Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 336
       
       
       
       
       
       
                                Ì968182:Î968182                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2016           .                                
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       The Committee on Regulated Industries (Richter) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 624.04, Florida Statutes, is amended to
    6  read:
    7         624.04 “Person” defined.—“Person” includes an individual,
    8  insurer, company, association, organization, Lloyds, society,
    9  reciprocal insurer or interinsurance exchange, partnership,
   10  syndicate, business trust, corporation, agent, general agent,
   11  broker, service representative, adjuster, property insurance
   12  appraisal umpire, and every legal entity.
   13         Section 2. Subsection (2) of section 624.303, Florida
   14  Statutes, is amended to read:
   15         624.303 Seal; certified copies as evidence.—
   16         (2) All certificates executed by the department or office,
   17  other than licenses of agents, property insurance appraisal
   18  umpires, or adjusters, or similar licenses or permits, shall
   19  bear its respective seal.
   20         Section 3. Subsection (4) of section 624.311, Florida
   21  Statutes, is amended to read:
   22         624.311 Records; reproductions; destruction.—
   23         (4) To facilitate the efficient use of floor space and
   24  filing equipment in its offices, the department, commission, and
   25  office may each destroy the following records and documents
   26  pursuant to chapter 257:
   27         (a) General closed correspondence files over 3 years old;
   28         (b) Agent, adjuster, property insurance appraisal umpire,
   29  and similar license files, including license files of the
   30  Division of State Fire Marshal, over 2 years old; except that
   31  the department or office shall preserve by reproduction or
   32  otherwise a copy of the original records upon the basis of which
   33  each such licensee qualified for her or his initial license,
   34  except a competency examination, and of any disciplinary
   35  proceeding affecting the licensee;
   36         (c) All agent, adjuster, property insurance appraisal
   37  umpire, and similar license files and records, including
   38  original license qualification records and records of
   39  disciplinary proceedings 5 years after a licensee has ceased to
   40  be qualified for a license;
   41         (d) Insurer certificate of authority files over 2 years
   42  old, except that the office shall preserve by reproduction or
   43  otherwise a copy of the initial certificate of authority of each
   44  insurer;
   45         (e) All documents and records which have been photographed
   46  or otherwise reproduced as provided in subsection (3), if such
   47  reproductions have been filed and an audit of the department or
   48  office has been completed for the period embracing the dates of
   49  such documents and records; and
   50         (f) All other records, documents, and files not expressly
   51  provided for in paragraphs (a)-(e).
   52         Section 4. Section 624.317, Florida Statutes, is amended to
   53  read:
   54         624.317 Investigation of agents, adjusters, property
   55  insurance appraisal umpires, administrators, service companies,
   56  and others.—If it has reason to believe that any person has
   57  violated or is violating any provision of this code, or upon the
   58  written complaint signed by any interested person indicating
   59  that any such violation may exist:
   60         (1) The department shall conduct such investigation as it
   61  deems necessary of the accounts, records, documents, and
   62  transactions pertaining to or affecting the insurance affairs of
   63  any general agent, surplus lines agent, adjuster, property
   64  insurance appraisal umpire, managing general agent, insurance
   65  agent, insurance agency, customer representative, service
   66  representative, or other person subject to its jurisdiction,
   67  subject to the requirements of s. 626.601.
   68         (2) The office shall conduct such investigation as it deems
   69  necessary of the accounts, records, documents, and transactions
   70  pertaining to or affecting the insurance affairs of any:
   71         (a) Administrator, service company, or other person subject
   72  to its jurisdiction.
   73         (b) Person having a contract or power of attorney under
   74  which she or he enjoys in fact the exclusive or dominant right
   75  to manage or control an insurer.
   76         (c) Person engaged in or proposing to be engaged in the
   77  promotion or formation of:
   78         1. A domestic insurer;
   79         2. An insurance holding corporation; or
   80         3. A corporation to finance a domestic insurer or in the
   81  production of the domestic insurer’s business.
   82         Section 5. Paragraph (c) of subsection (19) and subsection
   83  (28) of section 624.501, Florida Statutes, are amended, and
   84  subsection (29) is added to that section, to read:
   85         624.501 Filing, license, appointment, and miscellaneous
   86  fees.—The department, commission, or office, as appropriate,
   87  shall collect in advance, and persons so served shall pay to it
   88  in advance, fees, licenses, and miscellaneous charges as
   89  follows:
   90         (19) Miscellaneous services:
   91         (c) For preparing lists of agents, adjusters, property
   92  insurance appraisal umpires, and other insurance
   93  representatives, and for other miscellaneous services, such
   94  reasonable charge as may be fixed by the office or department.
   95         (28) Late filing of appointment renewals for agents,
   96  adjusters, property insurance appraisal umpires, and other
   97  insurance representatives, each appointment...............$20.00
   98         (29)Property insurance appraisal umpires:
   99         (a) Property insurance appraisal umpire’s appointment and
  100  biennial renewal or continuation thereof, each
  101  appointment.................$60.00
  102         (b) Fee to cover the actual cost of a credit report when
  103  the report must be secured by the department.
  104         Section 6. Paragraph (e) of subsection (1) of section
  105  624.523, Florida Statutes, is amended to read:
  106         624.523 Insurance Regulatory Trust Fund.—
  107         (1) There is created in the State Treasury a trust fund
  108  designated “Insurance Regulatory Trust Fund” to which shall be
  109  credited all payments received on account of the following
  110  items:
  111         (e) All payments received on account of items provided for
  112  under respective provisions of s. 624.501, as follows:
  113         1. Subsection (1) (certificate of authority of insurer).
  114         2. Subsection (2) (charter documents of insurer).
  115         3. Subsection (3) (annual license tax of insurer).
  116         4. Subsection (4) (annual statement of insurer).
  117         5. Subsection (5) (application fee for insurance
  118  representatives).
  119         6. The “appointment fee” portion of any appointment
  120  provided for under paragraphs (6)(a) and (b) (insurance
  121  representatives, property, marine, casualty and surety
  122  insurance, and agents).
  123         7. Paragraph (6)(c) (nonresident agents).
  124         8. Paragraph (6)(d) (service representatives).
  125         9. The “appointment fee” portion of any appointment
  126  provided for under paragraph (7)(a) (life insurance agents,
  127  original appointment, and renewal or continuation of
  128  appointment).
  129         10. Paragraph (7)(b) (nonresident agent license).
  130         11. The “appointment fee” portion of any appointment
  131  provided for under paragraph (8)(a) (health insurance agents,
  132  agent’s appointment, and renewal or continuation fee).
  133         12. Paragraph (8)(b) (nonresident agent appointment).
  134         13. The “appointment fee” portion of any appointment
  135  provided for under subsections (9) and (10) (limited licenses
  136  and fraternal benefit society agents).
  137         14. Subsection (11) (surplus lines agent).
  138         15. Subsection (12) (adjusters’ appointment).
  139         16. Subsection (13) (examination fee).
