| 1 | A bill to be entitled |
| 2 | An act relating to property insurance appraisal umpires; |
| 3 | amending s. 624.501, F.S.; providing filing fees regarding |
| 4 | the application for and issuance of a license, as well as |
| 5 | the biennial renewal or continuation thereof, by a |
| 6 | property insurance appraisal umpire; amending s. 626.015, |
| 7 | F.S.; defining the terms "property insurance loss |
| 8 | appraiser" and "property insurance appraisal umpire" for |
| 9 | purposes of the Licensing Procedures Law; amending s. |
| 10 | 626.016, F.S.; providing that property insurance appraisal |
| 11 | umpires are subject to the powers of the Department of |
| 12 | Financial Services, the Financial Services Commission, and |
| 13 | the Office of Insurance Regulation; amending s. 626.022, |
| 14 | F.S.; expanding the scope of part I of ch. 626, F.S., to |
| 15 | include property insurance appraisal umpires; amending s. |
| 16 | 626.112, F.S.; requiring that property insurance appraisal |
| 17 | umpires operating in this state be licensed by the |
| 18 | department; creating part XII of ch. 626, F.S.; creating |
| 19 | s. 626.9931, F.S.; providing a legislative finding and |
| 20 | purpose; creating s. 626.9932, F.S.; providing the scope |
| 21 | and parameters for application; creating s. 626.9933, |
| 22 | F.S.; providing definitions; creating s. 626.9934, F.S.; |
| 23 | providing procedures for the application for licensure as |
| 24 | a property insurance appraisal umpire; requiring that all |
| 25 | applicants be fingerprinted by a law enforcement agency or |
| 26 | other entity approved by the department at the time of |
| 27 | application; requiring the department to develop and |
| 28 | maintain an updated list of licensed umpires; creating s. |
| 29 | 626.9935, F.S.; authorizing the department to adopt rules; |
| 30 | creating s. 626.9936, F.S.; providing qualifications for |
| 31 | licensure as a property insurance appraisal umpire; |
| 32 | creating s. 626.9937, F.S.; providing requirements for |
| 33 | licensure as a property insurance appraisal umpire; |
| 34 | creating s. 626.9938, F.S.; providing for the regulation |
| 35 | of umpire course providers, instructors, and courses; |
| 36 | requiring the department to adopt rules establishing |
| 37 | standards for providers, instructors, and courses; |
| 38 | requiring the department to adopt rules establishing a |
| 39 | process for determining compliance with certain |
| 40 | prelicensure requirements and adopting forms to be used |
| 41 | for the administration of such requirements; creating s. |
| 42 | 626.9939, F.S.; providing grounds for the compulsory |
| 43 | refusal, suspension, or revocation of an umpire's license; |
| 44 | creating s. 626.9940, F.S.; providing grounds for the |
| 45 | discretionary refusal, suspension, or revocation of an |
| 46 | umpire's license; creating s. 626.9941, F.S.; providing |
| 47 | ethical standards for property insurance loss appraisal |
| 48 | umpires; creating s. 626.9942, F.S.; requiring that a |
| 49 | licensed property insurance appraisal umpire retain |
| 50 | certain records for a specified period; requiring that |
| 51 | umpires make such records available for inspection and |
| 52 | copying by the department; requiring that appraisals that |
| 53 | are the subject of litigation or have been admitted as |
| 54 | evidence in a lawsuit be retained for a specified period; |
| 55 | creating s. 627.4141, F.S.; providing procedures that must |
| 56 | be followed if a residential or commercial property |
| 57 | insurance contract provides that either party may submit a |
| 58 | written demand to enter into the process of appraisal when |
| 59 | the insured and the insurer fail to mutually agree to the |
| 60 | actual cash value, the amount of loss, or the cost of |
| 61 | repair or replacement of property for which a claim has |
| 62 | been filed; providing an exception upon which an insurer |
| 63 | may refuse to accept such demand; authorizing each party |
| 64 | to select a competent and independent appraiser and to |
| 65 | notify the opposing party within a specified period; |
| 66 | requiring the appraisers to select an umpire from the |
| 67 | department's list of licensed umpires; authorizing either |
| 68 | party to file a petition, in a county or circuit court in |
| 69 | the jurisdiction in which the covered property is located, |
| 70 | to designate an umpire if the appraisers cannot agree on |
| 71 | the selection of an umpire; providing that appraisal |
| 72 | proceedings are informal unless the insurer and the |
| 73 | insured agree otherwise; defining and providing the scope |
| 74 | of the term "informal" for purposes of appraisal |
| 75 | proceedings; requiring each appraiser to submit a written |
| 76 | report to the other appraisers; requiring that any |
| 77 | differences in findings among the appraisers which cannot |
| 78 | be resolved by the appraisers themselves be submitted to |
| 79 | the umpire for review; requiring the umpire to submit his |
| 80 | or her conclusions regarding any unresolved differences in |
| 81 | the findings of the appraisers within a specified period; |
| 82 | providing that if either appraiser agrees with the |
| 83 | conclusions of the umpire, an itemized written appraisal |
| 84 | award signed by the umpire and appraiser shall be filed |
| 85 | with the insurer and shall determine the amount of the |
| 86 | loss; providing that the appraisal award is binding upon |
| 87 | the insurer and the insured; providing for compensation of |
| 88 | the appraisers and the umpire; providing that the Florida |
| 89 | Arbitration Code does not apply to residential or |
| 90 | commercial property insurance loss appraisal proceedings; |
| 91 | prohibiting the appraisal process from addressing issues |
| 92 | involving coverage or lack thereof under an insurance |
| 93 | contract; authorizing the umpire and appraisers to |
