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The Committee on Banking and Insurance (Gaetz) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (5) of section 624.501, Florida

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Statutes, is amended to read:

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     624.501  Filing, license, appointment, and miscellaneous

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fees.--The department, commission, or office, as appropriate,

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shall collect in advance, and persons so served shall pay to it

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in advance, fees, licenses, and miscellaneous charges as

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follows:

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     (5)  All insurance representatives, application for

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license, application for reinstatement of suspended license,

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each filing, filing fee....$50.00

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     Section 2.  Subsection (1) of section 626.015, Florida

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Statutes, is amended to read:

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     626.015  Definitions.--As used in this part:

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     (1)  "Adjuster" means a public adjuster as defined in s.

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626.854, public adjuster apprentice as defined in s. 626.8541,

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independent adjuster as defined in s. 626.855, or company

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employee adjuster as defined in s. 626.856.

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     Section 3.  Paragraphs (c), (e), and (f) of subsection (2)

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of section 626.221, Florida Statutes, are amended to read:

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     626.221  Examination requirement; exemptions.--

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     (2)  However, no such examination shall be necessary in any

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of the following cases:

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     (c)  In the discretion of the department, an applicant for

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reinstatement of license or appointment as an agent, customer

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representative, company employee adjuster, or independent

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adjuster whose license has been suspended within 4 years prior

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to the date of application or written request for reinstatement.

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     (e) A person who has been licensed and appointed as an a

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public adjuster, independent adjuster, or company employee

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adjuster as to all property, casualty, and surety insurances,

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may be licensed and appointed as a company employee or,

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independent, or public adjuster, as to these kinds of insurance,

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without additional written examination if an application for

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licensure is filed with the department within 48 months

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following the date of cancellation or expiration of the prior

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appointment.

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     (f) A person who has been licensed as a company employee

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or independent an adjuster for motor vehicle, property and

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casualty, workers' compensation, and health insurance may be

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licensed as such an adjuster without additional written

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examination if his or her application for licensure is filed

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with the department within 48 months after cancellation or

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expiration of the prior license.

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     Section 4.  Subsection (6) of section 626.241, Florida

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Statutes, is amended to read:

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     626.241  Scope of examination.--

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     (6) In order to reflect the differences between adjusting

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claims for an insurer and adjusting claims for an insured, the

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department shall create an examination for applicants seeking

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licensure as a public adjuster and a separate examination for

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applicants seeking licensure as a company employee adjuster or

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independent adjuster. Examinations given applicants for license

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as an all-lines adjuster shall cover adjusting in all lines of

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insurance, other than life and annuity; or, in accordance with

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the application for the license, the examination may be limited

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to adjusting in:

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     (a)  Automobile physical damage insurance;

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     (b)  Property and casualty insurance;

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     (c)  Workers' compensation insurance; or

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     (d)  Health insurance.

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     Section 5.  Subsection (1) of section 626.641, Florida

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Statutes, is amended to read:

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     626.641  Duration of suspension or revocation.--

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     (1)  The department shall, in its order suspending a

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license or appointment or in its order suspending the

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eligibility of a person to hold or apply for such license or

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appointment, specify the period during which the suspension is

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to be in effect; but such period shall not exceed 2 years. The

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license, appointment, or eligibility shall remain suspended

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during the period so specified, subject, however, to any

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rescission or modification of the order by the department, or

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modification or reversal thereof by the court, prior to

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expiration of the suspension period. A license, appointment, or

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eligibility that which has been suspended shall not be

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reinstated except upon the filing and approval of an application

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for request for such reinstatement and, in the case of a second

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suspension, completion of continuing education courses

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prescribed and approved by the department; but the department

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shall not approve an application for grant such reinstatement if

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it finds that the circumstance or circumstances for which the

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license, appointment, or eligibility was suspended still exist

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or are likely to recur. In addition, an application a request

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for reinstatement is subject to denial and subject to a waiting

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period prior to approval on the same grounds that apply to

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applications for licensure pursuant to ss. 626.207, 626.611, and

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626.621, and 626.8698.

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     Section 6.  Effective October 1, 2008, subsections (5),

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(6), (7), (8), (9), (10), (11), (12), and (13) are added to

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section 626.854, Florida Statutes, to read:

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

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Legislature finds that it is necessary for the protection of the

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public to regulate public insurance adjusters and to prevent the

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unauthorized practice of law.

