Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1248
       
       
       
       
       
       
                                Ì311958JÎ311958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2016           .                                
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       The Committee on Banking and Insurance (Margolis) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 25 - 70
    4  and insert:
    5  services for an insured under an insurance policy in this state
    6  may not adjust a claim on behalf of an insured unless licensed
    7  and compliant as a public adjuster under this chapter. However,
    8  the contractor or subcontractor may discuss or explain a bid for
    9  construction or repair of covered property with the residential
   10  property owner who has suffered loss or damage covered by a
   11  property insurance policy, or the insurer of such property, if
   12  the contractor or subcontractor is doing so for the usual and
   13  customary fees applicable to the work to be performed as stated
   14  in the contract between the contractor or subcontractor and the
   15  insured.
   16         Section 2. Section 627.716, Florida Statutes, is created to
   17  read:
   18         627.716 Prohibited practices related to repair, mitigation,
   19  and restoration services; penalties.—
   20         (1) A person or entity may not directly or indirectly
   21  offer, deliver, receive, or accept any compensation, inducement,
   22  or reward greater than $25 for the referral of any business for
   23  the repair, mitigation, or restoration of property for which
   24  property insurance proceeds are payable.
   25         (2) An entity or person, including a contractor licensed
   26  under part I of chapter 489 or a subcontractor to the
   27  contractor, that provides emergency remediation or restoration
   28  services for an insured under a property insurance policy in
   29  this state must:
   30         (a) Provide an insured with a scope of services and
   31  materials to be provided for repairs undertaken pursuant to a
   32  property insurance claim before the agreement authorizing such
   33  repairs is executed.
   34         (b) Notify the insured in writing that any assignment
   35  accepted by the person or entity is limited to the scope of the
   36  work indicated therein; that the insured may have other claims
   37  under their homeowner’s insurance policy that are not covered by
   38  this assignment; and that the insured may wish to contact a
   39  public adjuster or attorney to evaluate other claims and
   40  coverages. Nothing in this section prohibits the use of post
   41  loss, partial assignments in homeowner’s insurance claims.
   42         (3) The department may, in a proceeding initiated pursuant
   43  to chapter 120, seek a cease and desist order, and if a cease
   44  and desist order is violated, impose an administrative fine of
   45  not more than $10,000 per violation against any person found in
   46  the proceeding to have violated this section. Any cease and
   47  desist order or administrative fine levied by the department
   48  under this subsection may be enforced by the department by
   49  appropriate proceedings in the circuit court of the county in
   50  which the person resides. The department may recommend to the
   51  appropriate licensing agency or board that disciplinary action
   52  be taken against persons licensed by other agencies or boards.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete lines 3 - 12
   57  and insert:
   58         amending s. 626.854, F.S.; adding entities and persons
   59         that may not adjust a claim on behalf of an insured
   60         unless licensed and compliant as a public adjuster;
   61         revising an exception to include a subcontractor;
   62         creating s. 627.716, F.S.; prohibiting a person or
   63         entity from certain actions relating to the referral
   64         of certain business related to certain repair,
   65         mitigation, and restoration services; specifying
   66         requirements for an entity or person that provides
   67         certain emergency remediation or restoration services;
   68         authorizing the Department of Financial Services to
   69         seek a cease and desist order and administrative fines
   70         for certain violations; authorizing the department to
   71         enforce such penalties in a specified circuit court;
   72         authorizing the department to recommend disciplinary
   73         action to other licensing agencies or boards;
   74         providing an effective date.