Current through Reg. 50, No. 187; September 24, 2024
(1)
Purpose and Scope. This rule sets forth Department policy as to certain matters
generally affecting public adjusters and public adjuster apprentices. Emergency
adjuster license procedures are contained in Rule
69B-220.001, F.A.C. Ethical
requirements for all types of adjusters are contained in Rule
69B-220.201, F.A.C.
(2) Definitions.
(a) "Compensation" or "remuneration" means
anything of value, whether received directly or indirectly, in payment for
adjusting services performed.
(b)
"Department" means the Florida Department of Financial Services.
(c) "Public adjuster" means those persons
currently licensed and appointed in good standing by the Department as a public
adjuster. The phrase does not include persons licensed as public adjusters by
other states but not by the State of Florida.
(d) "Public adjuster apprentice" means those
persons currently licensed and appointed in good standing by the Department as
a public adjuster apprentice.
(e)
"Unlicensed persons," means those persons who are not currently licensed by the
Department as a public adjuster or public adjuster apprentice.
(f) "Person" includes natural persons and
legal entities.
(g) "Adjusting
services" means the preparation, completion or filing of an insurance claim
with the respective insurer for compensation or remuneration on behalf of an
insured or third party claimant.
(3) Communications Concerning Public Adjuster
Services.
(a) Solicitation. The solicitation
of public adjusting business for compensation is deemed to be a material part
of the business of public adjusting and, therefore, requires licensure under
the laws of Florida and the rules of the Department, and shall be engaged in
only by persons licensed by the Department as a public adjuster or as a public
adjuster apprentice under the direct supervision and guidance of the
supervisory public adjuster. Unlicensed persons shall not engage in such
activity even under the supervision of a licensed public adjuster. The phrase
"solicitation of public adjusting business" means initiating contact with any
person, whether in person, by mail, by telephone, or otherwise, and thereby
seeking, causing, urging, advising, or attempting to have any person enter into
any agreement engaging the services of a public adjuster for adjusting
services.
(b) Answering Telephone
Calls. The answering of incoming telephone calls by unlicensed persons, at the
place of business of a public adjuster, is not considered solicitation or
unlicensed adjusting and is not violative of this rule so long as the
unlicensed persons engage in purely administrative matters and do not
interpret, analyze or explain insurance, an insurance contract, or a public
adjuster contract, or cause, urge, advise or attempt to enter into a contract
for adjusting services.
(4) Advertising.
(a) As with all forms of advertising
concerning the business of insurance, public adjusters shall not falsely inform
or advertise as set forth in Section
626.9541(1)(b),
F.S., as well as any other section within Parts I, VI and IX of Chapter 626,
F.S., that relates to advertising.
(b) Advertisements to Include Licensee's Full
Name and License Number. Any advertisement, in whatever format, by a public
adjuster shall include the full name and license number, as specified in
Department records, of the public adjuster who has caused the advertisement to
appear. Where a firm containing multiple licensed public adjusters is causing
the advertisement to appear, the full name and license number of the designated
primary adjuster as specified in Department records shall appear in the
advertisement.
(c) Responsibility
of Advertising Licensee. The licensed adjuster whose name appears in the
advertisement is responsible for personally reviewing the content of the
advertisement and assuring that the advertisement complies with the Rules
69B-220.051 and
69B-220.201, F.A.C., and Parts
I, VI and IX of Chapter 626, F.S., and is in all regards fair, accurate, and in
no way untruthful, deceptive or misleading.
(d) Use of a Spokesperson. Nothing in this
rule shall prohibit the use of an unlicensed spokesperson as part of a written
or electronic advertisement. However, such advertisements shall disclose that
the party is a paid or unpaid spokesperson, is not licensed and is endorsing
the services of a licensed public adjuster.
(5) Required Contract Terms. Public adjusters
shall ensure that all contracts for their adjusting services contain the terms
required by Sections 626.854 and
626.8796, F.S., and the
following information:
(a) The insured's
phone number, if available.
(b) The
address of loss if different from the insured's current street
address.
(c) A brief description of
the loss.
(d) The insured's
insurance company name and policy number, if available.
(e) All methods of compensation and all fees
or other amounts required to be paid by the insured to the public adjuster
shall be stated in the contract.
(f) Any costs to be reimbursed to the public
adjuster out of the proceeds shall be specified in either the contract or an
addendum to the contract, which shall be signed and dated by the
parties.
(6) The
contract for public adjuster services must be executed by the public adjuster.
A public adjuster apprentice may not execute contracts for the services of a
public adjuster or public adjusting firm. A copy of the contract for public
adjuster services and any addendum thereto, executed by all parties, shall be
provided to the insured or claimant at the time he or she executes the
contract.
(7) A public adjuster
shall not accept a settlement of a claim unless the terms and conditions of the
settlement are approved by the insured or claimant.
(8)
(a)
Pursuant to section 626.8796, F.S., before an
insured executes a contract with a public adjuster, the public adjuster must
provide Form DFS-H1-1982, Claim Process Disclosure Form, to the insured
regarding the claim process. Form DFS-H1-1982, (Eff. 08/23), is hereby
incorporated by reference and available on this link:
http:www.flrules.org/Gateway/reference.asp?No=Ref-16473;
or on the Department's website at
https://www.myfloridacfo.com/division/agents/licensing/forms.
(b) The Claim Process Disclosure Form may
only be modified to include the public adjuster's name, public adjusting firm
name, or contact information; the addition of borders; or changes in font which
do not alter type size. None of the information on the Claim Process Disclosure
Statement may be changed, altered, or deleted.
Rulemaking Authority
624.308(1),
626.878,
626.9611(1) FS.
Law Implemented 624.307(1),
626.112(1)(a),
(3),
626.611,
626.852(2),
626.854,
626.8651,
626.8695(4),
626.878,
626.8795,
626.8796,
626.9541(1)(b),
(i)
FS.
New 4-26-94, Amended 12-18-01, Formerly 4-220.051, Amended
3-27-05, 9-3-06, 1-5-15.
