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FLORIDA STATUTES


(1) Violating any provision of this chapter or a rule or order of the office or commission; (2) Receiving payment or anything of value as a result of an unfair or deceptive practice; (3) Receiving or accepting any fee, kickback, or other thing of value pursuant to any agreement or understanding, oral or otherwise; entering into a split-fee arrangement with another person who is not a pubic adjuster; or being otherwise paid or accepting payment for services that have not been performed; (4) Violating s. 316.066 or s. 817.234; (5) Soliciting or otherwise taking advantage of a person who is vulnerable, emotional, or otherwise upset as the result of a trauma, accident, or other similar occurrence; or (6) Violating any ethical rule of the department.


626.870 Application for license. (1) Application for a license under this part shall be made as provided in s. 626.171 and related sections of this code. (2) The department shall so prepare the form of the application as to elicit and require from the applicant the information necessary to enable the department to determine whether the applicant possesses the qualifications prerequisite to issuance of the license to the applicant. (3) The department may, in its discretion, require that the application be supplemented by the certificate of affidavit of such person or persons as it deems necessary for its determination of the applicant’s residence, business reputation, and reputation for trustworthiness. The department shall prescribe and may furnish the forms for such certificates and affidavits.


626.871 Reappointment after military service. The department may, without requiring a further written examination, issue an appointment as an adjuster to a formerly licensed and appointed adjuster of this state who held a current adjuster’s appointment at the time of entering service in the Armed Forces of the United States, subject to the following conditions: (1) The period of military service must not have been in excess of 3 years; (2) The application for the appointment must be filed with the department and the applicable fee paid, within 12 months following the date of honorable discharge of the applicant from the military service; and (3) The new appointment will be of the same type and class as that currently effective at the time the applicant entered military service; but, if such type and class of appointment is not being currently issued under this code, the new appointment shall be of that type and class or classes most closely resembling those of the former appointment.


626.872 Temporary license. (1) The department may, in its discretion, issue a temporary license as an independent adjuster or as a company employee adjuster, subject to the following conditions: (a) The applicant must be an employee of an adjuster currently licensed by the department, an employee of an authorized insurer, or an employee of an established adjusting firm or corporation which is supervised by a currently licensed independent adjuster. (b) The application must be accompanied by a certificate of employment and a report as to the applicant’s integrity and moral character on a form prescribed by the department and executed by the employer. (c) The applicant must be a natural person of at least 18 years of age, must be a bona fide resident of this state, must be trustworthy, and must have such business reputation as would reasonably assure that the applicant will conduct his or her business as an adjuster fairly and in good faith and without detriment to the public. (d) The applicant’s employer is responsible for the adjustment acts of any licensee under this section. (e) The applicable license fee specified must be paid before issuance of the temporary license. (f) The temporary license shall be effective for a period of 1 year, but subject to earlier termination at the request of the employer, or if the licensee fails to take an examination as an independent adjuster or company employee adjuster within 6 months after issuance of the temporary license, or if suspended or revoked by the department.


(2) If during the 1-year temporary license period the applicant passes the examination as for a regular license, the temporary license shall continue in effect as a regular license, but subject to expiration, renewal, or continuation, if the licensee remains continuously employed as referred to in paragraph (1)(a), under the supervision of a licensed adjuster or as an employee of an authorized insurer. (3) An adjuster licensed under this section may not adjust losses in this state after expiration of the temporary license without having been issued a regular adjuster’s license. (4) Under the temporary license, the license shall have the authority to handle only such classes of business as his or her supervising adjuster is licensed to handle, except that the temporary licensee shall not be permitted by his or her employer to negotiate settlements with the insured or claimant for amounts in excess of $20,000.


2012 Jacksonville Claims Association Resource Guide 133


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