Senate Bill 1372e1

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  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"; prescribing requirements for soliciting

11         or selling variable life insurance, variable

12         annuity contracts, and other indeterminate

13         value contracts; amending s. 626.062, F.S.;

14         conforming a cross-reference; amending ss.

15         626.141, 626.171, 626.181, 626.211, 626.221,

16         626.266, 626.281, 626.311, 626.511, 626.521,

17         626.561, 626.611, 626.621, 626.641, 626.651,

18         626.727, 626.730, 626.732, 626.733, 626.877,

19         F.S.; including customer representatives within

20         and deleting claims investigators from

21         application of certain provisions; excluding

22         solicitors; authorizing the department to

23         secure a credit and character report on certain

24         persons; providing limits; providing

25         requirements of the department; amending s.

26         626.451, F.S.; requiring law enforcement

27         agencies, the state attorney's office, and

28         court clerks to notify the department of agents

29         found guilty of felonies; amending s. 626.201,

30         F.S.; providing for interrogatories before

31         reinstatement; amending s. 626.321, F.S.;


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  1         authorizing certain entities that hold a

  2         limited license for credit life or disability

  3         insurance to sell credit property insurance;

  4         authorizing persons who hold a limited license

  5         for credit insurance to hold certain additional

  6         licenses; amending s. 626.331, F.S.; requiring

  7         licensure of certain agents for certain

  8         appointments; providing that an appointment fee

  9         is not refundable; amending s. 626.342, F.S.;

10         prohibiting furnishing supplies to certain

11         agents; amending s. 626.541, F.S.; specifying

12         names and addresses required of certain

13         personnel of corporations; amending s. 626.592,

14         F.S.; revising provisions relating to

15         designation of primary agents; amending s.

16         626.601, F.S.; authorizing the department to

17         initiate investigation of agents or other

18         licensees under certain conditions; amending s.

19         626.681, F.S.; providing for administrative

20         fines in addition to certain actions;

21         increasing such fines; amending s. 626.691,

22         F.S.; authorizing the department to place

23         certain persons on probation in addition to

24         suspending, revoking, or refusing to renew a

25         license or appointment; creating s. 626.692,

26         F.S.; providing for restitution under certain

27         circumstances; amending s. 626.7351, F.S.;

28         specifying additional qualifications for a

29         customer representative's license; amending s.

30         626.739, F.S.; specifying a temporary license

31         as general lines insurance agent; amending s.


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  1         626.741, F.S.; authorizing the department to

  2         issue a customer representative license to

  3         certain persons; providing a limitation;

  4         providing procedures for agent licensure of

  5         certain persons under certain circumstances;

  6         providing for cancellation of a nonresident

  7         agent's license; amending ss. 626.792, 626.835,

  8         F.S.; providing procedures for issuing a

  9         resident agent's license to certain persons;

10         amending s. 626.837, F.S.; clarifying

11         conditions of placing certain excess or

12         rejected risks; amending s. 626.8411, F.S.;

13         conforming a cross-reference; amending s.

14         626.8417, F.S.; revising the qualifications for

15         licensure as a title insurance agent; amending

16         s. 626.8418, F.S.; increasing the amount of the

17         deposit or bond of a title insurance agency;

18         specifying that the bond of a title insurance

19         agency must be posted with the department and

20         must inure to the benefit of damaged insurers

21         and insureds; amending ss. 626.8437, 626.844,

22         F.S.; clarifying application of grounds for

23         refusal, suspension, or revocation of license

24         or appointment; amending s. 626.8443, F.S.;

25         providing additional limitations on activities

26         during suspension or after revocation of a

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

28         for applicability; amending s. 626.858, F.S.;

29         revising the definition of the term

30         "nonresident adjuster" to define "nonresident

31         company employee adjuster"; creating s.


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  1         626.8582, F.S.; defining the term "nonresident

  2         public adjuster"; creating s. 626.8884, F.S.;

  3         defining the term "nonresident independent

  4         adjuster"; amending s. 626.865, F.S.;

  5         increasing the bonding requirements for public

  6         adjusters; amending s. 626.873, F.S.; providing

  7         for licensure and qualifications for resident

  8         company employee adjusters; creating s.

  9         626.8732, F.S.; providing for licensure and

10         qualifications for nonresident public

11         adjusters; creating s. 626.8734, F.S.;

12         providing for licensure and qualifications for

13         nonresident independent adjusters; creating s.

14         626.8736, F.S.; providing for service of

15         process on nonresident independent adjusters

16         and on nonresident public adjusters; creating

17         s. 626.8737, F.S.; establishing a retaliatory

18         tax provision regarding certain fines, taxes,

19         penalties, license fees, monetary deposits,

20         securities, or other obligations, limitations,

21         or prohibitions imposed by another state upon

22         Florida resident insurance adjusters in

23         connection with the issuance of, or activities

24         under, a nonresident adjuster's license under

25         that state's laws; creating s. 626.8738, F.S.;

26         providing a criminal penalty for acting as a

27         resident or nonresident public adjuster without

28         the required license; amending s. 626.869,

29         F.S.; requiring certain continuing education

30         courses; clarifying requirements of such

31         courses; amending s. 626.8695, F.S.; providing


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  1         for notice to the department; requiring

  2         designation of primary adjuster on forms

  3         prescribed by the department; amending s.

  4         626.872, F.S.; prohibiting the department from

  5         issuing a temporary adjuster's license to

  6         certain persons; amending s. 626.873, F.S.;

  7         providing procedures for licensing certain

  8         persons as resident adjusters; providing for

  9         cancellation of nonresident adjuster's license;

10         amending s. 626.875, F.S; prescribing time for

11         keeping adjusters' records; amending s.

12         626.922, F.S.; requiring surplus lines agents

13         to perform certain duties relating to evidence

14         of insurance; amending s. 626.928, F.S.;

15         increasing bonds for surplus lines agents;

16         amending ss. 626.927, 626.9271, 626.929,

17         626.935, 626.944, F.S.; requiring appointment

18         in addition to licensure of certain persons;

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

20         provision related to final examination;

21         amending s. 634.420, F.S.; clarifying

22         application of accountability provisions;

23         amending s. 634.317, F.S.; providing for

24         responsibility and accountability of sales

25         representatives; amending s. 642.036, F.S.;

26         deleting requirement that the addresses of

27         certain agents be filed with the department;

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

29         licensing of claims investigators; amending s.

30         624.412, F.S.; deleting provisions relating to

31         minimum trust deposits by alien insurers;


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  1         repealing s. 626.532, F.S., relating to

  2         insurance vending machine licenses; repealing

  3         s. 626.857, F.S., relating to the definition of

  4         "claims investigator"; creating s. 624.4072,

  5         F.S.; exempting minority-owned property and

  6         casualty insurers from prescribed taxes and

  7         assessments for specified period; specifying

  8         conditions; providing for future repeal;

  9         providing an effective date.

10

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

12

13         Section 1.  Section 624.425, Florida Statutes, is

14  amended to read:

15         624.425  Resident agent and countersignature required,

16  property, casualty, surety insurance.--

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

18  property, casualty, or surety insurer shall assume direct

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

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

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

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

23  regularly commissioned and licensed currently as an agent and

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

25  two or more authorized insurers issue a single policy of

26  insurance against legal liability for loss or damage to person

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

28  policy insuring against loss or damage to property by

29  radioactive contamination, whether or not also insuring

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

31  this state, such policy if otherwise lawful may be


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

  2  and appointed resident agent of any insurer appearing thereon.

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

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

  5  agents on business written or transacted by them for the

  6  insurer.

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

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

  9  certificate of renewal or continuation thereof, issued in

10  another state and covering also property and risks outside

11  this state, a certificate evidencing such insurance as to

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

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

14  the insurer's commissioned and appointed licensed local

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

16  subject to the same conditions as is provided in subsection

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

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

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

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

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

22  countersign in blank any countersignature endorsement

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

24  a written power of attorney to the issuing insurance company

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

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

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

28  thereon in lieu of manually countersigning such documents; but

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

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

31  unless the person so authorized is directly employed by the


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

  2  of the agent.

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

  4  insurers from using salaried licensed and appointed agents for

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

  6  issuance and countersignature by such agents of insurance

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

  8  without payment of commission therefor.

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

10  insurer from authorizing an agent who is not regularly

11  commissioned and appointed licensed currently as an agent of

12  the insurer from countersigning a policy or contract of

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

14  627.351.  This section does not apply to reissuance of

15  insurance policies or endorsements thereto which are part of a

16  mass reissuance of such policies or endorsements and do not

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

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

19  Florida Statutes, are amended to read:

20         624.428  Licensed agent law, life and health

21  insurances.--

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

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

24  group life insurance contract, master credit life policy or

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

26  insurance, unless the application for such policy or contract

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

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

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

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

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

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

  3  whom policies or contracts issued or delivered in this state

  4  shall be serviced.

  5         Section 3.  Section 624.478, Florida Statutes, is

  6  amended to read:

  7         624.478  Use of agents.--A commercial self-insurance

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

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

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

11  the authority to appoint license agents in accordance with

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

13  licensed agents shall be subject to the requirements of such

14  provisions.

