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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 339

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Holzendorf moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, line 19,

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16  insert:

17         Section 1.  Subsection (3) of section 626.091, Florida

18  Statutes, is amended to read:

19         626.091  "Managing general agent" defined.--

20         (3)  No insurer shall enter into an agreement with any

21  person, except as provided in subsection (1), to manage the

22  business written in this state by the general lines agents

23  appointed by the insurer or appointed by the managing general

24  agent on behalf of the insurer unless the person is properly

25  licensed and appointed as a managing general agent in this

26  state.  An insurer shall be responsible for the acts of its

27  managing general agent when the agent acts within the scope of

28  his or her authority. A licensed managing general agent may

29  appoint licensed insurance agents directly, and such agents

30  may transact insurance on behalf of insurers for which the

31  appointing managing general agent holds appointments without

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 339

    Amendment No.    





 1  appointment by such insurers, provided that the managing

 2  general agent or insurer notifies the department in writing of

 3  the agents appointed by the managing general agent who is

 4  authorized to transact insurance on behalf of the insurer.

 5  Section 626.752 does not apply to any agent appointed by a

 6  managing general agent if the managing general agent holds an

 7  appointment from the insurer and such insurer or managing

 8  general agent has notified the department that such agent may

 9  transact insurance on behalf of the insurer. Provisions of

10  this code that reference insurer appointment of agents shall

11  be construed to reference and allow appointments by managing

12  general agents in the same manner. The notice of authorized

13  agents required by this subsection must be accompanied by a

14  written statement of the insurer certifying that it is willing

15  to be bound by the acts of the identified agents within the

16  scope of their employment.

17         Section 2.  Subsection (2) of section 626.331, Florida

18  Statutes, is amended to read:

19         626.331  Number of appointments permitted or

20  required.--

21         (2)  Except as provided in s. 626.091(3), an agent

22  shall be required to have a separate appointment as to each

23  insurer by whom he or she is appointed as an agent.

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25  (Redesignate subsequent sections.)

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

29  And the title is amended as follows:

30         On page 1, line 2, after the semicolon,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 339

    Amendment No.    





 1  insert:

 2         amending ss. 626.091, 626.331, F.S.;

 3         authorizing a licensed managing general agent

 4         to appoint licensed insurance agents directly;

 5         providing requirements for such appointments;

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