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.