Florida HB 427: Independent Living Services
Status: Laid on Table; companion bill(s) passed, see SB 794 (Ch. 2021-78) (as of 2021-04-27)
State: Florida · Session: 2021 · Bill: HB 427
Subjects: subject index
Sponsors: Persons-Mulicka, Tant
Bill Text
HB 427 2026 CODING: Words stricken are deletions; words underlined are additions. hb427-00 Page 1 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to public adjuster contracts; amending 2 s. 626.854, F.S.; authorizing certain persons to 3 rescind a contract for public adjuster services; 4 amending s. 626.8698, F.S.; clarifying the acts that 5 may subject a public adjuster or public adjuster 6 apprentice to discipline; amending s. 626.8796, F.S.; 7 authorizing certain persons to rescind a contract for 8 public adjuster services; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (7) of section 626.854, Florida 13 Statutes, is amended to read: 14 626.854 "Public adjuster" defined; prohibitions.—The 15 Legislature finds that it is necessary for the protection of the 16 public to regulate public insurance adjusters and to prevent the 17 unauthorized practice of law. 18 (7)(a) An insured or a claimant may cancel a public 19 adjuster's contract to adjust a claim without penalty or 20 obligation within 10 days after the date on which the contract 21 is executed. If the contract was entered into based on events 22 that are the subject of a declaration of a state of emergency by 23 the Governor, an insured or a claimant may cancel the public 24 adjuster's contract to adjust a claim without penalty or 25 HB 427 2026 CODING: Words stricken are deletions; words underlined are additions. hb427-00 Page 2 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S obligation within 30 days after the date of loss or 10 days 26 after the date on which the contract is executed, whichever is 27 longer. The public adjuster's contract must contain the 28 following language in minimum 18-point bold type immediately 29 before the space reserved in the contract for the signature of 30 the insured or claimant: 31 32 "You, the insured, may cancel this contract for any 33 reason without penalty or obligation to you within 10 34 days after the date of this contract. If this contract 35 was entered into based on events that are the subject 36 of a declaration of a state of emergency by the 37 Governor, you may cancel this contract for any reason 38 without penalty or obligation to you within 30 days 39 after the date of loss or 10 days after the date on 40 which the contract is executed, whichever is longer. 41 You may also cancel the contract without penalty or 42 obligation to you if I, as your public adjuster, fail 43 to provide you and your insurer a copy of a written 44 estimate within 60 days of the execution of the 45 contract, unless the failure to provide the estimate 46 within 60 days is caused by factors beyond my control, 47 in accordance with s. 627.70131(5)(a)2., Florida 48 Statutes. The 60-day cancellation period for failure 49 to provide a written estimate shall cease on the date 50 HB 427 2026 CODING: Words stricken are deletions; words underlined are additions. hb427-00 Page 3 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S I have provided you with the written estimate." 51 52 The notice of cancellation must shall be provided to ...(name of 53 public adjuster)..., submitted in writing and sent by certified 54 mail, return receipt requested, or other form of mailing that 55 provides proof thereof, at the address specified in the 56 contract. 57 (b) Notwithstanding any other provision of this chapter, 58 an insured who is a vulnerable adult or who lacks capacity to 59 consent, as those terms are defined in s. 415.102, or the legal 60 representative of such insured persons, may rescind a contract 61 for public adjuster services to adjust a claim at any time 62 without penalty or further obligation. 63 Section 2. Section 626.8698, Florida Statutes, is amended 64 to read: 65 626.8698 Disciplinary guidelines for public adjusters and 66 public adjuster apprentices.—The department may deny, suspend, 67 or revoke the license of a public adjuster or public adjuster 68 apprentice, and administer a fine not to exceed $5,000 per act, 69 for any of the following acts: 70 (1) Violating any provision of this chapter or a rule or 71 order of the department.; 72 (2) Receiving payment or anything of value as a result of 73 an unfair or deceptive practice.; 74 (3) Receiving or accepting any fee, kickback, or other 75 HB 427 2026 CODING: Words stricken are deletions; words underlined are additions. hb427-00 Page 4 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S thing of value pursuant to any agreement or understanding, oral 76 or otherwise; entering into a split-fee arrangement with another 77 person who is not a public adjuster; or being otherwise paid or 78 accepting payment for services that have not been performed.; 79 (4) Violating s. 316.066 or s. 817.234.; 80 (5) Soliciting or otherwise taking advantage of a person 81 who is a vulnerable adult, as defined is s. 415.10
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