House Bill hb0825
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
By Representative Fields
1 A bill to be entitled
2 An act relating to insurance; creating the
3 Producer Licensing Model Act; providing purpose
4 and scope; defining terms; providing for
5 licensing; providing for applications for
6 examination and license; providing for
7 nonresident licensing; providing an exemption
8 from examination; requiring notification to the
9 Department of Insurance if an assumed name is
10 used; providing for denial, nonrenewal, and
11 revocation of license; providing for
12 commissions and appointments; providing for
13 reciprocity; providing for reporting of
14 actions; authorizing the Department of
15 Insurance to adopt rules; providing for
16 severability; providing for repeal of
17 inconsistent statutes; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Purpose and scope.--
23 (1) This act governs the qualifications and procedures
24 for the licensing of insurance producers. It simplifies and
25 organizes some statutory provisions to improve efficiency,
26 permits the use of new technology, and reduces costs
27 associated with issuing and renewing insurance licenses.
28 (2) This act does not apply to excess and surplus
29 lines agents and brokers licensed under part VIII of chapter
30 626, Florida Statutes, except as provided in section 8 and
31 section 16(3).
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 Section 2. Definitions.--As used in this act, the
2 term:
3 (1) "Business entity" means a corporation,
4 association, partnership, limited liability company, limited
5 liability partnership, or other legal entity.
6 (2) "Home state" means the District of Columbia or any
7 state or territory of the United States in which an insurance
8 producer maintains his or her principal place of residence or
9 principal place of business and is licensed to act as an
10 insurance producer.
11 (3) "Insurance" means any of the lines of insurance
12 defined in part V of chapter 624, Florida Statutes.
13 (4) "Insurance producer" means a person who is
14 required to be licensed under the laws of this state to sell,
15 solicit, or negotiate insurance.
16 (5) "Insurer" means any person engaged as indemnitor,
17 surety, or contractor in the business of entering into
18 contracts of insurance or of annuity.
19 (6) "License" means a document issued by the
20 Department of Insurance which authorizes a person to act as an
21 insurance producer for the lines of authority specified in the
22 document. The license itself does not create any authority,
23 actual, apparent, or inherent, in the holder to represent or
24 commit an insurance carrier.
25 (7) "Limited lines insurance" means those lines of
26 insurance defined in section 626.321, Florida Statutes.
27 (8) "Limited lines producer" means a person authorized
28 by the Department of Insurance to sell, solicit, or negotiate
29 limited lines insurance.
30 (9) "Negotiate" means the act of conferring directly
31 with or offering advice directly to a purchaser or prospective
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 purchaser of a particular contract of insurance concerning any
2 of the substantive benefits, terms, or conditions of the
3 contract, provided that the person engaged in that act either
4 sells insurance or obtains insurance from insurers for
5 purchasers.
6 (10) "Person" means an individual or a business
7 entity.
8 (11) "Sell" means to exchange a contract of insurance
9 by any means, for money or its equivalent, on behalf of an
10 insurance company.
11 (12) "Solicit" means to attempt to sell insurance or
12 ask or urge a person to apply for a particular kind of
13 insurance from a particular company.
14 (13) "Terminate" means to cancel the relationship
15 between an insurance producer and the insurer or to terminate
16 a producer's authority to transact insurance.
17 (14) "Uniform business entity application" means the
18 National Association of Insurance Commissioners Uniform
19 Business Entity Application for resident and nonresident
20 business entities.
21 (15) "Uniform application" means the National
22 Association of Insurance Commissioners Uniform Application for
23 resident and nonresident producer licensing.
24 Section 3. License required.--A person may not sell,
25 solicit, or negotiate insurance in this state for any class of
26 insurance unless the person is licensed for that class in
27 accordance with this act.
28 Section 4. Exceptions to licensing.--
29 (1) This act does not require an insurer to obtain an
30 insurance producer license. As used in this section, the term
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 "insurer" does not include an insurer's officers, directors,
2 employees, subsidiaries, or affiliates.
