Bill Text: FL S0336 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Property Insurance Appraisers and Property Insurance Appraisal Umpires
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2016-03-11 - Died in Appropriations [S0336 Detail]
Download: Florida-2016-S0336-Introduced.html
Bill Title: Property Insurance Appraisers and Property Insurance Appraisal Umpires
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2016-03-11 - Died in Appropriations [S0336 Detail]
Download: Florida-2016-S0336-Introduced.html
Florida Senate - 2016 SB 336 By Senator Richter 23-00345-16 2016336__ 1 A bill to be entitled 2 An act relating to property insurance appraisals; 3 creating part XIV of ch. 626, F.S., relating to 4 property insurance appraisers and property insurance 5 appraisal umpires; creating s. 626.9961, F.S.; 6 creating the property insurance appraiser and property 7 insurance appraisal umpire licensing program within 8 the Department of Financial Services; providing 9 legislative purpose; providing applicability; creating 10 s. 626.9962, F.S.; defining terms; creating s. 11 626.9963, F.S.; authorizing the department to 12 establish specified fees; requiring the deposit of 13 fees into the Insurance Regulatory Trust Fund; 14 creating s. 626.9964, F.S.; authorizing the department 15 to issue a license as a property insurance appraiser 16 or a property insurance appraisal umpire upon receipt 17 of an application; requiring applications to be made 18 under oath or affirmation and signed by the applicant; 19 requiring applicants to include specified information 20 in their applications; requiring that applications be 21 submitted with applicable fees; requiring applicants 22 to submit fingerprints to the department; providing 23 for state and national processing of fingerprints; 24 requiring an applicant to pay specified fingerprint 25 processing fees; requiring the department to develop 26 and maintain as a public record a current list of 27 appraisers and umpires; authorizing applicants to 28 practice in this state if they meet specified 29 requirements; requiring the department to review and 30 approve continuing education courses for appraisers 31 and umpires; prohibiting the department from issuing 32 an appraiser or umpire license to an individual found 33 to be untrustworthy or incompetent or who fails to 34 meet other specified requirements; providing that an 35 incomplete application expires after a specified 36 period; prohibiting the department from rejecting an 37 applicant based solely upon membership or lack of 38 membership in any particular appraisal organization; 39 creating s. 626.9965, F.S.; authorizing the department 40 to issue a license by endorsement to an applicant who 41 the department certifies is qualified unless the 42 applicant is under investigation in another state for 43 specified acts until the investigation is complete and 44 disciplinary proceedings have been terminated; 45 creating s. 626.9966, F.S.; requiring licensed 46 appraisers and umpires to appoint their respective 47 licenses with the department; requiring appraisers and 48 umpires to complete their appointments before 49 undertaking the duties of an appraiser or umpire; 50 providing that an individual who has been licensed by 51 the department may be subsequently appointed without 52 additional written examination if his or her 53 application for appointment is filed with the 54 department within a specified period; providing that 55 an appointment continues in force until canceled, 56 suspended, revoked, or terminated; providing for 57 expiration of a license after a specified period; 58 creating s. 626.9967, F.S.; requiring an appraiser or 59 umpire to submit to the department satisfactory proof 60 that specified continuing education requirements have 61 been met; authorizing the department to immediately 62 terminate or refuse to renew the appointment of an 63 appraiser or umpire if the department does not receive 64 such proof; requiring the department to establish by 65 rule criteria and course content for appraisal 66 courses; requiring each appraiser or umpire course 67 provider, instructor, and classroom course to be 68 approved by and registered with the department before 69 continuing education courses may be offered; requiring 70 the department to adopt rules establishing standards 71 for the approval, registration, discipline, or removal 72 from registration of course providers, instructor, and 73 courses; prohibiting an approved instructor from 74 teaching specified courses; creating s. 626.9968, 75 F.S.; authorizing the practice of or the offer to 76 practice as an appraiser or umpire by licensees 77 through specified entities; requiring specified 78 entities that hold themselves out as offering property 79 insurance appraisal services to be registered with the 80 department; providing that specified entities are not 81 relieved of responsibility for the conduct or acts of 82 their agents, employees, or officers; providing