Florida Senate - 2012                                     SB 938
       
       
       
       By Senator Richter
       
       
       
       
       37-00570-12                                            2012938__
    1                        A bill to be entitled                      
    2         An act relating to insurance agents and adjusters;
    3         amending s. 624.501, F.S.; deleting the title insurer
    4         administrative surcharge for a licensed title
    5         insurance agency; amending s. 624.505, F.S.; deleting
    6         a requirement that an insurer pay an agent tax for
    7         each county in which an agent represents the insurer
    8         and has a place of business; amending s. 626.015,
    9         F.S.; revising the definitions of “adjuster” and “home
   10         state”; amending s. 626.0428, F.S.; revising
   11         provisions relating to who may bind insurance
   12         coverage; amending s. 626.171, F.S.; providing that an
   13         applicant is responsible for the information in an
   14         application even if completed by a third party;
   15         requiring an application to include a statement about
   16         the method used to meet certain requirements; amending
   17         s. 626.191, F.S.; revising provisions relating to when
   18         an applicant may apply for a license after an initial
   19         application is denied by the Department of Financial
   20         Services; amending s. 626.221, F.S.; revising
   21         provisions relating to license examinations;
   22         conforming provisions relating to all-lines adjusters;
   23         deleting an exemption from examination for certain
   24         adjusters; amending s. 626.231, F.S.; providing for
   25         submitting an application for examination on a
   26         designee’s website; amending s. 626.241, F.S.;
   27         revising the scope of the examination for an all-lines
   28         adjuster; amending s. 626.251, F.S.; providing for e
   29         mailing notices of examinations; amending s. 626.281,
   30         F.S.; specifying how many times an applicant may take
   31         an examination during a year; amending s. 626.2815,
   32         F.S.; revising provisions relating to continuing
   33         education requirements; providing that persons on
   34         active military duty may seek a waiver; providing for
   35         an update course and the contents of such course;
   36         deleting requirements relating specifically to certain
   37         types of insurance; providing education requirements
   38         for bail bond agents and public adjusters; eliminating
   39         the continuing education advisory board; amending s.
   40         626.292, F.S.; conforming provisions to changes made
   41         by the act relating to all-lines adjusters; amending
   42         s. 626.311, F.S.; conforming provisions to changes
   43         made by the act relating to limited licenses; amending
   44         s. 626.321, F.S.; revising provisions relating to
   45         limited licenses; prohibiting the future issuance of
   46         new limited licenses for motor vehicle physical damage
   47         and mechanical breakdown insurance; combining limited
   48         licenses relating to credit insurance; specifying
   49         events covered by crop hail and multiple-peril crop
   50         insurance; revising in-transit and storage personal
   51         property insurance to create a limited license for
   52         portable electronics insurance; amending s. 626.342,
   53         F.S.; clarifying that the prohibition relating to the
   54         furnishing of supplies to unlicensed agents applies to
   55         all unlicensed agents; amending s. 626.381, F.S.;
   56         revising provisions relating to the reporting of
   57         administrative actions; amending s. 626.536, F.S.;
   58         clarifying requirements for reporting administrative
   59         actions taken against a licensee; amending s. 626.551,
   60         F.S.; shortening the time within which a licensee must
   61         report to the department a change in certain
   62         information; authorizing the Department of Financial
   63         Services to adopt rules relating to notification of a
   64         change of address; amending s. 626.621, F.S.; adding
   65         failure to comply with child support requirements as
   66         grounds for action against a license; amending s.
   67         626.641, F.S.; clarifying provisions relating to the
   68         suspension or revocation of a license or appointment;
   69         amending s. 626.651, F.S.; revising provisions
   70         relating to the suspension or revocation of licenses;
   71         amending ss. 626.730 and 626.732, F.S.; revising
   72         provisions relating to the purpose of the general
   73         lines and personal lines license and certain
   74         requirements related to general lines and personal
   75         lines agents; conforming provisions to changes made by
   76         the act relating to limited licenses; amending s.
   77         626.8411, F.S.; revising requirements and exemptions
   78         relating to title insurance agents or agencies;
   79         amending s. 626.8418, F.S.; deleting the requirement
   80         that a title insurance agency deposit certain
   81         securities with the department; creating s. 626.8548,
   82         F.S.; defining the term “all-lines adjuster”; amending
   83         s. 626.855, F.S.; revising the definition of
   84         “independent adjuster”; amending s. 626.856, F.S.;
   85         revising the definition of “company employee
   86         adjuster”; repealing s. 626.858, F.S., relating to
   87         defining “nonresident company employee adjuster”;
   88         amending s. 626.8584, F.S.; revising the definition of
   89         “nonresident all-lines adjuster”; amending s. 626.863,
   90         F.S.; conforming provisions to changes made by the act
   91         relating to all-lines adjusters; amending s. 626.864,
   92         F.S.; revising provisions relating to adjuster license
   93         types; amending s. 626.865, F.S.; requiring an
   94         applicant for public adjuster to be licensed as a
   95         public adjuster apprentice; amending s. 626.866, F.S.;
   96         conforming provisions to changes made by the act
   97         relating to all-lines adjusters; repealing s. 626.867,
   98         F.S., relating to qualifications for company employee
   99         adjusters; amending s. 626.869, F.S.; revising
  100         provisions relating to an all-lines adjuster license;
  101         ceasing the issuance of certain adjuster licenses;
  102         revising continuing education requirements; amending
  103         s. 626.8697, F.S.; revising provisions relating to the
  104         violation of rules resulting in the suspension or
  105         revocation of an adjuster’s license; amending s.
  106         626.872, F.S.; conforming provisions to changes made
  107         by the act relating to all-lines adjusters; repealing
  108         s. 626.873, F.S., relating to licensure for
  109         nonresident company employee adjusters; amending s.
  110         626.8734, F.S.; amending provisions relating to
  111         nonresident all-lines adjusters; providing for
  112         verifying an applicant’s status through the National
  113         Association of Insurance Commissioners’ Producer
  114         Database; amending ss. 626.8736, 626.874, 626.875, and
  115         626.876, F.S.; conforming provisions to changes made
  116         by the act relating to all-lines adjusters; amending
  117         s. 626.927, F.S.; deleting a requirement that a
  118         licensed surplus lines agent maintain a bond;
  119         repealing s. 626.928, F.S., relating to a surplus
  120         lines agent’s bond; amending ss. 626.933, 626.935, and
  121         627.952, F.S.; conforming cross-references; amending
  122         s. 635.051, F.S.; requiring persons transacting
  123         mortgage guaranty insurance to be licensed and
  124         appointed as a credit insurance agent; amending s.
  125         648.38, F.S.; revising the notice of examination
  126         requirements for bail bond agents; amending s.
  127         648.385, F.S.; revising continuing education courses
  128         for bail bond agents, to conform to changes made by
  129         the act; amending s. 903.27, F.S.; revising provisions
  130         relating to the provision of forfeiture documents and
  131         notification of certain actions; providing effective
  132         dates.
  133  
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Paragraph (e) of subsection (27) of section
  137  624.501, Florida Statutes, is amended to read:
  138         624.501 Filing, license, appointment, and miscellaneous
  139  fees.—The department, commission, or office, as appropriate,
  140  shall collect in advance, and persons so served shall pay to it
  141  in advance, fees, licenses, and miscellaneous charges as
  142  follows:
  143         (27) Title insurance agents:
  144         (e) Title insurer and title insurance agency administrative
  145  surcharge:
  146         1. On or before January 30 of each calendar year, each
  147  title insurer shall pay an administrative surcharge of $200.00
  148  to the office for each licensed title insurance agency appointed
  149  by the title insurer and for each title insurer’s retail office
  150  that has been appointed by the title of the insurer as of on
  151  January 1 of that calendar year an administrative surcharge of
  152  $200.00.
  153         2. On or before January 30 of each calendar year, each
  154  licensed title insurance agency shall remit to the department an
  155  administrative surcharge of $200.00. The administrative
  156  surcharge may be used solely to defray the costs to the
  157  department and office for gathering and evaluating in their
  158  examination or audit of title insurance agencies and retail
  159  offices of title insurers and to gather title insurance data
  160  from title insurance agencies and insurers for statistical
  161  purposes, which shall to be furnished to and used by the office
  162  in its regulation of title insurance.
  163         Section 2. Subsection (1) of section 624.505, Florida
  164  Statutes, is amended to read:
  165         624.505 County tax; determination; additional offices;
  166  nonresident agents.—
  167         (1) The county tax imposed provided for under s. 624.501
  168  for as to an agent shall be paid by each insurer for each agent
  169  only for the county where the agent resides, or if the such
  170  agent’s place of business is not located in the a county where
  171  the agent resides other than that of her or his residence, then
  172  for the county in which the agent’s wherein is located such
  173  place of business is located. If an agent maintains an office or
  174  place of business in more than one county, the tax shall be paid
  175  for her or him by each such insurer for each county wherein the
  176  agent represents such insurer and has a place of business. If
  177  When under this subsection an insurer is paying the required to
  178  pay county tax for an agent for a county or counties other than
  179  the agent’s county of residence, the insurer must shall
  180  designate the county or counties for which the taxes are paid.
  181         Section 3. Subsections (1) and (7) of section 626.015,
  182  Florida Statutes, are amended to read:
  183         626.015 Definitions.—As used in this part:
  184         (1) “Adjuster” means a public adjuster as defined in s.
  185  626.854, a public adjuster apprentice as defined in s. 626.8541,
  186  or an all-lines adjuster as defined in s. 626.8548 independent
  187  adjuster as defined in s. 626.855, or company employee adjuster
  188  as defined in s. 626.856.
  189         (7) “Home state” means the District of Columbia and any
  190  state or territory of the United States in which an insurance
  191  agent or adjuster maintains his or her principal place of
  192  residence or principal place of business and is licensed to act
  193  as an insurance agent or adjuster.
  194         Section 4. Subsections (2) and (3) of section 626.0428,
  195  Florida Statutes, are amended to read:
  196         626.0428 Agency personnel powers, duties, and limitations.—
  197         (2) An No employee of an agent or agency may not bind
  198  insurance coverage unless licensed and appointed as an a general
  199  lines agent or customer representative.
  200         (3) An No employee of an agent or agency may not initiate
  201  contact with any person for the purpose of soliciting insurance
  202  unless licensed and appointed as an a general lines agent or
  203  customer representative.
  204         Section 5. Subsection (1) and paragraph (b) of subsection
  205  (2) of section 626.171, Florida Statutes, are amended to read:
  206         626.171 Application for license as an agent, customer
  207  representative, adjuster, service representative, managing
  208  general agent, or reinsurance intermediary.—
  209         (1) The department may shall not issue a license as agent,
  210  customer representative, adjuster, service representative,
  211  managing general agent, or reinsurance intermediary to any
  212  person except upon written application therefor filed with the
  213  department it, meeting the qualifications for the license
  214  applied for as determined by the department qualification
  215  therefor, and payment in advance of all applicable fees. The Any
  216  such application must shall be made under the oath of the
  217  applicant and be signed by the applicant. An applicant may
  218  permit a third party to complete, submit, and sign an
  219  application on the applicant’s behalf, but is responsible for
  220  ensuring that the information on the application is true and
  221  correct and is accountable for any misstatements or
  222  misrepresentations. The department shall accept the uniform
  223  application for nonresident agent licensing. The department may
  224  adopt revised versions of the uniform application by rule.
  225         (2) In the application, the applicant shall set forth:
  226         (b) A statement indicating the method the applicant used or
  227  is using to meet any required prelicensing education, knowledge,
  228  experience, or instructional requirements for the type of
  229  license applied for. Proof that he or she has completed or is in
  230  the process of completing any required prelicensing course.
  231  
  232  However, the application must contain a statement that an
  233  applicant is not required to disclose his or her race or
  234  ethnicity, gender, or native language, that he or she will not
  235  be penalized for not doing so, and that the department will use
  236  this information exclusively for research and statistical
  237  purposes and to improve the quality and fairness of the
  238  examinations.
  239         Section 6. Section 626.191, Florida Statutes, is amended to
  240  read:
  241         626.191 Repeated applications.—The failure of an applicant
  242  to secure a license upon an application does shall not preclude
  243  the applicant from applying again. However as many times as
  244  desired, but the department may shall not consider give
  245  consideration to or accept any further application by the same
  246  applicant individual for a similar license dated or filed within
  247  30 days after subsequent to the date the department denied the
  248  last application, except as provided under in s. 626.281.
  249         Section 7. Subsection (2) of section 626.221, Florida
  250  Statutes, is amended to read:
  251         626.221 Examination requirement; exemptions.—
  252         (2) However, an no such examination is not shall be
  253  necessary for in any of the following cases:
  254         (a) An applicant for renewal of appointment as an agent,
  255  customer representative, or adjuster, unless the department
  256  determines that an examination is necessary to establish the
  257  competence or trustworthiness of the such applicant.
  258         (b) An applicant for a limited license as agent for travel
  259  insurance, motor vehicle rental personal accident insurance,
  260  baggage and motor vehicle excess liability insurance, credit
  261  life or disability insurance, credit insurance, credit property
  262  insurance, in-transit and storage personal property insurance,
  263  or portable electronics communications equipment property
  264  insurance or communication equipment inland marine insurance
  265  under s. 326.321.
  266         (c) In the discretion of the department, an applicant for
  267  reinstatement of license or appointment as an agent, customer
  268  representative, company employee adjuster, or independent
  269  adjuster whose license has been suspended within the 4 years
  270  before prior to the date of application or written request for
  271  reinstatement.
  272         (d) An applicant who, within the 4 years before prior to
  273  application for license and appointment as an agent, customer
  274  representative, or adjuster, was a full-time salaried employee
  275  of the department who and had continuously been such an employee
  276  with responsible insurance duties for at least not less than 2
  277  continuous years and who had been a licensee within the 4 years
  278  before prior to employment by the department with the same class
  279  of license as that being applied for.
  280         (e) An applicant A person who has been licensed as an all
  281  lines adjuster and appointed as an independent adjuster or
  282  company employee adjuster as to all property, casualty, and
  283  surety insurances may be licensed and appointed as a company
  284  employee adjuster or independent adjuster, as to these kinds of
  285  insurance, without additional written examination if an
  286  application for licensure is filed with the department within 48
  287  months following the date of cancellation or expiration of the
  288  prior appointment.
  289         (f) A person who has been licensed as a company employee
  290  adjuster or independent adjuster for motor vehicle, property and
  291  casualty, workers’ compensation, and health insurance may be
  292  licensed as such an adjuster without additional written
  293  examination if his or her application for licensure is filed
  294  with the department within 48 months after cancellation or
  295  expiration of the prior license.
  296         (f)(g) An applicant for a temporary license, except as
  297  otherwise provided in this code.
  298         (g)(h) An applicant for a license as a life or health agent
  299  license who has received the designation of chartered life
  300  underwriter (CLU) from the American College of Life Underwriters
  301  and who has been engaged in the insurance business within the
  302  past 4 years, except that the applicant such an individual may
  303  be examined on pertinent provisions of this code.
  304         (h)(i) An applicant for license as a general lines agent,
  305  customer representative, or adjuster who has received the
  306  designation of chartered property and casualty underwriter
  307  (CPCU) from the American Institute for Property and Liability
  308  Underwriters and who has been engaged in the insurance business
  309  within the past 4 years, except that the applicant such an
  310  individual may be examined on pertinent provisions of this code.
