Bill Amendment: FL S0336 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Property Insurance Appraisers and Property Insurance Appraisal Umpires
Status: 2016-03-11 - Died in Appropriations [S0336 Detail]
Download: Florida-2016-S0336-Senate_Committee_Amendment_968182.html
Bill Title: Property Insurance Appraisers and Property Insurance Appraisal Umpires
Status: 2016-03-11 - Died in Appropriations [S0336 Detail]
Download: Florida-2016-S0336-Senate_Committee_Amendment_968182.html
Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 336
Ì968182:Î968182
LEGISLATIVE ACTION
Senate . House
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The Committee on Regulated Industries (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 624.04, Florida Statutes, is amended to
6 read:
7 624.04 “Person” defined.—“Person” includes an individual,
8 insurer, company, association, organization, Lloyds, society,
9 reciprocal insurer or interinsurance exchange, partnership,
10 syndicate, business trust, corporation, agent, general agent,
11 broker, service representative, adjuster, property insurance
12 appraisal umpire, and every legal entity.
13 Section 2. Subsection (2) of section 624.303, Florida
14 Statutes, is amended to read:
15 624.303 Seal; certified copies as evidence.—
16 (2) All certificates executed by the department or office,
17 other than licenses of agents, property insurance appraisal
18 umpires, or adjusters, or similar licenses or permits, shall
19 bear its respective seal.
20 Section 3. Subsection (4) of section 624.311, Florida
21 Statutes, is amended to read:
22 624.311 Records; reproductions; destruction.—
23 (4) To facilitate the efficient use of floor space and
24 filing equipment in its offices, the department, commission, and
25 office may each destroy the following records and documents
26 pursuant to chapter 257:
27 (a) General closed correspondence files over 3 years old;
28 (b) Agent, adjuster, property insurance appraisal umpire,
29 and similar license files, including license files of the
30 Division of State Fire Marshal, over 2 years old; except that
31 the department or office shall preserve by reproduction or
32 otherwise a copy of the original records upon the basis of which
33 each such licensee qualified for her or his initial license,
34 except a competency examination, and of any disciplinary
35 proceeding affecting the licensee;
36 (c) All agent, adjuster, property insurance appraisal
37 umpire, and similar license files and records, including
38 original license qualification records and records of
39 disciplinary proceedings 5 years after a licensee has ceased to
40 be qualified for a license;
41 (d) Insurer certificate of authority files over 2 years
42 old, except that the office shall preserve by reproduction or
43 otherwise a copy of the initial certificate of authority of each
44 insurer;
45 (e) All documents and records which have been photographed
46 or otherwise reproduced as provided in subsection (3), if such
47 reproductions have been filed and an audit of the department or
48 office has been completed for the period embracing the dates of
49 such documents and records; and
50 (f) All other records, documents, and files not expressly
51 provided for in paragraphs (a)-(e).
52 Section 4. Section 624.317, Florida Statutes, is amended to
53 read:
54 624.317 Investigation of agents, adjusters, property
55 insurance appraisal umpires, administrators, service companies,
56 and others.—If it has reason to believe that any person has
57 violated or is violating any provision of this code, or upon the
58 written complaint signed by any interested person indicating
59 that any such violation may exist:
60 (1) The department shall conduct such investigation as it
61 deems necessary of the accounts, records, documents, and
62 transactions pertaining to or affecting the insurance affairs of
63 any general agent, surplus lines agent, adjuster, property
64 insurance appraisal umpire, managing general agent, insurance
65 agent, insurance agency, customer representative, service
66 representative, or other person subject to its jurisdiction,
67 subject to the requirements of s. 626.601.
68 (2) The office shall conduct such investigation as it deems
69 necessary of the accounts, records, documents, and transactions
70 pertaining to or affecting the insurance affairs of any:
71 (a) Administrator, service company, or other person subject
72 to its jurisdiction.
73 (b) Person having a contract or power of attorney under
74 which she or he enjoys in fact the exclusive or dominant right
75 to manage or control an insurer.
76 (c) Person engaged in or proposing to be engaged in the
77 promotion or formation of:
78 1. A domestic insurer;
79 2. An insurance holding corporation; or
80 3. A corporation to finance a domestic insurer or in the
81 production of the domestic insurer’s business.
82 Section 5. Paragraph (c) of subsection (19) and subsection
83 (28) of section 624.501, Florida Statutes, are amended, and
84 subsection (29) is added to that section, to read:
85 624.501 Filing, license, appointment, and miscellaneous
86 fees.—The department, commission, or office, as appropriate,
87 shall collect in advance, and persons so served shall pay to it
88 in advance, fees, licenses, and miscellaneous charges as
89 follows:
90 (19) Miscellaneous services:
91 (c) For preparing lists of agents, adjusters, property
92 insurance appraisal umpires, and other insurance
93 representatives, and for other miscellaneous services, such
94 reasonable charge as may be fixed by the office or department.
95 (28) Late filing of appointment renewals for agents,
96 adjusters, property insurance appraisal umpires, and other
97 insurance representatives, each appointment...............$20.00
98 (29) Property insurance appraisal umpires:
99 (a) Property insurance appraisal umpire’s appointment and
100 biennial renewal or continuation thereof, each
101 appointment.................$60.00
102 (b) Fee to cover the actual cost of a credit report when
103 the report must be secured by the department.
104 Section 6. Paragraph (e) of subsection (1) of section
105 624.523, Florida Statutes, is amended to read:
106 624.523 Insurance Regulatory Trust Fund.—
107 (1) There is created in the State Treasury a trust fund
108 designated “Insurance Regulatory Trust Fund” to which shall be
109 credited all payments received on account of the following
110 items:
111 (e) All payments received on account of items provided for
112 under respective provisions of s. 624.501, as follows:
113 1. Subsection (1) (certificate of authority of insurer).
114 2. Subsection (2) (charter documents of insurer).
115 3. Subsection (3) (annual license tax of insurer).
116 4. Subsection (4) (annual statement of insurer).
117 5. Subsection (5) (application fee for insurance
118 representatives).
119 6. The “appointment fee” portion of any appointment
120 provided for under paragraphs (6)(a) and (b) (insurance
121 representatives, property, marine, casualty and surety
122 insurance, and agents).
123 7. Paragraph (6)(c) (nonresident agents).
124 8. Paragraph (6)(d) (service representatives).
125 9. The “appointment fee” portion of any appointment
126 provided for under paragraph (7)(a) (life insurance agents,
127 original appointment, and renewal or continuation of
128 appointment).
129 10. Paragraph (7)(b) (nonresident agent license).
130 11. The “appointment fee” portion of any appointment
131 provided for under paragraph (8)(a) (health insurance agents,
132 agent’s appointment, and renewal or continuation fee).
