Florida Senate - 2017                       CS for CS for SB 922
       
       
        
       By the Committees on Appropriations; and Banking and Insurance;
       and Senator Garcia
       
       
       
       
       576-04381-17                                           2017922c2
    1                        A bill to be entitled                      
    2         An act relating to insurance adjusters; amending s.
    3         626.015, F.S.; conforming a cross-reference; amending
    4         s. 626.854, F.S.; redefining the term “public
    5         adjuster”; deleting a certain prohibited act of a
    6         public adjuster; deleting a provision specifying the
    7         methods for an insured or claimant to provide certain
    8         notice to an insurer; providing construction relating
    9         to certain limitations on insurance claim payments and
   10         public adjuster compensation; revising a prohibition
   11         against certain entities relating to a contract or
   12         power of attorney that vests certain authority in a
   13         property insurance claim; conforming a cross
   14         reference; prohibiting persons from conducting certain
   15         activities relating to insurance claims; providing an
   16         exception for attorneys and public adjusters;
   17         repealing s. 626.8541, F.S., relating to public
   18         adjuster apprentices; amending s. 626.8548, F.S.;
   19         redefining the term “all-lines adjuster”; creating s.
   20         626.8561, F.S.; defining the term “public adjuster
   21         apprentice”; amending s. 626.8584, F.S.; redefining
   22         the term “nonresident all-lines adjuster”; amending s.
   23         626.861, F.S.; revising construction relating to
   24         employees of an insurer; amending s. 626.864, F.S.;
   25         revising the permissible appointments of all-lines
   26         adjusters; amending s. 626.865, F.S.; revising the
   27         qualifications for licensure for public adjusters;
   28         amending s. 626.8651, F.S.; requiring public adjuster
   29         apprentices to be appointed, rather than licensed, by
   30         the Department of Financial Services; specifying
   31         qualifications for such appointments; revising
   32         requirements and limitations for public adjusting
   33         firms and public adjusters who supervise public
   34         adjuster apprentices; revising certain prohibited acts
   35         and exceptions to such acts of public adjuster
   36         apprentices; conforming provisions to changes made by
   37         the act; amending s. 626.8695, F.S.; revising
   38         requirements for designating primary adjusters;
   39         redefining the term “primary adjuster”; revising the
   40         accountability of a primary adjuster for persons under
   41         his or her supervision; revising a prohibition against
   42         an adjusting firm location conducting insurance
   43         business under certain circumstances; revising
   44         procedures for an adjusting firm to determine a
   45         person’s current licensure status; repealing s.
   46         626.872, F.S., relating to all-lines adjuster
   47         temporary licenses; amending s. 626.874, F.S.;
   48         revising conditions for the department to issue
   49         adjuster licenses in the event of catastrophes or
   50         emergencies; amending s. 626.875, F.S.; revising the
   51         minimum time period for a records retention
   52         requirement for adjusters; amending s. 626.876, F.S.;
   53         revising certain prohibitions relating to exclusive
   54         employment of public adjusters and specified all-lines
   55         adjusters; repealing s. 626.879, F.S., relating to
   56         pools of insurance adjusters; providing an effective
   57         date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (1) of section 626.015, Florida
   62  Statutes, is amended to read:
   63         626.015 Definitions.—As used in this part:
   64         (1) “Adjuster” means a public adjuster as defined in s.
   65  626.854, a public adjuster apprentice as defined in s. 626.8541,
   66  or an all-lines adjuster as defined in s. 626.8548.
   67         Section 2. Present subsections (7) through (19) of section
   68  626.854, Florida Statutes, are renumbered as subsections (6)
   69  through (18), respectively, subsection (1) and present
   70  subsections (6), (7), (11), (18), and (19) are amended, and a
   71  new subsection (19) is added to that section, to read:
   72         626.854 “Public adjuster” defined; prohibitions.—The
   73  Legislature finds that it is necessary for the protection of the
   74  public to regulate public insurance adjusters and to prevent the
   75  unauthorized practice of law.
