Florida Senate - 2024                                    SB 1066
       
       
        
       By Senator Burton
       
       
       
       
       
       12-00863-24                                           20241066__
    1                        A bill to be entitled                      
    2         An act relating to consumer protection; amending s.
    3         68.087, F.S.; prohibiting certain civil actions under
    4         the Florida Disposition of Unclaimed Property Act;
    5         amending s. 215.971, F.S.; prohibiting state
    6         government agencies from entering into certain
    7         agreements with specified recipients and
    8         subrecipients; amending s. 287.058, F.S.; prohibiting
    9         state government agencies from entering into contracts
   10         and agreements with certain entities; amending s.
   11         319.261, F.S.; requiring the title to a mobile home to
   12         be retired if the owner of the real property records
   13         certain documents in the official records of the clerk
   14         of court in the county in which the real property is
   15         located; amending s. 489.147, F.S.; requiring
   16         contractors to include a notice in their contracts
   17         with residential property owners under certain
   18         circumstances; providing requirements for notices of
   19         contract cancellation; amending s. 559.9611, F.S.;
   20         revising the definition of the term “depository
   21         institution”; amending s. 624.424, F.S.; providing
   22         requirements for certain insurers’ accountants;
   23         amending s. 626.854, F.S.; revising applicability of
   24         provisions relating to public adjusters; amending s.
   25         626.8796, F.S.; revising the content of certain public
   26         adjuster contracts; amending s. 627.6426, F.S.;
   27         revising the disclosure requirements of contracts for
   28         short-term health insurance; amending s. 627.70132,
   29         F.S.; providing that claims resulting from certain
   30         loss assessments are considered to have occurred on a
   31         specified date; amending s. 627.711, F.S.; requiring
   32         insurers to provide a specified notice to commercial
   33         residential property insurance and commercial property
   34         insurance policyholders under certain circumstances;
   35         amending s. 791.012, F.S.; updating the source of the
   36         code for outdoor display of fireworks; creating s.
   37         817.153, F.S.; defining the terms “claim” and “other
   38         agreement”; prohibiting grant or contract fraud;
   39         providing criminal penalties; creating s. 817.4112,
   40         F.S.; prohibiting falsely representing that an
   41         advertisement or communication originated from a bank
   42         or lending institution; amending s. 817.45, F.S.;
   43         providing criminal penalties for violations of
   44         specified provisions; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Present subsections (3) through (6) of section
   49  68.087, Florida Statutes, are redesignated as subsections (4)
   50  through (7), respectively, and a new subsection (3) is added to
   51  that section, to read:
   52         68.087 Exemptions to civil actions.—
   53         (3)In no event may a person bring an action under s.
   54  68.083(2) based upon allegations or transactions arising from,
   55  or to otherwise enforce, the provisions of the Florida
   56  Disposition of Unclaimed Property Act under chapter 717.
   57         Section 2. Subsection (4) is added to section 215.971,
   58  Florida Statutes, to read:
   59         215.971 Agreements funded with federal or state
   60  assistance.—
   61         (4)An agency may not enter into an agreement under this
   62  chapter if the recipient or subrecipient fits any criteria
   63  provided in s. 287.058(8).
   64         Section 3. Subsection (8) is added to section 287.058,
   65  Florida Statutes, to read:
   66         287.058 Contract document.—
   67         (8)An agency may not enter into a contract or other
   68  agreement with an entity whose function is to advise the
   69  censorship or blacklisting of news sources based on subjective
   70  criteria or political biases under the stated goal of fact
   71  checking or removing misinformation.
   72         Section 4. Subsection (2) of section 319.261, Florida
   73  Statutes, is amended to read:
   74         319.261 Real property transactions; retiring title to
   75  mobile home.—
   76         (2) The title to the mobile home shall may be retired by
   77  the department if the owner of the real property records the
   78  following documents in the official records of the clerk of
   79  court in the county in which the real property is located:
   80         (a)1. The original title to the mobile home which includes
   81  shall include a description of the mobile home, including model
   82  year, make, width, length, and vehicle identification number,
   83  and a statement by any recorded lienholder on the title that the
   84  security interest in the home has been released, or that such
   85  security interest will be released upon retirement of the title
   86  as set forth in this section;.
