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Bill > H1137


FL H1137

FL H1137
Consumer Protection


summary

Introduced
01/07/2020
In Committee
01/13/2020
Crossed Over
Passed
Dead
03/19/2020

Introduced Session

2020 Regular Session

Bill Summary

An act relating to consumer protection; amending s. 319.30, F.S.; revising provisions for systems used to execute electronic signatures for salvage certificates of title; amending s. 501.0051, F.S.; prohibiting consumer reporting agencies from charging to reissue or provide a new unique personal identifier to a consumer for the removal of a security freeze; amending s. 624.307, F.S.; revising a requirement for entities licensed or authorized by the Department of Financial Services or the Office of Insurance Regulation to respond to the department's Division of Consumer Services regarding consumer complaints; revising administrative penalties the division may impose for failure to comply; amending s. 626.112, F.S.; prohibiting unlicensed activity by an adjusting firm; providing an exemption; providing an exemption from licensure for branch firms that meet certain criteria; providing an administrative penalty for failing to apply for certain licensure; providing a criminal penalty for aiding or abetting unlicensed activity; deleting an obsolete provision; amending s. 626.602, F.S.; authorizing the department to disapprove the use of insurance agency names containing the words "Medicare" or "Medicaid"; providing an exception for certain insurance agencies; amending s. 626.621, F.S.; adding grounds on which the department may take certain actions against a license, appointment, or application of certain insurance representatives; amending ss. 626.782 and 626.783, F.S.; revising the definitions of the terms "industrial class insurer" and "ordinary-combination class insurer," respectively, to conform to changes made by the act; repealing s. 626.796, F.S., relating to the representation of multiple insurers in the same industrial debit territory; amending s. 626.8443, F.S.; increasing the maximum period of suspension of a title insurance agent's or agency's license; amending s. 626.854, F.S.; revising the timeframes in which an insured or claimant may cancel a public adjuster's contract to adjust a claim without penalty or obligation; requiring public adjusters to include itemized information in loss estimates; providing that failure by the public adjuster to provide such information within a specified timeframe restores the insured's right to cancel the contract without penalty or obligation; amending s. 626.856, F.S.; revising the definition of the term "company employee adjuster"; amending s. 626.916, F.S.; revising the classes of insurance subject to a disclosure requirement before being eligible for export under the Surplus Lines Law; amending s. 626.9541, F.S.; adding certain acts or practices to the definition of the term "sliding"; amending s. 626.9741, F.S.; requiring an insurer to include certain additional information when providing an applicant or insured with certain credit report or score information; amending ss. 626.9957 and 627.062, F.S.; conforming cross-references; amending s. 627.421, F.S.; requiring personal lines residential property insurers to annually deliver certain notifications to certain policyholders within a specified timeframe; amending s. 627.502, F.S.; prohibiting life insurers from writing new policies of industrial life insurance beginning on a certain date; amending s. 627.70131, F.S.; providing that communication made to or by an insurer's representative, rather than to or by an insurer's agent, constitutes communication to or by the insurer; requiring an insurer-assigned licensed adjuster to provide the policyholder with certain information in certain investigations; specifying requirements for insurers in notifying policyholders of certain changes in assigned adjusters; requiring an insurer to establish a process to provide the agent of record access to claim status information for a certain purpose; defining the term "agent of record"; requiring insurers to include specified notices when providing preliminary or partial damage estimates or certain claim payments; specifying the timeframe in which an insurer must pay or deny property insurance claims under certain circumstances; providing applicability; conforming provisions to changes made by the act; creating s. 627.7031, F.S.; prohibiting foreign venue clauses in certain property insurance policies; providing applicability; amending s. 627.7142, F.S.; revising information contained in the Homeowner Claims Bill of Rights; conforming provisions to changes made by the act; reviving, reenacting, and amending s. 627.715, F.S.; extending the expiration date for provisions authorizing surplus lines agents to export flood coverage contracts or endorsements to insurers without seeking such coverage from specified entities; amending s. 631.57, F.S.; deleting a deductible on the Florida Insurance Guaranty Association's obligation relating to certain covered claims; amending s. 648.30, F.S.; prohibiting the aiding or abetting of unlicensed activity of a bail bond agent or temporary bail bond agent; providing penalties; amending ss. 717.124, 717.12404, 717.1315, and 717.1322, F.S.; conforming provisions to changes made by the act; amending s. 717.135, F.S.; replacing provisions relating to powers of attorney to recover unclaimed property with provisions relating to uniform forms for unclaimed property recovery agreements and purchase agreements; requiring the department to adopt the uniform forms by rule; specifying required information and disclosures in the forms; requiring that, for the purchase agreement form, proof the seller received payment be filed with the department along with the claim; requiring registered claimant's representatives to use the forms as the exclusive means of engaging with a claimant or seller to file claims and prohibiting them from using or distributing other agreements; specifying a limitation on fees and costs owed or paid; authorizing additional maximum total dollar fee and cost amounts for probated estate claimants; prohibiting certain language in the forms; authorizing the department to pay additional accounts owned by the claimant under certain circumstances; providing construction; repealing s. 717.1351, F.S., relating to the acquisition of unclaimed property; providing effective dates.

AI Summary

This bill relates to consumer protection. It amends various provisions in Florida law to: - Revise requirements for electronic signatures on salvage certificates of title, prohibit consumer reporting agencies from charging to reissue a new personal identifier, and increase administrative penalties for entities that fail to respond to consumer complaints. - Prohibit unlicensed activity by adjusting firms, with some exceptions, and impose penalties for aiding or abetting unlicensed activity. - Authorize the Department of Financial Services to disapprove insurance agency names containing "Medicare" or "Medicaid" and add new grounds for disciplining insurance representatives. - Revise the definition of "industrial class insurer" and repeal a provision related to representation of multiple insurers in the same industrial debit territory. - Increase the maximum suspension period for a title insurance agent's or agency's license and revise timelines and requirements for public adjusters. - Prohibit foreign venue clauses in certain property insurance policies, revise the Homeowner Claims Bill of Rights, and extend the expiration date for surplus lines agents to export flood coverage. - Make various other changes related to insurance, unclaimed property, and bail bond agents.

Committee Categories

Budget and Finance, Business and Industry

Sponsors (1)

Other Sponsors (2)

Commerce Committee (House), Insurance and Banking Subcommittee (House)

Last Action

Died on Calendar (on 03/14/2020)

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