Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (598160) for CS for SB 922
       
       
       
       
       
       
                                Ì662786UÎ662786                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/26/2017           .                                
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Amendment to Amendment (603728) (with title
    2  amendment)
    3  
    4         Delete lines 340 - 397
    5  and insert:
    6         (2) An adjusting firm and each of its business locations
    7  shall designate a primary adjuster for each such firm or
    8  location and must file with the department, at the department’s
    9  designated website, the name and license number of such primary
   10  adjuster and the physical address of the adjusting firm or
   11  business location where he or she is the primary adjuster, on a
   12  form approved by the department. The designation of the primary
   13  adjuster may be changed at the option of the adjusting firm. Any
   14  such change is effective upon notification to the department.
   15  Notice of change must be provided sent to the department within
   16  30 days after such change.
   17         (3)(2)(a) For purposes of this section, a “primary
   18  adjuster” is the licensed adjuster who is responsible for the
   19  hiring and supervision of all individuals within an adjusting
   20  firm location who act deal with the public and who acts in the
   21  capacity of a public adjuster as defined in s. 626.854, or an
   22  independent adjuster as defined in this chapter s. 626.855. An
   23  adjuster may be designated as a primary adjuster for more than
   24  only one adjusting firm location provided no person engages in
   25  activity requiring licensure as an adjuster at any location when
   26  an adjuster is not physically present.
   27         (4)(b) For purposes of this section, an “adjusting firm” is
   28  a location where an independent or public adjuster is engaged in
   29  the business of insurance.
   30         (5)(3) The department may suspend or revoke the license of
   31  the primary adjuster if the adjusting firm employs or contracts
   32  any person who has had a license denied or any person whose
   33  license is currently suspended or revoked. However, if a person
   34  has been denied a license for failure to pass a required
   35  examination, he or she may be employed or contracted to perform
   36  clerical or administrative functions for which licensure is not
   37  required.
   38         (6)(4) The primary adjuster in an unincorporated adjusting
   39  firm, or the primary adjuster in an incorporated adjusting firm
   40  in which no officer, director, or stockholder is an adjuster, is
   41  responsible and accountable for misconduct or violations of this
   42  code committed by the primary adjuster or by any other person
   43  the acts of salaried employees under his or her direct
   44  supervision and control while acting on behalf of the adjusting
   45  firm. This section does not render a primary adjuster Nothing in
   46  this section renders any person criminally liable for an or
   47  subject to any disciplinary proceedings for any act unless the
   48  primary adjuster person personally committed the act or knew or
   49  should have known of the act and of the facts constituting a
   50  violation of this code.
   51         (7)(5) The department may suspend or revoke the license of
   52  any adjuster who is employed or contracted by a person whose
   53  license is currently suspended or revoked.
   54         (8)(6) An adjusting firm location may not conduct the
   55  business of insurance unless a primary adjuster is designated
   56  and provides services to the firm at all times. If the Failure
   57  of the person operating the adjusting firm to designate a
   58  primary adjuster designated with the department ends his or her
   59  affiliation with the firm for any reason and if the firm fails
   60  to designate another primary adjuster for a business location as
   61  required in subsection (2), the firm must cease operations at
   62  the location until a primary adjuster is appointed for the firm,
   63  or for each
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete lines 507 - 508
   68  and insert:
   69         an adjusting firm conducting insurance business under
   70         certain circumstances; revising a requirement if the
   71         firm fails to designate a primary adjuster under
   72         certain circumstances; revising