  311         (i)(j) An applicant for license as a customer
  312  representative who has earned the designation of Accredited
  313  Advisor in Insurance (AAI) from the Insurance Institute of
  314  America, the designation of Certified Insurance Counselor (CIC)
  315  from the Society of Certified Insurance Service Counselors, the
  316  designation of Accredited Customer Service Representative (ACSR)
  317  from the Independent Insurance Agents of America, the
  318  designation of Certified Professional Service Representative
  319  (CPSR) from the National Foundation for Certified Professional
  320  Service Representatives, the designation of Certified Insurance
  321  Service Representative (CISR) from the Society of Certified
  322  Insurance Service Representatives, or the designation of
  323  Certified Insurance Representative (CIR) from the National
  324  Association of Christian Catastrophe Insurance Adjusters. Also,
  325  an applicant for license as a customer representative who has
  326  earned an associate degree or bachelor’s degree from an
  327  accredited college or university and has completed with at least
  328  9 academic hours of property and casualty insurance curriculum,
  329  or the equivalent, or has earned the designation of Certified
  330  Customer Service Representative (CCSR) from the Florida
  331  Association of Insurance Agents, or the designation of
  332  Registered Customer Service Representative (RCSR) from a
  333  regionally accredited postsecondary institution in this state,
  334  or the designation of Professional Customer Service
  335  Representative (PCSR) from the Professional Career Institute,
  336  whose curriculum has been approved by the department and which
  337  whose curriculum includes comprehensive analysis of basic
  338  property and casualty lines of insurance and testing at least
  339  equal to that of standard department testing for the customer
  340  representative license. The department shall adopt rules
  341  establishing standards for the approval of curriculum.
  342         (j)(k) An applicant for license as a resident or
  343  nonresident all-lines an independent or company employee
  344  adjuster who has the designation of Accredited Claims Adjuster
  345  (ACA) from a regionally accredited postsecondary institution in
  346  this state, Professional Claims Adjuster (PCA) from the
  347  Professional Career Institute, Professional Property Insurance
  348  Adjuster (PPIA) from the HurriClaim Training Academy, Certified
  349  Adjuster (CA) from ALL LINES Training, or Certified Claims
  350  Adjuster (CCA) from the Association of Property and Casualty
  351  Claims Professionals whose curriculum has been approved by the
  352  department and which whose curriculum includes comprehensive
  353  analysis of basic property and casualty lines of insurance and
  354  testing at least equal to that of standard department testing
  355  for the all-lines adjuster license. The department shall adopt
  356  rules establishing standards for the approval of curriculum.
  357         (k)(l) An applicant qualifying for a license transfer under
  358  s. 626.292, if the applicant:
  359         1. Has successfully completed the prelicensing examination
  360  requirements in the applicant’s previous home state which are
  361  substantially equivalent to the examination requirements in this
  362  state, as determined by the department;
  363         2. Has received the designation of chartered property and
  364  casualty underwriter (CPCU) from the American Institute for
  365  Property and Liability Underwriters and has been engaged in the
  366  insurance business within the past 4 years if applying to
  367  transfer a general lines agent license; or
  368         3. Has received the designation of chartered life
  369  underwriter (CLU) from the American College of Life Underwriters
  370  and has been engaged in the insurance business within the past 4
  371  years, if applying to transfer a life or health agent license.
  372         (l)(m) An applicant for a license as a nonresident agent
  373  license, if the applicant:
  374         1. Has successfully completed prelicensing examination
  375  requirements in the applicant’s home state which are
  376  substantially equivalent to the examination requirements in this
  377  state, as determined by the department, as a requirement for
  378  obtaining a resident license in his or her home state;
  379         2. Held a general lines agent license, life agent license,
  380  or health agent license before prior to the time a written
  381  examination was required;
  382         3. Has received the designation of chartered property and
  383  casualty underwriter (CPCU) from the American Institute for
  384  Property and Liability Underwriters and has been engaged in the
  385  insurance business within the past 4 years, if an applicant for
  386  a nonresident license as a general lines agent; or
  387         4. Has received the designation of chartered life
  388  underwriter (CLU) from the American College of Life Underwriters
  389  and has been in the insurance business within the past 4 years,
  390  if an applicant for a nonresident license as a life agent or
  391  health agent.
  392         Section 8. Subsection (2) of section 626.231, Florida
  393  Statutes, is amended to read:
  394         626.231 Eligibility; application for examination.—
  395         (2) A person required to take an examination for a license
  396  may be permitted to take an examination before prior to
  397  submitting an application for licensure pursuant to s. 626.171
  398  by submitting an application for examination through the
  399  department’s Internet website or the website of a person
  400  designated by the department to administer the examination. The
  401  department may require In the application, the applicant to
  402  provide the following information as part of the application
  403  shall set forth:
  404         (a) His or her full name, date of birth age, social
  405  security number, residence address, business address, and
  406  mailing address.
  407         (b) The type of license which that the applicant intends to
  408  apply for.
  409         (c) The name of any required prelicensing course he or she
  410  has completed or is in the process of completing.
  411         (d) The method by which the applicant intends to qualify
  412  for the type of license if other than by completing a
  413  prelicensing course.
  414         (e) The applicant’s gender (male or female).
  415         (f) The applicant’s native language.
  416         (g) The highest level of education achieved by the
  417  applicant.
  418         (h) The applicant’s race or ethnicity (African American,
  419  white, American Indian, Asian, Hispanic, or other).
  420  
  421  However, the application form must contain a statement that an
  422  applicant is not required to disclose his or her race or
  423  ethnicity, gender, or native language, that he or she will not
  424  be penalized for not doing so, and that the department will use
  425  this information exclusively for research and statistical
  426  purposes and to improve the quality and fairness of the
  427  examinations.
  428         Section 9. Subsection (6) of section 626.241, Florida
  429  Statutes, is amended to read:
  430         626.241 Scope of examination.—
  431         (6) In order to reflect the differences between adjusting
  432  claims for an insurer and adjusting claims for an insured, the
  433  department shall create an examination for applicants seeking
  434  licensure as a public adjuster and a separate examination for
  435  applicants seeking licensure as an all-lines a company employee
  436  adjuster or independent adjuster.
  437         (a) Examinations given applicants for a license as an all
  438  lines adjuster must shall cover adjusting in all lines of
  439  insurance, other than life and annuity; or, in accordance with
  440  the application for the license, the examination may be limited
  441  to adjusting in:
  442         (a) Automobile physical damage insurance;
  443         (b) Property and casualty insurance;
  444         (c) Workers’ compensation insurance; or
  445         (d) Health insurance.
  446         (b) An No examination for workers’ on worker’s compensation
  447  insurance or health insurance is not shall be required for
  448  public adjusters.
  449         Section 10. Subsection (1) of section 626.251, Florida
  450  Statutes, is amended to read:
  451         626.251 Time and place of examination; notice.—
  452         (1) The department, or a person designated by the
  453  department, shall provide mail written notice of the time and
  454  place of the examination to each applicant for examination and
  455  each applicant for license required to take an examination who
  456  will be eligible to take the examination as of the examination
  457  date. The notice shall be e-mailed so mailed, postage prepaid,
  458  and addressed to the applicant at the e-mail his or her address
  459  shown on the application for license or examination at such
  460  other address as requested by the applicant in writing filed
  461  with the department prior to the mailing of the notice. Notice
  462  is shall be deemed given when so mailed.
  463         Section 11. Section 626.281, Florida Statutes, is amended
  464  to read:
  465         626.281 Reexamination.—
  466         (1) An Any applicant for license or applicant for
  467  examination who has either:
  468         (a) Taken an examination and failed to make a passing
  469  grade, or
  470         (b) Failed to appear for the examination or to take or
  471  complete the examination at the time and place specified in the
  472  notice of the department,
  473  
  474  may take additional examinations, after filing with the
  475  department or its designee an application for reexamination
  476  together with applicable fees. The failure of an applicant to
  477  pass an examination, or the failure to appear for the
  478  examination, or to take or complete the examination does not
  479  preclude the applicant from taking subsequent examinations.
  480         (2) Applicants may take an examination for a license type
  481  up to three times in a 12-month period.
  482         (3)(2) The department may require an any individual whose
  483  license as an agent, customer representative, or adjuster has
  484  expired or has been suspended to pass an examination before
  485  prior to reinstating or relicensing the individual as to any
  486  class of license. The examination fee must shall be paid for as
  487  to each examination.
  488         Section 12. Section 626.2815, Florida Statutes, is amended
  489  to read:
  490         626.2815 Continuing education required; application;
  491  exceptions; requirements; penalties.—
  492         (1) The purpose of this section is to establish
  493  requirements and standards for continuing education courses for
  494  individuals persons licensed to solicit, or sell, or adjust
  495  insurance in the state.
  496         (2) Except as otherwise provided in this section, the
  497  provisions of this section applies apply to individuals persons
  498  licensed to engage in the sale of insurance or adjustment of
  499  insurance claims in this state for all lines of insurance for
  500  which an examination is required for licensing and to each
  501  insurer, employer, or appointing entity, including, but not
  502  limited to, those created or existing pursuant to s. 627.351.
  503  The provisions of This section does shall not apply to an any
  504  individual who holds person holding a license for the sale of
  505  any line of insurance for which an examination is not required
  506  by the laws of this state or who holds a, nor shall the
  507  provisions of this section apply to any limited license as the
  508  department may exempt by rule. Licensees who are unable to
  509  comply with the continuing education requirements due to active
  510  duty in the military may submit a written request for a waiver
  511  to the department.
  512         (3)(a) Each licensee person subject to the provisions of
  513  this section must, except as set forth in paragraphs (b), (c),
  514  and (d), complete a minimum of 24 hours of continuing education
  515  courses every 2 years in basic or higher-level courses
  516  prescribed by this section or in other courses approved by the
  517  department.
  518         (a) Each licensee person subject to the provisions of this
  519  section must complete, as part of his or her required number of
  520  continuing education hours, 3 hours of continuing education,
  521  approved by the department, every 2 years on the subject matter
  522  of ethics. Each licensed general lines agent and customer
  523  representative subject to this section must complete, as part of
  524  his or her required number of continuing education hours, 1 hour
  525  of continuing education, approved by the department, every 2
  526  years on the subject matter of premium discounts available on
  527  property insurance policies based on various hurricane
  528  mitigation options and the means for obtaining the discounts.
  529         (b) A licensee person who has been licensed for a period of
  530  6 or more years must complete 20 hours of continuing education
  531  every 2 years in intermediate or advanced-level courses
  532  prescribed by this section or in other courses approved by the
  533  department.
  534         (c) A licensee who has been licensed for 25 years or more
  535  and is a CLU or a CPCU or has a Bachelor of Science degree in
  536  risk management or insurance with evidence of 18 or more
  537  semester hours in upper-level insurance-related courses must
  538  complete 10 hours of continuing education courses every 2 years
  539  in courses prescribed by this section or in other courses
  540  approved by the department.
  541         (d) An individual Any person who holds a license as a
  542  customer representative, limited customer representative, title
  543  agent, motor vehicle physical damage and mechanical breakdown
  544  insurance agent, crop or hail and multiple-peril crop insurance
  545  agent, or as an industrial fire insurance or burglary insurance
  546  agent and who is not a licensed life or health insurance agent,
  547  must shall be required to complete 10 hours of continuing
  548  education courses every 2 years.
  549         (e) An individual Any person who holds a license to solicit
  550  or sell life or health insurance and a license to solicit or
  551  sell property, casualty, surety, or surplus lines insurance must
  552  complete the continuing education requirements by completing
  553  courses in life or health insurance for one-half of the total
  554  hours required and courses in property, casualty, surety, or
  555  surplus lines insurance for one-half of the total hours
  556  required. However, a licensee who holds an industrial fire or
  557  burglary insurance license and who is a licensed life or health
  558  agent must shall be required to complete 4 hours of continuing
  559  education courses every 2 years related to industrial fire or
  560  burglary insurance and the remaining number of hours of
  561  continuing education courses required related to life or health
  562  insurance.
  563         (f) Excess hours accumulated during any 2-year compliance
  564  period may be carried forward to the next compliance period.
  565         (g) An individual teaching an approved course of
  566  instruction or lecturing at an any approved seminar and
  567  attending the entire course or seminar qualifies for the same
  568  number of classroom hours as would be granted to a person taking
  569  and successfully completing such course or seminar. Credit is
  570  limited to the number of hours actually taught unless a person
  571  attends the entire course or seminar. An individual who is an
  572  official of or employed by a governmental entity in this state
  573  and serves as a professor, instructor, or other position or
  574  office, the duties and responsibilities of which are determined
  575  by the department to require monitoring and review of insurance
  576  laws or insurance regulations and practices, is exempt from this
  577  section.
  578         (4)(f)1.Except as provided in subparagraph 2., Compliance
  579  with continuing education requirements is a condition precedent
  580  to the issuance, continuation, reinstatement, or renewal of any
  581  appointment subject to this section. However:
  582         (a)2.a. An appointing entity, except one that appoints
  583  individuals who are employees or exclusive independent
  584  contractors of the appointing entity, may not require, directly
  585  or indirectly, as a condition of such appointment or the
  586  continuation of such appointment, the taking of an approved
  587  course or program by any appointee or potential appointee which
  588  that is not of the appointee’s choosing.
  589         (b)b. Any entity created or existing pursuant to s. 627.351
  590  may require employees to take training of any type relevant to
  591  their employment but may not require appointees who are not
  592  employees to take any approved course or program unless the
  593  course or program deals solely with the appointing entity’s
  594  internal procedures or products or with subjects substantially
  595  unique to the appointing entity.
  596         (g)A person teaching any approved course of instruction or
  597  lecturing at any approved seminar and attending the entire
  598  course or seminar shall qualify for the same number of classroom
  599  hours as would be granted to a person taking and successfully
  600  completing such course, seminar, or program. Credit shall be
  601  limited to the number of hours actually taught unless a person
  602  attends the entire course or seminar. Any person who is an
  603  official of or employed by any governmental entity in this state
  604  and serves as a professor, instructor, or in any other position
  605  or office the duties and responsibilities of which are
  606  determined by the department to require monitoring and review of
  607  insurance laws or insurance regulations and practices shall be
  608  exempt from this section.
  609         (h) Excess classroom hours accumulated during any
  610  compliance period may be carried forward to the next compliance
  611  period.
  612         (5)(i) For good cause shown, the department may grant an
  613  extension of time during which the requirements of imposed by
  614  this section may be completed, but such extension of time may
  615  not exceed 1 year.
  616         (6)(j) A nonresident licensee who must complete continuing
  617  education requirements in his or her home state may use the home
  618  state requirements to also meet this state’s continuing
  619  education requirements as well, if the licensee’s resident’s
  620  home state recognizes reciprocity with this state’s continuing
  621  education requirements. A nonresident licensee whose home state
  622  does not have a continuing education requirement but is licensed
  623  for the same class of business in another state that has which
  624  does have a continuing education requirement may comply with
  625  this section by furnishing proof of compliance with the other
  626  state’s requirement if that state has a reciprocal agreement
  627  with this state relative to continuing education. A nonresident
  628  licensee whose home state does not have such continuing
  629  education requirements, and who is not licensed as a nonresident
  630  licensee agent in a state that has continuing education
  631  requirements and reciprocates with this state, must meet the
  632  continuing education requirements of this state.
