| 1 | A bill to be entitled | 
| 2 | An act relating to insurance adjusters; amending s. | 
| 3 | 624.501, F.S.; providing for filing fees for an | 
| 4 | application for reinstatement of a suspended license; | 
| 5 | amending s. 626.015, F.S.; redefining the term "adjuster" | 
| 6 | to include a public adjuster apprentice; amending s. | 
| 7 | 626.221, F.S.; providing that certain company employee | 
| 8 | adjusters and independent adjusters seeking reinstatement | 
| 9 | of a suspended license are not required to take an | 
| 10 | examination; amending s. 626.241, F.S.; requiring that the | 
| 11 | Department of Financial Services create an examination for | 
| 12 | applicants seeking licensure as a public adjuster and a | 
| 13 | separate examination for applicants seeking licensure as a | 
| 14 | company employee adjuster or independent adjuster; | 
| 15 | amending s. 626.641, F.S.; providing that a suspended | 
| 16 | license may not be reinstated unless the individual | 
| 17 | seeking reinstatement files an application for | 
| 18 | reinstatement which is subsequently approved by the | 
| 19 | department; prohibiting the department from approving such | 
| 20 | an application under certain circumstances; amending s. | 
| 21 | 626.854, F.S.; prohibiting a public adjuster from | 
| 22 | soliciting or entering into a contract with any insured or | 
| 23 | claimant under an insurance policy for a specified period | 
| 24 | after the occurrence of an event that may be the subject | 
| 25 | of a claim; providing an exception; providing that a | 
| 26 | public adjuster's contract to adjust a claim may be | 
| 27 | canceled by the client without penalty within a specified | 
| 28 | period after the execution of the contract; requiring that | 
| 29 | a public adjuster disclose to a client his or her right to | 
| 30 | cancel a contract by specified means; prohibiting a public | 
| 31 | adjuster, apprentice, or his or her agent from giving or | 
| 32 | offering a monetary loan or an article in excess of a | 
| 33 | specified value to a client or prospective client; | 
| 34 | providing that a public adjuster may not charge, agree to, | 
| 35 | or accept a fee, payment, commission, or any compensation | 
| 36 | based on any claim payments for additional living expenses | 
| 37 | or based on the amount of a claim payment or payment offer | 
| 38 | by the insurer which occurred before the date on which the | 
| 39 | adjuster and insured executed a contract with regard to | 
| 40 | the claim; providing restrictions on the fees and | 
| 41 | compensation that may be charged or accepted by a public | 
| 42 | adjuster with regard to claims involving residential or | 
| 43 | commercial policies that do or do not arise from | 
| 44 | hurricanes; prohibiting a public adjuster from basing any | 
| 45 | charge, fee, payment, commission, or compensation relating | 
| 46 | to a supplemental claim on the corresponding previous | 
| 47 | settlement or claim payment; limiting the amount of | 
| 48 | compensation that may be charged, agreed to, or accepted | 
| 49 | by a public adjuster to a specified amount; providing an | 
| 50 | exception; providing that it is an unfair and deceptive | 
| 51 | insurance trade practice for a public adjuster or any | 
| 52 | other person to circulate or disseminate any | 
| 53 | advertisement, announcement, or statement containing any | 
| 54 | assertion, representation, or statement with respect to | 
| 55 | the business of insurance which is untrue, deceptive, or | 
| 56 | misleading; creating s. 626.8541, F.S.; defining the term | 
| 57 | "public adjuster apprentice"; amending s. 626.865, F.S.; | 
| 58 | providing qualifications that an applicant must possess | 
| 59 | before the issuance of a license by the department; | 
| 60 | requiring that certain persons applying for a license | 
| 61 | after the completion of a period of suspension, | 
| 62 | termination, cancellation, revocation, or expiration must | 
| 63 | pass the examination required for licensure as a public | 
| 64 | adjuster; creating s. 626.8651, F.S.; providing | 
| 65 | requirements for licensure as a public adjuster | 
| 66 | apprentice; requiring that the department approve an | 
| 67 | application under certain circumstances; requiring that | 
| 68 | the department deny an application under certain | 
| 69 | circumstances; requiring that an application be | 
| 70 | accompanied by an affidavit verifying certain information; | 
| 71 | requiring that all license fees be paid before the | 
| 72 | department issues a license; requiring the applicant to | 
| 73 | file a bond in a specified amount in favor of the | 
| 74 | department; providing for termination of the bond; | 
| 75 | requiring that the apprentice's work be supervised by a | 
| 76 | licensed adjuster in good standing; authorizing the | 
| 77 | department to adopt rules governing employment | 
| 78 | requirements; providing that the supervising adjuster is | 
| 79 | responsible for the acts of the apprentice; providing a | 
| 80 | period of effectiveness for an apprentice license; | 
| 81 | providing that an individual licensed as an apprentice may | 
| 82 | file an application for licensure as a public adjuster | 
| 83 | after a specified period of employment as an apprentice; | 
| 84 | requiring that a sworn affidavit containing certain | 
| 85 | information accompany such application; prohibiting an | 
| 86 | apprentice from performing any functions for which a | 
| 87 | license is required after the expiration of his or her | 
| 88 | license for apprenticeship without first obtaining a | 
| 89 | license to work as a public adjuster; limiting the | 
| 90 | authority of a public adjuster apprentice; amending s. | 
