| 1 | Representative Long offered the following: | 
| 2 | 
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| 3 | Amendment (with title amendment) | 
| 4 | Between lines 2245 and 2246, insert: | 
| 5 | Section 16.  Section 626.854, Florida Statutes, is amended | 
| 6 | to read: | 
| 7 | 626.854  "Public adjuster" defined; prohibitions.--The | 
| 8 | Legislature finds that it is necessary for the protection of the | 
| 9 | public to regulate public insurance adjusters and to prevent the | 
| 10 | unauthorized practice of law. | 
| 11 | (1)  A "public adjuster" is any person, except a duly | 
| 12 | licensed attorney at law as hereinafter in s. 626.860 provided, | 
| 13 | who, for money, commission, or any other thing of value, | 
| 14 | prepares, completes, or files an insurance claim form for an | 
| 15 | insured or third-party claimant or who, for money, commission, | 
| 16 | or any other thing of value, acts or aids in any manner on | 
| 17 | behalf of an insured or third-party claimant in negotiating for | 
| 18 | or effecting the settlement of a claim or claims for loss or | 
| 19 | damage covered by an insurance contract or who advertises for | 
| 20 | employment as an adjuster of such claims, and also includes any | 
| 21 | person who, for money, commission, or any other thing of value, | 
| 22 | solicits, investigates, or adjusts such claims on behalf of any | 
| 23 | such public adjuster. | 
| 24 | (2)  This definition does not apply to: | 
| 25 | (a)  A licensed health care provider or employee thereof | 
| 26 | who prepares or files a health insurance claim form on behalf of | 
| 27 | a patient. | 
| 28 | (b)  A person who files a health claim on behalf of another | 
| 29 | and does so without compensation. | 
| 30 | (3)  A public adjuster may not give legal advice. A public | 
| 31 | adjuster may not act on behalf of or aid any person in | 
| 32 | negotiating or settling a claim relating to bodily injury, | 
| 33 | death, or noneconomic damages. | 
| 34 | (4)  For purposes of this section, the term "insured" | 
| 35 | includes only the policyholder and any beneficiaries named or | 
| 36 | similarly identified in the policy. | 
| 37 | (5)  A public adjuster may not directly or indirectly | 
| 38 | through any other person or entity solicit an insured or | 
| 39 | claimant by any means except on Monday through Saturday of each | 
| 40 | week and only between the hours of 8 a.m. and 8 p.m. on those | 
| 41 | days. | 
| 42 | (6)  A public adjuster may not directly or indirectly | 
| 43 | through any other person or entity initiate contact or engage in | 
| 44 | face-to-face or telephonic solicitation or enter into a contract | 
| 45 | with any insured or claimant under an insurance policy until at | 
| 46 | least 48 hours after the occurrence of an event that may be the | 
| 47 | subject of a claim under the insurance policy unless contact is | 
| 48 | initiated by the insured or claimant. | 
| 49 | (7)  An insured or claimant may cancel a public adjuster's | 
| 50 | contract to adjust a claim without penalty or obligation within | 
| 51 | 3 business days after the date on which the contract is executed | 
| 52 | or within 3 business days after the date on which the insured or | 
| 53 | claimant has notified the insurer of the claim, by phone or in | 
| 54 | writing, whichever is later. The public adjuster's contract | 
| 55 | shall disclose to the insured or claimant his or her right to | 
| 56 | cancel the contract and advise the insured or claimant that | 
| 57 | notice of cancellation must be submitted in writing and sent by | 
| 58 | certified mail, return receipt requested, or other form of | 
| 59 | mailing which provides proof thereof, to the public adjuster at | 
| 60 | the address specified in the contract; provided, during any | 
| 61 | state of emergency as declared by the Governor and for a period | 
| 62 | of 1 year after the date of loss, the insured or claimant shall | 
| 63 | have 5 business days after the date on which the contract is | 
| 64 | executed to cancel a public adjuster's contract. | 
| 65 | (8)  It is an unfair and deceptive insurance trade practice | 