  633         (k) Any person who holds a license to solicit or sell life
  634  insurance in this state must complete a minimum of 3 hours in
  635  continuing education, approved by the department, on the subject
  636  of suitability in annuity and life insurance transactions. This
  637  requirement does not apply to an agent who does not have any
  638  active life insurance or annuity contracts. In applying this
  639  exemption, the department may require the filing of a
  640  certification attesting that the agent has not sold life
  641  insurance or annuities during the continuing education
  642  compliance cycle in question and does not have any active life
  643  insurance or annuity contracts. A licensee may use the hours
  644  obtained under this paragraph to satisfy the requirement for
  645  continuing education in ethics under paragraph (a).
  646         (7)(4) The following courses may be completed in order to
  647  meet the elective continuing education course requirements:
  648         (a) Any part of the Life Underwriter Training Council Life
  649  Course Curriculum: 24 hours; Health Course: 12 hours.
  650         (b) Any part of the American College “CLU” diploma
  651  curriculum: 24 hours.
  652         (c) Any part of the Insurance Institute of America’s
  653  program in general insurance: 12 hours.
  654         (d) Any part of the American Institute for Property and
  655  Liability Underwriters’ Chartered Property Casualty Underwriter
  656  (CPCU) professional designation program: 24 hours.
  657         (e) Any part of the Certified Insurance Counselor program:
  658  21 hours.
  659         (f) Any part of the Accredited Advisor in Insurance: 21
  660  hours.
  661         (g) In the case of title agents, completion of the
  662  Certified Land Closer (CLC) professional designation program and
  663  receipt of the designation: 24 hours.
  664         (h) In the case of title agents, completion of the
  665  Certified Land Searcher (CLS) professional designation program
  666  and receipt of the designation: 24 hours.
  667         (i) Any insurance-related course that which is approved by
  668  the department and taught by an accredited college or university
  669  per credit hour granted: 12 hours.
  670         (j) Any course, including courses relating to agency
  671  management or errors and omissions, developed or sponsored by an
  672  any authorized insurer or recognized agents’ association or
  673  insurance trade association or an any independent study program
  674  of instruction, subject to approval by the department, qualifies
  675  for the equivalency of the number of classroom hours assigned
  676  thereto by the department. However, unless otherwise provided in
  677  this section, continuing education hours may not be credited
  678  toward meeting the requirements of this section unless the
  679  course is provided by classroom instruction or results in a
  680  monitored examination. A monitored examination is not required
  681  for:
  682         1. An independent study program of instruction presented
  683  through interactive, online technology that the department
  684  determines has sufficient internal testing to validate the
  685  student’s full comprehension of the materials presented; or
  686         2. An independent study program of instruction presented on
  687  paper or in printed material which that imposes a final closed
  688  book examination that meets the requirements of the department’s
  689  rule for self-study courses. The examination may be taken
  690  without a proctor if provided the student presents to the
  691  provider a sworn affidavit certifying that the student did not
  692  consult any written materials or receive outside assistance of
  693  any kind or from any person, directly or indirectly, while
  694  taking the examination. If the student is an employee of an
  695  agency or corporate entity, the student’s supervisor or a
  696  manager or owner of the agency or corporate entity must also
  697  sign the sworn affidavit. If the student is self-employed, a
  698  sole proprietor, or a partner, or if the examination is
  699  administered online, the sworn affidavit must also be signed by
  700  a disinterested third party. The sworn affidavit must be
  701  received by the approved provider before prior to reporting
  702  continuing education credits to the department.
  703         (8)(k) Each person or entity sponsoring a course for
  704  continuing education credit must furnish, within 15 30 days
  705  after completion of the course, in a form satisfactory to the
  706  department or its designee, a written and certified roster
  707  showing the name and license number of all persons successfully
  708  completing such course and requesting credit, accompanied by the
  709  required fee.
  710         (9)(5) The department may immediately terminate or shall
  711  refuse to renew the appointment of an any agent or adjuster who
  712  has been notified by the department that who has not had his or
  713  her continuing education requirements have not been certified,
  714  unless the agent or adjuster has been granted an extension or
  715  waiver by the department. The department may not issue a new
  716  appointment of the same or similar type, with any insurer, to a
  717  licensee an agent who was denied a renewal appointment for
  718  failing failure to complete continuing education as required
  719  until the licensee agent completes his or her continuing
  720  education requirement.
  721         (6)(a) There is created an 11-member continuing education
  722  advisory board to be appointed by the Chief Financial Officer.
  723  Appointments shall be for terms of 4 years. The purpose of the
  724  board is to advise the department in determining standards by
  725  which courses may be evaluated and categorized as basic,
  726  intermediate, or advanced. The board shall submit
  727  recommendations to the department of changes needed in such
  728  criteria not less frequently than every 2 years. The department
  729  shall require all approved course providers to submit courses
  730  for approval to the department using the criteria. All
  731  materials, brochures, and advertisements related to the approved
  732  courses must specify the level assigned to the course.
  733         (b) The board members shall be appointed as follows:
  734         1. Seven members representing agents of which at least one
  735  must be a representative from each of the following
  736  organizations: the Florida Association of Insurance Agents; the
  737  Florida Association of Insurance and Financial Advisors; the
  738  Professional Insurance Agents of Florida, Inc.; the Florida
  739  Association of Health Underwriters; the Specialty Agents’
  740  Association; the Latin American Agents’ Association; and the
  741  National Association of Insurance Women. Such board members must
  742  possess at least a bachelor’s degree or higher from an
  743  accredited college or university with major coursework in
  744  insurance, risk management, or education or possess the
  745  designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In addition,
  746  each member must possess 5 years of classroom instruction
  747  experience or 5 years of experience in the development or design
  748  of educational programs or 10 years of experience as a licensed
  749  resident agent. Each organization may submit to the department a
  750  list of recommendations for appointment. If one organization
  751  does not submit a list of recommendations, the Chief Financial
  752  Officer may select more than one recommended person from a list
  753  submitted by other eligible organizations.
  754         2. Two members representing insurance companies at least
  755  one of whom must represent a Florida Domestic Company and one of
  756  whom must represent the Florida Insurance Council. Such board
  757  members must be employed within the training department of the
  758  insurance company. At least one such member must be a member of
  759  the Society of Insurance Trainers and Educators.
  760         3. One member representing the general public who is not
  761  directly employed in the insurance industry. Such board member
  762  must possess a minimum of a bachelor’s degree or higher from an
  763  accredited college or university with major coursework in
  764  insurance, risk management, training, or education.
  765         4. One member, appointed by the Chief Financial Officer,
  766  who represents the department.
  767         (c) The members of the board shall serve at the pleasure of
  768  the Chief Financial Officer. Each board member shall be entitled
  769  to reimbursement for expenses pursuant to s. 112.061. The board
  770  shall designate one member as chair. The board shall meet at the
  771  call of the chair or the Chief Financial Officer.
  772         (10)(7) The department may contract services relative to
  773  the administration of the continuing education program to a
  774  private entity. The contract shall be procured as a contract for
  775  a contractual service pursuant to s. 287.057.
  776         Section 13. Effective October 1, 2014, subsection (3) of
  777  section 626.2815, Florida Statutes, as amended by this act, is
  778  amended to read:
  779         626.2815 Continuing education requirements.—
  780         (3) Each licensee subject to this section must, except as
  781  set forth in paragraphs (b), (c), and (d), complete a 7-hour
  782  update course every 2 years which is specific to the license
  783  held by the licensee. The course must be developed and offered
  784  by providers and approved by the department. The content of the
  785  course must address all lines of insurance for which examination
  786  and license is required and include the following subject areas:
  787  insurance law updates, ethics for insurance professionals,
  788  disciplinary trends and case studies, industry trends,
  789  determining suitability of products and services, and other
  790  similar insurance-related topics the department determines are
  791  relevant to legally and ethically carrying out the
  792  responsibilities of the license granted. A licensee who holds
  793  multiple insurance licenses must complete an update course that
  794  is specific to at least one of the licenses held. Except as
  795  otherwise specified, any remaining required hours of continuing
  796  education are elective and may consist of any continuing
  797  education course approved by the department or under this
  798  section minimum of 24 hours of continuing education courses
  799  every 2 years in basic or higher-level courses prescribed by
  800  this section or in other courses approved by the department.
  801         (a) Except as provided in paragraphs (b), (c), (d), (e),
  802  and (f), each licensee must also complete 17 3 hours of elective
  803  continuing education courses, approved by the department, every
  804  2 years on the subject matter of ethics. Each licensed general
  805  lines agent and customer representative must complete 1 hour of
  806  continuing education, approved by the department, every 2 years
  807  on the subject matter of premium discounts available on property
  808  insurance policies based on various hurricane mitigation options
  809  and the means for obtaining the discounts.
  810         (b) A licensee who has been licensed for 6 or more years
  811  must also complete a minimum of 13 20 hours of elective
  812  continuing education every 2 years in intermediate or advanced
  813  level courses prescribed by this section or in other courses
  814  approved by the department.
  815         (c) A licensee who has been licensed for 25 years or more
  816  and is a CLU or a CPCU or has a Bachelor of Science degree in
  817  risk management or insurance with evidence of 18 or more
  818  semester hours in upper-level insurance-related courses must
  819  also complete a minimum of 3 10 hours of elective continuing
  820  education courses every 2 years in courses prescribed by this
  821  section or in other courses approved by the department.
  822         (d) An individual who holds a license as a customer
  823  representative, limited customer representative, title agent,
  824  motor vehicle physical damage and mechanical breakdown insurance
  825  agent, crop or hail and multiple-peril crop insurance agent, or
  826  an industrial fire insurance or burglary insurance agent and who
  827  is not a licensed life or health agent, must also complete a
  828  minimum of 3 10 hours of continuing education courses every two
  829  years.
  830         (e) An individual who holds a license to solicit or sell
  831  life or health insurance and a license to solicit or sell
  832  property, casualty, surety, or surplus lines insurance must
  833  complete courses in life or health insurance for one-half of the
  834  total hours required and courses in property, casualty, surety,
  835  or surplus lines insurance for one-half of the total hours
  836  required. However, a licensee who holds an industrial fire or
  837  burglary insurance license and who is a licensed life or health
  838  agent must complete 4 hours of continuing education courses
  839  every 2 years related to industrial fire or burglary insurance
  840  and the remaining number of hours of continuing education
  841  courses related to life or health insurance.
  842         (e) An individual subject to chapter 648 must complete the
  843  7-hour update course and a minimum of 7 hours of elective
  844  continuing education courses every 2 years.
  845         (f) Elective continuing education courses for public
  846  adjusters must be specifically designed for public adjusters and
  847  approved by the department. Notwithstanding this subsection,
  848  public adjusters for workers’ compensation insurance or health
  849  insurance are not required to take continuing education courses
  850  pursuant to this section.
  851         (g)(f) Excess hours accumulated during any 2-year
  852  compliance period may be carried forward to the next compliance
  853  period.
  854         (h)(g) An individual teaching an approved course of
  855  instruction or lecturing at an any approved seminar and
  856  attending the entire course or seminar qualifies for the same
  857  number of classroom hours as would be granted to a person taking
  858  and successfully completing such course or seminar. Credit is
  859  limited to the number of hours actually taught unless a person
  860  attends the entire course or seminar. An individual who is an
  861  official of or employed by a governmental entity in this state
  862  and serves as a professor, instructor, or other position or
  863  office, the duties and responsibilities of which are determined
  864  by the department to require monitoring and review of insurance
  865  laws or insurance regulations and practices, is exempt from this
  866  section.
  867         Section 14. Subsections (1) and (2) of section 626.292,
  868  Florida Statutes, are amended to read:
  869         626.292 Transfer of license from another state.—
  870         (1) An Any individual licensed in good standing in another
  871  state may apply to the department to have the license
  872  transferred to this state to obtain a Florida resident agent or
  873  all-lines adjuster license for the same lines of authority
  874  covered by the license in the other state.
  875         (2) To qualify for a license transfer, an individual
  876  applicant must meet the following requirements:
  877         (a) The individual must shall become a resident of this
  878  state.
  879         (b) The individual must shall have been licensed in another
  880  state for a minimum of 1 year immediately preceding the date the
  881  individual became a resident of this state.
  882         (c) The individual must shall submit a completed
  883  application for this state which is received by the department
  884  within 90 days after the date the individual became a resident
  885  of this state, along with payment of the applicable fees set
  886  forth in s. 624.501 and submission of the following documents:
  887         1. A certification issued by the appropriate official of
  888  the applicant’s home state identifying the type of license and
  889  lines of authority under the license and stating that, at the
  890  time the license from the home state was canceled, the applicant
  891  was in good standing in that state or that the state’s Producer
  892  Database records, maintained by the National Association of
  893  Insurance Commissioners, its affiliates, or subsidiaries,
  894  indicate that the agent or all-lines adjuster is or was licensed
  895  in good standing for the line of authority requested.
  896         2. A set of the individual applicant’s fingerprints in
  897  accordance with s. 626.171(4).
  898         (d) The individual must shall satisfy prelicensing
  899  education requirements in this state, unless the completion of
  900  prelicensing education requirements was a prerequisite for
  901  licensure in the other state and the prelicensing education
  902  requirements in the other state are substantially equivalent to
  903  the prelicensing requirements of this state as determined by the
  904  department. This paragraph does not apply to all-lines
  905  adjusters.
  906         (e) The individual must shall satisfy the examination
  907  requirement under s. 626.221, unless exempted exempt thereunder.
  908         Section 15. Subsections (2) and (3) of section 626.311,
  909  Florida Statutes, are amended to read:
  910         626.311 Scope of license.—
  911         (2) Except with respect as to a limited license as a credit
  912  life or disability insurance agent, the license of a life agent
  913  covers shall cover all classes of life insurance business.
  914         (3) Except with respect as to a limited license as a travel
  915  personal accident insurance agent, the license of a health agent
  916  covers shall cover all kinds of health insurance; and such no
  917  license may not shall be issued limited to a particular class of
  918  health insurance.
  919         Section 16. Subsections (1) and (4) of section 626.321,
  920  Florida Statutes, are amended to read:
  921         626.321 Limited licenses.—
  922         (1) The department shall issue to a qualified applicant
  923  individual, or a qualified individual or entity under paragraphs
  924  (c), (d), (e), and (i), a license as agent authorized to
  925  transact a limited class of business in any of the following
  926  categories of limited lines insurance:
  927         (a) Motor vehicle physical damage and mechanical breakdown
  928  insurance.—License covering insurance against only the loss of
  929  or damage to a any motor vehicle that which is designed for use
  930  upon a highway, including trailers and semitrailers designed for
  931  use with such vehicles. Such license also covers insurance
  932  against the failure of an original or replacement part to
  933  perform any function for which it was designed. The applicant
  934  for such a license shall pass a written examination covering
  935  motor vehicle physical damage insurance and mechanical breakdown
  936  insurance. A licensee under this paragraph may not No individual
  937  while so licensed shall hold a license as an agent for as to any
  938  other or additional kind or class of insurance coverage except
  939  as to a limited license for credit insurance life and disability
  940  insurances as provided in paragraph (e). Effective October 1,
  941  2012, all licensees holding such limited license and appointment
  942  may renew the license and appointment, but no new or additional
  943  licenses may be issued pursuant to this paragraph, and a
  944  licensee whose limited license under this paragraph has been
  945  terminated, suspended, or revoked may not have such license
  946  reinstated.
  947         (b) Industrial fire insurance or burglary insurance.
  948  License covering only industrial fire insurance or burglary
  949  insurance. The applicant for such a license must shall pass a
  950  written examination covering such insurance. A licensee under
  951  this paragraph may not No individual while so licensed shall
  952  hold a license as an agent for as to any other or additional
  953  kind or class of insurance coverage except for as to life
  954  insurance and health insurance insurances.
