Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1492
       
       
       
       
       
       
                                Ì730048&Î730048                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2020           .                                
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       The Committee on Rules (Wright) recommended the following:
       
    1         Senate Amendment to Amendment (957714) (with title
    2  amendment)
    3  
    4         Delete lines 146 - 176
    5  and insert:
    6         Section 10. Subsections (6) and (11) of section 626.854,
    7  Florida Statutes, are amended to read:
    8         626.854 “Public adjuster” defined; prohibitions.—The
    9  Legislature finds that it is necessary for the protection of the
   10  public to regulate public insurance adjusters and to prevent the
   11  unauthorized practice of law.
   12         (6) Except during a state of emergency declared by the
   13  Governor and except during the 1-year period after the date of
   14  loss, an insured or claimant may cancel a public adjuster’s
   15  contract to adjust a claim without penalty or obligation within
   16  7 calendar 3 business days after the date on which the contract
   17  is executed or within 3 business days after the date on which
   18  the insured or claimant has notified the insurer of the claim,
   19  whichever is later. During a state of emergency declared by the
   20  Governor or during the 1-year period after the date of loss, an
   21  insured or a claimant may cancel a public adjuster’s contract to
   22  adjust a claim without penalty or obligation within 14 calendar
   23  days after the date on which the contract is executed. The
   24  public adjuster’s contract must disclose to the insured or
   25  claimant his or her right to cancel the contract and advise the
   26  insured or claimant that notice of cancellation must be
   27  submitted in writing and sent by certified mail, return receipt
   28  requested, or other form of mailing that provides proof thereof,
   29  to the public adjuster at the address specified in the contract.
   30  Any public adjuster’s contract entered into pursuant to a state
   31  of emergency or during the 1-year period after the date of a
   32  loss caused by the state of emergency must contain the following
   33  language in minimum 18-point bold type: “You, the insured, may
   34  cancel this contract for any reason without penalty or
   35  obligation to you within 14 days after the date of this contract
   36  by providing notice to ...(name of public adjuster)...,
   37  submitted in writing and sent by certified mail, return receipt
   38  requested, or other form of mailing that provides proof thereof,
   39  at the address specified in the contract. In addition, if
   40  ...(name of public adjuster)... fails to provide you with a
   41  written estimate (which must include an itemized, per-unit
   42  estimate of the repairs, including itemized information on
   43  equipment, materials, labor, and supplies, in accordance with
   44  accepted industry standards) within 45 days after the date of
   45  this contract, you, the insured, may cancel this contract with
   46  ...(name of public adjuster)... without penalty or obligation by
   47  providing notice as set forth above. This right to cancel the
   48  contract without penalty or obligation shall continue until such
   49  time as ...(name of public adjuster)... submits the required
   50  estimate to you.”; provided, during any state of emergency as
   51  declared by the Governor and for 1 year after the date of loss,
   52  the insured or claimant has 5 business days after the date on
   53  which the contract is executed to cancel a public adjuster’s
   54  contract.
   55         (11) Each public adjuster must provide to the claimant or
   56  insured a written estimate of the loss to assist in the
   57  submission of a proof of loss or any other claim for payment of
   58  insurance proceeds. The written estimate must include an
   59  itemized, per-unit estimate of the repairs, including itemized
   60  information on equipment, materials, labor, and supplies, in
   61  accordance with accepted industry standards. The public adjuster
   62  shall retain such written estimate for at least 5 years and
   63  shall make the estimate available to the claimant or insured,
   64  the insurer, and the department upon request. Failure to provide
   65  the required estimate within 45 calendar days after the date on
   66  which the contract is executed shall restore the insured’s right
   67  to cancel the public adjuster’s contract without penalty or
   68  obligation. The insured retains such right until such time as
   69  the public adjuster submits the required estimate.
   70  
   71  ================= T I T L E  A M E N D M E N T ================
   72  And the title is amended as follows:
   73         Delete line 963
   74  and insert:
   75         without penalty or obligation; requiring that certain
   76         public adjuster’s contracts include a specified
   77         disclosure; specifying requirements for written
   78         estimates of loss provided by public adjusters to
   79         claimants or insureds; providing construction relating
   80         to the failure to provide the required estimate;
   81         amending s. 626.916,