Florida Senate - 2016 SB 336
By Senator Richter
23-00345-16 2016336__
1 A bill to be entitled
2 An act relating to property insurance appraisals;
3 creating part XIV of ch. 626, F.S., relating to
4 property insurance appraisers and property insurance
5 appraisal umpires; creating s. 626.9961, F.S.;
6 creating the property insurance appraiser and property
7 insurance appraisal umpire licensing program within
8 the Department of Financial Services; providing
9 legislative purpose; providing applicability; creating
10 s. 626.9962, F.S.; defining terms; creating s.
11 626.9963, F.S.; authorizing the department to
12 establish specified fees; requiring the deposit of
13 fees into the Insurance Regulatory Trust Fund;
14 creating s. 626.9964, F.S.; authorizing the department
15 to issue a license as a property insurance appraiser
16 or a property insurance appraisal umpire upon receipt
17 of an application; requiring applications to be made
18 under oath or affirmation and signed by the applicant;
19 requiring applicants to include specified information
20 in their applications; requiring that applications be
21 submitted with applicable fees; requiring applicants
22 to submit fingerprints to the department; providing
23 for state and national processing of fingerprints;
24 requiring an applicant to pay specified fingerprint
25 processing fees; requiring the department to develop
26 and maintain as a public record a current list of
27 appraisers and umpires; authorizing applicants to
28 practice in this state if they meet specified
29 requirements; requiring the department to review and
30 approve continuing education courses for appraisers
31 and umpires; prohibiting the department from issuing
32 an appraiser or umpire license to an individual found
33 to be untrustworthy or incompetent or who fails to
34 meet other specified requirements; providing that an
35 incomplete application expires after a specified
36 period; prohibiting the department from rejecting an
37 applicant based solely upon membership or lack of
38 membership in any particular appraisal organization;
39 creating s. 626.9965, F.S.; authorizing the department
40 to issue a license by endorsement to an applicant who
41 the department certifies is qualified unless the
42 applicant is under investigation in another state for
43 specified acts until the investigation is complete and
44 disciplinary proceedings have been terminated;
45 creating s. 626.9966, F.S.; requiring licensed
46 appraisers and umpires to appoint their respective
47 licenses with the department; requiring appraisers and
48 umpires to complete their appointments before
49 undertaking the duties of an appraiser or umpire;
50 providing that an individual who has been licensed by
51 the department may be subsequently appointed without
52 additional written examination if his or her
53 application for appointment is filed with the
54 department within a specified period; providing that
55 an appointment continues in force until canceled,
56 suspended, revoked, or terminated; providing for
57 expiration of a license after a specified period;
58 creating s. 626.9967, F.S.; requiring an appraiser or
59 umpire to submit to the department satisfactory proof
60 that specified continuing education requirements have
61 been met; authorizing the department to immediately
62 terminate or refuse to renew the appointment of an
63 appraiser or umpire if the department does not receive
64 such proof; requiring the department to establish by
65 rule criteria and course content for appraisal
66 courses; requiring each appraiser or umpire course
67 provider, instructor, and classroom course to be
68 approved by and registered with the department before
69 continuing education courses may be offered; requiring
70 the department to adopt rules establishing standards
71 for the approval, registration, discipline, or removal
72 from registration of course providers, instructor, and
73 courses; prohibiting an approved instructor from
74 teaching specified courses; creating s. 626.9968,
75 F.S.; authorizing the practice of or the offer to
76 practice as an appraiser or umpire by licensees
77 through specified entities; requiring specified
78 entities that hold themselves out as offering property
79 insurance appraisal services to be registered with the
80 department; providing that specified entities are not
81 relieved of responsibility for the conduct or acts of
82 their agents, employees, or officers; providing that
83 an individual practicing as an appraiser or umpire is
84 not relieved of responsibility for professional
85 services performed as a result of employment with
86 specified entities; creating s. 626.9969, F.S.;
87 requiring the department to deny an application for,
88 suspend, revoke, or refuse to renew or continue the