  140         17. Subsection (14) (temporary license and appointment as
  141  agent or adjuster).
  142         18. Subsection (15) (reissuance, reinstatement, etc.).
  143         19. Subsection (16) (additional license continuation fees).
  144         20. Subsection (17) (filing application for permit to form
  145  insurer).
  146         21. Subsection (18) (license fee of rating organization).
  147         22. Subsection (19) (miscellaneous services).
  148         23. Subsection (20) (insurance agencies).
  149         24. Subsection (29) (property insurance appraisal umpires’
  150  appointment).
  151         Section 7. Subsections (16) through (19) of section
  152  626.015, Florida Statutes, are renumbered as subsections (17)
  153  through (20), respectively, and a new subsection (16) is added
  154  to that section, to read:
  155         626.015 Definitions.—As used in this part:
  156         (16) “Property insurance appraisal umpire” or “umpire”
  157  means a property insurance appraisal umpire as defined in s.
  158  626.9964.
  159         Section 8. Subsection (1) of section 626.016, Florida
  160  Statutes, is amended to read:
  161         626.016 Powers and duties of department, commission, and
  162  office.—
  163         (1) The powers and duties of the Chief Financial Officer
  164  and the department specified in this part apply only with
  165  respect to insurance agents, insurance agencies, managing
  166  general agents, insurance adjusters, umpires, reinsurance
  167  intermediaries, viatical settlement brokers, customer
  168  representatives, service representatives, and agencies.
  169         Section 9. Subsection (1) of section 626.022, Florida
  170  Statutes, is amended to read:
  171         626.022 Scope of part.—
  172         (1) This part applies as to insurance agents, service
  173  representatives, adjusters, umpires, and insurance agencies; as
  174  to any and all kinds of insurance; and as to stock insurers,
  175  mutual insurers, reciprocal insurers, and all other types of
  176  insurers, except that:
  177         (a) It does not apply as to reinsurance, except that ss.
  178  626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
  179  626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541
  180  626.591, and ss. 626.601-626.711 shall apply as to reinsurance
  181  intermediaries as defined in s. 626.7492.
  182         (b) The applicability of this chapter as to fraternal
  183  benefit societies shall be as provided in chapter 632.
  184         (c) It does not apply to a bail bond agent, as defined in
  185  s. 648.25, except as provided in chapter 648 or chapter 903.
  186         (d) This part does not apply to a certified public
  187  accountant licensed under chapter 473 who is acting within the
  188  scope of the practice of public accounting, as defined in s.
  189  473.302, provided that the activities of the certified public
  190  accountant are limited to advising a client of the necessity of
  191  obtaining insurance, the amount of insurance needed, or the line
  192  of coverage needed, and provided that the certified public
  193  accountant does not directly or indirectly receive or share in
  194  any commission or referral fee.
  195         Section 10. Section 626.112, Florida Statutes, is amended
  196  to read:
  197         626.112 License and appointment required; agents, customer
  198  representatives, adjusters, umpires, insurance agencies, service
  199  representatives, managing general agents.—
  200         (1)(a) No person may be, act as, or advertise or hold
  201  himself or herself out to be an insurance agent, insurance
  202  adjuster, or customer representative unless he or she is
  203  currently licensed by the department and appointed by an
  204  appropriate appointing entity or person.
  205         (b) Except as provided in subsection (8) (6) or in
  206  applicable department rules, and in addition to other conduct
  207  described in this chapter with respect to particular types of
  208  agents, a license as an insurance agent, service representative,
  209  customer representative, or limited customer representative is
  210  required in order to engage in the solicitation of insurance.
  211  For purposes of this requirement, as applicable to any of the
  212  license types described in this section, the solicitation of
  213  insurance is the attempt to persuade any person to purchase an
  214  insurance product by:
  215         1. Describing the benefits or terms of insurance coverage,
  216  including premiums or rates of return;
  217         2. Distributing an invitation to contract to prospective
  218  purchasers;
  219         3. Making general or specific recommendations as to
  220  insurance products;
  221         4. Completing orders or applications for insurance
  222  products;
  223         5. Comparing insurance products, advising as to insurance
  224  matters, or interpreting policies or coverages; or
  225         6. Offering or attempting to negotiate on behalf of another
  226  person a viatical settlement contract as defined in s. 626.9911.
  227  
  228  However, an employee leasing company licensed pursuant to
  229  chapter 468 which is seeking to enter into a contract with an
  230  employer that identifies products and services offered to
  231  employees may deliver proposals for the purchase of employee
  232  leasing services to prospective clients of the employee leasing
  233  company setting forth the terms and conditions of doing
  234  business; classify employees as permitted by s. 468.529; collect
  235  information from prospective clients and other sources as
  236  necessary to perform due diligence on the prospective client and
  237  to prepare a proposal for services; provide and receive
  238  enrollment forms, plans, and other documents; and discuss or
  239  explain in general terms the conditions, limitations, options,
  240  or exclusions of insurance benefit plans available to the client
  241  or employees of the employee leasing company were the client to
  242  contract with the employee leasing company. Any advertising
  243  materials or other documents describing specific insurance
  244  coverages must identify and be from a licensed insurer or its
  245  licensed agent or a licensed and appointed agent employed by the
  246  employee leasing company. The employee leasing company may not
  247  advise or inform the prospective business client or individual
  248  employees of specific coverage provisions, exclusions, or
  249  limitations of particular plans. As to clients for which the
  250  employee leasing company is providing services pursuant to s.
  251  468.525(4), the employee leasing company may engage in
  252  activities permitted by ss. 626.7315, 626.7845, and 626.8305,
  253  subject to the restrictions specified in those sections. If a
  254  prospective client requests more specific information concerning
  255  the insurance provided by the employee leasing company, the
  256  employee leasing company must refer the prospective business
  257  client to the insurer or its licensed agent or to a licensed and
  258  appointed agent employed by the employee leasing company.
  259         (2) No agent or customer representative shall solicit or
  260  otherwise transact as agent or customer representative, or
  261  represent or hold himself or herself out to be an agent or
  262  customer representative as to, any kind or kinds of insurance as
  263  to which he or she is not then licensed and appointed.
  264         (3) No person shall act as an adjuster as to any class of
  265  business for which he or she is not then licensed and appointed.
  266         (4) No person shall be, act as, or represent or hold
  267  himself or herself out to be a service representative unless he
  268  or she then holds a currently effective service representative
  269  license and appointment. This subsection does not apply as to
  270  similar representatives or employees of casualty insurers whose
  271  duties are restricted to health insurance.
  272         (5) No person shall be, act as, or represent or hold
  273  himself or herself out to be a managing general agent unless he
  274  or she then holds a currently effective managing general agent
  275  license and appointment.
  276         (6) No person shall be, act as, or represent or hold
  277  himself or herself out to be a property insurance appraisal
  278  umpire unless he or she holds a currently effective license and
  279  appointment as a property insurance appraisal umpire.
