| 1 | Representative Robaina offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (262647) to Senate Bill |
| 4 | (with title amendment) |
| 5 | Between lines 20and 21 insert: |
| 6 |
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| 7 | Section 1. Effective January 1, 2009, subsection (5) of |
| 8 | section 624.501, Florida Statutes, is amended to read: |
| 9 | 624.501 Filing, license, appointment, and miscellaneous |
| 10 | fees.--The department, commission, or office, as appropriate, |
| 11 | shall collect in advance, and persons so served shall pay to it |
| 12 | in advance, fees, licenses, and miscellaneous charges as |
| 13 | follows: |
| 14 | (5) All insurance representatives, application for |
| 15 | license, application for reinstatement of suspended license, |
| 16 | each filing, filing fee....$50.00 |
| 17 | Section 2. Effective January 1, 2009, subsection (1) of |
| 18 | section 626.015, Florida Statutes, is amended to read: |
| 19 | 626.015 Definitions.--As used in this part: |
| 20 | (1) "Adjuster" means a public adjuster as defined in s. |
| 21 | 626.854, public adjuster apprentice as defined in s. 626.8541, |
| 22 | independent adjuster as defined in s. 626.855, or company |
| 23 | employee adjuster as defined in s. 626.856. |
| 24 | Section 3. Effective January 1, 2009, paragraphs (c), (e), |
| 25 | and (f) of subsection (2) of section 626.221, Florida Statutes, |
| 26 | are amended to read: |
| 27 | 626.221 Examination requirement; exemptions.-- |
| 28 | (2) However, no such examination shall be necessary in any |
| 29 | of the following cases: |
| 30 | (c) In the discretion of the department, an applicant for |
| 31 | reinstatement of license or appointment as an agent, customer |
| 32 | representative, company employee adjuster, or independent |
| 33 | adjuster whose license has been suspended within 4 years prior |
| 34 | to the date of application or written request for reinstatement. |
| 35 | (e) A person who has been licensed and appointed as an a |
| 36 | public adjuster, independent adjuster, or company employee |
| 37 | adjuster as to all property, casualty, and surety insurances, |
| 38 | may be licensed and appointed as a company employee adjuster or, |
| 39 | independent, or public adjuster, as to these kinds of insurance, |
| 40 | without additional written examination if an application for |
| 41 | licensure is filed with the department within 48 months |
| 42 | following the date of cancellation or expiration of the prior |
| 43 | appointment. |
| 44 | (f) A person who has been licensed as a company employee |
| 45 | adjuster or independent an adjuster for motor vehicle, property |
| 46 | and casualty, workers' compensation, and health insurance may be |
| 47 | licensed as such an adjuster without additional written |
| 48 | examination if his or her application for licensure is filed |
| 49 | with the department within 48 months after cancellation or |
| 50 | expiration of the prior license. |
| 51 | Section 4. Effective January 1, 2009, subsection (6) of |
| 52 | section 626.241, Florida Statutes, is amended to read: |
| 53 | 626.241 Scope of examination.-- |
| 54 | (6) In order to reflect the differences between adjusting |
| 55 | claims for an insurer and adjusting claims for an insured, the |
| 56 | department shall create an examination for applicants seeking |
| 57 | licensure as a public adjuster and a separate examination for |
| 58 | applicants seeking licensure as a company employee adjuster or |
| 59 | independent adjuster. Examinations given applicants for license |
| 60 | as an all-lines adjuster shall cover adjusting in all lines of |
| 61 | insurance, other than life and annuity; or, in accordance with |
| 62 | the application for the license, the examination may be limited |
| 63 | to adjusting in: |
| 64 | (a) Automobile physical damage insurance; |
| 65 | (b) Property and casualty insurance; |
| 66 | (c) Workers' compensation insurance; or |
| 67 | (d) Health insurance. |
| 68 |
|
| 69 | No examination on worker's compensation insurance or health |
| 70 | insurance shall be required for public adjusters. |
| 71 | Section 5. Effective January 1, 2009, subsection (1) of |
| 72 | section 626.641, Florida Statutes, is amended to read: |
| 73 | 626.641 Duration of suspension or revocation.-- |
| 74 | (1) The department shall, in its order suspending a |
| 75 | license or appointment or in its order suspending the |
| 76 | eligibility of a person to hold or apply for such license or |
| 77 | appointment, specify the period during which the suspension is |
| 78 | to be in effect; but such period shall not exceed 2 years. The |
| 79 | license, appointment, or eligibility shall remain suspended |
| 80 | during the period so specified, subject, however, to any |
| 81 | rescission or modification of the order by the department, or |
| 82 | modification or reversal thereof by the court, prior to |
| 83 | expiration of the suspension period. A license, appointment, or |
