1

A bill to be entitled

2

An act relating to insurance adjusters; amending s.

3

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

4

application for reinstatement of a suspended license;

5

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

6

to include a public adjuster apprentice; amending s.

7

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

8

adjusters and independent adjusters seeking reinstatement

9

of a suspended license are not required to take an

10

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

11

Department of Financial Services create an examination for

12

applicants seeking licensure as a public adjuster and a

13

separate examination for applicants seeking licensure as a

14

company employee adjuster or independent adjuster;

15

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

16

license may not be reinstated unless the individual

17

seeking reinstatement files an application for

18

reinstatement which is subsequently approved by the

19

department; prohibiting the department from approving such

20

an application under certain circumstances; amending s.

21

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

22

soliciting or entering into a contract with any insured or

23

claimant under an insurance policy for a specified period

24

after the occurrence of an event that may be the subject

25

of a claim; providing an exception; providing that a

26

public adjuster's contract to adjust a claim may be

27

canceled by the client without penalty within a specified

28

period after the execution of the contract; requiring that

29

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

30

cancel a contract by specified means; prohibiting a public

31

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

32

offering a monetary loan or an article in excess of a

33

specified value to a client or prospective client;

34

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

35

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

36

based on any claim payments for additional living expenses

37

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

38

by the insurer which occurred before the date on which the

39

adjuster and insured executed a contract with regard to

40

the claim; providing restrictions on the fees and

41

compensation that may be charged or accepted by a public

42

adjuster with regard to claims involving residential or

43

commercial policies that do or do not arise from

44

hurricanes; prohibiting a public adjuster from basing any

45

charge, fee, payment, commission, or compensation relating

46

to a supplemental claim on the corresponding previous

47

settlement or claim payment; limiting the amount of

48

compensation that may be charged, agreed to, or accepted

49

by a public adjuster to a specified amount; providing an

50

exception; providing that it is an unfair and deceptive

51

insurance trade practice for a public adjuster or any

52

other person to circulate or disseminate any

53

advertisement, announcement, or statement containing any

54

assertion, representation, or statement with respect to

55

the business of insurance which is untrue, deceptive, or

56

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

57

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

58

providing qualifications that an applicant must possess

59

before the issuance of a license by the department;

60

requiring that certain persons applying for a license

61

after the completion of a period of suspension,

62

termination, cancellation, revocation, or expiration must

63

pass the examination required for licensure as a public

64

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

65

requirements for licensure as a public adjuster

66

apprentice; requiring that the department approve an

67

application under certain circumstances; requiring that

68

the department deny an application under certain

69

circumstances; requiring that an application be

70

accompanied by an affidavit verifying certain information;

71

requiring that all license fees be paid before the

72

department issues a license; requiring the applicant to

73

file a bond in a specified amount in favor of the

74

department; providing for termination of the bond;

75

requiring that the apprentice's work be supervised by a

76

licensed adjuster in good standing; authorizing the

77

department to adopt rules governing employment

78

requirements; providing that the supervising adjuster is

79

responsible for the acts of the apprentice; providing a

80

period of effectiveness for an apprentice license;

81

providing that an individual licensed as an apprentice may

82

file an application for licensure as a public adjuster

83

after a specified period of employment as an apprentice;

84

requiring that a sworn affidavit containing certain

85

information accompany such application; prohibiting an

86

apprentice from performing any functions for which a

87

license is required after the expiration of his or her

88

license for apprenticeship without first obtaining a

89

license to work as a public adjuster; limiting the

90

authority of a public adjuster apprentice; amending s.

91

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

92

company employee adjusters, independent adjusters, and

93

public adjusters; providing for the satisfaction of

94

continuing education requirements for nonresident

95

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

96

disciplinary guidelines for public adjusters and public

97

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

98

requirements for the reinstatement of a suspended license;

99

providing for the notification of denial or approval of an

100

application for reinstatement; amending s. 626.8732, F.S.;

101

revising requirements for licensure as a nonresident

102

public adjuster; providing exceptions to such

103

requirements; requiring that an applicant for licensure as

104

a nonresident public adjuster provide certain information

105

with his or her application; requiring that the department

106

verify the nonresident applicant's licensing status;

107

creating ss. 626.8796 and 626.8797, F.S.; requiring that

108

all contracts for services by a public adjuster be in

109

writing and contain a specified statement regarding fraud;

110

providing that any person who knowingly and with intent to

111

injure, defraud, or deceive any insurer or who files a

112

statement of claim or proof of loss containing any false,

113

incomplete, or misleading information commits a felony of

114

the third degree; providing a statement that must be

115

signed by a public adjuster for claims under a policy

116

requiring the filing of a written proof of loss containing

117

an estimate of the costs to repair or replace damaged

118

property; providing that it is a felony of the third

119

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

120

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

121

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

122

claim under an insurance policy knowing that the proof of

123

loss contains any false, incomplete, or misleading

124

information concerning any fact or thing material to the

125

claim; providing an effective date.

