CS/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;
15providing that an examination on worker's compensation
16insurance or health insurance may not be required for
17public adjusters; amending s. 626.641, F.S.; providing
18that a suspended license may not be reinstated unless the
19individual seeking reinstatement files an application for
20reinstatement which is subsequently approved by the
21department; prohibiting the department from approving such
22an application under certain circumstances; amending s.
23626.854, F.S.; prohibiting a public adjuster from
24soliciting or entering into a contract with any insured or
25claimant under an insurance policy for a specified period
26after the occurrence of an event that may be the subject
27of a claim; providing an exception; providing that a
28public adjuster's contract to adjust a claim may be
29canceled by the client without penalty within a specified
30period after the execution of the contract; requiring that
31a public adjuster disclose to a client his or her right to
32cancel a contract by specified means; providing an
33exception during a state of emergency; specifying an
34unfair and deceptive insurance trade practice; prohibiting
35a public adjuster, apprentice, or his or her agent from
36giving or offering a monetary loan or an article in excess
37of a specified value to a client or prospective client;
38prohibiting a public adjuster from basing any charge, fee,
39payment, commission, or compensation relating to a
40supplemental claim on the corresponding previous
41settlement or claim payment; prohibiting a public adjuster
42from charging, agreeing to, or accepting a fee, payment,
43commission, or any compensation in excess of certain
44amounts; providing application; requiring a recorded
45statement and examination under oath by public adjusters
46under specified circumstances; providing a purpose for a
47recorded statement and examination under oath by public
48adjusters; creating s. 626.8541, F.S.; defining the term
49"public adjuster apprentice"; amending s. 626.865, F.S.;
50providing qualifications that an applicant must possess
51before the issuance of a license by the department;
52requiring that certain persons applying for a license
53after the completion of a period of suspension,
54termination, cancellation, revocation, or expiration must
55pass the examination required for licensure as a public
56adjuster; creating s. 626.8651, F.S.; providing
57requirements for licensure as a public adjuster
58apprentice; requiring that the department approve an
59application under certain circumstances; requiring that
60all license fees be paid before the department issues a
61license; requiring the applicant to file a bond in a
62specified amount in favor of the department; providing for
63termination of the bond; requiring that the apprentice's
64work be supervised by a licensed adjuster in good
65standing; authorizing the department to adopt rules
66governing employment requirements; providing that the
67supervising adjuster is responsible for the acts of the
68apprentice; providing a period of effectiveness for an
69apprentice license; providing that an individual licensed
70as an apprentice may file an application for licensure as
71a public adjuster after a specified period of employment
72as an apprentice; requiring that a sworn affidavit
73containing certain information accompany such application;
74prohibiting an apprentice from performing any functions
75for which a license is required after the expiration of
76his or her license for apprenticeship without first
77obtaining a license to work as a public adjuster; limiting
78the authority of a public adjuster apprentice; amending s.
79626.869, F.S.; providing that an examination on worker's
80compensation insurance or health insurance may not be
81required for public adjusters; providing for continuing
82education for company employee adjusters, independent
83adjusters, and public adjusters; providing for the
84satisfaction of continuing education requirements for
85nonresident adjusters; amending s. 626.8698, F.S.;
86providing disciplinary guidelines for public adjusters and
87public adjuster apprentices; amending s. 626.870, F.S.;
88providing requirements for the reinstatement of a
89suspended license, an appointment, or eligibility;
90providing for the notification of approval of an
91application for reinstatement; amending s. 626.8732, F.S.;
92revising requirements for licensure as a nonresident
93public adjuster; providing exceptions to such
94requirements; requiring that an applicant for licensure as
95a nonresident public adjuster provide certain information
96with his or her application; requiring that the department
97verify the nonresident applicant's licensing status;
98creating s. 626.8796, F.S.; requiring that all contracts
99for services by a public adjuster be in writing and
100contain a specified statement regarding fraud; creating s.
101626.8797, F.S.; requiring that proof of loss statements
102contain a specified statement regarding fraud; providing
103effective dates.
