HB 661

1
A bill to be entitled
2An act relating to insurance adjusters; amending s.
3624.501, F.S.; providing for filing fees for an
4application for reinstatement of a suspended license;
5amending s. 626.015, F.S.; redefining the term "adjuster"
6to include a public adjuster apprentice; amending s.
7626.221, F.S.; providing that certain company employee
8adjusters and independent adjusters seeking reinstatement
9of a suspended license are not required to take an
10examination; amending s. 626.241, F.S.; requiring that the
11Department of Financial Services create an examination for
12applicants seeking licensure as a public adjuster and a
13separate examination for applicants seeking licensure as a
14company employee adjuster or independent adjuster;
15amending s. 626.641, F.S.; providing that a suspended
16license may not be reinstated unless the individual
17seeking reinstatement files an application for
18reinstatement which is subsequently approved by the
19department; prohibiting the department from approving such
20an application under certain circumstances; amending s.
21626.854, F.S.; prohibiting a public adjuster from
22soliciting or entering into a contract with any insured or
23claimant under an insurance policy for a specified period
24after the occurrence of an event that may be the subject
25of a claim; providing an exception; providing that a
26public adjuster's contract to adjust a claim may be
27canceled by the client without penalty within a specified
28period after the execution of the contract; requiring that
29a public adjuster disclose to a client his or her right to
30cancel a contract by specified means; prohibiting a public
31adjuster, apprentice, or his or her agent from giving or
32offering a monetary loan or an article in excess of a
33specified value to a client or prospective client;
34providing that a public adjuster may not charge, agree to,
35or accept a fee, payment, commission, or any compensation
36based on any claim payments for additional living expenses
37or based on the amount of a claim payment or payment offer
38by the insurer which occurred before the date on which the
39adjuster and insured executed a contract with regard to
40the claim; providing restrictions on the fees and
41compensation that may be charged or accepted by a public
42adjuster with regard to claims involving residential or
43commercial policies that do or do not arise from
44hurricanes; prohibiting a public adjuster from basing any
45charge, fee, payment, commission, or compensation relating
46to a supplemental claim on the corresponding previous
47settlement or claim payment; limiting the amount of
48compensation that may be charged, agreed to, or accepted
49by a public adjuster to a specified amount; providing an
50exception; providing that it is an unfair and deceptive
51insurance trade practice for a public adjuster or any
52other person to circulate or disseminate any
53advertisement, announcement, or statement containing any
54assertion, representation, or statement with respect to
55the business of insurance which is untrue, deceptive, or
56misleading; creating s. 626.8541, F.S.; defining the term
57"public adjuster apprentice"; amending s. 626.865, F.S.;
58providing qualifications that an applicant must possess
59before the issuance of a license by the department;
60requiring that certain persons applying for a license
61after the completion of a period of suspension,
62termination, cancellation, revocation, or expiration must
63pass the examination required for licensure as a public
64adjuster; creating s. 626.8651, F.S.; providing
65requirements for licensure as a public adjuster
66apprentice; requiring that the department approve an
67application under certain circumstances; requiring that
68the department deny an application under certain
69circumstances; requiring that an application be
70accompanied by an affidavit verifying certain information;
71requiring that all license fees be paid before the
72department issues a license; requiring the applicant to
73file a bond in a specified amount in favor of the
74department; providing for termination of the bond;
75requiring that the apprentice's work be supervised by a
76licensed adjuster in good standing; authorizing the
77department to adopt rules governing employment
78requirements; providing that the supervising adjuster is
79responsible for the acts of the apprentice; providing a
80period of effectiveness for an apprentice license;
81providing that an individual licensed as an apprentice may
82file an application for licensure as a public adjuster
83after a specified period of employment as an apprentice;
84requiring that a sworn affidavit containing certain
85information accompany such application; prohibiting an
86apprentice from performing any functions for which a
87license is required after the expiration of his or her
88license for apprenticeship without first obtaining a
89license to work as a public adjuster; limiting the
90authority of a public adjuster apprentice; amending s.
