HB 939 — Consumer Protection

creating s.

655.49, F.S.;

authorizing customers and Page 2of 25 CODING:

Words strickenare deletions;

words underlined are additions.

hb0939-02-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/HB939 2024 members of financial institutions to file certain complaints with the Office of Financial Regulation;

providing nonapplicability;

providing duties of the office upon receipt of such complaints;

providing reporting requirements;

providing violations;

requiring the office to provide reports to certain entities;

providing causes of action;

providing construction;

requiring the office to make certain information available on its website;

791.01, F.S.;

revising the definition of the term "fireworks";

amending s.

(c) "Third party network transaction" has the same meaning Page 3of2of 2524 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 as in s.

(4)(3) Any payment settlement entity, facilitator, or third party failing to file the information return required, filing an incomplete information return, or not filing an information return within the time prescribed is subject to a penalty of $1,000 for each failure, if the failure is for not Page 4of3of 2524 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 more than 30 days, with an additional $1,000 for each month or fraction of a month during which each failure continues.

SubsectionSection (16)286.312, is added to section 280.051, Florida Statutes, is created to read:

280.051286.312 GroundsProhibited foruse suspension or disqualification of astate Pagefunds; 5of 25 CODING:

censorship or Page 4of 24 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 qualifiedblacklisting publicof depository.—Anews qualifiedsources.—An publicagency depository may benot suspendedenter orinto disqualifieda contract or bothother ifagreement with an entity whose function is to advise the Chiefcensorship Financialor Officerblacklisting determinesof thatnews sources based on subjective criteria or political biases under the qualifiedstated publicgoal depositoryof has:fact-checking or removing misinformation.

(16) Pursuant to a determination notice reported by the Office of Financial Regulation under s.

655.49, acted in bad faith when terminating, suspending, or taking similar action restricting access to a customer's or member's account, or failed to cooperate in an investigation conducted pursuant to s.

655.49(3), including, without limitation, failing to timely file a termination-of-access report with the office.

ParagraphSubsection (b)(2) of subsection (1) of section 280.054,319.261, Florida Statutes, is amended to read:

280.054319.261 AdministrativeReal penaltyproperty intransactions; lieu of suspension or disqualification.— (1) If the Chief Financial Officer finds that one or more grounds exist for the suspension or disqualification of a qualified public depository, the Chief Financial Officer may, in lieu of suspension or disqualification, impose an administrative penalty upon the qualified public depository.

(b)retiring Withtitle respectto mobile home.— (2) The title to anythe knowingmobile andhome willfulshall violationmay ofbe aretired lawfulby orderthe ordepartment rule,if the Chiefowner Financialof Officerthe mayreal imposeproperty arecords penaltythe uponfollowing documents in the qualifiedofficial publicrecords depositoryof the clerk of court in anthe amountcounty notin exceedingwhich $1,000the forreal eachproperty violation.is located:

If(a)1. restitution is due, the qualified public depository shall make restitution upon the order of the Chief Financial Officer and shall pay interest on Page 6of 25 CODING:

The original title to the mobile home which includes shall include a description of the mobile home, including model year, make, width, length, and vehicle identification number, and a statement by any recorded lienholder on the title that the security interest in the home has been released, or that such security interest will be released upon retirement of the title as set forth in this section;.

2.(b) The legal description of the real property, and in the case of a leasehold interest, a copy of the lease agreement;

and.

3.(c) A sworn statement by the owner of the real property, as shown on the real property deed or lease, that he or she is Page 5of 24 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 suchthe amountowner atof the legalmobile rate.home and that the home is permanently affixed to the real property in accordance with state law;

Eachor day(b) aA violationmortgage continuesagainst constitutesthe aowner's separatemobile violation.home and real property.

Each of the following Failure to timely file the attestation required under s.

280.025 is deemed a knowing and willful violation by the qualified public depository:

1.

Failure to timely file the attestation required under s.

280.025.

2.

Bad faith termination, suspension, or similar action restricting access to a customer's or member's account, as determined by the Office of Financial Regulation pursuant to s.

655.49.

3.

Failure to cooperate in an investigation conducted pursuant to s.

655.49(3), including, without limitation, failure to timely file a termination-of-access report with the office.

