| 1 | A bill to be entitled | 
| 2 | An act relating to property insurance appraisal umpires; | 
| 3 | amending s. 624.501, F.S.; providing filing fees regarding | 
| 4 | the application for and issuance of a license, as well as | 
| 5 | the biennial renewal or continuation thereof, by a | 
| 6 | property insurance appraisal umpire; amending s. 626.015, | 
| 7 | F.S.; defining the terms "property insurance loss | 
| 8 | appraiser" and "property insurance appraisal umpire" for | 
| 9 | purposes of the Licensing Procedures Law; amending s. | 
| 10 | 626.016, F.S.; providing that property insurance appraisal | 
| 11 | umpires are subject to the powers of the Department of | 
| 12 | Financial Services, the Financial Services Commission, and | 
| 13 | the Office of Insurance Regulation; amending s. 626.022, | 
| 14 | F.S.; expanding the scope of part I of ch. 626, F.S., to | 
| 15 | include property insurance appraisal umpires; amending s. | 
| 16 | 626.112, F.S.; requiring that property insurance appraisal | 
| 17 | umpires operating in this state be licensed by the | 
| 18 | department; creating part XII of ch. 626, F.S.; creating | 
| 19 | s. 626.9931, F.S.; providing a legislative finding and | 
| 20 | purpose; creating s. 626.9932, F.S.; providing the scope | 
| 21 | and parameters for application; creating s. 626.9933, | 
| 22 | F.S.; providing definitions; creating s. 626.9934, F.S.; | 
| 23 | providing procedures for the application for licensure as | 
| 24 | a property insurance appraisal umpire; requiring that all | 
| 25 | applicants be fingerprinted by a law enforcement agency or | 
| 26 | other entity approved by the department at the time of | 
| 27 | application; requiring the department to develop and | 
| 28 | maintain an updated list of licensed umpires; creating s. | 
| 29 | 626.9935, F.S.; authorizing the department to adopt rules; | 
| 30 | creating s. 626.9936, F.S.; providing qualifications for | 
| 31 | licensure as a property insurance appraisal umpire; | 
| 32 | creating s. 626.9937, F.S.; providing requirements for | 
| 33 | licensure as a property insurance appraisal umpire; | 
| 34 | creating s. 626.9938, F.S.; providing for the regulation | 
| 35 | of umpire course providers, instructors, and courses; | 
| 36 | requiring the department to adopt rules establishing | 
| 37 | standards for providers, instructors, and courses; | 
| 38 | requiring the department to adopt rules establishing a | 
| 39 | process for determining compliance with certain | 
| 40 | prelicensure requirements and adopting forms to be used | 
| 41 | for the administration of such requirements; creating s. | 
| 42 | 626.9939, F.S.; providing grounds for the compulsory | 
| 43 | refusal, suspension, or revocation of an umpire's license; | 
| 44 | creating s. 626.9940, F.S.; providing grounds for the | 
| 45 | discretionary refusal, suspension, or revocation of an | 
| 46 | umpire's license; creating s. 626.9941, F.S.; providing | 
| 47 | ethical standards for property insurance loss appraisal | 
| 48 | umpires; creating s. 626.9942, F.S.; requiring that a | 
| 49 | licensed property insurance appraisal umpire retain | 
| 50 | certain records for a specified period; requiring that | 
| 51 | umpires make such records available for inspection and | 
| 52 | copying by the department; requiring that appraisals that | 
| 53 | are the subject of litigation or have been admitted as | 
| 54 | evidence in a lawsuit be retained for a specified period; | 
| 55 | creating s. 627.4141, F.S.; providing procedures that must | 
| 56 | be followed if a residential or commercial property | 
| 57 | insurance contract provides that either party may submit a | 
| 58 | written demand to enter into the process of appraisal when | 
| 59 | the insured and the insurer fail to mutually agree to the | 
| 60 | actual cash value, the amount of loss, or the cost of | 
| 61 | repair or replacement of property for which a claim has | 
| 62 | been filed; providing an exception upon which an insurer | 
| 63 | may refuse to accept such demand; authorizing each party | 
| 64 | to select a competent and independent appraiser and to | 
| 65 | notify the opposing party within a specified period; | 
| 66 | requiring the appraisers to select an umpire from the | 
| 67 | department's list of licensed umpires; authorizing either | 
| 68 | party to file a petition, in a county or circuit court in | 
| 69 | the jurisdiction in which the covered property is located, | 
| 70 | to designate an umpire if the appraisers cannot agree on | 
| 71 | the selection of an umpire; providing that appraisal | 
| 72 | proceedings are informal unless the insurer and the | 
| 73 | insured agree otherwise; defining and providing the scope | 
| 74 | of the term "informal" for purposes of appraisal | 
| 75 | proceedings; requiring each appraiser to submit a written | 
| 76 | report to the other appraisers; requiring that any | 
| 77 | differences in findings among the appraisers which cannot | 
| 78 | be resolved by the appraisers themselves be submitted to | 
| 79 | the umpire for review; requiring the umpire to submit his | 
| 80 | or her conclusions regarding any unresolved differences in | 
| 81 | the findings of the appraisers within a specified period; | 
| 82 | providing that if either appraiser agrees with the | 
| 83 | conclusions of the umpire, an itemized written appraisal | 
| 84 | award signed by the umpire and appraiser shall be filed | 
| 85 | with the insurer and shall determine the amount of the | 
| 86 | loss; providing that the appraisal award is binding upon | 
| 87 | the insurer and the insured; providing for compensation of | 
| 88 | the appraisers and the umpire; providing that the Florida | 
| 89 | Arbitration Code does not apply to residential or | 
| 90 | commercial property insurance loss appraisal proceedings; | 
| 91 | prohibiting the appraisal process from addressing issues | 
| 92 | involving coverage or lack thereof under an insurance | 
| 93 | contract; authorizing the umpire and appraisers to | 
| 94 | consider causation issues when necessary to determine the | 