   87         2.(b) The legal description of the real property, and in
   88  the case of a leasehold interest, a copy of the lease agreement;
   89  and.
   90         3.(c) A sworn statement by the owner of the real property,
   91  as shown on the real property deed or lease, that he or she is
   92  the owner of the mobile home and that the home is permanently
   93  affixed to the real property in accordance with state law; or
   94         (b)A mortgage against the owner’s mobile home and real
   95  property.
   96         Section 5. Subsection (6) is added to section 489.147,
   97  Florida Statutes, to read:
   98         489.147 Prohibited property insurance practices.—
   99         (6)(a)A contractor executing during a declaration of a
  100  state of emergency a contract to replace or repair a roof of a
  101  residential property must include in the contract the following
  102  language in bold type of not less than 18 points immediately
  103  before the space reserved for the signature of the residential
  104  property owner:
  105  
  106  “You, the residential property owner, may cancel this contract
  107  without penalty or obligation until 10 days following the
  108  execution of the contract or until the official start date,
  109  whichever comes first, because this contract was entered into
  110  during a declaration of a state of emergency by the Governor. It
  111  is the responsibility of your contractor to include an official
  112  start date clause in your contract. This clause must state the
  113  official start date and the work that will be commenced on that
  114  date. If there is no official start date clause in the contract,
  115  the contract may be voided within 10 days following the
  116  execution of the contract.”
  117         (b)The residential property owner must send the notice of
  118  cancellation by certified mail, return receipt requested, or
  119  other form of mailing that provides proof thereof, at the
  120  address specified in the contract.
  121         Section 6. Subsection (9) of section 559.9611, Florida
  122  Statutes, is amended to read:
  123         559.9611 Definitions.—As used in this part, the term:
  124         (9) “Depository institution” means a bank, credit union,
  125  savings bank, savings and loan association, savings or thrift
  126  association, trust company, or industrial loan company doing
  127  business under the authority of, or in accordance with, a
  128  license, certificate, or charter issued by the United States,
  129  this state, or any other state, district, territory, or
  130  commonwealth of the United States which is authorized to
  131  transact business in this state Florida state-chartered bank,
  132  savings bank, credit union, or trust company, or a federal
  133  savings or thrift association, bank, credit union, savings bank,
  134  or thrift.
  135         Section 7. Paragraph (d) of subsection (8) of section
  136  624.424, Florida Statutes, is amended to read:
  137         624.424 Annual statement and other information.—
  138         (8)
  139         (d) The certified public accountant that prepares the audit
  140  must be licensed to practice pursuant to chapter 473 and must
  141  have completed at least 4 hours of continuing education that is
  142  insurance related as a condition of license renewal. The
  143  continuing education must be approved by the Department of
  144  Business and Professional Regulation, based on the
  145  recommendations of the Department of Financial Services. An
  146  insurer may not use the same accountant or partner of an
  147  accounting firm responsible for preparing the report required by
  148  this subsection for more than 5 consecutive years. Following
  149  this period, the insurer may not use such accountant or partner
  150  for a period of 5 years, but may use another accountant or
  151  partner of the same firm. An insurer may request the office to
  152  waive this prohibition based upon an unusual hardship to the
  153  insurer and a determination that the accountant is exercising
  154  independent judgment that is not unduly influenced by the
  155  insurer considering such factors as the number of partners,
  156  expertise of the partners or the number of insurance clients of
  157  the accounting firm; the premium volume of the insurer; and the
  158  number of jurisdictions in which the insurer transacts business.
  159         Section 8. Subsection (19) of section 626.854, Florida
  160  Statutes, is amended, and subsections (5) through (18) are
  161  republished, to read:
  162         626.854 “Public adjuster” defined; prohibitions.—The
  163  Legislature finds that it is necessary for the protection of the
  164  public to regulate public insurance adjusters and to prevent the
  165  unauthorized practice of law.
  166         (5) A public adjuster may not directly or indirectly
  167  through any other person or entity solicit an insured or
  168  claimant by any means except on Monday through Saturday of each
  169  week and only between the hours of 8 a.m. and 8 p.m. on those
  170  days.
