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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
1
An act relating to consumer protection; amending s. 2
212.134, F.S.; defining terms; revising requirements 3
for payment settlement entities, or their electronic 4
payment facilitators or contracted third parties, in 5
submitting information returns to the Department of 6
Revenue; specifying requirements for third party 7
settlement organizations that conduct certain 8
transactions; amending s. 489.147, F.S.; defining a 9
term; authorizing a residential property owner to 10
cancel contracts to replace or repair a roof without 11
penalty or obligation within a specified timeframe 12
under certain circumstances; requiring contractors to 13
include a notice in the contracts with residential 14
property owners under certain circumstances; providing 15
requirements for notices of contract cancellation; 16
amending s. 559.9611, F.S.; revising the definition of 17
the term "depository institution"; amending s. 18
624.424, F.S.; providing requirements for certain 19
insurers' accountants; amending s. 626.8796, F.S.; 20
revising the content of certain public adjuster 21
contracts; amending s. 627.43141, F.S.; providing 22
requirements for certain notice of change in insurance 23
renewal policy terms; amending s. 627.6426, F.S.; 24
revising the disclosure requirements of contracts for 25
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short-term health insurance; amending s. 627.70132, 26
F.S.; providing requirements for notices of claims for 27
loss assessment coverage; providing dates of loss; 28
amending s. 791.01, F.S.; revising the defini tion of 29
the term "fireworks"; amending s. 791.012, F.S.; 30
updating the source of the code for outdoor display of 31
fireworks; providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Section 212.134, Florida Statutes, is amended 36
to read: 37
212.134 Information returns relating to payment -card and 38
third party third-party network transactions. — 39
(1) As used in this section, the term: 40
(a) "Participating payee" has the same meaning as in s. 41
6050W of the Interna l Revenue Code. 42
(b) "Return" or "information return" means the Form 1099 -K 43
required under s. 6050W of the Internal Revenue Code. 44
(c) "Third party network transaction" has the same meaning 45
as in s. 6050W of the Internal Revenue Code. 46
(d) "Third party settlement organization" has the same 47
meaning as in s. 6050W of the Internal Revenue Code. 48
(2) For each year in which a payment settlement entity, an 49
electronic payment facilitator, or other third party contracted 50
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with the payment settlement entity to ma ke payments to settle 51
reportable payment transactions on behalf of the payment 52
settlement entity must file a return pursuant to s. 6050W of the 53
Internal Revenue Code, for participating payees with an address 54
in this state, the entity, the facilitator, or t he third party 55
must submit the information in the return to the department by 56
the 30th day after filing the federal return. The format of the 57
information returns required must be either a copy of such 58
information returns or a copy of such information retur ns 59
related to participating payees with an address in the state. 60
For purposes of this subsection, the term "payment settlement 61
entity" has the same meaning as provided in s. 6050W of the 62
Internal Revenue Code. 63
(3)(2) All reports of returns submitted to the department 64
under this section must be in an electronic format. 65
(4)(3) Any payment settlement entity, facilitator, or 66
third party failing to file the information return required, 67
filing an incomplete information return, or not filing an 68
information return within the time prescribed is subject to a 69
penalty of $1,000 for each failure, if the failure is for not 70
more than 30 days, with an additional $1,000 for each month or 71
fraction of a month during which each failure continues. The 72
total amount of penalty imposed on a reporting entity may not 73
exceed $10,000 annually. 74
(5)(4) The executive director or his or her designee may 75
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waive the penalty if he or she determines that the failure to 76
timely file an information return was due to reasonable cause 77
and not due to willful negligence, willful neglect, or fraud. 78
(6) All third party settlement organizations that conduct 79
transactions involving a participating payee with an address in 80
this state and that have a contractual obligation with such 81
participating payee to make payment to the organizations shall 82
create a mechanism for senders of payments to identify whether a 83
payment to a payee is for goods and services or is personal. The 84
mechanism must clearly indicate the sender's requirement to 85
indicate the appropria te transaction type. The sender of the 86