| 66 | pursuant to s. 626.9541 for a public adjuster or any other | 
| 67 | person to circulate or disseminate any advertisement, | 
| 68 | announcement, or statement containing any assertion, | 
| 69 | representation, or statement with respect to the business of | 
| 70 | insurance which is untrue, deceptive, or misleading. | 
| 71 | (9)  A public adjuster, a public adjuster apprentice, or | 
| 72 | any person or entity acting on behalf of a public adjuster or | 
| 73 | public adjuster apprentice may not give or offer to give a | 
| 74 | monetary loan or advance to a client or prospective client. | 
| 75 | (10)  A public adjuster, public adjuster apprentice, or any | 
| 76 | individual or entity acting on behalf of a public adjuster or | 
| 77 | public adjuster apprentice may not give or offer to give, | 
| 78 | directly or indirectly, any article of merchandise having a | 
| 79 | value in excess of $25 to any individual for the purpose of | 
| 80 | advertising or as an inducement to entering into a contract with | 
| 81 | a public adjuster. | 
| 82 | (11)(a)  If a public adjuster enters into a contract with | 
| 83 | an insured or claimant to reopen a claim or to file a | 
| 84 | supplemental claim that seeks additional payments for a claim | 
| 85 | that has been previously paid in part or in full or settled by | 
| 86 | the insurer, the public adjuster may not charge, agree to, or | 
| 87 | accept any compensation, payment, commission, fee, or other | 
| 88 | thing of value based on a previous settlement or previous claim | 
| 89 | payments by the insurer for the same cause of loss. The charge, | 
| 90 | compensation, payment, commission, fee, or other thing of value | 
| 91 | may be based only on the claim payments or settlement obtained | 
| 92 | through the work of the public adjuster after entering into the | 
| 93 | contract with the insured or claimant. The contracts described | 
| 94 | in this paragraph are not subject to the limitations in | 
| 95 | paragraph (b). | 
| 96 | (b)  A public adjuster may not charge, agree to, or accept | 
| 97 | any compensation, payment, commission, fee, or other thing of | 
| 98 | value in excess of: | 
| 99 | 1.  Ten percent of the amount of insurance claim payments | 
| 100 | by the insurer for claims based on events that are the subject | 
| 101 | of a declaration of a state of emergency by the Governor. This | 
| 102 | provision applies to claims made during the period of 1 year | 
| 103 | after the declaration of emergency. | 
| 104 | 2.  Twenty percent of the amount of all other insurance | 
| 105 | claim payments. | 
| 106 | (12)  Each public adjuster shall provide to the claimant or | 
| 107 | insured a written estimate of the loss to assist in the | 
| 108 | submission of a proof of loss or any other claim for payment of | 
| 109 | insurance proceeds. The public adjuster shall retain such | 
| 110 | written estimate for at least 5 years and shall make such | 
| 111 | estimate available to the claimant or insured and the department | 
| 112 | upon request. | 
| 113 | (13)  A public adjuster, public adjuster apprentice, or any | 
| 114 | person acting on behalf of a public adjuster or apprentice may | 
| 115 | not accept referrals of business from any person with whom the | 
| 116 | public adjuster conducts business if there is any form or manner | 
| 117 | of agreement to compensate the person, whether directly or | 
| 118 | indirectly, for referring business to the public adjuster. A | 
| 119 | public adjuster may not compensate any person, except for | 
| 120 | another public adjuster, whether directly or indirectly, for the | 
| 121 | principal purpose of referring business to the public adjuster. | 
| 122 | 
 | 
| 123 | The provisions of subsections (5)-(13) (5)-(12)apply only to | 
| 124 | residential property insurance policies and condominium | 
| 125 | association policies as defined in s. 718.111(11). | 
| 126 | Section 17.  Paragraph (e) of subsection (1) of section | 
| 127 | 626.865, Florida Statutes, is amended to read: | 
| 128 | 626.865  Public adjuster's qualifications, bond.-- | 
