| 1 | A bill to be entitled |
| 2 | An act relating to insurance adjusters; amending s. |
| 3 | 624.501, F.S.; providing for filing fees for an |
| 4 | application for reinstatement of a suspended license; |
| 5 | amending s. 626.015, F.S.; redefining the term "adjuster" |
| 6 | to include a public adjuster apprentice; amending s. |
| 7 | 626.221, F.S.; providing that certain company employee |
| 8 | adjusters and independent adjusters seeking reinstatement |
| 9 | of a suspended license are not required to take an |
| 10 | examination; amending s. 626.241, F.S.; requiring that the |
| 11 | Department of Financial Services create an examination for |
| 12 | applicants seeking licensure as a public adjuster and a |
| 13 | separate examination for applicants seeking licensure as a |
| 14 | company employee adjuster or independent adjuster; |
| 15 | amending s. 626.641, F.S.; providing that a suspended |
| 16 | license may not be reinstated unless the individual |
| 17 | seeking reinstatement files an application for |
| 18 | reinstatement which is subsequently approved by the |
| 19 | department; prohibiting the department from approving such |
| 20 | an application under certain circumstances; amending s. |
| 21 | 626.854, F.S.; prohibiting a public adjuster from |
| 22 | soliciting or entering into a contract with any insured or |
| 23 | claimant under an insurance policy for a specified period |
| 24 | after the occurrence of an event that may be the subject |
| 25 | of a claim; providing an exception; providing that a |
| 26 | public adjuster's contract to adjust a claim may be |
| 27 | canceled by the client without penalty within a specified |
| 28 | period after the execution of the contract; requiring that |
| 29 | a public adjuster disclose to a client his or her right to |
| 30 | cancel a contract by specified means; prohibiting a public |
| 31 | adjuster, apprentice, or his or her agent from giving or |
| 32 | offering a monetary loan or an article in excess of a |
| 33 | specified value to a client or prospective client; |
| 34 | providing that a public adjuster may not charge, agree to, |
| 35 | or accept a fee, payment, commission, or any compensation |
| 36 | based on any claim payments for additional living expenses |
| 37 | or based on the amount of a claim payment or payment offer |
| 38 | by the insurer which occurred before the date on which the |
| 39 | adjuster and insured executed a contract with regard to |
| 40 | the claim; providing restrictions on the fees and |
| 41 | compensation that may be charged or accepted by a public |
| 42 | adjuster with regard to claims involving residential or |
| 43 | commercial policies that do or do not arise from |
| 44 | hurricanes; prohibiting a public adjuster from basing any |
| 45 | charge, fee, payment, commission, or compensation relating |
| 46 | to a supplemental claim on the corresponding previous |
| 47 | settlement or claim payment; limiting the amount of |
| 48 | compensation that may be charged, agreed to, or accepted |
| 49 | by a public adjuster to a specified amount; providing an |
| 50 | exception; providing that it is an unfair and deceptive |
| 51 | insurance trade practice for a public adjuster or any |
| 52 | other person to circulate or disseminate any |
| 53 | advertisement, announcement, or statement containing any |
| 54 | assertion, representation, or statement with respect to |
| 55 | the business of insurance which is untrue, deceptive, or |
| 56 | misleading; creating s. 626.8541, F.S.; defining the term |
| 57 | "public adjuster apprentice"; amending s. 626.865, F.S.; |
| 58 | providing qualifications that an applicant must possess |
| 59 | before the issuance of a license by the department; |
| 60 | requiring that certain persons applying for a license |
| 61 | after the completion of a period of suspension, |
| 62 | termination, cancellation, revocation, or expiration must |
| 63 | pass the examination required for licensure as a public |
| 64 | adjuster; creating s. 626.8651, F.S.; providing |
| 65 | requirements for licensure as a public adjuster |
| 66 | apprentice; requiring that the department approve an |
| 67 | application under certain circumstances; requiring that |
| 68 | the department deny an application under certain |
| 69 | circumstances; requiring that an application be |
| 70 | accompanied by an affidavit verifying certain information; |
| 71 | requiring that all license fees be paid before the |
| 72 | department issues a license; requiring the applicant to |
| 73 | file a bond in a specified amount in favor of the |
| 74 | department; providing for termination of the bond; |
| 75 | requiring that the apprentice's work be supervised by a |
| 76 | licensed adjuster in good standing; authorizing the |
| 77 | department to adopt rules governing employment |
| 78 | requirements; providing that the supervising adjuster is |
| 79 | responsible for the acts of the apprentice; providing a |
| 80 | period of effectiveness for an apprentice license; |
| 81 | providing that an individual licensed as an apprentice may |
| 82 | file an application for licensure as a public adjuster |
| 83 | after a specified period of employment as an apprentice; |
| 84 | requiring that a sworn affidavit containing certain |
| 85 | information accompany such application; prohibiting an |
| 86 | apprentice from performing any functions for which a |
| 87 | license is required after the expiration of his or her |
| 88 | license for apprenticeship without first obtaining a |
| 89 | license to work as a public adjuster; limiting the |
| 90 | authority of a public adjuster apprentice; amending s. |