  171         (6) When entering a contract for adjuster services after
  172  July 1, 2023, a public adjuster:
  173         (a) May not collect a fee for services on payments made to
  174  a named insured unless they have a written contract with the
  175  named insured, or the named insured’s legal representative.
  176         (b) May not contract for services to be provided by a third
  177  party on behalf of the named insured or in pursuit of settlement
  178  of the named insured’s claim, if the cost of those services is
  179  to be borne by the named insured, unless the named insured
  180  agrees in writing to procure these services and such agreement
  181  is entered into subsequent to the date of the contract for
  182  public adjusting services.
  183         (c) If a public adjuster contracts with a third-party
  184  service provider to assist with the settlement of the named
  185  insured’s claim, without first obtaining the insured’s written
  186  consent, payment of the third party’s fees must be made by the
  187  public adjuster and may not be charged back to the named
  188  insured.
  189         (d) If a public adjuster represents anyone other than the
  190  named insured in a claim, the public adjuster fees shall be paid
  191  by the third party and may not be charged back to the named
  192  insured.
  193         (7) An insured or claimant may cancel a public adjuster’s
  194  contract to adjust a claim without penalty or obligation within
  195  10 days after the date on which the contract is executed. If the
  196  contract was entered into based on events that are the subject
  197  of a declaration of a state of emergency by the Governor, an
  198  insured or claimant may cancel the public adjuster’s contract to
  199  adjust a claim without penalty or obligation within 30 days
  200  after the date of loss or 10 days after the date on which the
  201  contract is executed, whichever is longer. The public adjuster’s
  202  contract must contain the following language in minimum 18-point
  203  bold type immediately before the space reserved in the contract
  204  for the signature of the insured or claimant:
  205  “You, the insured, may cancel this contract for any reason
  206  without penalty or obligation to you within 10 days after the
  207  date of this contract. If this contract was entered into based
  208  on events that are the subject of a declaration of a state of
  209  emergency by the Governor, you may cancel this contract for any
  210  reason without penalty or obligation to you within 30 days after
  211  the date of loss or 10 days after the date on which the contract
  212  is executed, whichever is longer. You may also cancel the
  213  contract without penalty or obligation to you if I, as your
  214  public adjuster, fail to provide you and your insurer a copy of
  215  a written estimate within 60 days of the execution of the
  216  contract, unless the failure to provide the estimate within 60
  217  days is caused by factors beyond my control, in accordance with
  218  s. 627.70131(5)(a)2., Florida Statutes. The 60-day cancellation
  219  period for failure to provide a written estimate shall cease on
  220  the date I have provided you with the written estimate.”
  221  The notice of cancellation shall be provided to ...(name of
  222  public adjuster)..., submitted in writing and sent by certified
  223  mail, return receipt requested, or other form of mailing that
  224  provides proof thereof, at the address specified in the
  225  contract.
  226         (8) It is an unfair and deceptive insurance trade practice
  227  pursuant to s. 626.9541 for a public adjuster or any other
  228  person to circulate or disseminate any advertisement,
  229  announcement, or statement containing any assertion,
  230  representation, or statement with respect to the business of
  231  insurance which is untrue, deceptive, or misleading.
  232         (a) The following statements, made in any public adjuster’s
  233  advertisement or solicitation, are considered deceptive or
  234  misleading:
  235         1. A statement or representation that invites an insured
  236  policyholder to submit a claim when the policyholder does not
  237  have covered damage to insured property.
  238         2. A statement or representation that invites an insured
  239  policyholder to submit a claim by offering monetary or other
  240  valuable inducement.
  241         3. A statement or representation that invites an insured
  242  policyholder to submit a claim by stating that there is “no
  243  risk” to the policyholder by submitting such claim.
  244         4. A statement or representation, or use of a logo or
  245  shield, that implies or could mistakenly be construed to imply
  246  that the solicitation was issued or distributed by a
  247  governmental agency or is sanctioned or endorsed by a
  248  governmental agency.
