House Bill hb1319

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    Florida House of Representatives - 2002                HB 1319

        By Representative Alexander






  1                      A bill to be entitled

  2         An act relating to communications equipment

  3         property insurance; amending s. 626.321, F.S.;

  4         authorizing licensing of communications

  5         equipment property insurance agents; providing

  6         criteria; providing a definition; amending ss.

  7         626.221 and 626.732, F.S., to conform;

  8         providing an effective date.

  9

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

11

12         Section 1.  Paragraph (b) of subsection (2) of section

13  626.221, Florida Statutes, is amended to read:

14         626.221  Examination requirement; exemptions.--

15         (2)  However, no such examination shall be necessary in

16  any of the following cases:

17         (b)  An applicant for limited license as agent for

18  personal accident insurance, baggage and motor vehicle excess

19  liability insurance, credit life or disability insurance,

20  credit insurance, credit property insurance, or in-transit and

21  storage personal property insurance, or communications

22  equipment property insurance.

23         Section 2.  Subsections (1) and (3) of section 626.321,

24  Florida Statutes, are amended to read:

25         626.321  Limited licenses.--

26         (1)  The department shall issue to a qualified

27  individual, or a qualified individual or entity under

28  paragraphs (c), (d), and (e), and (j), a license as agent

29  authorized to transact a limited class of business in any of

30  the following categories:

31

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  1         (a)  Motor vehicle physical damage and mechanical

  2  breakdown insurance.--License covering insurance against only

  3  the loss of or damage to any motor vehicle which is designed

  4  for use upon a highway, including trailers and semitrailers

  5  designed for use with such vehicles. Such license also covers

  6  insurance against the failure of an original or replacement

  7  part to perform any function for which it was designed.  The

  8  applicant for such a license shall pass a written examination

  9  covering motor vehicle physical damage insurance and

10  mechanical breakdown insurance.  No individual while so

11  licensed shall hold a license as an agent or solicitor as to

12  any other or additional kind or class of insurance coverage

13  except as to a limited license for credit life and disability

14  insurances as provided in paragraph (e).

15         (b)  Industrial fire insurance or burglary

16  insurance.--License covering only industrial fire insurance or

17  burglary insurance.  The applicant for such a license shall

18  pass a written examination covering such insurance.  No

19  individual while so licensed shall hold a license as an agent

20  or solicitor as to any other or additional kind or class of

21  insurance coverage except as to life and health insurances.

22         (c)  Personal accident insurance.--License covering

23  only policies of personal accident insurance covering the

24  risks of travel, except as provided in subparagraph 2.  The

25  license may be issued only:

26         1.  To a full-time salaried employee of a common

27  carrier or a full-time salaried employee or owner of a

28  transportation ticket agency and may authorize the sale of

29  such ticket policies only in connection with the sale of

30  transportation tickets, or to the full-time salaried employee

31  of such an agent.  No such policy shall be for a duration of

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  1  more than 48 hours or for the duration of a specified one-way

  2  trip or round trip.

  3         2.  To a full-time salaried employee of a business

  4  which offers motor vehicles for rent or lease, or to a

  5  business office of a business which offers motor vehicles for

  6  rent or lease if insurance sales activities authorized by the

  7  license are limited to full-time salaried employees.  A

  8  business office licensed or a person licensed pursuant to this

  9  subparagraph may, as an agent of an insurer, transact

10  insurance that provides coverage for accidental personal

11  injury or death of the lessee and any passenger who is riding

12  or driving with the covered lessee in the rental motor vehicle

13  if the lease or rental agreement is for not more than 30 days,

14  or if the lessee is not provided coverage for more than 30

15  consecutive days per lease period; however, if the lease is

16  extended beyond 30 days, the coverage may be extended one time

17  only for a period not to exceed an additional 30 days.

18         (d)  Baggage and motor vehicle excess liability

19  insurance.--

20         1.  License covering only insurance of personal effects

21  except as provided in subparagraph 2.  The license may be

22  issued only:

23         a.  To a full-time salaried employee of a common

24  carrier or a full-time salaried employee or owner of a

25  transportation ticket agency, which person is engaged in the

26  sale or handling of transportation of baggage and personal

27  effects of travelers, and may authorize the sale of such

28  insurance only in connection with such transportation; or

29         b.  To the full-time salaried employee of a licensed

30  general lines agent, a full-time salaried employee of a

31  business which offers motor vehicles for rent or lease, or to

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  1  a business office of a business which offers motor vehicles

  2  for rent or lease if insurance sales activities authorized by

  3  the license are limited to full-time salaried employees.

  4

  5  The purchaser of baggage insurance shall be provided written

  6  information disclosing that the insured's homeowner's policy

  7  may provide coverage for loss of personal effects and that the

  8  purchase of such insurance is not required in connection with

  9  the purchase of tickets or in connection with the lease or

10  rental of a motor vehicle.

