Bill Text: FL S0922 | 2017 | Regular Session | Comm Sub
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-Comm_Sub.html
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-Comm_Sub.html
Florida Senate - 2017 CS for SB 922
By the Committee on Banking and Insurance; and Senator Garcia
597-03359-17 2017922c1
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.; conforming a cross-reference; amending
6 s. 626.022, F.S.; revising applicability of the
7 Licensing Procedures Law to include adjusting firms;
8 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 providing construction relating to certain limitations
22 on insurance claim payments and public adjuster
23 compensation; revising a prohibition against certain
24 entities relating to a contract or power of attorney
25 that vests certain authority in a property insurance
26 claim; conforming a cross-reference; prohibiting
27 persons from conducting certain activities relating to
28 insurance claims; providing an exception for attorneys
29 and public adjusters; repealing s. 626.8541, F.S.,
30 relating to public adjuster apprentices; amending s.
31 626.8548, F.S.; redefining the term “all-lines
32 adjuster”; creating s. 626.8561, F.S.; defining the
33 term “public adjuster apprentice”; amending s.
34 626.8584, F.S.; redefining the term “nonresident all
35 lines adjuster”; amending s. 626.861, F.S.; revising
36 construction relating to employees of an insurer;
37 amending s. 626.864, F.S.; revising the permissible
38 appointments of all-lines adjusters; amending s.
39 626.865, F.S.; revising the qualifications for
40 licensure for public adjusters; amending s. 626.8651,
41 F.S.; requiring public adjuster apprentices to be
42 appointed, rather than licensed, by the department;
43 specifying qualifications for such appointments;
44 revising requirements and limitations for public
45 adjusting firms and public adjusters who supervise
46 public adjuster apprentices; revising certain
47 prohibited acts and exceptions to such acts of public
48 adjuster apprentices; conforming provisions to changes
49 made by the act; amending s. 626.8695, F.S.; revising
50 requirements for designating primary adjusters;
51 redefining the term “primary adjuster”; revising the
52 accountability of a primary adjuster for persons under
53 his or her supervision; revising a prohibition against
54 an adjusting firm location conducting insurance
55 business under certain circumstances; revising
56 procedures for an adjusting firm to determine a
57 person’s current licensure status; amending s.
58 626.8696, F.S.; revising conditions for the issuance
59 of an adjusting firm license; revising application
60 requirements for such license; providing rulemaking
61 authority of the department; prohibiting the
62 department from requiring certain information on an
63 application; providing for expiration of such license;
64 repealing s. 626.872, F.S., relating to all-lines
65 adjuster temporary licenses; amending s. 626.874,
66 F.S.; revising conditions for the department to issue
67 adjuster licenses in the event of catastrophes or
68 emergencies; amending s. 626.875, F.S.; revising the
69 minimum time period in a records retention requirement
70 for adjusters; amending s. 626.876, F.S.; revising
71 certain prohibitions relating to exclusive employment
72 of public adjusters and all-lines adjusters and
73 appointed independent adjusters; repealing s. 626.879,
74 F.S., relating to pools of insurance adjusters;
75 amending s. 626.9953, F.S.; conforming a cross
76 reference; providing an effective date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Subsection (20) of section 624.501, Florida
81 Statutes, is amended to read:
82 624.501 Filing, license, appointment, and miscellaneous
83 fees.—The department, commission, or office, as appropriate,
84 shall collect in advance, and persons so served shall pay to it
85 in advance, fees, licenses, and miscellaneous charges as
86 follows:
87 (20) Adjusting firm, original or renewal 3-year licens
88 $60.00
89 Section 2. Subsection (1) of section 626.015, Florida
90 Statutes, is amended to read:
91 626.015 Definitions.—As used in this part:
92 (1) “Adjuster” means a public adjuster as defined in s.
93 626.854, a public adjuster apprentice as defined in s. 626.8541,
94 or an all-lines adjuster as defined in s. 626.8548.
95 Section 3. Subsection (1) of section 626.022, Florida
96 Statutes, is amended to read:
97 626.022 Scope of part.—
98 (1) This part applies as to insurance agents, service
99 representatives, adjusters, adjusting firms, and insurance
100 agencies; as to any and all kinds of insurance; and as to stock
101 insurers, mutual insurers, reciprocal insurers, and all other
102 types of insurers, except that:
103 (a) It does not apply as to reinsurance, except that ss.