| 95 | amount of loss; providing an effective date. | 
| 96 | 
 | 
| 97 | Be It Enacted by the Legislature of the State of Florida: | 
| 98 | 
 | 
| 99 | Section 1.  Subsection (5) of section 624.501, Florida | 
| 100 | Statutes, is amended, and subsection (29) is added to that | 
| 101 | section, to read: | 
| 102 | 624.501  Filing, license, appointment, and miscellaneous | 
| 103 | fees.--The department, commission, or office, as appropriate, | 
| 104 | shall collect in advance, and persons so served shall pay to it | 
| 105 | in advance, fees, licenses, and miscellaneous charges as | 
| 106 | follows: | 
| 107 | (5)  All insurance representatives and property insurance | 
| 108 | appraisal umpires, application for license, each filing, filing | 
| 109 | fee....$50.00 | 
| 110 | (29)  All property insurance appraisal umpires, fees for | 
| 111 | issuance of original license and for biennial renewal or | 
| 112 | continuation thereof....$50.00 | 
| 113 | Section 2.  Present subsections (16), (17), and (18) of | 
| 114 | section 626.015, Florida Statutes, are redesignated as | 
| 115 | subsections (18), (19), and (20), respectively, and new | 
| 116 | subsections (16) and (17) are added to that section to read: | 
| 117 | 626.015  Definitions.--As used in this part: | 
| 118 | (16)  "Property insurance loss appraiser" has the same | 
| 119 | meaning as in s. 626.9933. | 
| 120 | (17)  "Property insurance appraisal umpire" has the same | 
| 121 | meaning as in s. 626.9933. | 
| 122 | Section 3.  Subsection (1) of section 626.016, Florida | 
| 123 | Statutes, is amended to read: | 
| 124 | 626.016  Powers and duties of department, commission, and | 
| 125 | office.-- | 
| 126 | (1)  The powers and duties of the Chief Financial Officer | 
| 127 | and the department specified in this part apply only with | 
| 128 | respect to insurance agents, insurance agencies, managing | 
| 129 | general agents, insurance adjusters, reinsurance intermediaries, | 
| 130 | viatical settlement brokers, customer representatives, service | 
| 131 | representatives, and property insurance appraisal umpires   | 
| 132 | agencies. | 
| 133 | Section 4.  Subsection (1) of section 626.022, Florida | 
| 134 | Statutes, is amended to read: | 
| 135 | 626.022  Scope of part.-- | 
| 136 | (1)  This part applies as to insurance agents, service | 
| 137 | representatives, adjusters, property insurance appraisal | 
| 138 | umpires, and insurance agencies; as to any and all kinds of | 
| 139 | insurance; and as to stock insurers, mutual insurers, reciprocal | 
| 140 | insurers, and all other types of insurers, except that: | 
| 141 | (a)  It does not apply as to reinsurance, except that ss. | 
| 142 | 626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss. | 
| 143 | 626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541- | 
| 144 | 626.591, and ss. 626.601-626.711 shall apply as to reinsurance | 
| 145 | intermediaries as defined in s. 626.7492. | 
| 146 | (b)  The applicability of this chapter as to fraternal | 
| 147 | benefit societies shall be as provided in chapter 632. | 
| 148 | (c)  It does not apply to a bail bond agent, as defined in | 
| 149 | s. 648.25, except as provided in chapter 648 or chapter 903. | 
| 150 | (d)  This part does not apply to a certified public | 
| 151 | accountant licensed under chapter 473 who is acting within the | 
| 152 | scope of the practice of public accounting, as defined in s. | 
| 153 | 473.302, provided that the activities of the certified public | 
| 154 | accountant are limited to advising a client of the necessity of | 
| 155 | obtaining insurance, the amount of insurance needed, or the line | 
| 156 | of coverage needed, and provided that the certified public | 
| 157 | accountant does not directly or indirectly receive or share in | 
| 158 | any commission or referral fee. | 
| 159 | Section 5.  Section 626.112, Florida Statutes, is amended | 
| 160 | to read: | 
| 161 | 626.112  License and appointment required; agents, customer | 
| 162 | representatives, adjusters, insurance agencies, service | 
| 163 | representatives, managing general agents, and property insurance | 
| 164 | appraisal umpires.-- | 
| 165 | (1)(a)  No person may be, act as, or advertise or hold | 
| 166 | himself or herself out to be an insurance agent, insurance | 
| 167 | adjuster, or customer representative unless he or she is | 
| 168 | currently licensed by the department and appointed by an | 
| 169 | appropriate appointing entity or person. | 
| 170 | (b)  Except as provided in subsection (6) or in applicable | 
| 171 | department rules, and in addition to other conduct described in | 
| 172 | this chapter with respect to particular types of agents, a | 
| 173 | license as an insurance agent, service representative, customer | 
| 174 | representative, or limited customer representative is required | 
| 175 | in order to engage in the solicitation of insurance. For | 
| 176 | purposes of this requirement, as applicable to any of the | 
| 177 | license types described in this section, the solicitation of | 
| 178 | insurance is the attempt to persuade any person to purchase an | 
| 179 | insurance product by: | 
| 180 | 1.  Describing the benefits or terms of insurance coverage, | 
| 181 | including premiums or rates of return; | 
| 182 | 2.  Distributing an invitation to contract to prospective | 
| 183 | purchasers; | 
| 184 | 3.  Making general or specific recommendations as to | 
| 185 | insurance products; | 
| 186 | 4.  Completing orders or applications for insurance | 
| 187 | products; | 
| 188 | 5.  Comparing insurance products, advising as to insurance | 
| 189 | matters, or interpreting policies or coverages; or | 
| 190 | 6.  Offering or attempting to negotiate on behalf of | 
| 191 | another person a viatical settlement contract as defined in s. | 
| 192 | 626.9911. | 
| 193 | 
 | 
| 194 | However, an employee leasing company licensed pursuant to | 
| 195 | chapter 468 which is seeking to enter into a contract with an | 
| 196 | employer that identifies products and services offered to | 
