Amendment
Bill No. CS/CS/CS/HB 1495
Amendment No. 484655
CHAMBER ACTION
Senate House
.
.
.






1Representative Long offered the following:
2
3     Amendment (with title amendment)
4     Between lines 2245 and 2246, insert:
5     Section 16.  Section 626.854, Florida Statutes, is amended
6to read:
7     626.854  "Public adjuster" defined; prohibitions.--The
8Legislature finds that it is necessary for the protection of the
9public to regulate public insurance adjusters and to prevent the
10unauthorized practice of law.
11     (1)  A "public adjuster" is any person, except a duly
12licensed attorney at law as hereinafter in s. 626.860 provided,
13who, for money, commission, or any other thing of value,
14prepares, completes, or files an insurance claim form for an
15insured or third-party claimant or who, for money, commission,
16or any other thing of value, acts or aids in any manner on
17behalf of an insured or third-party claimant in negotiating for
18or effecting the settlement of a claim or claims for loss or
19damage covered by an insurance contract or who advertises for
20employment as an adjuster of such claims, and also includes any
21person who, for money, commission, or any other thing of value,
22solicits, investigates, or adjusts such claims on behalf of any
23such public adjuster.
24     (2)  This definition does not apply to:
25     (a)  A licensed health care provider or employee thereof
26who prepares or files a health insurance claim form on behalf of
27a patient.
28     (b)  A person who files a health claim on behalf of another
29and does so without compensation.
30     (3)  A public adjuster may not give legal advice. A public
31adjuster may not act on behalf of or aid any person in
32negotiating or settling a claim relating to bodily injury,
33death, or noneconomic damages.
34     (4)  For purposes of this section, the term "insured"
35includes only the policyholder and any beneficiaries named or
36similarly identified in the policy.
37     (5)  A public adjuster may not directly or indirectly
38through any other person or entity solicit an insured or
39claimant by any means except on Monday through Saturday of each
40week and only between the hours of 8 a.m. and 8 p.m. on those
41days.
42     (6)  A public adjuster may not directly or indirectly
43through any other person or entity initiate contact or engage in
44face-to-face or telephonic solicitation or enter into a contract
45with any insured or claimant under an insurance policy until at
46least 48 hours after the occurrence of an event that may be the
47subject of a claim under the insurance policy unless contact is
48initiated by the insured or claimant.
49     (7)  An insured or claimant may cancel a public adjuster's
50contract to adjust a claim without penalty or obligation within
513 business days after the date on which the contract is executed
52or within 3 business days after the date on which the insured or
53claimant has notified the insurer of the claim, by phone or in
54writing, whichever is later. The public adjuster's contract
55shall disclose to the insured or claimant his or her right to
56cancel the contract and advise the insured or claimant that
57notice of cancellation must be submitted in writing and sent by
58certified mail, return receipt requested, or other form of
59mailing which provides proof thereof, to the public adjuster at
60the address specified in the contract; provided, during any
61state of emergency as declared by the Governor and for a period
62of 1 year after the date of loss, the insured or claimant shall
63have 5 business days after the date on which the contract is
64executed to cancel a public adjuster's contract.
65     (8)  It is an unfair and deceptive insurance trade practice
66pursuant to s. 626.9541 for a public adjuster or any other
67person to circulate or disseminate any advertisement,
68announcement, or statement containing any assertion,
69representation, or statement with respect to the business of
70insurance which is untrue, deceptive, or misleading.
71     (9)  A public adjuster, a public adjuster apprentice, or
72any person or entity acting on behalf of a public adjuster or
73public adjuster apprentice may not give or offer to give a
74monetary loan or advance to a client or prospective client.
75     (10)  A public adjuster, public adjuster apprentice, or any
76individual or entity acting on behalf of a public adjuster or
77public adjuster apprentice may not give or offer to give,
78directly or indirectly, any article of merchandise having a
79value in excess of $25 to any individual for the purpose of
80advertising or as an inducement to entering into a contract with
81a public adjuster.