   76         (1) A “public adjuster” is any person, except a duly
   77  licensed attorney at law as exempted under s. 626.860, who, for
   78  money, commission, or any other thing of value, directly or
   79  indirectly prepares, completes, or files an insurance claim form
   80  for an insured or third-party claimant or who, for money,
   81  commission, or any other thing of value, acts on behalf of, or
   82  aids an insured or third-party claimant in negotiating for or
   83  effecting the settlement of a claim or claims for loss or damage
   84  covered by an insurance contract or who advertises for
   85  employment as an adjuster of such claims. The term also includes
   86  any person who, for money, commission, or any other thing of
   87  value, directly or indirectly solicits, investigates, or adjusts
   88  such claims on behalf of a public adjuster, an insured, or a
   89  third-party claimant. The term does not include a person who
   90  photographs or inventories damaged personal property or business
   91  personal property or a person performing duties under another
   92  professional license, if such person does not otherwise solicit,
   93  adjust, investigate, or negotiate for or attempt to effect the
   94  settlement of a claim.
   95         (6)A public adjuster may not directly or indirectly
   96  through any other person or entity initiate contact or engage in
   97  face-to-face or telephonic solicitation or enter into a contract
   98  with any insured or claimant under an insurance policy until at
   99  least 48 hours after the occurrence of an event that may be the
  100  subject of a claim under the insurance policy unless contact is
  101  initiated by the insured or claimant.
  102         (6)(7) An insured or claimant may cancel a public
  103  adjuster’s contract to adjust a claim without penalty or
  104  obligation within 3 business days after the date on which the
  105  contract is executed or within 3 business days after the date on
  106  which the insured or claimant has notified the insurer of the
  107  claim, by phone or in writing, whichever is later. The public
  108  adjuster’s contract must disclose to the insured or claimant his
  109  or her right to cancel the contract and advise the insured or
  110  claimant that notice of cancellation must be submitted in
  111  writing and sent by certified mail, return receipt requested, or
  112  other form of mailing that provides proof thereof, to the public
  113  adjuster at the address specified in the contract; provided,
  114  during any state of emergency as declared by the Governor and
  115  for 1 year after the date of loss, the insured or claimant has 5
  116  business days after the date on which the contract is executed
  117  to cancel a public adjuster’s contract.
  118         (10)(a)(11)(a) If a public adjuster enters into a contract
  119  with an insured or claimant to reopen a claim or file a
  120  supplemental claim that seeks additional payments for a claim
  121  that has been previously paid in part or in full or settled by
  122  the insurer, the public adjuster may not charge, agree to, or
  123  accept from any source compensation, payment, commission, fee,
  124  or any other thing of value based on a previous settlement or
  125  previous claim payments by the insurer for the same cause of
  126  loss. The charge, compensation, payment, commission, fee, or any
  127  other thing of value must be based only on the claim payments or
  128  settlement obtained through the work of the public adjuster
  129  after entering into the contract with the insured or claimant.
  130  Compensation for the reopened or supplemental claim may not
  131  exceed 20 percent of the reopened or supplemental claim payment.
  132  In no event shall the contracts described in this paragraph
  133  exceed the limitations in paragraph (b).
  134         (b) A public adjuster may not charge, agree to, or accept
  135  from any source compensation, payment, commission, fee, or any
  136  other thing of value in excess of:
  137         1. Ten percent of the amount of insurance claim payments
  138  made by the insurer for claims based on events that are the
  139  subject of a declaration of a state of emergency by the
  140  Governor. This provision applies to claims made during the year
  141  after the declaration of emergency. After that year, the
  142  limitations in subparagraph 2. apply.
  143         2. Twenty percent of the amount of insurance claim payments
  144  made by the insurer for claims that are not based on events that
  145  are the subject of a declaration of a state of emergency by the
  146  Governor.
  147         (c)Insurance claim payments made by the insurer do not
  148  include policy deductibles, and public adjuster compensation may
  149  not be based on the deductible portion of a claim.
