CS/CS/HB 661

1
A bill to be entitled
2An act relating to insurance adjusters; amending s.
3624.501, F.S.; providing for filing fees for an
4application for reinstatement of a suspended license;
5amending s. 626.015, F.S.; redefining the term "adjuster"
6to include a public adjuster apprentice; amending s.
7626.221, F.S.; providing that certain company employee
8adjusters and independent adjusters seeking reinstatement
9of a suspended license are not required to take an
10examination; amending s. 626.241, F.S.; requiring that the
11Department of Financial Services create an examination for
12applicants seeking licensure as a public adjuster and a
13separate examination for applicants seeking licensure as a
14company employee adjuster or independent adjuster;
15providing that an examination on worker's compensation
16insurance or health insurance may not be required for
17public adjusters; amending s. 626.641, F.S.; providing
18that a suspended license may not be reinstated unless the
19individual seeking reinstatement files an application for
20reinstatement which is subsequently approved by the
21department; prohibiting the department from approving such
22an application under certain circumstances; amending s.
23626.854, F.S.; prohibiting a public adjuster from
24soliciting or entering into a contract with any insured or
25claimant under an insurance policy for a specified period
26after the occurrence of an event that may be the subject
27of a claim; providing an exception; providing that a
28public adjuster's contract to adjust a claim may be
29canceled by the client without penalty within a specified
30period after the execution of the contract; requiring that
31a public adjuster disclose to a client his or her right to
32cancel a contract by specified means; providing an
33exception during a state of emergency; specifying an
34unfair and deceptive insurance trade practice; prohibiting
35a public adjuster, apprentice, or his or her agent from
36giving or offering a monetary loan or an article in excess
37of a specified value to a client or prospective client;
38prohibiting a public adjuster from basing any charge, fee,
39payment, commission, or compensation relating to a
40supplemental claim on the corresponding previous
41settlement or claim payment; prohibiting a public adjuster
42from charging, agreeing to, or accepting a fee, payment,
43commission, or any compensation in excess of certain
44amounts; providing application; requiring public adjusters
45to provide claimants or insureds a written estimate of
46certain losses relating to claims for payment of insurance
47proceeds; requiring adjusters to retain estimates for a
48specified time and make estimates available to claimants,
49insureds, and the department; creating s. 626.8541, F.S.;
50defining the term "public adjuster apprentice"; amending
51s. 626.865, F.S.; providing qualifications that an
52applicant must possess before the issuance of a license by
53the department; requiring that certain persons applying
54for a license after the completion of a period of
55suspension, termination, cancellation, revocation, or
56expiration must pass the examination required for
57licensure as a public adjuster; creating s. 626.8651,
58F.S.; providing requirements for licensure as a public
59adjuster apprentice; requiring that the department approve
60an application under certain circumstances; requiring that
61all license fees be paid before the department issues a
62license; requiring the applicant to file a bond in a
63specified amount in favor of the department; providing for
64termination of the bond; requiring that the apprentice's
65work be supervised by a licensed adjuster in good
66standing; authorizing the department to adopt rules
67governing employment requirements; providing that the
68supervising adjuster is responsible for the acts of the
69apprentice; providing a period of effectiveness for an
70apprentice license; providing that an individual licensed
71as an apprentice may file an application for licensure as
72a public adjuster after a specified period of employment
73as an apprentice; requiring that a sworn affidavit
74containing certain information accompany such application;
75prohibiting an apprentice from performing any functions
76for which a license is required after the expiration of
77his or her license for apprenticeship without first
78obtaining a license to work as a public adjuster; limiting
79the authority of a public adjuster apprentice; amending s.