3 (2) A license as an insurance producer is required of
4 the following:
5 (a) An officer, director, or employee of an insurer or
6 of an insurance producer if the officer, director, or employee
7 does not receive any commission on policies written or sold to
8 insure risks residing, located, or to be performed in this
9 state and:
10 1. The officer, director, or employee's activities are
11 executive, administrative, managerial, clerical, or a
12 combination of these and are only indirectly related to the
13 sale, solicitation, or negotiation of insurance;
14 2. The officer, director, or employee's function
15 relates to underwriting, loss control, inspection, or the
16 processing, adjusting, investigating, or settling of a claim
17 on a contract of insurance; or
18 3. The officer, director, or employee is acting in the
19 capacity of a special agent or agency supervisor assisting
20 insurance producers under circumstances in which the person's
21 activities are limited to providing technical advice and
22 assistance to licensed insurance producers and do not include
23 the sale, solicitation, or negotiation of insurance.
24 (b) A person who secures and furnishes information for
25 the purpose of group life insurance, group property and
26 casualty insurance, group annuities, group or blanket accident
27 and health insurance, or for the purpose of enrolling
28 individuals under plans, issuing certificates under plans, or
29 otherwise assisting in administering plans, or who performs
30 administrative services related to mass-marketed property and
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 casualty insurance, when no commission is paid to the person
2 for the service.
3 (c) An employer or association or its officers,
4 directors, employees, or the trustees of an employee trust
5 plan, to the extent that the employers, officers, employees,
6 director, or trustees are engaged in the administration or
7 operation of a program of employee benefits for the employer's
8 or association's own employees or the employees of its
9 subsidiaries or affiliates, which program involves the use of
10 insurance issued by an insurer, as long as the employers,
11 associations, officers, directors, employees, or trustees are
12 not in any manner compensated, directly or indirectly, by the
13 company issuing the contracts.
14 (d) Employees of insurers or organizations employed by
15 insurers who are engaging in the inspection, rating, or
16 classification of risks, or in the supervision of the training
17 of insurance producers, and who are not individually engaged
18 in the sale, solicitation, or negotiation of insurance.
19 (e) A person whose activities in this state are
20 limited to advertising without the intent to solicit insurance
21 in this state through communications in printed publications
22 or other forms of electronic mass media whose distribution is
23 not limited to residents of the state, unless the person
24 sells, solicits, or negotiates insurance that would insure
25 risks residing, located, or to be performed in this state.
26 (f) A person who is not a resident of this state who
27 sells, solicits, or negotiates a contract of insurance for
28 commercial property and casualty risks to an insured with
29 risks located in more than one state insured under that
30 contract, provided that that person is otherwise licensed as
31 an insurance producer to sell, solicit, or negotiate that
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 insurance in the state where the insured maintains its
2 principal place of business and the contract of insurance
3 insures risks located in that state.
4 (g) A salaried full-time employee who counsels or
5 advises his or her employer relative to the insurance
6 interests of the employer or of the subsidiaries or business
7 affiliates of the employer, provided that the employee does
8 not sell or solicit insurance or receive a commission.
9 Section 5. Application for examination.--
10 (1) A resident individual applying for an insurance
11 producer license must pass a written examination unless exempt
12 under section 9. The examination shall test the knowledge of
13 the individual concerning the lines of authority for which
14 application is made, the duties and responsibilities of an
15 insurance producer, and the insurance laws and regulations of
16 this state. Examinations required by this section must be
17 developed and conducted under rules prescribed by the
18 Department of Insurance.
19 (2) The Department of Insurance may make arrangements,
20 including contracting with an outside testing service, for
21 administering examinations and collecting the nonrefundable
22 fee prescribed in section 624.501, Florida Statutes.
