Senate Bill 1930c1

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    Florida Senate - 1998                           CS for SB 1930

    By the Committee on Banking and Insurance; and Senator Gutman





    311-2190-98

  1                      A bill to be entitled

  2         An act relating to property, casualty, and

  3         surety insurance; amending s. 626.2815, F.S.;

  4         revising continuing education requirements for

  5         insurance agents; amending s. 627.062, F.S.;

  6         providing standards for determining whether

  7         rates are excessive, inadequate, or unfairly

  8         discriminatory; amending s. 627.171, F.S.;

  9         increasing the percentage of excess rates an

10         insurer may use for commercial insurance

11         policies; setting standards for the use of

12         excess rates; providing an effective date.

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

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16         Section 1.  Subsections (3) and (4) of section

17  626.2815, Florida Statutes, are amended to read:

18         626.2815  Continuing education required; application;

19  exceptions; requirements; penalties.--

20         (3)(a)  Each person subject to the provisions of this

21  section must, except as set forth in paragraphs (b) and (c),

22  complete a minimum of 28 hours of continuing education courses

23  every 3 2 years in basic or higher-level courses prescribed by

24  this section or in other courses approved by the department.

25         (b)  For compliance periods beginning on January 1,

26  1998, a person who has been licensed for a period of 6 or more

27  years must complete 20 hours every 3 2 years in intermediate

28  or advanced-level courses prescribed by this section or in

29  other courses approved by the department.

30         (c)  A licensee who has been licensed for 25 years or

31  more and is a CLU or a CPCU or has a Bachelor of Science

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    Florida Senate - 1998                           CS for SB 1930
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  1  degree in risk management or insurance with evidence of 18 or

  2  more semester hours in upper-level insurance-related courses

  3  must complete 14 hours of continuing education courses every 3

  4  2 years in courses prescribed by this section or in other

  5  courses approved by the department, except, for compliance

  6  periods beginning January 1, 1998, the licensees described in

  7  this paragraph shall be required to complete 10 hours of

  8  continuing education courses every 3 2 years.

  9         (d)  Any person who holds a license as a customer

10  representative, limited customer representative,

11  administrative agent, title agent, solicitor, motor vehicle

12  physical damage and mechanical breakdown insurance agent, crop

13  or hail and multiple-peril crop insurance agent, or as an

14  industrial fire insurance or burglary insurance agent and who

15  is not a licensed life or health insurance agent, shall be

16  required to complete 14 hours of continuing education courses

17  every 3 2 years, except, for compliance periods beginning on

18  January 1, 1998, each licensee subject to this paragraph shall

19  be required to complete 10 hours of continuing education

20  courses every 3 2 years.

21         (e)  Any person who holds a license to solicit or sell

22  life or health insurance and a license to solicit or sell

23  property, casualty, surety, or surplus lines insurance must

24  complete the continuing education requirements by completing

25  courses in life or health insurance for one-half of the total

26  hours required and courses in property, casualty, surety, or

27  surplus lines insurance for one-half of the total hours

28  required. However, a licensee who holds an industrial fire or

29  burglary insurance license and who is a licensed life or

30  health agent shall be required to complete 4 hours of

31  continuing education courses every 3 2 years related to

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    Florida Senate - 1998                           CS for SB 1930
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  1  industrial fire or burglary insurance and the remaining number

  2  of hours of continuing education courses required related to

  3  life or health insurance.

  4         (f)  Compliance with continuing education requirements

  5  is a condition precedent to the issuance, continuation,

  6  reinstatement, or renewal of any appointment subject to this

  7  section.

  8         (g)  A person teaching any approved course of

  9  instruction or lecturing at any approved seminar and attending

10  the entire course or seminar shall qualify for the same number

11  of classroom hours as would be granted to a person taking and

12  successfully completing such course, seminar, or program.

13  Credit shall be limited to the number of hours actually taught

14  unless a person attends the entire course or seminar.  Any

15  person who is an official of or employed by any governmental

16  entity in this state and serves as a professor, instructor, or

17  in any other position or office the duties and

18  responsibilities of which are determined by the department to

19  require monitoring and review of insurance laws or insurance

20  regulations and practices shall be exempt from this section.

