Florida Senate - 2011                                    SB 1750
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-01191B-11                                          20111750__
    1                        A bill to be entitled                      
    2         An act relating to property insurance appraisal
    3         umpires and property insurance appraisers; amending s.
    4         624.501, F.S.; providing license application,
    5         issuance, biennial renewal, or continuation fees for
    6         property insurance appraisal umpires and property
    7         insurance appraisers; amending s. 626.015, F.S.;
    8         defining the terms “property insurance loss appraiser”
    9         and “property insurance appraisal umpire” for purposes
   10         of the Licensing Procedures Law; amending s. 626.016,
   11         F.S.; providing that property insurance appraisal
   12         umpires and property insurance appraisers are subject
   13         to the powers of the Department of Financial Services,
   14         the Financial Services Commission, and the Office of
   15         Insurance Regulation; amending s. 626.022, F.S.;
   16         expanding the scope of part I of ch. 626, F.S., to
   17         include property insurance appraisal umpires and
   18         property insurance appraisers; deleting obsolete
   19         provisions; amending s. 626.112, F.S.; requiring that
   20         property insurance appraisal umpires and property
   21         insurance appraisers operating in this state be
   22         licensed by the department; creating part XII of ch.
   23         626, F.S.; creating s. 626.9931, F.S.; providing
   24         legislative findings and purpose; creating s.
   25         626.9932, F.S.; providing the scope and parameters for
   26         application; creating s. 626.9933, F.S.; providing
   27         definitions; creating s. 626.9934, F.S.; providing
   28         procedures for the application for licensure as a
   29         property insurance appraisal umpire and as a property
   30         insurance appraiser; requiring that all applicants be
   31         fingerprinted by a law enforcement agency or other
   32         entity approved by the department at the time of
   33         application; requiring the department to develop and
   34         maintain an updated list of licensed umpires and
   35         licensed property insurance appraisers; creating s.
   36         626.9935, F.S.; authorizing the department to adopt
   37         rules; creating s. 626.9936, F.S.; providing
   38         qualifications for licensure as a property insurance
   39         appraisal umpire and as a property insurance
   40         appraiser; creating s. 626.9937, F.S.; providing
   41         professional and educational requirements for
   42         licensure as a property insurance appraisal umpire and
   43         property insurance appraiser; creating s. 626.9938,
   44         F.S.; providing for the regulation of umpire and
   45         property insurance appraiser course providers,
   46         instructors, and courses; requiring the department to
   47         adopt rules establishing standards for providers,
   48         instructors, and courses, and a process for
   49         determining compliance with certain prelicensure
   50         requirements; adopting forms to be used for the
   51         administration of such requirements; creating s.
   52         626.9939, F.S.; providing grounds for the compulsory
   53         refusal, suspension, or revocation of an umpire’s
   54         license and a property insurance appraiser’s license;
   55         creating s. 626.9940, F.S.; providing grounds for the
   56         discretionary refusal, suspension, or revocation of an
   57         umpire’s license and a property insurance appraiser’s
   58         license; creating s. 626.9941, F.S.; providing ethical
   59         standards for property insurance appraisal umpires;
   60         creating s. 626.9942, F.S.; requiring that a licensed
   61         property insurance appraisal umpire and property
   62         insurance appraiser retain certain records for a
   63         specified period; requiring that umpires and property
   64         insurance appraisers make such records available for
   65         inspection and copying by the department; requiring
   66         that appraisals that are the subject of litigation or
   67         have been admitted as evidence in a lawsuit be
   68         retained for a specified period; creating s. 626.9943,
   69         F.S.; providing ethical standards for licensed
   70         property insurance appraisers; creating s. 627.4141,
   71         F.S.; providing procedures that must be followed if a
   72         residential or commercial property insurance contract
   73         provides that either party may submit a written demand
   74         to enter into the process of appraisal when the
   75         insured and the insurer fail to mutually agree to the
   76         actual cash value, the amount of loss, or the cost of
   77         repair or replacement of property for which a claim
   78         has been filed; providing an exception upon which an
   79         insurer may refuse to accept such demand; authorizing
   80         each party to select a competent licensed and
   81         independent appraiser and to notify the opposing party
   82         within a specified period; requiring the appraisers to
   83         select a licensed umpire from the department’s list of
   84         licensed umpires; authorizing either party to file a
   85         petition, in a county or circuit court in the
   86         jurisdiction in which the covered property is located,
   87         to designate a licensed umpire if the appraisers
   88         cannot agree on the selection of a licensed umpire;
   89         providing that appraisal proceedings are informal
   90         unless the insurer and the insured agree otherwise;
   91         defining and providing the scope of the term
   92         “informal” for purposes of appraisal proceedings;
   93         requiring each licensed appraiser to submit a written
   94         report to the other licensed appraisers; requiring
   95         that any differences in findings among the licensed
   96         appraisers which cannot be resolved by the licensed
   97         appraisers themselves within a specified period be
   98         submitted to the licensed umpire for review; requiring
   99         the licensed umpire to submit his or her conclusions
  100         regarding any unresolved differences in the findings
  101         of the licensed appraisers within a specified period;
  102         providing that if either licensed appraiser agrees
  103         with the conclusions of the licensed umpire, an
  104         itemized written appraisal award signed by the
  105         licensed umpire and licensed appraiser shall be filed
  106         with the insurer and shall determine the amount of the
  107         loss; providing that the appraisal award is binding
  108         upon the insurer and the insured; providing for
  109         compensation of the licensed appraisers and the
  110         licensed umpire; providing that the Florida
  111         Arbitration Code does not apply to residential or
  112         commercial property insurance loss appraisal
  113         proceedings; providing that certain provisions of the
  114         Florida Arbitration Code relating to procedural
  115         matters do apply; prohibiting the appraisal process
  116         from addressing issues involving coverage or lack
  117         thereof under an insurance contract; authorizing the
  118         licensed umpire and licensed appraisers to consider
  119         causation issues when necessary to determine the
  120         amount of loss; amending ss. 626.172, 626.7845,
  121         626.8305, and 626.8411, F.S.; conforming cross
  122         references; providing an effective date.