80626.869, F.S.; providing that an examination on worker's
81compensation insurance or health insurance may not be
82required for public adjusters; providing for continuing
83education for company employee adjusters, independent
84adjusters, and public adjusters; providing for the
85satisfaction of continuing education requirements for
86nonresident adjusters; amending s. 626.8698, F.S.;
87providing disciplinary guidelines for public adjusters and
88public adjuster apprentices; amending s. 626.870, F.S.;
89providing requirements for the reinstatement of a
90suspended license, an appointment, or eligibility;
91providing for the notification of approval of an
92application for reinstatement; amending s. 626.8732, F.S.;
93revising requirements for licensure as a nonresident
94public adjuster; providing exceptions to such
95requirements; requiring that an applicant for licensure as
96a nonresident public adjuster provide certain information
97with his or her application; requiring that the department
98verify the nonresident applicant's licensing status;
99creating s. 626.8796, F.S.; requiring that all contracts
100for services by a public adjuster be in writing and
101contain a specified statement regarding fraud; creating s.
102626.8797, F.S.; requiring that proof of loss statements
103contain a specified statement regarding fraud; providing
104effective dates.
105
106Be It Enacted by the Legislature of the State of Florida:
107
108     Section 1.  Effective January 1, 2009, subsection (5) of
109section 624.501, Florida Statutes, is amended to read:
110     624.501  Filing, license, appointment, and miscellaneous
111fees.--The department, commission, or office, as appropriate,
112shall collect in advance, and persons so served shall pay to it
113in advance, fees, licenses, and miscellaneous charges as
114follows:
115     (5)  All insurance representatives, application for
116license, application for reinstatement of suspended license,
117each filing, filing fee....$50.00
118     Section 2.  Effective January 1, 2009, subsection (1) of
119section 626.015, Florida Statutes, is amended to read:
120     626.015  Definitions.--As used in this part:
121     (1)  "Adjuster" means a public adjuster as defined in s.
122626.854, public adjuster apprentice as defined in s. 626.8541,
123independent adjuster as defined in s. 626.855, or company
124employee adjuster as defined in s. 626.856.
125     Section 3.  Effective January 1, 2009, paragraphs (c), (e),
126and (f) of subsection (2) of section 626.221, Florida Statutes,
127are amended to read:
128     626.221  Examination requirement; exemptions.--
129     (2)  However, no such examination shall be necessary in any
130of the following cases:
131     (c)  In the discretion of the department, an applicant for
132reinstatement of license or appointment as an agent, customer
133representative, company employee adjuster, or independent
134adjuster whose license has been suspended within 4 years prior
135to the date of application or written request for reinstatement.
136     (e)  A person who has been licensed and appointed as an a
137public adjuster, independent adjuster, or company employee
138adjuster as to all property, casualty, and surety insurances,
139may be licensed and appointed as a company employee adjuster or,
140independent, or public adjuster, as to these kinds of insurance,
141without additional written examination if an application for
142licensure is filed with the department within 48 months
143following the date of cancellation or expiration of the prior
144appointment.
145     (f)  A person who has been licensed as a company employee
146adjuster or independent an adjuster for motor vehicle, property
147and casualty, workers' compensation, and health insurance may be
148licensed as such an adjuster without additional written
149examination if his or her application for licensure is filed
150with the department within 48 months after cancellation or
151expiration of the prior license.
152     Section 4.  Effective January 1, 2009, subsection (6) of
153section 626.241, Florida Statutes, is amended to read:
154     626.241  Scope of examination.--
155     (6)  In order to reflect the differences between adjusting
156claims for an insurer and adjusting claims for an insured, the
157department shall create an examination for applicants seeking
158licensure as a public adjuster and a separate examination for
159applicants seeking licensure as a company employee adjuster or
160independent adjuster. Examinations given applicants for license
161as an all-lines adjuster shall cover adjusting in all lines of
162insurance, other than life and annuity; or, in accordance with
163the application for the license, the examination may be limited
164to adjusting in:
165     (a)  Automobile physical damage insurance;
166     (b)  Property and casualty insurance;
167     (c)  Workers' compensation insurance; or
168     (d)  Health insurance.
169
170No examination on worker's compensation insurance or health
171insurance shall be required for public adjusters.
