Bill Text: FL S0922 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Insurance Adjusters

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2017-05-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 911 (Ch. 2017-147), CS/CS/HB 925 (Ch. 2017-175) [S0922 Detail]

Download: Florida-2017-S0922-Introduced.html
       Florida Senate - 2017                                     SB 922
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-01171A-17                                           2017922__
    1                        A bill to be entitled                      
    2         An act relating to insurance adjusters; amending s.
    3         624.501, F.S.; deleting a fee for an original or
    4         renewal license for an adjusting firm; amending s.
    5         626.015, F.S.; redefining the term “adjuster”;
    6         amending s. 626.022, F.S.; revising applicability of
    7         the Licensing Procedures Law to include adjusting
    8         firms; amending s. 626.112, F.S.; prohibiting certain
    9         entities from acting as insurance adjusting firms
   10         without specified licenses; providing an exemption;
   11         providing construction; specifying that an unlicensed
   12         firm is subject to a certain administrative penalty;
   13         deleting a requirement for the Department of Financial
   14         Services to automatically convert a certain
   15         registration to an insurance agency license as of a
   16         certain date; amending s. 626.854, F.S.; redefining
   17         the term “public adjuster”; deleting a certain
   18         prohibited act of a public adjuster; deleting a
   19         provision specifying the method for an insured or
   20         claimant to provide certain notice to an insurer;
   21         redefining the term “written advertisement”; providing
   22         construction relating to a certain limitation on
   23         public adjuster compensation; revising a prohibition
   24         against certain entities relating to a contract or
   25         power of attorney that vests certain authority in a
   26         property insurance claim; conforming a cross
   27         reference; repealing s. 626.8541, F.S., relating to
   28         public adjuster apprentices; amending s. 626.8548,
   29         F.S.; redefining the term “all-lines adjuster”;
   30         creating s. 626.8561, F.S.; defining the term “public
   31         adjuster apprentice”; amending s. 626.8584, F.S.;
   32         redefining the term “nonresident all-lines adjuster”;
   33         amending s. 626.861, F.S.; revising construction;
   34         amending s. 626.864, F.S.; revising the permissible
   35         appointments of all-lines adjusters; amending s.
   36         626.865, F.S.; revising the qualifications for
   37         licensure for public adjusters; amending s. 626.8651,
   38         F.S.; replacing public adjuster apprentice licensing
   39         provisions with public adjuster apprentice appointment
   40         provisions; specifying qualifications for such
   41         appointments; revising requirements and limitations
   42         for public adjusting firms and public adjusters that
   43         supervise public adjuster apprentices; revising
   44         certain prohibited acts and exceptions to such acts of
   45         a public adjuster apprentice; conforming provisions to
   46         changes made by the act; amending s. 626.8695, F.S.;
   47         revising requirements for certain entities in
   48         designating primary adjusters; redefining the term
   49         “primary adjuster”; revising the accountability of a
   50         primary adjuster for persons under his or her
   51         supervision; revising a prohibition against an
   52         adjusting firm location conducting insurance business
   53         under certain circumstances; providing for
   54         construction relating to expiration of a firm license
   55         under certain circumstances; revising procedures for
   56         an adjusting firm to determine a person’s current
   57         licensure status; conforming a provision to changes
   58         made by the act; amending s. 626.8696, F.S.; revising
   59         conditions for an adjusting firm license; revising
   60         application requirements for such license; providing
   61         rulemaking authority of the department; prohibiting
   62         the department from requiring certain information on
   63         an application; providing construction; repealing s.
   64         626.872, F.S., relating to temporary licenses;
   65         amending s. 626.874, F.S.; revising conditions for the
   66         department to issue licenses for catastrophe or
   67         emergency adjusters; amending s. 626.875, F.S.;
   68         revising the minimum time period in a records
   69         retention requirement for adjusters; amending s.
   70         626.876, F.S.; revising certain prohibitions relating
   71         to exclusive employment of public adjusters and
   72         certain all-lines adjusters; repealing s. 626.879,
   73         F.S., relating to pools of insurance adjusters;
   74         amending s. 626.9953, F.S.; conforming a cross
   75         reference; providing an effective date.