126

127

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

128

129

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

130

Statutes, is amended to read:

131

     624.501  Filing, license, appointment, and miscellaneous

132

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

133

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

134

in advance, fees, licenses, and miscellaneous charges as follows:

135

     (5)  All insurance representatives, application for license,

136

application for reinstatement of suspended license, each filing,

137

filing fee....$50.00

138

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

139

Statutes, is amended to read:

140

     626.015  Definitions.--As used in this part:

141

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

142

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

143

independent adjuster as defined in s. 626.855, or company

144

employee adjuster as defined in s. 626.856.

145

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

146

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

147

     626.221  Examination requirement; exemptions.--

148

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

149

of the following cases:

150

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

151

reinstatement of license or appointment as an agent, customer

152

representative, company employee adjuster, or independent

153

adjuster whose license has been suspended within 4 years prior to

154

the date of application or written request for reinstatement.

155

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

156

public adjuster, independent adjuster, or company employee

157

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

158

be licensed and appointed as a company employee or, independent,

159

or public adjuster, as to these kinds of insurance, without

160

additional written examination if an application for licensure is

161

filed with the department within 48 months following the date of

162

cancellation or expiration of the prior appointment.

163

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

164

independent an adjuster for motor vehicle, property and casualty,

165

workers' compensation, and health insurance may be licensed as

166

such an adjuster without additional written examination if his or

167

her application for licensure is filed with the department within

168

48 months after cancellation or expiration of the prior license.

169

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

170

Statutes, is amended to read:

171

     626.241  Scope of examination.--

172

     (6) In order to reflect the differences between adjusting

173

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

174

department shall create an examination for applicants seeking

175

licensure as a public adjuster and a separate examination for

176

applicants seeking licensure as a company employee adjuster or

177

independent adjuster. Examinations given applicants for license

178

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

179

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

180

the application for the license, the examination may be limited

181

to adjusting in:

182

     (a)  Automobile physical damage insurance;

183

     (b)  Property and casualty insurance;

184

     (c)  Workers' compensation insurance; or

185

     (d)  Health insurance.

186

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

187

Statutes, is amended to read:

188

     626.641  Duration of suspension or revocation.--

189

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

190

or appointment or in its order suspending the eligibility of a

191

person to hold or apply for such license or appointment, specify

192

the period during which the suspension is to be in effect; but

193

such period shall not exceed 2 years. The license, appointment,

194

or eligibility shall remain suspended during the period so

195

specified, subject, however, to any rescission or modification of

196

the order by the department, or modification or reversal thereof

197

by the court, prior to expiration of the suspension period. A

198

license, appointment, or eligibility that which has been

199

suspended shall not be reinstated except upon the filing and

200

approval of an application for request for such reinstatement

201

and, in the case of a second suspension, completion of continuing

202

education courses prescribed and approved by the department; but

203

the department shall not approve an application for grant such

204

reinstatement if it finds that the circumstance or circumstances

205

for which the license, appointment, or eligibility was suspended

206

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

207

request for reinstatement is subject to denial and subject to a

208

waiting period prior to approval on the same grounds that apply

209

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

210

and 626.621, and 626.8698.

211

     Section 6.  Subsections (5), (6), (7), (8), (9), (10), (11),

212

(12), and (13) are added to section 626.854, Florida Statutes, to

213

read:

214

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

215

Legislature finds that it is necessary for the protection of the

216

public to regulate public insurance adjusters and to prevent the

217

unauthorized practice of law.

218

     (5) A public adjuster may not directly or indirectly

219

through any other person or entity solicit an insured or claimant

220

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

221

     (6) A public adjuster may not directly or indirectly

222

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

223

telephonic solicitation or enter into a contract with any insured

224

or claimant under an insurance policy until at least 72 hours

225

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

226

claim under the insurance policy unless contact is initiated by

227

the insured or claimant.

