House Bill hb1219

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    Florida House of Representatives - 2001                HB 1219

        By Representative Brown






  1                      A bill to be entitled

  2         An act relating to insurance agents; amending

  3         s. 624.318, F.S.; requiring maintenance of

  4         separate records relating to insurance products

  5         and transactions; amending s. 626.112, F.S.;

  6         describing activities which constitute the

  7         solicitation of insurance requiring licensure

  8         as an insurance agent; prohibiting certain

  9         referral payments or receipts of payments;

10         amending s. 626.171, F.S.; revising agent

11         application requirements; creating s. 626.202,

12         F.S.; requiring fingerprinting of certain

13         persons; amending s. 626.431, F.S.; extending a

14         period of eligibility for reappointment;

15         amending s. 626.5715, F.S.; applying

16         requirements of the Florida Insurance Code

17         equally to all insurance transactions; creating

18         s. 626.9531, F.S.; requiring identification of

19         insurers, agents, and insurance contracts;

20         amending s. 626.541, F.S.; revising

21         requirements for notification of name and

22         information change; amending s. 626.601, F.S.;

23         deleting a limitation on a confidentiality

24         provision; amending 626.611, F.S.; prohibiting

25         the sale of certain unregistered securities;

26         amending ss. 626.741, 626.792, and 626.835,

27         F.S.; limiting authority of certain nonresident

28         licenses; amending ss. 626.927 and 626.8427,

29         F.S.; revising certain time provisions relating

30         to licensure; amending s. 626.872, F.S.;

31         clarifying a temporary license loss adjustment

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  1         provision; amending s. 626.856, F.S.; revising

  2         a definition; amending s. 626.873, F.S.;

  3         clarifying application of certain adjuster

  4         provisions; amending s. 626.521, F.S.; revising

  5         certain information reporting requirements;

  6         repealing s. 624.501(11) and (23), F.S.,

  7         relating to appointment fees for vending

  8         machines and health care risk managers;

  9         providing an effective date.

10

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

12

13         Section 1.  Subsection (2) of section 624.318, Florida

14  Statutes, is amended to read:

15         624.318  Conduct of examination or investigation;

16  access to records; correction of accounts; appraisals.--

17         (2)  Every person being examined or investigated, and

18  its officers, attorneys, employees, agents, and

19  representatives, shall make freely available to the department

20  or its examiners or investigators the accounts, records,

21  documents, files, information, assets, and matters in their

22  possession or control relating to the subject of the

23  examination or investigation. If the licensed insurance agent

24  markets other products, provides other services, or maintains

25  other information regarding the customer which relates to

26  other than insurance transactions, all records relating to

27  insurance products and transactions shall be separately

28  maintained, if separation is necessary to enable the

29  department to access and review the records relating to

30  insurance transactions.  If records relating to the insurance

31  transactions are maintained by the agent on premises owned or

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  1  operated by a third party, the agent and the third party shall

  2  provide access to the records by the department.

  3         Section 2.  Subsection (1) of section 626.112, Florida

  4  Statutes, is amended, and subsection (8) is added to said

  5  section, to read:

  6         626.112  License and appointment required; agents,

  7  customer representatives, solicitors, adjusters, insurance

  8  agencies, service representatives, managing general agents.--

  9         (1)(a)  No person shall be, act as, or advertise or

10  hold himself or herself out to be an insurance agent, customer

11  representative, solicitor, or adjuster unless he or she is

12  currently licensed and appointed.

13         (b)  Except as provided in subsection (6) or applicable

14  department rules, and in addition to other conduct described

15  in this chapter with respect to particular types of agents, a

16  license as an insurance agent, service representative,

17  solicitor, customer representative, or limited customer

18  representative is required in order to solicit insurance.  For

19  purposes of this requirement, as applicable to any of the

20  license types described in this paragraph, the solicitation of

21  insurance includes:

22         1.  Describing the benefits or terms of insurance

23  coverage, including premiums or rates of return;

24         2.  Providing an application, enrollment form, or other

25  document by which insurance coverage is effectuated;

26         3.  Receiving an application, enrollment form, or other

27  document by which a purchaser effectuates insurance coverage

28  or otherwise taking such action as may be required to

29  effectuate coverage on behalf of a purchaser;

30         4.  Receiving an initial premium payment from the

31  purchaser;

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  1         5.  Distributing an invitation to contract to

  2  prospective purchasers;

  3         6.  Making general or specific recommendations as to

  4  insurance products;

  5         7.  Accepting orders or applications for insurance

  6  products;

  7         8.  Responding to questions from prospective purchasers

  8  regarding insurance products; or

  9         9.  Otherwise attempting to persuade any person to

10  purchase a particular insurance product.