| 129 | (1)  The department shall issue a license to an applicant | 
| 130 | for a public adjuster's license upon determining that the | 
| 131 | applicant has paid the applicable fees specified in s. 624.501 | 
| 132 | and possesses the following qualifications: | 
| 133 | (e)  Has passed the required written examination. | 
| 134 | Section 18.  Section 626.8651, Florida Statutes, is amended | 
| 135 | to read: | 
| 136 | 626.8651  Public adjuster apprentice license; | 
| 137 | qualifications.-- | 
| 138 | (1)  The department shall issue a license as a public | 
| 139 | adjuster apprentice to an applicant who is: | 
| 140 | (a)  A natural person at least 18 years of age. | 
| 141 | (b)  A United States citizen or legal alien who possesses | 
| 142 | work authorization from the United States Bureau of Citizenship | 
| 143 | and Immigration Services and is a resident of this state. | 
| 144 | (c)  Trustworthy and has such business reputation as would | 
| 145 | reasonably ensure that the applicant will conduct business as a | 
| 146 | public adjuster apprentice fairly and in good faith and without | 
| 147 | detriment to the public. | 
| 148 | (2)  All applicable license fees, as prescribed in s. | 
| 149 | 624.501, must be paid in full before issuance of the license. | 
| 150 | (3)  The applicant must have passed the required written | 
| 151 | examination before issuance of the license. | 
| 152 | (4)  At the time of application for license as a public | 
| 153 | adjuster apprentice, each applicant must have completed the | 
| 154 | training and received the Accredited Claims Adjuster designation | 
| 155 | which provides experience, training, and instruction concerning | 
| 156 | the adjusting of damages and losses under insurance contracts, | 
| 157 | other than life and annuity contracts, provides education on the | 
| 158 | terms and effects of the provisions of those types of insurance | 
| 159 | contracts, and provides knowledge of the laws of this state | 
| 160 | relating to such contracts as to enable and qualify him or her | 
| 161 | to engage in the business of a public adjuster apprentice fairly | 
| 162 | and without injury to the public or any member of the public | 
| 163 | with whom the applicant may conduct business as a public | 
| 164 | adjuster apprentice. | 
| 165 | (5) (3)At the time of application for license as a public | 
| 166 | adjuster apprentice, the applicant shall file with the | 
| 167 | department a bond executed and issued by a surety insurer | 
| 168 | authorized to transact such business in this state in the amount | 
| 169 | of $50,000, conditioned upon the faithful performance of his or | 
| 170 | her duties as a public adjuster apprentice under the license for | 
| 171 | which the applicant has applied, and thereafter maintain the | 
| 172 | bond unimpaired throughout the existence of the license and for | 
| 173 | at least 1 year after termination of the license. The bond shall | 
| 174 | be in favor of the department and shall specifically authorize | 
| 175 | recovery by the department of the damages sustained in case the | 
| 176 | licensee commits fraud or unfair practices in connection with | 
| 177 | his or her business as a public adjuster apprentice. The | 
| 178 | aggregate liability of the surety for all such damages may not | 
| 179 | exceed the amount of the bond, and the bond may not be | 
| 180 | terminated by the issuing insurer unless written notice of at | 
| 181 | least 30 days is given to the licensee and filed with the | 
| 182 | department. | 
| 183 | (6) (4)A public adjuster apprentice shall complete at a | 
| 184 | minimum 100 hours of employment per month for 12 months of | 
| 185 | employment under the supervision of a licensed and appointed | 
| 186 | all-lines public adjuster in order to qualify for licensure as a | 
| 187 | public adjuster. The department may adopt rules that establish | 
| 188 | standards for such employment requirements. | 
| 189 | (7) (5)An appointing public adjusting firm shall maintain | 
| 190 | no more than 12 public adjuster apprentices simultaneously; | 
