Senate Bill 1372

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    Florida Senate - 1998                                  SB 1372

    By Senator Williams





    4-408C-98

  1                      A bill to be entitled

  2         An act relating to insurance; amending ss.

  3         624.425, 624.428, 624.478, 626.112, F.S.;

  4         requiring agents to be appointed; amending s.

  5         624.501, F.S.; clarifying application of fees

  6         for title insurance agents; amending s.

  7         626.022, F.S.; providing for applicability of

  8         ch. 626, F.S.; amending s. 626.051, F.S.;

  9         revising the definition of the term "life

10         agent"; defining the term "variable contract

11         agent" and prescribing requirements for

12         soliciting or selling variable life insurance,

13         variable annuity contracts, and other

14         indeterminate value contracts; amending s.

15         626.062, F.S.; conforming a cross-reference;

16         amending ss. 626.141, 626.171, 626.181,

17         626.211, 626.221, 626.266, 626.281, 626.311,

18         626.511, 626.521, 626.561, 626.611, 626.621,

19         626.641, 626.651, 626.727, 626.730, 626.732,

20         626.733, 626.877, F.S.; including customer

21         representatives within and deleting claims

22         investigators from application of certain

23         provisions; excluding solicitors; authorizing

24         the department to secure a credit and character

25         report on certain persons; providing limits;

26         providing requirements of the department;

27         amending s. 626.451, F.S.; requiring law

28         enforcement agencies, the state attorney's

29         office, and court clerks to notify the

30         department of agents found guilty of felonies;

31         amending s. 626.201, F.S.; providing for

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  1         interrogatories before reinstatement; amending

  2         s. 626.321, F.S.; authorizing certain entities

  3         that hold a limited license for credit life or

  4         disability insurance to sell credit property

  5         insurance; authorizing persons who hold a

  6         limited license for credit insurance to hold

  7         certain additional licenses; amending s.

  8         626.331, F.S.; requiring licensure of certain

  9         agents for certain appointments; providing that

10         an appointment fee is not refundable; amending

11         s. 626.342, F.S.; prohibiting furnishing

12         supplies to certain agents; amending s.

13         626.541, F.S.; specifying names and addresses

14         required of certain personnel of corporations;

15         amending s. 626.592, F.S.; revising provisions

16         relating to designation of primary agents;

17         amending s. 626.601, F.S.; authorizing the

18         department to initiate investigation of agents

19         under certain conditions; amending s. 626.681,

20         F.S.; providing for administrative fines in

21         addition to certain actions; increasing such

22         fines; amending s. 626.691, F.S.; authorizing

23         the department to place certain persons on

24         probation in addition to suspending, revoking,

25         or refusing to renew a license or appointment;

26         creating s. 626.692, F.S.; providing for

27         restitution under certain circumstances;

28         amending s. 626.7351, F.S.; specifying

29         additional qualifications for a customer

30         representative's license; amending s. 626.739,

31         F.S.; specifying a temporary license as general

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  1         lines insurance agent; amending s. 626.741,

  2         F.S.; authorizing the department to issue a

  3         customer representative license to certain

  4         persons; providing a limitation; providing

  5         procedures for agent licensure of certain

  6         persons under certain circumstances; providing

  7         for cancellation of a nonresident agent's

  8         license; amending ss. 626.792, 626.835, F.S.;

  9         providing procedures for issuing a resident

10         agent's license to certain persons; amending s.

11         626.837, F.S.; clarifying conditions of placing

12         certain excess or rejected risks; amending s.

13         626.8411, F.S.; conforming a cross-reference;

14         amending s. 626.8417, F.S.; revising the

15         qualifications for licensure as a title

16         insurance agent; amending s. 626.8418, F.S.;

17         increasing the amount of the deposit or bond of

18         a title insurance agency; specifying that the

19         bond of a title insurance agency must be posted

20         with the department and must inure to the

21         benefit of damaged insurers and insureds;

22         amending ss. 626.8437, 626.844, F.S.;

23         clarifying application of grounds for refusal,

24         suspension, or revocation of license or

25         appointment; amending s. 626.8443, F.S.;

26         providing additional limitations on activities

27         during suspension or after revocation of a

28         license; amending s. 626.852, F.S.; providing

29         for applicability; amending s. 626.869, F.S.;

30         requiring certain continuing education courses;

31         clarifying requirements of such courses;

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  1         amending s. 626.8695, F.S.; providing for

  2         notice to the department; requiring designation

  3         of primary adjuster on forms prescribed by the

  4         department; amending s. 626.872, F.S.;

  5         prohibiting the department from issuing a

  6         temporary adjuster's license to certain

  7         persons; amending s. 626.873, F.S.; providing

  8         procedures for licensing certain persons as

  9         resident adjusters; providing for cancellation

10         of nonresident adjuster's license; amending s.

11         626.875, F.S; prescribing time for keeping

12         adjusters' records; amending s. 626.916, F.S.;

13         requiring surplus lines agents to provide

14         specified information; amending s. 626.922,

15         F.S.; requiring surplus lines agents to perform

16         certain duties relating to evidence of

17         insurance; amending s. 626.928, F.S.;

18         increasing bonds for surplus lines agents;

19         amending ss. 626.927, 626.9271, 626.929,

20         626.935, 626.944, F.S.; requiring appointment

21         in addition to licensure of certain persons;

22         amending s. 627.745, F.S.; clarifying a

23         provision related to final examination;

24         revising administration of the mediation

25         program; amending s. 634.011, F.S.; revising a

26         definition; amending ss. 634.171 and 634.420,

27         F.S.; clarifying application of accountability

28         provisions; amending s. 634.317, F.S.;

29         providing for responsibility and accountability

30         of sales representatives; amending s. 642.036,

31         F.S.; deleting requirement that the addresses

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  1         of certain agents be filed with the department;

  2         repealing s. 626.112(6), F.S., relating to

  3         licensing of claims investigators; repealing s.

  4         626.532, F.S., relating to insurance vending

  5         machine licenses; repealing s. 626.857, F.S.,

  6         relating to the definition of "claims

  7         investigator"; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 624.425, Florida Statutes, is

12  amended to read:

13         624.425  Resident agent and countersignature required,

14  property, casualty, surety insurance.--

15         (1)  Except as stated in s. 624.426, no authorized

16  property, casualty, or surety insurer shall assume direct

17  liability as to a subject of insurance resident, located, or

18  to be performed in this state unless the policy or contract of

19  insurance is issued by or through, and is countersigned by, a

20  local producing agent who is a resident of this state,

21  regularly commissioned and licensed currently as an agent and

22  appointed as an agent for of the insurer under this code. If

23  two or more authorized insurers issue a single policy of

24  insurance against legal liability for loss or damage to person

25  or property caused by the nuclear energy hazard, or a single

26  policy insuring against loss or damage to property by

27  radioactive contamination, whether or not also insuring

28  against one or more other perils proper to insure against in

29  this state, such policy if otherwise lawful may be

30  countersigned on behalf of all of the insurers by a licensed

31  and appointed resident agent of any insurer appearing thereon.

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  1  Such agent shall receive on each policy or contract the full

  2  and usual commission allowed and paid by the insurer to its

  3  agents on business written or transacted by them for the

  4  insurer.

  5         (2)  If any subject of insurance referred to in

  6  subsection (1) is insured under a policy, or contract, or

  7  certificate of renewal or continuation thereof, issued in

  8  another state and covering also property and risks outside

  9  this state, a certificate evidencing such insurance as to

10  subjects located, resident, or to be performed in this state,

11  shall be issued by or through and shall be countersigned by

12  the insurer's commissioned and appointed licensed local

13  producing agent resident in this state in the same manner and

14  subject to the same conditions as is provided in subsection

15  (1) as to policies and contracts; except that the compensation

16  to be paid to the agent may relate only to the Florida portion

17  of the insurance risks represented by such policy or contract.

18         (3)  An agent shall not sign or countersign in blank

19  any policy to be issued outside her or his office, or

20  countersign in blank any countersignature endorsement

21  therefor, or certificate issued thereunder.  An agent may give

22  a written power of attorney to the issuing insurance company

23  to countersign such documents by imprinting his name, or the

24  name of the agency or other entity with which the agent may be

25  sharing commission pursuant to s. 626.753(1)(a) and (2),

26  thereon in lieu of manually countersigning such documents; but

27  an agent shall not give a power of attorney to any other

28  person to countersign any such document in her or his name

29  unless the person so authorized is directly employed by the

30  agent and by no other person, and is so employed in the office

31  of the agent.

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  1         (4)  This section shall not be deemed to prohibit

  2  insurers from using salaried licensed and appointed agents for

  3  the production and servicing of business in this state and the

  4  issuance and countersignature by such agents of insurance

  5  policies or contracts, when required under subsection (1), and

  6  without payment of commission therefor.

  7         (5)  This section shall not be deemed to prohibit an

  8  insurer from authorizing an agent who is not regularly

  9  commissioned and appointed licensed currently as an agent of

10  the insurer from countersigning a policy or contract of

11  insurance issued pursuant to the provisions of ss. 627.311 and

12  627.351.  This section does not apply to reissuance of

13  insurance policies or endorsements thereto which are part of a

14  mass reissuance of such policies or endorsements and do not

15  involve a change of premium or payment of agent's commissions.

16         Section 2.  Subsections (1) and (2) of section 624.428,

17  Florida Statutes, are amended to read:

18         624.428  Licensed agent law, life and health

19  insurances.--

20         (1)  No life insurer shall deliver or issue for

21  delivery in this state any policy of life insurance, master

22  group life insurance contract, master credit life policy or

23  agreement, annuity contract, or contract or policy of health

24  insurance, unless the application for such policy or contract

25  is taken by, and the delivery of such policy or contract is

26  made through, an insurance agent of the insurer duly licensed

27  and appointed under the law of this state, who shall receive

28  the usual commission due to an agent from such insurer.

29         (2)  Each such insurer shall maintain a licensed and

30  appointed agent at all times for the purpose of and through

31

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  1  whom policies or contracts issued or delivered in this state

  2  shall be serviced.

  3         Section 3.  Section 624.478, Florida Statutes, is

  4  amended to read:

  5         624.478  Use of agents.--A commercial self-insurance

  6  fund shall use an agent or agents licensed under parts I and

  7  II of chapter 626 to perform any of the activities described

  8  in s. 626.041(2).  A commercial self-insurance fund shall have

  9  the authority to appoint license agents in accordance with

10  parts I and II of chapter 626, and the fund and its appointed

11  licensed agents shall be subject to the requirements of such

12  provisions.

13         Section 4.  Subsections (16), (17), and (29) of section

14  624.501, Florida Statutes, are amended to read:

15         624.501  Filing, license, appointment, and

16  miscellaneous fees.--The department shall collect in advance,

17  and persons so served shall pay to it in advance, fees,

18  licenses, and miscellaneous charges as follows:

19         (16)  Issuance, reissuance, reinstatement, modification

20  resulting in a modified license being issued, or duplicate

21  copy of any insurance representative license, or an

22  appointment being reinstated.............................$5.00

23         (17)  Additional appointment license continuation fees

24  as prescribed in chapter 626.............................$5.00

25         (29)  Title insurance agents:

26         (a)  Agent's original appointment or biennial renewal

27  or continuation thereof, each insurer and agency's biennial

28  license fee:

29         Appointment fee..................................$42.00

30         State tax.........................................12.00

31         County tax.........................................6.00

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  1  Total...................................................$60.00

  2         (b)  Agency original appointment license fee or

  3  biennial renewal or continuation thereof, each insurer:

  4         Appointment Licensing fee........................$42.00

  5         State tax.........................................12.00

  6         County tax.........................................6.00

  7  Total...................................................$60.00

  8         (c)  Filing for title insurance agent's license:

  9         Application for filing, each filing, filing

10  fee.....................................................$10.00

11         (d)  Additional appointment continuation fee as

12  prescribed by s. 626.843.................................$5.00

13         (e)  Title insurer and title insurance agency

14  administrative surcharge:

15         1.  On or before January 30 of each calendar year, each

16  title insurer shall pay to the department for each licensed

17  title insurance agency appointed by the title insurer and for

18  each retail office of the insurer on January 1 of that

19  calendar year an administrative surcharge of $200.00.

20         2.  On or before January 30 of each calendar year, each

21  licensed title insurance agency shall remit to the department

22  an administrative surcharge of $200.00.

23

24  The administrative surcharge may be used solely to defray the

25  costs to the department in its examination or audit of title

26  insurance agencies agents and retail offices of title insurers

27  and to gather title insurance data for statistical purposes in

28  its regulation of title insurance.

29         Section 5.  Section 626.022, Florida Statutes, is

30  amended to read:

31         626.022  Scope of part.--

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  1         (1)  This part applies as to insurance agents,

  2  solicitors, service representatives, adjusters, and insurance

  3  agencies; as to any and all kinds of insurance; and as to

  4  stock insurers, mutual insurers, reciprocal insurers, and all

  5  other types of insurers, except that:

  6         (a)  The applicability of this chapter as to

  7  reinsurance intermediaries, as defined in s. 626.7492, shall

  8  be as provided in part II of chapter 626 It does not apply as

  9  to reinsurance.

