Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 1492
       
       
       
       
       
       
                                Ì755792JÎ755792                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 473 - 488
    4  and insert:
    5         Section 18. Paragraph (a) of subsection (3) of section
    6  627.7011, Florida Statutes, is amended to read:
    7         627.7011 Homeowners’ policies; offer of replacement cost
    8  coverage and law and ordinance coverage.—
    9         (3) In the event of a loss for which a dwelling or personal
   10  property is insured on the basis of replacement costs:
   11         (a) For a dwelling, the insurer must initially pay at least
   12  the actual cash value of the insured loss, less any applicable
   13  deductible. The insurer shall pay any remaining amounts
   14  necessary to perform such repairs as work is performed and
   15  expenses are incurred. If a total loss of a dwelling occurs, the
   16  insurer shall pay the replacement cost coverage without
   17  reservation or holdback of any depreciation in value, pursuant
   18  to s. 627.702. An insurer that requires a policyholder to use a
   19  specific contractor selected by the insurer must ensure, and
   20  must document evidence within the claim file, that the insurer’s
   21  selected contractor has complied with part I of chapter 489,
   22  part IX of chapter 626, and any other applicable Florida statute
   23  when establishing the appropriate construction methodology,
   24  scope of repairs, and construction processes. If an insurer
   25  fails to ensure the contractor’s compliance in accordance with
   26  this paragraph, the office shall impose upon the insurer an
   27  administrative penalty of $5,000 for a first offense and an
   28  administrative penalty of up to $10,000 for each subsequent
   29  offense. If an insurer’s selected contractor violates part I of
   30  chapter 489 or part IX of chapter 626, the insured is relieved
   31  of his or her obligation to complete the repairs with the
   32  contractor and the insurer must pay the insured the remaining
   33  amounts necessary to complete the covered repairs.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete lines 61 - 65
   38  and insert:
   39         amending s. 627.7011, F.S.; requiring an insurer
   40         issuing homeowners’ insurance with certain coverage
   41         which requires a policyholder to use the insurer’s
   42         selected contractor to meet certain requirements
   43         relating to the contractor; requiring the office to
   44         impose specified penalties for violations; providing
   45         that a policyholder is relieved of a certain
   46         obligation and the insurer must pay certain amounts if
   47         the insurer’s selected contractor violates certain
   48         provisions; amending s. 627.70131, F.S.; providing