   76          
   77  Be It Enacted by the Legislature of the State of Florida:
   78  
   79         Section 1. Subsection (20) of section 624.501, Florida
   80  Statutes, is amended to read:
   81         624.501 Filing, license, appointment, and miscellaneous
   82  fees.—The department, commission, or office, as appropriate,
   83  shall collect in advance, and persons so served shall pay to it
   84  in advance, fees, licenses, and miscellaneous charges as
   85  follows:
   86         (20) Adjusting firm, original or renewal 3-year
   87  license...................................................$60.00
   88         Section 2. Subsection (1) of section 626.015, Florida
   89  Statutes, is amended to read:
   90         626.015 Definitions.—As used in this part:
   91         (1) “Adjuster” means a public adjuster as defined in s.
   92  626.854, an independent adjuster as defined in s. 626.855, a
   93  company employee adjuster as defined in s. 626.856, or a public
   94  adjuster apprentice as defined in s. 626.8561 s. 626.8541, or an
   95  all-lines adjuster as defined in s. 626.8548.
   96         Section 3. Subsection (1) of section 626.022, Florida
   97  Statutes, is amended to read:
   98         626.022 Scope of part.—
   99         (1) This part applies as to insurance agents, service
  100  representatives, adjusters, adjusting firms, and insurance
  101  agencies; as to any and all kinds of insurance; and as to stock
  102  insurers, mutual insurers, reciprocal insurers, and all other
  103  types of insurers, except that:
  104         (a) It does not apply as to reinsurance, except that ss.
  105  626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
  106  626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541
  107  626.591, and ss. 626.601-626.711 shall apply as to reinsurance
  108  intermediaries as defined in s. 626.7492.
  109         (b) The applicability of this chapter as to fraternal
  110  benefit societies shall be as provided in chapter 632.
  111         (c) It does not apply to a bail bond agent, as defined in
  112  s. 648.25, except as provided in chapter 648 or chapter 903.
  113         (d) This part does not apply to a certified public
  114  accountant licensed under chapter 473 who is acting within the
  115  scope of the practice of public accounting, as defined in s.
  116  473.302, provided that the activities of the certified public
  117  accountant are limited to advising a client of the necessity of
  118  obtaining insurance, the amount of insurance needed, or the line
  119  of coverage needed, and provided that the certified public
  120  accountant does not directly or indirectly receive or share in
  121  any commission or referral fee.
  122         Section 4. Subsection (7) of section 626.112, Florida
  123  Statutes, is amended to read:
  124         626.112 License and appointment required; agents, customer
  125  representatives, adjusters, insurance agencies, service
  126  representatives, managing general agents.—
  127         (7)(a) An individual, firm, partnership, corporation,
  128  association, or other entity may shall not act in its own name
  129  or under a trade name, directly or indirectly, as an insurance
  130  agency unless it complies with s. 626.172 with respect to
  131  possessing an insurance agency license for each place of
  132  business at which it engages in an activity that may be
  133  performed only by a licensed insurance agent. However, an
  134  insurance agency that is owned and operated by a single licensed
  135  agent conducting business in his or her individual name and not
  136  employing or otherwise using the services of or appointing other
  137  licensees is shall be exempt from the agency licensing
  138  requirements of this subsection.
  139         (b) A branch place of business that is established by a
  140  licensed agency is considered a branch agency and is not
  141  required to be licensed so long as it transacts business under
  142  the same name and federal tax identification number as the
  143  licensed agency and has designated with the department a
  144  licensed agent in charge of the branch location as required by
  145  s. 626.0428 and the address and telephone number of the branch
  146  location have been submitted to the department for inclusion in
  147  the licensing record of the licensed agency within 30 days after
  148  insurance transactions begin at the branch location.
  149         (c) An individual, a firm, a partnership, a corporation, an
  150  association, or other entity may not act in its own name or
  151  under a trade name, directly or indirectly, as an insurance
  152  adjusting firm unless it possesses an adjusting firm license
  153  under s. 626.8696 for each place of business at which it engages
  154  in an activity that may be performed only by a licensed
  155  adjuster. However, an insurance company authorized to transact
  156  insurance in this state which directly appoints adjusters, or an
  157  adjusting firm that is owned and operated by a single licensed
  158  adjuster who is conducting business in his or her individual
  159  name and who is not employing or otherwise using the services of
  160  or appointing other licensees, is exempt from the adjusting firm
  161  licensing requirements of this subsection.
  162         (d) A branch place of business that is established by a
  163  licensed adjusting firm is considered a branch firm and is not
  164  required to be licensed so long as:
  165         1. It transacts business under the same name and federal
  166  tax identification number as the licensed adjusting firm;
  167         2. It has designated with the department a licensed primary
  168  adjuster in charge of the branch location as required by s.
  169  626.8695; and
  170         3. Within 30 days after insurance transactions begin at the
  171  branch location, the address and telephone number of the branch
  172  location are submitted to the department for inclusion in the
  173  licensing record of the licensed adjusting firm.
