Florida Senate - 2017                              CS for SB 922
       
       
        
       By the Committee on Banking and Insurance; and Senator Garcia
       
       
       
       
       
       597-03359-17                                           2017922c1
    1                        A bill to be entitled                      
    2         An act relating to insurance adjusters; amending s.
    3         624.501, F.S.; deleting a fee for an original or
    4         renewal license for an adjusting firm; amending s.
    5         626.015, F.S.; conforming a cross-reference; amending
    6         s. 626.022, F.S.; revising applicability of the
    7         Licensing Procedures Law to include adjusting firms;
    8         amending s. 626.112, F.S.; prohibiting certain
    9         entities from acting as insurance adjusting firms
   10         without specified licenses; providing an exemption;
   11         providing construction; specifying that an unlicensed
   12         firm is subject to a certain administrative penalty;
   13         deleting a requirement for the Department of Financial
   14         Services to automatically convert a certain
   15         registration to an insurance agency license as of a
   16         certain date; amending s. 626.854, F.S.; redefining
   17         the term “public adjuster”; deleting a certain
   18         prohibited act of a public adjuster; deleting a
   19         provision specifying the method for an insured or
   20         claimant to provide certain notice to an insurer;
   21         providing construction relating to certain limitations
   22         on insurance claim payments and public adjuster
   23         compensation; revising a prohibition against certain
   24         entities relating to a contract or power of attorney
   25         that vests certain authority in a property insurance
   26         claim; conforming a cross-reference; prohibiting
   27         persons from conducting certain activities relating to
   28         insurance claims; providing an exception for attorneys
   29         and public adjusters; repealing s. 626.8541, F.S.,
   30         relating to public adjuster apprentices; amending s.
   31         626.8548, F.S.; redefining the term “all-lines
   32         adjuster”; creating s. 626.8561, F.S.; defining the
   33         term “public adjuster apprentice”; amending s.
   34         626.8584, F.S.; redefining the term “nonresident all
   35         lines adjuster”; amending s. 626.861, F.S.; revising
   36         construction relating to employees of an insurer;
   37         amending s. 626.864, F.S.; revising the permissible
   38         appointments of all-lines adjusters; amending s.
   39         626.865, F.S.; revising the qualifications for
   40         licensure for public adjusters; amending s. 626.8651,
   41         F.S.; requiring public adjuster apprentices to be
   42         appointed, rather than licensed, by the department;
   43         specifying qualifications for such appointments;
   44         revising requirements and limitations for public
   45         adjusting firms and public adjusters who supervise
   46         public adjuster apprentices; revising certain
   47         prohibited acts and exceptions to such acts of public
   48         adjuster apprentices; conforming provisions to changes
   49         made by the act; amending s. 626.8695, F.S.; revising
   50         requirements for designating primary adjusters;
   51         redefining the term “primary adjuster”; revising the
   52         accountability of a primary adjuster for persons under
   53         his or her supervision; revising a prohibition against
   54         an adjusting firm location conducting insurance
   55         business under certain circumstances; revising
   56         procedures for an adjusting firm to determine a
   57         person’s current licensure status; amending s.
   58         626.8696, F.S.; revising conditions for the issuance
   59         of an adjusting firm license; revising application
   60         requirements for such license; providing rulemaking
   61         authority of the department; prohibiting the
   62         department from requiring certain information on an
   63         application; providing for expiration of such license;
   64         repealing s. 626.872, F.S., relating to all-lines
   65         adjuster temporary licenses; amending s. 626.874,
   66         F.S.; revising conditions for the department to issue
   67         adjuster licenses in the event of catastrophes or
   68         emergencies; amending s. 626.875, F.S.; revising the
   69         minimum time period in a records retention requirement
   70         for adjusters; amending s. 626.876, F.S.; revising
   71         certain prohibitions relating to exclusive employment
   72         of public adjusters and all-lines adjusters and
   73         appointed independent adjusters; repealing s. 626.879,
   74         F.S., relating to pools of insurance adjusters;
   75         amending s. 626.9953, F.S.; conforming a cross
   76         reference; providing an effective date.
   77          
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Subsection (20) of section 624.501, Florida
   81  Statutes, is amended to read:
   82         624.501 Filing, license, appointment, and miscellaneous
   83  fees.—The department, commission, or office, as appropriate,
   84  shall collect in advance, and persons so served shall pay to it
   85  in advance, fees, licenses, and miscellaneous charges as
   86  follows:
   87         (20)Adjusting firm, original or renewal 3-year licens
   88  	$60.00
   89         Section 2. Subsection (1) of section 626.015, Florida
   90  Statutes, is amended to read:
   91         626.015 Definitions.—As used in this part:
   92         (1) “Adjuster” means a public adjuster as defined in s.
