Florida 2022 Regular Session Status: Enacted Bipartisan · 3 R · 1 D cosponsors

HB 749 — Fraud Prevention

Last action — Chapter No. 2022-169

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 30, 2021. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    4 primary, 9 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Fraud Prevention; Requires that electronic credentialing system display certain vehicle information, provide notification, & allow drivers to update information; requires DHSMV to provide Legislature with recommendations for compliance verification with financial responsibility requirements; requires certain sellers to allow consumers to cancel in specified manner & by specified means service contracts that have automatic renewal provisions; revises maximum fines for public adjusters & public adjuster apprentices; revises requirements for advertisements issued or caused to be issued by service agreement companies or salespersons; provides transfer of funds & appropriation. APPROPRIATION: $1,413,270

Bill Text

What changed in the latest version

298 added · 313 removed

298 line(s) added, 313 removed.

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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 CS/CS/HB749 2022 A bill to be entitled An act relating to fraud prevention;
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 CS/HB749 2022 A bill to be entitled An act relating to fraud prevention;
hb0749-02-c2 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 CS/CS/HB749 2022 department to impose an administrative fine on insurance companies under certain circumstances;
hb0749-01-c1 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 CS/HB749 2022 department to impose an administrative fine on insurance companies under certain circumstances;
providing a transfer of funds;
providing an appropriation;
322.032(1), must display driver vehicle registration and insurance information, provide a driver with notification of any Page 2of 13 CODING:
322.032(1), must display driver vehicle registration and insurance information, provide a driver with notification of any lapse in his or her insurance coverage needed for compliance Page 2of 13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 lapse in his or her insurance coverage needed for compliance with the financial responsibility requirements of this chapter, and allow the driver to update his or her policy information via the system.
hb0749-01-c1 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 CS/HB749 2022 with the financial responsibility requirements of this chapter, and allow the driver to update his or her policy information via the system.
(b) A Any seller that sells or offers to sell any service to a consumer pursuant to a service contract the term of which is a specified period of 12 months or more and that automatically renews for a specified period of more than 1 month, unless the consumer cancels the contract, shall provide Page 3of 13 CODING:
(b) A Any seller that sells or offers to sell any service to a consumer pursuant to a service contract the term of which is a specified period of 12 months or more and that automatically renews for a specified period of more than 1 month, unless the consumer cancels the contract, shall provide the consumer with written or electronic notification of the Page 3of 13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 the consumer with written or electronic notification of the automatic renewal provision.
hb0749-01-c1 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 CS/HB749 2022 automatic renewal provision.
As part of the seller's routine business practice, where an error has caused the failure to comply with this subsection, the unearned portion of the contract subject to the automatic renewal provision is refunded as of the date on which Page 4of 13 CODING:
As part of the seller's routine business practice, where an error has caused the failure to comply with this subsection, the unearned portion of the contract subject to the automatic renewal provision is refunded as of the date on which the seller is notified of the error.
Page 4of 13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 the seller is notified of the error.
hb0749-01-c1 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 CS/HB749 2022 (d) A seller shall allow a consumer to cancel a service contract that has an automatic renewal provision in the same manner, and by the same means, as the service contract was entered into.
(d) A seller shall allow a consumer to cancel a service contract that has an automatic renewal provision in the same manner, and by the same means, as the service contract was entered into.
Page 5of 13 CODING:
626.854 "Public adjuster" defined;
prohibitions.—The Page 5of 13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 626.854 "Public adjuster" defined;
hb0749-01-c1 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 CS/HB749 2022 Legislature finds that it is necessary for the protection of the public to regulate public insurance adjusters and to prevent the unauthorized practice of law.
prohibitions.—The Legislature finds that it is necessary for the protection of the public to regulate public insurance adjusters and to prevent the unauthorized practice of law.
626.8698, a public adjuster or public adjuster apprentice may be subject to a fine not to exceed $10,000 per act for a violation of this subsection and a fine not to exceed $20,000 per act for a Page 6of 13 CODING:
626.8698, a public adjuster or public adjuster apprentice may be subject to a fine not to exceed $10,000 per act for a violation of this subsection and a fine not to exceed $20,000 per act for a violation of this subsection that occurs during a state of Page 6of 13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 violation of this subsection that occurs during a state of emergency declared by executive order or proclamation of the Governor pursuant to s.
hb0749-01-c1 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 CS/HB749 2022 emergency declared by executive order or proclamation of the Governor pursuant to s.
division investigator's power of arrest.— (6) Any person, other than an insurer, agent, or other Page 7of 13 CODING:
division investigator's power of arrest.— (6) Any person, other than an insurer, agent, or other person licensed under the code, or an employee thereof, having Page 7of 13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 person licensed under the code, or an employee thereof, having knowledge or who believes that a fraudulent insurance act or any other act or practice which, upon conviction, constitutes a felony or a misdemeanor under the code, or under s.
hb0749-01-c1 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 CS/HB749 2022 knowledge or who believes that a fraudulent insurance act or any other act or practice which, upon conviction, constitutes a felony or a misdemeanor under the code, or under s.
Page 8of 13 CODING:
(8) The Division of Investigative and Forensic Services Page 8of 13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 (8) The Division of Investigative and Forensic Services shall review such information or reports and select such information or reports as, in its judgment, may require further investigation.
hb0749-01-c1 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 CS/HB749 2022 shall review such information or reports and select such information or reports as, in its judgment, may require further investigation.
(b) They must identify specific factors that determine the Page 9of 13 CODING:
(b) They must identify specific factors that determine the grades of penalty.
Page 9of 13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 grades of penalty.
hb0749-01-c1 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 CS/HB749 2022 (c) They must specify mitigating and aggravating factors for a violation of this section.
(c) They must specify mitigating and aggravating factors for a violation of this section.
Page 10 of13 CODING:
(a) They may not enlarge upon or extend the provisions of Page 10 of13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 (a) They may not enlarge upon or extend the provisions of this section.
hb0749-01-c1 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 CS/HB749 2022 this section.
(b) Does not fully disclose in a radio or television Page 11 of13 CODING:
(b) Does not fully disclose in a radio or television advertisement the full legal name of the licensed salesperson or Page 11 of13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 advertisement the full legal name of the licensed salesperson or the service agreement company.
hb0749-01-c1 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 CS/HB749 2022 the service agreement company.
817.234 False and fraudulent insurance claims.— (5)(a) Any insurer damaged as a result of a violation of any provision of this section when there has been a criminal adjudication of guilt shall have a cause of action to recover compensatory damages, plus all reasonable investigation and litigation expenses, including attorney attorneys' fees, at the Page 12 of13 CODING:
817.234 False and fraudulent insurance claims.— (5)(a) Any insurer damaged as a result of a violation of any provision of this section when there has been a criminal adjudication of guilt shall have a cause of action to recover compensatory damages, plus all reasonable investigation and litigation expenses, including attorney attorneys' fees, at the trial and appellate courts.
Page 12 of13 CODING:
hb0749-02-c2 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 CS/CS/HB749 2022 trial and appellate courts.
hb0749-01-c1 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 CS/HB749 2022 (b) If an insurer damaged as a result of a violation of any provision of this section has reported the possible fraudulent insurance act to the Division of Investigative and Forensic Services pursuant to s.
(b) If an insurer damaged as a result of a violation of any provision of this section has reported the possible fraudulent insurance act to the Division of Investigative and Forensic Services pursuant to s.
The nonrecurring sum of $1,413,270 for Fiscal Year 2022-2023 shall be transferred by nonoperating budget authority from the Insurance Regulatory Trust Fund of the Department of Financial Services to the Highway Safety Operating Trust Fund of the Department of Highway Safety and Motor Vehicles to implement the electronic insurance verification provisions of s.
324.252, Florida Statutes.
Section 10.
For the 2022-2023 fiscal year, the nonrecurring sum of $1,413,270 from the Highway Safety Operating Trust Fund is appropriated to the Information Systems Administration budget entity in the Department of Highway Safety and Motor Vehicles to implement the electronic insurance verification provisions required under s.
324.252, Florida Statutes.
Section 11.
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Action History