| 91 | 626.869, F.S.; providing for continuing education for |
| 92 | company employee adjusters, independent adjusters, and |
| 93 | public adjusters; providing for the satisfaction of |
| 94 | continuing education requirements for nonresident |
| 95 | adjusters; amending s. 626.8698, F.S.; providing |
| 96 | disciplinary guidelines for public adjusters and public |
| 97 | adjuster apprentices; amending s. 626.870, F.S.; providing |
| 98 | requirements for the reinstatement of a suspended license; |
| 99 | providing for the notification of denial or approval of an |
| 100 | application for reinstatement; amending s. 626.8732, F.S.; |
| 101 | revising requirements for licensure as a nonresident |
| 102 | public adjuster; providing exceptions to such |
| 103 | requirements; requiring that an applicant for licensure as |
| 104 | a nonresident public adjuster provide certain information |
| 105 | with his or her application; requiring that the department |
| 106 | verify the nonresident applicant's licensing status; |
| 107 | creating ss. 626.8796 and 626.8797, F.S.; requiring that |
| 108 | all contracts for services by a public adjuster be in |
| 109 | writing and contain a specified statement regarding fraud; |
| 110 | providing that any person who knowingly and with intent to |
| 111 | injure, defraud, or deceive any insurer or who files a |
| 112 | statement of claim or proof of loss containing any false, |
| 113 | incomplete, or misleading information commits a felony of |
| 114 | the third degree; providing a statement that must be |
| 115 | signed by a public adjuster for claims under a policy |
| 116 | requiring the filing of a written proof of loss containing |
| 117 | an estimate of the costs to repair or replace damaged |
| 118 | property; providing that it is a felony of the third |
| 119 | degree for any person who, with the intent to injure, |
| 120 | defraud, or deceive any insurer, prepares, presents, or |
| 121 | causes to be presented a proof of loss in support of a |
| 122 | claim under an insurance policy knowing that the proof of |
| 123 | loss contains any false, incomplete, or misleading |
| 124 | information concerning any fact or thing material to the |
| 125 | claim; providing an effective date. |
| 126 |
|
| 127 | Be It Enacted by the Legislature of the State of Florida: |
| 128 |
|
| 129 | Section 1. Subsection (5) of section 624.501, Florida |
| 130 | Statutes, is amended to read: |
| 131 | 624.501 Filing, license, appointment, and miscellaneous |
| 132 | fees.--The department, commission, or office, as appropriate, |
| 133 | shall collect in advance, and persons so served shall pay to it |
| 134 | in advance, fees, licenses, and miscellaneous charges as |
| 135 | follows: |
| 136 | (5) All insurance representatives, application for |
| 137 | license, application for reinstatement of suspended license, |
| 138 | each filing, filing fee....$50.00 |
| 139 | Section 2. Subsection (1) of section 626.015, Florida |
| 140 | Statutes, is amended to read: |
| 141 | 626.015 Definitions.--As used in this part: |
| 142 | (1) "Adjuster" means a public adjuster as defined in s. |
| 143 | 626.854, public adjuster apprentice as defined in s. 626.8541, |
| 144 | independent adjuster as defined in s. 626.855, or company |
| 145 | employee adjuster as defined in s. 626.856. |
| 146 | Section 3. Paragraphs (c), (e), and (f) of subsection (2) |
| 147 | of section 626.221, Florida Statutes, are amended to read: |
| 148 | 626.221 Examination requirement; exemptions.-- |
| 149 | (2) However, no such examination shall be necessary in any |
| 150 | of the following cases: |
| 151 | (c) In the discretion of the department, an applicant for |
| 152 | reinstatement of license or appointment as an agent, customer |
| 153 | representative, company employee adjuster, or independent |
| 154 | adjuster whose license has been suspended within 4 years prior |
| 155 | to the date of application or written request for reinstatement. |
| 156 | (e) A person who has been licensed and appointed as an a |
| 157 | public adjuster, independent adjuster, or company employee |
| 158 | adjuster as to all property, casualty, and surety insurances, |
| 159 | may be licensed and appointed as a company employee or, |
| 160 | independent, or public adjuster, as to these kinds of insurance, |
| 161 | without additional written examination if an application for |
| 162 | licensure is filed with the department within 48 months |
| 163 | following the date of cancellation or expiration of the prior |
| 164 | appointment. |
| 165 | (f) A person who has been licensed as a company employee |
| 166 | or independent an adjuster for motor vehicle, property and |
| 167 | casualty, workers' compensation, and health insurance may be |
| 168 | licensed as such an adjuster without additional written |
| 169 | examination if his or her application for licensure is filed |
| 170 | with the department within 48 months after cancellation or |
| 171 | expiration of the prior license. |
| 172 | Section 4. Subsection (6) of section 626.241, Florida |
| 173 | Statutes, is amended to read: |
| 174 | 626.241 Scope of examination.-- |
| 175 | (6) In order to reflect the differences between adjusting |
| 176 | claims for an insurer and adjusting claims for an insured, the |
| 177 | department shall create an examination for applicants seeking |
| 178 | licensure as a public adjuster and a separate examination for |
| 179 | applicants seeking licensure as a company employee adjuster or |
| 180 | independent adjuster. Examinations given applicants for license |
| 181 | as an all-lines adjuster shall cover adjusting in all lines of |
