1 | Representative 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 |
6 | to read: |
7 | 626.854 "Public adjuster" defined; prohibitions.--The |
8 | Legislature finds that it is necessary for the protection of the |
9 | public to regulate public insurance adjusters and to prevent the |
10 | unauthorized practice of law. |
11 | (1) A "public adjuster" is any person, except a duly |
12 | licensed attorney at law as hereinafter in s. 626.860 provided, |
13 | who, for money, commission, or any other thing of value, |
14 | prepares, completes, or files an insurance claim form for an |
15 | insured or third-party claimant or who, for money, commission, |
16 | or any other thing of value, acts or aids in any manner on |
17 | behalf of an insured or third-party claimant in negotiating for |
18 | or effecting the settlement of a claim or claims for loss or |
19 | damage covered by an insurance contract or who advertises for |
20 | employment as an adjuster of such claims, and also includes any |
21 | person who, for money, commission, or any other thing of value, |
22 | solicits, investigates, or adjusts such claims on behalf of any |
23 | such public adjuster. |
24 | (2) This definition does not apply to: |
25 | (a) A licensed health care provider or employee thereof |
26 | who prepares or files a health insurance claim form on behalf of |
27 | a patient. |
28 | (b) A person who files a health claim on behalf of another |
29 | and does so without compensation. |
30 | (3) A public adjuster may not give legal advice. A public |
31 | adjuster may not act on behalf of or aid any person in |
32 | negotiating or settling a claim relating to bodily injury, |
33 | death, or noneconomic damages. |
34 | (4) For purposes of this section, the term "insured" |
35 | includes only the policyholder and any beneficiaries named or |
36 | similarly identified in the policy. |
37 | (5) A public adjuster may not directly or indirectly |
38 | through any other person or entity solicit an insured or |
39 | claimant by any means except on Monday through Saturday of each |
40 | week and only between the hours of 8 a.m. and 8 p.m. on those |
41 | days. |
42 | (6) A public adjuster may not directly or indirectly |
43 | through any other person or entity initiate contact or engage in |
44 | face-to-face or telephonic solicitation or enter into a contract |
45 | with any insured or claimant under an insurance policy until at |
46 | least 48 hours after the occurrence of an event that may be the |
47 | subject of a claim under the insurance policy unless contact is |
48 | initiated by the insured or claimant. |
49 | (7) An insured or claimant may cancel a public adjuster's |
50 | contract to adjust a claim without penalty or obligation within |
51 | 3 business days after the date on which the contract is executed |
52 | or within 3 business days after the date on which the insured or |
53 | claimant has notified the insurer of the claim, by phone or in |
54 | writing, whichever is later. The public adjuster's contract |
55 | shall disclose to the insured or claimant his or her right to |
56 | cancel the contract and advise the insured or claimant that |
57 | notice of cancellation must be submitted in writing and sent by |
58 | certified mail, return receipt requested, or other form of |
59 | mailing which provides proof thereof, to the public adjuster at |
60 | the address specified in the contract; provided, during any |
61 | state of emergency as declared by the Governor and for a period |
62 | of 1 year after the date of loss, the insured or claimant shall |
63 | have 5 business days after the date on which the contract is |
64 | executed to cancel a public adjuster's contract. |
65 | (8) It is an unfair and deceptive insurance trade practice |
66 | pursuant to s. 626.9541 for a public adjuster or any other |
67 | person to circulate or disseminate any advertisement, |
68 | announcement, or statement containing any assertion, |
69 | representation, or statement with respect to the business of |
70 | insurance which is untrue, deceptive, or misleading. |
71 | (9) A public adjuster, a public adjuster apprentice, or |
72 | any person or entity acting on behalf of a public adjuster or |
73 | public adjuster apprentice may not give or offer to give a |
74 | monetary loan or advance to a client or prospective client. |
75 | (10) A public adjuster, public adjuster apprentice, or any |
76 | individual or entity acting on behalf of a public adjuster or |
77 | public adjuster apprentice may not give or offer to give, |
78 | directly or indirectly, any article of merchandise having a |
79 | value in excess of $25 to any individual for the purpose of |
80 | advertising or as an inducement to entering into a contract with |
81 | a public adjuster. |
82 | (11)(a) If a public adjuster enters into a contract with |
83 | an insured or claimant to reopen a claim or to file a |
84 | supplemental claim that seeks additional payments for a claim |
85 | that has been previously paid in part or in full or settled by |
86 | the insurer, the public adjuster may not charge, agree to, or |