104 626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
105 626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541
106 626.591, and ss. 626.601-626.711 shall apply as to reinsurance
107 intermediaries as defined in s. 626.7492.
108 (b) The applicability of this chapter as to fraternal
109 benefit societies shall be as provided in chapter 632.
110 (c) It does not apply to a bail bond agent, as defined in
111 s. 648.25, except as provided in chapter 648 or chapter 903.
112 (d) This part does not apply to a certified public
113 accountant licensed under chapter 473 who is acting within the
114 scope of the practice of public accounting, as defined in s.
115 473.302, provided that the activities of the certified public
116 accountant are limited to advising a client of the necessity of
117 obtaining insurance, the amount of insurance needed, or the line
118 of coverage needed, and provided that the certified public
119 accountant does not directly or indirectly receive or share in
120 any commission or referral fee.
121 Section 4. Subsection (7) of section 626.112, Florida
122 Statutes, is amended to read:
123 626.112 License and appointment required; agents, customer
124 representatives, adjusters, insurance agencies, adjusting firms,
125 service representatives, managing general agents.—
126 (7)(a) An individual, firm, partnership, corporation,
127 association, or other entity may shall not act in its own name
128 or under a trade name, directly or indirectly, as an insurance
129 agency unless it complies with s. 626.172 with respect to
130 possessing an insurance agency license for each place of
131 business at which it engages in an activity that may be
132 performed only by a licensed insurance agent. However, an
133 insurance agency that is owned and operated by a single licensed
134 agent conducting business in his or her individual name and not
135 employing or otherwise using the services of or appointing other
136 licensees is shall be exempt from the agency licensing
137 requirements of this subsection.
138 (b) A branch place of business that is established by a
139 licensed agency is considered a branch agency and is not
140 required to be licensed so long as it transacts business under
141 the same name and federal tax identification number as the
142 licensed agency and has designated with the department a
143 licensed agent in charge of the branch location as required by
144 s. 626.0428 and the address and telephone number of the branch
145 location have been submitted to the department for inclusion in
146 the licensing record of the licensed agency within 30 days after
147 insurance transactions begin at the branch location.
148 (c) An individual, a firm, a partnership, a corporation, an
149 association, or any other entity may not act in its own name or
150 under a trade name, directly or indirectly, as an adjusting firm
151 unless it possesses an adjusting firm license under s. 626.8696
152 for each place of business at which it engages in an activity
153 that may be performed only by a licensed adjuster. However, an
154 insurance company authorized to transact insurance in this state
155 which directly appoints adjusters, or an adjusting firm that is
156 owned and operated by a single licensed adjuster who is
157 conducting business in his or her individual name and who is not
158 employing or otherwise using the services of or appointing other
159 licensees, is exempt from the adjusting firm licensing
160 requirements of this subsection.
161 (d) A branch place of business that is established by a
162 licensed adjusting firm is considered a branch firm and is not
163 required to be licensed so long as:
164 1. It transacts business under the same name and federal
165 tax identification number as the licensed adjusting firm;
166 2. It has designated with the department a licensed primary
167 adjuster in charge of the branch firm as required by s.
168 626.8695; and
169 3. Within 30 days after insurance transactions begin at the
170 branch firm, the address and telephone number of the branch firm
171 are submitted to the department for inclusion in the licensing
172 record of the licensed adjusting firm.
173 (e)(c) If an agency or firm is required to be licensed but
174 fails to file an application for licensure in accordance with
175 this section, the department must shall impose on the agency or
176 firm an administrative penalty of up to $2,500 for a first
177 violation and up to $10,000 for any subsequent violation.
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 renumbered as subsections (6)
183 through (18), respectively, subsection (1) and present
184 subsections (6), (7), (11), (18), and (19) are amended, and a
185 new subsection (19) is added to that section, to read:
186 626.854 “Public adjuster” defined; prohibitions.—The
187 Legislature finds that it is necessary for the protection of the
188 public to regulate public insurance adjusters and to prevent the
189 unauthorized practice of law.
