Florida Senate - 2017                                      SB 94
       By Senator Artiles
       40-00229-17                                             201794__
    1                        A bill to be entitled                      
    2         An act relating to property insurance appraisers and
    3         property insurance appraisal umpires; amending s.
    4         624.04, F.S.; revising the definition of the term
    5         “person”; amending s. 624.303, F.S.; exempting
    6         certificates issued to property insurance appraisal
    7         umpires from the requirement to bear a seal of the
    8         Department of Financial Services; amending s. 624.311,
    9         F.S.; providing a schedule for destruction of property
   10         insurance appraisal umpire licensing files and
   11         records; amending s. 624.317, F.S.; authorizing the
   12         department to investigate property insurance appraisal
   13         umpires for violations of the insurance code; amending
   14         s. 624.501, F.S.; authorizing specified fees for
   15         property insurance appraisal umpires; amending s.
   16         624.523, F.S.; requiring fees associated with property
   17         insurance appraisal umpires’ appointments to be
   18         deposited into the Insurance Regulatory Trust Fund;
   19         amending s. 626.015, F.S.; providing a definition;
   20         amending s. 626.016, F.S.; revising the scope of the
   21         Chief Financial Officer’s powers and duties and the
   22         department’s enforcement jurisdiction to include
   23         umpires; amending s. 626.022, F.S.; including property
   24         insurance appraisal umpire licensing in the scope of
   25         part I of ch. 626, F.S., relating to licensing
   26         procedures; amending s. 626.112, F.S.; requiring
   27         umpires to be licensed and appointed; requiring
   28         licensure as an adjuster when serving as an appraiser
   29         under certain conditions; prohibiting certain
   30         disqualified persons from acting or serving as an
   31         umpire or appraiser; amending s. 626.171, F.S.;
   32         requiring a specified application and payment of fees
   33         for an umpire license; requiring applicants for
   34         licensure as an umpire to submit fingerprints to the
   35         department; amending s. 626.207, F.S.; providing that
   36         s. 112.011, F.S., relating to disqualification from
   37         licensure or public employment does not apply to
   38         applicants for licensure as umpires; amending s.
   39         626.2815, F.S.; requiring specified continuing
   40         education for licensure as an umpire; revising
   41         applicability; amending s. 626.451, F.S.; providing
   42         requirements relating to the appointment of an umpire;
   43         amending s. 626.461, F.S.; providing that an umpire
   44         appointment continues in effect, subject to certain
   45         conditions, until the person’s license is revoked or
   46         otherwise terminated; amending s. 626.521, F.S.;
   47         authorizing the department to obtain a credit and
   48         character report for certain umpire applicants;
   49         amending s. 626.541, F.S.; requiring an umpire to
   50         provide certain information to the department when
   51         doing business under a different business name or when
   52         information in the licensure application changes;
   53         amending s. 626.601, F.S.; authorizing the department
   54         to investigate improper conduct of any licensed
   55         umpire; amending s. 626.611, F.S.; requiring the
   56         department to refuse, suspend, or revoke an umpire’s
   57         license under certain circumstances; amending s.
   58         626.621, F.S.; authorizing the department to refuse,
   59         suspend, or revoke an umpire’s license under certain
   60         circumstances; amending s. 626.641, F.S.; prohibiting
   61         an umpire from certain transactions, business,
   62         ownership, control, or employment during the period
   63         the umpire’s license is suspended or revoked; amending
   64         ss. 626.7845, 626.8305, and 626.8411, F.S.; conforming
   65         cross-references; amending s. 626.8443, F.S.;
   66         prohibiting a title insurance agent from certain
   67         transactions, business, ownership, control, or
   68         employment during the period the agent’s license is
   69         suspended or revoked; amending s. 626.854, F.S.;
   70         providing limitations on fees charged by a public
   71         adjuster during an appraisal; creating s. 626.8791,
   72         F.S.; establishing required notice in a contract for
   73         appraisal services; amending s. 626.9957, F.S.;
   74         conforming a cross-reference; creating part XIV of ch.
   75         626, F.S., relating to property insurance appraisal
   76         umpires; creating s. 626.9961, F.S.; providing a short
   77         title; creating s. 626.9962, F.S.; providing
   78         legislative findings; creating s. 626.9963, F.S.;
   79         providing that part XIV supplements part I of ch. 626,
   80         F.S., the “Licensing Procedures Law”; creating s.
   81         626.9964, F.S.; providing definitions; creating s.
   82         626.9965, F.S.; providing qualifications for license
   83         as an umpire; prohibiting the department from
   84         rejecting an application solely on specified grounds;
   85         creating s. 626.9966, F.S.; authorizing the department
   86         to refuse, suspend, or revoke an umpire’s license
   87         under certain circumstances; creating s. 626.9967,
   88         F.S.; providing ethical standards for property
   89         insurance appraisal umpires; creating s. 626.9968,
   90         F.S.; providing for disqualification of an umpire
   91         under certain circumstances; repealing s. 627.70151,
   92         F.S., relating to appraisal conflicts of interest;
   93         providing an appropriation and authorizing positions;
   94         providing applicability; providing an effective date.
   96  Be It Enacted by the Legislature of the State of Florida:
   98         Section 1. Section 624.04, Florida Statutes, is amended to
   99  read:
  100         624.04 “Person” defined.—“Person” includes an individual,
  101  insurer, company, association, organization, Lloyds, society,
  102  reciprocal insurer or interinsurance exchange, partnership,
  103  syndicate, business trust, corporation, agent, general agent,
  104  broker, service representative, adjuster, property insurance
  105  appraisal umpire, and every legal entity.
  106         Section 2. Subsection (2) of section 624.303, Florida
  107  Statutes, is amended to read:
  108         624.303 Seal; certified copies as evidence.—
  109         (2) All certificates executed by the department or office,
  110  other than licenses of agents, property insurance appraisal
  111  umpires, or adjusters, or similar licenses or permits, shall
  112  bear its respective seal.