91626.869, F.S.; providing for continuing education for
92company employee adjusters, independent adjusters, and
93public adjusters; providing for the satisfaction of
94continuing education requirements for nonresident
95adjusters; amending s. 626.8698, F.S.; providing
96disciplinary guidelines for public adjusters and public
97adjuster apprentices; amending s. 626.870, F.S.; providing
98requirements for the reinstatement of a suspended license;
99providing for the notification of denial or approval of an
100application for reinstatement; amending s. 626.8732, F.S.;
101revising requirements for licensure as a nonresident
102public adjuster; providing exceptions to such
103requirements; requiring that an applicant for licensure as
104a nonresident public adjuster provide certain information
105with his or her application; requiring that the department
106verify the nonresident applicant's licensing status;
107creating ss. 626.8796 and 626.8797, F.S.; requiring that
108all contracts for services by a public adjuster be in
109writing and contain a specified statement regarding fraud;
110providing that any person who knowingly and with intent to
111injure, defraud, or deceive any insurer or who files a
112statement of claim or proof of loss containing any false,
113incomplete, or misleading information commits a felony of
114the third degree; providing a statement that must be
115signed by a public adjuster for claims under a policy
116requiring the filing of a written proof of loss containing
117an estimate of the costs to repair or replace damaged
118property; providing that it is a felony of the third
119degree for any person who, with the intent to injure,
120defraud, or deceive any insurer, prepares, presents, or
121causes to be presented a proof of loss in support of a
122claim under an insurance policy knowing that the proof of
123loss contains any false, incomplete, or misleading
124information concerning any fact or thing material to the
125claim; providing an effective date.
126
127Be It Enacted by the Legislature of the State of Florida:
128
129     Section 1.  Subsection (5) of section 624.501, Florida
130Statutes, is amended to read:
131     624.501  Filing, license, appointment, and miscellaneous
132fees.--The department, commission, or office, as appropriate,
133shall collect in advance, and persons so served shall pay to it
134in advance, fees, licenses, and miscellaneous charges as
135follows:
136     (5)  All insurance representatives, application for
137license, application for reinstatement of suspended license,
138each filing, filing fee....$50.00
139     Section 2.  Subsection (1) of section 626.015, Florida
140Statutes, is amended to read:
141     626.015  Definitions.--As used in this part:
142     (1)  "Adjuster" means a public adjuster as defined in s.
143626.854, public adjuster apprentice as defined in s. 626.8541,
144independent adjuster as defined in s. 626.855, or company
145employee adjuster as defined in s. 626.856.
146     Section 3.  Paragraphs (c), (e), and (f) of subsection (2)
147of 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
150of the following cases:
151     (c)  In the discretion of the department, an applicant for
152reinstatement of license or appointment as an agent, customer
153representative, company employee adjuster, or independent
154adjuster whose license has been suspended within 4 years prior
155to the date of application or written request for reinstatement.
156     (e)  A person who has been licensed and appointed as an a
157public adjuster, independent adjuster, or company employee
158adjuster as to all property, casualty, and surety insurances,
159may be licensed and appointed as a company employee or,
160independent, or public adjuster, as to these kinds of insurance,
161without additional written examination if an application for
162licensure is filed with the department within 48 months
163following the date of cancellation or expiration of the prior
164appointment.
165     (f)  A person who has been licensed as a company employee
166or independent an adjuster for motor vehicle, property and
167casualty, workers' compensation, and health insurance may be
168licensed as such an adjuster without additional written
169examination if his or her application for licensure is filed
170with the department within 48 months after cancellation or
171expiration of the prior license.