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     (5) A public adjuster may not directly or indirectly

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through any other individual or entity solicit an insured or

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claimant by any means between the hours of 9 p.m. and 8 a.m.

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     (6) A public adjuster may not directly or indirectly

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through any other individual or entity engage in face-to-face or

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telephonic solicitation or enter into a contract with any

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insured or claimant under an insurance policy until at least 72

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hours after the occurrence of an event that may be the subject

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of a claim under the insurance policy unless contact is

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initiated by the insured or claimant.

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     (7) A client may cancel a public adjuster's contract to

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adjust a claim without penalty or obligation within 3 business

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days after the date on which the contract is executed or within

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3 business days after the date on which the client has notified

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the insurer of the claim, by phone or in writing, whichever is

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later. The public adjuster shall disclose to the client his or

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her right to cancel the contract and advise the client that

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notice of cancellation must be submitted in writing and sent by

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certified mail, return receipt requested, or other form of

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mailing which provides proof thereof, to the public adjuster at

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the address specified in the contract. However, when the event

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is a storm declared to be a hurricane by the National Hurricane

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Center, this provision applies for a period of 14 business days.

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     (8) It is an unfair and deceptive insurance trade practice

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pursuant to s. 626.9541 for a public adjuster or any other

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person to circulate or disseminate any advertisement,

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announcement, or statement containing any assertion,

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representation, or statement with respect to the business of

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insurance which is untrue, deceptive, or misleading.

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     (9) A public adjuster, a public adjuster apprentice, or

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any person or entity acting on behalf of a public adjuster or

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public adjuster apprentice may not give or offer to give a

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monetary loan or advance to a client or prospective client.

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     (10) A public adjuster, public adjuster apprentice, or any

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individual or entity acting on behalf of a public adjuster or

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public adjuster apprentice may not give or offer to give,

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directly or indirectly, any article of merchandise having a

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value in excess of $25 to any individual for the purpose of

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advertising or as an inducement to entering into a contract with

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a public adjuster.

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     (11) For any claim under a residential or commercial

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residential property insurance policy, a public adjuster may not

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charge, agree to, or accept any compensation, payment,

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commission, fee, or other thing of value:

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     (a) Based on any claim payments for additional living

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expenses;

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     (b) Based on the amount of a claim payment or payment

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offer by the insurer which occurred before the date on which the

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adjuster and the insured executed a contract with regard to the

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claim;

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     (c) Greater than 15 percent of the amount of an insurance

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claim payment by the insurer for claims that do not arise out of

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a storm declared to be a hurricane by the National Hurricane

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Center; or

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     (d) Greater than 10 percent of the amount of an insurance

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claim payment by the insurer for claims based on and made

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subsequent to a storm declared to be a hurricane by the National

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Hurricane Center; except that, if a public adjuster and an

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insured execute a contract providing for the adjuster to reopen

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or file a supplemental claim that seeks additional payments on

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behalf of an insured or claimant for a claim that has been

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previously paid or settled, the amount may be up to 15 percent

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of the amount of the claim payments made by the insurer after

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the date of the execution of the contract to reopen or file a

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supplemental claim.

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     (12) If a public adjuster enters into a contract with an

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insured or claimant to reopen a claim or to file a supplemental

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claim that seeks additional payments for a claim that has been

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previously paid or settled, the public adjuster may not base any

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charge, compensation, payment, commission, or fee on the

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previous settlement or previous claim payments.

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     (13) A public adjuster may not charge, agree to, or accept

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any compensation, payment, commission, fee, or other thing of

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value based on any full or partial insurance settlement or

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insurance claim payment by the insurer, or any portion of any

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payment by the insurer:

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     (a) Equal to more than 15 percent of the amount of any

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full or partial insurance settlement or claim payment by the

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insurer. However, this paragraph does not apply to claims that

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arise out of a storm declared to be a hurricane by the National

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Hurricane Center.

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     (b) With regard to claims arising out of a storm declared

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to be a hurricane by the National Hurricane Center:

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     1. Equal to more than 10 percent of the amount of any full

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or partial insurance settlement or insurance claim payment by

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the insurer on the initial claim; or

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     2. Equal to more than 15 percent of the amount of any full

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or partial insurance settlement or insurance claim payment by

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the insurer if a public adjuster reopens the initial claim or

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files a supplemental claim that seeks additional payments on

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behalf of an insured or claimant for a claim that has been

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previously paid or settled.