11         2.  A business office licensed pursuant to subparagraph

12  1., or a person licensed pursuant to subparagraph 1. who is a

13  full-time salaried employee of a business which offers motor

14  vehicles for rent or lease, may include lessees under a master

15  contract providing coverage to the lessor or may transact

16  excess motor vehicle liability insurance providing coverage in

17  excess of the standard liability limits provided by the lessor

18  in its lease to a person renting or leasing a motor vehicle

19  from the licensee's employer for liability arising in

20  connection with the negligent operation of the leased or

21  rented motor vehicle, provided that the lease or rental

22  agreement is for not more than 30 days; that the lessee is not

23  provided coverage for more than 30 consecutive days per lease

24  period, and, if the lease is extended beyond 30 days, the

25  coverage may be extended one time only for a period not to

26  exceed an additional 30 days; that the lessee is given written

27  notice that his or her personal insurance policy providing

28  coverage on an owned motor vehicle may provide additional

29  excess coverage; and that the purchase of the insurance is not

30  required in connection with the lease or rental of a motor

31  vehicle.  The excess liability insurance may be provided to

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  1  the lessee as an additional insured on a policy issued to the

  2  licensee's employer.

  3         3.  A business office licensed pursuant to subparagraph

  4  1., or a person licensed pursuant to subparagraph 1. who is a

  5  full-time salaried employee of a business which offers motor

  6  vehicles for rent or lease, may, as an agent of an insurer,

  7  transact insurance that provides coverage for the liability of

  8  the lessee to the lessor for damage to the leased or rented

  9  motor vehicle if:

10         a.  The lease or rental agreement is for not more than

11  30 days; or the lessee is not provided coverage for more than

12  30 consecutive days per lease period, but, if the lease is

13  extended beyond 30 days, the coverage may be extended one time

14  only for a period not to exceed an additional 30 days;

15         b.  The lessee is given written notice that his or her

16  personal insurance policy that provides coverage on an owned

17  motor vehicle may provide such coverage with or without a

18  deductible; and

19         c.  The purchase of the insurance is not required in

20  connection with the lease or rental of a motor vehicle.

21         (e)  Credit life or disability insurance.--License

22  covering only credit life or disability insurance. The license

23  may be issued only to an individual employed by a life or

24  health insurer as an officer or other salaried or commissioned

25  representative, to an individual employed by or associated

26  with a lending or financial institution or creditor, or to a

27  lending or financial institution or creditor, and may

28  authorize the sale of such insurance only with respect to

29  borrowers or debtors of such lending or financing institution

30  or creditor.  However, only the individual or entity whose tax

31  identification number is used in receiving or is credited with

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  1  receiving the commission from the sale of such insurance shall

  2  be the licensed agent of the insurer.  No individual while so

  3  licensed shall hold a license as an agent or solicitor as to

  4  any other or additional kind or class of life or health

  5  insurance coverage. An entity holding a limited license under

  6  this paragraph is also authorized to sell credit insurance and

  7  credit property insurance. An entity applying for a license

  8  under this section:

  9         1.  Is required to submit only one application for a

10  license under s. 626.171. The requirements of s. 626.171(5)

11  shall only apply to the officers and directors of the entity

12  submitting the application.

13         2.  Is required to obtain a license for each office,

14  branch office, or place of business making use of the entity's

15  business name by applying to the department for the license on

16  a simplified form developed by rule of the department for this

17  purpose.

18         3.  Is not required to pay any additional application

19  fees for a license issued to the offices or places of business

20  referenced in subsection (2), but is required to pay the

21  license fee as prescribed in s. 624.501, be appointed under s.

22  626.112, and pay the prescribed appointment fee under s.

23  624.501. The license obtained under this paragraph shall be

24  posted at the business location for which it was issued so as

25  to be readily visible to prospective purchasers of such

26  coverage.

27         (f)  Credit insurance.--License covering only credit

28  insurance, as such insurance is defined in s. 624.605(1)(i),

29  and no individual or entity so licensed shall, during the same

30  period, hold a license as an agent or solicitor as to any

31  other or additional kind of life or health insurance with the

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  1  exception of credit life or disability insurance as defined in

  2  paragraph (e). The same licensing provisions as outlined in

  3  paragraph (e) apply to entities licensed as credit insurance

  4  agents under this paragraph.

  5         (g)  Credit property insurance.--A license covering

  6  only credit property insurance may be issued to any individual

  7  except an individual employed by or associated with a lending

  8  or financial institution defined in s. 655.005(1)(g), (h), or

  9  (p) and authorized to sell such insurance only with respect to

10  a borrower or debtor, not to exceed the amount of the loan.