172     Section 4.  Subsection (6) of section 626.241, Florida
173Statutes, is amended to read:
174     626.241  Scope of examination.--
175     (6)  In order to reflect the differences between adjusting
176claims for an insurer and adjusting claims for an insured, the
177department shall create an examination for applicants seeking
178licensure as a public adjuster and a separate examination for
179applicants seeking licensure as a company employee adjuster or
180independent adjuster. Examinations given applicants for license
181as an all-lines adjuster shall cover adjusting in all lines of
182insurance, other than life and annuity; or, in accordance with
183the application for the license, the examination may be limited
184to 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
190Statutes, is amended to read:
191     626.641  Duration of suspension or revocation.--
192     (1)  The department shall, in its order suspending a
193license or appointment or in its order suspending the
194eligibility of a person to hold or apply for such license or
195appointment, specify the period during which the suspension is
196to be in effect; but such period shall not exceed 2 years. The
197license, appointment, or eligibility shall remain suspended
198during the period so specified, subject, however, to any
199rescission or modification of the order by the department, or
200modification or reversal thereof by the court, prior to
201expiration of the suspension period. A license, appointment, or
202eligibility that which has been suspended shall not be
203reinstated except upon the filing and approval of an application
204for request for such reinstatement and, in the case of a second
205suspension, completion of continuing education courses
206prescribed and approved by the department; but the department
207shall not approve an application for grant such reinstatement if
208it finds that the circumstance or circumstances for which the
209license, appointment, or eligibility was suspended still exist
210or are likely to recur. In addition, an application a request
211for reinstatement is subject to denial and subject to a waiting
212period prior to approval on the same grounds that apply to
213applications for licensure pursuant to ss. 626.207, 626.611, and
214626.621, 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
217Statutes, to read:
218     626.854  "Public adjuster" defined; prohibitions.--The
219Legislature finds that it is necessary for the protection of the
220public to regulate public insurance adjusters and to prevent the
221unauthorized practice of law.
222     (5)  A public adjuster may not directly or indirectly
223through any other person or entity solicit an insured or
224claimant by any means between the hours of 9 p.m. and 8 a.m.
225     (6)  A public adjuster may not directly or indirectly
226through any other person or entity engage in face-to-face or
227telephonic solicitation or enter into a contract with any
228insured or claimant under an insurance policy until at least 72
229hours after the occurrence of an event that may be the subject
230of a claim under the insurance policy unless contact is
231initiated by the insured or claimant.
232     (7)  A client may cancel a public adjuster's contract to
233adjust a claim without penalty or obligation within 3 business
234days after the date on which the contract is executed or within
2353 business days after the date on which the client has notified
236the insurer of the claim, either by phone or in writing,
237whichever is later. The public adjuster shall disclose to the
238client his or her right to cancel the contract and advise the
239client that notice of cancellation must be submitted in writing
240and sent by certified mail, return receipt requested, or other
241form of mailing that provides proof thereof, to the public
242adjuster at the address specified in the contract. However, when
243the event is a storm declared to be a hurricane by the National
244Hurricane Center, this provision applies for a period of 14
245days.
246     (8)  It is an unfair and deceptive insurance trade practice
247pursuant to s. 626.9541 for a public adjuster or any other
248person to circulate or disseminate any advertisement,
249announcement, or statement containing any assertion,
250representation, or statement with respect to the business of
251insurance which is untrue, deceptive, or misleading.
252     (9)  A public adjuster, a public adjuster apprentice, or
253any person or entity acting on behalf of a public adjuster or
254public adjuster apprentice may not give or offer to give a
255monetary loan or advance to a client or prospective client.
256     (10)  A public adjuster, public adjuster apprentice, or any
257person or entity acting on behalf of a public adjuster or public
258adjuster apprentice may not give or offer to give, directly or
259indirectly, any article of merchandise having a value in excess
260of $25 to any person for the purpose of advertising or as an
261inducement to entering into a contract with a public adjuster.