23 (3) Each individual applying for an examination must
24 remit a nonrefundable fee as prescribed by the Department of
25 Insurance as set forth in section 624.501, Florida Statutes.
26 (4) An individual who fails to appear for the
27 examination as scheduled or fails to pass the examination must
28 reapply for an examination and remit all required fees and
29 forms before being rescheduled for another examination.
30 Section 6. Application for license.--
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 (1) A person applying for a resident insurance
2 producer license must apply to the Department of Insurance on
3 the uniform application and declare under penalty of refusal,
4 suspension, or revocation of the license that the statements
5 made in the application are true, correct, and complete to the
6 best of the individual's knowledge and belief. Before
7 approving the application, the Department of Insurance must
8 find that the individual:
9 (a) Is at least 18 years of age;
10 (b) Has not committed any act that is a ground for
11 denial, suspension, or revocation set forth in section 12;
12 (c) Has completed any prelicensing course of study
13 required by law for the lines of authority for which the
14 person has applied;
15 (d) Has paid the fees set forth in section 624.501,
16 Florida Statutes; and
17 (e) Has successfully passed the examination for the
18 lines of authority for which the person has applied.
19 (2) The Department of Insurance may require any
20 documents reasonably necessary to verify the information
21 contained in an application.
22 (3) Each insurer that sells, solicits, or negotiates
23 any form of limited line credit insurance shall provide to
24 each individual whose duties will include selling, soliciting,
25 or negotiating limited line credit insurance a program of
26 instruction that is approved by the Department of Insurance.
27 Section 7. License.--
28 (1) Unless denied licensure under section 12, persons
29 who have met the requirements of sections 5 and 6 shall be
30 issued an insurance producer license. An insurance producer
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 may receive qualification for a license in one or more of the
2 following lines of authority:
3 (a) Life insurance coverage on human lives, including
4 benefits of endowment and annuities, which may include
5 benefits in the event of death or dismemberment by accident
6 and benefits for disability income.
7 (b) Accident and health or sickness insurance coverage
8 for sickness, bodily injury, or accidental death, which may
9 include benefits for disability income.
10 (c) Property insurance coverage for the direct or
11 consequential loss or damage to property of any kind.
12 (d) Casualty insurance coverage against legal
13 liability, including that for death, injury, or disability or
14 damage to real or personal property.
15 (e) Variable life and variable annuity products
16 insurance coverage provided under variable life insurance
17 contracts and variable annuities.
18 (f) Limited lines insurance.
19 (g) Any other line of insurance permitted under state
20 laws.
21 (2) An insurance producer license remains in effect,
22 unless revoked or suspended, as long as the fee set forth in
23 section 624.501, Florida Statutes, has been paid and the
24 education requirements for resident individual producers have
25 been met by the due date.
26 (3) An individual insurance producer who allows his or
27 her license to lapse may, within 12 months after the due date
28 of the renewal fee, reinstate the same license without the
29 necessity of passing a written examination. However, a penalty
30 in the amount of twice the unpaid renewal fee is required for
31 any renewal fee received after the due date.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 (4) A licensed insurance producer who is unable to
2 comply with license renewal procedures due to military service
3 or other extenuating circumstance such as long-term medical
4 disability may request a waiver of those procedures. The
5 producer may also request a waiver of any examination
6 requirement or any other fine or sanction imposed for failure
7 to comply with renewal procedures.
8 (5) The license shall specify the licensee's name,
9 address, personal identification number, and the date of
10 issuance, the lines of authority, the expiration date, and any
11 other information the Department of Insurance deems necessary.
12 (6) Licensees shall inform the Department of Insurance
13 by any means acceptable to the department of a change of
14 address within 30 days after the change occurs.
