessment coverage from occurring later than a
  396         specified date; requiring that such notice be provided
  397         to an insurer no later than a specified date; amending
  398         s. 791.01, F.S.; revising the definition of the term
  399         “fireworks”; amending s. 791.012, F.S.; updating the
  400         source