PCS for HB 939 (2024): An act relating to consumer protection
Summary
Proposed committee substitute PCS for HB, marked ORIGINAL (2024), a bill to be entitled An act relating to consumer protection. The title says it revises requirements for payment settlement entities submitting information returns to the Department of Revenue and prohibits agencies from entering into certain contracts or agreements. It requires the title to a mobile home to be retired if the owner of the real property records certain documents with the clerk of court, and revises public adjuster contracts and short-term health insurance disclosures. It also updates the source of the code for outdoor display of fireworks and takes effect July 1, 2024.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“PCS for HB 939 (2024): An act relating to consumer protection.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 939 ORIGINAL 2024
1 A bill to be entitled
2 An act relating to consumer protection; amending s.
3 212.34, F.S.; defining terms; revising requirements
4 for payment settlement entities, or their electronic
5 payment facilitators or contracted third parties, in
6 submitting information returns to the Department of
7 Revenue; specifying requirements for third party
8 settlement organizations that conduct certain
9 transactions; creating s. 286.312, F.S.; prohibiting
10 agencies from entering into certain contracts or
11 agreements; amending s. 319.261, F.S.; requiring the
12 title to a mobile home to be retired if the owner of
13 the real property records certain documents in the
14 official records of the clerk of court in the county
15 in which the real property is located; amending s.
16 489.147, F.S.; requiring contractors to include a
17 notice in the contracts with residential property
18 owners under certain circumstances; proving
19 requirements for notices of contract cancellation;
20 amending s. 559.9611, F.S.; revising the definition of
21 the term "depository institution"; amending s.
22 624.424, F.S.; providing requirements for certain
23 insurers' accountants; amending s. 626.854, F.S.;
24 revising applicability of provisions relating to
25 public adjusters; amending s. 626.8796, F.S.; revising
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26 the content of certain public adjuster contracts;
27 amending s. 627.6426, F.S.; revising the disclosure
28 requirements of contracts for short-term health
29 insurance; amending s. 627.70132, F.S.; providing that
30 claims resulting from certain loss assessments are
31 considered to have occurred on a specified date;
32 amending s. 791.012, F.S.; updating the source of the
33 code for outdoor display of fireworks; providing an
34 effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Section 212.134, Florida Statutes, is amended
39 to read:
40 212.134 Information returns relating to payment-card and
41 third-party network transactions.—
42 (1) For purposes of this section, the term:
43 (a) "Participating payee" has the same meaning as in s.
44 6050W of the Internal Revenue Code.
45 (b) "Return" or "information return" means IRS Form 1099-K
46 required under s. 6050W of the Internal Revenue Code.
47 (c) "Third party network transaction" has the same meaning
48 as in s. 6050W of the Internal Revenue Code.
49 (d) "Third party settlement organization" has the same
50 meaning as in s. 6050W of the Internal Revenue Code.
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51 (2) For each year in which a payment settlement entity, an
52 electronic payment facilitator, or other third party contracted
53 with the payment settlement entity to make payments to settle
54 reportable payment transactions on behalf of the payment
55 settlement entity must file a return pursuant to s. 6050W of the
56 Internal Revenue Code, for participating payees with an address
57 in this state, the entity, the facilitator, or the third party
58 must submit the information in the return to the department by
59 the 30th day after filing the federal return. The format of the
60 information returns required must be either a copy of such
61 information returns or a copy of such information returns
62 related to participating payees with an address in the state.
63 For purposes of this subsection, the term "payment settlement
64 entity" has the same meaning as provided in s. 6050W of the
65 Internal Revenue Code.
66 (3)(2) All reports of returns submitted to the department
67 under this section must be in an electronic format.
68 (4)(3) Any payment settlement entity, facilitator, or
69 third party failing to file the information return required,
70 filing an incomplete information return, or not filing an
71 information return within the time prescribed is subject to a
72 penalty of $1,000 for each failure, if the failure is for not
73 more than 30 days, with an additional $1,000 for each month or
74 fraction of a month during which each failure continues. The
75 total amount of penalty imposed on a reporting entity may not
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76 exceed $10,000 annually.