104
105Be It Enacted by the Legislature of the State of Florida:
106
107     Section 1.  Effective January 1, 2009, subsection (5) of
108section 624.501, Florida Statutes, is amended to read:
109     624.501  Filing, license, appointment, and miscellaneous
110fees.--The department, commission, or office, as appropriate,
111shall collect in advance, and persons so served shall pay to it
112in advance, fees, licenses, and miscellaneous charges as
113follows:
114     (5)  All insurance representatives, application for
115license, application for reinstatement of suspended license,
116each filing, filing fee....$50.00
117     Section 2.  Effective January 1, 2009, subsection (1) of
118section 626.015, Florida Statutes, is amended to read:
119     626.015  Definitions.--As used in this part:
120     (1)  "Adjuster" means a public adjuster as defined in s.
121626.854, public adjuster apprentice as defined in s. 626.8541,
122independent adjuster as defined in s. 626.855, or company
123employee adjuster as defined in s. 626.856.
124     Section 3.  Effective January 1, 2009, paragraphs (c), (e),
125and (f) of subsection (2) of section 626.221, Florida Statutes,
126are amended to read:
127     626.221  Examination requirement; exemptions.--
128     (2)  However, no such examination shall be necessary in any
129of the following cases:
130     (c)  In the discretion of the department, an applicant for
131reinstatement of license or appointment as an agent, customer
132representative, company employee adjuster, or independent
133adjuster whose license has been suspended within 4 years prior
134to the date of application or written request for reinstatement.
135     (e)  A person who has been licensed and appointed as an a
136public adjuster, independent adjuster, or company employee
137adjuster as to all property, casualty, and surety insurances,
138may be licensed and appointed as a company employee adjuster or,
139independent, or public adjuster, as to these kinds of insurance,
140without additional written examination if an application for
141licensure is filed with the department within 48 months
142following the date of cancellation or expiration of the prior
143appointment.
144     (f)  A person who has been licensed as a company employee
145adjuster or independent an adjuster for motor vehicle, property
146and casualty, workers' compensation, and health insurance may be
147licensed as such an adjuster without additional written
148examination if his or her application for licensure is filed
149with the department within 48 months after cancellation or
150expiration of the prior license.
151     Section 4.  Effective January 1, 2009, subsection (6) of
152section 626.241, Florida Statutes, is amended to read:
153     626.241  Scope of examination.--
154     (6)  In order to reflect the differences between adjusting
155claims for an insurer and adjusting claims for an insured, the
156department shall create an examination for applicants seeking
157licensure as a public adjuster and a separate examination for
158applicants seeking licensure as a company employee adjuster or
159independent adjuster. Examinations given applicants for license
160as an all-lines adjuster shall cover adjusting in all lines of
161insurance, other than life and annuity; or, in accordance with
162the application for the license, the examination may be limited
163to adjusting in:
164     (a)  Automobile physical damage insurance;
165     (b)  Property and casualty insurance;
166     (c)  Workers' compensation insurance; or
167     (d)  Health insurance.
168
169No examination on worker's compensation insurance or health
170insurance shall be required for public adjusters.
171     Section 5.  Effective January 1, 2009, subsection (1) of
172section 626.641, Florida Statutes, is amended to read:
173     626.641  Duration of suspension or revocation.--
174     (1)  The department shall, in its order suspending a
175license or appointment or in its order suspending the
176eligibility of a person to hold or apply for such license or
177appointment, specify the period during which the suspension is
178to be in effect; but such period shall not exceed 2 years. The
179license, appointment, or eligibility shall remain suspended
180during the period so specified, subject, however, to any
181rescission or modification of the order by the department, or
182modification or reversal thereof by the court, prior to
183expiration of the suspension period. A license, appointment, or
184eligibility that which has been suspended shall not be
185reinstated except upon the filing and approval of an application
186for request for such reinstatement and, in the case of a second
187suspension, completion of continuing education courses
188prescribed and approved by the department; but the department
189shall not approve an application for grant such reinstatement if
190it finds that the circumstance or circumstances for which the
191license, appointment, or eligibility was suspended still exist
192or are likely to recur. In addition, an application a request
193for reinstatement is subject to denial and subject to a waiting
194period prior to approval on the same grounds that apply to
195applications for licensure pursuant to ss. 626.207, 626.611, and
196626.621, and 626.8698.