| 182 | insurance, other than life and annuity; or, in accordance with |
| 183 | the application for the license, the examination may be limited |
| 184 | to adjusting in: |
| 185 | (a) Automobile physical damage insurance; |
| 186 | (b) Property and casualty insurance; |
| 187 | (c) Workers' compensation insurance; or |
| 188 | (d) Health insurance. |
| 189 | Section 5. Subsection (1) of section 626.641, Florida |
| 190 | Statutes, is amended to read: |
| 191 | 626.641 Duration of suspension or revocation.-- |
| 192 | (1) The department shall, in its order suspending a |
| 193 | license or appointment or in its order suspending the |
| 194 | eligibility of a person to hold or apply for such license or |
| 195 | appointment, specify the period during which the suspension is |
| 196 | to be in effect; but such period shall not exceed 2 years. The |
| 197 | license, appointment, or eligibility shall remain suspended |
| 198 | during the period so specified, subject, however, to any |
| 199 | rescission or modification of the order by the department, or |
| 200 | modification or reversal thereof by the court, prior to |
| 201 | expiration of the suspension period. A license, appointment, or |
| 202 | eligibility that which has been suspended shall not be |
| 203 | reinstated except upon the filing and approval of an application |
| 204 | for request for such reinstatement and, in the case of a second |
| 205 | suspension, completion of continuing education courses |
| 206 | prescribed and approved by the department; but the department |
| 207 | shall not approve an application for grant such reinstatement if |
| 208 | it finds that the circumstance or circumstances for which the |
| 209 | license, appointment, or eligibility was suspended still exist |
| 210 | or are likely to recur. In addition, an application a request |
| 211 | for reinstatement is subject to denial and subject to a waiting |
| 212 | period prior to approval on the same grounds that apply to |
| 213 | applications for licensure pursuant to ss. 626.207, 626.611, and |
| 214 | 626.621, and 626.8698. |
| 215 | Section 6. Subsections (5), (6), (7), (8), (9), (10), |
| 216 | (11), (12), and (13) are added to section 626.854, Florida |
| 217 | Statutes, to read: |
| 218 | 626.854 "Public adjuster" defined; prohibitions.--The |
| 219 | Legislature finds that it is necessary for the protection of the |
| 220 | public to regulate public insurance adjusters and to prevent the |
| 221 | unauthorized practice of law. |
| 222 | (5) A public adjuster may not directly or indirectly |
| 223 | through any other person or entity solicit an insured or |
| 224 | claimant by any means between the hours of 9 p.m. and 8 a.m. |
| 225 | (6) A public adjuster may not directly or indirectly |
| 226 | through any other person or entity engage in face-to-face or |
| 227 | telephonic solicitation or enter into a contract with any |
| 228 | insured or claimant under an insurance policy until at least 72 |
| 229 | hours after the occurrence of an event that may be the subject |
| 230 | of a claim under the insurance policy unless contact is |
| 231 | initiated by the insured or claimant. |
| 232 | (7) A client may cancel a public adjuster's contract to |
| 233 | adjust a claim without penalty or obligation within 3 business |
| 234 | days after the date on which the contract is executed or within |
| 235 | 3 business days after the date on which the client has notified |
| 236 | the insurer of the claim, either by phone or in writing, |
| 237 | whichever is later. The public adjuster shall disclose to the |
| 238 | client his or her right to cancel the contract and advise the |
| 239 | client that notice of cancellation must be submitted in writing |
| 240 | and sent by certified mail, return receipt requested, or other |
| 241 | form of mailing that provides proof thereof, to the public |
| 242 | adjuster at the address specified in the contract. However, when |
| 243 | the event is a storm declared to be a hurricane by the National |
| 244 | Hurricane Center, this provision applies for a period of 14 |
| 245 | days. |
| 246 | (8) It is an unfair and deceptive insurance trade practice |
| 247 | pursuant to s. 626.9541 for a public adjuster or any other |
| 248 | person to circulate or disseminate any advertisement, |
| 249 | announcement, or statement containing any assertion, |
| 250 | representation, or statement with respect to the business of |
| 251 | insurance which is untrue, deceptive, or misleading. |
| 252 | (9) A public adjuster, a public adjuster apprentice, or |
| 253 | any person or entity acting on behalf of a public adjuster or |
| 254 | public adjuster apprentice may not give or offer to give a |
| 255 | monetary loan or advance to a client or prospective client. |
| 256 | (10) A public adjuster, public adjuster apprentice, or any |
| 257 | person or entity acting on behalf of a public adjuster or public |
| 258 | adjuster apprentice may not give or offer to give, directly or |
| 259 | indirectly, any article of merchandise having a value in excess |
| 260 | of $25 to any person for the purpose of advertising or as an |
| 261 | inducement to entering into a contract with a public adjuster. |
| 262 | (11) For any claim under a residential or commercial |
| 263 | residential property insurance policy, a public adjuster may not |
| 264 | charge, agree to, or accept any compensation, payment, |
| 265 | commission, fee, or other thing of value: |
| 266 | (a) Based on any claim payments for additional living |
| 267 | expenses; |
| 268 | (b) Based on the amount of a claim payment or payment |
| 269 | offer by the insurer which occurred before the date on which the |
