Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1950
       
       
       
       
       
       
                                Barcode 627632                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 17/AD/2R         .                                
             04/27/2009 05:46 PM       .                                
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       Senator Baker moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 966 and 967
    4  insert:
    5         Section 3. Subsection (13) is added to section 626.854,
    6  Florida Statutes, to read:
    7         626.854 “Public adjuster” defined; prohibitions.—The
    8  Legislature finds that it is necessary for the protection of the
    9  public to regulate public insurance adjusters and to prevent the
   10  unauthorized practice of law.
   11         (13)A public adjuster, public adjuster apprentice, or any
   12  person acting on behalf of a public adjuster or apprentice may
   13  not accept referrals of business from any person with whom the
   14  public adjuster conducts business if there is any form or manner
   15  of agreement to compensate the person, whether directly or
   16  indirectly, for referring business to the public adjuster. A
   17  public adjuster may not compensate any person, except for
   18  another public adjuster, whether directly or indirectly, for the
   19  principal purpose of referring business to the public adjuster.
   20  
   21  The provisions of subsections (5)-(13) subsections (5)-(12)
   22  apply only to residential property insurance policies and
   23  condominium association policies as defined in s. 718.111(11).
   24         Section 4. Subsection (7) is added to section 627.7011,
   25  Florida Statutes, to read:
   26         627.7011 Homeowners’ policies; offer of replacement cost
   27  coverage and law and ordinance coverage.—
   28         (7)This section does not prohibit an insurer from
   29  exercising its right to repair damaged property in compliance
   30  with its policy and s. 627.702(7).
   31         Section 5. Subsection (1) of section 626.865, Florida
   32  Statutes, is amended to read:
   33         626.865 Public adjuster’s qualifications, bond.—
   34         (1) The department shall issue a license to an applicant
   35  for a public adjuster’s license upon determining that the
   36  applicant has paid the applicable fees specified in s. 624.501
   37  and possesses the following qualifications:
   38         (a) Is a natural person at least 18 years of age.
   39         (b) Is a United States citizen or legal alien who possesses
   40  work authorization from the United States Bureau of Citizenship
   41  and Immigration Services and a bona fide resident of this state.
   42         (c) Is trustworthy and has such business reputation as
   43  would reasonably assure that the applicant will conduct his or
   44  her business as insurance adjuster fairly and in good faith and
   45  without detriment to the public.
   46         (d) Has had sufficient experience, training, or instruction
   47  concerning the adjusting of damages or losses under insurance
   48  contracts, other than life and annuity contracts, is
   49  sufficiently informed as to the terms and effects of the
   50  provisions of those types of insurance contracts, and possesses
   51  adequate knowledge of the laws of this state relating to such
   52  contracts as to enable and qualify him or her to engage in the
   53  business of insurance adjuster fairly and without injury to the
   54  public or any member thereof with whom the applicant may have
   55  business as a public adjuster.
   56         (e)Has passed the required written examination.
   57         Section 6. Section 626.8651, Florida Statutes, is amended
   58  to read:
   59         626.8651 Public adjuster apprentice license;
   60  qualifications.—
   61         (1) The department shall issue a license as a public
   62  adjuster apprentice to an applicant who is:
   63         (a) A natural person at least 18 years of age.
   64         (b) A United States citizen or legal alien who possesses
   65  work authorization from the United States Bureau of Citizenship
   66  and Immigration Services and is a resident of this state.
   67         (c) Trustworthy and has such business reputation as would
   68  reasonably ensure that the applicant will conduct business as a
   69  public adjuster apprentice fairly and in good faith and without
   70  detriment to the public.
   71         (2) All applicable license fees, as prescribed in s.
   72  624.501, must be paid in full before issuance of the license.
   73         (3) An applicant must pass the required written examination
   74  before a license may be issued.
   75         (4)An applicant must have received designation as an
   76  Accredited Claims Adjuster (ACA) after completion of training
   77  that qualifies the applicant to engage in the business of a
   78  public adjuster apprentice fairly and without injury to the
   79  public. Such training and instruction must address adjusting
   80  damages and losses under insurance contracts, the terms and
   81  effects of insurance contracts, and knowledge of the laws of
   82  this state relating to insurance contracts.
