Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 76
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/19/2021           .                                

       The Committee on Rules (Brandes) recommended the following:
    1         Senate Amendment to Amendment (670126) (with title
    2  amendment)
    4         Between lines 4 and 5
    5  insert:
    6         Section 1. Section 626.5813, Florida Statutes, is created
    7  to read:
    8         626.5813Claims adjusting.—
    9         (1)(a)As used in this section, the term “claims adjusting”
   10  means directly or indirectly:
   11         1.Attempting or undertaking to ascertain and determine the
   12  amount of any claim, loss, or damage payable under an insurance
   13  contract or undertaking to negotiate or effect settlement of a
   14  claim, loss, or damage under an insurance contract, if such
   15  action results in payment to or receipt of money, commission, or
   16  any other thing of value by the party or parties rendering such
   17  service or persons affiliated with such party or parties; or
   18         2.Soliciting services as described in subparagraph 1. or
   19  soliciting an insured or policyholder to file an insurance
   20  claim.
   21         (b)The term does not include:
   22         1.Paid services as a spokesperson used as part of a
   23  written or an electronic advertisement.
   24         2.Paid services as a photographer or videographer used to
   25  capture images of damage.
   26         3.Paid services to inventory personal property or business
   27  personal property.
   28         4.Discussion or explanation of a bid for construction or
   29  repair services by a licensed contractor under part I of chapter
   30  489, or a subcontractor for a licensed contractor, with a
   31  property owner or the insurer of the property.
   32         (2)Except for a duly licensed attorney at law as exempted
   33  under s. 626.860 or an agent as exempted under s. 626.862, a
   34  person may not provide claims adjusting services unless licensed
   35  and appointed as an adjuster under this part.
   36         (3)The department may take administrative action and
   37  impose fines against any persons performing claims adjusting,
   38  soliciting, marketing, or any other services under this section
   39  or s. 626.854 without the licensure required under s. 626.112 or
   40  s. 626.854.
   41         (4) This section applies only to property lines of
   42  insurance.
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete line 494
   47  and insert:
   48         An act relating to property insurance; creating s.
   49         626.5813, F.S.; defining the term “claims adjusting”;
   50         prohibiting a person from providing claims adjusting
   51         services unless the person meets specified
   52         requirements; authorizing the department to take
   53         administrative actions and impose fines against
   54         persons performing specified activities without
   55         licensure; providing applicability; amending s.