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; providing that it is an

48

unfair and deceptive insurance trade practice for a public

49

adjuster or any other person to circulate or disseminate

50

any advertisement, announcement, or statement containing

51

any assertion, representation, or statement with respect

52

to the business of insurance which is untrue, deceptive,

53

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

54

term "public adjuster apprentice"; amending s. 626.865,

55

F.S.; providing qualifications that an applicant must

56

possess before the issuance of a license by the

57

department; requiring that certain persons applying for a

58

license after the completion of a period of suspension,

59

termination, cancellation, revocation, or expiration must

60

pass the examination required for licensure as a public

61

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

62

requirements for licensure as a public adjuster

63

apprentice; requiring that the department approve an

64

application under certain circumstances; requiring that

65

the department deny an application under certain

66

circumstances; requiring that an application be

67

accompanied by an affidavit verifying certain information;

68

requiring that all license fees be paid before the

69

department issues a license; requiring the applicant to

70

file a bond in a specified amount in favor of the

71

department; providing for termination of the bond;

72

requiring that the apprentice's work be supervised by a

73

licensed adjuster in good standing; authorizing the

74

department to adopt rules governing employment

75

requirements; providing that the supervising adjuster is

76

responsible for the acts of the apprentice; providing a

77

period of effectiveness for an apprentice license;

78

providing that an individual licensed as an apprentice may

79

file an application for licensure as a public adjuster

80

after a specified period of employment as an apprentice;

81

requiring that a sworn affidavit containing certain

82

information accompany such application; prohibiting an

83

apprentice from performing any functions for which a

84

license is required after the expiration of his or her

85

license for apprenticeship without first obtaining a

86

license to work as a public adjuster; limiting the

87

authority of a public adjuster apprentice; amending s.

88

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

89

company employee adjusters, independent adjusters, and

90

public adjusters; providing for the satisfaction of

91

continuing education requirements for nonresident

92

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

93

disciplinary guidelines for public adjusters and public

94

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

95

requirements for the reinstatement of a suspended license,

96

an appointment, or eligibility; providing for the

97

notification of denial or approval of an application for

98

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

99

requirements for licensure as a nonresident public

100

adjuster; providing exceptions to such requirements;

101

requiring that an applicant for licensure as a nonresident

102

public adjuster provide certain information with his or

103

her application; requiring that the department verify the

104

nonresident applicant's licensing status; creating ss.

105

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

106

for services by a public adjuster be in writing and

107

contain a specified statement regarding fraud; providing

108

that any person who knowingly and with intent to injure,

109

defraud, or deceive any insurer or who files a statement

110

of claim or proof of loss containing any false,

111

incomplete, or misleading information commits a felony of

112

the third degree; providing a statement that must be

113

signed by a public adjuster for claims under a policy

114

requiring the filing of a written proof of loss containing

115

an estimate of the costs to repair or replace damaged

116

property; providing that it is a felony of the third

117

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

118

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

119

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

120

claim under an insurance policy knowing that the proof of

121

loss contains any false, incomplete, or misleading

122

information concerning any fact or thing material to the

123

claim; providing effective dates.

124

125

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

126

127

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

128

Statutes, is amended to read:

129

     624.501  Filing, license, appointment, and miscellaneous

130

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

131

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

132

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

133

     (5)  All insurance representatives, application for license,

134

application for reinstatement of suspended license, each filing,

135

filing fee....$50.00

136

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

137

Statutes, is amended to read:

138

     626.015  Definitions.--As used in this part:

139

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

140

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

141

independent adjuster as defined in s. 626.855, or company

142

employee adjuster as defined in s. 626.856.

143

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

144

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

145

     626.221  Examination requirement; exemptions.--

146

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

147

of the following cases:

148

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

149

reinstatement of license or appointment as an agent, customer

150

representative, company employee adjuster, or independent

151

adjuster whose license has been suspended within 4 years prior to

152

the date of application or written request for reinstatement.

153

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

154

public adjuster, independent adjuster, or company employee

155

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

156

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

157

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

158

additional written examination if an application for licensure is

159

filed with the department within 48 months following the date of

160

cancellation or expiration of the prior appointment.

161

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

162

independent an adjuster for motor vehicle, property and casualty,

163

workers' compensation, and health insurance may be licensed as

164

such an adjuster without additional written examination if his or

165

her application for licensure is filed with the department within

166

48 months after cancellation or expiration of the prior license.