| 84 | eligibility that which has been suspended shall not be |
| 85 | reinstated except upon the filing and approval of an application |
| 86 | for request for such reinstatement and, in the case of a second |
| 87 | suspension, completion of continuing education courses |
| 88 | prescribed and approved by the department; but the department |
| 89 | shall not approve an application for grant such reinstatement if |
| 90 | it finds that the circumstance or circumstances for which the |
| 91 | license, appointment, or eligibility was suspended still exist |
| 92 | or are likely to recur. In addition, an application a request |
| 93 | for reinstatement is subject to denial and subject to a waiting |
| 94 | period prior to approval on the same grounds that apply to |
| 95 | applications for licensure pursuant to ss. 626.207, 626.611, and |
| 96 | 626.621, and 626.8698. |
| 97 | Section 6. Effective October 1, 2008, subsections (5) |
| 98 | through (12) are added to section 626.854, Florida Statutes, to |
| 99 | read: |
| 100 | 626.854 "Public adjuster" defined; prohibitions.--The |
| 101 | Legislature finds that it is necessary for the protection of the |
| 102 | public to regulate public insurance adjusters and to prevent the |
| 103 | unauthorized practice of law. |
| 104 | (5) A public adjuster may not directly or indirectly |
| 105 | through any other person or entity solicit an insured or |
| 106 | claimant by any means except on Monday through Saturday of each |
| 107 | week and only between the hours of 8 a.m. and 8 p.m. on those |
| 108 | days. |
| 109 | (6) A public adjuster may not directly or indirectly |
| 110 | through any other person or entity initiate contact or engage in |
| 111 | face-to-face or telephonic solicitation or enter into a contract |
| 112 | with any insured or claimant under an insurance policy until at |
| 113 | least 48 hours after the occurrence of an event that may be the |
| 114 | subject of a claim under the insurance policy unless contact is |
| 115 | initiated by the insured or claimant. |
| 116 | (7) An insured or claimant may cancel a public adjuster's |
| 117 | contract to adjust a claim without penalty or obligation within |
| 118 | 3 business days after the date on which the contract is executed |
| 119 | or within 3 business days after the date on which the insured or |
| 120 | claimant has notified the insurer of the claim, by phone or in |
| 121 | writing, whichever is later. The public adjuster's contract |
| 122 | shall disclose to the insured or claimant his or her right to |
| 123 | cancel the contract and advise the insured or claimant that |
| 124 | notice of cancellation must be submitted in writing and sent by |
| 125 | certified mail, return receipt requested, or other form of |
| 126 | mailing which provides proof thereof, to the public adjuster at |
| 127 | the address specified in the contract; provided, during any |
| 128 | state of emergency as declared by the Governor and for a period |
| 129 | of 1 year after the date of loss, the insured or claimant shall |
| 130 | have 5 business days after the date on which the contract is |
| 131 | executed to cancel a public adjuster's contract. |
| 132 | (8) It is an unfair and deceptive insurance trade practice |
| 133 | pursuant to s. 626.9541 for a public adjuster or any other |
| 134 | person to circulate or disseminate any advertisement, |
| 135 | announcement, or statement containing any assertion, |
| 136 | representation, or statement with respect to the business of |
| 137 | insurance which is untrue, deceptive, or misleading. |
| 138 | (9) A public adjuster, a public adjuster apprentice, or |
| 139 | any person or entity acting on behalf of a public adjuster or |
| 140 | public adjuster apprentice may not give or offer to give a |
| 141 | monetary loan or advance to a client or prospective client. |
| 142 | (10) A public adjuster, public adjuster apprentice, or any |
| 143 | individual or entity acting on behalf of a public adjuster or |
| 144 | public adjuster apprentice may not give or offer to give, |
| 145 | directly or indirectly, any article of merchandise having a |
| 146 | value in excess of $25 to any individual for the purpose of |
| 147 | advertising or as an inducement to entering into a contract with |
| 148 | a public adjuster. |
| 149 | (11)(a) If a public adjuster enters into a contract with |
| 150 | an insured or claimant to reopen a claim or to file a |
| 151 | supplemental claim that seeks additional payments for a claim |
| 152 | that has been previously paid in part or in full or settled by |
| 153 | the insurer, the public adjuster may not charge, agree to, or |
| 154 | accept any compensation, payment, commission, fee, or other |
| 155 | thing of value based on a previous settlement or previous claim |
| 156 | payments by the insurer for the same cause of loss. The charge, |
| 157 | compensation, payment, commission, fee, or other thing of value |
| 158 | may be based only on the claim payments or settlement obtained |