SectionSubsection 415.10341,(6) Floridais Statutes,added isto createdsection 489.147, Florida Statutes, to read:

415.10341489.147 ProtectionProhibited ofproperty specifiedinsurance adults.—practices; (1) As used in this section, the term:

(a)contract "Financialrequirements.— exploitation"(6)(a) meansAn theinsured wrongfulor claimant may cancel a contract to replace or unauthorizedrepair taking,a withholding,roof appropriation,without penalty or useobligation until 10 days following the execution of money,the assets,contract or propertyuntil the official start date, whichever comes first, if the contract was entered into based on events that are the subject of a specifieddeclaration adult;of a state of emergency by the Governor.

orFor anythe actpurposes orof omissionthis bysubsection, a person, including through the useofficial ofstart adate poweris ofthe attorney,date guardianship,on orwhich conservatorshipthe ofwork aon specifiedthe adult,roof to:commences.

1.(b) A contractor executing during a declaration of a state of emergency a contract to replace or repair a roof of a residential property must include in the contract the following language, in bold type of not less than 18 points, immediately before the space reserved for the signature of the residential property owner:

Obtain"You, controlthe overresidential theproperty specifiedowner, adult'smay money,cancel this contract without penalty or obligation until 10 days following the Page 7of6of 2524 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 assets,execution orof propertythe throughcontract deception,or intimidation,until orthe undueofficial influencestart todate, deprivewhichever himcomes orfirst, herbecause ofthis thecontract ownership,was use,entered benefit,into orduring possessiona declaration of thea money,state assets,of oremergency property;by the Governor.

orIt 2.is the responsibility of your contractor to include an official start date clause in your contact.

DivertThis theclause specifiedmust adult'sstate money,the assets,official orstart propertydate toand deprive him or her of the ownership,work use,that benefit,will orbe possessioncommenced ofon thethat money,date. assets, or property.

(b)If "Financialthere institution"is meansno aofficial statestart financialdate institutionclause in the contract, the contract may be voided within 10 days following the execution of the contract." (c) The residential property owner must send the notice of cancellation by certified mail, return receipt requested, or aother federalform financialof institutionmailing asthat thoseprovides termsproof arethereof, definedat underthe s.address specified in the contract.

655.005(1)(w)Section and5. (1)(h), respectively.

(c)Subsection "Specified(9) adult" means a natural person 70 years of agesection or559.9611, older,Florida orStatutes, ais vulnerableamended adultto asread: defined in s.

415.102.559.9611 Definitions.—As used in this part, the term:

(d)(9) "Trusted"Depository contact"institution" means a naturalbank, personcredit 18union, yearssavings ofbank, agesavings and loan association, savings or olderthrift whomassociation, thetrust accountcompany, owneror hasindustrial expresslyloan identifiedcompany anddoing recordedbusiness under the authority of, or in accordance with, a financiallicense, institution'scertificate, booksor andcharter recordsissued asby the personUnited whoStates, maythis bestate, contactedor aboutany other state, district, territory, or commonwealth of the account.United States which is authorized to transact business in this state Florida state-chartered bank, Page 7of 24 CODING:

(2) The Legislature finds that many persons in this state, because of age or disability, are at increased risk of financial exploitation and loss of their assets, funds, investments, and investment accounts.

The Legislature further finds that specified adults in this state are at a statistically higher risk of being targeted for financial exploitation, regardless of diminished capacity or other disability, because of their accumulation of substantial assets and wealth compared to younger age groups.

In enacting this section, the Legislature recognizes the freedom of specified adults to manage their Page 8of 25 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 assets,savings makebank, investmentcredit choices,union, andor spendtrust theircompany, funds,or anda intendsfederal thatsavings suchor rightsthrift mayassociation, notbank, becredit infringedunion, absentsavings abank, reasonableor beliefthrift. of financial exploitation as provided in this section.

TheSection Legislature6. therefore intends to provide for the prevention of financial exploitation of such persons.

TheParagraph Legislature(d) intendsof tosubsection encourage(8) the constructive involvement of financialsection institutions624.424, thatFlorida takeStatutes, actionis basedamended uponto theread: reasonable belief that specified adults who have accounts with such financial institutions have been or are the subject of financial exploitation.

The624.424 LegislatureAnnual intendsstatement to balance the rights of specified adults to direct and controlother theirinformation.— assets,(8) funds,(d) andThe investmentscertified andpublic toaccountant exercisethat theirprepares constitutionalthe rightsaudit consistentmust withbe duelicensed process with the need to providepractice financialpursuant institutions the ability to placechapter narrow,473 time-limitedand restrictionsmust onhave thesecompleted rightsat inleast an4 efforthours to decrease specified adults' risk of lossinsurance-related duecontinuing toeducation abuse,during neglect,each or2-year financialcontinuing exploitation.education cycle.

(3)An Ifinsurer amay financialnot institutionuse reportsthe suspectedsame financialaccountant exploitationor partner of aan specifiedaccounting adultfirm pursuantresponsible tofor s.preparing the report required by this subsection for more than 5 consecutive years.