167

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

168

Statutes, is amended to read:

169

     626.241  Scope of examination.--

170

     (6) In order to reflect the differences between adjusting

171

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

172

department shall create an examination for applicants seeking

173

licensure as a public adjuster and a separate examination for

174

applicants seeking licensure as a company employee adjuster or

175

independent adjuster. Examinations given applicants for license

176

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

177

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

178

the application for the license, the examination may be limited

179

to adjusting in:

180

     (a)  Automobile physical damage insurance;

181

     (b)  Property and casualty insurance;

182

     (c)  Workers' compensation insurance; or

183

     (d)  Health insurance.

184

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

185

Statutes, is amended to read:

186

     626.641  Duration of suspension or revocation.--

187

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

188

or appointment or in its order suspending the eligibility of a

189

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

190

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

191

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

192

or eligibility shall remain suspended during the period so

193

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

194

the order by the department, or modification or reversal thereof

195

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

196

license, appointment, or eligibility that which has been

197

suspended shall not be reinstated except upon the filing and

198

approval of an application for request for such reinstatement

199

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

200

education courses prescribed and approved by the department; but

201

the department shall not approve an application for grant such

202

reinstatement if it finds that the circumstance or circumstances

203

for which the license, appointment, or eligibility was suspended

204

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

205

request for reinstatement is subject to denial and subject to a

206

waiting period prior to approval on the same grounds that apply

207

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

208

and 626.621, and 626.8698.

209

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

210

(7), (8), (9), (10), (11), and (12) are added to section 626.854,

211

Florida Statutes, to read:

212

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

213

Legislature finds that it is necessary for the protection of the

214

public to regulate public insurance adjusters and to prevent the

215

unauthorized practice of law.

216

     (5) A public adjuster may not directly or indirectly

217

through any other individual or entity solicit an insured or

218

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

219

     (6) A public adjuster may not directly or indirectly

220

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

221

telephonic solicitation or enter into a contract with any insured

222

or claimant under an insurance policy until at least 72 hours

223

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

224

claim under the insurance policy unless contact is initiated by

225

the insured or claimant.

226

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

227

adjust a claim without penalty or obligation within 3 business

228

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

229

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

230

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

231

The public adjuster shall disclose to the client his or her right

232

to cancel the contract and advise the client that notice of

233

cancellation must be submitted in writing and sent by certified

234

mail, return receipt requested, or other form of mailing which

235

provides proof thereof, to the public adjuster at the address

236

specified in the contract. However, when the event is a storm

237

declared to be a hurricane by the National Hurricane Center, this

238

provision applies for a period of 14 business days.

239

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

240

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

241

to circulate or disseminate any advertisement, announcement, or

242

statement containing any assertion, representation, or statement

243

with respect to the business of insurance which is untrue,

244

deceptive, or misleading.

245

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

246

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

247

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

248

or advance to a client or prospective client.

249

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

250

individual or entity acting on behalf of a public adjuster or

251

public adjuster apprentice may not give or offer to give,

252

directly or indirectly, any article of merchandise having a

253

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

254

advertising or as an inducement to entering into a contract with

255

a public adjuster.

256

     (11) For any claim under a residential or commercial

257

residential property insurance policy, a public adjuster may not

258

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

259

commission, fee, or other thing of value:

260

     (a) Based on any claim payments for additional living

261

expenses;

262

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

263

by the insurer which occurred before the date on which the

264

adjuster and the insured executed a contract with regard to the

265

claim;

266

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

267

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

268

a storm declared to be a hurricane by the National Hurricane

269

Center; or

270

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

271

claim payment by the insurer for claims based on and made

272

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

273

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

274

insured execute a contract providing for the adjuster to reopen

275

or file a supplemental claim that seeks additional payments on

276

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

277

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

278

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

279

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

280

supplemental claim.

281

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

282

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

283

claim that seeks additional payments for a claim that has been

284

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

285

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

286

settlement or previous claim payments.

287

     Section 7.  Section 626.8541, Florida Statutes, is created

288

to read:

289

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

290

"public adjuster apprentice" means any individual who is employed

291

by a licensed and appointed all-lines public adjuster in good

292

standing with the department or a public adjusting firm that

293

employs at least one licensed and appointed all-lines public

294

adjuster in good standing with the department to assist an all-

295

lines public adjuster in conducting business under the license

296

and who satisfies the requirements of s. 626.8651.