89 license or appointment of any applicant, property
90 insurance appraiser, or property insurance appraisal
91 umpire and suspend or revoke the eligibility to hold a
92 license or appointment of any such person in certain
93 circumstances; creating s. 626.9971, F.S.; authorizing
94 the department to deny an application for and suspend,
95 revoke, or refuse to renew or continue a license as an
96 appraiser or umpire in certain circumstances; creating
97 s. 626.9972, F.S.; requiring appraisers and umpires to
98 maintain confidentiality of all information obtained
99 during an appraisal; requiring appraisers and umpires
100 to maintain confidentiality in the storage and
101 disposal of records; prohibiting appraisers and
102 umpires from disclosing identifying information in
103 certain circumstances; requiring that the fees charged
104 by an appraiser or an umpire are reasonable and
105 consistent with the nature of the case; prohibiting an
106 umpire from charging, agreeing to, or accepting as
107 compensation or reimbursement any payment, commission,
108 or fee that is based on a percentage of the appraised
109 value or that is contingent on a specified outcome;
110 requiring appraisers and umpires to maintain specified
111 records and provide an accounting of applicable
112 charges upon request; prohibiting appraisers and
113 umpires from engaging in marketing practices that
114 convey false or misleading information; prohibiting
115 appraisers from accepting an appointment in certain
116 circumstances; requiring appraisers to conduct the
117 appraisal process in a specified manner; prohibiting
118 umpires from engaging in any business, providing any
119 service, or performing any act under certain
120 circumstances; requiring appraisers and umpires to
121 decline an appointment or selection, withdraw, or
122 request appropriate assistance in certain
123 circumstances; prohibiting appraisers and umpires from
124 giving or accepting any gift, favor, loan, or other
125 item of value in the appraisal process; prohibiting
126 appraisers and umpires from soliciting or otherwise
127 attempting to procure future professional services
128 during the appraisal process; requiring appraisers to
129 abide by any agreement they reach on the manner or
130 content of communications between them; prohibiting
131 appraisers from discussing a proceeding with any party
132 or with the umpire except in specified circumstances;
133 providing exceptions; prohibiting communications in
134 which a party dictates to an appraiser a specified
135 result, consideration, or action; creating s.
136 626.9973, F.S.; prohibiting certain acts regarding
137 appraisers or umpires; providing penalties; creating
138 s. 626.9974, F.S.; authorizing the department to adopt
139 rules to administer this part; providing an
140 appropriation; providing effective dates.
141
142 Be It Enacted by the Legislature of the State of Florida:
143
144 Section 1. Part XIV of chapter 626, Florida Statutes,
145 consisting of sections 626.9961 through 626.9974, is created to
146 read:
147 PART XIV
148 PROPERTY INSURANCE APPRAISERS AND PROPERTY INSURANCE APPRAISAL
149 UMPIRES
150
151 626.9961 Property insurance appraiser and property
152 insurance appraisal umpire licensing program; legislative
153 purpose; scope of part.—
154 (1) The property insurance appraiser and property insurance
155 appraisal umpire licensing program is created within the
156 Department of Financial Services.
157 (2) The Legislature finds it necessary to regulate persons
158 and companies that hold themselves out to the public as
159 qualified to provide services as appraisers and umpires to
160 protect the public safety and welfare, to prevent damage to real
161 and personal property, and to avoid economic injury to the
162 residents of this state.
163 (3) This part applies to residential, commercial
164 residential, and commercial property insurance contracts and to
165 the appraisers and umpires who participate in the appraisal
166 process.
167 626.9962 Definitions.—As used in this part, the term:
168 (1) “Appraisal” means the process of dispute resolution, as
169 defined in the property insurance contract, which determines the
170 amount of loss when the insurer and insured are unable to agree
171 on the amount of the loss, or, if the insurer has elected to
172 repair the property and the insurer and the insured are unable
173 to agree on the scope of repairs, the scope of repairs.
174 Appraisal occurs after coverage is established.
175 (2) “Competent” means sufficiently qualified and capable of
176 performing an appraisal.
177 (3) “Department” means the Department of Financial
178 Services.
179 (4) “Independent” means a person who is not subject to any
180 control, restriction, modification, or limitation by an
181 appointing party.
