Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1252
       
       
       
       
       
       
                                Barcode 138472                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2011           .                                
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       The Committee on Budget (Negron) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (17) of section 120.80, Florida
    6  Statutes, is created to read:
    7         120.80 Exceptions and special requirements; agencies.—
    8         (17) DEPARTMENT OF FINANCIAL SERVICES.—Notwithstanding ss.
    9  120.569, 120.57, and 120.60, if an applicant for licensure as an
   10  agent or adjuster pursuant to the Florida Insurance Code has
   11  been convicted of, or pled guilty or nolo contendere to, a
   12  felony, the disqualifying periods have been met, and the
   13  department has denied the application pursuant to s. 626.207(6),
   14  the division shall have final order authority.
   15         Section 2. Subsection (1) of section 440.12, Florida
   16  Statutes, is amended to read:
   17         440.12 Time for commencement and limits on weekly rate of
   18  compensation.—
   19         (1) No Compensation is not shall be allowed for the first 7
   20  days of the disability, except for benefits provided under for
   21  in s. 440.13. However, if the injury results in disability of
   22  more than 21 days, compensation shall be allowed from the
   23  commencement of the disability.
   24         (a) All weekly compensation payments, except for the first
   25  payment, shall be paid by check or, if authorized by the
   26  employee, on a prepaid card pursuant to paragraph (b) or
   27  deposited directly into the employee’s account at a financial
   28  institution. As used in this subsection, the term “financial
   29  institution” means a financial institution as defined in s.
   30  655.005(1)(h).
   31         (b) Upon receipt of authorization by the employee as
   32  provided in paragraph (a), a carrier may use a prepaid card to
   33  deliver compensation payments to an employee if the employee:
   34         1. Has at least one means of accessing his or her entire
   35  compensation payment once per week without incurring fees;
   36         2. Has the ability to make point-of-sale purchases without
   37  incurring fees from the financial institution issuing the
   38  prepaid card; and
   39         3. Is provided with terms and conditions of the prepaid
   40  card program, including a description of any fees that may be
   41  assessed.
   42         (c) Each carrier shall keep a record of all payments made
   43  under this subsection and the time and manner of such payments,
   44  and shall furnish these records, or a report based on these
   45  records, to the Division of Insurance Fraud and the Division of
   46  Workers’ Compensation upon request.
   47         (d) The department may adopt rules to administer this
   48  subsection.
   49         Section 3. Paragraph (a) of subsection (1) of section
   50  440.20, Florida Statutes, is amended to read:
   51         440.20 Time for payment of compensation and medical bills;
   52  penalties for late payment.—
   53         (1)(a) Unless the carrier it denies compensability or
   54  entitlement to benefits, the carrier shall pay compensation
   55  directly to the employee as required by ss. 440.14, 440.15, and
   56  440.16, in accordance with the obligations set forth in those
   57  such sections. Upon receipt of the employee’s authorization as
   58  provided in s. 440.12(1) If authorized by the employee, the
   59  carrier’s obligation to pay compensation directly to the
   60  employee is satisfied when the carrier directly deposits, by
   61  electronic transfer or other means, compensation into the
   62  employee’s account at a financial institution or onto a prepaid
   63  card in accordance with s. 440.12(1). As used in this paragraph,
   64  the term “financial institution” means a financial institution
   65  as defined in s. 655.005(1)(h). Compensation by direct deposit
   66  or through the use of a prepaid card is considered paid on the
   67  date the funds become available for withdrawal by the employee.
   68         Section 4. Subsection (8) of section 624.402, Florida
   69  Statutes, is amended to read:
   70         624.402 Exceptions, certificate of authority required.—A
   71  certificate of authority shall not be required of an insurer
   72  with respect to:
   73         (8) An insurer domiciled outside the United States covering
   74  only persons who, at the time of issuance or renewal, are
   75  nonresidents of the United States.
   76         (a)In order to qualify for this exemption, the insurer:
   77         1.Must register with the office via a letter of
   78  notification upon commencing business from this state.
   79         2.Must provide the following information to the office
   80  annually by March 1:
   81         a.The name of the insurer; the insurer’s country of
   82  domicile; the address of the insurer’s principal office and
   83  office in this state; the names of the owners of the insurer and
   84  their percentage of ownership; the names of the officers and
   85  directors of the insurer; the name, e-mail, and telephone number
   86  of a contact person for the insurer; and the number of
   87  individuals who are employed by the insurer or its affiliates in
   88  this state;
   89         b.The type of products offered by the insurer;
   90         c.A statement from the applicable regulatory body of the
   91  insurer’s domicile certifying that the insurer is licensed or
   92  registered in that domicile; and
   93         d.A copy of the filings required by the applicable
   94  regulatory body of the insurer’s domicile.
