The Florida Senate

626.752  Exchange of business.--

(1)  As used in this section:

(a)  "Brokering agent" means an originating general lines agent placing business with a company with which he or she is not appointed.

(b)  "Prominently displayed" means that the printed matter is:

1.  In at least 12-point type or type of the same size as any other entity name, whichever is larger;

2.  In all capital letters or in boldfaced type;

3.  In a typeface which is selected with legibility as the primary consideration; and

4.  Printed with the name of the insurer at the top of the form with no artwork or printed matter preceding or above it.

(2)  Subject to the provisions of subsection (3), an agent may place with an insurer for which he or she is not an appointed agent only such business for which he or she is appointed and which the insurer by which he or she is appointed is authorized to write.

(3)(a)  An insurer may furnish to resident Florida general lines agents who are not appointed by the insurer its forms, coverage documents, binders, applications, and other incidental supplies only for the purposes set forth in this section and only to the extent necessary to facilitate the writing of exchange of business pursuant to this section. The insurer shall assign a unique brokering agent's register number to each agent not appointed with the insurer but furnished with the insurer's forms, coverage documents, binders, applications, and other incidental supplies.

(b)  Each form, coverage document, binder, and application shall contain the following legend prominently displayed which shall be properly and completely filled out by the agent when utilized: "BROKERING AGENT'S REGISTER NO._____."

(c)  The following legend must immediately preface a line provided for the applicant's signature on the application which shall be properly and completely filled out by the agent when utilized: "I understand this application is not a binder unless indicated as such on this form by the brokering agent."

(d)  When business is placed under subsection (2), the following legend must preface a line provided for the brokering agent's signature which shall be properly and completely filled out by the agent when utilized: "This application is in compliance with Section 626.752, Florida Statutes. A copy has been furnished to the applicant or insured and coverage is: [  ] Bound effective  (time)   (date) ; [  ] Not bound."

(e)  The brokering agent shall maintain an appropriate and permanent Brokering Agent's Register, which shall be a bound journal in which chronologically numbered transactions are entered no later than the day in which the brokering agent's application bearing the same number is signed by the applicant. The numbers shall reflect an annual aggregate through numerical sequence and be preceded by the last two digits of the current year. The initial entry shall contain the number of the transaction, date, time, date of binder, date on which coverage commences, name and address of applicant, type of coverage desired, name of insurer binding the risk or to whom the application is to be submitted, and the amount of any premium collected therefor. By no later than the date following policy delivery, the policy number and coverage expiration date shall be added to the register.

(f)  Policies written in accordance with this section shall be properly countersigned in accordance with the provisions of s. 624.425.

(g)1.  Any insurer furnishing forms, coverage documents, binders, applications, and incidental supplies to an agent not appointed with the insurer shall keep a log sufficient to identify the agent.

2.  With respect to business placed under this section, if an agent collects a premium or other payment from an insured, the payment to the agent shall be deemed to constitute payment to the insurer.

3.  The agent shall furnish the applicant or insured with completed legible copies of all documents signed by the applicant or the agent before the applicant pays any part of the premium. Such documents include, but are not limited to, applications, receipts, coverage selection forms, and outlines of coverage.

(h)1.  No insurer shall furnish forms, coverage documents, binders, applications, and incidental supplies to an agent, for the purposes of this section, whether or not appointed with the insurer unless the name of the insurer is prominently displayed thereon.

2.  No agent shall utilize a form, coverage documents, binder, or application which does not have prominently displayed on its face the insurer's name.

3.  No agent shall utilize a form, coverage document, binder, or application not furnished by the insurer or not furnished on behalf of the insurer by its managing general agent with respect to which the form, coverage document, binder, or application applies.

4.  The agent shall not place any business pursuant to this section unless the agent has fully complied with all requirements of this section.

5.  No insurer shall accept business from an agent not appointed with the insurer on a form, coverage document, binder, or application not furnished to the agent by the insurer.

6.  No business shall be placed pursuant to subsection (2), using a form, coverage document, binder, or application containing the name of more than one insurer with check-off boxes or spaces in which the agent indicates the insurer with which coverage is bound or with respect to which premium is collected.

(i)  No provision of this section shall be construed to limit the rights of any person afforded under s. 626.342.

(4)  The foregoing limitations and restrictions shall not be construed and shall not apply to the placing of surplus lines business under the provisions of part VIII.

(5)  Within 15 days after the last day of each month, any insurer accepting business under this section shall report to the department the name, address, telephone number, and social security number of each agent from which the insurer received more than 24 personal lines risks during the calendar year, except for risks being removed from the Residential Property and Casualty Joint Underwriting Association and placed with that insurer by a brokering agent. Once the insurer has reported pursuant to this subsection an agent's name to the department, additional reports on the same agent shall not be required. However, the fee set forth in s. 624.501 shall be paid for the agent by the insurer for each year until the insurer notifies the department that the insurer is no longer accepting business from the agent pursuant to this section. The insurer may require that the agent reimburse the insurer for the fee.

(6)  If a managing general agent handles or an insurer accepts business under this section, relative to that business:

(a)  The managing general agent or insurer shall be liable to the insured for coverage arising hereunder and for the acts of the agent in producing that business; and

(b)  The managing general agent or insurer shall be responsible and accountable to the insured relating to violations of this section for misappropriation of funds by brokering agents as to business placed within the insurer's approved underwriting guidelines and contracts.

(7)  If an insurer accepts business in violation of this section, the insurer shall be liable for coverage arising thereunder.

History.--s. 276, ch. 59-205; s. 1, ch. 71-326; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 238, 241, 807, 810, ch. 82-243; s. 20, ch. 87-226; s. 1, ch. 88-104; ss. 90, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 4, ch. 95-276; s. 2, ch. 97-55; s. 257, ch. 97-102.