  174         (e)(c) If an agency or firm is required to be licensed but
  175  fails to file an application for licensure in accordance with
  176  this section, the department must shall impose on the agency or
  177  firm an administrative penalty of up to $10,000.
  178         (d) Effective October 1, 2015, the department must
  179  automatically convert the registration of an approved registered
  180  insurance agency to an insurance agency license.
  181         Section 5. Present subsections (7) through (19) of section
  182  626.854, Florida Statutes, are redesignated as subsections (6)
  183  through (18), respectively, subsection (1), present subsections
  184  (6) and (7), paragraph (b) of present subsection (8), and
  185  present subsections (18) and (19) of that section are amended,
  186  present paragraph (c) of present subsection (11) of that section
  187  is redesignated as paragraph (d), and a new paragraph (c) is
  188  added to that subsection, to read:
  189         626.854 “Public adjuster” defined; prohibitions.—The
  190  Legislature finds that it is necessary for the protection of the
  191  public to regulate public insurance adjusters and to prevent the
  192  unauthorized practice of law.
  193         (1) A “public adjuster” is any person, except a duly
  194  licensed attorney at law as exempted under s. 626.860, who, for
  195  money, commission, or any other thing of value, directly or
  196  indirectly prepares, completes, or files an insurance claim form
  197  for an insured or third-party claimant or who, for money,
  198  commission, or any other thing of value, acts on behalf of, or
  199  aids an insured or third-party claimant in negotiating for or
  200  effecting the settlement of a claim or claims for loss or damage
  201  covered by an insurance contract or who advertises for
  202  employment as an adjuster of such claims. The term also includes
  203  any person who, for money, commission, or any other thing of
  204  value, directly or indirectly solicits, investigates, or adjusts
  205  such claims on behalf of a public adjuster.
  206         (6) A public adjuster may not directly or indirectly
  207  through any other person or entity initiate contact or engage in
  208  face-to-face or telephonic solicitation or enter into a contract
  209  with any insured or claimant under an insurance policy until at
  210  least 48 hours after the occurrence of an event that may be the
  211  subject of a claim under the insurance policy unless contact is
  212  initiated by the insured or claimant.
  213         (6)(7) An insured or claimant may cancel a public
  214  adjuster’s contract to adjust a claim without penalty or
  215  obligation within 3 business days after the date on which the
  216  contract is executed or within 3 business days after the date on
  217  which the insured or claimant has notified the insurer of the
  218  claim, by phone or in writing, whichever is later. The public
  219  adjuster’s contract must disclose to the insured or claimant his
  220  or her right to cancel the contract and advise the insured or
  221  claimant that notice of cancellation must be submitted in
  222  writing and sent by certified mail, return receipt requested, or
  223  other form of mailing that provides proof thereof, to the public
  224  adjuster at the address specified in the contract; provided,
  225  during any state of emergency as declared by the Governor and
  226  for 1 year after the date of loss, the insured or claimant has 5
  227  business days after the date on which the contract is executed
  228  to cancel a public adjuster’s contract.
  229         (7)(8) It is an unfair and deceptive insurance trade
  230  practice pursuant to s. 626.9541 for a public adjuster or any
  231  other person to circulate or disseminate any advertisement,
  232  announcement, or statement containing any assertion,
  233  representation, or statement with respect to the business of
  234  insurance which is untrue, deceptive, or misleading.
  235         (b) For purposes of this paragraph, the term “written
  236  advertisement” includes only newspapers, magazines, flyers, and
  237  bulk mailers, and websites. The following disclaimer, which is
  238  not required to be printed on standard size business cards, must
  239  be added in bold print and capital letters in typeface no
  240  smaller than the typeface of the body of the text to all written
  241  advertisements by a public adjuster:
  242  
  243         “THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD
  244         A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU
  245         ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU
  246         MAY DISREGARD THIS ADVERTISEMENT.”
  247  
  248         (10)(11)
  249         (c)For purposes of paragraph (b), insurance claim payments
  250  by the insurer do not include policy deductibles, and public
  251  adjuster compensation may not be based on the deductible portion
  252  of a claim.
  253         (17)(18) A public adjuster, a public adjuster apprentice,
  254  or a person acting on behalf of an adjuster or apprentice may
  255  not enter into a contract or accept a power of attorney that
  256  vests in the public adjuster, the public adjuster apprentice, or
  257  the person acting on behalf of the adjuster or apprentice the
  258  effective authority to choose the persons or entities that will
  259  perform salvage, repair, or any other work in a property
  260  insurance claim.