  123  
  124  Be It Enacted by the Legislature of the State of Florida:
  125  
  126         Section 1. Subsection (5) of section 624.501, Florida
  127  Statutes, is amended, and subsection (29) is added to that
  128  section, to read:
  129         624.501 Filing, license, appointment, and miscellaneous
  130  fees.—The department, commission, or office, as appropriate,
  131  shall collect in advance, and persons so served shall pay to it
  132  in advance, fees, licenses, and miscellaneous charges as
  133  follows:
  134         (5) All insurance representatives, property insurance
  135  appraisal umpires, and property insurance appraisers application
  136  for license, application for reinstatement of suspended license,
  137  each filing, filing
  138  fee..................................................$50.00
  139         (29) Property insurance appraisal umpire and property
  140  insurance appraiser original appointment, biennial renewal, or
  141  continuation by the
  142  licensee..................................................$50.00
  143         Section 2. Present subsections (16), (17), and (18) of
  144  section 626.015, Florida Statutes, are renumbered as subsections
  145  (18), (19), and (20), respectively, and new subsections (16) and
  146  (17) are added to that section to read:
  147         626.015 Definitions.—As used in this part:
  148         (16) “Property insurance loss appraiser” has the same
  149  meaning as in s. 626.9933.
  150         (17) “Property insurance appraisal umpire” has the same
  151  meaning as in s. 626.9933.
  152         Section 3. Subsection (1) of section 626.016, Florida
  153  Statutes, is amended to read:
  154         626.016 Powers and duties of department, commission, and
  155  office.—
  156         (1) The powers and duties of the Chief Financial Officer
  157  and the department specified in this part apply only with
  158  respect to insurance agents, insurance agencies, managing
  159  general agents, insurance adjusters, reinsurance intermediaries,
  160  viatical settlement brokers, customer representatives, service
  161  representatives, property insurance appraisers, and property
  162  insurance appraisal umpires agencies.
  163         Section 4. Subsection (1) of section 626.022, Florida
  164  Statutes, is amended to read:
  165         626.022 Scope of part.—
  166         (1) This part applies as to insurance agents, service
  167  representatives, adjusters, property insurance appraisal
  168  umpires, property insurance appraisers, and insurance agencies;
  169  as to any and all kinds of insurance; and as to stock insurers,
  170  mutual insurers, reciprocal insurers, and all other types of
  171  insurers, except that:
  172         (a) It does not apply as to reinsurance, except that ss.
  173  626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
  174  626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541
  175  626.591, and ss. 626.601-626.711 shall apply as to reinsurance
  176  intermediaries as defined in s. 626.7492.
  177         (b) The applicability of this chapter as to fraternal
  178  benefit societies shall be as provided in chapter 632.
  179         (c) It does not apply to a bail bond agent, as defined in
  180  s. 648.25, except as provided in chapter 648 or chapter 903.
  181         (d) It This part does not apply to a certified public
  182  accountant licensed under chapter 473 who is acting within the
  183  scope of the practice of public accounting, as defined in s.
  184  473.302, if provided that the activities of the certified public
  185  accountant are limited to advising a client of the necessity of
  186  obtaining insurance, the amount of insurance needed, or the line
  187  of coverage needed, and if provided that the certified public
  188  accountant does not directly or indirectly receive or share in
  189  any commission or referral fee.
  190         Section 5. Section 626.112, Florida Statutes, is amended to
  191  read:
  192         626.112 License and appointment required; agents, customer
  193  representatives, adjusters, insurance agencies, service
  194  representatives, managing general agents, property insurance
  195  appraisers, and property insurance appraisal umpires.—
  196         (1)(a) No person may be, act as, or advertise or hold
  197  himself or herself out to be an insurance agent, insurance
  198  adjuster, property insurance appraiser, property insurance
  199  appraisal umpire, or customer representative unless he or she is
  200  currently licensed by the department and appointed by an
  201  appropriate appointing entity or person.
  202         (b) Except as provided in subsection (8) (6) or in
  203  applicable department rules, and in addition to other conduct
  204  described in this chapter with respect to particular types of
  205  agents, a license as an insurance agent, service representative,
  206  customer representative, or limited customer representative is
  207  required in order to engage in the solicitation of insurance.
  208  For purposes of this requirement, as applicable to any of the
  209  license types described in this section, the solicitation of
  210  insurance is the attempt to persuade any person to purchase an
  211  insurance product by:
  212         1. Describing the benefits or terms of insurance coverage,
  213  including premiums or rates of return;
  214         2. Distributing an invitation to contract to prospective
  215  purchasers;
  216         3. Making general or specific recommendations as to
  217  insurance products;
  218         4. Completing orders or applications for insurance
  219  products;
  220         5. Comparing insurance products, advising as to insurance
  221  matters, or interpreting policies or coverages; or
  222         6. Offering or attempting to negotiate on behalf of another
  223  person a viatical settlement contract as defined in s. 626.9911.
  224  
  225  However, an employee leasing company licensed pursuant to
  226  chapter 468 which is seeking to enter into a contract with an
  227  employer that identifies products and services offered to
  228  employees may deliver proposals for the purchase of employee
  229  leasing services to prospective clients of the employee leasing
  230  company setting forth the terms and conditions of doing
  231  business; classify employees as permitted by s. 468.529; collect
  232  information from prospective clients and other sources as
  233  necessary to perform due diligence on the prospective client and
  234  to prepare a proposal for services; provide and receive
  235  enrollment forms, plans, and other documents; and discuss or
  236  explain in general terms the conditions, limitations, options,
  237  or exclusions of insurance benefit plans available to the client
  238  or employees of the employee leasing company were the client to
  239  contract with the employee leasing company. Any advertising
  240  materials or other documents describing specific insurance
  241  coverages must identify and be from a licensed insurer or its
  242  licensed agent or a licensed and appointed agent employed by the
  243  employee leasing company. The employee leasing company may not
  244  advise or inform the prospective business client or individual
  245  employees of specific coverage provisions, exclusions, or
  246  limitations of particular plans. As to clients for which the
  247  employee leasing company is providing services pursuant to s.
