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The Knock on the Door

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All too often, my office receives calls from consumers with a familiar story of “this nice person knocked on my door and promised me I could get a free roof …and I got a gift card for just letting them on my roof!”  And then the consumer goes on to talk about how they regret the decision, they didn’t know what they signed, and are caught in either a lawsuit they don’t want to be in or at odds with their insurance company for reasons they don’t understand.  This pattern and practice happens over and over again and the Florida Legislature this past session decided in Senate Bill 76 and Senate Bill 1598 to put up some guardrails around what I call “The Knock on the Door.” 

For starters, Senate Bill 1598 says (with the bill’s line numbers noted):

269 (15) A licensed contractor under part I of chapter 489, or

270 a subcontractor of such licensee, may not advertise, solicit,

271 offer to handle, handle, or perform public adjuster services as

272 provided in s. 626.854(1) adjust a claim on behalf of an insured

273 unless licensed and compliant as a public adjuster under this

274 chapter.

 

286 (19) Except as otherwise provided in this chapter, no

287 person, except an attorney at law or a licensed public adjuster,

288 may for money, commission, or any other thing of value, directly

289 or indirectly:

290 (a) Prepare, complete, or file an insurance claim for

291 insured or a third-party claimant;

292 (b) Act on behalf of or aid an insured or a third-party

293 claimant in negotiating for or effecting the settlement of a

294 claim for loss or damage covered by an insurance contract;

295 (c) Offer to initiate or negotiate a claim on behalf of an

296 insured;

297 (d) Advertise services that require a license for

298 employment as a public adjuster; or

299 (e) Solicit, investigate, or adjust a claim on behalf of

300 a public adjuster, an insured, or a third-party claimant.

301 (20) The department may take administrative actions and

302 impose fines against any persons performing claims adjusting,

303 soliciting, or any other services described in this section

304 without the licensure….

In addition, the 44 page Senate Bill 76 has similar and stronger language and adds that a contractor or public adjuster may receive up to a $10,000 fine for each violation of the solicitation provisions of the new law.  The bill is specific to Chapter 489 dealing with contractors overseen by the Department of Business and Professional Regulation (DBPR) and Chapter 626 dealing with public adjusters overseen by the Department of Financial Services (DFS).  Neither Senate Bill 76 nor Senate Bill 1598 have been presented to the Governor as of this writing.

The fact that solicitation prohibition language is in two bills reminds me of the old adage, “Anything worth saying is worth repeating!”  We applaud CFO Patronis and his team for championing these consumer safeguards and will await further instruction from DFS and DBPR on how they plan to enforce these new laws when, we hope, the Governor signs both bills.  In the meantime, I am suggesting that each of you carefully review these two bills for your thorough understanding and refer those that call you with the familiar stories about “the knock on the door” to the appropriate regulatory authority.  I am happy to volunteer my time to help consumers too, who are struggling with the unintended consequences of the familiar knock.

Next up is lots of relevant stories and good information for your reading pleasure, including a real life story of homeowner fraud where the alleged scammers are arrested.  Remember, I’m a phone call or email away.  Have a great week!

LMA Newsletter of 5-17-21

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Tags: Claims Litigation, Claims Solicitation, Contractor Fraud, Contractor Services, Florida Senate Bill 1598, Florida Senate Bill 76, Public Adjusters

“Thank you Lisa for staying on top of, as well as advocating, for Florida residents and legislative reform. Your newsletters are very informative and enjoy reading the points of view.”  

Shawna Miller, Sr. Claims Quality Assurance & Compliance Manager
Florida Peninsula Insurance Company
Jacksonville, FL

“Lisa this is another great newsletter, and we appreciate the time and energy you put into these informative updates – you are on top of these topics!”

Mike Graham, CEO
Smart Vent Products, Floodproofing.com, & Risk Reduction Plus
Juno Beach, FL

“Your newsletter is fabulous!  I greatly appreciate the topics you expose, so that insurance professionals like myself can keep up with the latest events that affect the public we serve and ourselves.”

Cynthia Hoehn, Independent Property & Casualty Personal Lines insurance agent
Clermont, FL

“Another great Newsletter on Florida industry this week.  Your service and advocacy in Florida is very important to keeping me updated and apprised of the Florida insurance laws, trends and overall environment.  Something similar is very much needed in Louisiana, too.”

Jennifer Tedesco, Esq., Claims Director
Pharos Claims Services
Orlando, FL

“Lisa Miller is a true champion for the insurance industry, with her regular updates! We appreciate all you do and keeping us up to date on priority issues!”

Gillian Lloyd, Account Executive
Zywave
Milwaukee, WI

“Great article on Risk Rating 2.0!”

Austin Perez, Senior Policy Representative for Federal Housing, Valuation, Insurance and Commercial Issues
National Association of Realtors
Washington, D.C.

“I have followed your weekly newsletter and podcasts and now have a full appreciation for what you bring to this industry.  You are an inspiring force, plain and simple.  I wanted you to know that you make a difference.  Thank you for all you do!”

Jeffrey Karam, CPCU
Bradenton, FL

“Just a quick note to let you know how much I have appreciated your newsletter over the years and the assistance they offer for those in the field of claims. We depend on the information more than you will ever know!”

Laurie Rasberry, Chief Claims Officer
Acorn Claims
Prosper, Texas

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Cynthia Scott, President
University Insurance Group
Davie, FL

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