   93  626.854, a public adjuster apprentice as defined in s. 626.8541,
   94  or an all-lines adjuster as defined in s. 626.8548.
   95         Section 3. Subsection (1) of section 626.022, Florida
   96  Statutes, is amended to read:
   97         626.022 Scope of part.—
   98         (1) This part applies as to insurance agents, service
   99  representatives, adjusters, adjusting firms, and insurance
  100  agencies; as to any and all kinds of insurance; and as to stock
  101  insurers, mutual insurers, reciprocal insurers, and all other
  102  types of insurers, except that:
  103         (a) It does not apply as to reinsurance, except that ss.
  104  626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
  105  626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541
  106  626.591, and ss. 626.601-626.711 shall apply as to reinsurance
  107  intermediaries as defined in s. 626.7492.
  108         (b) The applicability of this chapter as to fraternal
  109  benefit societies shall be as provided in chapter 632.
  110         (c) It does not apply to a bail bond agent, as defined in
  111  s. 648.25, except as provided in chapter 648 or chapter 903.
  112         (d) This part does not apply to a certified public
  113  accountant licensed under chapter 473 who is acting within the
  114  scope of the practice of public accounting, as defined in s.
  115  473.302, provided that the activities of the certified public
  116  accountant are limited to advising a client of the necessity of
  117  obtaining insurance, the amount of insurance needed, or the line
  118  of coverage needed, and provided that the certified public
  119  accountant does not directly or indirectly receive or share in
  120  any commission or referral fee.
  121         Section 4. Subsection (7) of section 626.112, Florida
  122  Statutes, is amended to read:
  123         626.112 License and appointment required; agents, customer
  124  representatives, adjusters, insurance agencies, adjusting firms,
  125  service representatives, managing general agents.—
  126         (7)(a) An individual, firm, partnership, corporation,
  127  association, or other entity may shall not act in its own name
  128  or under a trade name, directly or indirectly, as an insurance
  129  agency unless it complies with s. 626.172 with respect to
  130  possessing an insurance agency license for each place of
  131  business at which it engages in an activity that may be
  132  performed only by a licensed insurance agent. However, an
  133  insurance agency that is owned and operated by a single licensed
  134  agent conducting business in his or her individual name and not
  135  employing or otherwise using the services of or appointing other
  136  licensees is shall be exempt from the agency licensing
  137  requirements of this subsection.
  138         (b) A branch place of business that is established by a
  139  licensed agency is considered a branch agency and is not
  140  required to be licensed so long as it transacts business under
  141  the same name and federal tax identification number as the
  142  licensed agency and has designated with the department a
  143  licensed agent in charge of the branch location as required by
  144  s. 626.0428 and the address and telephone number of the branch
  145  location have been submitted to the department for inclusion in
  146  the licensing record of the licensed agency within 30 days after
  147  insurance transactions begin at the branch location.
  148         (c)An individual, a firm, a partnership, a corporation, an
  149  association, or any other entity may not act in its own name or
  150  under a trade name, directly or indirectly, as an adjusting firm
  151  unless it possesses an adjusting firm license under s. 626.8696
  152  for each place of business at which it engages in an activity
  153  that may be performed only by a licensed adjuster. However, an
  154  insurance company authorized to transact insurance in this state
  155  which directly appoints adjusters, or an adjusting firm that is
  156  owned and operated by a single licensed adjuster who is
  157  conducting business in his or her individual name and who is not
  158  employing or otherwise using the services of or appointing other
  159  licensees, is exempt from the adjusting firm licensing
  160  requirements of this subsection.
  161         (d)A branch place of business that is established by a
  162  licensed adjusting firm is considered a branch firm and is not
  163  required to be licensed so long as:
  164         1.It transacts business under the same name and federal
  165  tax identification number as the licensed adjusting firm;
  166         2.It has designated with the department a licensed primary
  167  adjuster in charge of the branch firm as required by s.
  168  626.8695; and
  169         3.Within 30 days after insurance transactions begin at the
  170  branch firm, the address and telephone number of the branch firm
  171  are submitted to the department for inclusion in the licensing
  172  record of the licensed adjusting firm.
  173         (e)(c) If an agency or firm is required to be licensed but
  174  fails to file an application for licensure in accordance with
  175  this section, the department must shall impose on the agency or
  176  firm an administrative penalty of up to $2,500 for a first
  177  violation and up to $10,000 for any subsequent violation.
  178         (d)Effective October 1, 2015, the department must
  179  automatically convert the registration of an approved registered
  180  insurance agency to an insurance agency license.