415.1034,Following itthis mayperiod, delaythe ainsurer disbursementmay ornot transactionuse fromsuch anaccountant account of a specified adult or anpartner account for which a specifiedperiod adultof is5 ayears, beneficiarybut ormay beneficialuse owneranother ifaccountant allor partner of the followingsame apply:firm.

(a)An Theinsurer financialmay institutionrequest immediatelythe initiatesoffice to waive this prohibition based upon an internalunusual reviewhardship ofto the factsinsurer and circumstancesa determination that causedthe anaccountant employeeis exercising independent judgment that is not unduly influenced by the insurer considering such factors as the number of partners, expertise of the financialpartners institutionor tothe reportnumber suspectedof Pageinsurance 9ofclients 25of CODING:the accounting firm;

the premium volume of the insurer;

and the number of jurisdictions in which the insurer transacts business.

Section 7.

Subsection (19) of section 626.854, Florida Page 8of 24 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 financialStatutes, exploitation.is amended, and subsections (5) through (18) are republished, to read:

(b)626.854 Not"Public lateradjuster" thandefined; 3 business days after the date on which the delay was first placed, the financial institution:

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.

(5) A public adjuster may not directly or indirectly through any other person or entity solicit an insured or claimant by any means except on Monday through Saturday of each week and only between the hours of 8 a.m.

and 8 p.m.

on those days.

(6) When entering a contract for adjuster services after July 1, 2023, a public adjuster:

(a) May not collect a fee for services on payments made to a named insured unless they have a written contract with the named insured, or the named insured's legal representative.

(b) May not contract for services to be provided by a third party on behalf of the named insured or in pursuit of settlement of the named insured's claim, if the cost of those services is to be borne by the named insured, unless the named insured agrees in writing to procure these services and such agreement is entered into subsequent to the date of the contract for public adjusting services.

(c) If a public adjuster contracts with a third-party service provider to assist with the settlement of the named Page 9of 24 CODING:

Words strickenare deletions;

words underlined are additions.

hb0939-01-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/HB939 2024 insured's claim, without first obtaining the insured's written consent, payment of the third party's fees must be made by the public adjuster and may not be charged back to the named insured.

(d) If a public adjuster represents anyone other than the named insured in a claim, the public adjuster fees shall be paid by the third party and may not be charged back to the named insured.

(7) An insured or claimant may cancel a public adjuster's contract to adjust a claim without penalty or obligation within 10 days after the date on which the contract is executed.

If the contract was entered into based on events that are the subject of a declaration of a state of emergency by the Governor, an insured or claimant may cancel the public adjuster's contract to adjust a claim without penalty or obligation within 30 days after the date of loss or 10 days after the date on which the contract is executed, whichever is longer.

The public adjuster's contract must contain the following language in minimum 18-point bold type immediately before the space reserved in the contract for the signature of the insured or claimant:

"You, the insured, may cancel this contract for any reason without penalty or obligation to you within 10 days after the date of this contract.

If this contract was entered into based on events that are the subject of a declaration of a state of emergency by the Governor, you may cancel this contract for any Page 10 of24 CODING:

Words strickenare deletions;

words underlined are additions.

hb0939-01-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/HB939 2024 reason without penalty or obligation to you within 30 days after the date of loss or 10 days after the date on which the contract is executed, whichever is longer.

You may also cancel the contract without penalty or obligation to you if I, as your public adjuster, fail to provide you and your insurer a copy of a written estimate within 60 days of the execution of the contract, unless the failure to provide the estimate within 60 days is caused by factors beyond my control, in accordance with s.

627.70131(5)(a)2., Florida Statutes.

The 60-day cancellation period for failure to provide a written estimate shall cease on the date I have provided you with the written estimate." The notice of cancellation shall be provided to ...(name of public adjuster)..., submitted in writing and sent by certified mail, return receipt requested, or other form of mailing that provides proof thereof, at the address specified in the contract.

(8) It is an unfair and deceptive insurance trade practice pursuant to s.

626.9541 for a public adjuster or any other person to circulate or disseminate any advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance which is untrue, deceptive, or misleading.

(a) The following statements, made in any public adjuster's advertisement or solicitation, are considered deceptive or misleading:

Page 11 of24 CODING:

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words underlined are additions.

hb0939-01-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/HB939 2024 1.

A statement or representation that invites an insured policyholder to submit a claim when the policyholder does not have covered damage to insured property.

2.

A statement or representation that invites an insured policyholder to submit a claim by offering monetary or other valuable inducement.

3.