10         (b)  The applicability of this chapter as to fraternal

11  benefit societies shall be as provided in chapter 632.

12         (c)  It does not apply to a bail bond agent, as defined

13  in s. 648.25, except as provided in chapter 648 or chapter

14  903.

15         (2)  For the purposes of this part, "insurance" also

16  includes annuity contracts.

17         Section 6.  Subsections (1) and (2) of section 626.051,

18  Florida Statutes, are amended to read:

19         626.051  "Life agent" defined.--

20         (1)(a)  For the purposes of this part, a "life agent"

21  is a person who represents one representing an insurer as to

22  life insurance and annuity contracts.  The term also includes

23  an agent appointed as such as to life insurance, fixed-dollar

24  annuity contracts, or variable contracts, and health insurance

25  contracts by the same insurer.

26         (b)  A person may not solicit or sell variable life

27  insurance, variable annuity contracts, or any other

28  indeterminate value contracts unless the person has

29  successfully completed a licensure examination relating to

30  variable annuity contracts authorized and approved by the

31  department.

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  1         (2)  Except as provided in s. 626.112(6)(7), with

  2  respect to any such insurances or contracts, no person shall,

  3  unless licensed as an agent:

  4         (a)  Solicit insurance or annuities or procure

  5  applications; or

  6         (b)  In this state engage or hold himself or herself

  7  out as engaging in the business of analyzing or abstracting

  8  insurance policies or of counseling or advising or giving

  9  opinions to persons relative to insurance or insurance

10  contracts other than:

11         1.  As a consulting actuary advising an insurer; or

12         2.  As to the counseling and advising of labor unions,

13  associations, trustees, employers or other business entities,

14  the subsidiaries and affiliates of each, relative to their

15  interests and those of their members or employees under

16  insurance benefit plans.

17         Section 7.  "Variable contract agent" defined.--For the

18  purposes of part I of chapter 626, Florida Statutes, a

19  "variable contract agent" is one representing an insurer as to

20  variable annuity, variable life, or other indeterminate value

21  or variable contracts as defined in section 627.8015, Florida

22  Statutes.

23         Section 8.  Subsection (2) of section 626.062, Florida

24  Statutes, is amended to read:

25         626.062  "Health agent" defined.--

26         (2)  Except as provided in s. 626.112(6)(7), with

27  respect to such insurance, no person shall, unless licensed as

28  an agent:

29         (a)  Solicit insurance or procure applications; or

30         (b)  In this state engage or hold himself or herself

31  out as engaging in the business of analyzing or abstracting

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  1  insurance policies or of counseling or advising or giving

  2  opinions to persons relative to insurance contracts other

  3  than:

  4         1.  As a consulting actuary advising insurers; or

  5         2.  As to the counseling and advising of labor unions,

  6  associations, trustees, employers or other business entities,

  7  the subsidiaries and affiliates of each, relative to their

  8  interests and those of their members or employees under

  9  insurance benefit plans.

10         Section 9.  Section 626.112, Florida Statutes, is

11  amended to read:

12         626.112  License and appointment required; agents,

13  customer representatives, solicitors, adjusters, insurance

14  agencies, service representatives, managing general agents,

15  claims investigators.--

16         (1)  No person shall be, act as, or advertise or hold

17  himself or herself out to be an insurance agent, customer

18  representative, solicitor, or adjuster unless he or she is

19  currently licensed and appointed.

20         (2)  No agent, customer representative, or solicitor

21  shall solicit or otherwise transact as agent, customer

22  representative, or solicitor, or represent or hold himself or

23  herself out to be an agent, customer representative, or

24  solicitor as to, any kind or kinds of insurance as to which he

25  or she is not then licensed and appointed.

26         (3)  No person shall act as an adjuster as to any class

27  of business for which he or she is not then licensed and

28  appointed.

29         (4)  No person shall be, act as, or represent or hold

30  himself or herself out to be a service representative unless

31  he or she then holds a currently effective service

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  1  representative license and appointment. This subsection does

  2  not apply as to similar representatives or employees of

  3  casualty insurers whose duties are restricted to health

  4  insurance.

  5         (5)  No person shall be, act as, or represent or hold

  6  himself or herself out to be a managing general agent unless

  7  he or she then holds a currently effective managing general

  8  agent license and appointment.

  9         (6)  No person shall be, act as, or represent or hold

10  himself or herself out to be a claims investigator, or perform

11  any of the functions of a claims investigator, unless he or

12  she then holds a currently effective claims investigator

13  license and appointment.

14         (6)(7)  An individual employed by a life or health

15  insurer as an officer or other salaried representative may

16  solicit and effect contracts of life insurance or annuities or

17  of health insurance, without being licensed as an agent, when

18  and only when he or she is accompanied by and solicits for and

19  on the behalf of a licensed and appointed agent.

20         (7)(8)(a)  No individual, firm, partnership,

21  corporation, association, or any other entity shall act in its

22  own name or under a trade name, directly or indirectly, as an

23  insurance agency, when required to be licensed by this

24  subsection, unless it complies with s. 626.172 with respect to

25  possessing an insurance agency license for each place of

26  business at which it engages in any activity which may be

27  performed only by a licensed insurance agent or solicitor.

28         (b)  An insurance agency shall, as a condition

29  precedent to continuing business, obtain an insurance agency

30  license if the department finds that, with respect to any

31  majority owner, partner, manager, director, officer, or other

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  1  person who manages or controls the agency, any person has,

  2  subsequent to the effective date of this act:

  3         1.  Been found guilty of, or has pleaded guilty or nolo

  4  contendere to, a felony in this state or any other state

  5  relating to the business of insurance or to an insurance

  6  agency, without regard to whether a judgment of conviction has

  7  been entered by the court having jurisdiction of the cases.

  8         2.  Employed any individual in a managerial capacity or

  9  in a capacity dealing with the public who is under an order of

10  revocation or suspension issued by the department.  An

11  insurance agency may request, on forms prescribed by the

12  department, verification of any person's license status. If a

13  request is mailed within 5 working days after an employee is

14  hired, and the employee's license is currently suspended or

15  revoked, the agency shall not be required to obtain a license,

16  if the unlicensed person's employment is immediately

17  terminated.

18         3.  Operated the agency or permitted the agency to be

19  operated in violation of s. 626.747.

20         4.  With such frequency as to have made the operation

21  of the agency hazardous to the insurance-buying public or

22  other persons:

23         a.  Solicited or handled controlled business.  This

24  subparagraph shall not prohibit the licensing of any lending

25  or financing institution or creditor, with respect to

26  insurance only, under credit life or disability insurance

27  policies of borrowers from the institutions, which policies

28  are subject to part IX of chapter 627.

29         b.  Misappropriated, converted, or unlawfully withheld

30  moneys belonging to insurers, insureds, beneficiaries, or

31

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  1  others and received in the conduct of business under the

  2  license.

  3         c.  Unlawfully rebated, attempted to unlawfully rebate,

  4  or unlawfully divided or offered to divide commissions with

  5  another.

  6         d.  Misrepresented any insurance policy or annuity

  7  contract, or used deception with regard to any policy or

  8  contract, done either in person or by any form of

  9  dissemination of information or advertising.

10         e.  Violated any provision of this code or any other

11  law applicable to the business of insurance in the course of

12  dealing under the license.

13         f.  Violated any lawful order or rule of the

14  department.

15         g.  Failed or refused, upon demand, to pay over to any

16  insurer he or she represents or has represented any money

17  coming into his or her hands belonging to the insurer.

18         h.  Violated the provision against twisting as defined

19  in s. 626.9541(1)(l).

20         i.  In the conduct of business, engaged in unfair

21  methods of competition or in unfair or deceptive acts or

22  practices, as prohibited under part X of this chapter.

23         j.  Willfully overinsured any property insurance risk.

24         k.  Engaged in fraudulent or dishonest practices in the

25  conduct of business arising out of activities related to

26  insurance or the insurance agency.

27         l.  Demonstrated lack of fitness or trustworthiness to

28  engage in the business of insurance arising out of activities

29  related to insurance or the insurance agency.

30

31

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  1         m.  Authorized or knowingly allowed individuals to

  2  transact insurance who were not then licensed as required by

  3  this code.

  4         5.  Knowingly employed any person who within the

  5  preceding 3 years has had his or her relationship with an

  6  agency terminated in accordance with paragraph (d).

  7         6.  Willfully circumvented the requirements or

  8  prohibitions of this code.

  9         (c)  An agency required to be licensed in accordance

10  with paragraph (b) shall remain so licensed for a period of 3

11  years from the date of licensure unless the license is

12  suspended or revoked in accordance with law.  The department

13  may revoke or suspend the agency authority to do business for

14  activities occurring during the time the agency is licensed,

15  regardless of whether the licensing period has terminated.

16         (d)  Notwithstanding the provisions of this subsection,

17  no insurance agency shall be required to apply for an agency

18  license if such agency can prove to the department that:

19         1.  The agency is severing its relationship with each

20  majority owner, partner, manager, director, officer, or other

21  person who managed or controlled such agency and who violated

22  any of the provisions of paragraph (b).

23         2.  No such majority owner, partner, manager, director,

24  officer, or other person who managed such agency is to be

25  affiliated with such agency in any capacity for a period of 3

26  years from the date of such severance.

27         Section 10.  Section 626.141, Florida Statutes, is

28  amended to read:

29         626.141  Violation not to affect validity of

30  insurance.--An insurance contract which is otherwise valid and

31  binding as between the parties thereto shall not be rendered

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  1  invalid by reason of having been solicited, handled, or

  2  procured by or through an unlicensed agent, customer

  3  representative, or solicitor or an agent, customer

  4  representative, or solicitor who has not been appointed.

  5         Section 11.  Subsections (1) and (6) of section

  6  626.171, Florida Statutes, are amended to read:

  7         626.171  Application for license.--

  8         (1)  The department shall not issue a license as agent,

  9  customer representative, solicitor, adjuster, insurance

10  agency, service representative, managing general agent, or

11  reinsurance intermediary, or claims investigator, to any

12  person except upon written application therefor filed with it,

13  qualification therefor, and payment in advance of all

14  applicable fees.  Any such application shall be made under the

15  oath of the applicant and be signed by the applicant.

16         (6)  The application for license filing fee prescribed

17  in s. 624.501 is shall not be subject to refund.

18         Section 12.  Section 626.181, Florida Statutes, is

19  amended to read:

20         626.181  Number of applications for licensure

21  required.--After a license as agent, customer representative,

22  solicitor, or adjuster has been issued to an individual, the

23  same individual shall not be required to take another

24  examination for a similar license, regardless, in the case of

25  an agent, of the number of insurers to be represented by him

26  or her as agent, unless:

27         (1)  Specifically ordered by the department to complete

28  a new application for license; or

29         (2)  During any period of 24 months since the filing of

30  the original license application, such individual was not

31  appointed as an agent, customer representative, solicitor, or

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  1  adjuster, unless the failure to be so appointed was due to

  2  military service, in which event the period within which a new

  3  application is not required may, in the discretion of the

  4  department, be extended to 12 months following the date of

  5  discharge from military service if the military service does

  6  not exceed 3 years, but in no event to extend under this

  7  clause for a period of more than 4 years from the date of

  8  filing of the original application for license.

  9         Section 13.  Section 626.201, Florida Statutes, is

10  amended to read:

11         626.201  Investigation.--The department may propound

12  any reasonable interrogatories in addition to those contained

13  in the application, to any applicant for license or

14  appointment, or on any renewal, reinstatement, or continuation

15  thereof, relating to his or her qualifications, residence,

16  prospective place of business, and any other matter which, in

17  the opinion of the department, is deemed necessary or

18  advisable for the protection of the public and to ascertain

19  the applicant's qualifications.  The department may, upon

20  completion of the application, make such further investigation

21  as it may deem advisable of the applicant's character,

22  experience, background, and fitness for the license or

23  appointment.  Such an inquiry or investigation shall be in

24  addition to any examination required to be taken by the

25  applicant as hereinafter in this chapter provided.

26         Section 14.  Subsection (2) of section 626.211, Florida

27  Statutes, is amended to read:

28         626.211  Approval, disapproval of application.--

29         (2)  Upon approval of an applicant for license as

30  agent, customer representative, solicitor, or adjuster who is

31  subject to written examination, the department shall notify

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  1  the applicant when and where he or she may take the required

  2  examination.

  3         Section 15.  Paragraphs (c) and (d) of subsection (2)

  4  and subsection (3) of section 626.221, Florida Statutes, are

  5  amended to read:

  6         626.221  Examination requirement; exemptions.--

  7         (2)  However, no such examination shall be necessary in

  8  any of the following cases:

  9         (c)  In the discretion of the department, an applicant

10  for reinstatement of license or appointment as an agent,

11  customer representative, or adjuster whose license has been

12  suspended within 2 years prior to the date of application or

13  written request for reinstatement.

14         (d)  An applicant who, within 2 years prior to

15  application for license and appointment as an agent, customer

16  representative, or adjuster, was a full-time salaried employee

17  of the department and had continuously been such an employee

18  with responsible insurance duties for not less than 2 years

19  and who had been a licensee within 2 years prior to employment

20  by the department with the same class of license as that being

21  applied for.