77 (5)(4) The executive director or his or her designee may
78 waive the penalty if he or she determines that the failure to
79 timely file an information return was due to reasonable cause
80 and not due to willful negligence, willful neglect, or fraud.
81 (6) All third party settlement organizations that conduct
82 transactions involving a participating payee with an address in
83 this state shall create a mechanism for participating payees to
84 identify whether a participating payee's transaction is for
85 goods and services or is personal. The mechanism must clearly
86 indicate the participating payee's requirement to indicate the
87 appropriate transaction type. The participating payee is
88 responsible for indicating the appropriate transaction type. All
89 third party settlement organizations shall maintain records that
90 clearly identify whether a transaction, as designated by the
91 participating payee, is a transaction for goods and services or
92 is personal. The information in the return submitted to the
93 department under subsection (2) for such entities must be
94 limited to transactions for goods and services.
95 Section 2. Section 286.312, Florida Statutes, is created
96 to read:
97 286.312 Prohibited use of state funds; censorship or
98 blacklisting of news sources.—An agency may not enter into a
99 contract or other agreement with an entity whose function is to
100 advise the censorship or blacklisting of news sources based on
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101 subjective criteria or political biases under the stated goal of
102 fact-checking or removing misinformation.
103 Section 3. Subsection (2) of section 319.261, Florida
104 Statutes, is amended to read:
105 319.261 Real property transactions; retiring title to
106 mobile home.—
107 (2) The title to the mobile home shall may be retired by
108 the department if the owner of the real property records the
109 following documents in the official records of the clerk of
110 court in the county in which the real property is located:
111 (a)1. The original title to the mobile home which includes
112 shall include a description of the mobile home, including model
113 year, make, width, length, and vehicle identification number,
114 and a statement by any recorded lienholder on the title that the
115 security interest in the home has been released, or that such
116 security interest will be released upon retirement of the title
117 as set forth in this section;.
118 2.(b) The legal description of the real property, and in
119 the case of a leasehold interest, a copy of the lease agreement ;
120 and.
121 3.(c) A sworn statement by the owner of the real property,
122 as shown on the real property deed or lease, that he or she is
123 the owner of the mobile home and that the home is permanently
124 affixed to the real property in accordance with state law; or
125 (b) A mortgage against the owner's mobile home and real
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126 property.
127 Section 4. Subsection (6) is added to section 489.147,
128 Florida Statutes, to read:
129 489.147 Prohibited property insurance practices; contract
130 requirements.—
131 (6)(a) An insured or claimant may cancel a contract to
132 replace or repair a roof without penalty or obligation until 10
133 days following the execution of the contract or until the
134 official start date, whichever comes first, if the contract was
135 entered into based on events that are the subject of a
136 declaration of a state of emergency by the Governor. For the
137 purposes of this subsection, the official state date is the date
138 on which the work on the roof will be commenced.
139 (b) A contractor executing during a declaration of a state
140 of emergency a contract to replace or repair a roof of a
141 residential property must include in the contract the following
142 language in bold type of not less than 18 points immediately
143 before the space reserved for the signature of the residential
144 property owner:
145
146 "You, the residential property owner, may cancel this contract
147 without penalty or obligation until 10 days following the
148 execution of the contract or until the official start date,
149 whichever comes first, because this contract was entered into
150 during a declaration of a state of emergency by the Governor. It
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151 is the responsibility of your contractor to include an official
152 start date clause in your contact. This clause must state the
153 official start date and the work that will be commenced on that
154 date. If there is no official start date clause in the contract,
155 the contract may be voided within 10 days following the
156 execution of the contract."
157
158 (b) The residential property owner must send the notice of
159 cancellation by certified mail, return receipt requested, or
160 other form of mailing that provides proof thereof, at the
161 address specified in the contract.
162 Section 5. Subsection (9) of section 559.9611, Florida
163 Statutes, is amended to read:
164 559.9611 Definitions.—As used in this part, the term:
165 (9) "Depository institution" means a bank, credit union,
166 savings bank, savings and loan association, savings or thrift
167 association, trust company, or industrial loan company doing
168 business under the authority of, or in accordance with, a
169 license, certificate, or charter issued by the United States,
170 this state, or any other state, district, territory, or
171 commonwealth of the United States which is authorized to
172 transact business in this state Florida state-chartered bank,
173 savings bank, credit union, or trust company, or a federal
174 savings or thrift association, bank, credit union, savings b ank,
175 or thrift.