133 12. Paragraph (8)(b) (nonresident agent appointment).
134 13. The “appointment fee” portion of any appointment
135 provided for under subsections (9) and (10) (limited licenses
136 and fraternal benefit society agents).
137 14. Subsection (11) (surplus lines agent).
138 15. Subsection (12) (adjusters’ appointment).
139 16. Subsection (13) (examination fee).
140 17. Subsection (14) (temporary license and appointment as
141 agent or adjuster).
142 18. Subsection (15) (reissuance, reinstatement, etc.).
143 19. Subsection (16) (additional license continuation fees).
144 20. Subsection (17) (filing application for permit to form
145 insurer).
146 21. Subsection (18) (license fee of rating organization).
147 22. Subsection (19) (miscellaneous services).
148 23. Subsection (20) (insurance agencies).
149 24. Subsection (29) (property insurance appraisal umpires’
150 appointment).
151 Section 7. Subsections (16) through (19) of section
152 626.015, Florida Statutes, are renumbered as subsections (17)
153 through (20), respectively, and a new subsection (16) is added
154 to that section, to read:
155 626.015 Definitions.—As used in this part:
156 (16) “Property insurance appraisal umpire” or “umpire”
157 means a property insurance appraisal umpire as defined in s.
158 626.9964.
159 Section 8. Subsection (1) of section 626.016, Florida
160 Statutes, is amended to read:
161 626.016 Powers and duties of department, commission, and
162 office.—
163 (1) The powers and duties of the Chief Financial Officer
164 and the department specified in this part apply only with
165 respect to insurance agents, insurance agencies, managing
166 general agents, insurance adjusters, umpires, reinsurance
167 intermediaries, viatical settlement brokers, customer
168 representatives, service representatives, and agencies.
169 Section 9. Subsection (1) of section 626.022, Florida
170 Statutes, is amended to read:
171 626.022 Scope of part.—
172 (1) This part applies as to insurance agents, service
173 representatives, adjusters, umpires, and insurance agencies; as
174 to any and all kinds of insurance; and as to stock insurers,
175 mutual insurers, reciprocal insurers, and all other types of
176 insurers, except that:
177 (a) It does not apply as to reinsurance, except that ss.
178 626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
179 626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541
180 626.591, and ss. 626.601-626.711 shall apply as to reinsurance
181 intermediaries as defined in s. 626.7492.
182 (b) The applicability of this chapter as to fraternal
183 benefit societies shall be as provided in chapter 632.
184 (c) It does not apply to a bail bond agent, as defined in
185 s. 648.25, except as provided in chapter 648 or chapter 903.
186 (d) This part does not apply to a certified public
187 accountant licensed under chapter 473 who is acting within the
188 scope of the practice of public accounting, as defined in s.
189 473.302, provided that the activities of the certified public
190 accountant are limited to advising a client of the necessity of
191 obtaining insurance, the amount of insurance needed, or the line
192 of coverage needed, and provided that the certified public
193 accountant does not directly or indirectly receive or share in
194 any commission or referral fee.
195 Section 10. Section 626.112, Florida Statutes, is amended
196 to read:
197 626.112 License and appointment required; agents, customer
198 representatives, adjusters, umpires, insurance agencies, service
199 representatives, managing general agents.—
200 (1)(a) No person may be, act as, or advertise or hold
201 himself or herself out to be an insurance agent, insurance
202 adjuster, or customer representative unless he or she is
203 currently licensed by the department and appointed by an
204 appropriate appointing entity or person.
205 (b) Except as provided in subsection (8) (6) or in
206 applicable department rules, and in addition to other conduct
207 described in this chapter with respect to particular types of
208 agents, a license as an insurance agent, service representative,
209 customer representative, or limited customer representative is
210 required in order to engage in the solicitation of insurance.
211 For purposes of this requirement, as applicable to any of the
212 license types described in this section, the solicitation of
213 insurance is the attempt to persuade any person to purchase an
214 insurance product by:
215 1. Describing the benefits or terms of insurance coverage,
216 including premiums or rates of return;
217 2. Distributing an invitation to contract to prospective
218 purchasers;
219 3. Making general or specific recommendations as to
220 insurance products;
221 4. Completing orders or applications for insurance
222 products;
223 5. Comparing insurance products, advising as to insurance
224 matters, or interpreting policies or coverages; or
225 6. Offering or attempting to negotiate on behalf of another
226 person a viatical settlement contract as defined in s. 626.9911.
227
228 However, an employee leasing company licensed pursuant to
229 chapter 468 which is seeking to enter into a contract with an
230 employer that identifies products and services offered to
231 employees may deliver proposals for the purchase of employee
232 leasing services to prospective clients of the employee leasing
233 company setting forth the terms and conditions of doing
234 business; classify employees as permitted by s. 468.529; collect
235 information from prospective clients and other sources as
236 necessary to perform due diligence on the prospective client and
237 to prepare a proposal for services; provide and receive
238 enrollment forms, plans, and other documents; and discuss or
239 explain in general terms the conditions, limitations, options,
240 or exclusions of insurance benefit plans available to the client
241 or employees of the employee leasing company were the client to
242 contract with the employee leasing company. Any advertising
243 materials or other documents describing specific insurance
244 coverages must identify and be from a licensed insurer or its
245 licensed agent or a licensed and appointed agent employed by the
246 employee leasing company. The employee leasing company may not
247 advise or inform the prospective business client or individual
248 employees of specific coverage provisions, exclusions, or
249 limitations of particular plans. As to clients for which the
250 employee leasing company is providing services pursuant to s.
251 468.525(4), the employee leasing company may engage in
252 activities permitted by ss. 626.7315, 626.7845, and 626.8305,
253 subject to the restrictions specified in those sections. If a
254 prospective client requests more specific information concerning
255 the insurance provided by the employee leasing company, the
256 employee leasing company must refer the prospective business
257 client to the insurer or its licensed agent or to a licensed and
258 appointed agent employed by the employee leasing company.
259 (2) No agent or customer representative shall solicit or
260 otherwise transact as agent or customer representative, or
261 represent or hold himself or herself out to be an agent or
262 customer representative as to, any kind or kinds of insurance as
263 to which he or she is not then licensed and appointed.
264 (3) No person shall act as an adjuster as to any class of
265 business for which he or she is not then licensed and appointed.
266 (4) No person shall be, act as, or represent or hold
267 himself or herself out to be a service representative unless he
268 or she then holds a currently effective service representative
269 license and appointment. This subsection does not apply as to
270 similar representatives or employees of casualty insurers whose
271 duties are restricted to health insurance.
