Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1064 Ì6561746Î656174 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Negron) recommended the following: 1 Senate Amendment to Amendment (396478) (with title 2 amendment) 3 4 Delete lines 23 - 36 5 and insert: 6 (2) A property insurance policy may prohibit the post-loss 7 assignment of benefits, rights, causes of action, or other 8 contractual rights under the policy, except that a policyholder 9 may assign the benefit of payment: 10 (a) Up to $3,000, to a person or entity that provides 11 services or materials to mitigate or repair damage that directly 12 arises from a covered loss. Such assignment is limited solely to 13 designating the person or entity as a copayee for the benefit of 14 payment for the reasonable value of services or materials 15 provided. The policyholder has the exclusive right to enforce 16 payment of the post-loss benefits under the policy and may not 17 assign that right to another person or entity. 18 (b) To compensate a public adjuster for services authorized 19 by s. 626.854(11). The assignment may only be for compensation 20 due to the public adjuster by the policyholder and may not 21 include any assignment of other benefits under the policy. This 22 paragraph does not change the obligations, if any, of the 23 insurer to issue to the policyholder a check for payment in the 24 name of the policyholder or mortgageholder. 25 (c) To an attorney who represents the policyholder only if 26 the assignment provides that the benefits are to be paid to the 27 attorney for disbursement of the funds by the attorney to repair 28 the property at the direction of the policyholder. 29 (3) A post-loss assignment in violation of subsection (2) 30 is void. 31 Section 2. Subsection (16) of section 626.854, Florida 32 Statutes, is amended to read: 33 626.854 “Public adjuster” defined; prohibitions.—The 34 Legislature finds that it is necessary for the protection of the 35 public to regulate public insurance adjusters and to prevent the 36 unauthorized practice of law. 37 (16)(a) A licensed contractor under part I of chapter 489, 38 or a subcontractor, may not adjust a claim on behalf of an 39 insured unless licensed and compliant as a public adjuster under 40 this chapter. However, the contractor may discuss or explain a 41 bid for construction or repair of covered property with the 42 residential property owner who has suffered loss or damage 43 covered by a property insurance policy, or the insurer of such 44 property, if the contractor is doing so for the usual and 45 customary fees applicable to the work to be performed as stated 46 in the contract between the contractor and the insured. 47 (b) An assignment or agreement that transfers the authority 48 to adjust, negotiate, or settle any portion of a claim to such 49 contractor or subcontractor or that is otherwise in violation of 50 this section is void. 51 Section 2. Subsection (11) of section 626.8651, Florida 52 Statutes, is amended to read: 53 626.8651 Public adjuster apprentice license; 54 qualifications.— 55 (11) A public adjuster apprentice has the same authority as 56 the licensed public adjuster or public adjusting firm that 57 employs the apprentice except that an apprentice may not execute 58 contracts for the services of a public adjuster or public 59 adjusting firm and is limited in his or her ability tomay not60 solicit contracts for the servicesexcept under the direct61supervision and guidanceof the supervisory public adjuster. A 62 public adjuster apprentice may only solicit contracts for the 63 supervisory public adjuster under the general supervision of the 64 supervisory public adjuster; provided, however, that the public 65 adjuster apprentice may only solicit contracts if the public 66 adjuster apprentice has appeared at a residence without a prior 67 appointment if the apprentice is under the direct supervision of 68 the supervisory public adjuster. A public adjuster apprentice 69 may not solicit contracts for natural disaster claims within 30 70 days after the declaration of the natural disaster except under 71 the direct supervision of a supervisory public adjuster. An 72 individual may not be, act as, or hold himself or herself out to 73 be a public adjuster apprentice unless the individual is 74 licensed and holds a current appointment by a licensed public 75 all-lines adjuster or a public adjusting firm that employs a 76 licensed all-lines public adjuster. 77 Section 3. Subsection (4) is added to section 627.405, 78 Florida Statutes, to read: 79 627.405 Insurable interest; property.— 80 (4) Insurable interest does not survive an assignment, 81 except to a subsequent purchaser of the property who acquires 82 insurable interest following a loss. 83 84 ================= T I T L E A M E N D M E N T ================ 85 And the title is amended as follows: 86 Delete lines 44 - 53 87 and insert: 88 An act relating to insurance claims; amending s. 89 627.422, F.S.; authorizing a property insurance policy 90 to prohibit the post-loss assignment of certain 91 benefits or rights that apply to specified losses; 92 providing exceptions; providing that a post-loss 93 assignment in violation of the act is void; amending 94 s. 626.854, F.S.; providing that an assignment or 95 agreement that transfers authority to adjust, 96 negotiate, or settle a claim or that violates other 97 specified provisions is void; amending s. 626.8651, 98 F.S.; revising the authority of public adjuster 99 apprentices; amending s. 627.405, F.S.; prohibiting 100 assignment of an insurable interest except to 101 subsequent purchasers after a loss;