Robert L. Buck, Esquire, P.A.; The agency is unaware of what is referred to as a “cosmetic check” and unaware of any property insurance policy provision that addresses “cosmetic” perils. Section 626.860, Florida Statutes, exempts licensed attorneys ...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that the Department of Financial Services has declined to rule on the petition for declaratory statement filed by Robert L. Buck, Esquire, P.A. on February 28, 2012. The following is a summary of the agency’s declination of the petition:

The agency is unaware of what is referred to as a “cosmetic check” and unaware of any property insurance policy provision that addresses “cosmetic” perils. Section 626.860, Florida Statutes, exempts licensed attorneys from being required to obtain and maintain a public adjuster’s license to adjust insurance claims, so the question asked is both moot and hypothetical. Declaratory Statements are to be issued to when there are set facts and the need for resolution of the matter. Those conditions are not present in this matter. Because Robert L. Buck, has the legal ability to adjust insurance claims, any statutes applicable to public adjusting are not applicable to him, and in the adjustment of insurance claims Robert L. Buck is governed by the rules of the Florida Bar and not the Department.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Michael Davidson, Assistant General Counsel, Department of Financial Services, Division of Legal Services, 200 East Gaines Street, Tallahassee, Florida 32399-0333.