  150         (d)(c) Any maneuver, shift, or device through which the
  151  limits on compensation set forth in this subsection are exceeded
  152  is a violation of this chapter punishable as provided under s.
  153  626.8698.
  154         (17)(18) A public adjuster, a public adjuster apprentice,
  155  or a person acting on behalf of an adjuster or apprentice may
  156  not enter into a contract or accept a power of attorney that
  157  vests in the public adjuster, the public adjuster apprentice, or
  158  the person acting on behalf of the adjuster or apprentice the
  159  effective authority to choose the persons or entities that will
  160  perform repair work in a property insurance claim or provide
  161  goods or services that will require the insured or third-party
  162  claimant to expend funds in excess of those payable to the
  163  public adjuster under the terms of the contract for adjusting
  164  services.
  165         (18)(19) Subsections (5)-(17) (5)-(18) apply only to
  166  residential property insurance policies and condominium unit
  167  owner policies as described in s. 718.111(11).
  168         (19)Except as otherwise provided in this chapter, no
  169  person, except an attorney at law or a public adjuster, may for
  170  money, commission, or any other thing of value, directly or
  171  indirectly:
  172         (a)Prepare, complete, or file an insurance claim for an
  173  insured or a third-party claimant;
  174         (b)Act on behalf of or aid an insured or a third-party
  175  claimant in negotiating for or effecting the settlement of a
  176  claim for loss or damage covered by an insurance contract;
  177         (c)Advertise for employment as a public adjuster; or
  178         (d)Solicit, investigate, or adjust a claim on behalf of a
  179  public adjuster, an insured, or a third-party claimant.
  180         Section 3. Section 626.8541, Florida Statutes, is repealed.
  181         Section 4. Section 626.8548, Florida Statutes, is amended
  182  to read:
  183         626.8548 “All-lines adjuster” defined.—An “all-lines
  184  adjuster” is a person who, for money, commission, or any other
  185  thing of value, directly or indirectly is self-employed or
  186  employed by an insurer, a wholly owned subsidiary of an insurer,
  187  or an independent adjusting firm or other independent adjuster,
  188  and who undertakes on behalf of a public adjuster or an insurer
  189  or other insurers under common control or ownership to ascertain
  190  and determine the amount of any claim, loss, or damage payable
  191  under an insurance contract or undertakes to effect settlement
  192  of such claim, loss, or damage. The term also includes any
  193  person who, for money, commission, or any other thing of value,
  194  directly or indirectly solicits claims on behalf of a public
  195  adjuster, but does not include a paid spokesperson used as part
  196  of a written or an electronic advertisement or a person who
  197  photographs or inventories damaged personal property or business
  198  personal property if such person does not otherwise adjust,
  199  investigate, or negotiate for or attempt to effect the
  200  settlement of a claim. The term does not apply to life insurance
  201  or annuity contracts.
  202         Section 5. Section 626.8561, Florida Statutes, is created
  203  to read:
  204         626.8561“Public adjuster apprentice” defined.—The term
  205  “public adjuster apprentice” means a person licensed as an all
  206  lines adjuster who:
  207         (1)Is appointed and employed or contracted by a public
  208  adjuster or a public adjusting firm;
  209         (2)Assists the public adjuster or public adjusting firm in
  210  ascertaining and determining the amount of any claim, loss, or
  211  damage payable under an insurance contract, or who undertakes to
  212  effect settlement of such claim, loss, or damage; and
  213         (3)Satisfies the requirements of s. 626.8651.