11         (h)  Crop hail and multiple-peril crop

12  insurance.--License covering only crop hail and multiple-peril

13  crop insurance.  Notwithstanding any other provision of law,

14  the limited license may be issued to a bona fide salaried

15  employee of an association chartered under the Farm Credit Act

16  of 1971, 12 U.S.C. ss. 2001 et seq., who satisfactorily

17  completes the examination prescribed by the department

18  pursuant to s. 626.241(5). The limited agent must be appointed

19  by, and his or her limited license requested by, a licensed

20  general lines agent.  All business transacted by the limited

21  agent shall be in behalf of, in the name of, and countersigned

22  by the agent by whom he or she is appointed. Sections 626.561

23  and 626.748, relating to records, apply to all business

24  written pursuant to this section.  The limited licensee may be

25  appointed by and licensed for only one general lines agent or

26  agency.

27         (i)  In-transit and storage personal property

28  insurance.--A license covering only the insurance of personal

29  property not held for resale, covering the risks of

30  transportation or storage in rented or leased motor vehicles,

31  trailers, or self-service storage facilities, as the latter

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  1  are defined in s. 83.803, may be issued, without examination,

  2  only to employees or authorized representatives of lessors who

  3  rent or lease motor vehicles, trailers, or self-service

  4  storage facilities and who are authorized by an insurer to

  5  issue certificates or other evidences of insurance to lessees

  6  of such motor vehicles, trailers, or self-service storage

  7  facilities under an insurance policy issued to the lessor.  A

  8  person licensed under this paragraph shall give a prospective

  9  purchaser of in-transit or storage personal property insurance

10  written notice that his or her homeowner's policy may provide

11  coverage for the loss of personal property and that the

12  purchase of such insurance is not required under the lease

13  terms.

14         (j)  Communications equipment property

15  insurance.--License covering only communications equipment,

16  for insurance covering the loss, theft, mechanical failure, or

17  malfunction of or damage to communications equipment. The

18  license may be issued only to employees or authorized

19  representatives of a licensed general lines agent, to each

20  business location of a retail vendor of communications

21  equipment, or to employees or authorized representatives of a

22  retail vendor of communications equipment and may authorize

23  the sale of such policies only in connection with the sale of,

24  or provision of monthly communications service for,

25  communications equipment. Licensees offering policies under

26  this section must receive initial training from, and must be

27  under the continued supervision of, a general lines agent

28  licensed pursuant to this part. For purposes of this

29  paragraph, the term "communications equipment" means handsets,

30  pagers, personal digital assistants, portable computers,

31  automatic answering devices, batteries, and other devices or

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  1  their accessories used to originate or receive communications

  2  signals or service, and includes services related to the use

  3  of such devices such as access to a wireless network. For

  4  purposes of this chapter, communications equipment property

  5  insurance is a type of inland marine insurance.

  6         (3)  Except as otherwise expressly provided, an

  7  individual applying for or holding a limited license shall be

  8  subject to the same applicable requirements and

  9  responsibilities as apply to general lines agents in general,

10  if licensed as to motor vehicle physical damage and mechanical

11  breakdown insurance, credit property insurance, industrial

12  fire insurance or burglary insurance, in-transit and storage

13  personal property insurance, baggage and motor vehicle excess

14  liability insurance, or credit insurance, or communications

15  equipment property insurance; or as apply to life agents or

16  health agents in general, as the case may be, if licensed as

17  to personal accident insurance or credit life or credit

18  disability insurance.

19         Section 3.  Subsection (1) of section 626.732, Florida

20  Statutes, is amended to read:

21         626.732  Requirement as to knowledge, experience, or

22  instruction.--

23         (1)  Except as provided in subsection (3), no applicant

24  for a license as a general lines agent, except for a chartered

25  property and casualty underwriter (CPCU), other than as to a

26  limited license as to baggage and motor vehicle excess

27  liability insurance, credit property insurance, credit

28  insurance, or in-transit and storage personal property

29  insurance, or communications equipment property insurance,

30  shall be qualified or licensed unless within the 4 years

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  1  immediately preceding the date the application for license is

  2  filed with the department the applicant has:

  3         (a)  Taught or successfully completed classroom courses

  4  in insurance satisfactory to the department at a school,

  5  college, or extension division thereof, approved by the

  6  department;

  7         (b)  Completed a correspondence course in insurance

  8  satisfactory to the department and regularly offered by

  9  accredited institutions of higher learning in this state and,

10  except if he or she is applying for a limited license under s.

11  626.321, has had at least 6 months of responsible insurance

12  duties as a substantially full-time bona fide employee in all

13  lines of property and casualty insurance set forth in s.

14  626.041(1); or

15         (c)  Completed at least 1 year in responsible insurance

16  duties as a substantially full-time bona fide employee in all

17  lines of property and casualty insurance, exclusive of

18  aviation and wet marine and transportation insurances but not

19  exclusive of boats of less than 36 feet in length or aircraft

20  not held out for hire, as set forth in s. 626.041(1), without

21  the education requirement mentioned in paragraph (a) or

22  paragraph (b).

23         Section 4.  This act shall take effect upon becoming a

24  law.

25

26            *****************************************

27                          HOUSE SUMMARY

28
      Authorizes licensing of communications equipment property
29    insurance agents. See bill for details.

30

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