297

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

298

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

299

section, to read:

300

     626.865  Public adjuster's qualifications, bond.--

301

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

302

for a public adjuster's license upon determining that the

303

applicant has paid the applicable fees specified in s. 624.501

304

and possesses the following qualifications:

305

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

306

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

307

work authorization from the United States Bureau of Citizenship

308

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

309

     (c)  Is trustworthy and has such business reputation as

310

would reasonably assure that the applicant will conduct his or

311

her business as insurance adjuster fairly and in good faith and

312

without detriment to the public.

313

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

314

experience involving the adjusting of damages or losses under

315

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

316

licensed and appointed general lines insurance agent or as a

317

licensed and appointed all-lines or property and casualty company

318

employee adjuster or independent adjuster;, training, or

319

instruction concerning the adjusting of damages or losses under

320

insurance contracts, other than life and annuity contracts,

321

     2. Has successfully completed 12 semester hours or 18

322

quarter hours in courses on insurance, other than life and

323

annuity contracts, at an accredited institution of higher

324

learning; or

325

     3. Has completed 12 months of employment as a public

326

adjuster apprentice in accordance with s. 626.8651.

327

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

328

the provisions of those types of insurance contracts, and

329

possesses adequate knowledge of the laws of this state relating

330

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

331

in the business of insurance adjuster fairly and without injury

332

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

333

have business as a public adjuster.

334

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

335

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

336

adjuster to any individual who has not passed the examination for

337

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

338

reinstatement of a license after completion of a period of

339

suspension and any individual who is applying for a new license

340

after termination, cancellation, revocation, or expiration of a

341

prior license as a public adjuster must pass the examination

342

required for licensure as a public adjuster after approval of the

343

application for reinstatement or for a new license regardless of

344

whether the applicant passed an examination prior to issuance of

345

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

346

or expired.

347

     Section 9.  Section 626.8651, Florida Statutes, is created

348

to read:

349

     626.8651 Public adjuster apprentice license;

350

qualifications.--

351

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

352

license as a public adjuster apprentice and such further inquiry

353

or investigation as the department may make concerning an

354

applicant, the department is satisfied that the applicant is

355

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

356

approve the application.

357

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

358

such further inquiry or investigation, the department finds the

359

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

360

qualifications for licensure as a public adjuster apprentice, the

361

department shall deny the application and notify the applicant,

362

stating the grounds for denial.

363

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

364

adjuster apprentice if the applicant meets the following

365

qualifications:

366

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

367

age.

368

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

369

who possesses work authorization from the United States Bureau of

370

Citizenship and Immigration Services and is a resident of this

371

state.

372

     (c) The applicant is trustworthy and has such business

373

reputation as would reasonably assure that the applicant will

374

conduct business as a public adjuster apprentice fairly and in

375

good faith and without detriment to the public.

376

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

377

or instruction concerning the adjusting of damages or losses

378

under insurance contracts, other than life and annuity contracts,

379

is sufficiently informed as to the terms and effects of the

380

provisions of those types of insurance contracts, and possesses

381

adequate knowledge of the laws of this state relating to such

382

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

383

business as a public adjuster apprentice fairly and without

384

injury to the public. The department may adopt rules that

385

establish standards for the experience, training, or instruction

386

requirements.

387

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

388

verifying proposed employment and the applicant's trustworthiness

389

and qualifications on a form prescribed by the department and

390

executed by the proposed employer. The proposed employer must be

391

a licensed and appointed public adjuster in good standing with

392

the department or a public adjuster firm that employs at least

393

one licensed and appointed public adjuster in good standing with

394

the department.

395

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

396

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

397

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

398

adjuster apprentice, the applicant shall file with the department

399

a bond executed and issued by a surety insurer authorized to

400

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

401

conditioned for the faithful performance of his or her duties as

402

a public adjuster apprentice under the license for which the

403

applicant has applied, and thereafter maintain the bond

404

unimpaired throughout the existence of the license and for at

405

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

406

in favor of the department and shall specifically authorize

407

recovery by the department of the damages sustained in case the

408

licensee is guilty of fraud or unfair practices in connection

409

with his or her business as a public adjuster apprentice. The

410

aggregate liability of the surety for all such damages may not

411

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

412

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

413

is given to the licensee and filed with the department.