| 159 | through the work of the public adjuster after entering into the |
| 160 | contract with the insured or claimant. The contracts described |
| 161 | in this paragraph are not subject to the limitations in |
| 162 | paragraph (b). |
| 163 | (b) A public adjuster may not charge, agree to, or accept |
| 164 | any compensation, payment, commission, fee, or other thing of |
| 165 | value in excess of: |
| 166 | 1. Ten percent of the amount of insurance claim payments |
| 167 | by the insurer for claims based on events that are the subject |
| 168 | of a declaration of a state of emergency by the Governor. This |
| 169 | provision applies to claims made during the period of 1 year |
| 170 | after the declaration of emergency. |
| 171 | 2. Twenty percent of the amount of all other insurance |
| 172 | claim payments. |
| 173 | (12) Each public adjuster shall provide to the claimant or |
| 174 | insured a written estimate of the loss to assist in the |
| 175 | submission of a proof of loss or any other claim for payment of |
| 176 | insurance proceeds. The public adjuster shall retain such |
| 177 | written estimate for at least 5 years and shall make such |
| 178 | estimate available to the claimant or insured and the department |
| 179 | upon request. |
| 180 | |
| 181 | The provisions of subsections (5)-(12) apply only to residential |
| 182 | property insurance policies and condominium association policies |
| 183 | as defined in s. 718.111(11). |
| 184 | Section 7. Effective January 1, 2009, section 626.8541, |
| 185 | Florida Statutes, is created to read: |
| 186 | 626.8541 Public adjuster apprentice.-- |
| 187 | (1) A "public adjuster apprentice" is any person who is |
| 188 | not a licensed public adjuster, who is employed by or has a |
| 189 | contract with a licensed and appointed public adjuster in good |
| 190 | standing with the department or a public adjusting firm that |
| 191 | employs at least one licensed and appointed public adjuster in |
| 192 | good standing with the department to assist a public adjuster in |
| 193 | conducting business under the license, and who satisfies the |
| 194 | requirements of s. 626.8651. |
| 195 | (2) A public adjuster apprentice must work with a licensed |
| 196 | and appointed public adjuster for a period of 12 months as set |
| 197 | forth in this section, and who otherwise is in full compliance |
| 198 | with this chapter, prior to being eligible for appointment as a |
| 199 | licensed public adjuster. |
| 200 | Section 8. Effective January 1, 2009, paragraph (e) of |
| 201 | subsection (1) of section 626.865, Florida Statutes, is amended, |
| 202 | and subsection (3) is added to that section, to read: |
| 203 | 626.865 Public adjuster's qualifications, bond.-- |
| 204 | (1) The department shall issue a license to an applicant |
| 205 | for a public adjuster's license upon determining that the |
| 206 | applicant has paid the applicable fees specified in s. 624.501 |
| 207 | and possesses the following qualifications: |
| 208 | (e) Has passed the any required written examination. |
| 209 | (3) The department may not issue a license as a public |
| 210 | adjuster to any individual who has not passed the examination |
| 211 | for a public adjuster's license. Any individual who is applying |
| 212 | for reinstatement of a license after completion of a period of |
| 213 | suspension and any individual who is applying for a new license |
| 214 | after termination, cancellation, revocation, or expiration of a |
| 215 | prior license as a public adjuster must pass the examination |
| 216 | required for licensure as a public adjuster after approval of |
| 217 | the application for reinstatement or for a new license |
| 218 | regardless of whether the applicant passed an examination prior |
| 219 | to issuance of the license that was suspended, terminated, |
| 220 | canceled, revoked, or expired. |
| 221 | Section 9. Effective January 1, 2009, section 626.8651, |
| 222 | Florida Statutes, is created to read: |
| 223 | 626.8651 Public adjuster apprentice license; |
| 224 | qualifications.-- |
| 225 | (1) The department shall issue a license as a public |
| 226 | adjuster apprentice to an applicant who is: |
| 227 | (a) A natural person at least 18 years of age. |
| 228 | (b) A United States citizen or legal alien who possesses |
| 229 | work authorization from the United States Bureau of Citizenship |
| 230 | and Immigration Services and is a resident of this state. |
| 231 | (c) Trustworthy and has such business reputation as would |
| 232 | reasonably ensure that the applicant will conduct business as a |
| 233 | public adjuster apprentice fairly and in good faith and without |
| 234 | detriment to the public. |
| 235 | (2) All applicable license fees, as prescribed in s. |
| 236 | 624.501, must be paid in full before issuance of the license. |
| 237 | (3) At the time of application for license as a public |
| 238 | adjuster apprentice, the applicant shall file with the |
