Florida Senate - 2015                             CS for SB 1064
       
       
        
       By the Committee on Banking and Insurance; and Senator Hukill
       
       
       
       
       
       597-02742-15                                          20151064c1
    1                        A bill to be entitled                      
    2         An act relating to insurance claims; amending s.
    3         626.854, F.S.; providing that an assignment or
    4         agreement that transfers authority to adjust,
    5         negotiate, or settle a claim or that violates other
    6         specified provisions is void; amending s. 626.8651,
    7         F.S.; revising the authority of public adjuster
    8         apprentices; amending s. 627.405, F.S.; prohibiting
    9         assignment of an insurable interest except to
   10         subsequent purchasers after a loss; amending s.
   11         627.422, F.S.; authorizing a property insurance policy
   12         to prohibit the post-loss assignment of certain
   13         benefits or rights that apply to specified losses;
   14         providing exceptions; providing that a post-loss
   15         assignment in violation of the act is void; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (16) of section 626.854, Florida
   21  Statutes, is amended to read:
   22         626.854 “Public adjuster” defined; prohibitions.—The
   23  Legislature finds that it is necessary for the protection of the
   24  public to regulate public insurance adjusters and to prevent the
   25  unauthorized practice of law.
   26         (16)(a) A licensed contractor under part I of chapter 489,
   27  or a subcontractor, may not adjust a claim on behalf of an
   28  insured unless licensed and compliant as a public adjuster under
   29  this chapter. However, the contractor may discuss or explain a
   30  bid for construction or repair of covered property with the
   31  residential property owner who has suffered loss or damage
   32  covered by a property insurance policy, or the insurer of such
   33  property, if the contractor is doing so for the usual and
   34  customary fees applicable to the work to be performed as stated
   35  in the contract between the contractor and the insured.
   36         (b) An assignment or agreement that transfers the authority
   37  to adjust, negotiate, or settle any portion of a claim to such
   38  contractor or subcontractor or that is otherwise in violation of
   39  this section is void.
   40         Section 2. Subsection (11) of section 626.8651, Florida
   41  Statutes, is amended to read:
   42         626.8651 Public adjuster apprentice license;
   43  qualifications.—
   44         (11) A public adjuster apprentice has the same authority as
   45  the licensed public adjuster or public adjusting firm that
   46  employs the apprentice except that an apprentice may not execute
   47  contracts for the services of a public adjuster or public
   48  adjusting firm and is limited in his or her ability to may not
   49  solicit contracts for the services except under the direct
   50  supervision and guidance of the supervisory public adjuster. A
   51  public adjuster apprentice may only solicit contracts for the
   52  supervisory public adjuster under the general supervision of the
   53  supervisory public adjuster; provided, however, that the public
   54  adjuster apprentice may only solicit contracts if the public
   55  adjuster apprentice has appeared at a residence without a prior
   56  appointment if the apprentice is under the direct supervision of
   57  the supervisory public adjuster. A public adjuster apprentice
   58  may not solicit contracts for natural disaster claims within 30
   59  days after the declaration of the natural disaster except under
   60  the direct supervision of a supervisory public adjuster. An
   61  individual may not be, act as, or hold himself or herself out to
   62  be a public adjuster apprentice unless the individual is
   63  licensed and holds a current appointment by a licensed public
   64  all-lines adjuster or a public adjusting firm that employs a
   65  licensed all-lines public adjuster.
   66         Section 3. Subsection (4) is added to section 627.405,
   67  Florida Statutes, to read:
   68         627.405 Insurable interest; property.—
   69         (4) An insurable interest does not survive an assignment,
   70  except to a subsequent purchaser of the property who acquires
   71  insurable interest following a loss.
   72         Section 4. Section 627.422, Florida Statutes, is amended to
   73  read:
   74         627.422 Assignment of policies; limitations on post-loss
   75  assignment of benefits.—
   76         (1) A policy may be assignable, or not assignable, as
   77  provided by its terms. Subject to its terms relating to
   78  assignability, any life or health insurance policy under the
   79  terms of which the beneficiary may be changed upon the sole
   80  request of the policyowner may be assigned either by pledge or
   81  transfer of title, by an assignment executed by the policyowner
   82  alone and delivered to the insurer, regardless of whether or not
   83  the pledgee or assignee is the insurer. Any such assignment
   84  entitles shall entitle the insurer to deal with the assignee as
   85  the owner or pledgee of the policy in accordance with the terms
   86  of the assignment, until the insurer has received at its home
   87  office written notice of termination of the assignment or pledge
   88  or written notice by or on behalf of some other person claiming
   89  some interest in the policy in conflict with the assignment.
   90         (2) A property insurance policy may prohibit the post-loss
   91  assignment of benefits, rights, causes of action, or other
   92  contractual rights under the policy, except that a policyholder
   93  may assign the benefit of payment:
   94         (a) Up to $3,000, to a person or entity that provides
   95  services or materials to mitigate or repair damage that directly
   96  arises from a covered loss. Such assignment is limited solely to
   97  designating the person or entity as a copayee for the benefit of
   98  payment for the reasonable value of services or materials
   99  provided. The policyholder has the exclusive right to enforce
  100  payment of the post-loss benefits under the policy and may not
  101  assign that right to another person or entity.
  102         (b) To compensate a public adjuster for services authorized
  103  by s. 626.854(11). The assignment may only be for compensation
  104  due to the public adjuster by the policyholder and may not
  105  include any assignment of other benefits under the policy. This
  106  paragraph does not change the obligations, if any, of the
  107  insurer to issue to the policyholder a check for payment in the
  108  name of the policyholder or mortgageholder.
  109         (c) To an attorney who represents the policyholder only if
  110  the assignment provides that the benefits are to be paid to the
  111  attorney for disbursement of the funds by the attorney to repair
  112  the property at the direction of the policyholder.
  113         (3) A post-loss assignment in violation of subsection (2)
  114  is void.
  115         Section 5. This act shall take effect July 1, 2015.
  116