190 (1) A “public adjuster” is any person, except a duly
191 licensed attorney at law as exempted under s. 626.860, who, for
192 money, commission, or any other thing of value, directly or
193 indirectly prepares, completes, or files an insurance claim form
194 for an insured or third-party claimant or who, for money,
195 commission, or any other thing of value, acts on behalf of, or
196 aids an insured or third-party claimant in negotiating for or
197 effecting the settlement of a claim or claims for loss or damage
198 covered by an insurance contract or who advertises for
199 employment as an adjuster of such claims. The term also includes
200 any person who, for money, commission, or any other thing of
201 value, directly or indirectly solicits, investigates, or adjusts
202 such claims on behalf of a public adjuster, an insured, or a
203 third-party claimant, unless such person is performing duties
204 under another professional license.
205 (6) A public adjuster may not directly or indirectly
206 through any other person or entity initiate contact or engage in
207 face-to-face or telephonic solicitation or enter into a contract
208 with any insured or claimant under an insurance policy until at
209 least 48 hours after the occurrence of an event that may be the
210 subject of a claim under the insurance policy unless contact is
211 initiated by the insured or claimant.
212 (6)(7) An insured or claimant may cancel a public
213 adjuster’s contract to adjust a claim without penalty or
214 obligation within 3 business days after the date on which the
215 contract is executed or within 3 business days after the date on
216 which the insured or claimant has notified the insurer of the
217 claim, by phone or in writing, whichever is later. The public
218 adjuster’s contract must disclose to the insured or claimant his
219 or her right to cancel the contract and advise the insured or
220 claimant that notice of cancellation must be submitted in
221 writing and sent by certified mail, return receipt requested, or
222 other form of mailing that provides proof thereof, to the public
223 adjuster at the address specified in the contract; provided,
224 during any state of emergency as declared by the Governor and
225 for 1 year after the date of loss, the insured or claimant has 5
226 business days after the date on which the contract is executed
227 to cancel a public adjuster’s contract.
228 (10)(a)(11)(a) If a public adjuster enters into a contract
229 with an insured or claimant to reopen a claim or file a
230 supplemental claim that seeks additional payments for a claim
231 that has been previously paid in part or in full or settled by
232 the insurer, the public adjuster may not charge, agree to, or
233 accept from any source compensation, payment, commission, fee,
234 or any other thing of value based on a previous settlement or
235 previous claim payments by the insurer for the same cause of
236 loss. The charge, compensation, payment, commission, fee, or any
237 other thing of value must be based only on the claim payments or
238 settlement obtained through the work of the public adjuster
239 after entering into the contract with the insured or claimant.
240 Compensation for the reopened or supplemental claim may not
241 exceed 20 percent of the reopened or supplemental claim payment.
242 In no event shall the contracts described in this paragraph
243 exceed the limitations in paragraph (b).
244 (b) A public adjuster may not charge, agree to, or accept
245 from any source compensation, payment, commission, fee, or any
246 other thing of value in excess of:
247 1. Ten percent of the amount of insurance claim payments
248 made by the insurer for claims based on events that are the
249 subject of a declaration of a state of emergency by the
250 Governor. This provision applies to claims made during the year
251 after the declaration of emergency. After that year, the
252 limitations in subparagraph 2. apply.
253 2. Twenty percent of the amount of insurance claim payments
254 made by the insurer for claims that are not based on events that
255 are the subject of a declaration of a state of emergency by the
256 Governor.
257 (c) Insurance claim payments made by the insurer do not
258 include policy deductibles, and public adjuster compensation may
259 not be based on the deductible portion of a claim.
260 (d)(c) Any maneuver, shift, or device through which the
261 limits on compensation set forth in this subsection are exceeded
262 is a violation of this chapter punishable as provided under s.
263 626.8698.
264 (17)(18) A public adjuster, a public adjuster apprentice,
265 or a person acting on behalf of an adjuster or apprentice may
266 not enter into a contract or accept a power of attorney that
267 vests in the public adjuster, the public adjuster apprentice, or
268 the person acting on behalf of the adjuster or apprentice the
269 effective authority to choose the persons or entities that will
270 perform salvage, repair, or any other work in a property
271 insurance claim.
272 (18)(19) Subsections (5)-(17) (5)-(18) apply only to
273 residential property insurance policies and condominium unit
274 owner policies as described in s. 718.111(11).