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     Section 7.  Section 626.8541, Florida Statutes, is created

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to read:

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     626.8541 "Public adjuster apprentice" defined.--The term

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"public adjuster apprentice" means any individual who is

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employed by a licensed and appointed all-lines public adjuster

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in good standing with the department or a public adjusting firm

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that employs at least one licensed and appointed all-lines

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public adjuster in good standing with the department to assist

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an all-lines public adjuster in conducting business under the

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license and who satisfies the requirements of s. 626.8651.

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     Section 8.  Subsection (1) of section 626.865, Florida

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Statutes, is amended, and subsection (3) is added to that

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section, to read:

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     626.865  Public adjuster's qualifications, bond.--

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     (1)  The department shall issue a license to an applicant

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for a public adjuster's license upon determining that the

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applicant has paid the applicable fees specified in s. 624.501

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and possesses the following qualifications:

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     (a)  Is a natural person at least 18 years of age.

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     (b)  Is a United States citizen or legal alien who

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possesses work authorization from the United States Bureau of

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Citizenship and Immigration Services and a bona fide resident of

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this state.

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     (c)  Is trustworthy and has such business reputation as

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would reasonably assure that the applicant will conduct his or

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her business as insurance adjuster fairly and in good faith and

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without detriment to the public.

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     (d)1. In the past 4 years has had 2 years of sufficient

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experience involving the adjusting of damages or losses under

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insurance contracts, other than life and annuity contracts, as a

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licensed and appointed general lines insurance agent or as a

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licensed and appointed all-lines or property and casualty

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company employee adjuster or independent adjuster;, training, or

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instruction concerning the adjusting of damages or losses under

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insurance contracts, other than life and annuity contracts,

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     2. Has successfully completed 12 semester hours or 18

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quarter hours in courses on insurance, other than life and

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annuity contracts, at an accredited institution of higher

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learning; or

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     3. Has completed 12 months of employment as a public

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adjuster apprentice in accordance with s. 626.8651.

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     (e) Is sufficiently informed as to the terms and effects

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of the provisions of those types of insurance contracts, and

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possesses adequate knowledge of the laws of this state relating

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to such contracts as to enable and qualify him or her to engage

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in the business of insurance adjuster fairly and without injury

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to the public or any member thereof with whom the applicant may

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have business as a public adjuster.

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     (f)(e) Has passed the any required written examination.

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     (3) The department may not issue a license as a public

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adjuster to any individual who has not passed the examination

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for a public adjuster's license. Any individual who is applying

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for reinstatement of a license after completion of a period of

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suspension and any individual who is applying for a new license

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after termination, cancellation, revocation, or expiration of a

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prior license as a public adjuster must pass the examination

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required for licensure as a public adjuster after approval of

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the application for reinstatement or for a new license

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regardless of whether the applicant passed an examination prior

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to issuance of the license that was suspended, terminated,

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cancelled, revoked, or expired.

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     Section 9.  Section 626.8651, Florida Statutes, is created

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to read:

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     626.8651 Public adjuster apprentice license;

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qualifications.--

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     (1) If, upon the basis of a completed application for

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license as a public adjuster apprentice and such further inquiry

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or investigation as the department may make concerning an

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applicant, the department is satisfied that the applicant is

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qualified and that all pertinent fees have been paid, it shall

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approve the application.

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     (2) If, upon the basis of the completed application and

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such further inquiry or investigation, the department finds the

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applicant to be lacking in any one or more of the required

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qualifications for licensure as a public adjuster apprentice,

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the department shall deny the application and notify the

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applicant, stating the grounds for denial.

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     (3) The department shall issue a license as a public

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adjuster apprentice if the applicant meets the following

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qualifications:

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     (a) The applicant is a natural person at least 18 years of

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age.

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     (b) The applicant is a United States citizen or legal

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alien who possesses work authorization from the United States

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Bureau of Citizenship and Immigration Services and is a resident

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of this state.

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     (c) The applicant is trustworthy and has such business

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reputation as would reasonably assure that the applicant will

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conduct business as a public adjuster apprentice fairly and in

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good faith and without detriment to the public.