| 239 | department a bond executed and issued by a surety insurer |
| 240 | authorized to transact such business in this state in the amount |
| 241 | of $50,000, conditioned upon the faithful performance of his or |
| 242 | her duties as a public adjuster apprentice under the license for |
| 243 | which the applicant has applied, and thereafter maintain the |
| 244 | bond unimpaired throughout the existence of the license and for |
| 245 | at least 1 year after termination of the license. The bond shall |
| 246 | be in favor of the department and shall specifically authorize |
| 247 | recovery by the department of the damages sustained in case the |
| 248 | licensee commits fraud or unfair practices in connection with |
| 249 | his or her business as a public adjuster apprentice. The |
| 250 | aggregate liability of the surety for all such damages may not |
| 251 | exceed the amount of the bond, and the bond may not be |
| 252 | terminated by the issuing insurer unless written notice of at |
| 253 | least 30 days is given to the licensee and filed with the |
| 254 | department. |
| 255 | (4) A public adjuster apprentice shall complete at a |
| 256 | minimum 100 hours of employment per month for 12 months of |
| 257 | employment under the supervision of a licensed and appointed |
| 258 | all-lines public adjuster in order to qualify for licensure as a |
| 259 | public adjuster. The department may adopt rules that establish |
| 260 | standards for such employment requirements. |
| 261 | (5) A supervising public adjuster shall be responsible and |
| 262 | accountable for the acts of a public adjuster apprentice which |
| 263 | are related to transacting business as a public adjuster |
| 264 | apprentice. |
| 265 | (6) An apprentice license is effective for 18 months |
| 266 | unless the license expires due to lack of maintaining an |
| 267 | appointment; is surrendered by the licensee; is terminated, |
| 268 | suspended, or revoked by the department; or is canceled by the |
| 269 | department upon issuance of a public adjuster license. The |
| 270 | department may not issue a public adjuster apprentice license to |
| 271 | any individual who has held such a license in this state within |
| 272 | 2 years after expiration, surrender, termination, revocation, or |
| 273 | cancellation of the license. |
| 274 | (7) After completing the requirements for employment as a |
| 275 | public adjuster apprentice, the licensee may file an application |
| 276 | for a public adjuster license. The applicant and supervising |
| 277 | public adjuster or public adjusting firm must each file a sworn |
| 278 | affidavit, on a form prescribed by the department, verifying |
| 279 | that the employment of the public adjuster apprentice meets the |
| 280 | requirements of this section. |
| 281 | (8) In no event shall a public adjuster apprentice |
| 282 | licensed under this section perform any of the functions for |
| 283 | which a public adjuster's license is required after expiration |
| 284 | of the public adjuster apprentice license without having |
| 285 | obtained a public adjuster license. |
| 286 | (9) A public adjuster apprentice has the same authority as |
| 287 | the licensed public adjuster or public adjusting firm that |
| 288 | employs the apprentice except that an apprentice may not execute |
| 289 | contracts for the services of a public adjuster or public |
| 290 | adjusting firm and may not solicit contracts for the services |
| 291 | except under the direct supervision and guidance of the |
| 292 | supervisory public adjuster. An individual may not be, act as, |
| 293 | or hold himself or herself out to be a public adjuster |
| 294 | apprentice unless the individual is licensed and holds a current |
| 295 | appointment by a licensed public all-lines adjuster or a public |
| 296 | adjusting firm that employs a licensed all-lines public |
| 297 | adjuster. |
| 298 | Section 10. Effective October 1, 2008, subsections (1) and |
| 299 | (4) of section 626.869, Florida Statutes, are amended to read: |
| 300 | 626.869 License, adjusters; continuing education.-- |
| 301 | (1) An applicant for a license as an adjuster may qualify |
| 302 | and his or her license when issued may cover adjusting in any |
| 303 | one of the following classes of insurance: |
| 304 | (a) All lines of insurance except life and annuities. |
| 305 | (b) Motor vehicle physical damage insurance. |
| 306 | (c) Property and casualty insurance. |
| 307 | (d) Workers' compensation insurance. |
| 308 | (e) Health insurance. |
| 309 |
|
| 310 | No examination on worker's compensation insurance or health |
| 311 | insurance shall be required for public adjusters. |
| 312 | (4)(a) Any individual holding a license as a company |
| 313 | employee adjuster or independent adjuster for 24 consecutive |
| 314 | months or longer must, beginning in his or her birth month and |
| 315 | every 2 years thereafter, have completed 24 hours of courses, 2 |
| 316 | hours of which relate to ethics, in subjects designed to inform |
