HB 1181

1	A bill to be entitled
2	An act relating to public adjusters; amending s. 626.854,
3	F.S.; providing a definition; prohibiting public adjusters
4	from making certain employment solicitations; prohibiting
5	certain unsolicited written communications; providing
6	exception requirements; revising prohibited solicitations;
7	revising prohibited charges by public adjusters; providing
8	a definition; amending s. 626.8796, F.S.; specifying
9	required information in public adjuster contracts;
10	creating s. 626.70132, F.S.; barring certain personal
11	lines residential coverage insurance claims subject to
12	certain notice requirements; providing a definition;
13	providing nonapplicability to certain civil actions
14	limitations; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsections (5), (6), and (11) of section
19	626.854, Florida Statutes, are amended to read:
20	626.854  "Public adjuster" defined; prohibitions.-The
21	Legislature finds that it is necessary for the protection of the
22	public to regulate public insurance adjusters and to prevent the
23	unauthorized practice of law.
24	(5)(a)  As used in this subsection, the term "solicit" or
25	"solicitation" means contact in person or by telephone,
26	facsimile, United States postal service, electronic mail, or any
27	other method of communication directed to a specific recipient.
28	(b)  Except as provided in paragraph (c), a public adjuster
29	may not solicit professional employment from a prospective
30	customer with whom the public adjuster has no family or prior
31	professional relationship, in person or otherwise, when a
32	significant motive for the public adjuster's doing so is the
33	public adjuster's pecuniary gain.
34	(c)  An unsolicited written communication to an insured for
35	the purpose of obtaining professional employment is prohibited
36	unless it complies with the following requirements:
37	1.  The first page and the lower left corner of the face of
38	the envelope of such written communication shall be plainly
39	marked "ADVERTISEMENT" in red ink in 14-point font.
40	2.  The communication must be sent only by regular United
41	States mail and not by registered mail or any other form of
42	restricted delivery.
43	3.  The communication may not be made to resemble legal
44	pleadings or other legal documents.
45	4.  The communication may not contain any information as to
46	the public adjuster's or public adjusting firm's record or
47	history in obtaining claim payments or settlements for other
48	insureds.
49	5.  The communication may not be mailed less than 30 days
50	after the occurrence of an event that may be the subject of a
51	claim under an insurance policy. A public adjuster may not
52	directly or indirectly through any other person or entity
53	solicit an insured or claimant by any means except on Monday
54	through Saturday of each week and only between the hours of 8
55	a.m. and 8 p.m. on those days.
56	(6)  A public adjuster may not directly or indirectly
57	through any other person or entity initiate contact or engage in
58	face-to-face or telephonic solicitation or enter into a contract
59	with any insured or claimant under an insurance policy until at
60	least 48 hours after the occurrence of an event that may be the
61	subject of a claim under the insurance policy unless contact is
62	initiated by the insured or claimant.
63	(11)(a)  If a public adjuster enters into a contract with
64	an insured or claimant to reopen a claim or to file a
65	supplemental claim that seeks additional payments for a claim
66	that has been previously paid in part or in full or settled by
67	the insurer, the public adjuster may not charge, agree to, or
68	accept any compensation, payment, commission, fee, or other
69	thing of value based on a previous settlement or previous claim
70	payments by the insurer for the same cause of loss. The charge,
71	compensation, payment, commission, fee, or other thing of value
72	may be based only on the claim payments or settlement obtained
73	through the work of the public adjuster after entering into the
74	contract with the insured or claimant. The contracts described
75	in this paragraph are not subject to the limitations in
76	paragraph (b).
77	(b)  A public adjuster may not charge, agree to, or accept
78	any compensation, payment, commission, fee, or other thing of
79	value in excess of:
80	1.  Ten percent of any the amount in excess of the
81	insurance company's claim valuation to repair or replace damage
82	to covered property payments by the insurer for claims based on
83	events that are the subject of a declaration of a state of
84	emergency by the Governor. This provision applies to claims made
85	during the period of 1 year after the declaration of emergency.
86	2.  Twenty percent of any the amount in excess of the all
87	other insurance company's claim valuation to repair or replace
88	damage to covered property for all other insurance claim
89	payments.
90	(c)  For purposes of this subsection, the term "claim
91	valuation" means the total amount offered in writing or actually
92	paid, or any combination of such amounts, by the insurance
93	company to the policyholder for the claim for the damaged
94	property, including loss of use, additional living, emergency,
95	and any other expenses required to be paid under the terms of
96	the policy.
97
98	The provisions of subsections (5)-(13) apply only to residential
99	property insurance policies and condominium association policies
100	as defined in s. 718.111(11).
101	Section 2.  Section 626.8796, Florida Statutes, is amended
102	to read:
103	626.8796  Public adjuster contracts; fraud statement.-
104	(1)  All contracts for public adjuster services must be in
105	writing and must prominently display the following statement on
106	the contract: "Pursuant to s. 817.234, Florida Statutes, any
107	person who, with the intent to injure, defraud, or deceive any
108	insurer or insured, prepares, presents, or causes to be
109	presented a proof of loss or estimate of cost or repair of
110	damaged property in support of a claim under an insurance policy
111	knowing that the proof of loss or estimate of claim or repairs
112	contains any false, incomplete, or misleading information
113	concerning any fact or thing material to the claim commits a
114	felony of the third degree, punishable as provided in s.
115	775.082, s. 775.083, or s. 775.084, Florida Statutes."
116	(2)  A public adjuster contract must contain the names and
117	addresses of the public adjuster, the public adjusting firm, and
118	the insured, together with the signatures of the public adjuster
119	and the insured and the signature date. A copy of the contract
120	must be remitted to the insurer within 30 days after execution.
121	Section 3.  Section 626.70132, Florida Statutes, is created
122	to read:
123	626.70132  Duty to file windstorm or hurricane claim.-A
124	claim, supplemental claim, or reopened claim under an insurance
125	policy that provides personal lines residential coverage, as
126	defined in s. 627.4025, for loss or damage caused by the peril
127	of windstorm or hurricane is barred unless notice of the claim
128	was given to the insurer in accordance with the terms of the
129	policy within 3 years after the windstorm or hurricane first
130	made landfall, or the windstorm caused the covered damage, in
131	this state. For purposes of this section, the term "supplemental
132	or reopened claim" means a claim for recovery of additional
133	payments from the insurer for losses from the same hurricane for
134	which the insurer has previously paid pursuant to the initial
135	claim. This section may not be interpreted to affect any
136	applicable limitation on civil actions provided in s. 95.11.
137	Section 4.  This act shall take effect July 1, 2010.

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