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. |