172     Section 5.  Effective January 1, 2009, subsection (1) of
173section 626.641, Florida Statutes, is amended to read:
174     626.641  Duration of suspension or revocation.--
175     (1)  The department shall, in its order suspending a
176license or appointment or in its order suspending the
177eligibility of a person to hold or apply for such license or
178appointment, specify the period during which the suspension is
179to be in effect; but such period shall not exceed 2 years. The
180license, appointment, or eligibility shall remain suspended
181during the period so specified, subject, however, to any
182rescission or modification of the order by the department, or
183modification or reversal thereof by the court, prior to
184expiration of the suspension period. A license, appointment, or
185eligibility that which has been suspended shall not be
186reinstated except upon the filing and approval of an application
187for request for such reinstatement and, in the case of a second
188suspension, completion of continuing education courses
189prescribed and approved by the department; but the department
190shall not approve an application for grant such reinstatement if
191it finds that the circumstance or circumstances for which the
192license, appointment, or eligibility was suspended still exist
193or are likely to recur. In addition, an application a request
194for reinstatement is subject to denial and subject to a waiting
195period prior to approval on the same grounds that apply to
196applications for licensure pursuant to ss. 626.207, 626.611, and
197626.621, and 626.8698.
198     Section 6.  Subsections (5) through (12) are added to
199section 626.854, Florida Statutes, to read:
200     626.854  "Public adjuster" defined; prohibitions.--The
201Legislature finds that it is necessary for the protection of the
202public to regulate public insurance adjusters and to prevent the
203unauthorized practice of law.
204     (5)  A public adjuster may not directly or indirectly
205through any other person or entity solicit an insured or
206claimant by any means except on Monday through Saturday of each
207week and only between the hours of 8 a.m. and 8 p.m. on those
208days.
209     (6)  A public adjuster may not directly or indirectly
210through any other person or entity initiate contact or engage in
211face-to-face or telephonic solicitation or enter into a contract
212with any insured or claimant under an insurance policy until at
213least 48 hours after the occurrence of an event that may be the
214subject of a claim under the insurance policy unless contact is
215initiated by the insured or claimant.
216     (7)  An insured or claimant may cancel a public adjuster's
217contract to adjust a claim without penalty or obligation within
2183 business days after the date on which the contract is executed
219or within 3 business days after the date on which the insured or
220claimant has notified the insurer of the claim, by phone or in
221writing, whichever is later. The public adjuster's contract
222shall disclose to the insured or claimant his or her right to
223cancel the contract and advise the insured or claimant that
224notice of cancellation must be submitted in writing and sent by
225certified mail, return receipt requested, or other form of
226mailing which provides proof thereof, to the public adjuster at
227the address specified in the contract; provided, during any
228state of emergency as declared by the Governor and for a period
229of 1 year after the date of loss, the insured or claimant shall
230have 5 business days after the date on which the contract is
231executed to cancel a public adjuster's contract.
232     (8)  It is an unfair and deceptive insurance trade practice
233pursuant to s. 626.9541 for a public adjuster or any other
234person to circulate or disseminate any advertisement,
235announcement, or statement containing any assertion,
236representation, or statement with respect to the business of
237insurance which is untrue, deceptive, or misleading.
238     (9)  A public adjuster, a public adjuster apprentice, or
239any person or entity acting on behalf of a public adjuster or
240public adjuster apprentice may not give or offer to give a
241monetary loan or advance to a client or prospective client.
242     (10)  A public adjuster, public adjuster apprentice, or any
243individual or entity acting on behalf of a public adjuster or
244public adjuster apprentice may not give or offer to give,
245directly or indirectly, any article of merchandise having a
246value in excess of $25 to any individual for the purpose of
247advertising or as an inducement to entering into a contract with
248a public adjuster.
249     (11)(a)  If a public adjuster enters into a contract with
250an insured or claimant to reopen a claim or to file a
251supplemental claim that seeks additional payments for a claim
252that has been previously paid in part or in full or settled by
253the insurer, the public adjuster may not charge, agree to, or
254accept any compensation, payment, commission, fee, or other
255thing of value based on a previous settlement or previous claim
256payments by the insurer for the same cause of loss. The charge,
257compensation, payment, commission, fee, or other thing of value
258may be based only on the claim payments or settlement obtained
259through the work of the public adjuster after entering into the
260contract with the insured or claimant. The contracts described
261in this paragraph are not subject to the limitations in
262paragraph (b).