414

     (6) A public adjuster apprentice must complete at a minimum

415

100 hours of employment per month for 12 months of employment

416

under the supervision of a licensed and appointed all-lines

417

public adjuster in order to qualify for licensure as a public

418

adjuster. The department may adopt rules that establish standards

419

for the employment requirements.

420

     (7) The supervising public adjuster is responsible and

421

accountable for the acts of a public adjuster apprentice which

422

are related to transacting business as a public adjuster

423

apprentice.

424

     (8) The apprentice license is effective for 18 months

425

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

426

surrendered by the licensee; is terminated, suspended, or revoked

427

by the department; or is cancelled by the department upon

428

issuance of a public adjuster license. The department may not

429

issue a public adjuster apprentice license to any individual who

430

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

431

expiration, surrender, termination, revocation, or cancellation

432

of the license.

433

     (9) After completing the requirements for employment as a

434

public adjuster apprentice, the licensee may file an application

435

for a public adjuster license. The applicant and supervising

436

public adjuster or public adjusting firm must each file a sworn

437

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

438

the employment of the public adjuster apprentice meets the

439

requirements of this section.

440

     (10) A public adjuster apprentice licensed under this

441

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

442

adjuster's license is required after expiration of the public

443

adjuster apprentice license without having obtained a public

444

adjuster license.

445

     (11) A public adjuster apprentice has the same authority

446

as the licensed public adjuster or public adjusting firm that

447

employs the apprentice except that an apprentice may not execute

448

contracts for the services of a public adjuster or public

449

adjusting firm and may not solicit contracts for the services

450

except under the direct supervision and guidance of the

451

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

452

hold himself or herself out to be a public adjuster apprentice

453

unless the individual is licensed and holds a current appointment

454

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

455

firm that employs a licensed all-lines public adjuster.

456

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

457

Florida Statutes, is amended to read:

458

     626.869 License, adjusters; continuing education.--

459

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

460

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

461

of the following classes of insurance:

462

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

463

     (b)  Motor vehicle physical damage insurance.

464

     (c)  Property and casualty insurance.

465

     (d)  Workers' compensation insurance.

466

     (e)  Health insurance.

467

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

468

adjuster's license and appointment limited to fire and allied

469

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

470

remain licensed and appointed under the limited license and may

471

renew their appointment, but no license or appointment which has

472

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

473

reinstated, and no new or additional licenses or appointments

474

shall be issued.

475

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

476

which of the foregoing classes of business the application for

477

license is to cover.

478

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

479

employee adjuster or independent adjuster for 24 consecutive

480

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

481

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

482

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

483

the licensee regarding the current insurance laws of this state,

484

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

485

adjuster fairly and without injury to the public and to adjust

486

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

487

of this state.

488

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

489

for 24 consecutive months or longer, beginning in their birth

490

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

491

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

492

designed to inform the licensee regarding the current laws of

493

this state pertaining to all lines of insurance other than life

494

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

495

duties and responsibilities of public adjusters as set forth in

496

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

497

applicable to public adjusters and standard or representative

498

policy forms used by insurers, other than forms for life

499

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

500

business as an adjuster fairly and without injury to the public

501

and to adjust all claims in accordance with the policy or

502

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

503

continuing education courses, public adjusters must take courses

504

that are specifically designed for public adjusters and approved

505

by the department.

506

     (c)  The department shall adopt rules necessary to implement

507

and administer the continuing education requirements of this

508

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

509

extension of time during which the requirements imposed by this

510

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

511

exceed 1 year.

512

     (d) A nonresident adjuster who has met the continuing

513

education requirement of his or her home state and whose home

514

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

515

satisfies the continuing education requirement of this state. A

516

nonresident agent whose home state does not have a continuing

517

education requirement equivalent to our state must meet the

518

continuing education requirement of this state.

519

     (5)  The regulation of continuing education for licensees,

520

course providers, instructors, school officials, and monitor

521

groups shall be as provided for in s. 626.2816.

522

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

523

Florida Statutes, is amended to read:

524

     626.8698 Disciplinary guidelines for public adjusters and

525

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

526

or revoke the license of a public adjuster or public adjuster

527

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

528

for any of the following:

529

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

530

order of the department;

531

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

532

an unfair or deceptive practice;

533

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

534

thing of value pursuant to any agreement or understanding, oral

535

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

536

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

537

accepting payment for services that have not been performed;

538

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

539

     (5)  Soliciting or otherwise taking advantage of a person

540

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

541

a trauma, accident, or other similar occurrence; or

542

     (6)  Violating any ethical rule of the department.