182 (a) An appraiser may not represent himself or herself as an
183 independent appraiser if he or she accepts an appointment that
184 is contingent upon reporting a predetermined result, analysis,
185 or opinion, or if the fee to be paid for the services of the
186 appraiser in connection with an appointment is contingent upon a
187 predetermined opinion, conclusion, or valuation.
188 (b) An umpire may not represent himself or herself as an
189 independent umpire unless he or she conducts his or her
190 investigation, evaluation, and estimation without instruction
191 from an appointing party. An umpire is not independent if he or
192 she accepts an appointment that is contingent upon reporting a
193 predetermined result, analysis, or opinion or if the fee to be
194 paid for the services of the umpire in connection with an
195 appointment is contingent upon a predetermined opinion,
196 conclusion, or valuation.
197 (5) “Property insurance appraisal umpire” or “umpire” means
198 a third party selected by appraisers representing the insurer
199 and the insured who is charged with resolving issues that the
200 appraisers are unable to agree upon during the course of an
201 appraisal process conducted pursuant to a residential,
202 commercial residential, or commercial property insurance
203 contract that provides for resolution of claim disputes by
204 appraisal.
205 (6) “Property insurance appraiser” or “appraiser” means a
206 third party selected by an insurer or an insured to develop an
207 appraisal under a residential, commercial residential, or
208 commercial property insurance contract that provides for
209 resolution of claim disputes by appraisal.
210 626.9963 Fees.—
211 (1) The department may establish an application fee and
212 fees for examination, reexamination, and licensure and
213 appointment as a property insurance appraiser or a property
214 insurance appraisal umpire, and for designation as a provider of
215 continuing education. Fees shall be remitted at the time of
216 application.
217 (a) The application fee is $50 and is nonrefundable.
218 (b) The examination and reexamination fees, at a minimum,
219 must be sufficient to cover the actual cost of examination and
220 reexamination.
221 (c) The fee for an initial license is $5.
222 (d) The fee for a biennial appointment and renewal of such
223 appointment is $60.
224 (e) The fee for applications for designation as a provider
225 of continuing education is $100 per course.
226 (2) Fees shall be deposited into the Insurance Regulatory
227 Trust Fund.
228 626.9964 Application for license as a property insurance
229 appraiser or property insurance appraisal umpire.—
230 (1) Effective October 1, 2016, upon receipt of a completed
231 application that is made under oath and signed by the applicant,
232 the department may issue a license as a property insurance
233 appraiser or a property insurance appraisal umpire to a person
234 who meets the requirements of subsection (6).
235 (2) The application for license must include the following
236 information:
237 (a) The applicant’s full name; age; social security number;
238 residence address; business address; mailing address; contact
239 telephone numbers, including a business telephone number; and e
240 mail address.
241 (b) Whether the applicant has been refused or has
242 voluntarily surrendered or has had suspended or revoked a
243 professional license by any state.
244 (c) Proof that the applicant meets the requirements for
245 licensure as an appraiser or umpire under subsection (6).
246 (d) The applicant’s gender.
247 (e) The applicant’s native language.
248 (f) The applicant’s highest achieved level of education.
249 (3) The applicant shall submit the applicable fee with his
250 or her application.
251 (4) An applicant must submit a full set of fingerprints to
252 the department. The department must forward the fingerprints to
253 the Department of Law Enforcement for state processing, and the
254 Department of Law Enforcement shall forward the fingerprints to
255 the Federal Bureau of Investigation for national processing.
256 Fees for state and federal fingerprint processing must be paid
257 by the applicant. The state fee for fingerprint processing, at a
258 minimum, must be sufficient to cover the actual costs of
259 fingerprint processing.
260 (5) The department shall develop and maintain as a public
261 record a current list of licensed appraisers and umpires.
262 (6) An applicant may be licensed to practice in this state
263 as an appraiser or umpire if he or she is of good moral
264 character and meets one of the following requirements:
265 (a) Is a retired county, circuit, or appellate judge.
266 (b) Is licensed as an engineer pursuant to chapter 471 or
267 is a retired professional engineer as defined in s. 471.005.
268 (c) Is licensed as a general contractor, building
269 contractor, or residential contractor pursuant to part I of
270 chapter 489.
271 (d) Is licensed or registered as an architect to engage in
272 the practice of architecture pursuant to part I of chapter 481.