  181         Section 5. Present subsections (7) through (19) of section
  182  626.854, Florida Statutes, are renumbered as subsections (6)
  183  through (18), respectively, subsection (1) and present
  184  subsections (6), (7), (11), (18), and (19) are amended, and a
  185  new subsection (19) is added to that section, to read:
  186         626.854 “Public adjuster” defined; prohibitions.—The
  187  Legislature finds that it is necessary for the protection of the
  188  public to regulate public insurance adjusters and to prevent the
  189  unauthorized practice of law.
  190         (1) A “public adjuster” is any person, except a duly
  191  licensed attorney at law as exempted under s. 626.860, who, for
  192  money, commission, or any other thing of value, directly or
  193  indirectly prepares, completes, or files an insurance claim form
  194  for an insured or third-party claimant or who, for money,
  195  commission, or any other thing of value, acts on behalf of, or
  196  aids an insured or third-party claimant in negotiating for or
  197  effecting the settlement of a claim or claims for loss or damage
  198  covered by an insurance contract or who advertises for
  199  employment as an adjuster of such claims. The term also includes
  200  any person who, for money, commission, or any other thing of
  201  value, directly or indirectly solicits, investigates, or adjusts
  202  such claims on behalf of a public adjuster, an insured, or a
  203  third-party claimant, unless such person is performing duties
  204  under another professional license.
  205         (6)A public adjuster may not directly or indirectly
  206  through any other person or entity initiate contact or engage in
  207  face-to-face or telephonic solicitation or enter into a contract
  208  with any insured or claimant under an insurance policy until at
  209  least 48 hours after the occurrence of an event that may be the
  210  subject of a claim under the insurance policy unless contact is
  211  initiated by the insured or claimant.
  212         (6)(7) An insured or claimant may cancel a public
  213  adjuster’s contract to adjust a claim without penalty or
  214  obligation within 3 business days after the date on which the
  215  contract is executed or within 3 business days after the date on
  216  which the insured or claimant has notified the insurer of the
  217  claim, by phone or in writing, whichever is later. The public
  218  adjuster’s contract must disclose to the insured or claimant his
  219  or her right to cancel the contract and advise the insured or
  220  claimant that notice of cancellation must be submitted in
  221  writing and sent by certified mail, return receipt requested, or
  222  other form of mailing that provides proof thereof, to the public
  223  adjuster at the address specified in the contract; provided,
  224  during any state of emergency as declared by the Governor and
  225  for 1 year after the date of loss, the insured or claimant has 5
  226  business days after the date on which the contract is executed
  227  to cancel a public adjuster’s contract.
  228         (10)(a)(11)(a) If a public adjuster enters into a contract
  229  with an insured or claimant to reopen a claim or file a
  230  supplemental claim that seeks additional payments for a claim
  231  that has been previously paid in part or in full or settled by
  232  the insurer, the public adjuster may not charge, agree to, or
  233  accept from any source compensation, payment, commission, fee,
  234  or any other thing of value based on a previous settlement or
  235  previous claim payments by the insurer for the same cause of
  236  loss. The charge, compensation, payment, commission, fee, or any
  237  other thing of value must be based only on the claim payments or
  238  settlement obtained through the work of the public adjuster
  239  after entering into the contract with the insured or claimant.
  240  Compensation for the reopened or supplemental claim may not
  241  exceed 20 percent of the reopened or supplemental claim payment.
  242  In no event shall the contracts described in this paragraph
  243  exceed the limitations in paragraph (b).
  244         (b) A public adjuster may not charge, agree to, or accept
  245  from any source compensation, payment, commission, fee, or any
  246  other thing of value in excess of:
  247         1. Ten percent of the amount of insurance claim payments
  248  made by the insurer for claims based on events that are the
  249  subject of a declaration of a state of emergency by the
  250  Governor. This provision applies to claims made during the year
  251  after the declaration of emergency. After that year, the
  252  limitations in subparagraph 2. apply.
  253         2. Twenty percent of the amount of insurance claim payments
  254  made by the insurer for claims that are not based on events that
  255  are the subject of a declaration of a state of emergency by the
  256  Governor.
  257         (c)Insurance claim payments made by the insurer do not
  258  include policy deductibles, and public adjuster compensation may
  259  not be based on the deductible portion of a claim.
  260         (d)(c) Any maneuver, shift, or device through which the
  261  limits on compensation set forth in this subsection are exceeded
  262  is a violation of this chapter punishable as provided under s.
  263  626.8698.
