Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 922
       
       
       
       
       
       
                                Ì655674GÎ655674                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                
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       The Committee on Banking and Insurance (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (20) of section 624.501, Florida
    6  Statutes, is amended to read:
    7         624.501 Filing, license, appointment, and miscellaneous
    8  fees.—The department, commission, or office, as appropriate,
    9  shall collect in advance, and persons so served shall pay to it
   10  in advance, fees, licenses, and miscellaneous charges as
   11  follows:
   12         (20)Adjusting firm, original or renewal 3-year licens
   13  	$60.00
   14         Section 2. Subsection (1) of section 626.015, Florida
   15  Statutes, is amended to read:
   16         626.015 Definitions.—As used in this part:
   17         (1) “Adjuster” means a public adjuster as defined in s.
   18  626.854, a public adjuster apprentice as defined in s. 626.8541,
   19  or an all-lines adjuster as defined in s. 626.8548.
   20         Section 3. Subsection (1) of section 626.022, Florida
   21  Statutes, is amended to read:
   22         626.022 Scope of part.—
   23         (1) This part applies as to insurance agents, service
   24  representatives, adjusters, adjusting firms, and insurance
   25  agencies; as to any and all kinds of insurance; and as to stock
   26  insurers, mutual insurers, reciprocal insurers, and all other
   27  types of insurers, except that:
   28         (a) It does not apply as to reinsurance, except that ss.
   29  626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
   30  626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541
   31  626.591, and ss. 626.601-626.711 shall apply as to reinsurance
   32  intermediaries as defined in s. 626.7492.
   33         (b) The applicability of this chapter as to fraternal
   34  benefit societies shall be as provided in chapter 632.
   35         (c) It does not apply to a bail bond agent, as defined in
   36  s. 648.25, except as provided in chapter 648 or chapter 903.
   37         (d) This part does not apply to a certified public
   38  accountant licensed under chapter 473 who is acting within the
   39  scope of the practice of public accounting, as defined in s.
   40  473.302, provided that the activities of the certified public
   41  accountant are limited to advising a client of the necessity of
   42  obtaining insurance, the amount of insurance needed, or the line
   43  of coverage needed, and provided that the certified public
   44  accountant does not directly or indirectly receive or share in
   45  any commission or referral fee.
   46         Section 4. Subsection (7) of section 626.112, Florida
   47  Statutes, is amended to read:
   48         626.112 License and appointment required; agents, customer
   49  representatives, adjusters, insurance agencies, adjusting firms,
   50  service representatives, managing general agents.—
   51         (7)(a) An individual, firm, partnership, corporation,
   52  association, or other entity may shall not act in its own name
   53  or under a trade name, directly or indirectly, as an insurance
   54  agency unless it complies with s. 626.172 with respect to
   55  possessing an insurance agency license for each place of
   56  business at which it engages in an activity that may be
   57  performed only by a licensed insurance agent. However, an
   58  insurance agency that is owned and operated by a single licensed
   59  agent conducting business in his or her individual name and not
   60  employing or otherwise using the services of or appointing other
   61  licensees is shall be exempt from the agency licensing
   62  requirements of this subsection.
   63         (b) A branch place of business that is established by a
   64  licensed agency is considered a branch agency and is not
   65  required to be licensed so long as it transacts business under
   66  the same name and federal tax identification number as the
   67  licensed agency and has designated with the department a
   68  licensed agent in charge of the branch location as required by
   69  s. 626.0428 and the address and telephone number of the branch
   70  location have been submitted to the department for inclusion in
   71  the licensing record of the licensed agency within 30 days after
   72  insurance transactions begin at the branch location.
   73         (c)An individual, a firm, a partnership, a corporation, an
   74  association, or any other entity may not act in its own name or
   75  under a trade name, directly or indirectly, as an adjusting firm
   76  unless it possesses an adjusting firm license under s. 626.8696
   77  for each place of business at which it engages in an activity
   78  that may be performed only by a licensed adjuster. However, an
   79  insurance company authorized to transact insurance in this state
   80  which directly appoints adjusters, or an adjusting firm that is
   81  owned and operated by a single licensed adjuster who is
   82  conducting business in his or her individual name and who is not
   83  employing or otherwise using the services of or appointing other
   84  licensees, is exempt from the adjusting firm licensing
   85  requirements of this subsection.
   86         (d)A branch place of business that is established by a
   87  licensed adjusting firm is considered a branch firm and is not
   88  required to be licensed so long as:
   89         1.It transacts business under the same name and federal
   90  tax identification number as the licensed adjusting firm;
   91         2.It has designated with the department a licensed primary
   92  adjuster in charge of the branch firm as required by s.
