Florida Senate - 2017                                    SB 1412
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-00999-17                                            20171412__
    1                        A bill to be entitled                      
    2         An act relating to prohibited property insurance
    3         practices; creating s. 455.2278, F.S.; providing
    4         grounds for the discipline of licensees of various
    5         professions and occupations regulated by the
    6         Department of Business and Professional Regulation for
    7         certain referrals involving property insurance
    8         proceeds, for interpreting or advising on coverage or
    9         duties under a property insurance policy or adjusting
   10         a property insurance claim under certain
   11         circumstances, or for failing to provide a good faith
   12         estimate of the cost of services and materials for
   13         repairs subject to certain requirements; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 455.2278, Florida Statutes, is created
   19  to read:
   20         455.2278 Prohibited property insurance practices.—A
   21  licensee commits a violation for which disciplinary action may
   22  be taken pursuant to s. 455.227(2) if the licensee:
   23         (1) Directly or indirectly offers, delivers, receives, or
   24  accepts any compensation, inducement, or reward for the referral
   25  of any business for which property insurance proceeds are
   26  payable;
   27         (2) Interprets policy provisions or advises an insured
   28  regarding coverages or duties under the insured’s property
   29  insurance policy or adjusts a property insurance claim on behalf
   30  of the insured, unless the licensee holds an unencumbered
   31  license as a public adjuster pursuant to part VI of chapter 626.
   32  However, the licensee may discuss or explain a bid for
   33  construction or repair of covered property with the residential
   34  property owner who has suffered loss or damage covered by a
   35  property insurance policy, or with the insurer of such property,
   36  if the licensee is doing so for the usual and customary fees
   37  applicable to the work to be performed as stated in the contract
   38  between the licensee and the insured; or
   39         (3) Fails to provide an insured with a good faith estimate,
   40  which is detailed and itemized, of the cost of services and
   41  materials to be provided for repairs undertaken pursuant to a
   42  property insurance claim before the agreement authorizing such
   43  repairs is executed. A licensee does not commit a violation of
   44  this subsection if, as a result of the process of adjusting the
   45  claim with the insurer, the actual cost of repairs differs from
   46  the initial estimate.
   47         Section 2. This act shall take effect July 1, 2017.