Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1064
       
       
       
       
       
       
                                Ì6561746Î656174                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
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       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 to may not
   60  solicit contracts for the services except under the direct
   61  supervision and guidance of 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;