273 (e) Is a member of The Florida Bar.
274 (f) Is licensed as an adjuster pursuant to part VI of
275 chapter 626, which license includes the property and casualty
276 lines of insurance. An adjuster must have been licensed for at
277 least 3 years as an adjuster before he or she may be licensed as
278 an appraiser and must have been licensed for at least 5 years as
279 an adjuster before he or she may be licensed as an umpire.
280 (7) The department shall review and approve courses of
281 study for the continued education of appraisers and umpires.
282 (8) The department may not issue a license as an appraiser
283 or umpire to any individual found by the department to be
284 untrustworthy or incompetent or who:
285 (a) Has not filed an application with the department in
286 accordance with this subsection (2).
287 (b) Is not a natural person who is at least 18 years of
288 age.
289 (c) Is not a United States citizen or legal alien who
290 possesses work authorization from the United States Bureau of
291 Citizenship and Immigration Services.
292 (d) Has not completed the experience or licensing
293 requirements of this part.
294 (9) An incomplete application expires 6 months after the
295 date it is received by the department.
296 (10) The department may not reject an application solely
297 because the applicant is or is not a member of a given appraisal
298 organization.
299 626.9965 Licensure by endorsement.—The department may issue
300 a license by endorsement to an applicant who the department
301 certifies is qualified to practice as an appraiser or umpire
302 unless the applicant is under investigation in this or another
303 state for any act that would constitute a violation of this part
304 and until the investigation is complete and disciplinary
305 proceedings have been terminated.
306 626.9966 Appointment of license.—
307 (1) A property insurance appraiser or property insurance
308 appraisal umpire must appoint himself or herself with the
309 department and pay fees in the amount specified in s. 626.9963.
310 The appraiser or umpire must complete his or her appointment
311 before undertaking the duties of an appraiser or an umpire. The
312 appointment of an appraiser or umpire continues in force until
313 suspended, revoked, or terminated, as provided in this part, and
314 is subject to biennial renewal or continuation by the licensee.
315 (2) An individual who has been licensed by the department
316 as an appraiser or umpire may be subsequently appointed without
317 additional written examination if his or her application for
318 appointment is filed with the department within 48 months after
319 the date of cancellation or expiration of the previous
320 appointment.
321 (3) The license of an appraiser or umpire continues in
322 force until canceled, suspended, or revoked or until it is
323 otherwise terminated, as provided in this part, but expires by
324 operation of law 48 months after the date of cancellation or
325 expiration of the last appointment.
326 626.9967 Continuing education.—
327 (1) The property insurance appraiser or property insurance
328 appraisal umpire must provide satisfactory proof to the
329 department that, during the 2 years before his or her
330 application for renewal, he or she completed at least 24 hours
331 of continuing education, approved by the department and relating
332 to appraisers and umpires, which covers new laws, ethics,
333 disciplinary trends, case studies, industry trends, and other
334 similar topics that the department determines are relevant to
335 legally and ethically performing the responsibilities of an
336 appraiser or umpire. If the department does not receive such
337 proof, the department may immediately terminate or refuse to
338 renew the appointment of an appraiser or umpire. The department
339 shall establish the criteria for and content of appraisal
340 courses by rule.
341 (2) Each appraiser or umpire course provider, instructor,
342 and classroom course must be approved by and registered with the
343 department before offering continuing education courses.
344 (3) The department shall adopt rules establishing standards
345 for the approval of courses and the registration, discipline, or
346 removal from registration of course providers and instructors.
347 The standards adopted by the department must ensure that
348 instructors have the knowledge, competence, and integrity to
349 fulfill the educational objectives of this part.
350 (4) An approved instructor may not teach any course that is
351 outside the scope of this part.