  113         Section 3. Paragraphs (b) and (c) of subsection (4) of
  114  section 624.311, Florida Statutes, are amended to read:
  115         624.311 Records; reproductions; destruction.—
  116         (4) To facilitate the efficient use of floor space and
  117  filing equipment in its offices, the department, commission, and
  118  office may each destroy the following records and documents
  119  pursuant to chapter 257:
  120         (b) Agent, adjuster, property insurance appraisal umpire,
  121  and similar license files, including license files of the
  122  Division of State Fire Marshal, over 2 years old; except that
  123  the department or office shall preserve by reproduction or
  124  otherwise a copy of the original records upon the basis of which
  125  each such licensee qualified for her or his initial license,
  126  except a competency examination, and of any disciplinary
  127  proceeding affecting the licensee;
  128         (c) All agent, adjuster, property insurance appraisal
  129  umpire, and similar license files and records, including
  130  original license qualification records and records of
  131  disciplinary proceedings 5 years after a licensee has ceased to
  132  be qualified for a license;
  133         Section 4. Subsection (1) of section 624.317, Florida
  134  Statutes, is amended to read:
  135         624.317 Investigation of agents, adjusters, property
  136  insurance appraisal umpires, administrators, service companies,
  137  and others.—If it has reason to believe that any person has
  138  violated or is violating any provision of this code, or upon the
  139  written complaint signed by any interested person indicating
  140  that any such violation may exist:
  141         (1) The department shall conduct such investigation as it
  142  deems necessary of the accounts, records, documents, and
  143  transactions pertaining to or affecting the insurance affairs of
  144  any general agent, surplus lines agent, adjuster, property
  145  insurance appraisal umpire, managing general agent, insurance
  146  agent, insurance agency, customer representative, service
  147  representative, or other person subject to its jurisdiction,
  148  subject to the requirements of s. 626.601.
  149         Section 5. Paragraph (c) of subsection (19) and subsection
  150  (28) of section 624.501, Florida Statutes, are amended, and a
  151  new subsection (29) is added to that section, to read:
  152         624.501 Filing, license, appointment, and miscellaneous
  153  fees.—The department, commission, or office, as appropriate,
  154  shall collect in advance, and persons so served shall pay to it
  155  in advance, fees, licenses, and miscellaneous charges as
  156  follows:
  157         (19) Miscellaneous services:
  158         (c) For preparing lists of agents, adjusters, property
  159  insurance appraisal umpires, and other insurance
  160  representatives, and for other miscellaneous services, such
  161  reasonable charge as may be fixed by the office or department.
  162         (28) Late filing of appointment renewals for agents,
  163  adjusters, property insurance appraisal umpires, and other
  164  insurance representatives, each appointment	$20.00
  165         (29)Property insurance appraisal umpires:
  166         (a)Property insurance appraisal umpire’s appointment and
  167  biennial renewal or continuation thereof, each appointment
  168  ..........................................................$60.00
  169         (b)Fee to cover actual cost of a credit report when such
  170  report must be secured by the department.
  171         Section 6. Paragraph (e) of subsection (1) of section
  172  624.523, Florida Statutes, is amended to read:
  173         624.523 Insurance Regulatory Trust Fund.—
  174         (1) There is created in the State Treasury a trust fund
  175  designated “Insurance Regulatory Trust Fund” to which shall be
  176  credited all payments received on account of the following
  177  items:
  178         (e) All payments received on account of items provided for
  179  under respective provisions of s. 624.501, as follows:
  180         1. Subsection (1) (certificate of authority of insurer).
  181         2. Subsection (2) (charter documents of insurer).
  182         3. Subsection (3) (annual license tax of insurer).
  183         4. Subsection (4) (annual statement of insurer).
  184         5. Subsection (5) (application fee for insurance
  185  representatives).
  186         6. The “appointment fee” portion of any appointment
  187  provided for under paragraphs (6)(a) and (b) (insurance
  188  representatives, property, marine, casualty and surety
  189  insurance, and agents).
  190         7. Paragraph (6)(c) (nonresident agents).
  191         8. Paragraph (6)(d) (service representatives).
  192         9. The “appointment fee” portion of any appointment
  193  provided for under paragraph (7)(a) (life insurance agents,
  194  original appointment, and renewal or continuation of
  195  appointment).
  196         10. Paragraph (7)(b) (nonresident agent license).
  197         11. The “appointment fee” portion of any appointment
  198  provided for under paragraph (8)(a) (health insurance agents,
  199  agent’s appointment, and renewal or continuation fee).
  200         12. Paragraph (8)(b) (nonresident agent appointment).
  201         13. The “appointment fee” portion of any appointment
  202  provided for under subsections (9) and (10) (limited licenses
  203  and fraternal benefit society agents).
  204         14. Subsection (11) (surplus lines agent).
  205         15. Subsection (12) (adjusters’ appointment).
  206         16. Subsection (13) (examination fee).
  207         17. Subsection (14) (temporary license and appointment as
  208  agent or adjuster).
  209         18. Subsection (15) (reissuance, reinstatement, etc.).
  210         19. Subsection (16) (additional license continuation fees).
  211         20. Subsection (17) (filing application for permit to form
  212  insurer).
  213         21. Subsection (18) (license fee of rating organization).
  214         22. Subsection (19) (miscellaneous services).
  215         23. Subsection (20) (insurance agencies).
  216         24.Subsection (29) (property insurance appraisal umpire’s
  217  appointment).
  218         Section 7. Subsections (16) through (19) of section
  219  626.015, Florida Statutes, are renumbered as subsections (17)
  220  through (20), respectively, and a new subsection (16) is added
  221  to that section, to read:
  222         626.015 Definitions.—As used in this part:
  223         (16)“Property insurance appraisal umpire” or “umpire”
  224  means a property insurance appraisal umpire as defined in s.
  225  626.9964.
  226         Section 8. Subsection (1) of section 626.016, Florida
  227  Statutes, is amended to read:
  228         626.016 Powers and duties of department, commission, and
  229  office.—
  230         (1) The powers and duties of the Chief Financial Officer
  231  and the department specified in this part apply only with
  232  respect to insurance agents, insurance agencies, managing
  233  general agents, insurance adjusters, umpires, reinsurance
  234  intermediaries, viatical settlement brokers, customer
  235  representatives, service representatives, and agencies.
  236         Section 9. Subsection (1) of section 626.022, Florida
  237  Statutes, is amended to read:
  238         626.022 Scope of part.—
  239         (1) This part applies as to insurance agents, service
  240  representatives, adjusters, umpires, and insurance agencies; as
  241  to any and all kinds of insurance; and as to stock insurers,
  242  mutual insurers, reciprocal insurers, and all other types of
  243  insurers, except that:
  244         (a) It does not apply as to reinsurance, except that ss.