275 (19) Except as otherwise provided in this chapter, no
276 person, except an attorney at law or a public adjuster, may for
277 money, commission, or any other thing of value, directly or
278 indirectly:
279 (a) Prepare, complete, or file an insurance claim for an
280 insured or a third-party claimant;
281 (b) Act on behalf of or aid an insured or a third-party
282 claimant in negotiating for or effecting the settlement of a
283 claim for loss or damage covered by an insurance contract;
284 (c) Advertise for employment as a public adjuster; or
285 (d) Solicit, investigate, or adjust a claim on behalf of a
286 public adjuster, an insured, or a third-party claimant.
287 Section 6. Section 626.8541, Florida Statutes, is repealed.
288 Section 7. Section 626.8548, Florida Statutes, is amended
289 to read:
290 626.8548 “All-lines adjuster” defined.—An “all-lines
291 adjuster” is a person who, for money, commission, or any other
292 thing of value, directly or indirectly is self-employed or
293 employed by an insurer, a wholly owned subsidiary of an insurer,
294 or an independent adjusting firm or other independent adjuster,
295 and who undertakes on behalf of a public adjuster or an insurer
296 or other insurers under common control or ownership to ascertain
297 and determine the amount of any claim, loss, or damage payable
298 under an insurance contract or undertakes to effect settlement
299 of such claim, loss, or damage. The term also includes any
300 person who, for money, commission, or any other thing of value,
301 directly or indirectly solicits claims on behalf of a public
302 adjuster, but does not include paid spokespersons used as part
303 of a written or an electronic advertisement. The term does not
304 apply to life insurance or annuity contracts.
305 Section 8. Section 626.8561, Florida Statutes, is created
306 to read:
307 626.8561 “Public adjuster apprentice” defined.—The term
308 “public adjuster apprentice” means a person licensed as an all
309 lines adjuster who:
310 (1) Is appointed and employed or contracted by a public
311 adjuster or a public adjusting firm;
312 (2) Assists the public adjuster or public adjusting firm in
313 ascertaining and determining the amount of any claim, loss, or
314 damage payable under an insurance contract, or who undertakes to
315 effect settlement of such claim, loss, or damage; and
316 (3) Satisfies the requirements of s. 626.8651.
317 Section 9. Subsection (3) of section 626.8584, Florida
318 Statutes, is amended to read:
319 626.8584 “Nonresident all-lines adjuster” defined.—A
320 “nonresident all-lines adjuster” means a person who:
321 (3) Is licensed as an all-lines adjuster and self-appointed
322 or appointed and employed or contracted by an independent
323 adjusting firm or other independent adjuster, by an insurer
324 admitted to do business in this state or a wholly owned
325 subsidiary of an insurer admitted to do business in this state,
326 or by a public adjuster or a public adjusting firm other
327 insurers under the common control or ownership of such insurer.
328 Section 10. Subsection (1) of section 626.861, Florida
329 Statutes, is amended to read:
330 626.861 Insurer’s officers, insurer’s employees, reciprocal
331 insurer’s representatives; adjustments by.—
332 (1) Nothing in This part may not shall be construed to
333 prevent an executive officer of any insurer, an or a regularly
334 salaried employee of an insurer handling claims with respect to
335 health insurance, an employee of an insurer handling claims with
336 respect to residential property insurance in which the amount of
337 coverage for the applicable type of loss is contractually
338 limited to $500 or less, or the duly designated attorney or
339 agent authorized and acting for subscribers to reciprocal
340 insurers, from adjusting any claim loss or damage under any
341 insurance contract of such insurer.
342 Section 11. Subsection (3) of section 626.864, Florida
343 Statutes, is amended to read:
344 626.864 Adjuster license types.—
345 (3) An all-lines adjuster may be appointed as an
346 independent adjuster, public adjuster apprentice, or company
347 employee adjuster, but not more than one of these both
348 concurrently.