  248  468.525(4), the employee leasing company may engage in
  249  activities permitted by ss. 626.7315, 626.7845, and 626.8305,
  250  subject to the restrictions specified in those sections. If a
  251  prospective client requests more specific information concerning
  252  the insurance provided by the employee leasing company, the
  253  employee leasing company must refer the prospective business
  254  client to the insurer or its licensed agent or to a licensed and
  255  appointed agent employed by the employee leasing company.
  256         (2) No agent or customer representative shall solicit or
  257  otherwise transact as agent or customer representative, or
  258  represent or hold himself or herself out to be an agent or
  259  customer representative as to, any kind or kinds of insurance
  260  for as to which he or she is not then licensed and appointed.
  261         (3) No person shall act as an adjuster as to any class of
  262  business for which he or she is not then licensed and appointed.
  263         (4) No property insurance appraiser shall act as an
  264  adjuster as to any class of business for which he or she is not
  265  licensed and appointed.
  266         (5) No property insurance appraisal umpire shall act as an
  267  adjuster as to any class of business for which he or she is not
  268  licensed and appointed.
  269         (6)(4) No person shall be, act as, or represent or hold
  270  himself or herself out to be a service representative unless he
  271  or she then holds a currently effective service representative
  272  license and appointment. This subsection does not apply as to
  273  similar representatives or employees of casualty insurers whose
  274  duties are restricted to health insurance.
  275         (7)(5) No person shall be, act as, or represent or hold
  276  himself or herself out to be a managing general agent unless he
  277  or she then holds a currently effective managing general agent
  278  license and appointment.
  279         (8)(6) An individual employed by a life or health insurer
  280  as an officer or other salaried representative may solicit and
  281  effect contracts of life insurance or annuities or of health
  282  insurance, without being licensed as an agent, when and only if
  283  when he or she is accompanied by and solicits for and on the
  284  behalf of a licensed and appointed agent.
  285         (9)(7)(a) Effective October 1, 2006, No individual, firm,
  286  partnership, corporation, association, or any other entity shall
  287  act in its own name or under a trade name, directly or
  288  indirectly, as an insurance agency, unless it complies with s.
  289  626.172 with respect to possessing an insurance agency license
  290  for each place of business at which it engages in any activity
  291  which may be performed only by a licensed insurance agent. Each
  292  agency engaged in business in this state before January 1, 2003,
  293  which is wholly owned by insurance agents currently licensed and
  294  appointed under this chapter, each incorporated agency whose
  295  voting shares are traded on a securities exchange, each agency
  296  designated and subject to supervision and inspection as a branch
  297  office under the rules of the National Association of Securities
  298  Dealers, and each agency whose primary function is offering
  299  insurance as a service or member benefit to members of a
  300  nonprofit corporation may file an application for registration
  301  in lieu of licensure in accordance with s. 626.172(3). Each
  302  agency engaged in business before October 1, 2006, shall file an
  303  application for licensure or registration on or before October
  304  1, 2006.
  305         1. If an agency is required to be licensed but fails to
  306  file an application for licensure in accordance with this
  307  section, the department shall impose on the agency an
  308  administrative penalty in an amount of up to $10,000.
  309         2. If an agency is eligible for registration but fails to
  310  file an application for registration or an application for
  311  licensure in accordance with this section, the department shall
  312  impose on the agency an administrative penalty in an amount of
  313  up to $5,000.
  314         (b) A registered insurance agency shall, as a condition
  315  precedent to continuing business, obtain an insurance agency
  316  license if the department finds that, with respect to any
  317  majority owner, partner, manager, director, officer, or other
  318  person who manages or controls the agency, any person has:
  319         1. Been found guilty of, or has pleaded guilty or nolo
  320  contendere to, a felony in this state or any other state
  321  relating to the business of insurance or to an insurance agency,
  322  without regard to whether a judgment of conviction has been
  323  entered by the court having jurisdiction of the cases.
  324         2. Employed any individual in a managerial capacity or in a
  325  capacity dealing with the public who is under an order of
  326  revocation or suspension issued by the department. An insurance
  327  agency may request, on forms prescribed by the department,
  328  verification of any person’s license status. If a request is
  329  mailed within 5 working days after an employee is hired, and the
  330  employee’s license is currently suspended or revoked, the agency
  331  shall not be required to obtain a license, if the unlicensed
  332  person’s employment is immediately terminated.
  333         3. Operated the agency or permitted the agency to be
  334  operated in violation of s. 626.747.
  335         4. With such frequency as to have made the operation of the
  336  agency hazardous to the insurance-buying public or other
  337  persons:
  338         a. Solicited or handled controlled business. This
  339  subparagraph shall not prohibit the licensing of any lending or
  340  financing institution or creditor, with respect to insurance
  341  only, under credit life or disability insurance policies of
  342  borrowers from the institutions, which policies are subject to
  343  part IX of chapter 627.
  344         b. Misappropriated, converted, or unlawfully withheld
  345  moneys belonging to insurers, insureds, beneficiaries, or others
  346  and received in the conduct of business under the license.
  347         c. Unlawfully rebated, attempted to unlawfully rebate, or
  348  unlawfully divided or offered to divide commissions with
  349  another.
  350         d. Misrepresented any insurance policy or annuity contract,
  351  or used deception with regard to any policy or contract, done
  352  either in person or by any form of dissemination of information
  353  or advertising.
  354         e. Violated any provision of this code or any other law
  355  applicable to the business of insurance in the course of dealing
  356  under the license.
  357         f. Violated any lawful order or rule of the department.
  358         g. Failed or refused, upon demand, to pay over to any
  359  insurer he or she represents or has represented any money coming
  360  into his or her hands belonging to the insurer.
  361         h. Violated the provision against twisting as defined in s.
  362  626.9541(1)(l).
  363         i. In the conduct of business, engaged in unfair methods of
  364  competition or in unfair or deceptive acts or practices, as
  365  prohibited under part IX of this chapter.
  366         j. Willfully overinsured any property insurance risk.
  367         k. Engaged in fraudulent or dishonest practices in the
  368  conduct of business arising out of activities related to
  369  insurance or the insurance agency.