  280         (7) No person shall be, act as, or represent or hold
  281  himself or herself out to be a property insurance appraiser who
  282  is eligible to represent an insured on a personal residential or
  283  commercial residential property insurance claim unless he or she
  284  holds a currently effective license as an adjuster or is exempt
  285  from licensure under s. 626.860. Only a self-appointed insurance
  286  appraiser may serve as an adjuster.
  287         (8)(6) An individual employed by a life or health insurer
  288  as an officer or other salaried representative may solicit and
  289  effect contracts of life insurance or annuities or of health
  290  insurance, without being licensed as an agent, when and only
  291  when he or she is accompanied by and solicits for and on the
  292  behalf of a licensed and appointed agent.
  293         (9)(a)(7)(a) An individual, firm, partnership, corporation,
  294  association, or other entity shall not act in its own name or
  295  under a trade name, directly or indirectly, as an insurance
  296  agency unless it complies with s. 626.172 with respect to
  297  possessing an insurance agency license for each place of
  298  business at which it engages in an activity that may be
  299  performed only by a licensed insurance agent. However, an
  300  insurance agency that is owned and operated by a single licensed
  301  agent conducting business in his or her individual name and not
  302  employing or otherwise using the services of or appointing other
  303  licensees shall be exempt from the agency licensing requirements
  304  of this subsection.
  305         (b) A branch place of business that is established by a
  306  licensed agency is considered a branch agency and is not
  307  required to be licensed so long as it transacts business under
  308  the same name and federal tax identification number as the
  309  licensed agency and has designated with the department a
  310  licensed agent in charge of the branch location as required by
  311  s. 626.0428 and the address and telephone number of the branch
  312  location have been submitted to the department for inclusion in
  313  the licensing record of the licensed agency within 30 days after
  314  insurance transactions begin at the branch location.
  315         (c) If an agency is required to be licensed but fails to
  316  file an application for licensure in accordance with this
  317  section, the department shall impose on the agency an
  318  administrative penalty of up to $10,000.
  319         (d) Effective October 1, 2015, the department must
  320  automatically convert the registration of an approved registered
  321  insurance agency to an insurance agency license.
  322         (10)(8) No insurance agent, insurance agency, or other
  323  person licensed under the Insurance Code may pay any fee or
  324  other consideration to an unlicensed person other than an
  325  insurance agency for the referral of prospective purchasers to
  326  an insurance agent which is in any way dependent upon whether
  327  the referral results in the purchase of an insurance product.
  328         (11)(9) Any person who knowingly transacts insurance or
  329  otherwise engages in insurance activities in this state without
  330  a license in violation of this section commits a felony of the
  331  third degree, punishable as provided in s. 775.082, s. 775.083,
  332  or s. 775.084.
  333         Section 11. Subsections (1) and (4) of section 626.171,
  334  Florida Statutes, are amended to read:
  335         626.171 Application for license as an agent, customer
  336  representative, adjuster, umpire, service representative,
  337  managing general agent, or reinsurance intermediary.—
  338         (1) The department may not issue a license as agent,
  339  customer representative, adjuster, umpire, service
  340  representative, managing general agent, or reinsurance
  341  intermediary to any person except upon written application filed
  342  with the department, meeting the qualifications for the license
  343  applied for as determined by the department, and payment in
  344  advance of all applicable fees. The application must be made
  345  under the oath of the applicant and be signed by the applicant.
  346  An applicant may permit a third party to complete, submit, and
  347  sign an application on the applicant’s behalf, but is
  348  responsible for ensuring that the information on the application
  349  is true and correct and is accountable for any misstatements or
  350  misrepresentations. The department shall accept the uniform
  351  application for nonresident agent licensing. The department may
  352  adopt revised versions of the uniform application by rule.
  353         (4) An applicant for a license as an agent, customer
  354  representative, adjuster, umpire, service representative,
  355  managing general agent, or reinsurance intermediary must submit
  356  a set of the individual applicant’s fingerprints, or, if the
  357  applicant is not an individual, a set of the fingerprints of the
  358  sole proprietor, majority owner, partners, officers, and
  359  directors, to the department and must pay the fingerprint
  360  processing fee set forth in s. 624.501. Fingerprints shall be
  361  used to investigate the applicant’s qualifications pursuant to
  362  s. 626.201. The fingerprints shall be taken by a law enforcement
  363  agency, designated examination center, or other department
  364  approved entity. The department shall require all designated
  365  examination centers to have fingerprinting equipment and to take
  366  fingerprints from any applicant or prospective applicant who
  367  pays the applicable fee. The department may not approve an
  368  application for licensure as an agent, customer service
  369  representative, adjuster, umpire, service representative,
  370  managing general agent, or reinsurance intermediary if
  371  fingerprints have not been submitted.
  372         Section 12. Subsection (9) of section 626.207, Florida
  373  Statutes, is amended to read:
  374         626.207 Disqualification of applicants and licensees;
  375  penalties against licensees; rulemaking authority.—
  376         (9) Section 112.011 does not apply to any applicants for
  377  licensure under the Florida Insurance Code, including, but not
  378  limited to, agents, agencies, adjusters, adjusting firms,
  379  umpires, customer representatives, or managing general agents.
  380         Section 13. Subsections (1) and (2) of section 626.2815,
  381  Florida Statutes, are amended to read:
  382         626.2815 Continuing education requirements.—
  383         (1) The purpose of this section is to establish
  384  requirements and standards for continuing education courses for
  385  individuals licensed to solicit, sell, or adjust insurance or to
  386  serve as an umpire in the state.
  387         (2) Except as otherwise provided in this section, this
  388  section applies to individuals licensed to transact engage in
  389  the sale of insurance or adjust adjustment of insurance claims
  390  in this state for all lines of insurance for which an
  391  examination is required for licensing and to individuals
  392  licensed to serve as an umpire each insurer, employer, or
  393  appointing entity, including, but not limited to, those created
  394  or existing pursuant to s. 627.351. This section does not apply
  395  to an individual who holds a license for the sale of any line of
  396  insurance for which an examination is not required by the laws
  397  of this state or who holds a limited license as a crop or hail
  398  and multiple-peril crop insurance agent. Licensees who are
  399  unable to comply with the continuing education requirements due
  400  to active duty in the military may submit a written request for
  401  a waiver to the department.
  402         Section 14. Subsections (1), (3), (5), and (6) of section
  403  626.451, Florida Statutes, are amended to read:
  404         626.451 Appointment of agent or other representative.—
  405         (1) Each appointing entity or person designated by the
  406  department to administer the appointment process appointing an
  407  agent, adjuster, umpire, service representative, customer
  408  representative, or managing general agent in this state shall
  409  file the appointment with the department or office and, at the
  410  same time, pay the applicable appointment fee and taxes. Every
  411  appointment shall be subject to the prior issuance of the
  412  appropriate agent’s, adjuster’s, umpire’s, service
  413  representative’s, customer representative’s, or managing general
  414  agent’s license.