349 Section 12. Paragraphs (d) and (e) of subsection (1) of
350 section 626.865, Florida Statutes, are amended to read:
351 626.865 Public adjuster’s qualifications, bond.—
352 (1) The department shall issue a license to an applicant
353 for a public adjuster’s license upon determining that the
354 applicant has paid the applicable fees specified in s. 624.501
355 and possesses the following qualifications:
356 (d) Has had sufficient experience, training, or instruction
357 concerning the adjusting of damages or losses under insurance
358 contracts, other than life and annuity contracts, is
359 sufficiently informed as to the terms and effects of the
360 provisions of those types of insurance contracts, and possesses
361 adequate knowledge of the laws of this state relating to such
362 contracts as to enable and qualify him or her to engage in the
363 business of insurance adjuster fairly and without injury to the
364 public or any member thereof with whom the applicant may have
365 business as a public adjuster, or has been licensed and employed
366 as a resident insurance company adjuster or independent adjuster
367 in this state on a continual basis for the past year.
368 (e) Has been licensed in this state as an all-lines
369 adjuster, and has been appointed on a continual basis for the
370 previous 6 months Is licensed as a public adjuster apprentice
371 under s. 626.8561, as an independent adjuster under s. 626.855,
372 or as a company employee adjuster under s. 626.856 under s.
373 626.8651 and complies with the requirements of that license
374 throughout the licensure period.
375 Section 13. Section 626.8651, Florida Statutes, is amended
376 to read:
377 626.8651 Public adjuster apprentice appointment license;
378 qualifications.—
379 (1)(a) The department shall issue an appointment a license
380 as a public adjuster apprentice to a licensee an applicant who
381 is:
382 1. Is licensed as an all-lines adjuster under s. 626.866;
383 2. Has filed with the department a bond executed and issued
384 by a surety insurer that is authorized to transact such business
385 in this state in the amount of $50,000, which is conditioned
386 upon the faithful performance of his or her duties as a public
387 adjuster apprentice; and
388 3. Maintains such bond unimpaired throughout the existence
389 of the appointment and for at least 1 year after termination of
390 the appointment.
391 (b) The bond must be in favor of the department and must
392 specifically authorize recovery by the department of the damages
393 sustained in case the licensee commits fraud or unfair practices
394 in connection with his or her business as a public adjuster
395 apprentice. The aggregate liability of the surety for all such
396 damages may not exceed the amount of the bond, and the bond may
397 not be terminated by the issuing insurer unless written notice
398 of at least 30 days is given to the licensee and filed with the
399 department.
400 (a) A natural person at least 18 years of age.
401 (b) A United States citizen or legal alien who possesses
402 work authorization from the United States Bureau of Citizenship
403 and Immigration Services.
404 (c) Trustworthy and has such business reputation as would
405 reasonably ensure that the applicant will conduct business as a
406 public adjuster apprentice fairly and in good faith and without
407 detriment to the public.
408 (2) All applicable license fees, as prescribed in s.
409 624.501, must be paid in full before issuance of the license.
410 (3) An applicant must pass the required written examination
411 before a license may be issued.
412 (4) An applicant must have received designation as an
413 Accredited Claims Adjuster (ACA), as a Certified Adjuster (CA),
414 or as a Certified Claims Adjuster (CCA) after completion of
415 training that qualifies the applicant to engage in the business
416 of a public adjuster apprentice fairly and without injury to the
417 public. Such training and instruction must address adjusting
418 damages and losses under insurance contracts, the terms and
419 effects of insurance contracts, and knowledge of the laws of
420 this state relating to insurance contracts.
421 (5) At the time of application for license as a public
422 adjuster apprentice, the applicant shall file with the
423 department a bond executed and issued by a surety insurer
424 authorized to transact such business in this state in the amount
425 of $50,000, conditioned upon the faithful performance of his or
426 her duties as a public adjuster apprentice under the license for
427 which the applicant has applied, and thereafter maintain the
428 bond unimpaired throughout the existence of the license and for
429 at least 1 year after termination of the license. The bond shall
430 be in favor of the department and shall specifically authorize
431 recovery by the department of the damages sustained in case the
432 licensee commits fraud or unfair practices in connection with
433 his or her business as a public adjuster apprentice. The
434 aggregate liability of the surety for all such damages may not
435 exceed the amount of the bond, and the bond may not be
436 terminated by the issuing insurer unless written notice of at
437 least 30 days is given to the licensee and filed with the
438 department.
439 (6) A public adjuster apprentice shall complete at a
440 minimum 100 hours of employment per month for 12 months of
441 employment under the supervision of a licensed and appointed
442 all-lines public adjuster in order to qualify for licensure as a
443 public adjuster. The department may adopt rules that establish
444 standards for such employment requirements.