A statement or representation that invites an insured policyholder to submit a claim by stating that there is "no risk" to the policyholder by submitting such claim.

4.

A statement or representation, or use of a logo or shield, that implies or could mistakenly be construed to imply that the solicitation was issued or distributed by a governmental agency or is sanctioned or endorsed by a governmental agency.

(b) For purposes of this paragraph, the term "written advertisement" includes only newspapers, magazines, flyers, and bulk mailers.

The following disclaimer, which is not required to be printed on standard size business cards, must be added in bold print and capital letters in typeface no smaller than the typeface of the body of the text to all written advertisements by a public adjuster:

"THIS IS A SOLICITATION FOR BUSINESS.

IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT." Page 12 of24 CODING:

Words strickenare deletions;

words underlined are additions.

hb0939-01-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/HB939 2024 (9) A public adjuster, a public adjuster apprentice, or any person or entity acting on behalf of a public adjuster or public adjuster apprentice may not give or offer to give a monetary loan or advance to a client or prospective client.

(10) A public adjuster, public adjuster apprentice, or any individual or entity acting on behalf of a public adjuster or public adjuster apprentice may not give or offer to give, directly or indirectly, any article of merchandise having a value in excess of $25 to any individual for the purpose of advertising or as an inducement to entering into a contract with a public adjuster.

(11)(a) If a public adjuster enters into a contract with an insured or claimant to reopen a claim or file a supplemental claim that seeks additional payments for a claim that has been previously paid in part or in full or settled by the insurer, the public adjuster may not charge, agree to, or accept from any source compensation, payment, commission, fee, or any other thing of value based on a previous settlement or previous claim payments by the insurer for the same cause of loss.

The charge, compensation, payment, commission, fee, or any other thing of value must be based only on the claim payments or settlements paid to the insured, exclusive of attorney fees and costs, obtained through the work of the public adjuster after entering into the contract with the insured or claimant.

Compensation for the reopened or supplemental claim may not exceed 20 percent of Page 13 of24 CODING:

Words strickenare deletions;

words underlined are additions.

hb0939-01-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/HB939 2024 the reopened or supplemental claim payment.

In no event shall the contracts described in this paragraph exceed the limitations in paragraph (b).

(b) A public adjuster may not charge, agree to, or accept from any source compensation, payment, commission, fee, or any other thing of value in excess of:

NotifiesTen inpercent writingof allthe partiesamount authorizedof toinsurance transactclaim businesspayments onor thesettlements, accountexclusive andof anyattorney trustedfees contactand oncosts, thepaid account,to using the contactinsured informationby provided for the account,insurer withfor theclaims exceptionbased ofon anyevents party that anare employee of the financialsubject institutionof reasonablya believesdeclaration hasof engageda in,state isof engagingemergency in,by has attempted to engage in, or will attempt to engage in the suspectedGovernor. financial exploitation of the specified adult.

TheThis notice,provision whichapplies mayto beclaims providedmade electronically,during must provide the reasonyear forafter the delay.declaration of emergency.

After that year, the limitations in subparagraph 2.

apply.

CreatesTwenty apercent writtenof the amount of insurance claim payments or electronicsettlements, recordexclusive of attorney fees and costs, paid to the delayedinsured disbursementby orthe transactioninsurer whichfor includes,claims atthat minimum,are not based on events that are the followingsubject information:of a declaration of a state of emergency by the Governor.

a.3.

TheOne percent of the amount of insurance claim payments or settlements, paid to the insured by the insurer for any coverage part of the policy where the claim payment or written agreement by the insurer to pay is equal to or greater than the policy limit for that part of the policy, if the payment or written commitment to pay is provided within 14 days after the date of loss or within 10 days after the date on which the delayPage was14 firstof24 placed.CODING:

b.

The name and address of the specified adult.

c.

The business location of the financial institution.

d.

The name and title of the employee who reported suspected financial exploitation of the specified adult pursuant to s.

415.1034.

e.

The facts and circumstances that caused the employee to report suspected financial exploitation.

(4) The financial institution must maintain for at least 5 years after the date of a delayed disbursement or transaction a Page 10 of25 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 writtenpublic oradjusting electroniccontract recordis ofexecuted, thewhichever informationis requiredlater. by subparagraph (3)(b)2.

(5)4. A delay on a disbursement or transaction under subsection (3) expires 5 business days after the date on which the delay was first placed.