| 94 | consider causation issues when necessary to determine the |
| 95 | amount of loss; providing an effective date. |
| 96 |
|
| 97 | Be It Enacted by the Legislature of the State of Florida: |
| 98 |
|
| 99 | Section 1. Subsection (5) of section 624.501, Florida |
| 100 | Statutes, is amended, and subsection (29) is added to that |
| 101 | section, to read: |
| 102 | 624.501 Filing, license, appointment, and miscellaneous |
| 103 | fees.--The department, commission, or office, as appropriate, |
| 104 | shall collect in advance, and persons so served shall pay to it |
| 105 | in advance, fees, licenses, and miscellaneous charges as |
| 106 | follows: |
| 107 | (5) All insurance representatives and property insurance |
| 108 | appraisal umpires, application for license, each filing, filing |
| 109 | fee....$50.00 |
| 110 | (29) All property insurance appraisal umpires, fees for |
| 111 | issuance of original license and for biennial renewal or |
| 112 | continuation thereof....$50.00 |
| 113 | Section 2. Present subsections (16), (17), and (18) of |
| 114 | section 626.015, Florida Statutes, are redesignated as |
| 115 | subsections (18), (19), and (20), respectively, and new |
| 116 | subsections (16) and (17) are added to that section to read: |
| 117 | 626.015 Definitions.--As used in this part: |
| 118 | (16) "Property insurance loss appraiser" has the same |
| 119 | meaning as in s. 626.9933. |
| 120 | (17) "Property insurance appraisal umpire" has the same |
| 121 | meaning as in s. 626.9933. |
| 122 | Section 3. Subsection (1) of section 626.016, Florida |
| 123 | Statutes, is amended to read: |
| 124 | 626.016 Powers and duties of department, commission, and |
| 125 | office.-- |
| 126 | (1) The powers and duties of the Chief Financial Officer |
| 127 | and the department specified in this part apply only with |
| 128 | respect to insurance agents, insurance agencies, managing |
| 129 | general agents, insurance adjusters, reinsurance intermediaries, |
| 130 | viatical settlement brokers, customer representatives, service |
| 131 | representatives, and property insurance appraisal umpires |
| 132 | agencies. |
| 133 | Section 4. Subsection (1) of section 626.022, Florida |
| 134 | Statutes, is amended to read: |
| 135 | 626.022 Scope of part.-- |
| 136 | (1) This part applies as to insurance agents, service |
| 137 | representatives, adjusters, property insurance appraisal |
| 138 | umpires, and insurance agencies; as to any and all kinds of |
| 139 | insurance; and as to stock insurers, mutual insurers, reciprocal |
| 140 | insurers, and all other types of insurers, except that: |
| 141 | (a) It does not apply as to reinsurance, except that ss. |
| 142 | 626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss. |
| 143 | 626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541- |
| 144 | 626.591, and ss. 626.601-626.711 shall apply as to reinsurance |
| 145 | intermediaries as defined in s. 626.7492. |
| 146 | (b) The applicability of this chapter as to fraternal |
| 147 | benefit societies shall be as provided in chapter 632. |
| 148 | (c) It does not apply to a bail bond agent, as defined in |
| 149 | s. 648.25, except as provided in chapter 648 or chapter 903. |
| 150 | (d) This part does not apply to a certified public |
| 151 | accountant licensed under chapter 473 who is acting within the |
| 152 | scope of the practice of public accounting, as defined in s. |
| 153 | 473.302, provided that the activities of the certified public |
| 154 | accountant are limited to advising a client of the necessity of |
| 155 | obtaining insurance, the amount of insurance needed, or the line |
| 156 | of coverage needed, and provided that the certified public |
| 157 | accountant does not directly or indirectly receive or share in |
| 158 | any commission or referral fee. |
| 159 | Section 5. Section 626.112, Florida Statutes, is amended |
| 160 | to read: |
| 161 | 626.112 License and appointment required; agents, customer |
| 162 | representatives, adjusters, insurance agencies, service |
| 163 | representatives, managing general agents, and property insurance |
| 164 | appraisal umpires.-- |
| 165 | (1)(a) No person may be, act as, or advertise or hold |
| 166 | himself or herself out to be an insurance agent, insurance |
| 167 | adjuster, or customer representative unless he or she is |
| 168 | currently licensed by the department and appointed by an |
| 169 | appropriate appointing entity or person. |
| 170 | (b) Except as provided in subsection (6) or in applicable |
| 171 | department rules, and in addition to other conduct described in |
| 172 | this chapter with respect to particular types of agents, a |
| 173 | license as an insurance agent, service representative, customer |
| 174 | representative, or limited customer representative is required |
| 175 | in order to engage in the solicitation of insurance. For |
| 176 | purposes of this requirement, as applicable to any of the |
| 177 | license types described in this section, the solicitation of |
| 178 | insurance is the attempt to persuade any person to purchase an |
| 179 | insurance product by: |
| 180 | 1. Describing the benefits or terms of insurance coverage, |
| 181 | including premiums or rates of return; |
| 182 | 2. Distributing an invitation to contract to prospective |
| 183 | purchasers; |
| 184 | 3. Making general or specific recommendations as to |
| 185 | insurance products; |
| 186 | 4. Completing orders or applications for insurance |
| 187 | products; |
| 188 | 5. Comparing insurance products, advising as to insurance |
| 189 | matters, or interpreting policies or coverages; or |
| 190 | 6. Offering or attempting to negotiate on behalf of |
| 191 | another person a viatical settlement contract as defined in s. |
| 192 | 626.9911. |
| 193 |
|
| 194 | However, an employee leasing company licensed pursuant to |
| 195 | chapter 468 which is seeking to enter into a contract with an |
| 196 | employer that identifies products and services offered to |