| 91 | 626.869, F.S.; providing for continuing education for | 
| 92 | company employee adjusters, independent adjusters, and | 
| 93 | public adjusters; providing for the satisfaction of | 
| 94 | continuing education requirements for nonresident | 
| 95 | adjusters; amending s. 626.8698, F.S.; providing | 
| 96 | disciplinary guidelines for public adjusters and public | 
| 97 | adjuster apprentices; amending s. 626.870, F.S.; providing | 
| 98 | requirements for the reinstatement of a suspended license; | 
| 99 | providing for the notification of denial or approval of an | 
| 100 | application for reinstatement; amending s. 626.8732, F.S.; | 
| 101 | revising requirements for licensure as a nonresident | 
| 102 | public adjuster; providing exceptions to such | 
| 103 | requirements; requiring that an applicant for licensure as | 
| 104 | a nonresident public adjuster provide certain information | 
| 105 | with his or her application; requiring that the department | 
| 106 | verify the nonresident applicant's licensing status; | 
| 107 | creating ss. 626.8796 and 626.8797, F.S.; requiring that | 
| 108 | all contracts for services by a public adjuster be in | 
| 109 | writing and contain a specified statement regarding fraud; | 
| 110 | providing that any person who knowingly and with intent to | 
| 111 | injure, defraud, or deceive any insurer or who files a | 
| 112 | statement of claim or proof of loss containing any false, | 
| 113 | incomplete, or misleading information commits a felony of | 
| 114 | the third degree; providing a statement that must be | 
| 115 | signed by a public adjuster for claims under a policy | 
| 116 | requiring the filing of a written proof of loss containing | 
| 117 | an estimate of the costs to repair or replace damaged | 
| 118 | property; providing that it is a felony of the third | 
| 119 | degree for any person who, with the intent to injure, | 
| 120 | defraud, or deceive any insurer, prepares, presents, or | 
| 121 | causes to be presented a proof of loss in support of a | 
| 122 | claim under an insurance policy knowing that the proof of | 
| 123 | loss contains any false, incomplete, or misleading | 
| 124 | information concerning any fact or thing material to the | 
| 125 | claim; providing an effective date. | 
| 126 | 
 | 
| 127 | Be It Enacted by the Legislature of the State of Florida: | 
| 128 | 
 | 
| 129 | Section 1.  Subsection (5) of section 624.501, Florida | 
| 130 | Statutes, is amended to read: | 
| 131 | 624.501  Filing, license, appointment, and miscellaneous | 
| 132 | fees.--The department, commission, or office, as appropriate, | 
| 133 | shall collect in advance, and persons so served shall pay to it | 
| 134 | in advance, fees, licenses, and miscellaneous charges as | 
| 135 | follows: | 
| 136 | (5)  All insurance representatives, application for | 
| 137 | license, application for reinstatement of suspended license, | 
| 138 | each filing, filing fee....$50.00 | 
| 139 | Section 2.  Subsection (1) of section 626.015, Florida | 
| 140 | Statutes, is amended to read: | 
| 141 | 626.015  Definitions.--As used in this part: | 
| 142 | (1)  "Adjuster" means a public adjuster as defined in s. | 
| 143 | 626.854, public adjuster apprentice as defined in s. 626.8541, | 
| 144 | independent adjuster as defined in s. 626.855, or company | 
| 145 | employee adjuster as defined in s. 626.856. | 
| 146 | Section 3.  Paragraphs (c), (e), and (f) of subsection (2) | 
| 147 | of section 626.221, Florida Statutes, are amended to read: | 
| 148 | 626.221  Examination requirement; exemptions.-- | 
| 149 | (2)  However, no such examination shall be necessary in any | 
| 150 | of the following cases: | 
| 151 | (c)  In the discretion of the department, an applicant for | 
| 152 | reinstatement of license or appointment as an agent, customer | 
| 153 | representative, company employee adjuster, or independent | 
| 154 | adjuster whose license has been suspended within 4 years prior | 
| 155 | to the date of application or written request for reinstatement. | 
| 156 | (e)  A person who has been licensed and appointed as an a  | 
| 157 | public adjuster,independent adjuster,or company employee | 
| 158 | adjuster as to all property, casualty, and surety insurances, | 
| 159 | may be licensed and appointed as a company employee or ,  | 
| 160 | independent , or publicadjuster, as to these kinds of insurance, | 
| 161 | without additional written examination if an application for | 
| 162 | licensure is filed with the department within 48 months | 
| 163 | following the date of cancellation or expiration of the prior | 
| 164 | appointment. | 
| 165 | (f)  A person who has been licensed as a company employee | 
| 166 | or independent anadjuster for motor vehicle, property and | 
| 167 | casualty, workers' compensation, and health insurance may be | 
| 168 | licensed as such an adjuster without additional written | 
| 169 | examination if his or her application for licensure is filed | 
| 170 | with the department within 48 months after cancellation or | 
| 171 | expiration of the prior license. | 
| 172 | Section 4.  Subsection (6) of section 626.241, Florida | 
| 173 | Statutes, is amended to read: | 
| 174 | 626.241  Scope of examination.-- | 
| 175 | (6)  In order to reflect the differences between adjusting | 
| 176 | claims for an insurer and adjusting claims for an insured, the | 
| 177 | department shall create an examination for applicants seeking | 
| 178 | licensure as a public adjuster and a separate examination for | 
| 179 | applicants seeking licensure as a company employee adjuster or | 
| 180 | independent adjuster. Examinations given applicants for license | 
| 181 | as an all-lines adjuster shall cover adjusting in all lines of | 