82     (11)(a)  If a public adjuster enters into a contract with
83an insured or claimant to reopen a claim or to file a
84supplemental claim that seeks additional payments for a claim
85that has been previously paid in part or in full or settled by
86the insurer, the public adjuster may not charge, agree to, or
87accept any compensation, payment, commission, fee, or other
88thing of value based on a previous settlement or previous claim
89payments by the insurer for the same cause of loss. The charge,
90compensation, payment, commission, fee, or other thing of value
91may be based only on the claim payments or settlement obtained
92through the work of the public adjuster after entering into the
93contract with the insured or claimant. The contracts described
94in this paragraph are not subject to the limitations in
95paragraph (b).
96     (b)  A public adjuster may not charge, agree to, or accept
97any compensation, payment, commission, fee, or other thing of
98value in excess of:
99     1.  Ten percent of the amount of insurance claim payments
100by the insurer for claims based on events that are the subject
101of a declaration of a state of emergency by the Governor. This
102provision applies to claims made during the period of 1 year
103after the declaration of emergency.
104     2.  Twenty percent of the amount of all other insurance
105claim payments.
106     (12)  Each public adjuster shall provide to the claimant or
107insured a written estimate of the loss to assist in the
108submission of a proof of loss or any other claim for payment of
109insurance proceeds. The public adjuster shall retain such
110written estimate for at least 5 years and shall make such
111estimate available to the claimant or insured and the department
112upon request.
113     (13)  A public adjuster, public adjuster apprentice, or any
114person acting on behalf of a public adjuster or apprentice may
115not accept referrals of business from any person with whom the
116public adjuster conducts business if there is any form or manner
117of agreement to compensate the person, whether directly or
118indirectly, for referring business to the public adjuster. A
119public adjuster may not compensate any person, except for
120another public adjuster, whether directly or indirectly, for the
121principal purpose of referring business to the public adjuster.
122
123The provisions of subsections (5)-(13) (5)-(12) apply only to
124residential property insurance policies and condominium
125association policies as defined in s. 718.111(11).
126     Section 17.  Paragraph (e) of subsection (1) of section
127626.865, Florida Statutes, is amended to read:
128     626.865  Public adjuster's qualifications, bond.--
129     (1)  The department shall issue a license to an applicant
130for a public adjuster's license upon determining that the
131applicant has paid the applicable fees specified in s. 624.501
132and possesses the following qualifications:
133     (e)  Has passed the required written examination.
134     Section 18.  Section 626.8651, Florida Statutes, is amended
135to read:
136     626.8651  Public adjuster apprentice license;
137qualifications.--
138     (1)  The department shall issue a license as a public
139adjuster apprentice to an applicant who is:
140     (a)  A natural person at least 18 years of age.
141     (b)  A United States citizen or legal alien who possesses
142work authorization from the United States Bureau of Citizenship
143and Immigration Services and is a resident of this state.
144     (c)  Trustworthy and has such business reputation as would
145reasonably ensure that the applicant will conduct business as a
146public adjuster apprentice fairly and in good faith and without
147detriment to the public.
148     (2)  All applicable license fees, as prescribed in s.
149624.501, must be paid in full before issuance of the license.
150     (3)  The applicant must have passed the required written
151examination before issuance of the license.
152     (4)  At the time of application for license as a public
153adjuster apprentice, each applicant must have completed the
154training and received the Accredited Claims Adjuster designation
155which provides experience, training, and instruction concerning
156the adjusting of damages and losses under insurance contracts,
157other than life and annuity contracts, provides education on the
158terms and effects of the provisions of those types of insurance
159contracts, and provides knowledge of the laws of this state
160relating to such contracts as to enable and qualify him or her
161to engage in the business of a public adjuster apprentice fairly
162and without injury to the public or any member of the public
163with whom the applicant may conduct business as a public
164adjuster apprentice.