263     (b)  A public adjuster may not charge, agree to, or accept
264any compensation, payment, commission, fee, or other thing of
265value in excess of:
266     1.  Ten percent of the amount of insurance claim payments
267by the insurer for claims based on events that are the subject
268of a declaration of a state of emergency by the Governor. This
269provision applies to claims made during the period of 1 year
270after the declaration of emergency.
271     2.  Twenty percent of the amount of all other insurance
272claim payments.
273     (12)  Each public adjuster shall provide to the claimant or
274insured a written estimate of the loss to assist in the
275submission of a proof of loss or any other claim for payment of
276insurance proceeds. The public adjuster shall retain such
277written estimate for at least 5 years and shall make such
278estimate available to the claimant or insured and the department
279upon request.
280
281The provisions of subsections (5)-(11) apply only to residential
282property insurance policies and condominium association policies
283as defined in s. 718.111(11).
284     Section 7.  Effective January 1, 2009, section 626.8541,
285Florida Statutes, is created to read:
286     626.8541  Public adjuster apprentice.--
287     (1)  A "public adjuster apprentice" is any person who is
288not a licensed public adjuster, who is employed by or has a
289contract with a licensed and appointed public adjuster in good
290standing with the department or a public adjusting firm that
291employs at least one licensed and appointed public adjuster in
292good standing with the department to assist a public adjuster in
293conducting business under the license, and who satisfies the
294requirements of s. 626.8651.
295     (2)  A public adjuster apprentice must work with a licensed
296and appointed public adjuster for a period of 12 months as set
297forth in this section, and who otherwise is in full compliance
298with this chapter, prior to being eligible for appointment as a
299licensed public adjuster.
300     Section 8.  Effective January 1, 2009, paragraph (e) of
301subsection (1) of section 626.865, Florida Statutes, is amended,
302and subsection (3) is added to that section, to read:
303     626.865  Public adjuster's qualifications, bond.--
304     (1)  The department shall issue a license to an applicant
305for a public adjuster's license upon determining that the
306applicant has paid the applicable fees specified in s. 624.501
307and possesses the following qualifications:
308     (e)  Has passed the any required written examination.
309     (3)  The department may not issue a license as a public
310adjuster to any individual who has not passed the examination
311for a public adjuster's license. Any individual who is applying
312for reinstatement of a license after completion of a period of
313suspension and any individual who is applying for a new license
314after termination, cancellation, revocation, or expiration of a
315prior license as a public adjuster must pass the examination
316required for licensure as a public adjuster after approval of
317the application for reinstatement or for a new license
318regardless of whether the applicant passed an examination prior
319to issuance of the license that was suspended, terminated,
320canceled, revoked, or expired.
321     Section 9.  Effective January 1, 2009, section 626.8651,
322Florida Statutes, is created to read:
323     626.8651  Public adjuster apprentice license;
324qualifications.--
325     (1)  The department shall issue a license as a public
326adjuster apprentice to an applicant who is:
327     (a)  A natural person at least 18 years of age.
328     (b)  A United States citizen or legal alien who possesses
329work authorization from the United States Bureau of Citizenship
330and Immigration Services and is a resident of this state.
331     (c)  Trustworthy and has such business reputation as would
332reasonably ensure that the applicant will conduct business as a
333public adjuster apprentice fairly and in good faith and without
334detriment to the public.
335     (2)  All applicable license fees, as prescribed in s.
336624.501, must be paid in full before issuance of the license.
337     (3)  At the time of application for license as a public
338adjuster apprentice, the applicant shall file with the
339department a bond executed and issued by a surety insurer
340authorized to transact such business in this state in the amount
341of $50,000, conditioned upon the faithful performance of his or
342her duties as a public adjuster apprentice under the license for
343which the applicant has applied, and thereafter maintain the
344bond unimpaired throughout the existence of the license and for
345at least 1 year after termination of the license. The bond shall
346be in favor of the department and shall specifically authorize
347recovery by the department of the damages sustained in case the
348licensee commits fraud or unfair practices in connection with
349his or her business as a public adjuster apprentice. The
350aggregate liability of the surety for all such damages may not
351exceed the amount of the bond, and the bond may not be
352terminated by the issuing insurer unless written notice of at
353least 30 days is given to the licensee and filed with the
354department.
