CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 766
Amendment No. 1
CHAMBER ACTION
Senate House
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11 The Committee on Banking and Insurance recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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
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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
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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
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SENATE AMENDMENT
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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.
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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
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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.
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