| 182 | insurance, other than life and annuity; or, in accordance with | 
| 183 | the application for the license, the examination may be limited | 
| 184 | to adjusting in: | 
| 185 | (a)  Automobile physical damage insurance; | 
| 186 | (b)  Property and casualty insurance; | 
| 187 | (c)  Workers' compensation insurance; or | 
| 188 | (d)  Health insurance. | 
| 189 | Section 5.  Subsection (1) of section 626.641, Florida | 
| 190 | Statutes, is amended to read: | 
| 191 | 626.641  Duration of suspension or revocation.-- | 
| 192 | (1)  The department shall, in its order suspending a | 
| 193 | license or appointment or in its order suspending the | 
| 194 | eligibility of a person to hold or apply for such license or | 
| 195 | appointment, specify the period during which the suspension is | 
| 196 | to be in effect; but such period shall not exceed 2 years. The | 
| 197 | license, appointment, or eligibility shall remain suspended | 
| 198 | during the period so specified, subject, however, to any | 
| 199 | rescission or modification of the order by the department, or | 
| 200 | modification or reversal thereof by the court, prior to | 
| 201 | expiration of the suspension period. A license, appointment, or | 
| 202 | eligibility that whichhas been suspended shall not be | 
| 203 | reinstated except upon the filing and approval of an application | 
| 204 | for request for suchreinstatement and, in the case of a second | 
| 205 | suspension, completion of continuing education courses | 
| 206 | prescribed and approved by the department; but the department | 
| 207 | shall not approve an application for grant suchreinstatement if | 
| 208 | it finds that the circumstance or circumstances for which the | 
| 209 | license, appointment, or eligibility was suspended still exist | 
| 210 | or are likely to recur. In addition, an application a request  | 
| 211 | for reinstatement is subject to denial and subject to a waiting | 
| 212 | period prior to approval on the same grounds that apply to | 
| 213 | applications for licensure pursuant to ss. 626.207, 626.611, and  | 
| 214 | 626.621, and 626.8698. | 
| 215 | Section 6.  Subsections (5), (6), (7), (8), (9), (10), | 
| 216 | (11), (12), and (13) are added to section 626.854, Florida | 
| 217 | Statutes, to read: | 
| 218 | 626.854  "Public adjuster" defined; prohibitions.--The | 
| 219 | Legislature finds that it is necessary for the protection of the | 
| 220 | public to regulate public insurance adjusters and to prevent the | 
| 221 | unauthorized practice of law. | 
| 222 | (5)  A public adjuster may not directly or indirectly | 
| 223 | through any other person or entity solicit an insured or | 
| 224 | claimant by any means between the hours of 9 p.m. and 8 a.m. | 
| 225 | (6)  A public adjuster may not directly or indirectly | 
| 226 | through any other person or entity engage in face-to-face or | 
| 227 | telephonic solicitation or enter into a contract with any | 
| 228 | insured or claimant under an insurance policy until at least 72 | 
| 229 | hours after the occurrence of an event that may be the subject | 
| 230 | of a claim under the insurance policy unless contact is | 
| 231 | initiated by the insured or claimant. | 
| 232 | (7)  A client may cancel a public adjuster's contract to | 
| 233 | adjust a claim without penalty or obligation within 3 business | 
| 234 | days after the date on which the contract is executed or within | 
| 235 | 3 business days after the date on which the client has notified | 
| 236 | the insurer of the claim, either by phone or in writing, | 
| 237 | whichever is later. The public adjuster shall disclose to the | 
| 238 | client his or her right to cancel the contract and advise the | 
| 239 | client that notice of cancellation must be submitted in writing | 
| 240 | and sent by certified mail, return receipt requested, or other | 
| 241 | form of mailing that provides proof thereof, to the public | 
| 242 | adjuster at the address specified in the contract. However, when | 
| 243 | the event is a storm declared to be a hurricane by the National | 
| 244 | Hurricane Center, this provision applies for a period of 14 | 
| 245 | days. | 
| 246 | (8)  It is an unfair and deceptive insurance trade practice | 
| 247 | pursuant to s. 626.9541 for a public adjuster or any other | 
| 248 | person to circulate or disseminate any advertisement, | 
| 249 | announcement, or statement containing any assertion, | 
| 250 | representation, or statement with respect to the business of | 
| 251 | insurance which is untrue, deceptive, or misleading. | 
| 252 | (9)  A public adjuster, a public adjuster apprentice, or | 
| 253 | any person or entity acting on behalf of a public adjuster or | 
| 254 | public adjuster apprentice may not give or offer to give a | 
| 255 | monetary loan or advance to a client or prospective client. | 
| 256 | (10)  A public adjuster, public adjuster apprentice, or any | 
| 257 | person or entity acting on behalf of a public adjuster or public | 
| 258 | adjuster apprentice may not give or offer to give, directly or | 
| 259 | indirectly, any article of merchandise having a value in excess | 
| 260 | of $25 to any person for the purpose of advertising or as an | 
| 261 | inducement to entering into a contract with a public adjuster. | 
| 262 | (11)  For any claim under a residential or commercial | 
| 263 | residential property insurance policy, a public adjuster may not | 
| 264 | charge, agree to, or accept any compensation, payment, | 
| 265 | commission, fee, or other thing of value: | 
| 266 | (a)  Based on any claim payments for additional living | 
| 267 | expenses; | 
| 268 | (b)  Based on the amount of a claim payment or payment | 
| 269 | offer by the insurer which occurred before the date on which the | 