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     (d) The applicant has had sufficient experience, training,

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or instruction concerning the adjusting of damages or losses

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under insurance contracts, other than life and annuity

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contracts, is sufficiently informed as to the terms and effects

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of the provisions of those types of insurance contracts, and

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possesses adequate knowledge of the laws of this state relating

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to such contracts as to enable and qualify him or her to engage

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in business as a public adjuster apprentice fairly and without

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injury to the public. The department may adopt rules that

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establish standards for the experience, training, or instruction

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requirements.

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     (4)(a) The application must be accompanied by an affidavit

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verifying proposed employment and the applicant's

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trustworthiness and qualifications on a form prescribed by the

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department and executed by the proposed employer. The proposed

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employer must be a licensed and appointed public adjuster in

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good standing with the department or a public adjuster firm that

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employs at least one licensed and appointed public adjuster in

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good standing with the department.

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     (b) All applicable license fees, as prescribed in s.

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624.501, must be paid in full before issuance of the license.

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     (5) At the time of application for license as a public

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adjuster apprentice, the applicant shall file with the

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department a bond executed and issued by a surety insurer

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authorized to transact such business in this state, in the

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amount of $50,000, conditioned for the faithful performance of

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his or her duties as a public adjuster apprentice under the

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license for which the applicant has applied, and thereafter

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maintain the bond unimpaired throughout the existence of the

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license and for at least 1 year after termination of the

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license. The bond shall be in favor of the department and shall

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specifically authorize recovery by the department of the damages

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sustained in case the licensee is guilty of fraud or unfair

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practices in connection with his or her business as a public

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adjuster apprentice. The aggregate liability of the surety for

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all such damages may not exceed the amount of the bond, and the

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bond may not be terminated by the issuing insurer unless written

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notice of at least 30 days is given to the licensee and filed

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with the department.

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     (6) A public adjuster apprentice must complete at a

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minimum 100 hours of employment per month for 12 months of

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employment under the supervision of a licensed and appointed

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all-lines public adjuster in order to qualify for licensure as a

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public adjuster. The department may adopt rules that establish

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standards for the employment requirements.

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     (7) The supervising public adjuster is responsible and

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accountable for the acts of a public adjuster apprentice which

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are related to transacting business as a public adjuster

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apprentice.

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     (8) The apprentice license is effective for 18 months

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unless it expires due to lack of maintaining an appointment; is

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surrendered by the licensee; is terminated, suspended, or

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revoked by the department; or is cancelled by the department

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upon issuance of a public adjuster license. The department may

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not issue a public adjuster apprentice license to any individual

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who has held such a license in this state within 2 years after

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expiration, surrender, termination, revocation, or cancellation

339

of the license.

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     (9) After completing the requirements for employment as a

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public adjuster apprentice, the licensee may file an application

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for a public adjuster license. The applicant and supervising

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public adjuster or public adjusting firm must each file a sworn

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affidavit, on a form prescribed by the department, verifying

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that the employment of the public adjuster apprentice meets the

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requirements of this section.

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     (10) A public adjuster apprentice licensed under this

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section may not perform any of the functions for which a public

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adjuster's license is required after expiration of the public

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adjuster apprentice license without having obtained a public

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adjuster license.

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     (11) A public adjuster apprentice has the same authority

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as the licensed public adjuster or public adjusting firm that

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employs the apprentice except that an apprentice may not execute

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contracts for the services of a public adjuster or public

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adjusting firm and may not solicit contracts for the services

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except under the direct supervision and guidance of the

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supervisory public adjuster. An individual may not be, act as,

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or hold himself or herself out to be a public adjuster

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apprentice unless the individual is licensed and holds a current

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appointment by a licensed public all-lines adjuster or a public

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adjusting firm that employs a licensed all-lines public

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adjuster.

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     Section 10.  Effective October 1, 2008, section 626.869,

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Florida Statutes, is amended to read:

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     626.869 License, adjusters; continuing education.--

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     (1)  An applicant for a license as an adjuster may qualify

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and his or her license when issued may cover adjusting in any

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one of the following classes of insurance:

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     (a)  All lines of insurance except life and annuities.

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     (b)  Motor vehicle physical damage insurance.