197     Section 6.  Subsections (5) through (12) are added to
198section 626.854, Florida Statutes, to read:
199     626.854  "Public adjuster" defined; prohibitions.--The
200Legislature finds that it is necessary for the protection of the
201public to regulate public insurance adjusters and to prevent the
202unauthorized practice of law.
203     (5)  A public adjuster may not directly or indirectly
204through any other person or entity solicit an insured or
205claimant by any means except on Monday through Saturday of each
206week and only between the hours of 8 a.m. and 8 p.m. on those
207days.
208     (6)  A public adjuster may not directly or indirectly
209through any other person or entity initiate contact or engage in
210face-to-face or telephonic solicitation or enter into a contract
211with any insured or claimant under an insurance policy until at
212least 48 hours after the occurrence of an event that may be the
213subject of a claim under the insurance policy unless contact is
214initiated by the insured or claimant.
215     (7)  An insured or claimant may cancel a public adjuster's
216contract to adjust a claim without penalty or obligation within
2173 business days after the date on which the contract is executed
218or within 3 business days after the date on which the insured or
219claimant has notified the insurer of the claim, by phone or in
220writing, whichever is later. The public adjuster's contract
221shall disclose to the insured or claimant his or her right to
222cancel the contract and advise the insured or claimant that
223notice of cancellation must be submitted in writing and sent by
224certified mail, return receipt requested, or other form of
225mailing which provides proof thereof, to the public adjuster at
226the address specified in the contract; provided, during any
227state of emergency as declared by the Governor and for a period
228of 1 year after the date of loss, the insured or claimant shall
229have 5 business days after the date on which the contract is
230executed to cancel a public adjuster's contract.
231     (8)  It is an unfair and deceptive insurance trade practice
232pursuant to s. 626.9541 for a public adjuster or any other
233person to circulate or disseminate any advertisement,
234announcement, or statement containing any assertion,
235representation, or statement with respect to the business of
236insurance which is untrue, deceptive, or misleading.
237     (9)  A public adjuster, a public adjuster apprentice, or
238any person or entity acting on behalf of a public adjuster or
239public adjuster apprentice may not give or offer to give a
240monetary loan or advance to a client or prospective client.
241     (10)  A public adjuster, public adjuster apprentice, or any
242individual or entity acting on behalf of a public adjuster or
243public adjuster apprentice may not give or offer to give,
244directly or indirectly, any article of merchandise having a
245value in excess of $25 to any individual for the purpose of
246advertising or as an inducement to entering into a contract with
247a public adjuster.
248     (11)(a)  If a public adjuster enters into a contract with
249an insured or claimant to reopen a claim or to file a
250supplemental claim that seeks additional payments for a claim
251that has been previously paid in part or in full or settled by
252the insurer, the public adjuster may not charge, agree to, or
253accept any compensation, payment, commission, fee, or other
254thing of value based on a previous settlement or previous claim
255payments by the insurer for the same cause of loss. The charge,
256compensation, payment, commission, fee, or other thing of value
257may be based only on the claim payments or settlement obtained
258through the work of the public adjuster after entering into the
259contract with the insured or claimant. The contracts described
260in this paragraph are not subject to the limitations in
261paragraph (b).
262     (b)  A public adjuster may not charge, agree to, or accept
263any compensation, payment, commission, fee, or other thing of
264value in excess of:
265     1.  Ten percent of the amount of insurance claim payments
266by the insurer for claims based on events that are the subject
267of a declaration of a state of emergency by the Governor. This
268provision applies to claims made during the period of 1 year
269after the declaration of emergency.
270     2.  Twenty percent of the amount of all other insurance
271claim payments.