that 83 an individual practicing as an appraiser or umpire is 84 not relieved of responsibility for professional 85 services performed as a result of employment with 86 specified entities; creating s. 626.9969, F.S.; 87 requiring the department to deny an application for, 88 suspend, revoke, or refuse to renew or continue the 89 license or appointment of any applicant, property 90 insurance appraiser, or property insurance appraisal 91 umpire and suspend or revoke the eligibility to hold a 92 license or appointment of any such person in certain 93 circumstances; creating s. 626.9971, F.S.; authorizing 94 the department to deny an application for and suspend, 95 revoke, or refuse to renew or continue a license as an 96 appraiser or umpire in certain circumstances; creating 97 s. 626.9972, F.S.; requiring appraisers and umpires to 98 maintain confidentiality of all information obtained 99 during an appraisal; requiring appraisers and umpires 100 to maintain confidentiality in the storage and 101 disposal of records; prohibiting appraisers and 102 umpires from disclosing identifying information in 103 certain circumstances; requiring that the fees charged 104 by an appraiser or an umpire are reasonable and 105 consistent with the nature of the case; prohibiting an 106 umpire from charging, agreeing to, or accepting as 107 compensation or reimbursement any payment, commission, 108 or fee that is based on a percentage of the appraised 109 value or that is contingent on a specified outcome; 110 requiring appraisers and umpires to maintain specified 111 records and provide an accounting of applicable 112 charges upon request; prohibiting appraisers and 113 umpires from engaging in marketing practices that 114 convey false or misleading information; prohibiting 115 appraisers from accepting an appointment in certain 116 circumstances; requiring appraisers to conduct the 117 appraisal process in a specified manner; prohibiting 118 umpires from engaging in any business, providing any 119 service, or performing any act under certain 120 circumstances; requiring appraisers and umpires to 121 decline an appointment or selection, withdraw, or 122 request appropriate assistance in certain 123 circumstances; prohibiting appraisers and umpires from 124 giving or accepting any gift, favor, loan, or other 125 item of value in the appraisal process; prohibiting 126 appraisers and umpires from soliciting or otherwise 127 attempting to procure future professional services 128 during the appraisal process; requiring appraisers to 129 abide by any agreement they reach on the manner or 130 content of communications between them; prohibiting 131 appraisers from discussing a proceeding with any party 132 or with the umpire except in specified circumstances; 133 providing exceptions; prohibiting communications in 134 which a party dictates to an appraiser a specified 135 result, consideration, or action; creating s. 136 626.9973, F.S.; prohibiting certain acts regarding 137 appraisers or umpires; providing penalties; creating 138 s. 626.9974, F.S.; authorizing the department to adopt 139 rules to administer this part; providing an 140 appropriation; providing effective dates. 141 142 Be It Enacted by the Legislature of the State of Florida: 143 144 Section 1. Part XIV of chapter 626, Florida Statutes, 145 consisting of sections 626.9961 through 626.9974, is created to 146 read: 147 PART XIV 148 PROPERTY INSURANCE APPRAISERS AND PROPERTY INSURANCE APPRAISAL 149 UMPIRES 150 151 626.9961 Property insurance appraiser and property 152 insurance appraisal umpire licensing program; legislative 153 purpose; scope of part.— 154 (1) The property insurance appraiser and property insurance 155 appraisal umpire licensing program is created within the 156 Department of Financial Services. 157 (2) The Legislature finds it necessary to regulate persons 158 and companies that hold themselves out to the public as 159 qualified to provide services as appraisers and umpires to 160 protect the public safety and welfare, to prevent damage to real 161 and personal property, and to avoid economic injury to the 162 residents of this state. 163 (3) This part applies to residential, commercial 164 residential, and commercial property insurance contracts and to 165 the appraisers and umpires who participate in the appraisal 166 process. 167 626.9962 Definitions.—As used in this part, the term: 168 (1) “Appraisal” means the process of dispute resolution, as 169 defined in the property insurance contract, which determines the 170 amount of loss when the insurer and insured are unable to agree 171 on the amount of the loss, or, if the insurer has elected to 172 repair the property and the insurer and the insured are unable 173 to agree on the scope of repairs, the scope of repairs. 174 Appraisal occurs after coverage is established. 175 (2) “Competent” means sufficiently qualified and capable of 176 performing an appraisal. 177 (3) “Department” means the Department of Financial 178 Services. 