  249         (b) For purposes of this paragraph, the term “written
  250  advertisement” includes only newspapers, magazines, flyers, and
  251  bulk mailers. The following disclaimer, which is not required to
  252  be printed on standard size business cards, must be added in
  253  bold print and capital letters in typeface no smaller than the
  254  typeface of the body of the text to all written advertisements
  255  by a public adjuster:
  256  “THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM
  257  FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED
  258  WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS
  259  ADVERTISEMENT.”
  260         (9) A public adjuster, a public adjuster apprentice, or any
  261  person or entity acting on behalf of a public adjuster or public
  262  adjuster apprentice may not give or offer to give a monetary
  263  loan or advance to a client or prospective client.
  264         (10) A public adjuster, public adjuster apprentice, or any
  265  individual or entity acting on behalf of a public adjuster or
  266  public adjuster apprentice may not give or offer to give,
  267  directly or indirectly, any article of merchandise having a
  268  value in excess of $25 to any individual for the purpose of
  269  advertising or as an inducement to entering into a contract with
  270  a public adjuster.
  271         (11)(a) If a public adjuster enters into a contract with an
  272  insured or claimant to reopen a claim or file a supplemental
  273  claim that seeks additional payments for a claim that has been
  274  previously paid in part or in full or settled by the insurer,
  275  the public adjuster may not charge, agree to, or accept from any
  276  source compensation, payment, commission, fee, or any other
  277  thing of value based on a previous settlement or previous claim
  278  payments by the insurer for the same cause of loss. The charge,
  279  compensation, payment, commission, fee, or any other thing of
  280  value must be based only on the claim payments or settlements
  281  paid to the insured, exclusive of attorney fees and costs,
  282  obtained through the work of the public adjuster after entering
  283  into the contract with the insured or claimant. Compensation for
  284  the reopened or supplemental claim may not exceed 20 percent of
  285  the reopened or supplemental claim payment. In no event shall
  286  the contracts described in this paragraph exceed the limitations
  287  in paragraph (b).
  288         (b) A public adjuster may not charge, agree to, or accept
  289  from any source compensation, payment, commission, fee, or any
  290  other thing of value in excess of:
  291         1. Ten percent of the amount of insurance claim payments or
  292  settlements, exclusive of attorney fees and costs, paid to the
  293  insured by the insurer for claims based on events that are the
  294  subject of a declaration of a state of emergency by the
  295  Governor. This provision applies to claims made during the year
  296  after the declaration of emergency. After that year, the
  297  limitations in subparagraph 2. apply.
  298         2. Twenty percent of the amount of insurance claim payments
  299  or settlements, exclusive of attorney fees and costs, paid to
  300  the insured by the insurer for claims that are not based on
  301  events that are the subject of a declaration of a state of
  302  emergency by the Governor.
  303         3. One percent of the amount of insurance claim payments or
  304  settlements, paid to the insured by the insurer for any coverage
  305  part of the policy where the claim payment or written agreement
  306  by the insurer to pay is equal to or greater than the policy
  307  limit for that part of the policy, if the payment or written
  308  commitment to pay is provided within 14 days after the date of
  309  loss or within 10 days after the date on which the public
  310  adjusting contract is executed, whichever is later.
  311         4. Zero percent of the amount of insurance claim payments
  312  or settlements, paid to the insured by the insurer for any
  313  coverage part of the policy where the claim payment or written
  314  agreement by the insurer to pay occurs before the date on which
  315  the public adjusting contract is executed.
  316         (c) Insurance claim payments made by the insurer do not
  317  include policy deductibles, and public adjuster compensation may
  318  not be based on the deductible portion of a claim.
  319         (d) Public adjuster compensation may not be based on
  320  amounts attributable to additional living expenses, unless such
  321  compensation is affirmatively agreed to in a separate agreement
  322  that includes a disclosure in substantially the following form:
  323  “I agree to retain and compensate the public adjuster for
  324  adjusting my additional living expenses and securing payment
  325  from my insurer for amounts attributable to additional living
  326  expenses payable under the policy issued on my (home/mobile
  327  home/condominium unit).”
  328         (e) Public adjuster rate of compensation may not be
  329  increased based solely on the fact that the claim is litigated.
  330         (f) Any maneuver, shift, or device through which the limits
  331  on compensation set forth in this subsection are exceeded is a
  332  violation of this chapter punishable as provided under s.
  333  626.8698.
