CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 766

    Amendment No. 1

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  The Committee on Banking and Insurance recommended the

12  following amendment:

13

14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 626.2816, Florida Statutes, is

19  created to read:

20         626.2816  Regulation of continuing education for

21  licensees, course providers, instructors, school officials and

22  monitor groups.--

23         (1)  Continuing education course providers,

24  instructors, school officials and monitor groups must be

25  approved by the department before offering continuing

26  education courses pursuant to s. 626.2815.

27         (2)  The department shall adopt rules establishing

28  standards for the approval, regulation, and operation of the

29  continuing education programs and for the discipline of

30  licensees, course providers, instructors, school officials and

31  monitor groups. The standards must be designed to ensure that

                                  1
    11:19 AM   02/18/98                                s0766.bi.01




                                                  SENATE AMENDMENT

    Bill No. SB 766

    Amendment No. 1





 1  such course providers, instructors, school officials and

 2  monitor groups have the knowledge, competence and integrity to

 3  fulfill the educational objectives of ss. 626.2815,

 4  626.869(5), 648.385, and 648.386.

 5         (3)  The department shall adopt rules establishing a

 6  process by which compliance with the continuing education

 7  requirements of ss. 626.2815, 626.869(5), 648.385, and 648.386

 8  can be determined, the establishment of a continuing education

 9  requirement cycle for licensees, and forms necessary to

10  implement such a process.

11         Section 2.  Subsection (1) of section 626.601, Florida

12  Statutes, is amended to read:

13         626.601  Improper conduct; inquiry; fingerprinting.--

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

15  shall, upon a written complaint signed by any interested

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

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

18  service representative, managing general agent, continuing

19  education course provider, instructor, school official or

20  monitor group, or claims investigator under this code.

21         Section 3.  Section 626.681, Florida Statutes, is

22  amended to read:

23         626.681  Administrative fine in lieu of suspension,

24  revocation, or refusal of license, or appointment, or

25  disapproval.--

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

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

28  revocation, or refusal to renew or continue any license or

29  appointment issued under this chapter, or disapproval of a

30  continuing education course provider, instructor, school

31  official or monitor groups the department may, in its

                                  2
    11:19 AM   02/18/98                                s0766.bi.01




                                                  SENATE AMENDMENT

    Bill No. SB 766

    Amendment No. 1





 1  discretion, in lieu of such suspension, revocation, or

 2  refusal, or disapproval, and except on a second offense or

 3  when such suspension, revocation, or refusal is mandatory,

 4  impose upon the licensee, or appointee, course provider,

 5  instructor, school official or monitor group an administrative

 6  penalty in an amount up to $500 or, if the department has

 7  found willful misconduct or willful violation on the part of

 8  the licensee, or appointee, course provider, instructor,

 9  school official or monitor group up to $2,500.  The

10  administrative penalty may, in the discretion of the

11  department, be augmented by an amount equal to any commissions

12  received by or accruing to the credit of the licensee or

13  appointee in connection with any transaction as to which the

14  grounds for suspension, revocation, or refusal related.

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

16  department finds that one or more grounds exist for the

17  suspension, revocation, or refusal to renew or continue any

18  license issued under this chapter, the department may, in its

19  discretion, in lieu of such suspension, revocation, or

20  refusal, impose upon the licensee an administrative penalty in

21  an amount not to exceed $10,000 per violation.  The

22  administrative penalty may, in the discretion of the

23  department, be augmented by an amount equal to any commissions

24  received by or accruing to the credit of the licensee in

25  connection with any transaction as to which the grounds for

26  suspension, revocation, or refusal related.

27         (3)  The department may allow the licensee, or

28  appointee, or continuing education course provider,

29  instructor, school official or monitor group a reasonable

30  period, not to exceed 30 days, within which to pay to the

31  department the amount of the penalty so imposed.  If the

                                  3
    11:19 AM   02/18/98                                s0766.bi.01




                                                  SENATE AMENDMENT

    Bill No. SB 766

    Amendment No. 1





 1  licensee, or appointee, course provider, instructor, school

 2  official or monitor group fails to pay the penalty in its

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

 4  license, or appointments, or approval of that person the

 5  licensee or appointee shall stand suspended or revoked or

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

 7  upon expiration of such period.

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 1, lines 4-15, delete those lines

13

14  and insert:

15         course providers and related personnel to be

16         approved by the Department of Insurance;

17         providing for the adoption of rules related to

18         continuing education; amending s. 626.601,

19         F.S.; providing for the department to

20         investigate alleged improper conduct by

21         continuing education course providers and

22         related personnel; amending s. 626.681, F.S.;

23         authorizing the Department of Insurance to

24         impose an administrative penalty on continuing

25         education course providers and related

26         personnel under certain circumstances;

27         providing an effective date.

28

29

30

31

                                  4
    11:19 AM   02/18/98                                s0766.bi.01