87 | accept any compensation, payment, commission, fee, or other |
88 | thing of value based on a previous settlement or previous claim |
89 | payments by the insurer for the same cause of loss. The charge, |
90 | compensation, payment, commission, fee, or other thing of value |
91 | may be based only on the claim payments or settlement obtained |
92 | through the work of the public adjuster after entering into the |
93 | contract with the insured or claimant. The contracts described |
94 | in this paragraph are not subject to the limitations in |
95 | paragraph (b). |
96 | (b) A public adjuster may not charge, agree to, or accept |
97 | any compensation, payment, commission, fee, or other thing of |
98 | value in excess of: |
99 | 1. Ten percent of the amount of insurance claim payments |
100 | by the insurer for claims based on events that are the subject |
101 | of a declaration of a state of emergency by the Governor. This |
102 | provision applies to claims made during the period of 1 year |
103 | after the declaration of emergency. |
104 | 2. Twenty percent of the amount of all other insurance |
105 | claim payments. |
106 | (12) Each public adjuster shall provide to the claimant or |
107 | insured a written estimate of the loss to assist in the |
108 | submission of a proof of loss or any other claim for payment of |
109 | insurance proceeds. The public adjuster shall retain such |
110 | written estimate for at least 5 years and shall make such |
111 | estimate available to the claimant or insured and the department |
112 | upon request. |
113 | (13) A public adjuster, public adjuster apprentice, or any |
114 | person acting on behalf of a public adjuster or apprentice may |
115 | not accept referrals of business from any person with whom the |
116 | public adjuster conducts business if there is any form or manner |
117 | of agreement to compensate the person, whether directly or |
118 | indirectly, for referring business to the public adjuster. A |
119 | public adjuster may not compensate any person, except for |
120 | another public adjuster, whether directly or indirectly, for the |
121 | principal purpose of referring business to the public adjuster. |
122 |
|
123 | The provisions of subsections (5)-(13) (5)-(12) apply only to |
124 | residential property insurance policies and condominium |
125 | association policies as defined in s. 718.111(11). |
126 | Section 17. Paragraph (e) of subsection (1) of section |
127 | 626.865, 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 |
130 | for a public adjuster's license upon determining that the |
131 | applicant has paid the applicable fees specified in s. 624.501 |
132 | and possesses the following qualifications: |
133 | (e) Has passed the required written examination. |
134 | Section 18. Section 626.8651, Florida Statutes, is amended |
135 | to read: |
136 | 626.8651 Public adjuster apprentice license; |
137 | qualifications.-- |
138 | (1) The department shall issue a license as a public |
139 | adjuster 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 |
142 | work authorization from the United States Bureau of Citizenship |
143 | and Immigration Services and is a resident of this state. |
144 | (c) Trustworthy and has such business reputation as would |
145 | reasonably ensure that the applicant will conduct business as a |
146 | public adjuster apprentice fairly and in good faith and without |
147 | detriment to the public. |
148 | (2) All applicable license fees, as prescribed in s. |
149 | 624.501, must be paid in full before issuance of the license. |
150 | (3) The applicant must have passed the required written |
151 | examination before issuance of the license. |
152 | (4) At the time of application for license as a public |
153 | adjuster apprentice, each applicant must have completed the |
154 | training and received the Accredited Claims Adjuster designation |
155 | which provides experience, training, and instruction concerning |
156 | the adjusting of damages and losses under insurance contracts, |
157 | other than life and annuity contracts, provides education on the |
158 | terms and effects of the provisions of those types of insurance |
159 | contracts, and provides knowledge of the laws of this state |
160 | relating to such contracts as to enable and qualify him or her |
161 | to engage in the business of a public adjuster apprentice fairly |
162 | and without injury to the public or any member of the public |
163 | with whom the applicant may conduct business as a public |
164 | adjuster apprentice. |
165 | (5)(3) At the time of application for license as a public |
166 | adjuster apprentice, the applicant shall file with the |
167 | department a bond executed and issued by a surety insurer |
168 | authorized to transact such business in this state in the amount |
169 | of $50,000, conditioned upon the faithful performance of his or |
170 | her duties as a public adjuster apprentice under the license for |
171 | which the applicant has applied, and thereafter maintain the |