22         (3)  An individual who is already licensed as a

23  solicitor or customer representative shall not be licensed as

24  a general lines agent without application and examination for

25  such license.

26         Section 16.  Section 626.266, Florida Statutes, is

27  amended to read:

28         626.266  Printing of examinations or related materials

29  to preserve examination security.--A contract let for the

30  development, administration, or grading of examinations or

31  related materials by the Department of Insurance pursuant to

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  1  the various agent, customer representative, solicitor, or

  2  adjuster licensing and examination provisions of this code may

  3  include the printing or furnishing of these examinations or

  4  related materials in order to preserve security.  Any such

  5  contract shall be let as a contract for a contractual service

  6  pursuant to s. 287.057.

  7         Section 17.  Subsection (2) of section 626.281, Florida

  8  Statutes, is amended to read:

  9         626.281  Reexamination.--

10         (2)  The department may require any individual whose

11  license as an agent, customer representative, or adjuster has

12  expired or has been suspended to pass an examination prior to

13  reinstating or relicensing the individual as to any class of

14  license.  The examination fee shall be paid as to each

15  examination.

16         Section 18.  Subsection (1) of section 626.311, Florida

17  Statutes, is amended to read:

18         626.311  Scope of license.--

19         (1)  Except as to limited licenses, the applicant for

20  license as a general lines agent or customer representative

21  solicitor shall qualify for all property, marine, casualty,

22  and surety lines except bail bonds which require a separate

23  license under chapter 648.  The license of a general lines

24  agent may also cover health insurance if health insurance is

25  included in the agent's appointment by an insurer as to which

26  the licensee is also appointed as agent for property or

27  casualty or surety insurance.  The license of a customer

28  representative solicitor shall provide, in substance, that it

29  covers all of such classes of insurance that his or her

30  appointing general lines agent or agency is currently so

31  authorized to transact under the general lines agent's license

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  1  and appointments.  No such license shall be issued limited to

  2  particular classes of insurance except for bail bonds which

  3  require a separate license under chapter 648.

  4         Section 19.  Subsection (1) of section 626.321, Florida

  5  Statutes, is amended to read:

  6         626.321  Limited licenses.--

  7         (1)  The department shall issue to a qualified

  8  individual, or a qualified individual or entity under

  9  paragraphs (c), (d), and (e), a license as agent authorized to

10  transact a limited class of business in any of the following

11  categories:

12         (a)  Motor vehicle physical damage and mechanical

13  breakdown insurance.--License covering insurance against only

14  the loss of or damage to any motor vehicle which is designed

15  for use upon a highway, including trailers and semitrailers

16  designed for use with such vehicles. Such license also covers

17  insurance against the failure of an original or replacement

18  part to perform any function for which it was designed.  The

19  applicant for such a license shall pass a written examination

20  covering motor vehicle physical damage insurance and

21  mechanical breakdown insurance.  No individual while so

22  licensed shall hold a license as an agent or solicitor as to

23  any other or additional kind or class of insurance coverage

24  except as to a limited license for credit life and disability

25  insurances as provided in paragraph (e).

26         (b)  Industrial fire insurance or burglary

27  insurance.--License covering only industrial fire insurance or

28  burglary insurance.  The applicant for such a license shall

29  pass a written examination covering such insurance.  No

30  individual while so licensed shall hold a license as an agent

31

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  1  or solicitor as to any other or additional kind or class of

  2  insurance coverage except as to life and health insurances.

  3         (c)  Personal accident insurance.--License covering

  4  only policies of personal accident insurance covering the

  5  risks of travel, except as provided in subparagraph 2.  The

  6  license may be issued only:

  7         1.  To a full-time salaried employee of a common

  8  carrier or a full-time salaried employee or owner of a

  9  transportation ticket agency and may authorize the sale of

10  such ticket policies only in connection with the sale of

11  transportation tickets, or to the full-time salaried employee

12  of such an agent.  No such policy shall be for a duration of

13  more than 48 hours or for the duration of a specified one-way

14  trip or round trip.

15         2.  To a full-time salaried employee of a business

16  which offers motor vehicles for rent or lease, or to a

17  business office of a business which offers motor vehicles for

18  rent or lease if insurance sales activities authorized by the

19  license are limited to full-time salaried employees.  A

20  business office licensed or a person licensed pursuant to this

21  subparagraph may, as an agent of an insurer, transact

22  insurance that provides coverage for accidental personal

23  injury or death of the lessee and any passenger who is riding

24  or driving with the covered lessee in the rental motor vehicle

25  if the lease or rental agreement is for not more than 30 days,

26  or if the lessee is not provided coverage for more than 30

27  consecutive days per lease period; however, if the lease is

28  extended beyond 30 days, the coverage may be extended one time

29  only for a period not to exceed an additional 30 days.

30         (d)  Baggage and motor vehicle excess liability

31  insurance.--

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  1         1.  License covering only insurance of personal effects

  2  except as provided in subparagraph 2.  The license may be

  3  issued only:

  4         a.  To a full-time salaried employee of a common

  5  carrier or a full-time salaried employee or owner of a

  6  transportation ticket agency, which person is engaged in the

  7  sale or handling of transportation of baggage and personal

  8  effects of travelers, and may authorize the sale of such

  9  insurance only in connection with such transportation; or

10         b.  To the full-time salaried employee of a licensed

11  general lines agent, a full-time salaried employee of a

12  business which offers motor vehicles for rent or lease, or to

13  a business office of a business which offers motor vehicles

14  for rent or lease if insurance sales activities authorized by

15  the license are limited to full-time salaried employees.

16

17  The purchaser of baggage insurance shall be provided written

18  information disclosing that the insured's homeowner's policy

19  may provide coverage for loss of personal effects and that the

20  purchase of such insurance is not required in connection with

21  the purchase of tickets or in connection with the lease or

22  rental of a motor vehicle.

23         2.  A business office licensed pursuant to subparagraph

24  1., or a person licensed pursuant to subparagraph 1. who is a

25  full-time salaried employee of a business which offers motor

26  vehicles for rent or lease, may include lessees under a master

27  contract providing coverage to the lessor or may transact

28  excess motor vehicle liability insurance providing coverage in

29  excess of the standard liability limits provided by the lessor

30  in its lease to a person renting or leasing a motor vehicle

31  from the licensee's employer for liability arising in

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  1  connection with the negligent operation of the leased or

  2  rented motor vehicle, provided that the lease or rental

  3  agreement is for not more than 30 days; that the lessee is not

  4  provided coverage for more than 30 consecutive days per lease

  5  period, and, if the lease is extended beyond 30 days, the

  6  coverage may be extended one time only for a period not to

  7  exceed an additional 30 days; that the lessee is given written

  8  notice that his or her personal insurance policy providing

  9  coverage on an owned motor vehicle may provide additional

10  excess coverage; and that the purchase of the insurance is not

11  required in connection with the lease or rental of a motor

12  vehicle.  The excess liability insurance may be provided to

13  the lessee as an additional insured on a policy issued to the

14  licensee's employer.

15         3.  A business office licensed pursuant to subparagraph

16  1., or a person licensed pursuant to subparagraph 1. who is a

17  full-time salaried employee of a business which offers motor

18  vehicles for rent or lease, may, as an agent of an insurer,

19  transact insurance that provides coverage for the liability of

20  the lessee to the lessor for damage to the leased or rented

21  motor vehicle if:

22         a.  The lease or rental agreement is for not more than

23  30 days; or the lessee is not provided coverage for more than

24  30 consecutive days per lease period, but, if the lease is

25  extended beyond 30 days, the coverage may be extended one time

26  only for a period not to exceed an additional 30 days;

27         b.  The lessee is given written notice that his

28  personal insurance policy that provides coverage on an owned

29  motor vehicle may provide such coverage with or without a

30  deductible; and

31

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  1         c.  The purchase of the insurance is not required in

  2  connection with the lease or rental of a motor vehicle.

  3         (e)  Credit life or disability insurance.--License

  4  covering only credit life or disability insurance.  The

  5  license may be issued only to an individual employed by a life

  6  or health insurer as an officer or other salaried or

  7  commissioned representative, or to an individual employed by

  8  or associated with a lending or financing institution or

  9  creditor, and may authorize the sale of such insurance only

10  with respect to borrowers or debtors of such lending or

11  financing institution or creditor.  However, only the

12  individual or entity whose tax identification number is used

13  in receiving or is credited with receiving the commission from

14  the sale of such insurance shall be the licensed agent of the

15  insurer.  No individual while so licensed shall hold a license

16  as an agent or solicitor as to any other or additional kind or

17  class of life or health insurance coverage. An entity other

18  than a lending or financial institution defined in s. 626.988

19  holding a limited license under this paragraph shall also be

20  authorized to sell credit property insurance.

21         (f)  Credit insurance.--License covering only credit

22  insurance, as such insurance is defined in s. 624.605(1)(i),

23  and no individual so licensed shall, during the same period,

24  hold a license as an agent or solicitor as to any other or

25  additional kind of life or health insurance with the exception

26  of credit life or disability insurance as defined in paragraph

27  (e).

28         Section 20.  Subsections (3) and (4) of section

29  626.331, Florida Statutes, are amended to read:

30         626.331  Number of appointments permitted or

31  required.--

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  1         (3)  The department may issue a single appointment

  2  covering both life and health insurances to an individual

  3  licensed qualified as to both such kinds of insurance and

  4  appointed as agent as to both such kinds by the same insurer.

  5         (4)  If requested in writing by the applicant or payor

  6  entitled thereto within 60 days after the denial or

  7  disapproval of an appointment, the department shall refund to

  8  the applicant or payor entitled thereto any state and county

  9  taxes received by it in connection with the application for

10  the appointment.  The appointment fee is not subject to

11  refund. No refund shall be made under any circumstances after

12  issuance of an appointment.  No refund shall be made if the

13  applicable appointment year has commenced before receipt by

14  the department of the request for cancellation of the

15  appointment and refund.

16         Section 21.  Section 626.342, Florida Statutes, is

17  amended to read:

18         626.342  Furnishing supplies to unlicensed life,

19  health, or general lines agent prohibited; civil liability and

20  penalty.--

21         (1)  An No insurer, a managing general agent, or an

22  agent, directly or through any representative, may not shall

23  furnish to any agent any blank forms, applications,

24  stationery, or other supplies to be used in soliciting,

25  negotiating, or effecting contracts of insurance on its behalf

26  unless such blank forms, applications, stationery, or other

27  supplies relate to a class of business with respect to which

28  the agent is licensed and appointed, whether for that insurer

29  or another insurer.

30         (2)  Any insurer, general agent, or agent who furnishes

31  any of the supplies specified in subsection (1) to any agent

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  1  or prospective agent not appointed to represent the insurer

  2  and who accepts from or writes any insurance business for such

  3  agent or agency is shall be subject to civil liability to any

  4  insured of such insurer to the same extent and in the same

  5  manner as if such agent or prospective agent had been

  6  appointed or authorized by the insurer or such agent to act in

  7  its or his or her behalf.  The provisions of this subsection

  8  do not apply to insurance risk apportionment plans under s.

  9  627.351.

10         (3)  This section does not apply to the placing of

11  surplus lines business under the provisions of ss.

12  626.913-626.937.

13         Section 22.  Subsections (5) and (6) are added to

14  section 626.451, Florida Statutes, to read:

15         626.451  Appointment of agent or other

16  representative.--

17         (5)  Any law enforcement agency, state attorney's

18  office, or court clerk that is aware that an agent, adjuster,

19  service representative, solicitor, customer representative, or

20  managing general agent has pleaded guilty or nolo contendere

21  to or has been found guilty of a felony shall notify the

22  department of such fact.

23         (6)  Upon the filing of an information or indictment

24  against an agent, adjuster, service representative, solicitor,

25  customer representative, or managing general agent, the state

26  attorney or clerk of the circuit court shall immediately

27  furnish the department a certified copy of the information or

28  indictment.

29         Section 23.  Subsection (1) of section 626.511, Florida

30  Statutes, 1996 Supplement, is amended to read:

31

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  1         626.511  Reasons for termination; confidential

  2  information.--

  3         (1)  Any insurer terminating the appointment of an

  4  agent; any general lines agent terminating the appointment of

  5  a solicitor, customer representative, or a crop hail or

  6  multiple-peril crop insurance agent; and any employer

  7  terminating the appointment of an adjuster, service

  8  representative, or managing general agent, or claims

  9  investigator, whether such termination is by direct action of

10  the appointing insurer, agent, or employer or by failure to

11  renew or continue the appointment as provided, shall file with

12  the department a statement of the reasons, if any, for and the

13  facts relative to such termination.  In the case of

14  termination of the appointment of an agent, such information

15  may be filed by the insurer or by the general agent of the

16  insurer.

17         (2)  In the case of terminations by failure to renew or

18  continue the appointment, the information required under

19  subsection (1) shall be filed with the department as soon as

20  possible, and at all events within 30 days, after the date

21  notice of intention not to so renew or continue was filed with

22  the department as required in this chapter.  In all other

23  cases, the information required under subsection (1) shall be

24  filed with the department at the time, or at all events within

25  10 days after, notice of the termination was filed with the

26  department.