| 270 | adjuster and the insured executed a contract with regard to the |
| 271 | claim; |
| 272 | (c) Greater than 15 percent of the amount of an insurance |
| 273 | claim payment by the insurer for claims that do not arise out of |
| 274 | a storm declared to be a hurricane by the National Hurricane |
| 275 | Center; or |
| 276 | (d) Greater than 10 percent of the amount of an insurance |
| 277 | claim payment by the insurer for claims based on and made |
| 278 | subsequent to a storm declared to be a hurricane by the National |
| 279 | Hurricane Center; except that, if a public adjuster and an |
| 280 | insured execute a contract providing for the adjuster to reopen |
| 281 | or file a supplemental claim that seeks additional payments on |
| 282 | behalf of an insured or claimant for a claim that has been |
| 283 | previously paid or settled, the amount may be up to 15 percent |
| 284 | of the amount of the claim payments made by the insurer after |
| 285 | the date of the execution of the contract to reopen or file a |
| 286 | supplemental claim. |
| 287 | (12) If a public adjuster enters into a contract with an |
| 288 | insured or claimant to reopen a claim or to file a supplemental |
| 289 | claim that seeks additional payments for a claim that has been |
| 290 | previously paid or settled, the public adjuster may not base any |
| 291 | charge, compensation, payment, commission, or fee on the |
| 292 | previous settlement or previous claim payments. |
| 293 | (13) A public adjuster may not charge, agree to, or accept |
| 294 | any compensation, payment, commission, fee, or other thing of |
| 295 | value based on any full or partial insurance settlement or |
| 296 | insurance claim payment by the insurer, or any portion of any |
| 297 | payment by the insurer: |
| 298 | (a) Equal to more than 15 percent of the amount of any |
| 299 | full or partial insurance settlement or claim payment by the |
| 300 | insurer. However, this paragraph does not apply to claims that |
| 301 | arise out of a storm declared to be a hurricane by the National |
| 302 | Hurricane Center. |
| 303 | (b) With regard to claims arising out of a storm declared |
| 304 | to be a hurricane by the National Hurricane Center: |
| 305 | 1. Equal to more than 10 percent of the amount of any full |
| 306 | or partial insurance settlement or insurance claim payment by |
| 307 | the insurer on the initial claim; or |
| 308 | 2. Equal to more than 15 percent of the amount of any full |
| 309 | or partial insurance settlement or insurance claim payment by |
| 310 | the insurer if a public adjuster reopens the initial claim or |
| 311 | files a supplemental claim that seeks additional payments on |
| 312 | behalf of an insured or claimant for a claim that has been |
| 313 | previously paid or settled. |
| 314 | Section 7. Section 626.8541, Florida Statutes, is created |
| 315 | to read: |
| 316 | 626.8541 "Public adjuster apprentice" defined.--The term |
| 317 | "public adjuster apprentice" means any person who is employed by |
| 318 | a licensed and appointed public adjuster in good standing with |
| 319 | the department or a public adjusting firm that employs at least |
| 320 | one licensed and appointed public adjuster in good standing with |
| 321 | the department to assist a public adjuster in conducting |
| 322 | business under the license and who satisfies the requirements of |
| 323 | s. 626.8651. |
| 324 | Section 8. Subsection (1) of section 626.865, Florida |
| 325 | Statutes, is amended, and subsection (3) is added to that |
| 326 | section, to read: |
| 327 | 626.865 Public adjuster's qualifications, bond.-- |
| 328 | (1) The department shall issue a license to an applicant |
| 329 | for a public adjuster's license upon determining that the |
| 330 | applicant has paid the applicable fees specified in s. 624.501 |
| 331 | and possesses the following qualifications: |
| 332 | (a) Is a natural person at least 18 years of age. |
| 333 | (b) Is a United States citizen or legal alien who |
| 334 | possesses work authorization from the United States Bureau of |
| 335 | Citizenship and Immigration Services and a bona fide resident of |
| 336 | this state. |
| 337 | (c) Is trustworthy and has such business reputation as |
| 338 | would reasonably assure that the applicant will conduct his or |
| 339 | her business as insurance adjuster fairly and in good faith and |
| 340 | without detriment to the public. |
| 341 | (d)1. In the past 4 years has had 2 years of sufficient |
| 342 | experience involving the adjusting of damages or losses under |
| 343 | insurance contracts, other than life and annuity contracts, as a |
| 344 | licensed and appointed general lines insurance agent or as a |
| 345 | licensed and appointed all-lines or property and casualty |
| 346 | company employee adjuster or independent adjuster;, training, or |
| 347 | instruction concerning the adjusting of damages or losses under |
| 348 | insurance contracts, other than life and annuity contracts, |
| 349 | 2. Has successfully completed 12 semester hours or 18 |
| 350 | quarter hours in courses on insurance, other than life and |
| 351 | annuity contracts, at an accredited institution of higher |
| 352 | learning; or |
| 353 | 3. Has completed 12 months of employment as a public |
| 354 | adjuster apprentice in accordance with s. 626.8651. |
| 355 | (e) Is sufficiently informed as to the terms and effects |
| 356 | of the provisions of those types of insurance contracts, and |
| 357 | possesses adequate knowledge of the laws of this state relating |
| 358 | to such contracts as to enable and qualify him or her to engage |