272     (12)  A public adjuster shall provide a recorded statement
273and examination under oath upon request of the insurer after
274reasonable notice to the public adjuster. The purpose of such
275recorded statement and examination under oath is limited to
276providing the insurer with such information as may be reasonably
277necessary to evaluate the factual basis and validity of a claim
278and the public adjuster's related actions.
279
280The provisions of subsections (5)-(11) apply only to residential
281property insurance policies and condominium association policies
282as defined in s. 718.111(11).
283     Section 7.  Effective January 1, 2009, section 626.8541,
284Florida Statutes, is created to read:
285     626.8541  Public adjuster apprentice.--
286     (1)  A "public adjuster apprentice" is any person who is
287not a licensed public adjuster, who is employed by or has a
288contract with a licensed and appointed public adjuster in good
289standing with the department or a public adjusting firm that
290employs at least one licensed and appointed public adjuster in
291good standing with the department to assist a public adjuster in
292conducting business under the license, and who satisfies the
293requirements of s. 626.8651.
294     (2)  A public adjuster apprentice must work with a licensed
295and appointed public adjuster for a period of 12 months as set
296forth in this section, and who otherwise is in full compliance
297with this chapter, prior to being eligible for appointment as a
298licensed public adjuster.
299     Section 8.  Effective January 1, 2009, paragraph (e) of
300subsection (1) of section 626.865, Florida Statutes, is amended,
301and subsection (3) is added to that section, to read:
302     626.865  Public adjuster's qualifications, bond.--
303     (1)  The department shall issue a license to an applicant
304for a public adjuster's license upon determining that the
305applicant has paid the applicable fees specified in s. 624.501
306and possesses the following qualifications:
307     (e)  Has passed the any required written examination.
308     (3)  The department may not issue a license as a public
309adjuster to any individual who has not passed the examination
310for a public adjuster's license. Any individual who is applying
311for reinstatement of a license after completion of a period of
312suspension and any individual who is applying for a new license
313after termination, cancellation, revocation, or expiration of a
314prior license as a public adjuster must pass the examination
315required for licensure as a public adjuster after approval of
316the application for reinstatement or for a new license
317regardless of whether the applicant passed an examination prior
318to issuance of the license that was suspended, terminated,
319canceled, revoked, or expired.
320     Section 9.  Effective January 1, 2009, section 626.8651,
321Florida Statutes, is created to read:
322     626.8651  Public adjuster apprentice license;
323qualifications.--
324     (1)  The department shall issue a license as a public
325adjuster apprentice to an applicant who is:
326     (a)  A natural person at least 18 years of age.
327     (b)  A United States citizen or legal alien who possesses
328work authorization from the United States Bureau of Citizenship
329and Immigration Services and is a resident of this state.
330     (c)  Trustworthy and has such business reputation as would
331reasonably ensure that the applicant will conduct business as a
332public adjuster apprentice fairly and in good faith and without
333detriment to the public.
334     (2)  All applicable license fees, as prescribed in s.
335624.501, must be paid in full before issuance of the license.
336     (3)  At the time of application for license as a public
337adjuster apprentice, the applicant shall file with the
338department a bond executed and issued by a surety insurer
339authorized to transact such business in this state in the amount
340of $50,000, conditioned upon the faithful performance of his or
341her duties as a public adjuster apprentice under the license for
342which the applicant has applied, and thereafter maintain the
343bond unimpaired throughout the existence of the license and for
344at least 1 year after termination of the license. The bond shall
345be in favor of the department and shall specifically authorize
346recovery by the department of the damages sustained in case the
347licensee commits fraud or unfair practices in connection with
348his or her business as a public adjuster apprentice. The
349aggregate liability of the surety for all such damages may not
350exceed the amount of the bond, and the bond may not be
351terminated by the issuing insurer unless written notice of at
352least 30 days is given to the licensee and filed with the
353department.
354     (4)  A public adjuster apprentice shall complete at a
355minimum 100 hours of employment per month for 12 months of
356employment under the supervision of a licensed and appointed
357all-lines public adjuster in order to qualify for licensure as a
358public adjuster. The department may adopt rules that establish
359standards for such employment requirements.