  245  626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
  246  626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541
  247  626.591, and ss. 626.601-626.711 shall apply as to reinsurance
  248  intermediaries as defined in s. 626.7492.
  249         (b) The applicability of this chapter as to fraternal
  250  benefit societies shall be as provided in chapter 632.
  251         (c) It does not apply to a bail bond agent, as defined in
  252  s. 648.25, except as provided in chapter 648 or chapter 903.
  253         (d) This part does not apply to a certified public
  254  accountant licensed under chapter 473 who is acting within the
  255  scope of the practice of public accounting, as defined in s.
  256  473.302, provided that the activities of the certified public
  257  accountant are limited to advising a client of the necessity of
  258  obtaining insurance, the amount of insurance needed, or the line
  259  of coverage needed, and provided that the certified public
  260  accountant does not directly or indirectly receive or share in
  261  any commission or referral fee.
  262         Section 10. Subsections (6) through (9) of section 626.112,
  263  Florida Statutes, are renumbered as subsections (9) through
  264  (12), respectively, subsection (1) is amended, and new
  265  subsections (6), (7), and (8) are added to that section, to
  266  read:
  267         626.112 License and appointment required; agents, customer
  268  representatives, adjusters, umpires, insurance agencies, service
  269  representatives, managing general agents.—
  270         (1)(a) No person may be, act as, or advertise or hold
  271  himself or herself out to be an insurance agent, insurance
  272  adjuster, or customer representative unless he or she is
  273  currently licensed by the department and appointed by an
  274  appropriate appointing entity or person.
  275         (b) Except as provided in subsection (9) (6) or in
  276  applicable department rules, and in addition to other conduct
  277  described in this chapter with respect to particular types of
  278  agents, a license as an insurance agent, service representative,
  279  customer representative, or limited customer representative is
  280  required in order to engage in the solicitation of insurance.
  281  For purposes of this requirement, as applicable to any of the
  282  license types described in this section, the solicitation of
  283  insurance is the attempt to persuade any person to purchase an
  284  insurance product by:
  285         1. Describing the benefits or terms of insurance coverage,
  286  including premiums or rates of return;
  287         2. Distributing an invitation to contract to prospective
  288  purchasers;
  289         3. Making general or specific recommendations as to
  290  insurance products;
  291         4. Completing orders or applications for insurance
  292  products;
  293         5. Comparing insurance products, advising as to insurance
  294  matters, or interpreting policies or coverages; or
  295         6. Offering or attempting to negotiate on behalf of another
  296  person a viatical settlement contract as defined in s. 626.9911.
  298  However, an employee leasing company licensed pursuant to
  299  chapter 468 which is seeking to enter into a contract with an
  300  employer that identifies products and services offered to
  301  employees may deliver proposals for the purchase of employee
  302  leasing services to prospective clients of the employee leasing
  303  company setting forth the terms and conditions of doing
  304  business; classify employees as permitted by s. 468.529; collect
  305  information from prospective clients and other sources as
  306  necessary to perform due diligence on the prospective client and
  307  to prepare a proposal for services; provide and receive
  308  enrollment forms, plans, and other documents; and discuss or
  309  explain in general terms the conditions, limitations, options,
  310  or exclusions of insurance benefit plans available to the client
  311  or employees of the employee leasing company were the client to
  312  contract with the employee leasing company. Any advertising
  313  materials or other documents describing specific insurance
  314  coverages must identify and be from a licensed insurer or its
  315  licensed agent or a licensed and appointed agent employed by the
  316  employee leasing company. The employee leasing company may not
  317  advise or inform the prospective business client or individual
  318  employees of specific coverage provisions, exclusions, or
  319  limitations of particular plans. As to clients for which the
  320  employee leasing company is providing services pursuant to s.
  321  468.525(4), the employee leasing company may engage in
  322  activities permitted by ss. 626.7315, 626.7845, and 626.8305,
  323  subject to the restrictions specified in those sections. If a
  324  prospective client requests more specific information concerning
  325  the insurance provided by the employee leasing company, the
  326  employee leasing company must refer the prospective business
  327  client to the insurer or its licensed agent or to a licensed and
  328  appointed agent employed by the employee leasing company.
  329         (6)No person shall be, act as, or represent or hold
  330  himself or herself out to be a property insurance appraisal
  331  umpire unless he or she holds a currently effective property
  332  insurance appraisal umpire license and appointment.
  333         (7)No person shall be, act as, or represent or hold
  334  himself or herself out to be a property insurance appraiser who
  335  is eligible to represent an insured on a personal residential or
  336  commercial residential property insurance claim unless he or she
  337  holds a currently effective adjuster license and appointment or
  338  is exempt from licensure under s. 626.860. A licensed adjuster
  339  who holds an active appointment with an insurance company may
  340  not serve as an appraiser for an insured.
  341         (8)No person who is a convicted felon or disqualified
  342  under s. 626.207 may act or serve as a property insurance
  343  appraisal umpire or property insurance appraiser.
  344         Section 11. Subsections (1) and (4) of section 626.171,
  345  Florida Statutes, are amended to read:
  346         626.171 Application for license as an agent, customer
  347  representative, adjuster, umpire, service representative,
  348  managing general agent, or reinsurance intermediary.—
  349         (1) The department may not issue a license as agent,
  350  customer representative, adjuster, umpire, service
  351  representative, managing general agent, or reinsurance
  352  intermediary to any person except upon written application filed
  353  with the department, meeting the qualifications for the license
  354  applied for as determined by the department, and payment in
  355  advance of all applicable fees. The application must be made
  356  under the oath of the applicant and be signed by the applicant.
  357  An applicant may permit a third party to complete, submit, and
  358  sign an application on the applicant’s behalf, but is
  359  responsible for ensuring that the information on the application
  360  is true and correct and is accountable for any misstatements or
  361  misrepresentations. The department shall accept the uniform
  362  application for nonresident agent licensing. The department may
  363  adopt revised versions of the uniform application by rule.