  214         Section 6. Subsection (3) of section 626.8584, Florida
  215  Statutes, is amended to read:
  216         626.8584 “Nonresident all-lines adjuster” defined.—A
  217  “nonresident all-lines adjuster” means a person who:
  218         (3) Is licensed as an all-lines adjuster and self-appointed
  219  or appointed and employed or contracted by an independent
  220  adjusting firm or other independent adjuster, by an insurer
  221  admitted to do business in this state or a wholly owned
  222  subsidiary of an insurer admitted to do business in this state,
  223  or by a public adjuster or a public adjusting firm other
  224  insurers under the common control or ownership of such insurer.
  225         Section 7. Subsection (1) of section 626.861, Florida
  226  Statutes, is amended to read:
  227         626.861 Insurer’s officers, insurer’s employees, reciprocal
  228  insurer’s representatives; adjustments by.—
  229         (1) Nothing in This part may not shall be construed to
  230  prevent an executive officer of any insurer, an or a regularly
  231  salaried employee of an insurer handling claims with respect to
  232  health insurance, an employee of an insurer handling claims with
  233  respect to residential property insurance in which the amount of
  234  coverage for the applicable type of loss is contractually
  235  limited to $500 or less, or the duly designated attorney or
  236  agent authorized and acting for subscribers to reciprocal
  237  insurers, from adjusting any claim loss or damage under any
  238  insurance contract of such insurer.
  239         Section 8. Subsection (3) of section 626.864, Florida
  240  Statutes, is amended to read:
  241         626.864 Adjuster license types.—
  242         (3) An all-lines adjuster may be appointed as an
  243  independent adjuster, public adjuster apprentice, or company
  244  employee adjuster, but not more than one of these both
  245  concurrently.
  246         Section 9. Paragraphs (d) and (e) of subsection (1) of
  247  section 626.865, Florida Statutes, are amended to read:
  248         626.865 Public adjuster’s qualifications, bond.—
  249         (1) The department shall issue a license to an applicant
  250  for a public adjuster’s license upon determining that the
  251  applicant has paid the applicable fees specified in s. 624.501
  252  and possesses the following qualifications:
  253         (d) Has had sufficient experience, training, or instruction
  254  concerning the adjusting of damages or losses under insurance
  255  contracts, other than life and annuity contracts, is
  256  sufficiently informed as to the terms and effects of the
  257  provisions of those types of insurance contracts, and possesses
  258  adequate knowledge of the laws of this state relating to such
  259  contracts as to enable and qualify him or her to engage in the
  260  business of insurance adjuster fairly and without injury to the
  261  public or any member thereof with whom the applicant may have
  262  business as a public adjuster, or has been licensed and employed
  263  as a resident insurance company adjuster or independent adjuster
  264  in this state on a continual basis for the past year.
  265         (e) Has been licensed in this state as an all-lines
  266  adjuster, and has been appointed on a continual basis for the
  267  previous 6 months Is licensed as a public adjuster apprentice
  268  under s. 626.8561, as an independent adjuster under s. 626.855,
  269  or as a company employee adjuster under s. 626.856 under s.
  270  626.8651 and complies with the requirements of that license
  271  throughout the licensure period.
  272         Section 10. Section 626.8651, Florida Statutes, is amended
  273  to read:
  274         626.8651 Public adjuster apprentice appointment license;
  275  qualifications.—
  276         (1)(a) The department shall issue an appointment a license
  277  as a public adjuster apprentice to a licensee an applicant who
  278  is:
  279         1.Is licensed as an all-lines adjuster under s. 626.866;
  280         2.Has filed with the department a bond executed and issued
  281  by a surety insurer that is authorized to transact such business
  282  in this state in the amount of $50,000, which is conditioned
  283  upon the faithful performance of his or her duties as a public
  284  adjuster apprentice; and
  285         3.Maintains such bond unimpaired throughout the existence
  286  of the appointment and for at least 1 year after termination of
  287  the appointment.
  288         (b)The bond must be in favor of the department and must
  289  specifically authorize recovery by the department of the damages
  290  sustained in case the licensee commits fraud or unfair practices
  291  in connection with his or her business as a public adjuster
  292  apprentice. The aggregate liability of the surety for all such
  293  damages may not exceed the amount of the bond, and the bond may
  294  not be terminated by the issuing insurer unless written notice
  295  of at least 30 days is given to the licensee and filed with the
  296  department.