272 (5) No person shall be, act as, or represent or hold
273 himself or herself out to be a managing general agent unless he
274 or she then holds a currently effective managing general agent
275 license and appointment.
276 (6) No person shall be, act as, or represent or hold
277 himself or herself out to be a property insurance appraisal
278 umpire unless he or she holds a currently effective license and
279 appointment as a property insurance appraisal umpire.
280 (7) No person shall be, act as, or represent or hold
281 himself or herself out to be a property insurance appraiser who
282 is eligible to represent an insured on a personal residential or
283 commercial residential property insurance claim unless he or she
284 holds a currently effective license as an adjuster or is exempt
285 from licensure under s. 626.860. Only a self-appointed insurance
286 appraiser may serve as an adjuster.
287 (8)(6) An individual employed by a life or health insurer
288 as an officer or other salaried representative may solicit and
289 effect contracts of life insurance or annuities or of health
290 insurance, without being licensed as an agent, when and only
291 when he or she is accompanied by and solicits for and on the
292 behalf of a licensed and appointed agent.
293 (9)(a)(7)(a) An individual, firm, partnership, corporation,
294 association, or other entity shall not act in its own name or
295 under a trade name, directly or indirectly, as an insurance
296 agency unless it complies with s. 626.172 with respect to
297 possessing an insurance agency license for each place of
298 business at which it engages in an activity that may be
299 performed only by a licensed insurance agent. However, an
300 insurance agency that is owned and operated by a single licensed
301 agent conducting business in his or her individual name and not
302 employing or otherwise using the services of or appointing other
303 licensees shall be exempt from the agency licensing requirements
304 of this subsection.
305 (b) A branch place of business that is established by a
306 licensed agency is considered a branch agency and is not
307 required to be licensed so long as it transacts business under
308 the same name and federal tax identification number as the
309 licensed agency and has designated with the department a
310 licensed agent in charge of the branch location as required by
311 s. 626.0428 and the address and telephone number of the branch
312 location have been submitted to the department for inclusion in
313 the licensing record of the licensed agency within 30 days after
314 insurance transactions begin at the branch location.
315 (c) If an agency is required to be licensed but fails to
316 file an application for licensure in accordance with this
317 section, the department shall impose on the agency an
318 administrative penalty of up to $10,000.
319 (d) Effective October 1, 2015, the department must
320 automatically convert the registration of an approved registered
321 insurance agency to an insurance agency license.
322 (10)(8) No insurance agent, insurance agency, or other
323 person licensed under the Insurance Code may pay any fee or
324 other consideration to an unlicensed person other than an
325 insurance agency for the referral of prospective purchasers to
326 an insurance agent which is in any way dependent upon whether
327 the referral results in the purchase of an insurance product.
328 (11)(9) Any person who knowingly transacts insurance or
329 otherwise engages in insurance activities in this state without
330 a license in violation of this section commits a felony of the
331 third degree, punishable as provided in s. 775.082, s. 775.083,
332 or s. 775.084.
333 Section 11. Subsections (1) and (4) of section 626.171,
334 Florida Statutes, are amended to read:
335 626.171 Application for license as an agent, customer
336 representative, adjuster, umpire, service representative,
337 managing general agent, or reinsurance intermediary.—
338 (1) The department may not issue a license as agent,
339 customer representative, adjuster, umpire, service
340 representative, managing general agent, or reinsurance
341 intermediary to any person except upon written application filed
342 with the department, meeting the qualifications for the license
343 applied for as determined by the department, and payment in
344 advance of all applicable fees. The application must be made
345 under the oath of the applicant and be signed by the applicant.
346 An applicant may permit a third party to complete, submit, and
347 sign an application on the applicant’s behalf, but is
348 responsible for ensuring that the information on the application
349 is true and correct and is accountable for any misstatements or
350 misrepresentations. The department shall accept the uniform
351 application for nonresident agent licensing. The department may
352 adopt revised versions of the uniform application by rule.
353 (4) An applicant for a license as an agent, customer
354 representative, adjuster, umpire, service representative,
355 managing general agent, or reinsurance intermediary must submit
356 a set of the individual applicant’s fingerprints, or, if the
357 applicant is not an individual, a set of the fingerprints of the
358 sole proprietor, majority owner, partners, officers, and
359 directors, to the department and must pay the fingerprint
360 processing fee set forth in s. 624.501. Fingerprints shall be
361 used to investigate the applicant’s qualifications pursuant to
362 s. 626.201. The fingerprints shall be taken by a law enforcement
363 agency, designated examination center, or other department
364 approved entity. The department shall require all designated
365 examination centers to have fingerprinting equipment and to take
366 fingerprints from any applicant or prospective applicant who
367 pays the applicable fee. The department may not approve an
368 application for licensure as an agent, customer service
369 representative, adjuster, umpire, service representative,
370 managing general agent, or reinsurance intermediary if
371 fingerprints have not been submitted.
372 Section 12. Subsection (9) of section 626.207, Florida
373 Statutes, is amended to read:
374 626.207 Disqualification of applicants and licensees;
375 penalties against licensees; rulemaking authority.—
376 (9) Section 112.011 does not apply to any applicants for
377 licensure under the Florida Insurance Code, including, but not
378 limited to, agents, agencies, adjusters, adjusting firms,
379 umpires, customer representatives, or managing general agents.
380 Section 13. Subsections (1) and (2) of section 626.2815,
381 Florida Statutes, are amended to read:
382 626.2815 Continuing education requirements.—
383 (1) The purpose of this section is to establish
384 requirements and standards for continuing education courses for
385 individuals licensed to solicit, sell, or adjust insurance or to
386 serve as an umpire in the state.
387 (2) Except as otherwise provided in this section, this
388 section applies to individuals licensed to transact engage in
389 the sale of insurance or adjust adjustment of insurance claims
390 in this state for all lines of insurance for which an
391 examination is required for licensing and to individuals
392 licensed to serve as an umpire each insurer, employer, or
393 appointing entity, including, but not limited to, those created
394 or existing pursuant to s. 627.351. This section does not apply
395 to an individual who holds a license for the sale of any line of
396 insurance for which an examination is not required by the laws
397 of this state or who holds a limited license as a crop or hail
398 and multiple-peril crop insurance agent. Licensees who are
399 unable to comply with the continuing education requirements due
400 to active duty in the military may submit a written request for
401 a waiver to the department.