  364         (4) An applicant for a license as an agent, customer
  365  representative, adjuster, umpire, service representative,
  366  managing general agent, or reinsurance intermediary must submit
  367  a set of the individual applicant’s fingerprints, or, if the
  368  applicant is not an individual, a set of the fingerprints of the
  369  sole proprietor, majority owner, partners, officers, and
  370  directors, to the department and must pay the fingerprint
  371  processing fee set forth in s. 624.501. Fingerprints shall be
  372  used to investigate the applicant’s qualifications pursuant to
  373  s. 626.201. The fingerprints shall be taken by a law enforcement
  374  agency, designated examination center, or other department
  375  approved entity. The department shall require all designated
  376  examination centers to have fingerprinting equipment and to take
  377  fingerprints from any applicant or prospective applicant who
  378  pays the applicable fee. The department may not approve an
  379  application for licensure as an agent, customer service
  380  representative, adjuster, umpire, service representative,
  381  managing general agent, or reinsurance intermediary if
  382  fingerprints have not been submitted.
  383         Section 12. Subsection (9) of section 626.207, Florida
  384  Statutes, is amended to read:
  385         626.207 Disqualification of applicants and licensees;
  386  penalties against licensees; rulemaking authority.—
  387         (9) Section 112.011 does not apply to any applicants for
  388  licensure under the Florida Insurance Code, including, but not
  389  limited to, agents, agencies, adjusters, adjusting firms,
  390  umpires, customer representatives, or managing general agents.
  391         Section 13. Subsections (1) and (2) of section 626.2815,
  392  Florida Statutes, are amended to read:
  393         626.2815 Continuing education requirements.—
  394         (1) The purpose of this section is to establish
  395  requirements and standards for continuing education courses for
  396  individuals licensed to solicit, sell, or adjust insurance or to
  397  serve as an umpire in the state.
  398         (2) Except as otherwise provided in this section, this
  399  section applies to individuals licensed to transact engage in
  400  the sale of insurance or adjust adjustment of insurance claims
  401  in this state for all lines of insurance for which an
  402  examination is required for licensing and to individuals
  403  licensed to serve as an umpire each insurer, employer, or
  404  appointing entity, including, but not limited to, those created
  405  or existing pursuant to s. 627.351. This section does not apply
  406  to an individual who holds a license for the sale of any line of
  407  insurance for which an examination is not required by the laws
  408  of this state or who holds a limited license as a crop or hail
  409  and multiple-peril crop insurance agent. Licensees who are
  410  unable to comply with the continuing education requirements due
  411  to active duty in the military may submit a written request for
  412  a waiver to the department.
  413         Section 14. Subsections (1), (3), (5), and (6) of section
  414  626.451, Florida Statutes, are amended to read:
  415         626.451 Appointment of agent or other representative.—
  416         (1) Each appointing entity or person designated by the
  417  department to administer the appointment process appointing an
  418  agent, adjuster, umpire, service representative, customer
  419  representative, or managing general agent in this state shall
  420  file the appointment with the department or office and, at the
  421  same time, pay the applicable appointment fee and taxes. Every
  422  appointment shall be subject to the prior issuance of the
  423  appropriate agent’s, adjuster’s, umpire’s, service
  424  representative’s, customer representative’s, or managing general
  425  agent’s license.
  426         (3) By authorizing the effectuation of the appointment of
  427  an agent, adjuster, umpire, service representative, customer
  428  representative, or managing general agent the appointing entity
  429  is thereby certifying to the department that it is willing to be
  430  bound by the acts of the agent, adjuster, umpire, service
  431  representative, customer representative, or managing general
  432  agent, within the scope of the licensee’s employment or
  433  appointment.
  434         (5) Any law enforcement agency or state attorney’s office
  435  that is aware that an agent, adjuster, umpire, service
  436  representative, customer representative, or managing general
  437  agent has pleaded guilty or nolo contendere to or has been found
  438  guilty of a felony shall notify the department or office of such
  439  fact.
  440         (6) Upon the filing of an information or indictment against
  441  an agent, adjuster, umpire, service representative, customer
  442  representative, or managing general agent, the state attorney
  443  shall immediately furnish the department or office a certified
  444  copy of the information or indictment.
  445         Section 15. Section 626.461, Florida Statutes, is amended
  446  to read:
  447         626.461 Continuation of appointment of agent or other
  448  representative.—Subject to renewal or continuation by the
  449  appointing entity, the appointment of the agent, adjuster,
  450  umpire, service representative, customer representative, or
  451  managing general agent shall continue in effect until the
  452  person’s license is revoked or otherwise terminated, unless
  453  written notice of earlier termination of the appointment is
  454  filed with the department or person designated by the department
  455  to administer the appointment process by either the appointing
  456  entity or the appointee.
  457         Section 16. Subsection (3) of section 626.521, Florida
  458  Statutes, is amended to read:
  459         626.521 Character, credit reports.—
  460         (3) As to an applicant for an adjuster’s, umpire’s, or
  461  reinsurance intermediary’s license who is to be self-employed,
  462  the department may secure, at the cost of the applicant, a full
  463  detailed credit and character report made by an established and
  464  reputable independent reporting service relative to the
  465  applicant.
  466         Section 17. Subsection (1) of section 626.541, Florida
  467  Statutes, is amended to read:
  468         626.541 Firm, corporate, and business names; officers;
  469  associates; notice of changes.—
  470         (1) Any licensed agent, or adjuster, or umpire doing
  471  business under a firm or corporate name or under any business
  472  name other than his or her own individual name shall, within 30
  473  days after initially transacting the initial transaction of
  474  insurance or engaging in insurance activities under such
  475  business name, file with the department, on forms adopted and
  476  furnished by the department, a written statement of the firm,
  477  corporate, or business name being so used, the address of any
  478  office or offices or places of business making use of such name,
  479  and the name and social security number of each officer and
  480  director of the corporation and of each individual associated in
  481  such firm or corporation as to the insurance transactions
  482  thereof or in the use of such business name.
  483         Section 18. Subsection (1) of section 626.601, Florida
  484  Statutes, is amended to read:
  485         626.601 Improper conduct; inquiry; fingerprinting.—
  486         (1) The department or office may, upon its own motion or
  487  upon a written complaint signed by any interested person and
  488  filed with the department or office, inquire into any alleged
  489  improper conduct of any licensed, approved, or certified
  490  licensee, insurance agency, agent, adjuster, umpire, service
  491  representative, managing general agent, customer representative,
  492  title insurance agent, title insurance agency, mediator, neutral
  493  evaluator, navigator, continuing education course provider,
  494  instructor, school official, or monitor group under this code.
  495  The department or office may thereafter initiate an
  496  investigation of any such individual or entity if it has
  497  reasonable cause to believe that the individual or entity has
  498  violated any provision of the insurance code. During the course
  499  of its investigation, the department or office shall contact the
  500  individual or entity being investigated unless it determines
  501  that contacting such individual or entity could jeopardize the
  502  successful completion of the investigation or cause injury to
  503  the public.