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176 Section 6. Paragraph (d) of subsection (8) of section
177 624.424, Florida Statutes, is amended to read:
178 624.424 Annual statement and other information.—
179 (8)
180 (d) The certified public accountant that prepares the
181 audit must be licensed to practice pursuant to chapter 473 and
182 must have completed at least 4 hours of insurance-related
183 continuing education during each two-year continuing education
184 cycle. An insurer may not use the same accountant or partner of
185 an accounting firm responsible for preparing the report required
186 by this subsection for more than 5 consecutive years. Following
187 this period, the insurer may not use such accountant or partner
188 for a period of 5 years, but may use another accountant or
189 partner of the same firm. An insurer may request the office to
190 waive this prohibition based upon an unusual hardship to the
191 insurer and a determination that the accountant is exercising
192 independent judgment that is not unduly influenced by the
193 insurer considering such factors as the number of partners,
194 expertise of the partners or the number of insurance clients of
195 the accounting firm; the premium volume of the insurer; and the
196 number of jurisdictions in which the insurer transacts business.
197 Section 7. Subsection (19) of section 626.854, Flo rida
198 Statutes, is amended, and subsections (5) through (18) are
199 republished, to read:
200 626.854 "Public adjuster" defined; prohibitions.—The
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201 Legislature finds that it is necessary for the protection of the
202 public to regulate public insurance adjusters and to prevent the
203 unauthorized practice of law.
204 (5) A public adjuster may not directly or indirectly
205 through any other person or entity solicit an insured or
206 claimant by any means except on Monday through Saturday of each
207 week and only between the hours of 8 a.m. and 8 p.m. on those
208 days.
209 (6) When entering a contract for adjuster services after
210 July 1, 2023, a public adjuster:
211 (a) May not collect a fee for services on payments made to
212 a named insured unless they have a written contract with the
213 named insured, or the named insured's legal representative.
214 (b) May not contract for services to be provided by a
215 third party on behalf of the named insured or in pursuit of
216 settlement of the named insured's claim, if the cost of those
217 services is to be borne by the named insured, unless the named
218 insured agrees in writing to procure these services and such
219 agreement is entered into subsequent to the date of the contract
220 for public adjusting services.
221 (c) If a public adjuster contracts with a third-party
222 service provider to assist with the settlement of the named
223 insured's claim, without first obtaining the insured's written
224 consent, payment of the third party's fees must be made by the
225 public adjuster and may not be charged back to the named
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226 insured.
227 (d) If a public adjuster represents anyone other than the
228 named insured in a claim, the public adjuster fees shall be paid
229 by the third party and may not be charged back to the named
230 insured.
231 (7) An insured or claimant may cancel a public adjuster's
232 contract to adjust a claim without penalty or obligation within
233 10 days after the date on which the contract is executed. If the
234 contract was entered into based on events that are the subject
235 of a declaration of a state of emergency by the Governor, an
236 insured or claimant may cancel the public adjuster's contract to
237 adjust a claim without penalty or obligation within 30 days
238 after the date of loss or 10 days after the date on which the
239 contract is executed, whichever is longer. The public adjuster's
240 contract must contain the following language in minimum 18-point
241 bold type immediately before the space reserved in the contract
242 for the signature of the insured or claimant:
243 "You, the insured, may cancel this contract for any reason
244 without penalty or obligation to you within 10 days after the
245 date of this contract. If this contract was entered into based
246 on events that are the subject of a declaration of a state of
247 emergency by the Governor, you may cancel this contract for any
248 reason without penalty or obligation to you within 30 days after
249 the date of loss or 10 days after the date on which the contract
250 is executed, whichever is longer. You may also cancel the
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251 contract without penalty or obligation to you if I, as your
252 public adjuster, fail to provide you and your insurer a copy of
253 a written estimate within 60 days of the execution of the
254 contract, unless the failure to provide the estimate within 60
255 days is caused by factors beyond my control, in accordance with
256 s. 627.70131(5)(a)2., Florida Statutes. The 60-day cancellation
257 period for failure to provide a written estimate shall cease on
258 the date I have provided you with the written estimate."