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     (c)  Property and casualty insurance.

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     (d)  Workers' compensation insurance.

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     (e)  Health insurance.

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     (2)  All individuals who on October 1, 1990, hold an

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adjuster's license and appointment limited to fire and allied

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lines, including marine or casualty or boiler and machinery, may

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remain licensed and appointed under the limited license and may

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renew their appointment, but no license or appointment which has

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been terminated, not renewed, suspended, or revoked shall be

381

reinstated, and no new or additional licenses or appointments

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shall be issued.

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     (3)  The applicant's application for license shall specify

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which of the foregoing classes of business the application for

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license is to cover.

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     (4)(a) Any individual holding a license as a company

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employee adjuster or independent adjuster for 24 consecutive

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months or longer must, beginning in his or her birth month and

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every 2 years thereafter, have completed 24 hours of courses, 2

390

hours of which relate to ethics, in subjects designed to inform

391

the licensee regarding the current insurance laws of this state,

392

so as to enable him or her to engage in business as an insurance

393

adjuster fairly and without injury to the public and to adjust

394

all claims in accordance with the policy or contract and the

395

laws of this state.

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     (b)  Any individual holding a license as a public adjuster

397

for 24 consecutive months or longer, beginning in their birth

398

month and every 2 years thereafter, must have completed 24 hours

399

of courses, 2 hours of which relate to ethics, in subjects

400

designed to inform the licensee regarding the current laws of

401

this state pertaining to all lines of insurance other than life

402

and annuities, the current laws of this state pertaining to the

403

duties and responsibilities of public adjusters as set forth in

404

this part, and the current rules of the department which are

405

applicable to public adjusters and standard or representative

406

policy forms used by insurers, other than forms for life

407

insurance and annuities, so as to enable him or her to engage in

408

business as an adjuster fairly and without injury to the public

409

and to adjust all claims in accordance with the policy or

410

contract and laws of this state. In order to receive credit for

411

continuing education courses, public adjusters must take courses

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that are specifically designed for public adjusters and approved

413

by the department.

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     (c)  The department shall adopt rules necessary to

415

implement and administer the continuing education requirements

416

of this subsection. For good cause shown, the department may

417

grant an extension of time during which the requirements imposed

418

by this section may be completed, but such extension of time may

419

not exceed 1 year.

420

     (d) A nonresident adjuster who has met the continuing

421

education requirement of his or her home state and whose home

422

state gives credit to a resident of this state on the same basis

423

satisfies the continuing education requirement of this state. A

424

nonresident agent whose home state does not have a continuing

425

education requirement equivalent to our state must meet the

426

continuing education requirement of this state.

427

     (5)  The regulation of continuing education for licensees,

428

course providers, instructors, school officials, and monitor

429

groups shall be as provided for in s. 626.2816.

430

     Section 11.  Effective October 1, 2008, section 626.8698,

431

Florida Statutes, is amended to read:

432

     626.8698 Disciplinary guidelines for public adjusters and

433

public adjuster apprentices.--The department may deny, suspend,

434

or revoke the license of a public adjuster or public adjuster

435

apprentice, and administer a fine not to exceed $5,000 per act,

436

for any of the following:

437

     (1)  Violating any provision of this chapter or a rule or

438

order of the department;

439

     (2)  Receiving payment or anything of value as a result of

440

an unfair or deceptive practice;

441

     (3)  Receiving or accepting any fee, kickback, or other

442

thing of value pursuant to any agreement or understanding, oral

443

or otherwise; entering into a split-fee arrangement with another

444

person who is not a public adjuster; or being otherwise paid or

445

accepting payment for services that have not been performed;

446

     (4)  Violating s. 316.066 or s. 817.234;

447

     (5)  Soliciting or otherwise taking advantage of a person

448

who is vulnerable, emotional, or otherwise upset as the result

449

of a trauma, accident, or other similar occurrence; or

450

     (6)  Violating any ethical rule of the department.

451

     Section 12.  Subsection (4) is added to section 626.870,

452

Florida Statutes, to read:

453

     626.870  Application for license.--

454

     (4) A license, appointment, or eligibility that has been

455

suspended may not be reinstated except upon the filing and

456

approval of an application for reinstatement in accordance with

457

s. 626.641. In addition, for reinstatement of a public

458

adjuster's license, appointment, or eligibility, the individual

459

must pass the public adjuster licensing examination. An

460

application for reinstatement must be accompanied by any

461

applicable examination fee. Successful completion of the

462

examination does not entitle the applicant to have a license

463

reinstated. The application is subject to denial pursuant to ss.