  261         (18)(19) Subsections (5)-(17) (5)-(18) apply only to
  262  residential property insurance policies and condominium unit
  263  owner policies as described in s. 718.111(11).
  264         Section 6. Section 626.8541, Florida Statutes, is repealed.
  265         Section 7. Section 626.8548, Florida Statutes, is amended
  266  to read:
  267         626.8548 “All-lines adjuster” defined.—An “all-lines
  268  adjuster” is a person who, for money, commission, or any other
  269  thing of value, directly or indirectly is self-employed or
  270  employed by an insurer, a wholly owned subsidiary of an insurer,
  271  or an independent adjusting firm or other independent adjuster,
  272  and who undertakes on behalf of a public adjuster or an insurer
  273  or other insurers under common control or ownership to ascertain
  274  and determine the amount of any claim, loss, or damage payable
  275  under an insurance contract or undertakes to effect settlement
  276  of such claim, loss, or damage. The term also includes any
  277  person who, for money, commission, or any other thing of value,
  278  directly or indirectly solicits claims on behalf of a public
  279  adjuster. The term does not apply to life insurance or annuity
  280  contracts.
  281         Section 8. Section 626.8561, Florida Statutes, is created
  282  to read:
  283         626.8561 “Public adjuster apprentice” defined.—A “public
  284  adjuster apprentice” is a person licensed as an all-lines
  285  adjuster who:
  286         (1) Is appointed and employed by a public adjuster or a
  287  public adjusting firm;
  288         (2) Assists the public adjuster or public adjusting firm in
  289  ascertaining and determining the amount of any claim, loss, or
  290  damage payable under an insurance contract, or who undertakes to
  291  effect settlement of such claim, loss, or damage; and
  292         (3) Satisfies the requirements of s. 626.8651.
  293         Section 9. Section 626.8584, Florida Statutes, is amended
  294  to read:
  295         626.8584 “Nonresident all-lines adjuster” defined.—A
  296  “nonresident all-lines adjuster” means a person who:
  297         (1) Is not a resident of this state;
  298         (2) Is currently licensed as an adjuster in his or her
  299  state of residence for all lines of insurance except life and
  300  annuities or, if a resident of a state that does not license
  301  such adjusters, meets the qualifications prescribed in s.
  302  626.8734; and
  303         (3) Is licensed as an all-lines adjuster and self-appointed
  304  or appointed and employed by an independent adjusting firm or
  305  other independent adjuster, by an insurer admitted to do
  306  business in this state or a wholly owned subsidiary of an
  307  insurer admitted to do business in this state, or by a public
  308  adjuster or a public adjusting firm other insurers under the
  309  common control or ownership of such insurer.
  310         Section 10. Subsection (1) of section 626.861, Florida
  311  Statutes, is amended to read:
  312         626.861 Insurer’s officers, insurer’s employees, reciprocal
  313  insurer’s representatives; adjustments by.—
  314         (1) Nothing in This part may not shall be construed to
  315  prevent an executive officer of any insurer, or a regularly
  316  salaried employee of an insurer handling claims with respect to
  317  health insurance, a regularly salaried employee of an insurer
  318  handling claims with respect to residential property if the
  319  sublimit coverage does not exceed $500, or the duly designated
  320  attorney or agent authorized and acting for subscribers to
  321  reciprocal insurers, from adjusting any claim loss or damage
  322  under any insurance contract of such insurer.
  323         Section 11. Subsection (3) of section 626.864, Florida
  324  Statutes, is amended to read:
  325         626.864 Adjuster license types.—
  326         (3) An all-lines adjuster may be appointed as an
  327  independent adjuster, public adjuster apprentice, or company
  328  employee adjuster, but not more than one of these both
  329  concurrently.
  330         Section 12. Paragraphs (d) and (e) of subsection (1) of
  331  section 626.865, Florida Statutes, are amended to read:
  332         626.865 Public adjuster’s qualifications, bond.—
  333         (1) The department shall issue a license to an applicant
  334  for a public adjuster’s license upon determining that the
  335  applicant has paid the applicable fees specified in s. 624.501
  336  and possesses the following qualifications:
  337         (d) Has had sufficient experience, training, or instruction
  338  concerning the adjusting of damages or losses under insurance
  339  contracts, other than life and annuity contracts, is
  340  sufficiently informed as to the terms and effects of the
  341  provisions of those types of insurance contracts, and possesses
  342  adequate knowledge of the laws of this state relating to such
  343  contracts as to enable and qualify him or her to engage in the
  344  business of insurance adjuster fairly and without injury to the
  345  public or any member thereof with whom the applicant may have
  346  business as a public adjuster, or has been licensed and employed
  347  as a resident insurance company adjuster or independent adjuster
  348  in this state on a continual basis for the past year.