  1. Chapter No. 2022-169

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. CS passed; YEAS 39 NAYS 0

  7. Read 3rd time

  8. Read 2nd time

  9. Substituted for CS/CS/SB 1292

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Appropriations

  12. Received

  13. Referred to Appropriations

  14. In Messages

  15. CS passed; YEAS 115, NAYS 0

  16. Read 3rd time

  17. Added to Third Reading Calendar

  18. Placed on 3rd reading

  19. Read 2nd time

  20. 1st Reading (Committee Substitute 3)

  21. Bill added to Special Order Calendar (3/1/2022)

  22. Bill referred to House Calendar

  23. CS Filed

  24. Laid on Table under Rule 7.18(a)

  25. Reported out of Commerce Committee

  26. Favorable with CS by Commerce Committee

  27. Added to Commerce Committee agenda

  28. 1st Reading (Committee Substitute 2)

  29. Now in Commerce Committee

  30. Referred to Commerce Committee

  31. CS Filed

  32. Laid on Table under Rule 7.18(a)

  33. Reported out of State Administration & Technology Appropriations Subcommittee

  34. Favorable with CS by State Administration & Technology Appropriations Subcommittee

  35. Added to State Administration & Technology Appropriations Subcommittee agenda

  36. Now in State Administration & Technology Appropriations Subcommittee

  37. Referred to Commerce Committee

  38. Referred to State Administration & Technology Appropriations Subcommittee

  39. 1st Reading (Committee Substitute 1)

  40. CS Filed

  41. Laid on Table under Rule 7.18(a)

  42. Reported out of Insurance & Banking Subcommittee

  43. Favorable with CS by Insurance & Banking Subcommittee

  44. Added to Insurance & Banking Subcommittee agenda

  45. 1st Reading (Original Filed Version)

