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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362, 1st Eng.

    Amendment No. ___   Barcode 162446

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 5, between lines 4 and 5,

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16  insert:

17         Section 2.  Subsection (1) of section 626.88, Florida

18  Statutes, is amended to read:

19         626.88  Definitions of "administrator" and "insurer".--

20         (1)  For the purposes of this part, an "administrator"

21  is any person who directly or indirectly solicits or effects

22  coverage of, collects charges or premiums from, or adjusts or

23  settles claims on residents of this state in connection with

24  authorized commercial self-insurance funds or with insured or

25  self-insured programs which provide life or health insurance

26  coverage or coverage of any other expenses described in s.

27  624.33(1) or any person who provides billing and collection

28  services to health insurers and health maintenance

29  organizations on behalf of health care providers, other than

30  any of the following persons:

31         (a)  An employer on behalf of such employer's employees

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362, 1st Eng.

    Amendment No. ___   Barcode 162446





  1  or the employees of one or more subsidiary or affiliated

  2  corporations of such employer.

  3         (b)  A union on behalf of its members.

  4         (c)  An insurance company which is either authorized to

  5  transact insurance in this state or is acting as an insurer

  6  with respect to a policy lawfully issued and delivered by such

  7  company in and pursuant to the laws of a state in which the

  8  insurer was authorized to transact an insurance business.

  9         (d)  A health care services plan, health maintenance

10  organization, professional service plan corporation, or person

11  in the business of providing continuing care, possessing a

12  valid certificate of authority issued by the department, and

13  the sales representatives thereof, if the activities of such

14  entity are limited to the activities permitted under the

15  certificate of authority.

16         (e)  An insurance agent licensed in this state whose

17  activities are limited exclusively to the sale of insurance.

18         (f)  An adjuster licensed in this state whose

19  activities are limited to the adjustment of claims.

20         (g)  A creditor on behalf of such creditor's debtors

21  with respect to insurance covering a debt between the creditor

22  and its debtors.

23         (h)  A trust and its trustees, agents, and employees

24  acting pursuant to such trust established in conformity with

25  29 U.S.C. s. 186.

26         (i)  A trust exempt from taxation under s. 501(a) of

27  the Internal Revenue Code, a trust satisfying the requirements

28  of ss. 624.438 and 624.439, or any governmental trust as

29  defined in s. 624.33(3), and the trustees and employees acting

30  pursuant to such trust, or a custodian and its agents and

31  employees, including individuals representing the trustees in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362, 1st Eng.

    Amendment No. ___   Barcode 162446





  1  overseeing the activities of a service company or

  2  administrator, acting pursuant to a custodial account which

  3  meets the requirements of s. 401(f) of the Internal Revenue

  4  Code.

  5         (j)  A financial institution which is subject to

  6  supervision or examination by federal or state authorities or

  7  a mortgage lender licensed under chapter 494 who collects and

  8  remits premiums to licensed insurance agents or authorized

  9  insurers concurrently or in connection with mortgage loan

10  payments.

11         (k)  A credit card issuing company which advances for

12  and collects premiums or charges from its credit card holders

13  who have authorized such collection if such company does not

14  adjust or settle claims.

15         (l)  A person who adjusts or settles claims in the

16  normal course of such person's practice or employment as an

17  attorney at law and who does not collect charges or premiums

18  in connection with life or health insurance coverage.

19         (m)  A person approved by the Division of Workers'

20  Compensation of the Department of Labor and Employment

21  Security who administers only self-insured workers'

22  compensation plans.

23         (n)  A service company or service agent and its

24  employees, authorized in accordance with ss. 626.895-626.899,

25  serving only a single employer plan, multiple-employer welfare

26  arrangements, or a combination thereof.

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28  A person who provides billing and collection services to

29  health insurers and health maintenance organizations on behalf

30  of health care providers shall comply with the provisions of

31  ss. 627.6131, 641.3155, and 641.51(4).

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 362, 1st Eng.

    Amendment No. ___   Barcode 162446





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  2  (Redesignate subsequent sections.)

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

  6  And the title is amended as follows:

  7         On page 1, line 11, following the semicolon

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  9  insert:

10         amending s. 626.88, F.S.; redefining the term

11         "administrator," with respect to regulation of

12         insurance administrators;

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