  504         Section 19. Subsection (1) of section 626.611, Florida
  505  Statutes, is amended to read:
  506         626.611 Grounds for compulsory refusal, suspension, or
  507  revocation of agent’s, title agency’s, adjuster’s, umpire’s,
  508  customer representative’s, service representative’s, or managing
  509  general agent’s license or appointment.—
  510         (1) The department shall deny an application for, suspend,
  511  revoke, or refuse to renew or continue the license or
  512  appointment of any applicant, agent, title agency, adjuster,
  513  umpire, customer representative, service representative, or
  514  managing general agent, and it shall suspend or revoke the
  515  eligibility to hold a license or appointment of any such person,
  516  if it finds that as to the applicant, licensee, or appointee any
  517  one or more of the following applicable grounds exist:
  518         (a) Lack of one or more of the qualifications for the
  519  license or appointment as specified in this code.
  520         (b) Material misstatement, misrepresentation, or fraud in
  521  obtaining the license or appointment or in attempting to obtain
  522  the license or appointment.
  523         (c) Failure to pass to the satisfaction of the department
  524  any examination required under this code.
  525         (d) If the license or appointment is willfully used, or to
  526  be used, to circumvent any of the requirements or prohibitions
  527  of this code.
  528         (e) Willful misrepresentation of any insurance policy or
  529  annuity contract or willful deception with regard to any such
  530  policy or contract, done either in person or by any form of
  531  dissemination of information or advertising.
  532         (f) If, as an adjuster, or agent licensed and appointed to
  533  adjust claims under this code, he or she has materially
  534  misrepresented to an insured or other interested party the terms
  535  and coverage of an insurance contract with intent and for the
  536  purpose of effecting settlement of claim for loss or damage or
  537  benefit under such contract on less favorable terms than those
  538  provided in and contemplated by the contract.
  539         (g) Demonstrated lack of fitness or trustworthiness to
  540  engage in the business of insurance.
  541         (h) Demonstrated lack of reasonably adequate knowledge and
  542  technical competence to engage in the transactions authorized by
  543  the license or appointment.
  544         (i) Fraudulent or dishonest practices in the conduct of
  545  business under the license or appointment.
  546         (j) Misappropriation, conversion, or unlawful withholding
  547  of moneys belonging to insurers or insureds or beneficiaries or
  548  to others and received in conduct of business under the license
  549  or appointment.
  550         (k) Unlawfully rebating, attempting to unlawfully rebate,
  551  or unlawfully dividing or offering to divide his or her
  552  commission with another.
  553         (l) Having obtained or attempted to obtain, or having used
  554  or using, a license or appointment as agent or customer
  555  representative for the purpose of soliciting or handling
  556  “controlled business” as defined in s. 626.730 with respect to
  557  general lines agents, s. 626.784 with respect to life agents,
  558  and s. 626.830 with respect to health agents.
  559         (m) Willful failure to comply with, or willful violation
  560  of, any proper order or rule of the department or willful
  561  violation of any provision of this code.
  562         (n) Having been found guilty of or having pleaded guilty or
  563  nolo contendere to a felony or a crime punishable by
  564  imprisonment of 1 year or more under the law of the United
  565  States of America or of any state thereof or under the law of
  566  any other country which involves moral turpitude, without regard
  567  to whether a judgment of conviction has been entered by the
  568  court having jurisdiction of such cases.
  569         (o) Fraudulent or dishonest practice in submitting or
  570  aiding or abetting any person in the submission of an
  571  application for workers’ compensation coverage under chapter 440
  572  containing false or misleading information as to employee
  573  payroll or classification for the purpose of avoiding or
  574  reducing the amount of premium due for such coverage.
  575         (p) Sale of an unregistered security that was required to
  576  be registered, pursuant to chapter 517.
  577         (q) In transactions related to viatical settlement
  578  contracts as defined in s. 626.9911:
  579         1. Commission of a fraudulent or dishonest act.
  580         2. No longer meeting the requirements for initial
  581  licensure.
  582         3. Having received a fee, commission, or other valuable
  583  consideration for his or her services with respect to viatical
  584  settlements that involved unlicensed viatical settlement
  585  providers or persons who offered or attempted to negotiate on
  586  behalf of another person a viatical settlement contract as
  587  defined in s. 626.9911 and who were not licensed life agents.
  588         4. Dealing in bad faith with viators.
  589         Section 20. Section 626.621, Florida Statutes, is amended
  590  to read:
  591         626.621 Grounds for discretionary refusal, suspension, or
  592  revocation of agent’s, adjuster’s, umpire’s, customer
  593  representative’s, service representative’s, or managing general
  594  agent’s license or appointment.—The department may, in its
  595  discretion, deny an application for, suspend, revoke, or refuse
  596  to renew or continue the license or appointment of any
  597  applicant, agent, adjuster, umpire, customer representative,
  598  service representative, or managing general agent, and it may
  599  suspend or revoke the eligibility to hold a license or
  600  appointment of any such person, if it finds that as to the
  601  applicant, licensee, or appointee any one or more of the
  602  following applicable grounds exist under circumstances for which
  603  such denial, suspension, revocation, or refusal is not mandatory
  604  under s. 626.611:
  605         (1) Any cause for which issuance of the license or
  606  appointment could have been refused had it then existed and been
  607  known to the department.
  608         (2) Violation of any provision of this code or of any other
  609  law applicable to the business of insurance in the course of
  610  dealing under the license or appointment.
  611         (3) Violation of any lawful order or rule of the
  612  department, commission, or office.
  613         (4) Failure or refusal, upon demand, to pay over to any
  614  insurer he or she represents or has represented any money coming
  615  into his or her hands belonging to the insurer.
  616         (5) Violation of the provision against twisting, as defined
  617  in s. 626.9541(1)(l).
  618         (6) In the conduct of business under the license or
  619  appointment, engaging in unfair methods of competition or in
  620  unfair or deceptive acts or practices, as prohibited under part
  621  IX of this chapter, or having otherwise shown himself or herself
  622  to be a source of injury or loss to the public.
  623         (7) Willful overinsurance of any property or health
  624  insurance risk.