payment is responsible for indicating the appropriate 87
transaction type. All third party settlement organizations shall 88
maintain records that clearly identify whether a transaction, as 89
designated by the sender of the p ayment, is a transaction for 90
goods and services or is personal. The information in the return 91
submitted to the department under subsection (2) for such 92
entities must be limited to transactions for goods and services. 93
(7) Notwithstanding this section, subsection (6) does not 94
apply to a third party settlement organization if a contractual 95
agreement or arrangement to provide a third party payment 96
network to a participating payee requires the third party 97
settlement organization solely to settle third party network 98
transactions for the provision of goods and services. 99
Section 2. Paragraph (b) of subsection (1) of section 100
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489.147, Florida Statutes, is redesignated as paragraph (c), a 101
new paragraph (b) is added to that su bsection, and subsection 102
(6) is added to that section, to read: 103
489.147 Prohibited property insurance practices ; contract 104
requirements.— 105
(1) As used in this section, the term: 106
(b) "Residential property owner" means the person who 107
holds the legal titl e to the residential real property that is 108
subject of and directly impacted by the action of a governmental 109
entity. The term does not include a governmental entity. 110
(6)(a) A residential property owner may cancel a contract 111
to replace or repair a roof wit hout penalty or obligation within 112
10 days after the execution of the contract or by the official 113
start date, whichever comes first, if the contract was entered 114
into based on events that are subject of a declaration of a 115
state of emergency by the Governor. For the purposes of this 116
subsection, the official start date is the date on which work 117
that includes the installation of materials that will be 118
included in the final work on the roof commences, a final permit 119
has been issued, or a temporary repair to the r oof covering or 120
roof has been made in compliance with the Florida Building Code.121
(b) A contractor executing a contract during a declaration 122
of a state of emergency to replace or repair a roof of a 123
residential property must include or add as an attachment to the 124
contract the following language, in bold type of not less than 125
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18 points, immediately before the space reserved for the 126
signature of the residential property owner: 127
128
"You, the residential property owner, may cancel this contract 129
without penalty or o bligation within 10 days after the execution 130
of the contract or by the official start date, whichever comes 131
first, because this contract was entered into during a state of 132
emergency by the Governor. The official start date is the date 133
on which work that in cludes the installation of materials that 134
will be included in the final work on the roof commences, a 135
final permit has been issued, or a temporary repair to the roof 136
covering or roof system has been made in compliance with the 137
Florida Building Code." 138
139
(c) The residential property owner must send the notice of 140
cancellation by certified mail, return receipt requested, or 141
other form of mailing that provides proof thereof, at the 142
address specified in the contract. 143
Section 3. Subsection (9) of section 559 .9611, Florida 144
Statutes, is amended to read: 145
559.9611 Definitions. —As used in this part, the term: 146
(9) "Depository institution" means a bank, a credit union, 147
a savings bank, a savings and loan association, a savings or 148
thrift association, or an industr ial loan company doing business 149
under the authority of a charter issued by the United States, 150
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this state, or any other state, district, territory, or 151
commonwealth of the United States which is authorized to 152
transact business in this state and whose deposits or share 153
accounts are insured by the Federal Deposit Insurance 154
Corporation or the National Credit Union Share Insurance Fund 155
Florida state-chartered bank, savings bank, credit union, or 156
trust company, or a federal savings or thrift association, bank, 157
credit union, savings bank, or thrift . 158
Section 4. Paragraph (d) of subsection (8) of section 159
624.424, Florida Statutes, is amended to read: 160
624.424 Annual statement and other information. — 161
(8) 162
(d) Upon creation of the continuing education required 163
under this paragraph, the certified public accountant that 164
prepares the audit must be licensed to practice pursuant to 165
chapter 473 and must have completed at least 4 hours of 166
insurance-related continuing education during each 2 -year 167