15 Section 8. Nonresident licensing.--
16 (1) Unless denied licensure pursuant to section 12, a
17 nonresident person shall receive a nonresident producer
18 license if:
19 (a) The person is currently licensed as a resident and
20 in good standing in his or her home state;
21 (b) The person has submitted the proper request for
22 licensure and has paid the fees required by section 624.501,
23 Florida Statutes;
24 (c) The person has submitted or transmitted to the
25 Department of Insurance the application for licensure which
26 the person submitted to his or her home state, or in lieu of
27 the same, a completed uniform application; and
28 (d) The person's home state awards nonresident
29 producer licenses to residents of this state on the same
30 basis.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 (2) The Department of Insurance may verify the
2 producer's licensing status through the producer database
3 maintained by the National Association of Insurance
4 Commissioners, its affiliates, or its subsidiaries.
5 (3) A nonresident producer who moves from one state to
6 another state or a resident producer who moves from this state
7 to another state must file a change of address and provide
8 certification from the new resident state within 30 days after
9 the change of legal residence. A fee or license application is
10 not required.
11 (4) Notwithstanding any other provision of this act, a
12 person licensed as a surplus lines producer in his or her home
13 state shall receive a nonresident surplus lines producer
14 license pursuant to subsection (1). Except for subsection (1),
15 nothing in this section otherwise amends or supersedes any
16 provision of the Florida Statutes relating to surplus lines
17 insurance.
18 (5) Notwithstanding any other provisions of this act,
19 a person licensed as a limited lines producer in his or her
20 home state shall receive a nonresident limited lines producer
21 license, pursuant to subsection (1), granting the same scope
22 of authority as granted under the license issued by the
23 producer's home state. For the purposes of this subsection,
24 limited lines insurance is any authority granted by the home
25 state which restricts the authority under the license to less
26 than the total authority prescribed in the associated major
27 lines under section 7(1)(a)-(e).
28 Section 9. Exemption from examination.--
29 (1) An individual who applies for an insurance
30 producer license in this state who was previously licensed for
31 the same lines of authority in another state is not required
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 to complete any prelicensing education or examination. The
2 exemption is available only if the person is currently
3 licensed in that state or if the application is received
4 within 90 days after the cancellation of the applicant's
5 previous license and if the prior state issues a certification
6 that, at the time of cancellation, the applicant was in good
7 standing in that state or that the state's producer database
8 records, maintained by the National Association of Insurance
9 Commissioners, its affiliates, or its subsidiaries, indicate
10 that the producer is or was licensed in good standing for the
11 line of authority requested.
12 (2) A person licensed as an insurance producer in
13 another state who moves to this state must apply within 90
14 days after establishing legal residence to become a resident
15 licensee under section 6. Prelicensing education and
16 examination are not required of that person to obtain any line
17 of authority previously held in the prior state unless the
18 Department of Insurance requires otherwise by rule.
19 Section 10. Assumed names.--An insurance producer
20 doing business under any name other than the producer's legal
21 name must notify the Department of Insurance prior to using
22 the assumed name.
23 Section 11. Temporary licensing.--
24 (1) The Department of Insurance may issue a temporary
25 insurance producer license for a period not to exceed 180 days
26 without requiring an examination if it finds that the
27 temporary license is necessary for the servicing of an
28 insurance business in the following cases:
29 (a) To the surviving spouse or court-appointed
30 personal representative of a licensed insurance producer who
31 dies or becomes mentally or physically disabled, to allow
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 adequate time for the sale of the insurance business owned by
2 the producer or for the recovery or return of the producer to
3 the business or to provide for the training and licensing of
4 new personnel to operate the producer's business.
5 (b) To a member or employee of a business entity
6 licensed as an insurance producer, upon the death or
7 disability of an individual designated in the business entity
8 application or the license.
9 (c) To the designee of a licensed insurance producer
10 entering active service in the armed forces of the United
11 States of America.
12 (d) In any other circumstance under which the
13 Department of Insurance considers that the public interest
14 will be best served by the issuance of this license.