| 270 | adjuster and the insured executed a contract with regard to the | 
| 271 | claim; | 
| 272 | (c)  Greater than 15 percent of the amount of an insurance | 
| 273 | claim payment by the insurer for claims that do not arise out of | 
| 274 | a storm declared to be a hurricane by the National Hurricane | 
| 275 | Center; or | 
| 276 | (d)  Greater than 10 percent of the amount of an insurance | 
| 277 | claim payment by the insurer for claims based on and made | 
| 278 | subsequent to a storm declared to be a hurricane by the National | 
| 279 | Hurricane Center; except that, if a public adjuster and an | 
| 280 | insured execute a contract providing for the adjuster to reopen | 
| 281 | or file a supplemental claim that seeks additional payments on | 
| 282 | behalf of an insured or claimant for a claim that has been | 
| 283 | previously paid or settled, the amount may be up to 15 percent | 
| 284 | of the amount of the claim payments made by the insurer after | 
| 285 | the date of the execution of the contract to reopen or file a | 
| 286 | supplemental claim. | 
| 287 | (12)  If a public adjuster enters into a contract with an | 
| 288 | insured or claimant to reopen a claim or to file a supplemental | 
| 289 | claim that seeks additional payments for a claim that has been | 
| 290 | previously paid or settled, the public adjuster may not base any | 
| 291 | charge, compensation, payment, commission, or fee on the | 
| 292 | previous settlement or previous claim payments. | 
| 293 | (13)  A public adjuster may not charge, agree to, or accept | 
| 294 | any compensation, payment, commission, fee, or other thing of | 
| 295 | value based on any full or partial insurance settlement or | 
| 296 | insurance claim payment by the insurer, or any portion of any | 
| 297 | payment by the insurer: | 
| 298 | (a)  Equal to more than 15 percent of the amount of any | 
| 299 | full or partial insurance settlement or claim payment by the | 
| 300 | insurer. However, this paragraph does not apply to claims that | 
| 301 | arise out of a storm declared to be a hurricane by the National | 
| 302 | Hurricane Center. | 
| 303 | (b)  With regard to claims arising out of a storm declared | 
| 304 | to be a hurricane by the National Hurricane Center: | 
| 305 | 1.  Equal to more than 10 percent of the amount of any full | 
| 306 | or partial insurance settlement or insurance claim payment by | 
| 307 | the insurer on the initial claim; or | 
| 308 | 2.  Equal to more than 15 percent of the amount of any full | 
| 309 | or partial insurance settlement or insurance claim payment by | 
| 310 | the insurer if a public adjuster reopens the initial claim or | 
| 311 | files a supplemental claim that seeks additional payments on | 
| 312 | behalf of an insured or claimant for a claim that has been | 
| 313 | previously paid or settled. | 
| 314 | Section 7.  Section 626.8541, Florida Statutes, is created | 
| 315 | to read: | 
| 316 | 626.8541  "Public adjuster apprentice" defined.--The term | 
| 317 | "public adjuster apprentice" means any person who is employed by | 
| 318 | a licensed and appointed public adjuster in good standing with | 
| 319 | the department or a public adjusting firm that employs at least | 
| 320 | one licensed and appointed public adjuster in good standing with | 
| 321 | the department to assist a public adjuster in conducting | 
| 322 | business under the license and who satisfies the requirements of | 
| 323 | s. 626.8651. | 
| 324 | Section 8.  Subsection (1) of section 626.865, Florida | 
| 325 | Statutes, is amended, and subsection (3) is added to that | 
| 326 | section, to read: | 
| 327 | 626.865  Public adjuster's qualifications, bond.-- | 
| 328 | (1)  The department shall issue a license to an applicant | 
| 329 | for a public adjuster's license upon determining that the | 
| 330 | applicant has paid the applicable fees specified in s. 624.501 | 
| 331 | and possesses the following qualifications: | 
| 332 | (a)  Is a natural person at least 18 years of age. | 
| 333 | (b)  Is a United States citizen or legal alien who | 
| 334 | possesses work authorization from the United States Bureau of | 
| 335 | Citizenship and Immigration Services and a bona fide resident of | 
| 336 | this state. | 
| 337 | (c)  Is trustworthy and has such business reputation as | 
| 338 | would reasonably assure that the applicant will conduct his or | 
| 339 | her business as insurance adjuster fairly and in good faith and | 
| 340 | without detriment to the public. | 
| 341 | (d)1.  In the past 4 years has had 2 years of sufficient  | 
| 342 | experience involving the adjusting of damages or losses under | 
| 343 | insurance contracts, other than life and annuity contracts, as a | 
| 344 | licensed and appointed general lines insurance agent or as a | 
| 345 | licensed and appointed all-lines or property and casualty | 
| 346 | company employee adjuster or independent adjuster; , training, or  | 
| 347 | instruction concerning the adjusting of damages or losses under  | 
| 348 | insurance contracts, other than life and annuity contracts, | 
| 349 | 2.  Has successfully completed 12 semester hours or 18 | 
| 350 | quarter hours in courses on insurance, other than life and | 
| 351 | annuity contracts, at an accredited institution of higher | 
| 352 | learning; or | 
| 353 | 3.  Has completed 12 months of employment as a public | 
| 354 | adjuster apprentice in accordance with s. 626.8651. | 
| 355 | (e)  Is sufficiently informed as to the terms and effects | 
| 356 | of the provisions of those types of insurance contracts, and | 
| 357 | possesses adequate knowledge of the laws of this state relating | 
| 358 | to such contracts as to enable and qualify him or her to engage | 