  297         (a)A natural person at least 18 years of age.
  298         (b)A United States citizen or legal alien who possesses
  299  work authorization from the United States Bureau of Citizenship
  300  and Immigration Services.
  301         (c)Trustworthy and has such business reputation as would
  302  reasonably ensure that the applicant will conduct business as a
  303  public adjuster apprentice fairly and in good faith and without
  304  detriment to the public.
  305         (2)All applicable license fees, as prescribed in s.
  306  624.501, must be paid in full before issuance of the license.
  307         (3)An applicant must pass the required written examination
  308  before a license may be issued.
  309         (4)An applicant must have received designation as an
  310  Accredited Claims Adjuster (ACA), as a Certified Adjuster (CA),
  311  or as a Certified Claims Adjuster (CCA) after completion of
  312  training that qualifies the applicant to engage in the business
  313  of a public adjuster apprentice fairly and without injury to the
  314  public. Such training and instruction must address adjusting
  315  damages and losses under insurance contracts, the terms and
  316  effects of insurance contracts, and knowledge of the laws of
  317  this state relating to insurance contracts.
  318         (5)At the time of application for license as a public
  319  adjuster apprentice, the applicant shall file with the
  320  department a bond executed and issued by a surety insurer
  321  authorized to transact such business in this state in the amount
  322  of $50,000, conditioned upon the faithful performance of his or
  323  her duties as a public adjuster apprentice under the license for
  324  which the applicant has applied, and thereafter maintain the
  325  bond unimpaired throughout the existence of the license and for
  326  at least 1 year after termination of the license. The bond shall
  327  be in favor of the department and shall specifically authorize
  328  recovery by the department of the damages sustained in case the
  329  licensee commits fraud or unfair practices in connection with
  330  his or her business as a public adjuster apprentice. The
  331  aggregate liability of the surety for all such damages may not
  332  exceed the amount of the bond, and the bond may not be
  333  terminated by the issuing insurer unless written notice of at
  334  least 30 days is given to the licensee and filed with the
  335  department.
  336         (6)A public adjuster apprentice shall complete at a
  337  minimum 100 hours of employment per month for 12 months of
  338  employment under the supervision of a licensed and appointed
  339  all-lines public adjuster in order to qualify for licensure as a
  340  public adjuster. The department may adopt rules that establish
  341  standards for such employment requirements.
  342         (2)(7) An appointing public adjusting firm may not maintain
  343  more than four 12 public adjuster apprentices simultaneously.
  344  However, a supervising public adjuster may not be responsible
  345  for more than one three public adjuster apprentice apprentices
  346  simultaneously and shall be accountable for the acts of the all
  347  public adjuster apprentice apprentices which are related to
  348  transacting business as a public adjuster apprentice. This
  349  subsection does not apply to a public adjusting firm that
  350  adjusts claims primarily for commercial entities with operations
  351  in more than one state and that does not directly or indirectly
  352  perform adjusting services for insurers or individual
  353  homeowners.
  354         (8)An apprentice license is effective for 18 months unless
  355  the license expires due to lack of maintaining an appointment;
  356  is surrendered by the licensee; is terminated, suspended, or
  357  revoked by the department; or is canceled by the department upon
  358  issuance of a public adjuster license. The department may not
  359  issue a public adjuster apprentice license to any individual who
  360  has held such a license in this state within 2 years after
  361  expiration, surrender, termination, revocation, or cancellation
  362  of the license.
  363         (9)After completing the requirements for employment as a
  364  public adjuster apprentice, the licensee may file an application
  365  for a public adjuster license. The applicant and supervising
  366  public adjuster or public adjusting firm must each file a sworn
  367  affidavit, on a form prescribed by the department, verifying
  368  that the employment of the public adjuster apprentice meets the
  369  requirements of this section.