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

16  624.501, Florida Statutes, are amended to read:

17         624.501  Filing, license, appointment, and

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

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

20  licenses, and miscellaneous charges as follows:

21         (16)  Issuance, reissuance, reinstatement, modification

22  resulting in a modified license being issued, or duplicate

23  copy of any insurance representative license, or an

24  appointment being reinstated.............................$5.00

25         (17)  Additional appointment license continuation fees

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

27         (29)  Title insurance agents:

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

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

30  license fee:

31         Appointment fee..................................$42.00


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  1         State tax.........................................12.00

  2         County tax.........................................6.00

  3  Total...................................................$60.00

  4         (b)  Agency original appointment license fee or

  5  biennial renewal or continuation thereof, each insurer:

  6         Appointment Licensing fee........................$42.00

  7         State tax.........................................12.00

  8         County tax.........................................6.00

  9  Total...................................................$60.00

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

11         Application for filing, each filing, filing

12  fee.....................................................$10.00

13         (d)  Additional appointment continuation fee as

14  prescribed by s. 626.843.................................$5.00

15         (e)  Title insurer and title insurance agency

16  administrative surcharge:

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

18  title insurer shall pay to the department for each licensed

19  title insurance agency appointed by the title insurer and for

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

21  calendar year an administrative surcharge of $200.00.

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

23  licensed title insurance agency shall remit to the department

24  an administrative surcharge of $200.00.

25

26  The administrative surcharge may be used solely to defray the

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

28  insurance agencies agents and retail offices of title insurers

29  and to gather title insurance data for statistical purposes in

30  its regulation of title insurance.

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  1         Section 5.  Section 626.022, Florida Statutes, is

  2  amended to read:

  3         626.022  Scope of part.--

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

  5  solicitors, service representatives, adjusters, and insurance

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

  7  stock insurers, mutual insurers, reciprocal insurers, and all

  8  other types of insurers, except that:

  9         (a)  It does not apply as to reinsurance, except that

10  ss. 626.011-626.031, ss. 626.102-626.181, ss. 626.191-626.211,

11  ss. 626.291-626.301, s. 626.331, ss. 626.342-626.521, ss.

12  626.541-626.591, and ss. 626.601-626.711 shall apply as to

13  reinsurance intermediaries as defined in s. 626.7492.

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

15  benefit societies shall be as provided in chapter 632.

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

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

18  903.

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

20  includes annuity contracts.

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

22  Florida Statutes, are amended to read:

23         626.051  "Life agent" defined.--

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

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

26  life insurance and annuity contracts.  The term also includes

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

28  annuity contracts, or variable contracts, and health insurance

29  contracts by the same insurer.

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

31  insurance, variable annuity contracts, or any other


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  1  indeterminate value or variable contract as defined in s.

  2  627.8015, unless the person has successfully completed a

  3  licensure examination relating to variable annuity contracts

  4  authorized and approved by the department.

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

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

  7  unless licensed as an agent:

  8         (a)  Solicit insurance or annuities or procure

  9  applications; or

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

11  out as engaging in the business of analyzing or abstracting

12  insurance policies or of counseling or advising or giving

13  opinions to persons relative to insurance or insurance

14  contracts other than:

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

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

17  associations, trustees, employers or other business entities,

18  the subsidiaries and affiliates of each, relative to their

19  interests and those of their members or employees under

20  insurance benefit plans.

21         Section 7.  Subsection (2) of section 626.062, Florida

22  Statutes, is amended to read:

23         626.062  "Health agent" defined.--

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

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

26  an agent:

27         (a)  Solicit insurance or procure applications; or

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

29  out as engaging in the business of analyzing or abstracting

30  insurance policies or of counseling or advising or giving

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  1  opinions to persons relative to insurance contracts other

  2  than:

  3         1.  As a consulting actuary advising insurers; or

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

  5  associations, trustees, employers or other business entities,

  6  the subsidiaries and affiliates of each, relative to their

  7  interests and those of their members or employees under

  8  insurance benefit plans.

  9         Section 8.  Section 626.112, Florida Statutes, is

10  amended to read:

11         626.112  License and appointment required; agents,

12  customer representatives, solicitors, adjusters, insurance

13  agencies, service representatives, managing general agents,

14  claims investigators.--

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

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

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

18  currently licensed and appointed.

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

20  shall solicit or otherwise transact as agent, customer

21  representative, or solicitor, or represent or hold himself or

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

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

24  or she is not then licensed and appointed.

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

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

27  appointed.

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

29  himself or herself out to be a service representative unless

30  he or she then holds a currently effective service

31  representative license and appointment. This subsection does


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  1  not apply as to similar representatives or employees of

  2  casualty insurers whose duties are restricted to health

  3  insurance.

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

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

  6  he or she then holds a currently effective managing general

  7  agent license and appointment.

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

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

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

11  she then holds a currently effective claims investigator

12  license and appointment.

13         (6)(7)  An individual employed by a life or health

14  insurer as an officer or other salaried representative may

15  solicit and effect contracts of life insurance or annuities or

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

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

18  on the behalf of a licensed and appointed agent.

19         (7)(8)(a)  No individual, firm, partnership,

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

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

22  insurance agency, when required to be licensed by this

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

24  possessing an insurance agency license for each place of

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

26  performed only by a licensed insurance agent or solicitor.

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

28  precedent to continuing business, obtain an insurance agency

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

30  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

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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

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    CS for SB 1372                                 First Engrossed



  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 9.  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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    CS for SB 1372                                 First Engrossed



  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 10.  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 11.  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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    CS for SB 1372                                 First Engrossed



  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 12.  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 13.  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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    CS for SB 1372                                 First Engrossed



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

  2  examination.

  3         Section 14.  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 15.  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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    CS for SB 1372                                 First Engrossed



  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 16.  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 17.  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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    CS for SB 1372                                 First Engrossed



  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 18.  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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    CS for SB 1372                                 First Engrossed



  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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    CS for SB 1372                                 First Engrossed



  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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    CS for SB 1372                                 First Engrossed



  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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    CS for SB 1372                                 First Engrossed



  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 19.  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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    CS for SB 1372                                 First Engrossed



  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 20.  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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    CS for SB 1372                                 First Engrossed



  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 21.  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 or state attorney's

18  office that is aware that an agent, adjuster, service

19  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 shall immediately furnish the department a certified

27  copy of the information or indictment.

28         Section 22.  Subsection (1) of section 626.511, Florida

29  Statutes, 1996 Supplement, is amended to read:

30         626.511  Reasons for termination; confidential

31  information.--


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    CS for SB 1372                                 First Engrossed



  1         (1)  Any insurer terminating the appointment of an

  2  agent; any general lines agent terminating the appointment of

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

  4  multiple-peril crop insurance agent; and any employer

  5  terminating the appointment of an adjuster, service

  6  representative, or managing general agent, or claims

  7  investigator, whether such termination is by direct action of

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

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

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

11  facts relative to such termination.  In the case of

12  termination of the appointment of an agent, such information

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

14  insurer.

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

16  continue the appointment, the information required under

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

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

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

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

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

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

23  10 days after, notice of the termination was filed with the

24  department.

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

26  furnished to the department under subsection (1) is

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

28         Section 23.  Subsections (1) and (3) of section

29  626.521, Florida Statutes, are amended to read:

30         626.521  Character, credit reports.--

31


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    CS for SB 1372                                 First Engrossed



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

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

  3  solicitor, adjuster, service representative, customer

  4  representative, or managing general agent, or claims

  5  investigator, the appointing insurer or its manager or general

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

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

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

  9  representatives and claims investigators and of adjusters who

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

11  appointment or employment secure and thereafter keep on file a

12  full detailed credit and character report made by an

13  established and reputable independent reporting service,

14  relative to the individual so appointed or employed.

15         (3)  As to an applicant for an adjuster's or

16  reinsurance intermediary's license who is to be self-employed,

17  the department may secure, at the cost of the applicant, a

18  full detailed credit and character report made by an

19  established and reputable independent reporting service

20  relative to the applicant.

21         Section 24.  Subsections (1) and (2) of section

22  626.541, Florida Statutes, are amended to read:

23         626.541  Firm, corporate, and business names; officers;

24  associates; notice of changes.--

25         (1)  Any licensed agent or adjuster doing business

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

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

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

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

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

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


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    CS for SB 1372                                 First Engrossed



  1  social security number of each officer and director and the

  2  president of the corporation and of each individual associated

  3  in such firm or corporation as to the insurance transactions

  4  thereof or in the use of such business name.

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

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

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

  8  notice of such change shall be filed with the department

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

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

11  operate thereunder.

12         Section 25.  Subsections (1) and (3) of section

13  626.561, Florida Statutes, are amended to read:

14         626.561  Reporting and accounting for funds.--

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

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

17  representative, solicitor, or adjuster in transactions under

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

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

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

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

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

23  funds. The licensee in the applicable regular course of

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

25  insured, or other person entitled thereto.

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

27  adjuster who, not being lawfully entitled thereto, either

28  temporarily or permanently diverts or misappropriates

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

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

31  commits the offense specified below:


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    CS for SB 1372                                 First Engrossed



  1         (a)  If the funds diverted or misappropriated

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

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

  4  775.082 or s. 775.083.

  5         (b)  If the funds diverted or misappropriated

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

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

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

  9         (c)  If the funds diverted or misappropriated

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

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

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

13         (d)  If the funds diverted or misappropriated

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

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

16  775.082, s. 775.083, or s. 775.084.

17         Section 26.  Subsections (1), (2), (4), and (7) of

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

19         626.592  Primary agents.--

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

21  thereafter, Each person operating an insurance agency and each

22  location of a multiple location agency shall designate a

23  primary agent for each insurance agency location and shall

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

25  the insurance agency location where he or she is primary

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

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

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

29  effective upon notification to the department. Notice of

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

31  such change.