  955         (c) Travel insurance.—License covering only policies and
  956  certificates of travel insurance, which are subject to review by
  957  the office under s. 624.605(1)(q). Policies and certificates of
  958  travel insurance may provide coverage for risks incidental to
  959  travel, planned travel, or accommodations while traveling,
  960  including, but not limited to, accidental death and
  961  dismemberment of a traveler; trip cancellation, interruption, or
  962  delay; loss of or damage to personal effects or travel
  963  documents; baggage delay; emergency medical travel or evacuation
  964  of a traveler; or medical, surgical, and hospital expenses
  965  related to an illness or emergency of a traveler. Any Such
  966  policy or certificate may be issued for terms longer than 60
  967  days, but each policy or certificate, other than a policy or
  968  certificate providing coverage for air ambulatory services only,
  969  each policy or certificate must be limited to coverage for
  970  travel or use of accommodations of no longer than 60 days. The
  971  license may be issued only:
  972         1. To a full-time salaried employee of a common carrier or
  973  a full-time salaried employee or owner of a transportation
  974  ticket agency and may authorize the sale of such ticket policies
  975  only in connection with the sale of transportation tickets, or
  976  to the full-time salaried employee of such an agent. No Such
  977  policy may not shall be for a duration of more than 48 hours or
  978  more than for the duration of a specified one-way trip or round
  979  trip.
  980         2. To an entity or individual that is:
  981         a. The developer of a timeshare plan that is the subject of
  982  an approved public offering statement under chapter 721;
  983         b. An exchange company operating an exchange program
  984  approved under chapter 721;
  985         c. A managing entity operating a timeshare plan approved
  986  under chapter 721;
  987         d. A seller of travel as defined in chapter 559; or
  988         e. A subsidiary or affiliate of any of the entities
  989  described in sub-subparagraphs a.-d.
  990  
  991  A licensee shall require each employee who offers policies or
  992  certificates under this subparagraph to receive initial training
  993  from a general lines agent or an insurer authorized under
  994  chapter 624 to transact insurance within this state. For an
  995  entity applying for a license as a travel insurance agent, the
  996  fingerprinting requirement of this section applies only to the
  997  president, secretary, and treasurer and to any other officer or
  998  person who directs or controls the travel insurance operations
  999  of the entity.
 1000         (d) Motor vehicle rental insurance.—
 1001         1. License covering only insurance of the risks set forth
 1002  in this paragraph when offered, sold, or solicited with and
 1003  incidental to the rental or lease of a motor vehicle and which
 1004  applies only to the motor vehicle that is the subject of the
 1005  lease or rental agreement and the occupants of the motor
 1006  vehicle:
 1007         a. Excess motor vehicle liability insurance providing
 1008  coverage in excess of the standard liability limits provided by
 1009  the lessor in the lessor’s lease to a person renting or leasing
 1010  a motor vehicle from the licensee’s employer for liability
 1011  arising in connection with the negligent operation of the leased
 1012  or rented motor vehicle.
 1013         b. Insurance covering the liability of the lessee to the
 1014  lessor for damage to the leased or rented motor vehicle.
 1015         c. Insurance covering the loss of or damage to baggage,
 1016  personal effects, or travel documents of a person renting or
 1017  leasing a motor vehicle.
 1018         d. Insurance covering accidental personal injury or death
 1019  of the lessee and any passenger who is riding or driving with
 1020  the covered lessee in the leased or rented motor vehicle.
 1021         2. Insurance under a motor vehicle rental insurance license
 1022  may be issued only if the lease or rental agreement is for no
 1023  more than 60 days, the lessee is not provided coverage for more
 1024  than 60 consecutive days per lease period, and the lessee is
 1025  given written notice that his or her personal insurance policy
 1026  providing coverage on an owned motor vehicle may provide
 1027  coverage of such risks and that the purchase of the insurance is
 1028  not required in connection with the lease or rental of a motor
 1029  vehicle. If the lease is extended beyond 60 days, the coverage
 1030  may be extended one time only for a period not to exceed an
 1031  additional 60 days. Insurance may be provided to the lessee as
 1032  an additional insured on a policy issued to the licensee’s
 1033  employer.
 1034         3. The license may be issued only to the full-time salaried
 1035  employee of a licensed general lines agent or to a business
 1036  entity that offers motor vehicles for rent or lease if insurance
 1037  sales activities authorized by the license are in connection
 1038  with and incidental to the rental or lease of a motor vehicle.
 1039         a. A license issued to a business entity that offers motor
 1040  vehicles for rent or lease encompasses shall encompass each
 1041  office, branch office, or place of business making use of the
 1042  entity’s business name in order to offer, solicit, and sell
 1043  insurance pursuant to this paragraph.
 1044         b. The application for licensure must list the name,
 1045  address, and phone number for each office, branch office, or
 1046  place of business that is to be covered by the license. The
 1047  licensee shall notify the department of the name, address, and
 1048  phone number of any new location that is to be covered by the
 1049  license before the new office, branch office, or place of
 1050  business engages in the sale of insurance pursuant to this
 1051  paragraph. The licensee must shall notify the department within
 1052  30 days after closing or terminating an office, branch office,
 1053  or place of business. Upon receipt of the notice, the department
 1054  shall delete the office, branch office, or place of business
 1055  from the license.
 1056         c. A licensed and appointed entity is directly responsible
 1057  and accountable for all acts of the licensee’s employees.
 1058         (e) Credit life or disability insurance.—License covering
 1059  only credit life, credit or disability insurance, credit
 1060  property, credit unemployment, involuntary unemployment,
 1061  mortgage life, mortgage guaranty, mortgage disability,
 1062  guaranteed automobile protection (GAP) insurance, and any other
 1063  form of insurance offered in connection with an extension of
 1064  credit which is limited to partially or wholly extinguishing a
 1065  credit obligation that the department determines should be
 1066  designated a form of limited line credit insurance. Effective
 1067  October 1, 2012, all valid licenses held by persons for any of
 1068  the lines of insurance listed in this paragraph shall be
 1069  converted to a credit insurance license. Licensees who wish to
 1070  obtain a new license reflecting such change must request a
 1071  duplicate license and pay a $5 fee as specified in s.
 1072  624.501(15). The license may be issued only to an individual
 1073  employed by a life or health insurer as an officer or other
 1074  salaried or commissioned representative, to an individual
 1075  employed by or associated with a lending or financial
 1076  institution or creditor, or to a lending or financial
 1077  institution or creditor, and may authorize the sale of such
 1078  insurance only with respect to borrowers or debtors of such
 1079  lending or financing institution or creditor. However, only the
 1080  individual or entity whose tax identification number is used in
 1081  receiving or is credited with receiving the commission from the
 1082  sale of such insurance shall be the licensed agent of the
 1083  insurer. No individual while so licensed shall hold a license as
 1084  an agent as to any other or additional kind or class of life or
 1085  health insurance coverage. An entity holding a limited license
 1086  under this paragraph is also authorized to sell credit insurance
 1087  and credit property insurance.
 1088         (f) Credit insurance.—License covering only credit
 1089  insurance, as such insurance is defined in s. 624.605(1)(i), and
 1090  no individual or entity so licensed shall, during the same
 1091  period, hold a license as an agent as to any other or additional
 1092  kind of life or health insurance with the exception of credit
 1093  life or disability insurance as defined in paragraph (e). The
 1094  same licensing provisions as outlined in paragraph (e) apply to
 1095  entities licensed as credit insurance agents under this
 1096  paragraph.
 1097         (g) Credit property insurance.—A license covering only
 1098  credit property insurance may be issued to any individual except
 1099  an individual employed by or associated with a financial
 1100  institution as defined in s. 655.005 and authorized to sell such
 1101  insurance only with respect to a borrower or debtor, not to
 1102  exceed the amount of the loan.
 1103         (f)(h)Crop hail and multiple-peril crop insurance.—License
 1104  for insurance covering crops subject to unfavorable weather
 1105  conditions, fire or lightening, flood, hail, insect infestation,
 1106  disease, or other yield-reducing conditions or perils which is
 1107  provided by the private insurance market, or which is subsidized
 1108  by the Federal Group Insurance Corporation including multi-peril
 1109  crop insurance only crop hail and multiple-peril crop insurance.
 1110  Notwithstanding any other provision of law, the limited license
 1111  may be issued to a bona fide salaried employee of an association
 1112  chartered under the Farm Credit Act of 1971, 12 U.S.C. ss. 2001
 1113  et seq., who satisfactorily completes the examination prescribed
 1114  by the department pursuant to s. 626.241(5). The limited agent
 1115  must be appointed by, and his or her limited license requested
 1116  by, a licensed general lines agent. All business transacted by
 1117  the limited agent must be on shall be in behalf of, in the name
 1118  of, and countersigned by the agent by whom he or she is
 1119  appointed. Sections 626.561 and 626.748, relating to records,
 1120  apply to all business written pursuant to this section. The
 1121  limited licensee may be appointed by and licensed for only one
 1122  general lines agent or agency.
 1123         (g)(i)In-transit and storage personal property insurance;
 1124  communications equipment property insurance, communications
 1125  equipment inland marine insurance, and communications equipment
 1126  service warranty agreement sales.—
 1127         1. A License for insurance covering only the insurance of
 1128  personal property not held for resale, covering the risks of
 1129  transportation or storage in rented or leased motor vehicles,
 1130  trailers, or self-service storage facilities, as the latter are
 1131  defined in s. 83.803. Such license, may be issued, without
 1132  examination, only to employees or authorized representatives of
 1133  lessors who rent or lease motor vehicles, trailers, or self
 1134  service storage facilities and who are authorized by an insurer
 1135  to issue certificates or other evidences of insurance to lessees
 1136  of such motor vehicles, trailers, or self-service storage
 1137  facilities under an insurance policy issued to the lessor. A
 1138  person licensed under this paragraph must shall give a
 1139  prospective purchaser of in-transit or storage personal property
 1140  insurance written notice that his or her homeowner’s policy may
 1141  provide coverage for the loss of personal property and that the
 1142  purchase of such insurance is not required under the lease
 1143  terms.
 1144         2. A license covering only communications equipment, for
 1145  the loss, theft, mechanical failure, malfunction of or damage
 1146  to, communications equipment. The license may be issued only to:
 1147         a. Employees or authorized representatives of a licensed
 1148  general lines agent;
 1149         b. The lead business location of a retail vendor of
 1150  communications equipment and its branch locations; or
 1151         c. Employees, agents, or authorized representatives of a
 1152  retail vendor of communications equipment.
 1153  
 1154  The license authorizes the sale of such policies, or
 1155  certificates under a group master policy, only with respect to
 1156  the sale of, or provision of communications service for,
 1157  communications equipment. A general lines agent is not required
 1158  to obtain a license under this subparagraph to offer or sell
 1159  communications equipment property insurance or communication
 1160  equipment inland marine insurance. The license also authorizes
 1161  sales of service warranty agreements covering only
 1162  communications equipment to the same extent as if licensed under
 1163  s. 634.419 or s. 634.420. The provisions of this chapter
 1164  requiring submission of fingerprints do not apply to
 1165  communications equipment licenses issued to qualified entities
 1166  under this subparagraph. Licensees offering policies under this
 1167  subparagraph must receive initial training from, and have a
 1168  contractual relationship with, a general lines agent. For the
 1169  purposes of this subparagraph, the term “communications
 1170  equipment” means handsets, pagers, personal digital assistants,
 1171  portable computers, automatic answering devices, and other
 1172  devices or accessories used to originate or receive
 1173  communications signals or service, and includes services related
 1174  to the use of such devices, such as consumer access to a
 1175  wireless network; however, the term does not include
 1176  telecommunications switching equipment, transmission wires, cell
 1177  site transceiver equipment, or other equipment and systems used
 1178  by telecommunications companies to provide telecommunications
 1179  service to consumers. A branch location of a retail vendor of
 1180  communications equipment licensed pursuant to paragraph (2)(b)
 1181  may, in lieu of obtaining an appointment from an insurer or
 1182  warranty association as provided in paragraph (2)(c), obtain a
 1183  single appointment from the associated lead business location
 1184  licensee licensed under paragraph (2)(a) and pay the prescribed
 1185  appointment fee under s. 624.501 provided the lead business
 1186  location has a single appointment from each insurer or warranty
 1187  association represented and such appointment provides that it
 1188  applies to the lead business location and all of its branch
 1189  locations. Any branch location individually appointed by an
 1190  insurer under paragraph (2)(c) prior to January 1, 2006, may
 1191  replace its appointments with an appointment from its lead
 1192  location at no charge. Branch location appointments shall be
 1193  renewed on the first annual anniversary of licensure of the lead
 1194  business location occurring more than 24 months after the
 1195  initial appointment date and every 24 months thereafter.
 1196  Notwithstanding s. 624.501, after July 1, 2006, the renewal fee
 1197  applicable to such branch location appointments shall be $30 per
 1198  appointment.
 1199         (h) Portable electronics insurance.—License for property
 1200  insurance or inland marine insurance that covers only loss,
 1201  theft, mechanical failure, malfunction, or damage for portable
 1202  electronics.
 1203         1. The license may be issued only to:
 1204         a. Employees or authorized representatives of a licensed
 1205  general lines agent; or
 1206         b. The lead business location of a retail vendor that sells
 1207  portable electronics insurance. The lead business location must
 1208  have a contractual relationship with a general lines agent.
 1209         2. Employees or authorized representatives of a licensee
 1210  under subparagraph 1. may sell or offer for sale portable
 1211  electronics coverage without being subject to licensure as an
 1212  insurance agent if:
 1213         a. Such insurance is sold or offered for sale at a licensed
 1214  location or at one of the licensee’s branch locations if the
 1215  branch location is appointed by the licensed lead business
 1216  location or its appointing insurers;
 1217         b. The insurer issuing the insurance directly supervises or
 1218  appoints a general lines agent to supervise the sale of such
 1219  insurance, including the development of a training program for
 1220  the employees and authorized representatives of vendors that are
 1221  directly engaged in the activity of selling or offering the
 1222  insurance; and
 1223         c. At each location where the insurance is offered,
 1224  brochures or other written materials that provide the
 1225  information required by this subparagraph are made available to
 1226  all prospective customers. The brochures or written materials
 1227  may include information regarding portable electronics
 1228  insurance, service warranty agreements, or other incidental
 1229  services or benefits offered by a licensee.
 1230         3. Individuals not licensed to sell portable electronics
 1231  insurance may not be paid commissions based on the sale of such
 1232  coverage. However, a licensee who uses a compensation plan for
 1233  employees and authorized representatives which includes
 1234  supplemental compensation for the sale of noninsurance products,
 1235  in addition to a regular salary or hourly wages, may include
 1236  incidental compensation for the sale of portable electronics
 1237  insurance as a component of the overall compensation plan.
 1238         4. Brochures or other written materials related to portable
 1239  electronics insurance must:
 1240         a. Disclose that such insurance may duplicate coverage
 1241  already provided by a customer’s homeowners’ insurance policy,
 1242  renters’ insurance policy, or other source of coverage;
 1243         b. State that enrollment in insurance coverage is not
 1244  required in order to purchase or lease portable electronics or
 1245  services;
 1246         c. Summarize the material terms of the insurance coverage,
 1247  including the identity of the insurer, the identity of the
 1248  supervising entity, the amount of any applicable deductible and
 1249  how it is to be paid, the benefits of coverage, and key terms
 1250  and conditions of coverage, such as whether portable electronics
 1251  may be repaired or replaced with similar make and model
 1252  reconditioned or nonoriginal manufacturer parts or equipment;
 1253         d. Summarize the process for filing a claim, including a
 1254  description of how to return portable electronics and the
 1255  maximum fee applicable if the customer fails to comply with
 1256  equipment return requirements; and
 1257         e. State that an enrolled customer may cancel coverage at
 1258  any time and that the person paying the premium will receive a
 1259  refund of any unearned premium.
