Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 76 Ì165470$Î165470 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment (with title amendment) 2 3 Before line 98 4 insert: 5 Section 1. Section 489.147, Florida Statutes, is created to 6 read: 7 489.147 Prohibited property insurance practices.— 8 (1) As used in this section, the term: 9 (a) “Prohibited advertisement” means any written or 10 electronic communication that encourages, instructs, or induces 11 a consumer to contact a contractor for the purpose of making an 12 insurance claim. The term includes, but is not limited to, door 13 hangers, business cards, magnets, flyers, pamphlets, and e 14 mails. 15 (b) “Soliciting” means contacting: 16 1. In person; 17 2. By electronic means, including e-mail, telephone, and 18 real-time communication directed to a specific person; or 19 3. By delivery to a specific person. 20 (2) A contractor as defined in s. 489.105(3) or licensed 21 under part XVI of chapter 468, including, but not limited to, a 22 general contractor, a building contractor, a residential 23 contractor, a mold remediator, a mold assessor, or a roofing 24 contractor, may not directly or indirectly engage in any of the 25 following practices: 26 (a) Soliciting a property owner by means of a prohibited 27 advertisement. 28 (b) Offering to a property owner a rebate, gift, gift card, 29 cash, coupon, waiver of any insurance deductible, or any other 30 thing of value in exchange for: 31 1. Allowing the contractor to conduct an inspection of the 32 property owner’s property; or 33 2. Making an insurance claim for damage to the property 34 owner’s property. 35 (c) Offering, delivering, receiving, or accepting any 36 compensation or inducement for the referral of any services for 37 which property insurance proceeds are payable. 38 (d) Interpreting policy provisions or advising an insured 39 regarding coverages or duties under the insured’s property 40 insurance policy or adjusting a property insurance claim on 41 behalf of the insured, unless the contractor holds an 42 unencumbered license as a public adjuster pursuant to part VI of 43 chapter 626. 44 (e) Providing an insured with an agreement authorizing 45 repairs without providing a good faith estimate of the itemized 46 and detailed cost of services and materials for repairs 47 undertaken pursuant to a property insurance claim. A contractor 48 does not violate this subsection if, as a result of the process 49 of the insurer adjusting a claim, the actual cost of repairs 50 differs from the initial estimate. 51 (3) A contractor who violates this section is subject to 52 disciplinary proceedings as set forth in s. 489.129. A 53 contractor may receive up to a $10,000 fine for each violation 54 of this section. 55 (4) For the purposes of this section: 56 (a) The acts of any person on behalf of a contractor, 57 including the acts of a compensated employee or a nonemployee 58 who is compensated for soliciting as defined in this section, 59 are considered the acts of the contractor. 60 (b) Any person who engages in an act prohibited by this 61 section, but who is not a contractor as defined in s. 489.105(3) 62 or licensed under part XVI of chapter 468, is guilty of 63 unlicensed contracting and is subject to the penalties set forth 64 in s. 489.13. Notwithstanding s. 489.13(3), an unlicensed person 65 who violates this section may be fined up to $10,000 for each 66 violation. 67 (5) A contractor may not execute a contract with a property 68 owner to repair or replace a roof without including a notice 69 that the contractor may not engage in the practices set forth in 70 paragraph (2)(b). If the contractor fails to include such 71 notice, the residential property owner may void the contract 72 within 10 days after executing it. 73 Section 2. Subsection (20) is added to section 626.854, 74 Florida Statutes, to read: 75 626.854 “Public adjuster” defined; prohibitions.—The 76 Legislature finds that it is necessary for the protection of the 77 public to regulate public insurance adjusters and to prevent the 78 unauthorized practice of law. 79 (20)(a) The following acts by a public adjuster, a public 80 adjuster apprentice, or a person acting on behalf of a public 81 adjuster are prohibited and shall result in discipline as 82 applicable under this part: 83 1. Offering to a property owner a rebate, gift, gift card, 84 cash, coupon, waiver of any insurance deductible, or any other 85 thing of value in exchange for allowing a contractor, a public 86 adjuster, a public adjuster apprentice, or a person acting on 87 behalf of a public adjuster to conduct an inspection of the 88 owner’s property. 89 2. Offering, delivering, receiving, or accepting any 90 compensation or inducement for the referral of any services for 91 which property insurance proceeds would be used for property 92 repairs or replacement. This subsection does not prohibit a 93 public adjuster from sharing fees with another public adjuster 94 or public adjuster apprentice. 95 (b) Notwithstanding the fine set forth in s. 626.8698, any 96 public adjuster or public adjuster apprentice is subject to a 97 fine not to exceed $10,000 per act for a violation of this 98 subsection. 99 (c) Any person who engages in the acts prohibited by this 100 subsection and who is not a public adjuster or a public adjuster 101 apprentice or is not otherwise exempt from licensure is guilty 102 of the unlicensed practice of public adjusting and is subject 103 to: 104 1. All applicable penalties set forth in this part. 105 2. Notwithstanding subparagraph 1., a fine not to exceed 106 $10,000 per act for a violation of this section. 107 108 ================= T I T L E A M E N D M E N T ================ 109 And the title is amended as follows: 110 Delete line 2 111 and insert: 112 An act relating to property insurance; creating s. 113 489.147, F.S.; defining the terms “prohibited 114 advertisement” and “soliciting”; prohibiting certain 115 practices by contractors; providing for disciplinary 116 proceedings; providing that the acts of any persons on 117 behalf of a contractor are considered the acts of the 118 contractor; providing that certain acts constitute 119 unlicensed contracting; providing penalties; 120 prohibiting a contractor from executing a contract 121 with a property owner for a roofing repair or 122 replacement unless a certain notice is included; 123 authorizing the residential property owner to void the 124 contract within a specified timeframe if such notice 125 is not included; amending 626.854, F.S.; prohibiting 126 certain practices by public adjusters, public adjuster 127 apprentices, or persons acting on behalf of public 128 adjusters; providing penalties; providing that certain 129 acts constitute the unlicensed practice of public 130 adjusting; providing penalties; amending s.