Committee/Subcommittee Amendment No. 2 to PCS for CS/HB 939 (2024)
Summary
Committee/subcommittee amendment, Amendment No. 2 (with title amendment), offered by Representative Griffitts at the Commerce Committee hearing on PCS for CS/HB 939 (2024). The inserted text concerns a financial institution's delay of a disbursement or transaction when an employee reasonably believes financial exploitation of a specified adult has occurred or is suspected. The notice, which may be provided electronically, must give the reason for the delay. The institution must create and keep a written or electronic record of the delayed disbursement, and the delay expires after a stated number of business days unless extended for additional calendar days. A court of competent jurisdiction may shorten or extend the delay.
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“Committee/Subcommittee Amendment No. 2 to PCS for CS/HB 939 (2024).”
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 939 (2024)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Griffitts offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 249-340 and insert:
6 exception of any party that an employee of the financial
7 institution reasonably believes has engaged in, is engaging in,
8 has attempted to engage in, or will attempt to engage in the
9 suspected financial exploitation of the specified adult. The
10 notice, which may be provided electronically, must provide the
11 reason for the delay.
12 2. Creates a written or electronic record of the delayed
13 disbursement or transaction which includes, at minimum, the
14 following information:
15 a. The date on which the delay was first placed.
16 b. The name and address of the specified adult.
PCS for CSHB 939 a2
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 939 (2024)
Amendment No. 2
17 c. The business location of the financial institution.
18 d. The name and title of the employee who reported
19 suspected financial exploitation of the specified adult pursuant
20 to s. 415.1034.
21 e. The facts and circumstances that caused the employee to
22 report suspected financial exploitation.
23 (4) The financial institution must maintain for at least 5
24 years after the date of a delayed disbursement or transaction a
25 written or electronic record of the information required by s.
26 415.10341(3)2.
27 (5) A delay on a disbursement or transaction under
28 subsection (3) expires 5 business days after the date on which
29 the delay was first placed. However, the financial institution
30 may extend the delay for up to 7 additional calendar days if the
31 financial institution's review of the available facts and
32 circumstances continues to support the reasonable belief that
33 financial exploitation of the specified adult has occurred, is
34 occurring, has been attempted, or will be attempted. The length
35 of the delay may be shortened or extended at any time by a court
36 of competent jurisdiction. This subsection does not prevent a
37 financial institution from terminating a delay after
38 communication with the parties authorized to transact business
39 on the account and any trusted contact on the account.
PCS for CSHB 939 a2
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 939 (2024)
Amendment No. 2
40 (6) Before placing a delay on a disbursement or
41 transaction pursuant to this section, a financial institution
42 must do all of the following:
43 (a) Develop training policies or programs reasonably
44 designed to educate employees on issues pertaining to financial
45 exploitation of specified adults.
46 (b) Conduct training for all employees at least annually
47 and maintain a written record of all trainings conducted.
48 (c) Develop, maintain, and enforce written procedures
49 regarding the manner in which suspected financial exploitation
50 is reviewed internally, including, if applicable, the manner in
51 which suspected financial exploitation is required to be
52 reported to supervisory personnel.
53 (7) Absent a reasonable belief of financial exploitation
54 as provided in this section, this section does not otherwise
55 alter a financial institution's obligations to all parties
56 authorized to transact business on an account and any trusted
57 contact named on such account.
58 (8) This section does not create new rights for or impose
59 new obligations on a financial institution under other
60 applicable law.
61 Section 5. Paragraph (b) of subsection (1) of section
62 489.147, Florida Statutes, is redesignated as paragraph (c), a
63 new paragraph (b) is added to that subsection, and subsection
64 (6) is added to that section, to read:
PCS for CSHB 939 a2
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 939 (2024)
Amendment No. 2
65 489.147 Prohibited property insurance practices; contract
66 requirements.—
67 (1) As used in this section, the term:
68 (b) "Residential property owner" means the person who
69 holds the legal title to the residential real property that is
70 subject of and directly impacted by the action of a governmental
71 entity. The term does not include a governmental entity.
72 (6)(a) A residential property owner may cancel a contract
73 to replace or repair a roof without penalty or obligation within
74 10 days after the execution of the contract or by the official
75 start date, whichever comes first, if the contract was entered
76 into based on events that are subject of a declaration of a
77 state of emergency by the Governor. For the purposes of this
78 subsection, the official start date is the date on which work
79 that includes the installation of materials that will be
80 included in the final work on the roof commences, a final permit
81 has been issued, or a temporary repair to the roof covering or
82 roof has been made in compliance with the Florida Building Code.
83 (b) A contractor executing a contract during a declaration
84 of a state of emergency to replace or repair a roof of a
85 residential property must include or add as an attachment to the
86 contract the following language, in bold type of not less than
87 18 points, immediately before the space reserved for the
88 signature of the residential property owner:
89
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 939 (2024)
Amendment No. 2
90 "You, the residential property owner, may cancel th is contract
91 without penalty or obligation within 10 days after the execution
92 of the contract or by the official start date, whichever comes
93 first, because this contract was entered into during a state of
94 emergency by the Governor. The official start date is the date
95 on which work that includes the installation of materials that
96 will be included in the final work on the roof commences, a
97 final permit has been issued, or a temporary repair to the roof
98 covering or roof system has been made in compliance with t he
99 Florida Building Code."
100
101 (c) The residential property owner must send the notice of
102 cancellation by certified mail, return receipt requested, or
103 other form of mailing that provides proof thereof, at the
104 address specified in the contract.
105
106
107 -----------------------------------------------------
108 T I T L E A M E N D M E N T
109 Remove lines 19-35 and insert:
110 specified adult; requiring the financial institution to maintain
111 certain records for a specific time period; specifying that a
112 delay on a disbursement or transaction expires on a certain
113 date; authorizing the financial institution to extend the delay
114 under certain circumstances; authorizing a court of competent
PCS for CSHB 939 a2
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 939 (2024)
Amendment No. 2
115 jurisdiction to shorten or extend the delay; providing
116 construction; requiring financial institutions to take certain
117 actions before placing a delay on a disbursement or transaction;
118 providing construction; amending s. 489.147, F.S.; authorizing
119 insureds and claimants to cancel contracts to replace or repair
120 a roof without penalty or obligation within a specified
121 timeframe under certain circumstances; requiring contractors to
122 include a notice in the contracts with residential property
123 owners under certain circumstances; providing requirements for
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