   93  626.8695; and
   94         3.Within 30 days after insurance transactions begin at the
   95  branch firm, the address and telephone number of the branch firm
   96  are submitted to the department for inclusion in the licensing
   97  record of the licensed adjusting firm.
   98         (e)(c) If an agency or firm is required to be licensed but
   99  fails to file an application for licensure in accordance with
  100  this section, the department must shall impose on the agency or
  101  firm an administrative penalty of up to $2,500 for a first
  102  violation and up to $10,000 for any subsequent violation.
  103         (d)Effective October 1, 2015, the department must
  104  automatically convert the registration of an approved registered
  105  insurance agency to an insurance agency license.
  106         Section 5. Present subsections (7) through (19) of section
  107  626.854, Florida Statutes, are renumbered as subsections (6)
  108  through (18), respectively, subsection (1) and present
  109  subsections (6), (7), (11), (18), and (19) are amended, and a
  110  new subsection (19) is added to that section, to read:
  111         626.854 “Public adjuster” defined; prohibitions.—The
  112  Legislature finds that it is necessary for the protection of the
  113  public to regulate public insurance adjusters and to prevent the
  114  unauthorized practice of law.
  115         (1) A “public adjuster” is any person, except a duly
  116  licensed attorney at law as exempted under s. 626.860, who, for
  117  money, commission, or any other thing of value, directly or
  118  indirectly prepares, completes, or files an insurance claim form
  119  for an insured or third-party claimant or who, for money,
  120  commission, or any other thing of value, acts on behalf of, or
  121  aids an insured or third-party claimant in negotiating for or
  122  effecting the settlement of a claim or claims for loss or damage
  123  covered by an insurance contract or who advertises for
  124  employment as an adjuster of such claims. The term also includes
  125  any person who, for money, commission, or any other thing of
  126  value, directly or indirectly solicits, investigates, or adjusts
  127  such claims on behalf of a public adjuster, an insured, or a
  128  third-party claimant, unless such person is performing duties
  129  under another professional license.
  130         (6)A public adjuster may not directly or indirectly
  131  through any other person or entity initiate contact or engage in
  132  face-to-face or telephonic solicitation or enter into a contract
  133  with any insured or claimant under an insurance policy until at
  134  least 48 hours after the occurrence of an event that may be the
  135  subject of a claim under the insurance policy unless contact is
  136  initiated by the insured or claimant.
  137         (6)(7) An insured or claimant may cancel a public
  138  adjuster’s contract to adjust a claim without penalty or
  139  obligation within 3 business days after the date on which the
  140  contract is executed or within 3 business days after the date on
  141  which the insured or claimant has notified the insurer of the
  142  claim, by phone or in writing, whichever is later. The public
  143  adjuster’s contract must disclose to the insured or claimant his
  144  or her right to cancel the contract and advise the insured or
  145  claimant that notice of cancellation must be submitted in
  146  writing and sent by certified mail, return receipt requested, or
  147  other form of mailing that provides proof thereof, to the public
  148  adjuster at the address specified in the contract; provided,
  149  during any state of emergency as declared by the Governor and
  150  for 1 year after the date of loss, the insured or claimant has 5
  151  business days after the date on which the contract is executed
  152  to cancel a public adjuster’s contract.
  153         (10)(a)(11)(a) If a public adjuster enters into a contract
  154  with an insured or claimant to reopen a claim or file a
  155  supplemental claim that seeks additional payments for a claim
  156  that has been previously paid in part or in full or settled by
  157  the insurer, the public adjuster may not charge, agree to, or
  158  accept from any source compensation, payment, commission, fee,
  159  or any other thing of value based on a previous settlement or
  160  previous claim payments by the insurer for the same cause of
  161  loss. The charge, compensation, payment, commission, fee, or any
  162  other thing of value must be based only on the claim payments or
  163  settlement obtained through the work of the public adjuster
  164  after entering into the contract with the insured or claimant.
  165  Compensation for the reopened or supplemental claim may not
  166  exceed 20 percent of the reopened or supplemental claim payment.
  167  In no event shall the contracts described in this paragraph
  168  exceed the limitations in paragraph (b).
  169         (b) A public adjuster may not charge, agree to, or accept
  170  from any source compensation, payment, commission, fee, or any
  171  other thing of value in excess of:
  172         1. Ten percent of the amount of insurance claim payments
  173  made by the insurer for claims based on events that are the
  174  subject of a declaration of a state of emergency by the
  175  Governor. This provision applies to claims made during the year
  176  after the declaration of emergency. After that year, the
  177  limitations in subparagraph 2. apply.