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    CS for SB 1372                                 First Engrossed



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

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

  3  supervision of all individuals within an insurance agency

  4  location whether such individuals who deal with the public in

  5  the solicitation or negotiation of insurance contracts or in

  6  the collection or accounting of moneys from the general

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

  8  one insurance agency location.

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

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

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

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

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

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

15  clerical or administrative functions for which licensure is

16  not required.

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

18  conduct the business of insurance unless a primary agent is

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

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

21  agency inception or change of primary agent designation,

22  constitutes as required under this section shall constitute

23  grounds for requiring that the agency obtain a license in

24  accordance with ss. 626.112 and 626.172.

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

26  Statutes, is amended to read:

27         626.601  Improper conduct; inquiry; fingerprinting.--

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

29  shall, upon a written complaint signed by any interested

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

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


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    CS for SB 1372                                 First Engrossed



  1  service representative, managing general agent, customer

  2  representative, title insurance agent, or title insurance

  3  agency or claims investigator under this code. The department

  4  may thereafter initiate an investigation of any such licensee

  5  if it has reasonable cause to believe that the licensee has

  6  violated any provision of the insurance code. During the

  7  course of its investigation, the department shall contact the

  8  licensee being investigated unless it determines that

  9  contacting such person could jeopardize the successful

10  completion of the investigation or cause injury to the public.

11         Section 28.  Section 626.611, Florida Statutes, is

12  amended to read:

13         626.611  Grounds for compulsory refusal, suspension, or

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

15  adjuster's, customer representative's, service

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

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

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

19  or continue the license or appointment of any applicant,

20  agent, title agency, solicitor, adjuster, customer

21  representative, service representative, or managing general

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

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

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

25  appointee any one or more of the following applicable grounds

26  exist:

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

28  license or appointment as specified in this code.

29         (2)  Material misstatement, misrepresentation, or fraud

30  in obtaining the license or appointment or in attempting to

31  obtain the license or appointment.


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    CS for SB 1372                                 First Engrossed



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

  2  department any examination required under this code.

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

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

  5  prohibitions of this code.

  6         (5)  Willful misrepresentation of any insurance policy

  7  or annuity contract or willful deception with regard to any

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

  9  of dissemination of information or advertising.

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

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

12  she has materially misrepresented to an insured or other

13  interested party the terms and coverage of an insurance

14  contract with intent and for the purpose of effecting

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

16  contract on less favorable terms than those provided in and

17  contemplated by the contract.

18         (7)  Demonstrated lack of fitness or trustworthiness to

19  engage in the business of insurance.

20         (8)  Demonstrated lack of reasonably adequate knowledge

21  and technical competence to engage in the transactions

22  authorized by the license or appointment.

23         (9)  Fraudulent or dishonest practices in the conduct

24  of business under the license or appointment.

25         (10)  Misappropriation, conversion, or unlawful

26  withholding of moneys belonging to insurers or insureds or

27  beneficiaries or to others and received in conduct of business

28  under the license or appointment.

29         (11)  Unlawfully rebating, attempting to unlawfully

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

31  her commission with another.


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    CS for SB 1372                                 First Engrossed



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

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

  3  representative, or solicitor for the purpose of soliciting or

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

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

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

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

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

  9  willful violation of any provision of this code.

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

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

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

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

14  any other country which involves moral turpitude, without

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

16  the court having jurisdiction of such cases.

17         (15)  Fraudulent or dishonest practice in submitting or

18  aiding or abetting any person in the submission of an

19  application for workers' compensation coverage under chapter

20  440 containing false or misleading information as to employee

21  payroll or classification for the purpose of avoiding or

22  reducing the amount of premium due for such coverage.

23         Section 29.  Section 626.621, Florida Statutes, is

24  amended to read:

25         626.621  Grounds for discretionary refusal, suspension,

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

27  representative's, service representative's, or managing

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

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

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

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


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    CS for SB 1372                                 First Engrossed



  1  solicitor, adjuster, customer representative, service

  2  representative, or managing general agent, or claims

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

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

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

  6  more of the following applicable grounds exist under

  7  circumstances for which such denial, suspension, revocation,

  8  or refusal is not mandatory under s. 626.611:

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

10  appointment could have been refused had it then existed and

11  been known to the department.

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

13  other law applicable to the business of insurance in the

14  course of dealing under the license or appointment.

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

16  department.

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

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

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

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

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

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

23  appointment, engaging in unfair methods of competition or in

24  unfair or deceptive acts or practices, as prohibited under

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

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

27  detrimental to the public interest.

28         (7)  Willful overinsurance of any property or health

29  insurance risk.

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

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


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    CS for SB 1372                                 First Engrossed



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

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

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

  4  conviction has been entered by the court having jurisdiction

  5  of such cases.

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

  7         (10)  Cheating on an examination required for licensure

  8  or violating test center or examination procedures published

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

10  authorized representatives of the examination program

11  administrator.  Communication of test center and examination

12  procedures must be clearly established and documented.

13         (11)  Failure to inform the department in writing

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

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

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

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

18  any other country without regard to whether a judgment of

19  conviction has been entered by the court having jurisdiction

20  of the case.

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

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

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

24  department.

25         Section 30.  Subsections (2), (3), and (4) of section

26  626.641, Florida Statutes, are amended to read:

27         626.641  Duration of suspension or revocation.--

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

29  appointment revoked by the department, nor any person whose

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

31  shall have the right to apply for another license or


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    CS for SB 1372                                 First Engrossed



  1  appointment under this code within 2 years from the effective

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

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

  4  court order or decree affirming the revocation.  The

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

  6  appointment or reinstate eligibility to hold such license or

  7  appointment if it finds that the circumstance or circumstances

  8  for which the eligibility was revoked or for which the

  9  previous license or appointment was revoked still exist or are

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

11  representative, or solicitor or eligibility to hold same has

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

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

14  appointment so applied for.

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

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

17  individual have been revoked at two separate times, the

18  department shall not thereafter grant or issue any license

19  under this code as to such individual.

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

21  the license or appointment, the former licensee or appointee

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

23  transaction or business for which a license or appointment is

24  required under this code or directly or indirectly own,

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

26  or agency or adjuster or adjusting firm.

27         Section 31.  Section 626.651, Florida Statutes, is

28  amended to read:

29         626.651  Effect of suspension, revocation upon

30  associated licenses and appointments and licensees and

31  appointees.--


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    CS for SB 1372                                 First Engrossed



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

  2  or continue any one license of an agent, customer

  3  representative, or solicitor, or upon suspension or revocation

  4  of eligibility to hold a license or appointment, the

  5  department shall at the same time likewise suspend or revoke

  6  all other licenses, appointments, or status of eligibility

  7  held by the licensee or appointee under this code.

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

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

10  suspension or revocation of eligibility, the license and

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

12  such agency, whether incorporated or unincorporated, and any

13  and all solicitors or customer representatives employed by

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

15  the ground for the suspension or revocation may likewise be

16  suspended or revoked.

17         Section 32.  Section 626.681, Florida Statutes, is

18  amended to read:

19         626.681  Administrative fine in lieu of or in addition

20  to suspension, revocation, or refusal of license or

21  appointment.--

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

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

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

25  license or appointment issued under this chapter, the

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

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

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

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

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

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


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    CS for SB 1372                                 First Engrossed



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

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

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

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

  5  the licensee or appointee in connection with any transaction

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

  7  related.

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

  9  department finds that one or more grounds exist for the

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

11  continue any license issued under this chapter, the department

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

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

14  upon the licensee an administrative penalty in an amount not

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

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

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

18  credit of the licensee in connection with any transaction as

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

20  related.

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

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

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

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

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

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

27  appointee shall stand suspended or revoked or issuance,

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

29  upon expiration of such period.

30         Section 33.  Section 626.691, Florida Statutes, is

31  amended to read:


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    CS for SB 1372                                 First Engrossed



  1         626.691  Probation.--

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

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

  4  continue any license or appointment issued under this part,

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

  6  administrative fine is not permissible under s. 626.681 or

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

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

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

10  administrative monetary penalty imposed under s. 626.681,

11  place the offending licensee or appointee on probation for a

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

13  in its order.

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

15  therewith, the department may specify in its order reasonable

16  terms and conditions to be fulfilled by the probationer during

17  the probation period.  If during the probation period the

18  department has good cause to believe that the probationer has

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

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

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

22  upon the original ground or grounds referred to in subsection

23  (1).

24         Section 34.  Section 626.692, Florida Statutes, is

25  created to read:

26         626.692  Restitution.--If any ground exists for the

27  suspension, revocation, or refusal of a license or

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

29  penalty authorized under this chapter, order the licensee to

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

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


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    CS for SB 1372                                 First Engrossed



  1  withholding of moneys belonging to insurers, insureds,

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

  3  restitution required to be paid under this section exceed the

  4  amount of money misappropriated, converted, or unlawfully

  5  withheld.  Nothing in this section limits or restricts a

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

  7         Section 35.  Section 626.727, Florida Statutes, is

  8  amended to read:

  9         626.727  Scope of this part.--This part applies only as

10  to:

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

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

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

14  and

15         (4)(3)  Service representatives, as defined in s.

16  626.081, or managing general agents, as defined in s. 626.091.