However,Zero percent of the financialamount institutionof mayinsurance extendclaim thepayments delayor forsettlements, uppaid to 7the additionalinsured calendarby daysthe ifinsurer thefor financialany institution'scoverage reviewpart of the availablepolicy factswhere and circumstances continues to support the reasonableclaim beliefpayment thator financialwritten exploitationagreement ofby the specifiedinsurer adultto haspay occurred,occurs isbefore occurring,the hasdate beenon attempted,which orthe willpublic beadjusting attempted.contract is executed.

The(c) lengthInsurance ofclaim payments made by the delayinsurer maydo benot shortenedinclude orpolicy extendeddeductibles, atand anypublic timeadjuster bycompensation amay courtnot be based on the deductible portion of competenta jurisdiction.claim.

This(d) subsectionPublic doesadjuster compensation may not preventbe abased financialon institutionamounts fromattributable terminatingto aadditional delayliving afterexpenses, communicationunless withsuch thecompensation partiesis authorizedaffirmatively agreed to transactin businessa onseparate theagreement accountthat andincludes anya trusteddisclosure contactin onsubstantially the account.following form:

(6)"I Beforeagree placingto aretain delayand oncompensate athe disbursementpublic oradjuster transactionfor pursuantadjusting my additional living expenses and securing payment from my insurer for amounts attributable to thisadditional section,living aexpenses financialpayable institutionunder mustthe dopolicy allissued on my (home/mobile home/condominium unit)." (e) Public adjuster rate of compensation may not be increased based solely on the following:fact that the claim is litigated.

(a)(f) DevelopAny trainingmaneuver, policiesshift, or programsdevice reasonablythrough designedwhich tothe educatelimits employees on issuescompensation pertainingset toforth financialin exploitationthis subsection are exceeded is a violation of specifiedthis adults.chapter punishable as provided under s.

(b)626.8698. Conduct training for all employees at least annually and maintain a written record of all trainings conducted.

(c)(12)(a) Develop,Each maintain,public andadjuster enforcemust writtenprovide proceduresto regarding the mannerclaimant in which suspected financial exploitation Page 1115 of25of24 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 isor reviewedinsured internally,a including,written ifestimate applicable,of the mannerloss to assist in whichthe suspectedsubmission financialof exploitationa isproof requiredof toloss beor reportedany toother supervisoryclaim personnel.for payment of insurance proceeds within 60 days after the date of the contract.

(7)The Absentwritten aestimate reasonablemust beliefinclude ofan financialitemized, exploitationper- asunit providedestimate inof thisthe section,repairs, thisincluding sectionitemized doesinformation not otherwise alter a financial institution's obligations to all parties authorized to transact business on anequipment, accountmaterials, labor, and anysupplies, trustedin contactaccordance namedwith onaccepted suchindustry account.standards.

(8)The Thispublic sectionadjuster doesshall notretain createsuch newwritten rightsestimate for orat imposeleast new5 obligationsyears onand ashall financialmake institutionthe underestimate otheravailable applicableto law.the claimant or insured, the insurer, and the department upon request.

Section(b) 5.An insured may cancel the contract with no additional penalties or fees charged by the public adjuster if such an estimate is not provided within 60 days after executing the contract, subject to the cancellation notice requirement in this section, unless the failure to provide the estimate within 60 days is caused by factors beyond the control of the public adjuster.

ParagraphThe (b)cancellation ofperiod subsectionshall (1)cease ofon sectionthe 489.147,date Floridathe Statutes,public isadjuster redesignatedprovides asthe paragraphwritten (c),estimate a new paragraph (b) is added to thatthe subsection,insured. and subsection (6) is added to that section, to read:

489.147(13) ProhibitedA propertypublic insuranceadjuster, practices;public adjuster apprentice, or any person acting on behalf of a public adjuster or apprentice may not accept referrals of business from any person with whom the public adjuster conducts business if there is any form or manner of agreement to compensate the person, directly or indirectly, for referring business to the public adjuster.

contractA requirements.—public (1)adjuster Asmay usednot incompensate thisany section,person, theexcept term:for another public Page 16 of24 CODING:

(b) "Residential property owner" means the person who holds the legal title to the residential real property that is subject of and directly impacted by the action of a governmental entity.

The term does not include a governmental entity.

(6)(a) A residential property owner may cancel a contract to replace or repair a roof without penalty or obligation within 10 days after the execution of the contract or by the official Page 12 of25 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 startadjuster, date,directly whicheveror comesindirectly, first,for if the contractprincipal waspurpose entered into based on events that are subject of areferring declarationbusiness ofto a state of emergency by the Governor.public adjuster.