  334         (12)(a) Each public adjuster must provide to the claimant
  335  or insured a written estimate of the loss to assist in the
  336  submission of a proof of loss or any other claim for payment of
  337  insurance proceeds within 60 days after the date of the
  338  contract. The written estimate must include an itemized, per
  339  unit estimate of the repairs, including itemized information on
  340  equipment, materials, labor, and supplies, in accordance with
  341  accepted industry standards. The public adjuster shall retain
  342  such written estimate for at least 5 years and shall make the
  343  estimate available to the claimant or insured, the insurer, and
  344  the department upon request.
  345         (b) An insured may cancel the contract with no additional
  346  penalties or fees charged by the public adjuster if such an
  347  estimate is not provided within 60 days after executing the
  348  contract, subject to the cancellation notice requirement in this
  349  section, unless the failure to provide the estimate within 60
  350  days is caused by factors beyond the control of the public
  351  adjuster. The cancellation period shall cease on the date the
  352  public adjuster provides the written estimate to the insured.
  353         (13) A public adjuster, public adjuster apprentice, or any
  354  person acting on behalf of a public adjuster or apprentice may
  355  not accept referrals of business from any person with whom the
  356  public adjuster conducts business if there is any form or manner
  357  of agreement to compensate the person, directly or indirectly,
  358  for referring business to the public adjuster. A public adjuster
  359  may not compensate any person, except for another public
  360  adjuster, directly or indirectly, for the principal purpose of
  361  referring business to the public adjuster.
  362         (14) A company employee adjuster, independent adjuster,
  363  attorney, investigator, or other persons acting on behalf of an
  364  insurer that needs access to an insured or claimant or to the
  365  insured property that is the subject of a claim must provide at
  366  least 48 hours’ notice to the insured or claimant, public
  367  adjuster, or legal representative before scheduling a meeting
  368  with the claimant or an onsite inspection of the insured
  369  property. The insured or claimant may deny access to the
  370  property if the notice has not been provided. The insured or
  371  claimant may waive the 48-hour notice.
  372         (15) The public adjuster must ensure that prompt notice is
  373  given of the claim to the insurer, the public adjuster’s
  374  contract is provided to the insurer, the property is available
  375  for inspection of the loss or damage by the insurer, and the
  376  insurer is given an opportunity to interview the insured
  377  directly about the loss and claim. The insurer must be allowed
  378  to obtain necessary information to investigate and respond to
  379  the claim.
  380         (a) The insurer may not exclude the public adjuster from
  381  its in-person meetings with the insured. The insurer shall meet
  382  or communicate with the public adjuster in an effort to reach
  383  agreement as to the scope of the covered loss under the
  384  insurance policy. The public adjuster shall meet or communicate
  385  with the insurer in an effort to reach agreement as to the scope
  386  of the covered loss under the insurance policy. This section
  387  does not impair the terms and conditions of the insurance policy
  388  in effect at the time the claim is filed.
  389         (b) A public adjuster may not restrict or prevent an
  390  insurer, company employee adjuster, independent adjuster,
  391  attorney, investigator, or other person acting on behalf of the
  392  insurer from having reasonable access at reasonable times to any
  393  insured or claimant or to the insured property that is the
  394  subject of a claim.
  395         (c) A public adjuster may not act or fail to reasonably act
  396  in any manner that obstructs or prevents an insurer or insurer’s
  397  adjuster from timely conducting an inspection of any part of the
  398  insured property for which there is a claim for loss or damage.
  399  The public adjuster representing the insureds may be present for
  400  the insurer’s inspection, but if the unavailability of the
  401  public adjuster otherwise delays the insurer’s timely inspection
  402  of the property, the public adjuster or the insureds must allow
  403  the insurer to have access to the property without the
  404  participation or presence of the public adjuster or insureds in
  405  order to facilitate the insurer’s prompt inspection of the loss
  406  or damage.