17         Section 36.  Section 626.730, Florida Statutes, is

18  amended to read:

19         626.730  Purpose of license.--

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

21  a general lines agent, customer representative, or solicitor

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

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

24  customer representative, or solicitor with respect to the

25  general public and to facilitate the public supervision of

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

27  purpose of enabling the licensee to receive a rebate of

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

29  agent, customer representative, or solicitor or enabling the

30  licensee to receive commissions or other compensation based

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


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    CS for SB 1372                                 First Engrossed



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

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

  3  that of insurance agent, customer representative, or

  4  solicitor.

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

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

  7  customer representative, or solicitor as to any applicant

  8  therefor or licensee or appointee thereunder if it finds that

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

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

11  for the purpose of securing rebates or commissions on

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

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

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

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

16  an interest other than as to the insurance thereof.

17         Section 37.  Subsection (3) of section 626.732, Florida

18  Statutes, is amended to read:

19         626.732  Requirement as to knowledge, experience, or

20  instruction.--

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

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

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

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

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

26  shall be permitted to take an examination if application for

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

28  termination of his or her employment with the department.

29         Section 38.  Section 626.733, Florida Statutes, is

30  amended to read:

31


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    CS for SB 1372                                 First Engrossed



  1         626.733  Agency firms and corporations; special

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

  3  corporation, or association holds an agency contract, all

  4  members thereof who solicit, negotiate, or effect insurance

  5  contracts, and all officers and stockholders of the

  6  corporation who solicit, negotiate, or effect insurance

  7  contracts, are required to qualify and be licensed

  8  individually as agents, solicitors, or customer

  9  representatives; and all of such agents must be individually

10  appointed as to each property and casualty insurer entering

11  into an agency contract with such agency.  Each such

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

13  this section and shall determine and require that each agent

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

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

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

17  comply with the provisions of this section if such insurer

18  satisfactorily demonstrates to the department that the insurer

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

20  an amount of $25,000 or less.

21         Section 39.  Subsection (2) of section 626.7351,

22  Florida Statutes, is amended to read:

23         626.7351  Qualifications for customer representative's

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

25  customer representative to any individual found by it to be

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

27  following qualifications:

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

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

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

31  this state shall be deemed to meet the residence requirements


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    CS for SB 1372                                 First Engrossed



  1  of this subsection, notwithstanding the existence at the time

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

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

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

  5  satisfactory to the department that the resident licenses have

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

  7  she is in good standing.

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

  9  sharing a common boundary with this state and has been

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

11  by a Florida resident general lines agent licensed and

12  appointed under this chapter.  The applicant licensed under

13  this subsection must meet all other requirements as described

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

15  licensed and appointed Florida resident general lines agent,

16  conduct business solely within the confines of the office of

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

18         Section 40.  Subsection (1) of section 626.739, Florida

19  Statutes, is amended to read:

20         626.739  Temporary license; death, disability, absence

21  of agent.--

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

23  temporary license authorizing appointment as a general lines

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

25  member, business associate, or personal representative for the

26  purpose of continuing or winding up the business affairs of

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

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

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

30  agent because of military service or illness or other physical

31  or mental disability.


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    CS for SB 1372                                 First Engrossed



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

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

  3         (c)  The proposed temporary licensee is must be

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

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

  6  experience.

  7         (d)  Application for the temporary license has been

  8  must be made by the applicant upon statements and affidavit

  9  filed with the department on forms as prescribed and furnished

10  by it.

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

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

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

14  for or on behalf of the agent or agency.

15         (f)  Under a temporary license and appointment the

16  licensee does shall not represent as agent any insurer not

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

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

19  classification of insurance than those covered by the last

20  existing agency appointments of the replaced agent, except

21  that, if during the temporary license period an insurer

22  withdraws from the agency, the temporary licensee may be

23  appointed by another like insurer only for the period

24  remaining under the temporary license.

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

26  regular agent's license upon taking and successfully

27  completing a classroom course or correspondence course in

28  insurance or having the insurance employment experience as

29  prescribed in s. 626.732 and passing an examination as

30  required by s. 626.221.

31


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    CS for SB 1372                                 First Engrossed



  1         Section 41.  Subsections (1) and (2) of section

  2  626.741, Florida Statutes, are amended, present subsection (5)

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

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

  5         626.741  Nonresident agents; licensing and

  6  restrictions.--

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

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

  9  license as:

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

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

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

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

14  manner as a nonresident agent of his state.

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

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

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

18  boundary with this state.

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

20  license and appointment to any nonresident who has an office

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

22  indirect pecuniary interest in any insurance agent, insurance

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

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

25  issuance and throughout the existence of the Florida license,

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

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

28  insurer as a service representative or who is a managing

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

30  another state as an agent or broker.  The foregoing

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


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    CS for SB 1372                                 First Engrossed



  1  of residence does not apply to customer representatives unless

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

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

  4  business in this state does not apply to customer

  5  representatives who are required to conduct business solely

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

  7  Florida resident general lines agent in this state. The

  8  department shall have discretion to refuse to issue any

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

10  believe that the applicant by ruse or subterfuge is attempting

11  to avoid the intent and prohibitions contained in this

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

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

14  626.611 and 626.621.

15         (5)  Any individual who holds a Florida nonresident

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

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

18  insurance in this state under the nonresident license and

19  appointment.  Such individual must make application for

20  resident licensure and must become licensed as a resident

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

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

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

24  no longer eligible for licensure as a nonresident agent if

25  such individual fails to make application for a resident

26  license and become licensed as a resident agent within 90

27  days.  His license and any appointments shall be canceled

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

29  s. 626.731.

30         (7)(5)  Except as provided in this section and ss.

31  626.742 and 626.743, nonresident agents shall be subject to


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  1  the same requirements as apply to agents resident in this

  2  state.

  3         Section 42.  Present subsection (7) of section 626.792,

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

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

  6         626.792  Nonresident agents.--

  7         (7)  Any individual who holds a Florida nonresident

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

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

10  insurance in this state under the nonresident license and

11  appointment.  Such individual must make application for

12  resident licensure and must become licensed as a resident

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

14         (8)(7)  Upon becoming a resident of this state, an

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

16  no longer eligible for licensure as a nonresident agent if

17  such individual fails to make application for a resident

18  license and become licensed as a resident agent within 90

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

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

21  s. 626.785.

22         Section 43.  Present subsection (7) of section 626.835,

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

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

25         626.835  Nonresident agents.--

26         (7)  Any individual who holds a Florida nonresident

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

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

29  insurance in this state under the nonresident license and

30  appointment.  Such individual must make application for

31


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    CS for SB 1372                                 First Engrossed



  1  resident licensure and must become licensed as a resident

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

  3         (8)(7)  Upon becoming a resident of this state, an

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

  5  no longer eligible for licensure as a nonresident agent if

  6  such individual fails to make application for a resident

  7  license and become licensed as a resident agent within 90

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

  9  canceled immediately.  The individual may apply for a resident

10  license pursuant to s. 626.831.

11         Section 44.  Subsection (1) of section 626.837, Florida

12  Statutes, is amended to read:

13         626.837  Excess or rejected business.--

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

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

16  she is licensed and appointed, and which the insurer

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

18  authorized insurer without being required to secure an

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

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

21  her.

22         Section 45.  Paragraph (a) of subsection (2) of section

23  626.8411, Florida Statutes, is amended to read:

24         626.8411  Application of Florida Insurance Code

25  provisions to title insurance agents or agencies.--

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

27  title insurance agents or title insurance agencies:

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

29  insurance agencies.

30         Section 46.  Paragraph (a) of subsection (3) of section

31  626.8417, Florida Statutes, is amended to read:


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  1         626.8417  Title insurance agent's license; application

  2  and qualification; errors and omissions insurance; bond and

  3  deposit requirements; exemptions.--

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

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

  6  untrustworthy or incompetent, who does not meet the

  7  qualifications for examination specified in s. 626.8414, or

  8  who does not meet the following qualifications:

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

10  of the application for license, the applicant must have

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

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

13  months of experience in responsible title insurance duties,

14  while working in the title insurance business as a

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

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

17  estate closing transactions and issues title insurance

18  policies but who is exempt from licensure pursuant to

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

20  upon the periods of employment at responsible title insurance

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

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

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

24  of such employment, that the employment was substantially full

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

26  performed by the applicant.

27         Section 47.  Subsection (2) of section 626.8418,

28  Florida Statutes, is amended to read:

29         626.8418  Application for title insurance agency

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

31


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    CS for SB 1372                                 First Engrossed



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

  2  the following requirements:

  3         (2)  The applicant must have deposited with the

  4  department securities of the type eligible for deposit under

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

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

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

  8  department for the benefit of any appointing insurer damaged

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

10  with the appointing insurer.  If a properly documented claim

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

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

13  appropriate amount of the deposit or the proceeds that are

14  received from the surety in payment of the claim damaged

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

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

17  insurer may not provide the deposit or bond directly or

18  indirectly on behalf of the title insurance agency.  The

19  deposit or bond must secure the performance by the title

20  insurance agency of its duties and responsibilities under the

21  issuing agency contracts with each title insurer underwriter

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

23  substitute other securities of like quality and value for

24  securities on deposit, may receive the interest and other

25  income accruing on such securities, and may inspect the

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

27  remain unimpaired as long as the title insurance agency

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

29  termination of all title insurance agency appointments

30  licenses held by the title insurance agency. The title

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


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    CS for SB 1372                                 First Engrossed



  1  bond together with accrued interest after such year has

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

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

  4  adopt rules for alternative methods to comply with this

  5  subsection. With respect to such alternative methods for

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

  7  performance and good reputation and character of the proposed

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

  9  unavailable generally if the prevailing annual premium exceeds

10  25 percent of the principal amount of the bond.

