Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 76
Ì736434+Î736434
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2021 .
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The Committee on Judiciary (Polsky) recommended the following:
1 Senate Amendment to Amendment (280944) (with title
2 amendment)
3
4 Between lines 5 and 6
5 insert:
6 Section 1. Subsection (9) of section 626.112, Florida
7 Statutes, is amended to read:
8 626.112 License and appointment required; agents, customer
9 representatives, adjusters, insurance agencies, service
10 representatives, managing general agents.—
11 (9) Any person who knowingly transacts insurance or
12 otherwise engages in insurance activities in this state without
13 a license in violation of this section or who knowingly aids or
14 abets an unlicensed person in transacting insurance or otherwise
15 engaging in insurance activities in this state without a license
16 commits a felony of the third degree, punishable as provided in
17 s. 775.082, s. 775.083, or s. 775.084.
18 Section 2. Section 626.5813, Florida Statutes, is created
19 to read:
20 626.5813 Claims adjusting.—
21 (1)(a) As used in this section, the term “claims adjusting”
22 means directly or indirectly:
23 1. Attempting or undertaking to ascertain and determine the
24 amount of any claim, loss, or damage payable under an insurance
25 contract or undertaking to negotiate or effect settlement of a
26 claim, loss, or damage under an insurance contract, if such
27 action results in payment to or receipt of money, commission, or
28 any other thing of value by the party or parties rendering such
29 service or persons affiliated with such party or parties; or
30 2. Soliciting services as described in subparagraph 1. or
31 soliciting an insured or policyholder to file an insurance
32 claim.
33 (b) The term does not include:
34 1. Paid services as a spokesperson used as part of a
35 written or an electronic advertisement.
36 2. Paid services as a photographer or videographer used to
37 capture images of damage.
38 3. Paid services to inventory personal property or business
39 personal property.
40 4. Discussion or explanation of a bid for construction or
41 repair services by a licensed contractor under part I of chapter
42 489, or a subcontractor for a licensed contractor, with a
43 property owner or the insurer of the property.
44 (2) Except for a duly licensed attorney at law as exempted
45 under s. 626.860 or an agent as exempted under s. 626.862, a
46 person may not provide claims adjusting services unless licensed
47 and appointed as an adjuster under this part.
48 (3) The department may take administrative action and
49 impose fines against any persons performing claims adjusting,
50 soliciting, marketing, or any other services under this section
51 or s. 626.854 without the licensure required under s. 626.112 or
52 s. 626.854.
53
54 ================= T I T L E A M E N D M E N T ================
55 And the title is amended as follows:
56 Delete line 486
57 and insert:
58 626.112, F.S.; providing a criminal penalty for aiding
59 or abetting unlicensed activity; creating s. 626.5813,
60 F.S.; defining the term “claims adjusting”;
61 prohibiting a person from providing claims adjusting
62 services unless the person meets specified
63 requirements; authorizing the department to take
64 administrative actions and impose fines against
65 persons performing specified activities without
66 licensure; amending s. 626.9373, F.S.; providing that,
67 for certain attorney