  349         (e) Has been licensed in this state as an all-lines
  350  adjuster, and has been appointed on a continual basis for the
  351  previous 6 months Is licensed as a public adjuster apprentice
  352  under s. 626.8561, as an independent adjuster under s. 626.855,
  353  or as a company employee adjuster under s. 626.856 s. 626.8651
  354  and complies with the requirements of that license throughout
  355  the licensure period.
  356         Section 13. Section 626.8651, Florida Statutes, is amended
  357  to read:
  358         626.8651 Public adjuster apprentice appointment license;
  359  qualifications.—
  360         (1)(a) The department shall issue an appointment a license
  361  as a public adjuster apprentice to a licensee who an applicant
  362  who is:
  363         1.Is licensed as an all-lines adjuster under s. 626.866;
  364         2. Has filed with the department a bond executed and issued
  365  by a surety insurer that is authorized to transact such business
  366  in this state in the amount of $50,000, which is conditioned
  367  upon the faithful performance of his or her duties as a public
  368  adjuster apprentice; and
  369         3. Maintains such bond unimpaired throughout the existence
  370  of the appointment and for at least 1 year after termination of
  371  the appointment.
  372         (b) The bond must be in favor of the department and must
  373  specifically authorize recovery by the department of the damages
  374  sustained in case the licensee commits fraud or unfair practices
  375  in connection with his or her business as a public adjuster
  376  apprentice. The aggregate liability of the surety for all such
  377  damages may not exceed the amount of the bond, and the bond may
  378  not be terminated by the issuing insurer unless written notice
  379  of at least 30 days is given to the licensee and filed with the
  380  department (a) A natural person at least 18 years of age.
  381         (b) A United States citizen or legal alien who possesses
  382  work authorization from the United States Bureau of Citizenship
  383  and Immigration Services.
  384         (c) Trustworthy and has such business reputation as would
  385  reasonably ensure that the applicant will conduct business as a
  386  public adjuster apprentice fairly and in good faith and without
  387  detriment to the public.
  388         (2) All applicable license fees, as prescribed in s.
  389  624.501, must be paid in full before issuance of the license.
  390         (3) An applicant must pass the required written examination
  391  before a license may be issued.
  392         (4) An applicant must have received designation as an
  393  Accredited Claims Adjuster (ACA), as a Certified Adjuster (CA),
  394  or as a Certified Claims Adjuster (CCA) after completion of
  395  training that qualifies the applicant to engage in the business
  396  of a public adjuster apprentice fairly and without injury to the
  397  public. Such training and instruction must address adjusting
  398  damages and losses under insurance contracts, the terms and
  399  effects of insurance contracts, and knowledge of the laws of
  400  this state relating to insurance contracts.
  401         (5) At the time of application for license as a public
  402  adjuster apprentice, the applicant shall file with the
  403  department a bond executed and issued by a surety insurer
  404  authorized to transact such business in this state in the amount
  405  of $50,000, conditioned upon the faithful performance of his or
  406  her duties as a public adjuster apprentice under the license for
  407  which the applicant has applied, and thereafter maintain the
  408  bond unimpaired throughout the existence of the license and for
  409  at least 1 year after termination of the license. The bond shall
  410  be in favor of the department and shall specifically authorize
  411  recovery by the department of the damages sustained in case the
  412  licensee commits fraud or unfair practices in connection with
  413  his or her business as a public adjuster apprentice. The
  414  aggregate liability of the surety for all such damages may not
  415  exceed the amount of the bond, and the bond may not be
  416  terminated by the issuing insurer unless written notice of at
  417  least 30 days is given to the licensee and filed with the
  418  department.
  419         (6) A public adjuster apprentice shall complete at a
  420  minimum 100 hours of employment per month for 12 months of
  421  employment under the supervision of a licensed and appointed
  422  all-lines public adjuster in order to qualify for licensure as a
  423  public adjuster. The department may adopt rules that establish
  424  standards for such employment requirements.
  425         (2)(7) An appointing public adjusting firm may not maintain
  426  more than four 12 public adjuster apprentices simultaneously.