  264         (17)(18) A public adjuster, a public adjuster apprentice,
  265  or a person acting on behalf of an adjuster or apprentice may
  266  not enter into a contract or accept a power of attorney that
  267  vests in the public adjuster, the public adjuster apprentice, or
  268  the person acting on behalf of the adjuster or apprentice the
  269  effective authority to choose the persons or entities that will
  270  perform salvage, repair, or any other work in a property
  271  insurance claim.
  272         (18)(19) Subsections (5)-(17) (5)-(18) apply only to
  273  residential property insurance policies and condominium unit
  274  owner policies as described in s. 718.111(11).
  275         (19)Except as otherwise provided in this chapter, no
  276  person, except an attorney at law or a public adjuster, may for
  277  money, commission, or any other thing of value, directly or
  278  indirectly:
  279         (a)Prepare, complete, or file an insurance claim for an
  280  insured or a third-party claimant;
  281         (b)Act on behalf of or aid an insured or a third-party
  282  claimant in negotiating for or effecting the settlement of a
  283  claim for loss or damage covered by an insurance contract;
  284         (c)Advertise for employment as a public adjuster; or
  285         (d)Solicit, investigate, or adjust a claim on behalf of a
  286  public adjuster, an insured, or a third-party claimant.
  287         Section 6. Section 626.8541, Florida Statutes, is repealed.
  288         Section 7. Section 626.8548, Florida Statutes, is amended
  289  to read:
  290         626.8548 “All-lines adjuster” defined.—An “all-lines
  291  adjuster” is a person who, for money, commission, or any other
  292  thing of value, directly or indirectly is self-employed or
  293  employed by an insurer, a wholly owned subsidiary of an insurer,
  294  or an independent adjusting firm or other independent adjuster,
  295  and who undertakes on behalf of a public adjuster or an insurer
  296  or other insurers under common control or ownership to ascertain
  297  and determine the amount of any claim, loss, or damage payable
  298  under an insurance contract or undertakes to effect settlement
  299  of such claim, loss, or damage. The term also includes any
  300  person who, for money, commission, or any other thing of value,
  301  directly or indirectly solicits claims on behalf of a public
  302  adjuster, but does not include paid spokespersons used as part
  303  of a written or an electronic advertisement. The term does not
  304  apply to life insurance or annuity contracts.
  305         Section 8. Section 626.8561, Florida Statutes, is created
  306  to read:
  307         626.8561“Public adjuster apprentice” defined.—The term
  308  “public adjuster apprentice” means a person licensed as an all
  309  lines adjuster who:
  310         (1)Is appointed and employed or contracted by a public
  311  adjuster or a public adjusting firm;
  312         (2)Assists the public adjuster or public adjusting firm in
  313  ascertaining and determining the amount of any claim, loss, or
  314  damage payable under an insurance contract, or who undertakes to
  315  effect settlement of such claim, loss, or damage; and
  316         (3)Satisfies the requirements of s. 626.8651.
  317         Section 9. Subsection (3) of section 626.8584, Florida
  318  Statutes, is amended to read:
  319         626.8584 “Nonresident all-lines adjuster” defined.—A
  320  “nonresident all-lines adjuster” means a person who:
  321         (3) Is licensed as an all-lines adjuster and self-appointed
  322  or appointed and employed or contracted by an independent
  323  adjusting firm or other independent adjuster, by an insurer
  324  admitted to do business in this state or a wholly owned
  325  subsidiary of an insurer admitted to do business in this state,
  326  or by a public adjuster or a public adjusting firm other
  327  insurers under the common control or ownership of such insurer.
  328         Section 10. Subsection (1) of section 626.861, Florida
  329  Statutes, is amended to read:
  330         626.861 Insurer’s officers, insurer’s employees, reciprocal
  331  insurer’s representatives; adjustments by.—
  332         (1) Nothing in This part may not shall be construed to
  333  prevent an executive officer of any insurer, an or a regularly
  334  salaried employee of an insurer handling claims with respect to
  335  health insurance, an employee of an insurer handling claims with
  336  respect to residential property insurance in which the amount of
  337  coverage for the applicable type of loss is contractually
  338  limited to $500 or less, or the duly designated attorney or
  339  agent authorized and acting for subscribers to reciprocal
  340  insurers, from adjusting any claim loss or damage under any
  341  insurance contract of such insurer.
  342         Section 11. Subsection (3) of section 626.864, Florida
  343  Statutes, is amended to read:
  344         626.864 Adjuster license types.—
  345         (3) An all-lines adjuster may be appointed as an
  346  independent adjuster, public adjuster apprentice, or company
  347  employee adjuster, but not more than one of these both
  348  concurrently.