179 (4) “Independent” means a person who is not subject to any 180 control, restriction, modification, or limitation by an 181 appointing party. 182 (a) An appraiser may not represent himself or herself as an 183 independent appraiser if he or she accepts an appointment that 184 is contingent upon reporting a predetermined result, analysis, 185 or opinion, or if the fee to be paid for the services of the 186 appraiser in connection with an appointment is contingent upon a 187 predetermined opinion, conclusion, or valuation. 188 (b) An umpire may not represent himself or herself as an 189 independent umpire unless he or she conducts his or her 190 investigation, evaluation, and estimation without instruction 191 from an appointing party. An umpire is not independent if he or 192 she accepts an appointment that is contingent upon reporting a 193 predetermined result, analysis, or opinion or if the fee to be 194 paid for the services of the umpire in connection with an 195 appointment is contingent upon a predetermined opinion, 196 conclusion, or valuation. 197 (5) “Property insurance appraisal umpire” or “umpire” means 198 a third party selected by appraisers representing the insurer 199 and the insured who is charged with resolving issues that the 200 appraisers are unable to agree upon during the course of an 201 appraisal process conducted pursuant to a residential, 202 commercial residential, or commercial property insurance 203 contract that provides for resolution of claim disputes by 204 appraisal. 205 (6) “Property insurance appraiser” or “appraiser” means a 206 third party selected by an insurer or an insured to develop an 207 appraisal under a residential, commercial residential, or 208 commercial property insurance contract that provides for 209 resolution of claim disputes by appraisal. 210 626.9963 Fees.— 211 (1) The department may establish an application fee and 212 fees for examination, reexamination, and licensure and 213 appointment as a property insurance appraiser or a property 214 insurance appraisal umpire, and for designation as a provider of 215 continuing education. Fees shall be remitted at the time of 216 application. 217 (a) The application fee is $50 and is nonrefundable. 218 (b) The examination and reexamination fees, at a minimum, 219 must be sufficient to cover the actual cost of examination and 220 reexamination. 221 (c) The fee for an initial license is $5. 222 (d) The fee for a biennial appointment and renewal of such 223 appointment is $60. 224 (e) The fee for applications for designation as a provider 225 of continuing education is $100 per course. 226 (2) Fees shall be deposited into the Insurance Regulatory 227 Trust Fund. 228 626.9964 Application for license as a property insurance 229 appraiser or property insurance appraisal umpire.— 230 (1) Effective October 1, 2016, upon receipt of a completed 231 application that is made under oath and signed by the applicant, 232 the department may issue a license as a property insurance 233 appraiser or a property insurance appraisal umpire to a person 234 who meets the requirements of subsection (6). 235 (2) The application for license must include the following 236 information: 237 (a) The applicant’s full name; age; social security number; 238 residence address; business address; mailing address; contact 239 telephone numbers, including a business telephone number; and e 240 mail address. 241 (b) Whether the applicant has been refused or has 242 voluntarily surrendered or has had suspended or revoked a 243 professional license by any state. 244 (c) Proof that the applicant meets the requirements for 245 licensure as an appraiser or umpire under subsection (6). 246 (d) The applicant’s gender. 247 (e) The applicant’s native language. 248 (f) The applicant’s highest achieved level of education. 249 (3) The applicant shall submit the applicable fee with his 250 or her application. 251 (4) An applicant must submit a full set of fingerprints to 252 the department. The department must forward the fingerprints to 253 the Department of Law Enforcement for state processing, and the 254 Department of Law Enforcement shall forward the fingerprints to 255 the Federal Bureau of Investigation for national processing. 256 Fees for state and federal fingerprint processing must be paid 257 by the applicant. The state fee for fingerprint processing, at a 258 minimum, must be sufficient to cover the actual costs of 259 fingerprint processing. 260 (5) The department shall develop and maintain as a public 261 record a current list of licensed appraisers and umpires. 262 (6) An applicant may be licensed to practice in this state 263 as an appraiser or umpire if he or she is of good moral 264 character and meets one of the following requirements: 265 (a) Is a retired county, circuit, or appellate judge. 266 (b) Is licensed as an engineer pursuant to chapter 471 or 267 is a retired professional engineer as defined in s. 471.005. 