259 The notice of cancellation shall be provided to ...(name of
260 public adjuster)..., submitted in writing and sent by certified
261 mail, return receipt requested, or other form of mailing that
262 provides proof thereof, at the address specified in the
263 contract.
264 (8) It is an unfair and deceptive insurance trade practice
265 pursuant to s. 626.9541 for a public adjuster or any other
266 person to circulate or disseminate any advertisement,
267 announcement, or statement containing any assertion,
268 representation, or statement with respect to the business of
269 insurance which is untrue, deceptive, or misleading.
270 (a) The following statements, made in any public
271 adjuster's advertisement or solicitation, are considered
272 deceptive or misleading:
273 1. A statement or representation that invites an insured
274 policyholder to submit a claim when the policyholder does not
275 have covered damage to insured property.
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276 2. A statement or representation that invites an insured
277 policyholder to submit a claim by offering monetary or other
278 valuable inducement.
279 3. A statement or representation that invites an insured
280 policyholder to submit a claim by stating that there is "no
281 risk" to the policyholder by submitting such claim.
282 4. A statement or representation, or use of a logo or
283 shield, that implies or could mistakenly be construed to imply
284 that the solicitation was issued or distributed by a
285 governmental agency or is sanctioned or endorsed by a
286 governmental agency.
287 (b) For purposes of this paragraph, the term "written
288 advertisement" includes only newspapers, magazines, flyers, and
289 bulk mailers. The following disclaimer, which is not required to
290 be printed on standard size business cards, must be added in
291 bold print and capital letters in typeface no smaller than the
292 typeface of the body of the text to all written advertisements
293 by a public adjuster:
294 "THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM
295 FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED
296 WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS
297 ADVERTISEMENT."
298 (9) A public adjuster, a public adjuster apprentice, or
299 any person or entity acting on behalf of a public adjuster or
300 public adjuster apprentice may not give or offer to give a
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301 monetary loan or advance to a client or prospective client.
302 (10) A public adjuster, public adjuster apprentice, or any
303 individual or entity acting on behalf of a public adjuster or
304 public adjuster apprentice may not give or offer to give,
305 directly or indirectly, any article of merchandise having a
306 value in excess of $25 to any individual for the purpose of
307 advertising or as an inducement to entering into a contract with
308 a public adjuster.
309 (11)(a) If a public adjuster enters into a contract with
310 an insured or claimant to reopen a claim or file a supplemental
311 claim that seeks additional payments for a claim that has been
312 previously paid in part or in full or settled by the insurer,
313 the public adjuster may not charge, agree to, or accept from any
314 source compensation, payment, commission, fee, or any other
315 thing of value based on a previous settlement or previous claim
316 payments by the insurer for the same cause of loss. The charge,
317 compensation, payment, commission, fee, or any other thing of
318 value must be based only on the claim payments or settlements
319 paid to the insured, exclusive of attorney fees and costs,
320 obtained through the work of the public adjuster after entering
321 into the contract with the insured or claimant. Com pensation for
322 the reopened or supplemental claim may not exceed 20 percent of
323 the reopened or supplemental claim payment. In no event shall
324 the contracts described in this paragraph exceed the limitations
325 in paragraph (b).
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326 (b) A public adjuster may not charge, agree to, or accept
327 from any source compensation, payment, commission, fee, or any
328 other thing of value in excess of:
329 1. Ten percent of the amount of insurance claim payments
330 or settlements, exclusive of attorney fees and costs, paid to
331 the insured by the insurer for claims based on events that are
332 the subject of a declaration of a state of emergency by the
333 Governor. This provision applies to claims made during the year
334 after the declaration of emergency. After that year, the
335 limitations in subparagraph 2. apply.
336 2. Twenty percent of the amount of insurance claim
337 payments or settlements, exclusive of attorney fees and costs,
338 paid to the insured by the insurer for claims that are not based
339 on events that are the subject of a declaration of a state of
340 emergency by the Governor.