402 Section 14. Subsections (1), (3), (5), and (6) of section
403 626.451, Florida Statutes, are amended to read:
404 626.451 Appointment of agent or other representative.—
405 (1) Each appointing entity or person designated by the
406 department to administer the appointment process appointing an
407 agent, adjuster, umpire, service representative, customer
408 representative, or managing general agent in this state shall
409 file the appointment with the department or office and, at the
410 same time, pay the applicable appointment fee and taxes. Every
411 appointment shall be subject to the prior issuance of the
412 appropriate agent’s, adjuster’s, umpire’s, service
413 representative’s, customer representative’s, or managing general
414 agent’s license.
415 (3) By authorizing the effectuation of the appointment of
416 an agent, adjuster, umpire, service representative, customer
417 representative, or managing general agent the appointing entity
418 is thereby certifying to the department that it is willing to be
419 bound by the acts of the agent, adjuster, umpire, service
420 representative, customer representative, or managing general
421 agent, within the scope of the licensee’s employment or
422 appointment.
423 (5) Any law enforcement agency or state attorney’s office
424 that is aware that an agent, adjuster, umpire, service
425 representative, customer representative, or managing general
426 agent has pleaded guilty or nolo contendere to or has been found
427 guilty of a felony shall notify the department or office of such
428 fact.
429 (6) Upon the filing of an information or indictment against
430 an agent, adjuster, umpire, service representative, customer
431 representative, or managing general agent, the state attorney
432 shall immediately furnish the department or office a certified
433 copy of the information or indictment.
434 Section 15. Section 626.461, Florida Statutes, is amended
435 to read:
436 626.461 Continuation of appointment of agent or other
437 representative.—Subject to renewal or continuation by the
438 appointing entity, the appointment of the agent, adjuster,
439 umpire, service representative, customer representative, or
440 managing general agent shall continue in effect until the
441 person’s license is revoked or otherwise terminated, unless
442 written notice of earlier termination of the appointment is
443 filed with the department or person designated by the department
444 to administer the appointment process by either the appointing
445 entity or the appointee.
446 Section 16. Subsection (3) of section 626.521, Florida
447 Statutes, is amended to read:
448 626.521 Character, credit reports.—
449 (3) As to an applicant for an adjuster’s, umpire’s, or
450 reinsurance intermediary’s license who is to be self-employed,
451 the department may secure, at the cost of the applicant, a full
452 detailed credit and character report made by an established and
453 reputable independent reporting service relative to the
454 applicant.
455 Section 17. Subsection (1) of section 626.541, Florida
456 Statutes, is amended to read:
457 626.541 Firm, corporate, and business names; officers;
458 associates; notice of changes.—
459 (1) Any licensed agent, or adjuster, or umpire doing
460 business under a firm or corporate name or under any business
461 name other than his or her own individual name shall, within 30
462 days after initially transacting the initial transaction of
463 insurance or engaging in insurance activities under such
464 business name, file with the department, on forms adopted and
465 furnished by the department, a written statement of the firm,
466 corporate, or business name being so used, the address of any
467 office or offices or places of business making use of such name,
468 and the name and social security number of each officer and
469 director of the corporation and of each individual associated in
470 such firm or corporation as to the insurance transactions
471 thereof or in the use of such business name.
472 Section 18. Subsection (1) of section 626.601, Florida
473 Statutes, is amended to read:
474 626.601 Improper conduct; inquiry; fingerprinting.—
475 (1) The department or office may, upon its own motion or
476 upon a written complaint signed by any interested person and
477 filed with the department or office, inquire into any alleged
478 improper conduct of any licensed, approved, or certified
479 licensee, insurance agency, agent, adjuster, umpire, service
480 representative, managing general agent, customer representative,
481 title insurance agent, title insurance agency, mediator, neutral
482 evaluator, navigator, continuing education course provider,
483 instructor, school official, or monitor group under this code.
484 The department or office may thereafter initiate an
485 investigation of any such individual or entity if it has
486 reasonable cause to believe that the individual or entity has
487 violated any provision of the insurance code. During the course
488 of its investigation, the department or office shall contact the
489 individual or entity being investigated unless it determines
490 that contacting such individual or entity could jeopardize the
491 successful completion of the investigation or cause injury to
492 the public.
493 Section 19. Subsection (1) of section 626.611, Florida
494 Statutes, is amended to read:
495 626.611 Grounds for compulsory refusal, suspension, or
496 revocation of agent’s, title agency’s, adjuster’s, umpire’s,
497 customer representative’s, service representative’s, or managing
498 general agent’s license or appointment.—
499 (1) The department shall deny an application for, suspend,
500 revoke, or refuse to renew or continue the license or
501 appointment of any applicant, agent, title agency, adjuster,
502 umpire, customer representative, service representative, or
503 managing general agent, and it shall suspend or revoke the
504 eligibility to hold a license or appointment of any such person,
505 if it finds that as to the applicant, licensee, or appointee any
506 one or more of the following applicable grounds exist:
507 (a) Lack of one or more of the qualifications for the
508 license or appointment as specified in this code.
509 (b) Material misstatement, misrepresentation, or fraud in
510 obtaining the license or appointment or in attempting to obtain
511 the license or appointment.
512 (c) Failure to pass to the satisfaction of the department
513 any examination required under this code.
514 (d) If the license or appointment is willfully used, or to
515 be used, to circumvent any of the requirements or prohibitions
516 of this code.
517 (e) Willful misrepresentation of any insurance policy or
518 annuity contract or willful deception with regard to any such
519 policy or contract, done either in person or by any form of
520 dissemination of information or advertising.
521 (f) If, as an adjuster, or agent licensed and appointed to
522 adjust claims under this code, he or she has materially
523 misrepresented to an insured or other interested party the terms
524 and coverage of an insurance contract with intent and for the
525 purpose of effecting settlement of claim for loss or damage or
526 benefit under such contract on less favorable terms than those
527 provided in and contemplated by the contract.
528 (g) Demonstrated lack of fitness or trustworthiness to
529 engage in the business of insurance.
530 (h) Demonstrated lack of reasonably adequate knowledge and
531 technical competence to engage in the transactions authorized by
532 the license or appointment.
533 (i) Fraudulent or dishonest practices in the conduct of
534 business under the license or appointment.
535 (j) Misappropriation, conversion, or unlawful withholding
536 of moneys belonging to insurers or insureds or beneficiaries or
537 to others and received in conduct of business under the license
538 or appointment.
539 (k) Unlawfully rebating, attempting to unlawfully rebate,
540 or unlawfully dividing or offering to divide his or her
541 commission with another.
542 (l) Having obtained or attempted to obtain, or having used
543 or using, a license or appointment as agent or customer
544 representative for the purpose of soliciting or handling
545 “controlled business” as defined in s. 626.730 with respect to
546 general lines agents, s. 626.784 with respect to life agents,
547 and s. 626.830 with respect to health agents.