  415         (3) By authorizing the effectuation of the appointment of
  416  an agent, adjuster, umpire, service representative, customer
  417  representative, or managing general agent the appointing entity
  418  is thereby certifying to the department that it is willing to be
  419  bound by the acts of the agent, adjuster, umpire, service
  420  representative, customer representative, or managing general
  421  agent, within the scope of the licensee’s employment or
  422  appointment.
  423         (5) Any law enforcement agency or state attorney’s office
  424  that is aware that an agent, adjuster, umpire, service
  425  representative, customer representative, or managing general
  426  agent has pleaded guilty or nolo contendere to or has been found
  427  guilty of a felony shall notify the department or office of such
  428  fact.
  429         (6) Upon the filing of an information or indictment against
  430  an agent, adjuster, umpire, service representative, customer
  431  representative, or managing general agent, the state attorney
  432  shall immediately furnish the department or office a certified
  433  copy of the information or indictment.
  434         Section 15. Section 626.461, Florida Statutes, is amended
  435  to read:
  436         626.461 Continuation of appointment of agent or other
  437  representative.—Subject to renewal or continuation by the
  438  appointing entity, the appointment of the agent, adjuster,
  439  umpire, service representative, customer representative, or
  440  managing general agent shall continue in effect until the
  441  person’s license is revoked or otherwise terminated, unless
  442  written notice of earlier termination of the appointment is
  443  filed with the department or person designated by the department
  444  to administer the appointment process by either the appointing
  445  entity or the appointee.
  446         Section 16. Subsection (3) of section 626.521, Florida
  447  Statutes, is amended to read:
  448         626.521 Character, credit reports.—
  449         (3) As to an applicant for an adjuster’s, umpire’s, or
  450  reinsurance intermediary’s license who is to be self-employed,
  451  the department may secure, at the cost of the applicant, a full
  452  detailed credit and character report made by an established and
  453  reputable independent reporting service relative to the
  454  applicant.
  455         Section 17. Subsection (1) of section 626.541, Florida
  456  Statutes, is amended to read:
  457         626.541 Firm, corporate, and business names; officers;
  458  associates; notice of changes.—
  459         (1) Any licensed agent, or adjuster, or umpire doing
  460  business under a firm or corporate name or under any business
  461  name other than his or her own individual name shall, within 30
  462  days after initially transacting the initial transaction of
  463  insurance or engaging in insurance activities under such
  464  business name, file with the department, on forms adopted and
  465  furnished by the department, a written statement of the firm,
  466  corporate, or business name being so used, the address of any
  467  office or offices or places of business making use of such name,
  468  and the name and social security number of each officer and
  469  director of the corporation and of each individual associated in
  470  such firm or corporation as to the insurance transactions
  471  thereof or in the use of such business name.
  472         Section 18. Subsection (1) of section 626.601, Florida
  473  Statutes, is amended to read:
  474         626.601 Improper conduct; inquiry; fingerprinting.—
  475         (1) The department or office may, upon its own motion or
  476  upon a written complaint signed by any interested person and
  477  filed with the department or office, inquire into any alleged
  478  improper conduct of any licensed, approved, or certified
  479  licensee, insurance agency, agent, adjuster, umpire, service
  480  representative, managing general agent, customer representative,
  481  title insurance agent, title insurance agency, mediator, neutral
  482  evaluator, navigator, continuing education course provider,
  483  instructor, school official, or monitor group under this code.
  484  The department or office may thereafter initiate an
  485  investigation of any such individual or entity if it has
  486  reasonable cause to believe that the individual or entity has
  487  violated any provision of the insurance code. During the course
  488  of its investigation, the department or office shall contact the
  489  individual or entity being investigated unless it determines
  490  that contacting such individual or entity could jeopardize the
  491  successful completion of the investigation or cause injury to
  492  the public.
  493         Section 19. Subsection (1) of section 626.611, Florida
  494  Statutes, is amended to read:
  495         626.611 Grounds for compulsory refusal, suspension, or
  496  revocation of agent’s, title agency’s, adjuster’s, umpire’s,
  497  customer representative’s, service representative’s, or managing
  498  general agent’s license or appointment.—
  499         (1) The department shall deny an application for, suspend,
  500  revoke, or refuse to renew or continue the license or
  501  appointment of any applicant, agent, title agency, adjuster,
  502  umpire, customer representative, service representative, or
  503  managing general agent, and it shall suspend or revoke the
  504  eligibility to hold a license or appointment of any such person,
  505  if it finds that as to the applicant, licensee, or appointee any
  506  one or more of the following applicable grounds exist:
  507         (a) Lack of one or more of the qualifications for the
  508  license or appointment as specified in this code.
  509         (b) Material misstatement, misrepresentation, or fraud in
  510  obtaining the license or appointment or in attempting to obtain
  511  the license or appointment.
  512         (c) Failure to pass to the satisfaction of the department
  513  any examination required under this code.
  514         (d) If the license or appointment is willfully used, or to
  515  be used, to circumvent any of the requirements or prohibitions
  516  of this code.
  517         (e) Willful misrepresentation of any insurance policy or
  518  annuity contract or willful deception with regard to any such
  519  policy or contract, done either in person or by any form of
  520  dissemination of information or advertising.
  521         (f) If, as an adjuster, or agent licensed and appointed to
  522  adjust claims under this code, he or she has materially
  523  misrepresented to an insured or other interested party the terms
  524  and coverage of an insurance contract with intent and for the
  525  purpose of effecting settlement of claim for loss or damage or
  526  benefit under such contract on less favorable terms than those
  527  provided in and contemplated by the contract.
  528         (g) Demonstrated lack of fitness or trustworthiness to
  529  engage in the business of insurance.
  530         (h) Demonstrated lack of reasonably adequate knowledge and
  531  technical competence to engage in the transactions authorized by
  532  the license or appointment.
  533         (i) Fraudulent or dishonest practices in the conduct of
  534  business under the license or appointment.
  535         (j) Misappropriation, conversion, or unlawful withholding
  536  of moneys belonging to insurers or insureds or beneficiaries or
  537  to others and received in conduct of business under the license
  538  or appointment.
  539         (k) Unlawfully rebating, attempting to unlawfully rebate,
  540  or unlawfully dividing or offering to divide his or her
  541  commission with another.
  542         (l) Having obtained or attempted to obtain, or having used
  543  or using, a license or appointment as agent or customer
  544  representative for the purpose of soliciting or handling
  545  “controlled business” as defined in s. 626.730 with respect to
  546  general lines agents, s. 626.784 with respect to life agents,
  547  and s. 626.830 with respect to health agents.
  548         (m) Willful failure to comply with, or willful violation
  549  of, any proper order or rule of the department or willful
  550  violation of any provision of this code.