| 317 | the licensee regarding the current insurance laws of this state, |
| 318 | so as to enable him or her to engage in business as an insurance |
| 319 | adjuster fairly and without injury to the public and to adjust |
| 320 | all claims in accordance with the policy or contract and the |
| 321 | laws of this state. |
| 322 | (b) Any individual holding a license as a public adjuster |
| 323 | for 24 consecutive months or longer, beginning in their birth |
| 324 | month and every 2 years thereafter, must have completed 24 hours |
| 325 | of courses, 2 hours of which relate to ethics, in subjects |
| 326 | designed to inform the licensee regarding the current laws of |
| 327 | this state pertaining to all lines of insurance other than life |
| 328 | and annuities, the current laws of this state pertaining to the |
| 329 | duties and responsibilities of public adjusters as set forth in |
| 330 | this part, and the current rules of the department applicable to |
| 331 | public adjusters and standard or representative policy forms |
| 332 | used by insurers, other than forms for life insurance and |
| 333 | annuities, so as to enable him or her to engage in business as |
| 334 | an adjuster fairly and without injury to the public and to |
| 335 | adjust all claims in accordance with the policy or contract and |
| 336 | laws of this state. In order to receive credit for continuing |
| 337 | education courses, public adjusters must take courses that are |
| 338 | specifically designed for public adjusters and approved by the |
| 339 | department, provided, however, no continuing education course |
| 340 | shall be required for public adjusters for worker's compensation |
| 341 | insurance or health insurance. |
| 342 | (c) The department shall adopt rules necessary to |
| 343 | implement and administer the continuing education requirements |
| 344 | of this subsection. For good cause shown, the department may |
| 345 | grant an extension of time during which the requirements imposed |
| 346 | by this section may be completed, but such extension of time may |
| 347 | not exceed 1 year. |
| 348 | (d) A nonresident public adjuster must complete the |
| 349 | continuing education requirements provided by this section; |
| 350 | provided, a nonresident public adjuster may meet the |
| 351 | requirements of this section if the continuing education |
| 352 | requirements of the nonresident public adjuster's home state are |
| 353 | determined to be substantially comparable to the requirements of |
| 354 | this state's continuing education requirements and if the |
| 355 | resident's state recognizes reciprocity with this state's |
| 356 | continuing education requirements. A nonresident public adjuster |
| 357 | whose home state does not have such continuing education |
| 358 | requirements for adjusters, and who is not licensed as a |
| 359 | nonresident adjuster in a state that has continuing education |
| 360 | requirements and reciprocates with this state, must meet the |
| 361 | continuing education requirements of this section. |
| 362 | Section 11. Effective October 1, 2008, section 626.8698, |
| 363 | Florida Statutes, is amended to read: |
| 364 | 626.8698 Disciplinary guidelines for public adjusters and |
| 365 | public adjuster apprentices.--The department may deny, suspend, |
| 366 | or revoke the license of a public adjuster or public adjuster |
| 367 | apprentice, and administer a fine not to exceed $5,000 per act, |
| 368 | for any of the following: |
| 369 | (1) Violating any provision of this chapter or a rule or |
| 370 | order of the department; |
| 371 | (2) Receiving payment or anything of value as a result of |
| 372 | an unfair or deceptive practice; |
| 373 | (3) Receiving or accepting any fee, kickback, or other |
| 374 | thing of value pursuant to any agreement or understanding, oral |
| 375 | or otherwise; entering into a split-fee arrangement with another |
| 376 | person who is not a public adjuster; or being otherwise paid or |
| 377 | accepting payment for services that have not been performed; |
| 378 | (4) Violating s. 316.066 or s. 817.234; |
| 379 | (5) Soliciting or otherwise taking advantage of a person |
| 380 | who is vulnerable, emotional, or otherwise upset as the result |
| 381 | of a trauma, accident, or other similar occurrence; or |
| 382 | (6) Violating any ethical rule of the department. |
| 383 | Section 12. Effective January 1, 2009, subsection (4) is |
| 384 | added to section 626.870, Florida Statutes, to read: |
| 385 | 626.870 Application for license.-- |
| 386 | (4) A license, an appointment, or eligibility that has |
| 387 | been suspended may not be reinstated except upon the filing and |
| 388 | approval of an application for reinstatement in accordance with |
| 389 | s. 626.641. In addition, for reinstatement of a public |
| 390 | adjuster's license, appointment, or eligibility, the individual |
| 391 | must pass the public adjuster licensing examination. An |