27         (3)  Any information, document, record, or statement

28  furnished to the department under subsection (1) is

29  confidential and exempt from the provisions of s. 119.07(1).

30         Section 24.  Subsections (1) and (3) of section

31  626.521, Florida Statutes, are amended to read:

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  1         626.521  Character, credit reports.--

  2         (1)  As to each applicant who for the first time in

  3  this state is applying and qualifying for a license as agent,

  4  solicitor, adjuster, service representative, customer

  5  representative, or managing general agent, or claims

  6  investigator, the appointing insurer or its manager or general

  7  agent in this state, in the case of agents, or the appointing

  8  general lines agent, in the case of solicitors or customer

  9  representatives, or the employer, in the case of service

10  representatives and claims investigators and of adjusters who

11  are not to be self-employed, shall coincidentally with such

12  appointment or employment secure and thereafter keep on file a

13  full detailed credit and character report made by an

14  established and reputable independent reporting service,

15  relative to the individual so appointed or employed.

16         (3)  As to an applicant for an adjuster's, health care

17  risk manager's, or reinsurance intermediary's license who is

18  to be self-employed, the department may secure, at the cost of

19  the applicant, a full detailed credit and character report

20  made by an established and reputable independent reporting

21  service relative to the applicant.

22         Section 25.  Subsections (1) and (2) of section

23  626.541, Florida Statutes, are amended to read:

24         626.541  Firm, corporate, and business names; officers;

25  associates; notice of changes.--

26         (1)  Any licensed agent or adjuster doing business

27  under a firm or corporate name or under any business name

28  other than his or her own individual name shall annually on or

29  before January 1 file with the department, on forms furnished

30  by it, a written statement of the firm, corporate, or business

31  name being so used, the address of any office or offices or

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  1  places of business making use of such name, and the name and

  2  social security number of each officer and director and the

  3  president of the corporation and of each individual associated

  4  in such firm or corporation as to the insurance transactions

  5  thereof or in the use of such business name.

  6         (2)  In the event of any change of such name, or of any

  7  of the officers and such directors or president, or of any of

  8  such addresses, or in the personnel so associated, written

  9  notice of such change shall be filed with the department

10  within 60 days by or on behalf of those licensees terminating

11  any such firm, corporate, or business name or continuing to

12  operate thereunder.

13         Section 26.  Subsections (1) and (3) of section

14  626.561, Florida Statutes, are amended to read:

15         626.561  Reporting and accounting for funds.--

16         (1)  All premiums, return premiums, or other funds

17  belonging to insurers or others received by an agent, customer

18  representative, solicitor, or adjuster in transactions under

19  his or her license are shall be trust funds so received by the

20  licensee in a fiduciary capacity. An agent shall keep the

21  funds belonging to each insurer for which he or she is not

22  appointed, other than a surplus lines insurer, in a separate

23  account so as to allow the department to properly audit such

24  funds. The licensee in the applicable regular course of

25  business shall account for and pay the same to the insurer,

26  insured, or other person entitled thereto.

27         (3)  Any agent, customer representative, solicitor, or

28  adjuster who, not being lawfully entitled thereto, either

29  temporarily or permanently diverts or misappropriates

30  appropriates such funds or any portion thereof to his or her

31

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  1  own use or deprives the other person of a benefit therefrom

  2  commits the offense specified below:

  3         (a)  If the funds diverted or misappropriated

  4  appropriated to his or her own use are $300 or less, a

  5  misdemeanor of the first degree, punishable as provided in s.

  6  775.082 or s. 775.083.

  7         (b)  If the funds diverted or misappropriated

  8  appropriated to his or her own use are more than $300, but

  9  less than $20,000, a felony of the third degree, punishable as

10  provided in s. 775.082, s. 775.083, or s. 775.084.

11         (c)  If the funds diverted or misappropriated

12  appropriated to his or her own use are $20,000 or more, but

13  less than $100,000, a felony of the second degree, punishable

14  as provided in s. 775.082, s. 775.083, or s. 775.084.

15         (d)  If the funds diverted or misappropriated

16  appropriated to his or her own use are $100,000 or more, a

17  felony of the first degree, punishable as provided in s.

18  775.082, s. 775.083, or s. 775.084.

19         Section 27.  Subsections (1), (2), (4), and (7) of

20  section 626.592, Florida Statutes, are amended to read:

21         626.592  Primary agents.--

22         (1)  On or before January 1, 1990, and annually

23  thereafter, Each person operating an insurance agency and each

24  location of a multiple location agency shall designate a

25  primary agent for each insurance agency location and shall

26  file the name of the person so designated, and the address of

27  the insurance agency location where he or she is primary

28  agent, with the Department of Insurance, on a form approved by

29  the department.  The designation of the primary agent may be

30  changed at the option of the agency and any change shall be

31  effective upon notification to the department. Notice of

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  1  change must be sent to the department within 30 days after

  2  such change.

  3         (2)  For the purpose of this section, a "primary agent"

  4  is the licensed agent who is responsible for the hiring and

  5  supervision of all individuals within an insurance agency

  6  location whether such individuals who deal with the public in

  7  the solicitation or negotiation of insurance contracts or in

  8  the collection or accounting of moneys from the general

  9  public. An agent may be designated as primary agent for only

10  one insurance agency location.

11         (4)  The department may suspend or revoke the license

12  of the primary agent if the an insurance agency employs any

13  person who has had a license denied or any person whose

14  license is currently suspended or revoked.  However, when a

15  person has been denied a license for failure to pass a

16  required examination, he or she may be employed to perform

17  clerical or administrative functions for which licensure is

18  not required.

19         (7)  An No insurance agency location may not shall

20  conduct the business of insurance unless a primary agent is

21  designated at all times. Failure to designate a primary agent,

22  on a form prescribed by the department, within 30 days after

23  agency inception or change of primary agent designation,

24  constitutes as required under this section shall constitute

25  grounds for requiring that the agency obtain a license in

26  accordance with ss. 626.112 and 626.172.

27         Section 28.  Subsection (1) of section 626.601, Florida

28  Statutes, is amended to read:

29         626.601  Improper conduct; inquiry; fingerprinting.--

30         (1)  The department may, upon its own motion, and

31  shall, upon a written complaint signed by any interested

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  1  person and filed with the department, inquire into any alleged

  2  improper conduct of any licensed agent, solicitor, adjuster,

  3  service representative, managing general agent, or claims

  4  investigator, title insurance agent, or title insurance agency

  5  under this code. The department may thereafter initiate an

  6  investigation of any such licensee if it has reasonable cause

  7  to believe that the licensee has violated any provision of the

  8  insurance code. During the course of its investigation, the

  9  department shall contact the licensee being investigated

10  unless it determines that contacting such person could

11  jeopardize the successful completion of the investigation or

12  cause injury to the public.

13         Section 29.  Section 626.611, Florida Statutes, is

14  amended to read:

15         626.611  Grounds for compulsory refusal, suspension, or

16  revocation of agent's, title agency's, solicitor's,

17  adjuster's, customer representative's, service

18  representative's, or managing general agent's, or claims

19  investigator's license or appointment.--The department shall

20  deny an application for, suspend, revoke, or refuse to renew

21  or continue the license or appointment of any applicant,

22  agent, title agency, solicitor, adjuster, customer

23  representative, service representative, or managing general

24  agent, or claims investigator, and it shall suspend or revoke

25  the eligibility to hold a license or appointment of any such

26  person, if it finds that as to the applicant, licensee, or

27  appointee any one or more of the following applicable grounds

28  exist:

29         (1)  Lack of one or more of the qualifications for the

30  license or appointment as specified in this code.

31

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  1         (2)  Material misstatement, misrepresentation, or fraud

  2  in obtaining the license or appointment or in attempting to

  3  obtain the license or appointment.

  4         (3)  Failure to pass to the satisfaction of the

  5  department any examination required under this code.

  6         (4)  If the license or appointment is willfully used,

  7  or to be used, to circumvent any of the requirements or

  8  prohibitions of this code.

  9         (5)  Willful misrepresentation of any insurance policy

10  or annuity contract or willful deception with regard to any

11  such policy or contract, done either in person or by any form

12  of dissemination of information or advertising.

13         (6)  If, as an adjuster, claims investigator, or agent

14  licensed and appointed to adjust claims under this code, he or

15  she has materially misrepresented to an insured or other

16  interested party the terms and coverage of an insurance

17  contract with intent and for the purpose of effecting

18  settlement of claim for loss or damage or benefit under such

19  contract on less favorable terms than those provided in and

20  contemplated by the contract.

21         (7)  Demonstrated lack of fitness or trustworthiness to

22  engage in the business of insurance.

23         (8)  Demonstrated lack of reasonably adequate knowledge

24  and technical competence to engage in the transactions

25  authorized by the license or appointment.

26         (9)  Fraudulent or dishonest practices in the conduct

27  of business under the license or appointment.

28         (10)  Misappropriation, conversion, or unlawful

29  withholding of moneys belonging to insurers or insureds or

30  beneficiaries or to others and received in conduct of business

31  under the license or appointment.

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  1         (11)  Unlawfully rebating, attempting to unlawfully

  2  rebate, or unlawfully dividing or offering to divide his or

  3  her commission with another.

  4         (12)  Having obtained or attempted to obtain, or having

  5  used or using, a license or appointment as agent, customer

  6  representative, or solicitor for the purpose of soliciting or

  7  handling "controlled business" as defined in s. 626.730 with

  8  respect to general lines agents, s. 626.784 with respect to

  9  life agents, and s. 626.830 with respect to health agents.

10         (13)  Willful failure to comply with, or willful

11  violation of, any proper order or rule of the department or

12  willful violation of any provision of this code.

13         (14)  Having been found guilty of or having pleaded

14  guilty or nolo contendere to a felony or a crime punishable by

15  imprisonment of 1 year or more under the law of the United

16  States of America or of any state thereof or under the law of

17  any other country which involves moral turpitude, without

18  regard to whether a judgment of conviction has been entered by

19  the court having jurisdiction of such cases.

20         (15)  Fraudulent or dishonest practice in submitting or

21  aiding or abetting any person in the submission of an

22  application for workers' compensation coverage under chapter

23  440 containing false or misleading information as to employee

24  payroll or classification for the purpose of avoiding or

25  reducing the amount of premium due for such coverage.

26         Section 30.  Section 626.621, Florida Statutes, is

27  amended to read:

28         626.621  Grounds for discretionary refusal, suspension,

29  or revocation of agent's, solicitor's, adjuster's, customer

30  representative's, service representative's, or managing

31  general agent's, or claims investigator's license or

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  1  appointment.--The department may, in its discretion, deny an

  2  application for, suspend, revoke, or refuse to renew or

  3  continue the license or appointment of any applicant, agent,

  4  solicitor, adjuster, customer representative, service

  5  representative, or managing general agent, or claims

  6  investigator, and it may suspend or revoke the eligibility to

  7  hold a license or appointment of any such person, if it finds

  8  that as to the applicant, licensee, or appointee any one or

  9  more of the following applicable grounds exist under

10  circumstances for which such denial, suspension, revocation,

11  or refusal is not mandatory under s. 626.611:

12         (1)  Any cause for which issuance of the license or

13  appointment could have been refused had it then existed and

14  been known to the department.

15         (2)  Violation of any provision of this code or of any

16  other law applicable to the business of insurance in the

17  course of dealing under the license or appointment.

18         (3)  Violation of any lawful order or rule of the

19  department.

20         (4)  Failure or refusal, upon demand, to pay over to

21  any insurer he or she represents or has represented any money

22  coming into his or her hands belonging to the insurer.

23         (5)  Violation of the provision against twisting, as

24  defined in s. 626.9541(1)(l).

25         (6)  In the conduct of business under the license or

26  appointment, engaging in unfair methods of competition or in

27  unfair or deceptive acts or practices, as prohibited under

28  part X of this chapter, or having otherwise shown himself or

29  herself to be a source of injury or loss to the public or

30  detrimental to the public interest.

31

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  1         (7)  Willful overinsurance of any property or health

  2  insurance risk.

  3         (8)  Having been found guilty of or having pleaded

  4  guilty or nolo contendere to a felony or a crime punishable by

  5  imprisonment of 1 year or more under the law of the United

  6  States of America or of any state thereof or under the law of

  7  any other country, without regard to whether a judgment of

  8  conviction has been entered by the court having jurisdiction

  9  of such cases.

10         (9)  If a life agent, violation of the code of ethics.

11         (10)  Cheating on an examination required for licensure

12  or violating test center or examination procedures published

13  orally, in writing, or electronically at the test site by

14  authorized representatives of the examination program

15  administrator.  Communication of test center and examination

16  procedures must be clearly established and documented.

17         (11)  Failure to inform the department in writing

18  within 30 days after pleading guilty or nolo contendere to, or

19  being convicted or found guilty of, any felony or a crime

20  punishable by imprisonment of 1 year or more under the law of

21  the United States or of any state thereof, or under the law of

22  any other country without regard to whether a judgment of

23  conviction has been entered by the court having jurisdiction

24  of the case.

25         (12)  Knowingly aiding, assisting, procuring, advising,

26  or abetting any person in the violation of or to violate a

27  provision of the insurance code or any order or rule of the

28  department.

