House Bill hb1319c2

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    Florida House of Representatives - 2002          CS/CS/HB 1319

        By the Council for Competitive Commerce and Committee on
    Insurance and 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 s.

  7         626.221, F.S.; providing an additional

  8         exemption from certain examination

  9         requirements; amending s. 626.732, F.S.;

10         providing an additional exemption from certain

11         requirements as to knowledge, experience, or

12         instruction; providing an effective date.

13

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

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

17  626.221, Florida Statutes, is amended to read:

18         626.221  Examination requirement; exemptions.--

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

20  any of the following cases:

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

22  personal accident insurance, baggage and motor vehicle excess

23  liability insurance, credit life or disability insurance,

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

25  storage personal property insurance and communications

26  equipment property insurance or communications equipment

27  inland marine insurance.

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

29  Florida Statutes, are amended to read:

30         626.321  Limited licenses.--

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  1         (1)  The department shall issue to a qualified

  2  individual, or a qualified individual or entity under

  3  paragraphs (c), (d), and (e), and (i), a license as agent

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

  5  the following categories:

  6         (a)  Motor vehicle physical damage and mechanical

  7  breakdown insurance.--License covering insurance against only

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

  9  for use upon a highway, including trailers and semitrailers

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

11  insurance against the failure of an original or replacement

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

13  applicant for such a license shall pass a written examination

14  covering motor vehicle physical damage insurance and

15  mechanical breakdown insurance.  No individual while so

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

17  any other or additional kind or class of insurance coverage

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

19  insurances as provided in paragraph (e).

20         (b)  Industrial fire insurance or burglary

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

22  burglary insurance.  The applicant for such a license shall

23  pass a written examination covering such insurance.  No

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

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

26  insurance coverage except as to life and health insurances.

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

28  only policies of personal accident insurance covering the

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

30  license may be issued only:

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

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

  3  transportation ticket agency and may authorize the sale of

  4  such ticket policies only in connection with the sale of

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

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

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

  8  trip or round trip.

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

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

11  business office of a business which offers motor vehicles for

12  rent or lease if insurance sales activities authorized by the

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

14  business office licensed or a person licensed pursuant to this

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

16  insurance that provides coverage for accidental personal

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

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

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

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

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

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

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

24         (d)  Baggage and motor vehicle excess liability

25  insurance.--

26         1.  License covering only insurance of personal effects

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

28  issued only:

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

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

31  transportation ticket agency, which person is engaged in the

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  1  sale or handling of transportation of baggage and personal

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

  3  insurance only in connection with such transportation; or

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

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

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

  7  a business office of a business which offers motor vehicles

  8  for rent or lease if insurance sales activities authorized by

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

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11  The purchaser of baggage insurance shall be provided written

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

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

14  purchase of such insurance is not required in connection with

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

16  rental of a motor vehicle.

17         2.  A business office licensed pursuant to subparagraph

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

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

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

21  contract providing coverage to the lessor or may transact

22  excess motor vehicle liability insurance providing coverage in

23  excess of the standard liability limits provided by the lessor

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

25  from the licensee's employer for liability arising in

26  connection with the negligent operation of the leased or

27  rented motor vehicle, provided that the lease or rental

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

29  provided coverage for more than 30 consecutive days per lease

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

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

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

  2  notice that his or her personal insurance policy providing

  3  coverage on an owned motor vehicle may provide additional

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

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

  6  vehicle.  The excess liability insurance may be provided to

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

  8  licensee's employer.

  9         3.  A business office licensed pursuant to subparagraph

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

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

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

13  transact insurance that provides coverage for the liability of

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

15  motor vehicle if:

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

17  30 days; or the lessee is not provided coverage for more than

18  30 consecutive days per lease period, but, if the lease is

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

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

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

22  personal insurance policy that provides coverage on an owned

23  motor vehicle may provide such coverage with or without a

24  deductible; and

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

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

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

28  covering only credit life or disability insurance. The license

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

30  health insurer as an officer or other salaried or commissioned

31  representative, to an individual employed by or associated

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

  2  lending or financial institution or creditor, and may

  3  authorize the sale of such insurance only with respect to

  4  borrowers or debtors of such lending or financing institution

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

  6  identification number is used in receiving or is credited with

  7  receiving the commission from the sale of such insurance shall

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

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

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

11  insurance coverage. An entity holding a limited license under

12  this paragraph is also authorized to sell credit insurance and

13  credit property insurance. An entity applying for a license

14  under this section:

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

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

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

18  submitting the application.

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

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

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

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

23  purpose.