   95         3. Or any affiliated person as defined in s. 624.04 under
   96  common ownership or control with the insurer, may not solicit,
   97  sell, or accept an application for any insurance policy or
   98  contract to be delivered or issued for delivery to any
   99  individual other than a nonresident.
  100         (b)All policies or certificates delivered to nonresidents
  101  in this state must include the following statement in a
  102  contrasting color and at least 10-point type: “The policy
  103  providing your coverage and the insurer providing this policy
  104  have not been approved by the Florida Office of Insurance
  105  Regulation.”
  106         (c)If the insurer ceases to do business from this state,
  107  the insurer must agree to provide written notification to the
  108  office within 30 days after cessation.
  109         (d) Subject to the limitations contained in this
  110  subsection, services, including those listed in s. 624.10, may
  111  be provided by the insurer or an affiliated person as defined in
  112  s. 624.04 under common ownership or control with the insurer.
  113         (e) An alien insurer transacting insurance in this state
  114  without complying with this subsection is in violation of this
  115  chapter and subject to the penalties under s. 624.15.
  116         (f) An insurer that holds a certificate of authority in
  117  this state may issue and deliver policies to nonresidents at
  118  temporary or secondary addresses in this state, along with a
  119  notice that the policy form and rate is not subject to the
  120  approval of the Office of Insurance Regulation.
  121         (g) The term “nonresident” means an individual who resides
  122  in and maintains a physical place of domicile in a country other
  123  than the United States, which he or she recognizes as and
  124  intends to maintain as his or her permanent home. The term does
  125  not include an unauthorized immigrant present in the United
  126  States. Notwithstanding any other provision of law, it is
  127  conclusively presumed that an individual is a resident of the
  128  United States if such individual:
  129         1. Has had his or her principal place of domicile in the
  130  United States for 180 days or more in the 365 days before
  131  issuance or renewal the policy;
  132         2. Has registered to vote in any state;
  133         3. Has made a statement of domicile in any state; or
  134         4. Has filed for homestead tax exemption on property in any
  135  state.
  136         (a) Life insurance policies or annuity contracts issued by
  137  an insurer domiciled outside the United States covering only
  138  persons who, at the time of issuance, are not residents of the
  139  United States and are not nonresidents illegally residing in the
  140  United States, provided:
  141         1. The insurer must currently be an authorized insurer in
  142  its country of domicile as to the kind or kinds of insurance
  143  proposed to be offered and must have been such an insurer for
  144  not fewer than the immediately preceding 3 years, or must be the
  145  wholly owned subsidiary of such authorized insurer or must be
  146  the wholly owned subsidiary of an already eligible authorized
  147  insurer as to the kind or kinds of insurance proposed for a
  148  period of not fewer than the immediately preceding 3 years.
  149  However, the office may waive the 3-year requirement if the
  150  insurer has operated successfully for a period of at least the
  151  immediately preceding year and has capital and surplus of not
  152  less than $25 million.
  153         2. Before the office may grant eligibility, the requesting
  154  insurer shall furnish the office with a duly authenticated copy
  155  of its current annual financial statement, in English, and with
  156  all monetary values therein expressed in United States dollars,
  157  at an exchange rate then-current and shown in the statement, in
  158  the case of statements originally made in the currencies of
  159  other countries, and with such additional information relative
  160  to the insurer as the office may request.
  161         3. The insurer must have and maintain surplus as to
  162  policyholders of not less than $15 million. Any such surplus as
  163  to policyholders shall be represented by investments consisting
  164  of eligible investments for like funds of like domestic insurers
  165  under part II of chapter 625; however, any such surplus as to
  166  policyholders may be represented by investments permitted by the
  167  domestic regulator of such alien insurance company if such
  168  investments are substantially similar in terms of quality,
  169  liquidity, and security to eligible investments for like funds
  170  of like domestic insurers under part II of chapter 625.
  171         4. The insurer must be of good reputation as to the
  172  providing of service to its policyholders and the payment of
  173  losses and claims.
  174         5. To maintain eligibility, the insurer shall furnish the
  175  office within the time period specified in s. 624.424(1)(a) a
  176  duly authenticated copy of its current annual and quarterly
  177  financial statements, in English, and with all monetary values
  178  therein expressed in United States dollars, at an exchange rate
  179  then-current and shown in the statement, in the case of
  180  statements originally made in the currencies of other countries,
  181  and with such additional information relative to the insurer as
  182  the office may request.
  183         6. An insurer receiving eligibility under this subsection
  184  shall agree to make its books and records pertaining to its
  185  operations in this state available for inspection during normal
  186  business hours upon request of the office.
  187         7. The insurer shall provide to the applicant for the
  188  policy or contract a copy of the most recent quarterly financial
  189  statements of the insurer providing, in clear and conspicuous
  190  language:
  191         a. The date of organization of the insurer.