 1260         5. A licensed and appointed general lines agent is not
 1261  required to obtain a portable electronics insurance license to
 1262  offer or sell portable electronics insurance at locations
 1263  already licensed as an insurance agency, but may apply for a
 1264  portable electronics insurance license for branch locations not
 1265  otherwise licensed to sell insurance.
 1266         6. A portable electronics license authorizes the sale of
 1267  individual policies or certificates under a group or master
 1268  insurance policy. The license also authorizes the sale of
 1269  service warranty agreements covering only portable electronics
 1270  to the same extent as if licensed under s. 634.419 or s.
 1271  634.420.
 1272         7. A licensee may bill and collect the premium for the
 1273  purchase of portable electronics insurance provided that:
 1274         a. If the insurance is included with the purchase or lease
 1275  of portable electronics or related services, the licensee
 1276  clearly and conspicuously discloses that insurance coverage is
 1277  included with the purchase. Disclosure of the dollar amount of
 1278  the premium for the insurance must be made on the customer’s
 1279  bill and in any marketing materials made available at the point
 1280  of sale. If the insurance is not included, the charge to the
 1281  customer for the insurance must be separately itemized on the
 1282  customer’s bill.
 1283         b. Premiums are incidental to other fees collected, are
 1284  maintained in a manner that is readily identifiable, and are
 1285  accounted for and remitted to the insurer or supervising entity
 1286  within 60 days of receipt. Licensees are not required to
 1287  maintain such funds in a segregated account.
 1288         c. All funds received by a licensee from an enrolled
 1289  customer for the sale of the insurance are considered funds held
 1290  in trust by the licensee in a fiduciary capacity for the benefit
 1291  of the insurer. Licensees may receive compensation for billing
 1292  and collection services.
 1293         8. Notwithstanding any other provision of law, the terms
 1294  for the termination or modification of coverage under a policy
 1295  of portable electronics insurance are those set forth in the
 1296  policy.
 1297         9. Notice or correspondence required by the policy, or
 1298  otherwise required by law, may be provided by electronic means
 1299  if the insurer or licensee maintains proof that the notice or
 1300  correspondence was sent. Such notice or correspondence may be
 1301  sent on behalf of the insurer or licensee by the general lines
 1302  agent appointed by the insurer to supervise the administration
 1303  of the program. For purposes of this subparagraph, an enrolled
 1304  customer’s provision of an electronic mail address to the
 1305  insurer or licensee is deemed to be consent to receive notices
 1306  and correspondence by electronic means if a conspicuously
 1307  located disclosure is provided to the customer indicating the
 1308  same.
 1309         10. The provisions of this chapter requiring submission of
 1310  fingerprints do not apply to licenses issued to qualified
 1311  entities under this paragraph.
 1312         11. A branch location that sells portable electronics
 1313  insurance may, in lieu of obtaining an appointment from an
 1314  insurer or warranty association, obtain a single appointment
 1315  from the associated lead business location licensee and pay the
 1316  prescribed appointment fee under s. 624.501 if the lead business
 1317  location has a single appointment from each insurer or warranty
 1318  association represented and such appointment applies to the lead
 1319  business location and all of its branch locations. Branch
 1320  location appointments shall be renewed on the first annual
 1321  anniversary of licensure of the lead business location occurring
 1322  more than 24 months after the initial appointment date and every
 1323  24 months thereafter. Notwithstanding s. 624.501, the renewal
 1324  fee applicable to such branch location appointments is $30 per
 1325  appointment.
 1326         12. For purposes of this paragraph:
 1327         a. “Branch location” means any physical location in this
 1328  state at which a licensee offers its products or services for
 1329  sale.
 1330         b. “Portable electronics” means personal, self-contained,
 1331  easily carried by an individual, battery-operated electronic
 1332  communication, viewing, listening, recording, gaming, computing
 1333  or global positioning devices, including cell or satellite
 1334  phones, pagers, personal global positioning satellite units,
 1335  portable computers, portable audio listening, video viewing or
 1336  recording devices, digital cameras, video camcorders, portable
 1337  gaming systems, docking stations, automatic answering devices,
 1338  and other similar devices and their accessories, and service
 1339  related to the use of such devices.
 1340         c. “Portable electronics transaction” means the sale or
 1341  lease of portable electronics or a related service, including
 1342  portable electronics insurance.
 1343         (4) Except as otherwise expressly provided, a person
 1344  applying for or holding a limited license is shall be subject to
 1345  the same applicable requirements and responsibilities that as
 1346  apply to general lines agents in general, if licensed as to
 1347  motor vehicle physical damage and mechanical breakdown
 1348  insurance, credit property insurance, industrial fire insurance
 1349  or burglary insurance, motor vehicle rental insurance, credit
 1350  insurance, crop hail and multiple-peril crop insurance, in
 1351  transit and storage personal property insurance, or portable
 1352  electronics insurance communications equipment property
 1353  insurance or communications equipment inland marine insurance,
 1354  baggage and motor vehicle excess liability insurance, or credit
 1355  insurance; or as apply to life agents or health agents in
 1356  general, as applicable the case may be, if licensed as to travel
 1357  personal accident insurance or credit life or credit disability
 1358  insurance.
 1359         Section 17. Section 626.342, Florida Statutes, is amended
 1360  to read:
 1361         626.342 Furnishing supplies to unlicensed life, health, or
 1362  general lines agent prohibited; civil liability.—
 1363         (1) An insurer, a managing general agent, an insurance
 1364  agency, or an agent, directly or through a any representative,
 1365  may not furnish to an any agent any blank forms, applications,
 1366  stationery, or other supplies to be used in soliciting,
 1367  negotiating, or effecting contracts of insurance on its behalf
 1368  unless such blank forms, applications, stationery, or other
 1369  supplies relate to a class of business for with respect to which
 1370  the agent is licensed and appointed, whether for that insurer or
 1371  another insurer.
 1372         (2) An Any insurer, general agent, insurance agency, or
 1373  agent who furnishes any of the supplies specified in subsection
 1374  (1) to an any agent or prospective agent not appointed to
 1375  represent the insurer and who accepts from or writes any
 1376  insurance business for such agent or agency is subject to civil
 1377  liability to an any insured of such insurer to the same extent
 1378  and in the same manner as if such agent or prospective agent had
 1379  been appointed or authorized by the insurer or such agent to act
 1380  on in its or his or her behalf. The provisions of this
 1381  subsection do not apply to insurance risk apportionment plans
 1382  under s. 627.351.
 1383         (3) This section does not apply to the placing of surplus
 1384  lines business under the provisions of ss. 626.913-626.937.
 1385         Section 18. Subsection (1) of section 626.381, Florida
 1386  Statutes, is amended to read:
 1387         626.381 Renewal, continuation, reinstatement, or
 1388  termination of appointment.—
 1389         (1) The appointment of an appointee continues shall
 1390  continue in force until suspended, revoked, or otherwise
 1391  terminated, but is subject to a renewal request filed by the
 1392  appointing entity in the appointee’s birth month as to natural
 1393  persons or the month the original appointment was issued license
 1394  date as to entities and every 24 months thereafter, accompanied
 1395  by payment of the renewal appointment fee and taxes as
 1396  prescribed in s. 624.501.
 1397         Section 19. Section 626.536, Florida Statutes, is amended
 1398  to read:
 1399         626.536 Reporting of administrative actions.—Each agent and
 1400  insurance agency shall submit to the department, Within 30 days
 1401  after the final disposition of an any administrative action
 1402  taken against a licensee the agent or insurance agency by a
 1403  governmental agency or other regulatory agency in this or any
 1404  other state or jurisdiction relating to the business of
 1405  insurance, the sale of securities, or activity involving fraud,
 1406  dishonesty, trustworthiness, or breach of a fiduciary duty, the
 1407  licensee or insurance agency must submit a copy of the order,
 1408  consent to order, or other relevant legal documents to the
 1409  department. The department may adopt rules to administer
 1410  implementing the provisions of this section.
 1411         Section 20. Section 626.551, Florida Statutes, is amended
 1412  to read:
 1413         626.551 Notice of change of address, name.—A Every licensee
 1414  must shall notify the department, in writing, within 30 60 days
 1415  after a change of name, residence address, principal business
 1416  street address, mailing address, contact telephone numbers,
 1417  including a business telephone number, or e-mail address. A
 1418  licensee licensed agent who has moved his or her residence from
 1419  this state shall have his or her license and all appointments
 1420  immediately terminated by the department. Failure to notify the
 1421  department within the required time period shall result in a
 1422  fine not to exceed $250 for the first offense and, for
 1423  subsequent offenses, a fine of at least $500 or suspension or
 1424  revocation of the license pursuant to s. 626.611, s. 626.6115,
 1425  or s. 626.621, or s. 626.6215 for a subsequent offense. The
 1426  department may adopt rules to administer and enforce this
 1427  section.
 1428         Section 21. Subsection (14) is added to section 626.621,
 1429  Florida Statutes, to read:
 1430         626.621 Grounds for discretionary refusal, suspension, or
 1431  revocation of agent’s, adjuster’s, customer representative’s,
 1432  service representative’s, or managing general agent’s license or
 1433  appointment.—The department may, in its discretion, deny an
 1434  application for, suspend, revoke, or refuse to renew or continue
 1435  the license or appointment of any applicant, agent, adjuster,
 1436  customer representative, service representative, or managing
 1437  general agent, and it may suspend or revoke the eligibility to
 1438  hold a license or appointment of any such person, if it finds
 1439  that as to the applicant, licensee, or appointee any one or more
 1440  of the following applicable grounds exist under circumstances
 1441  for which such denial, suspension, revocation, or refusal is not
 1442  mandatory under s. 626.611:
 1443         (14) Failure to comply with any civil, criminal, or
 1444  administrative action taken by the child support enforcement
 1445  program under Title IV-D of the Social Security Act, 42 U.S.C.
 1446  ss. 651 et seq., to determine paternity or to establish, modify,
 1447  enforce, or collect support.
 1448         Section 22. Subsection (4) of section 626.641, Florida
 1449  Statutes, is amended to read:
 1450         626.641 Duration of suspension or revocation.—
 1451         (4) During the period of suspension or revocation of a the
 1452  license or appointment, and until the license is reinstated or,
 1453  if revoked, a new license issued, the former licensee or
 1454  appointee may shall not engage in or attempt or profess to
 1455  engage in any transaction or business for which a license or
 1456  appointment is required under this code or directly or
 1457  indirectly own, control, or be employed in any manner by an any
 1458  insurance agent, or agency, or adjuster, or adjusting firm.
 1459         Section 23. Subsection (1) of section 626.651, Florida
 1460  Statutes, is amended to read:
 1461         626.651 Effect of suspension, revocation upon associated
 1462  licenses and appointments and licensees and appointees.—
 1463         (1) Upon suspension, revocation, or refusal to renew or
 1464  continue any one license of an insurance agent or customer
 1465  representative, or upon suspension or revocation of eligibility
 1466  to hold a license or appointment, the department shall at the
 1467  same time likewise suspend or revoke all other licenses,
 1468  appointments, or status of eligibility held by the licensee or
 1469  appointee under this code.
 1470         Section 24. Subsection (4) of section 626.730, Florida
 1471  Statutes, is amended to read:
 1472         626.730 Purpose of license.—
 1473         (4) This section does not prohibit the licensing, under a
 1474  limited license for credit insurance, a person who is as to
 1475  motor vehicle physical damage and mechanical breakdown insurance
 1476  or credit property insurance of any person employed by or
 1477  associated with a motor vehicle sales or financing agency, a
 1478  retail sales establishment, or a consumer loan office, for the
 1479  purpose of insuring other than a consumer loan office owned by
 1480  or affiliated with a financial institution as defined in s.
 1481  655.005, with respect to insurance of the interest of such
 1482  agency, establishment, or office in a motor vehicle sold or
 1483  financed by it or in personal property if used as collateral for
 1484  a loan.
 1485         (5) This section does not apply with respect to the
 1486  interest of a real estate mortgagee in or as to insurance
 1487  covering such interest or in the real estate subject to such
 1488  mortgage.
 1489         Section 25. Section 626.732, Florida Statutes, is amended
 1490  to read:
 1491         626.732 Requirement as to knowledge, experience, or
 1492  instruction.—
 1493         (1) Except as provided in subsection (4) (3), an no
 1494  applicant for a license as a general lines agent or personal
 1495  lines agent, except for a chartered property and casualty
 1496  underwriter (CPCU), may not other than as to a limited license
 1497  as to baggage and motor vehicle excess liability insurance,
 1498  credit property insurance, credit insurance, in-transit and
 1499  storage personal property insurance, or communications equipment
 1500  property insurance or communication equipment inland marine
 1501  insurance, shall be qualified or licensed unless, within the 4
 1502  years immediately preceding the date the application for license
 1503  is filed with the department, the applicant has:
 1504         (a) Taught or successfully completed classroom courses in
 1505  insurance, 3 hours of which must shall be on the subject matter
 1506  of ethics, satisfactory to the department at a school, college,
 1507  or extension division thereof, approved by the department. To
 1508  qualify for licensure as a personal lines agent, the applicant
 1509  must complete a total of 52 hours of classroom courses in
 1510  insurance;
 1511         (b) Completed a correspondence course in insurance, 3 hours
 1512  of which must shall be on the subject matter of ethics,
 1513  satisfactory to the department and regularly offered by
 1514  accredited institutions of higher learning in this state, and
 1515  have, except if he or she is applying for a limited license
 1516  under s. 626.321, for licensure as a general lines agent, has
 1517  had at least 6 months of responsible insurance duties as a
 1518  substantially full-time bona fide employee in all lines of
 1519  property and casualty insurance set forth in the definition of
 1520  general lines agent under s. 626.015 or, for licensure as a
 1521  personal lines agent, has completed at least 3 months in
 1522  responsible insurance duties as a substantially full-time
 1523  employee in property and casualty insurance sold to individuals
 1524  and families for noncommercial purposes;
 1525         (c) For licensure as a general lines agent, Completed at
 1526  least 1 year in responsible insurance duties as a substantially
 1527  full-time bona fide employee in all lines of property and
 1528  casualty insurance, exclusive of aviation and wet marine and
 1529  transportation insurances but not exclusive of boats of less
 1530  than 36 feet in length or aircraft not held out for hire, as set
 1531  forth in the definition of a general lines agent under s.
