Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1492
       
       
       
       
       
       
                                Ì814670&Î814670                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  02/04/2020           .                                
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       The Committee on Banking and Insurance (Rouson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 260 - 281
    4  and insert:
    5  contract to adjust a claim without penalty or obligation within
    6  5 calendar 3 business days after the date on which the contract
    7  is executed or within 5 calendar 3 business days after the date
    8  on which the insured or claimant has notified the insurer of the
    9  claim, whichever is later. During a state of emergency declared
   10  by the Governor or during the 1-year period after the date of
   11  loss, an insured or a claimant may cancel a public adjuster’s
   12  contract to adjust a claim without penalty or obligation within
   13  14 calendar days after the date on which the contract is
   14  executed or within 14 calendar days after the date on which the
   15  insured or claimant has notified the insurer of the claim,
   16  whichever is later. The named insured is responsible for the
   17  payment for tangible work products completed directly relating
   18  to the adjustment of the loss and performed before the insured
   19  rescinded the agreement. The public adjuster’s contract must
   20  disclose to the insured or claimant his or her right to cancel
   21  the contract and advise the insured or claimant that notice of
   22  cancellation must be submitted in writing and sent by certified
   23  mail, return receipt requested, or other form of mailing that
   24  provides proof thereof, to the public adjuster at the address
   25  specified in the contract; provided, during any state of
   26  emergency as declared by the Governor and for 1 year after the
   27  date of loss, the insured or claimant has 5 business days after
   28  the date on which the contract is executed to cancel a public
   29  adjuster’s contract. An insurer, insurance representative, or
   30  insurance agent may not advise against the employment of a
   31  public adjuster or encourage the insured to rescind an executed
   32  public adjuster agreement.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Delete line 39
   37  and insert:
   38         without penalty; deleting a provision that insureds or
   39         claimants may cancel a public adjuster’s contract
   40         without obligation under certain circumstances;
   41         providing that named insureds are responsible for
   42         certain payments; prohibiting certain actions by an
   43         insurer, insurance representative, or insurance agent;
   44         amending s. 626.916,