548 (m) Willful failure to comply with, or willful violation
549 of, any proper order or rule of the department or willful
550 violation of any provision of this code.
551 (n) Having been found guilty of or having pleaded guilty or
552 nolo contendere to a felony or a crime punishable by
553 imprisonment of 1 year or more under the law of the United
554 States of America or of any state thereof or under the law of
555 any other country which involves moral turpitude, without regard
556 to whether a judgment of conviction has been entered by the
557 court having jurisdiction of such cases.
558 (o) Fraudulent or dishonest practice in submitting or
559 aiding or abetting any person in the submission of an
560 application for workers’ compensation coverage under chapter 440
561 containing false or misleading information as to employee
562 payroll or classification for the purpose of avoiding or
563 reducing the amount of premium due for such coverage.
564 (p) Sale of an unregistered security that was required to
565 be registered, pursuant to chapter 517.
566 (q) In transactions related to viatical settlement
567 contracts as defined in s. 626.9911:
568 1. Commission of a fraudulent or dishonest act.
569 2. No longer meeting the requirements for initial
570 licensure.
571 3. Having received a fee, commission, or other valuable
572 consideration for his or her services with respect to viatical
573 settlements that involved unlicensed viatical settlement
574 providers or persons who offered or attempted to negotiate on
575 behalf of another person a viatical settlement contract as
576 defined in s. 626.9911 and who were not licensed life agents.
577 4. Dealing in bad faith with viators.
578 Section 20. Section 626.621, Florida Statutes, is amended
579 to read:
580 626.621 Grounds for discretionary refusal, suspension, or
581 revocation of agent’s, adjuster’s, umpire’s, customer
582 representative’s, service representative’s, or managing general
583 agent’s license or appointment.—The department may, in its
584 discretion, deny an application for, suspend, revoke, or refuse
585 to renew or continue the license or appointment of any
586 applicant, agent, adjuster, umpire, customer representative,
587 service representative, or managing general agent, and it may
588 suspend or revoke the eligibility to hold a license or
589 appointment of any such person, if it finds that as to the
590 applicant, licensee, or appointee any one or more of the
591 following applicable grounds exist under circumstances for which
592 such denial, suspension, revocation, or refusal is not mandatory
593 under s. 626.611:
594 (1) Any cause for which issuance of the license or
595 appointment could have been refused had it then existed and been
596 known to the department.
597 (2) Violation of any provision of this code or of any other
598 law applicable to the business of insurance in the course of
599 dealing under the license or appointment.
600 (3) Violation of any lawful order or rule of the
601 department, commission, or office.
602 (4) Failure or refusal, upon demand, to pay over to any
603 insurer he or she represents or has represented any money coming
604 into his or her hands belonging to the insurer.
605 (5) Violation of the provision against twisting, as defined
606 in s. 626.9541(1)(l).
607 (6) In the conduct of business under the license or
608 appointment, engaging in unfair methods of competition or in
609 unfair or deceptive acts or practices, as prohibited under part
610 IX of this chapter, or having otherwise shown himself or herself
611 to be a source of injury or loss to the public.
612 (7) Willful overinsurance of any property or health
613 insurance risk.
614 (8) Having been found guilty of or having pleaded guilty or
615 nolo contendere to a felony or a crime punishable by
616 imprisonment of 1 year or more under the law of the United
617 States of America or of any state thereof or under the law of
618 any other country, without regard to whether a judgment of
619 conviction has been entered by the court having jurisdiction of
620 such cases.
621 (9) If a life agent, violation of the code of ethics.
622 (10) Cheating on an examination required for licensure or
623 violating test center or examination procedures published
624 orally, in writing, or electronically at the test site by
625 authorized representatives of the examination program
626 administrator. Communication of test center and examination
627 procedures must be clearly established and documented.
628 (11) Failure to inform the department in writing within 30
629 days after pleading guilty or nolo contendere to, or being
630 convicted or found guilty of, any felony or a crime punishable
631 by imprisonment of 1 year or more under the law of the United
632 States or of any state thereof, or under the law of any other
633 country without regard to whether a judgment of conviction has
634 been entered by the court having jurisdiction of the case.
635 (12) Knowingly aiding, assisting, procuring, advising, or
636 abetting any person in the violation of or to violate a
637 provision of the insurance code or any order or rule of the
638 department, commission, or office.
639 (13) Has been the subject of or has had a license, permit,
640 appointment, registration, or other authority to conduct
641 business subject to any decision, finding, injunction,
642 suspension, prohibition, revocation, denial, judgment, final
643 agency action, or administrative order by any court of competent
644 jurisdiction, administrative law proceeding, state agency,
645 federal agency, national securities, commodities, or option
646 exchange, or national securities, commodities, or option
647 association involving a violation of any federal or state
648 securities or commodities law or any rule or regulation adopted
649 thereunder, or a violation of any rule or regulation of any
650 national securities, commodities, or options exchange or
651 national securities, commodities, or options association.
652 (14) Failure to comply with any civil, criminal, or
653 administrative action taken by the child support enforcement
654 program under Title IV-D of the Social Security Act, 42 U.S.C.
655 ss. 651 et seq., to determine paternity or to establish, modify,
656 enforce, or collect support.
657 (15) Directly or indirectly accepting any compensation,
658 inducement, or reward from an inspector for the referral of the
659 owner of the inspected property to the inspector or inspection
660 company. This prohibition applies to an inspection intended for
661 submission to an insurer in order to obtain property insurance
662 coverage or establish the applicable property insurance premium.
663 Section 21. Subsection (4) of section 626.641, Florida
664 Statutes, is amended to read:
665 626.641 Duration of suspension or revocation.—
666 (4) During the period of suspension or revocation of a
667 license or appointment, and until the license is reinstated or,
668 if revoked, a new license issued, the former licensee or
669 appointee may not engage in or attempt or profess to engage in
670 any transaction or business for which a license or appointment
671 is required under this code or directly or indirectly own,
672 control, or be employed in any manner by an agent, agency,
673 adjuster, or adjusting firm, or umpire.
674 Section 22. Subsection (2) of section 626.7845, Florida
675 Statutes, is amended to read:
676 626.7845 Prohibition against unlicensed transaction of life
677 insurance.—
678 (2) Except as provided in s. 626.112(8) 626.112(6), with
679 respect to any line of authority specified in s. 626.015(10), no
680 individual shall, unless licensed as a life agent:
681 (a) Solicit insurance or annuities or procure applications;
682 (b) In this state, engage or hold himself or herself out as
683 engaging in the business of analyzing or abstracting insurance
684 policies or of counseling or advising or giving opinions to
685 persons relative to insurance or insurance contracts other than:
686 1. As a consulting actuary advising an insurer; or
687 2. As to the counseling and advising of labor unions,
688 associations, trustees, employers, or other business entities,
689 the subsidiaries and affiliates of each, relative to their
690 interests and those of their members or employees under
691 insurance benefit plans; or
692 (c) In this state, from this state, or with a resident of
693 this state, offer or attempt to negotiate on behalf of another
694 person a viatical settlement contract as defined in s. 626.9911.