| 359 | in the business of insurance adjuster fairly and without injury | 
| 360 | to the public or any member thereof with whom the applicant may | 
| 361 | have business as a public adjuster. | 
| 362 | (f) (e)Has passed theanyrequired written examination. | 
| 363 | (3)  The department may not issue a license as a public | 
| 364 | adjuster to any person who has not passed the examination for a | 
| 365 | public adjuster's license. Any person who is applying for | 
| 366 | reinstatement of a license after completion of a period of | 
| 367 | suspension and any person who is applying for a new license | 
| 368 | after termination, cancellation, revocation, or expiration of a | 
| 369 | prior license as a public adjuster must pass the examination | 
| 370 | required for licensure as a public adjuster after approval of | 
| 371 | the application for reinstatement or for a new license | 
| 372 | regardless of whether the applicant passed an examination prior | 
| 373 | to issuance of the license that was suspended, terminated, | 
| 374 | cancelled, revoked, or expired. | 
| 375 | Section 9.  Section 626.8651, Florida Statutes, is created | 
| 376 | to read: | 
| 377 | 626.8651  Public adjuster apprentice license; | 
| 378 | qualifications.-- | 
| 379 | (1)  If, upon the basis of a completed application for | 
| 380 | license as a public adjuster apprentice and such further inquiry | 
| 381 | or investigation as the department may make concerning an | 
| 382 | applicant, the department is satisfied that the applicant is | 
| 383 | qualified and that all pertinent fees have been paid, it shall | 
| 384 | approve the application. | 
| 385 | (2)  If, upon the basis of the completed application and | 
| 386 | such further inquiry or investigation, the department finds the | 
| 387 | applicant to be lacking in any one or more of the required | 
| 388 | qualifications for licensure as a public adjuster apprentice, | 
| 389 | the department shall deny the application and notify the | 
| 390 | applicant, stating the grounds for denial. | 
| 391 | (3)  The department shall issue a license as a public | 
| 392 | adjuster apprentice if the applicant meets the following | 
| 393 | qualifications: | 
| 394 | (a)  The applicant is a natural person at least 18 years of | 
| 395 | age. | 
| 396 | (b)  The applicant is a United States citizen or legal | 
| 397 | alien who possesses work authorization from the United States | 
| 398 | Bureau of Citizenship and Immigration Services and is a resident | 
| 399 | of this state. | 
| 400 | (c)  The applicant is trustworthy and has such business | 
| 401 | reputation as would reasonably ensure that the applicant will | 
| 402 | conduct business as a public adjuster apprentice fairly and in | 
| 403 | good faith and without detriment to the public. | 
| 404 | (d)  The applicant has had sufficient experience, training, | 
| 405 | or instruction concerning the adjusting of damages or losses | 
| 406 | under insurance contracts, other than life and annuity | 
| 407 | contracts, is sufficiently informed as to the terms and effects | 
| 408 | of the provisions of those types of insurance contracts, and | 
| 409 | possesses adequate knowledge of the laws of this state relating | 
| 410 | to such contracts as to enable and qualify him or her to engage | 
| 411 | in business as a public adjuster apprentice fairly and without | 
| 412 | injury to the public. The department may adopt rules that | 
| 413 | establish standards for the experience, training, or instruction | 
| 414 | requirements. | 
| 415 | (4)(a)  The application must be accompanied by an affidavit | 
| 416 | verifying proposed employment and the applicant's | 
| 417 | trustworthiness and qualifications on a form prescribed by the | 
| 418 | department and executed by the proposed employer. The proposed | 
| 419 | employer must be a licensed and appointed public adjuster in | 
| 420 | good standing with the department or a public adjuster firm that | 
| 421 | employs at least one licensed and appointed public adjuster in | 
| 422 | good standing with the department. | 
| 423 | (b)  All applicable license fees, as prescribed in s. | 
| 424 | 624.501, must be paid in full before issuance of the license. | 
| 425 | (5)  At the time of application for license as a public | 
| 426 | adjuster apprentice, the applicant shall file with the | 
| 427 | department a bond executed and issued by a surety insurer | 
| 428 | authorized to transact such business in this state, in the | 
| 429 | amount of $50,000, conditioned for the faithful performance of | 
| 430 | his or her duties as a public adjuster apprentice under the | 
| 431 | license for which the applicant has applied, and thereafter | 
| 432 | maintain the bond unimpaired throughout the existence of the | 
| 433 | license and for at least 1 year after termination of the | 
| 434 | license. The bond shall be in favor of the department and shall | 
| 435 | specifically authorize recovery by the department of the damages | 
| 436 | sustained in case the licensee is guilty of fraud or unfair | 
| 437 | practices in connection with his or her business as public | 
| 438 | adjuster apprentice. The aggregate liability of the surety for | 
| 439 | all such damages may not exceed the amount of the bond, and the | 
| 440 | bond may not be terminated by the issuing insurer unless written | 
| 441 | notice of at least 30 days is given to the licensee and filed | 
| 442 | with the department. | 
| 443 | (6)  A public adjuster apprentice must complete at least 12 | 
| 444 | months of employment under the supervision of a licensed and | 
| 445 | appointed all-lines public adjuster in order to qualify for | 
| 446 | licensure as a public adjuster. The department may adopt rules | 