172 | bond unimpaired throughout the existence of the license and for |
173 | at least 1 year after termination of the license. The bond shall |
174 | be in favor of the department and shall specifically authorize |
175 | recovery by the department of the damages sustained in case the |
176 | licensee commits fraud or unfair practices in connection with |
177 | his or her business as a public adjuster apprentice. The |
178 | aggregate liability of the surety for all such damages may not |
179 | exceed the amount of the bond, and the bond may not be |
180 | terminated by the issuing insurer unless written notice of at |
181 | least 30 days is given to the licensee and filed with the |
182 | department. |
183 | (6)(4) A public adjuster apprentice shall complete at a |
184 | minimum 100 hours of employment per month for 12 months of |
185 | employment under the supervision of a licensed and appointed |
186 | all-lines public adjuster in order to qualify for licensure as a |
187 | public adjuster. The department may adopt rules that establish |
188 | standards for such employment requirements. |
189 | (7)(5) An appointing public adjusting firm shall maintain |
190 | no more than 12 public adjuster apprentices simultaneously; |
191 | however, a supervising public adjuster shall be responsible for |
192 | no more than 3 public adjuster apprentices simultaneously and |
193 | accountable for the acts of all a public adjuster apprentices |
194 | that apprentice which are related to transacting business as a |
195 | public adjuster apprentice. |
196 | (8)(6) An apprentice license is effective for 18 months |
197 | unless the license expires due to lack of maintaining an |
198 | appointment; is surrendered by the licensee; is terminated, |
199 | suspended, or revoked by the department; or is canceled by the |
200 | department upon issuance of a public adjuster license. The |
201 | department may not issue a public adjuster apprentice license to |
202 | any individual who has held such a license in this state within |
203 | 2 years after expiration, surrender, termination, revocation, or |
204 | cancellation of the license. |
205 | (9)(7) After completing the requirements for employment as |
206 | a public adjuster apprentice, the licensee may file an |
207 | application for a public adjuster license. The applicant and |
208 | supervising public adjuster or public adjusting firm must each |
209 | file a sworn affidavit, on a form prescribed by the department, |
210 | verifying that the employment of the public adjuster apprentice |
211 | meets the requirements of this section. |
212 | (10)(8) In no event shall a public adjuster apprentice |
213 | licensed under this section perform any of the functions for |
214 | which a public adjuster's license is required after expiration |
215 | of the public adjuster apprentice license without having |
216 | obtained a public adjuster license. |
217 | (11)(9) A public adjuster apprentice has the same |
218 | authority as the licensed public adjuster or public adjusting |
219 | firm that employs the apprentice except that an apprentice may |
220 | not execute contracts for the services of a public adjuster or |
221 | public adjusting firm and may not solicit contracts for the |
222 | services except under the direct supervision and guidance of the |
223 | supervisory public adjuster. An individual may not be, act as, |
224 | or hold himself or herself out to be a public adjuster |
225 | apprentice unless the individual is licensed and holds a current |
226 | appointment by a licensed public all-lines adjuster or a public |
227 | adjusting firm that employs a licensed all-lines public |
228 | adjuster. |
229 | Section 19. Subsection (7) is added to section 627.7011, |
230 | Florida Statutes, to read: |
231 | 627.7011 Homeowners' policies; offer of replacement cost |
232 | coverage and law and ordinance coverage.-- |
233 | (7) This section does not prohibit an insurer from |
234 | exercising its right to repair damaged property in compliance |
235 | with 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: |
240 | amending s. 626.854, F.S.; prohibiting public adjusters from |
241 | compensating, or agreeing to compensate, any person for |
242 | referrals of business; providing an exception; amending s. |
243 | 626.865, F.S.; revising qualifications for public adjuster's |
244 | license; deleting requirement that applicant for public |
245 | adjuster's license pass a written examination; amending s. |
246 | 626.8651, F.S.; revising qualifications for public adjuster |
247 | apprentice license; requiring that applicant for public adjuster |
248 | apprentice license pass a written examination, complete certain |
249 | training, and receive a specified designation; limiting the |
250 | number of public adjuster apprentices that may appointed by a |
251 | public adjusting firm or supervised by a supervising public |
252 | adjuster; amending s. 627.7011, F.S.; specifying that provisions |
253 | regulating homeowners' policies do not prohibit insurers from |
254 | repairing damaged property; |