352 626.9968 Partnerships, corporations, and other business
353 entities.—A licensee may practice or offer to practice as a
354 property insurance appraiser or property insurance appraisal
355 umpire through a partnership, corporation, or other business
356 entity that offers appraisal or umpire services to the public,
357 or through the agents, employees, or officers of, or partners in
358 such a partnership, corporation, or business entity. However,
359 partnerships, corporations, or other business entities that hold
360 themselves out as offering property insurance appraisal services
361 must be registered with the department. This section does not
362 allow a corporation or other business entity to hold a license
363 to practice appraisal or umpire services. A partnership,
364 corporation, or other business entity is not relieved of
365 responsibility for the conduct or acts of its agents, employees,
366 or officers by reason of its compliance with this section. An
367 individual who practices as an appraiser or umpire is not
368 relieved of responsibility for professional services performed
369 as a result of his or her employment or relationship with a
370 partnership, corporation, or other business entity.
371 626.9969 Grounds for compulsory refusal, suspension, or
372 revocation of an appraiser or umpire license.—The department
373 shall deny an application for license under this section;
374 suspend, revoke, or refuse to renew or continue a license or
375 appointment of an applicant, property insurance appraiser, or
376 property insurance appraisal umpire; or suspend or revoke
377 eligibility for licensure or appointment as an appraiser or
378 umpire if the department finds that one or more of the following
379 applicable grounds exist:
380 (1) Lacking one or more of the qualifications for licensure
381 as specified in this part.
382 (2) Making a material misstatement or misrepresentation or
383 committing fraud in obtaining a license or in attempting to
384 obtain a license or appointment.
385 (3) Failing to achieve a passing score, as determined by
386 the department, on any examination required under this part.
387 (4) Willfully using a license or appointment to circumvent
388 any of the requirements or prohibitions of this part.
389 (5) Demonstrating a lack of fitness or trustworthiness to
390 practice as an appraiser or umpire.
391 (6) Demonstrating a lack of reasonably adequate knowledge
392 and technical competence to conduct transactions authorized by
393 the license.
394 (7) Committing fraudulent or dishonest practices in the
395 conduct of business under the license.
396 (8) Willfully failing to comply with or willfully violating
397 any order or rule of the department or this part.
398 (9) Having been found guilty of or having pled guilty or
399 nolo contendere to a felony or a crime punishable by
400 imprisonment of 1 year or more under federal or any state law,
401 or under the law of any other country, which involves moral
402 turpitude, without regard of whether a judgment or conviction
403 has been entered by the court having jurisdiction of such cases.
404 (10) Violating a duty imposed upon him or her by law or by
405 the terms of a contract, whether written, oral, expressed, or
406 implied, during the course of an appraisal; aiding, assisting,
407 or conspiring with any other person engaged in any such
408 misconduct and in furtherance thereof; or forming the intent,
409 design, or scheme to engage in such misconduct and committing an
410 overt act in furtherance of such intent, design, or scheme. A
411 licensee commits a violation of this subsection regardless of
412 whether the victim or intended victim of the misconduct has
413 sustained any damage or loss; the damage or loss has been
414 settled and paid after the discovery of misconduct; or the
415 victim or intended victim is a customer or a person in a
416 confidential relationship with the licensee or is an identified
417 member of the general public.
418 (11) Having a registration, license, or certification as an
419 appraiser or umpire revoked, suspended, or otherwise acted
420 against; having a registration, license, or certificate to
421 practice or conduct any regulated profession, business, or
422 vocation revoked or suspended; or having an application for such
423 registration, licensure, or certification to practice or conduct
424 any regulated profession, business, or vocation denied, by this
425 or any other state, any nation, or any possession or district of
426 the United States.
427 (12) Making or filing a report or record, written or oral,
428 which the licensee knows to be false; willfully failing to file
429 a report or record required by state or federal law; willfully
430 impeding or obstructing such filing; or inducing another person
431 to impede or obstruct such filing.
432 (13) Accepting an appointment as an appraiser or umpire if
433 the appointment is contingent upon the appraiser or umpire
434 reporting a predetermined result, analysis, or opinion, or if
435 the fee to be paid for the services of the umpire is contingent
436 upon the opinion, conclusion, or valuation reached by the
437 umpire.
438 626.9971 Grounds for discretionary denial, suspension, or
439 revocation of a property insurance appraiser’s or property
440 insurance appraisal umpire’s license.—The department may deny an
441 application for license or suspend, revoke, or refuse to renew
442 or continue a license as a property insurance appraiser or
443 property insurance appraisal umpire if any of the following
444 occurs:
445 (1) If the licensee is, or is applying for a license to be,
446 an appraiser, failure to timely communicate with the opposing
447 party’s appraiser without good cause or failure or refusal to
448 exercise reasonable diligence in submitting recommendations to
449 the opposing party’s appraiser.