| 447 | that establish standards for the employment requirements. | 
| 448 | (7)  The supervising public adjuster is responsible and | 
| 449 | accountable for the acts of a public adjuster apprentice which | 
| 450 | are related to transacting business as a public adjuster | 
| 451 | apprentice. | 
| 452 | (8)  The apprentice license is effective for 18 months | 
| 453 | unless surrendered by the licensee; terminated, suspended, or | 
| 454 | revoked by the department; or cancelled by the department upon | 
| 455 | issuance of a public adjuster license. | 
| 456 | (9)  After completing at least 12 months of employment as a | 
| 457 | public adjuster apprentice, the licensee may file an application | 
| 458 | for a public adjuster license. The applicant and supervising | 
| 459 | public adjuster or public adjusting firm must each file a sworn | 
| 460 | affidavit, on a form prescribed by the department, verifying | 
| 461 | that the employment of the public adjuster apprentice meets the | 
| 462 | requirements of this section. | 
| 463 | (10)  A public adjuster apprentice licensed under this | 
| 464 | section may not perform any of the functions for which a public | 
| 465 | adjuster's license is required after expiration of the public | 
| 466 | adjuster apprentice license without having obtained a public | 
| 467 | adjuster license. | 
| 468 | (11)  A public adjuster apprentice has the same authority | 
| 469 | as the licensed public adjuster or public adjusting firm that | 
| 470 | employs the apprentice except that an apprentice may not execute | 
| 471 | contracts for the services of a public adjuster or public | 
| 472 | adjusting firm and may not solicit contracts for the services | 
| 473 | except under the direct supervision and guidance of the | 
| 474 | supervisory public adjuster. | 
| 475 | Section 10.  Section 626.869, Florida Statutes, is amended | 
| 476 | to read: | 
| 477 | 626.869  License, adjusters; continuing education.-- | 
| 478 | (1)  An applicant for a license as an adjuster may qualify | 
| 479 | and his or her license when issued may cover adjusting in any | 
| 480 | one of the following classes of insurance: | 
| 481 | (a)  All lines of insurance except life and annuities. | 
| 482 | (b)  Motor vehicle physical damage insurance. | 
| 483 | (c)  Property and casualty insurance. | 
| 484 | (d)  Workers' compensation insurance. | 
| 485 | (e)  Health insurance. | 
| 486 | (2)  All individuals who on October 1, 1990, hold an | 
| 487 | adjuster's license and appointment limited to fire and allied | 
| 488 | lines, including marine or casualty or boiler and machinery, may | 
| 489 | remain licensed and appointed under the limited license and may | 
| 490 | renew their appointment, but no license or appointment which has | 
| 491 | been terminated, not renewed, suspended, or revoked shall be | 
| 492 | reinstated, and no new or additional licenses or appointments | 
| 493 | shall be issued. | 
| 494 | (3)  The applicant's application for license shall specify | 
| 495 | which of the foregoing classes of business the application for | 
| 496 | license is to cover. | 
| 497 | (4)(a)  Any individual holding a license as a company | 
| 498 | employee adjuster or independent adjuster for 24 consecutive | 
| 499 | months or longer must, beginning in his or her birth month and | 
| 500 | every 2 years thereafter, have completed 24 hours of courses, 2 | 
| 501 | hours of which relate to ethics, in subjects designed to inform | 
| 502 | the licensee regarding the current insurance laws of this state, | 
| 503 | so as to enable him or her to engage in business as an insurance | 
| 504 | adjuster fairly and without injury to the public and to adjust | 
| 505 | all claims in accordance with the policy or contract and the | 
| 506 | laws of this state. | 
| 507 | (b)  Any individual holding a license as a public adjuster | 
| 508 | for 24 consecutive months or longer, beginning in their birth | 
| 509 | month and every 2 years thereafter, must have completed 24 hours | 
| 510 | of courses, 2 hours of which relate to ethics, in subjects | 
| 511 | designed to inform the licensee regarding the current laws of | 
| 512 | this state pertaining to all lines of insurance other than life | 
| 513 | and annuities, the current laws of this state pertaining to the | 
| 514 | duties and responsibilities of public adjusters as set forth in | 
| 515 | this part, and the current rules of the department which are | 
| 516 | applicable to public adjusters and standard or representative | 
| 517 | policy forms used by insurers, other than forms for life | 
| 518 | insurance and annuities, so as to enable him or her to engage in | 
| 519 | business as an adjuster fairly and without injury to the public | 
| 520 | and to adjust all claims in accordance with the policy or | 
| 521 | contract and laws of this state. In order to receive credit for | 
| 522 | continuing education courses, public adjusters must take courses | 
| 523 | that are specifically designed for public adjusters and approved | 
| 524 | by the department. | 
| 525 | (c)  The department shall adopt rules necessary to | 
| 526 | implement and administer the continuing education requirements | 
| 527 | of this subsection. For good cause shown, the department may | 
| 528 | grant an extension of time during which the requirements imposed | 
| 529 | by this section may be completed, but such extension of time may | 
| 530 | not exceed 1 year. | 
| 531 | (d)  A nonresident adjuster who must complete continuing | 
| 532 | education requirements in his or her home state may use the home | 
| 533 | state requirements to meet this state's continuing education | 
| 534 | requirements as well if the resident's state recognizes | 
| 535 | reciprocity with this state's continuing education requirements. | 