| 191 | however, a supervising public adjuster shall be responsible for | 
| 192 | no more than 3 public adjuster apprentices simultaneously and | 
| 193 | accountable for the acts of all apublic adjuster apprentices | 
| 194 | that apprentice whichare related to transacting business as a | 
| 195 | public adjuster apprentice. | 
| 196 | (8) (6)An apprentice license is effective for 18 months | 
| 197 | unless the license expires due to lack of maintaining an | 
| 198 | appointment; is surrendered by the licensee; is terminated, | 
| 199 | suspended, or revoked by the department; or is canceled by the | 
| 200 | department upon issuance of a public adjuster license. The | 
| 201 | department may not issue a public adjuster apprentice license to | 
| 202 | any individual who has held such a license in this state within | 
| 203 | 2 years after expiration, surrender, termination, revocation, or | 
| 204 | cancellation of the license. | 
| 205 | (9) (7)After completing the requirements for employment as | 
| 206 | a public adjuster apprentice, the licensee may file an | 
| 207 | application for a public adjuster license. The applicant and | 
| 208 | supervising public adjuster or public adjusting firm must each | 
| 209 | file a sworn affidavit, on a form prescribed by the department, | 
| 210 | verifying that the employment of the public adjuster apprentice | 
| 211 | meets the requirements of this section. | 
| 212 | (10) (8)In no event shall a public adjuster apprentice | 
| 213 | licensed under this section perform any of the functions for | 
| 214 | which a public adjuster's license is required after expiration | 
| 215 | of the public adjuster apprentice license without having | 
| 216 | obtained a public adjuster license. | 
| 217 | (11) (9)A public adjuster apprentice has the same | 
| 218 | authority as the licensed public adjuster or public adjusting | 
| 219 | firm that employs the apprentice except that an apprentice may | 
| 220 | not execute contracts for the services of a public adjuster or | 
| 221 | public adjusting firm and may not solicit contracts for the | 
| 222 | services except under the direct supervision and guidance of the | 
| 223 | supervisory public adjuster. An individual may not be, act as, | 
| 224 | or hold himself or herself out to be a public adjuster | 
| 225 | apprentice unless the individual is licensed and holds a current | 
| 226 | appointment by a licensed public all-lines adjuster or a public | 
| 227 | adjusting firm that employs a licensed all-lines public | 
| 228 | adjuster. | 
| 229 | Section 19.  Subsection (7) is added to section 627.7011, | 
| 230 | Florida Statutes, to read: | 
| 231 | 627.7011  Homeowners' policies; offer of replacement cost | 
| 232 | coverage and law and ordinance coverage.-- | 
| 233 | (7)  This section does not prohibit an insurer from | 
| 234 | exercising its right to repair damaged property in compliance | 
| 235 | with its policy and s. 627.702(7). | 
| 236 | 
 | 
| 237 | ----------------------------------------------------- | 
| 238 | T I T L E  A M E N D M E N T | 
| 239 | Between lines 118 and 119, insert: | 
| 240 | amending s. 626.854, F.S.; prohibiting public adjusters from | 
| 241 | compensating, or agreeing to compensate, any person for | 
| 242 | referrals of business; providing an exception; amending s. | 
| 243 | 626.865, F.S.; revising qualifications for public adjuster's | 
| 244 | license; deleting requirement that applicant for public | 
| 245 | adjuster's license pass a written examination; amending s. | 
| 246 | 626.8651, F.S.; revising qualifications for public adjuster | 
| 247 | apprentice license; requiring that applicant for public adjuster | 
| 248 | apprentice license pass a written examination, complete certain | 
| 249 | training, and receive a specified designation; limiting the | 
| 250 | number of public adjuster apprentices that may appointed by a | 
| 251 | public adjusting firm or supervised by a supervising public | 
| 252 | adjuster; amending s. 627.7011, F.S.; specifying that provisions | 
| 253 | regulating homeowners' policies do not prohibit insurers from | 
| 254 | repairing damaged property; |