262     (11)  For any claim under a residential or commercial
263residential property insurance policy, a public adjuster may not
264charge, agree to, or accept any compensation, payment,
265commission, fee, or other thing of value:
266     (a)  Based on any claim payments for additional living
267expenses;
268     (b)  Based on the amount of a claim payment or payment
269offer by the insurer which occurred before the date on which the
270adjuster and the insured executed a contract with regard to the
271claim;
272     (c)  Greater than 15 percent of the amount of an insurance
273claim payment by the insurer for claims that do not arise out of
274a storm declared to be a hurricane by the National Hurricane
275Center; or
276     (d)  Greater than 10 percent of the amount of an insurance
277claim payment by the insurer for claims based on and made
278subsequent to a storm declared to be a hurricane by the National
279Hurricane Center; except that, if a public adjuster and an
280insured execute a contract providing for the adjuster to reopen
281or file a supplemental claim that seeks additional payments on
282behalf of an insured or claimant for a claim that has been
283previously paid or settled, the amount may be up to 15 percent
284of the amount of the claim payments made by the insurer after
285the date of the execution of the contract to reopen or file a
286supplemental claim.
287     (12)  If a public adjuster enters into a contract with an
288insured or claimant to reopen a claim or to file a supplemental
289claim that seeks additional payments for a claim that has been
290previously paid or settled, the public adjuster may not base any
291charge, compensation, payment, commission, or fee on the
292previous settlement or previous claim payments.
293     (13)  A public adjuster may not charge, agree to, or accept
294any compensation, payment, commission, fee, or other thing of
295value based on any full or partial insurance settlement or
296insurance claim payment by the insurer, or any portion of any
297payment by the insurer:
298     (a)  Equal to more than 15 percent of the amount of any
299full or partial insurance settlement or claim payment by the
300insurer. However, this paragraph does not apply to claims that
301arise out of a storm declared to be a hurricane by the National
302Hurricane Center.
303     (b)  With regard to claims arising out of a storm declared
304to be a hurricane by the National Hurricane Center:
305     1.  Equal to more than 10 percent of the amount of any full
306or partial insurance settlement or insurance claim payment by
307the insurer on the initial claim; or
308     2.  Equal to more than 15 percent of the amount of any full
309or partial insurance settlement or insurance claim payment by
310the insurer if a public adjuster reopens the initial claim or
311files a supplemental claim that seeks additional payments on
312behalf of an insured or claimant for a claim that has been
313previously paid or settled.
314     Section 7.  Section 626.8541, Florida Statutes, is created
315to read:
316     626.8541  "Public adjuster apprentice" defined.--The term
317"public adjuster apprentice" means any person who is employed by
318a licensed and appointed public adjuster in good standing with
319the department or a public adjusting firm that employs at least
320one licensed and appointed public adjuster in good standing with
321the department to assist a public adjuster in conducting
322business under the license and who satisfies the requirements of
323s. 626.8651.
324     Section 8.  Subsection (1) of section 626.865, Florida
325Statutes, is amended, and subsection (3) is added to that
326section, to read:
327     626.865  Public adjuster's qualifications, bond.--
328     (1)  The department shall issue a license to an applicant
329for a public adjuster's license upon determining that the
330applicant has paid the applicable fees specified in s. 624.501
331and 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
334possesses work authorization from the United States Bureau of
335Citizenship and Immigration Services and a bona fide resident of
336this state.
337     (c)  Is trustworthy and has such business reputation as
338would reasonably assure that the applicant will conduct his or
339her business as insurance adjuster fairly and in good faith and
340without detriment to the public.
341     (d)1.  In the past 4 years has had 2 years of sufficient
342experience involving the adjusting of damages or losses under
343insurance contracts, other than life and annuity contracts, as a
344licensed and appointed general lines insurance agent or as a
345licensed and appointed all-lines or property and casualty
346company employee adjuster or independent adjuster;, training, or
347instruction concerning the adjusting of damages or losses under
348insurance contracts, other than life and annuity contracts,
349     2.  Has successfully completed 12 semester hours or 18
350quarter hours in courses on insurance, other than life and
351annuity contracts, at an accredited institution of higher
352learning; or
353     3.  Has completed 12 months of employment as a public
354adjuster apprentice in accordance with s. 626.8651.
