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Florida Statute 489.147 | Lawyer Caselaw & Research
F.S. 489.147 Case Law from Google Scholar
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The 2023 Florida Statutes

Chapter 489
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F.S. 489.147
489.147 Prohibited property insurance practices.
(1) As used in this section, the term:
(a) “Prohibited advertisement” means any written or electronic communication by a contractor which encourages, instructs, or induces a consumer to contact a contractor or public adjuster for the purpose of making an insurance claim for roof damage, if such communication does not state in a font size of at least 12 points and at least half as large as the largest font size used in the communication that:
1. The consumer is responsible for payment of any insurance deductible;
2. It is insurance fraud punishable as a felony of the third degree for a contractor to knowingly or willfully, and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor for repairs to a property covered by a property insurance policy; and
3. It is insurance fraud punishable as a felony of the third degree to intentionally file an insurance claim containing any false, incomplete, or misleading information.

The term includes, but is not limited to, door hangers, business cards, magnets, flyers, pamphlets, and e-mails.

(b) “Soliciting” means contacting:
1. In person;
2. By electronic means, including, but not limited to, e-mail, telephone, and any other real-time communication directed to a specific person; or
3. By delivery to a specific person.
(2) A contractor may not directly or indirectly engage in any of the following practices:
(a) Soliciting a residential property owner by means of a prohibited advertisement.
(b) Offering to a residential property owner a rebate, gift, gift card, cash, coupon, waiver of any insurance deductible, or any other thing of value in exchange for:
1. Allowing the contractor to conduct an inspection of the residential property owner’s roof; or
2. Making an insurance claim for damage to the residential property owner’s roof.
(c) Offering, delivering, receiving, or accepting any compensation, inducement, or reward, for the referral of any services for which property insurance proceeds are payable. Payment by the residential property owner or insurance company to a contractor for roofing services rendered does not constitute compensation for a referral.
(d) Interpreting policy provisions or advising an insured regarding coverages or duties under the insured’s property insurance policy or adjusting a property insurance claim on behalf of the insured, unless the contractor holds a license as a public adjuster pursuant to part VI of chapter 626.
(e) Providing an insured with an agreement authorizing repairs without providing a good faith estimate of the itemized and detailed cost of services and materials for repairs undertaken pursuant to a property insurance claim. A contractor does not violate this paragraph if, as a result of the process of the insurer adjusting a claim, the actual cost of repairs differs from the initial estimate.
(3) A contractor who violates this section is subject to disciplinary proceedings as set forth in s. 489.129. A contractor may receive up to a $10,000 fine for each violation of this section.
(4) For the purposes of this section:
(a) The acts of any person on behalf of a contractor, including, but not limited to, the acts of a compensated employee or a nonemployee who is compensated for soliciting, shall be considered the actions of the contractor.
(b) An unlicensed person who engages in an act prohibited by this section is guilty of unlicensed contracting and is subject to the penalties set forth in s. 489.13. Notwithstanding s. 489.13(3), an unlicensed person who violates this section may be fined up to $10,000 for each violation.
(5) A contractor may not execute a contract with a residential property owner to repair or replace a roof without including a notice that the contractor may not engage in the practices set forth in paragraph (2)(b). If the contractor fails to include such notice, the residential property owner may void the contract within 10 days after executing it.
History.s. 1, ch. 2021-77; s. 5, ch. 2022-268.

F.S. 489.147 on Google Scholar

F.S. 489.147 on Casetext

Amendments to 489.147

Arrestable Offenses / Crimes under Fla. Stat. 489.147
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.147.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Plaintiff has argued in its papers and at the hearing that section 489.147( 4)(b), which prohibits any "unlicensed person" from engaging in acts prohibited by section 489.147, can plausibly be read to prohibit covered speech by any member of the general public in Florida. For example, in the wake of a damaging hurricane, one need not fear a $10,000 fine or criminal prosecution for engaging in "unlicensed contracting" in the event she orally encourages her neighbor to contact a roofer for the purpose of filing an insurance claim. However, Plaintiff argues, based on the plain language of the new law, the same may not be true if that individual calls, texts, or emails her neighbor to communicate the same message via "electronic communication." While this Court understands Plaintiff's argument, the statute could also be read to prohibit actors who already engage in "unlicensed contracting," under section 489.13(1), from engaging in additional prohibited acts set out in section 489.147. In other words, the challenged law may be read to expand the scope of what constitutes "unlicensed contracting," in the context of how "unlicensed contracting" has already…

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