  551         (n) Having been found guilty of or having pleaded guilty or
  552  nolo contendere to a felony or a crime punishable by
  553  imprisonment of 1 year or more under the law of the United
  554  States of America or of any state thereof or under the law of
  555  any other country which involves moral turpitude, without regard
  556  to whether a judgment of conviction has been entered by the
  557  court having jurisdiction of such cases.
  558         (o) Fraudulent or dishonest practice in submitting or
  559  aiding or abetting any person in the submission of an
  560  application for workers’ compensation coverage under chapter 440
  561  containing false or misleading information as to employee
  562  payroll or classification for the purpose of avoiding or
  563  reducing the amount of premium due for such coverage.
  564         (p) Sale of an unregistered security that was required to
  565  be registered, pursuant to chapter 517.
  566         (q) In transactions related to viatical settlement
  567  contracts as defined in s. 626.9911:
  568         1. Commission of a fraudulent or dishonest act.
  569         2. No longer meeting the requirements for initial
  570  licensure.
  571         3. Having received a fee, commission, or other valuable
  572  consideration for his or her services with respect to viatical
  573  settlements that involved unlicensed viatical settlement
  574  providers or persons who offered or attempted to negotiate on
  575  behalf of another person a viatical settlement contract as
  576  defined in s. 626.9911 and who were not licensed life agents.
  577         4. Dealing in bad faith with viators.
  578         Section 20. Section 626.621, Florida Statutes, is amended
  579  to read:
  580         626.621 Grounds for discretionary refusal, suspension, or
  581  revocation of agent’s, adjuster’s, umpire’s, customer
  582  representative’s, service representative’s, or managing general
  583  agent’s license or appointment.—The department may, in its
  584  discretion, deny an application for, suspend, revoke, or refuse
  585  to renew or continue the license or appointment of any
  586  applicant, agent, adjuster, umpire, customer representative,
  587  service representative, or managing general agent, and it may
  588  suspend or revoke the eligibility to hold a license or
  589  appointment of any such person, if it finds that as to the
  590  applicant, licensee, or appointee any one or more of the
  591  following applicable grounds exist under circumstances for which
  592  such denial, suspension, revocation, or refusal is not mandatory
  593  under s. 626.611:
  594         (1) Any cause for which issuance of the license or
  595  appointment could have been refused had it then existed and been
  596  known to the department.
  597         (2) Violation of any provision of this code or of any other
  598  law applicable to the business of insurance in the course of
  599  dealing under the license or appointment.
  600         (3) Violation of any lawful order or rule of the
  601  department, commission, or office.
  602         (4) Failure or refusal, upon demand, to pay over to any
  603  insurer he or she represents or has represented any money coming
  604  into his or her hands belonging to the insurer.
  605         (5) Violation of the provision against twisting, as defined
  606  in s. 626.9541(1)(l).
  607         (6) In the conduct of business under the license or
  608  appointment, engaging in unfair methods of competition or in
  609  unfair or deceptive acts or practices, as prohibited under part
  610  IX of this chapter, or having otherwise shown himself or herself
  611  to be a source of injury or loss to the public.
  612         (7) Willful overinsurance of any property or health
  613  insurance risk.
  614         (8) Having been found guilty of or having pleaded guilty or
  615  nolo contendere to a felony or a crime punishable by
  616  imprisonment of 1 year or more under the law of the United
  617  States of America or of any state thereof or under the law of
  618  any other country, without regard to whether a judgment of
  619  conviction has been entered by the court having jurisdiction of
  620  such cases.
  621         (9) If a life agent, violation of the code of ethics.
  622         (10) Cheating on an examination required for licensure or
  623  violating test center or examination procedures published
  624  orally, in writing, or electronically at the test site by
  625  authorized representatives of the examination program
  626  administrator. Communication of test center and examination
  627  procedures must be clearly established and documented.
  628         (11) Failure to inform the department in writing within 30
  629  days after pleading guilty or nolo contendere to, or being
  630  convicted or found guilty of, any felony or a crime punishable
  631  by imprisonment of 1 year or more under the law of the United
  632  States or of any state thereof, or under the law of any other
  633  country without regard to whether a judgment of conviction has
  634  been entered by the court having jurisdiction of the case.
  635         (12) Knowingly aiding, assisting, procuring, advising, or
  636  abetting any person in the violation of or to violate a
  637  provision of the insurance code or any order or rule of the
  638  department, commission, or office.
  639         (13) Has been the subject of or has had a license, permit,
  640  appointment, registration, or other authority to conduct
  641  business subject to any decision, finding, injunction,
  642  suspension, prohibition, revocation, denial, judgment, final
  643  agency action, or administrative order by any court of competent
  644  jurisdiction, administrative law proceeding, state agency,
  645  federal agency, national securities, commodities, or option
  646  exchange, or national securities, commodities, or option
  647  association involving a violation of any federal or state
  648  securities or commodities law or any rule or regulation adopted
  649  thereunder, or a violation of any rule or regulation of any
  650  national securities, commodities, or options exchange or
  651  national securities, commodities, or options association.
  652         (14) Failure to comply with any civil, criminal, or
  653  administrative action taken by the child support enforcement
  654  program under Title IV-D of the Social Security Act, 42 U.S.C.
  655  ss. 651 et seq., to determine paternity or to establish, modify,
  656  enforce, or collect support.
  657         (15) Directly or indirectly accepting any compensation,
  658  inducement, or reward from an inspector for the referral of the
  659  owner of the inspected property to the inspector or inspection
  660  company. This prohibition applies to an inspection intended for
  661  submission to an insurer in order to obtain property insurance
  662  coverage or establish the applicable property insurance premium.
  663         Section 21. Subsection (4) of section 626.641, Florida
  664  Statutes, is amended to read:
  665         626.641 Duration of suspension or revocation.—
  666         (4) During the period of suspension or revocation of a
  667  license or appointment, and until the license is reinstated or,
  668  if revoked, a new license issued, the former licensee or
  669  appointee may not engage in or attempt or profess to engage in
  670  any transaction or business for which a license or appointment
  671  is required under this code or directly or indirectly own,
  672  control, or be employed in any manner by an agent, agency,
  673  adjuster, or adjusting firm, or umpire.
  674         Section 22. Subsection (2) of section 626.7845, Florida
  675  Statutes, is amended to read:
  676         626.7845 Prohibition against unlicensed transaction of life
  677  insurance.—
  678         (2) Except as provided in s. 626.112(8) 626.112(6), with
  679  respect to any line of authority specified in s. 626.015(10), no
  680  individual shall, unless licensed as a life agent:
  681         (a) Solicit insurance or annuities or procure applications;
  682         (b) In this state, engage or hold himself or herself out as
  683  engaging in the business of analyzing or abstracting insurance
  684  policies or of counseling or advising or giving opinions to
  685  persons relative to insurance or insurance contracts other than:
  686         1. As a consulting actuary advising an insurer; or
  687         2. As to the counseling and advising of labor unions,
  688  associations, trustees, employers, or other business entities,
  689  the subsidiaries and affiliates of each, relative to their
  690  interests and those of their members or employees under
  691  insurance benefit plans; or
  692         (c) In this state, from this state, or with a resident of
  693  this state, offer or attempt to negotiate on behalf of another
  694  person a viatical settlement contract as defined in s. 626.9911.