For(14) theA purposescompany ofemployee thisadjuster, subsection,independent theadjuster, officialattorney, startinvestigator, dateor isother thepersons dateacting on whichbehalf workof thatan includesinsurer thethat installationneeds ofaccess materialsto thatan willinsured beor includedclaimant inor to the finalinsured workproperty onthat is the roofsubject commences,of a finalclaim permitmust hasprovide beenat issued,least or48 ahours' temporarynotice repair to the roofinsured coveringor claimant, public adjuster, or rooflegal hasrepresentative beenbefore madescheduling ina compliancemeeting with the Floridaclaimant Buildingor Code.an onsite inspection of the insured property.

(b)The Ainsured contractoror executingclaimant amay contractdeny duringaccess a declaration of a state of emergency to replacethe or repair a roof of a residential property mustif include or add as an attachment to the contractnotice thehas following language, in bold type of not lessbeen thanprovided. 18 points, immediately before the space reserved for the signature of the residential property owner:

"You,The theinsured residentialor propertyclaimant owner, may cancelwaive this contract without penalty or obligation within 10 days after the execution48-hour ofnotice. the contract or by the official start date, whichever comes first, because this contract was entered into during a state of emergency by the Governor.

(15) The officialpublic startadjuster datemust isensure thethat dateprompt onnotice whichis workgiven thatof includes the installationclaim ofto materialsthe thatinsurer, willthe bepublic includedadjuster's incontract theis finalprovided workto onthe insurer, the roofproperty commences,is aavailable finalfor permitinspection hasof beenthe issued,loss or adamage temporaryby repair to the roofinsurer, coveringand orthe roofinsurer systemis hasgiven beenan madeopportunity into complianceinterview with the Floridainsured Buildingdirectly Code."about Pagethe 13loss of25and CODING:claim.

The insurer must be allowed to obtain necessary information to investigate and respond to the claim.

(a) The insurer may not exclude the public adjuster from its in-person meetings with the insured.

The insurer shall meet or communicate with the public adjuster in an effort to reach agreement as to the scope of the covered loss under the insurance policy.

The public adjuster shall meet or communicate Page 17 of24 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 (c)with The residential property owner must send the noticeinsurer ofin cancellationan byeffort certifiedto mail,reach returnagreement receiptas requested,to orthe otherscope form of mailing that provides proof thereof, at the addresscovered specifiedloss inunder the contract.insurance policy.

SectionThis 6.section does not impair the terms and conditions of the insurance policy in effect at the time the claim is filed.

Subsection(b) (9)A public adjuster may not restrict or prevent an insurer, company employee adjuster, independent adjuster, attorney, investigator, or other person acting on behalf of sectionthe 559.9611,insurer Floridafrom Statutes,having isreasonable amendedaccess at reasonable times to read:any insured or claimant or to the insured property that is the subject of a claim.

559.9611(c) Definitions.—AsA usedpublic adjuster may not act or fail to reasonably act in thisany part,manner that obstructs or prevents an insurer or insurer's adjuster from timely conducting an inspection of any part of the term:insured property for which there is a claim for loss or damage.

(9)The "Depositorypublic institution"adjuster meansrepresenting athe bank,insureds creditmay union,be savingspresent bank,for savingsthe andinsurer's loaninspection, association,but savingsif orthe thriftunavailability association,of trustthe company,public oradjuster industrialotherwise loandelays company doing business under the authorityinsurer's of,timely orinspection inof accordancethe with,property, athe license,public certificate,adjuster or charterthe issuedinsureds bymust allow the Unitedinsurer States,to thishave state,access orto anythe otherproperty state,without district,the territory,participation or commonwealthpresence of the Unitedpublic Statesadjuster whichor isinsureds authorized to transact business in thisorder stateto Floridafacilitate state-charteredthe bank,insurer's savingsprompt bank,inspection creditof union,the orloss trust company, or adamage. federal savings or thrift association, bank, credit union, savings bank, or thrift.

Section(16) 7.A licensed contractor under part I of chapter 489, or a subcontractor of such licensee, may not advertise, solicit, offer to handle, handle, or perform public adjuster services as Page 18 of24 CODING:

Paragraph (d) of subsection (8) of section 624.424, Florida Statutes, is amended to read:

624.424 Annual statement and other information.— (8) (d) The certified public accountant that prepares the audit must be licensed to practice pursuant to chapter 473 and Page 14 of25 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 mustprovided havein completedsubsection at(1) leastunless 4licensed hoursand ofcompliant insurance-relatedas continuinga educationpublic duringadjuster eachunder 2-yearthis continuingchapter. education cycle.

AnThe insurerprohibition mayagainst solicitation does not usepreclude a contractor from suggesting or otherwise recommending to a consumer that the sameconsumer accountantconsider contacting his or partnerher ofinsurer anto accountingdetermine firmif responsiblethe forproposed preparingrepair is covered under the reportconsumer's requiredinsurance bypolicy, thisexcept subsectionas forit morerelates thanto 5solicitation consecutiveprohibited years.in s.