  427  However, a supervising public adjuster may not be responsible
  428  for more than one three public adjuster apprentice apprentices
  429  simultaneously and shall be accountable for the acts of the all
  430  public adjuster apprentice apprentices which are related to
  431  transacting business as a public adjuster apprentice. This
  432  subsection does not apply to a public adjusting firm that
  433  adjusts claims primarily for commercial entities with operations
  434  in more than one state and that does not directly or indirectly
  435  perform adjusting services for insurers or individual
  436  homeowners.
  437         (8) An apprentice license is effective for 18 months unless
  438  the license expires due to lack of maintaining an appointment;
  439  is surrendered by the licensee; is terminated, suspended, or
  440  revoked by the department; or is canceled by the department upon
  441  issuance of a public adjuster license. The department may not
  442  issue a public adjuster apprentice license to any individual who
  443  has held such a license in this state within 2 years after
  444  expiration, surrender, termination, revocation, or cancellation
  445  of the license.
  446         (9) After completing the requirements for employment as a
  447  public adjuster apprentice, the licensee may file an application
  448  for a public adjuster license. The applicant and supervising
  449  public adjuster or public adjusting firm must each file a sworn
  450  affidavit, on a form prescribed by the department, verifying
  451  that the employment of the public adjuster apprentice meets the
  452  requirements of this section.
  453         (3)(10)In no event shall A public adjuster apprentice
  454  appointed licensed under this section may not perform any of the
  455  functions for which a public adjuster’s license is required
  456  after expiration of the public adjuster apprentice license
  457  without having obtained a public adjuster license.
  458         (4)(11) A public adjuster apprentice has the same authority
  459  as the licensed public adjuster or public adjusting firm that
  460  employs the apprentice except that an apprentice may not execute
  461  contracts for the services of a public adjuster or public
  462  adjusting firm and may not solicit contracts for the services
  463  except under the direct supervision and guidance of the
  464  supervisory public adjuster. An individual may not be, act as,
  465  or hold himself or herself out to be a public adjuster
  466  apprentice unless the individual is licensed as an all-lines
  467  adjuster and holds a current appointment by a licensed public
  468  all-lines adjuster or a public adjusting firm that employs a
  469  licensed all-lines public adjuster.
  470         Section 14. Section 626.8695, Florida Statutes, is amended
  471  to read:
  472         626.8695 Primary adjuster.—
  473         (1) Each business location established by an adjuster,
  474  person operating an adjusting firm and each location of a
  475  multiple location adjusting firm, a corporation, or an
  476  association must designate with the department a primary
  477  adjuster who is licensed and appointed to adjust the insurance
  478  claims adjusted by the business location.
  479         (2) An adjusting firm and each branch business location of
  480  an adjusting firm shall designate a primary adjuster for each
  481  such firm or location and must file with the department, at the
  482  department’s designated website, the name and license number of
  483  such primary adjuster and the physical address of the firm or
  484  location where he or she is the primary adjuster, on a form
  485  approved by the department. The designation of the primary
  486  adjuster may be changed at the option of the adjusting firm. Any
  487  such change is effective upon notification to the department.
  488  Notice of change must be provided sent to the department within
  489  30 days after such change.
  490         (3)(2)(a) For purposes of this section, a “primary
  491  adjuster” is the licensed adjuster who is responsible for the
  492  hiring and supervision of all individuals within an adjusting
  493  firm location who deal with the public and who acts in the
  494  capacity of a public adjuster as defined in s. 626.854, a public
  495  adjuster apprentice as defined in s. 626.8561, or an independent
  496  adjuster as defined in s. 626.855. An adjuster may be designated
  497  as a primary adjuster for only one adjusting firm location.
  498         (4)(b) For purposes of this section, an “adjusting firm” is
  499  a location where an independent or public adjuster is engaged in
  500  the business of insurance.
  501         (5)(3) The department may suspend or revoke the license of
  502  the primary adjuster if the adjusting firm employs any person
  503  who has had a license denied or any person whose license is
  504  currently suspended or revoked. However, if a person has been
  505  denied a license for failure to pass a required examination, he
  506  or she may be employed to perform clerical or administrative
  507  functions for which licensure is not required.
  508         (6)(4) The primary adjuster in an unincorporated adjusting
  509  firm, or the primary adjuster in an incorporated adjusting firm
  510  in which no officer, director, or stockholder is an adjuster, is
  511  responsible and accountable for misconduct or violations of this
  512  code committed by the primary adjuster or by any other person
  513  the acts of salaried employees under his or her direct
  514  supervision and control while acting on behalf of the adjusting
  515  firm. This section does not render a primary adjuster Nothing in
  516  this section renders any person criminally liable for an or
  517  subject to any disciplinary proceedings for any act unless the
  518  primary adjuster person personally committed the act or knew or
  519  should have known of the act and of the facts constituting a
  520  violation of this code.