341 3. One percent of the amount of insurance claim payments
342 or settlements, paid to the insured by the insurer for any
343 coverage part of the policy where the claim payment or written
344 agreement by the insurer to pay is equal to or greater than the
345 policy limit for that part of the policy, if the payment or
346 written commitment to pay is provided within 14 days after the
347 date of loss or within 10 days after the date on which the
348 public adjusting contract is executed, whichever is lat er.
349 4. Zero percent of the amount of insurance claim payments
350 or settlements, paid to the insured by the insurer for any
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351 coverage part of the policy where the claim payment or written
352 agreement by the insurer to pay occurs before the date on which
353 the public adjusting contract is executed.
354 (c) Insurance claim payments made by the insurer do not
355 include policy deductibles, and public adjuster compensation may
356 not be based on the deductible portion of a claim.
357 (d) Public adjuster compensation may not be based on
358 amounts attributable to additional living expenses, unless such
359 compensation is affirmatively agreed to in a separate agreement
360 that includes a disclosure in substantially the following form:
361 "I agree to retain and compensate the public adjuster for
362 adjusting my additional living expenses and securing payment
363 from my insurer for amounts attributable to additional living
364 expenses payable under the policy issued on my (home/mobile
365 home/condominium unit)."
366 (e) Public adjuster rate of compensation may not be
367 increased based solely on the fact that the claim is litigated.
368 (f) Any maneuver, shift, or device through which the
369 limits on compensation set forth in this subsection are exceeded
370 is a violation of this chapter punishable as provided under s.
371 626.8698.
372 (12)(a) Each public adjuster must provide to the claimant
373 or insured a written estimate of the loss to assist in the
374 submission of a proof of loss or any other claim for payment of
375 insurance proceeds within 60 days after the date of the
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376 contract. The written estimate must include an itemized, per -
377 unit estimate of the repairs, including itemized information on
378 equipment, materials, labor, and supplies, in accordance with
379 accepted industry standards. The public adjuster shall retain
380 such written estimate for at least 5 years and shall make the
381 estimate available to the claimant or insured, the insurer, and
382 the department upon request.
383 (b) An insured may cancel the contract with no additional
384 penalties or fees charged by the public adjuster if such an
385 estimate is not provided within 60 days after executing the
386 contract, subject to the cancellation notice requirement in this
387 section, unless the failure to provide the estimate within 60
388 days is caused by factors beyond the control of the public
389 adjuster. The cancellation period shall cease on the date the
390 public adjuster provides the written estimate to the insured.
391 (13) A public adjuster, public adjuster apprentice, or any
392 person acting on behalf of a public adjuster or apprentice may
393 not accept referrals of business from any person with whom the
394 public adjuster conducts business if there is any form or manner
395 of agreement to compensate the person, directly or indirectly,
396 for referring business to the public adjuster. A public adjuster
397 may not compensate any person, except for another public
398 adjuster, directly or indirectly, for the principal purpose of
399 referring business to the public adjuster.
400 (14) A company employee adjuster, independent adjuster,
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401 attorney, investigator, or other persons acting on behalf of an
402 insurer that needs access to an insured or claimant or to the
403 insured property that is the subject of a claim must provide at
404 least 48 hours' notice to the insured or claimant, public
405 adjuster, or legal representative before scheduling a meeting
406 with the claimant or an onsite inspection of the insured
407 property. The insured or claimant may deny access to the
408 property if the notice has not been provided. The insured or
409 claimant may waive the 48-hour notice.
410 (15) The public adjuster must ensure that prompt notice is
411 given of the claim to the insurer, the public adjuster's
412 contract is provided to the insurer, the property is available
413 for inspection of the loss or damage by the insurer, and the
414 insurer is given an opportunity to interview the insured
415 directly about the loss and claim. The insurer must be allowed
416 to obtain necessary information to investigate and respond to
417 the claim.
418 (a) The insurer may not exclude the public adjuster from
419 its in-person meetings with the insured. The insurer shall meet
420 or communicate with the public adjuster in an effort to reach
421 agreement as to the scope of the covered loss under the
422 insurance policy. The public adjuster shall meet or communicate
423 with the insurer in an effort to reach agreement as to the s cope
424 of the covered loss under the insurance policy. This section
425 does not impair the terms and conditions of the insurance policy
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426 in effect at the time the claim is filed.