  178         2. Twenty percent of the amount of insurance claim payments
  179  made by the insurer for claims that are not based on events that
  180  are the subject of a declaration of a state of emergency by the
  181  Governor.
  182         (c)Insurance claim payments made by the insurer do not
  183  include policy deductibles, and public adjuster compensation may
  184  not be based on the deductible portion of a claim.
  185         (d)(c) Any maneuver, shift, or device through which the
  186  limits on compensation set forth in this subsection are exceeded
  187  is a violation of this chapter punishable as provided under s.
  188  626.8698.
  189         (17)(18) A public adjuster, a public adjuster apprentice,
  190  or a person acting on behalf of an adjuster or apprentice may
  191  not enter into a contract or accept a power of attorney that
  192  vests in the public adjuster, the public adjuster apprentice, or
  193  the person acting on behalf of the adjuster or apprentice the
  194  effective authority to choose the persons or entities that will
  195  perform salvage, repair, or any other work in a property
  196  insurance claim.
  197         (18)(19) Subsections (5)-(17) (5)-(18) apply only to
  198  residential property insurance policies and condominium unit
  199  owner policies as described in s. 718.111(11).
  200         (19)Except as otherwise provided in this chapter, no
  201  person, except an attorney at law or a public adjuster, may for
  202  money, commission, or any other thing of value, directly or
  203  indirectly:
  204         (a)Prepare, complete, or file an insurance claim for an
  205  insured or a third-party claimant;
  206         (b)Act on behalf of or aid an insured or a third-party
  207  claimant in negotiating for or effecting the settlement of a
  208  claim for loss or damage covered by an insurance contract;
  209         (c)Advertise for employment as a public adjuster; or
  210         (d)Solicit, investigate, or adjust a claim on behalf of a
  211  public adjuster, an insured, or a third-party claimant.
  212         Section 6. Section 626.8541, Florida Statutes, is repealed.
  213         Section 7. Section 626.8548, Florida Statutes, is amended
  214  to read:
  215         626.8548 “All-lines adjuster” defined.—An “all-lines
  216  adjuster” is a person who, for money, commission, or any other
  217  thing of value, directly or indirectly is self-employed or
  218  employed by an insurer, a wholly owned subsidiary of an insurer,
  219  or an independent adjusting firm or other independent adjuster,
  220  and who undertakes on behalf of a public adjuster or an insurer
  221  or other insurers under common control or ownership to ascertain
  222  and determine the amount of any claim, loss, or damage payable
  223  under an insurance contract or undertakes to effect settlement
  224  of such claim, loss, or damage. The term also includes any
  225  person who, for money, commission, or any other thing of value,
  226  directly or indirectly solicits claims on behalf of a public
  227  adjuster, but does not include paid spokespersons used as part
  228  of a written or an electronic advertisement. The term does not
  229  apply to life insurance or annuity contracts.
  230         Section 8. Section 626.8561, Florida Statutes, is created
  231  to read:
  232         626.8561“Public adjuster apprentice” defined.—The term
  233  “public adjuster apprentice” means a person licensed as an all
  234  lines adjuster who:
  235         (1)Is appointed and employed or contracted by a public
  236  adjuster or a public adjusting firm;
  237         (2)Assists the public adjuster or public adjusting firm in
  238  ascertaining and determining the amount of any claim, loss, or
  239  damage payable under an insurance contract, or who undertakes to
  240  effect settlement of such claim, loss, or damage; and
  241         (3)Satisfies the requirements of s. 626.8651.
  242         Section 9. Subsection (3) of section 626.8584, Florida
  243  Statutes, is amended to read:
  244         626.8584 “Nonresident all-lines adjuster” defined.—A
  245  “nonresident all-lines adjuster” means a person who:
  246         (3) Is licensed as an all-lines adjuster and self-appointed
  247  or appointed and employed or contracted by an independent
  248  adjusting firm or other independent adjuster, by an insurer
  249  admitted to do business in this state or a wholly owned
  250  subsidiary of an insurer admitted to do business in this state,
  251  or by a public adjuster or a public adjusting firm other
  252  insurers under the common control or ownership of such insurer.
  253         Section 10. Subsection (1) of section 626.861, Florida
  254  Statutes, is amended to read:
  255         626.861 Insurer’s officers, insurer’s employees, reciprocal
  256  insurer’s representatives; adjustments by.—
  257         (1) Nothing in This part may not shall be construed to
  258  prevent an executive officer of any insurer, an or a regularly
  259  salaried employee of an insurer handling claims with respect to
  260  health insurance, an employee of an insurer handling claims with
  261  respect to residential property insurance in which the amount of
  262  coverage for the applicable type of loss is contractually
  263  limited to $500 or less, or the duly designated attorney or
  264  agent authorized and acting for subscribers to reciprocal
  265  insurers, from adjusting any claim loss or damage under any
  266  insurance contract of such insurer.
