Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 714
       
       
       
       
       
       
                                Ì548022wÎ548022                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2019           .                                
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       The Committee on Banking and Insurance (Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (738068) (with title
    2  amendment)
    3  
    4         Delete lines 30 - 38
    5  and insert:
    6         Section 2. Subsection (3) of section 624.155, Florida
    7  Statutes, is amended to read:
    8         624.155 Civil remedy.—
    9         (3)(a) As a condition precedent to bringing an action under
   10  this section, the department and the authorized insurer must
   11  have been given 60 days’ written notice of the violation. If the
   12  department returns a notice for lack of specificity, the 60-day
   13  time period shall not begin until a proper notice is filed.
   14         (b) The notice shall be on a form provided by the
   15  department and shall state with specificity the following
   16  information, and such other information as the department may
   17  require:
   18         1. The statutory provision, including the specific language
   19  of the statute, which the authorized insurer allegedly violated.
   20         2. The facts and circumstances giving rise to the
   21  violation.
   22         3. The name of any individual involved in the violation.
   23         4. Reference to specific policy language that is relevant
   24  to the violation, if any. If the person bringing the civil
   25  action is a third party claimant, she or he shall not be
   26  required to reference the specific policy language if the
   27  authorized insurer has not provided a copy of the policy to the
   28  third party claimant pursuant to written request.
   29         5. A statement that the notice is given in order to perfect
   30  the right to pursue the civil remedy authorized by this section.
   31         (c) Within 20 days of receipt of the notice, the department
   32  may return any notice that does not provide the specific
   33  information required by this section, and the department shall
   34  indicate the specific deficiencies contained in the notice. A
   35  determination by the department to return a notice for lack of
   36  specificity shall be exempt from the requirements of chapter
   37  120.
   38         (c)(d) No action shall lie if, within 60 days after filing
   39  notice, the damages are paid or the circumstances giving rise to
   40  the violation are corrected.
   41         (d)(e) The authorized insurer that is the recipient of a
   42  notice filed pursuant to this section shall report to the
   43  department on the disposition of the alleged violation.
   44         (e)(f) The applicable statute of limitations for an action
   45  under this section shall be tolled for a period of 65 days by
   46  the mailing of the notice required by this subsection or the
   47  mailing of a subsequent notice required by this subsection.
   48         (f) A notice required under this subsection may not be
   49  filed within 60 days after appraisal is invoked by any party in
   50  a residential property insurance claim.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete lines 3 - 5
   55  and insert:
   56         amending s. 624.155, F.S.; deleting a provision that
   57         tolls, under certain circumstances, a period before a
   58         civil action against an insurer may be brought;
   59         deleting a provision authorizing the Department of
   60         Financial Services to return a civil remedy notice for
   61         lack of specificity; prohibiting the filing of the
   62         notice within a certain timeframe under certain
   63         circumstances; amending s. 626.9541, F.S.;