  370         (10)In no event shall A public adjuster apprentice
  371  licensed under this section perform any of the functions for
  372  which a public adjuster’s license is required after expiration
  373  of the public adjuster apprentice license without having
  374  obtained a public adjuster license.
  375         (3)(11) A public adjuster apprentice has the same authority
  376  as the licensed public adjuster or public adjusting firm that
  377  employs the apprentice except that an apprentice may not execute
  378  contracts for the services of a public adjuster or public
  379  adjusting firm and may not solicit contracts for the services
  380  except under the direct supervision and guidance of the
  381  supervisory public adjuster. An individual may not be, act as,
  382  or hold himself or herself out to be a public adjuster
  383  apprentice unless the individual is licensed as an all-lines
  384  adjuster and holds a current appointment by a licensed public
  385  all-lines adjuster or a public adjusting firm that employs a
  386  licensed all-lines public adjuster.
  387         Section 11. Section 626.8695, Florida Statutes, is amended
  388  to read:
  389         626.8695 Primary adjuster.—
  390         (1) Each business location established by an adjuster,
  391  person operating an adjusting firm, a corporation, or an
  392  association and each location of a multiple location adjusting
  393  firm must designate with the department a primary adjuster who
  394  is licensed and appointed to adjust the insurance claims
  395  adjusted by the business location.
  396         (2)An adjusting firm and each of its branch firms shall
  397  designate a primary adjuster for each such firm or location and
  398  must file with the department, at the department’s designated
  399  website, the name and license number of such primary adjuster
  400  and the physical address of the adjusting firm or branch firm
  401  location where he or she is the primary adjuster, on a form
  402  approved by the department. The designation of the primary
  403  adjuster may be changed at the option of the adjusting firm. Any
  404  such change is effective upon notification to the department.
  405  Notice of change must be provided sent to the department within
  406  30 days after such change.
  407         (3)(2)(a) For purposes of this section, a “primary
  408  adjuster” is the licensed adjuster who is responsible for the
  409  hiring and supervision of all individuals within an adjusting
  410  firm location who act deal with the public and who acts in the
  411  capacity of a public adjuster as defined in s. 626.854, or an
  412  independent adjuster as defined in this chapter s. 626.855. An
  413  adjuster may be designated as a primary adjuster for more than
  414  only one adjusting firm location provided no person engages in
  415  activity requiring licensure as an adjuster at any location when
  416  an adjuster is not physically present.
  417         (4)(b) For purposes of this section, an “adjusting firm” is
  418  a location where an independent or public adjuster is engaged in
  419  the business of insurance.
  420         (5)(3) The department may suspend or revoke the license of
  421  the primary adjuster if the adjusting firm employs or contracts
  422  any person who has had a license denied or any person whose
  423  license is currently suspended or revoked. However, if a person
  424  has been denied a license for failure to pass a required
  425  examination, he or she may be employed or contracted to perform
  426  clerical or administrative functions for which licensure is not
  427  required.
  428         (6)(4) The primary adjuster in an unincorporated adjusting
  429  firm, or the primary adjuster in an incorporated adjusting firm
  430  in which no officer, director, or stockholder is an adjuster, is
  431  responsible and accountable for misconduct or violations of this
  432  code committed by the primary adjuster or by any other person
  433  the acts of salaried employees under his or her direct
  434  supervision and control while acting on behalf of the adjusting
  435  firm. This section does not render a primary adjuster Nothing in
  436  this section renders any person criminally liable for an or
  437  subject to any disciplinary proceedings for any act unless the
  438  primary adjuster person personally committed the act or knew or
  439  should have known of the act and of the facts constituting a
  440  violation of this code.
  441         (7)(5) The department may suspend or revoke the license of
  442  any adjuster who is employed or contracted by a person whose
  443  license is currently suspended or revoked.