Following489.147. this period, the insurer may not use such accountant or partner for a period of 5 years, but may use another accountant or partner of the same firm.

AnIn insureraddition, the contractor may requestdiscuss theor officeexplain toa waivebid thisfor prohibitionconstruction basedor uponrepair anof unusualcovered hardshipproperty towith the insurerresidential andproperty aowner determinationwho thathas thesuffered accountantloss isor exercisingdamage independentcovered judgmentby thata isproperty notinsurance undulypolicy, influencedor by the insurer consideringof such factorsproperty, asif the numbercontractor ofis partners,doing expertiseso offor the partnersusual orand customary fees applicable to the numberwork ofto insurancebe clientsperformed ofas stated in the accountingcontract firm;between the contractor and the insured.

(17) A public adjuster shall not acquire any interest in salvaged property, except with the premiumwritten volumeconsent and permission of the insurer;insured through a signed affidavit.

and(18) A public adjuster, a public adjuster apprentice, or a person acting on behalf of an adjuster or apprentice may not enter into a contract or accept a power of attorney that vests in the numberpublic adjuster, the public adjuster apprentice, or the person acting on behalf of jurisdictionsthe adjuster or apprentice the effective authority to choose the persons or entities that will perform repair work in whicha property insurance claim or provide goods or services that will require the insurerinsured transactsor business.third-party Page 19 of24 CODING:

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hb0939-01-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/HB939 2024 claimant to expend funds in excess of those payable to the public adjuster under the terms of the contract for adjusting services.

(19) Subsections (5)-(18) apply only to residential property insurance policies and condominium unit owner policies as described in s.

718.111(11), except that subsection (11) also applies to coverages provided by condominium association, cooperative association, apartment building, and similar policies, including policies covering the common elements of a homeowners' association.

and the insured's full name, street address, phone number, and e-mail address, together with a brief Pagedescription 15of of25the CODING:loss.

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hb0939-02-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/HB939 2024 description of the loss.

the initialsPage of20 theof24 namedCODING: insured on each page that does not contain the insured's signature;

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hb0939-01-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/HB939 2024 initials of the named insured on each page that does not contain the insured's signature;

(a) The full name, permanent business address, phone number, e-mail address, and license number of the public Pageadjuster 16or of25public CODING:adjuster apprentice.

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hb0939-02-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/HB939 2024 adjuster or public adjuster apprentice.

(d)Page An21 attestationof24 thatCODING: the compensation for public adjusting services will not exceed the limitations provided by law.

(e) The type of claim, including an emergency claim, nonemergency claim, or supplemental claim.

Section 9.

Subsection (2) of section 627.43141, Florida Statutes, is amended to read:

627.43141 Notice of change in policy terms.— (2) A renewal policy may contain a change in policy terms.

If such change occurs, the insurer shall give the named insured advance written notice summarizing the change, which may be enclosed in along with the written notice of renewal premium required under ss.

627.4133 and 627.728 or sent separately within the timeframe required under the Florida Insurance Code for the provision of a notice of nonrenewal to the named insured for that line of insurance.

The insurer must also provide a sample copy of the notice to the named insured's insurance agent before or at the same time that notice is provided to the named insured.

Such notice shall be entitled "Notice of Change in Policy Terms." and must be in bold type of not less than 14 Page 17 of25 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 points(d) andAn mustattestation bethat includedthe ascompensation afor singlepublic pageadjusting orservices consecutivewill pages,not asexceed necessary,the withinlimitations theprovided writtenby notice.law.

Section(e) 10.The type of claim, including an emergency claim, nonemergency claim, or supplemental claim.

Section 9.

Be sure to check your policy carefully to make sure you are aware of any exclusions or limitations regarding coverage of preexisting conditions or health benefits (such as hospitalization, emergency services, maternity care, preventive care, prescription drugs, and mental health and substance use Page 1822 of25of24 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 preexisting conditions or health benefits (such as hospitalization, emergency services, maternity care, preventive care, prescription drugs, and mental health and substance use disorder services).

Section 11.10.

627.70132Page Notice23 ofof24 propertyCODING: insurance claim.— (4)(a) A notice of claim for loss assessment coverage under s.

627.714 may not occur later than 3 years after the date Page 19 of25 CODING:

hb0939-02-c2hb0939-01-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/CS/HB939CS/HB939 2024 627.70132 Notice of lossproperty andinsurance mustclaim.— be(4) providedA toclaim theresulting insurerfrom theloss laterassessment of:as described in s.