  407         (16) A licensed contractor under part I of chapter 489, or
  408  a subcontractor of such licensee, may not advertise, solicit,
  409  offer to handle, handle, or perform public adjuster services as
  410  provided in subsection (1) unless licensed and compliant as a
  411  public adjuster under this chapter. The prohibition against
  412  solicitation does not preclude a contractor from suggesting or
  413  otherwise recommending to a consumer that the consumer consider
  414  contacting his or her insurer to determine if the proposed
  415  repair is covered under the consumer’s insurance policy, except
  416  as it relates to solicitation prohibited in s. 489.147. In
  417  addition, the contractor may discuss or explain a bid for
  418  construction or repair of covered property with the residential
  419  property owner who has suffered loss or damage covered by a
  420  property insurance policy, or the insurer of such property, if
  421  the contractor is doing so for the usual and customary fees
  422  applicable to the work to be performed as stated in the contract
  423  between the contractor and the insured.
  424         (17) A public adjuster shall not acquire any interest in
  425  salvaged property, except with the written consent and
  426  permission of the insured through a signed affidavit.
  427         (18) A public adjuster, a public adjuster apprentice, or a
  428  person acting on behalf of an adjuster or apprentice may not
  429  enter into a contract or accept a power of attorney that vests
  430  in the public adjuster, the public adjuster apprentice, or the
  431  person acting on behalf of the adjuster or apprentice the
  432  effective authority to choose the persons or entities that will
  433  perform repair work in a property insurance claim or provide
  434  goods or services that will require the insured or third-party
  435  claimant to expend funds in excess of those payable to the
  436  public adjuster under the terms of the contract for adjusting
  437  services.
  438         (19) Subsections (5)-(18) apply only to residential
  439  property insurance policies and condominium unit owner policies
  440  as described in s. 718.111(11), except that subsection (11) also
  441  applies to coverages provided by condominium association,
  442  cooperative association, apartment building, and similar
  443  policies, including policies covering the common elements of a
  444  homeowners’ association.
  445         Section 9. Subsection (2) of section 626.8796, Florida
  446  Statutes, is amended to read:
  447         626.8796 Public adjuster contracts; disclosure statement;
  448  fraud statement.—
  449         (2) A public adjuster contract relating to a property and
  450  casualty claim must contain the full name, permanent business
  451  address, phone number, e-mail address, and license number of the
  452  public adjuster; the full name and license number of the public
  453  adjusting firm; and the insured’s full name, street address,
  454  phone number, and e-mail address, together with a brief
  455  description of the loss. The contract must state the percentage
  456  of compensation for the public adjuster’s services in minimum
  457  18-point bold type before the space reserved in the contract for
  458  the signature of the insured; the type of claim, including an
  459  emergency claim, nonemergency claim, or supplemental claim; the
  460  initials of the named insured on each page that does not contain
  461  the insured’s signature; the signatures of the public adjuster
  462  and all named insureds; and the signature date. If all of the
  463  named insureds’ signatures are not available, the public
  464  adjuster must submit an affidavit signed by the available named
  465  insureds attesting that they have authority to enter into the
  466  contract and settle all claim issues on behalf of the named
  467  insureds. An unaltered copy of the executed contract must be
  468  remitted to the insured at the time of execution and to the
  469  insurer, or the insurer’s representative within 7 days after
  470  execution. A public adjusting firm that adjusts claims primarily
  471  for commercial entities with operations in more than one state
  472  and that does not directly or indirectly perform adjusting
  473  services for insurers or individual homeowners is deemed to
  474  comply with the requirements of this subsection if, at the time
  475  a proof of loss is submitted, the public adjusting firm remits
  476  to the insurer an affidavit signed by the public adjuster or
  477  public adjuster apprentice that identifies:
  478         (a) The full name, permanent business address, phone
  479  number, e-mail address, and license number of the public
  480  adjuster or public adjuster apprentice.
  481         (b) The full name of the public adjusting firm.
  482         (c) The insured’s full name, street address, phone number,
  483  and e-mail address, together with a brief description of the
  484  loss.
  485         (d) An attestation that the compensation for public
  486  adjusting services will not exceed the limitations provided by
  487  law.
  488         (e) The type of claim, including an emergency claim,
  489  nonemergency claim, or supplemental claim.
  490         Section 10. Section 627.6426, Florida Statutes, is amended
  491  to read:
  492         627.6426 Short-term health insurance.—
  493         (1) For purposes of this part, the term “short-term health
  494  insurance” means health insurance coverage provided by an issuer
  495  with an expiration date specified in the contract that is less
  496  than 12 months after the original effective date of the contract
  497  and, taking into account renewals or extensions, has a duration
  498  not to exceed 36 months in total.
