Senate Bill 1416
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Florida Senate - 1998 SB 1416
By Senators Gutman and McKay
26-1431-98
1 A bill to be entitled
2 An act relating to insurance; amending s.
3 626.112, F.S.; prohibiting a person from
4 transacting health insurance unless licensed
5 and appointed; amending s. 626.321, F.S.;
6 providing that a full-time salaried employee of
7 a common carrier or of a transportation ticket
8 agency that rents or leases motor vehicles who
9 holds a limited insurance license may write
10 motor vehicle liability insurance providing
11 coverage greater than the standard liability
12 limits provided by a lessor in its lease to a
13 person renting or leasing a motor vehicle from
14 the licensee's employer; amending s. 627.410,
15 F.S.; providing that the forms of certain
16 health insurance policies or applications need
17 not be approved by the Department of Insurance;
18 providing an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Present subsections (3), (4), (5), (6),
23 (7), and (8) of section 626.112, Florida Statutes, are
24 redesignated as subsections (4), (5), (6), (7), (8), and (9)
25 respectively and a new subsection (3) is added to that section
26 to read:
27 626.112 License and appointment required; agents,
28 customer representatives, solicitors, adjusters, insurance
29 agencies, service representatives, managing general agents,
30 claims investigators.--
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Florida Senate - 1998 SB 1416
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1 (3) A person may not transact health insurance
2 pursuant to s. 627.410(2) unless he or she is licensed and
3 appointed.
4 Section 2. Paragraph (d) of subsection (1) of section
5 626.321, Florida 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 (d) and (e), a license as agent authorized to
10 transact a limited class of business in any of the following
11 categories:
12 (d) Baggage and motor vehicle excess liability
13 insurance.--
14 1. License covering only insurance of personal effects
15 except as provided in subparagraph 2. The license may be
16 issued only:
17 a. To a full-time salaried employee of a common
18 carrier or a full-time salaried employee or owner of a
19 transportation ticket agency, which person is engaged in the
20 sale or handling of transportation of baggage and personal
21 effects of travelers, and may authorize the sale of such
22 insurance only in connection with such transportation; or
23 b. To the full-time salaried employee of a licensed
24 general lines agent, a full-time salaried employee of a
25 business which offers motor vehicles for rent or lease, or to
26 a business office of a business which offers motor vehicles
27 for rent or lease if insurance sales activities authorized by
28 the license are limited to full-time salaried employees.
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30 The purchaser of baggage insurance shall be provided written
31 information disclosing that the insured's homeowner's policy
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Florida Senate - 1998 SB 1416
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1 may provide coverage for loss of personal effects and that the
2 purchase of such insurance is not required in connection with
3 the purchase of tickets or in connection with the lease or
4 rental of a motor vehicle.
5 2. A business office licensed pursuant to subparagraph
6 1., or a person licensed pursuant to subparagraph 1. who is a
7 full-time salaried employee of a business which offers motor
8 vehicles for rent or lease, may include lessees under a master
9 contract providing coverage to the lessor or may transact
10 excess motor vehicle liability insurance providing coverage
11 greater than in excess of the standard liability limits
12 provided by the lessor in its lease to a person renting or
13 leasing a motor vehicle from the licensee's employer for
14 liability arising in connection with the negligent operation
15 of the leased or rented motor vehicle, provided that the lease
16 or rental agreement is for not more than 30 days; that the
17 lessee is not provided coverage for more than 30 consecutive
18 days per lease period, and, if the lease is extended beyond 30
19 days, the coverage may be extended one time only for a period
20 not to exceed an additional 30 days; that the lessee is given
21 written notice that his or her personal insurance policy
22 providing coverage on an owned motor vehicle may provide
23 additional excess coverage; and that the purchase of the
24 insurance is not required in connection with the lease or
25 rental of a motor vehicle. The excess liability insurance may
26 be provided to the lessee as an additional insured on a policy
27 issued to the licensee's employer.
28 3. A business office licensed pursuant to subparagraph
29 1., or a person licensed pursuant to subparagraph 1. who is a
30 full-time salaried employee of a business which offers motor
31 vehicles for rent or lease, may, as an agent of an insurer,
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Florida Senate - 1998 SB 1416
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1 transact insurance that provides coverage for the liability of
2 the lessee to the lessor for damage to the leased or rented
3 motor vehicle if:
4 a. The lease or rental agreement is for not more than
5 30 days; or the lessee is not provided coverage for more than
6 30 consecutive days per lease period, but, if the lease is
7 extended beyond 30 days, the coverage may be extended one time
8 only for a period not to exceed an additional 30 days;
9 b. The lessee is given written notice that his
10 personal insurance policy that provides coverage on an owned
11 motor vehicle may provide such coverage with or without a
12 deductible; and
13 c. The purchase of the insurance is not required in
14 connection with the lease or rental of a motor vehicle.
15 Section 3. Present subsections (2) through (8) of
16 section 627.410, Florida Statutes, are redesignated as
17 subsections (3) through (9), respectively, and a new
18 subsection (2) is added to that section to read:
19 627.410 Filing, approval of forms.--
20 (2) This section does not apply to health insurance
21 policies or applications delivered or issued for delivery in
22 this state to residents of foreign countries by insurers
23 authorized to transact insurance in this state.
24 Section 4. This act shall take effect upon becoming a
25 law.
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Florida Senate - 1998 SB 1416
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2 SENATE SUMMARY
3 Prohibits a person from transacting health insurance
unless licensed and appointed. Authorizes a full-time
4 salaried employee of a common carrier or of a
transportation ticket agency that rents or leases motor
5 vehicles who holds a limited insurance license to write
motor vehicle liability coverage greater than the
6 standard liability limits provided by a lessor in its
lease to a person renting or leasing a motor vehicle from
7 the licensee's employer. Provides that the filing and
approval of forms prescribed in s. 627.410, F.S., does
8 not apply to health insurance policies or applications
delivered or issued for delivery in this state to
9 residents of foreign countries by insurers authorized to
transact insurance in this state.
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