Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 922
       
       
       
       
       
       
                                Ì687430ÊÎ687430                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2017           .                                
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       Appropriations Subcommittee on General Government (Garcia)
       recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 203 - 303
    4  and insert:
    5  third-party claimant. The term does not include a person who
    6  photographs or inventories damaged personal property or business
    7  personal property or a person performing duties under another
    8  professional license, if such person does not otherwise solicit,
    9  adjust, investigate, or negotiate for or attempt to effect the
   10  settlement of a claim.
   11         (6)A public adjuster may not directly or indirectly
   12  through any other person or entity initiate contact or engage in
   13  face-to-face or telephonic solicitation or enter into a contract
   14  with any insured or claimant under an insurance policy until at
   15  least 48 hours after the occurrence of an event that may be the
   16  subject of a claim under the insurance policy unless contact is
   17  initiated by the insured or claimant.
   18         (6)(7) An insured or claimant may cancel a public
   19  adjuster’s contract to adjust a claim without penalty or
   20  obligation within 3 business days after the date on which the
   21  contract is executed or within 3 business days after the date on
   22  which the insured or claimant has notified the insurer of the
   23  claim, by phone or in writing, whichever is later. The public
   24  adjuster’s contract must disclose to the insured or claimant his
   25  or her right to cancel the contract and advise the insured or
   26  claimant that notice of cancellation must be submitted in
   27  writing and sent by certified mail, return receipt requested, or
   28  other form of mailing that provides proof thereof, to the public
   29  adjuster at the address specified in the contract; provided,
   30  during any state of emergency as declared by the Governor and
   31  for 1 year after the date of loss, the insured or claimant has 5
   32  business days after the date on which the contract is executed
   33  to cancel a public adjuster’s contract.
   34         (10)(a)(11)(a) If a public adjuster enters into a contract
   35  with an insured or claimant to reopen a claim or file a
   36  supplemental claim that seeks additional payments for a claim
   37  that has been previously paid in part or in full or settled by
   38  the insurer, the public adjuster may not charge, agree to, or
   39  accept from any source compensation, payment, commission, fee,
   40  or any other thing of value based on a previous settlement or
   41  previous claim payments by the insurer for the same cause of
   42  loss. The charge, compensation, payment, commission, fee, or any
   43  other thing of value must be based only on the claim payments or
   44  settlement obtained through the work of the public adjuster
   45  after entering into the contract with the insured or claimant.
   46  Compensation for the reopened or supplemental claim may not
   47  exceed 20 percent of the reopened or supplemental claim payment.
   48  In no event shall the contracts described in this paragraph
   49  exceed the limitations in paragraph (b).
   50         (b) A public adjuster may not charge, agree to, or accept
   51  from any source compensation, payment, commission, fee, or any
   52  other thing of value in excess of:
   53         1. Ten percent of the amount of insurance claim payments
   54  made by the insurer for claims based on events that are the
   55  subject of a declaration of a state of emergency by the
   56  Governor. This provision applies to claims made during the year
   57  after the declaration of emergency. After that year, the
   58  limitations in subparagraph 2. apply.
   59         2. Twenty percent of the amount of insurance claim payments
   60  made by the insurer for claims that are not based on events that
   61  are the subject of a declaration of a state of emergency by the
   62  Governor.
   63         (c)Insurance claim payments made by the insurer do not
   64  include policy deductibles, and public adjuster compensation may
   65  not be based on the deductible portion of a claim.
   66         (d)(c) Any maneuver, shift, or device through which the
   67  limits on compensation set forth in this subsection are exceeded
   68  is a violation of this chapter punishable as provided under s.
   69  626.8698.
   70         (17)(18) A public adjuster, a public adjuster apprentice,
   71  or a person acting on behalf of an adjuster or apprentice may
   72  not enter into a contract or accept a power of attorney that
   73  vests in the public adjuster, the public adjuster apprentice, or
   74  the person acting on behalf of the adjuster or apprentice the
   75  effective authority to choose the persons or entities that will
   76  perform repair work in a property insurance claim or provide
   77  goods or services that will require the insured or third-party
   78  claimant to expend funds in excess of those payable to the
   79  public adjuster under the terms of the contract for adjusting
   80  services.
   81         (18)(19) Subsections (5)-(17) (5)-(18) apply only to
   82  residential property insurance policies and condominium unit
   83  owner policies as described in s. 718.111(11).
   84         (19)Except as otherwise provided in this chapter, no
   85  person, except an attorney at law or a public adjuster, may for
   86  money, commission, or any other thing of value, directly or
   87  indirectly:
   88         (a)Prepare, complete, or file an insurance claim for an
   89  insured or a third-party claimant;
   90         (b)Act on behalf of or aid an insured or a third-party
   91  claimant in negotiating for or effecting the settlement of a
   92  claim for loss or damage covered by an insurance contract;
   93         (c)Advertise for employment as a public adjuster; or
   94         (d)Solicit, investigate, or adjust a claim on behalf of a
   95  public adjuster, an insured, or a third-party claimant.
   96         Section 6. Section 626.8541, Florida Statutes, is repealed.
   97         Section 7. Section 626.8548, Florida Statutes, is amended
   98  to read:
   99         626.8548 “All-lines adjuster” defined.—An “all-lines
  100  adjuster” is a person who, for money, commission, or any other
  101  thing of value, directly or indirectly is self-employed or
  102  employed by an insurer, a wholly owned subsidiary of an insurer,
  103  or an independent adjusting firm or other independent adjuster,
  104  and who undertakes on behalf of a public adjuster or an insurer
  105  or other insurers under common control or ownership to ascertain
  106  and determine the amount of any claim, loss, or damage payable
  107  under an insurance contract or undertakes to effect settlement
  108  of such claim, loss, or damage. The term also includes any
  109  person who, for money, commission, or any other thing of value,
  110  directly or indirectly solicits claims on behalf of a public
  111  adjuster, but does not include a paid spokesperson used as part
  112  of a written or an electronic advertisement or a person who
  113  photographs or inventories damaged personal property or business
  114  personal property if such person does not otherwise adjust,
  115  investigate, or negotiate for or attempt to effect the
  116  settlement of a claim. The term does not