11         Section 48.  Section 626.8437, Florida Statutes, is

12  amended to read:

13         626.8437  Grounds for compulsory refusal, suspension,

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

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

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

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

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

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

20  any one or more of the following grounds exist:

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

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

23  626.8418, and 626.8419.

24         (2)  Material misstatement, misrepresentation, or fraud

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

26  appointment.

27         (3)  Willful misrepresentation of any title insurance

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

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

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

31  dissemination of information or advertising.


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  1         (4)  Demonstrated lack of fitness or trustworthiness to

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

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

  4         (5)  Demonstrated lack of reasonably adequate knowledge

  5  and technical competence to engage in the transactions

  6  authorized by the license or appointment.

  7         (6)  Fraudulent or dishonest practices in the conduct

  8  of business under the license or appointment.

  9         (7)  Misappropriation, conversion, or unlawful

10  withholding of moneys belonging to title insurers or insureds

11  or others and received in conduct of business under the

12  license or appointment.

13         (8)  Unlawful rebating, or attempting to unlawfully

14  rebate, or unlawfully dividing, or offering to unlawfully

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

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

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

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

19  willful violation of any provision of this act.

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

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

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

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

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

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

26  any other country which involves moral turpitude, without

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

28  the court having jurisdiction of such cases.

29         Section 49.  Section 626.844, Florida Statutes, is

30  amended to read:

31


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    CS for SB 1372                                 First Engrossed



  1         626.844  Grounds for discretionary refusal, suspension,

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

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

  4  or continue the license or appointment of any title insurance

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

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

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

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

  9  more of the following grounds exist under circumstances for

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

11  mandatory under s. 626.8437:

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 act in the

16  course of dealing under the license or appointment.

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

18  department.

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

20  title insurer that the appointee represents or has represented

21  any money coming into the hands of such appointee and

22  belonging to the title insurer.

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

24  unfair or deceptive acts or practices in the conduct of

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

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

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

28  public interest.

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

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

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


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    CS for SB 1372                                 First Engrossed



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

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

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

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

  5  conviction has been entered by the court having jurisdiction

  6  of such cases.

  7         Section 50.  Subsections (1), (3), and (4) of section

  8  626.8443, Florida Statutes, are amended to read:

  9         626.8443  Duration of suspension or revocation.--

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

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

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

13  apply for such license or appointment, specify the period

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

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

16  or eligibility shall remain suspended during the period so

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

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

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

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

21  been suspended may not be reinstated except upon request for

22  such reinstatement, but the department shall not grant such

23  reinstatement if it finds that the circumstance or

24  circumstances for which the license, appointment, and

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

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

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

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

29  or agency's license to such person.

30         (4)  During the period of suspension or after

31  revocation of the license and appointment, the former licensee


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    CS for SB 1372                                 First Engrossed



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

  2  transaction or business for which a license or appointment is

  3  required under this code or directly or indirectly own,

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

  5  or agency or adjuster or adjusting firm act.

  6         Section 51.  Subsections (1) and (2) of section

  7  626.852, Florida Statutes, are amended to read:

  8         626.852  Scope of this part.--

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

10  and claims investigators as defined hereinafter in this part

11  defined.

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

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

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

15  investigator.

16         Section 52.  Section 626.858, Florida Statutes, is

17  amended to read:

18         626.858  "Nonresident company employee adjuster"

19  defined.--A "nonresident company employee adjuster" is a

20  person who:

21         (1)  Is not a resident of this state;

22         (2)  Is a currently licensed or authorized adjuster in

23  his or her home state for the type or kinds of insurance for

24  which he or she intends to adjust claims for in this state;

25  and

26         (3)  Is an employee of an insurer, or other insurers

27  under the common control or ownership of such insurer,

28  admitted to do business in this state.; and

29         (4)  Does not maintain an office in this state for the

30  purpose of adjusting losses in this state.

31


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  1         Section 53.  Section 626.8582, Florida Statutes, is

  2  created to read:

  3         626.8582  "Nonresident public adjuster" defined.--A

  4  "nonresident public adjuster" is a person who:

  5         (1)  Is not a resident of this state;

  6         (2)  Is a currently licensed public adjuster in his or

  7  her state of residence for the type or kinds of insurance for

  8  which the licensee intends to adjust claims in this state or,

  9  if a resident of a state that does not license public

10  adjusters, has passed the department's adjuster examination as

11  prescribed in s. 626.8732(1)(b); and

12         (3)  Is a self-employed public adjuster or associated

13  with or employed by a public adjusting firm or other public

14  adjuster.

15         Section 54.  Section 626.8584, Florida Statutes, is

16  created to read:

17         626.8584  "Nonresident independent adjuster"

18  defined.--A "nonresident independent adjuster" is a person

19  who:

20         (1)  Is not a resident of this state;

21         (2)  Is a currently licensed independent adjuster in

22  his or her state of residence for the type or kinds of

23  insurance for which the licensee intends to adjust claims in

24  this state or, if a resident of a state that does not license

25  independent adjusters, has passed the department's adjuster

26  examination as prescribed in s. 626.8734(1)(b); and

27         (3)  Is a self-employed independent adjuster or

28  associated with or employed by an independent adjusting firm

29  or other independent adjuster.

30         Section 55.  Subsection (2) of section 626.865, Florida

31  Statutes, is amended to read:


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    CS for SB 1372                                 First Engrossed



  1         626.865  Public adjuster's qualifications, bond.--

  2         (2)  At the time of application for license as a public

  3  adjuster, the applicant shall file with the department a bond

  4  executed and issued by a surety insurer authorized to transact

  5  such business in this state, in the amount of $50,000 $5,000,

  6  conditioned for the faithful performance of his or her duties

  7  as a public adjuster under the license applied for.  The bond

  8  shall be in favor of the department and shall specifically

  9  authorize recovery by the department of the damages sustained

10  in case the licensee is guilty of fraud or unfair practices in

11  connection with his or her business as public adjuster. The

12  aggregate liability of the surety for all such damages shall

13  in no event exceed the amount of the bond.  Such bond shall

14  not be terminated unless at least 30 days' written notice is

15  given to the licensee and filed with the department.

16         Section 56.  Section 626.873, Florida Statutes, is

17  amended to read:

18         626.873  Nonresident company employee adjusters.--The

19  department shall, upon application therefor, issue a license

20  to an applicant for a nonresident adjuster's license upon

21  determining that the applicant has paid the applicable license

22  fees required under s. 624.501 and:

23         (1)  Is a currently licensed insurance adjuster in his

24  or her home state, if such state requires a license.

25         (2)  Is an employee of an insurer, or a wholly owned

26  subsidiary of an insurer, admitted to do business in this

27  state.

28         (3)  Does not maintain an office in this state for the

29  purpose of adjusting losses in this state.

30         (3)(4)  Has filed a certificate or letter of

31  authorization from the insurance department of his or her home


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    CS for SB 1372                                 First Engrossed



  1  state, if such state requires an adjuster to be licensed,

  2  stating that he or she holds a current license or

  3  authorization to adjust insurance losses.  Such certificate or

  4  authorization must be signed by the insurance commissioner, or

  5  his or her deputy, of the adjuster's home state and must

  6  reflect whether or not the adjuster has ever had his or her

  7  license or authorization in the adjuster's home state

  8  suspended or revoked and, if such is the case, the reason for

  9  such action.

10         Section 57.  Section 626.8732, Florida Statutes, is

11  created to read:

12         626.8732  Nonresident public adjuster's qualifications,

13  bond.--

14         (1)  The department shall, upon application therefor,

15  issue a license to an applicant for a nonresident public

16  adjuster's license upon determining that the applicant has

17  paid the applicable license fees required under s. 624.501

18  and:

19         (a)  Is a natural person at least 18 years of age.

20         (b)  Has passed to the satisfaction of the department a

21  written Florida public adjuster's examination of the scope

22  prescribed in s. 626.241(6); however, the requirement for such

23  an examination does not apply to any of the following:

24         1.  An applicant who is licensed as a resident public

25  adjuster in his or her state of residence, when that state

26  requires the passing of a written examination in order to

27  obtain the license and a reciprocal agreement with the

28  appropriate official of that state has been entered into by

29  the department; or

30         2.  An applicant who is licensed as a nonresident

31  public adjuster in a state other than his or her state of


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    CS for SB 1372                                 First Engrossed



  1  residence when the state of licensure requires the passing of

  2  a written examination in order to obtain the license and a

  3  reciprocal agreement with the appropriate official of the

  4  state of licensure has been entered into by the department.

  5         (c)  Is self-employed as a public adjuster or

  6  associated with or employed by a public adjusting firm or

  7  other public adjuster. Applicants licensed as nonresident

  8  public adjusters under this section must be appointed as such

  9  in accordance with the provisions of ss. 626.112 and 626.451.

10  Appointment fees in the amount specified in s. 624.501 must be

11  paid to the department in advance. The appointment of a

12  nonresident public adjuster shall continue in force until

13  suspended, revoked, or otherwise terminated, but subject to

14  biennial renewal or continuation by the licensee in accordance

15  with procedures prescribed in s. 626.381 for licensees in

16  general.

17         (d)  Is trustworthy and has such business reputation as

18  would reasonably assure that he or she will conduct his or her

19  business as a nonresident public adjuster fairly and in good

20  faith and without detriment to the public.