| 392 | application for reinstatement must be accompanied by any |
| 393 | applicable examination fee. Successful completion of the |
| 394 | examination does not entitle the applicant to have a license |
| 395 | reinstated. The application is subject to denial pursuant to ss. |
| 396 | 626.207, 626.611, 626.621, and 626.8698. If the department |
| 397 | approves an application for reinstatement, the applicant shall |
| 398 | be notified that the license will be reinstated upon payment by |
| 399 | the applicant of the reinstatement fee contained in s. |
| 400 | 624.501(15). |
| 401 | Section 13. Effective January 1, 2009, paragraphs (b) and |
| 402 | (e) of subsection (1) and paragraphs (b) and (c) of subsection |
| 403 | (2) of section 626.8732, Florida Statutes, are amended, and |
| 404 | subsection (6) is added to that section, to read: |
| 405 | 626.8732 Nonresident public adjuster's qualifications, |
| 406 | bond.-- |
| 407 | (1) The department shall, upon application therefor, issue |
| 408 | a license to an applicant for a nonresident public adjuster's |
| 409 | license upon determining that the applicant has paid the |
| 410 | applicable license fees required under s. 624.501 and: |
| 411 | (b) Has passed to the satisfaction of the department a |
| 412 | written Florida public adjuster's examination of the scope |
| 413 | prescribed in s. 626.241(6); however, the requirement for such |
| 414 | an examination does not apply to any of the following: |
| 415 | 1. An applicant who is licensed as a resident public |
| 416 | adjuster in his or her state of residence, when that state |
| 417 | requires the passing of a written examination in order to obtain |
| 418 | the license and a reciprocal agreement with the appropriate |
| 419 | official of that state has been entered into by the department; |
| 420 | or |
| 421 | 2. An applicant who is licensed as a nonresident public |
| 422 | adjuster in a state other than his or her state of residence |
| 423 | when the state of licensure requires the passing of a written |
| 424 | examination in order to obtain the license and a reciprocal |
| 425 | agreement with the appropriate official of the state of |
| 426 | licensure has been entered into by the department. |
| 427 | (e) Has been licensed and employed as a public adjuster in |
| 428 | the applicant's state of residence on a continual basis for the |
| 429 | past 3 years, or, if the applicant's state of residence does not |
| 430 | issue licenses to individuals who act as public adjusters, the |
| 431 | applicant has been licensed and employed as a resident insurance |
| 432 | company or independent adjuster, insurance agent, insurance |
| 433 | broker, or other insurance representative in his or her state of |
| 434 | residence or any other state on a continual basis for the past 3 |
| 435 | years. This paragraph does not apply to individuals who are |
| 436 | licensed to transact only life insurance and annuity business |
| 437 | had sufficient experience, training, or instruction concerning |
| 438 | the adjusting of damages or losses under insurance contracts, |
| 439 | other than life and annuity contracts; is sufficiently informed |
| 440 | as to the terms and effects of the provisions of those types of |
| 441 | insurance contracts; and possesses adequate knowledge of the |
| 442 | laws of this state relating to such contracts as to enable and |
| 443 | qualify him or her to engage in the business of insurance |
| 444 | adjuster fairly and without injury to the public or any member |
| 445 | thereof with whom he or she may have business as a public |
| 446 | adjuster. |
| 447 | (2) The applicant shall furnish the following with his or |
| 448 | her application: |
| 449 | (b) If currently licensed as a resident public adjuster in |
| 450 | the applicant's state of residence, a certificate or letter of |
| 451 | authorization from the licensing authority of the applicant's |
| 452 | state of residence, stating that the applicant holds a current |
| 453 | or comparable license to act as a public adjuster and has held |
| 454 | the license continuously for the past 3 years. The certificate |
| 455 | or letter of authorization must be signed by the insurance |
| 456 | commissioner or his or her deputy or the appropriate licensing |
| 457 | official and must disclose whether the adjuster has ever had any |
| 458 | license or eligibility to hold any license declined, denied, |
| 459 | suspended, revoked, or placed on probation or whether an |
| 460 | administrative fine or penalty has been levied against the |
| 461 | adjuster and, if so, the reason for the action. |
| 462 | (c) If the applicant's state of residence does not require |
| 463 | licensure as a public adjuster and the applicant has been |
| 464 | licensed as a resident insurance adjuster, agent, broker, or |
| 465 | other insurance representative in his or her state of residence |
| 466 | or any other state within the past 3 years, a certificate or |
