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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Insurance offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (6) is added to section 386.205,

18  Florida Statutes, to read:

19         386.205  Designation of smoking areas.--

20         (6)  Each state agency may adopt rules for

21  administering this section which take into consideration the

22  provisions of this part.

23         Section 2.  Section 554.115, Florida Statutes, is

24  amended to read:

25         554.115  Disciplinary proceedings.--

26         (1)  The department may suspend or revoke a certificate

27  of compliance upon proof that:

28         (a)  The certificate has been obtained by fraud or

29  misrepresentation;

30         (b)  The boiler for which the certificate was issued

31  cannot be operated safely; or

                                  1

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1         (c)  The person who received the certificate willfully

 2  or deliberately violated the State Boiler Code or ss.

 3  554.1011-554.115 or any rule adopted pursuant to ss.

 4  554.1011-554.115.

 5         (2)  The department may suspend or revoke a certificate

 6  of competency upon proof that:

 7         (a)  The certificate was obtained by fraud or

 8  misrepresentation; or

 9         (b)  The inspector to whom the certificate was issued

10  is no longer qualified under ss. 554.1011-554.115 to inspect

11  boilers; or.

12         (c)  The inspector:

13         1.  Operated a boiler at a public assembly location

14  without a valid certificate of compliance for that boiler;

15         2.  Gave false or forged information to the department

16  or to another boiler inspector for the purpose of obtaining a

17  certificate of compliance;

18         3.  Used a certificate of compliance for any boiler

19  other than the boiler for which it was issued;

20         4.  Operated a boiler for which the certificate of

21  compliance has been suspended or revoked or has expired;

22         5.  Inspected any boiler regulated under ss.

23  554.1011-554.115 without having obtained a valid certificate

24  of competency;

25         6.  Operated a boiler that is in an unsafe condition;

26  or

27         7.  Operated a boiler in a manner that is contrary to

28  the requirements of this chapter or any rule adopted under

29  this chapter.

30         (3)  Each suspension of a certificate of compliance or

31  certificate of competency shall continue in effect until all

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1  violations have been corrected and, for boiler safety

 2  violations, until the boiler has been inspected and shown to

 3  be in a safe condition.

 4         (4)  A person in violation of this section who does not

 5  have a valid certificate of competency shall be reported by

 6  the chief inspector to the appropriate state attorney.

 7         (5)  A person in violation of this section who has a

 8  valid certificate of competency is subject to administrative

 9  action by the chief inspector.

10         (6)  A revocation of a certificate of competency is

11  permanent and a revoked certificate of competency may not be

12  reinstated or a new certificate of competency issued to the

13  same person. A suspension of a certificate of competency

14  continues in effect until all violations have been corrected.

15  A suspension of a certificate of compliance for any boiler

16  safety violation continues in effect until the boiler has been

17  inspected by an authorized inspector and shown to be in safe

18  working condition.

19         Section 3.  Section 624.4135, Florida Statutes, is

20  created to read:

21         624.4135  Redomestication.--The department shall adopt

22  rules establishing procedures and forms for a foreign insurer

23  to apply for a certificate of authority as a domestic insurer.

24         Section 4.  Subsection (11) is added to section

25  625.305, Florida Statutes, to read:

26         625.305  Diversification.--

27         (11)  Every domestic life insurance company which

28  issues variable annuity contracts shall be permitted to invest

29  and reinvest amounts received in connection with such variable

30  contracts in common stocks, subject to the following

31  limitations:

                                  3

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1         (a)  All such common stock investments shall be in

 2  stock which is listed or admitted to trading on a securities

 3  exchange located in the United States of America, or which is

 4  publicly held and has been traded in the "over the counter

 5  market" for not less than one year preceding the date of

 6  purchase of such stock and as to which stock market quotations

 7  have been readily available for such one year period.

 8         (b)  No domestic life insurance company which issues

 9  variable annuity contracts shall invest more than five percent

10  of all of the amounts received in connection with such

11  contracts in the securities of any one corporation or insurer.

12         (c)  No domestic life insurance company which issues

13  variable annuity contracts shall as a result of investing any

14  or all of the amounts received in connection with such

15  contracts, beneficially own or hold, together with the

16  investments permitted under s. 625.305(2)(a), more than

17  fifteen percent of the outstanding securities of any one

18  corporation or issuer.  Any foreign life insurance company

19  which issues variable annuity contracts in this state and

20  which invests the amounts received in connection with such

21  contracts in accordance with the laws of its state of

22  domicile, shall be held to be in compliance with this section.

23         (d)  No domestic life insurance company shall invest in

24  the common stock of any corporation if such investment shall

25  create a conflict of interest between officers and directors

26  of the investing company and those of the corporation whose

27  stock is purchased.