21         (e)  Has had sufficient experience, training, or

22  instruction concerning the adjusting of damages or losses

23  under insurance contracts, other than life and annuity

24  contracts; is sufficiently informed as to the terms and

25  effects of the provisions of those types of insurance

26  contracts; and possesses adequate knowledge of the laws of

27  this state relating to such contracts as to enable and qualify

28  him or her to engage in the business of insurance adjuster

29  fairly and without injury to the public or any member thereof

30  with whom he or she may have business as a public adjuster.

31


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  1         (2)  The applicant shall furnish the following with his

  2  or her application:

  3         (a)  A complete set of his or her fingerprints. The

  4  applicant's fingerprints must be certified by an authorized

  5  law enforcement officer. The department may not authorize an

  6  applicant to take the required examination or issue a

  7  nonresident public adjuster's license to the applicant until

  8  the department has received a report from the Florida

  9  Department of Law Enforcement and the Federal Bureau of

10  Investigation relative to the existence or nonexistence of a

11  criminal history report based on the applicant's fingerprints.

12         (b)  If currently licensed as a resident public

13  adjuster in the applicant's state of residence, a certificate

14  or letter of authorization from the licensing authority of the

15  applicant's state of residence, stating that the applicant

16  holds a current or comparable license to act as a public

17  adjuster. The certificate or letter of authorization must be

18  signed by the insurance commissioner or his or her deputy or

19  the appropriate licensing official and must disclose whether

20  the adjuster has ever had any license or eligibility to hold

21  any license declined, denied, suspended, revoked, or placed on

22  probation or whether an administrative fine or penalty has

23  been levied against the adjuster and, if so, the reason for

24  the action.

25         (c)  If the applicant's state of residence does not

26  require licensure as a public adjuster and the applicant has

27  been licensed as a resident insurance adjuster, agent, broker,

28  or other insurance representative in his or her state of

29  residence or any other state within the past 3 years, a

30  certificate or letter of authorization from the licensing

31  authority stating that the applicant holds or has held a


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    CS for SB 1372                                 First Engrossed



  1  license to act as such an insurance adjuster, agent, or other

  2  insurance representative. The certificate or letter of

  3  authorization must be signed by the insurance commissioner or

  4  his or her deputy or the appropriate licensing official and

  5  must disclose whether or not the adjuster, agent, or other

  6  insurance representative has ever had any license or

  7  eligibility to hold any license declined, denied, suspended,

  8  revoked, or placed on probation or whether an administrative

  9  fine or penalty has been levied against the adjuster and, if

10  so, the reason for the action.

11         (3)  At the time of application for license as a

12  nonresident public adjuster, the applicant shall file with the

13  department a bond executed and issued by a surety insurer

14  authorized to transact surety business in this state, in the

15  amount of $50,000, conditioned for the faithful performance of

16  his or her duties as a nonresident public adjuster under the

17  license applied for. The bond must be in favor of the

18  department and must specifically authorize recovery by the

19  department of the damages sustained if the licensee commits

20  fraud or unfair practices in connection with his or her

21  business as nonresident public adjuster. The aggregate

22  liability of the surety for all the damages may not exceed the

23  amount of the bond. The bond may not be terminated unless at

24  least 30 days' written notice is given to the licensee and

25  filed with the department.

26         (4)  The usual and customary records pertaining to

27  transactions under the license of a nonresident public

28  adjuster must be retained for at least 3 years after

29  completion of the adjustment and must be made available in

30  this state to the department upon request. The failure of a

31  nonresident public adjuster to properly maintain records and


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  1  make them available to the department upon request constitutes

  2  grounds for the immediate suspension of the license issued

  3  under this section.

  4         (5)  After licensure as a nonresident public adjuster,

  5  as a condition of doing business in this state, the licensee

  6  must annually on or before January 1, on a form prescribed by

  7  the department, submit an affidavit certifying that the

  8  licensee is familiar with and understands the insurance code

  9  and rules adopted thereunder and the provisions of the

10  contracts negotiated or to be negotiated. Compliance with this

11  filing requirement is a condition precedent to the issuance,

12  continuation, reinstatement, or renewal of a nonresident

13  public adjuster's appointment.

14         Section 58.  Section 626.8734, Florida Statutes, is

15  created to read:

16         626.8734  Nonresident independent adjuster's

17  qualifications.--

18         (1)  The department shall, upon application therefor,

19  issue a license to an applicant for a nonresident independent

20  adjuster's license upon determining that the applicant has

21  paid the applicable license fees required under s. 624.501

22  and:

23         (a)  Is a natural person at least 18 years of age.

24         (b)  Has passed to the satisfaction of the department a

25  written Florida independent adjuster's examination of the

26  scope prescribed in s. 626.214(6); however, the requirement

27  for the examination does not apply to any of the following:

28         1.  An applicant who is licensed as a resident

29  independent adjuster in his or her state of residence when

30  that state requires the passing of a written examination in

31  order to obtain the license and a reciprocal agreement with


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  1  the appropriate official of that state has been entered into

  2  by the department; or

  3         2.  An applicant who is licensed as a nonresident

  4  independent adjuster in a state other than his or her state of

  5  residence when the state of licensure requires the passing of

  6  a written examination in order to obtain the license and a

  7  reciprocal agreement with the appropriate official of the

  8  state of licensure has been entered into by the department.

  9         (c)  Is self-employed or associated with or employed by

10  an independent adjusting firm or other independent adjuster.

11  Applicants licensed as nonresident independent adjusters under

12  this section must be appointed as such in accordance with the

13  provisions of ss. 626.112 and 626.451. Appointment fees in the

14  amount specified in s. 624.501 must be paid to the department

15  in advance. The appointment of a nonresident independent

16  adjuster shall continue in force until suspended, revoked, or

17  otherwise terminated, but subject to biennial renewal or

18  continuation by the licensee in accordance with procedures

19  prescribed in s. 626.381 for licensees in general.

20         (d)  Is trustworthy and has such business reputation as

21  would reasonably assure that he or she will conduct his

22  business as a nonresident independent adjuster fairly and in

23  good faith and without detriment to the public.

24         (e)  Has had sufficient experience, training, or

25  instruction concerning the adjusting of damages or losses

26  under insurance contracts, other than life and annuity

27  contracts; is sufficiently informed as to the terms and

28  effects of the provisions of those types of insurance

29  contracts; and possesses adequate knowledge of the laws of

30  this state relating to such contracts as to enable and qualify

31  him or her to engage in the business of insurance adjuster


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  1  fairly and without injury to the public or any member thereof

  2  with whom he or she may have business as an independent

  3  adjuster.

  4         (2)  The applicant shall furnish the following with his

  5  or her application:

  6         (a)  A complete set of his or her fingerprints. The

  7  applicant's fingerprints must be certified by an authorized

  8  law enforcement officer.

  9         (b)  If currently licensed as a resident independent

10  adjuster in the applicant's state of residence, a certificate

11  or letter of authorization from the licensing authority of the

12  applicant's state of residence, stating that the applicant

13  holds a current license to act as an independent adjuster.

14  Such certificate or letter of authorization must be signed by

15  the insurance commissioner or his or her deputy or the

16  appropriate licensing official and must disclose whether the

17  adjuster has ever had any license or eligibility to hold any

18  license declined, denied, suspended, revoked or placed on

19  probation or whether an administrative fine or penalty has

20  been levied against the adjuster and, if so, the reason for

21  the action.

22         (c)  If the applicant's state of residence does not

23  require licensure as an independent adjuster and the applicant

24  has been licensed as a resident insurance adjuster, agent,

25  broker, or other insurance representative in his state of

26  residence or any other state within the past 3 years, a

27  certificate or letter of authorization from the licensing

28  authority stating that the applicant holds or has held a

29  license to act as an insurance adjuster, agent, or other

30  insurance representative. The certificate or letter of

31  authorization must be signed by the insurance commissioner or


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  1  his or her deputy or the appropriate licensing official and

  2  must disclose whether the adjuster, agent, or other insurance

  3  representative has ever had any license or eligibility to hold

  4  any license declined, denied, suspended, revoked or placed on

  5  probation or whether an administrative fine or penalty has

  6  been levied against the adjuster and, if so, the reason for

  7  the action.

  8         (3)  The usual and customary records pertaining to

  9  transactions under the license of a nonresident independent

10  adjuster must be retained for at least 3 years after

11  completion of the adjustment and must be made available in

12  this state to the department upon request. The failure of a

13  nonresident independent adjuster to properly maintain records

14  and make them available to the the department upon request

15  constitutes grounds for the immediate suspension of the

16  license issued under this section.

17         (4)  After licensure as a nonresident independent

18  adjuster, as a condition of doing business in this state, the

19  licensee must annually on or before January 1, on a form

20  prescribed by the department, submit an affidavit certifying

21  that the licensee is familiar with and understands the

22  insurance laws and administrative rules of this state and the

23  provisions of the contracts negotiated or to be negotiated.

24  Compliance with this filing requirement is a condition

25  precedent to the issuance, continuation, reinstatement, or

26  renewal of a nonresident independent adjuster's appointment.

27         Section 59.  Section 626.8736, Florida Statutes, is

28  created to read:

29         626.8736  Nonresident independent or public adjusters;

30  service of process.--

31


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  1         (1)  Each licensed nonresident independent or public

  2  adjuster shall appoint the Insurance Commissioner and

  3  Treasurer and his or her successors in office as his or her

  4  attorney to receive service of legal process issued against

  5  the nonresident independent or public adjuster in this state,

  6  upon causes of action arising within this state out of

  7  transactions under his license and appointment. Service upon

  8  the Insurance Commissioner and Treasurer as attorney shall

  9  constitute effective legal service upon the nonresident

10  independent or public adjuster.