445 (2)(7) An appointing public adjusting firm may not maintain
446 more than four 12 public adjuster apprentices simultaneously.
447 However, a supervising public adjuster may not be responsible
448 for more than one three public adjuster apprentice apprentices
449 simultaneously and shall be accountable for the acts of the all
450 public adjuster apprentice apprentices which are related to
451 transacting business as a public adjuster apprentice. This
452 subsection does not apply to a public adjusting firm that
453 adjusts claims primarily for commercial entities with operations
454 in more than one state and that does not directly or indirectly
455 perform adjusting services for insurers or individual
456 homeowners.
457 (8) An apprentice license is effective for 18 months unless
458 the license expires due to lack of maintaining an appointment;
459 is surrendered by the licensee; is terminated, suspended, or
460 revoked by the department; or is canceled by the department upon
461 issuance of a public adjuster license. The department may not
462 issue a public adjuster apprentice license to any individual who
463 has held such a license in this state within 2 years after
464 expiration, surrender, termination, revocation, or cancellation
465 of the license.
466 (9) After completing the requirements for employment as a
467 public adjuster apprentice, the licensee may file an application
468 for a public adjuster license. The applicant and supervising
469 public adjuster or public adjusting firm must each file a sworn
470 affidavit, on a form prescribed by the department, verifying
471 that the employment of the public adjuster apprentice meets the
472 requirements of this section.
473 (10) In no event shall A public adjuster apprentice
474 licensed under this section perform any of the functions for
475 which a public adjuster’s license is required after expiration
476 of the public adjuster apprentice license without having
477 obtained a public adjuster license.
478 (3)(11) A public adjuster apprentice has the same authority
479 as the licensed public adjuster or public adjusting firm that
480 employs the apprentice except that an apprentice may not execute
481 contracts for the services of a public adjuster or public
482 adjusting firm and may not solicit contracts for the services
483 except under the direct supervision and guidance of the
484 supervisory public adjuster. An individual may not be, act as,
485 or hold himself or herself out to be a public adjuster
486 apprentice unless the individual is licensed as an all-lines
487 adjuster and holds a current appointment by a licensed public
488 all-lines adjuster or a public adjusting firm that employs a
489 licensed all-lines public adjuster.
490 Section 14. Section 626.8695, Florida Statutes, is amended
491 to read:
492 626.8695 Primary adjuster.—
493 (1) Each business location established by an adjuster,
494 person operating an adjusting firm, a corporation, or an
495 association and each location of a multiple location adjusting
496 firm must designate with the department a primary adjuster who
497 is licensed and appointed to adjust the insurance claims
498 adjusted by the business location.
499 (2) An adjusting firm and each of its branch firms shall
500 designate a primary adjuster for each such firm or location and
501 must file with the department, at the department’s designated
502 website, the name and license number of such primary adjuster
503 and the physical address of the adjusting firm or branch firm
504 location where he or she is the primary adjuster, on a form
505 approved by the department. The designation of the primary
506 adjuster may be changed at the option of the adjusting firm. Any
507 such change is effective upon notification to the department.
508 Notice of change must be provided sent to the department within
509 30 days after such change.
510 (3)(2)(a) For purposes of this section, a “primary
511 adjuster” is the licensed adjuster who is responsible for the
512 hiring and supervision of all individuals within an adjusting
513 firm location who act deal with the public and who acts in the
514 capacity of a public adjuster as defined in s. 626.854, or an
515 independent adjuster as defined in this chapter s. 626.855. An
516 adjuster may be designated as a primary adjuster for more than
517 only one adjusting firm location provided no person engages in
518 activity requiring licensure as an adjuster at any location when
519 an adjuster is not physically present.
520 (4)(b) For purposes of this section, an “adjusting firm” is
521 a location where an independent or public adjuster is engaged in
522 the business of insurance.
523 (5)(3) The department may suspend or revoke the license of
524 the primary adjuster if the adjusting firm employs or contracts
525 any person who has had a license denied or any person whose
526 license is currently suspended or revoked. However, if a person
527 has been denied a license for failure to pass a required
528 examination, he or she may be employed or contracted to perform
529 clerical or administrative functions for which licensure is not
530 required.