29         Section 31.  Subsections (2), (3), and (4) of section

30  626.641, Florida Statutes, are amended to read:

31         626.641  Duration of suspension or revocation.--

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  1         (2)  No person or appointee under any license or

  2  appointment revoked by the department, nor any person whose

  3  eligibility to hold same has been revoked by the department,

  4  shall have the right to apply for another license or

  5  appointment under this code within 2 years from the effective

  6  date of such revocation or, if judicial review of such

  7  revocation is sought, within 2 years from the date of final

  8  court order or decree affirming the revocation.  The

  9  department shall not, however, grant a new license or

10  appointment or reinstate eligibility to hold such license or

11  appointment if it finds that the circumstance or circumstances

12  for which the eligibility was revoked or for which the

13  previous license or appointment was revoked still exist or are

14  likely to recur; if an individual's license as agent, customer

15  representative, or solicitor or eligibility to hold same has

16  been revoked upon the ground specified in s. 626.611(12), the

17  department shall refuse to grant or issue any new license or

18  appointment so applied for.

19         (3)  If licenses as agent, customer representative, or

20  solicitor, or the eligibility to hold same, as to the same

21  individual have been revoked at two separate times, the

22  department shall not thereafter grant or issue any license

23  under this code as to such individual.

24         (4)  During the period of suspension or revocation of

25  the license or appointment, the former licensee or appointee

26  shall not engage in or attempt or profess to engage in any

27  transaction or business for which a license or appointment is

28  required under this code or directly or indirectly own,

29  control, or be employed in any manner by any insurance agent

30  or agency or adjuster or adjusting firm.

31

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  1         Section 32.  Section 626.651, Florida Statutes, is

  2  amended to read:

  3         626.651  Effect of suspension, revocation upon

  4  associated licenses and appointments and licensees and

  5  appointees.--

  6         (1)  Upon suspension, revocation, or refusal to renew

  7  or continue any one license of an agent, customer

  8  representative, or solicitor, or upon suspension or revocation

  9  of eligibility to hold a license or appointment, the

10  department shall at the same time likewise suspend or revoke

11  all other licenses, appointments, or status of eligibility

12  held by the licensee or appointee under this code.

13         (2)  In case of the suspension or revocation of license

14  and appointments of any general lines agent, or in case of

15  suspension or revocation of eligibility, the license and

16  appointments of any and all other agents who are members of

17  such agency, whether incorporated or unincorporated, and any

18  and all solicitors or customer representatives employed by

19  such agency, who knowingly are parties to the act which formed

20  the ground for the suspension or revocation may likewise be

21  suspended or revoked.

22         Section 33.  Section 626.681, Florida Statutes, is

23  amended to read:

24         626.681  Administrative fine in lieu of or in addition

25  to suspension, revocation, or refusal of license or

26  appointment.--

27         (1)  Except as to insurance agencies, if the department

28  finds that one or more grounds exist for the suspension,

29  revocation, or refusal to issue, renew, or continue any

30  license or appointment issued under this chapter, the

31  department may, in its discretion, in lieu of or in addition

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  1  to such suspension or, revocation, or in lieu of such refusal,

  2  and except on a second offense or when such suspension,

  3  revocation, or refusal is mandatory, impose upon the licensee

  4  or appointee an administrative penalty in an amount up to $500

  5  or, if the department has found willful misconduct or willful

  6  violation on the part of the licensee or appointee, up to

  7  $3,500 $2,500.  The administrative penalty may, in the

  8  discretion of the department, be augmented by an amount equal

  9  to any commissions received by or accruing to the credit of

10  the licensee or appointee in connection with any transaction

11  as to which the grounds for suspension, revocation, or refusal

12  related.

13         (2)  With respect to insurance agencies, if the

14  department finds that one or more grounds exist for the

15  suspension, revocation, or refusal to issue, renew, or

16  continue any license issued under this chapter, the department

17  may, in its discretion, in lieu of or in addition to such

18  suspension or, revocation, or in lieu of such refusal, impose

19  upon the licensee an administrative penalty in an amount not

20  to exceed $10,000 per violation.  The administrative penalty

21  may, in the discretion of the department, be augmented by an

22  amount equal to any commissions received by or accruing to the

23  credit of the licensee in connection with any transaction as

24  to which the grounds for suspension, revocation, or refusal

25  related.

26         (3)  The department may allow the licensee or appointee

27  a reasonable period, not to exceed 30 days, within which to

28  pay to the department the amount of the penalty so imposed.

29  If the licensee or appointee fails to pay the penalty in its

30  entirety to the department within the period so allowed, the

31  license, or appointments, or status of the licensee or

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  1  appointee shall stand suspended or revoked or issuance,

  2  renewal, or continuation shall be refused, as the case may be,

  3  upon expiration of such period.

  4         Section 34.  Section 626.691, Florida Statutes, is

  5  amended to read:

  6         626.691  Probation.--

  7         (1)  If the department finds that one or more grounds

  8  exist for the suspension, revocation, or refusal to renew or

  9  continue any license or appointment issued under this part,

10  the department may, in its discretion, except when an

11  administrative fine is not permissible under s. 626.681 or

12  when such suspension, revocation, or refusal is mandatory, in

13  lieu of or in addition to such suspension or, revocation, or

14  in lieu of such refusal, or in connection with any

15  administrative monetary penalty imposed under s. 626.681,

16  place the offending licensee or appointee on probation for a

17  period, not to exceed 2 years, as specified by the department

18  in its order.

19         (2)  As a condition to such probation or in connection

20  therewith, the department may specify in its order reasonable

21  terms and conditions to be fulfilled by the probationer during

22  the probation period.  If during the probation period the

23  department has good cause to believe that the probationer has

24  violated a term or condition such terms and conditions or any

25  of them, it shall suspend, revoke, or refuse to issue, renew,

26  or continue the license or appointment of the probationer, as

27  upon the original ground or grounds referred to in subsection

28  (1).

29         Section 35.  Section 626.692, Florida Statutes, is

30  created to read:

31

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  1         626.692  Restitution.--If any ground exists for the

  2  suspension, revocation, or refusal of a license or

  3  appointment, the department may, in addition to any other

  4  penalty authorized under this chapter, order the licensee to

  5  pay restitution to any person who has been deprived of money

  6  by the licensee's misappropriation, conversion, or unlawful

  7  withholding of moneys belonging to insurers, insureds,

  8  beneficiaries, or others.  In no instance shall the amount of

  9  restitution required to be paid under this section exceed the

10  amount of money misappropriated, converted, or unlawfully

11  withheld.  Nothing in this section limits or restricts a

12  person's right to seek other remedies as provided for by law.

13         Section 36.  Section 626.727, Florida Statutes, is

14  amended to read:

15         626.727  Scope of this part.--This part applies only as

16  to:

17         (1)  General lines agents, as defined in s. 626.041;

18         (2)  Solicitors, as defined in s. 626.071; and

19         (3)  Customer representatives as defined in s. 626.072;

20  and

21         (4)(3)  Service representatives, as defined in s.

22  626.081, or managing general agents, as defined in s. 626.091.

23         Section 37.  Section 626.730, Florida Statutes, is

24  amended to read:

25         626.730  Purpose of license.--

26         (1)  The purpose of a license issued under this code to

27  a general lines agent, customer representative, or solicitor

28  is to authorize and enable the licensee actively and in good

29  faith to engage in the insurance business as such an agent,

30  customer representative, or solicitor with respect to the

31  general public and to facilitate the public supervision of

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  1  such activities in the public interest, and not for the

  2  purpose of enabling the licensee to receive a rebate of

  3  premium in the form of commission or other compensation as an

  4  agent, customer representative, or solicitor or enabling the

  5  licensee to receive commissions or other compensation based

  6  upon insurance solicited or procured by or through him or her

  7  upon his or her own interests or those of other persons with

  8  whom he or she is closely associated in capacities other than

  9  that of insurance agent, customer representative, or

10  solicitor.

11         (2)  The department shall not grant, renew, continue,

12  or permit to exist any license or appointment as such agent,

13  customer representative, or solicitor as to any applicant

14  therefor or licensee or appointee thereunder if it finds that

15  the license or appointment has been, is being, or will

16  probably be used by the applicant, or licensee, or appointee

17  for the purpose of securing rebates or commissions on

18  "controlled business," that is, on insurance written on his or

19  her own interests or those of his or her family or of any

20  firm, corporation, or association with which he or she is

21  associated, directly or indirectly, or in which he or she has

22  an interest other than as to the insurance thereof.

23         Section 38.  Subsection (3) of section 626.732, Florida

24  Statutes, is amended to read:

25         626.732  Requirement as to knowledge, experience, or

26  instruction.--

27         (3)  An individual who was or became qualified to sit

28  for an agent's, customer representative's, or adjuster's

29  examination at or during the time he or she was employed by

30  the department and who, while so employed, was employed in

31  responsible insurance duties as a full-time bona fide employee

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  1  shall be permitted to take an examination if application for

  2  such examination is made within 90 days after the date of

  3  termination of his or her employment with the department.

  4         Section 39.  Section 626.733, Florida Statutes, is

  5  amended to read:

  6         626.733  Agency firms and corporations; special

  7  requirements.--If a sole proprietorship, partnership,

  8  corporation, or association holds an agency contract, all

  9  members thereof who solicit, negotiate, or effect insurance

10  contracts, and all officers and stockholders of the

11  corporation who solicit, negotiate, or effect insurance

12  contracts, are required to qualify and be licensed

13  individually as agents, solicitors, or customer

14  representatives; and all of such agents must be individually

15  appointed as to each property and casualty insurer entering

16  into an agency contract with such agency.  Each such

17  appointing insurer as soon as known to it shall comply with

18  this section and shall determine and require that each agent

19  so associated in or so connected with such agency is likewise

20  appointed as to the same such insurer and for the same type

21  and class of license.  However, no insurer is required to

22  comply with the provisions of this section if such insurer

23  satisfactorily demonstrates to the department that the insurer

24  has issued an aggregate net written premium, in an agency, in

25  an amount of $25,000 or less.

26         Section 40.  Subsection (2) of section 626.7351,

27  Florida Statutes, is amended to read:

28         626.7351  Qualifications for customer representative's

29  license.--The department shall not grant or issue a license as

30  customer representative to any individual found by it to be

31

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  1  untrustworthy or incompetent, or who does not meet each of the

  2  following qualifications:

  3         (2)(a)  The applicant is a bona fide resident of this

  4  state and will actually reside in the state at least 6 months

  5  out of the year.  An individual who is a bona fide resident of

  6  this state shall be deemed to meet the residence requirements

  7  of this subsection, notwithstanding the existence at the time

  8  of application for license of a license in his or her name on

  9  the records of another state as a resident licensee of the

10  other state, if the applicant furnishes a letter of clearance

11  satisfactory to the department that the resident licenses have

12  been canceled or changed to a nonresident basis and that he or

13  she is in good standing.

14         (b)  The applicant is a resident of another state

15  sharing a common boundary with this state and has been

16  employed in this state for a period of not less than 6 months

17  by a Florida resident general lines agent licensed and

18  appointed under this chapter.  The applicant licensed under

19  this subsection must meet all other requirements as described

20  in this chapter and must, under the direct supervision of a

21  licensed and appointed Florida resident general lines agent,

22  conduct business solely within the confines of the office of

23  the agent or agency whom he or she represents in this state.

24         Section 41.  Subsection (1) of section 626.739, Florida

25  Statutes, is amended to read:

26         626.739  Temporary license; death, disability, absence

27  of agent.--

28         (1)  The department may, in its discretion, issue a

29  temporary license authorizing appointment as a general lines

30  insurance as agent to a licensed agent's employee, family

31  member, business associate, or personal representative for the

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  1  purpose of continuing or winding up the business affairs of

  2  the agent or agency, all subject to the following conditions:

  3         (a)  The agent so being replaced must have died become

  4  deceased or become unable to perform his or her duties as

  5  agent because of military service or illness or other physical

  6  or mental disability.

  7         (b)  There must be No other person connected with the

  8  agent's business who is licensed as a general lines agent.

  9         (c)  The proposed temporary licensee is must be

10  qualified as for a regular general lines agent's license under

11  this code except as to residence, examination, education, or

12  experience.

13         (d)  Application for the temporary license has been

14  must be made by the applicant upon statements and affidavit

15  filed with the department on forms as prescribed and furnished

16  by it.

17         (e)  The temporary license must shall be issued and be

18  valid for 4 months and may shall not be renewed either to the

19  then holder of the temporary license or to any other person

20  for or on behalf of the agent or agency.

21         (f)  Under a temporary license and appointment the

22  licensee does shall not represent as agent any insurer not

23  last represented by the agent so being replaced, and is not

24  nor be licensed or appointed as to any additional kind or

25  classification of insurance than those covered by the last

26  existing agency appointments of the replaced agent, except

27  that, if during the temporary license period an insurer

28  withdraws from the agency, the temporary licensee may be

29  appointed by another like insurer only for the period

30  remaining under the temporary license.

31

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  1         (g)  The holder of a temporary license may be granted a

  2  regular agent's license upon taking and successfully

  3  completing a classroom course or correspondence course in

  4  insurance or having the insurance employment experience as

  5  prescribed in s. 626.732 and passing an examination as

  6  required by s. 626.221.