 1532  626.015, but without the education requirement described
 1533  mentioned in paragraph (a) or paragraph (b) or, for licensure as
 1534  a personal lines agent, has completed at least 6 months in
 1535  responsible insurance duties as a substantially full-time
 1536  employee in property and casualty insurance sold to individuals
 1537  and families for noncommercial purposes without the education
 1538  requirement in paragraph (a) or paragraph (b);
 1539         (d)1.For licensure as a general lines agent, Completed at
 1540  least 1 year of responsible insurance duties as a licensed and
 1541  appointed customer representative or limited customer
 1542  representative in commercial or personal lines of property and
 1543  casualty insurance and 40 hours of classroom courses approved by
 1544  the department covering the areas of property, casualty, surety,
 1545  health, and marine insurance; or
 1546         2. For licensure as a personal lines agent, completed at
 1547  least 6 months of responsible duties as a licensed and appointed
 1548  customer representative or limited customer representative in
 1549  property and casualty insurance sold to individuals and families
 1550  for noncommercial purposes and 20 hours of classroom courses
 1551  approved by the department which are related to property and
 1552  casualty insurance sold to individuals and families for
 1553  noncommercial purposes;
 1554         (e)1.For licensure as a general lines agent, Completed at
 1555  least 1 year of responsible insurance duties as a licensed and
 1556  appointed service representative in either commercial or
 1557  personal lines of property and casualty insurance and 80 hours
 1558  of classroom courses approved by the department covering the
 1559  areas of property, casualty, surety, health, and marine
 1560  insurance.; or
 1561         2. For licensure as a personal lines agent, completed at
 1562  least 6 months of responsible insurance duties as a licensed and
 1563  appointed service representative in property and casualty
 1564  insurance sold to individuals and families for noncommercial
 1565  purposes and 40 hours of classroom courses approved by the
 1566  department related to property and casualty insurance sold to
 1567  individuals and families for noncommercial purposes; or
 1568         (2) Except as provided under subsection (4), an applicant
 1569  for a license as a personal lines agent, except for a chartered
 1570  property and casualty underwriter (CPCU), may not be qualified
 1571  or licensed unless, within the 4 years immediately preceding the
 1572  date the application for license is filed with the department,
 1573  the applicant has:
 1574         (a) Taught or successfully completed classroom courses in
 1575  insurance, 3 hours of which must be on the subject matter of
 1576  ethics, at a school, college, or extension division thereof,
 1577  approved by the department. To qualify for licensure, the
 1578  applicant must complete a total of 52 hours of classroom courses
 1579  in insurance;
 1580         (b) Completed a correspondence course in insurance, 3 hours
 1581  of which must be on the subject matter of ethics, satisfactory
 1582  to the department and regularly offered by accredited
 1583  institutions of higher learning in this state, and completed at
 1584  least 3 months of responsible insurance duties as a
 1585  substantially full-time employee in the area of property and
 1586  casualty insurance sold to individuals and families for
 1587  noncommercial purposes;
 1588         (c) Completed at least 6 months of responsible insurance
 1589  duties as a substantially full-time employee in the area of
 1590  property and casualty insurance sold to individuals and families
 1591  for noncommercial purposes, but without the education
 1592  requirement described in paragraph (a) or paragraph (b);
 1593         (d) Completed at least 6 months of responsible duties as a
 1594  licensed and appointed customer representative or limited
 1595  customer representative in property and casualty insurance sold
 1596  to individuals and families for noncommercial purposes and 20
 1597  hours of classroom courses approved by the department which are
 1598  related to property and casualty insurance sold to individuals
 1599  and families for noncommercial purposes;
 1600         (e) Completed at least 6 months of responsible insurance
 1601  duties as a licensed and appointed service representative in
 1602  property and casualty insurance sold to individuals and families
 1603  for noncommercial purposes and 40 hours of classroom courses
 1604  approved by the department related to property and casualty
 1605  insurance sold to individuals and families for noncommercial
 1606  purposes; or
 1607         (f) For licensure as a personal lines agent, Completed at
 1608  least 3 years of responsible duties as a licensed and appointed
 1609  customer representative in property and casualty insurance sold
 1610  to individuals and families for noncommercial purposes.
 1611         (3)(2)If Where an applicant’s qualifications as required
 1612  under subsection (1) or subsection (2) in paragraph (1)(b)or
 1613  paragraph (1)(c) are based in part upon the periods of
 1614  employment in at responsible insurance duties prescribed
 1615  therein, the applicant shall submit with the license application
 1616  for license, on a form prescribed by the department, an the
 1617  affidavit of his or her employer setting forth the period of
 1618  such employment, that the employment same was substantially
 1619  full-time, and giving a brief abstract of the nature of the
 1620  duties performed by the applicant.
 1621         (4)(3) An individual who was or became qualified to sit for
 1622  an agent’s, customer representative’s, or adjuster’s examination
 1623  at or during the time he or she was employed by the department
 1624  or office and who, while so employed, was employed in
 1625  responsible insurance duties as a full-time bona fide employee
 1626  may shall be permitted to take an examination if application for
 1627  such examination is made within 90 days after the date of
 1628  termination of his or her employment with the department or
 1629  office.
 1630         (5)(4) Classroom and correspondence courses under
 1631  subsections (1) and (2) subsection (1) must include instruction
 1632  on the subject matter of unauthorized entities engaging in the
 1633  business of insurance. The scope of the topic of unauthorized
 1634  entities must shall include the Florida Nonprofit Multiple
 1635  Employer Welfare Arrangement Act and the Employee Retirement
 1636  Income Security Act, 29 U.S.C. ss. 1001 et seq., as it relates
 1637  to the provision of health insurance by employers and the
 1638  regulation thereof.
 1639         (6) This section does not apply to an individual holding
 1640  only a limited license for travel insurance, motor vehicle
 1641  rental insurance, credit insurance, in-transit and storage
 1642  personal property insurance, or portable electronics insurance.
 1643         Section 26. Section 626.8411, Florida Statutes, is amended
 1644  to read:
 1645         626.8411 Application of Florida Insurance Code provisions
 1646  to title insurance agents or agencies.—
 1647         (1) The following provisions of part II, as applicable to
 1648  general lines agents or agencies, also apply to title insurance
 1649  agents or agencies:
 1650         (a) Section 626.734, relating to liability of certain
 1651  agents.
 1652         (b) Section 626.175, relating to temporary licenses.
 1653         (b)(c) Section 626.747, relating to branch agencies.
 1654         (c)Section 626.749, relating to place of business in
 1655  residence.
 1656         (d) Section 626.753, relating to sharing of commissions.
 1657         (e) Section 626.754, relating to rights of agent following
 1658  termination of appointment.
 1659         (2) The following provisions of part I do not apply to
 1660  title insurance agents or title insurance agencies:
 1661         (a) Section 626.112(7), relating to licensing of insurance
 1662  agencies.
 1663         (b) Section 626.231, relating to eligibility for
 1664  examination.
 1665         (c) Section 626.572, relating to rebating, when allowed.
 1666         (d) Section 626.172, relating to agent in full-time charge.
 1667         Section 27. Section 626.8418, Florida Statutes, is amended
 1668  to read:
 1669         626.8418 Application for title insurance agency license.
 1670  Before Prior to doing business in this state as a title
 1671  insurance agency, the a title insurance agency must meet all of
 1672  the following requirements:
 1673         (1) The applicant must file with the department an
 1674  application for a license as a title insurance agency, on
 1675  printed forms furnished by the department, which include that
 1676  includes all of the following:
 1677         (1)(a) The name of each majority owner, partner, officer,
 1678  and director of the agency.
 1679         (2)(b) The residence address of each person required to be
 1680  listed under subsection (1) paragraph (a).
 1681         (3)(c) The name of the agency and its principal business
 1682  address.
 1683         (4)(d) The location of each agency office and the name
 1684  under which each agency office conducts or will conduct
 1685  business.
 1686         (5)(e) The name of each agent to be in full-time charge of
 1687  an agency office and the identification specification of such
 1688  which office.
 1689         (6)(f) Such additional information as the department
 1690  requires by rule to ascertain the trustworthiness and competence
 1691  of persons required to be listed on the application and to
 1692  ascertain that such persons meet the requirements of this code.
 1693         (2) The applicant must have deposited with the department
 1694  securities of the type eligible for deposit under s. 625.52 and
 1695  having at all times a market value of not less than $35,000. In
 1696  place of such deposit, the title insurance agency may post a
 1697  surety bond of like amount payable to the department for the
 1698  benefit of any appointing insurer damaged by a violation by the
 1699  title insurance agency of its contract with the appointing
 1700  insurer. If a properly documented claim is timely filed with the
 1701  department by a damaged title insurer, the department may remit
 1702  an appropriate amount of the deposit or the proceeds that are
 1703  received from the surety in payment of the claim. The required
 1704  deposit or bond must be made by the title insurance agency, and
 1705  a title insurer may not provide the deposit or bond directly or
 1706  indirectly on behalf of the title insurance agency. The deposit
 1707  or bond must secure the performance by the title insurance
 1708  agency of its duties and responsibilities under the issuing
 1709  agency contracts with each title insurer for which it is
 1710  appointed. The agency may exchange or substitute other
 1711  securities of like quality and value for securities on deposit,
 1712  may receive the interest and other income accruing on such
 1713  securities, and may inspect the deposit at all reasonable times.
 1714  Such deposit or bond must remain unimpaired as long as the title
 1715  insurance agency continues in business in this state and until 1
 1716  year after termination of all title insurance agency
 1717  appointments held by the title insurance agency. The title
 1718  insurance agency is entitled to the return of the deposit or
 1719  bond together with accrued interest after such year has passed,
 1720  if no claim has been made against the deposit or bond. If a
 1721  surety bond is unavailable generally, the department may adopt
 1722  rules for alternative methods to comply with this subsection.
 1723  With respect to such alternative methods for compliance, the
 1724  department must be guided by the past business performance and
 1725  good reputation and character of the proposed title insurance
 1726  agency. A surety bond is deemed to be unavailable generally if
 1727  the prevailing annual premium exceeds 25 percent of the
 1728  principal amount of the bond.
 1729         Section 28. Section 626.8548, Florida Statutes, is created
 1730  to read:
 1731         626.8548“All-lines adjuster” defined.—An “all-lines
 1732  adjuster” is a person who is self-employed or employed by an
 1733  insurer, a wholly owned subsidiary of an insurer, or an
 1734  independent adjusting firm or other independent adjuster, and
 1735  who undertakes on behalf of an insurer or other insurers under
 1736  common control or ownership to ascertain and determine the
 1737  amount of any claim, loss, or damage payable under an insurance
 1738  contract or undertakes to effect settlement of such claim, loss,
 1739  or damage. The term does not apply to life insurance or annuity
 1740  contracts.
 1741         Section 29. Section 626.855, Florida Statutes, is amended
 1742  to read:
 1743         626.855 “Independent adjuster” defined.—An “independent
 1744  adjuster” means a is any person licensed as an all-lines
 1745  adjuster who is self-appointed self-employed or appointed and is
 1746  associated with or employed by an independent adjusting firm or
 1747  other independent adjuster, and who undertakes on behalf of an
 1748  insurer to ascertain and determine the amount of any claim,
 1749  loss, or damage payable under an insurance contract or
 1750  undertakes to effect settlement of such claim, loss, or damage.
 1751         Section 30. Section 626.856, Florida Statutes, is amended
 1752  to read:
 1753         626.856 “Company employee adjuster” defined.—A “company
 1754  employee adjuster” means is a person licensed as an all-lines
 1755  adjuster who is appointed and employed on an insurer’s staff of
 1756  adjusters or a wholly owned subsidiary of the insurer, and who
 1757  undertakes on behalf of such insurer or other insurers under
 1758  common control or ownership to ascertain and determine the
 1759  amount of any claim, loss, or damage payable under a contract of
 1760  insurance, or undertakes to effect settlement of such claim,
 1761  loss, or damage.
 1762         Section 31. Section 626.858, Florida Statutes, is repealed.
 1763         Section 32. Section 626.8584, Florida Statutes, is amended
 1764  to read:
 1765         626.8584 “Nonresident all-lines independent adjuster”
 1766  defined.—A “nonresident all-lines independent adjuster” means is
 1767  a person who:
 1768         (1) Is not a resident of this state;
 1769         (2) Is a currently licensed as an independent adjuster in
 1770  his or her state of residence for all lines of insurance except
 1771  life and annuities the type or kinds of insurance for which the
 1772  licensee intends to adjust claims in this state or, if a
 1773  resident of a state that does not license such independent
 1774  adjusters, meets the qualifications has passed the department’s
 1775  adjuster examination as prescribed in s. 626.8734(1)(b); and
 1776         (3) Is licensed as an all-lines adjuster and self-appointed
 1777  or appointed and a self-employed independent adjuster or
 1778  associated with or employed by an independent adjusting firm or
 1779  other independent adjuster, by an insurer admitted to do
 1780  business in this state or a wholly-owned subsidiary of an
 1781  insurer admitted to do business in this state, or by other
 1782  insurers under the common control or ownership of such insurer.
 1783         Section 33. Section 626.863, Florida Statutes, is amended
 1784  to read:
 1785         626.863 Claims referrals to Licensed independent adjusters
 1786  required; insurers’ responsibility.—
 1787         (1) An insurer may shall not knowingly refer any claim or
 1788  loss for adjustment in this state to any person purporting to be
 1789  or acting as an independent adjuster unless the person is
 1790  currently licensed as an all-lines adjuster and appointed as an
 1791  independent adjuster under this code.
 1792         (2) Before referring any claim or loss, the insurer shall
 1793  ascertain from the department whether the proposed independent
 1794  adjuster is currently licensed as an all-lines adjuster and
 1795  appointed as an independent adjuster such. Having once
 1796  ascertained that a particular person is so licensed and
 1797  appointed, the insurer may assume that he or she will continue
 1798  to be so licensed and appointed until the insurer has knowledge,
 1799  or receives information from the department, to the contrary.
 1800         (3) This section does not apply to catastrophe or emergency
 1801  adjusters as provided for in this part.
 1802         Section 34. Section 626.864, Florida Statutes, is amended
 1803  to read:
 1804         626.864 Adjuster license types.—
 1805         (1) A qualified individual may be licensed and appointed as
 1806  either:
 1807         (a) A public adjuster; or
 1808         (b) An all-lines independent adjuster; or
 1809         (c) A company employee adjuster.
 1810         (2) The same individual may shall not be concurrently
 1811  licensed appointed as a public adjuster and an all-lines
 1812  adjuster to more than one of the adjuster types referred to in
 1813  subsection (1).
 1814         (3) An all-lines adjuster may be appointed as an
 1815  independent adjuster or company employee adjuster, but not both
 1816  concurrently.
 1817         Section 35. Paragraph (e) is added to subsection (1) of
 1818  section 626.865, Florida Statutes, to read:
 1819         626.865 Public adjuster’s qualifications, bond.—
 1820         (1) The department shall issue a license to an applicant
 1821  for a public adjuster’s license upon determining that the
 1822  applicant has paid the applicable fees specified in s. 624.501
 1823  and possesses the following qualifications:
 1824         (e) Is licensed as a public adjuster apprentice under s.
 1825  626.8651 and complies with the requirements of that license
 1826  throughout the licensure period.
 1827         Section 36. Section 626.866, Florida Statutes, is amended
 1828  to read:
 1829         626.866 All-lines adjuster Independent adjuster’s
 1830  qualifications.—The department shall issue a license to an
 1831  applicant for an all-lines adjuster independent adjuster’s
 1832  license to an applicant upon determining that the applicable
 1833  license fee specified in s. 624.501 has been paid and that the
 1834  applicant possesses the following qualifications:
 1835         (1) Is a natural person at least 18 years of age.
 1836         (2) Is a United States citizen or legal alien who possesses
 1837  work authorization from the United States Bureau of Citizenship
 1838  and Immigration Services and a bona fide resident of this state.
 1839         (3) Is trustworthy and has such business reputation as
 1840  would reasonably assure that the applicant will conduct his or
 1841  her business as insurance adjuster fairly and in good faith and
 1842  without detriment to the public.