228

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

229

adjust a claim without penalty or obligation within 3 business

230

days after the date on which the contract is executed or within 3

231

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

232

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

233

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

234

her right to cancel the contract and advise the client that

235

notice of cancellation must be submitted in writing and sent by

236

certified mail, return receipt requested, or other form of

237

mailing which provides proof thereof, to the public adjuster at

238

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

239

a storm declared to be a hurricane by the National Hurricane

240

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

241

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

242

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

243

to circulate or disseminate any advertisement, announcement, or

244

statement containing any assertion, representation, or statement

245

with respect to the business of insurance which is untrue,

246

deceptive, or misleading.

247

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

248

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

249

adjuster apprentice may not give or offer to give a monetary loan

250

or advance to a client or prospective client.

251

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

252

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

253

adjuster apprentice may not give or offer to give, directly or

254

indirectly, any article of merchandise having a value in excess

255

of $25 to any person for the purpose of advertising or as an

256

inducement to entering into a contract with a public adjuster.

257

     (11) For any claim under a residential or commercial

258

residential property insurance policy, a public adjuster may not

259

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

260

commission, fee, or other thing of value:

261

     (a) Based on any claim payments for additional living

262

expenses;

263

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

264

by the insurer which occurred before the date on which the

265

adjuster and the insured executed a contract with regard to the

266

claim;

267

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

268

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

269

a storm declared to be a hurricane by the National Hurricane

270

Center; or

271

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

272

claim payment by the insurer for claims based on and made

273

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

274

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

275

insured execute a contract providing for the adjuster to reopen

276

or file a supplemental claim that seeks additional payments on

277

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

278

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

279

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

280

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

281

supplemental claim.

282

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

283

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

284

claim that seeks additional payments for a claim that has been

285

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

286

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

287

settlement or previous claim payments.

288

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

289

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

290

value based on any full or partial insurance settlement or

291

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

292

payment by the insurer:

293

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

294

or partial insurance settlement or claim payment by the insurer.

295

However, this paragraph does not apply to claims that arise out

296

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

297

Center.

298

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

299

to be a hurricane by the National Hurricane Center:

300

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

301

or partial insurance settlement or insurance claim payment by the

302

insurer on the initial claim; or

303

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

304

or partial insurance settlement or insurance claim payment by the

305

insurer if a public adjuster reopens the initial claim or files a

306

supplemental claim that seeks additional payments on behalf of an

307

insured or claimant for a claim that has been previously paid or

308

settled.

309

     Section 7.  Section 626.8541, Florida Statutes, is created

310

to read:

311

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

312

"public adjuster apprentice" means any person who is employed by

313

a licensed and appointed public adjuster in good standing with

314

the department or a public adjusting firm that employs at least

315

one licensed and appointed public adjuster in good standing with

316

the department to assist a public adjuster in conducting business

317

under the license and who satisfies the requirements of s.

318

626.8651.

319

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

320

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

321

section, to read:

322

     626.865  Public adjuster's qualifications, bond.--

323

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

324

for a public adjuster's license upon determining that the

325

applicant has paid the applicable fees specified in s. 624.501

326

and possesses the following qualifications:

327

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

328

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

329

work authorization from the United States Bureau of Citizenship

330

and Immigration Services and a bona fide resident of this state.

331

     (c)  Is trustworthy and has such business reputation as

332

would reasonably assure that the applicant will conduct his or

333

her business as insurance adjuster fairly and in good faith and

334

without detriment to the public.

335

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

336

experience involving the adjusting of damages or losses under

337

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

338

licensed and appointed general lines insurance agent or as a

339

licensed and appointed all-lines or property and casualty company

340

employee adjuster or independent adjuster;, training, or

341

instruction concerning the adjusting of damages or losses under

342

insurance contracts, other than life and annuity contracts,

343

     2. Has successfully completed 12 semester hours or 18

344

quarter hours in courses on insurance, other than life and

345

annuity contracts, at an accredited institution of higher

346

learning; or

347

     3. Has completed 12 months of employment as a public

348

adjuster apprentice in accordance with s. 626.8651.

349

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

350

the provisions of those types of insurance contracts, and

351

possesses adequate knowledge of the laws of this state relating

352

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

353

in the business of insurance adjuster fairly and without injury

354

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

355

have business as a public adjuster.