  267         Section 11. Subsection (3) of section 626.864, Florida
  268  Statutes, is amended to read:
  269         626.864 Adjuster license types.—
  270         (3) An all-lines adjuster may be appointed as an
  271  independent adjuster, public adjuster apprentice, or company
  272  employee adjuster, but not more than one of these both
  273  concurrently.
  274         Section 12. Paragraphs (d) and (e) of subsection (1) of
  275  section 626.865, Florida Statutes, are amended to read:
  276         626.865 Public adjuster’s qualifications, bond.—
  277         (1) The department shall issue a license to an applicant
  278  for a public adjuster’s license upon determining that the
  279  applicant has paid the applicable fees specified in s. 624.501
  280  and possesses the following qualifications:
  281         (d) Has had sufficient experience, training, or instruction
  282  concerning the adjusting of damages or losses under insurance
  283  contracts, other than life and annuity contracts, is
  284  sufficiently informed as to the terms and effects of the
  285  provisions of those types of insurance contracts, and possesses
  286  adequate knowledge of the laws of this state relating to such
  287  contracts as to enable and qualify him or her to engage in the
  288  business of insurance adjuster fairly and without injury to the
  289  public or any member thereof with whom the applicant may have
  290  business as a public adjuster, or has been licensed and employed
  291  as a resident insurance company adjuster or independent adjuster
  292  in this state on a continual basis for the past year.
  293         (e) Has been licensed in this state as an all-lines
  294  adjuster, and has been appointed on a continual basis for the
  295  previous 6 months Is licensed as a public adjuster apprentice
  296  under s. 626.8561, as an independent adjuster under s. 626.855,
  297  or as a company employee adjuster under s. 626.856 under s.
  298  626.8651 and complies with the requirements of that license
  299  throughout the licensure period.
  300         Section 13. Section 626.8651, Florida Statutes, is amended
  301  to read:
  302         626.8651 Public adjuster apprentice appointment license;
  303  qualifications.—
  304         (1)(a) The department shall issue an appointment a license
  305  as a public adjuster apprentice to a licensee an applicant who
  306  is:
  307         1.Is licensed as an all-lines adjuster under s. 626.866;
  308         2.Has filed with the department a bond executed and issued
  309  by a surety insurer that is authorized to transact such business
  310  in this state in the amount of $50,000, which is conditioned
  311  upon the faithful performance of his or her duties as a public
  312  adjuster apprentice; and
  313         3.Maintains such bond unimpaired throughout the existence
  314  of the appointment and for at least 1 year after termination of
  315  the appointment.
  316         (b)The bond must be in favor of the department and must
  317  specifically authorize recovery by the department of the damages
  318  sustained in case the licensee commits fraud or unfair practices
  319  in connection with his or her business as a public adjuster
  320  apprentice. The aggregate liability of the surety for all such
  321  damages may not exceed the amount of the bond, and the bond may
  322  not be terminated by the issuing insurer unless written notice
  323  of at least 30 days is given to the licensee and filed with the
  324  department.
  325         (a)A natural person at least 18 years of age.
  326         (b)A United States citizen or legal alien who possesses
  327  work authorization from the United States Bureau of Citizenship
  328  and Immigration Services.
  329         (c)Trustworthy and has such business reputation as would
  330  reasonably ensure that the applicant will conduct business as a
  331  public adjuster apprentice fairly and in good faith and without
  332  detriment to the public.
  333         (2)All applicable license fees, as prescribed in s.
  334  624.501, must be paid in full before issuance of the license.
  335         (3)An applicant must pass the required written examination
  336  before a license may be issued.
  337         (4)An applicant must have received designation as an
  338  Accredited Claims Adjuster (ACA), as a Certified Adjuster (CA),
  339  or as a Certified Claims Adjuster (CCA) after completion of
  340  training that qualifies the applicant to engage in the business
  341  of a public adjuster apprentice fairly and without injury to the
  342  public. Such training and instruction must address adjusting
  343  damages and losses under insurance contracts, the terms and
  344  effects of insurance contracts, and knowledge of the laws of
  345  this state relating to insurance contracts.
