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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).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bill-amendments-fn-pcs-7c723ce208/, SHA-256 f5e32cfe5c8ae7cf114650b65005da4ed879cb0c62fb06d7c117d1e43074e734.

Full text

                                           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       WITHDRAWN                      (Y/N)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.




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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:
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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




      PCS for CSHB 939 a2
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