356

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

357

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

358

adjuster to any person who has not passed the examination for a

359

public adjuster's license. Any person who is applying for

360

reinstatement of a license after completion of a period of

361

suspension and any person who is applying for a new license after

362

termination, cancellation, revocation, or expiration of a prior

363

license as a public adjuster must pass the examination required

364

for licensure as a public adjuster after approval of the

365

application for reinstatement or for a new license regardless of

366

whether the applicant passed an examination prior to issuance of

367

the license that was suspended, terminated, cancelled, revoked,

368

or expired.

369

     Section 9.  Section 626.8651, Florida Statutes, is created

370

to read:

371

     626.8651 Public adjuster apprentice license;

372

qualifications.--

373

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

374

license as a public adjuster apprentice and such further inquiry

375

or investigation as the department may make concerning an

376

applicant, the department is satisfied that the applicant is

377

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

378

approve the application.

379

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

380

such further inquiry or investigation, the department finds the

381

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

382

qualifications for licensure as a public adjuster apprentice, the

383

department shall deny the application and notify the applicant,

384

stating the grounds for denial.

385

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

386

adjuster apprentice if the applicant meets the following

387

qualifications:

388

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

389

age.

390

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

391

who possesses work authorization from the United States Bureau of

392

Citizenship and Immigration Services and is a resident of this

393

state.

394

     (c) The applicant is trustworthy and has such business

395

reputation as would reasonably assure that the applicant will

396

conduct business as a public adjuster apprentice fairly and in

397

good faith and without detriment to the public.

398

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

399

or instruction concerning the adjusting of damages or losses

400

under insurance contracts, other than life and annuity contracts,

401

is sufficiently informed as to the terms and effects of the

402

provisions of those types of insurance contracts, and possesses

403

adequate knowledge of the laws of this state relating to such

404

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

405

business as a public adjuster apprentice fairly and without

406

injury to the public. The department may adopt rules that

407

establish standards for the experience, training, or instruction

408

requirements.

409

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

410

verifying proposed employment and the applicant's trustworthiness

411

and qualifications on a form prescribed by the department and

412

executed by the proposed employer. The proposed employer must be

413

a licensed and appointed public adjuster in good standing with

414

the department or a public adjuster firm that employs at least

415

one licensed and appointed public adjuster in good standing with

416

the department.

417

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

418

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

419

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

420

adjuster apprentice, the applicant shall file with the department

421

a bond executed and issued by a surety insurer authorized to

422

transact such business in this state, in the amount of $50,000,

423

conditioned for the faithful performance of his or her duties as

424

a public adjuster apprentice under the license for which the

425

applicant has applied, and thereafter maintain the bond

426

unimpaired throughout the existence of the license and for at

427

least 1 year after termination of the license. The bond shall be

428

in favor of the department and shall specifically authorize

429

recovery by the department of the damages sustained in case the

430

licensee is guilty of fraud or unfair practices in connection

431

with his or her business as public adjuster apprentice. The

432

aggregate liability of the surety for all such damages may not

433

exceed the amount of the bond, and the bond may not be terminated

434

by the issuing insurer unless written notice of at least 30 days

435

is given to the licensee and filed with the department.

436

     (6) A public adjuster apprentice must complete at least 12

437

months of employment under the supervision of a licensed and

438

appointed all-lines public adjuster in order to qualify for

439

licensure as a public adjuster. The department may adopt rules

440

that establish standards for the employment requirements.

441

     (7) The supervising public adjuster is responsible and

442

accountable for the acts of a public adjuster apprentice which

443

are related to transacting business as a public adjuster

444

apprentice.

445

     (8) The apprentice license is effective for 18 months

446

unless surrendered by the licensee; terminated, suspended, or

447

revoked by the department; or cancelled by the department upon

448

issuance of a public adjuster license.

449

     (9) After completing at least 12 months of employment as a

450

public adjuster apprentice, the licensee may file an application

451

for a public adjuster license. The applicant and supervising

452

public adjuster or public adjusting firm must each file a sworn

453

affidavit, on a form prescribed by the department, verifying that

454

the employment of the public adjuster apprentice meets the

455

requirements of this section.

456

     (10) A public adjuster apprentice licensed under this

457

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

458

adjuster's license is required after expiration of the public

459

adjuster apprentice license without having obtained a public

460

adjuster license.