165     (5)(3)  At the time of application for license as a public
166adjuster apprentice, the applicant shall file with the
167department a bond executed and issued by a surety insurer
168authorized to transact such business in this state in the amount
169of $50,000, conditioned upon the faithful performance of his or
170her duties as a public adjuster apprentice under the license for
171which the applicant has applied, and thereafter maintain the
172bond unimpaired throughout the existence of the license and for
173at least 1 year after termination of the license. The bond shall
174be in favor of the department and shall specifically authorize
175recovery by the department of the damages sustained in case the
176licensee commits fraud or unfair practices in connection with
177his or her business as a public adjuster apprentice. The
178aggregate liability of the surety for all such damages may not
179exceed the amount of the bond, and the bond may not be
180terminated by the issuing insurer unless written notice of at
181least 30 days is given to the licensee and filed with the
182department.
183     (6)(4)  A public adjuster apprentice shall complete at a
184minimum 100 hours of employment per month for 12 months of
185employment under the supervision of a licensed and appointed
186all-lines public adjuster in order to qualify for licensure as a
187public adjuster. The department may adopt rules that establish
188standards for such employment requirements.
189     (7)(5)  An appointing public adjusting firm shall maintain
190no more than 12 public adjuster apprentices simultaneously;
191however, a supervising public adjuster shall be responsible for
192no more than 3 public adjuster apprentices simultaneously and
193accountable for the acts of all a public adjuster apprentices
194that apprentice which are related to transacting business as a
195public adjuster apprentice.
196     (8)(6)  An apprentice license is effective for 18 months
197unless the license expires due to lack of maintaining an
198appointment; is surrendered by the licensee; is terminated,
199suspended, or revoked by the department; or is canceled by the
200department upon issuance of a public adjuster license. The
201department may not issue a public adjuster apprentice license to
202any individual who has held such a license in this state within
2032 years after expiration, surrender, termination, revocation, or
204cancellation of the license.
205     (9)(7)  After completing the requirements for employment as
206a public adjuster apprentice, the licensee may file an
207application for a public adjuster license. The applicant and
208supervising public adjuster or public adjusting firm must each
209file a sworn affidavit, on a form prescribed by the department,
210verifying that the employment of the public adjuster apprentice
211meets the requirements of this section.
212     (10)(8)  In no event shall a public adjuster apprentice
213licensed under this section perform any of the functions for
214which a public adjuster's license is required after expiration
215of the public adjuster apprentice license without having
216obtained a public adjuster license.
217     (11)(9)  A public adjuster apprentice has the same
218authority as the licensed public adjuster or public adjusting
219firm that employs the apprentice except that an apprentice may
220not execute contracts for the services of a public adjuster or
221public adjusting firm and may not solicit contracts for the
222services except under the direct supervision and guidance of the
223supervisory public adjuster. An individual may not be, act as,
224or hold himself or herself out to be a public adjuster
225apprentice unless the individual is licensed and holds a current
226appointment by a licensed public all-lines adjuster or a public
227adjusting firm that employs a licensed all-lines public
228adjuster.
229     Section 19.  Subsection (7) is added to section 627.7011,
230Florida Statutes, to read:
231     627.7011  Homeowners' policies; offer of replacement cost
232coverage and law and ordinance coverage.--
233     (7)  This section does not prohibit an insurer from
234exercising its right to repair damaged property in compliance
235with its policy and s. 627.702(7).
236
237
-----------------------------------------------------
238
T I T L E  A M E N D M E N T
239     Between lines 118 and 119, insert:
240amending s. 626.854, F.S.; prohibiting public adjusters from
241compensating, or agreeing to compensate, any person for
242referrals of business; providing an exception; amending s.
243626.865, F.S.; revising qualifications for public adjuster's
244license; deleting requirement that applicant for public
245adjuster's license pass a written examination; amending s.
246626.8651, F.S.; revising qualifications for public adjuster
247apprentice license; requiring that applicant for public adjuster
248apprentice license pass a written examination, complete certain
249training, and receive a specified designation; limiting the
250number of public adjuster apprentices that may appointed by a
251public adjusting firm or supervised by a supervising public
252adjuster; amending s. 627.7011, F.S.; specifying that provisions
253regulating homeowners' policies do not prohibit insurers from
254repairing damaged property;


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