464

626.207, 626.611, 626.621, and 626.8698. If the department

465

approves an application for reinstatement, the applicant shall

466

be notified that the license will be reinstated upon payment by

467

the applicant of the reinstatement fee contained in s.

468

624.501(15).

469

     Section 13.  Paragraphs (b) and (e) of subsection (1) and

470

paragraphs (b) and (c) of subsection (2) of section 626.8732,

471

Florida Statutes, are amended, and subsection (6) is added to

472

that section, to read:

473

     626.8732  Nonresident public adjuster's qualifications,

474

bond.--

475

     (1)  The department shall, upon application therefor, issue

476

a license to an applicant for a nonresident public adjuster's

477

license upon determining that the applicant has paid the

478

applicable license fees required under s. 624.501 and:

479

     (b)  Has passed to the satisfaction of the department a

480

written Florida public adjuster's examination of the scope

481

prescribed in s. 626.241(6); however, the requirement for such

482

an examination does not apply to any of the following:

483

     1. An applicant who is licensed as a resident public

484

adjuster in his or her state of residence, when that state

485

requires the passing of a written examination in order to obtain

486

the license and a reciprocal agreement with the appropriate

487

official of that state has been entered into by the department;

488

or

489

     2. An applicant who is licensed as a nonresident public

490

adjuster in a state other than his or her state of residence

491

when the state of licensure requires the passing of a written

492

examination in order to obtain the license and a reciprocal

493

agreement with the appropriate official of the state of

494

licensure has been entered into by the department.

495

     (e) Has been licensed and employed as a public adjuster in

496

the applicant's state of residence on a continual basis for the

497

past 3 years, or, if the applicant's state of residence does not

498

issue licenses to individuals who act as public adjusters, the

499

applicant has been licensed and employed as a resident insurance

500

company or independent adjuster, insurance agent, insurance

501

broker, or other insurance representative in his or her state of

502

residence or any other state on a continual basis for the past 3

503

years. This paragraph does not apply to individuals who are

504

licensed to transact only life insurance and annuity business

505

had sufficient experience, training, or instruction concerning

506

the adjusting of damages or losses under insurance contracts,

507

other than life and annuity contracts; is sufficiently informed

508

as to the terms and effects of the provisions of those types of

509

insurance contracts; and possesses adequate knowledge of the

510

laws of this state relating to such contracts as to enable and

511

qualify him or her to engage in the business of insurance

512

adjuster fairly and without injury to the public or any member

513

thereof with whom he or she may have business as a public

514

adjuster.

515

     (2)  The applicant shall furnish the following with his or

516

her application:

517

     (b)  If currently licensed as a resident public adjuster in

518

the applicant's state of residence, a certificate or letter of

519

authorization from the licensing authority of the applicant's

520

state of residence, stating that the applicant holds a current

521

or comparable license to act as a public adjuster and has held

522

the license continuously for the past 3 years. The certificate

523

or letter of authorization must be signed by the insurance

524

commissioner or his or her deputy or the appropriate licensing

525

official and must disclose whether the adjuster has ever had any

526

license or eligibility to hold any license declined, denied,

527

suspended, revoked, or placed on probation or whether an

528

administrative fine or penalty has been levied against the

529

adjuster and, if so, the reason for the action.

530

     (c)  If the applicant's state of residence does not require

531

licensure as a public adjuster and the applicant has been

532

licensed as a resident insurance adjuster, agent, broker, or

533

other insurance representative in his or her state of residence

534

or any other state within the past 3 years, a certificate or

535

letter of authorization from the licensing authority stating

536

that the applicant holds or has held a license to act as such an

537

insurance adjuster, agent, or other insurance representative and

538

has held the license continuously for the past 3 years. The

539

certificate or letter of authorization must be signed by the

540

insurance commissioner or his or her deputy or the appropriate

541

licensing official and must disclose whether or not the

542

adjuster, agent, or other insurance representative has ever had

543

any license or eligibility to hold any license declined, denied,

544

suspended, revoked, or placed on probation or whether an

545

administrative fine or penalty has been levied against the

546

adjuster and, if so, the reason for the action.