  346         (5)At the time of application for license as a public
  347  adjuster apprentice, the applicant shall file with the
  348  department a bond executed and issued by a surety insurer
  349  authorized to transact such business in this state in the amount
  350  of $50,000, conditioned upon the faithful performance of his or
  351  her duties as a public adjuster apprentice under the license for
  352  which the applicant has applied, and thereafter maintain the
  353  bond unimpaired throughout the existence of the license and for
  354  at least 1 year after termination of the license. The bond shall
  355  be in favor of the department and shall specifically authorize
  356  recovery by the department of the damages sustained in case the
  357  licensee commits fraud or unfair practices in connection with
  358  his or her business as a public adjuster apprentice. The
  359  aggregate liability of the surety for all such damages may not
  360  exceed the amount of the bond, and the bond may not be
  361  terminated by the issuing insurer unless written notice of at
  362  least 30 days is given to the licensee and filed with the
  363  department.
  364         (6)A public adjuster apprentice shall complete at a
  365  minimum 100 hours of employment per month for 12 months of
  366  employment under the supervision of a licensed and appointed
  367  all-lines public adjuster in order to qualify for licensure as a
  368  public adjuster. The department may adopt rules that establish
  369  standards for such employment requirements.
  370         (2)(7) An appointing public adjusting firm may not maintain
  371  more than four 12 public adjuster apprentices simultaneously.
  372  However, a supervising public adjuster may not be responsible
  373  for more than one three public adjuster apprentice apprentices
  374  simultaneously and shall be accountable for the acts of the all
  375  public adjuster apprentice apprentices which are related to
  376  transacting business as a public adjuster apprentice. This
  377  subsection does not apply to a public adjusting firm that
  378  adjusts claims primarily for commercial entities with operations
  379  in more than one state and that does not directly or indirectly
  380  perform adjusting services for insurers or individual
  381  homeowners.
  382         (8)An apprentice license is effective for 18 months unless
  383  the license expires due to lack of maintaining an appointment;
  384  is surrendered by the licensee; is terminated, suspended, or
  385  revoked by the department; or is canceled by the department upon
  386  issuance of a public adjuster license. The department may not
  387  issue a public adjuster apprentice license to any individual who
  388  has held such a license in this state within 2 years after
  389  expiration, surrender, termination, revocation, or cancellation
  390  of the license.
  391         (9)After completing the requirements for employment as a
  392  public adjuster apprentice, the licensee may file an application
  393  for a public adjuster license. The applicant and supervising
  394  public adjuster or public adjusting firm must each file a sworn
  395  affidavit, on a form prescribed by the department, verifying
  396  that the employment of the public adjuster apprentice meets the
  397  requirements of this section.
  398         (10)In no event shall A public adjuster apprentice
  399  licensed under this section perform any of the functions for
  400  which a public adjuster’s license is required after expiration
  401  of the public adjuster apprentice license without having
  402  obtained a public adjuster license.
  403         (3)(11) A public adjuster apprentice has the same authority
  404  as the licensed public adjuster or public adjusting firm that
  405  employs the apprentice except that an apprentice may not execute
  406  contracts for the services of a public adjuster or public
  407  adjusting firm and may not solicit contracts for the services
  408  except under the direct supervision and guidance of the
  409  supervisory public adjuster. An individual may not be, act as,
  410  or hold himself or herself out to be a public adjuster
  411  apprentice unless the individual is licensed as an all-lines
  412  adjuster and holds a current appointment by a licensed public
  413  all-lines adjuster or a public adjusting firm that employs a
  414  licensed all-lines public adjuster.
  415         Section 14. Section 626.8695, Florida Statutes, is amended
  416  to read:
  417         626.8695 Primary adjuster.—
  418         (1) Each business location established by an adjuster,
  419  person operating an adjusting firm, a corporation, or an
  420  association and each location of a multiple location adjusting
  421  firm must designate with the department a primary adjuster who
  422  is licensed and appointed to adjust the insurance claims
  423  adjusted by the business location.
  424         (2)An adjusting firm and each of its branch firms shall
  425  designate a primary adjuster for each such firm or location and
  426  must file with the department, at the department’s designated
  427  website, the name and license number of such primary adjuster
  428  and the physical address of the adjusting firm or branch firm
  429  location where he or she is the primary adjuster, on a form
  430  approved by the department. The designation of the primary
  431  adjuster may be changed at the option of the adjusting firm. Any
  432  such change is effective upon notification to the department.
  433  Notice of change must be provided sent to the department within
  434  30 days after such change.
  435         (3)(2)(a) For purposes of this section, a “primary
  436  adjuster” is the licensed adjuster who is responsible for the
  437  hiring and supervision of all individuals within an adjusting
  438  firm location who act deal with the public and who acts in the
  439  capacity of a public adjuster as defined in s. 626.854, or an
  440  independent adjuster as defined in this chapter s. 626.855. An
  441  adjuster may be designated as a primary adjuster for more than
  442  only one adjusting firm location provided no person engages in
  443  activity requiring licensure as an adjuster at any location when
  444  an adjuster is not physically present.