  521         (7)(5) The department may suspend or revoke the license of
  522  any adjuster who is employed by a person whose license is
  523  currently suspended or revoked.
  524         (8)(6) An adjusting firm location may not conduct the
  525  business of insurance unless a primary adjuster is designated
  526  and provides services to the firm at all times. If the Failure
  527  of the person operating the adjusting firm to designate a
  528  primary adjuster designated with the department ends his or her
  529  affiliation with the firm for any reason and if the firm fails
  530  to designate another primary adjuster, as required in subsection
  531  (2), for 90 days, the firm license automatically expires on the
  532  91st day after the date the designated primary adjuster ended
  533  his or her affiliation with for the firm, or for each location,
  534  as applicable, on a form prescribed by the department within 30
  535  days after inception of the firm or change of primary adjuster
  536  designation, constitutes grounds for requiring the adjusting
  537  firm to obtain an adjusting firm license pursuant to s.
  538  626.8696.
  539         (9)(7) Any adjusting firm may determine a request, on a
  540  form prescribed by the department, verification from the
  541  department of any person’s current licensure status by
  542  submitting an appointment request. If a request is mailed to the
  543  office within 5 working days after the date an adjuster is
  544  hired. If, and the department subsequently notifies the
  545  adjusting firm that its appointee’s an employee’s license is
  546  currently suspended, revoked, or has been denied, the license of
  547  the primary adjuster may shall not be revoked or suspended if
  548  the unlicensed person is immediately dismissed from employment
  549  as an adjuster with the firm.
  550         Section 15. Section 626.8696, Florida Statutes, is amended
  551  to read:
  552         626.8696 Application for adjusting firm license.—
  553         (1) The department may issue an insurance adjusting firm
  554  license to a person only after the person files a written
  555  application with the department and qualifies for such license.
  556         (2)(1)An application for an adjusting firm license must be
  557  signed by an individual required to be listed in the application
  558  under paragraph (a). An adjusting firm may authorize a third
  559  party to complete, submit, and sign an application on the firm’s
  560  behalf. However, the firm must ensure that the information on
  561  the application is true and correct, and the firm is accountable
  562  for any misstatement or misrepresentation. The application for
  563  an adjusting firm license must include:
  564         (a) The name of each majority owner, partner, officer, and
  565  director, president, senior vice president, secretary,
  566  treasurer, and limited liability company member who directs or
  567  participates in the management or control of the adjusting firm.
  568         (b) The resident address of each person required to be
  569  listed in the application under paragraph (a).
  570         (c) The name, of the adjusting firm and its principal
  571  business street address, and valid e-mail address of the
  572  adjusting firm, and the name, address, and e-mail address of the
  573  firm’s registered agent, person, or company authorized to accept
  574  service on behalf of the firm.
  575         (d) The physical address location of each branch adjusting
  576  firm, including its name, e-mail address, and telephone number,
  577  and the date that the branch location began transacting
  578  insurance business office and the name under which each office
  579  conducts or will conduct business.
  580         (e) The name of the primary adjuster in full-time charge of
  581  the firm office, including branch firms, and his or her
  582  corresponding location.
  583         (f) The fingerprints of each of the following:
  584         1. A sole proprietor, if the applicant is a sole
  585  proprietor;
  586         2. Each individual required to be listed in the application
  587  under paragraph (a); and
  588         3. Each individual who directs or participates in the
  589  management or control of an incorporated firm whose shares are
  590  not traded on a securities exchange.
  591  
  592  Fingerprints must be taken by a law enforcement agency or other
  593  entity approved by the department, must be accompanied by the
  594  fingerprint processing fee specified in s. 624.501, and must be
  595  processed in accordance with s. 624.34. However, fingerprints
  596  need not be filed for an individual who is currently licensed
  597  and appointed under this chapter. This paragraph does not apply
  598  to corporations whose voting shares are traded on a securities
  599  exchange.
  600         (g)(e)Such Any additional information that the department
  601  requires by rule to ascertain the trustworthiness and competence
  602  of persons required to be listed on the application and to
  603  ascertain that such persons meet the requirements of this code.
  604  However, the department may not require that credit or character
  605  reports be submitted for such persons.
  606         (2) An application for an adjusting firm license must be
  607  signed by each owner of the firm. If the firm is incorporated,
  608  the application must be signed by the president and secretary of
  609  the corporation.