  625         (8) Having been found guilty of or having pleaded guilty or
  626  nolo contendere to a felony or a crime punishable by
  627  imprisonment of 1 year or more under the law of the United
  628  States of America or of any state thereof or under the law of
  629  any other country, without regard to whether a judgment of
  630  conviction has been entered by the court having jurisdiction of
  631  such cases.
  632         (9) If a life agent, violation of the code of ethics.
  633         (10) Cheating on an examination required for licensure or
  634  violating test center or examination procedures published
  635  orally, in writing, or electronically at the test site by
  636  authorized representatives of the examination program
  637  administrator. Communication of test center and examination
  638  procedures must be clearly established and documented.
  639         (11) Failure to inform the department in writing within 30
  640  days after pleading guilty or nolo contendere to, or being
  641  convicted or found guilty of, any felony or a crime punishable
  642  by imprisonment of 1 year or more under the law of the United
  643  States or of any state thereof, or under the law of any other
  644  country without regard to whether a judgment of conviction has
  645  been entered by the court having jurisdiction of the case.
  646         (12) Knowingly aiding, assisting, procuring, advising, or
  647  abetting any person in the violation of or to violate a
  648  provision of the insurance code or any order or rule of the
  649  department, commission, or office.
  650         (13) Has been the subject of or has had a license, permit,
  651  appointment, registration, or other authority to conduct
  652  business subject to any decision, finding, injunction,
  653  suspension, prohibition, revocation, denial, judgment, final
  654  agency action, or administrative order by any court of competent
  655  jurisdiction, administrative law proceeding, state agency,
  656  federal agency, national securities, commodities, or option
  657  exchange, or national securities, commodities, or option
  658  association involving a violation of any federal or state
  659  securities or commodities law or any rule or regulation adopted
  660  thereunder, or a violation of any rule or regulation of any
  661  national securities, commodities, or options exchange or
  662  national securities, commodities, or options association.
  663         (14) Failure to comply with any civil, criminal, or
  664  administrative action taken by the child support enforcement
  665  program under Title IV-D of the Social Security Act, 42 U.S.C.
  666  ss. 651 et seq., to determine paternity or to establish, modify,
  667  enforce, or collect support.
  668         (15) Directly or indirectly accepting any compensation,
  669  inducement, or reward from an inspector for the referral of the
  670  owner of the inspected property to the inspector or inspection
  671  company. This prohibition applies to an inspection intended for
  672  submission to an insurer in order to obtain property insurance
  673  coverage or establish the applicable property insurance premium.
  674         Section 21. Subsection (4) of section 626.641, Florida
  675  Statutes, is amended to read:
  676         626.641 Duration of suspension or revocation.—
  677         (4) During the period of suspension or revocation of a
  678  license or appointment, and until the license is reinstated or,
  679  if revoked, a new license issued, the former licensee or
  680  appointee may not engage in or attempt or profess to engage in
  681  any transaction or business for which a license or appointment
  682  is required under this code or directly or indirectly own,
  683  control, or be employed in any manner by an agent, agency,
  684  adjuster, or adjusting firm, or umpire.
  685         Section 22. Subsection (2) of section 626.7845, Florida
  686  Statutes, is amended to read:
  687         626.7845 Prohibition against unlicensed transaction of life
  688  insurance.—
  689         (2) Except as provided in s. 626.112(9) 626.112(6), with
  690  respect to any line of authority specified in s. 626.015(10), no
  691  individual shall, unless licensed as a life agent:
  692         (a) Solicit insurance or annuities or procure applications;
  693         (b) In this state, engage or hold himself or herself out as
  694  engaging in the business of analyzing or abstracting insurance
  695  policies or of counseling or advising or giving opinions to
  696  persons relative to insurance or insurance contracts other than:
  697         1. As a consulting actuary advising an insurer; or
  698         2. As to the counseling and advising of labor unions,
  699  associations, trustees, employers, or other business entities,
  700  the subsidiaries and affiliates of each, relative to their
  701  interests and those of their members or employees under
  702  insurance benefit plans; or
  703         (c) In this state, from this state, or with a resident of
  704  this state, offer or attempt to negotiate on behalf of another
  705  person a viatical settlement contract as defined in s. 626.9911.
  706         Section 23. Section 626.8305, Florida Statutes, is amended
  707  to read:
  708         626.8305 Prohibition against the unlicensed transaction of
  709  health insurance.—Except as provided in s. 626.112(9)
  710  626.112(6), with respect to any line of authority specified in
  711  s. 626.015(6), no individual shall, unless licensed as a health
  712  agent:
  713         (1) Solicit insurance or procure applications; or
  714         (2) In this state, engage or hold himself or herself out as
  715  engaging in the business of analyzing or abstracting insurance
  716  policies or of counseling or advising or giving opinions to
  717  persons relative to insurance contracts other than:
  718         (a) As a consulting actuary advising insurers; or
  719         (b) As to the counseling and advising of labor unions,
  720  associations, trustees, employers, or other business entities,
  721  the subsidiaries and affiliates of each, relative to their
  722  interests and those of their members or employees under
  723  insurance benefit plans.
  724         Section 24. Paragraph (a) of subsection (2) of section
  725  626.8411, Florida Statutes, is amended to read:
  726         626.8411 Application of Florida Insurance Code provisions
  727  to title insurance agents or agencies.—
  728         (2) The following provisions of part I do not apply to
  729  title insurance agents or title insurance agencies:
  730         (a) Section 626.112(10) 626.112(7), relating to licensing
  731  of insurance agencies.
  732         Section 25. Subsection (4) of section 626.8443, Florida
  733  Statutes, is amended to read:
  734         626.8443 Duration of suspension or revocation.—
  735         (4) During the period of suspension or after revocation of
  736  the license and appointment, the former licensee shall not
  737  engage in or attempt to profess to engage in any transaction or
  738  business for which a license or appointment is required under
  739  this code or directly or indirectly own, control, or be employed
  740  in any manner by any insurance agent or agency, or adjuster, or
  741  adjusting firm, or umpire.
  742         Section 26. Paragraph (d) is added to subsection (11) of
  743  section 626.854, Florida Statutes, to read:
  744         626.854 “Public adjuster” defined; prohibitions.—The
  745  Legislature finds that it is necessary for the protection of the
  746  public to regulate public insurance adjusters and to prevent the
  747  unauthorized practice of law.
  748         (11)
  749         (d)If a public adjuster enters into a contract with an
  750  insured or a claimant to perform an appraisal, as defined in s.