  7         Section 42.  Subsections (1) and (2) of section

  8  626.741, Florida Statutes, are amended, present subsection (5)

  9  of that section is renumbered as subsection (7), and new

10  subsections (5) and (6) are added to that section, to read:

11         626.741  Nonresident agents; licensing and

12  restrictions.--

13         (1)  The department may, upon written application and

14  the payment of the fees as specified in s. 624.501, issue a

15  license as:

16         (a)  A general lines agent to an individual who is

17  otherwise qualified therefor, but who is not a resident of

18  this state, if by the laws of the state of the individual's

19  residence, residents of this state may be licensed in like

20  manner as a nonresident agent of his state.

21         (b)  A customer representative to an individual who is

22  otherwise qualified therefor, who is not a resident of this

23  state, but who is a resident of a state that shares a common

24  boundary with this state.

25         (2)  The department shall not, however, issue any

26  license and appointment to any nonresident who has an office

27  or place of business in this state, or who has any direct or

28  indirect pecuniary interest in any insurance agent, insurance

29  agency, or in any solicitor licensed as a resident of this

30  state; nor to any individual who does not, at the time of

31  issuance and throughout the existence of the Florida license,

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  1  hold a license as agent or broker issued by the state of his

  2  or her residence; nor to any individual who is employed by any

  3  insurer as a service representative or who is a managing

  4  general agent in any state, whether or not also licensed in

  5  another state as an agent or broker.  The foregoing

  6  requirement to hold a similar license in the applicant's state

  7  of residence does not apply to customer representatives unless

  8  the home state licenses residents of that state in a like

  9  manner.  The prohibition against having an office or place of

10  business in this state does not apply to customer

11  representatives who are required to conduct business solely

12  within the confines of the office of a licensed and appointed

13  Florida resident general lines agent in this state. The

14  department shall have discretion to refuse to issue any

15  license or appointment to a nonresident when it has reason to

16  believe that the applicant by ruse or subterfuge is attempting

17  to avoid the intent and prohibitions contained in this

18  subsection or to believe that any of the grounds exist as for

19  suspension or revocation of license as set forth in ss.

20  626.611 and 626.621.

21         (5)  Any individual who holds a Florida nonresident

22  agent's license, upon becoming a resident of this state may,

23  for a period not to exceed 90 days, continue to transact

24  insurance in this state under the nonresident license and

25  appointment.  Such individual must make application for

26  resident licensure and must become licensed as a resident

27  agent within 90 days of becoming a resident of this state.

28         (6)  Upon becoming a resident of this state, an

29  individual who holds a Florida nonresident agent's license is

30  no longer eligible for licensure as a nonresident agent if

31  such individual fails to make application for a resident

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  1  license and become licensed as a resident agent within 90

  2  days.  His license and any appointments shall be canceled

  3  immediately.  He may apply for a resident license pursuant to

  4  s. 626.731.

  5         (7)(5)  Except as provided in this section and ss.

  6  626.742 and 626.743, nonresident agents shall be subject to

  7  the same requirements as apply to agents resident in this

  8  state.

  9         Section 43.  Present subsection (7) of section 626.792,

10  Florida Statutes, is renumbered as subsection (8) and amended,

11  and a new subsection (7) is added to that section, to read:

12         626.792  Nonresident agents.--

13         (7)  Any individual who holds a Florida nonresident

14  agent's license, upon becoming a resident of this state may,

15  for a period not to exceed 90 days, continue to transact

16  insurance in this state under the nonresident license and

17  appointment.  Such individual must make application for

18  resident licensure and must become licensed as a resident

19  agent within 90 days after becoming a resident of this state.

20         (8)(7)  Upon becoming a resident of this state, an

21  individual who holds a Florida nonresident agent's license is

22  no longer eligible for licensure as a nonresident agent if

23  such individual fails to make application for a resident

24  license and become licensed as a resident agent within 90

25  days. and His license and any appointments shall be canceled

26  immediately.  He may apply for a resident license pursuant to

27  s. 626.785.

28         Section 44.  Present subsection (7) of section 626.835,

29  Florida Statutes, is renumbered as subsection (8) and amended,

30  and a new subsection (7) is added to that section, to read:

31         626.835  Nonresident agents.--

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  1         (7)  Any individual who holds a Florida nonresident

  2  agent's license, upon becoming a resident of this state may,

  3  for a period not to exceed 90 days, continue to transact

  4  insurance in this state under the nonresident license and

  5  appointment.  Such individual must make application for

  6  resident licensure and must become licensed as a resident

  7  agent within 90 days of becoming a resident of this state.

  8         (8)(7)  Upon becoming a resident of this state, an

  9  individual who holds a Florida nonresident agent's license is

10  no longer eligible for licensure as a nonresident agent if

11  such individual fails to make application for a resident

12  license and become licensed as a resident agent within 90

13  days. and His or her license and any appointments shall be

14  canceled immediately.  The individual may apply for a resident

15  license pursuant to s. 626.831.

16         Section 45.  Subsection (1) of section 626.837, Florida

17  Statutes, is amended to read:

18         626.837  Excess or rejected business.--

19         (1)  A licensed health agent may place excess or

20  rejected risks within the class of business for which he or

21  she is licensed and appointed, and which the insurer

22  appointing the agent is authorized to transact, with any other

23  authorized insurer without being required to secure an

24  appointment as to such other insurer, but subject to the

25  agent's agreement with the insurer appointing licensing him or

26  her.

27         Section 46.  Paragraph (a) of subsection (2) of section

28  626.8411, Florida Statutes, is amended to read:

29         626.8411  Application of Florida Insurance Code

30  provisions to title insurance agents or agencies.--

31

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  1         (2)  The following provisions of part I do not apply to

  2  title insurance agents or title insurance agencies:

  3         (a)  Section 626.112(7)(8), relating to licensing of

  4  insurance agencies.

  5         Section 47.  Paragraph (a) of subsection (3) of section

  6  626.8417, Florida Statutes, is amended to read:

  7         626.8417  Title insurance agent's license; application

  8  and qualification; errors and omissions insurance; bond and

  9  deposit requirements; exemptions.--

10         (3)  The department shall not grant or issue a license

11  as title agent to any individual found by it to be

12  untrustworthy or incompetent, who does not meet the

13  qualifications for examination specified in s. 626.8414, or

14  who does not meet the following qualifications:

15         (a)  Within the 4 years immediately preceding the date

16  of the application for license, the applicant must have

17  completed a 40-hour classroom course in title insurance, as

18  approved by the department, or must have had at least 12

19  months of experience in responsible title insurance duties,

20  while working in the title insurance business as a

21  substantially full-time, bona fide employee of a title agency,

22  title agent, or title insurer, or attorney who conducts real

23  estate closing transactions and issues title insurance

24  policies but who is exempt from licensure pursuant to

25  paragraph (4)(a).  If an applicant's qualifications are based

26  upon the periods of employment at responsible title insurance

27  duties, the applicant must submit, with the application for

28  license on a form prescribed by the department, the affidavit

29  of the applicant and of the employer setting forth the period

30  of such employment, that the employment was substantially full

31

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  1  time, and giving a brief abstract of the nature of the duties

  2  performed by the applicant.

  3         Section 48.  Subsection (2) of section 626.8418,

  4  Florida Statutes, is amended to read:

  5         626.8418  Application for title insurance agency

  6  license.--Prior to doing business in this state as a title

  7  insurance agency, a title insurance agency must meet all of

  8  the following requirements:

  9         (2)  The applicant must have deposited with the

10  department securities of the type eligible for deposit under

11  s. 625.52 and having at all times a market value of not less

12  than $35,000.  In place of such deposit, the title insurance

13  agency may post a surety bond of like amount payable to the

14  department for the benefit of any appointing insurer damaged

15  by a violation by the title insurance agency of its contract

16  with the appointing insurer.  If a properly documented claim

17  on the bond is timely filed with the department by a damaged

18  title insurer or insured, the department may shall remit an

19  appropriate amount of the deposit or the proceeds that are

20  received from the surety in payment of the claim damaged

21  insurer making claim on the bond.  The required deposit or

22  bond must be made by the title insurance agency, and a title

23  insurer may not provide the deposit or bond directly or

24  indirectly on behalf of the title insurance agency.  The

25  deposit or bond must secure the performance by the title

26  insurance agency of its duties and responsibilities under the

27  issuing agency contracts with each title insurer underwriter

28  for which it is appointed.  The agency may exchange or

29  substitute other securities of like quality and value for

30  securities on deposit, may receive the interest and other

31  income accruing on such securities, and may inspect the

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  1  deposit at all reasonable times.  Such deposit or bond must

  2  remain unimpaired as long as the title insurance agency

  3  continues in business in this state and until 1 year after

  4  termination of all title insurance agency appointments

  5  licenses held by the title insurance agency. The title

  6  insurance agency is entitled to the return of the deposit or

  7  bond together with accrued interest after such year has

  8  passed, if no claim has been made against the deposit or bond.

  9  If a surety bond is unavailable generally, the department may

10  adopt rules for alternative methods to comply with this

11  subsection. With respect to such alternative methods for

12  compliance, the department must be guided by the past business

13  performance and good reputation and character of the proposed

14  title insurance agency. A surety bond is deemed to be

15  unavailable generally if the prevailing annual premium exceeds

16  25 percent of the principal amount of the bond.

17         Section 49.  Section 626.8437, Florida Statutes, is

18  amended to read:

19         626.8437  Grounds for compulsory refusal, suspension,

20  or revocation of license or appointment.--The department shall

21  deny, suspend, revoke, or refuse to renew or continue the

22  license or appointment of any title insurance agent or agency,

23  and it shall suspend or revoke the eligibility to hold a

24  license or appointment of such person, if it finds that as to

25  the applicant, licensee, appointee, or any principal thereof,

26  any one or more of the following grounds exist:

27         (1)  Lack of one or more of the qualifications for the

28  license or appointment as specified in ss. s. 626.8417,

29  626.8418, and 626.8419.

30

31

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  1         (2)  Material misstatement, misrepresentation, or fraud

  2  in obtaining, or attempting to obtain, the license or

  3  appointment.

  4         (3)  Willful misrepresentation of any title insurance

  5  policy, guarantee of title, binder, or commitment, or willful

  6  deception with regard to any such policy, guarantee, binder,

  7  or commitment, done either in person or by any form of

  8  dissemination of information or advertising.

  9         (4)  Demonstrated lack of fitness or trustworthiness to

10  represent a title insurer in the issuance of its commitments,

11  binders, policies of title insurance, or guarantees of title.

12         (5)  Demonstrated lack of reasonably adequate knowledge

13  and technical competence to engage in the transactions

14  authorized by the license or appointment.

15         (6)  Fraudulent or dishonest practices in the conduct

16  of business under the license or appointment.

17         (7)  Misappropriation, conversion, or unlawful

18  withholding of moneys belonging to title insurers or insureds

19  or others and received in conduct of business under the

20  license or appointment.

21         (8)  Unlawful rebating, or attempting to unlawfully

22  rebate, or unlawfully dividing, or offering to unlawfully

23  divide, title insurance premiums, fees, or charges with

24  another, as prohibited by s. 626.9541(1)(h)3.

25         (9)  Willful failure to comply with, or willful

26  violation of, any proper order or rule of the department or

27  willful violation of any provision of this act.

28         (10)  The licensee if an individual, or the partners if

29  a partnership, or owner if a sole proprietorship, or the

30  officers if a corporation, having been found guilty of or

31  having pleaded guilty or nolo contendere to a felony or a

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  1  crime punishable by imprisonment of 1 year or more under the

  2  law of the United States or of any state or under the law of

  3  any other country which involves moral turpitude, without

  4  regard to whether a judgment of conviction has been entered by

  5  the court having jurisdiction of such cases.

  6         Section 50.  Section 626.844, Florida Statutes, is

  7  amended to read:

  8         626.844  Grounds for discretionary refusal, suspension,

  9  or revocation of license or appointment.--The department may,

10  in its discretion, deny, suspend, revoke, or refuse to renew

11  or continue the license or appointment of any title insurance

12  agent or agency, and it may suspend or revoke the eligibility

13  to hold a license or appointment of any such title insurance

14  agent or agency person if it finds that as to the applicant or

15  licensee or appointee, or any principal thereof, any one or

16  more of the following grounds exist under circumstances for

17  which such denial, suspension, revocation, or refusal is not

18  mandatory under s. 626.8437:

19         (1)  Any cause for which issuance of the license or

20  appointment could have been refused had it then existed and

21  been known to the department.

22         (2)  Violation of any provision of this act in the

23  course of dealing under the license or appointment.

24         (3)  Violation of any lawful order or rule of the

25  department.

26         (4)  Failure or refusal upon demand to pay over to any

27  title insurer that the appointee represents or has represented

28  any money coming into the hands of such appointee and

29  belonging to the title insurer.

30         (5)  Engaging in unfair methods of competition or in

31  unfair or deceptive acts or practices in the conduct of

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  1  business, as prohibited under part X of this chapter, or

  2  having otherwise shown himself or herself to be a source of

  3  injury or loss to the public or to be detrimental to the

  4  public interest.

