Amendment SA1-AB357

SENATE AMENDMENT 1, TO ASSEMBLY BILL 357

January 14, 2020 - Offered by Senator Feyen.

AB357-SA1,1,1 At the locations indicated, amend the bill as follows:

AB357-SA1,1,3 1. Page 3, line 10: after “state," insert “of any public adjuster, as defined in s. 629.01 (5),”.

AB357-SA1,1,4 2. Page 3, line 20: delete “to assist" and substitute “on behalf of".

AB357-SA1,1,8 3. Page 4, line 5: delete the material beginning with “is" and ending with “629.02." on line 6 and substitute “engages in adjusting services in this state and, in the case of a person who is not a resident of this state, has registered with the commissioner under s. 629.02 (2), but does not include any of the following:”.

AB357-SA1,1,9 4. Page 4, line 6: after that line insert:

AB357-SA1,1,11 “(a) An attorney admitted to practice in this state while acting in his or her professional capacity as an attorney.

AB357-SA1,2,3 (b) An individual who negotiates or settles claims arising under a life insurance policy, a disability insurance policy, as defined in s. 645.675 (1) (h), or an annuity contract.

AB357-SA1,2,6 (c) An individual employed solely for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a public adjuster, including a photographer, estimator, private investigator, engineer, or handwriting expert.

AB357-SA1,2,7 (d) An individual who settles subrogation claims between insurers.

AB357-SA1,2,9 (e) An individual who is licensed as an intermediary under s. 628.04 or 628.09 while acting in his or her professional capacity as an intermediary.

AB357-SA1,2,12 (f) An individual who represents an insurer in negotiations for the settlement of a claim against the insurer arising out of the coverage provided by an insurance policy.”.

AB357-SA1,2,16 5. Page 4, line 7: delete the material beginning with “Requirement” and ending with “void.” on line 17 and substitute “ List of registered public adjusters. The commissioner shall maintain on the office's Internet site a list of public adjusters who have registered with the commissioner under sub. (2).”.

AB357-SA1,2,22 6. Page 4, line 18: delete the material beginning with “An" and ending with “completing a" on line 19 and substitute “A public adjuster who is not a resident of this state shall register with the commissioner prior to engaging in public adjusting services in this state. A public adjuster who is a resident of this state may register with the commissioner. In order to register under this subsection, the public adjuster shall complete an application”.

AB357-SA1,2,23 7. Page 4, line 19: delete “require" and substitute “request".

AB357-SA1,3,2 8. Page 4, line 24: delete the material beginning with “that" and ending with “registration" on line 25 and substitute “subject to penalty” .

AB357-SA1,3,3 9. Page 5, line 1: delete lines 1 and 2.

AB357-SA1,3,4 10. Page 5, line 8: delete “s. 629.03" and substitute “ss. 629.03 and 629.11".

AB357-SA1,3,5 11. Page 5, line 9: delete lines 9 to 11.

AB357-SA1,3,7 12. Page 5, line 16: delete the material beginning with that line and ending with page 6, line 2.

AB357-SA1,3,8 13. Page 7, line 5: after “and" insert “, if applicable,".

AB357-SA1,3,9 14. Page 10, line 18: after that line insert:

AB357-SA1,3,12 “629.082 Bonding. A public adjuster shall supply a bond that meets specifications established by the commissioner to guarantee faithful performance of the individual's duties and obligations as a public adjuster.”.

AB357-SA1,3,13 15. Page 11, line 3: delete lines 3 and 4.

AB357-SA1,3,15 16. Page 11, line 20: delete the material beginning with “while" and ending with “629.02" on line 21.

AB357-SA1,3,18 17. Page 11, line 24: delete “A public adjuster shall" and substitute “Prior to the commissioner approving an individual's registration under s. 629.02 (2), the individual shall certify to the commissioner that the individual will”.

AB357-SA1,3,19 18. Page 12, line 3: after “(4)" insert “, if applicable".

AB357-SA1,4,2 19. Page 12, line 22: delete the material beginning with “Denial," and ending with “following" on line 25 and substitute “Penalties. Upon a finding that a public adjuster has done any of the following, the commissioner may, after a hearing, notify the public by posting the public adjuster's name and infraction on the office's Internet site, levy a civil penalty, or, if applicable, suspend or revoke the public adjuster's registration under s. 629.02, or do any combination of the three actions” .

AB357-SA1,4,4 20. Page 13, line 16: delete “, untrustworthiness, or financial irresponsibility" and substitute “or untrustworthiness".

AB357-SA1,4,5 21. Page 13, line 23: delete lines 23 and 24.

AB357-SA1,4,6 (End)