355     (4)  A public adjuster apprentice shall complete at a
356minimum 100 hours of employment per month for 12 months of
357employment under the supervision of a licensed and appointed
358all-lines public adjuster in order to qualify for licensure as a
359public adjuster. The department may adopt rules that establish
360standards for such employment requirements.
361     (5)  A supervising public adjuster shall be responsible and
362accountable for the acts of a public adjuster apprentice which
363are related to transacting business as a public adjuster
364apprentice.
365     (6)  An apprentice license is effective for 18 months
366unless the license expires due to lack of maintaining an
367appointment; is surrendered by the licensee; is terminated,
368suspended, or revoked by the department; or is canceled by the
369department upon issuance of a public adjuster license. The
370department may not issue a public adjuster apprentice license to
371any individual who has held such a license in this state within
3722 years after expiration, surrender, termination, revocation, or
373cancellation of the license.
374     (7)  After completing the requirements for employment as a
375public adjuster apprentice, the licensee may file an application
376for a public adjuster license. The applicant and supervising
377public adjuster or public adjusting firm must each file a sworn
378affidavit, on a form prescribed by the department, verifying
379that the employment of the public adjuster apprentice meets the
380requirements of this section.
381     (8)  In no event shall a public adjuster apprentice
382licensed under this section perform any of the functions for
383which a public adjuster's license is required after expiration
384of the public adjuster apprentice license without having
385obtained a public adjuster license.
386     (9)  A public adjuster apprentice has the same authority as
387the licensed public adjuster or public adjusting firm that
388employs the apprentice except that an apprentice may not execute
389contracts for the services of a public adjuster or public
390adjusting firm and may not solicit contracts for the services
391except under the direct supervision and guidance of the
392supervisory public adjuster. An individual may not be, act as,
393or hold himself or herself out to be a public adjuster
394apprentice unless the individual is licensed and holds a current
395appointment by a licensed public all-lines adjuster or a public
396adjusting firm that employs a licensed all-lines public
397adjuster.
398     Section 10.  Subsections (1) and (4) of section 626.869,
399Florida Statutes, are amended to read:
400     626.869  License, adjusters; continuing education.--
401     (1)  An applicant for a license as an adjuster may qualify
402and his or her license when issued may cover adjusting in any
403one of the following classes of insurance:
404     (a)  All lines of insurance except life and annuities.
405     (b)  Motor vehicle physical damage insurance.
406     (c)  Property and casualty insurance.
407     (d)  Workers' compensation insurance.
408     (e)  Health insurance.
409
410No examination on worker's compensation insurance or health
411insurance shall be required for public adjusters.
412     (4)(a)  Any individual holding a license as a company
413employee adjuster or independent adjuster for 24 consecutive
414months or longer must, beginning in his or her birth month and
415every 2 years thereafter, have completed 24 hours of courses, 2
416hours of which relate to ethics, in subjects designed to inform
417the licensee regarding the current insurance laws of this state,
418so as to enable him or her to engage in business as an insurance
419adjuster fairly and without injury to the public and to adjust
420all claims in accordance with the policy or contract and the
421laws of this state.
422     (b)  Any individual holding a license as a public adjuster
423for 24 consecutive months or longer, beginning in their birth
424month and every 2 years thereafter, must have completed 24 hours
425of courses, 2 hours of which relate to ethics, in subjects
426designed to inform the licensee regarding the current laws of
427this state pertaining to all lines of insurance other than life
428and annuities, the current laws of this state pertaining to the
429duties and responsibilities of public adjusters as set forth in
430this part, and the current rules of the department applicable to
431public adjusters and standard or representative policy forms
432used by insurers, other than forms for life insurance and
433annuities, so as to enable him or her to engage in business as
434an adjuster fairly and without injury to the public and to
435adjust all claims in accordance with the policy or contract and
436laws of this state. In order to receive credit for continuing
437education courses, public adjusters must take courses that are
438specifically designed for public adjusters and approved by the
439department, provided, however, no continuing education course
440shall be required for public adjusters for worker's compensation
441insurance or health insurance.