695 Section 23. Section 626.8305, Florida Statutes, is amended
696 to read:
697 626.8305 Prohibition against the unlicensed transaction of
698 health insurance.—Except as provided in s. 626.112(8)
699 626.112(6), with respect to any line of authority specified in
700 s. 626.015(6), no individual shall, unless licensed as a health
701 agent:
702 (1) Solicit insurance or procure applications; or
703 (2) In this state, engage or hold himself or herself out as
704 engaging in the business of analyzing or abstracting insurance
705 policies or of counseling or advising or giving opinions to
706 persons relative to insurance contracts other than:
707 (a) As a consulting actuary advising insurers; or
708 (b) As to the counseling and advising of labor unions,
709 associations, trustees, employers, or other business entities,
710 the subsidiaries and affiliates of each, relative to their
711 interests and those of their members or employees under
712 insurance benefit plans.
713 Section 24. Paragraph (a) of subsection (2) of section
714 626.8411, Florida Statutes, is amended to read:
715 626.8411 Application of Florida Insurance Code provisions
716 to title insurance agents or agencies.—
717 (2) The following provisions of part I do not apply to
718 title insurance agents or title insurance agencies:
719 (a) Section 626.112(9) 626.112(7), relating to licensing of
720 insurance agencies.
721 Section 25. Subsection (4) of section 626.8443, Florida
722 Statutes, is amended to read:
723 626.8443 Duration of suspension or revocation.—
724 (4) During the period of suspension or after revocation of
725 the license and appointment, the former licensee shall not
726 engage in or attempt to profess to engage in any transaction or
727 business for which a license or appointment is required under
728 this code or directly or indirectly own, control, or be employed
729 in any manner by any insurance agent or agency, or adjuster, or
730 adjusting firm, or umpire.
731 Section 26. Paragraph (d) is added to subsection (11) of
732 section 626.854, Florida Statutes, to read:
733 626.854 “Public adjuster” defined; prohibitions.—The
734 Legislature finds that it is necessary for the protection of the
735 public to regulate public insurance adjusters and to prevent the
736 unauthorized practice of law.
737 (11)
738 (d) If a public adjuster enters into a contract with an
739 insured or a claimant to perform an appraisal, as defined in s.
740 626.9964, the public adjuster may not charge, agree to, or
741 accept from any source compensation, payment, commission, fee,
742 or any other thing of value in excess of the limitations set
743 forth in paragraph (b) for the appraisal services or, if also
744 serving as adjuster on the claim, a combination of adjuster and
745 appraisal services.
746 Section 27. Section 626.8791, Florida Statutes, is created
747 to read:
748 626.8791 Contracts for appraisal services; required
749 notice.—A contract between an adjuster and an insured or
750 claimant to perform an appraisal must contain the following
751 language in at least 14-point boldfaced, uppercase type: “THERE
752 IS NO LEGAL REQUIREMENT THAT AN APPRAISER CHARGE A CLIENT A SET
753 FEE OR A PERCENTAGE OF MONEY RECOVERED IN A CASE. YOU, THE
754 CLIENT, HAVE THE RIGHT TO TALK WITH YOUR APPRAISER ABOUT THE
755 PROPOSED FEE AND TO BARGAIN ABOUT THE RATE OR PERCENTAGE AS IN
756 ANY OTHER CONTRACT. IF YOU DO NOT REACH AN AGREEMENT WITH ONE
757 APPRAISER, YOU MAY TALK WITH OTHER APPRAISERS.”
758 Section 28. Subsection (1) of section 626.9957, Florida
759 Statutes, is amended to read:
760 626.9957 Conduct prohibited; denial, revocation, or
761 suspension of registration.—
762 (1) As provided in s. 626.112, only a person licensed as an
763 insurance agent or customer representative may engage in the
764 solicitation of insurance. A person who engages in the
765 solicitation of insurance as described in s. 626.112(1) without
766 such license is subject to the penalties provided under s.
767 626.112(11) 626.112(9).
768 Section 29. Part XIV of chapter 626, Florida Statutes,
769 consisting of sections 626.9961 through 626.9968, is created to
770 read:
771 PART XIV
772 PROPERTY INSURANCE APPRAISAL UMPIRES
773 626.9961 Short title.—This part may be referred to as the
774 “Property Insurance Appraisal Umpire Law.”
775 626.9962 Legislative findings.—The Legislature finds it
776 necessary to regulate persons that hold themselves out to the
777 public as qualified to provide services as property insurance
778 appraisal umpires in order to protect the public safety and
779 welfare and to avoid economic injury to the residents of this
780 state. This part applies only to property insurance appraisal
781 umpires as defined in this part.
782 626.9963 Part supplements licensing law.—This part is
783 supplementary to part I, the “Licensing Procedures Law.”
784 626.9964 Definitions.—As used in this part, the term:
785 (1) “Appraisal” means, for purposes of licensure under this
786 part only, a process of alternative dispute resolution used in a
787 personal residential or commercial residential property
788 insurance claim.
789 (2) “Competent” means sufficiently qualified and capable of
790 performing an appraisal.
791 (3) “Department” means the Department of Financial
792 Services.
793 (4) “Property insurance appraisal umpire” or “umpire” means
794 a person selected by the appraisers representing the insurer and
795 the insured, or, if the appraisers cannot agree, by the court,
796 who is charged with resolving issues that the appraisers are
797 unable to agree upon during the course of an appraisal.
798 (5) “Property insurance appraiser” or “appraiser” means the
799 person selected by an insurer or insured to perform an
800 appraisal.
801 626.9965 Qualification for license as a property insurance
802 appraisal umpire.—
803 (1) The department shall issue a license as an umpire to a
804 person who meets the requirements of subsection (2) and is one
805 of the following:
806 (a) A retired county, circuit, or appellate judge.
807 (b) Licensed as an engineer pursuant to chapter 471 or is a
808 retired professional engineer as defined in s. 471.005.
809 (c) Licensed as a general contractor, building contractor,
810 or residential contractor pursuant to part I of chapter 489.
811 (d) Licensed or registered as an architect to engage in the
812 practice of architecture pursuant to part I of chapter 481.
813 (e) A member of The Florida Bar.