11

12  However, notwithstanding the provisions of subparagraphs 2.

13  and 3., an employer or employee leasing company licensed

14  pursuant to chapter 468, which has entered into a contract

15  with an employer and is the employer for purposes identified

16  in such contract, may provide or receive enrollment forms or

17  other documents or otherwise take such action as may be

18  required to effectuate coverage of employees under a group

19  insurance policy or group health maintenance organization

20  contract issued to the employer, provided such employer does

21  not otherwise engage in any activities enumerated in this

22  paragraph.

23         (8)  Except as permitted by s. 626.753, s. 626.794, or

24  s. 626.838, no person may pay or receive any fee or other

25  consideration for the referral of prospective insurance

26  purchasers to an insurance agent which is in any way dependent

27  upon whether the referral results in the purchase of an

28  insurance product.

29         Section 3.  Subsections (2) and (5) of section 626.171,

30  Florida Statutes, are amended to read:

31         626.171  Application for license.--

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  1         (2)  In the application, the applicant shall set forth:

  2         (a)  His or her full name, age, social security number,

  3  residence, and place of business, and occupation for the

  4  5-year period preceding the date of application.

  5         (b)  Proof that the applicant His or her qualifications

  6  for the license, as follows:

  7         1.  What efforts he or she has made or intends to make

  8  to become familiar with the insurance laws of this state and

  9  with the provisions of the contracts to be negotiated.

10         2.  What insurance experience he or she has had, if

11  any.

12         3.  What insurance instruction he or she has had or

13  expects to receive.

14         4.  What approved insurance courses he or she has

15  completed or is in the process of completing any prelicensing

16  course, if required which may be used to meet any educational

17  requirements.

18         (c)  Whether he or she has been refused or has

19  voluntarily surrendered or has had suspended or revoked a

20  license to solicit insurance by the department or by the

21  supervising officials of any state.

22         (d)  Whether any insurer or any managing general agent

23  claims the applicant is indebted under any agency contract or

24  otherwise and, if so, the name of the claimant, the nature of

25  the claim, and the applicant's defense thereto, if any.

26         (e)  Proof that the applicant meets the requirements

27  for the type of license as provided in this chapter Whether

28  the applicant will devote all or part of his or her efforts to

29  acting as an insurance representative and, if part only, how

30  much time will be devoted to such work and in what other

31  business or businesses he or she is engaged or employed.

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  1         (f)  Such other or additional information as the

  2  department may deem proper to enable it to determine the

  3  character, experience, ability, and other qualifications of

  4  the applicant to hold himself or herself out to the public as

  5  an insurance representative.

  6         (5)  An application for a license as an agent, customer

  7  representative, solicitor, adjuster, insurance agency, service

  8  representative, managing general agent, or reinsurance

  9  intermediary, or claims investigator shall be accompanied by a

10  set of the individual applicant's fingerprints, or, if the

11  applicant is not an individual, by a set of the fingerprints

12  of the sole proprietor, majority owner, partners, officers, or

13  directors, on a form adopted by rule of the department and

14  accompanied by the fingerprint processing fee set forth in s.

15  624.501.  The fingerprints shall be certified by a law

16  enforcement officer.

17         Section 4.  Section 626.202, Florida Statutes, is

18  created to read:

19         626.202  Fingerprinting; owner; officers, directors, or

20  partners.--If there is a change in ownership or control of any

21  entity licensed under the provisions of this chapter, or if

22  any new partner, officer, or director is employed or

23  appointed, a set of fingerprints of any new owner, partner,

24  officer, or director must be filed with the department within

25  30 days after such change. Finally acquiring 10 percent or

26  more of the voting securities of a licensed entity is deemed a

27  change of ownership or control.  The fingerprints shall be

28  certified by a law enforcement officer and be accompanied by

29  the fingerprint processing fee set forth in s. 624.501.

30         Section 5.  Subsections (2) and (3) of section 626.431,

31  Florida Statutes, are amended to read:

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  1         626.431  Effect of expiration of license and

  2  appointment.--

  3         (2)  When a licensee's last appointment for a

  4  particular class of insurance has been terminated or not

  5  renewed, the department must notify the licensee that his or

  6  her eligibility for appointment as such an appointee will

  7  expire unless he or she is appointed prior to expiration of

  8  the 48-month 24-month period referred to in subsection (3).