  695         Section 23. Section 626.8305, Florida Statutes, is amended
  696  to read:
  697         626.8305 Prohibition against the unlicensed transaction of
  698  health insurance.—Except as provided in s. 626.112(8)
  699  626.112(6), with respect to any line of authority specified in
  700  s. 626.015(6), no individual shall, unless licensed as a health
  701  agent:
  702         (1) Solicit insurance or procure applications; or
  703         (2) In this state, engage or hold himself or herself out as
  704  engaging in the business of analyzing or abstracting insurance
  705  policies or of counseling or advising or giving opinions to
  706  persons relative to insurance contracts other than:
  707         (a) As a consulting actuary advising insurers; or
  708         (b) As to the counseling and advising of labor unions,
  709  associations, trustees, employers, or other business entities,
  710  the subsidiaries and affiliates of each, relative to their
  711  interests and those of their members or employees under
  712  insurance benefit plans.
  713         Section 24. Paragraph (a) of subsection (2) of section
  714  626.8411, Florida Statutes, is amended to read:
  715         626.8411 Application of Florida Insurance Code provisions
  716  to title insurance agents or agencies.—
  717         (2) The following provisions of part I do not apply to
  718  title insurance agents or title insurance agencies:
  719         (a) Section 626.112(9) 626.112(7), relating to licensing of
  720  insurance agencies.
  721         Section 25. Subsection (4) of section 626.8443, Florida
  722  Statutes, is amended to read:
  723         626.8443 Duration of suspension or revocation.—
  724         (4) During the period of suspension or after revocation of
  725  the license and appointment, the former licensee shall not
  726  engage in or attempt to profess to engage in any transaction or
  727  business for which a license or appointment is required under
  728  this code or directly or indirectly own, control, or be employed
  729  in any manner by any insurance agent or agency, or adjuster, or
  730  adjusting firm, or umpire.
  731         Section 26. Paragraph (d) is added to subsection (11) of
  732  section 626.854, Florida Statutes, to read:
  733         626.854 “Public adjuster” defined; prohibitions.—The
  734  Legislature finds that it is necessary for the protection of the
  735  public to regulate public insurance adjusters and to prevent the
  736  unauthorized practice of law.
  737         (11)
  738         (d) If a public adjuster enters into a contract with an
  739  insured or a claimant to perform an appraisal, as defined in s.
  740  626.9964, the public adjuster may not charge, agree to, or
  741  accept from any source compensation, payment, commission, fee,
  742  or any other thing of value in excess of the limitations set
  743  forth in paragraph (b) for the appraisal services or, if also
  744  serving as adjuster on the claim, a combination of adjuster and
  745  appraisal services.
  746         Section 27. Section 626.8791, Florida Statutes, is created
  747  to read:
  748         626.8791 Contracts for appraisal services; required
  749  notice.—A contract between an adjuster and an insured or
  750  claimant to perform an appraisal must contain the following
  751  language in at least 14-point boldfaced, uppercase type: “THERE
  752  IS NO LEGAL REQUIREMENT THAT AN APPRAISER CHARGE A CLIENT A SET
  753  FEE OR A PERCENTAGE OF MONEY RECOVERED IN A CASE. YOU, THE
  754  CLIENT, HAVE THE RIGHT TO TALK WITH YOUR APPRAISER ABOUT THE
  755  PROPOSED FEE AND TO BARGAIN ABOUT THE RATE OR PERCENTAGE AS IN
  756  ANY OTHER CONTRACT. IF YOU DO NOT REACH AN AGREEMENT WITH ONE
  757  APPRAISER, YOU MAY TALK WITH OTHER APPRAISERS.”
  758         Section 28. Subsection (1) of section 626.9957, Florida
  759  Statutes, is amended to read:
  760         626.9957 Conduct prohibited; denial, revocation, or
  761  suspension of registration.—
  762         (1) As provided in s. 626.112, only a person licensed as an
  763  insurance agent or customer representative may engage in the
  764  solicitation of insurance. A person who engages in the
  765  solicitation of insurance as described in s. 626.112(1) without
  766  such license is subject to the penalties provided under s.
  767  626.112(11) 626.112(9).
  768         Section 29. Part XIV of chapter 626, Florida Statutes,
  769  consisting of sections 626.9961 through 626.9968, is created to
  770  read:
  771                              PART XIV                             
  772                PROPERTY INSURANCE APPRAISAL UMPIRES               
  773         626.9961 Short title.—This part may be referred to as the
  774  “Property Insurance Appraisal Umpire Law.”
  775         626.9962 Legislative findings.—The Legislature finds it
  776  necessary to regulate persons that hold themselves out to the
  777  public as qualified to provide services as property insurance
  778  appraisal umpires in order to protect the public safety and
  779  welfare and to avoid economic injury to the residents of this
  780  state. This part applies only to property insurance appraisal
  781  umpires as defined in this part.
  782         626.9963 Part supplements licensing law.—This part is
  783  supplementary to part I, the “Licensing Procedures Law.”
  784         626.9964 Definitions.—As used in this part, the term:
  785         (1) “Appraisal” means, for purposes of licensure under this
  786  part only, a process of alternative dispute resolution used in a
  787  personal residential or commercial residential property
  788  insurance claim.
  789         (2) “Competent” means sufficiently qualified and capable of
  790  performing an appraisal.
  791         (3) “Department” means the Department of Financial
  792  Services.
  793         (4) “Property insurance appraisal umpire” or “umpire” means
  794  a person selected by the appraisers representing the insurer and
  795  the insured, or, if the appraisers cannot agree, by the court,
  796  who is charged with resolving issues that the appraisers are
  797  unable to agree upon during the course of an appraisal.
  798         (5) “Property insurance appraiser” or “appraiser” means the
  799  person selected by an insurer or insured to perform an
  800  appraisal.
  801         626.9965 Qualification for license as a property insurance
  802  appraisal umpire.—
  803         (1) The department shall issue a license as an umpire to a
  804  person who meets the requirements of subsection (2) and is one
  805  of the following:
  806         (a) A retired county, circuit, or appellate judge.
  807         (b) Licensed as an engineer pursuant to chapter 471 or is a
  808  retired professional engineer as defined in s. 471.005.
  809         (c) Licensed as a general contractor, building contractor,
  810  or residential contractor pursuant to part I of chapter 489.
  811         (d) Licensed or registered as an architect to engage in the
  812  practice of architecture pursuant to part I of chapter 481.
  813         (e) A member of The Florida Bar.
  814         (f) Licensed as an adjuster pursuant to part VI of chapter
  815  626, which license includes the property and casualty lines of
  816  insurance. An adjuster must have been licensed for at least 5
  817  years as an adjuster before he or she may be licensed as an
  818  umpire.