  5         (6)  The licensee if an individual, or the partners if

  6  a partnership, or owner if a sole proprietorship, or the

  7  officers if a corporation, having been found guilty of or

  8  having pleaded guilty or nolo contendere to a felony or a

  9  crime punishable by imprisonment of 1 year or more under the

10  law of the United States or of any state or under the law of

11  any other country, without regard to whether a judgment of

12  conviction has been entered by the court having jurisdiction

13  of such cases.

14         Section 51.  Subsections (1), (3), and (4) of section

15  626.8443, Florida Statutes, are amended to read:

16         626.8443  Duration of suspension or revocation.--

17         (1)  The department shall, in its order suspending a

18  title insurance agent's or agency's license or appointment or

19  in its order suspending the eligibility of a person to hold or

20  apply for such license or appointment, specify the period

21  during which the suspension is to be in effect, but such

22  period shall not exceed 1 year.  The license, or appointment,

23  or eligibility shall remain suspended during the period so

24  specified, subject, however, to any rescission or modification

25  of the order by the department, or modification or reversal

26  thereof by the court, prior to expiration of the suspension

27  period.  A license, and appointment, or eligibility which has

28  been suspended may not be reinstated except upon request for

29  such reinstatement, but the department shall not grant such

30  reinstatement if it finds that the circumstance or

31

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  1  circumstances for which the license, appointment, and

  2  eligibility was suspended still exist or are likely to recur.

  3         (3)  If licenses of any person as a title insurance

  4  agent or agency has have been revoked twice, the department

  5  shall not thereafter grant or issue a title insurance agent's

  6  or agency's license to such person.

  7         (4)  During the period of suspension or after

  8  revocation of the license and appointment, the former licensee

  9  shall not engage in or attempt to profess to engage in any

10  transaction or business for which a license or appointment is

11  required under this code or directly or indirectly own,

12  control, or be employed in any manner by any insurance agent

13  or agency or adjuster or adjusting firm act.

14         Section 52.  Subsections (1) and (2) of section

15  626.852, Florida Statutes, are amended to read:

16         626.852  Scope of this part.--

17         (1)  This part applies only as to insurance adjusters

18  and claims investigators as defined hereinafter in this part

19  defined.

20         (2)  Unless otherwise required by context, the term

21  "adjusters" as used in this part applies to all licensees

22  defined herein as any type of adjuster or as a claims

23  investigator.

24         Section 53.  Subsection (5) of section 626.869, Florida

25  Statutes, is amended to read:

26         626.869  License, adjusters.--

27         (5)  Any person holding a license for 24 consecutive

28  months or longer and appointment and who engages in adjusting

29  workers' compensation insurance must, beginning in their birth

30  month in 1993 and every 2 years thereafter, have completed 24

31  hours of courses, 2 hours of which relate to ethics, in

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  1  subjects shall certify to the department every 2 years, at

  2  least 90 days prior to the renewal date of his or her

  3  appointment, the fact that the licensee has completed a course

  4  of instruction designed to inform the licensee regarding as to

  5  the current workers' compensation laws of this state, so as to

  6  enable him or her to engage in such business as a workers'

  7  compensation insurance adjuster fairly and without injury to

  8  the public and to adjust all claims in accordance with the

  9  policy or contract and the workers' compensation laws of this

10  state.  In order to qualify as an eligible course under this

11  subsection, the course must shall:

12         (a)  Have a Consist of 24 hours of classroom

13  instruction in the workers' compensation laws and practices of

14  this state, 2 hours of which shall relate to ethics, with the

15  course outline approved by the department.  It is not required

16  that the 24 hours of classroom instruction take place in one

17  course.

18         (b)  Be taught at a school training facility or other

19  location approved by the department.

20         (c)  Be taught by instructors with at least 5 years of

21  experience in the area of workers' compensation, general lines

22  of insurance, or other persons approved by the department.

23  However, a member of The Florida Bar is shall be exempt from

24  the 5 years' experience requirement.

25         (d)  Furnish the attendee a certificate of completion.

26  The sponsor of the course provider shall send a roster copy of

27  the certificate of completion to the department in a format

28  prescribed by the department.

29         Section 54.  Section 626.8695, Florida Statutes, is

30  amended to read:

31         626.8695  Primary adjuster.--

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  1         (1)  On or before January 1, 1993, and annually

  2  thereafter, Each person operating an adjusting firm and each

  3  location of a multiple location adjusting firm must designate

  4  a primary adjuster for each such firm or location and must

  5  file with the department the name of such primary adjuster and

  6  the address of the firm or location where he or she is the

  7  primary adjuster, on a form approved by the department.  The

  8  designation of the primary adjuster may be changed at the

  9  option of the adjusting firm.  Any such change is effective

10  upon notification to the department. Notice of change must be

11  sent to the department within 30 days after such change.

12         (2)(a)  For purposes of this section, a "primary

13  adjuster" is the licensed adjuster who is responsible for the

14  hiring and supervision of all individuals within an adjusting

15  firm location who deal with the public and who acts in the

16  capacity of a public adjuster as defined in s. 626.854, or an

17  independent adjuster as defined in s. 626.855.  An adjuster

18  may be designated as a primary adjuster for only one adjusting

19  firm location.

20         (b)  For purposes of this section, an "adjusting firm"

21  is a location where an independent or public adjuster is

22  engaged in the business of insurance.

23         (3)  The department may suspend or revoke the license

24  of the primary adjuster if the an adjusting firm employs any

25  person who has had a license denied or any person whose

26  license is currently suspended or revoked.  However, if a

27  person has been denied a license for failure to pass a

28  required examination, he or she may be employed to perform

29  clerical or administrative functions for which licensure is

30  not required.

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  1         (4)  The primary adjuster in an unincorporated

  2  adjusting firm, or the primary adjuster in an incorporated

  3  adjusting firm in which no officer, director, or stockholder

  4  is an adjuster, is responsible and accountable for the acts of

  5  salaried employees under his or her direct supervision and

  6  control while acting on behalf of the adjusting firm.  Nothing

  7  in this section renders any person criminally liable or

  8  subject to any disciplinary proceedings for any act unless the

  9  person personally committed or knew or should have known of

10  the act and of the facts constituting a violation of this

11  code.

12         (5)  The department may suspend or revoke the license

13  of any adjuster who is employed by a person whose license is

14  currently suspended or revoked.

15         (6)  An No adjusting firm location may not conduct the

16  business of insurance unless a primary adjuster is designated.

17  Failure of the person operating the adjusting firm to

18  designate a primary adjuster for the firm, or for each

19  location, as applicable, on a form prescribed by the

20  department within 30 days after inception of the firm or

21  change of primary adjuster designation, constitutes grounds

22  for requiring the adjusting firm to obtain an adjusting firm

23  license pursuant to s. 626.8696.

24         (7)  Any adjusting firm may request, on a form

25  prescribed by the department, verification from the department

26  of any person's current licensure status.  If a request is

27  mailed to the department within 5 working days after the date

28  an adjuster is hired, and the department subsequently notifies

29  the adjusting firm that an employee's license is currently

30  suspended, revoked, or has been denied, the license of the

31  primary adjuster shall not be revoked or suspended if the

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  1  unlicensed person is immediately dismissed from employment as

  2  an adjuster with the firm.

  3         Section 55.  Subsection (5) is added to section

  4  626.872, Florida Statutes, to read:

  5         626.872  Temporary license.--

  6         (5)  The department shall not issue a temporary license

  7  as an independent adjuster or as a company employee adjuster

  8  to any individual who has ever held such a license in this

  9  state.

10         Section 56.  Section 626.873, Florida Statutes, is

11  amended to read:

12         626.873  Nonresident adjusters.--

13         (1)  The department shall, upon application therefor,

14  issue a license to an applicant for a nonresident adjuster's

15  license upon determining that the applicant has paid the

16  applicable license fees required under s. 624.501 and:

17         (a)(1)  Is a currently licensed insurance adjuster in

18  his or her home state, if such state requires a license.

19         (b)(2)  Is an employee of an insurer admitted to do

20  business in this state.

21         (c)(3)  Does not maintain an office in this state for

22  the purpose of adjusting losses in this state.

23         (d)(4)  Has filed a certificate or letter of

24  authorization from the insurance department of his or her home

25  state, if such state requires an adjuster to be licensed,

26  stating that he or she holds a current license or

27  authorization to adjust insurance losses.  Such certificate or

28  authorization must be signed by the insurance commissioner, or

29  his or her deputy, of the adjuster's home state and must

30  reflect whether or not the adjuster has ever had his or her

31  license or authorization in the adjuster's home state

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  1  suspended or revoked and, if such is the case, the reason for

  2  such action.

  3         (2)  Any individual who holds a Florida nonresident

  4  adjuster's license, upon becoming a resident of this state

  5  may, for a period not to exceed 90 days, continue to adjust

  6  claims in this state under his or her nonresident license and

  7  appointment. Such individual must make application for

  8  resident licensure and must become licensed as a resident

  9  adjuster within 90 days of becoming a resident of this state.

10         (3)  Upon becoming a resident of this state, an

11  individual who holds a Florida nonresident adjuster's license

12  is no longer eligible for licensure as a nonresident adjuster

13  if such individual fails to make application for a resident

14  license and become licensed as a resident adjuster within 90

15  days.  Such individual may apply for a resident license

16  pursuant to s. 626.865, s. 626.866, or s. 626.867.

17         Section 57.  Subsection (2) of section 626.875, Florida

18  Statutes, is amended to read:

19         626.875  Office and records.--

20         (2)  The records of the adjuster relating to a

21  particular claim or loss shall be so retained in the

22  adjuster's place of business for a period of not less than 3

23  years 1 year after completion of the adjustment.  This

24  provision shall not be deemed to prohibit return or delivery

25  to the insurer or insured of documents furnished to or

26  prepared by the adjuster and required by the insurer or

27  insured to be returned or delivered thereto.

28         Section 58.  Section 626.877, Florida Statutes, is

29  amended to read:

30         626.877  Adjustments to comply with insurance contract

31  and law.--Every adjuster and claims investigator shall adjust

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  1  or investigate every claim, damage, or loss made or occurring

  2  under an insurance contract, in accordance with the terms and

  3  conditions of the contract and of the applicable laws of this

  4  state.

  5         Section 59.  Paragraph (a) of subsection (1) of section

  6  626.916, Florida Statutes, is amended to read:

  7         626.916  Eligibility for export.--

  8         (1)  No insurance coverage shall be eligible for export

  9  unless it meets all of the following conditions:

10         (a)  The full amount of insurance required must not be

11  procurable, after a diligent effort has been made by the

12  producing agent to do so, from among the insurers authorized

13  to transact and actually writing that kind and class of

14  insurance in this state, and the amount of insurance exported

15  shall be only the excess over the amount so procurable from

16  authorized insurers. Surplus lines agents must verify that a

17  diligent effort has been made by requiring a properly

18  documented statement of diligent effort from the retail or

19  producing agent.  However, to be in compliance with the

20  diligent effort requirement, the surplus lines agent's

21  reliance must be reasonable under the particular circumstances

22  surrounding the export of that particular risk. Reasonableness

23  shall be assessed by taking into account factors which

24  include, but are not limited to, a regularly conducted program

25  of verification of the information provided by the retail or

26  producing agent. Declinations must be documented on a

27  risk-by-risk basis. The surplus lines agent must provide a

28  copy of the producing agent's statement of diligent effort to

29  the surplus lines insurer. If it is not possible to obtain the

30  full amount of insurance required by layering the risk, it is

31  permissible to export the full amount.

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  1         Section 60.  Subsection (1) of section 626.922, Florida

  2  Statutes, is amended to read:

  3         626.922  Evidence of the insurance; changes; penalty.--

  4         (1)  Upon placing a surplus lines coverage, the surplus

  5  lines agent shall promptly issue and deliver to the insured

  6  evidence of the insurance consisting either of the policy as

  7  issued by the insurer or, if such policy is not then

  8  available, a certificate, cover note, or other confirmation of

  9  insurance.  Such document shall be executed or countersigned

10  by the surplus lines agent and shall show the description and

11  location of the subject of the insurance; coverage,

12  conditions, and term of the insurance; the premium and rate

13  charged and taxes collected from the insured; and the name and

14  address of the insured and insurer.  If the direct risk is

15  assumed by more than one insurer, the document shall state the

16  name and address and proportion of the entire direct risk

17  assumed by each insurer. A surplus lines agent may not

18  delegate the duty to issue any such document to producing

19  general lines agents without prior written authority from the

20  surplus lines insurer. A general lines agent may issue any

21  such document only if the agent possesses a surplus lines

22  agent license or has prior written authority from the surplus

23  lines agent. The surplus lines agent must maintain copies of

24  the authorization from the surplus lines insurer and the

25  delegation to the producing general lines agent. The producing

26  agent must maintain copies of the written delegation from the

27  surplus lines agent and copies of any evidence of coverage or

28  certificate of insurance which the producing agent issues or

29  delivers. Any evidence of coverage issued by a producing agent

30  pursuant to this section must include the name and address of

31  the authorizing surplus lines agent.