360     (5)  A supervising public adjuster shall be responsible and
361accountable for the acts of a public adjuster apprentice which
362are related to transacting business as a public adjuster
363apprentice.
364     (6)  An apprentice license is effective for 18 months
365unless the license expires due to lack of maintaining an
366appointment; is surrendered by the licensee; is terminated,
367suspended, or revoked by the department; or is canceled by the
368department upon issuance of a public adjuster license. The
369department may not issue a public adjuster apprentice license to
370any individual who has held such a license in this state within
3712 years after expiration, surrender, termination, revocation, or
372cancellation of the license.
373     (7)  After completing the requirements for employment as a
374public adjuster apprentice, the licensee may file an application
375for a public adjuster license. The applicant and supervising
376public adjuster or public adjusting firm must each file a sworn
377affidavit, on a form prescribed by the department, verifying
378that the employment of the public adjuster apprentice meets the
379requirements of this section.
380     (8)  In no event shall a public adjuster apprentice
381licensed under this section perform any of the functions for
382which a public adjuster's license is required after expiration
383of the public adjuster apprentice license without having
384obtained a public adjuster license.
385     (9)  A public adjuster apprentice has the same authority as
386the licensed public adjuster or public adjusting firm that
387employs the apprentice except that an apprentice may not execute
388contracts for the services of a public adjuster or public
389adjusting firm and may not solicit contracts for the services
390except under the direct supervision and guidance of the
391supervisory public adjuster. An individual may not be, act as,
392or hold himself or herself out to be a public adjuster
393apprentice unless the individual is licensed and holds a current
394appointment by a licensed public all-lines adjuster or a public
395adjusting firm that employs a licensed all-lines public
396adjuster.
397     Section 10.  Subsections (1) and (4) of section 626.869,
398Florida Statutes, are amended to read:
399     626.869  License, adjusters; continuing education.--
400     (1)  An applicant for a license as an adjuster may qualify
401and his or her license when issued may cover adjusting in any
402one of the following classes of insurance:
403     (a)  All lines of insurance except life and annuities.
404     (b)  Motor vehicle physical damage insurance.
405     (c)  Property and casualty insurance.
406     (d)  Workers' compensation insurance.
407     (e)  Health insurance.
408
409No examination on worker's compensation insurance or health
410insurance shall be required for public adjusters.
411     (4)(a)  Any individual holding a license as a company
412employee adjuster or independent adjuster for 24 consecutive
413months or longer must, beginning in his or her birth month and
414every 2 years thereafter, have completed 24 hours of courses, 2
415hours of which relate to ethics, in subjects designed to inform
416the licensee regarding the current insurance laws of this state,
417so as to enable him or her to engage in business as an insurance
418adjuster fairly and without injury to the public and to adjust
419all claims in accordance with the policy or contract and the
420laws of this state.
421     (b)  Any individual holding a license as a public adjuster
422for 24 consecutive months or longer, beginning in their birth
423month and every 2 years thereafter, must have completed 24 hours
424of courses, 2 hours of which relate to ethics, in subjects
425designed to inform the licensee regarding the current laws of
426this state pertaining to all lines of insurance other than life
427and annuities, the current laws of this state pertaining to the
428duties and responsibilities of public adjusters as set forth in
429this part, and the current rules of the department applicable to
430public adjusters and standard or representative policy forms
431used by insurers, other than forms for life insurance and
432annuities, so as to enable him or her to engage in business as
433an adjuster fairly and without injury to the public and to
434adjust all claims in accordance with the policy or contract and
435laws of this state. In order to receive credit for continuing
436education courses, public adjusters must take courses that are
437specifically designed for public adjusters and approved by the
438department, provided, however, no continuing education course
439shall be required for public adjusters for worker's compensation
440insurance or health insurance.
441     (c)  The department shall adopt rules necessary to
442implement and administer the continuing education requirements
443of this subsection. For good cause shown, the department may
444grant an extension of time during which the requirements imposed
445by this section may be completed, but such extension of time may
446not exceed 1 year.