28         Section 5.  Section 625.765, Florida Statutes, is

29  created to read:

30         625.765  Exemptions from ss. 625.75 and 625.76.--The

31  department may adopt by rule exemptions from ss. 625.75 and

                                  4

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1  625.76 for transactions that are not subject to s. 628.461 and

 2  that are the result of proceedings in probate, incompetency,

 3  or bankruptcy; sales of securities by odd-lot securities

 4  dealers; small transactions by gift which do not exceed $3,000

 5  over any 6-month period; transactions that are effected in

 6  connection with the distribution of a substantial block of

 7  securities; acquisitions of shares of stock and stock options

 8  under a stock bonus plan, stock option plan, or similar plan;

 9  securities acquired by redeeming other securities by an

10  insurer; consolidations or mergers of insurers that hold over

11  85 percent of the companies being merged or consolidated;

12  acquisitions or dispositions of an equity security involved in

13  the deposit of the security under, or the withdrawal of the

14  security from, a voting trust or deposit agreement; and

15  conversions of an insurer's equity securities into another

16  equity security of the same insurer. The department may limit

17  by rule the scope of exemptions and provide conditions for

18  exemptions as necessary to maintain the purpose and intent of

19  ss. 625.75 and 625.76 and prevent the circumvention of ss.

20  625.75 and 625.76.

21         Section 6.  Section 626.2817, Florida Statutes, is

22  created to read:

23         626.2817  Regulation of course providers, instructors,

24  school officials, and monitor groups involved in prelicensure

25  education for insurance agents and other licensees.--

26         (1)  Any course provider, instructor, school official,

27  or monitor group must be approved by and registered with the

28  department before offering prelicensure education courses for

29  insurance agents and other licensees.

30         (2)  The department shall adopt rules establishing

31  standards for the approval, registration, discipline, or

                                  5

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1  removal from registration of course providers, instructors,

 2  school officials, and monitor groups. The standards must be

 3  designed to ensure that course providers, instructors, school

 4  officials, and monitor groups have the knowledge, competence,

 5  and integrity to fulfill the educational objectives of the

 6  prelicensure requirements of this chapter and chapter 648 and

 7  to assure that insurance agents and licensees are competent to

 8  engage in the activities authorized under the license.

 9         (3)  The department shall adopt rules to establish a

10  process for determining compliance with the prelicensure

11  requirements of this chapter and chapter 648 and shall

12  establish a prelicensure cycle for insurance agents and other

13  licensees. The department shall adopt rules prescribing the

14  forms necessary to administer the prelicensure requirements.

15         Section 7.  Subsection (3) is added to section

16  626.7353, Florida Statutes, to read:

17         626.7353  Appointment of customer representatives.--

18         (3)  The department shall prescribe by rule forms to

19  administer this section.

20         Section 8.  Paragraph (c) of subsection (2) of section

21  627.062, Florida Statutes, is amended to read:

22         627.062  Rate standards.--

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

24         (c)  In the case of fire insurance rates, consideration

25  shall be given to the availability of water supplies and the

26  experience of the fire insurance business during a period of

27  not less than the most recent 5-year period for which such

28  experience is available.

29

30  The provisions of this subsection shall not apply to workers'

31  compensation and employer's liability insurance and to motor

                                  6

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1  vehicle insurance.

 2         Section 9.  Paragraph (a) of subsection (2) of section

 3  627.429, Florida Statutes, is amended to read:

 4         627.429  Medical tests for human immunodeficiency virus

 5  infection and acquired immune deficiency syndrome for

 6  insurance purposes.--

 7         (2)  SCOPE.--

 8         (a)  This section applies to all insurance policies,

 9  and the underwriting thereof, which are issued in this state

10  or are issued outside this state pursuant to s. 627.5515 or s.

11  627.6515 covering residents of this state; to prepaid limited

12  health organizations; and to multiple-employer welfare

13  arrangements defined in s. 624.437. For the purposes of this

14  section, "insurer" includes authorized multiple-employer

15  welfare arrangements.

16         Section 10.  Subsection (11) is added to section

17  627.481, Florida Statutes, to read:

18         627.481  Requirements for certain annuity agreements.--

19         (11)  The department shall adopt rules and forms for

20  the filing of annual statements and agreements pertaining to

21  donor annuity organizations.