21         (h)  Excess classroom hours accumulated during any

22  compliance period may be carried forward to the next

23  compliance period.

24         (i)  For good cause shown, the department may grant an

25  extension of time during which the requirements imposed by

26  this section may be completed, but such extension of time may

27  not exceed 1 year.

28         (j)  A nonresident who must complete continuing

29  education requirements in his or her home state may use the

30  home state requirements to meet this state's continuing

31  education requirements as well, if the resident's state

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    Florida Senate - 1998                           CS for SB 1930
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  1  recognizes reciprocity with this state's continuing education

  2  requirements. A nonresident whose home state does not have a

  3  continuing education requirement but is licensed for the same

  4  class of business in another state which does have a

  5  continuing education requirement may comply with this section

  6  by furnishing proof of compliance with the other state's

  7  requirement if that state has a reciprocal agreement with this

  8  state relative to continuing education. A nonresident whose

  9  home state does not have such continuing education

10  requirements, and who is not licensed as a nonresident agent

11  in a state that has continuing education requirements and

12  reciprocates with this state, must meet the continuing

13  education requirements of this state.

14         (4)  The following courses may be completed in order to

15  meet the continuing education course requirements:

16         (a)  Any part of the Life Underwriter Training Council

17  Life Course Curriculum:  28 hours; Health Course: 14 hours.

18         (b)  Any part of the American College "CLU" diploma

19  curriculum: 28 hours.

20         (c)  Any part of the Insurance Institute of America's

21  program in general insurance:  14 hours.

22         (d)  Any part of the American Institute for Property

23  and Liability Underwriters' Chartered Property Casualty

24  Underwriter (CPCU) professional designation program:  28

25  hours.

26         (e)  Any part of the Certified Insurance Counselor

27  program: 21 hours.

28         (f)  Any part of the Accredited Advisor in Insurance:

29  21 hours.

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    Florida Senate - 1998                           CS for SB 1930
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  1         (g)  In the case of title agents, completion of the

  2  Certified Land Closer (CLC) professional designation program

  3  and receipt of the designation: 28 hours.

  4         (h)  In the case of title agents, completion of the

  5  Certified Land Searcher (CLS) professional designation program

  6  and receipt of the designation: 28 hours.

  7         (i)  Any insurance-related course which is approved by

  8  the department and taught by an accredited college or

  9  university per credit hour granted:  14 hours.

10         (j)  Any course, including courses relating to agency

11  management or errors and omissions, developed or sponsored by

12  any authorized insurer or recognized agents' association or

13  insurance trade association or any independent study program

14  of instruction, subject to approval by the department,

15  qualifies for the equivalency of the number of classroom hours

16  assigned thereto by the department.  However, unless otherwise

17  provided in this section, continuing education hours may not

18  be credited toward meeting the requirements of this section

19  unless the course is provided by classroom instruction or

20  results in a monitored examination.

21         (k)  For insurance agents who are also members of The

22  Florida Bar, any insurance-related course that is approved by

23  the department and approved by The Florida Bar for continuing

24  education credit for attorneys.

25         (l)(k)  Each person or entity sponsoring a course for

26  continuing education credit must furnish, within 30 days after

27  completion of the course, in a form satisfactory to the

28  department or its designee, a written and certified roster

29  showing the name and license number of all persons

30  successfully completing such course and requesting credit,

31  accompanied by the required fee.

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    Florida Senate - 1998                           CS for SB 1930
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  1         Section 2.  Paragraph (e) of subsection (2) of section

  2  627.062, Florida Statutes, is amended to read:

  3         627.062  Rate standards.--

  4         (2)  As to all such classes of insurance:

  5         (e)  After consideration of the rate factors provided

  6  in paragraphs (b), (c), and (d), a rate may be found by the

  7  department to be excessive, inadequate, or unfairly

  8  discriminatory based upon the following standards:

  9         1.  Rates shall be deemed excessive if they are likely

10  to produce a profit from Florida business that is unreasonably

11  high in relation to the risk involved in the class of business

12  or if expenses are unreasonably high in relation to services

13  rendered.

14         2.  Rates shall be deemed excessive if, among other

15  things, the rate structure established by a stock insurance

16  company provides for replenishment of surpluses from premiums,

17  when the replenishment is attributable to investment losses.