| 197 | employees may deliver proposals for the purchase of employee |
| 198 | leasing services to prospective clients of the employee leasing |
| 199 | company setting forth the terms and conditions of doing |
| 200 | business; classify employees as permitted by s. 468.529; collect |
| 201 | information from prospective clients and other sources as |
| 202 | necessary to perform due diligence on the prospective client and |
| 203 | to prepare a proposal for services; provide and receive |
| 204 | enrollment forms, plans, and other documents; and discuss or |
| 205 | explain in general terms the conditions, limitations, options, |
| 206 | or exclusions of insurance benefit plans available to the client |
| 207 | or employees of the employee leasing company were the client to |
| 208 | contract with the employee leasing company. Any advertising |
| 209 | materials or other documents describing specific insurance |
| 210 | coverages must identify and be from a licensed insurer or its |
| 211 | licensed agent or a licensed and appointed agent employed by the |
| 212 | employee leasing company. The employee leasing company may not |
| 213 | advise or inform the prospective business client or individual |
| 214 | employees of specific coverage provisions, exclusions, or |
| 215 | limitations of particular plans. As to clients for which the |
| 216 | employee leasing company is providing services pursuant to s. |
| 217 | 468.525(4), the employee leasing company may engage in |
| 218 | activities permitted by ss. 626.7315, 626.7845, and 626.8305, |
| 219 | subject to the restrictions specified in those sections. If a |
| 220 | prospective client requests more specific information concerning |
| 221 | the insurance provided by the employee leasing company, the |
| 222 | employee leasing company must refer the prospective business |
| 223 | client to the insurer or its licensed agent or to a licensed and |
| 224 | appointed agent employed by the employee leasing company. |
| 225 | (2) No agent or customer representative shall solicit or |
| 226 | otherwise transact as agent or customer representative, or |
| 227 | represent or hold himself or herself out to be an agent or |
| 228 | customer representative as to, any kind or kinds of insurance as |
| 229 | to which he or she is not then licensed and appointed. |
| 230 | (3) No person shall act as an adjuster as to any class of |
| 231 | business for which he or she is not then licensed and appointed. |
| 232 | (4) No person shall be, act as, or represent or hold |
| 233 | himself or herself out to be a service representative unless he |
| 234 | or she then holds a currently effective service representative |
| 235 | license and appointment. This subsection does not apply as to |
| 236 | similar representatives or employees of casualty insurers whose |
| 237 | duties are restricted to health insurance. |
| 238 | (5) No person shall be, act as, or represent or hold |
| 239 | himself or herself out to be a managing general agent unless he |
| 240 | or she then holds a currently effective managing general agent |
| 241 | license and appointment. |
| 242 | (6) An individual employed by a life or health insurer as |
| 243 | an officer or other salaried representative may solicit and |
| 244 | effect contracts of life insurance or annuities or of health |
| 245 | insurance, without being licensed as an agent, when and only |
| 246 | when he or she is accompanied by and solicits for and on the |
| 247 | behalf of a licensed and appointed agent. |
| 248 | (7)(a) Effective October 1, 2006, no individual, firm, |
| 249 | partnership, corporation, association, or any other entity shall |
| 250 | act in its own name or under a trade name, directly or |
| 251 | indirectly, as an insurance agency, unless it complies with s. |
| 252 | 626.172 with respect to possessing an insurance agency license |
| 253 | for each place of business at which it engages in any activity |
| 254 | which may be performed only by a licensed insurance agent. Each |
| 255 | agency engaged in business in this state before January 1, 2003, |
| 256 | which is wholly owned by insurance agents currently licensed and |
| 257 | appointed under this chapter, each incorporated agency whose |
| 258 | voting shares are traded on a securities exchange, each agency |
| 259 | designated and subject to supervision and inspection as a branch |
| 260 | office under the rules of the National Association of Securities |
| 261 | Dealers, and each agency whose primary function is offering |
| 262 | insurance as a service or member benefit to members of a |
| 263 | nonprofit corporation may file an application for registration |
| 264 | in lieu of licensure in accordance with s. 626.172(3). Each |
| 265 | agency engaged in business before October 1, 2006, shall file an |
| 266 | application for licensure or registration on or before October |
| 267 | 1, 2006. |
| 268 | 1. If an agency is required to be licensed but fails to |
| 269 | file an application for licensure in accordance with this |
| 270 | section, the department shall impose on the agency an |
| 271 | administrative penalty in an amount of up to $10,000. |
| 272 | 2. If an agency is eligible for registration but fails to |
| 273 | file an application for registration or an application for |
| 274 | licensure in accordance with this section, the department shall |
| 275 | impose on the agency an administrative penalty in an amount of |
| 276 | up to $5,000. |
| 277 | (b) A registered insurance agency shall, as a condition |
| 278 | precedent to continuing business, obtain an insurance agency |
| 279 | license if the department finds that, with respect to any |
| 280 | majority owner, partner, manager, director, officer, or other |
| 281 | person who manages or controls the agency, any person has: |
| 282 | 1. Been found guilty of, or has pleaded guilty or nolo |
| 283 | contendere to, a felony in this state or any other state |