  819         (2) An applicant may be licensed to practice in this state
  820  as an umpire if the applicant:
  821         (a) Is a natural person at least 18 years of age;
  822         (b) Is a United Stated citizen or legal alien who possesses
  823  work authorization from the United States Bureau of Citizenship
  824  and Immigration;
  825         (c) Is of good moral character;
  826         (d) Has paid the applicable fees specified in s. 624.501;
  827  and
  828         (e) Has, before the date of the application for licensure,
  829  satisfactorily completed education courses approved by the
  830  department covering:
  831         1.At least 19 hours of insurance claims estimating; and
  832         2. At least 5 hours of insurance law, ethics for insurance
  833  professionals, disciplinary trends, and case studies.
  834         (3) The department may not reject an application solely
  835  because the applicant is or is not a member of a given appraisal
  836  organization.
  837         626.9966 Grounds for refusal, suspension, or revocation of
  838  an umpire license or appointment.—The department may deny an
  839  application for license or appointment under this part; suspend,
  840  revoke, or refuse to renew or continue a license or appointment
  841  of an umpire; or suspend or revoke eligibility for licensure or
  842  appointment as an umpire if the department finds that one or
  843  more of the following applicable grounds exist:
  844         (1) Violating a duty imposed upon him or her by law or by
  845  the terms of the umpire agreement; aiding, assisting, or
  846  conspiring with any other person engaged in any such misconduct
  847  and in furtherance thereof; or forming the intent, design, or
  848  scheme to engage in such misconduct and committing an overt act
  849  in furtherance of such intent, design, or scheme. An umpire
  850  commits a violation of this part regardless of whether the
  851  victim or intended victim of the misconduct has sustained any
  852  damage or loss; the damage or loss has been settled and paid
  853  after the discovery of misconduct; or the victim or intended
  854  victim is an insurer or customer or a person in a confidential
  855  relationship with the umpire or is an identified member of the
  856  general public.
  857         (2) Having a registration, license, or certification to
  858  practice or conduct any regulated profession, business, or
  859  vocation revoked, suspended, or encumbered; or having an
  860  application for such registration, licensure, or certification
  861  to practice or conduct any regulated profession, business, or
  862  vocation denied, by this or any other state, any nation, or any
  863  possession or district of the United States.
  864         (3) Making or filing a report or record, written or oral,
  865  which the umpire knows to be false; willfully failing to file a
  866  report or record required by state or federal law; willfully
  867  impeding or obstructing such filing; or inducing another person
  868  to impede or obstruct such filing.
  869         (4) Agreeing to serve as an umpire if service is contingent
  870  upon the umpire reporting a predetermined amount, analysis, or
  871  opinion.
  872         (5) Agreeing to serve as an umpire, if the fee to be paid
  873  for his or her services is contingent upon the opinion,
  874  conclusion, or valuation he or she reaches.
  875         (6) Failure of an umpire, without good cause, to
  876  communicate within 10 business days after a request for
  877  communication from an appraiser.
  878         (7) Violation of any ethical standard for umpires specified
  879  in s. 626.9967.
  880         626.9967 Ethical standards for property insurance appraisal
  881  umpires.—
  882         (1) FEES AND EXPENSES.—
  883         (a) The fees charged by an umpire must be reasonable and
  884  consistent with the nature of the case.
  885         (b) In determining fees, an umpire:
  886         1. Must charge on an hourly basis and may bill only for
  887  actual time spent on or allocated for the appraisal.
  888         2. May not charge, agree to, or accept as compensation or
  889  reimbursement any payment, commission, or fee that is based on a
  890  percentage of the value of the claim or that is contingent upon
  891  a specified outcome.
  892         3. May charge for costs actually incurred, and no other
  893  costs.
  894         (c) An appraiser may assign the duty of paying the umpire’s
  895  fee to, and the umpire is entitled to receive payment directly
  896  from, the insurer and the insured only if the insurer and the
  897  insured acknowledge and accept that duty and agree in writing to
  898  be responsible for payment.
  899         (2) MAINTENANCE OF RECORDS.—An umpire shall maintain
  900  records necessary to support charges for services and expenses,
  901  and, upon request, shall provide an accounting of all applicable
  902  charges to the insurer and insured. An umpire shall retain
  903  original or true copies of any contracts engaging his or her
  904  services, appraisal reports, and supporting data assembled and
  905  formulated by the umpire in preparing appraisal reports for at
  906  least 5 years. The umpire shall make the records available to
  907  the department for inspection and copying within 7 business days
  908  after a request. If an appraisal has been the subject of, or has
  909  been admitted as evidence in, a lawsuit, reports and records
  910  related to the appraisal must be retained for at least 2 years
  911  after the date that the trial ends.
  912         (3) ADVERTISING.—An umpire may not engage in marketing
  913  practices that contain false or misleading information. An
  914  umpire shall ensure that any advertisement of his or her
  915  qualifications, services to be rendered, or the appraisal
  916  process are accurate and honest. An umpire may not make claims
  917  of achieving specific outcomes or promises implying favoritism
  918  for the purpose of obtaining business.
  919         (4) INTEGRITY AND IMPARTIALITY.—
  920         (a)1. An umpire may not accept an appraisal unless he or
  921  she can serve competently, promptly commence the appraisal and,
  922  thereafter, devote the time and attention to its completion in
  923  the manner expected by all persons involved in the appraisal.
  924         2. An umpire shall conduct the appraisal process in a
  925  manner that advances the fair and efficient resolution of issues
  926  that arise.
  927         3. An umpire shall deliberate and decide all issues within
  928  the scope of the appraisal, but may not render a decision on any
  929  other issues. An umpire shall decide all matters justly,
  930  exercising independent judgment. An umpire may not delegate his
  931  or her duties to any other person. An umpire who considers the
  932  opinion of an expert does not violate this paragraph. However,
  933  the umpire must disclose the expert’s fees before retaining the
  934  expert.
  935         (b) An umpire may not engage in any business, provide any
  936  service, or perform any act that would compromise his or her
  937  integrity or impartiality.
  938         (5) SKILL AND EXPERIENCE.—An umpire shall decline or
  939  withdraw from an appraisal or request appropriate assistance
  940  when the facts and circumstances of the appraisal prove to be
  941  beyond his or her skill or experience.
  942         (6) GIFTS AND SOLICITATION.—An umpire or any individual or
  943  entity acting on behalf of an umpire may not solicit, accept,
  944  give, or offer to give, directly or indirectly, any gift, favor,
  945  loan, or other item of value in excess of $25 to any individual
  946  who participates in the appraisal, for the purpose of
  947  solicitation or otherwise attempting to procure future work from
  948  any person who participates in the appraisal, or as an
  949  inducement to entering into an appraisal with an umpire. This
  950  subsection does not prevent an umpire from accepting other
  951  appraisals where the appraisers agree upon the umpire or the
  952  court appoints the umpire.