531 (6)(4) The primary adjuster in an unincorporated adjusting
532 firm, or the primary adjuster in an incorporated adjusting firm
533 in which no officer, director, or stockholder is an adjuster, is
534 responsible and accountable for misconduct or violations of this
535 code committed by the primary adjuster or by any other person
536 the acts of salaried employees under his or her direct
537 supervision and control while acting on behalf of the adjusting
538 firm. This section does not render a primary adjuster Nothing in
539 this section renders any person criminally liable for an or
540 subject to any disciplinary proceedings for any act unless the
541 primary adjuster person personally committed the act or knew or
542 should have known of the act and of the facts constituting a
543 violation of this code.
544 (7)(5) The department may suspend or revoke the license of
545 any adjuster who is employed or contracted by a person whose
546 license is currently suspended or revoked.
547 (8)(6) An adjusting firm location may not conduct the
548 business of insurance unless a primary adjuster is designated
549 and provides services to the firm at all times. If the Failure
550 of the person operating the adjusting firm to designate a
551 primary adjuster designated with the department ends his or her
552 affiliation with the firm for any reason and if the firm fails
553 to designate another primary adjuster, as required in subsection
554 (2), within 90 days, the firm license automatically expires on
555 the 91st day after the date the designated primary adjuster
556 ended his or her affiliation with for the firm, or for each
557 location, as applicable, on a form prescribed by the department
558 within 30 days after inception of the firm or change of primary
559 adjuster designation, constitutes grounds for requiring the
560 adjusting firm to obtain an adjusting firm license pursuant to
561 s. 626.8696.
562 (9)(7) Any adjusting firm may determine a request, on a
563 form prescribed by the department, verification from the
564 department of any person’s current licensure status by
565 submitting an appointment request. If a request is mailed to the
566 office within 5 working days after the date an adjuster is
567 hired. If, and the department subsequently notifies the
568 adjusting firm that its appointee’s an employee’s license is
569 currently suspended, revoked, or has been denied, the license of
570 the primary adjuster may shall not be revoked or suspended if
571 the unlicensed person is immediately dismissed from employment
572 as an adjuster with the firm.
573 Section 15. Section 626.8696, Florida Statutes, is amended
574 to read:
575 626.8696 Application for adjusting firm license.—
576 (1) The department may issue an adjusting firm license to a
577 person only after the person files a written application with
578 the department and qualifies for such license.
579 (2) An application for an adjusting firm license must be
580 signed by an individual required to be listed in the application
581 under paragraph (a). An adjusting firm may authorize a third
582 party to complete, submit, and sign an application on the firm’s
583 behalf. However, the firm must ensure that the information on
584 the application is true and correct, and the firm is accountable
585 for any misstatement or misrepresentation. The application for
586 an adjusting firm license must include:
587 (a) The name of each majority owner, partner, officer, and
588 director, president, senior vice president, secretary,
589 treasurer, and limited liability company member who directs or
590 participates in the management or control of the adjusting firm.
591 (b) The resident address of each person required to be
592 listed in the application under paragraph (a).
593 (c) The name, of the adjusting firm and its principal
594 business street address, and valid e-mail address of the
595 adjusting firm, and the name, street address, and valid e-mail
596 address of the firm’s registered agent, person, or company
597 authorized to accept service on behalf of the firm.
598 (d) The physical address location of each branch adjusting
599 firm, including its name, valid e-mail address, and telephone
600 number, and the date that the branch firm began transacting
601 insurance business office and the name under which each office
602 conducts or will conduct business.
603 (e) The name of the primary adjuster in full-time charge of
604 the adjusting firm office, including branch firms, and his or
605 her corresponding location.
606 (f) The fingerprints of each of the following:
607 1. A sole proprietor, if the applicant is a sole
608 proprietor;
609 2. Each individual required to be listed in the application
610 under paragraph (a); and
611 3. Each individual who directs or participates in the
612 management or control of an incorporated firm whose shares are
613 not traded on a securities exchange.
614
615 Fingerprints must be taken by a law enforcement agency or other
616 entity approved by the department, must be accompanied by the
617 fingerprint processing fee specified in s. 624.501, and must be
618 processed in accordance with s. 624.34. However, fingerprints
619 need not be filed for an individual who is currently licensed
620 and appointed under this chapter. This paragraph does not apply
621 to corporations whose voting shares are traded on a securities
622 exchange.