355     (e)  Is sufficiently informed as to the terms and effects
356of the provisions of those types of insurance contracts, and
357possesses adequate knowledge of the laws of this state relating
358to such contracts as to enable and qualify him or her to engage
359in the business of insurance adjuster fairly and without injury
360to the public or any member thereof with whom the applicant may
361have 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
364adjuster to any person who has not passed the examination for a
365public adjuster's license. Any person who is applying for
366reinstatement of a license after completion of a period of
367suspension and any person who is applying for a new license
368after termination, cancellation, revocation, or expiration of a
369prior license as a public adjuster must pass the examination
370required for licensure as a public adjuster after approval of
371the application for reinstatement or for a new license
372regardless of whether the applicant passed an examination prior
373to issuance of the license that was suspended, terminated,
374cancelled, revoked, or expired.
375     Section 9.  Section 626.8651, Florida Statutes, is created
376to read:
377     626.8651  Public adjuster apprentice license;
378qualifications.--
379     (1)  If, upon the basis of a completed application for
380license as a public adjuster apprentice and such further inquiry
381or investigation as the department may make concerning an
382applicant, the department is satisfied that the applicant is
383qualified and that all pertinent fees have been paid, it shall
384approve the application.
385     (2)  If, upon the basis of the completed application and
386such further inquiry or investigation, the department finds the
387applicant to be lacking in any one or more of the required
388qualifications for licensure as a public adjuster apprentice,
389the department shall deny the application and notify the
390applicant, stating the grounds for denial.
391     (3)  The department shall issue a license as a public
392adjuster apprentice if the applicant meets the following
393qualifications:
394     (a)  The applicant is a natural person at least 18 years of
395age.
396     (b)  The applicant is a United States citizen or legal
397alien who possesses work authorization from the United States
398Bureau of Citizenship and Immigration Services and is a resident
399of this state.
400     (c)  The applicant is trustworthy and has such business
401reputation as would reasonably ensure that the applicant will
402conduct business as a public adjuster apprentice fairly and in
403good faith and without detriment to the public.
404     (d)  The applicant has had sufficient experience, training,
405or instruction concerning the adjusting of damages or losses
406under insurance contracts, other than life and annuity
407contracts, is sufficiently informed as to the terms and effects
408of the provisions of those types of insurance contracts, and
409possesses adequate knowledge of the laws of this state relating
410to such contracts as to enable and qualify him or her to engage
411in business as a public adjuster apprentice fairly and without
412injury to the public. The department may adopt rules that
413establish standards for the experience, training, or instruction
414requirements.
415     (4)(a)  The application must be accompanied by an affidavit
416verifying proposed employment and the applicant's
417trustworthiness and qualifications on a form prescribed by the
418department and executed by the proposed employer. The proposed
419employer must be a licensed and appointed public adjuster in
420good standing with the department or a public adjuster firm that
421employs at least one licensed and appointed public adjuster in
422good standing with the department.
423     (b)  All applicable license fees, as prescribed in s.
424624.501, must be paid in full before issuance of the license.
425     (5)  At the time of application for license as a public
426adjuster apprentice, the applicant shall file with the
427department a bond executed and issued by a surety insurer
428authorized to transact such business in this state, in the
429amount of $50,000, conditioned for the faithful performance of
430his or her duties as a public adjuster apprentice under the
431license for which the applicant has applied, and thereafter
432maintain the bond unimpaired throughout the existence of the
433license and for at least 1 year after termination of the
434license. The bond shall be in favor of the department and shall
435specifically authorize recovery by the department of the damages
436sustained in case the licensee is guilty of fraud or unfair
437practices in connection with his or her business as public
438adjuster apprentice. The aggregate liability of the surety for
439all such damages may not exceed the amount of the bond, and the
440bond may not be terminated by the issuing insurer unless written
441notice of at least 30 days is given to the licensee and filed
442with the department.