 1843         (4) Has had sufficient experience, training, or instruction
 1844  concerning the adjusting of damage or loss under insurance
 1845  contracts, other than life and annuity contracts, is
 1846  sufficiently informed as to the terms and the effects of the
 1847  provisions of such types of contracts, and possesses adequate
 1848  knowledge of the insurance laws of this state relating to such
 1849  contracts as to enable and qualify him or her to engage in the
 1850  business of insurance adjuster fairly and without injury to the
 1851  public or any member thereof with whom he or she may have
 1852  relations as an insurance adjuster and to adjust all claims in
 1853  accordance with the policy or contract and the insurance laws of
 1854  this state.
 1855         (5) Has passed any required written examination or has met
 1856  one of the exemptions prescribed under s. 626.221.
 1857         Section 37. Section 626.867, Florida Statutes, is repealed.
 1858         Section 38. Section 626.869, Florida Statutes, is amended
 1859  to read:
 1860         626.869 License, adjusters; continuing education.—
 1861         (1) Having An applicant for a license as an all-lines
 1862  adjuster qualifies the licensee to adjust may qualify and his or
 1863  her license when issued may cover adjusting in any one of the
 1864  following classes of insurance:
 1865         (a) all lines of insurance except life and annuities.
 1866         (b) Motor vehicle physical damage insurance.
 1867         (c) Property and casualty insurance.
 1868         (d) Workers’ compensation insurance.
 1869         (e) Health insurance.
 1870  
 1871  No examination on workers’ compensation insurance or health
 1872  insurance shall be required for public adjusters.
 1873         (2) All individuals who on October 1, 1990, hold an
 1874  adjuster’s license and appointment limited to fire and allied
 1875  lines, including marine or casualty or boiler and machinery, may
 1876  remain licensed and appointed under the limited license and may
 1877  renew their appointment, but a no license or appointment that
 1878  which has been terminated, not renewed, suspended, or revoked
 1879  may not shall be reinstated, and no new or additional licenses
 1880  or appointments may not shall be issued.
 1881         (3) All individuals who on October 1, 2012, hold an
 1882  adjuster’s license and appointment limited to motor vehicle
 1883  physical damage and mechanical breakdown, property and casualty,
 1884  workers’ compensation, or health insurance may remain licensed
 1885  and appointed under such limited license and may renew their
 1886  appointment, but a license that has been terminated, suspended,
 1887  or revoked may not be reinstated, and new or additional licenses
 1888  may not be issued. The applicant’s application for license shall
 1889  specify which of the foregoing classes of business the
 1890  application for license is to cover.
 1891         (4)(a)An Any individual holding a license as a public
 1892  adjuster or an all-lines a company employee adjuster must
 1893  complete all continuing education requirements as specified in
 1894  s. 626.2815. or independent adjuster for 24 consecutive months
 1895  or longer must, beginning in his or her birth month and every 2
 1896  years thereafter, have completed 24 hours of courses, 2 hours of
 1897  which relate to ethics, in subjects designed to inform the
 1898  licensee regarding the current insurance laws of this state, so
 1899  as to enable him or her to engage in business as an insurance
 1900  adjuster fairly and without injury to the public and to adjust
 1901  all claims in accordance with the policy or contract and the
 1902  laws of this state.
 1903         (b) Any individual holding a license as a public adjuster
 1904  for 24 consecutive months or longer, beginning in his or her
 1905  birth month and every 2 years thereafter, must have completed 24
 1906  hours of courses, 2 hours of which relate to ethics, in subjects
 1907  designed to inform the licensee regarding the current laws of
 1908  this state pertaining to all lines of insurance other than life
 1909  and annuities, the current laws of this state pertaining to the
 1910  duties and responsibilities of public adjusters as set forth in
 1911  this part, and the current rules of the department applicable to
 1912  public adjusters and standard or representative policy forms
 1913  used by insurers, other than forms for life insurance and
 1914  annuities, so as to enable him or her to engage in business as
 1915  an adjuster fairly and without injury to the public and to
 1916  adjust all claims in accordance with the policy or contract and
 1917  laws of this state. In order to receive credit for continuing
 1918  education courses, public adjusters must take courses that are
 1919  specifically designed for public adjusters and approved by the
 1920  department, provided, however, no continuing education course
 1921  shall be required for public adjusters for workers’ compensation
 1922  insurance or health insurance.
 1923         (c) The department shall adopt rules necessary to implement
 1924  and administer the continuing education requirements of this
 1925  subsection. For good cause shown, the department may grant an
 1926  extension of time during which the requirements imposed by this
 1927  section may be completed, but such extension of time may not
 1928  exceed 1 year.
 1929         (d) A nonresident public adjuster must complete the
 1930  continuing education requirements provided by this section;
 1931  provided, a nonresident public adjuster may meet the
 1932  requirements of this section if the continuing education
 1933  requirements of the nonresident public adjuster’s home state are
 1934  determined to be substantially comparable to the requirements of
 1935  this state’s continuing education requirements and if the
 1936  resident’s state recognizes reciprocity with this state’s
 1937  continuing education requirements. A nonresident public adjuster
 1938  whose home state does not have such continuing education
 1939  requirements for adjusters, and who is not licensed as a
 1940  nonresident adjuster in a state that has continuing education
 1941  requirements and reciprocates with this state, must meet the
 1942  continuing education requirements of this section.
 1943         (5) The regulation of continuing education for licensees,
 1944  course providers, instructors, school officials, and monitor
 1945  groups shall be as provided for in s. 626.2816.
 1946         Section 39. Paragraph (c) of subsection (2) of section
 1947  626.8697, Florida Statutes, is amended to read:
 1948         626.8697 Grounds for refusal, suspension, or revocation of
 1949  adjusting firm license.—
 1950         (2) The department may, in its discretion, deny, suspend,
 1951  revoke, or refuse to continue the license of any adjusting firm
 1952  if it finds that any of the following applicable grounds exist
 1953  with respect to the firm or any owner, partner, manager,
 1954  director, officer, or other person who is otherwise involved in
 1955  the operation of the firm:
 1956         (c) Violation of an any order or rule of the department,
 1957  office, or commission.
 1958         Section 40. Subsections (1) and (5) of section 626.872,
 1959  Florida Statutes, are amended to read:
 1960         626.872 Temporary license.—
 1961         (1) The department may, in its discretion, issue a
 1962  temporary license as an all-lines independent adjuster or as a
 1963  company employee adjuster, subject to the following conditions:
 1964         (a) The applicant must be an employee of an adjuster
 1965  currently licensed by the department, an employee of an
 1966  authorized insurer, or an employee of an established adjusting
 1967  firm or corporation who which is supervised by a currently
 1968  licensed all-lines independent adjuster.
 1969         (b) The application must be accompanied by a certificate of
 1970  employment and a report as to the applicant’s integrity and
 1971  moral character on a form prescribed by the department and
 1972  executed by the employer.
 1973         (b)(c) The applicant must be a natural person of at least
 1974  18 years of age, must be a bona fide resident of this state,
 1975  must be trustworthy, and must have a such business reputation
 1976  that as would reasonably ensure assure that the applicant will
 1977  conduct his or her business as an adjuster fairly and in good
 1978  faith and without detriment to the public.
 1979         (c)(d) The applicant’s employer is responsible for the
 1980  adjustment acts of the temporary any licensee under this
 1981  section.
 1982         (d)(e) The applicable license fee specified must be paid
 1983  before issuance of the temporary license.
 1984         (e)(f) The temporary license is shall be effective for a
 1985  period of 1 year, but is subject to earlier termination at the
 1986  request of the employer, or if the licensee fails to take an
 1987  examination as an all-lines independent adjuster or company
 1988  employee adjuster within 6 months after issuance of the
 1989  temporary license, or if the temporary license is suspended or
 1990  revoked by the department.
 1991         (5) The department may shall not issue a temporary license
 1992  as an all-lines independent adjuster or as a company employee
 1993  adjuster to an any individual who has ever held such a license
 1994  in this state.
 1995         Section 41. Section 626.873, Florida Statutes, is repealed.
 1996         Section 42. Section 626.8734, Florida Statutes, is amended
 1997  to read:
 1998         626.8734 Nonresident all-lines adjuster license independent
 1999  adjuster’s qualifications.—
 2000         (1) The department shall, upon application therefor, issue
 2001  a license to an applicant for a nonresident all-lines adjuster
 2002  independent adjuster’s license upon determining that the
 2003  applicant has paid the applicable license fees required under s.
 2004  624.501 and:
 2005         (a) Is a natural person at least 18 years of age.
 2006         (b) Has passed to the satisfaction of the department a
 2007  written Florida all-lines adjuster independent adjuster’s
 2008  examination of the scope prescribed in s. 626.241(6); however,
 2009  the requirement for the examination does not apply to any of the
 2010  following:
 2011         1. An applicant who is licensed as an all-lines a resident
 2012  independent adjuster in his or her home state if of residence
 2013  when that state has entered into requires the passing of a
 2014  written examination in order to obtain the license and a
 2015  reciprocal agreement with the appropriate official of that state
 2016  has been entered into by the department; or
 2017         2. An applicant who is licensed as a nonresident all-lines
 2018  independent adjuster in a state other than his or her home state
 2019  of residence when the state of licensure requires the passing of
 2020  a written examination in order to obtain the license and a
 2021  reciprocal agreement with the appropriate official of the state
 2022  of licensure has been entered into with by the department.
 2023         (c) Is licensed as an all-lines adjuster and is self
 2024  appointed or appointed and employed by an independent adjusting
 2025  firm or other independent adjuster, or is an employee of an
 2026  insurer admitted to do business in this state or other insurers
 2027  under the common control or ownership of such insurer self
 2028  employed or associated with or employed by an independent
 2029  adjusting firm or other independent adjuster. Applicants
 2030  licensed as nonresident all-lines independent adjusters under
 2031  this section must be appointed as an independent adjuster or
 2032  company employee adjuster such in accordance with the provisions
 2033  of ss. 626.112 and 626.451. Appointment fees as in the amount
 2034  specified in s. 624.501 must be paid to the department in
 2035  advance. The appointment of a nonresident independent adjuster
 2036  continues shall continue in force until suspended, revoked, or
 2037  otherwise terminated, but is subject to biennial renewal or
 2038  continuation by the licensee in accordance with procedures
 2039  prescribed in s. 626.381 for licensees in general.
 2040         (d) Is trustworthy and has such business reputation as
 2041  would reasonably ensure assure that he or she will conduct his
 2042  or her business as a nonresident all-lines independent adjuster
 2043  fairly and in good faith and without detriment to the public.
 2044         (e) Has had sufficient experience, training, or instruction
 2045  concerning the adjusting of damages or losses under insurance
 2046  contracts, other than life and annuity contracts; is
 2047  sufficiently informed as to the terms and effects of the
 2048  provisions of those types of insurance contracts; and possesses
 2049  adequate knowledge of the laws of this state relating to such
 2050  contracts as to enable and qualify him or her to engage in the
 2051  business of insurance adjuster fairly and without injury to the
 2052  public or any member thereof with whom he or she may have
 2053  business as an all-lines independent adjuster.
 2054         (2) The applicant must shall furnish the following with his
 2055  or her application:
 2056         (a) A complete set of his or her fingerprints. The
 2057  applicant’s fingerprints must be certified by an authorized law
 2058  enforcement officer.
 2059         (b) If currently licensed as an all-lines a resident
 2060  independent adjuster in the applicant’s home state of residence,
 2061  a certificate or letter of authorization from the licensing
 2062  authority of the applicant’s home state of residence, stating
 2063  that the applicant holds a current license to act as an all
 2064  lines independent adjuster. The Such certificate or letter of
 2065  authorization must be signed by the insurance commissioner, or
 2066  his or her deputy or the appropriate licensing official, and
 2067  must disclose whether the adjuster has ever had a any license or
 2068  eligibility to hold any license declined, denied, suspended,
 2069  revoked, or placed on probation or whether an administrative
 2070  fine or penalty has been levied against the adjuster and, if so,
 2071  the reason for the action. Such certificate or letter is not
 2072  required if the nonresident applicant’s licensing status can be
 2073  verified through the Producer Database maintained by the
 2074  National Association of Insurance Commissioners, its affiliates,
 2075  or subsidiaries.
 2076         (c) If the applicant’s home state of residence does not
 2077  require licensure as an all-lines independent adjuster and the
 2078  applicant has been licensed as a resident insurance adjuster,
 2079  agent, broker, or other insurance representative in his or her
 2080  home state of residence or any other state within the past 3
 2081  years, a certificate or letter of authorization from the
 2082  licensing authority stating that the applicant holds or has held
 2083  a license to act as an insurance adjuster, agent, or other
 2084  insurance representative. The certificate or letter of
 2085  authorization must be signed by the insurance commissioner, or
 2086  his or her deputy or the appropriate licensing official, and
 2087  must disclose whether the adjuster, agent, or other insurance
 2088  representative has ever had a any license or eligibility to hold
 2089  any license declined, denied, suspended, revoked, or placed on
 2090  probation or whether an administrative fine or penalty has been
 2091  levied against the adjuster and, if so, the reason for the
 2092  action. Such certificate or letter is not required if the
 2093  nonresident applicant’s licensing status can be verified through
 2094  the Producer Database maintained by the National Association of
 2095  Insurance Commissioners, its affiliates, or subsidiaries.
 2096         (3) The usual and customary records pertaining to
 2097  transactions under the license of a nonresident all-lines
 2098  independent adjuster must be retained for at least 3 years after
 2099  completion of the adjustment and must be made available in this
 2100  state to the department upon request. The failure of a
 2101  nonresident all-lines independent adjuster to properly maintain
 2102  records and make them available to the department upon request
 2103  constitutes grounds for the immediate suspension of the license
 2104  issued under this section.
 2105         (4) After licensure as a nonresident independent adjuster,
 2106  As a condition of doing business in this state as a nonresident
 2107  independent adjuster, the appointee must licensee must annually
 2108  on or before January 1, on a form prescribed by the department,
 2109  submit an affidavit to the department certifying that the
 2110  licensee is familiar with and understands the insurance laws and
 2111  administrative rules of this state and the provisions of the
 2112  contracts negotiated or to be negotiated. Compliance with this
 2113  filing requirement is a condition precedent to the issuance,
 2114  continuation, reinstatement, or renewal of a nonresident
 2115  independent adjuster’s appointment.
 2116         Section 43. Section 626.8736, Florida Statutes, is amended
 2117  to read:
 2118         626.8736 Nonresident independent or public adjusters;
 2119  service of process.—
 2120         (1) Each licensed nonresident independent or public
 2121  adjuster or all-lines adjuster appointed as an independent
 2122  adjuster shall appoint the Chief Financial Officer and his or
 2123  her successors in office as his or her attorney to receive
 2124  service of legal process issued against such the nonresident
 2125  independent or public adjuster in this state, upon causes of
 2126  action arising within this state out of transactions under his
 2127  license and appointment. Service upon the Chief Financial
 2128  Officer as attorney constitutes shall constitute effective legal
 2129  service upon the nonresident independent or public adjuster.
 2130         (2) The appointment of the Chief Financial Officer for
 2131  service of process is shall be irrevocable for as long as there
 2132  could be any cause of action against the nonresident independent
 2133  or public adjuster or all-lines adjuster appointed as an
 2134  independent adjuster arising out of his or her insurance
 2135  transactions in this state.
 2136         (3) Duplicate copies of legal process against the
 2137  nonresident independent or public adjuster or all-lines adjuster
 2138  appointed as an independent adjuster shall be served upon the
 2139  Chief Financial Officer by a person competent to serve a
 2140  summons.