| 536 | A nonresident whose home state does not have a continuing | 
| 537 | education requirement but who is licensed for the same type and | 
| 538 | class of adjuster license in another state that does have a | 
| 539 | continuing education requirement may comply with this section by | 
| 540 | furnishing proof of compliance with the other state's | 
| 541 | requirement if that state has a reciprocal agreement with this | 
| 542 | state relative to continuing education. A nonresident whose home | 
| 543 | state does not have such continuing education requirements for | 
| 544 | adjusters and who is not licensed as a nonresident adjuster in a | 
| 545 | state that has continuing education requirements and a | 
| 546 | reciprocal agreement with this state must meet the continuing | 
| 547 | education requirements of this state. | 
| 548 | (5)  The regulation of continuing education for licensees, | 
| 549 | course providers, instructors, school officials, and monitor | 
| 550 | groups shall be as provided for in s. 626.2816. | 
| 551 | Section 11.  Section 626.8698, Florida Statutes, is amended | 
| 552 | to read: | 
| 553 | 626.8698  Disciplinary guidelines for public adjusters and | 
| 554 | public adjuster apprentices.--The department may deny, suspend, | 
| 555 | or revoke the license of a public adjuster or public adjuster | 
| 556 | apprentice, and administer a fine not to exceed $5,000 per act, | 
| 557 | for any of the following: | 
| 558 | (1)  Violating any provision of this chapter or a rule or | 
| 559 | order of the department; | 
| 560 | (2)  Receiving payment or anything of value as a result of | 
| 561 | an unfair or deceptive practice; | 
| 562 | (3)  Receiving or accepting any fee, kickback, or other | 
| 563 | thing of value pursuant to any agreement or understanding, oral | 
| 564 | or otherwise; entering into a split-fee arrangement with another | 
| 565 | person who is not a public adjuster; or being otherwise paid or | 
| 566 | accepting payment for services that have not been performed; | 
| 567 | (4)  Violating s. 316.066 or s. 817.234; | 
| 568 | (5)  Soliciting or otherwise taking advantage of a person | 
| 569 | who is vulnerable, emotional, or otherwise upset as the result | 
| 570 | of a trauma, accident, or other similar occurrence; or | 
| 571 | (6)  Violating any ethical rule of the department. | 
| 572 | Section 12.  Subsection (4) is added to section 626.870, | 
| 573 | Florida Statutes, to read: | 
| 574 | 626.870  Application for license.-- | 
| 575 | (4)  A license, appointment, or eligibility that has been | 
| 576 | suspended may not be reinstated except upon the filing and | 
| 577 | approval of an application for reinstatement in accordance with | 
| 578 | s. 626.641 and passing of the public adjuster licensing | 
| 579 | examination. An application for reinstatement must be | 
| 580 | accompanied by an application for examination in accordance with | 
| 581 | s. 626.231 and the applicable examination fee. Successful | 
| 582 | completion of the examination does not entitle the applicant to | 
| 583 | have a license reinstated. The application is subject to denial | 
| 584 | pursuant to ss. 626.207, 626.611, 626.621, and 626.8698. If the | 
| 585 | department approves an application for reinstatement, the | 
| 586 | applicant shall be notified that the license will be reinstated | 
| 587 | upon payment by the applicant of the reinstatement fee contained | 
| 588 | in s. 624.501(15). | 
| 589 | Section 13.  Paragraphs (b) and (e) of subsection (1) and | 
| 590 | paragraphs (b) and (c) of subsection (2) of section 626.8732, | 
| 591 | Florida Statutes, are amended, and subsection (6) is added to | 
| 592 | that section, to read: | 
| 593 | 626.8732  Nonresident public adjuster's qualifications, | 
| 594 | bond.-- | 
| 595 | (1)  The department shall, upon application therefor, issue | 
| 596 | a license to an applicant for a nonresident public adjuster's | 
| 597 | license upon determining that the applicant has paid the | 
| 598 | applicable license fees required under s. 624.501 and: | 
| 599 | (b)  Has passed to the satisfaction of the department a | 
| 600 | written Florida public adjuster's examination of the scope | 
| 601 | prescribed in s. 626.241(6) ; however, the requirement for such  | 
| 602 | an examination does not apply to any of the following: | 
| 603 | 1.  An applicant who is licensed as a resident public  | 
| 604 | adjuster in his or her state of residence, when that state  | 
| 605 | requires the passing of a written examination in order to obtain  | 
| 606 | the license and a reciprocal agreement with the appropriate  | 
| 607 | official of that state has been entered into by the department;  | 
| 608 | or | 
| 609 | 2.  An applicant who is licensed as a nonresident public  | 
| 610 | adjuster in a state other than his or her state of residence  | 
| 611 | when the state of licensure requires the passing of a written  | 
| 612 | examination in order to obtain the license and a reciprocal  | 
| 613 | agreement with the appropriate official of the state of  | 
| 614 | licensure has been entered into by the department. | 
| 615 | (e)  Has been licensed and employed as a public adjuster in | 
| 616 | the applicant's state of residence on a continual basis for the | 
| 617 | past 3 years, or, if the applicant's state of residence does not | 
| 618 | issue licenses to persons who act as public adjusters, the | 
| 619 | applicant has been licensed and employed as a resident insurance | 
| 620 | company or independent adjuster, insurance agent, insurance | 
| 621 | broker, or other insurance representative in his or her state of | 
| 622 | residence or any other state on a continual basis for the past 3 | 