  953         (7) EX PARTE COMMUNICATION.—In any property insurance
  954  appraisal, ex parte communication between an umpire and an
  955  appraiser is prohibited. However, an appraiser may communicate
  956  with another appraiser, if an umpire is not present or does not
  957  receive the ex parte communication.
  958         626.9968 Conflicts of interest.—An insurer or a
  959  policyholder may challenge an umpire’s impartiality and
  960  disqualify the proposed umpire only if:
  961         (1) A familial relationship within the third degree exists
  962  between the umpire and a party or a representative of a party;
  963         (2) The umpire has previously represented a party in a
  964  professional capacity in the same claim or matter involving the
  965  same property;
  966         (3) The umpire has represented another person in a
  967  professional capacity in the same or a substantially related
  968  matter that includes the claim, the same property or an adjacent
  969  property, and the other person’s interests are materially
  970  adverse to the interests of a party;
  971         (4) The umpire has worked as an employer or employee of a
  972  party within the preceding 5 years; or
  973         (5) The umpire has violated s. 626.9966.
  974         Section 30. Section 627.70151, Florida Statutes, is
  975  repealed.
  976         Section 31. For the 2016-2017 fiscal year, the sums of
  977  $24,000 in recurring funds from the Insurance Regulatory Trust
  978  Fund and $73,107 in recurring funds and $39,230 in nonrecurring
  979  funds from the Administrative Trust Fund are appropriated to the
  980  Department of Financial Services, and one full-time equivalent
  981  position with associated salary rate of 47,291 is authorized,
  982  for the purpose of implementing this act.
  983         Section 32. This act applies to all appraisals requested on
  984  or after October 1, 2016.
  985         Section 33. This act shall take effect October 1, 2016.
  986  
  987  ================= T I T L E  A M E N D M E N T ================
  988  And the title is amended as follows:
  989         Delete everything before the enacting clause
  990  and insert:
  991                        A bill to be entitled                      
  992         An act relating to property insurance appraisers and
  993         property insurance appraisal umpires; amending s.
  994         624.04, F.S.; revising the definition of the term
  995         “person”; amending s. 624.303, F.S.; exempting
  996         certificates issued to property insurance appraisal
  997         umpires from the requirement to bear a seal of the
  998         Department of Financial Services; amending s. 624.311,
  999         F.S.; providing a schedule for destruction of property
 1000         insurance appraisal umpire licensing files and
 1001         records; amending s. 624.317, F.S.; authorizing the
 1002         department to investigate property insurance appraisal
 1003         umpires for violations of the insurance code; amending
 1004         s. 624.501, F.S.; authorizing specified licensing fees
 1005         for property insurance appraisal umpires; amending s.
 1006         624.523, F.S.; requiring fees associated with property
 1007         insurance appraisal umpires’ appointments to be
 1008         deposited into the Insurance Regulatory Trust Fund;
 1009         amending s. 626.015, F.S.; providing a definition;
 1010         amending s. 626.016, F.S.; revising the scope of the
 1011         Chief Financial Officer’s powers and duties and the
 1012         department’s enforcement jurisdiction to include
 1013         umpires; amending s. 626.022, F.S.; including property
 1014         insurance appraisal umpire licensing in the scope of
 1015         part I of chapter 626, F.S., relating to licensing
 1016         procedures; amending s. 626.112, F.S.; requiring
 1017         umpires to be licensed and appointed; requiring
 1018         licensure as an adjuster when serving as an appraiser
 1019         under certain conditions; providing that only a self
 1020         appointed insurance appraiser may serve as an
 1021         adjuster; amending s. 626.171, F.S.; requiring
 1022         applicants for licensure as an umpire to submit
 1023         fingerprints to the department; amending s. 626.207,
 1024         F.S.; excluding applicants for licensure as umpires
 1025         from application of s. 112.011, F.S., relating to
 1026         disqualification from license or public employment;
 1027         amending s. 626.2815, F.S.; requiring specified
 1028         continuing education for licensure as an umpire;
 1029         amending s. 626.451, F.S.; providing requirements
 1030         relating to the appointment of an umpire; amending s.
 1031         626.461, F.S.; providing that an umpire appointment
 1032         continues in effect, subject to renewal or earlier
 1033         written notice of termination, until the person’s
 1034         license is revoked or otherwise terminated; amending
 1035         s. 626.521, F.S.; authorizing the department to obtain
 1036         a credit and character report for certain umpire
 1037         applicants; amending s. 626.541, F.S.; requiring an
 1038         umpire to provide certain information to the
 1039         department when doing business under a different
 1040         business name or when information in the licensure
 1041         application changes; amending s. 626.601, F.S.;
 1042         authorizing the department or office to investigate
 1043         improper conduct of any licensed umpire; amending s.
 1044         626.611, F.S.; requiring the department to refuse,
 1045         suspend, or revoke an umpire’s license under certain
 1046         circumstances; amending s. 626.621, F.S.; authorizing
 1047         the department to refuse, suspend, or revoke an
 1048         umpire’s license under certain circumstances; amending
 1049         s. 626.641, F.S.; prohibiting an umpire from owning,
 1050         controlling, or being employed by other licensees
 1051         during the period the umpire’s license is suspended or
 1052         revoked; amending ss. 626.7845, 626.8305, and
 1053         626.8411, F.S.; conforming provisions to changes made
 1054         by the act; amending s. 626.8443, F.S.; prohibiting a
 1055         title insurance agent from owning, controlling, or
 1056         being employed by an umpire during the period the
 1057         agent’s license is suspended or revoked; amending s.
 1058         626.854, F.S.; providing limitations on fees charged
 1059         by a public adjuster during an appraisal; creating s.
 1060         626.8791, F.S.; establishing required notice in a
 1061         contract for appraisal services; amending s. 626.9957,
 1062         F.S.; conforming a cross-reference; creating part XIV
 1063         of chapter 626, F.S., relating to property insurance
 1064         appraisal umpires; creating s. 626.9961, F.S.;
 1065         providing a short title; creating s. 626.9962, F.S.;
 1066         providing legislative purpose; creating s. 626.9963,
 1067         F.S.; providing that the part supplements part I of
 1068         chapter 626, F.S., the “Licensing Procedure Law”;
 1069         creating s. 626.9964, F.S.; providing definitions;
 1070         creating s. 626.9965, F.S.; providing qualifications
 1071         for license as an umpire; creating s. 626.9966, F.S.;
 1072         authorizing the department to refuse, suspend, or
 1073         revoke an umpire’s license under certain
 1074         circumstances; creating s. 626.9967, F.S.; providing
 1075         ethical standards for property insurance appraisal
 1076         umpires; creating s. 626.9968, F.S.; providing for
 1077         disqualification of an umpire under certain
 1078         circumstances; repealing s. 627.70151, F.S., relating
 1079         to appraisal conflicts of interest; providing an
 1080         appropriation and authorizing positions; providing
 1081         applicability; providing an effective date.