15 (2) The Department of Insurance may by order limit the
16 authority of any temporary licensee in any way considered
17 necessary to protect insureds and the public. The Department
18 of Insurance may require the temporary licensee to have a
19 suitable sponsor who is a licensed producer or insurer and who
20 assumes responsibility for all acts of the temporary licensee,
21 and may impose other similar requirements designed to protect
22 insureds and the public. The Department of Insurance may by
23 order revoke a temporary license if the interests of insureds
24 or the public are endangered. A temporary license may not
25 continue after the owner or the personal representative
26 disposes of the business.
27 Section 12. License denial, nonrenewal, or
28 revocation.--
29 (1) The Department of Insurance may place on
30 probation, suspend, revoke, or refuse to issue or renew an
31 insurance producer's license or may levy a civil penalty in
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 accordance with section 626.681, Florida Statutes, or any
2 combination of actions, for any one or more of the following
3 causes:
4 (a) Providing incorrect, misleading, incomplete, or
5 materially untrue information in the license application.
6 (b) Violating any insurance laws, or violating any
7 rule, subpoena, or order of the Department of Insurance or of
8 the comparable agency of another state.
9 (c) Obtaining or attempting to obtain a license
10 through misrepresentation or fraud.
11 (d) Improperly withholding, misappropriating, or
12 converting any moneys or properties received in the course of
13 doing insurance business.
14 (e) Intentionally misrepresenting the terms of an
15 actual or proposed insurance contract or application for
16 insurance.
17 (f) Having been convicted of a felony.
18 (g) Having admitted or been found to have committed
19 any insurance unfair trade practice or fraud.
20 (h) Using fraudulent, coercive, or dishonest
21 practices, or demonstrating incompetence, untrustworthiness,
22 or financial irresponsibility in the conduct of business in
23 this state or elsewhere.
24 (i) Having an insurance producer license, or its
25 equivalent, denied, suspended, or revoked in any other state,
26 province, district, or territory.
27 (j) Forging another's name to an application for
28 insurance or to any document related to an insurance
29 transaction.
30 (k) Improperly using notes or any other reference
31 material to complete an examination for an insurance license.
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 (l) Knowingly accepting insurance business from an
2 individual who is not licensed.
3 (m) Failing to comply with an administrative or court
4 order imposing a child-support obligation.
5 (2) If the Department of Insurance fails to renew or
6 denies an application for a license, it shall advise, in
7 writing, the applicant or licensee of the reason for the
8 denial or nonrenewal. The applicant or licensee may make
9 written demand upon the Department of Insurance within 15 days
10 for a hearing to determine the reasonableness of the action.
11 The hearing must be held pursuant to chapter 120, Florida
12 Statutes.
13 (3) The license of a business entity may be suspended,
14 revoked, or refused if the Department of Insurance finds,
15 after hearing, that an individual licensee's violation was
16 known or should have been known by one or more of the
17 partners, officers, or managers acting on behalf of the
18 partnership or corporation and that the violation was not
19 reported to the department nor corrective action taken.
20 (4) In addition to or in lieu of any applicable
21 denial, suspension, or revocation of a license, a person may,
22 after hearing, be subject to a civil fine in accordance with
23 section 626.681, Florida Statutes.
24 (5) The Department of Insurance shall retain the
25 authority to enforce the provisions of and impose any penalty
26 or remedy authorized by this act and chapter 626, Florida
27 Statutes, against any person who is under investigation for or
28 charged with a violation of this act or chapter 626, Florida
29 Statutes, even if the person's license or registration has
30 been surrendered or has lapsed by operation of law.
31 Section 13. Commissions.--
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 (1) An insurance company or insurance producer may not
2 pay a commission, service fee, brokerage, or other valuable
3 consideration to a person for selling, soliciting, or
4 negotiating insurance in this state if that person is required
5 to be licensed under this act and is not so licensed.