  445         (4)(b) For purposes of this section, an “adjusting firm” is
  446  a location where an independent or public adjuster is engaged in
  447  the business of insurance.
  448         (5)(3) The department may suspend or revoke the license of
  449  the primary adjuster if the adjusting firm employs or contracts
  450  any person who has had a license denied or any person whose
  451  license is currently suspended or revoked. However, if a person
  452  has been denied a license for failure to pass a required
  453  examination, he or she may be employed or contracted to perform
  454  clerical or administrative functions for which licensure is not
  455  required.
  456         (6)(4) The primary adjuster in an unincorporated adjusting
  457  firm, or the primary adjuster in an incorporated adjusting firm
  458  in which no officer, director, or stockholder is an adjuster, is
  459  responsible and accountable for misconduct or violations of this
  460  code committed by the primary adjuster or by any other person
  461  the acts of salaried employees under his or her direct
  462  supervision and control while acting on behalf of the adjusting
  463  firm. This section does not render a primary adjuster Nothing in
  464  this section renders any person criminally liable for an or
  465  subject to any disciplinary proceedings for any act unless the
  466  primary adjuster person personally committed the act or knew or
  467  should have known of the act and of the facts constituting a
  468  violation of this code.
  469         (7)(5) The department may suspend or revoke the license of
  470  any adjuster who is employed or contracted by a person whose
  471  license is currently suspended or revoked.
  472         (8)(6) An adjusting firm location may not conduct the
  473  business of insurance unless a primary adjuster is designated
  474  and provides services to the firm at all times. If the Failure
  475  of the person operating the adjusting firm to designate a
  476  primary adjuster designated with the department ends his or her
  477  affiliation with the firm for any reason and if the firm fails
  478  to designate another primary adjuster, as required in subsection
  479  (2), within 90 days, the firm license automatically expires on
  480  the 91st day after the date the designated primary adjuster
  481  ended his or her affiliation with for the firm, or for each
  482  location, as applicable, on a form prescribed by the department
  483  within 30 days after inception of the firm or change of primary
  484  adjuster designation, constitutes grounds for requiring the
  485  adjusting firm to obtain an adjusting firm license pursuant to
  486  s. 626.8696.
  487         (9)(7) Any adjusting firm may determine a request, on a
  488  form prescribed by the department, verification from the
  489  department of any person’s current licensure status by
  490  submitting an appointment request. If a request is mailed to the
  491  office within 5 working days after the date an adjuster is
  492  hired. If, and the department subsequently notifies the
  493  adjusting firm that its appointee’s an employee’s license is
  494  currently suspended, revoked, or has been denied, the license of
  495  the primary adjuster may shall not be revoked or suspended if
  496  the unlicensed person is immediately dismissed from employment
  497  as an adjuster with the firm.
  498         Section 15. Section 626.8696, Florida Statutes, is amended
  499  to read:
  500         626.8696 Application for adjusting firm license.—
  501         (1) The department may issue an adjusting firm license to a
  502  person only after the person files a written application with
  503  the department and qualifies for such license.
  504         (2)An application for an adjusting firm license must be
  505  signed by an individual required to be listed in the application
  506  under paragraph (a). An adjusting firm may authorize a third
  507  party to complete, submit, and sign an application on the firm’s
  508  behalf. However, the firm must ensure that the information on
  509  the application is true and correct, and the firm is accountable
  510  for any misstatement or misrepresentation. The application for
  511  an adjusting firm license must include:
  512         (a) The name of each majority owner, partner, officer, and
  513  director, president, senior vice president, secretary,
  514  treasurer, and limited liability company member who directs or
  515  participates in the management or control of the adjusting firm.
  516         (b) The resident address of each person required to be
  517  listed in the application under paragraph (a).
  518         (c) The name, of the adjusting firm and its principal
  519  business street address, and valid e-mail address of the
  520  adjusting firm, and the name, street address, and valid e-mail
  521  address of the firm’s registered agent, person, or company
  522  authorized to accept service on behalf of the firm.
  523         (d) The physical address location of each branch adjusting
  524  firm, including its name, valid e-mail address, and telephone
  525  number, and the date that the branch firm began transacting
  526  insurance business office and the name under which each office
  527  conducts or will conduct business.
  528         (e)The name of the primary adjuster in full-time charge of
  529  the adjusting firm office, including branch firms, and his or
  530  her corresponding location.