  192         b. The identity of and rating assigned by each recognized
  193  insurance company rating organization that has rated the insurer
  194  or, if applicable, that the insurer is unrated.
  195         c. That the insurer does not hold a certificate of
  196  authority issued in this state and that the office does not
  197  exercise regulatory oversight over the insurer.
  198         d. The identity and address of the regulatory authority
  199  exercising oversight of the insurer.
  200  
  201  This paragraph does not impose upon the office any duty or
  202  responsibility to determine the actual financial condition or
  203  claims practices of any unauthorized insurer, and the status of
  204  eligibility, if granted by the office, indicates only that the
  205  insurer appears to be financially sound and to have satisfactory
  206  claims practices and that the office has no credible evidence to
  207  the contrary.
  208         (b) If at any time the office has reason to believe that an
  209  insurer issuing policies or contracts pursuant to this
  210  subsection is insolvent or is in unsound financial condition,
  211  does not make reasonable prompt payment of benefits, or is no
  212  longer eligible under the conditions specified in this
  213  subsection, the office may conduct an examination or
  214  investigation in accordance with s. 624.316, s. 624.3161, or s.
  215  624.320 and, if the findings of such examination or
  216  investigation warrant, may withdraw the eligibility of the
  217  insurer to issue policies or contracts pursuant to this
  218  subsection without having a certificate of authority issued by
  219  the office.
  220         (c) This subsection does not provide an exception to the
  221  agent licensure requirements of chapter 626. Any insurer issuing
  222  policies or contracts pursuant to this subsection shall appoint
  223  the agents that the insurer uses to sell such policies or
  224  contracts as provided in chapter 626.
  225         (d) An insurer issuing policies or contracts pursuant to
  226  this subsection is subject to part IX of chapter 626, Unfair
  227  Insurance Trade Practices, and the office may take such actions
  228  against the insurer for a violation as are provided in that
  229  part.
  230         (e) Policies and contracts issued pursuant to this
  231  subsection are not subject to the premium tax specified in s.
  232  624.509.
  233         (f) Applications for life insurance coverage offered under
  234  this subsection must contain, in contrasting color and not less
  235  than 12-point type, the following statement on the same page as
  236  the applicant’s signature:
  237  
  238         This policy is primarily governed by the laws of a
  239         foreign country. As a result, all of the rating and
  240         underwriting laws applicable to policies filed in this
  241         state do not apply to this coverage, which may result
  242         in your premiums being higher than would be
  243         permissible under a Florida-approved policy. Any
  244         purchase of individual life insurance should be
  245         considered carefully, as future medical conditions may
  246         make it impossible to qualify for another individual
  247         life policy. If the insurer issuing your policy
  248         becomes insolvent, this policy is not covered by the
  249         Florida Life and Health Insurance Guaranty
  250         Association. For information concerning individual
  251         life coverage under a Florida-approved policy, consult
  252         your agent or the Florida Department of Financial
  253         Services.
  254  
  255         (g) All life insurance policies and annuity contracts
  256  issued pursuant to this subsection must contain on the first
  257  page of the policy or contract, in contrasting color and not
  258  less than 10-point type, the following statement:
  259  
  260         The benefits of the policy providing your coverage are
  261         governed primarily by the law of a country other than
  262         the United States.
  263  
  264         (h) All single-premium life insurance policies and single
  265  premium annuity contracts issued to persons who are not
  266  residents of the United States and are not nonresidents
  267  illegally residing in the United States pursuant to this
  268  subsection shall be subject to the provisions of chapter 896.
  269         Section 5. Effective upon becoming a law, section 626.207,
  270  Florida Statutes, is amended to read:
  271         626.207 Department rulemaking authority; waiting periods
  272  for applicants; Penalties against licensees.—
  273         (1) As used in this section, the term:
  274         (a) “Financial services business” means any financial
  275  activity regulated by the Department of Financial Services, the
  276  Office of Insurance Regulation, or the Office of Financial
  277  Regulation.
  278         (b) “First-degree felony” and “capital felony” include all
  279  felonies designated as such by state law, as well as any felony
  280  so designated in the jurisdiction in which the plea is entered
  281  or judgment is rendered.
  282         (1) The department shall adopt rules establishing specific
  283  waiting periods for applicants to become eligible for licensure
  284  following denial, suspension, or revocation pursuant to s.
  285  626.611, s. 626.621, s. 626.8437, s. 626.844, s. 626.935, s.
  286  634.181, s. 634.191, s. 634.320, s. 634.321, s. 634.422, s.
  287  634.423, s. 642.041, or s. 642.043. The purpose of the waiting
  288  periods is to provide sufficient time to demonstrate reformation
  289  of character and rehabilitation. The waiting periods shall vary
  290  based on the type of conduct and the length of time since the
  291  conduct occurred and shall also be based on the probability that
  292  the propensity to commit illegal conduct has been overcome. The
  293  waiting periods may be adjusted based on aggravating and
  294  mitigating factors established by rule and consistent with this
  295  purpose.