  370         l. Demonstrated lack of fitness or trustworthiness to
  371  engage in the business of insurance arising out of activities
  372  related to insurance or the insurance agency.
  373         m. Authorized or knowingly allowed individuals to transact
  374  insurance who were not then licensed as required by this code.
  375         5. Knowingly employed any person who within the preceding 3
  376  years has had his or her relationship with an agency terminated
  377  in accordance with paragraph (d).
  378         6. Willfully circumvented the requirements or prohibitions
  379  of this code.
  380         (10)(8) No insurance agent, insurance agency, or other
  381  person licensed under the Insurance Code may pay any fee or
  382  other consideration to an unlicensed person other than an
  383  insurance agency for the referral of prospective purchasers to
  384  an insurance agent which is in any way dependent upon whether
  385  the referral results in the purchase of an insurance product.
  386         (11)(9) Any person who knowingly transacts insurance or
  387  otherwise engages in insurance activities in this state without
  388  a license in violation of this section commits a felony of the
  389  third degree, punishable as provided in s. 775.082, s. 775.083,
  390  or s. 775.084.
  391         (12) Effective July 1, 2012, a person may not act as,
  392  represent himself or herself as, or hold himself or herself out
  393  to be a property insurance appraisal umpire unless he or she
  394  holds a current property insurance appraisal umpire license
  395  issued by the department.
  396         Section 6. Part XII of chapter 626, Florida Statutes,
  397  consisting of sections 626.9931, 626.9932, 626.9933, 626.9934,
  398  626.9935, 626.9936, 626.9937, 626.9938, 626.9939, 626.9940,
  399  626.9941, 626.9942, and 626.9943, is created to read:
  400         626.9931 Purpose.—The Legislature finds that it is in the
  401  interest of the public welfare to regulate property insurance
  402  loss appraisers and property insurance appraisal umpires in this
  403  state.
  404         626.9932 Scope of part.—This part applies to residential
  405  and commercial residential property insurance contracts that
  406  contain an appraisal clause and to the umpires and appraisers
  407  who participate in the appraisal process as a result of an
  408  appraisal clause.
  409         626.9933 Definitions.—As used in this part, the term:
  410         (1) “Appraisal” means the process of estimating or
  411  evaluating actual cash value, the amount of loss, or the cost of
  412  repair or replacement of property for the purpose of quantifying
  413  the monetary value of a property loss claim when an insurer and
  414  an insured have failed to mutually agree on the value of the
  415  loss pursuant to a residential or commercial residential
  416  property insurance contract that is required in the residential
  417  or commercial residential property insurance contract for the
  418  resolution of a claim dispute by appraisal.
  419         (2) “Competent” means properly licensed, sufficiently
  420  qualified and capable to perform an appraisal.
  421         (3) “Independent” means not subject to control,
  422  restriction, modification, and limitation by the appointing
  423  party.
  424         (4) “Property insurance appraisal umpire” or “umpire” means
  425  a competent, independent, licensed, and impartial third party
  426  selected by the licensed appraisers for the insurer and the
  427  insured to resolve issues for which the licensed appraisers are
  428  unable to reach an agreement in the course of the appraisal
  429  process pursuant to a residential or commercial residential
  430  property insurance contract that is required to provide for the
  431  resolution of a claim dispute by appraisal.
  432         (5) “Property insurance loss appraiser” or “appraiser” mean
  433  a competent, licensed, and independent third party selected by
  434  an insurer or an insured to develop an appraisal for purposes of
  435  the appraisal process under a residential or commercial
  436  residential property insurance contract that is required to
  437  provide for the resolution of a claim dispute by appraisal.
  438         626.9934 Property insurance appraisal umpire and property
  439  insurance appraiser applications; fingerprinting required;
  440  umpire list.—
  441         (1) Application for a license under this part shall be made
  442  as provided in s. 626.171 and related sections of this code.
  443         (2) At the time of application, the applicant must be
  444  fingerprinted by a law enforcement agency or other entity
  445  approved by the department and must pay the fingerprint
  446  processing fee specified in s. 624.501. Fingerprints must be
  447  processed in accordance with s. 624.34.
  448         (3) The department shall develop and maintain as a public
  449  record a current list of licensed property insurance appraisal
  450  umpires and licensed property insurance appraisers.
  451         626.9935 Rulemaking authority.—The department may adopt
  452  rules to administer the requirements of this part.
  453         626.9936 Qualifications for licensure as a property
  454  insurance appraisal umpire or property insurance appraiser.—
  455         (1) The department may not issue a license as a property
  456  insurance appraisal umpire or a property insurance appraiser to
  457  any individual found by it to be untrustworthy or incompetent,
  458  or who has not met the following qualifications:
  459         (a) The applicant has filed an application with the
  460  department in accordance with s. 626.171.
  461         (b) The applicant is a natural person who is at least 18
  462  years of age.
  463         (c) The applicant is a United States citizen or legal alien
  464  who possesses work authorization from the United States Bureau
  465  of Citizenship and Immigration Services.
  466         (d) The applicant has completed the education, experience,
  467  or licensing requirements in s. 626.9937.
  468         (2) An incomplete application expires 6 months after the
  469  date it is received.
  470         (3) An applicant seeking to become licensed under this part
  471  may not be rejected solely by virtue of membership or lack of
  472  membership in any particular appraisal organization.
  473         626.9937 Professional or educational requirements for
  474  insurance appraisal umpires and property insurance appraisers
  475  applicants.—The department may not issue a license to an
  476  applicant for licensure as a property insurance appraisal umpire
  477  or property insurance appraiser unless the applicant meets one
  478  of the following requirements:
  479         (1) The applicant is currently licensed, registered,
  480  certified, or approved as an engineer as defined in s. 471.005,
  481  or as a retired professional engineer as defined in s. 471.005
  482  and has taught or successfully completed 4 hours of classroom
  483  coursework, approved by the department, specifically related to
  484  construction, building codes, appraisal procedure, appraisal
  485  preparation, and any other related material deemed appropriate
  486  by the department.