| 197 | employees may deliver proposals for the purchase of employee | 
| 198 | leasing services to prospective clients of the employee leasing | 
| 199 | company setting forth the terms and conditions of doing | 
| 200 | business; classify employees as permitted by s. 468.529; collect | 
| 201 | information from prospective clients and other sources as | 
| 202 | necessary to perform due diligence on the prospective client and | 
| 203 | to prepare a proposal for services; provide and receive | 
| 204 | enrollment forms, plans, and other documents; and discuss or | 
| 205 | explain in general terms the conditions, limitations, options, | 
| 206 | or exclusions of insurance benefit plans available to the client | 
| 207 | or employees of the employee leasing company were the client to | 
| 208 | contract with the employee leasing company. Any advertising | 
| 209 | materials or other documents describing specific insurance | 
| 210 | coverages must identify and be from a licensed insurer or its | 
| 211 | licensed agent or a licensed and appointed agent employed by the | 
| 212 | employee leasing company. The employee leasing company may not | 
| 213 | advise or inform the prospective business client or individual | 
| 214 | employees of specific coverage provisions, exclusions, or | 
| 215 | limitations of particular plans. As to clients for which the | 
| 216 | employee leasing company is providing services pursuant to s. | 
| 217 | 468.525(4), the employee leasing company may engage in | 
| 218 | activities permitted by ss. 626.7315, 626.7845, and 626.8305, | 
| 219 | subject to the restrictions specified in those sections. If a | 
| 220 | prospective client requests more specific information concerning | 
| 221 | the insurance provided by the employee leasing company, the | 
| 222 | employee leasing company must refer the prospective business | 
| 223 | client to the insurer or its licensed agent or to a licensed and | 
| 224 | appointed agent employed by the employee leasing company. | 
| 225 | (2)  No agent or customer representative shall solicit or | 
| 226 | otherwise transact as agent or customer representative, or | 
| 227 | represent or hold himself or herself out to be an agent or | 
| 228 | customer representative as to, any kind or kinds of insurance as | 
| 229 | to which he or she is not then licensed and appointed. | 
| 230 | (3)  No person shall act as an adjuster as to any class of | 
| 231 | business for which he or she is not then licensed and appointed. | 
| 232 | (4)  No person shall be, act as, or represent or hold | 
| 233 | himself or herself out to be a service representative unless he | 
| 234 | or she then holds a currently effective service representative | 
| 235 | license and appointment. This subsection does not apply as to | 
| 236 | similar representatives or employees of casualty insurers whose | 
| 237 | duties are restricted to health insurance. | 
| 238 | (5)  No person shall be, act as, or represent or hold | 
| 239 | himself or herself out to be a managing general agent unless he | 
| 240 | or she then holds a currently effective managing general agent | 
| 241 | license and appointment. | 
| 242 | (6)  An individual employed by a life or health insurer as | 
| 243 | an officer or other salaried representative may solicit and | 
| 244 | effect contracts of life insurance or annuities or of health | 
| 245 | insurance, without being licensed as an agent, when and only | 
| 246 | when he or she is accompanied by and solicits for and on the | 
| 247 | behalf of a licensed and appointed agent. | 
| 248 | (7)(a)  Effective October 1, 2006, no individual, firm, | 
| 249 | partnership, corporation, association, or any other entity shall | 
| 250 | act in its own name or under a trade name, directly or | 
| 251 | indirectly, as an insurance agency, unless it complies with s. | 
| 252 | 626.172 with respect to possessing an insurance agency license | 
| 253 | for each place of business at which it engages in any activity | 
| 254 | which may be performed only by a licensed insurance agent. Each | 
| 255 | agency engaged in business in this state before January 1, 2003, | 
| 256 | which is wholly owned by insurance agents currently licensed and | 
| 257 | appointed under this chapter, each incorporated agency whose | 
| 258 | voting shares are traded on a securities exchange, each agency | 
| 259 | designated and subject to supervision and inspection as a branch | 
| 260 | office under the rules of the National Association of Securities | 
| 261 | Dealers, and each agency whose primary function is offering | 
| 262 | insurance as a service or member benefit to members of a | 
| 263 | nonprofit corporation may file an application for registration | 
| 264 | in lieu of licensure in accordance with s. 626.172(3). Each | 
| 265 | agency engaged in business before October 1, 2006, shall file an | 
| 266 | application for licensure or registration on or before October | 
| 267 | 1, 2006. | 
| 268 | 1.  If an agency is required to be licensed but fails to | 
| 269 | file an application for licensure in accordance with this | 
| 270 | section, the department shall impose on the agency an | 
| 271 | administrative penalty in an amount of up to $10,000. | 
| 272 | 2.  If an agency is eligible for registration but fails to | 
| 273 | file an application for registration or an application for | 
| 274 | licensure in accordance with this section, the department shall | 
| 275 | impose on the agency an administrative penalty in an amount of | 
| 276 | up to $5,000. | 
| 277 | (b)  A registered insurance agency shall, as a condition | 
| 278 | precedent to continuing business, obtain an insurance agency | 
| 279 | license if the department finds that, with respect to any | 
| 280 | majority owner, partner, manager, director, officer, or other | 
| 281 | person who manages or controls the agency, any person has: | 
| 282 | 1.  Been found guilty of, or has pleaded guilty or nolo | 
| 283 | contendere to, a felony in this state or any other state | 