450 (2) If the licensee is, or is applying for a license to be,
451 an umpire, failure to timely communicate with the appraiser
452 representing the insurer and the insured without good cause or
453 failure or refusal to exercise reasonable diligence in
454 submitting recommendations to such appraisers.
455 (3) Violation of any ethical standard for appraisers and
456 umpires specified in s. 626.9972.
457 (4) Failure to inform the department in writing within 30
458 days after pleading guilty or nolo contendere to, or being
459 convicted or found guilty of, a felony.
460 (5) Failure to timely notify the department of any change
461 in business location, or failure to fully disclose all business
462 locations from which he or she operates as an appraiser or
463 umpire.
464 (6) Any cause for which issuance of the license or
465 appointment could have been refused had it then existed and been
466 known to the department.
467 (7) Violation of this part or of any other law applicable
468 to the business of insurance in the course of his or her
469 practice under this section.
470 (8) Violation of any order or rule of the department,
471 commission, or office.
472 (9) Knowingly aiding, assisting, procuring, advising, or
473 abetting any person in the violation of the insurance code or
474 any order or rule of the department, commission, or office.
475 (10) Failure to comply with any civil, criminal, or
476 administrative action taken by the child support enforcement
477 program under Title IV-D of the Social Security Act, 42 U.S.C.
478 ss. 651 et seq., to determine paternity or to establish, modify,
479 enforce, or collect support.
480 626.9972 Ethical standards for property insurance
481 appraisers and property insurance appraisal umpires.—
482 (1) CONFIDENTIALITY.—Unless disclosure is otherwise
483 required by law, a property insurance appraiser or a property
484 insurance appraisal umpire shall maintain confidentiality of all
485 information revealed during an appraisal. However, an appraiser
486 may disclose such information to the party who hired him or her.
487 (2) RECORDKEEPING.—An appraiser or umpire shall maintain
488 confidentiality in the storage and disposal of records and may
489 not disclose any identifying information if materials are used
490 in research, training, or statistical compilations.
491 (3) FEES AND EXPENSES.—
492 (a) The fees charged by an appraiser or umpire must be
493 reasonable and consistent with the nature of the case. In
494 determining fees, an appraiser or umpire:
495 1. If charging on an hourly basis, may bill for services
496 only for actual time spent on or allocated for the appraisal.
497 2. May charge for costs actually incurred, and no other
498 costs.
499 (b) An umpire may not charge, agree to, or accept as
500 compensation or reimbursement any payment, commission, or fee
501 that is based on a percentage of the appraised value or that is
502 contingent upon a specified outcome.
503 (4) MAINTENANCE OF RECORDS.—An appraiser or umpire shall
504 maintain records necessary to support charges for services and
505 expenses, and, upon request, shall provide an accounting of all
506 applicable charges to the parties. An appraiser or umpire shall
507 retain original or true copies of any contracts engaging his or
508 her services, appraisal reports, and supporting data assembled
509 and formulated by the licensee in preparing appraisal reports
510 for at least 5 years. The period for retaining such records
511 begins on the date of the submission of the appraisal report to
512 the client. Upon reasonable notice, the records shall be made
513 available by the licensee to the department for inspection and
514 making copies. If an appraisal has been the subject of, or has
515 been admitted as evidence in, a lawsuit, reports and records
516 related to the appraisal must be retained for at least 2 years
517 after the date that the trial ends.
518 (5) ADVERTISING.—An appraiser or umpire may not engage in
519 marketing practices that contain false or misleading
520 information. A licensee shall ensure that any advertisement of
521 his or her qualifications, services to be rendered, or the
522 appraisal process are accurate and honest. An appraiser or
523 umpire may not make claims of achieving specific outcomes or
524 promises implying favoritism for the purpose of obtaining
525 business.
526 (6) INTEGRITY AND IMPARTIALITY.—
527 (a)1. An appraiser may not accept an appointment unless he
528 or she can serve independently of the party appointing him or
529 her; serve competently; and promptly commence the appraisal and,
530 thereafter, devote the time and attention to its completion in
531 the manner expected by all of the parties involved in the
532 appraisal.
