Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 76
       
       
       
       
       
       
                                Ì790748NÎ790748                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  03/09/2021           .                                
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       The Committee on Judiciary (Polsky) recommended the following:
       
    1         Senate Amendment to Amendment (372938) (with title
    2  amendment)
    3  
    4         Between lines 4 and 5
    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         Between lines 479 and 480
   57  insert:
   58         amending s. 626.112, F.S.; providing a criminal
   59         penalty for aiding or abetting unlicensed activity;
   60         creating s. 626.5813, F.S.; defining the term “claims
   61         adjusting”; prohibiting a person from providing claims
   62         adjusting 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;