  444         (8)(6) An adjusting firm location may not conduct the
  445  business of insurance unless a primary adjuster is designated
  446  and provides services to the firm at all times. If the Failure
  447  of the person operating the adjusting firm to designate a
  448  primary adjuster designated with the department ends his or her
  449  affiliation with the firm for any reason and if the firm fails
  450  to designate another primary adjuster, as required in subsection
  451  (2), within 90 days, the firm license automatically expires on
  452  the 91st day after the date the designated primary adjuster
  453  ended his or her affiliation with for the firm, or for each
  454  location, as applicable, on a form prescribed by the department
  455  within 30 days after inception of the firm or change of primary
  456  adjuster designation, constitutes grounds for requiring the
  457  adjusting firm to obtain an adjusting firm license pursuant to
  458  s. 626.8696.
  459         (9)(7) Any adjusting firm may determine a request, on a
  460  form prescribed by the department, verification from the
  461  department of any person’s current licensure status by
  462  submitting an appointment request. If a request is mailed to the
  463  office within 5 working days after the date an adjuster is
  464  hired. If, and the department subsequently notifies the
  465  adjusting firm that its appointee’s an employee’s license is
  466  currently suspended, revoked, or has been denied, the license of
  467  the primary adjuster may shall not be revoked or suspended if
  468  the unlicensed person is immediately dismissed from employment
  469  as an adjuster with the firm.
  470         Section 12. Section 626.872, Florida Statutes, is repealed.
  471         Section 13. Subsection (1) of section 626.874, Florida
  472  Statutes, is amended to read:
  473         626.874 Catastrophe or emergency adjusters.—
  474         (1) In the event of a catastrophe or emergency, the
  475  department may issue a license, for the purposes and under the
  476  conditions and for the period of emergency as it shall
  477  determine, to persons who are residents or nonresidents of this
  478  state, who are at least 18 years of age, who are United States
  479  citizens or legal aliens who possess work authorization from the
  480  United States Bureau of Citizenship and Immigration Services,
  481  and who are not licensed adjusters under this part but who have
  482  been designated and certified to it as qualified to act as
  483  adjusters by all-lines resident adjusters, by an authorized
  484  insurer, or by a licensed general lines agent to adjust claims,
  485  losses, or damages under policies or contracts of insurance
  486  issued by such insurers, or by the primary adjuster of an
  487  independent adjusting firm contracted with an authorized insurer
  488  to adjust claims on behalf of the insurer. The fee for the
  489  license is as provided in s. 624.501(12)(c).
  490         Section 14. Subsection (2) of section 626.875, Florida
  491  Statutes, is amended to read:
  492         626.875 Office and records.—
  493         (2) The records of the adjuster relating to a particular
  494  claim or loss shall be so retained in the adjuster’s place of
  495  business for a period of not less than 5 3 years after
  496  completion of the adjustment. This provision shall not be deemed
  497  to prohibit return or delivery to the insurer or insured of
  498  documents furnished to or prepared by the adjuster and required
  499  by the insurer or insured to be returned or delivered thereto.
  500         Section 15. Section 626.876, Florida Statutes, is amended
  501  to read:
  502         626.876 Exclusive employment; public adjusters, all-lines
  503  independent adjusters.—
  504         (1) An individual licensed and appointed as a public
  505  adjuster may not be simultaneously licensed as an all-lines
  506  adjuster employed during the same period by more than one public
  507  adjuster or public adjuster firm or corporation.
  508         (2) An individual licensed as an all-lines adjuster and
  509  appointed as an independent adjuster, a company employee
  510  adjuster, or a public adjuster apprentice may not be
  511  simultaneously appointed, contracted, or employed as an adjuster
  512  that requires a different appointment type during the same
  513  period by more than one independent adjuster or independent
  514  adjuster firm or corporation.
  515         Section 16. Section 626.879, Florida Statutes, is repealed.
  516         Section 17. This act shall take effect January 1, 2018.