  531         (f)The fingerprints of each of the following:
  532         1.A sole proprietor, if the applicant is a sole
  533  proprietor;
  534         2.Each individual required to be listed in the application
  535  under paragraph (a); and
  536         3.Each individual who directs or participates in the
  537  management or control of an incorporated firm whose shares are
  538  not traded on a securities exchange.
  539  
  540  Fingerprints must be taken by a law enforcement agency or other
  541  entity approved by the department, must be accompanied by the
  542  fingerprint processing fee specified in s. 624.501, and must be
  543  processed in accordance with s. 624.34. However, fingerprints
  544  need not be filed for an individual who is currently licensed
  545  and appointed under this chapter. This paragraph does not apply
  546  to corporations whose voting shares are traded on a securities
  547  exchange.
  548         (g)(e)Such Any additional information that the department
  549  requires by rule to ascertain the trustworthiness and competence
  550  of persons required to be listed on the application and to
  551  ascertain that such persons meet the requirements of this code.
  552  However, the department may not require that credit or character
  553  reports be submitted for such persons.
  554         (2)An application for an adjusting firm license must be
  555  signed by each owner of the firm. If the firm is incorporated,
  556  the application must be signed by the president and secretary of
  557  the corporation.
  558         (3)Each application must be accompanied by payment of any
  559  applicable fee as prescribed in s. 624.501.
  560         (4)License fees are not refundable.
  561         (3)(5)The license of an adjusting firm continues in force
  562  until it is canceled, required to be licensed pursuant to s.
  563  626.8695 must remain so licensed for a period of 3 years from
  564  the date of licensure, unless the license is suspended, or
  565  revoked or until it is otherwise terminated or expires by
  566  operation of law. The department may suspend or revoke the
  567  adjusting firm’s authority to do business for activities
  568  occurring during the time the firm is licensed, regardless of
  569  whether the licensing period has terminated.
  570         Section 16. Section 626.872, Florida Statutes, is repealed.
  571         Section 17. Subsection (1) of section 626.874, Florida
  572  Statutes, is amended to read:
  573         626.874 Catastrophe or emergency adjusters.—
  574         (1) In the event of a catastrophe or emergency, the
  575  department may issue a license, for the purposes and under the
  576  conditions and for the period of emergency as it shall
  577  determine, to persons who are residents or nonresidents of this
  578  state, who are at least 18 years of age, who are United States
  579  citizens or legal aliens who possess work authorization from the
  580  United States Bureau of Citizenship and Immigration Services,
  581  and who are not licensed adjusters under this part but who have
  582  been designated and certified to it as qualified to act as
  583  adjusters by all-lines resident adjusters, by an authorized
  584  insurer, or by a licensed general lines agent to adjust claims,
  585  losses, or damages under policies or contracts of insurance
  586  issued by such insurers, or by the primary adjuster of an
  587  independent adjusting firm contracted with an authorized insurer
  588  to adjust claims on behalf of the insurer. The fee for the
  589  license is as provided in s. 624.501(12)(c).
  590         Section 18. Subsection (2) of section 626.875, Florida
  591  Statutes, is amended to read:
  592         626.875 Office and records.—
  593         (2) The records of the adjuster relating to a particular
  594  claim or loss shall be so retained in the adjuster’s place of
  595  business for a period of not less than 5 3 years after
  596  completion of the adjustment. This provision shall not be deemed
  597  to prohibit return or delivery to the insurer or insured of
  598  documents furnished to or prepared by the adjuster and required
  599  by the insurer or insured to be returned or delivered thereto.
  600         Section 19. Section 626.876, Florida Statutes, is amended
  601  to read:
  602         626.876 Exclusive employment; public adjusters, all-lines
  603  independent adjusters.—
  604         (1) An individual licensed and appointed as a public
  605  adjuster may not be simultaneously licensed as an all-lines
  606  adjuster employed during the same period by more than one public
  607  adjuster or public adjuster firm or corporation.
  608         (2) An individual licensed as an all-lines adjuster and
  609  appointed as an independent adjuster, a company employee
  610  adjuster, or a public adjuster apprentice may not be
  611  simultaneously appointed, contracted, or employed as an adjuster
  612  that requires a different appointment type during the same
  613  period by more than one independent adjuster or independent
  614  adjuster firm or corporation.