  9         (3)  An individual who fails to maintain an appointment

10  with an appointing entity writing the class of business listed

11  on his or her license during any 48-month 24-month period

12  shall not be granted an appointment for that class of

13  insurance until he or she qualifies as a first-time applicant.

14         Section 6.  Section 626.5715, Florida Statutes, is

15  amended to read:

16         626.5715  Parity of regulation of insurance agents and

17  agencies.--The requirements of the insurance code shall apply

18  equally to all department shall adopt rules to assure the

19  parity of regulation in this state of insurance transactions

20  as between an insurance agency owned by or an agent associated

21  with a federally chartered financial institution, an insurance

22  agency owned by or an agent associated with a state-chartered

23  financial institution, and an insurance agency owned by or an

24  agent associated with an entity that is not a financial

25  institution. Except as may be expressly provided in the

26  insurance code, Such rules shall be limited to assuring that

27  no insurance agency or agent shall be is subject to more

28  stringent or less stringent regulation than another insurance

29  agency or agent on the basis of the regulatory status of the

30  entity that owns the agency or is associated with the agent.

31  For the purposes of this section, a person is "associated

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  1  with" another entity if the person is employed by, retained

  2  by, under contract to, or owned or controlled by the entity

  3  directly or indirectly.  This section does not apply with

  4  respect to a financial institution that is prohibited from

  5  owning an insurance agency or that is prohibited from being

  6  associated with an insurance agent under state or federal law.

  7         Section 7.  Section 626.9531, Florida Statutes, is

  8  created to read:

  9         626.9531  Identification of insurers, agents, and

10  insurance contracts.--With respect to the transaction of

11  insurance, advertising materials used by, and oral and written

12  communications of, insurers, insurance agents, and other

13  persons shall clearly indicate that the insured or prospective

14  insured is or will be dealing with an insurer or insurance

15  agent regarding an insurance product.

16         Section 8.  Section 626.541, Florida Statutes, is

17  amended to read:

18         626.541  Firm, corporate, and business names; officers;

19  associates; notice of changes.--

20         (1)  Any licensed agent or adjuster doing business

21  under a firm or corporate name or under any business name

22  other than his or her own individual name shall, within 30

23  days after the initial transaction of insurance under such

24  business name, annually on or before January 1 file with the

25  department, on forms furnished by it, a written statement of

26  the firm, corporate, or business name being so used, the

27  address of any office or offices or places of business making

28  use of such name, and the name and social security number of

29  each officer and director of the corporation and of each

30  individual associated in such firm or corporation as to the

31

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  1  insurance transactions thereof or in the use of such business

  2  name.

  3         (2)  In the event of any change of such name, or of any

  4  of the officers and directors, or of any of such addresses, or

  5  in the personnel so associated, written notice of such change

  6  shall be filed with the department within 30 60 days by or on

  7  behalf of those licensees terminating any such firm,

  8  corporate, or business name or continuing to operate

  9  thereunder.

10         (3)  Any licensed insurance agency shall promptly, but

11  in no event later than 30 days annually on or before January

12  1, notify the department of any change in the information

13  contained in the application filed pursuant to s. 626.172.

14         Section 9.  Subsection (6) of section 626.601, Florida

15  Statutes, is amended to read:

16         626.601  Improper conduct; inquiry; fingerprinting.--

17         (6)  The complaint and any information obtained

18  pursuant to the investigation by the department are

19  confidential and are exempt from the provisions of s. 119.07,

20  unless the department files a formal administrative complaint,

21  emergency order, or consent order against the licensee, or

22  unless the licensee waives confidentiality. Nothing in this

23  subsection shall be construed to prevent the department from

24  disclosing the complaint or such information as it deems

25  necessary to conduct the investigation, to update the

26  complainant as to the status and outcome of the complaint, or

27  to share such information with any law enforcement agency.

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

29  626.611, Florida Statutes, to read:

30         626.611  Grounds for compulsory refusal, suspension, or

31  revocation of agent's, title agency's, solicitor's,

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  1  adjuster's, customer representative's, service

  2  representative's, or managing general agent's license or

  3  appointment.--The department shall deny an application for,

  4  suspend, revoke, or refuse to renew or continue the license or

  5  appointment of any applicant, agent, title agency, solicitor,

  6  adjuster, customer representative, service representative, or

  7  managing general agent, and it shall suspend or revoke the

  8  eligibility to hold a license or appointment of any such

  9  person, if it finds that as to the applicant, licensee, or

10  appointee any one or more of the following applicable grounds

11  exist:

12         (16)  Having sold a security which was not registered

13  but which was required to be registered under chapter 517.