6 (2) A person may not accept a commission, service fee,
7 brokerage, or other valuable consideration for selling,
8 soliciting, or negotiating insurance in this state if that
9 person is required to be licensed under this act and is not so
10 licensed.
11 (3) Renewal or other deferred commissions may be paid
12 to a person for selling, soliciting, or negotiating insurance
13 in this state if the person was required to be licensed under
14 this act at the time of the sale, solicitation, or negotiation
15 and was so licensed at that time.
16 (4) An insurer or insurance producer may pay or assign
17 commissions, service fees, brokerages, or other valuable
18 consideration to an insurance agency or to persons who do not
19 sell, solicit, or negotiate insurance in this state, unless
20 the payment would violate section 626.572, Florida Statutes.
21 Section 14. Appointments.--
22 (1) An insurance producer may not act as an agent of
23 an insurer unless the insurance producer becomes an appointed
24 agent of that insurer. An insurance producer who is not acting
25 as an agent of an insurer is not required to become appointed.
26 (2) Upon receipt of the notice of appointment, the
27 Department of Insurance must verify within a reasonable time
28 not to exceed 30 days that the insurance producer is eligible
29 for appointment. If the insurance producer is found to be
30 ineligible for appointment, the department shall, within 5
31 days, notify the insurer of that determination.
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 (3) An insurer shall pay an appointment fee, in the
2 amount and method of payment set forth in section 624.501,
3 Florida Statutes, for each insurance producer appointed by the
4 insurer.
5 (4) An insurer shall remit, in a manner prescribed by
6 the Department of Insurance, a renewal appointment fee in the
7 amount set forth in section 624.501, Florida Statutes.
8 Section 15. Notification to Department of Insurance of
9 termination.--
10 (1) An insurer or authorized representative of the
11 insurer that terminates the appointment, employment, contract,
12 or other insurance business relationship with a producer shall
13 notify the Department of Insurance within 30 days following
14 the effective date of the termination, using a format
15 prescribed by the department, if the reason for termination is
16 one of the reasons set forth in section 12 or if the insurer
17 knows that the producer has been found by a court, government
18 body, or self-regulatory organization authorized by law to
19 have engaged in any of the activities in section 12. Upon the
20 written request of the Department of Insurance, the insurer
21 shall provide additional information, documents, records, or
22 other data pertaining to the termination or activity of the
23 producer.
24 (2) An insurer or authorized representative of the
25 insurer that terminates the appointment, employment, or
26 contract with a producer for any reason not set forth in
27 section 12 shall notify the Department of Insurance within 30
28 days following the effective date of the termination, using a
29 format prescribed by the department. Upon written request of
30 the Department of Insurance, the insurer shall provide
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 additional information, documents, records, or other data
2 pertaining to the termination.
3 (3) The insurer or the authorized representative of
4 the insurer shall promptly notify the Department of Insurance
5 in a format acceptable to the department if, upon further
6 review or investigation, the insurer discovers additional
7 information that should have been reported to the department
8 in accordance with subsection (1) had the insurer then known
9 of its existence.
10 (4)(a) Within 15 days after making the notification
11 required by subsection (1), subsection (2), or subsection (3),
12 the insurer shall mail a copy of the notification to the
13 producer at his or her last known address. If the producer is
14 terminated for cause for any of the reasons listed in section
15 12, the insurer shall provide a copy of the notification to
16 the producer at his or her last known address by certified
17 mail, return receipt requested, postage prepaid, or by
18 overnight delivery using a nationally recognized carrier.
19 (b) Within 30 days after the producer has received the
20 original or additional notification, the producer may file
21 written comments concerning the substance of the notification
22 with the Department of Insurance. The producer shall by the
23 same means, simultaneously send a copy of the comments to the
24 reporting insurer, and the comments shall become a part of the
25 Department of Insurance's file and accompany each copy of a
26 report distributed or disclosed for any reason concerning the
27 producer.
