Florida Administrative Code
69 - DEPARTMENT OF FINANCIAL SERVICES
69B - Division of Insurance Agent and Agency Services
Chapter 69B-220 - ADJUSTERS
Section 69B-220.001 - Licensure of Emergency Adjusters
Universal Citation: FL Admin Code R 69B-220.001
Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. For purposes of this rule, the following definitions shall apply:
(a) "Department" means the Department of
Financial Services.
(b) "Licensed
adjuster" means those persons currently licensed in good standing by the
Department as a company employee adjuster or independent adjuster, whether the
licensure is permanent resident licensure, permanent nonresident licensure or
emergency licensure pursuant to this rule, and whether limited licensure or all
lines licensure. The term does not include persons licensed as public adjusters
or public adjuster apprentices by the Department or persons licensed as any
type of adjuster or public adjuster by states other than the State of
Florida.
(c) "Emergency" and
"Catastrophe." These two terms as used in Section
626.874, F.S., are synonymous,
and no separate treatment is afforded catastrophe over emergency
adjusters.
(d) "Emergency adjuster"
means a person who is not a licensed adjuster with the Department but who has
been designated and certified to the Department by a Florida authorized
insurer, eligible surplus lines insurer, or licensed independent adjusting firm
as qualified to adjust claims, losses, or damages under policies or contracts
of insurance issued by such insurer in the event of a catastrophe or
emergency.
(2) General Provisions Applicable to All Emergency Adjusters.
(a) Determination that Emergency Exists.
1. For purposes of Section
626.874, F.S., an emergency or
catastrophe exists when, due to a specific, infrequent, and sudden natural or
manmade disaster or phenomenon, that has occurred or is imminent, there are
losses or anticipated losses to insured Florida property, and the losses are,
or likely will be so numerous and severe that resolution of claims related to
such covered property losses may not occur expeditiously without the licensing
of emergency adjusters.
2. When the
Department determines that an emergency or catastrophe exists or is likely to
occur, it shall make available on its website the online emergency adjuster
license application.
(b)
Online applications for emergency adjuster licensure must be accompanied by a
statement from a Florida authorized insurer, eligible surplus lines insurer, or
licensed independent adjusting firm certifying that the emergency adjuster
applicant is qualified to act as an adjuster.
(3) Procedures for Licensing and Appointment of Emergency Adjusters; Responsibilities of Florida Authorized Insurers, Eligible Surplus Lines Insurers, and Licensed Independent Adjusting Firms.
(a) All Florida authorized insurers, eligible
surplus lines insurers, and licensed independent adjusting firms, must use the
following procedures to utilize emergency adjusters. Florida authorized
insurers, eligibile surplus lines insurers, or licensed independent adjusting
firms may utilize emergency adjusters, whether on their staff, engaged by them
as independent contractors, or as employees of a contractor engaged by them, to
engage and cause commencement of emergency adjusting work, although the person
is not currently licensed as an adjuster in Florida, if the Florida authorized
insurer, elibile surplus lines insurer, or licensed independent adjusting firm
utilizing these persons as emergency adjusters determines that these persons
are qualified to do such adjusting work and provides these persons with proof
of authority to represent the insurer. Any person engaged as an emergency
adjuster under this rule must present the proof of authority and a photo ID
upon demand by the insured, the insured's representative, law enforcement
officer, or other government personnel engaged in emergency management for the
condition giving rise to the emergency adjuster's engagement. The Florida
authorized insurer, eligible surplus lines insurer, or licensed independent
adjusting firm must electronically complete and submit to the Department the
Emergency Adjuster License Initial and Extension Application, Form DFS-H2-495,
effective 05/23, which is hereby incorporated by reference, and is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15265.
All applications shall be submitted via the Florida authorized insurer's,
eligible surplus lines insurer's, or licensed independent adjusting firm's
Appointing Entity MyProfile account on the Department's website at
https://dice.fldfs.com/.
Applicable fees shall be submitted by electronic payment at the time of
submission of an online application. Adjusting work shall not begin until an
emergency adjuster license has been issued.