24         3.  Is not required to pay any additional application

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

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

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

28  626.112, and pay the prescribed appointment fee under s.

29  624.501. The license obtained under this paragraph shall be

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

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  1  to be readily visible to prospective purchasers of such

  2  coverage.

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

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

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

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

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

  8  exception of credit life or disability insurance as defined in

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

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

11  agents under this paragraph.

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

13  only credit property insurance may be issued to any individual

14  except an individual employed by or associated with a lending

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

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

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

18         (h)  Crop hail and multiple-peril crop

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

20  crop insurance.  Notwithstanding any other provision of law,

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

22  employee of an association chartered under the Farm Credit Act

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

24  completes the examination prescribed by the department

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

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

27  general lines agent.  All business transacted by the limited

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

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

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

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

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

  2  agency.

  3         (i)  In-transit and storage personal property insurance

  4  and communications equipment property insurance or

  5  communications equipment inland marine insurance.--

  6         1.  A license covering only the insurance of personal

  7  property not held for resale, covering the risks of

  8  transportation or storage in rented or leased motor vehicles,

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

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

11  only to employees or authorized representatives of lessors who

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

13  storage facilities and who are authorized by an insurer to

14  issue certificates or other evidences of insurance to lessees

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

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

17  person licensed under this paragraph shall give a prospective

18  purchaser of in-transit or storage personal property insurance

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

20  coverage for the loss of personal property and that the

21  purchase of such insurance is not required under the lease

22  terms.

23         2.  A license covering only communications equipment,

24  for the loss, theft, mechanical failure, malfunction of or

25  damage to, communications equipment.  The license may only be

26  issued to:

27         a.  Employees or authorized representatives of a

28  licensed general lines agent;

29         b.  Each business location of a retail vendor of

30  communications equipment; or

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  1         c.  Employees, agents, or authorized representatives of

  2  a retail vendor of communications equipment.

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  4  The license authorizes the sale of such policies only with

  5  respect to the sale of, or provision of communications service

  6  for, communications equipment.  A general lines agent is not

  7  required to obtain a license under this subparagraph to offer

  8  or sell communications equipment property insurance or

  9  communications equipment inland marine insurance.  Licensees

10  offering policies under this subparagraph must receive initial

11  training from, and have a contractual relationship with, a

12  general lines agent.  For the purposes of this subparagraph,

13  the term "communications equipment" means handsets, pagers,

14  personal digital assistants, portable computers, automatic

15  answering devices, and other devices or accessories used to

16  originate or receive communications signals or service, and

17  includes services related to the use of such devices, such as

18  consumer access to a wireless network; however, the term does

19  not include telecommunications switching equipment,

20  transmission wires, cell site transceiver equipment, or other

21  equipment and systems used by telecommunications companies to

22  provide telecommunications service to consumers.

23         (3)  Except as otherwise expressly provided, an

24  individual applying for or holding a limited license shall be

25  subject to the same applicable requirements and

26  responsibilities as apply to general lines agents in general,

27  if licensed as to motor vehicle physical damage and mechanical

28  breakdown insurance, credit property insurance, industrial

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

30  personal property insurance, baggage and motor vehicle excess

31  liability insurance, or credit insurance and communications

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  1  equipment property insurance or communications equipment

  2  inland marine insurance; or as apply to life agents or health

  3  agents in general, as the case may be, if licensed as to

  4  personal accident insurance or credit life or credit

  5  disability insurance.

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

  7  Statutes, is amended to read:

  8         626.732  Requirement as to knowledge, experience, or

  9  instruction.--

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

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

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

13  limited license as to baggage and motor vehicle excess

14  liability insurance, credit property insurance, credit

15  insurance, or in-transit and storage personal property

16  insurance and communications equipment property insurance or

17  communications equipment inland marine insurance, shall be

18  qualified or licensed unless within the 4 years immediately

19  preceding the date the application for license is filed with

20  the department the applicant has:

21         (a)  Taught or successfully completed classroom courses

22  in insurance satisfactory to the department at a school,

23  college, or extension division thereof, approved by the

24  department;

25         (b)  Completed a correspondence course in insurance

26  satisfactory to the department and regularly offered by

27  accredited institutions of higher learning in this state and,

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

29  626.321, has had at least 6 months of responsible insurance

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

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

  2  626.041(1); or

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

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

  5  lines of property and casualty insurance, exclusive of

  6  aviation and wet marine and transportation insurances but not

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

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

  9  the education requirement mentioned in paragraph (a) or

10  paragraph (b).

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

12  law.

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