| 359 | in the business of insurance adjuster fairly and without injury |
| 360 | to the public or any member thereof with whom the applicant may |
| 361 | have business as a public adjuster. |
| 362 | (f)(e) Has passed the any required written examination. |
| 363 | (3) The department may not issue a license as a public |
| 364 | adjuster to any person who has not passed the examination for a |
| 365 | public adjuster's license. Any person who is applying for |
| 366 | reinstatement of a license after completion of a period of |
| 367 | suspension and any person who is applying for a new license |
| 368 | after termination, cancellation, revocation, or expiration of a |
| 369 | prior license as a public adjuster must pass the examination |
| 370 | required for licensure as a public adjuster after approval of |
| 371 | the application for reinstatement or for a new license |
| 372 | regardless of whether the applicant passed an examination prior |
| 373 | to issuance of the license that was suspended, terminated, |
| 374 | cancelled, revoked, or expired. |
| 375 | Section 9. Section 626.8651, Florida Statutes, is created |
| 376 | to read: |
| 377 | 626.8651 Public adjuster apprentice license; |
| 378 | qualifications.-- |
| 379 | (1) If, upon the basis of a completed application for |
| 380 | license as a public adjuster apprentice and such further inquiry |
| 381 | or investigation as the department may make concerning an |
| 382 | applicant, the department is satisfied that the applicant is |
| 383 | qualified and that all pertinent fees have been paid, it shall |
| 384 | approve the application. |
| 385 | (2) If, upon the basis of the completed application and |
| 386 | such further inquiry or investigation, the department finds the |
| 387 | applicant to be lacking in any one or more of the required |
| 388 | qualifications for licensure as a public adjuster apprentice, |
| 389 | the department shall deny the application and notify the |
| 390 | applicant, stating the grounds for denial. |
| 391 | (3) The department shall issue a license as a public |
| 392 | adjuster apprentice if the applicant meets the following |
| 393 | qualifications: |
| 394 | (a) The applicant is a natural person at least 18 years of |
| 395 | age. |
| 396 | (b) The applicant is a United States citizen or legal |
| 397 | alien who possesses work authorization from the United States |
| 398 | Bureau of Citizenship and Immigration Services and is a resident |
| 399 | of this state. |
| 400 | (c) The applicant is trustworthy and has such business |
| 401 | reputation as would reasonably ensure that the applicant will |
| 402 | conduct business as a public adjuster apprentice fairly and in |
| 403 | good faith and without detriment to the public. |
| 404 | (d) The applicant has had sufficient experience, training, |
| 405 | or instruction concerning the adjusting of damages or losses |
| 406 | under insurance contracts, other than life and annuity |
| 407 | contracts, is sufficiently informed as to the terms and effects |
| 408 | of the provisions of those types of insurance contracts, and |
| 409 | possesses adequate knowledge of the laws of this state relating |
| 410 | to such contracts as to enable and qualify him or her to engage |
| 411 | in business as a public adjuster apprentice fairly and without |
| 412 | injury to the public. The department may adopt rules that |
| 413 | establish standards for the experience, training, or instruction |
| 414 | requirements. |
| 415 | (4)(a) The application must be accompanied by an affidavit |
| 416 | verifying proposed employment and the applicant's |
| 417 | trustworthiness and qualifications on a form prescribed by the |
| 418 | department and executed by the proposed employer. The proposed |
| 419 | employer must be a licensed and appointed public adjuster in |
| 420 | good standing with the department or a public adjuster firm that |
| 421 | employs at least one licensed and appointed public adjuster in |
| 422 | good standing with the department. |
| 423 | (b) All applicable license fees, as prescribed in s. |
| 424 | 624.501, must be paid in full before issuance of the license. |
| 425 | (5) At the time of application for license as a public |
| 426 | adjuster apprentice, the applicant shall file with the |
| 427 | department a bond executed and issued by a surety insurer |
| 428 | authorized to transact such business in this state, in the |
| 429 | amount of $50,000, conditioned for the faithful performance of |
| 430 | his or her duties as a public adjuster apprentice under the |
| 431 | license for which the applicant has applied, and thereafter |
| 432 | maintain the bond unimpaired throughout the existence of the |
| 433 | license and for at least 1 year after termination of the |
| 434 | license. The bond shall be in favor of the department and shall |
| 435 | specifically authorize recovery by the department of the damages |
| 436 | sustained in case the licensee is guilty of fraud or unfair |
| 437 | practices in connection with his or her business as public |
| 438 | adjuster apprentice. The aggregate liability of the surety for |
| 439 | all such damages may not exceed the amount of the bond, and the |
| 440 | bond may not be terminated by the issuing insurer unless written |
| 441 | notice of at least 30 days is given to the licensee and filed |
| 442 | with the department. |
| 443 | (6) A public adjuster apprentice must complete at least 12 |
| 444 | months of employment under the supervision of a licensed and |
| 445 | appointed all-lines public adjuster in order to qualify for |
| 446 | licensure as a public adjuster. The department may adopt rules |