14         Section 11.  Subsection (2) of section 626.741, Florida

15  Statutes, is amended to read:

16         626.741  Nonresident agents; licensing and

17  restrictions.--

18         (2)  The department shall not, however, issue any

19  license and appointment to any nonresident who has an office

20  or place of business in this state, or who has any direct or

21  indirect pecuniary interest in any insurance agent, insurance

22  agency, or in any solicitor licensed as a resident of this

23  state; nor to any individual who does not, at the time of

24  issuance and throughout the existence of the Florida license,

25  hold a license as agent or broker issued by the state of his

26  or her residence; nor to any individual who is employed by any

27  insurer as a service representative or who is a managing

28  general agent in any state, whether or not also licensed in

29  another state as an agent or broker.  The foregoing

30  requirement to hold a similar license in the applicant's state

31  of residence does not apply to customer representatives unless

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  1  the home state licenses residents of that state in a like

  2  manner.  The prohibition against having an office or place of

  3  business in this state does not apply to customer

  4  representatives who are required to conduct business solely

  5  within the confines of the office of a licensed and appointed

  6  Florida resident general lines agent in this state. The

  7  authority of such nonresident license, if issued, is limited

  8  to the specific lines of authority granted the agent by the

  9  license issued in the state of residence. The department shall

10  have discretion to refuse to issue any license or appointment

11  to a nonresident when it has reason to believe that the

12  applicant by ruse or subterfuge is attempting to avoid the

13  intent and prohibitions contained in this subsection or to

14  believe that any of the grounds exist as for suspension or

15  revocation of license as set forth in ss. 626.611 and 626.621.

16         Section 12.  Subsection (6) of section 626.792, Florida

17  Statutes, is amended to read:

18         626.792  Nonresident agents.--

19         (6)  The licensee shall, throughout the existence of

20  the Florida nonresident life license and appointment, hold a

21  license as a resident life agent in his or her state of

22  residence. The authority of such nonresident license, if

23  issued, is limited to the specific lines of authority granted

24  the agent by the license issued in the state of residence.

25         Section 13.  Subsection (6) of section 626.835, Florida

26  Statutes, is amended to read:

27         626.835  Nonresident agents.--

28         (6)  The licensee shall, throughout the existence of

29  his or her Florida nonresident health license and appointment,

30  hold a license as a resident health agent in his or her state

31  of residence. The authority of such nonresident license, if

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  1  issued, is limited to the specific lines of authority granted

  2  the agent by the license issued in the state of residence.

  3         Section 14.  Subsections (1) and (7) of section

  4  626.927, Florida Statutes, are amended to read:

  5         626.927  Licensing of surplus lines agent.--

  6         (1)  Any individual while licensed and appointed as a

  7  resident general lines agent as to property, casualty, and

  8  surety insurances, and who is deemed by the department to have

  9  had sufficient experience in the insurance business to be

10  competent for the purpose, and who, within the 4 years

11  immediately preceding the date the application for license as

12  a surplus lines agent is filed with the department, has a

13  minimum of 1 year's experience working for a licensed surplus

14  lines agent or who has successfully completed 60 class hours

15  in surplus and excess lines in a course approved by the

16  department, may be licensed as a surplus lines agent, upon

17  taking and successfully passing a written examination as to

18  surplus lines, as given by the department.

19         (7)  Any individual who has been licensed by the

20  department as a surplus lines agent as provided in this

21  section may be subsequently appointed without additional

22  written examination if his or her application for appointment

23  is filed with the department within 48 24 months next

24  following the date of cancellation or expiration of the prior

25  appointment.  The department may, in its discretion, require

26  any individual to take and successfully pass an examination as

27  for original issuance of license as a condition precedent to

28  the reinstatement or continuation of the licensee's current

29  license or reinstatement or continuation of the licensee's

30  appointment.

31

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  1         Section 15.  Subsection (3) of section 626.872, Florida

  2  Statutes, is amended to read:

  3         626.872  Temporary license.--

  4         (3)  In no event shall an adjuster licensed under this

  5  section adjust losses in this state after expiration of the

  6  temporary license without having been issued passed the

  7  written examination as for a regular adjuster's license.

