Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1248
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 58 - 88
    4  and insert:
    5  residential property insurance proceeds are payable.
    6         (2) An entity or person, including a contractor licensed
    7  under part I of chapter 489 or a subcontractor to the
    8  contractor, that provides emergency remediation or restoration
    9  services for an insured under a residential property insurance
   10  policy in this state must:
   11         (a) Provide an insured with a scope of services and
   12  materials to be provided for repairs undertaken pursuant to a
   13  residential property insurance claim before the agreement
   14  authorizing such repairs is executed. A supplement to the
   15  original scope of work does not violate this section.
   16         (b) Notify the insured in writing that any assignment
   17  accepted by the person or entity is limited to the scope of the
   18  work indicated therein and that the insured may have other
   19  claims under his or her residential property insurance policy
   20  which are not covered by this assignment. Nothing in this
   21  section prohibits the use of post-loss, partial assignments in
   22  residential property insurance claims.
   23         (3)The department may, in a proceeding initiated pursuant
   24  to chapter 120, seek a cease and desist order, and if a cease
   25  and desist order is violated, impose an administrative fine of
   26  not more than $10,000 per violation against any person found in
   27  the proceeding to have violated this section. Any cease and
   28  desist order or administrative fine levied by the department
   29  under this subsection may be enforced by the department by
   30  appropriate proceedings in the circuit court of the county in
   31  which the person resides. The department may recommend to the
   32  appropriate licensing agency or board that disciplinary action
   33  be taken against persons licensed by other agencies or boards.
   34         (4) This section solely applies to residential coverage as
   35  described in s. 627.4025(1).
   37  ================= T I T L E  A M E N D M E N T ================
   38  And the title is amended as follows:
   39         Delete line 13
   40  and insert:
   41         authorizing the Department of