  46. Now in Insurance & Banking Subcommittee

  47. Referred to Commerce Committee

  48. Referred to State Administration & Technology Appropriations Subcommittee

  49. Referred to Insurance & Banking Subcommittee

  50. Filed

Sponsors

  • Commerce Committee · Primary
  • State Administration and Technology Appropriations Subcommittee · Primary
  • Insurance and Banking Subcommittee · Primary
  • Clemons · Primary
  • Benjamin · Cosponsor
  • James Buchanan · Cosponsor
  • Bush · Cosponsor
  • Randall Scott "Randy" Maggard · Cosponsor
  • Morales · Cosponsor
  • Roth · Cosponsor
  • Allison Tant · Cosponsor
  • Toledo · Cosponsor
  • Linda Chaney · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

4 sponsors · 9 co-sponsors · 147 not signed on

Sponsors (4)

  • Commerce Committee
  • State Administration and Technology Appropriations Subcommittee
  • Insurance and Banking Subcommittee
  • Clemons

Co-sponsors (9)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 21000
Democrat 4000
No Party Affiliation 1000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Torres — Yea
Brandes — Yea
Simpson — Yea
Broxson — Yea
Perry — Yea
Cruz — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 115 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 50002
Republican 45001
Democrat 20001
Total 115004
% of votes cast 97%0%0%3%
How each member voted (119)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Benjamin — Yea
Harding — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Bush — Yea
Killebrew — Yea
Slosberg-King — Yea
Byrd — Yea
Caruso — Yea
Latvala — Yea
Casello — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Diamond — Yea
Drake — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Yea
Williamson — Yea
Fernandez-Barquin — Yea
Omphroy — Yea
Fetterhoff — Yea
Fine — Yea
Payne — Yea
Zika — Yea
Fischer — Yea
Grant — Not Voting
Stevenson — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Not Voting
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Not Voting
Yarborough, Clay Republican Yea

Official roll call →

Favorable With Committee Substitute (Commerce Committee)

Passed 21 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 8001
Unaffiliated 11002
Democrat 2000
Total 21003
% of votes cast 88%0%0%13%
How each member voted (24)
Member Party Vote
Clemons — Yea
Drake — Yea
Geller — Yea
Grieco — Yea
Hage — Yea
Ingoglia — Yea
Latvala — Not Voting
Omphroy — Not Voting
Rommel — Yea
Silvers — Yea
Tomkow — Yea
Willhite — Yea
Thompson, Geraldine F. "Geri" — Yea
Daley, Dan Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Barnaby, Webster Republican Yea
DiCeglie, Nick Republican Yea
Fabricio, Tom Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Not Voting
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Shoaf, Jason Republican Yea

Official roll call →

Favorable With Committee Substitute (State Administration & Technology Appropriations Subcommittee)

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 5001
Democrat 3000
Unaffiliated 5001
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Fischer — Not Voting
Goff-Marcil — Yea
Killebrew — Yea
McCurdy — Yea
Sabatini — Yea
Stevenson — Yea
Campbell, Daryl Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Robinson, Felicia Simone Democrat Yea
Borrero, David Republican Not Voting
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Giallombardo, Mike Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea

Official roll call →

Favorable With Committee Substitute (Insurance & Banking Subcommittee)

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 6002
Democrat 4000
Unaffiliated 6000
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Toledo — Yea
Willhite — Yea
Zika — Yea
Brown — Yea
Fetterhoff — Yea
Hage — Yea
Driskell, Fentrice Democrat Yea
Hunschofsky, Christine Democrat Yea
Rayner, Michele K. Democrat Yea
Tant, Allison Democrat Yea
Barnaby, Webster Republican Not Voting
DiCeglie, Nick Republican Yea
Fabricio, Tom Republican Yea
Giallombardo, Mike Republican Yea
Koster, Traci Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Smith, David Republican Yea
Snyder, John Republican Not Voting

Official roll call →

Subjects

public-safety finance health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 749 do?
Fraud Prevention; Requires that electronic credentialing system display certain vehicle information, provide notification, & allow drivers to update information; requires DHSMV to provide Legislature with recommendations for compliance verification with financial responsibility requirements; requires certain sellers to allow consumers to cancel in specified manner & by specified means service contracts that have automatic renewal provisions; revises maximum fines for public adjusters & public adjuster apprentices; revises requirements for advertisements issued or caused to be issued by service agreement companies or salespersons; provides transfer of funds & appropriation. APPROPRIATION: $1,413,270
Who sponsors HB 749?
HB 749 is sponsored by Commerce Committee, State Administration and Technology Appropriations Subcommittee, Insurance and Banking Subcommittee, Clemons, Benjamin, Buchanan, James (Republican), Bush, Maggard, Randall Scott "Randy" (Republican), Morales, Roth, Tant, Allison (Democrat), Toledo, and Chaney, Linda (Republican).
What is the current status of HB 749?
This bill has been enacted into law. Introduced November 30, 2021. Enacted.
Where can I track HB 749?
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