  751  626.9964, the public adjuster may not charge, agree to, or
  752  accept from any source compensation, payment, commission, fee,
  753  or any other thing of value in excess of the limitations set
  754  forth in paragraph (b) for the appraisal services or, if also
  755  serving as adjuster on the claim, a combination of adjuster and
  756  appraisal services.
  757         Section 27. Section 626.8791, Florida Statutes, is created
  758  to read:
  759         626.8791Contracts for appraisal services; required
  760  notice.—A contract between an adjuster and an insured or
  761  claimant to perform an appraisal must contain the following
  762  language in at least 14-point boldfaced, uppercase type: “THERE
  769         Section 28. Subsection (1) of section 626.9957, Florida
  770  Statutes, is amended to read:
  771         626.9957 Conduct prohibited; denial, revocation, or
  772  suspension of registration.—
  773         (1) As provided in s. 626.112, only a person licensed as an
  774  insurance agent or customer representative may engage in the
  775  solicitation of insurance. A person who engages in the
  776  solicitation of insurance as described in s. 626.112(1) without
  777  such license is subject to the penalties provided under s.
  778  626.112(12) 626.112(9).
  779         Section 29. Part XIV of chapter 626, Florida Statutes,
  780  consisting of sections 626.9961 through 626.9968, is created to
  781  read:
  782                              PART XIV                             
  783                PROPERTY INSURANCE APPRAISAL UMPIRES               
  784         626.9961Short title.—This part may be referred to as the
  785  “Property Insurance Appraisal Umpire Law.”
  786         626.9962Legislative findings.—The Legislature finds it
  787  necessary to regulate persons that hold themselves out to the
  788  public as qualified to provide services as property insurance
  789  appraisal umpires in order to protect the public safety and
  790  welfare and to avoid economic injury to the residents of this
  791  state. This part applies only to property insurance appraisal
  792  umpires as defined in this part.
  793         626.9963Part supplements licensing law.—This part is
  794  supplementary to part I, the “Licensing Procedures Law.”
  795         626.9964Definitions.—As used in this part, the term:
  796         (1)“Appraisal” means, for purposes of licensure under this
  797  part only, a process of alternative dispute resolution used in a
  798  personal residential or commercial residential property
  799  insurance claim.
  800         (2)“Competent” means sufficiently qualified and capable of
  801  performing an appraisal.
  802         (3)“Department” means the Department of Financial
  803  Services.
  804         (4)“Property insurance appraisal umpire” or “umpire” means
  805  a person selected by the appraisers representing the insurer and
  806  the insured, or, if the appraisers cannot agree, by the court,
  807  and who is charged with resolving issues that the appraisers are
  808  unable to agree upon during the course of an appraisal.
  809         (5)“Property insurance appraiser” or “appraiser” means the
  810  person selected by an insurer or insured to perform an
  811  appraisal.
  812         626.9965Qualification for license as a property insurance
  813  appraisal umpire.—
  814         (1)The department shall issue a license as an umpire to a
  815  person who meets the requirements of subsection (2) and is one
  816  of the following:
  817         (a)A retired county, circuit, or appellate judge.
  818         (b)Licensed as an engineer pursuant to chapter 471 or is a
  819  retired professional engineer as defined in s. 471.005.
  820         (c)Licensed as a general contractor, building contractor,
  821  or residential contractor pursuant to part I of chapter 489.
  822         (d)Licensed or registered as an architect to engage in the
  823  practice of architecture pursuant to part I of chapter 481.
  824         (e)A member of The Florida Bar.
  825         (f)Licensed as an adjuster pursuant to part VI of chapter
  826  626, which license includes the property and casualty lines of
  827  insurance. An adjuster must have been licensed for at least 5
  828  years as an adjuster before he or she may be licensed as an
  829  umpire.
  830         (2)An applicant may be licensed to practice in this state
  831  as an umpire if the applicant:
  832         (a)Is a natural person at least 18 years of age;
  833         (b)Is a United States citizen or legal alien who possesses
  834  work authorization from the United States Bureau of Citizenship
  835  and Immigration;
  836         (c)Is of good moral character;
  837         (d)Has paid the applicable fees specified in s. 624.501;
  838  and
  839         (e)Has, before the date of the application for licensure,
  840  satisfactorily completed education courses approved by the
  841  department covering:
  842         1.At least 19 hours of insurance claims estimating; and
  843         2.At least 5 hours of insurance law, ethics for insurance
  844  professionals, disciplinary trends, and case studies.
  846  A retired county, circuit, or appellate judge who is a member in
  847  good standing of The Florida Bar is exempt from the continuing
  848  education requirements of s. 626.2815 and the education courses
  849  required by this subsection.
  850         (3)The department may not reject an application solely
  851  because the applicant is or is not a member of a given appraisal
  852  organization.
  853         626.9966Grounds for refusal, suspension, or revocation of
  854  an umpire license or appointment.—The department may deny an
  855  application for license or appointment under this part; suspend,
  856  revoke, or refuse to renew or continue a license or appointment
  857  of an umpire; or suspend or revoke eligibility for licensure or
  858  appointment as an umpire if the department finds that one or
  859  more of the following applicable grounds exist:
  860         (1)Violating a duty imposed upon him or her by law or by
  861  the terms of the umpire agreement; aiding, assisting, or
  862  conspiring with any other person engaged in any such misconduct
  863  and in furtherance thereof; or forming the intent, design, or
  864  scheme to engage in such misconduct and committing an overt act
  865  in furtherance of such intent, design, or scheme. An umpire
  866  commits a violation of this part regardless of whether the
  867  victim or intended victim of the misconduct has sustained any
  868  damage or loss; the damage or loss has been settled and paid
  869  after the discovery of misconduct; or the victim or intended
  870  victim is an insurer or customer or a person in a confidential
  871  relationship with the umpire or is an identified member of the
  872  general public.
  873         (2)Having a registration, license, or certification to
  874  practice or conduct any regulated profession, business, or
  875  vocation revoked, suspended, or encumbered; or having an
  876  application for such registration, licensure, or certification
  877  to practice or conduct any regulated profession, business, or
  878  vocation denied by this or any other state, any nation, or any
  879  possession or district of the United States.
  880         (3)Making or filing a report or record, written or oral,
  881  which the umpire knows to be false; willfully failing to file a
  882  report or record required by state or federal law; willfully
  883  impeding or obstructing such filing; or inducing another person
  884  to impede or obstruct such filing.