11         (2)  The appointment of the Insurance Commissioner and

12  Treasurer for service of process shall be irrevocable for as

13  long as there could be any cause of action against the

14  nonresident independent or public adjuster arising out of his

15  or her insurance transactions in this state.

16         (3)  Duplicate copies of legal process against the

17  nonresident independent or public adjuster shall be served

18  upon the Insurance Commissioner and Treasurer by a person

19  competent to serve a summons.

20         (4)  Upon receiving the service, the Insurance

21  Commissioner and Treasurer shall forthwith send one of the

22  copies of the process, by registered mail with return receipt

23  requested, to the defendant nonresident independent or public

24  adjuster at his or her last address of record with the

25  department.

26         (5)  The Insurance Commissioner and Treasurer shall

27  keep a record of the day and hour of service upon him or her

28  of all legal process received under this section.

29         Section 60.  Section 626.8737, Florida Statutes, is

30  created to read:

31


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  1         626.8737  Nonresident adjusters; retaliatory

  2  provision.--When under the laws of any other state any fine,

  3  tax, penalty, license fee, deposit of money, or security or

  4  other obligation, limitation, or prohibition is imposed upon

  5  resident insurance adjusters of this state in connection with

  6  the issuance of, and activities under, a nonresident

  7  adjuster's license under the laws of that state as to Florida

  8  resident insurance adjusters, then so long as these laws

  9  continue in force or are so administered, the same

10  requirements, obligations, limitations, and prohibitions, of

11  whatever kind, shall be imposed upon every insurance adjuster

12  of that other state when doing business in this state under a

13  nonresident adjuster's license issued under this part.

14         Section 61.  Section 626.8738, Florida Statutes, is

15  created to read:

16         626.8738  Penalty for violation.--In addition to any

17  other remedy imposed pursuant to this code, any person who

18  acts as a resident or nonresident public adjuster or holds

19  himself or herself out to be a public adjuster to adjust

20  claims in this state, without being licensed by the department

21  as a public adjuster and appointed as a public adjuster,

22  commits a felony of the third degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084. Each act in

24  violation of this section constitutes a separate offense.

25         Section 62.  Subsection (5) of section 626.869, Florida

26  Statutes, is amended to read:

27         626.869  License, adjusters.--

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

29  months or longer and appointment and who engages in adjusting

30  workers' compensation insurance must, beginning in their birth

31  month and every 2 years thereafter, have completed 24 hours of


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    CS for SB 1372                                 First Engrossed



  1  courses, 2 hours of which relate to ethics, in subjects shall

  2  certify to the department every 2 years, at least 90 days

  3  prior to the renewal date of his or her appointment, the fact

  4  that the licensee has completed a course of instruction

  5  designed to inform the licensee regarding as to the current

  6  workers' compensation laws of this state, so as to enable him

  7  or her to engage in such business as a workers' compensation

  8  insurance adjuster fairly and without injury to the public and

  9  to adjust all claims in accordance with the policy or contract

10  and the workers' compensation laws of this state.  In order to

11  qualify as an eligible course under this subsection, the

12  course must shall:

13         (a)  Have a Consist of 24 hours of classroom

14  instruction in the workers' compensation laws and practices of

15  this state, 2 hours of which shall relate to ethics, with the

16  course outline approved by the department.  It is not required

17  that the 24 hours of classroom instruction take place in one

18  course.

19         (b)  Be taught at a school training facility or other

20  location approved by the department.

21         (c)  Be taught by instructors with at least 5 years of

22  experience in the area of workers' compensation, general lines

23  of insurance, or other persons approved by the department.

24  However, a member of The Florida Bar is shall be exempt from

25  the 5 years' experience requirement.

26         (d)  Furnish the attendee a certificate of completion.

27  The sponsor of the course provider shall send a roster copy of

28  the certificate of completion to the department in a format

29  prescribed by the department.

30         Section 63.  Section 626.8695, Florida Statutes, is

31  amended to read:


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  1         626.8695  Primary adjuster.--

  2         (1)  On or before January 1, 1993, and annually

  3  thereafter, Each person operating an adjusting firm and each

  4  location of a multiple location adjusting firm must designate

  5  a primary adjuster for each such firm or location and must

  6  file with the department the name of such primary adjuster and

  7  the address of the firm or location where he or she is the

  8  primary adjuster, on a form approved by the department.  The

  9  designation of the primary adjuster may be changed at the

10  option of the adjusting firm.  Any such change is effective

11  upon notification to the department. Notice of change must be

12  sent to the department within 30 days after such change.

13         (2)(a)  For purposes of this section, a "primary

14  adjuster" is the licensed adjuster who is responsible for the

15  hiring and supervision of all individuals within an adjusting

16  firm location who deal with the public and who acts in the

17  capacity of a public adjuster as defined in s. 626.854, or an

18  independent adjuster as defined in s. 626.855.  An adjuster

19  may be designated as a primary adjuster for only one adjusting

20  firm location.

21         (b)  For purposes of this section, an "adjusting firm"

22  is a location where an independent or public adjuster is

23  engaged in the business of insurance.

24         (3)  The department may suspend or revoke the license

25  of the primary adjuster if the an adjusting firm employs any

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

27  license is currently suspended or revoked.  However, if a

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

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

30  clerical or administrative functions for which licensure is

31  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 64.  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 65.  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 66.  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 67.  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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    CS for SB 1372                                 First Engrossed



  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 68.  Subsection (1) of section 626.922, Florida

  6  Statutes, is amended to read:

  7         626.922  Evidence of the insurance; changes; penalty.--

  8         (1)  Upon placing a surplus lines coverage, the surplus

  9  lines agent shall promptly issue and deliver to the insured

10  evidence of the insurance consisting either of the policy as

11  issued by the insurer or, if such policy is not then

12  available, a certificate, cover note, or other confirmation of

13  insurance.  Such document shall be executed or countersigned

14  by the surplus lines agent and shall show the description and

15  location of the subject of the insurance; coverage,

16  conditions, and term of the insurance; the premium and rate

17  charged and taxes collected from the insured; and the name and

18  address of the insured and insurer.  If the direct risk is

19  assumed by more than one insurer, the document shall state the

20  name and address and proportion of the entire direct risk

21  assumed by each insurer. A surplus lines agent may not

22  delegate the duty to issue any such document to producing

23  general lines agents without prior written authority from the

24  surplus lines insurer. A general lines agent may issue any

25  such document only if the agent has prior written authority

26  from the surplus lines agent. The surplus lines agent must

27  maintain copies of the authorization from the surplus lines

28  insurer and the delegation to the producing general lines

29  agent. The producing agent must maintain copies of the written

30  delegation from the surplus lines agent and copies of any

31  evidence of coverage or certificate of insurance which the


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    CS for SB 1372                                 First Engrossed



  1  producing agent issues or delivers. Any evidence of coverage

  2  issued by a producing agent pursuant to this section must

  3  include the name and address of the authorizing surplus lines

  4  agent.

  5         Section 69.  Section 626.928, Florida Statutes, is

  6  amended to read:

  7         626.928  Surplus lines agent's bond.--Prior to issuance

  8  of license, the applicant shall file with the department, and

  9  thereafter for as long as any such license remains in effect,

10  shall keep in force and unimpaired, a bond in favor of the

11  department in the penal sum of not less than $50,000 $5,000,

12  aggregate liability, with authorized corporate surety or

13  sureties approved by the department.  The department may, in

14  its discretion, require a bond in a larger amount commensurate

15  with the volume of surplus lines business transacted or to be

16  transacted by a particular surplus lines agent.  The bond

17  shall be conditioned that the surplus lines agent will

18  faithfully conduct business under the license in accordance

19  with the provisions of the Surplus Lines Law and rules and

20  regulations of the department for the effectuation thereof and

21  that the licensee will promptly remit to the department the

22  taxes as provided for by such law.  No such bond shall be

23  terminated unless not less than 30 days' prior written notice

24  thereof is given the licensee and filed with the department.

25         Section 70.  Subsections (4) and (7) of section

26  626.927, Florida Statutes, are amended to read:

27         626.927  Licensing of surplus lines agent.--

28         (4)  License and appointment fees in the amount

29  specified in s. 624.501 shall be paid to the department in

30  advance. The license and appointment of a surplus lines agent

31  continue in force until suspended, revoked, or otherwise


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    CS for SB 1372                                 First Engrossed



  1  terminated.  The appointment of a surplus lines agent

  2  continues in force until suspended, revoked, or terminated,

  3  but is subject to biennial renewal or continuation by the

  4  licensee in accordance with procedures prescribed in s.

  5  626.381 for agents in general.

  6         (7)  Any individual who has been licensed by the

  7  department as a surplus lines agent as provided in this

  8  section may be subsequently appointed licensed without

  9  additional written examination if his or her application for

10  appointment license is filed with the department within 24

11  months next following the date of cancellation or expiration

12  of the prior appointment license.  The department may, in its

13  discretion, require any individual to take and successfully

14  pass an examination as for original issuance of license as a

15  condition precedent to the reinstatement renewal or

16  continuation of the licensee's current license or

17  reinstatement or continuation of the licensee's appointment.