268 (c) Is licensed as a general contractor, building 269 contractor, or residential contractor pursuant to part I of 270 chapter 489. 271 (d) Is licensed or registered as an architect to engage in 272 the practice of architecture pursuant to part I of chapter 481. 273 (e) Is a member of The Florida Bar. 274 (f) Is licensed as an adjuster pursuant to part VI of 275 chapter 626, which license includes the property and casualty 276 lines of insurance. An adjuster must have been licensed for at 277 least 3 years as an adjuster before he or she may be licensed as 278 an appraiser and must have been licensed for at least 5 years as 279 an adjuster before he or she may be licensed as an umpire. 280 (7) The department shall review and approve courses of 281 study for the continued education of appraisers and umpires. 282 (8) The department may not issue a license as an appraiser 283 or umpire to any individual found by the department to be 284 untrustworthy or incompetent or who: 285 (a) Has not filed an application with the department in 286 accordance with this subsection (2). 287 (b) Is not a natural person who is at least 18 years of 288 age. 289 (c) Is not a United States citizen or legal alien who 290 possesses work authorization from the United States Bureau of 291 Citizenship and Immigration Services. 292 (d) Has not completed the experience or licensing 293 requirements of this part. 294 (9) An incomplete application expires 6 months after the 295 date it is received by the department. 296 (10) The department may not reject an application solely 297 because the applicant is or is not a member of a given appraisal 298 organization. 299 626.9965 Licensure by endorsement.—The department may issue 300 a license by endorsement to an applicant who the department 301 certifies is qualified to practice as an appraiser or umpire 302 unless the applicant is under investigation in this or another 303 state for any act that would constitute a violation of this part 304 and until the investigation is complete and disciplinary 305 proceedings have been terminated. 306 626.9966 Appointment of license.— 307 (1) A property insurance appraiser or property insurance 308 appraisal umpire must appoint himself or herself with the 309 department and pay fees in the amount specified in s. 626.9963. 310 The appraiser or umpire must complete his or her appointment 311 before undertaking the duties of an appraiser or an umpire. The 312 appointment of an appraiser or umpire continues in force until 313 suspended, revoked, or terminated, as provided in this part, and 314 is subject to biennial renewal or continuation by the licensee. 315 (2) An individual who has been licensed by the department 316 as an appraiser or umpire may be subsequently appointed without 317 additional written examination if his or her application for 318 appointment is filed with the department within 48 months after 319 the date of cancellation or expiration of the previous 320 appointment. 321 (3) The license of an appraiser or umpire continues in 322 force until canceled, suspended, or revoked or until it is 323 otherwise terminated, as provided in this part, but expires by 324 operation of law 48 months after the date of cancellation or 325 expiration of the last appointment. 326 626.9967 Continuing education.— 327 (1) The property insurance appraiser or property insurance 328 appraisal umpire must provide satisfactory proof to the 329 department that, during the 2 years before his or her 330 application for renewal, he or she completed at least 24 hours 331 of continuing education, approved by the department and relating 332 to appraisers and umpires, which covers new laws, ethics, 333 disciplinary trends, case studies, industry trends, and other 334 similar topics that the department determines are relevant to 335 legally and ethically performing the responsibilities of an 336 appraiser or umpire. If the department does not receive such 337 proof, the department may immediately terminate or refuse to 338 renew the appointment of an appraiser or umpire. The department 339 shall establish the criteria for and content of appraisal 340 courses by rule. 341 (2) Each appraiser or umpire course provider, instructor, 342 and classroom course must be approved by and registered with the 343 department before offering continuing education courses. 344 (3) The department shall adopt rules establishing standards 345 for the approval of courses and the registration, discipline, or 346 removal from registration of course providers and instructors. 347 The standards adopted by the department must ensure that 348 instructors have the knowledge, competence, and integrity to 349 fulfill the educational objectives of this part. 350 (4) An approved instructor may not teach any course that is 351 outside the scope of this part. 352 626.9968 Partnerships, corporations, and other business 353 entities.