  8         Section 16.  Section 626.8427, Florida Statutes, is

  9  amended to read:

10         626.8427  Number of applications for licensure

11  required; exemption; effect of expiration of license.--

12         (1)  After a license as a title insurance agent has

13  been issued to a title insurance agent, the agent is not

14  required to file another license application for a similar

15  license, irrespective of the number of insurers to be

16  represented by the agent, unless:

17         (a)  The agent is specifically ordered by the

18  department to complete a new application; or

19         (b)  During any period of 48 24 months since the filing

20  of the original license application, the agent was not

21  appointed, unless in the case of individuals the failure to be

22  so appointed was due to military service, in which event the

23  period within which a new application is not required may, in

24  the discretion of the Department of Insurance, be extended for

25  12 months following the date of discharge from military

26  service if the military service does not exceed 3 years, but

27  in no event shall the period be extended under this clause for

28  a period of more than 6 4 years from the date of filing the

29  original application.

30         (2)  The department shall not charge a fee for filing

31  an application for license with respect to any applicant for

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  1  license who is exempted under this section from filing an

  2  application.

  3         (3)  Upon the expiration or termination of a title

  4  insurance agent's appointment, the title insurance agent is

  5  without authority conferred by the license and shall not

  6  engage or attempt to engage in any activity requiring a title

  7  insurance agent's license and appointment.  The agent shall

  8  not again be granted an appointment until he or she fully

  9  qualifies therefor as provided in this chapter.  An

10  application shall be required in all cases for qualification

11  of a new title insurance agent's license when application is

12  made after the expiration of 4 2 years from the date of the

13  expiration or termination of the last appointment held by a

14  licensee.

15         Section 17.  Section 626.856, Florida Statutes, is

16  amended to read:

17         626.856  "Company employee adjuster" defined.--A

18  "company employee adjuster" is a person employed on an

19  insurer's staff of adjusters or by a wholly owned subsidiary

20  of an insurer, and who undertakes on behalf of such insurer or

21  other insurers under common control or ownership to ascertain

22  and determine the amount of any claim, loss, or damage payable

23  under a contract of insurance, or undertakes to effect

24  settlement of such claim, loss, or damage.

25         Section 18.  Section 626.873, Florida Statutes, is

26  amended to read:

27         626.873  Nonresident adjusters and nonresident company

28  employee adjusters.--

29         (1)  The department shall, upon application therefor,

30  issue a license to an applicant for a nonresident adjuster's

31

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  1  license upon determining that the applicant has paid the

  2  applicable license fees required under s. 624.501 and:

  3         (a)  Is a currently licensed insurance adjuster in his

  4  or her home state, if such state requires a license.

  5         (b)  Is an employee of an insurer, or a wholly owned

  6  subsidiary of an insurer, admitted to do business in this

  7  state.

  8         (c)  Has filed a certificate or letter of authorization

  9  from the insurance department of his or her home state, if

10  such state requires an adjuster to be licensed, stating that

11  he or she holds a current license or authorization to adjust

12  insurance losses.  Such certificate or authorization must be

13  signed by the insurance commissioner, or his or her deputy, of

14  the adjuster's home state and must reflect whether or not the

15  adjuster has ever had his or her license or authorization in

16  the adjuster's home state suspended or revoked and, if such is

17  the case, the reason for such action.

18         (2)  Any individual who holds a Florida nonresident

19  adjuster's license, upon becoming a resident of this state

20  may, for a period not to exceed 90 days, continue to adjust

21  claims in this state under his or her nonresident license and

22  appointment. Such individual must make application for

23  resident licensure and must become licensed as a resident

24  adjuster within 90 days of becoming a resident of this state.

25         (3)  Upon becoming a resident of this state, an

26  individual who holds a Florida nonresident adjuster's license

27  is no longer eligible for licensure as a nonresident adjuster

28  if such individual fails to make application for a resident

29  license and become licensed as a resident adjuster within 90

30  days.  Such individual may apply for a resident license

31  pursuant to s. 626.865, s. 626.866, or s. 626.867.

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  1         Section 19.  Subsection (2) of section 626.521, Florida

  2  Statutes, is amended to read:

  3         626.521  Character, credit reports.--

  4         (2)  If requested by the department Within 60 days

  5  after such appointment or employment has been made or

  6  commenced, the insurer, manager, general agent, general lines

  7  agent, or employer, as the case may be, shall furnish to the

  8  department on a form furnished by the department, such

  9  information as it may reasonably require relative to such

10  individual and investigation.

11         Section 20.  Subsections (11) and (23) of section

12  624.501, Florida Statutes, are repealed.

13         Section 21.  This act shall take effect October 1,

14  2001.

15

16            *****************************************

17                          HOUSE SUMMARY

18
      Revises and clarifies various provisions of the insurance
19    code relating to insurance agents' applications for
      licensure, licenses, records maintenance, information
20    reporting requirements, and notifications. See bill for
      details.
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