| 284 | relating to the business of insurance or to an insurance agency, |
| 285 | without regard to whether a judgment of conviction has been |
| 286 | entered by the court having jurisdiction of the cases. |
| 287 | 2. Employed any individual in a managerial capacity or in |
| 288 | a capacity dealing with the public who is under an order of |
| 289 | revocation or suspension issued by the department. An insurance |
| 290 | agency may request, on forms prescribed by the department, |
| 291 | verification of any person's license status. If a request is |
| 292 | mailed within 5 working days after an employee is hired, and the |
| 293 | employee's license is currently suspended or revoked, the agency |
| 294 | shall not be required to obtain a license, if the unlicensed |
| 295 | person's employment is immediately terminated. |
| 296 | 3. Operated the agency or permitted the agency to be |
| 297 | operated in violation of s. 626.747. |
| 298 | 4. With such frequency as to have made the operation of |
| 299 | the agency hazardous to the insurance-buying public or other |
| 300 | persons: |
| 301 | a. Solicited or handled controlled business. This |
| 302 | subparagraph shall not prohibit the licensing of any lending or |
| 303 | financing institution or creditor, with respect to insurance |
| 304 | only, under credit life or disability insurance policies of |
| 305 | borrowers from the institutions, which policies are subject to |
| 306 | part IX of chapter 627. |
| 307 | b. Misappropriated, converted, or unlawfully withheld |
| 308 | moneys belonging to insurers, insureds, beneficiaries, or others |
| 309 | and received in the conduct of business under the license. |
| 310 | c. Unlawfully rebated, attempted to unlawfully rebate, or |
| 311 | unlawfully divided or offered to divide commissions with |
| 312 | another. |
| 313 | d. Misrepresented any insurance policy or annuity |
| 314 | contract, or used deception with regard to any policy or |
| 315 | contract, done either in person or by any form of dissemination |
| 316 | of information or advertising. |
| 317 | e. Violated any provision of this code or any other law |
| 318 | applicable to the business of insurance in the course of dealing |
| 319 | under the license. |
| 320 | f. Violated any lawful order or rule of the department. |
| 321 | g. Failed or refused, upon demand, to pay over to any |
| 322 | insurer he or she represents or has represented any money coming |
| 323 | into his or her hands belonging to the insurer. |
| 324 | h. Violated the provision against twisting as defined in |
| 325 | s. 626.9541(1)(l). |
| 326 | i. In the conduct of business, engaged in unfair methods |
| 327 | of competition or in unfair or deceptive acts or practices, as |
| 328 | prohibited under part IX of this chapter. |
| 329 | j. Willfully overinsured any property insurance risk. |
| 330 | k. Engaged in fraudulent or dishonest practices in the |
| 331 | conduct of business arising out of activities related to |
| 332 | insurance or the insurance agency. |
| 333 | l. Demonstrated lack of fitness or trustworthiness to |
| 334 | engage in the business of insurance arising out of activities |
| 335 | related to insurance or the insurance agency. |
| 336 | m. Authorized or knowingly allowed individuals to transact |
| 337 | insurance who were not then licensed as required by this code. |
| 338 | 5. Knowingly employed any person who within the preceding |
| 339 | 3 years has had his or her relationship with an agency |
| 340 | terminated in accordance with paragraph (d). |
| 341 | 6. Willfully circumvented the requirements or prohibitions |
| 342 | of this code. |
| 343 | (8) No insurance agent, insurance agency, or other person |
| 344 | licensed under the Insurance Code may pay any fee or other |
| 345 | consideration to an unlicensed person other than an insurance |
| 346 | agency for the referral of prospective purchasers to an |
| 347 | insurance agent which is in any way dependent upon whether the |
| 348 | referral results in the purchase of an insurance product. |
| 349 | (9) Any person who knowingly transacts insurance or |
| 350 | otherwise engages in insurance activities in this state without |
| 351 | a license in violation of this section commits a felony of the |
| 352 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 353 | or s. 775.084. |
| 354 | (10) Effective July 1, 2009, a person may not act as, |
| 355 | represent himself or herself as, or hold himself or herself out |
| 356 | to be a property insurance appraisal umpire unless he or she |
| 357 | holds a current property insurance appraisal umpire license |
| 358 | issued by the department. |
| 359 | Section 6. Part XII of chapter 626, Florida Statutes, |
| 360 | consisting of sections 626.9931, 626.9932, 626.9933, 626.9934, |
| 361 | 626.9935, 626.9936, 626.9937, 626.9938, 626.9939, 626.9940, |
| 362 | 626.9941, and 626.9942, is created to read: |
| 363 | 626.9931 Purpose.--The Legislature finds that it is in the |
| 364 | interest of the public welfare to regulate property insurance |
| 365 | appraisal umpires in this state. |
| 366 | 626.9932 Scope of part.--The provisions of this part apply |
| 367 | to residential and commercial residential property insurance |
| 368 | contracts that contain an appraisal clause and to the umpires |
| 369 | and appraisers who participate in the appraisal process as a |
| 370 | result of an appraisal clause. |
| 371 | 626.9933 Definitions.--As used in this part, the term: |
| 372 | (1) "Appraisal" means the process of estimating or |
| 373 | evaluating actual cash value, the amount of loss, or the cost of |
| 374 | repair or replacement of property for the purpose of quantifying |
| 375 | the monetary value of a property loss claim when an insurer and |
| 376 | an insured have failed to mutually agree on the value of the |
| 377 | loss pursuant to a residential or commercial residential |
| 378 | property insurance contract that permits the resolution of a |