442     (c)  The department shall adopt rules necessary to
443implement and administer the continuing education requirements
444of this subsection. For good cause shown, the department may
445grant an extension of time during which the requirements imposed
446by this section may be completed, but such extension of time may
447not exceed 1 year.
448     (d)  A nonresident public adjuster must complete the
449continuing education requirements provided by this section;
450provided, a nonresident public adjuster may meet the
451requirements of this section if the continuing education
452requirements of the nonresident public adjuster's home state are
453determined to be substantially comparable to the requirements of
454this state's continuing education requirements and if the
455resident's state recognizes reciprocity with this state's
456continuing education requirements. A nonresident public adjuster
457whose home state does not have such continuing education
458requirements for adjusters, and who is not licensed as a
459nonresident adjuster in a state that has continuing education
460requirements and reciprocates with this state, must meet the
461continuing education requirements of this section.
462     Section 11.  Section 626.8698, Florida Statutes, is amended
463to read:
464     626.8698  Disciplinary guidelines for public adjusters and
465public adjuster apprentices.--The department may deny, suspend,
466or revoke the license of a public adjuster or public adjuster
467apprentice, and administer a fine not to exceed $5,000 per act,
468for any of the following:
469     (1)  Violating any provision of this chapter or a rule or
470order of the department;
471     (2)  Receiving payment or anything of value as a result of
472an unfair or deceptive practice;
473     (3)  Receiving or accepting any fee, kickback, or other
474thing of value pursuant to any agreement or understanding, oral
475or otherwise; entering into a split-fee arrangement with another
476person who is not a public adjuster; or being otherwise paid or
477accepting payment for services that have not been performed;
478     (4)  Violating s. 316.066 or s. 817.234;
479     (5)  Soliciting or otherwise taking advantage of a person
480who is vulnerable, emotional, or otherwise upset as the result
481of a trauma, accident, or other similar occurrence; or
482     (6)  Violating any ethical rule of the department.
483     Section 12.  Effective January 1, 2009, subsection (4) is
484added to section 626.870, Florida Statutes, to read:
485     626.870  Application for license.--
486     (4)  A license, an appointment, or eligibility that has
487been suspended may not be reinstated except upon the filing and
488approval of an application for reinstatement in accordance with
489s. 626.641. In addition, for reinstatement of a public
490adjuster's license, appointment, or eligibility, the individual
491must pass the public adjuster licensing examination. An
492application for reinstatement must be accompanied by any
493applicable examination fee. Successful completion of the
494examination does not entitle the applicant to have a license
495reinstated. The application is subject to denial pursuant to ss.
496626.207, 626.611, 626.621, and 626.8698. If the department
497approves an application for reinstatement, the applicant shall
498be notified that the license will be reinstated upon payment by
499the applicant of the reinstatement fee contained in s.
500624.501(15).
501     Section 13.  Effective January 1, 2009, paragraphs (b) and
502(e) of subsection (1) and paragraphs (b) and (c) of subsection
503(2) of section 626.8732, Florida Statutes, are amended, and
504subsection (6) is added to that section, to read:
505     626.8732  Nonresident public adjuster's qualifications,
506bond.--
507     (1)  The department shall, upon application therefor, issue
508a license to an applicant for a nonresident public adjuster's
509license upon determining that the applicant has paid the
510applicable license fees required under s. 624.501 and:
511     (b)  Has passed to the satisfaction of the department a
512written Florida public adjuster's examination of the scope
513prescribed in s. 626.241(6); however, the requirement for such
514an examination does not apply to any of the following:
515     1.  An applicant who is licensed as a resident public
516adjuster in his or her state of residence, when that state
517requires the passing of a written examination in order to obtain
518the license and a reciprocal agreement with the appropriate
519official of that state has been entered into by the department;
520or
521     2.  An applicant who is licensed as a nonresident public
522adjuster in a state other than his or her state of residence
523when the state of licensure requires the passing of a written
524examination in order to obtain the license and a reciprocal
525agreement with the appropriate official of the state of
526licensure has been entered into by the department.