| 623 | years. This paragraph does not apply to persons who are licensed | 
| 624 | to transact only life insurance and annuity business had  | 
| 625 | sufficient experience, training, or instruction concerning the  | 
| 626 | adjusting of damages or losses under insurance contracts, other  | 
| 627 | than life and annuity contracts; is sufficiently informed as to  | 
| 628 | the terms and effects of the provisions of those types of  | 
| 629 | insurance contracts; and possesses adequate knowledge of the  | 
| 630 | laws of this state relating to such contracts as to enable and  | 
| 631 | qualify him or her to engage in the business of insurance  | 
| 632 | adjuster fairly and without injury to the public or any member  | 
| 633 | thereof with whom he or she may have business as a public  | 
| 634 | adjuster. | 
| 635 | (2)  The applicant shall furnish the following with his or | 
| 636 | her application: | 
| 637 | (b)  If currently licensed as a resident public adjuster in | 
| 638 | the applicant's state of residence, a certificate or letter of | 
| 639 | authorization from the licensing authority of the applicant's | 
| 640 | state of residence, stating that the applicant holds a current | 
| 641 | or comparable license to act as a public adjuster and has held | 
| 642 | the license continuously for the past 3 years. The certificate | 
| 643 | or letter of authorization must be signed by the insurance | 
| 644 | commissioner or his or her deputy or the appropriate licensing | 
| 645 | official and must disclose whether the adjuster has ever had any | 
| 646 | license or eligibility to hold any license declined, denied, | 
| 647 | suspended, revoked, or placed on probation or whether an | 
| 648 | administrative fine or penalty has been levied against the | 
| 649 | adjuster and, if so, the reason for the action. | 
| 650 | (c)  If the applicant's state of residence does not require | 
| 651 | licensure as a public adjuster and the applicant has been | 
| 652 | licensed as a resident insurance adjuster, agent, broker, or | 
| 653 | other insurance representative in his or her state of residence | 
| 654 | or any other state within the past 3 years, a certificate or | 
| 655 | letter of authorization from the licensing authority stating | 
| 656 | that the applicant holds or has helda license to act as such an | 
| 657 | insurance adjuster, agent, or other insurance representative and | 
| 658 | has held the license continuously for the past 3 years. The | 
| 659 | certificate or letter of authorization must be signed by the | 
| 660 | insurance commissioner or his or her deputy or the appropriate | 
| 661 | licensing official and must disclose whether or not the | 
| 662 | adjuster, agent, or other insurance representative has ever had | 
| 663 | any license or eligibility to hold any license declined, denied, | 
| 664 | suspended, revoked, or placed on probation or whether an | 
| 665 | administrative fine or penalty has been levied against the | 
| 666 | adjuster and, if so, the reason for the action. | 
| 667 | (6)  If available, the department shall verify the | 
| 668 | nonresident applicant's licensing status through the producer | 
| 669 | database maintained by the National Association of Insurance | 
| 670 | Commissioners or its affiliates or subsidiaries. | 
| 671 | Section 14.  Section 626.8796, Florida Statutes, is created | 
| 672 | to read: | 
| 673 | 626.8796  Public adjuster contracts; fraud statement.--All | 
| 674 | contracts for public adjuster services must be in writing and | 
| 675 | must prominently display the following statement on the first | 
| 676 | page of the contract: "Any person who knowingly and with intent | 
| 677 | to injure, defraud, or deceive any insurer files a statement of | 
| 678 | claim or proof of loss containing any false, incomplete, or | 
| 679 | misleading information commits a felony of the third degree." | 
| 680 | Section 15.  Section 626.8797, Florida Statutes, is created | 
| 681 | to read: | 
| 682 | 626.8797  Public adjusters; proof of loss | 
| 683 | certification.--If an insurance policy requires an insured or | 
| 684 | claimant to file a written proof of loss containing an estimate | 
| 685 | of the costs to repair or replace damaged property, a public | 
| 686 | adjuster under contract to adjust the claim for the insured or | 
| 687 | claimant must affirm, under oath given by a notary public, the | 
| 688 | proof of loss by signing the following statement: "I, ...(name | 
| 689 | of claimant or insured)..., do solemnly, sincerely, and truly | 
| 690 | declare and affirm that I have reviewed the estimate of the cost | 
| 691 | of repair or replacement of damaged property as set forth in | 
| 692 | this proof of loss, in my best judgment the estimated costs are | 
| 693 | reasonable, and, to the best of my knowledge, the proof of loss | 
| 694 | does not contain any false, incomplete, or misleading | 
| 695 | information." If this statement is not printed on the proof-of- | 
| 696 | loss form, the adjuster shall add the statement to the form or | 
| 697 | attach a separate page containing the signed statement to the | 
| 698 | form. Pursuant to s. 817.234, any person who, with the intent to | 
| 699 | injure, defraud, or deceive any insurer, prepares, presents, or | 
| 700 | causes to be presented a proof of loss in support of a claim | 
| 701 | under an insurance policy knowing that the proof of loss | 
| 702 | contains any false, incomplete, or misleading information | 
| 703 | concerning any fact or thing material to the claim, commits a | 
| 704 | felony of the third degree, punishable as provided in s. | 
| 705 | 775.082, s. 775.803, or s. 775.084. | 
| 706 | Section 16.  This act shall take effect October 1, 2008. |