623 (g)(e) Such Any additional information that the department
624 requires by rule to ascertain the trustworthiness and competence
625 of persons required to be listed on the application and to
626 ascertain that such persons meet the requirements of this code.
627 However, the department may not require that credit or character
628 reports be submitted for such persons.
629 (2) An application for an adjusting firm license must be
630 signed by each owner of the firm. If the firm is incorporated,
631 the application must be signed by the president and secretary of
632 the corporation.
633 (3) Each application must be accompanied by payment of any
634 applicable fee as prescribed in s. 624.501.
635 (4) License fees are not refundable.
636 (3)(5) The license of an adjusting firm continues in force
637 until it is canceled, required to be licensed pursuant to s.
638 626.8695 must remain so licensed for a period of 3 years from
639 the date of licensure, unless the license is suspended, or
640 revoked or until it is otherwise terminated or expires by
641 operation of law. The department may suspend or revoke the
642 adjusting firm’s authority to do business for activities
643 occurring during the time the firm is licensed, regardless of
644 whether the licensing period has terminated.
645 Section 16. Section 626.872, Florida Statutes, is repealed.
646 Section 17. Subsection (1) of section 626.874, Florida
647 Statutes, is amended to read:
648 626.874 Catastrophe or emergency adjusters.—
649 (1) In the event of a catastrophe or emergency, the
650 department may issue a license, for the purposes and under the
651 conditions and for the period of emergency as it shall
652 determine, to persons who are residents or nonresidents of this
653 state, who are at least 18 years of age, who are United States
654 citizens or legal aliens who possess work authorization from the
655 United States Bureau of Citizenship and Immigration Services,
656 and who are not licensed adjusters under this part but who have
657 been designated and certified to it as qualified to act as
658 adjusters by all-lines resident adjusters, by an authorized
659 insurer, or by a licensed general lines agent to adjust claims,
660 losses, or damages under policies or contracts of insurance
661 issued by such insurers, or by the primary adjuster of an
662 independent adjusting firm contracted with an authorized insurer
663 to adjust claims on behalf of the insurer. The fee for the
664 license is as provided in s. 624.501(12)(c).
665 Section 18. Subsection (2) of section 626.875, Florida
666 Statutes, is amended to read:
667 626.875 Office and records.—
668 (2) The records of the adjuster relating to a particular
669 claim or loss shall be so retained in the adjuster’s place of
670 business for a period of not less than 5 3 years after
671 completion of the adjustment. This provision shall not be deemed
672 to prohibit return or delivery to the insurer or insured of
673 documents furnished to or prepared by the adjuster and required
674 by the insurer or insured to be returned or delivered thereto.
675 Section 19. Section 626.876, Florida Statutes, is amended
676 to read:
677 626.876 Exclusive employment; public adjusters, all-lines
678 independent adjusters.—
679 (1) An individual licensed and appointed as a public
680 adjuster may not be simultaneously licensed as an all-lines
681 adjuster employed during the same period by more than one public
682 adjuster or public adjuster firm or corporation.
683 (2) An individual licensed as an all-lines adjuster and
684 appointed as an independent adjuster, a company employee
685 adjuster, or a public adjuster apprentice may not be
686 simultaneously appointed, contracted, or employed as an adjuster
687 that requires a different appointment type during the same
688 period by more than one independent adjuster or independent
689 adjuster firm or corporation.
690 Section 20. Section 626.879, Florida Statutes, is repealed.
691 Section 21. Subsection (5) of section 626.9953, Florida
692 Statutes, is amended to read:
693 626.9953 Qualifications for registration; application
694 required.—
695 (5) An applicant must submit a set of his or her
696 fingerprints to the department and pay the processing fee
697 established under s. 624.501(23) s. 624.501(24). The department
698 shall submit the applicant’s fingerprints to the Department of
699 Law Enforcement for processing state criminal history records
700 checks and local criminal records checks through local law
701 enforcement agencies and for forwarding to the Federal Bureau of
702 Investigation for national criminal history records checks. The
703 fingerprints shall be taken by a law enforcement agency, a
704 designated examination center, or another department-approved
705 entity. The department may not approve an application for
706 registration as a navigator if fingerprints have not been
707 submitted.
708 Section 22. This act shall take effect January 1, 2018.