   83         (5) At the time of application for license as a public
   84  adjuster apprentice, the applicant shall file with the
   85  department a bond executed and issued by a surety insurer
   86  authorized to transact such business in this state in the amount
   87  of $50,000, conditioned upon the faithful performance of his or
   88  her duties as a public adjuster apprentice under the license for
   89  which the applicant has applied, and thereafter maintain the
   90  bond unimpaired throughout the existence of the license and for
   91  at least 1 year after termination of the license. The bond shall
   92  be in favor of the department and shall specifically authorize
   93  recovery by the department of the damages sustained in case the
   94  licensee commits fraud or unfair practices in connection with
   95  his or her business as a public adjuster apprentice. The
   96  aggregate liability of the surety for all such damages may not
   97  exceed the amount of the bond, and the bond may not be
   98  terminated by the issuing insurer unless written notice of at
   99  least 30 days is given to the licensee and filed with the
  100  department.
  101         (6)(4) A public adjuster apprentice shall complete at a
  102  minimum 100 hours of employment per month for 12 months of
  103  employment under the supervision of a licensed and appointed
  104  all-lines public adjuster in order to qualify for licensure as a
  105  public adjuster. The department may adopt rules that establish
  106  standards for such employment requirements.
  107         (7)(5)An appointing public adjusting firm may not maintain
  108  more than 12 public adjuster apprentices simultaneously.
  109  However, a supervising public adjuster may not shall be
  110  responsible for more than 3 public adjuster apprentices
  111  simultaneously and shall be accountable for the acts of all a
  112  public adjuster apprentices apprentice which are related to
  113  transacting business as a public adjuster apprentice.
  114         (8)(6) An apprentice license is effective for 18 months
  115  unless the license expires due to lack of maintaining an
  116  appointment; is surrendered by the licensee; is terminated,
  117  suspended, or revoked by the department; or is canceled by the
  118  department upon issuance of a public adjuster license. The
  119  department may not issue a public adjuster apprentice license to
  120  any individual who has held such a license in this state within
  121  2 years after expiration, surrender, termination, revocation, or
  122  cancellation of the license.
  123         (9)(7) After completing the requirements for employment as
  124  a public adjuster apprentice, the licensee may file an
  125  application for a public adjuster license. The applicant and
  126  supervising public adjuster or public adjusting firm must each
  127  file a sworn affidavit, on a form prescribed by the department,
  128  verifying that the employment of the public adjuster apprentice
  129  meets the requirements of this section.
  130         (10)(8) In no event shall a public adjuster apprentice
  131  licensed under this section perform any of the functions for
  132  which a public adjuster’s license is required after expiration
  133  of the public adjuster apprentice license without having
  134  obtained a public adjuster license.
  135         (11)(9) A public adjuster apprentice has the same authority
  136  as the licensed public adjuster or public adjusting firm that
  137  employs the apprentice except that an apprentice may not execute
  138  contracts for the services of a public adjuster or public
  139  adjusting firm and may not solicit contracts for the services
  140  except under the direct supervision and guidance of the
  141  supervisory public adjuster. An individual may not be, act as,
  142  or hold himself or herself out to be a public adjuster
  143  apprentice unless the individual is licensed and holds a current
  144  appointment by a licensed public all-lines adjuster or a public
  145  adjusting firm that employs a licensed all-lines public
  146  adjuster.
  147  
  148  ================= T I T L E  A M E N D M E N T ================
  149         And the title is amended as follows:
  150         Delete line 44
  151  and insert:
  152  the Legislative Budget Commission; amending s. 626.854, F.S.;
  153  prohibiting a public adjuster from accepting referrals for
  154  compensation from a person with whom the public adjuster
  155  conducts business; prohibiting a public adjuster from
  156  compensating a person other than a public adjuster for
  157  referrals; amending s. 627.7011, F.S.; providing that an insurer
  158  may repair damaged property in compliance with its policy;
  159  amending s. 626.865, F.S.; deleting a requirement that an
  160  applicant for a license as a public adjuster pass a written
  161  examination as a prerequisite to licensure; amending s.
  162  626.8651, F.S.; requiring an applicant for a public adjuster
  163  apprentice license to pass a written exam and receive an
  164  Accredited Claims Adjuster designation and related training
  165  before licensure; limiting the number of public adjuster
  166  apprentices that may be maintained by a single public adjusting
  167  firm or supervised by a public adjuster; amending s.