28 (5)(a) In the absence of actual malice, an insurer,
29 the authorized representative of the insurer, a producer, the
30 Department of Insurance, or an organization of which the
31 Insurance Commissioner is a member and which compiles the
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 information and makes it available to other insurance
2 commissioners or to regulatory or law enforcement agencies is
3 not subject to civil liability, and a civil cause of action of
4 any nature may not arise against these entities of their
5 respective agents or employees as a result of any statement or
6 information required by or provided under this section or any
7 information relating to any statement that is requested in
8 writing by the Department of Insurance, from an insurer or
9 producer, or a statement by a terminating insurer or producer
10 to an insurer or producer, limited solely and exclusively to
11 whether a termination for cause under subsection (1) was
12 reported to the Department of Insurance, provided that the
13 propriety of any termination for cause under subsection (1) is
14 certified in writing by an officer or authorized
15 representative of the insurer or producer terminating the
16 relationship.
17 (b) In any action brought against a person that has
18 immunity under paragraph (a) for making any statement required
19 by this section or providing any information relating to any
20 statement that has been requested by the Department of
21 Insurance, the party bringing the action must plead
22 specifically in any allegation that paragraph (a) does not
23 apply because the person making the statement or providing the
24 information did so with actual malice.
25 (c) Neither paragraph (a) nor paragraph (b) abrogates
26 or modifies any other statutory or common-law privilege or
27 immunity.
28 (6) An insurer, the authorized representative of the
29 insurer, or a producer that fails to report as required under
30 this section or that is found to have reported with actual
31 malice by a court of competent jurisdiction may, after notice
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 and hearing, have its license or certificate of authority
2 suspended or revoked and may be fined in accordance with
3 section 626.681, Florida Statutes.
4 Section 16. Reciprocity.--
5 (1) The Department of Insurance may not assess a
6 greater fee for an insurance license or related service to a
7 person not residing in this state based solely on the fact
8 that the person does not reside in this state.
9 (2) The Department of Insurance may waive any
10 requirements for a nonresident license applicant with a valid
11 license from his or her home state, except the requirements
12 imposed by section 8, if the applicant's home state awards
13 nonresident licenses to residents of this state on the same
14 basis.
15 (3) A nonresident producer's satisfaction of his or
16 her home state's continuing education requirements for
17 licensed insurance producers constitutes satisfaction of this
18 state's continuing education requirements if the nonresident
19 producer's home state recognizes the satisfaction of its
20 continuing education requirements imposed upon producers from
21 this state on the same basis.
22 Section 17. Reporting of actions.--
23 (1) A producer shall report to the Department of
24 Insurance any administrative action taken against the producer
25 in another jurisdiction or by another governmental agency in
26 this state within 30 days after the final disposition of the
27 matter. This report must include a copy of the order, consent
28 to order, or other relevant legal documents.
29 (2) Within 30 days after the initial pretrial hearing
30 date, a producer must report to the Department of Insurance
31 any criminal prosecution of the producer undertaken in any
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 825
760-109A-02
1 jurisdiction. The report must include a copy of the initial
2 complaint filed, the order resulting from the hearing, and any
3 other relevant legal documents.
4 Section 18. Regulations.--The Department of Insurance
5 may, in accordance with chapter 120, Florida Statutes, adopt
6 rules necessary to carry out the purposes of this act.
7 Section 19. Severability.--If any provision of this
8 act or its application to any person or circumstances, is held
9 invalid, the invalidity does not affect other provisions or
10 application of the act which can be given effect without the
11 invalid provision or application, and to this end the
12 provisions of this act are severable.
13 Section 20. Any statute inconsistent with this act is
14 repealed to the extent of the inconsistency.
15 Section 21. This act shall take effect January 1,
16 2003.
17
18 *****************************************
19 LEGISLATIVE SUMMARY
20
Creates the Insurance Producer Licensing Act. See bill
21 for details.
22
23
24
25
26
27
28
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.