461

     (11) A public adjuster apprentice has the same authority

462

as the licensed public adjuster or public adjusting firm that

463

employs the apprentice except that an apprentice may not execute

464

contracts for the services of a public adjuster or public

465

adjusting firm and may not solicit contracts for the services

466

except under the direct supervision and guidance of the

467

supervisory public adjuster.

468

     Section 10.  Section 626.869, Florida Statutes, is amended

469

to read:

470

     626.869 License, adjusters; continuing education.--

471

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

472

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

473

of the following classes of insurance:

474

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

475

     (b)  Motor vehicle physical damage insurance.

476

     (c)  Property and casualty insurance.

477

     (d)  Workers' compensation insurance.

478

     (e)  Health insurance.

479

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

480

adjuster's license and appointment limited to fire and allied

481

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

482

remain licensed and appointed under the limited license and may

483

renew their appointment, but no license or appointment which has

484

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

485

reinstated, and no new or additional licenses or appointments

486

shall be issued.

487

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

488

which of the foregoing classes of business the application for

489

license is to cover.

490

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

491

employee adjuster or independent adjuster for 24 consecutive

492

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

493

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

494

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

495

the licensee regarding the current insurance laws of this state,

496

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

497

adjuster fairly and without injury to the public and to adjust

498

all claims in accordance with the policy or contract and the laws

499

of this state.

500

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

501

for 24 consecutive months or longer, beginning in their birth

502

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

503

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

504

designed to inform the licensee regarding the current laws of

505

this state pertaining to all lines of insurance other than life

506

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

507

duties and responsibilities of public adjusters as set forth in

508

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

509

applicable to public adjusters and standard or representative

510

policy forms used by insurers, other than forms for life

511

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

512

business as an adjuster fairly and without injury to the public

513

and to adjust all claims in accordance with the policy or

514

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

515

continuing education courses, public adjusters must take courses

516

that are specifically designed for public adjusters and approved

517

by the department.

518

     (c)  The department shall adopt rules necessary to implement

519

and administer the continuing education requirements of this

520

subsection. For good cause shown, the department may grant an

521

extension of time during which the requirements imposed by this

522

section may be completed, but such extension of time may not

523

exceed 1 year.

524

     (d) A nonresident adjuster who must complete continuing

525

education requirements in his or her home state may use the home

526

state requirements to meet this state's continuing education

527

requirements as well if the resident's state recognizes

528

reciprocity with this state's continuing education requirements.

529

A nonresident whose home state does not have a continuing

530

education requirement but who is licensed for the same type and

531

class of adjuster license in another state that does have a

532

continuing education requirement may comply with this section by

533

furnishing proof of compliance with the other state's requirement

534

if that state has a reciprocal agreement with this state relative

535

to continuing education. A nonresident whose home state does not

536

have such continuing education requirements for adjusters and who

537

is not licensed as a nonresident adjuster in a state that has

538

continuing education requirements and a reciprocal agreement with

539

this state must meet the continuing education requirements of

540

this state.

541

     (5)  The regulation of continuing education for licensees,

542

course providers, instructors, school officials, and monitor

543

groups shall be as provided for in s. 626.2816.

544

     Section 11.  Section 626.8698, Florida Statutes, is amended

545

to read:

546

     626.8698 Disciplinary guidelines for public adjusters and

547

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

548

or revoke the license of a public adjuster or public adjuster

549

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

550

for any of the following:

551

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

552

order of the department;

553

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

554

an unfair or deceptive practice;

555

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

556

thing of value pursuant to any agreement or understanding, oral

557

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

558

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

559

accepting payment for services that have not been performed;

560

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

561

     (5)  Soliciting or otherwise taking advantage of a person

562

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

563

a trauma, accident, or other similar occurrence; or

564

     (6)  Violating any ethical rule of the department.

565

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

566

Florida Statutes, to read:

567

     626.870  Application for license.--

568

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

569

suspended may not be reinstated except upon the filing and

570

approval of an application for reinstatement in accordance with

571

s. 626.641 and passing of the public adjuster licensing

572

examination. An application for reinstatement must be accompanied

573

by an application for examination in accordance with s. 626.231

574

and the applicable examination fee. Successful completion of the

575

examination does not entitle the applicant to have a license

576

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

577

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

578

approves an application for reinstatement, the applicant shall be

579

notified that the license will be reinstated upon payment by the

580

applicant of the reinstatement fee contained in s. 624.501(15).