| 379 | claim dispute by appraisal. |
| 380 | (2) "Property insurance appraisal umpire" and "umpire" |
| 381 | mean a competent, independent, and impartial third party |
| 382 | selected by the appraisers for the insurer and insured to |
| 383 | resolve issues for which the appraisers are unable to reach an |
| 384 | agreement in the course of the appraisal process pursuant to a |
| 385 | residential or commercial residential property insurance |
| 386 | contract that permits the resolution of a claim dispute by |
| 387 | appraisal. |
| 388 | (3) "Property insurance loss appraiser" and "appraiser" |
| 389 | mean a competent and independent third party selected by an |
| 390 | insurer or an insured to develop an appraisal for purposes of |
| 391 | the appraisal process under a residential or commercial |
| 392 | residential property insurance contract that permits the |
| 393 | resolution of a claim dispute by appraisal. |
| 394 | 626.9934 Appraisal umpire application; fingerprinting |
| 395 | required; umpire list.-- |
| 396 | (1) Application for a license under this part shall be |
| 397 | made as provided in s. 626.171 and related sections of this |
| 398 | code. |
| 399 | (2) At the time of application, the applicant must be |
| 400 | fingerprinted by a law enforcement agency or other entity |
| 401 | approved by the department and must pay the fingerprint |
| 402 | processing fee specified in s. 624.501. Fingerprints must be |
| 403 | processed in accordance with s. 624.34. |
| 404 | (3) The department shall develop and maintain as a public |
| 405 | record a current list of licensed property insurance appraisal |
| 406 | umpires. |
| 407 | 626.9935 Rulemaking authority.--The department may adopt |
| 408 | rules to administer the requirements of this part pursuant to |
| 409 | ss. 120.536(1) and 120.54. |
| 410 | 626.9936 Qualifications for licensure as a property |
| 411 | insurance appraisal umpire.-- |
| 412 | (1) The department may not issue a license as a property |
| 413 | insurance appraisal umpire to any individual found by it to be |
| 414 | untrustworthy or incompetent, or who does not meet the following |
| 415 | qualifications: |
| 416 | (a) The applicant has filed an application with the |
| 417 | department in accordance with s. 626.171; |
| 418 | (b) The applicant is a natural person who is at least 18 |
| 419 | years of age; |
| 420 | (c) The applicant is a United States citizen or legal |
| 421 | alien who possesses work authorization from the United States |
| 422 | Bureau of Citizenship and Immigration Services; and |
| 423 | (d) The applicant has completed the education, experience, |
| 424 | or licensing requirements in s. 626.9937. |
| 425 | (2) An incomplete application expires 6 months after the |
| 426 | date on which it is received. |
| 427 | (3) An applicant seeking to become licensed under this |
| 428 | part may not be rejected solely by virtue of membership or lack |
| 429 | of membership in any particular appraisal organization. |
| 430 | 626.9937 Requirements as to licensure, education, |
| 431 | experience, or instruction for applicants seeking licensure as a |
| 432 | property insurance appraisal umpire.--The department may not |
| 433 | issue a license to an applicant for licensure as a property |
| 434 | insurance appraisal umpire unless the applicant meets one of the |
| 435 | following requirements: |
| 436 | (1) The applicant is currently licensed, registered, |
| 437 | certified, or approved as an engineer as defined in s. 471.005, |
| 438 | or as a retired professional engineer as defined in s. 471.005, |
| 439 | and has taught or successfully completed 4 hours of classroom |
| 440 | coursework, approved by the department, specifically related to |
| 441 | construction, building codes, appraisal procedure, appraisal |
| 442 | preparation, and any other related material deemed appropriate |
| 443 | by the department. |
| 444 | (2) The applicant is currently or, within the 5 years |
| 445 | immediately preceding the date on which the application is filed |
| 446 | with the department, has been licensed, registered, certified, |
| 447 | or approved as a general contractor, building contractor, or |
| 448 | residential contractor as defined in s. 489.105, and has taught |
| 449 | or successfully completed 4 hours of classroom coursework, |
| 450 | approved by the department, specifically related to |
| 451 | construction, building codes, appraisal procedure, appraisal |
| 452 | preparation, and any other related material deemed appropriate |
| 453 | by the department. |
| 454 | (3) The applicant is currently or, within the 5 years |
| 455 | immediately preceding the date on which the application is filed |
| 456 | with the department, has been licensed or registered as an |
| 457 | architect to engage in the practice of architecture pursuant to |
| 458 | part I of chapter 481 and has taught or successfully completed 4 |
| 459 | hours of classroom coursework, approved by the department, |
| 460 | specifically related to construction, building codes, appraisal |
| 461 | procedure, appraisal preparation, and any other related material |
| 462 | deemed appropriate by the department. |
| 463 | (4) The applicant is currently or, within the 5 years |
| 464 | immediately preceding the date on which the application is filed |
| 465 | with the department, has been a qualified geologist or |
| 466 | professional geologist as defined in s. 492.102 and has taught |
| 467 | or successfully completed 4 hours of classroom coursework, |
| 468 | approved by the department, specifically related to |
| 469 | construction, building codes, appraisal procedure, appraisal |
| 470 | preparation, and any other related material deemed appropriate |
| 471 | by the department. |
| 472 | (5) The applicant is currently or, within the 5 years |
| 473 | immediately preceding the date on which the application is filed |
| 474 | with the department, has been licensed as a certified public |