| 467 | letter of authorization from the licensing authority stating |
| 468 | that the applicant holds or has held a license to act as such an |
| 469 | insurance adjuster, agent, or other insurance representative and |
| 470 | has held the license continuously for the past 3 years. The |
| 471 | certificate or letter of authorization must be signed by the |
| 472 | insurance commissioner or his or her deputy or the appropriate |
| 473 | licensing official and must disclose whether or not the |
| 474 | adjuster, agent, or other insurance representative has ever had |
| 475 | any license or eligibility to hold any license declined, denied, |
| 476 | suspended, revoked, or placed on probation or whether an |
| 477 | administrative fine or penalty has been levied against the |
| 478 | adjuster and, if so, the reason for the action. |
| 479 | (6) If available, the department shall verify the |
| 480 | nonresident applicant's licensing status through the producer |
| 481 | database maintained by the National Association of Insurance |
| 482 | Commissioners or its affiliates or subsidiaries. |
| 483 | Section 14. Effective October 1, 2008, section 626.8796, |
| 484 | Florida Statutes, is created to read: |
| 485 | 626.8796 Public adjuster contracts; fraud statement.--All |
| 486 | contracts for public adjuster services must be in writing and |
| 487 | must prominently display the following statement on the |
| 488 | contract: "Pursuant to s. 817.234, Florida Statutes, any person |
| 489 | who, with the intent to injure, defraud, or deceive any insurer |
| 490 | or insured, prepares, presents, or causes to be presented a |
| 491 | proof of loss or estimate of cost or repair of damaged property |
| 492 | in support of a claim under an insurance policy knowing that the |
| 493 | proof of loss or estimate of claim or repairs contains any |
| 494 | false, incomplete, or misleading information concerning any fact |
| 495 | or thing material to the claim commits a felony of the third |
| 496 | degree, punishable as provided in s. 775.082, s. 775.803, or s. |
| 497 | 775.084, Florida Statutes." |
| 498 | Section 15. Effective October 1, 2008, section 626.8797, |
| 499 | Florida Statutes, is created to read: |
| 500 | 626.8797 Proof of loss; fraud statement.--All proof of |
| 501 | loss statements must prominently display the following |
| 502 | statement: "Pursuant to s. 817.234, Florida Statutes, any person |
| 503 | who, with the intent to injure, defraud, or deceive any insurer |
| 504 | or insured, prepares, presents, or causes to be presented a |
| 505 | proof of loss or estimate of cost or repair of damaged property |
| 506 | in support of a claim under an insurance policy knowing that the |
| 507 | proof of loss or estimate of claim or repairs contains any |
| 508 | false, incomplete, or misleading information concerning any fact |
| 509 | or thing material to the claim commits a felony of the third |
| 510 | degree, punishable as provided in s. 775.082, s. 775.803, or s. |
| 511 | 775.084, Florida Statutes." |
| 512 |
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| 513 |
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| 514 |
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| 515 |
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| 516 |
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| 517 | ----------------------------------------------------- |
| 518 | T I T L E A M E N D M E N T |
| 519 | Remove line 2 and insert: |
| 520 | An act relating to insurance; amending s. 624.501, F.S.; |
| 521 | providing for filing fees for an application for reinstatement |
| 522 | of a suspended license; amending s. 626.015, F.S.; redefining |
| 523 | the term "adjuster" to include a public adjuster apprentice; |
| 524 | amending s. 626.221, F.S.; providing that certain company |
| 525 | employee adjusters and independent adjusters seeking |
| 526 | reinstatement of a suspended license are not required to take an |
| 527 | examination; amending s. 626.241, F.S.; requiring that the |
| 528 | Department of Financial Services create an examination for |
| 529 | applicants seeking licensure as a public adjuster and a separate |
| 530 | examination for applicants seeking licensure as a company |
| 531 | employee adjuster or independent adjuster; providing that an |
| 532 | examination on worker's compensation insurance or health |
| 533 | insurance may not be required for public adjusters; amending s. |
| 534 | 626.641, F.S.; providing that a suspended license may not be |
| 535 | reinstated unless the individual seeking reinstatement files an |
| 536 | application for reinstatement which is subsequently approved by |
| 537 | the department; prohibiting the department from approving such |
| 538 | an application under certain circumstances; amending s. 626.854, |
| 539 | F.S.; prohibiting a public adjuster from soliciting or entering |
| 540 | into a contract with any insured or claimant under an insurance |
| 541 | policy for a specified period after the occurrence of an event |