| 284 | relating to the business of insurance or to an insurance agency, | 
| 285 | without regard to whether a judgment of conviction has been | 
| 286 | entered by the court having jurisdiction of the cases. | 
| 287 | 2.  Employed any individual in a managerial capacity or in | 
| 288 | a capacity dealing with the public who is under an order of | 
| 289 | revocation or suspension issued by the department. An insurance | 
| 290 | agency may request, on forms prescribed by the department, | 
| 291 | verification of any person's license status. If a request is | 
| 292 | mailed within 5 working days after an employee is hired, and the | 
| 293 | employee's license is currently suspended or revoked, the agency | 
| 294 | shall not be required to obtain a license, if the unlicensed | 
| 295 | person's employment is immediately terminated. | 
| 296 | 3.  Operated the agency or permitted the agency to be | 
| 297 | operated in violation of s. 626.747. | 
| 298 | 4.  With such frequency as to have made the operation of | 
| 299 | the agency hazardous to the insurance-buying public or other | 
| 300 | persons: | 
| 301 | a.  Solicited or handled controlled business. This | 
| 302 | subparagraph shall not prohibit the licensing of any lending or | 
| 303 | financing institution or creditor, with respect to insurance | 
| 304 | only, under credit life or disability insurance policies of | 
| 305 | borrowers from the institutions, which policies are subject to | 
| 306 | part IX of chapter 627. | 
| 307 | b.  Misappropriated, converted, or unlawfully withheld | 
| 308 | moneys belonging to insurers, insureds, beneficiaries, or others | 
| 309 | and received in the conduct of business under the license. | 
| 310 | c.  Unlawfully rebated, attempted to unlawfully rebate, or | 
| 311 | unlawfully divided or offered to divide commissions with | 
| 312 | another. | 
| 313 | d.  Misrepresented any insurance policy or annuity | 
| 314 | contract, or used deception with regard to any policy or | 
| 315 | contract, done either in person or by any form of dissemination | 
| 316 | of information or advertising. | 
| 317 | e.  Violated any provision of this code or any other law | 
| 318 | applicable to the business of insurance in the course of dealing | 
| 319 | under the license. | 
| 320 | f.  Violated any lawful order or rule of the department. | 
| 321 | g.  Failed or refused, upon demand, to pay over to any | 
| 322 | insurer he or she represents or has represented any money coming | 
| 323 | into his or her hands belonging to the insurer. | 
| 324 | h.  Violated the provision against twisting as defined in | 
| 325 | s. 626.9541(1)(l). | 
| 326 | i.  In the conduct of business, engaged in unfair methods | 
| 327 | of competition or in unfair or deceptive acts or practices, as | 
| 328 | prohibited under part IX of this chapter. | 
| 329 | j.  Willfully overinsured any property insurance risk. | 
| 330 | k.  Engaged in fraudulent or dishonest practices in the | 
| 331 | conduct of business arising out of activities related to | 
| 332 | insurance or the insurance agency. | 
| 333 | l.  Demonstrated lack of fitness or trustworthiness to | 
| 334 | engage in the business of insurance arising out of activities | 
| 335 | related to insurance or the insurance agency. | 
| 336 | m.  Authorized or knowingly allowed individuals to transact | 
| 337 | insurance who were not then licensed as required by this code. | 
| 338 | 5.  Knowingly employed any person who within the preceding | 
| 339 | 3 years has had his or her relationship with an agency | 
| 340 | terminated in accordance with paragraph (d). | 
| 341 | 6.  Willfully circumvented the requirements or prohibitions | 
| 342 | of this code. | 
| 343 | (8)  No insurance agent, insurance agency, or other person | 
| 344 | licensed under the Insurance Code may pay any fee or other | 
| 345 | consideration to an unlicensed person other than an insurance | 
| 346 | agency for the referral of prospective purchasers to an | 
| 347 | insurance agent which is in any way dependent upon whether the | 
| 348 | referral results in the purchase of an insurance product. | 
| 349 | (9)  Any person who knowingly transacts insurance or | 
| 350 | otherwise engages in insurance activities in this state without | 
| 351 | a license in violation of this section commits a felony of the | 
| 352 | third degree, punishable as provided in s. 775.082, s. 775.083, | 
| 353 | or s. 775.084. | 
| 354 | (10)  Effective July 1, 2009, a person may not act as, | 
| 355 | represent himself or herself as, or hold himself or herself out | 
| 356 | to be a property insurance appraisal umpire unless he or she | 
| 357 | holds a current property insurance appraisal umpire license | 
| 358 | issued by the department. | 
| 359 | Section 6.  Part XII of chapter 626, Florida Statutes, | 
| 360 | consisting of sections 626.9931, 626.9932, 626.9933, 626.9934, | 
| 361 | 626.9935, 626.9936, 626.9937, 626.9938, 626.9939, 626.9940, | 
| 362 | 626.9941, and 626.9942, is created to read: | 
| 363 | 626.9931  Purpose.--The Legislature finds that it is in the | 
| 364 | interest of the public welfare to regulate property insurance | 
| 365 | appraisal umpires in this state. | 
| 366 | 626.9932  Scope of part.--The provisions of this part apply | 
| 367 | to residential and commercial residential property insurance | 
| 368 | contracts that contain an appraisal clause and to the umpires | 
| 369 | and appraisers who participate in the appraisal process as a | 
| 370 | result of an appraisal clause. | 
| 371 | 626.9933  Definitions.--As used in this part, the term: | 
| 372 | (1)  "Appraisal" means the process of estimating or | 
| 373 | evaluating actual cash value, the amount of loss, or the cost of | 
| 374 | repair or replacement of property for the purpose of quantifying | 
| 375 | the monetary value of a property loss claim when an insurer and | 
| 376 | an insured have failed to mutually agree on the value of the | 
| 377 | loss pursuant to a residential or commercial residential | 
| 378 | property insurance contract that permits the resolution of a | 
