Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1248
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/16/2016           .                                

       The Committee on Banking and Insurance (Margolis) recommended
       the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 56 - 70
    4  and insert:
    5         Section 2. Section 627.716, Florida Statutes, is created to
    6  read:
    7         627.716 Prohibited practices related to repair, mitigation,
    8  and restoration services; penalties.—
    9         (1) A person or entity may not directly or indirectly
   10  offer, deliver, receive, or accept any compensation, inducement,
   11  or reward greater than $25 for the referral of any business for
   12  the repair, mitigation, or restoration of property for which
   13  property insurance proceeds are payable.
   14         (2) An entity or person, including a contractor licensed
   15  under part I of chapter 489 or a subcontractor to the
   16  contractor, that provides emergency remediation or restoration
   17  services for an insured under a property insurance policy in
   18  this state must:
   19         (a) Provide an insured with a scope of services and
   20  materials to be provided for repairs undertaken pursuant to a
   21  property insurance claim before the agreement authorizing such
   22  repairs is executed.
   23         (b) Notify the insured in writing that any assignment
   24  accepted by the person or entity is limited to the scope of the
   25  work indicated therein; that the insured may have other claims
   26  under their homeowner’s insurance policy that are not covered by
   27  this assignment; and that the insured may wish to contact a
   28  public adjuster or attorney to evaluate other claims and
   29  coverages. Nothing in this section prohibits the use of post
   30  loss, partial assignments in homeowner’s insurance claims.
   31         (3)The department may, in a proceeding initiated pursuant
   32  to chapter 120, seek a cease and desist order, and if a cease
   33  and desist order is violated, impose an administrative fine of
   34  not more than $10,000 per violation against any person found in
   35  the proceeding to have violated this section. Any cease and
   36  desist order or administrative fine levied by the department
   37  under this subsection may be enforced by the department by
   38  appropriate proceedings in the circuit court of the county in
   39  which the person resides. The department may recommend to the
   40  appropriate licensing agency or board that disciplinary action
   41  be taken against persons licensed by other agencies or boards.
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete lines 6 - 12
   46  and insert:
   47         627.716, F.S.; prohibiting a person or entity from
   48         certain actions relating to the referral of certain
   49         business related to certain repair, mitigation, and
   50         restoration services; specifying requirements for an
   51         entity or person that provides certain emergency
   52         remediation or restoration services; authorizing the
   53         Department of Financial Services to seek a cease and
   54         desist order and administrative fines for certain
   55         violations; authorizing the department to enforce such
   56         penalties in a specified circuit court; authorizing
   57         the department to recommend disciplinary action to
   58         other licensing agencies or boards; providing an
   59         effective date.