427 (b) A public adjuster may not restrict or prevent an
428 insurer, company employee adjuster, independent adjuster,
429 attorney, investigator, or other person acting on behalf of the
430 insurer from having reasonable access at reasonable times to any
431 insured or claimant or to the insured property that is the
432 subject of a claim.
433 (c) A public adjuster may not act or fail to reasonably
434 act in any manner that obstructs or prevents an insurer or
435 insurer's adjuster from timely conducting an inspection of any
436 part of the insured property for which there is a claim for loss
437 or damage. The public adjuster representing the insureds may be
438 present for the insurer's inspection, but if the unavailability
439 of the public adjuster otherwise delays the insurer's timely
440 inspection of the property, the public adjuster or the insureds
441 must allow the insurer to have access to the property without
442 the participation or presence of the public adjuster or insureds
443 in order to facilitate the insurer's prompt inspection of the
444 loss or damage.
445 (16) A licensed contractor under part I of chapter 489, or
446 a subcontractor of such licensee, may not advertise, solicit,
447 offer to handle, handle, or perform public adjuster services as
448 provided in subsection (1) unless licensed and compliant as a
449 public adjuster under this chapter. The prohibition against
450 solicitation does not preclude a contractor from suggesting or
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451 otherwise recommending to a consumer that the consumer consider
452 contacting his or her insurer to determine if the proposed
453 repair is covered under the consumer's insurance policy, except
454 as it relates to solicitation prohibited in s. 489.147. In
455 addition, the contractor may discuss or explain a bid for
456 construction or repair of covered property with the residential
457 property owner who has suffered loss or damage covered by a
458 property insurance policy, or the insurer of such p roperty, if
459 the contractor is doing so for the usual and customary fees
460 applicable to the work to be performed as stated in the contract
461 between the contractor and the insured.
462 (17) A public adjuster shall not acquire any interest in
463 salvaged property, except with the written consent and
464 permission of the insured through a signed affidavit.
465 (18) A public adjuster, a public adjuster apprentice, or a
466 person acting on behalf of an adjuster or apprentice may not
467 enter into a contract or accept a power of attorney that vests
468 in the public adjuster, the public adjuster apprentice, or the
469 person acting on behalf of the adjuster or apprentice the
470 effective authority to choose the persons or entities that will
471 perform repair work in a property insurance claim or provide
472 goods or services that will require the insured or third -party
473 claimant to expend funds in excess of those payable to the
474 public adjuster under the terms of the contract for adjusting
475 services.
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476 (19) Subsections (5)-(18) apply only to residential
477 property insurance policies and condominium unit owner policies
478 as described in s. 718.111(11), except that subsection (11) also
479 applies to coverages provided by condominium association,
480 cooperative association, apartment building, and similar
481 policies, including policies covering the common elements of a
482 homeowners' association.
483 Section 8. Subsection (2) of section 626.8796, Florida
484 Statutes, is amended to read:
485 626.8796 Public adjuster contracts; disclosure statement;
486 fraud statement.—
487 (2) A public adjuster contract relating to a property and
488 casualty claim must contain the full name, permanent business
489 address, phone number, e-mail address, and license number of the
490 public adjuster; the full name and license number of the public
491 adjusting firm; and the insured's full name, street address,
492 phone number, and e-mail address, together with a brief
493 description of the loss. The contract must state the percentage
494 of compensation for the public adjuster's services in minimum
495 18-point bold type before the space reserved in the contract for
496 the signature of the insured; the type of claim, including an
497 emergency claim, nonemergency claim, or supplemental claim; the
498 initials of the named insured on each page that does not contain
499 the insured's signature; the signatures of the public adjuster
500 and all named insureds; and the signature date. If all of the
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501 named insureds' signatures are not available, the public
502 adjuster must submit an affidavit signed by the available named
503 insureds attesting that they have authority to enter into the
504 contract and settle all claim issues on behalf of the named
505 insureds. An unaltered copy of the executed contract must be
506 remitted to the insured at the time of execution and to the
507 insurer, or the insurer's representative within 7 days a fter
508 execution. A public adjusting firm that adjusts claims primarily
509 for commercial entities with operations in more than one state
510 and that does not directly or indirectly perform adjusting
511 services for insurers or individual homeowners is deemed to
512 comply with the requirements of this subsection if, at the time
513 a proof of loss is submitted, the public adjusting firm remits
514 to the insurer an affidavit signed by the public adjuster or
515 public adjuster apprentice that identifies:
516 (a) The full name, permanent business address, phone
517 number, e-mail address, and license number of the public
518 adjuster or public adjuster apprentice.