—A licensee may practice or offer to practice as a 354 property insurance appraiser or property insurance appraisal 355 umpire through a partnership, corporation, or other business 356 entity that offers appraisal or umpire services to the public, 357 or through the agents, employees, or officers of, or partners in 358 such a partnership, corporation, or business entity. However, 359 partnerships, corporations, or other business entities that hold 360 themselves out as offering property insurance appraisal services 361 must be registered with the department. This section does not 362 allow a corporation or other business entity to hold a license 363 to practice appraisal or umpire services. A partnership, 364 corporation, or other business entity is not relieved of 365 responsibility for the conduct or acts of its agents, employees, 366 or officers by reason of its compliance with this section. An 367 individual who practices as an appraiser or umpire is not 368 relieved of responsibility for professional services performed 369 as a result of his or her employment or relationship with a 370 partnership, corporation, or other business entity. 371 626.9969 Grounds for compulsory refusal, suspension, or 372 revocation of an appraiser or umpire license.—The department 373 shall deny an application for license under this section; 374 suspend, revoke, or refuse to renew or continue a license or 375 appointment of an applicant, property insurance appraiser, or 376 property insurance appraisal umpire; or suspend or revoke 377 eligibility for licensure or appointment as an appraiser or 378 umpire if the department finds that one or more of the following 379 applicable grounds exist: 380 (1) Lacking one or more of the qualifications for licensure 381 as specified in this part. 382 (2) Making a material misstatement or misrepresentation or 383 committing fraud in obtaining a license or in attempting to 384 obtain a license or appointment. 385 (3) Failing to achieve a passing score, as determined by 386 the department, on any examination required under this part. 387 (4) Willfully using a license or appointment to circumvent 388 any of the requirements or prohibitions of this part. 389 (5) Demonstrating a lack of fitness or trustworthiness to 390 practice as an appraiser or umpire. 391 (6) Demonstrating a lack of reasonably adequate knowledge 392 and technical competence to conduct transactions authorized by 393 the license. 394 (7) Committing fraudulent or dishonest practices in the 395 conduct of business under the license. 396 (8) Willfully failing to comply with or willfully violating 397 any order or rule of the department or this part. 398 (9) Having been found guilty of or having pled guilty or 399 nolo contendere to a felony or a crime punishable by 400 imprisonment of 1 year or more under federal or any state law, 401 or under the law of any other country, which involves moral 402 turpitude, without regard of whether a judgment or conviction 403 has been entered by the court having jurisdiction of such cases. 404 (10) Violating a duty imposed upon him or her by law or by 405 the terms of a contract, whether written, oral, expressed, or 406 implied, during the course of an appraisal; aiding, assisting, 407 or conspiring with any other person engaged in any such 408 misconduct and in furtherance thereof; or forming the intent, 409 design, or scheme to engage in such misconduct and committing an 410 overt act in furtherance of such intent, design, or scheme. A 411 licensee commits a violation of this subsection regardless of 412 whether the victim or intended victim of the misconduct has 413 sustained any damage or loss; the damage or loss has been 414 settled and paid after the discovery of misconduct; or the 415 victim or intended victim is a customer or a person in a 416 confidential relationship with the licensee or is an identified 417 member of the general public. 418 (11) Having a registration, license, or certification as an 419 appraiser or umpire revoked, suspended, or otherwise acted 420 against; having a registration, license, or certificate to 421 practice or conduct any regulated profession, business, or 422 vocation revoked or suspended; or having an application for such 423 registration, licensure, or certification to practice or conduct 424 any regulated profession, business, or vocation denied, by this 425 or any other state, any nation, or any possession or district of 426 the United States. 427 (12) Making or filing a report or record, written or oral, 428 which the licensee knows to be false; willfully failing to file 429 a report or record required by state or federal law; willfully 430 impeding or obstructing such filing; or inducing another person 431 to impede or obstruct such filing. 432 (13) Accepting an appointment as an appraiser or umpire if 433 the appointment is contingent upon the appraiser or umpire 434 reporting a predetermined result, analysis, or opinion, or if 435 the fee to be paid for the services of the umpire is contingent 436 upon the opinion, conclusion, or valuation reached by the 437 umpire. 