Conduct of Public Adjusters, Ethical Requirements

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agents and Agency Services

RULE NOS.:RULE TITLES:

69B-220.051Conduct of Public Adjusters

69B-220.201Ethical Requirements

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 164, August 22, 2014 issue of the Florida Administrative Register.

A. 69B-220.051

In paragraph (2)(a), the word “return” has been changed to “payment.”

In paragraph (3)(a), the words “and guidance” have been added after the words “direct supervision.”

In paragraph (4)(a), the words “the Florida Insurance Code” have been changed to “Parts I, VI, and IX of Chapter 626, F.S.”

When adopted, paragraph (4)(b) will read: 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.

In paragraph (4)(c), the words “the rules of the Department and the Florida Insurance Code” have been changed to “Rules 69B-220.051 and 69B-220.201, F.A.C., and Parts I, VI, and IX of Chapter 626, F.S.”

In subsection (5), the words “the terms required by Sections 626.854 and 626.8796, F.S., and” have been added after the word “contain.”

In paragraph (5)(a), the words “if available” have been added after the words “phone number.”

In paragraph (5)(c), the words “to include the actual date and cause of loss or, if not known with certainty, the approximate date and assumed nature of the event causing the loss (i.e., windstorm, fire, sinkhole, or other peril) to the best of the public adjuster’s ability” have been deleted.

In paragraph (5)(d), the words “if available” have been added after “policy number.”

 

B. 69B-220.201

Paragraphs numbered (3)(g), (h), (j), (n), (q), and (r) have been deleted.

When adopted, subsection (4) will read: Public Adjusters, Other Ethical Constraints. In addition to the ethical requirements found in Part VI of Chapter 626, F.S., and those set out above in subsection (3) for all adjusters, the following ethical considerations are specific to public adjusters and shall be binding upon public adjusters.

Paragraph (5)(d) has been deleted.