443     (6)  A public adjuster apprentice must complete at least 12
444months of employment under the supervision of a licensed and
445appointed all-lines public adjuster in order to qualify for
446licensure as a public adjuster. The department may adopt rules
447that establish standards for the employment requirements.
448     (7)  The supervising public adjuster is responsible and
449accountable for the acts of a public adjuster apprentice which
450are related to transacting business as a public adjuster
451apprentice.
452     (8)  The apprentice license is effective for 18 months
453unless surrendered by the licensee; terminated, suspended, or
454revoked by the department; or cancelled by the department upon
455issuance of a public adjuster license.
456     (9)  After completing at least 12 months of employment as a
457public adjuster apprentice, the licensee may file an application
458for a public adjuster license. The applicant and supervising
459public adjuster or public adjusting firm must each file a sworn
460affidavit, on a form prescribed by the department, verifying
461that the employment of the public adjuster apprentice meets the
462requirements of this section.
463     (10)  A public adjuster apprentice licensed under this
464section may not perform any of the functions for which a public
465adjuster's license is required after expiration of the public
466adjuster apprentice license without having obtained a public
467adjuster license.
468     (11)  A public adjuster apprentice has the same authority
469as the licensed public adjuster or public adjusting firm that
470employs the apprentice except that an apprentice may not execute
471contracts for the services of a public adjuster or public
472adjusting firm and may not solicit contracts for the services
473except under the direct supervision and guidance of the
474supervisory public adjuster.
475     Section 10.  Section 626.869, Florida Statutes, is amended
476to read:
477     626.869  License, adjusters; continuing education.--
478     (1)  An applicant for a license as an adjuster may qualify
479and his or her license when issued may cover adjusting in any
480one 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
487adjuster's license and appointment limited to fire and allied
488lines, including marine or casualty or boiler and machinery, may
489remain licensed and appointed under the limited license and may
490renew their appointment, but no license or appointment which has
491been terminated, not renewed, suspended, or revoked shall be
492reinstated, and no new or additional licenses or appointments
493shall be issued.
494     (3)  The applicant's application for license shall specify
495which of the foregoing classes of business the application for
496license is to cover.
497     (4)(a)  Any individual holding a license as a company
498employee adjuster or independent adjuster for 24 consecutive
499months or longer must, beginning in his or her birth month and
500every 2 years thereafter, have completed 24 hours of courses, 2
501hours of which relate to ethics, in subjects designed to inform
502the licensee regarding the current insurance laws of this state,
503so as to enable him or her to engage in business as an insurance
504adjuster fairly and without injury to the public and to adjust
505all claims in accordance with the policy or contract and the
506laws of this state.
507     (b)  Any individual holding a license as a public adjuster
508for 24 consecutive months or longer, beginning in their birth
509month and every 2 years thereafter, must have completed 24 hours
510of courses, 2 hours of which relate to ethics, in subjects
511designed to inform the licensee regarding the current laws of
512this state pertaining to all lines of insurance other than life
513and annuities, the current laws of this state pertaining to the
514duties and responsibilities of public adjusters as set forth in
515this part, and the current rules of the department which are
516applicable to public adjusters and standard or representative
517policy forms used by insurers, other than forms for life
518insurance and annuities, so as to enable him or her to engage in
519business as an adjuster fairly and without injury to the public
520and to adjust all claims in accordance with the policy or
521contract and laws of this state. In order to receive credit for
522continuing education courses, public adjusters must take courses
523that are specifically designed for public adjusters and approved
524by the department.
525     (c)  The department shall adopt rules necessary to
526implement and administer the continuing education requirements
527of this subsection. For good cause shown, the department may
528grant an extension of time during which the requirements imposed
529by this section may be completed, but such extension of time may
530not exceed 1 year.
531     (d)  A nonresident adjuster who must complete continuing
532education requirements in his or her home state may use the home
533state requirements to meet this state's continuing education
534requirements as well if the resident's state recognizes
535reciprocity with this state's continuing education requirements.