  487         (2) The applicant is currently or, within the 5 years
  488  immediately preceding the date on which the application is filed
  489  with the department, has been licensed, registered, certified,
  490  or approved as a general contractor, building contractor, or
  491  residential contractor as defined in s. 489.105 and has taught
  492  or successfully completed 4 hours of classroom coursework,
  493  approved by the department, specifically related to
  494  construction, building codes, appraisal procedure, appraisal
  495  preparation, and any other related material deemed appropriate
  496  by the department.
  497         (3) The applicant is currently or, within the 5 years
  498  immediately preceding the date on which the application is filed
  499  with the department, has been licensed or registered as an
  500  architect to engage in the practice of architecture pursuant to
  501  part I of chapter 481 and has taught or successfully completed 4
  502  hours of classroom coursework, approved by the department,
  503  specifically related to construction, building codes, appraisal
  504  procedure, appraisal preparation, and any other related material
  505  deemed appropriate by the department.
  506         (4) The applicant is currently or, within the 5 years
  507  immediately preceding the date on which the application is filed
  508  with the department, has been a qualified geologist or
  509  professional geologist as defined in s. 492.102 and has taught
  510  or successfully completed 4 hours of classroom coursework,
  511  approved by the department, specifically related to
  512  construction, building codes, appraisal procedure, appraisal
  513  preparation, and any other related material deemed appropriate
  514  by the department.
  515         (5) The applicant is currently or, within the 5 years
  516  immediately preceding the date on which the application is filed
  517  with the department, has been licensed as a certified public
  518  accountant as defined in s. 473.302 and has taught or
  519  successfully completed 4 hours of classroom coursework, approved
  520  by the department, specifically related to construction,
  521  building codes, appraisal procedure, appraisal preparation, and
  522  any other related material deemed appropriate by the department.
  523         (6) The applicant is currently or, within the 5 years
  524  immediately preceding the date on which the application is filed
  525  with the department, has been licensed as an attorney at law in
  526  this state and has taught or successfully completed 4 hours of
  527  classroom coursework, approved by the department, specifically
  528  related to construction, building codes, appraisal procedure,
  529  appraisal preparation, and any other related material deemed
  530  appropriate by the department.
  531         (7) The applicant has received a baccalaureate degree from
  532  an accredited 4-year college in the field of engineering,
  533  architecture, or building construction and has taught or
  534  successfully completed 4 hours of classroom coursework, approved
  535  by the department, specifically related to construction,
  536  building codes, appraisal procedure, appraisal preparation, and
  537  any other related material deemed appropriate by the department.
  538         (8) The applicant is a currently licensed adjuster whose
  539  license covers all lines of insurance except the life and
  540  annuities class. The adjuster’s license must include the
  541  property and casualty class of insurance. The currently licensed
  542  adjuster must be licensed for at least 3 years to qualify for a
  543  property insurance appraiser’s license. The currently licensed
  544  adjuster must be licensed for at least 5 years to qualify for a
  545  property insurance appraisal umpire’s license.
  546         (a) Has 1 year of proven experience as an employee of a
  547  general contractor, building contractor, or residential
  548  contractor; or
  549         (b) Has received a minimum of 8 semester hours or 12
  550  quarter hours of credit from an accredited college in the field
  551  of accounting, geology, engineering, architecture, or building
  552  construction.
  553         (9) The applicant has successfully completed 40 hours of
  554  classroom coursework, approved by the department, specifically
  555  related to construction, building codes, appraisal procedure,
  556  appraisal preparation, property insurance, and any other related
  557  material deemed appropriate by the department.
  558         626.9938 Regulation of umpire and property appraiser course
  559  providers, instructors, and courses.—
  560         (1) Each umpire or property appraiser course provider,
  561  instructor, and classroom course must be approved by and
  562  registered with the department before prelicensure courses for
  563  property insurance appraisal umpires or property insurance
  564  appraisers may be offered. Each classroom course must include a
  565  written examination at the conclusion of the course and must
  566  cover all of the material contained in the course. A student may
  567  not receive credit for the course unless the student achieves a
  568  grade of at least 75 on the examination.
  569         (2) The department shall adopt rules establishing:
  570         (a) Standards for the approval, registration, discipline,
  571  or removal from registration of course providers, instructors,
  572  and courses. The standards must be designed to ensure that
  573  instructors have the knowledge, competence, and integrity to
  574  fulfill the educational objectives of the prelicensure
  575  requirements of this part.
  576         (b) A process for determining compliance with the
  577  prelicensure requirements of this part. The department shall
  578  adopt rules prescribing the forms necessary to administer the
  579  prelicensure requirements of this part.
  580         (3) Approval to teach prescribed or approved appraisal
  581  courses does not entitle the instructor to teach any courses
  582  outside the scope of this part.
  583         626.9939 Grounds for compulsory refusal, suspension, or
  584  revocation of an umpire’s or appraiser’s license.—In addition to
  585  the grounds set forth in s. 626.611, the department shall deny
  586  an application for, and suspend, revoke, or refuse to renew or
  587  continue, a license as a property insurance appraisal umpire or
  588  property insurance appraiser if the applicant or licensee has:
  589         (1) Violated a duty imposed upon her or him by law or by
  590  the terms of a contract, whether written, oral, express, or
  591  implied, in an appraisal; has aided, assisted, or conspired with
  592  any other person engaged in any such misconduct and in
  593  furtherance thereof; or has formed an intent, design, or scheme
  594  to engage in such misconduct and committed an overt act in
  595  furtherance of such intent, design, or scheme. It is immaterial
  596  to a finding that a licensee has committed a violation of this
  597  subsection that the victim or intended victim of the misconduct
  598  has sustained no damage or loss, that the damage or loss has
  599  been settled and paid after the discovery of misconduct, or that
  600  such victim or intended victim was a customer or a person in a
  601  confidential relation with the licensee or was an identified
  602  member of the general public.
  603         (2) Violated any provision of this part or any lawful order
  604  or rule of the department.
  605         (3) Had a registration, license, or certification as an
  606  appraiser revoked, suspended, or otherwise acted against; has
  607  had his or her registration, license, or certificate to practice
  608  or conduct any regulated profession, business, or vocation
  609  revoked or suspended by this or any other state, any nation, or
  610  any possession or district of the United States; or has had an
  611  application for such registration, licensure, or certification
  612  to practice or conduct any regulated profession, business, or
  613  vocation denied by this or any other state, any nation, or any
  614  possession or district of the United States.