814 (f) Licensed as an adjuster pursuant to part VI of chapter
815 626, which license includes the property and casualty lines of
816 insurance. An adjuster must have been licensed for at least 5
817 years as an adjuster before he or she may be licensed as an
818 umpire.
819 (2) An applicant may be licensed to practice in this state
820 as an umpire if the applicant:
821 (a) Is a natural person at least 18 years of age;
822 (b) Is a United Stated citizen or legal alien who possesses
823 work authorization from the United States Bureau of Citizenship
824 and Immigration;
825 (c) Is of good moral character;
826 (d) Has paid the applicable fees specified in s. 624.501;
827 and
828 (e) Has, before the date of the application for licensure,
829 satisfactorily completed education courses approved by the
830 department covering:
831 1. At least 19 hours of insurance claims estimating; and
832 2. At least 5 hours of insurance law, ethics for insurance
833 professionals, disciplinary trends, and case studies.
834 (3) The department may not reject an application solely
835 because the applicant is or is not a member of a given appraisal
836 organization.
837 626.9966 Grounds for refusal, suspension, or revocation of
838 an umpire license or appointment.—The department may deny an
839 application for license or appointment under this part; suspend,
840 revoke, or refuse to renew or continue a license or appointment
841 of an umpire; or suspend or revoke eligibility for licensure or
842 appointment as an umpire if the department finds that one or
843 more of the following applicable grounds exist:
844 (1) Violating a duty imposed upon him or her by law or by
845 the terms of the umpire agreement; aiding, assisting, or
846 conspiring with any other person engaged in any such misconduct
847 and in furtherance thereof; or forming the intent, design, or
848 scheme to engage in such misconduct and committing an overt act
849 in furtherance of such intent, design, or scheme. An umpire
850 commits a violation of this part regardless of whether the
851 victim or intended victim of the misconduct has sustained any
852 damage or loss; the damage or loss has been settled and paid
853 after the discovery of misconduct; or the victim or intended
854 victim is an insurer or customer or a person in a confidential
855 relationship with the umpire or is an identified member of the
856 general public.
857 (2) Having a registration, license, or certification to
858 practice or conduct any regulated profession, business, or
859 vocation revoked, suspended, or encumbered; or having an
860 application for such registration, licensure, or certification
861 to practice or conduct any regulated profession, business, or
862 vocation denied, by this or any other state, any nation, or any
863 possession or district of the United States.
864 (3) Making or filing a report or record, written or oral,
865 which the umpire knows to be false; willfully failing to file a
866 report or record required by state or federal law; willfully
867 impeding or obstructing such filing; or inducing another person
868 to impede or obstruct such filing.
869 (4) Agreeing to serve as an umpire if service is contingent
870 upon the umpire reporting a predetermined amount, analysis, or
871 opinion.
872 (5) Agreeing to serve as an umpire, if the fee to be paid
873 for his or her services is contingent upon the opinion,
874 conclusion, or valuation he or she reaches.
875 (6) Failure of an umpire, without good cause, to
876 communicate within 10 business days after a request for
877 communication from an appraiser.
878 (7) Violation of any ethical standard for umpires specified
879 in s. 626.9967.
880 626.9967 Ethical standards for property insurance appraisal
881 umpires.—
882 (1) FEES AND EXPENSES.—
883 (a) The fees charged by an umpire must be reasonable and
884 consistent with the nature of the case.
885 (b) In determining fees, an umpire:
886 1. Must charge on an hourly basis and may bill only for
887 actual time spent on or allocated for the appraisal.
888 2. May not charge, agree to, or accept as compensation or
889 reimbursement any payment, commission, or fee that is based on a
890 percentage of the value of the claim or that is contingent upon
891 a specified outcome.
892 3. May charge for costs actually incurred, and no other
893 costs.
894 (c) An appraiser may assign the duty of paying the umpire’s
895 fee to, and the umpire is entitled to receive payment directly
896 from, the insurer and the insured only if the insurer and the
897 insured acknowledge and accept that duty and agree in writing to
898 be responsible for payment.
899 (2) MAINTENANCE OF RECORDS.—An umpire shall maintain
900 records necessary to support charges for services and expenses,
901 and, upon request, shall provide an accounting of all applicable
902 charges to the insurer and insured. An umpire shall retain
903 original or true copies of any contracts engaging his or her
904 services, appraisal reports, and supporting data assembled and
905 formulated by the umpire in preparing appraisal reports for at
906 least 5 years. The umpire shall make the records available to
907 the department for inspection and copying within 7 business days
908 after a request. If an appraisal has been the subject of, or has
909 been admitted as evidence in, a lawsuit, reports and records
910 related to the appraisal must be retained for at least 2 years
911 after the date that the trial ends.
912 (3) ADVERTISING.—An umpire may not engage in marketing
913 practices that contain false or misleading information. An
914 umpire shall ensure that any advertisement of his or her
915 qualifications, services to be rendered, or the appraisal
916 process are accurate and honest. An umpire may not make claims
917 of achieving specific outcomes or promises implying favoritism
918 for the purpose of obtaining business.
919 (4) INTEGRITY AND IMPARTIALITY.—
920 (a)1. An umpire may not accept an appraisal unless he or
921 she can serve competently, promptly commence the appraisal and,
922 thereafter, devote the time and attention to its completion in
923 the manner expected by all persons involved in the appraisal.
924 2. An umpire shall conduct the appraisal process in a
925 manner that advances the fair and efficient resolution of issues
926 that arise.
927 3. An umpire shall deliberate and decide all issues within
928 the scope of the appraisal, but may not render a decision on any
929 other issues. An umpire shall decide all matters justly,
930 exercising independent judgment. An umpire may not delegate his
931 or her duties to any other person. An umpire who considers the
932 opinion of an expert does not violate this paragraph. However,
933 the umpire must disclose the expert’s fees before retaining the
934 expert.
935 (b) An umpire may not engage in any business, provide any
936 service, or perform any act that would compromise his or her
937 integrity or impartiality.
938 (5) SKILL AND EXPERIENCE.—An umpire shall decline or
939 withdraw from an appraisal or request appropriate assistance
940 when the facts and circumstances of the appraisal prove to be
941 beyond his or her skill or experience.
942 (6) GIFTS AND SOLICITATION.—An umpire or any individual or
943 entity acting on behalf of an umpire may not solicit, accept,
944 give, or offer to give, directly or indirectly, any gift, favor,
945 loan, or other item of value in excess of $25 to any individual
946 who participates in the appraisal, for the purpose of
947 solicitation or otherwise attempting to procure future work from
948 any person who participates in the appraisal, or as an
949 inducement to entering into an appraisal with an umpire. This
950 subsection does not prevent an umpire from accepting other
951 appraisals where the appraisers agree upon the umpire or the
952 court appoints the umpire.