| 379 | claim dispute by appraisal. | 
| 380 | (2)  "Property insurance appraisal umpire" and "umpire" | 
| 381 | mean a competent, independent, and impartial third party | 
| 382 | selected by the appraisers for the insurer and insured to | 
| 383 | resolve issues for which the appraisers are unable to reach an | 
| 384 | agreement in the course of the appraisal process pursuant to a | 
| 385 | residential or commercial residential property insurance | 
| 386 | contract that permits the resolution of a claim dispute by | 
| 387 | appraisal. | 
| 388 | (3)  "Property insurance loss appraiser" and "appraiser" | 
| 389 | mean a competent and independent third party selected by an | 
| 390 | insurer or an insured to develop an appraisal for purposes of | 
| 391 | the appraisal process under a residential or commercial | 
| 392 | residential property insurance contract that permits the | 
| 393 | resolution of a claim dispute by appraisal. | 
| 394 | 626.9934  Appraisal umpire application; fingerprinting | 
| 395 | required; umpire list.-- | 
| 396 | (1)  Application for a license under this part shall be | 
| 397 | made as provided in s. 626.171 and related sections of this | 
| 398 | code. | 
| 399 | (2)  At the time of application, the applicant must be | 
| 400 | fingerprinted by a law enforcement agency or other entity | 
| 401 | approved by the department and must pay the fingerprint | 
| 402 | processing fee specified in s. 624.501. Fingerprints must be | 
| 403 | processed in accordance with s. 624.34. | 
| 404 | (3)  The department shall develop and maintain as a public | 
| 405 | record a current list of licensed property insurance appraisal | 
| 406 | umpires. | 
| 407 | 626.9935  Rulemaking authority.--The department may adopt | 
| 408 | rules to administer the requirements of this part pursuant to | 
| 409 | ss. 120.536(1) and 120.54. | 
| 410 | 626.9936  Qualifications for licensure as a property | 
| 411 | insurance appraisal umpire.-- | 
| 412 | (1)  The department may not issue a license as a property | 
| 413 | insurance appraisal umpire to any individual found by it to be | 
| 414 | untrustworthy or incompetent, or who does not meet the following | 
| 415 | qualifications: | 
| 416 | (a)  The applicant has filed an application with the | 
| 417 | department in accordance with s. 626.171; | 
| 418 | (b)  The applicant is a natural person who is at least 18 | 
| 419 | years of age; | 
| 420 | (c)  The applicant is a United States citizen or legal | 
| 421 | alien who possesses work authorization from the United States | 
| 422 | Bureau of Citizenship and Immigration Services; and | 
| 423 | (d)  The applicant has completed the education, experience, | 
| 424 | or licensing requirements in s. 626.9937. | 
| 425 | (2)  An incomplete application expires 6 months after the | 
| 426 | date on which it is received. | 
| 427 | (3)  An applicant seeking to become licensed under this | 
| 428 | part may not be rejected solely by virtue of membership or lack | 
| 429 | of membership in any particular appraisal organization. | 
| 430 | 626.9937  Requirements as to licensure, education, | 
| 431 | experience, or instruction for applicants seeking licensure as a | 
| 432 | property insurance appraisal umpire.--The department may not | 
| 433 | issue a license to an applicant for licensure as a property | 
| 434 | insurance appraisal umpire unless the applicant meets one of the | 
| 435 | following requirements: | 
| 436 | (1)  The applicant is currently licensed, registered, | 
| 437 | certified, or approved as an engineer as defined in s. 471.005, | 
| 438 | or as a retired professional engineer as defined in s. 471.005, | 
| 439 | and has taught or successfully completed 4 hours of classroom | 
| 440 | coursework, approved by the department, specifically related to | 
| 441 | construction, building codes, appraisal procedure, appraisal | 
| 442 | preparation, and any other related material deemed appropriate | 
| 443 | by the department. | 
| 444 | (2)  The applicant is currently or, within the 5 years | 
| 445 | immediately preceding the date on which the application is filed | 
| 446 | with the department, has been licensed, registered, certified, | 
| 447 | or approved as a general contractor, building contractor, or | 
| 448 | residential contractor as defined in s. 489.105, and has taught | 
| 449 | or successfully completed 4 hours of classroom coursework, | 
| 450 | approved by the department, specifically related to | 
| 451 | construction, building codes, appraisal procedure, appraisal | 
| 452 | preparation, and any other related material deemed appropriate | 
| 453 | by the department. | 
| 454 | (3)  The applicant is currently or, within the 5 years | 
| 455 | immediately preceding the date on which the application is filed | 
| 456 | with the department, has been licensed or registered as an | 
| 457 | architect to engage in the practice of architecture pursuant to | 
| 458 | part I of chapter 481 and has taught or successfully completed 4 | 
| 459 | hours of classroom coursework, approved by the department, | 
| 460 | specifically related to construction, building codes, appraisal | 
| 461 | procedure, appraisal preparation, and any other related material | 
| 462 | deemed appropriate by the department. | 
| 463 | (4)  The applicant is currently or, within the 5 years | 
| 464 | immediately preceding the date on which the application is filed | 
| 465 | with the department, has been a qualified geologist or | 
| 466 | professional geologist as defined in s. 492.102 and has taught | 
| 467 | or successfully completed 4 hours of classroom coursework, | 
| 468 | approved by the department, specifically related to | 
| 469 | construction, building codes, appraisal procedure, appraisal | 
| 470 | preparation, and any other related material deemed appropriate | 
| 471 | by the department. | 
| 472 | (5)  The applicant is currently or, within the 5 years | 
| 473 | immediately preceding the date on which the application is filed | 
| 474 | with the department, has been licensed as a certified public | 