22         Section 11.  Section 627.7276, Florida Statutes, is

23  created to read:

24         627.7276  Notice of limited coverage.--An automobile

25  policy that does not contain coverage for bodily injury and

26  property damage must be clearly stamped or printed to the

27  effect that such coverage is not included in the policy in the

28  following manner:

29

30         "THIS POLICY DOES NOT PROVIDE BODILY INJURY AND

31         PROPERTY DAMAGE LIABILITY INSURANCE OR ANY

                                  7

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1         OTHER COVERAGE FOR WHICH A SPECIFIC PREMIUM

 2         CHARGE IS NOT MADE, AND DOES NOT COMPLY WITH

 3         ANY FINANCIAL RESPONSIBILITY LAW."

 4

 5  This legend must appear on the policy declaration page and on

 6  the filing back of the policy and shall be printed in a

 7  contrasting color from that used on the policy and in type

 8  larger than the largest type used in the text thereof, either

 9  as an overprint or by a rubber-stamp impression.

10         Section 12.  Subsection (5) is added to section

11  627.7282, Florida Statutes, to read:

12         627.7282  Notice of additional premium; cancellation

13  upon nonpayment.--

14         (5)  The department may adopt rules prescribing the

15  format of the notice.

16         Section 13.  Section 627.796, Florida Statutes, is

17  created to read:

18         627.796  Errors and omissions policy requirements.--A

19  title insurance policy may not be issued from a search

20  performed by any person other than a title insurance agent, or

21  an employee of a title insurer or title insurance agency,

22  unless that person has in effect an errors and omissions

23  policy that has minimum coverage limits of $250,000 and a

24  deductible that does not exceed $10,000.

25         Section 14.  Section 627.797, Florida Statutes, is

26  created to read:

27         627.797  Exempt agent list.--

28         (1)  Every insurer shall file with the department a

29  list containing the name and address of each appointed agent

30  who is exempt from licensure under s. 626.8417(4) and who

31  issues or countersigns binders, commitments, title insurance

                                  8

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1  policies, or guarantees of title.

 2         (2)  Each month thereafter, the insurer shall report to

 3  the department the name and address of any nonlicensed agent

 4  whose appointment is granted or terminated.

 5         Section 15.  Section 627.798, Florida Statutes, is

 6  created to read:

 7         627.798  Rulemaking authority.--The department shall by

 8  rule adopt a form to be used to provide notice to a

 9  purchaser-mortgagor that the purchaser-mortgagor is not

10  protected by the title policy of the mortgagee.

11         Section 16.  Section 627.8405, Florida Statutes, is

12  amended to read:

13         627.8405  Prohibited acts; financing companies.--No

14  premium finance company shall, in a premium finance agreement

15  or other agreement, finance the cost of or otherwise provide

16  for the collection or remittance of dues, assessments, fees,

17  or other periodic payments of money for the cost of:

18         (1)  A membership in an automobile club. The term

19  "automobile club" means a legal entity which, in consideration

20  of dues, assessments, or periodic payments of money, promises

21  its members or subscribers to assist them in matters relating

22  to the ownership, operation, use, or maintenance of a motor

23  vehicle; however, this definition of "automobile club" does

24  not include persons, associations, or corporations which are

25  organized and operated solely for the purpose of conducting,

26  sponsoring, or sanctioning motor vehicle races, exhibitions,

27  or contests upon racetracks, or upon racecourses established

28  and marked as such for the duration of such particular events.

29  The words "motor vehicle" used herein have the same meaning as

30  defined in chapter 320.

31         (2)  An accidental death and dismemberment policy sold

                                  9

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1  in combination with a personal injury protection and property

 2  damage only policy.

 3         (3)  Any product not regulated under the provisions of

 4  this insurance code.

 5

 6  This section also applies to premium financing by any

 7  insurance agent or insurance company under part XVI. The

 8  department shall adopt promulgate rules to assure disclosure,

 9  at the time of sale, of coverages financed with personal

10  injury protection and shall prescribe the form of such

11  disclosure.

12         Section 17.  Subsection (3) is added to section

13  627.848, Florida Statutes, to read:

14         627.848  Cancellation of insurance contract upon

15  default.--

16         (3)  The department shall adopt a standard cancellation

17  notice for use by premium finance companies in canceling

18  insurance policies. The department shall specify the color of

19  the notice so as to promote usability and standardization.

20         Section 18.  Section 627.955, Florida Statutes, is

21  created to read:

22         627.955  Limitation on deductibles.--A purchasing group

23  may not purchase insurance that provides for a deductible or

24  self-insured retention that is applicable to the group as a

25  whole. However, coverage may provide for a deductible or

26  self-insured retention that is applicable to individual

27  members.