1. The Florida authorized insurer, eligible
surplus lines insurer, or licensed independent adjusting firm that submits the
online application certifies that the emergency adjuster applicant is
qualified, thereby appointing the emergency adjuster applicant to represent
that Florida authorized insurer, eligible surplus lines insurer, or licensed
independent adjusting firm. The appointing entity is bound by the acts of the
emergency adjuster applicant as in the case of any regular (non-temporary or
non-catastrophic) adjuster licensed pursuant to Chapter 626, F.S., appointed by
that Florida authorized insurer, eligible surplus lines insurer, or licensed
independent adjusting firm. This responsibility continues until the Florida
authorized insurer, eligible surplus lines insurer, licensed independent
adjusting firm, or emergency adjuster licensee notifies the Department through
the online appointment system, or the emergency adjuster licensee notifies the
Department through the online application process, that the appointing entity
or emergency adjuster licensee desires to terminate the appointment.
2. The Florida authorized insurer, eligible
surplus lines insurer, or licensed independent adjusting firm that certifies to
the Department that the emergency adjuster applicant is qualified, is
responsible for assuring, by due diligence inquiry, that the emergency adjuster
applicant is in fact qualified to adjust claims, has received training to
adjust claims, and is of good and honest character.
3. If the emergency adjuster application is
incomplete, the Department will notify the emergency adjuster applicant of his
or her deficiencies through his or her individual online account. The emergency
adjuster applicant will have six months from the date of the notification to
respond.
a. If the applicant fails to respond
within six (6) months, the emergency adjuster application will be
closed.
b. If the emergency
adjuster applicant responds within six (6) months, and the Department
determines the applicant is ineligible, the Department will issue a
denial.
(b)
There is an affirmative duty on the Florida authorized insurer, eligible
surplus lines insurer, or licensed independent adjusting firm that certifies to
the Department that the emergency adjuster applicant is qualified to provide
continuing and significant supervision of the emergency adjuster applicant
after licensure.
(c) Emergency
adjuster licenses are valid for six (6) months from the date of issuance of the
emergency license, unless a shorter period of time is specified in the license
as issued. Because emergency licensure is an extraordinary deviation from
regular licensing procedures, it is Department policy to specify, as the
duration of emergency licensure, the shortest possible time in each particular
emergency.
(4) Procedures for Extension of an Emergency Adjuster License. The Department shall grant an extension of emergency adjuster licensure if it determines the emergency or catastrophe conditions still exist. Each extension will last for a period of up to an additional six (6) months.
(a) To apply
for an extension of licensure as an emergency adjuster, the entity requesting a
license extension shall electronically complete and submit to the Department
the Emergency Adjuster License Initial and Extension Application, Form
DFS-H2-495. All applications for an extension shall be submitted through the
Department's website at https://dice.fldfs.com/. Applicable fees
shall be submitted by electronic payment at the time of submission of an online
application for the extension.
(b)
Emergency-Related Losses Only. Licensure as an emergency adjuster shall be used
only for adjustment of losses directly resulting from the emergency regarding
which the license was issued.
(c)
Natural Persons Only. The Department issues emergency adjuster licenses only to
natural persons.
(d) Administrative
and Civil Jurisdiction. By obtaining a license as an emergency adjuster, the
licensee agrees that:
1. The licensee is
subject to all the disciplinary provisions and penalties of the Florida
Insurance Code and the administrative procedures set forth in the Florida
Statutes for the routine processing of such charges;
2. The licensee is subject to the
jurisdiction of the courts of Florida concerning civil liability for all acts
in any way related to the licensee's activities under licensure in
Florida;
3. Jurisdiction for acts
committed prior to licensure or while licensed continues after the emergency
licensure expires or is terminated;
4. If after the license expires or is
terminated, the Department has reason to believe there was a violation of any
provision of the Florida Insurance Code or Division 69B, F.A.C., by the former
licensee while licensed, the Department is not precluded from filing
administrative action against the former licensee.
(e) By the act of obtaining licensure as an
emergency adjuster, a nonresident licensee irrevocably designates the Chief
Financial Officer, and his or her successors in office, as the licensee's
attorney to receive service of all process in any way related to the licensee's
activities as an emergency adjuster.
Rulemaking Authority 624.308 FS. Law Implemented 624.307, 624.501, 626.015, 626.112, 626.207, 626.611, 626.621, 626.681, 626.691, 626.855, 626.856, 626.8584, 626.859, 626.870, 626.8736, 626.874 FS.
New 2-25-93, Amended 8-18-94, 1-7-97, 10-20-97, 1-9-03, Formerly 4-220.001, Amended 9-3-06, 11-9-10, 5-21-23.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