536A nonresident whose home state does not have a continuing
537education requirement but who is licensed for the same type and
538class of adjuster license in another state that does have a
539continuing education requirement may comply with this section by
540furnishing proof of compliance with the other state's
541requirement if that state has a reciprocal agreement with this
542state relative to continuing education. A nonresident whose home
543state does not have such continuing education requirements for
544adjusters and who is not licensed as a nonresident adjuster in a
545state that has continuing education requirements and a
546reciprocal agreement with this state must meet the continuing
547education requirements of this state.
548     (5)  The regulation of continuing education for licensees,
549course providers, instructors, school officials, and monitor
550groups shall be as provided for in s. 626.2816.
551     Section 11.  Section 626.8698, Florida Statutes, is amended
552to read:
553     626.8698  Disciplinary guidelines for public adjusters and
554public adjuster apprentices.--The department may deny, suspend,
555or revoke the license of a public adjuster or public adjuster
556apprentice, and administer a fine not to exceed $5,000 per act,
557for any of the following:
558     (1)  Violating any provision of this chapter or a rule or
559order of the department;
560     (2)  Receiving payment or anything of value as a result of
561an unfair or deceptive practice;
562     (3)  Receiving or accepting any fee, kickback, or other
563thing of value pursuant to any agreement or understanding, oral
564or otherwise; entering into a split-fee arrangement with another
565person who is not a public adjuster; or being otherwise paid or
566accepting 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
569who is vulnerable, emotional, or otherwise upset as the result
570of 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,
573Florida Statutes, to read:
574     626.870  Application for license.--
575     (4)  A license, appointment, or eligibility that has been
576suspended may not be reinstated except upon the filing and
577approval of an application for reinstatement in accordance with
578s. 626.641 and passing of the public adjuster licensing
579examination. An application for reinstatement must be
580accompanied by an application for examination in accordance with
581s. 626.231 and the applicable examination fee. Successful
582completion of the examination does not entitle the applicant to
583have a license reinstated. The application is subject to denial
584pursuant to ss. 626.207, 626.611, 626.621, and 626.8698. If the
585department approves an application for reinstatement, the
586applicant shall be notified that the license will be reinstated
587upon payment by the applicant of the reinstatement fee contained
588in s. 624.501(15).
589     Section 13.  Paragraphs (b) and (e) of subsection (1) and
590paragraphs (b) and (c) of subsection (2) of section 626.8732,
591Florida Statutes, are amended, and subsection (6) is added to
592that section, to read:
593     626.8732  Nonresident public adjuster's qualifications,
594bond.--
595     (1)  The department shall, upon application therefor, issue
596a license to an applicant for a nonresident public adjuster's
597license upon determining that the applicant has paid the
598applicable license fees required under s. 624.501 and:
599     (b)  Has passed to the satisfaction of the department a
600written Florida public adjuster's examination of the scope
601prescribed in s. 626.241(6); however, the requirement for such
602an examination does not apply to any of the following:
603     1.  An applicant who is licensed as a resident public
604adjuster in his or her state of residence, when that state
605requires the passing of a written examination in order to obtain
606the license and a reciprocal agreement with the appropriate
607official of that state has been entered into by the department;
608or
609     2.  An applicant who is licensed as a nonresident public
610adjuster in a state other than his or her state of residence
611when the state of licensure requires the passing of a written
612examination in order to obtain the license and a reciprocal
613agreement with the appropriate official of the state of
614licensure has been entered into by the department.
615     (e)  Has been licensed and employed as a public adjuster in
616the applicant's state of residence on a continual basis for the
617past 3 years, or, if the applicant's state of residence does not
618issue licenses to persons who act as public adjusters, the
619applicant has been licensed and employed as a resident insurance
620company or independent adjuster, insurance agent, insurance
621broker, or other insurance representative in his or her state of
622residence or any other state on a continual basis for the past 3
623years. This paragraph does not apply to persons who are licensed
624to transact only life insurance and annuity business had
625sufficient experience, training, or instruction concerning the
626adjusting of damages or losses under insurance contracts, other
627than life and annuity contracts; is sufficiently informed as to
628the terms and effects of the provisions of those types of
629insurance contracts; and possesses adequate knowledge of the
630laws of this state relating to such contracts as to enable and
631qualify him or her to engage in the business of insurance
632adjuster fairly and without injury to the public or any member
633thereof with whom he or she may have business as a public
634adjuster.