438 626.9971 Grounds for discretionary denial, suspension, or 439 revocation of a property insurance appraiser’s or property 440 insurance appraisal umpire’s license.—The department may deny an 441 application for license or suspend, revoke, or refuse to renew 442 or continue a license as a property insurance appraiser or 443 property insurance appraisal umpire if any of the following 444 occurs: 445 (1) If the licensee is, or is applying for a license to be, 446 an appraiser, failure to timely communicate with the opposing 447 party’s appraiser without good cause or failure or refusal to 448 exercise reasonable diligence in submitting recommendations to 449 the opposing party’s appraiser. 450 (2) If the licensee is, or is applying for a license to be, 451 an umpire, failure to timely communicate with the appraiser 452 representing the insurer and the insured without good cause or 453 failure or refusal to exercise reasonable diligence in 454 submitting recommendations to such appraisers. 455 (3) Violation of any ethical standard for appraisers and 456 umpires specified in s. 626.9972. 457 (4) Failure to inform the department in writing within 30 458 days after pleading guilty or nolo contendere to, or being 459 convicted or found guilty of, a felony. 460 (5) Failure to timely notify the department of any change 461 in business location, or failure to fully disclose all business 462 locations from which he or she operates as an appraiser or 463 umpire. 464 (6) Any cause for which issuance of the license or 465 appointment could have been refused had it then existed and been 466 known to the department. 467 (7) Violation of this part or of any other law applicable 468 to the business of insurance in the course of his or her 469 practice under this section. 470 (8) Violation of any order or rule of the department, 471 commission, or office. 472 (9) Knowingly aiding, assisting, procuring, advising, or 473 abetting any person in the violation of the insurance code or 474 any order or rule of the department, commission, or office. 475 (10) Failure to comply with any civil, criminal, or 476 administrative action taken by the child support enforcement 477 program under Title IV-D of the Social Security Act, 42 U.S.C. 478 ss. 651 et seq., to determine paternity or to establish, modify, 479 enforce, or collect support. 480 626.9972 Ethical standards for property insurance 481 appraisers and property insurance appraisal umpires.— 482 (1) CONFIDENTIALITY.—Unless disclosure is otherwise 483 required by law, a property insurance appraiser or a property 484 insurance appraisal umpire shall maintain confidentiality of all 485 information revealed during an appraisal. However, an appraiser 486 may disclose such information to the party who hired him or her. 487 (2) RECORDKEEPING.—An appraiser or umpire shall maintain 488 confidentiality in the storage and disposal of records and may 489 not disclose any identifying information if materials are used 490 in research, training, or statistical compilations. 491 (3) FEES AND EXPENSES.— 492 (a) The fees charged by an appraiser or umpire must be 493 reasonable and consistent with the nature of the case. In 494 determining fees, an appraiser or umpire: 495 1. If charging on an hourly basis, may bill for services 496 only for actual time spent on or allocated for the appraisal. 497 2. May charge for costs actually incurred, and no other 498 costs. 499 (b) An umpire may not charge, agree to, or accept as 500 compensation or reimbursement any payment, commission, or fee 501 that is based on a percentage of the appraised value or that is 502 contingent upon a specified outcome. 503 (4) MAINTENANCE OF RECORDS.—An appraiser or umpire shall 504 maintain records necessary to support charges for services and 505 expenses, and, upon request, shall provide an accounting of all 506 applicable charges to the parties. An appraiser or umpire shall 507 retain original or true copies of any contracts engaging his or 508 her services, appraisal reports, and supporting data assembled 509 and formulated by the licensee in preparing appraisal reports 510 for at least 5 years. The period for retaining such records 511 begins on the date of the submission of the appraisal report to 512 the client. Upon reasonable notice, the records shall be made 513 available by the licensee to the department for inspection and 514 making copies. If an appraisal has been the subject of, or has 515 been admitted as evidence in, a lawsuit, reports and records 516 related to the appraisal must be retained for at least 2 years 517 after the date that the trial ends. 518 (5) ADVERTISING.—An appraiser or umpire may not engage in 519 marketing practices that contain false or misleading 520 information. A licensee shall ensure that any advertisement of 521 his or her qualifications, services to be rendered, or the 522 appraisal process are accurate and honest. An appraiser or 523 umpire may not make claims of achieving specific outcomes or 524 promises implying favoritism for the purpose of obtaining 525 business. 