  296         (2) An applicant who commits a first-degree felony; a
  297  capital felony; a felony involving money laundering, fraud, or
  298  embezzlement; or a felony directly related to a financial
  299  services business is permanently barred from applying for a
  300  license under this part. This bar applies to convictions, guilty
  301  pleas, or nolo contendere pleas, regardless of adjudication, by
  302  an applicant, officer, director, majority owner, partner,
  303  manager, or other person who manages or controls an applicant.
  304         (3) For all other crimes not included in subsection (2),
  305  the department shall adopt rules establishing the process and
  306  application of disqualifying periods:
  307         (a) A 15-year disqualifying period for all felonies
  308  involving moral turpitude that are not specifically included in
  309  the permanent bar in subsection (2).
  310         (b) A 7-year disqualifying period for all felonies to which
  311  the permanent bar in subsection (2) and the 15 year
  312  disqualifying period in paragraph (a) do not apply.
  313         (c) A 7-year disqualifying period for all misdemeanors
  314  directly related to the financial services business.
  315         (4) The department shall adopt rules providing for
  316  additional disqualifying periods due to the commitment of
  317  multiple crimes and other factors reasonably related to the
  318  applicant's criminal history. The rules shall provide for
  319  mitigating and aggravating factors. However, mitigation may not
  320  result in a period of disqualification of less than 7 years and
  321  may not mitigate the disqualifying periods in paragraphs (3)(b)
  322  and (c).
  323         (5) For purposes of this section, the disqualifying periods
  324  begin upon the applicant's final release from supervision or
  325  upon completion of the applicant's criminal sentence, including
  326  payment of fines, restitution, and court costs, for the crime
  327  for which the disqualifying period applies.
  328         (6) After the disqualifying period has been met, the burden
  329  is on the applicant to demonstrate that the applicant has been
  330  rehabilitated, does not pose a risk to the insurance buying
  331  public, is fit and trustworthy to engage in the business of
  332  insurance pursuant to s. 626.611(7), and is otherwise qualified
  333  for licensure. Hearings shall be conducted in accordance with s.
  334  120.80(17).
  335         (7)(2) The department shall adopt rules establishing
  336  specific penalties against licensees in accordance with ss.
  337  626.641 and 626.651 for violations of s. 626.611, s. 626.621, s.
  338  626.8437, s. 626.844, s. 626.935, s. 634.181, s. 634.191, s.
  339  634.320, s. 634.321, s. 634.422, s. 634.423, s. 642.041, or s.
  340  642.043. The purpose of the revocation or suspension is to
  341  provide a sufficient penalty to deter future violations of the
  342  Florida Insurance Code. The imposition of a revocation or the
  343  length of suspension shall be based on the type of conduct and
  344  the probability that the propensity to commit further illegal
  345  conduct has been overcome at the time of eligibility for
  346  relicensure. The revocation or the length of suspension may be
  347  adjusted based on aggravating or mitigating factors, established
  348  by rule and consistent with this purpose.
  349         (8) The provisions of s. 112.011 do not apply to applicants
  350  for licensure under the Florida Insurance Code, including, but
  351  not limited to agents, agencies, adjusters, adjusting firms,
  352  customer representatives, or managing general agents.
  353         Section 6. Paragraphs (a) and (b) of subsection (1),
  354  paragraphs (a) and (b) of subsection (2), and subsection (4) of
  355  section 627.4133, Florida Statutes, are amended to read:
  356         627.4133 Notice of cancellation, nonrenewal, or renewal
  357  premium.—
  358         (1) Except as provided in subsection (2):
  359         (a) An insurer issuing a policy providing coverage for
  360  workers’ compensation and employer’s liability insurance,
  361  property, casualty, except mortgage guaranty, surety, or marine
  362  insurance, other than motor vehicle insurance subject to s.
  363  627.728, shall give the first-named named insured at least 45
  364  days’ advance written notice of nonrenewal or of the renewal
  365  premium. If the policy is not to be renewed, the written notice
  366  must shall state the reason or reasons as to why the policy is
  367  not to be renewed. This requirement applies only if the insured
  368  has furnished all of the necessary information so as to enable
  369  the insurer to develop the renewal premium before prior to the
  370  expiration date of the policy to be renewed.
  371         (b) An insurer issuing a policy providing coverage for
  372  property, casualty, except mortgage guaranty, surety, or marine
  373  insurance, other than motor vehicle insurance subject to s.