  885         (4)Agreeing to serve as an umpire if service is contingent
  886  upon the umpire reporting a predetermined amount, analysis, or
  887  opinion.
  888         (5)Agreeing to serve as an umpire if the fee to be paid
  889  for his or her services is contingent upon the opinion,
  890  conclusion, or valuation he or she reaches.
  891         (6)Failure of an umpire, without good cause, to
  892  communicate within 10 business days after a request for
  893  communication from an appraiser.
  894         (7)Violation of any ethical standard for umpires specified
  895  in s. 626.9967.
  896         626.9967Ethical standards for property insurance appraisal
  897  umpires.—
  898         (1)FEES AND EXPENSES.—
  899         (a)The fees charged by an umpire must be reasonable and
  900  consistent with the nature of the case.
  901         (b)In determining fees, an umpire:
  902         1.Must charge on an hourly basis and may bill only for
  903  actual time spent on or allocated for the appraisal.
  904         2.May not charge, agree to, or accept as compensation or
  905  reimbursement any payment, commission, or fee that is based on a
  906  percentage of the value of the claim or that is contingent upon
  907  a specified outcome.
  908         3.May charge for costs actually incurred, and no other
  909  costs. An umpire may not charge for the cost of an expert unless
  910  the umpire has disclosed the amount of the expert’s fee to the
  911  appraiser for the insurer and the appraiser for the insured
  912  before incurring the cost for the expert’s services.
  913         4.May not charge a fee of more than $500 if the amount
  914  reported by the appraiser for the insurer or by the appraiser
  915  for the insured does not exceed $2,500.
  916         (c)An appraiser may assign the duty of paying the umpire’s
  917  fee to, and the umpire is entitled to receive payment directly
  918  from, the insurer and the insured only if the insurer and the
  919  insured acknowledge and accept that duty and agree in writing to
  920  be responsible for payment.
  921         (2)MAINTENANCE OF RECORDS.—An umpire shall maintain
  922  records necessary to support charges for services and expenses,
  923  and, upon request, shall provide an accounting of all applicable
  924  charges to the insurer and insured. An umpire shall retain
  925  original or true copies of any contracts engaging his or her
  926  services, appraisal reports, and supporting data assembled and
  927  formulated by the umpire in preparing appraisal reports for at
  928  least 5 years. The umpire shall make the records available to
  929  the department for inspection and copying within 7 business days
  930  after a request. If an appraisal has been the subject of, or has
  931  been admitted as evidence in, a lawsuit, reports and records
  932  related to the appraisal must be retained for at least 2 years
  933  after the date that the trial ends.
  934         (3)ADVERTISING.—An umpire may not engage in marketing
  935  practices that contain false or misleading information. An
  936  umpire shall ensure that any advertisement of his or her
  937  qualifications, services to be rendered, or the appraisal
  938  process are accurate and honest. An umpire may not make claims
  939  of achieving specific outcomes or promises implying favoritism
  940  for the purpose of obtaining business.
  942         (a)1.An umpire may not accept an appraisal unless he or
  943  she can serve competently, promptly commence the appraisal, and,
  944  thereafter, devote the time and attention to its completion in
  945  the manner expected by all persons involved in the appraisal.
  946         2.An umpire shall conduct the appraisal process in a
  947  manner that advances the fair and efficient resolution of issues
  948  that arise.
  949         3.An umpire shall deliberate and decide all issues within
  950  the scope of the appraisal, but may not render a decision on any
  951  other issues. An umpire shall decide all matters justly,
  952  exercising independent judgment. An umpire may not delegate his
  953  or her duties to any other person. An umpire who considers the
  954  opinion of an expert does not violate this paragraph.
  955         (b)An umpire may not engage in any business, provide any
  956  service, or perform any act that would compromise his or her
  957  integrity or impartiality.
  958         (5)SKILL AND EXPERIENCE.—An umpire must decline or
  959  withdraw from an appraisal or request appropriate assistance
  960  when the facts and circumstances of the appraisal prove to be
  961  beyond his or her skill or experience.
  962         (6)GIFTS AND SOLICITATION.—An umpire or any individual or
  963  entity acting on behalf of an umpire may not solicit, accept,
  964  give, or offer to give, directly or indirectly, any gift, favor,
  965  loan, or other item of value in excess of $25 to any individual
  966  who participates in the appraisal, for the purpose of
  967  solicitation or otherwise attempting to procure future work from
  968  any person who participates in the appraisal, or as an
  969  inducement to enter into an appraisal with an umpire. This
  970  subsection does not prevent an umpire from accepting other
  971  appraisals where the appraisers agree upon the umpire or the
  972  court appoints the umpire.
  973         (7)EX PARTE COMMUNICATION.—In any property insurance
  974  appraisal, ex parte communication between an umpire and an
  975  appraiser is prohibited. However, an appraiser may communicate
  976  with another appraiser if an umpire is not present or does not
  977  receive the ex parte communication.
  978         626.9968Conflicts of interest.—An insurer or a
  979  policyholder may challenge an umpire’s impartiality and
  980  disqualify the proposed umpire only if:
  981         (1)A familial relationship within the third degree exists
  982  between the umpire and a party or a representative of a party;
  983         (2)The umpire has previously represented a party in a
  984  professional capacity in the same claim or matter involving the
  985  same property;
  986         (3)The umpire has represented another person in a
  987  professional capacity in the same matter or a substantially
  988  related matter that includes the claim, the same property or an
  989  adjacent property, and the other person’s interests are
  990  materially adverse to the interests of a party;
  991         (4)The umpire has worked as an employer or employee of a
  992  party within the preceding 5 years; or
  993         (5)The umpire has violated s. 626.9966.
  994         Section 30. Section 627.70151, Florida Statutes, is
  995  repealed.
  996         Section 31. For the 2017-2018 fiscal year, the sums of
  997  $24,000 in recurring funds from the Insurance Regulatory Trust
  998  Fund and $73,107 in recurring funds and $39,230 in nonrecurring
  999  funds from the Administrative Trust Fund are appropriated to the
 1000  Department of Financial Services, and one full-time equivalent
 1001  position with associated salary rate of 47,291 is authorized,
 1002  for the purpose of implementing this act.
 1003         Section 32. This act applies to all appraisals requested on
 1004  or after October 1, 2017.
 1005         Section 33. This act shall take effect October 1, 2017.