  615         (4) Made or filed a report or record, written or oral,
  616  which the licensee knows to be false; has willfully failed to
  617  file a report or record required by state or federal law; has
  618  willfully impeded or obstructed such filing; or has induced
  619  another person to impede or obstruct such filing.
  620         (5) Accepted an appointment as an umpire or appraiser if
  621  the appointment is contingent upon the umpire or appraiser
  622  reporting a predetermined result, analysis, or opinion, or if
  623  the fee to be paid for the services of the umpire or appraiser
  624  is contingent upon the opinion, conclusion, or valuation reached
  625  by the umpire or appraiser.
  626         626.9940 Grounds for discretionary denial, suspension, or
  627  revocation of a license as a property insurance appraisal umpire
  628  or property insurance appraiser.—
  629         (1) In addition to the applicable grounds set forth in s.
  630  626.621, the department may deny an application for and suspend,
  631  revoke, or refuse to renew or continue a license as a property
  632  insurance appraisal umpire if the applicant or licensee has:
  633         (a) Failed to timely communicate with the appraisers
  634  without good cause.
  635         (b) Failed or refused to exercise reasonable diligence in
  636  submitting recommendations to the appraisers.
  637         (c) Violated any ethical standard for property insurance
  638  appraisal umpires set forth in s. 626.9941.
  639         (d) Failed to inform the department in writing within 30
  640  days after pleading guilty or nolo contendere to, or being
  641  convicted or found guilty of, any felony.
  642         (e) Failed to timely notify the department of any change in
  643  business location, or has failed to fully disclose all business
  644  locations from which he or she operates as a property insurance
  645  appraisal umpire.
  646         (2) In addition to the applicable grounds set forth in s.
  647  626.621, the department may deny an application for and suspend,
  648  revoke, or refuse to renew or continue a license as a property
  649  insurance appraiser if the applicant or licensee has:
  650         (a) Violated any ethical standard for property insurance
  651  appraisal umpires set forth in s. 626.9942.
  652         (b) Failed to inform the department in writing within 30
  653  days after pleading guilty or nolo contendere to, or being
  654  convicted or found guilty of, any felony.
  655         (c) Failed to timely notify the department of any change in
  656  business location, or has failed to fully disclose all business
  657  locations from which he or she operates as a property insurance
  658  appraisal umpire.
  659         626.9941 Ethical standards for property insurance appraisal
  660  umpires.—
  661         (1) CONFIDENTIALITY.—An umpire shall maintain
  662  confidentiality of all information revealed during an appraisal
  663  except where disclosure is required by law.
  664         (2) RECORDKEEPING.—An umpire shall maintain confidentiality
  665  in the storage and disposal of records and may not disclose any
  666  identifying information when materials are used for research,
  667  training, or statistical compilations.
  668         (3) FEES AND EXPENSES.—An umpire holds a position of trust.
  669  Fees charged for appraisal services shall be reasonable and
  670  consistent with the nature of the case. An umpire shall be
  671  guided by the following general principles in determining fees:
  672         (a) Any charges for services as an umpire based on time may
  673  not exceed actual time spent or allocated;
  674         (b) Charges for costs shall be for those actually incurred;
  675  and
  676         (c) An umpire may not charge, agree to, or accept as
  677  compensation or reimbursement any payment, commission, or fee
  678  that is based on a percentage basis, or that is contingent upon
  679  arriving at a particular value or any future happening or
  680  outcome of the assignment.
  681         (4) MAINTENANCE OF RECORDS.—An umpire shall maintain
  682  records necessary to support charges for services and expenses,
  683  and upon request shall provide an accounting of all applicable
  684  charges to the parties.
  685         (5) ADVERTISING.—An umpire may not engage in marketing
  686  practices that contain false or misleading information. An
  687  umpire shall ensure that any advertisements of the umpire’s
  688  qualifications, services to be rendered, or the appraisal
  689  process are accurate and honest. An umpire may not make claims
  690  of achieving specific outcomes or promises implying favoritism
  691  for the purpose of obtaining business.
  692         (6) INTEGRITY AND IMPARTIALITY.—An umpire may not accept
  693  any engagement, provide any service, or perform any act that
  694  would compromise the umpire’s integrity or impartiality.
  695         (7) SKILL AND EXPERIENCE.—An umpire shall decline an
  696  appointment or selection, withdraw, or request appropriate
  697  assistance when the facts and circumstances of the appraisal are
  698  beyond the umpire’s skill or experience.
  699         626.9942 Retention of records.—An umpire or appraiser
  700  licensed under this part shall retain for at least 5 years
  701  original or true copies of any contracts engaging the umpire’s
  702  services, appraisal reports, and supporting data assembled and
  703  formulated by the umpire in preparing appraisal reports. The
  704  period for retaining the records applicable to each engagement
  705  starts on the date of the submission of the appraisal report to
  706  the client. These records must be made available by the umpire
  707  or appraiser for inspection and copying by the department upon
  708  reasonable notice to the umpire. If an appraisal has been the
  709  subject of, or has been admitted as evidence in, a lawsuit,
  710  reports and records must be retained for at least 2 years after
  711  the date the trial ends.
  712         626.9943 Ethical standards for property insurance
  713  appraisers.—
  714         (1) INTEGRITY AND IMPARTIALITY.—
  715         (a) A licensed appraiser may not accept an appointment
  716  unless he or she can serve impartially; can serve independently
  717  from the party appointing him or her; is competent to serve; and
  718  is available to promptly commence the appraisal, and thereafter
  719  devote the time and attention for its completion that the
  720  parties are reasonably entitled to expect.
  721         (b) A licensed appraiser shall conduct the appraisal
  722  process in a manner that advances the fair and efficient
  723  resolution of the matters submitted for decision. A licensed
  724  appraiser shall make all reasonable efforts to prevent delays in
  725  the appraisal process, the harassment of parties or other
  726  participants, or other abuse or disruption of the appraisal
  727  process.