519 (b) The full name of the public adjusting firm.
520 (c) The insured's full name, street address, phone number,
521 and e-mail address, together with a brief description of the
522 loss.
523 (d) An attestation that the compensation for public
524 adjusting services will not exceed the limitations provided by
525 law.
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526 (e) The type of claim, including an emergency claim,
527 nonemergency claim, or supplemental claim.
528 Section 9. Section 627.6426, Florida Statutes, is amended
529 to read:
530 627.6426 Short-term health insurance.—
531 (1) For purposes of this part, the term "short-term health
532 insurance" means health insurance coverage provided by an issuer
533 with an expiration date specified in the contract that is less
534 than 12 months after the original effective date of the contract
535 and, taking into account renewals or extensions, has a duration
536 not to exceed 36 months in total.
537 (2) All contracts for short-term health insurance entered
538 into by an issuer and an individual seeking coverage shall
539 include the following written disclosures signed by the
540 purchaser at the time of purchase disclosure:
541 (a) The following statement:
542
543 "This coverage is not required to comply with certain federal
544 market requirements for health insurance, principally those
545 contained in the Patient Protection and Affordable Care Act. Be
546 sure to check your policy carefully to make sure you are aware
547 of any exclusions or limitations regarding coverage of
548 preexisting conditions or health benefits (such as
549 hospitalization, emergency services, maternity care, preventive
550 care, prescription drugs, and mental health and substance use
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551 disorder services). Your policy might also have lifetime and/or
552 annual dollar limits on health benefits. If this coverage
553 expires or you lose eligibility for this coverage, you might
554 have to wait until an open enrollment period to get other health
555 insurance coverage."
556 (b) The following information:
557 1. The duration of the contract, including any waiting
558 period.
559 2. Any essential health benefit under 42 U.S.C. s.
560 18022(b) that the contract does not provide.
561 3. The content of coverage.
562 4. Any exclusion of preexisting conditions.
563 (3) These disclosures must be printed in no less than 12-
564 point type and in a color that is readable. A copy of the signed
565 disclosures must be maintained by the issuer for a period of 5
566 years after the date of purchase.
567 (4) Disclosures provided by electronic means must meet the
568 requirements of subsection (2).
569 Section 10. Subsection (4) of section 627.70132, Florida
570 Statutes, is renumbered as subsection (5), and a new subsection
571 (4) is added to that section to read:
572 627.70132 Notice of property insurance claim.—
573 (4) A claim resulting from loss assessment as described in
574 s. 627.714 is considered to have occurred on the date of the
575 notice of loss assessment sent by a unit owner's condominium
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576 association.
577 Section 11. Section 791.012, Florida Statutes, is amended
578 to read:
579 791.012 Minimum fireworks safety standards.—The outdoor
580 display of fireworks in this state shall be governed by the
581 National Fire Protection Association (NFPA) 1123, Code for
582 Fireworks Display, 2018 1995 Edition, approved by the American
583 National Standards Institute. Any state, county, or municipal
584 law, rule, or ordinance may provide for more stringent
585 regulations for the outdoor display of fireworks, but in no
586 event may any such law, rule, or ordinance provide for less
587 stringent regulations for the outdoor display of fireworks. The
588 division shall promulgate rules to carry out the provisions of
589 this section. The Code for Fireworks Display shall not govern
590 the display of any fireworks on private, residential property
591 and shall not govern the display of those items included under
592 s. 791.01(4)(b) and (c) and authorized for sale thereunder
593 Section 12. This act shall take effect July 1, 2024.
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