Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1770 Barcode 893998 LEGISLATIVE ACTION Senate . House Comm: WD . 03/19/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on General Government (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 341 and 342 4 insert: 5 Section 5. Subsection (11) of section 626.854, Florida 6 Statutes, is amended 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 (11)(a) If a public adjuster enters into a contract with an 12 insured or claimant to reopen a claim or file a supplemental 13 claim that seeks additional payments for a claim that has been 14 previously paid in part or in full or settled by the insurer, 15 the public adjuster may not charge, agree to, or accept any 16 compensation, payment, commission, fee, or other thing of value 17 from any source based on a previous settlement or previous claim 18 payments by the insurer for the same cause of loss. The charge, 19 compensation, payment, commission, fee, or other thing of value 20 must be based only on the claim payments or settlement obtained 21 through the work of the public adjuster after entering into the 22 contract with the insured or claimant. Compensation for the 23 reopened or supplemental claim may not exceed 20 percent of the 24 reopened or supplemental claim payment. The contracts described 25 in this paragraph are not subject to the limitations in 26 paragraph (b). 27 (b) A public adjuster may not charge, agree to, or accept 28 any compensation, payment, commission, fee, or other thing of 29 value from any source in excess of: 30 1. Ten percent of the amount of insurance claim payments 31 made by the insurer for claims based on events that are the 32 subject of a declaration of a state of emergency by the 33 Governor.
This provision applies to claims made during the year34 after the declaration of emergency. After that year, the35 limitations in subparagraph 2. apply.36 2. Fifteen Twentypercent of the amount of insurance claim 37 payments made by the insurer for claims that are not based on 38 events that are the subject of a declaration of a state of 39 emergency by the Governor. 40 (c) Any maneuver, shift, or device through which the limits 41 on compensation set forth in this subsection are exceeded is a 42 violation of this chapter punishable as provided under s. 43 626.8698. 44 45 ================= T I T L E A M E N D M E N T ================ 46 And the title is amended as follows: 47 Delete line 23 48 and insert: 49 certain circumstances; amending s. 626.854, F.S.; 50 revising the amount of compensation that may be paid 51 to a public adjuster under specified circumstances; 52 providing sanctions for a violation of these limits; 53 amending s. 627.062, F.S.;