continuing education cycl e. An insurer may not use the same 168
accountant or partner of an accounting firm responsible for 169
preparing the report required by this subsection for more than 5 170
consecutive years. Following this period, the insurer may not 171
use such accountant or partner for a period of 5 years, but may 172
use another accountant or partner of the same firm. An insurer 173
may request the office to waive this prohibition based upon an 174
unusual hardship to the insurer and a determination that the 175
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accountant is exercising independent judgment that is not unduly 176
influenced by the insurer considering such factors as the number 177
of partners, expertise of the partners or the number of 178
insurance clients of the accounting firm; the premium volume of 179
the insurer; and the number of jurisdictions in which the 180
insurer transacts business. 181
Section 5. Subsection (2) of section 626.8796, Florida 182
Statutes, is amended to read: 183
626.8796 Public adjuster contracts; disclosure statement; 184
fraud statement.— 185
(2) A public adjuster contract relating to a property and 186
casualty claim must contain the full name, permanent business 187
address, phone number, e -mail address, and license number of the 188
public adjuster; the full name and license number of the public 189
adjusting firm; and the insured's full name, street address, 190
phone number, and e-mail address, together with a brief 191
description of the loss. The contract must state the percentage 192
of compensation for the public adjuster's services in minimum 193
18-point bold type before the sp ace reserved in the contract for 194
the signature of the insured; the type of claim, including an 195
emergency claim, nonemergency claim, or supplemental claim; the 196
initials of the named insured on each page that does not contain 197
the insured's signature; the sig natures of the public adjuster 198
and all named insureds; and the signature date. If all of the 199
named insureds' signatures are not available, the public 200
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adjuster must submit an affidavit signed by the available named 201
insureds attesting that they have authorit y to enter into the 202
contract and settle all claim issues on behalf of the named 203
insureds. An unaltered copy of the executed contract must be 204
remitted to the insured at the time of execution and to the 205
insurer, or the insurer's representative within 7 days after 206
execution. A public adjusting firm that adjusts claims primarily 207
for commercial entities with operations in more than one state 208
and that does not directly or indirectly perform adjusting 209
services for insurers or individual homeowners is deemed to 210
comply with the requirements of this subsection if, at the time 211
a proof of loss is submitted, the public adjusting firm remits 212
to the insurer an affidavit signed by the public adjuster or 213
public adjuster apprentice that identifies: 214
(a) The full name, perman ent business address, phone 215
number, e-mail address, and license number of the public 216
adjuster or public adjuster apprentice. 217
(b) The full name of the public adjusting firm. 218
(c) The insured's full name, street address, phone number, 219
and e-mail address, together with a brief description of the 220
loss. 221
(d) An attestation that the compensation for public 222
adjusting services will not exceed the limitations provided by 223
law. 224
(e) The type of claim, including an emergency claim, 225
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nonemergency claim, or supplemen tal claim. 226
Section 6. Subsection (2) of section 627.43141, Florida 227
Statutes, is amended to read: 228
627.43141 Notice of change in policy terms. — 229
(2) A renewal policy may contain a change in policy terms. 230
If such change occurs, the insurer shall give t he named insured 231
advance written notice summarizing the change, which may be 232
enclosed in along with the written notice of renewal premium 233
required under ss. 627.4133 and 627.728 or sent separately 234
within the timeframe required under the Florida Insurance C ode 235
for the provision of a notice of nonrenewal to the named insured 236
for that line of insurance. The insurer must also provide a 237
sample copy of the notice to the named insured's insurance agent 238
before or at the same time that notice is provided to the name d 239
insured. Such notice shall be entitled "Notice of Change in 240
Policy Terms." Beginning January 1, 2025, the notice must be in 241
bold type of not less than 14 points and must be included as a 242
single page or consecutive pages, as necessary, within the 243
written notice. 244
Section 7. Section 627.6426, Florida Statutes, is amended 245
to read: 246
627.6426 Short-term health insurance. — 247