526 (6) INTEGRITY AND IMPARTIALITY.— 527 (a)1. An appraiser may not accept an appointment unless he 528 or she can serve independently of the party appointing him or 529 her; serve competently; and promptly commence the appraisal and, 530 thereafter, devote the time and attention to its completion in 531 the manner expected by all of the parties involved in the 532 appraisal. 533 2. An appraiser shall conduct the appraisal process in a 534 manner that advances the fair and efficient resolution of issues 535 that arise during the appraisal process. An appraiser shall make 536 all reasonable efforts to prevent delays in the appraisal 537 process, the harassment of parties or other participants, or 538 other abuse or disruption of the appraisal process. 539 3. After an appraiser accepts an appointment, the appraiser 540 may not withdraw or abandon the appointment unless compelled to 541 do so by unanticipated circumstances that would render it 542 impossible or impracticable to continue. 543 4. An appraiser shall deliberate and decide all issues 544 submitted for determination, but may not render a decision on 545 any other issues. An appraiser shall decide all matters justly, 546 exercising independent judgment. An appraiser may not delegate 547 the duty to make a determination to any other person. 548 (b) An umpire may not engage in any business, provide any 549 service, or perform any act that would compromise his or her 550 integrity or impartiality. 551 (7) SKILL AND EXPERIENCE.—An appraiser or umpire shall 552 decline an appointment or selection, withdraw, or request 553 appropriate assistance when the facts and circumstances of the 554 appraisal prove to be beyond his or her skill or experience. 555 (8) GIFTS AND SOLICITATION.—An appraiser or umpire may not 556 give or accept any gift, favor, loan, or other item of value in 557 the appraisal process. During the appraisal process, an 558 appraiser or umpire may not solicit or otherwise attempt to 559 procure future work with the client. 560 (9) COMMUNICATIONS WITH PARTIES.— 561 (a) If an agreement of the parties establishes the manner 562 or content of the communications between the appointed 563 appraisers, the affected parties, and the umpire, the appraisers 564 shall abide by such agreement. In the absence of such an 565 agreement, an appraiser may not discuss a proceeding with any 566 party or with the umpire in the absence of any other party, 567 except in the following circumstances: 568 1. If the appointment of the appraiser or umpire is being 569 considered, the prospective appraiser or umpire may inquire 570 about the identity of the parties, the parties’ legal counsel, 571 and the general nature of the case, and may respond to inquiries 572 from any party or its counsel or an umpire which are designed to 573 determine his or her suitability and availability for the 574 appointment. 575 2. The appraiser may consult with the party who appointed 576 him or her concerning the selection of a neutral umpire. 577 3. The appraiser may make arrangements for any compensation 578 to be paid by the party who appointed him or her. 579 4. The appraiser may make arrangements for obtaining 580 materials and providing for inspection of the property with the 581 party who appointed the appraiser. Such communication is limited 582 to scheduling and the exchange of materials. 583 (b) There may not be any communication during which a party 584 dictates to an appraiser the outcome of the proceedings, the 585 matters or elements that may be included or considered by the 586 appraiser, or specific actions the appraiser may take. 587 626.9973 Prohibitions; penalties.—Effective October 1, 588 2016, a person may not use the name or title “property insurance 589 appraiser,” “appraiser,” “property insurance appraisal umpire,” 590 or “umpire” unless he or she is licensed pursuant to this part. 591 A person who is found to be in violation of this section commits 592 a misdemeanor of the first degree, punishable as provided in s. 593 775.082 or s. 775.083. 594 626.9974 Rulemaking authority.—The department may adopt 595 rules to administer this part. Such rules may: 596 (1) Establish a process for determining compliance with 597 licensure requirements. 598 (2) Prescribe necessary forms. 599 (3) Implement specific rulemaking authority pursuant to 600 this section. 601 (4) Establish specific penalties which may be assessed 602 against licensees under this part for violations of the Florida 603 Insurance Code. 604 Section 2. For the 2016-2017 fiscal year, the sums of 605 $605,874 in recurring funds and $59,053 in nonrecurring funds 606 from the Insurance Regulatory Trust Fund are appropriated to the 607 Department of Financial Services, and four full-time equivalent 608 positions with associated salary rate of 212,315 are authorized, 609 for the purpose of implementing this act. 610 Section 3. Except as otherwise expressly provided, this act 611 shall take effect July 1, 2016.