Florida Senate - 2010                                    SB 2264
       
       
       
       By Senator Bennett
       
       
       
       
       21-01397-10                                           20102264__
    1                        A bill to be entitled                      
    2         An act relating to public adjusters; amending s.
    3         626.854, F.S.; providing a definition; prohibiting
    4         public adjusters from making certain employment
    5         solicitations; prohibiting certain unsolicited written
    6         communications; providing exception requirements;
    7         revising prohibited solicitations; revising prohibited
    8         charges by public adjusters; providing a definition;
    9         amending s. 626.8796, F.S.; specifying required
   10         information in public adjuster contracts; creating s.
   11         626.70132, F.S.; barring certain personal lines
   12         residential coverage insurance claims subject to
   13         certain notice requirements; providing a definition;
   14         providing nonapplicability to certain civil actions
   15         limitations; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsections (5), (6), and (11) of section
   20  626.854, Florida Statutes, are amended to read:
   21         626.854 “Public adjuster” defined; prohibitions.—The
   22  Legislature finds that it is necessary for the protection of the
   23  public to regulate public insurance adjusters and to prevent the
   24  unauthorized practice of law.
   25         (5)(a) As used in this subsection, the term “solicit” or
   26  “solicitation” means contact in person or by telephone,
   27  facsimile, United States postal service, electronic mail, or any
   28  other method of communication directed to a specific recipient.
   29         (b) Except as provided in paragraph (c), a public adjuster
   30  may not solicit professional employment from a prospective
   31  customer with whom the public adjuster has no family or prior
   32  professional relationship, in person or otherwise, when a
   33  significant motive for the public adjuster’s doing so is the
   34  public adjuster’s pecuniary gain.
   35         (c) An unsolicited written communication to an insured for
   36  the purpose of obtaining professional employment is prohibited
   37  unless it complies with the following requirements:
   38         1. The first page and the lower left corner of the face of
   39  the envelope of such written communication shall be plainly
   40  marked “ADVERTISEMENT” in red ink in 14-point font.
   41         2. The communication must be sent only by regular United
   42  States mail and not by registered mail or any other form of
   43  restricted delivery.
   44         3. The communication may not be made to resemble legal
   45  pleadings or other legal documents.
   46         4. The communication may not contain any information as to
   47  the public adjuster’s or public adjusting firm’s record or
   48  history in obtaining claim payments or settlements for other
   49  insureds.
   50         5. The communication may not be mailed less than 30 days
   51  after the occurrence of an event that may be the subject of a
   52  claim under an insurance policy. A public adjuster may not
   53  directly or indirectly through any other person or entity
   54  solicit an insured or claimant by any means except on Monday
   55  through Saturday of each week and only between the hours of 8
   56  a.m. and 8 p.m. on those days.
   57         (6) A public adjuster may not directly or indirectly
   58  through any other person or entity initiate contact or engage in
   59  face-to-face or telephonic solicitation or enter into a contract
   60  with any insured or claimant under an insurance policy until at
   61  least 48 hours after the occurrence of an event that may be the
   62  subject of a claim under the insurance policy unless contact is
   63  initiated by the insured or claimant.
   64         (11)(a) If a public adjuster enters into a contract with an
   65  insured or claimant to reopen a claim or to file a supplemental
   66  claim that seeks additional payments for a claim that has been
   67  previously paid in part or in full or settled by the insurer,
   68  the public adjuster may not charge, agree to, or accept any
   69  compensation, payment, commission, fee, or other thing of value
   70  based on a previous settlement or previous claim payments by the
   71  insurer for the same cause of loss. The charge, compensation,
   72  payment, commission, fee, or other thing of value may be based
   73  only on the claim payments or settlement obtained through the
   74  work of the public adjuster after entering into the contract
   75  with the insured or claimant. The contracts described in this
   76  paragraph are not subject to the limitations in paragraph (b).
   77         (b) A public adjuster may not charge, agree to, or accept
   78  any compensation, payment, commission, fee, or other thing of
   79  value in excess of:
   80         1. Ten percent of any the amount in excess of the insurance
   81  company’s claim valuation to repair or replace damage to covered
   82  property payments by the insurer for claims based on events that
   83  are the subject of a declaration of a state of emergency by the
   84  Governor. This provision applies to claims made during the
   85  period of 1 year after the declaration of emergency.
   86         2. Twenty percent of any the amount in excess of the all
   87  other insurance company’s claim valuation to repair or replace
   88  damage to covered property for all other insurance claim
   89  payments.
   90         (c) For purposes of this subsection, the term “claim
   91  valuation” means the total amount offered in writing or actually
   92  paid, or any combination of such amounts, by the insurance
   93  company to the policyholder for the claim for the damaged
   94  property, including loss of use, additional living, emergency,
   95  and any other expenses required to be paid under the terms of
   96  the policy.
   97  
   98  The provisions of subsections (5)-(13) apply only to residential
   99  property insurance policies and condominium association policies
  100  as defined in s. 718.111(11).
  101         Section 2. Section 626.8796, Florida Statutes, is amended
  102  to read:
  103         626.8796 Public adjuster contracts; fraud statement.—
  104         (1) All contracts for public adjuster services must be in
  105  writing and must prominently display the following statement on
  106  the contract: “Pursuant to s. 817.234, Florida Statutes, any
  107  person who, with the intent to injure, defraud, or deceive any
  108  insurer or insured, prepares, presents, or causes to be
  109  presented a proof of loss or estimate of cost or repair of
  110  damaged property in support of a claim under an insurance policy
  111  knowing that the proof of loss or estimate of claim or repairs
  112  contains any false, incomplete, or misleading information
  113  concerning any fact or thing material to the claim commits a
  114  felony of the third degree, punishable as provided in s.
  115  775.082, s. 775.083, or s. 775.084, Florida Statutes.”
  116         (2) A public adjuster contract must contain the names and
  117  addresses of the public adjuster, the public adjusting firm, and
  118  the insured, together with the signatures of the public adjuster
  119  and the insured and the signature date. A copy of the contract
  120  must be remitted to the insurer within 30 days after execution.
  121         Section 3. Section 626.70132, Florida Statutes, is created
  122  to read:
  123         626.70132 Duty to file windstorm or hurricane claim.—A
  124  claim, supplemental claim, or reopened claim under an insurance
  125  policy that provides personal lines residential coverage, as
  126  defined in s. 627.4025, for loss or damage caused by the peril
  127  of windstorm or hurricane is barred unless notice of the claim
  128  was given to the insurer in accordance with the terms of the
  129  policy within 3 years after the windstorm or hurricane first
  130  made landfall, or the windstorm caused the covered damage, in
  131  this state. For purposes of this section, the term “supplemental
  132  or reopened claim” means a claim for recovery of additional
  133  payments from the insurer for losses from the same hurricane for
  134  which the insurer has previously paid pursuant to the initial
  135  claim. This section may not be interpreted to affect any
  136  applicable limitation on civil actions provided in s. 95.11.
  137         Section 4. This act shall take effect July 1, 2010.