635     (2)  The applicant shall furnish the following with his or
636her application:
637     (b)  If currently licensed as a resident public adjuster in
638the applicant's state of residence, a certificate or letter of
639authorization from the licensing authority of the applicant's
640state of residence, stating that the applicant holds a current
641or comparable license to act as a public adjuster and has held
642the license continuously for the past 3 years. The certificate
643or letter of authorization must be signed by the insurance
644commissioner or his or her deputy or the appropriate licensing
645official and must disclose whether the adjuster has ever had any
646license or eligibility to hold any license declined, denied,
647suspended, revoked, or placed on probation or whether an
648administrative fine or penalty has been levied against the
649adjuster and, if so, the reason for the action.
650     (c)  If the applicant's state of residence does not require
651licensure as a public adjuster and the applicant has been
652licensed as a resident insurance adjuster, agent, broker, or
653other insurance representative in his or her state of residence
654or any other state within the past 3 years, a certificate or
655letter of authorization from the licensing authority stating
656that the applicant holds or has held a license to act as such an
657insurance adjuster, agent, or other insurance representative and
658has held the license continuously for the past 3 years. The
659certificate or letter of authorization must be signed by the
660insurance commissioner or his or her deputy or the appropriate
661licensing official and must disclose whether or not the
662adjuster, agent, or other insurance representative has ever had
663any license or eligibility to hold any license declined, denied,
664suspended, revoked, or placed on probation or whether an
665administrative fine or penalty has been levied against the
666adjuster and, if so, the reason for the action.
667     (6)  If available, the department shall verify the
668nonresident applicant's licensing status through the producer
669database maintained by the National Association of Insurance
670Commissioners or its affiliates or subsidiaries.
671     Section 14.  Section 626.8796, Florida Statutes, is created
672to read:
673     626.8796  Public adjuster contracts; fraud statement.--All
674contracts for public adjuster services must be in writing and
675must prominently display the following statement on the first
676page of the contract: "Any person who knowingly and with intent
677to injure, defraud, or deceive any insurer files a statement of
678claim or proof of loss containing any false, incomplete, or
679misleading information commits a felony of the third degree."
680     Section 15.  Section 626.8797, Florida Statutes, is created
681to read:
682     626.8797  Public adjusters; proof of loss
683certification.--If an insurance policy requires an insured or
684claimant to file a written proof of loss containing an estimate
685of the costs to repair or replace damaged property, a public
686adjuster under contract to adjust the claim for the insured or
687claimant must affirm, under oath given by a notary public, the
688proof of loss by signing the following statement: "I, ...(name
689of claimant or insured)..., do solemnly, sincerely, and truly
690declare and affirm that I have reviewed the estimate of the cost
691of repair or replacement of damaged property as set forth in
692this proof of loss, in my best judgment the estimated costs are
693reasonable, and, to the best of my knowledge, the proof of loss
694does not contain any false, incomplete, or misleading
695information." If this statement is not printed on the proof-of-
696loss form, the adjuster shall add the statement to the form or
697attach a separate page containing the signed statement to the
698form. Pursuant to s. 817.234, any person who, with the intent to
699injure, defraud, or deceive any insurer, prepares, presents, or
700causes to be presented a proof of loss in support of a claim
701under an insurance policy knowing that the proof of loss
702contains any false, incomplete, or misleading information
703concerning any fact or thing material to the claim, commits a
704felony of the third degree, punishable as provided in s.
705775.082, s. 775.803, or s. 775.084.
706     Section 16.  This act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.