Senate Bill sb2630

    Florida Senate - 2004                                  SB 2630

    By Senator Atwater





    25-1652-04

  1                      A bill to be entitled

  2         An act relating to insurance field

  3         representatives; amending s. 626.854, F.S.;

  4         prohibiting public adjusters from representing

  5         claimants in certain matters; requiring public

  6         adjusters to disclose certain contracts with

  7         claimants or potential conflicts of interest;

  8         prohibiting public adjusters from preventing

  9         access to certain persons or property or from

10         refusing to speak with insurers; requiring

11         certain disclosures; providing an effective

12         date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (3) of section 626.854, Florida

17  Statutes, is amended to read:

18         626.854  "Public adjuster" defined; prohibitions.--The

19  Legislature finds that it is necessary for the protection of

20  the public to regulate public insurance adjusters and to

21  prevent the unauthorized practice of law.

22         (3)(a)  A public adjuster may not give legal advice or.

23  A public adjuster may not act on behalf of or aid any person

24  in negotiating or settling a claim relating to bodily injury,

25  death, or noneconomic damages, extra-contractual damages,

26  unfair claim settlement practices, damages arising out of

27  tort, statutory interest, or costs or attorney's fees.

28         (b)  A public adjuster must provide a copy of any

29  original, revised, or supplemental contract with an insured or

30  claimant to the insurer or its claims representatives

31  immediately upon providing notice of representation to the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2630
    25-1652-04




 1  insurer and throughout the claims process. All contracts must

 2  be on a form approved by the Department of Financial Services.

 3         (c)  A public adjuster must disclose to the client and

 4  the insurer any direct or indirect financial interest,

 5  compensation, referral fee, or other financial benefit that

 6  the public adjuster may receive from any person performing

 7  services in connection with the adjustment of a claim or the

 8  repair or replacement of insured property.

 9         (d)  A public adjuster may not restrict or prevent

10  access to an insured, a claimant, or the insured property that

11  is the subject of a claim by the insurer, an adjuster, an

12  attorney, or any person acting on behalf of the insurer in

13  connection with the claim. A public adjuster may not refuse to

14  speak directly with the insurer or any person acting on behalf

15  of the insurer concerning the claim, and must provide a

16  recorded statement and examination under oath at the request

17  of the insurer or its representatives.

18         Section 2.  This act shall take effect July 1, 2004.

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21                          SENATE SUMMARY

22    Revises provisions relating to insurance public
      adjusters. Prohibits public adjusters from representing
23    claimants in certain matters. Requires certain
      disclosures. Prohibits public adjusters from preventing
24    access to specified persons or property. (See bill for
      details.)
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CODING: Words stricken are deletions; words underlined are additions.