| 542 | that may be the subject of a claim; providing an exception; |
| 543 | providing that a public adjuster's contract to adjust a claim |
| 544 | may be canceled by the client without penalty within a specified |
| 545 | period after the execution of the contract; requiring that a |
| 546 | public adjuster disclose to a client his or her right to cancel |
| 547 | a contract by specified means; providing an exception during a |
| 548 | state of emergency; specifying an unfair and deceptive insurance |
| 549 | trade practice; prohibiting a public adjuster, apprentice, or |
| 550 | his or her agent from giving or offering a monetary loan or an |
| 551 | article in excess of a specified value to a client or |
| 552 | prospective client; prohibiting a public adjuster from basing |
| 553 | any charge, fee, payment, commission, or compensation relating |
| 554 | to a supplemental claim on the corresponding previous settlement |
| 555 | or claim payment; prohibiting a public adjuster from charging, |
| 556 | agreeing to, or accepting a fee, payment, commission, or any |
| 557 | compensation in excess of certain amounts; providing |
| 558 | application; requiring public adjusters to provide claimants or |
| 559 | insureds a written estimate of certain losses relating to claims |
| 560 | for payment of insurance proceeds; requiring adjusters to retain |
| 561 | estimates for a specified time and make estimates available to |
| 562 | claimants, insureds, and the department; creating s. 626.8541, |
| 563 | F.S.; defining the term "public adjuster apprentice"; amending |
| 564 | s. 626.865, F.S.; providing qualifications that an applicant |
| 565 | must possess before the issuance of a license by the department; |
| 566 | requiring that certain persons applying for a license after the |
| 567 | completion of a period of suspension, termination, cancellation, |
| 568 | revocation, or expiration must pass the examination required for |
| 569 | licensure as a public adjuster; creating s. 626.8651, F.S.; |
| 570 | providing requirements for licensure as a public adjuster |
| 571 | apprentice; requiring that the department approve an application |
| 572 | under certain circumstances; requiring that all license fees be |
| 573 | paid before the department issues a license; requiring the |
| 574 | applicant to file a bond in a specified amount in favor of the |
| 575 | department; providing for termination of the bond; requiring |
| 576 | that the apprentice's work be supervised by a licensed adjuster |
| 577 | in good standing; authorizing the department to adopt rules |
| 578 | governing employment requirements; providing that the |
| 579 | supervising adjuster is responsible for the acts of the |
| 580 | apprentice; providing a period of effectiveness for an |
| 581 | apprentice license; providing that an individual licensed as an |
| 582 | apprentice may file an application for licensure as a public |
| 583 | adjuster after a specified period of employment as an |
| 584 | apprentice; requiring that a sworn affidavit containing certain |
| 585 | information accompany such application; prohibiting an |
| 586 | apprentice from performing any functions for which a license is |
| 587 | required after the expiration of his or her license for |
| 588 | apprenticeship without first obtaining a license to work as a |
| 589 | public adjuster; limiting the authority of a public adjuster |
| 590 | apprentice; amending s. 626.869, F.S.; providing that an |
| 591 | examination on worker's compensation insurance or health |
| 592 | insurance may not be required for public adjusters; providing |
| 593 | for continuing education for company employee adjusters, |
| 594 | independent adjusters, and public adjusters; providing for the |
| 595 | satisfaction of continuing education requirements for |
| 596 | nonresident adjusters; amending s. 626.8698, F.S.; providing |
| 597 | disciplinary guidelines for public adjusters and public adjuster |
| 598 | apprentices; amending s. 626.870, F.S.; providing requirements |
| 599 | for the reinstatement of a suspended license, an appointment, or |
| 600 | eligibility; providing for the notification of approval of an |
| 601 | application for reinstatement; amending s. 626.8732, F.S.; |
| 602 | revising requirements for licensure as a nonresident public |
| 603 | adjuster; providing exceptions to such requirements; requiring |
| 604 | that an applicant for licensure as a nonresident public adjuster |
| 605 | provide certain information with his or her application; |
| 606 | requiring that the department verify the nonresident applicant's |
| 607 | licensing status; creating s. 626.8796, F.S.; requiring that all |
| 608 | contracts for services by a public adjuster be in writing and |
| 609 | contain a specified statement regarding fraud; creating s. |
| 610 | 626.8797, F.S.; requiring that proof of loss statements contain |
| 611 | a specified statement regarding fraud; amending s. |
| 612 |
|