  349         Section 12. Paragraphs (d) and (e) of subsection (1) of
  350  section 626.865, Florida Statutes, are amended to read:
  351         626.865 Public adjuster’s qualifications, bond.—
  352         (1) The department shall issue a license to an applicant
  353  for a public adjuster’s license upon determining that the
  354  applicant has paid the applicable fees specified in s. 624.501
  355  and possesses the following qualifications:
  356         (d) Has had sufficient experience, training, or instruction
  357  concerning the adjusting of damages or losses under insurance
  358  contracts, other than life and annuity contracts, is
  359  sufficiently informed as to the terms and effects of the
  360  provisions of those types of insurance contracts, and possesses
  361  adequate knowledge of the laws of this state relating to such
  362  contracts as to enable and qualify him or her to engage in the
  363  business of insurance adjuster fairly and without injury to the
  364  public or any member thereof with whom the applicant may have
  365  business as a public adjuster, or has been licensed and employed
  366  as a resident insurance company adjuster or independent adjuster
  367  in this state on a continual basis for the past year.
  368         (e) Has been licensed in this state as an all-lines
  369  adjuster, and has been appointed on a continual basis for the
  370  previous 6 months Is licensed as a public adjuster apprentice
  371  under s. 626.8561, as an independent adjuster under s. 626.855,
  372  or as a company employee adjuster under s. 626.856 under s.
  373  626.8651 and complies with the requirements of that license
  374  throughout the licensure period.
  375         Section 13. Section 626.8651, Florida Statutes, is amended
  376  to read:
  377         626.8651 Public adjuster apprentice appointment license;
  378  qualifications.—
  379         (1)(a) The department shall issue an appointment a license
  380  as a public adjuster apprentice to a licensee an applicant who
  381  is:
  382         1.Is licensed as an all-lines adjuster under s. 626.866;
  383         2.Has filed with the department a bond executed and issued
  384  by a surety insurer that is authorized to transact such business
  385  in this state in the amount of $50,000, which is conditioned
  386  upon the faithful performance of his or her duties as a public
  387  adjuster apprentice; and
  388         3.Maintains such bond unimpaired throughout the existence
  389  of the appointment and for at least 1 year after termination of
  390  the appointment.
  391         (b)The bond must be in favor of the department and must
  392  specifically authorize recovery by the department of the damages
  393  sustained in case the licensee commits fraud or unfair practices
  394  in connection with his or her business as a public adjuster
  395  apprentice. The aggregate liability of the surety for all such
  396  damages may not exceed the amount of the bond, and the bond may
  397  not be terminated by the issuing insurer unless written notice
  398  of at least 30 days is given to the licensee and filed with the
  399  department.
  400         (a)A natural person at least 18 years of age.
  401         (b)A United States citizen or legal alien who possesses
  402  work authorization from the United States Bureau of Citizenship
  403  and Immigration Services.
  404         (c)Trustworthy and has such business reputation as would
  405  reasonably ensure that the applicant will conduct business as a
  406  public adjuster apprentice fairly and in good faith and without
  407  detriment to the public.
  408         (2)All applicable license fees, as prescribed in s.
  409  624.501, must be paid in full before issuance of the license.
  410         (3)An applicant must pass the required written examination
  411  before a license may be issued.
  412         (4)An applicant must have received designation as an
  413  Accredited Claims Adjuster (ACA), as a Certified Adjuster (CA),
  414  or as a Certified Claims Adjuster (CCA) after completion of
  415  training that qualifies the applicant to engage in the business
  416  of a public adjuster apprentice fairly and without injury to the
  417  public. Such training and instruction must address adjusting
  418  damages and losses under insurance contracts, the terms and
  419  effects of insurance contracts, and knowledge of the laws of
  420  this state relating to insurance contracts.
  421         (5)At the time of application for license as a public
  422  adjuster apprentice, the applicant shall file with the
  423  department a bond executed and issued by a surety insurer
  424  authorized to transact such business in this state in the amount
  425  of $50,000, conditioned upon the faithful performance of his or
  426  her duties as a public adjuster apprentice under the license for
  427  which the applicant has applied, and thereafter maintain the
  428  bond unimpaired throughout the existence of the license and for
  429  at least 1 year after termination of the license. The bond shall
  430  be in favor of the department and shall specifically authorize
  431  recovery by the department of the damages sustained in case the
  432  licensee commits fraud or unfair practices in connection with
  433  his or her business as a public adjuster apprentice. The
  434  aggregate liability of the surety for all such damages may not
  435  exceed the amount of the bond, and the bond may not be
  436  terminated by the issuing insurer unless written notice of at
  437  least 30 days is given to the licensee and filed with the
  438  department.