| 475 | accountant as defined in s. 473.302, and has taught or |
| 476 | successfully completed 4 hours of classroom coursework, approved |
| 477 | by the department, specifically related to construction, |
| 478 | building codes, appraisal procedure, appraisal preparation, and |
| 479 | any other related material deemed appropriate by the department. |
| 480 | (6) The applicant is currently or, within the 5 years |
| 481 | immediately preceding the date on which the application is filed |
| 482 | with the department, has been licensed as an attorney at law in |
| 483 | this state and has taught or successfully completed 4 hours of |
| 484 | classroom coursework, approved by the department, specifically |
| 485 | related to construction, building codes, appraisal procedure, |
| 486 | appraisal preparation, and any other related material deemed |
| 487 | appropriate by the department. |
| 488 | (7) The applicant has received a baccalaureate degree from |
| 489 | an accredited 4-year college in the field of engineering, |
| 490 | architecture, or building construction and has taught or |
| 491 | successfully completed 4 hours of classroom coursework, approved |
| 492 | by the department, specifically related to construction, |
| 493 | building codes, appraisal procedure, appraisal preparation, and |
| 494 | any other related material deemed appropriate by the department. |
| 495 | (8) The applicant is currently licensed as an all-lines or |
| 496 | property and casualty adjuster pursuant to part VI and: |
| 497 | (a) Has 1 year of proven experience as an employee of a |
| 498 | general contractor, building contractor, or residential |
| 499 | contractor; |
| 500 | (b) Has received a minimum of 8 semester hours or 12 |
| 501 | quarter hours of credit from an accredited college in the field |
| 502 | of accounting, geology, engineering, architecture, or building |
| 503 | construction; |
| 504 | (c) Has taught or successfully completed 24 hours of |
| 505 | classroom coursework, approved by the department, specifically |
| 506 | related to construction, building codes, appraisal procedure, |
| 507 | appraisal preparation, and any other related material deemed |
| 508 | appropriate by the department; or |
| 509 | (d) Has acted as an appraiser or umpire in a minimum of 20 |
| 510 | appraisal proceedings under a property insurance contract within |
| 511 | the 4 years immediately preceding the date on which an insurer |
| 512 | or insured demands an appraisal. |
| 513 | (9) The applicant has successfully completed 40 hours of |
| 514 | classroom coursework, approved by the department, specifically |
| 515 | related to construction, building codes, appraisal procedure, |
| 516 | appraisal preparation, property insurance, and any other related |
| 517 | material deemed appropriate by the department. |
| 518 | 626.9938 Regulation of umpire course providers, |
| 519 | instructors, and courses.-- |
| 520 | (1) Each umpire course provider, instructor, and classroom |
| 521 | course must be approved by and registered with the department |
| 522 | before prelicensure courses for property insurance appraisal |
| 523 | umpires may be offered. Each classroom course must include a |
| 524 | written examination at the conclusion of the course and must |
| 525 | cover all of the material contained in the course. A student may |
| 526 | not receive credit for the course unless the student achieves a |
| 527 | grade of not less than 75 on the examination. |
| 528 | (2) The department shall adopt rules establishing |
| 529 | standards for the approval, registration, discipline, or removal |
| 530 | from registration of course providers, instructors, and courses. |
| 531 | The standards must be designed to ensure that instructors have |
| 532 | the knowledge, competence, and integrity to fulfill the |
| 533 | educational objectives of the prelicensure requirements of this |
| 534 | part. |
| 535 | (3) The department shall adopt rules to establish a |
| 536 | process for determining compliance with the prelicensure |
| 537 | requirements of this part. The department shall adopt rules |
| 538 | prescribing the forms necessary to administer the prelicensure |
| 539 | requirements of this part. |
| 540 | (4) Approval to teach prescribed or approved appraisal |
| 541 | courses does not entitle the instructor to teach any courses |
| 542 | outside the scope of this part. |
| 543 | 626.9939 Grounds for compulsory refusal, suspension, or |
| 544 | revocation of an umpire's license.--In addition to the grounds |
| 545 | set forth in s. 626.611, the department shall deny an |
| 546 | application for, and suspend, revoke, or refuse to renew or |
| 547 | continue, a license as a property insurance appraisal umpire if |
| 548 | it finds that the licensee has: |
| 549 | (1) Violated a duty imposed upon him or her by law or by |
| 550 | the terms of a contract, whether written, oral, express, or |
| 551 | implied, in an appraisal; has aided, assisted, or conspired with |
| 552 | any other person engaged in any such misconduct and in |
| 553 | furtherance thereof; or has formed an intent, design, or scheme |
| 554 | to engage in such misconduct and committed an overt act in |
| 555 | furtherance of such intent, design, or scheme. It is immaterial |
| 556 | to a finding that a licensee has committed a violation of this |
| 557 | subsection that the victim or intended victim of the misconduct |
| 558 | has sustained no damage or loss, that the damage or loss has |
| 559 | been settled and paid after the discovery of misconduct, or that |
| 560 | such victim or intended victim was a customer or a person in a |
| 561 | confidential relation with the licensee or was an identified |
| 562 | member of the general public. |
| 563 | (2) Violated any provision of this part or any lawful |
| 564 | order or rule of the department. |
| 565 | (3) Had a registration, license, or certification as an |
| 566 | appraiser revoked, suspended, or otherwise acted against; has |
