Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 76
       
       
       
       
       
       
                                Ì161766CÎ161766                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  03/09/2021           .                                
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       The Committee on Judiciary (Polsky) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 62
    4  insert:
    5         Section 1. Subsection (9) of section 626.112, Florida
    6  Statutes, is amended to read:
    7         626.112 License and appointment required; agents, customer
    8  representatives, adjusters, insurance agencies, service
    9  representatives, managing general agents.—
   10         (9) Any person who knowingly transacts insurance or
   11  otherwise engages in insurance activities in this state without
   12  a license in violation of this section or who knowingly aids or
   13  abets an unlicensed person in transacting insurance or otherwise
   14  engaging in insurance activities in this state without a license
   15  commits a felony of the third degree, punishable as provided in
   16  s. 775.082, s. 775.083, or s. 775.084.
   17         Section 2. Section 626.5813, Florida Statutes, is created
   18  to read:
   19         626.5813 Claims adjusting.—
   20         (1)(a) As used in this section, the term “claims adjusting”
   21  means directly or indirectly:
   22         1. Attempting or undertaking to ascertain and determine the
   23  amount of any claim, loss, or damage payable under an insurance
   24  contract or undertaking to negotiate or effect settlement of a
   25  claim, loss, or damage under an insurance contract, if such
   26  action results in payment to or receipt of money, commission, or
   27  any other thing of value by the party or parties rendering such
   28  service or persons affiliated with such party or parties; or
   29         2. Soliciting services as described in subparagraph 1. or
   30  soliciting an insured or policyholder to file an insurance
   31  claim.
   32         (b) The term does not include:
   33         1. Paid services as a spokesperson used as part of a
   34  written or an electronic advertisement.
   35         2. Paid services as a photographer or videographer used to
   36  capture images of damage.
   37         3. Paid services to inventory personal property or business
   38  personal property.
   39         4. Discussion or explanation of a bid for construction or
   40  repair services by a licensed contractor under part I of chapter
   41  489, or a subcontractor for a licensed contractor, with a
   42  property owner or the insurer of the property.
   43         (2) Except for a duly licensed attorney at law as exempted
   44  under s. 626.860 or an agent as exempted under s. 626.862, a
   45  person may not provide claims adjusting services unless licensed
   46  and appointed as an adjuster under this part.
   47         (3) The department may take administrative action and
   48  impose fines against any persons performing claims adjusting,
   49  soliciting, marketing, or any other services under this section
   50  or s. 626.854 without the licensure required under s. 626.112 or
   51  s. 626.854.
   52  
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Between lines 2 and 3
   56  insert:
   57         amending s. 626.112, F.S.; providing a criminal
   58         penalty for aiding or abetting unlicensed activity;
   59         creating s. 626.5813, F.S.; defining the term “claims
   60         adjusting”; prohibiting a person from providing claims
   61         adjusting services unless the person meets specified
   62         requirements; authorizing the department to take
   63         administrative actions and impose fines against
   64         persons performing specified activities without
   65         licensure;