| 447 | that establish standards for the employment requirements. |
| 448 | (7) The supervising public adjuster is responsible and |
| 449 | accountable for the acts of a public adjuster apprentice which |
| 450 | are related to transacting business as a public adjuster |
| 451 | apprentice. |
| 452 | (8) The apprentice license is effective for 18 months |
| 453 | unless surrendered by the licensee; terminated, suspended, or |
| 454 | revoked by the department; or cancelled by the department upon |
| 455 | issuance of a public adjuster license. |
| 456 | (9) After completing at least 12 months of employment as a |
| 457 | public adjuster apprentice, the licensee may file an application |
| 458 | for a public adjuster license. The applicant and supervising |
| 459 | public adjuster or public adjusting firm must each file a sworn |
| 460 | affidavit, on a form prescribed by the department, verifying |
| 461 | that the employment of the public adjuster apprentice meets the |
| 462 | requirements of this section. |
| 463 | (10) A public adjuster apprentice licensed under this |
| 464 | section may not perform any of the functions for which a public |
| 465 | adjuster's license is required after expiration of the public |
| 466 | adjuster apprentice license without having obtained a public |
| 467 | adjuster license. |
| 468 | (11) A public adjuster apprentice has the same authority |
| 469 | as the licensed public adjuster or public adjusting firm that |
| 470 | employs the apprentice except that an apprentice may not execute |
| 471 | contracts for the services of a public adjuster or public |
| 472 | adjusting firm and may not solicit contracts for the services |
| 473 | except under the direct supervision and guidance of the |
| 474 | supervisory public adjuster. |
| 475 | Section 10. Section 626.869, Florida Statutes, is amended |
| 476 | to read: |
| 477 | 626.869 License, adjusters; continuing education.-- |
| 478 | (1) An applicant for a license as an adjuster may qualify |
| 479 | and his or her license when issued may cover adjusting in any |
| 480 | one of the following classes of insurance: |
| 481 | (a) All lines of insurance except life and annuities. |
| 482 | (b) Motor vehicle physical damage insurance. |
| 483 | (c) Property and casualty insurance. |
| 484 | (d) Workers' compensation insurance. |
| 485 | (e) Health insurance. |
| 486 | (2) All individuals who on October 1, 1990, hold an |
| 487 | adjuster's license and appointment limited to fire and allied |
| 488 | lines, including marine or casualty or boiler and machinery, may |
| 489 | remain licensed and appointed under the limited license and may |
| 490 | renew their appointment, but no license or appointment which has |
| 491 | been terminated, not renewed, suspended, or revoked shall be |
| 492 | reinstated, and no new or additional licenses or appointments |
| 493 | shall be issued. |
| 494 | (3) The applicant's application for license shall specify |
| 495 | which of the foregoing classes of business the application for |
| 496 | license is to cover. |
| 497 | (4)(a) Any individual holding a license as a company |
| 498 | employee adjuster or independent adjuster for 24 consecutive |
| 499 | months or longer must, beginning in his or her birth month and |
| 500 | every 2 years thereafter, have completed 24 hours of courses, 2 |
| 501 | hours of which relate to ethics, in subjects designed to inform |
| 502 | the licensee regarding the current insurance laws of this state, |
| 503 | so as to enable him or her to engage in business as an insurance |
| 504 | adjuster fairly and without injury to the public and to adjust |
| 505 | all claims in accordance with the policy or contract and the |
| 506 | laws of this state. |
| 507 | (b) Any individual holding a license as a public adjuster |
| 508 | for 24 consecutive months or longer, beginning in their birth |
| 509 | month and every 2 years thereafter, must have completed 24 hours |
| 510 | of courses, 2 hours of which relate to ethics, in subjects |
| 511 | designed to inform the licensee regarding the current laws of |
| 512 | this state pertaining to all lines of insurance other than life |
| 513 | and annuities, the current laws of this state pertaining to the |
| 514 | duties and responsibilities of public adjusters as set forth in |
| 515 | this part, and the current rules of the department which are |
| 516 | applicable to public adjusters and standard or representative |
| 517 | policy forms used by insurers, other than forms for life |
| 518 | insurance and annuities, so as to enable him or her to engage in |
| 519 | business as an adjuster fairly and without injury to the public |
| 520 | and to adjust all claims in accordance with the policy or |
| 521 | contract and laws of this state. In order to receive credit for |
| 522 | continuing education courses, public adjusters must take courses |
| 523 | that are specifically designed for public adjusters and approved |
| 524 | by the department. |
| 525 | (c) The department shall adopt rules necessary to |
| 526 | implement and administer the continuing education requirements |
| 527 | of this subsection. For good cause shown, the department may |
| 528 | grant an extension of time during which the requirements imposed |
| 529 | by this section may be completed, but such extension of time may |
| 530 | not exceed 1 year. |
| 531 | (d) A nonresident adjuster who must complete continuing |
| 532 | education requirements in his or her home state may use the home |
| 533 | state requirements to meet this state's continuing education |
| 534 | requirements as well if the resident's state recognizes |