| 475 | accountant as defined in s. 473.302, and has taught or | 
| 476 | successfully completed 4 hours of classroom coursework, approved | 
| 477 | by the department, specifically related to construction, | 
| 478 | building codes, appraisal procedure, appraisal preparation, and | 
| 479 | any other related material deemed appropriate by the department. | 
| 480 | (6)  The applicant is currently or, within the 5 years | 
| 481 | immediately preceding the date on which the application is filed | 
| 482 | with the department, has been licensed as an attorney at law in | 
| 483 | this state and has taught or successfully completed 4 hours of | 
| 484 | classroom coursework, approved by the department, specifically | 
| 485 | related to construction, building codes, appraisal procedure, | 
| 486 | appraisal preparation, and any other related material deemed | 
| 487 | appropriate by the department. | 
| 488 | (7)  The applicant has received a baccalaureate degree from | 
| 489 | an accredited 4-year college in the field of engineering, | 
| 490 | architecture, or building construction and has taught or | 
| 491 | successfully completed 4 hours of classroom coursework, approved | 
| 492 | by the department, specifically related to construction, | 
| 493 | building codes, appraisal procedure, appraisal preparation, and | 
| 494 | any other related material deemed appropriate by the department. | 
| 495 | (8)  The applicant is currently licensed as an all-lines or | 
| 496 | property and casualty adjuster pursuant to part VI and: | 
| 497 | (a)  Has 1 year of proven experience as an employee of a | 
| 498 | general contractor, building contractor, or residential | 
| 499 | contractor; | 
| 500 | (b)  Has received a minimum of 8 semester hours or 12 | 
| 501 | quarter hours of credit from an accredited college in the field | 
| 502 | of accounting, geology, engineering, architecture, or building | 
| 503 | construction; | 
| 504 | (c)  Has taught or successfully completed 24 hours of | 
| 505 | classroom coursework, approved by the department, specifically | 
| 506 | related to construction, building codes, appraisal procedure, | 
| 507 | appraisal preparation, and any other related material deemed | 
| 508 | appropriate by the department; or | 
| 509 | (d)  Has acted as an appraiser or umpire in a minimum of 20 | 
| 510 | appraisal proceedings under a property insurance contract within | 
| 511 | the 4 years immediately preceding the date on which an insurer | 
| 512 | or insured demands an appraisal. | 
| 513 | (9)  The applicant has successfully completed 40 hours of | 
| 514 | classroom coursework, approved by the department, specifically | 
| 515 | related to construction, building codes, appraisal procedure, | 
| 516 | appraisal preparation, property insurance, and any other related | 
| 517 | material deemed appropriate by the department. | 
| 518 | 626.9938  Regulation of umpire course providers, | 
| 519 | instructors, and courses.-- | 
| 520 | (1)  Each umpire course provider, instructor, and classroom | 
| 521 | course must be approved by and registered with the department | 
| 522 | before prelicensure courses for property insurance appraisal | 
| 523 | umpires may be offered. Each classroom course must include a | 
| 524 | written examination at the conclusion of the course and must | 
| 525 | cover all of the material contained in the course. A student may | 
| 526 | not receive credit for the course unless the student achieves a | 
| 527 | grade of not less than 75 on the examination. | 
| 528 | (2)  The department shall adopt rules establishing | 
| 529 | standards for the approval, registration, discipline, or removal | 
| 530 | from registration of course providers, instructors, and courses. | 
| 531 | The standards must be designed to ensure that instructors have | 
| 532 | the knowledge, competence, and integrity to fulfill the | 
| 533 | educational objectives of the prelicensure requirements of this | 
| 534 | part. | 
| 535 | (3)  The department shall adopt rules to establish a | 
| 536 | process for determining compliance with the prelicensure | 
| 537 | requirements of this part. The department shall adopt rules | 
| 538 | prescribing the forms necessary to administer the prelicensure | 
| 539 | requirements of this part. | 
| 540 | (4)  Approval to teach prescribed or approved appraisal | 
| 541 | courses does not entitle the instructor to teach any courses | 
| 542 | outside the scope of this part. | 
| 543 | 626.9939  Grounds for compulsory refusal, suspension, or | 
| 544 | revocation of an umpire's license.--In addition to the grounds | 
| 545 | set forth in s. 626.611, the department shall deny an | 
| 546 | application for, and suspend, revoke, or refuse to renew or | 
| 547 | continue, a license as a property insurance appraisal umpire if | 
| 548 | it finds that the licensee has: | 
| 549 | (1)  Violated a duty imposed upon him or her by law or by | 
| 550 | the terms of a contract, whether written, oral, express, or | 
| 551 | implied, in an appraisal; has aided, assisted, or conspired with | 
| 552 | any other person engaged in any such misconduct and in | 
| 553 | furtherance thereof; or has formed an intent, design, or scheme | 
| 554 | to engage in such misconduct and committed an overt act in | 
| 555 | furtherance of such intent, design, or scheme. It is immaterial | 
| 556 | to a finding that a licensee has committed a violation of this | 
| 557 | subsection that the victim or intended victim of the misconduct | 
| 558 | has sustained no damage or loss, that the damage or loss has | 
| 559 | been settled and paid after the discovery of misconduct, or that | 
| 560 | such victim or intended victim was a customer or a person in a | 
| 561 | confidential relation with the licensee or was an identified | 
| 562 | member of the general public. | 
| 563 | (2)  Violated any provision of this part or any lawful | 
| 564 | order or rule of the department. | 
| 565 | (3)  Had a registration, license, or certification as an | 