  728         (c) Once a licensed appraiser has accepted an appointment,
  729  the appraiser may not withdraw or abandon the appointment unless
  730  compelled to do so by unanticipated circumstances that would
  731  render it impossible or impracticable to continue.
  732         (d) The licensed appraiser shall, after careful
  733  deliberation, decide all issues submitted for determination and
  734  no other issues. A licensed appraiser shall decide all matters
  735  justly, exercising independent judgment, and may not allow
  736  outside pressure to affect the decision. An appraiser may not
  737  delegate the duty to decide to any other person.
  738         (2) COMMUNICATIONS WITH PARTIES.—
  739         (a) If an agreement of the parties establishes the manner
  740  or content of the communications between the appraisers and the
  741  parties, the appraiser shall abide by such agreement. In the
  742  absence of agreement, an appraiser may not discuss a proceeding
  743  with any party in the absence of any other party, except in the
  744  following circumstances:
  745         1. If the appointment of the appraiser is being considered,
  746  the prospective appraiser may ask about the identities of the
  747  parties, counsel, and the general nature of the case, and may
  748  respond to inquiries from a party or its counsel designed to
  749  determine his or her suitability and availability for the
  750  appointment;
  751         2. To consult with the party who appointed the appraiser
  752  concerning the selection of a neutral umpire;
  753         3. To make arrangements for any compensation to be paid by
  754  the party who appointed the appraiser; or
  755         4. To make arrangements for obtaining materials and
  756  inspection of the property with the party who appointed the
  757  appraiser. Such communication is limited to scheduling and the
  758  exchange of materials.
  759         (b) There may be no communications whereby a party dictates
  760  to an appraiser what the result of the proceedings must be, what
  761  matters or elements may be included or considered by the
  762  appraiser, or what actions the appraiser may take.
  763         (3) GIFTS AND SOLICITATION.—An appraiser may not give or
  764  accept any gift, favor, loan, or other item of value in an
  765  appraisal process except for their reasonable fee. During the
  766  appraisal process, an appraiser may not solicit or otherwise
  767  attempt to procure future professional services.
  768         (4) FEES and EXPENSES.—An appraiser holds a position of
  769  trust. Fees charged for appraisal services shall be reasonable
  770  and consistent with the nature of the case. An appraiser shall
  771  be guided by the following general principles in determining
  772  fees:
  773         (a) Any charges for services as an appraiser based on time
  774  may not exceed the actual time spent or allocated; and
  775         (b) Charges for costs shall be only for those costs
  776  actually incurred.
  777         (5) MAINTENANCE OF RECORDS.—An appraiser shall maintain
  778  records to support charges for services, fees, and expenses, and
  779  upon request shall provide an accounting of all applicable
  780  charges to the parties.
  781         (6) ADVERTISING.—An appraiser may not engage in marketing
  782  practices that contain false or misleading information. An
  783  appraiser shall ensure that any advertisements of the
  784  appraiser’s qualifications, services to be rendered, or the
  785  appraisal process are accurate and honest. An appraiser may not
  786  make claims of achieving specific outcomes or promises implying
  787  favoritism for the purpose of obtaining business.
  788         (7) SKILL AND EXPERIENCE.—An appraiser shall decline an
  789  appointment or selection, withdraw, or request appropriate
  790  assistance when the facts and circumstances of the appraisal are
  791  beyond the appraiser’s skill or experience.
  792         Section 7. Section 627.4141, Florida Statutes, is created
  793  to read:
  794         627.4141 Residential or commercial property insurance loss
  795  appraisal.—A residential or commercial residential property
  796  insurance contract must provide that either party may submit a
  797  written demand to enter into the process of appraisal if the
  798  insured and the insurer fail to mutually agree as to the actual
  799  cash value, the amount of loss, or the cost of repair or
  800  replacement of property for which a claim has been filed, that
  801  process shall be governed by this section. The insurer may
  802  refuse to accept the demand only if the insured materially fails
  803  to comply with the proof-of-loss obligations of the insured as
  804  set forth in the policy conditions. The insurer is deemed to
  805  have waived its right to demand an appraisal if it fails to
  806  invoke an appraisal within 30 days after the insured
  807  substantially complies with the proof-of-loss obligation as set
  808  forth in the policy conditions.
  809         (1) Each party shall select a competent, licensed, and
  810  independent appraiser and notify the other party of the
  811  appraiser selected within 20 days after the date of the demand
  812  for an appraisal. The appraisers shall select a competent,
  813  independent, and impartial umpire who is on the department’s
  814  list of licensed property insurance appraisal umpires or who is
  815  otherwise qualified and exempt from licensure as provided in s.
  816  626.112(10). If the appraisers are unable to agree on an umpire
  817  within 15 days, the insured or the insurer may file a petition
  818  with a county or circuit court in the jurisdiction in which the
  819  covered property is located to designate a licensed property
  820  insurance appraisal umpire for the appraisal.
  821         (2) Appraisal proceedings are informal unless the insured
  822  and the insurer mutually agree otherwise. For purposes of this
  823  section, “informal” means that no formal discovery shall be
  824  conducted, including depositions, interrogatories, requests for
  825  admission, or other forms of formal civil discovery; no formal
  826  rules of evidence shall be applied; and no court reporter shall
  827  be used for the proceedings. However, either appraiser may rely
  828  on experts in reaching the value of loss.
  829         (3) Within 60 days after being appointed, each appraiser
  830  shall appraise the loss and submit a written report to the other
  831  appraiser, separately stating the cost of the loss, the actual
  832  cash value, or the cost to repair or replace each item. Within
  833  30 days after submitting the reports, the appraisers shall
  834  attempt to resolve any differences in the appraisals and reach a
  835  mutual agreement on all matters. If the appraisers are unable to
  836  agree, they shall, within 5 days, submit the differences in
  837  their findings in writing to the umpire. However, the appraisers
  838  have an additional 60 days after appointment to appraise the
  839  loss and submit a written report if the loss is covered under a
  840  commercial property insurance policy and the insured structure
  841  is 10,000 square feet or more, or is covered under a commercial
  842  residential or residential insurance policy and the claim is
  843  based on and made subsequent to a hurricane designated by the
  844  National Hurricane Center or a declared emergency by the
  845  Governor.
  846         (4) The umpire shall review any differences in appraisals
  847  submitted by the appraisers and determine the amount of the loss
  848  for each item submitted. Within 10 days after receipt of any
  849  differences in appraisals, the umpire shall submit the umpire’s
  850  conclusions in writing to each appraiser.