1.627.714 is considered to have occurred on the date of the notice of loss assessment sent by a unit owner's condominium association.

WithinSection 111. year after the date of loss;

or 2.

Within 90 days after the date on which the condominium association or its governing board votes to levy an assessment resulting from a covered loss.

(b) For purposes of this subsection, the date of loss is the date of the covered loss event that created the need for an assessment.

Section 12.

Section 655.49, Florida Statutes, is created to read:

655.49 Bad faith termination or restriction of account access;

investigations by the office.— (1) A customer or member of a financial institution who reasonably believes that a financial institution has terminated, suspended, or taken similar action restricting access to the customer's or member's account in bad faith may file, within 30 calendar days after such termination, suspension, or similar action restricting account access, a complaint with the office alleging a violation of this section.

Such complaint is barred if not timely filed.

(2) This section does not apply if a financial institution's termination, suspension, or similar action restricting a customer's or member's account access was due to one or more of the following:

(a) The customer or member initiated the change in access;

Page 20 of25 CODING:

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hb0939-02-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/HB939 2024 (b) There is a lack of activity in the account;

or (c) The account is presumed unclaimed property pursuant to chapter 717.

(3) Upon receipt of a customer's or member's complaint under subsection (1):

(a) Within 30 calendar days, the office must notify the financial institution that a complaint has been filed.

(b) Within 30 calendar days after receiving the notice from the office, the financial institution must file with the office a termination-of-access report containing such information as the commission requires by rule.

(c) Within 90 calendar days after receiving the termination-of-access report from the financial institution, the office must investigate the financial institution's action and determine whether the action was taken in bad faith as substantiated by competent and substantial evidence that was known or should have been known to the financial institution at the time of the termination, suspension, or similar action restricting a customer's or member's account access.

(d) Within 30 calendar days after making the determination required under paragraph (c), the office must report to the Attorney General and the Chief Financial Officer the determination of a bad faith termination, suspension, or similar action restricting a customer's or member's account access.

The report to the Attorney General must describe the findings of the Page 21 of25 CODING:

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hb0939-02-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/HB939 2024 investigation, provide a summary of the evidence, and state whether an alleged violation of the financial institutions codes by the financial institution occurred.

Upon reporting to the Attorney General pursuant to this paragraph, the office must send a copy of the report to the customer or member by certified mail, return receipt requested.

(4) A financial institution's bad faith termination, suspension, or similar action restricting access to a customer's or member's account, as determined by the office pursuant to subsection (3), or a financial institution's failure to cooperate in an investigation conducted pursuant to subsection (3), including, without limitation, failure to timely file a termination-of-access report with the office, constitutes a violation of the financial institutions codes and subjects the financial institution to the applicable sanctions and penalties provided for in the financial institutions codes.

(5) The office shall provide any report filed pursuant to this section, or any information contained therein, to any federal, state, or local law enforcement or prosecutorial agency, and any federal or state agency responsible for the regulation or supervision of financial institutions, if the provision of such report is otherwise required by law.

(6) If the office determines under subsection (3) that a financial institution has acted in bad faith, the aggrieved customer or member of the financial institution has a cause of Page 22 of25 CODING:

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hb0939-02-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/HB939 2024 action against the financial institution for damages and may recover damages therefor in any court of competent jurisdiction, together with costs and reasonable attorney fees to be assessed by the court.

To recover damages under this subsection, the customer or member must establish that, beyond a reasonable doubt, the financial institution acted in bad faith in terminating, suspending, or taking similar action restricting access to the customer's or member's account.

The office's determination that the financial institution has acted in bad faith pursuant to subsection (3) does not, in and of itself, establish beyond a reasonable doubt that the financial institution acted in bad faith in the termination, suspension, or similar action restricting access to the customer's or member's account.

A customer's or member's failure to initiate a cause of action under this subsection within 12 months after the office's finding of bad faith pursuant to subsection (3) bars recovery of any filed claims thereafter.

(7) By July 1, 2024, the office shall make available on its website the information necessary for a customer or member of a financial institution to file a complaint with the office under subsection (1).

Section 13.

Paragraph (a) of subsection (4) of section 791.01, Florida Statutes, is amended to read:

791.01 Definitions.—As used in this chapter, the term:

(4)(a) "Fireworks" means and includes any combustible or Page 23 of25 CODING:

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hb0939-02-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/HB939 2024 explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation.

The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.

Section 14.

The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under Pages. 24 of25 CODING:

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hb0939-02-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/HB939 2024 s.

Section 15.12.

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