  499         (2) All contracts for short-term health insurance entered
  500  into by an issuer and an individual seeking coverage shall
  501  include the following written disclosures signed by the
  502  purchaser at the time of purchase disclosure:
  503         (a) The following statement:
  504  
  505  “This coverage is not required to comply with certain federal
  506  market requirements for health insurance, principally those
  507  contained in the Patient Protection and Affordable Care Act. Be
  508  sure to check your policy carefully to make sure you are aware
  509  of any exclusions or limitations regarding coverage of
  510  preexisting conditions or health benefits (such as
  511  hospitalization, emergency services, maternity care, preventive
  512  care, prescription drugs, and mental health and substance use
  513  disorder services). Your policy might also have lifetime and/or
  514  annual dollar limits on health benefits. If this coverage
  515  expires or you lose eligibility for this coverage, you might
  516  have to wait until an open enrollment period to get other health
  517  insurance coverage.”
  518  
  519         (b) The following information:
  520         1. The duration of the contract, including any waiting
  521  period.
  522         2. Any essential health benefit under 42 U.S.C. s. 18022(b)
  523  that the contract does not provide.
  524         3. The content of coverage.
  525         4. Any exclusion of preexisting conditions.
  526         (3) These disclosures must be printed in no less than 12
  527  point type and in a color that is readable. A copy of the signed
  528  disclosures must be maintained by the issuer for a period of 5
  529  years after the date of purchase.
  530         (4) Disclosures provided by electronic means must meet the
  531  requirements of subsection (2).
  532         Section 11. Present subsection (4) of section 627.70132,
  533  Florida Statutes, is redesignated as subsection (5), and a new
  534  subsection (4) is added to that section, to read:
  535         627.70132 Notice of property insurance claim.—
  536         (4) A claim resulting from loss assessment as described in
  537  s. 627.714 is considered to have occurred on the date of the
  538  notice of loss assessment sent by a unit owner’s condominium
  539  association.
  540         Section 12. Subsection (1) of section 627.711, Florida
  541  Statutes, is amended to read:
  542         627.711 Notice of premium discounts for hurricane loss
  543  mitigation; uniform mitigation verification inspection form.—
  544         (1) Using a form prescribed by the Office of Insurance
  545  Regulation, the insurer shall clearly notify the applicant or
  546  policyholder of any personal lines residential property
  547  insurance policy, commercial residential property insurance
  548  policy, or commercial property insurance policy at the time of
  549  the issuance of the policy and at each renewal, of the
  550  availability and the range of each premium discount, credit,
  551  other rate differential, or reduction in deductibles, and
  552  combinations of discounts, credits, rate differentials, or
  553  reductions in deductibles, for properties on which fixtures or
  554  construction techniques demonstrated to reduce the amount of
  555  loss in a windstorm can be or have been installed or
  556  implemented. The prescribed form shall describe generally what
  557  actions the policyholders may be able to take to reduce their
  558  windstorm premium. The prescribed form and a list of such ranges
  559  approved by the office for each insurer licensed in the state
  560  and providing such discounts, credits, other rate differentials,
  561  or reductions in deductibles for properties described in this
  562  subsection shall be available for electronic viewing and
  563  download from the Department of Financial Services’ or the
  564  Office of Insurance Regulation’s Internet website. The Financial
  565  Services Commission may adopt rules to implement this
  566  subsection.
  567         Section 13. Section 791.012, Florida Statutes, is amended
  568  to read:
  569         791.012 Minimum fireworks safety standards.—The outdoor
  570  display of fireworks in this state shall be governed by the
  571  National Fire Protection Association (NFPA) 1123, Code for
  572  Fireworks Display, 2018 1995 Edition, approved by the American
  573  National Standards Institute. Any state, county, or municipal
  574  law, rule, or ordinance may provide for more stringent
  575  regulations for the outdoor display of fireworks, but in no
  576  event may any such law, rule, or ordinance provide for less
  577  stringent regulations for the outdoor display of fireworks. The
  578  division shall promulgate rules to carry out the provisions of
  579  this section. The Code for Fireworks Display shall not govern
  580  the display of any fireworks on private, residential property
  581  and shall not govern the display of those items included under
  582  s. 791.01(4)(b) and (c) and authorized for sale thereunder.
