Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 1492
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Thurston moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 287 - 323
    4  and insert:
    5  language in minimum 16-point bold type: “You, the insured, may
    6  cancel this contract for any reason without penalty or
    7  obligation to you within 14 days after the date of this contract
    8  by providing notice to ...(name of public adjuster)...,
    9  submitted in writing and sent by certified mail, return receipt
   10  requested, or other form of mailing that provides proof thereof,
   11  at the address specified in the contract. In addition, if
   12  ...(name of public adjuster)... fails to provide you with a
   13  written estimate (which must include an itemized, per-unit
   14  estimate of the repairs, including itemized information on
   15  equipment, materials, labor, and supplies, in accordance with
   16  accepted industry standards) within 45 days after the date of
   17  this contract, you, the insured, may cancel this contract with
   18  ...(name of public adjuster)... without penalty or obligation by
   19  providing notice as set forth above. This right to cancel the
   20  contract without penalty or obligation shall continue until such
   21  time as ...(name of public adjuster)... submits the required
   22  estimate to you.”; provided, during any state of emergency as
   23  declared by the Governor and for 1 year after the date of loss,
   24  the insured or claimant has 5 business days after the date on
   25  which the contract is executed to cancel a public adjuster’s
   26  contract.
   27         (11) Each public adjuster must provide to the claimant or
   28  insured a written estimate of the loss to assist in the
   29  submission of a proof of loss or any other claim for payment of
   30  insurance proceeds. The written estimate must include an
   31  itemized, per-unit estimate of the repairs, including itemized
   32  information on equipment, materials, labor, and supplies, in
   33  accordance with accepted industry standards. The public adjuster
   34  shall retain such written estimate for at least 5 years and
   35  shall make the estimate available to the claimant or insured,
   36  the insurer, and the department upon request. Failure to provide
   37  the required estimate within 45 calendar days after the date on
   38  which the contract is executed shall restore the insured’s right
   39  to cancel the public adjuster’s contract without penalty or
   40  obligation. The insured retains such right until such time as
   41  the public adjuster submits the required estimate. In the event
   42  that a subsequent state of emergency is declared by the Governor
   43  in the same county the property that is the subject of the
   44  public adjuster’s contract is located, and that subsequent state
   45  of emergency is declared less than 45 days after the date of the
   46  original contract, the Chief Financial Officer shall have the
   47  authority to declare that the 45-day cancellation period will
   48  reset to begin on the date the subsequent state of emergency is
   49  declared by the Governor.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Between lines 44 and 45
   54  insert:
   55         authorizing the Chief Financial Officer to declare a
   56         reset of a certain cancellation period under certain
   57         circumstances;