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  1         Section 61.  Section 626.928, Florida Statutes, is

  2  amended to read:

  3         626.928  Surplus lines agent's bond.--Prior to issuance

  4  of license, the applicant shall file with the department, and

  5  thereafter for as long as any such license remains in effect,

  6  shall keep in force and unimpaired, a bond in favor of the

  7  department in the penal sum of not less than $50,000 $5,000,

  8  aggregate liability, with authorized corporate surety or

  9  sureties approved by the department.  The department may, in

10  its discretion, require a bond in a larger amount commensurate

11  with the volume of surplus lines business transacted or to be

12  transacted by a particular surplus lines agent.  The bond

13  shall be conditioned that the surplus lines agent will

14  faithfully conduct business under the license in accordance

15  with the provisions of the Surplus Lines Law and rules and

16  regulations of the department for the effectuation thereof and

17  that the licensee will promptly remit to the department the

18  taxes as provided for by such law.  No such bond shall be

19  terminated unless not less than 30 days' prior written notice

20  thereof is given the licensee and filed with the department.

21         Section 62.  Subsections (4) and (7) of section

22  626.927, Florida Statutes, are amended to read:

23         626.927  Licensing of surplus lines agent.--

24         (4)  License and appointment fees in the amount

25  specified in s. 624.501 shall be paid to the department in

26  advance. The license and appointment of a surplus lines agent

27  continue in force until suspended, revoked, or otherwise

28  terminated.  The appointment of a surplus lines agent

29  continues in force until suspended, revoked, or terminated,

30  but is subject to biennial renewal or continuation by the

31

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  1  licensee in accordance with procedures prescribed in s.

  2  626.381 for agents in general.

  3         (7)  Any individual who has been licensed by the

  4  department as a surplus lines agent as provided in this

  5  section may be subsequently appointed licensed without

  6  additional written examination if his or her application for

  7  appointment license is filed with the department within 24

  8  months next following the date of cancellation or expiration

  9  of the prior appointment license.  The department may, in its

10  discretion, require any individual to take and successfully

11  pass an examination as for original issuance of license as a

12  condition precedent to the reinstatement renewal or

13  continuation of the licensee's current license or

14  reinstatement or continuation of the licensee's appointment.

15         Section 63.  Subsections (1) and (2) of section

16  626.9271, Florida Statutes, are amended to read:

17         626.9271  Temporary license; death, disability, absence

18  of surplus lines agent.--

19         (1)  The department may, in its discretion, issue a

20  temporary license and appointment as a surplus lines agent to

21  a licensed surplus lines agent's employee, family member,

22  business associate, or personal representative for the purpose

23  of continuing or winding up the business affairs of the

24  surplus lines agent or agency, all subject to the following

25  conditions:

26         (a)  The surplus lines agent being replaced must have

27  died become deceased or become unable to perform his or her

28  duties as agent because of military service or illness or

29  other physical or mental disability.

30

31

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  1         (b)  There must be no other person connected with the

  2  surplus lines agent's business who is licensed as a surplus

  3  lines agent.

  4         (c)  The proposed temporary licensee must be qualified

  5  as for a regular surplus lines agent's license under this code

  6  except as to residence, examination, education, or experience.

  7         (d)  Application for the temporary license and

  8  appointment must be made by the applicant upon statements and

  9  affidavit filed with the department on forms as prescribed and

10  furnished by it.

11         (e)  The temporary license and appointment shall be

12  issued and be valid for a period of not over 4 months, and may

13  shall not be renewed either to the then holder of the

14  temporary license or to any other person for or on behalf of

15  the surplus lines agent or agency.

16         (2)  The applicant for a temporary license and

17  appointment shall pay to the department, prior to the issuance

18  thereof, the applicable license and appointment fees fee as

19  specified therefor in s. 624.501.

20         Section 64.  Subsections (1) and (2) of section

21  626.929, Florida Statutes, are amended to read:

22         626.929  Origination, acceptance, placement of surplus

23  lines business.--

24         (1)  A resident general lines agent while licensed and

25  appointed as a surplus lines agent under this part may

26  originate surplus lines business and may accept surplus lines

27  business from any other originating Florida-licensed general

28  lines agent appointed and licensed as to the kind or kinds of

29  insurance involved and may compensate such agent therefor.

30         (2)  A managing general agent while licensed and

31  appointed as a surplus lines agent under this part may accept

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  1  and place solely such surplus lines business as is originated

  2  by a Florida-licensed general lines agent appointed and

  3  licensed as to the kind or kinds of insurance involved and may

  4  compensate such agent therefor.

  5         Section 65.  Subsections (1), (2), and (3) of section

  6  626.935, Florida Statutes, are amended to read:

  7         626.935  Suspension, revocation, or refusal of surplus

  8  lines agent's license.--

  9         (1)  The department shall deny an application for,

10  suspend, revoke, or refuse to renew the appointment license of

11  a surplus lines agent and all other licenses and appointments

12  held by the licensee under this code, upon any one or more of

13  the following grounds:

14         (a)  Removal of the licensee's office from the state.

15         (b)  Removal of the accounts and records of his or her

16  surplus lines business from this state during the period when

17  such accounts and records are required to be maintained under

18  s. 626.930.

19         (c)  Closure of the licensee's office for a period of

20  more than 30 consecutive days.

21         (d)  Failure to make and file his or her quarterly

22  reports when due as required by s. 626.931.

23         (e)  Failure to pay the tax on surplus lines premiums,

24  as provided for in this Surplus Lines Law.

25         (f)  Failure to maintain the bond as required by s.

26  626.928.

27         (g)  Suspension, revocation, or refusal to renew or

28  continue the license or appointment as a general lines agent,

29  service representative, or managing general agent.

30         (h)  Lack of qualifications as for an original surplus

31  lines agent's license.

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  1         (i)  Violation of this Surplus Lines Law.

  2         (j)  For any other applicable cause for which the

  3  license of a general lines agent could be suspended, revoked,

  4  or refused under s. 626.611.

  5         (2)  The department may, in its discretion, deny an

  6  application for, suspend, revoke, or refuse to renew the

  7  license or appointment of any surplus lines agent upon any

  8  applicable ground for which a general lines agent's license

  9  could be suspended, revoked, or refused under s. 626.621.

10         (3)  In the suspension or revocation of, or the refusal

11  to issue or renew, the license or appointment of a surplus

12  lines agent, the department shall follow the same procedures,

13  as applicable, as provided for suspension, revocation, or

14  refusal of licenses of general lines agents, but subject to s.

15  626.936 as to failure to file a quarterly report or pay the

16  tax.

17         Section 66.  Subsections (3) and (4) of section

18  626.944, Florida Statutes, are amended to read:

19         626.944  Qualifications for health care risk

20  managers.--

21         (3)  The department shall issue a license and an

22  appointment, beginning on June 1, 1986, to practice health

23  care risk management to any applicant who qualifies under this

24  section and submits the license and appointment fees fee as

25  set forth in s. 624.501.  Licenses and appointments shall be

26  issued and canceled in the same manner as provided in part I

27  of this chapter.

28         (4)  The department shall renew a health care risk

29  manager appointment license in accordance with procedures

30  prescribed in s. 626.381 for agents in general.

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  1         Section 67.  Subsection (3) of section 627.745, Florida

  2  Statutes, is amended and subsection (6) is added to that

  3  section to read:

  4         627.745  Mediation of claims.--

  5         (3)(a)  The department shall approve appoint mediators

  6  to conduct mediations pursuant to this section.  All mediators

  7  must file an application under oath for approval as a

  8  mediator.

  9         (b)  To qualify for approval appointment as a mediator,

10  a person must shall meet the following qualifications:

11         1.  Possess a masters or doctorate degree in

12  psychology, counseling, business, accounting, or economics, be

13  a member of The Florida Bar, be licensed as a certified public

14  accountant, or demonstrate that the applicant for approval

15  appointment has been actively engaged as a qualified mediator

16  for at least 4 years prior to July 1, 1990.

17         2.  Within 4 years immediately preceding the date the

18  application for approval is filed with the department, have

19  completed a minimum of a 40-hour training program approved by

20  the department and successfully passed a final an examination

21  included in the training program and approved by the

22  department.  The training program shall include and address

23  all of the following:

24         a.  Mediation theory.

25         b.  Mediation process and techniques.

26         c.  Standards of conduct for mediators.

27         d.  Conflict management and intervention skills.

28         e.  Insurance nomenclature.

29         (6)  The department may designate an entity to

30  administer the program specified by this section.

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  1         Section 68.  Subsection (13) of section 634.011,

  2  Florida Statutes, is amended to read:

  3         634.011  Definitions.--As used in this part, the term:

  4         (13)  "Salesperson" means any individual, dealership,

  5  corporation, partnership, or sole proprietorship employed or

  6  otherwise retained by an insurer or motor vehicle service

  7  agreement company for the purpose of selling or issuing motor

  8  vehicle service agreements.

  9         Section 69.  Section 634.171, Florida Statutes, is

10  amended to read:

11         634.171  Salesperson to be licensed and

12  appointed.--Salespersons for motor vehicle service agreement

13  companies and insurers shall be licensed, appointed, renewed,

14  continued, reinstated, or terminated as prescribed in chapter

15  626 for insurance representatives in general.  However, they

16  shall be exempt from all other provisions of chapter 626

17  including fingerprinting, photo identification, education, and

18  examination provisions.  License, appointment, and other fees

19  shall be those prescribed in s. 624.501.  A licensed and

20  appointed salesperson shall be directly responsible and

21  accountable for all acts of the licensed salesperson's his or

22  her employees and other representatives.  Each service

23  agreement company or insurer shall, on forms prescribed by the

24  department, within 30 days after termination of the

25  appointment, notify the department of such termination.  No

26  employee or salesperson of a motor vehicle service agreement

27  company or insurer may directly or indirectly solicit or

28  negotiate insurance contracts, or hold herself or himself out

29  in any manner to be an insurance agent or solicitor, unless so

30  qualified, licensed, and appointed therefor under the Florida

31  Insurance Code.

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  1         Section 70.  Section 634.317, Florida Statutes, is

  2  amended to read:

  3         634.317  License and appointment required.--No person

  4  may solicit, negotiate, or effectuate home warranty contracts

  5  for remuneration in this state unless such person is licensed

  6  and appointed as a sales representative. A licensed and

  7  appointed sales representative shall be directly responsible

  8  and accountable for all acts of the licensee's employees.

  9         Section 71.  Section 634.420, Florida Statutes, is

10  amended to read:

11         634.420  License and appointment of sales

12  representatives.--Sales representatives for service warranty

13  associations or insurers shall be licensed, appointed,

14  renewed, continued, reinstated, or terminated in accordance

15  with procedures as prescribed in chapter 626 for insurance

16  representatives in general.  However, they shall be exempt

17  from all other provisions of chapter 626, including

18  fingerprinting, photo identification, education, and

19  examination. License, appointment, and other fees shall be

20  those prescribed in s. 624.501.  A licensed and appointed

21  sales representative shall be directly responsible and

22  accountable for all acts of the licensed sales

23  representative's her or his employees or other

24  representatives.  Each service warranty association or insurer

25  shall, on forms prescribed by the department, within 30 days

26  after termination of the appointment, notify the department of

27  such termination.  No employee or sales representative of a

28  service warranty association or insurer may directly or

29  indirectly solicit or negotiate insurance contracts, or hold

30  herself or himself out in any manner to be an insurance agent

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  1  or solicitor, unless so qualified, licensed, and appointed

  2  therefor under the insurance code.

  3         Section 72.  Section 642.036, Florida Statutes, is

  4  amended to read:

  5         642.036  Sales representatives to be licensed and

  6  appointed.--

  7         (1)  Sales representatives of legal expense insurers

  8  shall be licensed, appointed, renewed, continued, reinstated,

  9  or terminated as prescribed in chapter 626 for insurance

10  representatives in general, and shall pay the license and

11  appointment fees prescribed in s. 624.501.  No employee or

12  sales representative of an insurer may directly or indirectly

13  solicit or negotiate insurance contracts, or hold herself or

14  himself out in any manner to be an insurance agent or

15  solicitor, unless so qualified, licensed, and appointed

16  therefor under the insurance code.

17         (2)  Each casualty insurer shall, on or before March 1

18  of each odd-numbered year, file with the department the name

19  and business address of each licensed general lines agent or

20  solicitor who solicits, negotiates, sells, or executes legal

21  expense insurance contracts on behalf of the casualty insurer.

22         Section 73.  Sections 626.532 and 626.857, Florida

23  Statutes, are repealed.

24         Section 74.  This act shall take effect October 1,

25  1998.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises provisions of the Insurance Code relating to
      insurance agents, adjusters, customer representatives,
  4    and other insurance representatives.  Clarifies license
      fees.  Provides additional requirements and
  5    qualifications for certain licenses.  Provides for
      additional administrative fines. Modifies definitions of
  6    certain classes of insurers. Authorizes the Department of
      Insurance to place certain persons on probation in
  7    addition to the suspension, revocation, or refusal of
      their licenses. Increases surplus lines agent's bond to
  8    $50,000.

  9
      Increases the maximum fine that may be levied by the
10    Department of Insurance against an insurance agent and
      other individuals licensed by the department from $2,500
11    to $3,500.

12

13

14

15

16

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