447     (d)  A nonresident public adjuster must complete the
448continuing education requirements provided by this section;
449provided, a nonresident public adjuster may meet the
450requirements of this section if the continuing education
451requirements of the nonresident public adjuster's home state are
452determined to be substantially comparable to the requirements of
453this state's continuing education requirements and if the
454resident's state recognizes reciprocity with this state's
455continuing education requirements. A nonresident public adjuster
456whose home state does not have such continuing education
457requirements for adjusters, and who is not licensed as a
458nonresident adjuster in a state that has continuing education
459requirements and reciprocates with this state, must meet the
460continuing education requirements of this section.
461     Section 11.  Section 626.8698, Florida Statutes, is amended
462to read:
463     626.8698  Disciplinary guidelines for public adjusters and
464public adjuster apprentices.--The department may deny, suspend,
465or revoke the license of a public adjuster or public adjuster
466apprentice, and administer a fine not to exceed $5,000 per act,
467for any of the following:
468     (1)  Violating any provision of this chapter or a rule or
469order of the department;
470     (2)  Receiving payment or anything of value as a result of
471an unfair or deceptive practice;
472     (3)  Receiving or accepting any fee, kickback, or other
473thing of value pursuant to any agreement or understanding, oral
474or otherwise; entering into a split-fee arrangement with another
475person who is not a public adjuster; or being otherwise paid or
476accepting payment for services that have not been performed;
477     (4)  Violating s. 316.066 or s. 817.234;
478     (5)  Soliciting or otherwise taking advantage of a person
479who is vulnerable, emotional, or otherwise upset as the result
480of a trauma, accident, or other similar occurrence; or
481     (6)  Violating any ethical rule of the department.
482     Section 12.  Effective January 1, 2009, subsection (4) is
483added to section 626.870, Florida Statutes, to read:
484     626.870  Application for license.--
485     (4)  A license, an appointment, or eligibility that has
486been suspended may not be reinstated except upon the filing and
487approval of an application for reinstatement in accordance with
488s. 626.641. In addition, for reinstatement of a public
489adjuster's license, appointment, or eligibility, the individual
490must pass the public adjuster licensing examination. An
491application for reinstatement must be accompanied by any
492applicable examination fee. Successful completion of the
493examination does not entitle the applicant to have a license
494reinstated. The application is subject to denial pursuant to ss.
495626.207, 626.611, 626.621, and 626.8698. If the department
496approves an application for reinstatement, the applicant shall
497be notified that the license will be reinstated upon payment by
498the applicant of the reinstatement fee contained in s.
499624.501(15).
500     Section 13.  Effective January 1, 2009, paragraphs (b) and
501(e) of subsection (1) and paragraphs (b) and (c) of subsection
502(2) of section 626.8732, Florida Statutes, are amended, and
503subsection (6) is added to that section, to read:
504     626.8732  Nonresident public adjuster's qualifications,
505bond.--
506     (1)  The department shall, upon application therefor, issue
507a license to an applicant for a nonresident public adjuster's
508license upon determining that the applicant has paid the
509applicable license fees required under s. 624.501 and:
510     (b)  Has passed to the satisfaction of the department a
511written Florida public adjuster's examination of the scope
512prescribed in s. 626.241(6); however, the requirement for such
513an examination does not apply to any of the following:
514     1.  An applicant who is licensed as a resident public
515adjuster in his or her state of residence, when that state
516requires the passing of a written examination in order to obtain
517the license and a reciprocal agreement with the appropriate
518official of that state has been entered into by the department;
519or
520     2.  An applicant who is licensed as a nonresident public
521adjuster in a state other than his or her state of residence
522when the state of licensure requires the passing of a written
523examination in order to obtain the license and a reciprocal
524agreement with the appropriate official of the state of
525licensure has been entered into by the department.