547

     (6) If available, the department shall verify the

548

nonresident applicant's licensing status through the producer

549

database maintained by the National Association of Insurance

550

Commissioners or its affiliates or subsidiaries.

551

     Section 14.  Effective October 1, 2008, section 626.8796,

552

Florida Statutes, is created to read:

553

     626.8796 Public adjuster contracts; fraud statement.--All

554

contracts for public adjuster services must be in writing and

555

must prominently display the following statement on the first

556

page of the contract: "Any person who knowingly and with intent

557

to injure, defraud, or deceive any insurer files a statement of

558

claim or proof of loss containing any false, incomplete, or

559

misleading information commits a felony of the third degree."

560

     Section 15.  Effective October 1, 2008, section 626.8797,

561

Florida Statutes, is created to read:

562

     626.8797 Public adjusters; proof of loss

563

certification.--If an insurance policy requires an insured or

564

claimant to file a written proof of loss containing an estimate

565

of the costs to repair or replace damaged property, a public

566

adjuster under contract to adjust the claim for the insured or

567

claimant must affirm, under oath given by a notary public, the

568

proof of loss by signing the following statement: "I,..., do

569

solemnly, sincerely, and truly declare and affirm that I have

570

reviewed the estimate of the cost of repair or replacement of

571

damaged property as set forth in this proof of loss, in my best

572

judgment the estimated costs are reasonable, and, to the best of

573

my knowledge, the proof of loss does not contain any false,

574

incomplete, or misleading information." If this statement is not

575

printed on the proof-of-loss form, the adjuster shall add the

576

statement to the form or attach a separate page containing the

577

signed statement to the form. Pursuant to s. 817.234, any person

578

who, with the intent to injure, defraud, or deceive any insurer,

579

prepares, presents, or causes to be presented a proof of loss in

580

support of a claim under an insurance policy knowing that the

581

proof of loss contains any false, incomplete, or misleading

582

information concerning any fact or thing material to the claim,

583

commits a felony of the third degree, punishable as provided in

584

s. 775.082, s. 775.803, or s. 775.084.

585

     Section 16.  Except as otherwise expressly provided in this

586

act and except for this section, which shall take effect October

587

1, 2008, this act shall take effect January 1, 2009.

588

589

================ T I T L E  A M E N D M E N T ================

590

And the title is amended as follows:

591

     Delete everything before the enacting clause

592

and insert:

593

A bill to be entitled

594

An act relating to insurance adjusters; amending s.

595

624.501, F.S.; providing for filing fees for an

596

application for reinstatement of a suspended license;

597

amending s. 626.015, F.S.; redefining the term "adjuster"

598

to include a public adjuster apprentice; amending s.

599

626.221, F.S.; providing that certain company employee

600

adjusters and independent adjusters seeking reinstatement

601

of a suspended license are not required to take an

602

examination; amending s. 626.241, F.S.; requiring that the

603

Department of Financial Services create an examination for

604

applicants seeking licensure as a public adjuster and a

605

separate examination for applicants seeking licensure as a

606

company employee adjuster or independent adjuster;

607

amending s. 626.641, F.S.; providing that a suspended

608

license may not be reinstated unless the individual

609

seeking reinstatement files an application for

610

reinstatement which is subsequently approved by the

611

department; prohibiting the department from approving such

612

an application under certain circumstances; amending s.

613

626.854, F.S.; prohibiting a public adjuster from

614

soliciting or entering into a contract with any insured or

615

claimant under an insurance policy for a specified period

616

after the occurrence of an event that may be the subject

617

of a claim; providing an exception; providing that a

618

public adjuster's contract to adjust a claim may be

619

canceled by the client without penalty within a specified

620

period after the execution of the contract; requiring that

621

a public adjuster disclose to a client his or her right to

622

cancel a contract by specified means; prohibiting a public

623

adjuster, apprentice, or his or her agent from giving or

624

offering a monetary loan or an article in excess of a

625

specified value to a client or prospective client;