  610         (3) Each application must be accompanied by payment of any
  611  applicable fee as prescribed in s. 624.501.
  612         (4) License fees are not refundable.
  613         (3)(5)The license of an adjusting firm continues in force
  614  until it is canceled, required to be licensed pursuant to s.
  615  626.8695 must remain so licensed for a period of 3 years from
  616  the date of licensure, unless the license is suspended, or
  617  revoked or until it is otherwise terminated or expires by
  618  operation of law. The department may suspend or revoke the
  619  adjusting firm’s authority to do business for activities
  620  occurring during the time the firm is licensed, regardless of
  621  whether the licensing period has terminated.
  622         Section 16. Section 626.872, Florida Statutes, is repealed.
  623         Section 17. Section 626.874, Florida Statutes, is amended
  624  to read:
  625         626.874 Catastrophe or emergency adjusters.—
  626         (1) In the event of a catastrophe or emergency, the
  627  department may issue a license, for the purposes and under the
  628  conditions and for the period of emergency as it shall
  629  determine, to persons who are residents or nonresidents of this
  630  state, who are at least 18 years of age, who are United States
  631  citizens or legal aliens who possess work authorization from the
  632  United States Bureau of Citizenship and Immigration Services,
  633  and who are not licensed adjusters under this part but who have
  634  been designated and certified to it as qualified to act as
  635  adjusters by all-lines resident adjusters, by an authorized
  636  insurer, or by a licensed general lines agent to adjust claims,
  637  losses, or damages under policies or contracts of insurance
  638  issued by such insurer, or by the primary adjuster of an
  639  independent adjusting firm contracted with an authorized insurer
  640  to adjust claims on behalf of the insurer insurers. The fee for
  641  the license is as provided in s. 624.501(12)(c).
  642         (2) If any person not a licensed adjuster who has been
  643  permitted to adjust such losses, claims, or damages under the
  644  conditions and circumstances set forth in subsection (1),
  645  engages in any of the misconduct described in or contemplated by
  646  ss. 626.611 and 626.621, the department, without notice and
  647  hearing, shall be authorized to issue its order denying such
  648  person the privileges granted under this section; and thereafter
  649  it shall be unlawful for any such person to adjust any such
  650  losses, claims, or damages in this state.
  651         Section 18. Subsection (2) of section 626.875, Florida
  652  Statutes, is amended to read:
  653         626.875 Office and records.—
  654         (2) The records of the adjuster relating to a particular
  655  claim or loss shall be so retained in the adjuster’s place of
  656  business for a period of not less than 5 3 years after
  657  completion of the adjustment. This provision shall not be deemed
  658  to prohibit return or delivery to the insurer or insured of
  659  documents furnished to or prepared by the adjuster and required
  660  by the insurer or insured to be returned or delivered thereto.
  661         Section 19. Section 626.876, Florida Statutes, is amended
  662  to read:
  663         626.876 Exclusive employment; public adjusters, all-lines
  664  independent adjusters.—
  665         (1) An individual licensed and appointed as a public
  666  adjuster may not be simultaneously licensed as an all-lines
  667  adjuster employed during the same period by more than one public
  668  adjuster or public adjuster firm or corporation.
  669         (2) An individual licensed as an all-lines adjuster and
  670  appointed as an independent adjuster, a company adjuster, or a
  671  public adjuster apprentice may not be simultaneously appointed
  672  or employed in a different adjuster capacity that would require
  673  an additional adjuster appointment type during the same period
  674  by more than one independent adjuster or independent adjuster
  675  firm or corporation.
  676         Section 20. Section 626.879, Florida Statutes, is repealed.
  677         Section 21. Subsection (5) of section 626.9953, Florida
  678  Statutes, is amended to read:
  679         626.9953 Qualifications for registration; application
  680  required.—
  681         (5) An applicant must submit a set of his or her
  682  fingerprints to the department and pay the processing fee
  683  established under s. 624.501(23) s. 624.501(24). The department
  684  shall submit the applicant’s fingerprints to the Department of
  685  Law Enforcement for processing state criminal history records
  686  checks and local criminal records checks through local law
  687  enforcement agencies and for forwarding to the Federal Bureau of
  688  Investigation for national criminal history records checks. The
  689  fingerprints shall be taken by a law enforcement agency, a
  690  designated examination center, or another department-approved
  691  entity. The department may not approve an application for
  692  registration as a navigator if fingerprints have not been
  693  submitted.
  694         Section 22. This act shall take effect January 1, 2018.

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