 2141         (4) Upon receiving the service, the Chief Financial Officer
 2142  shall forthwith send one of the copies of the process, by
 2143  registered mail with return receipt requested, to the defendant
 2144  nonresident independent or public adjuster or all-lines adjuster
 2145  appointed as an independent adjuster at his or her last address
 2146  of record with the department.
 2147         (5) The Chief Financial Officer shall keep a record of the
 2148  day and hour of service upon him or her of all legal process
 2149  received under this section.
 2150         Section 44. Subsection (1) of section 626.874, Florida
 2151  Statutes, is amended to read:
 2152         626.874 Catastrophe or emergency adjusters.—
 2153         (1) In the event of a catastrophe or emergency, the
 2154  department may issue a license, for the purposes and under the
 2155  conditions which it shall fix and for the period of emergency as
 2156  it shall determine, to persons who are residents or nonresidents
 2157  of this state, who are at least 18 years of age, who are United
 2158  States citizens or legal aliens who possess work authorization
 2159  from the United States Bureau of Citizenship and Immigration
 2160  Services, and who are not licensed adjusters under this part but
 2161  who have been designated and certified to it as qualified to act
 2162  as adjusters by all-lines independent resident adjusters, or by
 2163  an authorized insurer, or by a licensed general lines agent to
 2164  adjust claims, losses, or damages under policies or contracts of
 2165  insurance issued by such insurers. The fee for the license is
 2166  shall be as provided in s. 624.501(12)(c).
 2167         Section 45. Subsection (1) of section 626.875, Florida
 2168  Statutes, is amended to read:
 2169         626.875 Office and records.—
 2170         (1) Each appointed Every licensed independent adjuster and
 2171  every licensed public adjuster must shall have and maintain in
 2172  this state a place of business in this state which is accessible
 2173  to the public and keep therein the usual and customary records
 2174  pertaining to transactions under the license. This provision
 2175  does shall not be deemed to prohibit maintenance of such an
 2176  office in the home of the licensee.
 2177         Section 46. Section 626.876, Florida Statutes, is amended
 2178  to read:
 2179         626.876 Exclusive employment; public adjusters, independent
 2180  adjusters.—
 2181         (1) An No individual licensed and appointed as a public
 2182  adjuster may not shall be so employed during the same period by
 2183  more than one public adjuster or public adjuster firm or
 2184  corporation.
 2185         (2) An No individual licensed as an all-lines adjuster and
 2186  appointed as an independent adjuster may not shall be so
 2187  employed during the same period by more than one independent
 2188  adjuster or independent adjuster firm or corporation.
 2189         Section 47. Subsections (5), (6), and (7) of section
 2190  626.927, Florida Statutes, are amended to read:
 2191         626.927 Licensing of surplus lines agent.—
 2192         (5) The applicant must file and thereafter maintain the
 2193  bond as required under s. 626.928.
 2194         (5)(6) Examinations as to surplus lines, as required under
 2195  subsections (1) and (2), are shall be subject to the provisions
 2196  of part I as applicable to applicants for licenses in general.
 2197  No such examination shall be required as to persons who held a
 2198  Florida surplus lines agent’s license as of January 1, 1959,
 2199  except when examinations subsequent to issuance of an initial
 2200  license are provided for in general under part I.
 2201         (6)(7)An Any individual who has been licensed by the
 2202  department as a surplus lines agent as provided in this section
 2203  may be subsequently appointed without additional written
 2204  examination if his or her application for appointment is filed
 2205  with the department within 48 months after next following the
 2206  date of cancellation or expiration of the prior appointment. The
 2207  department may, in its discretion, require an any individual to
 2208  take and successfully pass an examination as for original
 2209  issuance of license as a condition precedent to the
 2210  reinstatement or continuation of the licensee’s current license
 2211  or reinstatement or continuation of the licensee’s appointment.
 2212         Section 48. Section 626.928, Florida Statutes, is repealed.
 2213         Section 49. Section 626.933, Florida Statutes, is amended
 2214  to read:
 2215         626.933 Collection of tax and service fee.—If the tax or
 2216  service fee payable by a surplus lines agent under the this
 2217  Surplus Lines Law is not so paid within the time prescribed, it
 2218  the same shall be recoverable in a suit brought by the
 2219  department against the surplus lines agent and the surety or
 2220  sureties on the bond filed by the surplus lines agent under s.
 2221  626.928. The department may authorize the Florida Surplus Lines
 2222  Service Office to file suit on its behalf. All costs and
 2223  expenses incurred in a suit brought by the office which are not
 2224  recoverable from the agent or surety shall be borne by the
 2225  office.
 2226         Section 50. Subsection (1) of section 626.935, Florida
 2227  Statutes, is amended to read:
 2228         626.935 Suspension, revocation, or refusal of surplus lines
 2229  agent’s license.—
 2230         (1) The department shall deny an application for, suspend,
 2231  revoke, or refuse to renew the appointment of a surplus lines
 2232  agent and all other licenses and appointments held by the
 2233  licensee under this code, on upon any of the following grounds:
 2234         (a) Removal of the licensee’s office from the licensee’s
 2235  state of residence.
 2236         (b) Removal of the accounts and records of his or her
 2237  surplus lines business from this state or the licensee’s state
 2238  of residence during the period when such accounts and records
 2239  are required to be maintained under s. 626.930.
 2240         (c) Closure of the licensee’s office for a period of more
 2241  than 30 consecutive days.
 2242         (d) Failure to make and file his or her affidavit or
 2243  reports when due as required by s. 626.931.
 2244         (e) Failure to pay the tax or service fee on surplus lines
 2245  premiums, as provided for in the this Surplus Lines Law.
 2246         (f) Failure to maintain the bond as required by s. 626.928.
 2247         (f)(g) Suspension, revocation, or refusal to renew or
 2248  continue the license or appointment as a general lines agent,
 2249  service representative, or managing general agent.
 2250         (g)(h) Lack of qualifications as for an original surplus
 2251  lines agent’s license.
 2252         (h)(i) Violation of this Surplus Lines Law.
 2253         (i)(j) For any other applicable cause for which the license
 2254  of a general lines agent could be suspended, revoked, or refused
 2255  under s. 626.611 or s. 626.621.
 2256         Section 51. Paragraph (b) of subsection (1) of section
 2257  627.952, Florida Statutes, is amended to read:
 2258         627.952 Risk retention and purchasing group agents.—
 2259         (1) Any person offering, soliciting, selling, purchasing,
 2260  administering, or otherwise servicing insurance contracts,
 2261  certificates, or agreements for any purchasing group or risk
 2262  retention group to any resident of this state, either directly
 2263  or indirectly, by the use of mail, advertising, or other means
 2264  of communication, shall obtain a license and appointment to act
 2265  as a resident general lines agent, if a resident of this state,
 2266  or a nonresident general lines agent if not a resident. Any such
 2267  person shall be subject to all requirements of the Florida
 2268  Insurance Code.
 2269         (b) Any person required to be licensed and appointed under
 2270  by this subsection, in order to place business through Florida
 2271  eligible surplus lines carriers, must shall, if a resident of
 2272  this state, be licensed and appointed as a surplus lines agent.
 2273  Any such person, If not a resident of this state, such person
 2274  must shall be licensed and appointed as a surplus lines agent in
 2275  her or his state of residence and shall file and thereafter
 2276  maintain a fidelity bond in favor of the people of the State of
 2277  Florida executed by a surety company admitted in this state and
 2278  payable to the State of Florida; provided, however, any
 2279  activities carried out by such nonresident is pursuant to this
 2280  part shall be limited to the provision of insurance for
 2281  purchasing groups. The bond must shall be continuous in form and
 2282  maintained in the amount of not less than $50,000, aggregate
 2283  liability set out in s. 626.928. The bond must shall remain in
 2284  force and effect until the surety is released from liability by
 2285  the department or until the bond is canceled by the surety. The
 2286  surety may cancel the bond and be released from further
 2287  liability thereunder upon 30 days’ prior written notice to the
 2288  department. The cancellation does shall not affect any liability
 2289  incurred or accrued thereunder before the termination of the 30
 2290  day period. Upon receipt of a notice of cancellation, the
 2291  department shall immediately notify the agent.
 2292         Section 52. Subsections (1) and (2) of section 635.051,
 2293  Florida Statutes, are amended to read:
 2294         635.051 Licensing and appointment of mortgage guaranty
 2295  insurance agents.—
 2296         (1) Effective October 1, 2012, a person may not transact
 2297  mortgage guaranty insurance unless licensed and appointed as a
 2298  credit insurance agent in accordance with the applicable
 2299  provisions of the insurance code. Mortgage guaranty licenses
 2300  held by persons on October 1, 2012, shall be transferred to a
 2301  credit insurance agent license. Persons who wish to obtain a new
 2302  license identification card that reflects this change must
 2303  submit the $5 fee as prescribed in s. 624.501(15). Agents of
 2304  mortgage guaranty insurers shall be licensed and appointed and
 2305  shall be subject to the same qualifications and requirements
 2306  applicable to general lines agents under the laws of this state,
 2307  except that:
 2308         (a) Particular preliminary specialized education or
 2309  training is not required of an applicant for such an agent’s
 2310  license, and continuing education is not required for renewal of
 2311  the agent’s appointment if, as part of the application for
 2312  license and appointment, the insurer guarantees that the
 2313  applicant will receive the necessary training to enable him or
 2314  her properly to hold himself or herself out to the public as a
 2315  mortgage guaranty insurance agent and if the department, in its
 2316  discretion, accepts such guaranty;
 2317         (b) The agent’s license and appointment shall be a limited
 2318  license, limited to the handling of mortgage guaranty insurance
 2319  only; and
 2320         (c) An examination may be required of an applicant for such
 2321  a license if the insurer fails to provide the guaranty described
 2322  in paragraph (a).
 2323         (2) Any general lines agent licensed under chapter 626 is
 2324  qualified to represent a mortgage guaranty insurer without
 2325  additional licensure examination.
 2326         Section 53. Subsection (2) of section 648.38, Florida
 2327  Statutes, is amended to read:
 2328         648.38 Licensure examination for bail bond agents; time;
 2329  place; fees; scope.—
 2330         (2) The department or a person designated by the department
 2331  shall provide mail written notice of the time and place of the
 2332  examination to each applicant for licensure required to take an
 2333  examination who will be eligible to take the examination as of
 2334  the examination date. The notice shall be e-mailed so mailed,
 2335  postage prepaid, and addressed to the applicant at the e-mail
 2336  his or her address shown on his or her application for licensure
 2337  or at such other address as requested by the applicant in
 2338  writing filed with the department prior to the mailing of the
 2339  notice. Notice shall be deemed given when so mailed.
 2340         Section 54. Section 648.385, Florida Statutes, is amended
 2341  to read:
 2342         648.385 Continuing education required; application;
 2343  exceptions; requirements; penalties.—
 2344         (1) The purpose of this section is to establish
 2345  requirements and standards for continuing education courses for
 2346  persons authorized to write bail bonds in this state.
 2347         (2)(a) Each person subject to the provisions of this
 2348  chapter must complete a minimum of 14 hours of continuing
 2349  education courses every 2 years as specified in s. 626.2815 in
 2350  courses approved by the department. Compliance with continuing
 2351  education requirements is a condition precedent to the issuance,
 2352  continuation, or renewal of any appointment subject to the
 2353  provisions of this chapter.
 2354         (b) A person teaching any approved course of instruction or
 2355  lecturing at any approved seminar and attending the entire
 2356  course or seminar shall qualify for the same number of classroom
 2357  hours as would be granted to a person taking and successfully
 2358  completing such course, seminar, or program. Credit shall be
 2359  limited to the number of hours actually taught unless a person
 2360  attends the entire course or seminar.
 2361         (c) For good cause shown, the department may grant an
 2362  extension of time during which the requirements imposed by this
 2363  section may be completed, but such extension of time may not
 2364  exceed 1 year.
 2365         (3)(a) Any bail-related course developed or sponsored by
 2366  any authorized insurer or recognized bail bond agents’
 2367  association, or any independent study program of instruction,
 2368  subject to approval by the department, qualifies for the
 2369  equivalency of the number of classroom hours assigned to such
 2370  course by the department. However, unless otherwise provided in
 2371  this section, continuing education credit may not be credited
 2372  toward meeting the requirements of this section unless the
 2373  course is provided by classroom instruction or results in a
 2374  monitored examination.
 2375         (b) Each person or entity sponsoring a course for
 2376  continuing education credit must furnish, within 30 days after
 2377  completion of the course, in a form satisfactory to the
 2378  department or its designee, a written and certified roster
 2379  showing the name and license number of all persons successfully
 2380  completing such course and requesting credit, accompanied by the
 2381  required fee. The department shall refuse to issue, continue, or
 2382  renew the appointment of any bail bond agent who has not had the
 2383  continuing education requirements certified unless the agent has
 2384  been granted an extension by the department.
 2385         Section 55. Subsection (1) of section 903.27, Florida
 2386  Statutes, is amended to read:
 2387         903.27 Forfeiture to judgment.—
 2388         (1) If the forfeiture is not paid or discharged by court
 2389  order of a court of competent jurisdiction within 60 days and
 2390  the bond is secured other than by money and bonds authorized
 2391  under in s. 903.16, the clerk of the circuit court for the
 2392  county where the order was made shall enter a judgment against
 2393  the surety for the amount of the penalty and issue execution.
 2394  However, if in any case in which the bond forfeiture has been
 2395  discharged by the court of competent jurisdiction conditioned
 2396  upon the payment by the surety of certain costs or fees as
 2397  allowed by statute, the amount for which judgment may be entered
 2398  may not exceed the amount of the unpaid fees or costs upon which
 2399  the discharge had been conditioned. Judgment for the full amount
 2400  of the forfeiture may shall not be entered if payment of a
 2401  lesser amount will satisfy the conditions to discharge the
 2402  forfeiture. Within 10 days, the clerk shall furnish the
 2403  Department of Financial Services and the Office of Insurance
 2404  Regulation of the Financial Services Commission with a certified
 2405  copy of the judgment docket and shall furnish the surety company
 2406  at its home office a copy of the judgment at its home office,
 2407  which includes shall include the power of attorney number of the
 2408  bond and the name of the executing agent. If the judgment is not
 2409  paid within 60 35 days, the clerk shall furnish the Department
 2410  of Financial Services, the Office of Insurance Regulation, and
 2411  the sheriff of the county in which the bond was executed, or the
 2412  official responsible for operation of the county jail, if other
 2413  than the sheriff, two certified copies of the transcript of the
 2414  docket of the judgment and a certificate stating that the
 2415  judgment remains unsatisfied. When and If the judgment is
 2416  properly paid or a court an order to vacate the judgment has
 2417  been entered by a court of competent jurisdiction, the clerk
 2418  shall immediately notify the sheriff, or the official
 2419  responsible for the operation of the county jail, if other than
 2420  the sheriff, and the Department of Financial Services and the
 2421  Office of Insurance Regulation, if the department and office had
 2422  been previously notified of nonpayment, of such payment or order
 2423  to vacate the judgment. The clerk shall also immediately prepare
 2424  and record in the public records a satisfaction of the judgment
 2425  or record the order to vacate judgment. If the defendant is
 2426  returned to the county of jurisdiction of the court and,
 2427  whenever a motion to set aside the judgment is filed, the
 2428  operation of this section is tolled until the court makes a
 2429  disposition of the motion.
 2430         Section 56. Except as otherwise expressly provided in this
 2431  act, this act shall take effect October 1, 2012.