581

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

582

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

583

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

584

that section, to read:

585

     626.8732  Nonresident public adjuster's qualifications,

586

bond.--

587

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

588

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

589

license upon determining that the applicant has paid the

590

applicable license fees required under s. 624.501 and:

591

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

592

written Florida public adjuster's examination of the scope

593

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

594

examination does not apply to any of the following:

595

     1. An applicant who is licensed as a resident public

596

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

597

requires the passing of a written examination in order to obtain

598

the license and a reciprocal agreement with the appropriate

599

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

600

or

601

     2. An applicant who is licensed as a nonresident public

602

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

603

the state of licensure requires the passing of a written

604

examination in order to obtain the license and a reciprocal

605

agreement with the appropriate official of the state of licensure

606

has been entered into by the department.

607

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

608

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

609

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

610

issue licenses to persons who act as public adjusters, the

611

applicant has been licensed and employed as a resident insurance

612

company or independent adjuster, insurance agent, insurance

613

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

614

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

615

years. This paragraph does not apply to persons who are licensed

616

to transact only life insurance and annuity business had

617

sufficient experience, training, or instruction concerning the

618

adjusting of damages or losses under insurance contracts, other

619

than life and annuity contracts; is sufficiently informed as to

620

the terms and effects of the provisions of those types of

621

insurance contracts; and possesses adequate knowledge of the laws

622

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

623

him or her to engage in the business of insurance adjuster fairly

624

and without injury to the public or any member thereof with whom

625

he or she may have business as a public adjuster.

626

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

627

her application:

628

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

629

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

630

authorization from the licensing authority of the applicant's

631

state of residence, stating that the applicant holds a current or

632

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

633

license continuously for the past 3 years. The certificate or

634

letter of authorization must be signed by the insurance

635

commissioner or his or her deputy or the appropriate licensing

636

official and must disclose whether the adjuster has ever had any

637

license or eligibility to hold any license declined, denied,

638

suspended, revoked, or placed on probation or whether an

639

administrative fine or penalty has been levied against the

640

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

641

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

642

licensure as a public adjuster and the applicant has been

643

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

644

other insurance representative in his or her state of residence

645

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

646

letter of authorization from the licensing authority stating that

647

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

648

insurance adjuster, agent, or other insurance representative and

649

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

650

certificate or letter of authorization must be signed by the

651

insurance commissioner or his or her deputy or the appropriate

652

licensing official and must disclose whether or not the adjuster,

653

agent, or other insurance representative has ever had any license

654

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

655

revoked, or placed on probation or whether an administrative fine

656

or penalty has been levied against the adjuster and, if so, the

657

reason for the action.

658

     (6) If available, the department shall verify the

659

nonresident applicant's licensing status through the producer

660

database maintained by the National Association of Insurance

661

Commissioners or its affiliates or subsidiaries.

662

     Section 14.  Section 626.8796, Florida Statutes, is created

663

to read:

664

     626.8796 Public adjuster contracts; fraud statement.--All

665

contracts for public adjuster services must be in writing and

666

must prominently display the following statement on the first

667

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

668

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

669

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

670

misleading information commits a felony of the third degree."

671

     Section 15.  Section 626.8797, Florida Statutes, is created

672

to read:

673

     626.8797 Public adjusters; proof of loss certification.--If

674

an insurance policy requires an insured or claimant to file a

675

written proof of loss containing an estimate of the costs to

676

repair or replace damaged property, a public adjuster under

677

contract to adjust the claim for the insured or claimant must

678

affirm, under oath given by a notary public, the proof of loss by

679

signing the following statement: "I,..., do solemnly, sincerely,

680

and truly declare and affirm that I have reviewed the estimate of

681

the cost of repair or replacement of damaged property as set

682

forth in this proof of loss, in my best judgment the estimated

683

costs are reasonable, and, to the best of my knowledge, the proof

684

of loss does not contain any false, incomplete, or misleading

685

information." If this statement is not printed on the proof-of-

686

loss form, the adjuster shall add the statement to the form or

687

attach a separate page containing the signed statement to the

688

form. Pursuant to s. 817.234, any person who, with the intent to

689

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

690

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

691

under an insurance policy knowing that the proof of loss contains

692

any false, incomplete, or misleading information concerning any

693

fact or thing material to the claim, commits a felony of the

694

third degree, punishable as provided in s. 775.082, s. 775.803,

695

or s. 775.084.

696

     Section 16.  This act shall take effect October 1, 2008.