| 566 | appraiser revoked, suspended, or otherwise acted against; has | 
| 567 | had his or her registration, license, or certificate to practice | 
| 568 | or conduct any regulated profession, business, or vocation | 
| 569 | revoked or suspended by this or any other state, any nation, or | 
| 570 | any possession or district of the United States; or has had an | 
| 571 | application for such registration, licensure, or certification | 
| 572 | to practice or conduct any regulated profession, business, or | 
| 573 | vocation denied by this or any other state, any nation, or any | 
| 574 | possession or district of the United States. | 
| 575 | (4)  Made or filed a report or record, either written or | 
| 576 | oral, which the licensee knows to be false; has willfully failed | 
| 577 | to file a report or record required by state or federal law; has | 
| 578 | willfully impeded or obstructed such filing; or has induced | 
| 579 | another person to impede or obstruct such filing. | 
| 580 | (5)  Accepted an appointment as an umpire if the | 
| 581 | appointment itself is contingent upon the umpire reporting a | 
| 582 | predetermined result, analysis, or opinion, or if the fee to be | 
| 583 | paid for the services of the umpire is contingent upon the | 
| 584 | opinion, conclusion, or valuation reached by the umpire. | 
| 585 | 626.9940  Grounds for discretionary denial, suspension, or | 
| 586 | revocation of a license as a property insurance appraisal | 
| 587 | umpire.--In addition to the applicable grounds set forth in s. | 
| 588 | 626.621, the department may deny an application for and suspend, | 
| 589 | revoke, or refuse to renew or continue a license as a property | 
| 590 | insurance appraisal umpire, if it finds that the umpire has: | 
| 591 | (1)  Failed to timely communicate with the appraisers | 
| 592 | without good cause. | 
| 593 | (2)  Failed or refused to exercise reasonable diligence in | 
| 594 | submitting recommendations to the appraisers. | 
| 595 | (3)  Violated any ethical standard for property insurance | 
| 596 | appraisal umpires set forth in s. 626.9941. | 
| 597 | (4)  Failed to inform the department in writing within 30 | 
| 598 | days after pleading guilty or nolo contendere to, or being | 
| 599 | convicted or found guilty of, any felony. | 
| 600 | (5)  Failed to timely notify the department of any change | 
| 601 | in business location, or has failed to fully disclose all | 
| 602 | business locations from which he or she operates as a property | 
| 603 | insurance appraisal umpire. | 
| 604 | 626.9941  Ethical standards for property insurance | 
| 605 | appraisal umpires.-- | 
| 606 | (1)  IMPARTIALITY.--An umpire shall be neutral and maintain | 
| 607 | impartiality throughout the appraisal process. Impartiality | 
| 608 | means freedom from favoritism or bias in word, action, or | 
| 609 | appearance. An umpire shall withdraw from appraisal if the | 
| 610 | umpire is no longer impartial. | 
| 611 | (2)  GIFTS AND SOLICITATION.--An umpire may not give or | 
| 612 | accept any gift, favor, loan, or other item of value in an | 
| 613 | appraisal process. During the appraisal process, an umpire may | 
| 614 | not solicit or otherwise attempt to procure future professional | 
| 615 | services. | 
| 616 | (3)  CONFLICTS OF INTEREST.--An umpire may not participate | 
| 617 | in a matter that presents a clear or undisclosed conflict of | 
| 618 | interest. A conflict of interest arises when any relationship | 
| 619 | between the umpire and the appraisal participants or the subject | 
| 620 | matter of the dispute compromises, or appears to compromise, the | 
| 621 | umpire's impartiality. | 
| 622 | (4)  BURDEN OF DISCLOSURE.--The burden of disclosure of any | 
| 623 | potential conflict of interest rests on the umpire. Disclosure | 
| 624 | must be made as soon as practical after the umpire becomes aware | 
| 625 | of the interest or relationship giving rise to the potential | 
| 626 | conflict of interest. | 
| 627 | (5)  EFFECT OF DISCLOSURE.--After appropriate disclosure, | 
| 628 | the umpire may serve if all parties agree. However, if a | 
| 629 | conflict of interest clearly impairs an umpire's impartiality, | 
| 630 | the umpire shall withdraw regardless of the express agreement of | 
| 631 | the parties. | 
| 632 | (6)  CONFIDENTIALITY.--An umpire shall maintain | 
| 633 | confidentiality of all information revealed during an appraisal | 
| 634 | except where disclosure is required by law. | 
| 635 | (7)  RECORDKEEPING.--An umpire shall maintain | 
| 636 | confidentiality in the storage and disposal of records and may | 
| 637 | not disclose any identifying information when materials are used | 
| 638 | for research, training, or statistical compilations. | 
| 639 | (8)  FEES AND EXPENSES.--An umpire holds a position of | 
| 640 | trust. Fees charged for appraisal services shall be reasonable | 
| 641 | and consistent with the nature of the case. An umpire shall be | 
| 642 | guided by the following general principles in determining fees: | 
| 643 | (a)  Any charges for services as an umpire based on time | 
| 644 | may not exceed actual time spent or allocated; | 
| 645 | (b)  Charges for costs shall be for those actually | 
| 646 | incurred; and | 
| 647 | (c)  An umpire may not charge, agree to, or accept as | 
| 648 | compensation or reimbursement any payment, commission, or fee | 
| 649 | that is based on a percentage basis, or that is contingent upon | 
| 650 | arriving at a particular value or any future happening or | 
| 651 | outcome of the assignment. | 
| 652 | (9)  MAINTENANCE OF RECORDS.--An umpire shall maintain | 
| 653 | records necessary to support charges for services and expenses | 
| 654 | and upon request shall provide an accounting of all applicable | 
| 655 | charges to the parties. | 
| 656 | (10)  ADVERTISING.--An umpire may not engage in marketing | 
| 657 | practices that contain false or misleading information. An | 
| 658 | umpire shall ensure that any advertisements of the umpire's | 
| 659 | qualifications, services to be rendered, or the appraisal | 
