House Bill 2075

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







    Florida House of Representatives - 1999                HB 2075

        By Representative Bitner






  1                      A bill to be entitled

  2         An act relating to insurance; amending ss.

  3         626.022, 626.041, 626.051, 626.062, F.S.;

  4         providing an exception from certain insurance

  5         licensing requirements for certified public

  6         accountants acting within the scope of their

  7         profession; providing an effective date.

  8

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

10

11         Section 1.  Paragraph (d) is added to subsection (1) of

12  section 626.022, Florida Statutes, 1998 Supplement, to read:

13         626.022  Scope of part.--

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

15  solicitors, service representatives, adjusters, and insurance

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

17  stock insurers, mutual insurers, reciprocal insurers, and all

18  other types of insurers, except that:

19         (d)  It does not apply to a certified public accountant

20  licensed in this state who is acting within the scope of the

21  practice of public accounting, as defined in chapter 473.

22         Section 2.  Subsection (2) of section 626.041, Florida

23  Statutes, is amended to read:

24         626.041  "General lines agent" defined.--

25         (2)  With respect to any such insurances, no person

26  shall, unless licensed as an agent:

27         (a)  Solicit insurance or procure applications

28  therefor;

29         (b)  In this state receive or receipt for any money on

30  account of or for any insurer, or receive or receipt for money

31  from other persons to be transmitted to any insurer for a

                                  1

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






    Florida House of Representatives - 1999                HB 2075

    522-152-99






  1  policy, contract, or certificate of insurance or any renewal

  2  thereof, although such policy, certificate, or contract is not

  3  signed by him or her as agent or representative of the

  4  insurer;

  5         (c)  Directly or indirectly represent himself or

  6  herself to be an agent of any insurer or as an agent, to

  7  collect or forward any insurance premium, or to solicit,

  8  negotiate, effect, procure, receive, deliver, or forward,

  9  directly or indirectly, any insurance contract or renewal

10  thereof or any endorsement relating to an insurance contract,

11  or attempt to effect the same, of property or insurable

12  business activities or interests, located in this state;

13         (d)  In this state engage or hold himself or herself

14  out as engaging in the business of analyzing or abstracting

15  insurance policies or of counseling or advising or giving

16  opinions (other than as a licensed attorney at law or

17  certified public accountant) relative to insurance or

18  insurance contracts, for fee, commission, or other

19  compensation, other than as a salaried bona fide full-time

20  employee so counseling and advising his or her employer

21  relative to the insurance interests of the employer and of the

22  subsidiaries or business affiliates of the employer. This

23  prohibition does not apply to a certified public accountant

24  licensed in this state who is acting within the scope of the

25  practice of public accounting as defined in chapter 473;

26         (e)  In anywise directly or indirectly make or cause to

27  be made, or attempt to make or cause to be made, any contract

28  of insurance for or on account of any insurer;

29         (f)  If a member of a partnership or association, or a

30  stockholder, officer, or agent of a corporation which holds an

31

                                  2

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






    Florida House of Representatives - 1999                HB 2075

    522-152-99






  1  agency appointment from any insurer, solicit, negotiate, or in

  2  any way directly or indirectly effect insurance contracts; or

  3         (g)  Receive or transmit applications for suretyship,

  4  or receive for delivery bonds founded on applications

  5  forwarded from this state, or otherwise procure suretyship to

  6  be effected by a surety insurer upon the bonds of persons in

  7  this state or upon bonds given to persons in this state.

  8         Section 3.  Subsection (2) of section 626.051, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         626.051  "Life agent" defined.--

11         (2)  Except as provided in s. 626.112(6), with respect

12  to any such insurances or contracts, no person shall, unless

13  licensed as an agent:

14         (a)  Solicit insurance or annuities or procure

15  applications; or

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

17  out as engaging in the business of analyzing or abstracting

18  insurance policies or of counseling or advising or giving

19  opinions to persons relative to insurance or insurance

20  contracts other than:

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

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

23  associations, trustees, employers or other business entities,

24  the subsidiaries and affiliates of each, relative to their

25  interests and those of their members or employees under

26  insurance benefit plans; or.

27         3.  As a certified public accountant licensed in this

28  state who is acting within the scope of public accounting as

29  defined in chapter 473.

30         Section 4.  Subsection (2) of section 626.062, Florida

31  Statutes, 1998 Supplement, is amended to read:

                                  3

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






    Florida House of Representatives - 1999                HB 2075

    522-152-99






  1         626.062  "Health agent" defined.--

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

  3  to such insurance, no person shall, unless licensed as an

  4  agent:

  5         (a)  Solicit insurance or procure applications; or

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

  7  out as engaging in the business of analyzing or abstracting

  8  insurance policies or of counseling or advising or giving

  9  opinions to persons relative to insurance contracts other

10  than:

11         1.  As a consulting actuary advising insurers; or

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

13  associations, trustees, employers or other business entities,

14  the subsidiaries and affiliates of each, relative to their

15  interests and those of their members or employees under

16  insurance benefit plans; or.

17         3.  As a certified public accountant acting within the

18  scope of the practice of public accounting as defined in

19  chapter 473.

20         Section 5.  This act shall take effect July 1, 1999.

21

22            *****************************************

23                          SENATE SUMMARY

24    Exempts from certain insurance licensing requirements
      certified public accountants who are acting within the
25    scope of their profession.

26

27

28

29

30

31

                                  4