  374  627.728 or s. 627.7281, shall give the first-named named insured
  375  written notice of cancellation or termination other than
  376  nonrenewal at least 45 days before prior to the effective date
  377  of the cancellation or termination, including in the written
  378  notice the reason or reasons for the cancellation or
  379  termination, except that:
  380         1. If When cancellation is for nonpayment of premium, at
  381  least 10 days’ written notice of cancellation accompanied by the
  382  reason for cancellation must therefor shall be given. As used in
  383  this subparagraph and s. 440.42(3), the term “nonpayment of
  384  premium” means failure of the named insured to discharge when
  385  due any of her or his obligations in connection with the payment
  386  of premiums on a policy or any installment of such premium,
  387  whether the premium is payable directly to the insurer or its
  388  agent or indirectly under any premium finance plan or extension
  389  of credit, or failure to maintain membership in an organization
  390  if such membership is a condition precedent to insurance
  391  coverage. The term “Nonpayment of premium” also means the
  392  failure of a financial institution to honor an insurance
  393  applicant’s check after delivery to a licensed agent for payment
  394  of a premium, even if the agent has previously delivered or
  395  transferred the premium to the insurer. If a dishonored check
  396  represents the initial premium payment, the contract and all
  397  contractual obligations are shall be void ab initio unless the
  398  nonpayment is cured within the earlier of 5 days after actual
  399  notice by certified mail is received by the applicant or 15 days
  400  after notice is sent to the applicant by certified mail or
  401  registered mail., and If the contract is void, any premium
  402  received by the insurer from a third party must shall be
  403  refunded to that party in full.; and
  404         2. If When such cancellation or termination occurs during
  405  the first 90 days during which the insurance is in force and the
  406  insurance is canceled or terminated for reasons other than
  407  nonpayment of premium, at least 20 days’ written notice of
  408  cancellation or termination accompanied by the reason for
  409  cancellation must therefor shall be given except where there has
  410  been a material misstatement or misrepresentation or failure to
  411  comply with the underwriting requirements established by the
  412  insurer.
  413  
  414  After the policy has been in effect for 90 days, no such policy
  415  may not shall be canceled by the insurer except when there has
  416  been a material misstatement, a nonpayment of premium, a failure
  417  to comply with underwriting requirements established by the
  418  insurer within 90 days after of the date of effectuation of
  419  coverage, or a substantial change in the risk covered by the
  420  policy or when the cancellation is for all insureds under such
  421  policies for a given class of insureds. This subsection does not
  422  apply to individually rated risks having a policy term of less
  423  than 90 days.
  424         (2) With respect to any personal lines or commercial
  425  residential property insurance policy, including, but not
  426  limited to, any homeowner’s, mobile home owner’s, farmowner’s,
  427  condominium association, condominium unit owner’s, apartment
  428  building, or other policy covering a residential structure or
  429  its contents:
  430         (a) The insurer shall give the first-named named insured at
  431  least 45 days’ advance written notice of the renewal premium.
  432         (b) The insurer shall give the first-named named insured
  433  written notice of nonrenewal, cancellation, or termination at
  434  least 100 days before prior to the effective date of the
  435  nonrenewal, cancellation, or termination. However, the insurer
  436  shall give at least 100 days’ written notice, or written notice
  437  by June 1, whichever is earlier, for any nonrenewal,
  438  cancellation, or termination that would be effective between
  439  June 1 and November 30. The notice must include the reason or
  440  reasons for the nonrenewal, cancellation, or termination, except
  441  that:
  442         1. The insurer shall give the first-named named insured
  443  written notice of nonrenewal, cancellation, or termination at
  444  least 180 days before prior to the effective date of the
  445  nonrenewal, cancellation, or termination for a first-named named
  446  insured whose residential structure has been insured by that
  447  insurer or an affiliated insurer for at least a 5-year period
  448  immediately before prior to the date of the written notice.
  449         2. If When cancellation is for nonpayment of premium, at
  450  least 10 days’ written notice of cancellation accompanied by the
  451  reason for cancellation must therefor shall be given. As used in
  452  this subparagraph, the term “nonpayment of premium” means
  453  failure of the named insured to discharge when due any of her or
  454  his obligations in connection with the payment of premiums on a
  455  policy or any installment of such premium, whether the premium
  456  is payable directly to the insurer or its agent or indirectly
  457  under any premium finance plan or extension of credit, or
  458  failure to maintain membership in an organization if such
  459  membership is a condition precedent to insurance coverage. The
  460  term “Nonpayment of premium” also means the failure of a
  461  financial institution to honor an insurance applicant’s check
  462  after delivery to a licensed agent for payment of a premium,
  463  even if the agent has previously delivered or transferred the
  464  premium to the insurer. If a dishonored check represents the
  465  initial premium payment, the contract and all contractual
  466  obligations are shall be void ab initio unless the nonpayment is
  467  cured within the earlier of 5 days after actual notice by
  468  certified mail is received by the applicant or 15 days after
  469  notice is sent to the applicant by certified mail or registered
  470  mail., and If the contract is void, any premium received by the
  471  insurer from a third party must shall be refunded to that party
  472  in full.