| 660 | process are accurate and honest. An umpire may not make claims | 
| 661 | of achieving specific outcomes or promises implying favoritism | 
| 662 | for the purpose of obtaining business. | 
| 663 | (11)  INTEGRITY AND IMPARTIALITY.--An umpire may not accept | 
| 664 | any engagement, provide any service, or perform any act that | 
| 665 | would compromise the umpire's integrity or impartiality. | 
| 666 | (12)  SKILL AND EXPERIENCE.--An umpire shall decline an | 
| 667 | appointment or selection, withdraw, or request appropriate | 
| 668 | assistance when the facts and circumstances of the appraisal are | 
| 669 | beyond the umpire's skill or experience. | 
| 670 | 626.9942  Retention of records.--An umpire licensed under | 
| 671 | this part shall retain for at least 5 years original or true | 
| 672 | copies of any contracts engaging the umpire's services, | 
| 673 | appraisal reports, and supporting data assembled and formulated | 
| 674 | by the umpire in preparing appraisal reports. The period for | 
| 675 | retaining the records applicable to each engagement of the | 
| 676 | services of the umpire starts on the date of the submission of | 
| 677 | the appraisal report to the client. These records must be made | 
| 678 | available by the umpire for inspection and copying by the | 
| 679 | department upon reasonable notice to the umpire. If an appraisal | 
| 680 | has been the subject of, or has been admitted as evidence in, a | 
| 681 | lawsuit, reports and records must be retained for at least 2 | 
| 682 | years after the date on which the trial ends. | 
| 683 | Section 7.  Section 627.4141, Florida Statutes, is created | 
| 684 | to read: | 
| 685 | 627.4141  Residential or commercial property insurance loss | 
| 686 | appraisal.--If a residential or commercial residential property | 
| 687 | insurance contract provides that either party may submit a | 
| 688 | written demand to enter into the process of appraisal if the | 
| 689 | insured and the insurer fail to mutually agree as to the actual | 
| 690 | cash value, the amount of loss, or the cost of repair or | 
| 691 | replacement of property for which a claim has been filed, that | 
| 692 | process shall be governed by this section. The insurer may | 
| 693 | refuse to accept the demand only if the insured materially | 
| 694 | failed to comply with the post-loss obligations of the insured | 
| 695 | as set forth in the policy conditions. | 
| 696 | (1)  Each party shall select a competent and independent | 
| 697 | appraiser and notify the other party of the appraiser selected | 
| 698 | within 20 days after the date of the demand for appraisal. The | 
| 699 | appraisers shall select a competent, independent, and impartial | 
| 700 | umpire who is on the department's list of licensed property | 
| 701 | insurance appraisal umpires. If the appraisers are unable to | 
| 702 | agree on an umpire within 15 days, the insured or the insurer | 
| 703 | may file a petition with a county or circuit court in the | 
| 704 | jurisdiction in which the covered property is located to | 
| 705 | designate a licensed property insurance appraisal umpire for the | 
| 706 | appraisal. | 
| 707 | (2)  Appraisal proceedings are informal unless the insured | 
| 708 | and the insurer mutually agree otherwise. For purposes of this | 
| 709 | section, "informal" means that no formal discovery shall be | 
| 710 | conducted, including depositions, interrogatories, requests for | 
| 711 | admission, or other forms of formal civil discovery; no formal | 
| 712 | rules of evidence shall be applied; and no court reporter shall | 
| 713 | be used for the proceedings. | 
| 714 | (3)  Each appraiser shall appraise the loss and submit a | 
| 715 | written report to the other appraiser, separately stating the | 
| 716 | cost of the loss, the actual cash value, or the cost to repair | 
| 717 | or replace each item. The appraisers shall attempt to resolve | 
| 718 | any differences in their appraisals and reach a mutual agreement | 
| 719 | on all matters. If the appraisers are unable to agree, they | 
| 720 | shall submit the differences in their findings to the umpire. | 
| 721 | (4)  The umpire shall review any differences in appraisals | 
| 722 | submitted by the appraisers and determine the amount of the loss | 
| 723 | for each item submitted. Within 10 days after receipt of any | 
| 724 | differences in appraisals, the umpire shall submit the umpire's | 
| 725 | conclusions in writing to each appraiser. | 
| 726 | (5)  If either appraiser agrees with the conclusions of the | 
| 727 | umpire, an itemized written appraisal award signed by the umpire | 
| 728 | and the appraiser shall be filed with the insurer and shall | 
| 729 | determine the amount of the loss. | 
| 730 | (6)  The appraisal award is binding on the insurer and the | 
| 731 | insured with regard to the amount of the loss. The insurer | 
| 732 | retains the right to enforce policy terms, conditions, and | 
| 733 | exclusions with regard to coverage issues. | 
| 734 | (7)  Each appraiser shall be paid by the party who selects | 
| 735 | the appraiser and the expenses of the appraisal and fees of the | 
| 736 | umpire shall be paid by the parties equally except, if the final | 
| 737 | determination of the amount of the loss exceeds 50 percent of | 
| 738 | the insurer's original appraisal, the insurer shall pay all of | 
| 739 | the expenses, including any fees and expenses charged by the | 
| 740 | insured's appraiser and all fees and expenses of the umpire. | 
| 741 | (8)  The provisions of the Florida Arbitration Code do not | 
| 742 | apply to residential and commercial property insurance loss | 
| 743 | appraisal proceedings. | 
| 744 | (9)  The appraisal process may not address issues involving | 
| 745 | whether or not the loss or damage is covered under the terms of | 
| 746 | the insurance contract. However, the appraisers and the umpire | 
| 747 | may consider causation issues, when necessary, to determine the | 
| 748 | amount of loss. | 
| 749 | Section 8.  This act shall take effect July 1, 2008. |