  615         Section 20. Section 626.879, Florida Statutes, is repealed.
  616         Section 21. Subsection (5) of section 626.9953, Florida
  617  Statutes, is amended to read:
  618         626.9953 Qualifications for registration; application
  619  required.—
  620         (5) An applicant must submit a set of his or her
  621  fingerprints to the department and pay the processing fee
  622  established under s. 624.501(23) s. 624.501(24). The department
  623  shall submit the applicant’s fingerprints to the Department of
  624  Law Enforcement for processing state criminal history records
  625  checks and local criminal records checks through local law
  626  enforcement agencies and for forwarding to the Federal Bureau of
  627  Investigation for national criminal history records checks. The
  628  fingerprints shall be taken by a law enforcement agency, a
  629  designated examination center, or another department-approved
  630  entity. The department may not approve an application for
  631  registration as a navigator if fingerprints have not been
  632  submitted.
  633         Section 22. This act shall take effect January 1, 2018.
  634  
  635  ================= T I T L E  A M E N D M E N T ================
  636  And the title is amended as follows:
  637         Delete everything before the enacting clause
  638  and insert:
  639                        A bill to be entitled                      
  640         An act relating to insurance adjusters; amending s.
  641         624.501, F.S.; deleting a fee for an original or
  642         renewal license for an adjusting firm; amending s.
  643         626.015, F.S.; conforming a cross-reference; amending
  644         s. 626.022, F.S.; revising applicability of the
  645         Licensing Procedures Law to include adjusting firms;
  646         amending s. 626.112, F.S.; prohibiting certain
  647         entities from acting as insurance adjusting firms
  648         without specified licenses; providing an exemption;
  649         providing construction; specifying that an unlicensed
  650         firm is subject to a certain administrative penalty;
  651         deleting a requirement for the Department of Financial
  652         Services to automatically convert a certain
  653         registration to an insurance agency license as of a
  654         certain date; amending s. 626.854, F.S.; redefining
  655         the term “public adjuster”; deleting a certain
  656         prohibited act of a public adjuster; deleting a
  657         provision specifying the method for an insured or
  658         claimant to provide certain notice to an insurer;
  659         providing construction relating to certain limitations
  660         on insurance claim payments and public adjuster
  661         compensation; revising a prohibition against certain
  662         entities relating to a contract or power of attorney
  663         that vests certain authority in a property insurance
  664         claim; conforming a cross-reference; prohibiting
  665         persons from conducting certain activities relating to
  666         insurance claims; providing an exception for attorneys
  667         and public adjusters; repealing s. 626.8541, F.S.,
  668         relating to public adjuster apprentices; amending s.
  669         626.8548, F.S.; redefining the term “all-lines
  670         adjuster”; creating s. 626.8561, F.S.; defining the
  671         term “public adjuster apprentice”; amending s.
  672         626.8584, F.S.; redefining the term “nonresident all
  673         lines adjuster”; amending s. 626.861, F.S.; revising
  674         construction relating to employees of an insurer;
  675         amending s. 626.864, F.S.; revising the permissible
  676         appointments of all-lines adjusters; amending s.
  677         626.865, F.S.; revising the qualifications for
  678         licensure for public adjusters; amending s. 626.8651,
  679         F.S.; requiring public adjuster apprentices to be
  680         appointed, rather than licensed, by the department;
  681         specifying qualifications for such appointments;
  682         revising requirements and limitations for public
  683         adjusting firms and public adjusters who supervise
  684         public adjuster apprentices; revising certain
  685         prohibited acts and exceptions to such acts of public
  686         adjuster apprentices; conforming provisions to changes
  687         made by the act; amending s. 626.8695, F.S.; revising
  688         requirements for designating primary adjusters;
  689         redefining the term “primary adjuster”; revising the
  690         accountability of a primary adjuster for persons under
  691         his or her supervision; revising a prohibition against
  692         an adjusting firm location conducting insurance
  693         business under certain circumstances; revising
  694         procedures for an adjusting firm to determine a
  695         person’s current licensure status; amending s.
  696         626.8696, F.S.; revising conditions for the issuance
  697         of an adjusting firm license; revising application
  698         requirements for such license; providing rulemaking
  699         authority of the department; prohibiting the
  700         department from requiring certain information on an
  701         application; providing for expiration of such license;
  702         repealing s. 626.872, F.S., relating to all-lines
  703         adjuster temporary licenses; amending s. 626.874,
  704         F.S.; revising conditions for the department to issue
  705         adjuster licenses in the event of catastrophes or
  706         emergencies; amending s. 626.875, F.S.; revising the
  707         minimum time period in a records retention requirement
  708         for adjusters; amending s. 626.876, F.S.; revising
  709         certain prohibitions relating to exclusive employment
  710         of public adjusters and all-lines adjusters and
  711         appointed independent adjusters; repealing s. 626.879,
  712         F.S., relating to pools of insurance adjusters;
  713         amending s. 626.9953, F.S.; conforming a cross
  714         reference; providing an effective date.