526     (e)  Has been licensed and employed as a public adjuster in
527the applicant's state of residence on a continual basis for the
528past 3 years, or, if the applicant's state of residence does not
529issue licenses to individuals who act as public adjusters, the
530applicant has been licensed and employed as a resident insurance
531company or independent adjuster, insurance agent, insurance
532broker, or other insurance representative in his or her state of
533residence or any other state on a continual basis for the past 3
534years. This paragraph does not apply to individuals who are
535licensed to transact only life insurance and annuity business
536had sufficient experience, training, or instruction concerning
537the adjusting of damages or losses under insurance contracts,
538other than life and annuity contracts; is sufficiently informed
539as to the terms and effects of the provisions of those types of
540insurance contracts; and possesses adequate knowledge of the
541laws of this state relating to such contracts as to enable and
542qualify him or her to engage in the business of insurance
543adjuster fairly and without injury to the public or any member
544thereof with whom he or she may have business as a public
545adjuster.
546     (2)  The applicant shall furnish the following with his or
547her application:
548     (b)  If currently licensed as a resident public adjuster in
549the applicant's state of residence, a certificate or letter of
550authorization from the licensing authority of the applicant's
551state of residence, stating that the applicant holds a current
552or comparable license to act as a public adjuster and has held
553the license continuously for the past 3 years. The certificate
554or letter of authorization must be signed by the insurance
555commissioner or his or her deputy or the appropriate licensing
556official and must disclose whether the adjuster has ever had any
557license or eligibility to hold any license declined, denied,
558suspended, revoked, or placed on probation or whether an
559administrative fine or penalty has been levied against the
560adjuster and, if so, the reason for the action.
561     (c)  If the applicant's state of residence does not require
562licensure as a public adjuster and the applicant has been
563licensed as a resident insurance adjuster, agent, broker, or
564other insurance representative in his or her state of residence
565or any other state within the past 3 years, a certificate or
566letter of authorization from the licensing authority stating
567that the applicant holds or has held a license to act as such an
568insurance adjuster, agent, or other insurance representative and
569has held the license continuously for the past 3 years. The
570certificate or letter of authorization must be signed by the
571insurance commissioner or his or her deputy or the appropriate
572licensing official and must disclose whether or not the
573adjuster, agent, or other insurance representative has ever had
574any license or eligibility to hold any license declined, denied,
575suspended, revoked, or placed on probation or whether an
576administrative fine or penalty has been levied against the
577adjuster and, if so, the reason for the action.
578     (6)  If available, the department shall verify the
579nonresident applicant's licensing status through the producer
580database maintained by the National Association of Insurance
581Commissioners or its affiliates or subsidiaries.
582     Section 14.  Section 626.8796, Florida Statutes, is created
583to read:
584     626.8796  Public adjuster contracts; fraud statement.--All
585contracts for public adjuster services must be in writing and
586must prominently display the following statement on the
587contract: "Pursuant to s. 817.234, Florida Statutes, any person
588who, with the intent to injure, defraud, or deceive any insurer
589or insured, prepares, presents, or causes to be presented a
590proof of loss or estimate of cost or repair of damaged property
591in support of a claim under an insurance policy knowing that the
592proof of loss or estimate of claim or repairs contains any
593false, incomplete, or misleading information concerning any fact
594or thing material to the claim commits a felony of the third
595degree, punishable as provided in s. 775.082, s. 775.803, or s.
596775.084, Florida Statutes."
597     Section 15.  Section 626.8797, Florida Statutes, is created
598to read:
599     626.8797  Proof of loss; fraud statement.--All proof of
600loss statements must prominently display the following
601statement: "Pursuant to s. 817.234, Florida Statutes, any person
602who, with the intent to injure, defraud, or deceive any insurer
603or insured, prepares, presents, or causes to be presented a
604proof of loss or estimate of cost or repair of damaged property
605in support of a claim under an insurance policy knowing that the
606proof of loss or estimate of claim or repairs contains any
607false, incomplete, or misleading information concerning any fact
608or thing material to the claim commits a felony of the third
609degree, punishable as provided in s. 775.082, s. 775.803, or s.
610775.084, Florida Statutes."
611     Section 16.  Except as otherwise expressly provided in this
612act, this act shall take effect October 1, 2008.


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