(1) For purposes of this part, the term "short -term health 248
insurance" means health insurance coverage provided by an issuer 249
with an expiration date specified in the contract that is less 250
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than 12 months after the original effective date of the contract 251
and, taking into account renewals or extensions, has a duration 252
not to exceed 36 months in total. 253
(2) All contracts for short -term health insurance entered 254
into by an issuer and an individual seeking coverage shall 255
include the following written disclosures signed by the 256
purchaser at the time of purchase disclosure: 257
(a) The following statement: 258
259
"This coverage is not required to comply with certain federal 260
market requirements for health insurance, principally those 261
contained in the Patient Protection and Affordable Care Act. Be 262
sure to check your policy carefully to make sure you are aware 263
of any exclusions or limitations regardi ng coverage of 264
preexisting conditions or health benefits (such as 265
hospitalization, emergency services, maternity care, preventive 266
care, prescription drugs, and mental health and substance use 267
disorder services). Your policy might also have lifetime and/or 268
annual dollar limits on health benefits. If this coverage 269
expires or you lose eligibility for this coverage, you might 270
have to wait until an open enrollment period to get other health 271
insurance coverage." 272
273
(b) The following information: 274
1. The duration of the contract, including any waiting 275
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period. 276
2. Any essential health benefit under 42 U.S.C. s. 277
18022(b) that the contract does not provide. 278
3. The content of coverage. 279
4. Any exclusion of preexisting conditions. 280
(3) The disclosures required in subsection (2) must be 281
printed in no less than 12 -point type and in a color that is 282
readable. A copy of the signed disclosures must be maintained by 283
the issuer for a period of 5 years after the date of purchase. 284
(4) Disclosures provided by electronic mea ns must meet the 285
requirements of subsection (2). 286
Section 8. Subsection (4) of section 627.70132, Florida 287
Statutes, is renumbered as subsection (5), and a new subsection 288
(4) is added to that section to read: 289
627.70132 Notice of property insurance clai m.— 290
(4)(a) A notice of claim for loss assessment coverage 291
under s. 627.714 may not occur later than 3 years after the date 292
of loss and must be provided to the insurer the later of: 293
1. Within 1 year after the date of loss; or 294
2. Within 90 days after t he date on which the condominium 295
association or its governing board votes to levy an assessment 296
resulting from a covered loss. 297
(b) For purposes of this subsection, the date of loss is 298
the date of the covered loss event that created the need for an 299
assessment. 300
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Section 9. Paragraph (a) of subsection (4) of section 301
791.01, Florida Statutes, is amended to read: 302
791.01 Definitions. —As used in this chapter, the term: 303
(4)(a) "Fireworks" means and includes any combustible or 304
explosive composition or subst ance or combination of substances 305
or, except as hereinafter provided, any article prepared for the 306
purpose of producing a visible or audible effect by combustion, 307
explosion, deflagration, or detonation. The term includes blank 308
cartridges and toy cannons in which explosives are used, the 309
type of balloons which require fire underneath to propel them, 310
firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, 311
and any fireworks containing any explosives or flammable 312
compound or any tablets or other device containing any explosive 313
substance. 314
Section 10. Section 791.012, Florida Statutes, is amended 315
to read: 316
791.012 Minimum fireworks safety standards. —The outdoor 317
display of fireworks in this state shall be governed by the 318
National Fire Protection Associ ation (NFPA) 1123, Code for 319
Fireworks Display, 2018 1995 Edition, approved by the American 320
National Standards Institute . Any state, county, or municipal 321
law, rule, or ordinance may provide for more stringent 322
regulations for the outdoor display of fireworks , but in no 323
event may any such law, rule, or ordinance provide for less 324
stringent regulations for the outdoor display of fireworks. The 325
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division shall promulgate rules to carry out the provisions of 326
this section. The Code for Fireworks Display shall not go vern 327
the display of any fireworks on private, residential property 328
and shall not govern the display of those items included under 329
s. 791.01(4)(b) and (c) and authorized for sale thereunder. 330
Section 11. This act shall take effect July 1, 2024. 331