18         3.  Rates shall be deemed inadequate if they are

19  clearly insufficient, together with the investment income

20  attributable to them, to sustain projected losses and expenses

21  in the class of business to which they apply.

22         4.  A rating plan, including discounts, credits, or

23  surcharges, shall be deemed unfairly discriminatory if it

24  fails to clearly and equitably reflect consideration of the

25  policyholder's participation in a risk management program

26  adopted pursuant to s. 627.0625.

27         5.  A rate shall be deemed inadequate as to the premium

28  charged to a risk or group of risks if discounts or credits

29  are allowed which exceed a reasonable reflection of expense

30  savings and reasonably expected loss experience from the risk

31  or group of risks.

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    Florida Senate - 1998                           CS for SB 1930
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  1         6.  A rate shall be deemed unfairly discriminatory as

  2  to a risk or group of risks if the application of premium

  3  discounts, credits, or surcharges among such risks does not

  4  bear a reasonable relationship to the expected loss and

  5  expense experience among the various risks.

  6         7.  With respect to commercial property and casualty

  7  insurance, other than workers' compensation and residential

  8  property insurance, insurers or insurer groups must maintain

  9  supporting information, including the premiums, paid losses,

10  reserved losses, and allocated loss adjustment expenses paid

11  or reserved, for analysis of subjective discount, credit or

12  surcharge rate modifications, and the expected loss and

13  expense experience for the exposures. Insurers who are

14  affiliated with a licensed rating organization for filing

15  purposes and use the rating organization's schedule rating

16  plan may rely upon that organization. The experience must be

17  accumulated in at least three categories, including debit

18  rated risks, credit rated risks, and risks rated at the manual

19  level. Generally accepted actuarial procedures shall be used

20  in the analysis of this experience. Each insurer shall

21  consider its analysis of this experience in each base rate

22  filing made with the department. Insurers may not be required

23  to file reports on the application of filed and approved

24  discounts, credits, and surcharges for individual policies or

25  for all policies in any line of insurance subject to the

26  provisions of this subparagraph in the aggregate and may not

27  be limited by rules that limit the amount of discounts,

28  credits, or surcharges for individual policies or for all

29  policies in any line of insurance subject to the provisions of

30  this subparagraph in the aggregate. This subparagraph does not

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    Florida Senate - 1998                           CS for SB 1930
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  1  prohibit the department from requiring the filing of the

  2  analysis required by this subsection in a base rate filing.

  3         Section 3.  Section 627.171, Florida Statutes, is

  4  amended to read:

  5         627.171  Excess rates.--

  6         (1)  With written consent of the insured signed prior

  7  to the policy inception date and filed with the insurer, the

  8  insurer may use a rate in excess of the otherwise applicable

  9  filed rate on any specific risk.  The signed consent form must

10  include the filed rate as well as the excess rate for the risk

11  insured and a copy of the form must be maintained by the

12  insurer for 3 years and be available for review by the

13  department.

14         (2)  An insurer may not use excess rates pursuant to

15  this section for more than 20 10 percent of its commercial

16  insurance policies written or renewed in each calendar year

17  for any line of commercial insurance or for more than 5

18  percent of its personal lines insurance policies written or

19  renewed in each calendar year for any line of personal

20  insurance.

21         (3)  An insurer may not use an excess rate pursuant to

22  this section unless the rate is based on underwriting

23  considerations and is not based on arbitrary or unfairly

24  discriminatory considerations.

25         Section 4.  This act shall take effect October 1, 1998.

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    Florida Senate - 1998                           CS for SB 1930
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1930

  3

  4  Revises the provisions relating to discounts, credits, and
    surcharges, to limit the application of the bill to commercial
  5  property and casualty insurance policies, except workers'
    compensation and residential property insurance policies.
  6
    Requires insurers writing commercial property and casualty
  7  insurance policies to maintain certain data for analysis of
    subjective discounts, credits, or surcharges and to consider
  8  its analysis of this experience in each base rate filing made
    with the department.
  9
    Lowers continuing education requirements for insurance agents,
10  by extending the time period from two years to three years,
    within which an insurance agent must complete the required
11  number of hours of continuing education.

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