Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1248
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Diaz de la Portilla moved the following:
       
    1         Senate Substitute for Amendment (902384) (with title
    2  amendment)
    3  
    4         Delete lines 58 - 88
    5  and insert:
    6  residential property insurance proceeds are payable.
    7         (2) An entity or person, including a contractor licensed
    8  under part I of chapter 489 or a subcontractor to the
    9  contractor, that provides emergency remediation or restoration
   10  services for an insured under a residential property insurance
   11  policy in this state must:
   12         (a) Provide an insured with a scope of services and
   13  materials to be provided for repairs undertaken pursuant to a
   14  residential property insurance claim before the agreement
   15  authorizing such repairs is executed. A supplement to the
   16  original scope of work does not violate this section.
   17         (b) Notify the insured in writing that any assignment
   18  accepted by the person or entity is limited to the scope of the
   19  work indicated therein and that the insured may have other
   20  claims under his or her residential property insurance policy
   21  which are not covered by this assignment. Nothing in this
   22  section prohibits the use of post-loss, partial assignments in
   23  residential property insurance claims.
   24         (c) Notify the insurer of an assignment of benefits within
   25  3 days after receiving the assignment from the insured.
   26         (3) The department may, in a proceeding initiated pursuant
   27  to chapter 120, seek a cease and desist order, and if a cease
   28  and desist order is violated, impose an administrative fine of
   29  not more than $10,000 per violation against any person found in
   30  the proceeding to have violated this section. Any cease and
   31  desist order or administrative fine levied by the department
   32  under this subsection may be enforced by the department by
   33  appropriate proceedings in the circuit court of the county in
   34  which the person resides. The department may recommend to the
   35  appropriate licensing agency or board that disciplinary action
   36  be taken against persons licensed by other agencies or boards.
   37         (4) This section solely applies to residential coverage as
   38  described in s. 627.4025(1).
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete line 13
   43  and insert:
   44         authorizing the Department of