  473         3. If When such cancellation or termination occurs during
  474  the first 90 days during which the insurance is in force and the
  475  insurance is canceled or terminated for reasons other than
  476  nonpayment of premium, at least 20 days’ written notice of
  477  cancellation or termination accompanied by the reason for
  478  cancellation must therefor shall be given except where there has
  479  been a material misstatement or misrepresentation or failure to
  480  comply with the underwriting requirements established by the
  481  insurer.
  482         4. The requirement for providing written notice of
  483  nonrenewal by June 1 of any nonrenewal that would be effective
  484  between June 1 and November 30 does not apply to the following
  485  situations, but the insurer remains subject to the requirement
  486  to provide such notice at least 100 days before prior to the
  487  effective date of nonrenewal:
  488         a. A policy that is nonrenewed due to a revision in the
  489  coverage for sinkhole losses and catastrophic ground cover
  490  collapse pursuant to s. 627.706, as amended by s. 30, chapter
  491  2007-1, Laws of Florida.
  492         b. A policy that is nonrenewed by Citizens Property
  493  Insurance Corporation, pursuant to s. 627.351(6), for a policy
  494  that has been assumed by an authorized insurer offering
  495  replacement or renewal coverage to the policyholder.
  496  
  497  After the policy has been in effect for 90 days, the policy may
  498  shall not be canceled by the insurer except when there has been
  499  a material misstatement, a nonpayment of premium, a failure to
  500  comply with underwriting requirements established by the insurer
  501  within 90 days of the date of effectuation of coverage, or a
  502  substantial change in the risk covered by the policy or if when
  503  the cancellation is for all insureds under such policies for a
  504  given class of insureds. This paragraph does not apply to
  505  individually rated risks having a policy term of less than 90
  506  days.
  507         (4) Notwithstanding the provisions of s. 440.42(3), if
  508  cancellation of a policy providing coverage for workers’
  509  compensation and employer’s liability insurance is requested in
  510  writing by the insured, such cancellation is shall be effective
  511  on the date requested by the insured, or if no date is
  512  specified, cancellation is effective as of the date of the
  513  written request the carrier sends the notice of cancellation to
  514  the insured. The carrier is not required to send notice of
  515  cancellation to the insured if the cancellation is requested in
  516  writing. Any retroactive assumption of coverage and liabilities
  517  under a policy providing workers’ compensation and employer’s
  518  liability insurance may not exceed 21 days.
  519         Section 7. Subsection (3) is added to section 627.4137,
  520  Florida Statutes, to read:
  521         627.4137 Disclosure of certain information required.—
  522         (3) Any request made to a self-insured corporation pursuant
  523  to this section shall be sent by certified mail to the
  524  registered agent of the disclosing entity.
  525         Section 8. Section 627.442, Florida Statutes, is amended to
  526  read:
  527         627.442 Insurance contracts.—
  528         (1) A person who requires a workers’ compensation insurance
  529  policy pursuant to a construction contract may not reject a
  530  workers’ compensation insurance policy issued by a self
  531  insurance fund that is subject to part V of chapter 631 based
  532  upon the self-insurance fund not being rated by a nationally
  533  recognized insurance rating service.
  534         (2) Notwithstanding s. 440.381(3), premium audits are not
  535  required for workers’ compensation or property and casualty
  536  coverages, except as provided by the insurance policy, by an
  537  order of the office, or at least every 2 years if requested by
  538  the employer.
  539         Section 9. Subsection (2) of section 627.7277, Florida
  540  Statutes, is amended to read:
  541         627.7277 Notice of renewal premium.—
  542         (2) An insurer shall mail or deliver to the first-named
  543  insured its policyholder at least 30 days’ advance written
  544  notice of the renewal premium for the policy.
  545         Section 10. Paragraph (a) of subsection (3), paragraphs (a)
  546  and (d) of subsection (4), and subsections (5) and (6) of
  547  section 627.728, Florida Statutes, are amended to read:
  548         627.728 Cancellations; nonrenewals.—
  549         (3)(a) No Notice of cancellation of a policy to which this
  550  section applies is not shall be effective unless mailed or
  551  delivered by the insurer to the first-named named insured and to
  552  the first-named named insured’s insurance agent at least 45 days
  553  before prior to the effective date of cancellation, except that,
  554  if when cancellation is for nonpayment of premium, at least 10
  555  days’ notice of cancellation accompanied by the reason for
  556  cancellation must therefor shall be given. A No notice of
  557  cancellation is not of a policy to which this section applies
  558  shall be effective unless the reason or reasons for cancellation
  559  accompany the notice of cancellation.