| 535 | reciprocity with this state's continuing education requirements. |
| 536 | A nonresident whose home state does not have a continuing |
| 537 | education requirement but who is licensed for the same type and |
| 538 | class of adjuster license in another state that does have a |
| 539 | continuing education requirement may comply with this section by |
| 540 | furnishing proof of compliance with the other state's |
| 541 | requirement if that state has a reciprocal agreement with this |
| 542 | state relative to continuing education. A nonresident whose home |
| 543 | state does not have such continuing education requirements for |
| 544 | adjusters and who is not licensed as a nonresident adjuster in a |
| 545 | state that has continuing education requirements and a |
| 546 | reciprocal agreement with this state must meet the continuing |
| 547 | education requirements of this state. |
| 548 | (5) The regulation of continuing education for licensees, |
| 549 | course providers, instructors, school officials, and monitor |
| 550 | groups shall be as provided for in s. 626.2816. |
| 551 | Section 11. Section 626.8698, Florida Statutes, is amended |
| 552 | to read: |
| 553 | 626.8698 Disciplinary guidelines for public adjusters and |
| 554 | public adjuster apprentices.--The department may deny, suspend, |
| 555 | or revoke the license of a public adjuster or public adjuster |
| 556 | apprentice, and administer a fine not to exceed $5,000 per act, |
| 557 | for any of the following: |
| 558 | (1) Violating any provision of this chapter or a rule or |
| 559 | order of the department; |
| 560 | (2) Receiving payment or anything of value as a result of |
| 561 | an unfair or deceptive practice; |
| 562 | (3) Receiving or accepting any fee, kickback, or other |
| 563 | thing of value pursuant to any agreement or understanding, oral |
| 564 | or otherwise; entering into a split-fee arrangement with another |
| 565 | person who is not a public adjuster; or being otherwise paid or |
| 566 | accepting payment for services that have not been performed; |
| 567 | (4) Violating s. 316.066 or s. 817.234; |
| 568 | (5) Soliciting or otherwise taking advantage of a person |
| 569 | who is vulnerable, emotional, or otherwise upset as the result |
| 570 | of a trauma, accident, or other similar occurrence; or |
| 571 | (6) Violating any ethical rule of the department. |
| 572 | Section 12. Subsection (4) is added to section 626.870, |
| 573 | Florida Statutes, to read: |
| 574 | 626.870 Application for license.-- |
| 575 | (4) A license, appointment, or eligibility that has been |
| 576 | suspended may not be reinstated except upon the filing and |
| 577 | approval of an application for reinstatement in accordance with |
| 578 | s. 626.641 and passing of the public adjuster licensing |
| 579 | examination. An application for reinstatement must be |
| 580 | accompanied by an application for examination in accordance with |
| 581 | s. 626.231 and the applicable examination fee. Successful |
| 582 | completion of the examination does not entitle the applicant to |
| 583 | have a license reinstated. The application is subject to denial |
| 584 | pursuant to ss. 626.207, 626.611, 626.621, and 626.8698. If the |
| 585 | department approves an application for reinstatement, the |
| 586 | applicant shall be notified that the license will be reinstated |
| 587 | upon payment by the applicant of the reinstatement fee contained |
| 588 | in s. 624.501(15). |
| 589 | Section 13. Paragraphs (b) and (e) of subsection (1) and |
| 590 | paragraphs (b) and (c) of subsection (2) of section 626.8732, |
| 591 | Florida Statutes, are amended, and subsection (6) is added to |
| 592 | that section, to read: |
| 593 | 626.8732 Nonresident public adjuster's qualifications, |
| 594 | bond.-- |
| 595 | (1) The department shall, upon application therefor, issue |
| 596 | a license to an applicant for a nonresident public adjuster's |
| 597 | license upon determining that the applicant has paid the |
| 598 | applicable license fees required under s. 624.501 and: |
| 599 | (b) Has passed to the satisfaction of the department a |
| 600 | written Florida public adjuster's examination of the scope |
| 601 | prescribed in s. 626.241(6); however, the requirement for such |
| 602 | an examination does not apply to any of the following: |
| 603 | 1. An applicant who is licensed as a resident public |
| 604 | adjuster in his or her state of residence, when that state |
| 605 | requires the passing of a written examination in order to obtain |
| 606 | the license and a reciprocal agreement with the appropriate |
| 607 | official of that state has been entered into by the department; |
| 608 | or |
| 609 | 2. An applicant who is licensed as a nonresident public |
| 610 | adjuster in a state other than his or her state of residence |
| 611 | when the state of licensure requires the passing of a written |
| 612 | examination in order to obtain the license and a reciprocal |
| 613 | agreement with the appropriate official of the state of |
| 614 | licensure has been entered into by the department. |
| 615 | (e) Has been licensed and employed as a public adjuster in |
| 616 | the applicant's state of residence on a continual basis for the |
| 617 | past 3 years, or, if the applicant's state of residence does not |
| 618 | issue licenses to persons who act as public adjusters, the |
| 619 | applicant has been licensed and employed as a resident insurance |
| 620 | company or independent adjuster, insurance agent, insurance |
| 621 | broker, or other insurance representative in his or her state of |
| 622 | residence or any other state on a continual basis for the past 3 |