  583         Section 14. Section 817.153, Florida Statutes, is created
  584  to read:
  585         817.153 Grant and contract fraud.—
  586         (1) As used in this section, the term:
  587         (a) “Claim” means an application, request, or demand for
  588  money or property under a state grant agreement, state contract,
  589  or other agreement with the state for money or property, whether
  590  or not the United States or a specified state agency has title
  591  to the money or property, presented or caused to be presented to
  592  any officer, employee, or agent of a state agency, as well as
  593  any request for a drawdown or other payment that is made to a
  594  computerized payment administration system.
  595         (b) “Other agreement” includes a loan, subsidy, and payment
  596  for a specified use; an award; and subaward, regardless of
  597  whether one or more persons entering into the agreement is a
  598  contractor or subcontractor.
  599         (2) A person commits grant or contract fraud if he or she:
  600         (a) Knowingly presents or causes to be presented a claim
  601  related to a grant agreement, contract, or other agreement with
  602  the state, or any agency thereof, that a person knows or should
  603  know is false or fraudulent.
  604         (b) Knowingly makes, uses, or causes to be made or used any
  605  false statement, omission, or misrepresentation of a material
  606  fact in any application, proposal, bid, progress report, budget,
  607  financial statement, audit, or other document that is required
  608  to be submitted in order to directly or indirectly receive or
  609  retain funds provided in whole or in part pursuant to a state
  610  grant agreement, state contract, or other agreement with the
  611  state.
  612         (c) Knowingly makes, uses, or causes to be made or used
  613  false records or statements material to false or fraudulent
  614  claims under a grant agreement, state contract, or other
  615  agreement with the state.
  616         (d) Knowingly conceals, avoids, or decreases an obligation
  617  to pay or transmit funds or property with respect to a state
  618  grant agreement, state contract, or other agreement with the
  619  state, or knowingly makes, uses, or causes to be made or used a
  620  false record or statement material to such an obligation.
  621  
  622  Proof of specific intent to defraud is not required. Innocent
  623  mistake is a defense to an action under this section.
  624         (3) If the value of the property involved in a violation of
  625  this section is:
  626         (a) Less than $20,000, the offender commits a felony of the
  627  third degree, punishable as provided in s. 775.082, s. 775.083,
  628  or s. 775.084.
  629         (b) At least $20,000, but less than $100,000, the offender
  630  commits a felony of the second degree, punishable as provided in
  631  s. 775.082, s. 775.083, or s. 775.084.
  632         (c) At least $100,000, the offender commits a felony of the
  633  first degree, punishable as provided in s. 775.082, s. 775.083,
  634  or s. 775.084.
  635         (4) This section applies to all grant agreements, state
  636  contracts, or other agreements with the state, regardless of
  637  whether the funds being provided pursuant to those grant
  638  agreements, state contracts, or other agreements with the state
  639  are state funds or federal pass-through funds.
  640         Section 15. Section 817.4112, Florida Statutes, is created
  641  to read:
  642         817.4112 Falsely representing origin of advertisement or
  643  communication.—A person or business entity may not knowingly
  644  make statements, or disseminate, in oral, written, electronic,
  645  or printed form or otherwise, any advertisement or communication
  646  that has the intent or purpose of falsely representing that such
  647  advertisement or communication originated from a bank or lending
  648  institution.
  649         Section 16. Section 817.45, Florida Statutes, is amended to
  650  read:
  651         817.45 Penalty.—Any person convicted of violating any of
  652  the provisions of s. 817.41, s. 817.411, s. 817.4112, or s.
  653  817.44 is guilty of a misdemeanor of the first degree,
  654  punishable as provided in s. 775.082 or s. 775.083. Upon a
  655  second or subsequent conviction for violation of s. 817.41, s.
  656  817.411, s. 817.4112, or s. 817.44, such person is guilty of a
  657  misdemeanor of the first degree, punishable as provided in s.
  658  775.082 or by a fine not exceeding $10,000, or by both.
  659         Section 17. This act shall take effect July 1, 2024.