  560         (4)(a) An No insurer must shall fail to renew a policy
  561  unless it mails or delivers to the first-named named insured, at
  562  the address shown in the policy, and to the first-named named
  563  insured’s insurance agent at her or his business address, at
  564  least 45 days’ advance notice of its intention not to renew; and
  565  the reasons for refusal to renew must accompany such notice.
  566  This subsection does not apply:
  567         1. If the insurer has manifested its willingness to renew;
  568  or
  569         2. In case of nonpayment of premium.
  570  
  571  Notwithstanding the failure of an insurer to comply with this
  572  subsection, the policy terminates shall terminate on the
  573  effective date of any other automobile liability insurance
  574  policy procured by the insured with respect to any automobile
  575  designated in both policies. Unless a written explanation for
  576  refusal to renew accompanies the notice of intention not to
  577  renew, the policy remains shall remain in full force and effect.
  578         (d) Instead of canceling or nonrenewing a policy, an
  579  insurer may, upon expiration of the policy term, transfer a
  580  policy to another insurer under the same ownership or management
  581  as the transferring insurer, by giving the first-named named
  582  insured at least 45 days’ advance notice of its intent to
  583  transfer the policy and of the premium and the specific reasons
  584  for any increase in the premium.
  585         (5) United States postal proof of mailing or certified or
  586  registered mailing of notice of cancellation, of intention not
  587  to renew, or of reasons for cancellation, or of the intention of
  588  the insurer to issue a policy by an insurer under the same
  589  ownership or management, to the first-named named insured at the
  590  address shown in the policy is shall be sufficient proof of
  591  notice.
  592         (6) If When a policy is canceled, other than for nonpayment
  593  of premium, or in the event of failure to renew a policy to
  594  which subsection (4) applies, the insurer shall notify the
  595  first-named named insured of her or his possible eligibility for
  596  insurance through the Automobile Joint Underwriting Association.
  597  Such notice must shall accompany or be included in the notice of
  598  cancellation or the notice of intent not to renew and shall
  599  state that the such notice of availability of the Automobile
  600  Joint Underwriting Association is given pursuant to this
  601  section.
  602         Section 11. Section 627.7281, Florida Statutes, is amended
  603  to read:
  604         627.7281 Cancellation notice.—An insurer issuing a policy
  605  of motor vehicle insurance not covered under the cancellation
  606  provisions of s. 627.728 shall give the first-named named
  607  insured notice of cancellation at least 45 days before prior to
  608  the effective date of cancellation, except that if, when
  609  cancellation is for nonpayment of premium, at least 10 days’
  610  notice of cancellation accompanied by the reason for
  611  cancellation must therefor shall be given. As used in this
  612  section, the term “policy” does not include a binder as defined
  613  in s. 627.420 unless the duration of the binder period exceeds
  614  60 days.
  615         Section 12. Section 634.1711, Florida Statutes, is created
  616  to read:
  617         634.1711Premium payable.—Notwithstanding s. 634.1815 and
  618  s. 634.282(6), (7), and (13), a consumer may purchase a service
  619  agreement for a premium amount negotiated with the salesperson.
  620  The service agreement company is responsible for establishing
  621  minimum premium rates to ensure its solvency under this part.
  622  Other than the premium rates, no other terms or conditions of
  623  the service agreement may be revised, amended, or changed by the
  624  salesperson.
  625         Section 13. Section 634.403, Florida Statutes, is amended
  626  to read:
  627         634.403 License required; exemptions.—
  628         (1) No person in this state shall provide or offer to
  629  provide service warranties to residents of this state unless
  630  authorized therefor under a subsisting license issued by the
  631  office. The service warranty association shall pay to the office
  632  a license fee of $200 for such license for each license year, or
  633  part thereof, the license is in force.
  634         (2) An insurer, while authorized to transact property or
  635  casualty insurance in this state, may also transact a service
  636  warranty business without additional qualifications or
  637  authority, but is shall be otherwise subject to the applicable
  638  provisions of this part.
  639         (3) The office may, pursuant to s. 120.569, in its
  640  discretion and without advance notice and hearing, issue an
  641  immediate final order to cease and desist to any person or
  642  entity which violates this section. The Legislature finds that a
  643  violation of this section constitutes an imminent and immediate
  644  threat to the public health, safety, and welfare of the
  645  residents of this state.
  646         (4) Any person that is an affiliate of a domestic insurer
  647  as defined in chapter 624 is exempt from application of this
  648  part if the person does not issue, or market or cause to be
  649  marketed, service warranties to residents of this state and does
  650  not administer service warranties that were originally issued to
  651  residents of this state. The domestic insurer or its wholly
  652  owned Florida licensed insurer must be the direct obligor of all
  653  service warranties issued by such affiliate or must issue a
  654  contractual liability insurance policy to such affiliate that
  655  meets the conditions described in s. 634.406(3). If the office
  656  of Insurance Regulation determines, after notice and opportunity
  657  for a hearing, that a person’s intentional business practices do
  658  not comply with any of the exemption requirements of this
  659  subsection, the person is shall be subject to this part.