  851         (5) If either appraiser agrees with the conclusions of the
  852  umpire, an itemized written appraisal award signed by the umpire
  853  and the appraiser shall be filed with the insurer and shall
  854  determine the amount of the loss.
  855         (6) The appraisal award is binding on the insurer and the
  856  insured with regard to the amount of the loss. If the insurance
  857  policy so provides, the insurer may assert that there is no
  858  coverage under the policy for the loss as a whole or that there
  859  has been a violation of the policy conditions with respect to
  860  fraud, lack of notice, or failure to cooperate.
  861         (7) Each appraiser shall be paid by the party who selects
  862  the appraiser and the expenses of the appraisal and fees of the
  863  umpire shall be paid by the parties equally, except that if the
  864  final determination of the amount of the loss is 50 percent
  865  greater than the insurer’s preappraisal estimate of the loss
  866  communicated to the insured in writing, the insurer shall pay
  867  all the expenses, including any fees and expenses charged by the
  868  insured’s appraiser and all fees and expenses of the umpire.
  869  This subsection does not affect an insured’s claim for
  870  attorney’s fees under s. 627.428.
  871         (8) The provisions of the Florida Arbitration Code do not
  872  apply to residential and commercial residential property
  873  insurance loss appraisal proceedings. However, the provisions
  874  regarding proceedings to compel and stay arbitration in s.
  875  682.03; procedures for correcting, vacating, or modifying an
  876  award in ss. 682.10, 682.13, and 682.14; procedures for entry of
  877  judgment on the award in s. 682.15; and procedures regarding
  878  confirmation of an award in s. 682.12 do apply.
  879         (9) The appraisal process may not address issues involving
  880  whether or not the loss or damage is covered under the terms of
  881  the insurance contract. However, the appraisers and the umpire
  882  may consider causation issues, if necessary, to determine the
  883  amount of loss.
  884         Section 8. Subsection (3) of section 626.172, Florida
  885  Statutes, is amended to read:
  886         626.172 Application for insurance agency license.—
  887         (3) The department shall issue a registration as an
  888  insurance agency to any agency that files a written application
  889  with the department and qualifies for registration. The
  890  application for registration shall require the agency to provide
  891  the same information required for an agency licensed under
  892  subsection (2), the agent identification number for each owner
  893  who is a licensed agent, proof that the agency qualifies for
  894  registration as provided in s. 626.112(9)(7), and any other
  895  additional information that the department determines is
  896  necessary in order to demonstrate that the agency qualifies for
  897  registration. The application must be signed by the owner or
  898  owners of the agency. If the agency is incorporated, the
  899  application must be signed by the president and the secretary of
  900  the corporation. An agent who owns the agency need not file
  901  fingerprints with the department if the agent obtained a license
  902  under this chapter and the license is currently valid.
  903         (a) If an application for registration is denied, the
  904  agency must file an application for licensure no later than 30
  905  days after the date of the denial of registration.
  906         (b) A registered insurance agency must file an application
  907  for licensure no later than 30 days after the date that any
  908  person who is not a licensed and appointed agent in this state
  909  acquires any ownership interest in the agency. If an agency
  910  fails to file an application for licensure in compliance with
  911  this paragraph, the department shall impose an administrative
  912  penalty in an amount of up to $5,000 on the agency.
  913         (c) Sections 626.6115 and 626.6215 do not apply to agencies
  914  registered under this subsection.
  915         Section 9. Subsection (2) of section 626.7845, Florida
  916  Statutes, is amended to read:
  917         626.7845 Prohibition against unlicensed transaction of life
  918  insurance.—
  919         (2) Except as provided in s. 626.112(8)(6), with respect to
  920  any line of authority specified in s. 626.015(10), no individual
  921  shall, unless licensed as a life agent:
  922         (a) Solicit insurance or annuities or procure applications;
  923         (b) In this state, engage or hold himself or herself out as
  924  engaging in the business of analyzing or abstracting insurance
  925  policies or of counseling or advising or giving opinions to
  926  persons relative to insurance or insurance contracts other than:
  927         1. As a consulting actuary advising an insurer; or
  928         2. As to the counseling and advising of labor unions,
  929  associations, trustees, employers, or other business entities,
  930  the subsidiaries and affiliates of each, relative to their
  931  interests and those of their members or employees under
  932  insurance benefit plans; or
  933         (c) In this state, from this state, or with a resident of
  934  this state, offer or attempt to negotiate on behalf of another
  935  person a viatical settlement contract as defined in s. 626.9911.
  936         Section 10. Section 626.8305, Florida Statutes, is amended
  937  to read:
  938         626.8305 Prohibition against the unlicensed transaction of
  939  health insurance.—Except as provided in s. 626.112(8)(6), with
  940  respect to any line of authority specified in s. 626.015(6), no
  941  individual shall, unless licensed as a health agent:
  942         (1) Solicit insurance or procure applications; or
  943         (2) In this state, engage or hold himself or herself out as
  944  engaging in the business of analyzing or abstracting insurance
  945  policies or of counseling or advising or giving opinions to
  946  persons relative to insurance contracts other than:
  947         (a) As a consulting actuary advising insurers; or
  948         (b) As to the counseling and advising of labor unions,
  949  associations, trustees, employers, or other business entities,
  950  the subsidiaries and affiliates of each, relative to their
  951  interests and those of their members or employees under
  952  insurance benefit plans.
  953         Section 11. Paragraph (a) of subsection (2) of section
  954  626.8411, Florida Statutes, is amended to read:
  955         626.8411 Application of Florida Insurance Code provisions
  956  to title insurance agents or agencies.—
  957         (2) The following provisions of part I do not apply to
  958  title insurance agents or title insurance agencies:
  959         (a) Section 626.112(9)(7), relating to licensing of
  960  insurance agencies.
  961         Section 12. This act shall take effect July 1, 2011.