| 567 | had his or her registration, license, or certificate to practice |
| 568 | or conduct any regulated profession, business, or vocation |
| 569 | revoked or suspended by this or any other state, any nation, or |
| 570 | any possession or district of the United States; or has had an |
| 571 | application for such registration, licensure, or certification |
| 572 | to practice or conduct any regulated profession, business, or |
| 573 | vocation denied by this or any other state, any nation, or any |
| 574 | possession or district of the United States. |
| 575 | (4) Made or filed a report or record, either written or |
| 576 | oral, which the licensee knows to be false; has willfully failed |
| 577 | to file a report or record required by state or federal law; has |
| 578 | willfully impeded or obstructed such filing; or has induced |
| 579 | another person to impede or obstruct such filing. |
| 580 | (5) Accepted an appointment as an umpire if the |
| 581 | appointment itself is contingent upon the umpire reporting a |
| 582 | predetermined result, analysis, or opinion, or if the fee to be |
| 583 | paid for the services of the umpire is contingent upon the |
| 584 | opinion, conclusion, or valuation reached by the umpire. |
| 585 | 626.9940 Grounds for discretionary denial, suspension, or |
| 586 | revocation of a license as a property insurance appraisal |
| 587 | umpire.--In addition to the applicable grounds set forth in s. |
| 588 | 626.621, the department may deny an application for and suspend, |
| 589 | revoke, or refuse to renew or continue a license as a property |
| 590 | insurance appraisal umpire, if it finds that the umpire has: |
| 591 | (1) Failed to timely communicate with the appraisers |
| 592 | without good cause. |
| 593 | (2) Failed or refused to exercise reasonable diligence in |
| 594 | submitting recommendations to the appraisers. |
| 595 | (3) Violated any ethical standard for property insurance |
| 596 | appraisal umpires set forth in s. 626.9941. |
| 597 | (4) Failed to inform the department in writing within 30 |
| 598 | days after pleading guilty or nolo contendere to, or being |
| 599 | convicted or found guilty of, any felony. |
| 600 | (5) Failed to timely notify the department of any change |
| 601 | in business location, or has failed to fully disclose all |
| 602 | business locations from which he or she operates as a property |
| 603 | insurance appraisal umpire. |
| 604 | 626.9941 Ethical standards for property insurance |
| 605 | appraisal umpires.-- |
| 606 | (1) IMPARTIALITY.--An umpire shall be neutral and maintain |
| 607 | impartiality throughout the appraisal process. Impartiality |
| 608 | means freedom from favoritism or bias in word, action, or |
| 609 | appearance. An umpire shall withdraw from appraisal if the |
| 610 | umpire is no longer impartial. |
| 611 | (2) GIFTS AND SOLICITATION.--An umpire may not give or |
| 612 | accept any gift, favor, loan, or other item of value in an |
| 613 | appraisal process. During the appraisal process, an umpire may |
| 614 | not solicit or otherwise attempt to procure future professional |
| 615 | services. |
| 616 | (3) CONFLICTS OF INTEREST.--An umpire may not participate |
| 617 | in a matter that presents a clear or undisclosed conflict of |
| 618 | interest. A conflict of interest arises when any relationship |
| 619 | between the umpire and the appraisal participants or the subject |
| 620 | matter of the dispute compromises, or appears to compromise, the |
| 621 | umpire's impartiality. |
| 622 | (4) BURDEN OF DISCLOSURE.--The burden of disclosure of any |
| 623 | potential conflict of interest rests on the umpire. Disclosure |
| 624 | must be made as soon as practical after the umpire becomes aware |
| 625 | of the interest or relationship giving rise to the potential |
| 626 | conflict of interest. |
| 627 | (5) EFFECT OF DISCLOSURE.--After appropriate disclosure, |
| 628 | the umpire may serve if all parties agree. However, if a |
| 629 | conflict of interest clearly impairs an umpire's impartiality, |
| 630 | the umpire shall withdraw regardless of the express agreement of |
| 631 | the parties. |
| 632 | (6) CONFIDENTIALITY.--An umpire shall maintain |
| 633 | confidentiality of all information revealed during an appraisal |
| 634 | except where disclosure is required by law. |
| 635 | (7) RECORDKEEPING.--An umpire shall maintain |
| 636 | confidentiality in the storage and disposal of records and may |
| 637 | not disclose any identifying information when materials are used |
| 638 | for research, training, or statistical compilations. |
| 639 | (8) FEES AND EXPENSES.--An umpire holds a position of |
| 640 | trust. Fees charged for appraisal services shall be reasonable |
| 641 | and consistent with the nature of the case. An umpire shall be |
| 642 | guided by the following general principles in determining fees: |
| 643 | (a) Any charges for services as an umpire based on time |
| 644 | may not exceed actual time spent or allocated; |
| 645 | (b) Charges for costs shall be for those actually |
| 646 | incurred; and |
| 647 | (c) An umpire may not charge, agree to, or accept as |
| 648 | compensation or reimbursement any payment, commission, or fee |
| 649 | that is based on a percentage basis, or that is contingent upon |
| 650 | arriving at a particular value or any future happening or |
| 651 | outcome of the assignment. |
| 652 | (9) MAINTENANCE OF RECORDS.--An umpire shall maintain |
| 653 | records necessary to support charges for services and expenses |
| 654 | and upon request shall provide an accounting of all applicable |
| 655 | charges to the parties. |
| 656 | (10) ADVERTISING.--An umpire may not engage in marketing |
| 657 | practices that contain false or misleading information. An |
| 658 | umpire shall ensure that any advertisements of the umpire's |
| 659 | qualifications, services to be rendered, or the appraisal |