  439         (6)A public adjuster apprentice shall complete at a
  440  minimum 100 hours of employment per month for 12 months of
  441  employment under the supervision of a licensed and appointed
  442  all-lines public adjuster in order to qualify for licensure as a
  443  public adjuster. The department may adopt rules that establish
  444  standards for such employment requirements.
  445         (2)(7) An appointing public adjusting firm may not maintain
  446  more than four 12 public adjuster apprentices simultaneously.
  447  However, a supervising public adjuster may not be responsible
  448  for more than one three public adjuster apprentice apprentices
  449  simultaneously and shall be accountable for the acts of the all
  450  public adjuster apprentice apprentices which are related to
  451  transacting business as a public adjuster apprentice. This
  452  subsection does not apply to a public adjusting firm that
  453  adjusts claims primarily for commercial entities with operations
  454  in more than one state and that does not directly or indirectly
  455  perform adjusting services for insurers or individual
  456  homeowners.
  457         (8)An apprentice license is effective for 18 months unless
  458  the license expires due to lack of maintaining an appointment;
  459  is surrendered by the licensee; is terminated, suspended, or
  460  revoked by the department; or is canceled by the department upon
  461  issuance of a public adjuster license. The department may not
  462  issue a public adjuster apprentice license to any individual who
  463  has held such a license in this state within 2 years after
  464  expiration, surrender, termination, revocation, or cancellation
  465  of the license.
  466         (9)After completing the requirements for employment as a
  467  public adjuster apprentice, the licensee may file an application
  468  for a public adjuster license. The applicant and supervising
  469  public adjuster or public adjusting firm must each file a sworn
  470  affidavit, on a form prescribed by the department, verifying
  471  that the employment of the public adjuster apprentice meets the
  472  requirements of this section.
  473         (10)In no event shall A public adjuster apprentice
  474  licensed under this section perform any of the functions for
  475  which a public adjuster’s license is required after expiration
  476  of the public adjuster apprentice license without having
  477  obtained a public adjuster license.
  478         (3)(11) A public adjuster apprentice has the same authority
  479  as the licensed public adjuster or public adjusting firm that
  480  employs the apprentice except that an apprentice may not execute
  481  contracts for the services of a public adjuster or public
  482  adjusting firm and may not solicit contracts for the services
  483  except under the direct supervision and guidance of the
  484  supervisory public adjuster. An individual may not be, act as,
  485  or hold himself or herself out to be a public adjuster
  486  apprentice unless the individual is licensed as an all-lines
  487  adjuster and holds a current appointment by a licensed public
  488  all-lines adjuster or a public adjusting firm that employs a
  489  licensed all-lines public adjuster.
  490         Section 14. Section 626.8695, Florida Statutes, is amended
  491  to read:
  492         626.8695 Primary adjuster.—
  493         (1) Each business location established by an adjuster,
  494  person operating an adjusting firm, a corporation, or an
  495  association and each location of a multiple location adjusting
  496  firm must designate with the department a primary adjuster who
  497  is licensed and appointed to adjust the insurance claims
  498  adjusted by the business location.
  499         (2)An adjusting firm and each of its branch firms shall
  500  designate a primary adjuster for each such firm or location and
  501  must file with the department, at the department’s designated
  502  website, the name and license number of such primary adjuster
  503  and the physical address of the adjusting firm or branch firm
  504  location where he or she is the primary adjuster, on a form
  505  approved by the department. The designation of the primary
  506  adjuster may be changed at the option of the adjusting firm. Any
  507  such change is effective upon notification to the department.
  508  Notice of change must be provided sent to the department within
  509  30 days after such change.
  510         (3)(2)(a) For purposes of this section, a “primary
  511  adjuster” is the licensed adjuster who is responsible for the
  512  hiring and supervision of all individuals within an adjusting
  513  firm location who act deal with the public and who acts in the
  514  capacity of a public adjuster as defined in s. 626.854, or an
  515  independent adjuster as defined in this chapter s. 626.855. An
  516  adjuster may be designated as a primary adjuster for more than
  517  only one adjusting firm location provided no person engages in
  518  activity requiring licensure as an adjuster at any location when
  519  an adjuster is not physically present.
  520         (4)(b) For purposes of this section, an “adjusting firm” is
  521  a location where an independent or public adjuster is engaged in
  522  the business of insurance.
  523         (5)(3) The department may suspend or revoke the license of
  524  the primary adjuster if the adjusting firm employs or contracts
  525  any person who has had a license denied or any person whose
  526  license is currently suspended or revoked. However, if a person
  527  has been denied a license for failure to pass a required
  528  examination, he or she may be employed or contracted to perform
  529  clerical or administrative functions for which licensure is not
  530  required.