543

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

544

Florida Statutes, to read:

545

     626.870  Application for license.--

546

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

547

suspended may not be reinstated except upon the filing and

548

approval of an application for reinstatement in accordance with

549

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

550

license, appointment, or eligibility, the individual must pass

551

the public adjuster licensing examination. An application for

552

reinstatement must be accompanied by any applicable examination

553

fee. Successful completion of the examination does not entitle

554

the applicant to have a license reinstated. The application is

555

subject to denial pursuant to ss. 626.207, 626.611, 626.621, and

556

626.8698. If the department approves an application for

557

reinstatement, the applicant shall be notified that the license

558

will be reinstated upon payment by the applicant of the

559

reinstatement fee contained in s. 624.501(15).

560

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

561

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

562

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

563

that section, to read:

564

     626.8732  Nonresident public adjuster's qualifications,

565

bond.--

566

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

567

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

568

license upon determining that the applicant has paid the

569

applicable license fees required under s. 624.501 and:

570

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

571

written Florida public adjuster's examination of the scope

572

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

573

examination does not apply to any of the following:

574

     1. An applicant who is licensed as a resident public

575

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

576

requires the passing of a written examination in order to obtain

577

the license and a reciprocal agreement with the appropriate

578

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

579

or

580

     2. An applicant who is licensed as a nonresident public

581

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

582

the state of licensure requires the passing of a written

583

examination in order to obtain the license and a reciprocal

584

agreement with the appropriate official of the state of licensure

585

has been entered into by the department.

586

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

587

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

588

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

589

issue licenses to individuals who act as public adjusters, the

590

applicant has been licensed and employed as a resident insurance

591

company or independent adjuster, insurance agent, insurance

592

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

593

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

594

years. This paragraph does not apply to individuals who are

595

licensed to transact only life insurance and annuity business had

596

sufficient experience, training, or instruction concerning the

597

adjusting of damages or losses under insurance contracts, other

598

than life and annuity contracts; is sufficiently informed as to

599

the terms and effects of the provisions of those types of

600

insurance contracts; and possesses adequate knowledge of the laws

601

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

602

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

603

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

604

he or she may have business as a public adjuster.

605

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

606

her application:

607

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

608

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

609

authorization from the licensing authority of the applicant's

610

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

611

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

612

license continuously for the past 3 years. The certificate or

613

letter of authorization must be signed by the insurance

614

commissioner or his or her deputy or the appropriate licensing

615

official and must disclose whether the adjuster has ever had any

616

license or eligibility to hold any license declined, denied,

617

suspended, revoked, or placed on probation or whether an

618

administrative fine or penalty has been levied against the

619

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

620

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

621

licensure as a public adjuster and the applicant has been

622

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

623

other insurance representative in his or her state of residence

624

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

625

letter of authorization from the licensing authority stating that

626

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

627

insurance adjuster, agent, or other insurance representative and

628

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

629

certificate or letter of authorization must be signed by the

630

insurance commissioner or his or her deputy or the appropriate

631

licensing official and must disclose whether or not the adjuster,

632

agent, or other insurance representative has ever had any license

633

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

634

revoked, or placed on probation or whether an administrative fine

635

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

636

reason for the action.

637

     (6) If available, the department shall verify the

638

nonresident applicant's licensing status through the producer

639

database maintained by the National Association of Insurance

640

Commissioners or its affiliates or subsidiaries.

641

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

642

Florida Statutes, is created to read:

643

     626.8796 Public adjuster contracts; fraud statement.--All

644

contracts for public adjuster services must be in writing and

645

must prominently display the following statement on the first

646

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

647

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

648

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

649

misleading information commits a felony of the third degree."

650

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

651

Florida Statutes, is created to read:

652

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

653

an insurance policy requires an insured or claimant to file a

654

written proof of loss containing an estimate of the costs to

655

repair or replace damaged property, a public adjuster under

656

contract to adjust the claim for the insured or claimant must

657

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

658

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

659

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

660

the cost of repair or replacement of damaged property as set

661

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

662

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

663

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

664

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

665

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

666

attach a separate page containing the signed statement to the

667

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

668

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

669

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

670

under an insurance policy knowing that the proof of loss contains

671

any false, incomplete, or misleading information concerning any

672

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

673

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

674

or s. 775.084.

675

     Section 16.  Except as otherwise expressly provided in this

676

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

677

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