Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol.32,No.07, February 17, 2006 issue of the Florida Administrative Weekly.

Subsection (5) of Rule 69B-220.001, F.A.C., is amended to provide that the appropriate official must submit an application for licensure of an emergency adjuster to the Department within 7 days after the adjuster starts working rather than within 3 days. It is also amended to clarify the website link for the application process for emergency adjuster. The rule shall now read as follows:

(5) Procedures for Licensing and Appointment of Emergency Adjusters; Responsibilities of Appointing Entity.

(a) All Florida-licensed insurers, independent adjusting firms, independent adjusters, and general lines agents, shall use the following procedures to utilize emergency company or independent adjusters. The entities or persons listed in the preceding sentence may immediately and without advance paperwork to this department, engage and cause commencement of catastrophe adjusting work for themselves, by any persons, whether on their staff, or hired by them, or engaged by them as independent contractors or as employees of a contractor engaged by them, although the person is not currently licensed as an adjuster in Florida, if the Florida-licensed insurer, independent adjusting firm, independent adjuster or general lines agent utilizing these persons as emergency or catastrophe adjusters determine that these persons are qualified to do such adjusting work. A person is not qualified to adjust claims, for any entity or person who utilizes computer software program(s) in the adjusting process, unless the person has received training in and is capable of correctly utilizing the program(s). Within 7 calendar days after adjusting work has begun, the appropriate official must submit an online application to the department on Form DFS-396, Application for License and Appointment as a Catastrophe or Emergency Adjuster, Rev. 5/06, which is hereby adopted and incorporated by reference. Applications shall be submitted on the Departmentís website at www.fldfs.com/agents/app_ screen.htm. Applicable fees shall be submitted by electronic payment at the time of submission of an application.

A new paragraph (s) is added to subsection (3) of Rule 69B-220.201, F.A.C., to read:

(s) An independent or company adjuster or other person acting on behalf of the insurer shall provide at least 48 hours notice to the insured or claimant prior to scheduling an on-site inspection of insured property that is the subject of a claim. This insured or claimant may deny access to the property if this notice has not been provided.

Paragraph (a) of subsection (5) of Rule 69B-220.201, F.A.C., is amended to read:

(a) No public adjuster shall require, demand, charge or accept any fee, retainer, compensation, commission, deposit, or other thing of value, prior to receipt by the insured or claimant of a payment of claim proceeds by the insurer.