527     (e)  Has been licensed and employed as a public adjuster in
528the applicant's state of residence on a continual basis for the
529past 3 years, or, if the applicant's state of residence does not
530issue licenses to individuals who act as public adjusters, the
531applicant has been licensed and employed as a resident insurance
532company or independent adjuster, insurance agent, insurance
533broker, or other insurance representative in his or her state of
534residence or any other state on a continual basis for the past 3
535years. This paragraph does not apply to individuals who are
536licensed to transact only life insurance and annuity business
537had sufficient experience, training, or instruction concerning
538the adjusting of damages or losses under insurance contracts,
539other than life and annuity contracts; is sufficiently informed
540as to the terms and effects of the provisions of those types of
541insurance contracts; and possesses adequate knowledge of the
542laws of this state relating to such contracts as to enable and
543qualify him or her to engage in the business of insurance
544adjuster fairly and without injury to the public or any member
545thereof with whom he or she may have business as a public
546adjuster.
547     (2)  The applicant shall furnish the following with his or
548her application:
549     (b)  If currently licensed as a resident public adjuster in
550the applicant's state of residence, a certificate or letter of
551authorization from the licensing authority of the applicant's
552state of residence, stating that the applicant holds a current
553or comparable license to act as a public adjuster and has held
554the license continuously for the past 3 years. The certificate
555or letter of authorization must be signed by the insurance
556commissioner or his or her deputy or the appropriate licensing
557official and must disclose whether the adjuster has ever had any
558license or eligibility to hold any license declined, denied,
559suspended, revoked, or placed on probation or whether an
560administrative fine or penalty has been levied against the
561adjuster and, if so, the reason for the action.
562     (c)  If the applicant's state of residence does not require
563licensure as a public adjuster and the applicant has been
564licensed as a resident insurance adjuster, agent, broker, or
565other insurance representative in his or her state of residence
566or any other state within the past 3 years, a certificate or
567letter of authorization from the licensing authority stating
568that the applicant holds or has held a license to act as such an
569insurance adjuster, agent, or other insurance representative and
570has held the license continuously for the past 3 years. The
571certificate or letter of authorization must be signed by the
572insurance commissioner or his or her deputy or the appropriate
573licensing official and must disclose whether or not the
574adjuster, agent, or other insurance representative has ever had
575any license or eligibility to hold any license declined, denied,
576suspended, revoked, or placed on probation or whether an
577administrative fine or penalty has been levied against the
578adjuster and, if so, the reason for the action.
579     (6)  If available, the department shall verify the
580nonresident applicant's licensing status through the producer
581database maintained by the National Association of Insurance
582Commissioners or its affiliates or subsidiaries.
583     Section 14.  Section 626.8796, Florida Statutes, is created
584to read:
585     626.8796  Public adjuster contracts; fraud statement.--All
586contracts for public adjuster services must be in writing and
587must prominently display the following statement on the
588contract: "Pursuant to s. 817.234, Florida Statutes, any person
589who, with the intent to injure, defraud, or deceive any insurer
590or insured, prepares, presents, or causes to be presented a
591proof of loss or estimate of cost or repair of damaged property
592in support of a claim under an insurance policy knowing that the
593proof of loss or estimate of claim or repairs contains any
594false, incomplete, or misleading information concerning any fact
595or thing material to the claim commits a felony of the third
596degree, punishable as provided in s. 775.082, s. 775.803, or s.
597775.084, Florida Statutes."
598     Section 15.  Section 626.8797, Florida Statutes, is created
599to read:
600     626.8797  Proof of loss; fraud statement.--All proof of
601loss statements must prominently display the following
602statement: "Pursuant to s. 817.234, Florida Statutes, any person
603who, with the intent to injure, defraud, or deceive any insurer
604or insured, prepares, presents, or causes to be presented a
605proof of loss or estimate of cost or repair of damaged property
606in support of a claim under an insurance policy knowing that the
607proof of loss or estimate of claim or repairs contains any
608false, incomplete, or misleading information concerning any fact
609or thing material to the claim commits a felony of the third
610degree, punishable as provided in s. 775.082, s. 775.803, or s.
611775.084, Florida Statutes."
612     Section 16.  Except as otherwise expressly provided in this
613act, this act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.