533 2. An appraiser shall conduct the appraisal process in a
534 manner that advances the fair and efficient resolution of issues
535 that arise during the appraisal process. An appraiser shall make
536 all reasonable efforts to prevent delays in the appraisal
537 process, the harassment of parties or other participants, or
538 other abuse or disruption of the appraisal process.
539 3. After an appraiser accepts an appointment, the appraiser
540 may not withdraw or abandon the appointment unless compelled to
541 do so by unanticipated circumstances that would render it
542 impossible or impracticable to continue.
543 4. An appraiser shall deliberate and decide all issues
544 submitted for determination, but may not render a decision on
545 any other issues. An appraiser shall decide all matters justly,
546 exercising independent judgment. An appraiser may not delegate
547 the duty to make a determination to any other person.
548 (b) An umpire may not engage in any business, provide any
549 service, or perform any act that would compromise his or her
550 integrity or impartiality.
551 (7) SKILL AND EXPERIENCE.—An appraiser or umpire shall
552 decline an appointment or selection, withdraw, or request
553 appropriate assistance when the facts and circumstances of the
554 appraisal prove to be beyond his or her skill or experience.
555 (8) GIFTS AND SOLICITATION.—An appraiser or umpire may not
556 give or accept any gift, favor, loan, or other item of value in
557 the appraisal process. During the appraisal process, an
558 appraiser or umpire may not solicit or otherwise attempt to
559 procure future work with the client.
560 (9) COMMUNICATIONS WITH PARTIES.—
561 (a) If an agreement of the parties establishes the manner
562 or content of the communications between the appointed
563 appraisers, the affected parties, and the umpire, the appraisers
564 shall abide by such agreement. In the absence of such an
565 agreement, an appraiser may not discuss a proceeding with any
566 party or with the umpire in the absence of any other party,
567 except in the following circumstances:
568 1. If the appointment of the appraiser or umpire is being
569 considered, the prospective appraiser or umpire may inquire
570 about the identity of the parties, the parties’ legal counsel,
571 and the general nature of the case, and may respond to inquiries
572 from any party or its counsel or an umpire which are designed to
573 determine his or her suitability and availability for the
574 appointment.
575 2. The appraiser may consult with the party who appointed
576 him or her concerning the selection of a neutral umpire.
577 3. The appraiser may make arrangements for any compensation
578 to be paid by the party who appointed him or her.
579 4. The appraiser may make arrangements for obtaining
580 materials and providing for inspection of the property with the
581 party who appointed the appraiser. Such communication is limited
582 to scheduling and the exchange of materials.
583 (b) There may not be any communication during which a party
584 dictates to an appraiser the outcome of the proceedings, the
585 matters or elements that may be included or considered by the
586 appraiser, or specific actions the appraiser may take.
587 626.9973 Prohibitions; penalties.—Effective October 1,
588 2016, a person may not use the name or title “property insurance
589 appraiser,” “appraiser,” “property insurance appraisal umpire,”
590 or “umpire” unless he or she is licensed pursuant to this part.
591 A person who is found to be in violation of this section commits
592 a misdemeanor of the first degree, punishable as provided in s.
593 775.082 or s. 775.083.
594 626.9974 Rulemaking authority.—The department may adopt
595 rules to administer this part. Such rules may:
596 (1) Establish a process for determining compliance with
597 licensure requirements.
598 (2) Prescribe necessary forms.
599 (3) Implement specific rulemaking authority pursuant to
600 this section.
601 (4) Establish specific penalties which may be assessed
602 against licensees under this part for violations of the Florida
603 Insurance Code.
604 Section 2. For the 2016-2017 fiscal year, the sums of
605 $605,874 in recurring funds and $59,053 in nonrecurring funds
606 from the Insurance Regulatory Trust Fund are appropriated to the
607 Department of Financial Services, and four full-time equivalent
608 positions with associated salary rate of 212,315 are authorized,
609 for the purpose of implementing this act.
610 Section 3. Except as otherwise expressly provided, this act
611 shall take effect July 1, 2016.