626

providing that a public adjuster may not charge, agree to,

627

or accept a fee, payment, commission, or any compensation

628

based on any claim payments for additional living expenses

629

or based on the amount of a claim payment or payment offer

630

by the insurer which occurred before the date on which the

631

adjuster and insured executed a contract with regard to

632

the claim; providing restrictions on the fees and

633

compensation that may be charged or accepted by a public

634

adjuster with regard to claims involving residential or

635

commercial policies that do or do not arise from

636

hurricanes; prohibiting a public adjuster from basing any

637

charge, fee, payment, commission, or compensation relating

638

to a supplemental claim on the corresponding previous

639

settlement or claim payment; limiting the amount of

640

compensation that may be charged, agreed to, or accepted

641

by a public adjuster to a specified amount; providing an

642

exception; providing that it is an unfair and deceptive

643

insurance trade practice for a public adjuster or any

644

other person to circulate or disseminate any

645

advertisement, announcement, or statement containing any

646

assertion, representation, or statement with respect to

647

the business of insurance which is untrue, deceptive, or

648

misleading; creating s. 626.8541, F.S.; defining the term

649

"public adjuster apprentice"; amending s. 626.865, F.S.;

650

providing qualifications that an applicant must possess

651

before the issuance of a license by the department;

652

requiring that certain persons applying for a license

653

after the completion of a period of suspension,

654

termination, cancellation, revocation, or expiration must

655

pass the examination required for licensure as a public

656

adjuster; creating s. 626.8651, F.S.; providing

657

requirements for licensure as a public adjuster

658

apprentice; requiring that the department approve an

659

application under certain circumstances; requiring that

660

the department deny an application under certain

661

circumstances; requiring that an application be

662

accompanied by an affidavit verifying certain information;

663

requiring that all license fees be paid before the

664

department issues a license; requiring the applicant to

665

file a bond in a specified amount in favor of the

666

department; providing for termination of the bond;

667

requiring that the apprentice's work be supervised by a

668

licensed adjuster in good standing; authorizing the

669

department to adopt rules governing employment

670

requirements; providing that the supervising adjuster is

671

responsible for the acts of the apprentice; providing a

672

period of effectiveness for an apprentice license;

673

providing that an individual licensed as an apprentice may

674

file an application for licensure as a public adjuster

675

after a specified period of employment as an apprentice;

676

requiring that a sworn affidavit containing certain

677

information accompany such application; prohibiting an

678

apprentice from performing any functions for which a

679

license is required after the expiration of his or her

680

license for apprenticeship without first obtaining a

681

license to work as a public adjuster; limiting the

682

authority of a public adjuster apprentice; amending s.

683

626.869, F.S.; providing for continuing education for

684

company employee adjusters, independent adjusters, and

685

public adjusters; providing for the satisfaction of

686

continuing education requirements for nonresident

687

adjusters; amending s. 626.8698, F.S.; providing

688

disciplinary guidelines for public adjusters and public

689

adjuster apprentices; amending s. 626.870, F.S.; providing

690

requirements for the reinstatement of a suspended license,

691

an appointment, or eligibility; providing for the

692

notification of denial or approval of an application for

693

reinstatement; amending s. 626.8732, F.S.; revising

694

requirements for licensure as a nonresident public

695

adjuster; providing exceptions to such requirements;

696

requiring that an applicant for licensure as a nonresident

697

public adjuster provide certain information with his or

698

her application; requiring that the department verify the

699

nonresident applicant's licensing status; creating ss.

700

626.8796 and 626.8797, F.S.; requiring that all contracts

701

for services by a public adjuster be in writing and

702

contain a specified statement regarding fraud; providing

703

that any person who knowingly and with intent to injure,

704

defraud, or deceive any insurer or who files a statement

705

of claim or proof of loss containing any false,

706

incomplete, or misleading information commits a felony of

707

the third degree; providing a statement that must be

708

signed by a public adjuster for claims under a policy

709

requiring the filing of a written proof of loss containing

710

an estimate of the costs to repair or replace damaged

711

property; providing that it is a felony of the third

712

degree for any person who, with the intent to injure,

713

defraud, or deceive any insurer, prepares, presents, or

714

causes to be presented a proof of loss in support of a

715

claim under an insurance policy knowing that the proof of

716

loss contains any false, incomplete, or misleading

717

information concerning any fact or thing material to the

718

claim; providing effective dates.

3/10/2008  8:07:00 AM     597-04576-08