28         Section 19.  Subsection (3) is added to section

29  635.071, Florida Statutes, to read:

30         635.071  Filings, approval of forms; rate filings.--

31         (3)  An insurer may not insure mortgages that are

                                  10

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1  offered for sale to the public by advertisement, whether in

 2  newspapers, brochures, direct mailings, or similar media, if

 3  the advertisement expressly or impliedly represents or

 4  stresses that the worth, value, or safety of the mortgage

 5  investment arises by virtue of the proposed mortgage guaranty

 6  insurance rather than by virtue of the safety inherent in the

 7  value of the underlying security as it relates to the face

 8  value of the mortgage debt, or if the advertisement stresses

 9  the fact that the mortgage guaranty insurance is regulated by

10  an agency of the state or Federal Government.

11         Section 20.  Section 648.4425, Florida Statutes, is

12  amended to read:

13         648.4425  Notice.--Upon issuing a bond, the bail bond

14  agent shall provide to the principal and, if applicable, to

15  the party rendering collateral or indemnifying the principal

16  an informational notice which shall include:

17         (1)  A statement noting with particularity the

18  restrictions, if any, placed on the principal as a condition

19  of the bond;

20         (2)  A statement of the bail bond agent's powers

21  relating to the cancellation of the bond and recommitment of

22  the principal; and

23         (3)  The name, address, and telephone number of the

24  department for complaints or inquiries.

25

26  The department shall prescribe forms to administer this

27  section.

28         Section 21.  Subsection (4) is added to section

29  791.015, Florida Statutes, to read:

30         791.015  Registration of manufacturers, distributors,

31  wholesalers, and retailers of sparklers.--

                                  11

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1         (4)  RULES.--The State Fire Marshal may adopt rules

 2  establishing a form to be used by entities wishing to do

 3  business in this state pursuant to this section.

 4         Section 22.  This act shall take effect July 1, 2000.

 5

 6

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

 8  And the title is amended as follows:

 9         On page 1, line 12 through page 5, line 30

10  remove from the title of the bill:  all of said lines

11

12  and insert in lieu thereof:

13         actions; creating s. 624.4135, F.S.; requiring

14         that the department adopt rules governing

15         applications by foreign insurers for a

16         certificate of authority as a domestic insurer;

17         amending s. 625.305, F.S.; establishing

18         limitations relating to certain investments by

19         domestic life insurers; creating s. 625.765,

20         F.S.; exempting specified transactions from

21         requirements that a domestic stock insurer file

22         statements and recover certain profits;

23         creating s. 626.2817, F.S.; providing for the

24         regulation of course providers, instructors,

25         and other groups involved in prelicensure

26         education for insurance agents and other

27         licensees; amending s. 626.7353, F.S.;

28         requiring that the Department of Insurance

29         adopt rules governing the appointment of

30         customer representatives; amending s. 627.062,

31         F.S.; providing for the availability of water

                                  12

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1         supplies to be considered by insurers or rating

 2         organizations in establishing rates; amending

 3         s. 627.429, F.S.; providing that certain

 4         limitations on the use of medical tests for

 5         human immunodeficiency virus infection and

 6         acquired immune deficiency syndrome apply to

 7         insurance provided by prepaid limited health

 8         organizations; amending s. 627.481, F.S.;

 9         requiring that the department adopt rules

10         governing certain annuity agreements; creating

11         s. 627.7276, F.S.; providing notice

12         requirements for motor vehicle policies that do

13         not provide coverage for bodily injury and

14         property damage liability; amending s.

15         627.7282, F.S.; authorizing the Department of

16         Insurance to adopt rules governing the format

17         of the notice of additional premiums; creating

18         s. 627.796, F.S.; requiring that a title

19         insurer obtain a minimum amount of errors and

20         omissions coverage for persons performing title

21         searches; creating s. 627.797, F.S.; requiring

22         that insurers file with the department a list

23         of agents who are exempt from licensure;

24         creating s. 627.798, F.S.; requiring that the

25         Department of Insurance adopt forms for

26         notifying the mortgagor of certain provisions

27         in a title policy; amending ss. 627.8405,

28         627.848, F.S.; requiring that the Department of

29         Insurance adopt forms for disclosing coverages

30         financed with personal injury protection and

31         for cancelling certain policies; creating s.

                                  13

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2221

    Amendment No. 1 (for drafter's use only)





 1         627.955, F.S.; prohibiting certain deductibles

 2         that are applicable to the insured group as a

 3         whole; amending s. 635.071, F.S.; prohibiting

 4         insurance on mortgages that are offered for

 5         sale based on certain advertisements; amending

 6         s. 648.4425, F.S.; requiring the Department of

 7         Insurance to prescribe forms for use by bail

 8         bond agents in issuing bonds; amending s.

 9         791.015, F.S.; authorizing the State Fire

10         Marshal to adopt by rule registration forms for

11         manufacturers, distributors, wholesalers, and

12         retailers of sparklers; providing an effective

13         date.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  14

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