| 660 | process are accurate and honest. An umpire may not make claims |
| 661 | of achieving specific outcomes or promises implying favoritism |
| 662 | for the purpose of obtaining business. |
| 663 | (11) INTEGRITY AND IMPARTIALITY.--An umpire may not accept |
| 664 | any engagement, provide any service, or perform any act that |
| 665 | would compromise the umpire's integrity or impartiality. |
| 666 | (12) SKILL AND EXPERIENCE.--An umpire shall decline an |
| 667 | appointment or selection, withdraw, or request appropriate |
| 668 | assistance when the facts and circumstances of the appraisal are |
| 669 | beyond the umpire's skill or experience. |
| 670 | 626.9942 Retention of records.--An umpire licensed under |
| 671 | this part shall retain for at least 5 years original or true |
| 672 | copies of any contracts engaging the umpire's services, |
| 673 | appraisal reports, and supporting data assembled and formulated |
| 674 | by the umpire in preparing appraisal reports. The period for |
| 675 | retaining the records applicable to each engagement of the |
| 676 | services of the umpire starts on the date of the submission of |
| 677 | the appraisal report to the client. These records must be made |
| 678 | available by the umpire for inspection and copying by the |
| 679 | department upon reasonable notice to the umpire. If an appraisal |
| 680 | has been the subject of, or has been admitted as evidence in, a |
| 681 | lawsuit, reports and records must be retained for at least 2 |
| 682 | years after the date on which the trial ends. |
| 683 | Section 7. Section 627.4141, Florida Statutes, is created |
| 684 | to read: |
| 685 | 627.4141 Residential or commercial property insurance loss |
| 686 | appraisal.--If a residential or commercial residential property |
| 687 | insurance contract provides that either party may submit a |
| 688 | written demand to enter into the process of appraisal if the |
| 689 | insured and the insurer fail to mutually agree as to the actual |
| 690 | cash value, the amount of loss, or the cost of repair or |
| 691 | replacement of property for which a claim has been filed, that |
| 692 | process shall be governed by this section. The insurer may |
| 693 | refuse to accept the demand only if the insured materially |
| 694 | failed to comply with the post-loss obligations of the insured |
| 695 | as set forth in the policy conditions. |
| 696 | (1) Each party shall select a competent and independent |
| 697 | appraiser and notify the other party of the appraiser selected |
| 698 | within 20 days after the date of the demand for appraisal. The |
| 699 | appraisers shall select a competent, independent, and impartial |
| 700 | umpire who is on the department's list of licensed property |
| 701 | insurance appraisal umpires. If the appraisers are unable to |
| 702 | agree on an umpire within 15 days, the insured or the insurer |
| 703 | may file a petition with a county or circuit court in the |
| 704 | jurisdiction in which the covered property is located to |
| 705 | designate a licensed property insurance appraisal umpire for the |
| 706 | appraisal. |
| 707 | (2) Appraisal proceedings are informal unless the insured |
| 708 | and the insurer mutually agree otherwise. For purposes of this |
| 709 | section, "informal" means that no formal discovery shall be |
| 710 | conducted, including depositions, interrogatories, requests for |
| 711 | admission, or other forms of formal civil discovery; no formal |
| 712 | rules of evidence shall be applied; and no court reporter shall |
| 713 | be used for the proceedings. |
| 714 | (3) Each appraiser shall appraise the loss and submit a |
| 715 | written report to the other appraiser, separately stating the |
| 716 | cost of the loss, the actual cash value, or the cost to repair |
| 717 | or replace each item. The appraisers shall attempt to resolve |
| 718 | any differences in their appraisals and reach a mutual agreement |
| 719 | on all matters. If the appraisers are unable to agree, they |
| 720 | shall submit the differences in their findings to the umpire. |
| 721 | (4) The umpire shall review any differences in appraisals |
| 722 | submitted by the appraisers and determine the amount of the loss |
| 723 | for each item submitted. Within 10 days after receipt of any |
| 724 | differences in appraisals, the umpire shall submit the umpire's |
| 725 | conclusions in writing to each appraiser. |
| 726 | (5) If either appraiser agrees with the conclusions of the |
| 727 | umpire, an itemized written appraisal award signed by the umpire |
| 728 | and the appraiser shall be filed with the insurer and shall |
| 729 | determine the amount of the loss. |
| 730 | (6) The appraisal award is binding on the insurer and the |
| 731 | insured with regard to the amount of the loss. The insurer |
| 732 | retains the right to enforce policy terms, conditions, and |
| 733 | exclusions with regard to coverage issues. |
| 734 | (7) Each appraiser shall be paid by the party who selects |
| 735 | the appraiser and the expenses of the appraisal and fees of the |
| 736 | umpire shall be paid by the parties equally except, if the final |
| 737 | determination of the amount of the loss exceeds 50 percent of |
| 738 | the insurer's original appraisal, the insurer shall pay all of |
| 739 | the expenses, including any fees and expenses charged by the |
| 740 | insured's appraiser and all fees and expenses of the umpire. |
| 741 | (8) The provisions of the Florida Arbitration Code do not |
| 742 | apply to residential and commercial property insurance loss |
| 743 | appraisal proceedings. |
| 744 | (9) The appraisal process may not address issues involving |
| 745 | whether or not the loss or damage is covered under the terms of |
| 746 | the insurance contract. However, the appraisers and the umpire |
| 747 | may consider causation issues, when necessary, to determine the |
| 748 | amount of loss. |
| 749 | Section 8. This act shall take effect July 1, 2008. |