  531         (6)(4) The primary adjuster in an unincorporated adjusting
  532  firm, or the primary adjuster in an incorporated adjusting firm
  533  in which no officer, director, or stockholder is an adjuster, is
  534  responsible and accountable for misconduct or violations of this
  535  code committed by the primary adjuster or by any other person
  536  the acts of salaried employees under his or her direct
  537  supervision and control while acting on behalf of the adjusting
  538  firm. This section does not render a primary adjuster Nothing in
  539  this section renders any person criminally liable for an or
  540  subject to any disciplinary proceedings for any act unless the
  541  primary adjuster person personally committed the act or knew or
  542  should have known of the act and of the facts constituting a
  543  violation of this code.
  544         (7)(5) The department may suspend or revoke the license of
  545  any adjuster who is employed or contracted by a person whose
  546  license is currently suspended or revoked.
  547         (8)(6) An adjusting firm location may not conduct the
  548  business of insurance unless a primary adjuster is designated
  549  and provides services to the firm at all times. If the Failure
  550  of the person operating the adjusting firm to designate a
  551  primary adjuster designated with the department ends his or her
  552  affiliation with the firm for any reason and if the firm fails
  553  to designate another primary adjuster, as required in subsection
  554  (2), within 90 days, the firm license automatically expires on
  555  the 91st day after the date the designated primary adjuster
  556  ended his or her affiliation with for the firm, or for each
  557  location, as applicable, on a form prescribed by the department
  558  within 30 days after inception of the firm or change of primary
  559  adjuster designation, constitutes grounds for requiring the
  560  adjusting firm to obtain an adjusting firm license pursuant to
  561  s. 626.8696.
  562         (9)(7) Any adjusting firm may determine a request, on a
  563  form prescribed by the department, verification from the
  564  department of any person’s current licensure status by
  565  submitting an appointment request. If a request is mailed to the
  566  office within 5 working days after the date an adjuster is
  567  hired. If, and the department subsequently notifies the
  568  adjusting firm that its appointee’s an employee’s license is
  569  currently suspended, revoked, or has been denied, the license of
  570  the primary adjuster may shall not be revoked or suspended if
  571  the unlicensed person is immediately dismissed from employment
  572  as an adjuster with the firm.
  573         Section 15. Section 626.8696, Florida Statutes, is amended
  574  to read:
  575         626.8696 Application for adjusting firm license.—
  576         (1) The department may issue an adjusting firm license to a
  577  person only after the person files a written application with
  578  the department and qualifies for such license.
  579         (2)An application for an adjusting firm license must be
  580  signed by an individual required to be listed in the application
  581  under paragraph (a). An adjusting firm may authorize a third
  582  party to complete, submit, and sign an application on the firm’s
  583  behalf. However, the firm must ensure that the information on
  584  the application is true and correct, and the firm is accountable
  585  for any misstatement or misrepresentation. The application for
  586  an adjusting firm license must include:
  587         (a) The name of each majority owner, partner, officer, and
  588  director, president, senior vice president, secretary,
  589  treasurer, and limited liability company member who directs or
  590  participates in the management or control of the adjusting firm.
  591         (b) The resident address of each person required to be
  592  listed in the application under paragraph (a).
  593         (c) The name, of the adjusting firm and its principal
  594  business street address, and valid e-mail address of the
  595  adjusting firm, and the name, street address, and valid e-mail
  596  address of the firm’s registered agent, person, or company
  597  authorized to accept service on behalf of the firm.
  598         (d) The physical address location of each branch adjusting
  599  firm, including its name, valid e-mail address, and telephone
  600  number, and the date that the branch firm began transacting
  601  insurance business office and the name under which each office
  602  conducts or will conduct business.
  603         (e)The name of the primary adjuster in full-time charge of
  604  the adjusting firm office, including branch firms, and his or
  605  her corresponding location.
  606         (f)The fingerprints of each of the following:
  607         1.A sole proprietor, if the applicant is a sole
  608  proprietor;
  609         2.Each individual required to be listed in the application
  610  under paragraph (a); and
  611         3.Each individual who directs or participates in the
  612  management or control of an incorporated firm whose shares are
  613  not traded on a securities exchange.
  614  
  615  Fingerprints must be taken by a law enforcement agency or other
  616  entity approved by the department, must be accompanied by the
  617  fingerprint processing fee specified in s. 624.501, and must be
  618  processed in accordance with s. 624.34. However, fingerprints
  619  need not be filed for an individual who is currently licensed
  620  and appointed under this chapter. This paragraph does not apply
  621  to corporations whose voting shares are traded on a securities
  622  exchange.