18         Section 71.  Subsections (1) and (2) of section

19  626.9271, Florida Statutes, are amended to read:

20         626.9271  Temporary license; death, disability, absence

21  of surplus lines agent.--

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

23  temporary license and appointment as a surplus lines agent to

24  a licensed surplus lines agent's employee, family member,

25  business associate, or personal representative for the purpose

26  of continuing or winding up the business affairs of the

27  surplus lines agent or agency, all subject to the following

28  conditions:

29         (a)  The surplus lines agent being replaced must have

30  died become deceased or become unable to perform his or her

31


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    CS for SB 1372                                 First Engrossed



  1  duties as agent because of military service or illness or

  2  other physical or mental disability.

  3         (b)  There must be no other person connected with the

  4  surplus lines agent's business who is licensed as a surplus

  5  lines agent.

  6         (c)  The proposed temporary licensee must be qualified

  7  as for a regular surplus lines agent's license under this code

  8  except as to residence, examination, education, or experience.

  9         (d)  Application for the temporary license and

10  appointment must be made by the applicant upon statements and

11  affidavit filed with the department on forms as prescribed and

12  furnished by it.

13         (e)  The temporary license and appointment shall be

14  issued and be valid for a period of not over 4 months, and may

15  shall not be renewed either to the then holder of the

16  temporary license or to any other person for or on behalf of

17  the surplus lines agent or agency.

18         (2)  The applicant for a temporary license and

19  appointment shall pay to the department, prior to the issuance

20  thereof, the applicable license and appointment fees fee as

21  specified therefor in s. 624.501.

22         Section 72.  Subsections (1) and (2) of section

23  626.929, Florida Statutes, are amended to read:

24         626.929  Origination, acceptance, placement of surplus

25  lines business.--

26         (1)  A resident general lines agent while licensed and

27  appointed as a surplus lines agent under this part may

28  originate surplus lines business and may accept surplus lines

29  business from any other originating Florida-licensed general

30  lines agent appointed and licensed as to the kind or kinds of

31  insurance involved and may compensate such agent therefor.


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  1         (2)  A managing general agent while licensed and

  2  appointed as a surplus lines agent under this part may accept

  3  and place solely such surplus lines business as is originated

  4  by a Florida-licensed general lines agent appointed and

  5  licensed as to the kind or kinds of insurance involved and may

  6  compensate such agent therefor.

  7         Section 73.  Subsections (1), (2), and (3) of section

  8  626.935, Florida Statutes, are amended to read:

  9         626.935  Suspension, revocation, or refusal of surplus

10  lines agent's license.--

11         (1)  The department shall deny an application for,

12  suspend, revoke, or refuse to renew the appointment license of

13  a surplus lines agent and all other licenses and appointments

14  held by the licensee under this code, upon any one or more of

15  the following grounds:

16         (a)  Removal of the licensee's office from the state.

17         (b)  Removal of the accounts and records of his or her

18  surplus lines business from this state during the period when

19  such accounts and records are required to be maintained under

20  s. 626.930.

21         (c)  Closure of the licensee's office for a period of

22  more than 30 consecutive days.

23         (d)  Failure to make and file his or her quarterly

24  reports when due as required by s. 626.931.

25         (e)  Failure to pay the tax on surplus lines premiums,

26  as provided for in this Surplus Lines Law.

27         (f)  Failure to maintain the bond as required by s.

28  626.928.

29         (g)  Suspension, revocation, or refusal to renew or

30  continue the license or appointment as a general lines agent,

31  service representative, or managing general agent.


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    CS for SB 1372                                 First Engrossed



  1         (h)  Lack of qualifications as for an original surplus

  2  lines agent's license.

  3         (i)  Violation of this Surplus Lines Law.

  4         (j)  For any other applicable cause for which the

  5  license of a general lines agent could be suspended, revoked,

  6  or refused under s. 626.611.

  7         (2)  The department may, in its discretion, deny an

  8  application for, suspend, revoke, or refuse to renew the

  9  license or appointment of any surplus lines agent upon any

10  applicable ground for which a general lines agent's license

11  could be suspended, revoked, or refused under s. 626.621.

12         (3)  In the suspension or revocation of, or the refusal

13  to issue or renew, the license or appointment of a surplus

14  lines agent, the department shall follow the same procedures,

15  as applicable, as provided for suspension, revocation, or

16  refusal of licenses of general lines agents, but subject to s.

17  626.936 as to failure to file a quarterly report or pay the

18  tax.

19         Section 74.  Subsections (3) and (4) of section

20  626.944, Florida Statutes, are amended to read:

21         626.944  Qualifications for health care risk

22  managers.--

23         (3)  The department shall issue a license and an

24  appointment, beginning on June 1, 1986, to practice health

25  care risk management to any applicant who qualifies under this

26  section and submits the license and appointment fees fee as

27  set forth in s. 624.501.  Licenses and appointments shall be

28  issued and canceled in the same manner as provided in part I

29  of this chapter.

30

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    CS for SB 1372                                 First Engrossed



  1         (4)  The department shall renew a health care risk

  2  manager appointment license in accordance with procedures

  3  prescribed in s. 626.381 for agents in general.

  4         Section 75.  Subsection (3) of section 627.745, Florida

  5  Statutes, is amended to read:

  6         627.745  Mediation of claims.--

  7         (3)(a)  The department shall approve appoint mediators

  8  to conduct mediations pursuant to this section.  All mediators

  9  must file an application under oath for approval as a

10  mediator.

11         (b)  To qualify for approval appointment as a mediator,

12  a person must shall meet the following qualifications:

13         1.  Possess a masters or doctorate degree in

14  psychology, counseling, business, accounting, or economics, be

15  a member of The Florida Bar, be licensed as a certified public

16  accountant, or demonstrate that the applicant for approval

17  appointment has been actively engaged as a qualified mediator

18  for at least 4 years prior to July 1, 1990.

19         2.  Within 4 years immediately preceding the date the

20  application for approval is filed with the department, have

21  completed a minimum of a 40-hour training program approved by

22  the department and successfully passed a final an examination

23  included in the training program and approved by the

24  department.  The training program shall include and address

25  all of the following:

26         a.  Mediation theory.

27         b.  Mediation process and techniques.

28         c.  Standards of conduct for mediators.

29         d.  Conflict management and intervention skills.

30         e.  Insurance nomenclature.

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    CS for SB 1372                                 First Engrossed



  1         Section 76.  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 77.  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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    CS for SB 1372                                 First Engrossed



  1  or solicitor, unless so qualified, licensed, and appointed

  2  therefor under the insurance code.

  3         Section 78.  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 79.  Section 624.412, Florida Statutes, is

23  amended to read:

24         624.412  Deposit of alien insurers.--

25         (1)  An alien insurer shall not have authority to

26  transact insurance in this state unless it has and maintains

27  within the United States as trust deposits with public

28  officials having supervision over insurers, or with trustees,

29  public depositories, or trust institutions approved by the

30  department, assets available for discharge of its United

31  States insurance obligations, which assets shall be in amount


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    CS for SB 1372                                 First Engrossed



  1  not less than the outstanding reserves and other liabilities

  2  of the insurer arising out of its insurance transactions in

  3  the United States together with the amount of surplus as to

  4  policyholders required by s. 624.408 of a domestic stock

  5  insurer transacting like kinds of insurance.

  6         (2)  The amount so held on deposit under subsection (1)

  7  is, for the purposes of this code, deemed to be minimum

  8  surplus of the insurer required to be maintained.

  9         (2)(3)  Any such deposit made in this state shall be

10  held for the protection of the insurer's policyholders or

11  policyholders and creditors in the United States and shall be

12  subject to the applicable provisions of part III of chapter

13  625 and chapter 630.

14         Section 80.  Section 624.4072, Florida Statutes, is

15  created to read:

16         624.4072  Minority owned property and casualty

17  insurers; limited exemption for taxation and assessments.--

18         (1)  A minority business that is at least 51 percent

19  owned by minority persons, as defined in s. 288.703(3),

20  initially issued a certificate of authority in this state as

21  an authorized insurer after May 1, 1998, to write property and

22  casualty insurance shall be exempt, for a period of 5 years

23  from the date of receiving its certificate of authority, from

24  the following taxes and assessments:

25         (a)  Taxes imposed under ss. 624.509, 175.101, and

26  185.08;

27         (b)  Assessments by the Florida Residential Property

28  and Casualty Joint Underwriting Association or by the Florida

29  Windstorm Underwriting Association, as provided under s.

30  627.351, except for emergency assessments collected from

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  1  policyholders pursuant to s. 627.351(2)(b)2.d.(III) and

  2  (6)(b)3.d.

  3         (2)  The provisions of subsection (1) apply only to

  4  residential property insurance policies, including commercial

  5  residential property insurance policies, and only to an

  6  insurer that:

  7         (a)  Has a home or regional office in this state;

  8         (b)  Has permanent employees in this state; and

  9         (c)  Has at least 20 percent of its policies written

10  and located in urban and inner-city areas that are located in

11  a metropolitan statistical area, as defined in 42 U.S.C.

12  12902(5).

13         (3)  The provision of the definition of "minority

14  person" in s. 288.703(3) that requires residency in Florida

15  shall not apply to the term "minority person" as used in this

16  section or s. 627.3511.

17         (4)  This section is repealed effective July 1, 2003.

18         Section 81.  Sections 626.532 and 626.857, Florida

19  Statutes, are repealed.

20         Section 82.  This act shall take effect October 1,

21  1998.

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