  660         (5) A person is exempt from licensure under this section if
  661  it complies with the following:
  662         (a) The service warranties are sold only to persons who are
  663  not residents of this state and the person does not issue,
  664  market, or cause to be marketed service warranties to residents
  665  of this state and does not administer service warranties that
  666  were originally issued to residents of this state.
  667         (b) The person submits a letter of notification to the
  668  office upon the start of business from this state and annually
  669  by March 1, which provides the following information:
  670         1. The type of products offered and a statement certifying
  671  that the products are not regulated in the state in which it is
  672  transacting business or that the person is licensed in the state
  673  in which it is transacting business.
  674         2. The name of the person; the state of domicile; the home
  675  address and Florida address of the person; the names of the
  676  owners and their percentage of ownership; the names of the
  677  officers and directors; the name, e-mail, and telephone number
  678  of a contact person; the states in which it is transacting
  679  business; and how many individuals are employed in this state.
  680         (c) If the person ceases to do business from this state, it
  681  provides written notification to the office within 30 days after
  682  cessation.
  683         (6)(5) Any person who provides, offers to provide, or holds
  684  oneself out as providing or offering to provide a service
  685  warranty to residents of in this state or from this state
  686  without holding a subsisting license commits, in addition to any
  687  other violation, a misdemeanor of the first degree, punishable
  688  as provided in s. 775.082 or s. 775.083.
  689         Section 11. Except as otherwise expressly provided in this
  690  act and except for this section, which shall take effect upon
  691  this act becoming law, this act shall take effect July 1, 2011.
  692  
  693  ================= T I T L E  A M E N D M E N T ================
  694         And the title is amended as follows:
  695         Delete everything before the enacting clause
  696  and insert:
  697                        A bill to be entitled                      
  698         An act relating to insurance; amending s. 120.80,
  699         F.S.; allowing the Division of Administrative Hearings
  700         to have final order authority with respect to certain
  701         license applicants; amending ss. 440.12 and 440.20,
  702         F.S.; authorizing the payment of workers’ compensation
  703         benefits through the use of a prepaid card; providing
  704         requirements; amending s. 624.402, F.S.; revising
  705         provisions relating to certain insurers serving
  706         nonresidents domiciled outside the United States who
  707         are exempt from requirements to obtain a certificate
  708         of authority; amending s. 626.207, F.S., relating to
  709         penalties; providing definitions; barring persons
  710         convicted of certain crimes from licensure as an
  711         insurance agent; revising provisions relating to
  712         disqualifying periods for persons convicted of other
  713         crimes; providing an exemption from the limitation
  714         against state employment for persons convicted of
  715         certain crimes; amending s. 627.4133, F.S.; changing
  716         the designated person or persons who must be notified
  717         by an insurer from the “insured” to the “first-named
  718         insured” in situations involving the nonrenewal,
  719         renewal premium, cancellation, or termination of
  720         workers’ compensation, employer liability, or certain
  721         property and casualty insurance coverage; specifying
  722         the effective date for the cancellation of a policy
  723         requested in writing by the insured; amending s.
  724         627.4137, F.S.; requiring a claimant’s request about
  725         insurance coverage to be appropriately served upon the
  726         disclosing entity; amending s. 627.442, F.S.;
  727         providing that premium audits for workers’
  728         compensation or property and casualty coverages are
  729         not required; providing exceptions; amending s.
  730         627.7277, F.S.; making a conforming change that
  731         specifies the “first-named insured” as the person who
  732         is to receive notification of a renewal premium;
  733         amending s. 627.728, F.S.; changing the designated
  734         person or persons who must be notified by an insurer
  735         from the “insured” to the “first-named insured” in
  736         certain situations involving the cancellation or
  737         nonrenewal of motor vehicle insurance coverage; making
  738         a conforming change that specifies the “first-named
  739         insured’s insurance agent” as a person who is to
  740         receive certain notifications relating to motor
  741         vehicle insurance coverage; amending s. 627.7281,
  742         F.S.; making a conforming change that specifies the
  743         “first-named insured” as the person who is to receive
  744         notification of cancellation of motor vehicle
  745         insurance coverage; creating s. 634.1711, F.S.;
  746         allowing a consumer to purchase a service agreement
  747         for a premium negotiated with the salesperson;
  748         authorizing the service agreement company to establish
  749         the premium rate; amending s. 634.403, F.S.; exempting
  750         certain persons from service warranty licensure
  751         requirements under certain circumstances; providing
  752         effective dates.