  623         (g)(e)Such Any additional information that the department
  624  requires by rule to ascertain the trustworthiness and competence
  625  of persons required to be listed on the application and to
  626  ascertain that such persons meet the requirements of this code.
  627  However, the department may not require that credit or character
  628  reports be submitted for such persons.
  629         (2)An application for an adjusting firm license must be
  630  signed by each owner of the firm. If the firm is incorporated,
  631  the application must be signed by the president and secretary of
  632  the corporation.
  633         (3)Each application must be accompanied by payment of any
  634  applicable fee as prescribed in s. 624.501.
  635         (4)License fees are not refundable.
  636         (3)(5)The license of an adjusting firm continues in force
  637  until it is canceled, required to be licensed pursuant to s.
  638  626.8695 must remain so licensed for a period of 3 years from
  639  the date of licensure, unless the license is suspended, or
  640  revoked or until it is otherwise terminated or expires by
  641  operation of law. The department may suspend or revoke the
  642  adjusting firm’s authority to do business for activities
  643  occurring during the time the firm is licensed, regardless of
  644  whether the licensing period has terminated.
  645         Section 16. Section 626.872, Florida Statutes, is repealed.
  646         Section 17. Subsection (1) of section 626.874, Florida
  647  Statutes, is amended to read:
  648         626.874 Catastrophe or emergency adjusters.—
  649         (1) In the event of a catastrophe or emergency, the
  650  department may issue a license, for the purposes and under the
  651  conditions and for the period of emergency as it shall
  652  determine, to persons who are residents or nonresidents of this
  653  state, who are at least 18 years of age, who are United States
  654  citizens or legal aliens who possess work authorization from the
  655  United States Bureau of Citizenship and Immigration Services,
  656  and who are not licensed adjusters under this part but who have
  657  been designated and certified to it as qualified to act as
  658  adjusters by all-lines resident adjusters, by an authorized
  659  insurer, or by a licensed general lines agent to adjust claims,
  660  losses, or damages under policies or contracts of insurance
  661  issued by such insurers, or by the primary adjuster of an
  662  independent adjusting firm contracted with an authorized insurer
  663  to adjust claims on behalf of the insurer. The fee for the
  664  license is as provided in s. 624.501(12)(c).
  665         Section 18. Subsection (2) of section 626.875, Florida
  666  Statutes, is amended to read:
  667         626.875 Office and records.—
  668         (2) The records of the adjuster relating to a particular
  669  claim or loss shall be so retained in the adjuster’s place of
  670  business for a period of not less than 5 3 years after
  671  completion of the adjustment. This provision shall not be deemed
  672  to prohibit return or delivery to the insurer or insured of
  673  documents furnished to or prepared by the adjuster and required
  674  by the insurer or insured to be returned or delivered thereto.
  675         Section 19. Section 626.876, Florida Statutes, is amended
  676  to read:
  677         626.876 Exclusive employment; public adjusters, all-lines
  678  independent adjusters.—
  679         (1) An individual licensed and appointed as a public
  680  adjuster may not be simultaneously licensed as an all-lines
  681  adjuster employed during the same period by more than one public
  682  adjuster or public adjuster firm or corporation.
  683         (2) An individual licensed as an all-lines adjuster and
  684  appointed as an independent adjuster, a company employee
  685  adjuster, or a public adjuster apprentice may not be
  686  simultaneously appointed, contracted, or employed as an adjuster
  687  that requires a different appointment type during the same
  688  period by more than one independent adjuster or independent
  689  adjuster firm or corporation.
  690         Section 20. Section 626.879, Florida Statutes, is repealed.
  691         Section 21. Subsection (5) of section 626.9953, Florida
  692  Statutes, is amended to read:
  693         626.9953 Qualifications for registration; application
  694  required.—
  695         (5) An applicant must submit a set of his or her
  696  fingerprints to the department and pay the processing fee
  697  established under s. 624.501(23) s. 624.501(24). The department
  698  shall submit the applicant’s fingerprints to the Department of
  699  Law Enforcement for processing state criminal history records
  700  checks and local criminal records checks through local law
  701  enforcement agencies and for forwarding to the Federal Bureau of
  702  Investigation for national criminal history records checks. The
  703  fingerprints shall be taken by a law enforcement agency, a
  704  designated examination center, or another department-approved
  705  entity. The department may not approve an application for
  706  registration as a navigator if fingerprints have not been
  707  submitted.
  708         Section 22. This act shall take effect January 1, 2018.