953 (7) EX PARTE COMMUNICATION.—In any property insurance
954 appraisal, ex parte communication between an umpire and an
955 appraiser is prohibited. However, an appraiser may communicate
956 with another appraiser, if an umpire is not present or does not
957 receive the ex parte communication.
958 626.9968 Conflicts of interest.—An insurer or a
959 policyholder may challenge an umpire’s impartiality and
960 disqualify the proposed umpire only if:
961 (1) A familial relationship within the third degree exists
962 between the umpire and a party or a representative of a party;
963 (2) The umpire has previously represented a party in a
964 professional capacity in the same claim or matter involving the
965 same property;
966 (3) The umpire has represented another person in a
967 professional capacity in the same or a substantially related
968 matter that includes the claim, the same property or an adjacent
969 property, and the other person’s interests are materially
970 adverse to the interests of a party;
971 (4) The umpire has worked as an employer or employee of a
972 party within the preceding 5 years; or
973 (5) The umpire has violated s. 626.9966.
974 Section 30. Section 627.70151, Florida Statutes, is
975 repealed.
976 Section 31. For the 2016-2017 fiscal year, the sums of
977 $24,000 in recurring funds from the Insurance Regulatory Trust
978 Fund and $73,107 in recurring funds and $39,230 in nonrecurring
979 funds from the Administrative Trust Fund are appropriated to the
980 Department of Financial Services, and one full-time equivalent
981 position with associated salary rate of 47,291 is authorized,
982 for the purpose of implementing this act.
983 Section 32. This act applies to all appraisals requested on
984 or after October 1, 2016.
985 Section 33. This act shall take effect October 1, 2016.
986
987 ================= T I T L E A M E N D M E N T ================
988 And the title is amended as follows:
989 Delete everything before the enacting clause
990 and insert:
991 A bill to be entitled
992 An act relating to property insurance appraisers and
993 property insurance appraisal umpires; amending s.
994 624.04, F.S.; revising the definition of the term
995 “person”; amending s. 624.303, F.S.; exempting
996 certificates issued to property insurance appraisal
997 umpires from the requirement to bear a seal of the
998 Department of Financial Services; amending s. 624.311,
999 F.S.; providing a schedule for destruction of property
1000 insurance appraisal umpire licensing files and
1001 records; amending s. 624.317, F.S.; authorizing the
1002 department to investigate property insurance appraisal
1003 umpires for violations of the insurance code; amending
1004 s. 624.501, F.S.; authorizing specified licensing fees
1005 for property insurance appraisal umpires; amending s.
1006 624.523, F.S.; requiring fees associated with property
1007 insurance appraisal umpires’ appointments to be
1008 deposited into the Insurance Regulatory Trust Fund;
1009 amending s. 626.015, F.S.; providing a definition;
1010 amending s. 626.016, F.S.; revising the scope of the
1011 Chief Financial Officer’s powers and duties and the
1012 department’s enforcement jurisdiction to include
1013 umpires; amending s. 626.022, F.S.; including property
1014 insurance appraisal umpire licensing in the scope of
1015 part I of chapter 626, F.S., relating to licensing
1016 procedures; amending s. 626.112, F.S.; requiring
1017 umpires to be licensed and appointed; requiring
1018 licensure as an adjuster when serving as an appraiser
1019 under certain conditions; providing that only a self
1020 appointed insurance appraiser may serve as an
1021 adjuster; amending s. 626.171, F.S.; requiring
1022 applicants for licensure as an umpire to submit
1023 fingerprints to the department; amending s. 626.207,
1024 F.S.; excluding applicants for licensure as umpires
1025 from application of s. 112.011, F.S., relating to
1026 disqualification from license or public employment;
1027 amending s. 626.2815, F.S.; requiring specified
1028 continuing education for licensure as an umpire;
1029 amending s. 626.451, F.S.; providing requirements
1030 relating to the appointment of an umpire; amending s.
1031 626.461, F.S.; providing that an umpire appointment
1032 continues in effect, subject to renewal or earlier
1033 written notice of termination, until the person’s
1034 license is revoked or otherwise terminated; amending
1035 s. 626.521, F.S.; authorizing the department to obtain
1036 a credit and character report for certain umpire
1037 applicants; amending s. 626.541, F.S.; requiring an
1038 umpire to provide certain information to the
1039 department when doing business under a different
1040 business name or when information in the licensure
1041 application changes; amending s. 626.601, F.S.;
1042 authorizing the department or office to investigate
1043 improper conduct of any licensed umpire; amending s.
1044 626.611, F.S.; requiring the department to refuse,
1045 suspend, or revoke an umpire’s license under certain
1046 circumstances; amending s. 626.621, F.S.; authorizing
1047 the department to refuse, suspend, or revoke an
1048 umpire’s license under certain circumstances; amending
1049 s. 626.641, F.S.; prohibiting an umpire from owning,
1050 controlling, or being employed by other licensees
1051 during the period the umpire’s license is suspended or
1052 revoked; amending ss. 626.7845, 626.8305, and
1053 626.8411, F.S.; conforming provisions to changes made
1054 by the act; amending s. 626.8443, F.S.; prohibiting a
1055 title insurance agent from owning, controlling, or
1056 being employed by an umpire during the period the
1057 agent’s license is suspended or revoked; amending s.
1058 626.854, F.S.; providing limitations on fees charged
1059 by a public adjuster during an appraisal; creating s.
1060 626.8791, F.S.; establishing required notice in a
1061 contract for appraisal services; amending s. 626.9957,
1062 F.S.; conforming a cross-reference; creating part XIV
1063 of chapter 626, F.S., relating to property insurance
1064 appraisal umpires; creating s. 626.9961, F.S.;
1065 providing a short title; creating s. 626.9962, F.S.;
1066 providing legislative purpose; creating s. 626.9963,
1067 F.S.; providing that the part supplements part I of
1068 chapter 626, F.S., the “Licensing Procedure Law”;
1069 creating s. 626.9964, F.S.; providing definitions;
1070 creating s. 626.9965, F.S.; providing qualifications
1071 for license as an umpire; creating s. 626.9966, F.S.;
1072 authorizing the department to refuse, suspend, or
1073 revoke an umpire’s license under certain
1074 circumstances; creating s. 626.9967, F.S.; providing
1075 ethical standards for property insurance appraisal
1076 umpires; creating s. 626.9968, F.S.; providing for
1077 disqualification of an umpire under certain
1078 circumstances; repealing s. 627.70151, F.S., relating
1079 to appraisal conflicts of interest; providing an
1080 appropriation and authorizing positions; providing
1081 applicability; providing an effective date.