| 623 | years. This paragraph does not apply to persons who are licensed |
| 624 | to transact only life insurance and annuity business had |
| 625 | sufficient experience, training, or instruction concerning the |
| 626 | adjusting of damages or losses under insurance contracts, other |
| 627 | than life and annuity contracts; is sufficiently informed as to |
| 628 | the terms and effects of the provisions of those types of |
| 629 | insurance contracts; and possesses adequate knowledge of the |
| 630 | laws of this state relating to such contracts as to enable and |
| 631 | qualify him or her to engage in the business of insurance |
| 632 | adjuster fairly and without injury to the public or any member |
| 633 | thereof with whom he or she may have business as a public |
| 634 | adjuster. |
| 635 | (2) The applicant shall furnish the following with his or |
| 636 | her application: |
| 637 | (b) If currently licensed as a resident public adjuster in |
| 638 | the applicant's state of residence, a certificate or letter of |
| 639 | authorization from the licensing authority of the applicant's |
| 640 | state of residence, stating that the applicant holds a current |
| 641 | or comparable license to act as a public adjuster and has held |
| 642 | the license continuously for the past 3 years. The certificate |
| 643 | or letter of authorization must be signed by the insurance |
| 644 | commissioner or his or her deputy or the appropriate licensing |
| 645 | official and must disclose whether the adjuster has ever had any |
| 646 | license or eligibility to hold any license declined, denied, |
| 647 | suspended, revoked, or placed on probation or whether an |
| 648 | administrative fine or penalty has been levied against the |
| 649 | adjuster and, if so, the reason for the action. |
| 650 | (c) If the applicant's state of residence does not require |
| 651 | licensure as a public adjuster and the applicant has been |
| 652 | licensed as a resident insurance adjuster, agent, broker, or |
| 653 | other insurance representative in his or her state of residence |
| 654 | or any other state within the past 3 years, a certificate or |
| 655 | letter of authorization from the licensing authority stating |
| 656 | that the applicant holds or has held a license to act as such an |
| 657 | insurance adjuster, agent, or other insurance representative and |
| 658 | has held the license continuously for the past 3 years. The |
| 659 | certificate or letter of authorization must be signed by the |
| 660 | insurance commissioner or his or her deputy or the appropriate |
| 661 | licensing official and must disclose whether or not the |
| 662 | adjuster, agent, or other insurance representative has ever had |
| 663 | any license or eligibility to hold any license declined, denied, |
| 664 | suspended, revoked, or placed on probation or whether an |
| 665 | administrative fine or penalty has been levied against the |
| 666 | adjuster and, if so, the reason for the action. |
| 667 | (6) If available, the department shall verify the |
| 668 | nonresident applicant's licensing status through the producer |
| 669 | database maintained by the National Association of Insurance |
| 670 | Commissioners or its affiliates or subsidiaries. |
| 671 | Section 14. Section 626.8796, Florida Statutes, is created |
| 672 | to read: |
| 673 | 626.8796 Public adjuster contracts; fraud statement.--All |
| 674 | contracts for public adjuster services must be in writing and |
| 675 | must prominently display the following statement on the first |
| 676 | page of the contract: "Any person who knowingly and with intent |
| 677 | to injure, defraud, or deceive any insurer files a statement of |
| 678 | claim or proof of loss containing any false, incomplete, or |
| 679 | misleading information commits a felony of the third degree." |
| 680 | Section 15. Section 626.8797, Florida Statutes, is created |
| 681 | to read: |
| 682 | 626.8797 Public adjusters; proof of loss |
| 683 | certification.--If an insurance policy requires an insured or |
| 684 | claimant to file a written proof of loss containing an estimate |
| 685 | of the costs to repair or replace damaged property, a public |
| 686 | adjuster under contract to adjust the claim for the insured or |
| 687 | claimant must affirm, under oath given by a notary public, the |
| 688 | proof of loss by signing the following statement: "I, ...(name |
| 689 | of claimant or insured)..., do solemnly, sincerely, and truly |
| 690 | declare and affirm that I have reviewed the estimate of the cost |
| 691 | of repair or replacement of damaged property as set forth in |
| 692 | this proof of loss, in my best judgment the estimated costs are |
| 693 | reasonable, and, to the best of my knowledge, the proof of loss |
| 694 | does not contain any false, incomplete, or misleading |
| 695 | information." If this statement is not printed on the proof-of- |
| 696 | loss form, the adjuster shall add the statement to the form or |
| 697 | attach a separate page containing the signed statement to the |
| 698 | form. Pursuant to s. 817.234, any person who, with the intent to |
| 699 | injure, defraud, or deceive any insurer, prepares, presents, or |
| 700 | causes to be presented a proof of loss in support of a claim |
| 701 | under an insurance policy knowing that the proof of loss |
| 702 | contains any false, incomplete, or misleading information |
| 703 | concerning any fact or thing material to the claim, commits a |
| 704 | felony of the third degree, punishable as provided in s. |
| 705 | 775.082, s. 775.803, or s. 775.084. |
| 706 | Section 16. This act shall take effect October 1, 2008. |