HOUSE AMENDMENT Bill No. HB 513 CS
1	CHAMBER ACTION
2	Senate House
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12	Representatives Benson and Brown offered the following:
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14	Amendment (with amendment)
15	Between lines 22 and 23, insert:
16	Section 1. Section 624.04, Florida Statutes, is amended to
17	read:
18	624.04 "Person" defined.--"Person" includes an individual,
19	insurer, company, association, organization, Lloyds, society,
20	reciprocal insurer or interinsurance exchange, partnership,
21	syndicate, business trust, corporation, agent, general agent,
22	broker, solicitor,service representative, adjuster, and every
23	legal entity.
24	Section 2. Subsection (2) of section 624.303, Florida
25	Statutes, is amended to read:
26	624.303 Seal; certified copies as evidence.--
27	(2) All certificates executed by the department, other
28	than licenses of agents, solicitors,or adjusters or similar
29	licenses or permits, shall bear its seal.
30	Section 3. Paragraph (a) of subsection (2) of section
31	624.313, Florida Statutes, is amended to read:
32	624.313 Publications.--
33	(2) The department may prepare and have printed and
34	published in pamphlet or book form the following:
35	(a) As needed, questions and answers for the use of
36	persons applying for an examination for licensing as agents or
37	solicitorsfor property, casualty, surety, health, and
38	miscellaneous insurers.
39	Section 4. Subsection (2) of section 624.317, Florida
40	Statutes, is amended to read:
41	624.317 Investigation of agents, adjusters,
42	administrators, service companies, and others.--If it has reason
43	to believe that any person has violated or is violating any
44	provision of this code, or upon the written complaint signed by
45	any interested person indicating that any such violation may
46	exist, the department shall conduct such investigation as it
47	deems necessary of the accounts, records, documents, and
48	transactions pertaining to or affecting the insurance affairs of
49	any:
50	(2) Insurance agent or, customer representative, or
51	solicitor, subject to the requirements of s. 626.601.
52	Section 5. Section 624.34, Florida Statutes, is amended to
53	read:
54	624.34 Authority of Department of Law Enforcement to
55	accept fingerprints of, and exchange criminal history records
56	with respect to, certain persons.--
57	(1) The Department of Law Enforcement may accept
58	fingerprints of organizers, incorporators, subscribers,
59	officers, stockholders, directors, or any other persons
60	involved, directly or indirectly, in the organization,
61	operation, or management of:
62	(a) Any insurer or proposed insurer transacting or
63	proposing to transact insurance in this state.
64	(b) Any other entity which is examined or investigated or
65	which is eligible to be examined or investigated under the
66	provisions of the Florida Insurance Code.
67	(2) The Department of Law Enforcement may accept
68	fingerprints of individuals who apply for a license as an agent,
69	customer representative, adjuster, service representative, or
70	managing general agent or the fingerprints of the majority
71	owner, sole proprietor, partners, officers, and directors of a
72	corporation or other legal entity that applies for licensure
73	with the department under the provisions of the Florida
74	Insurance Code.
75	(3) The Department of Law Enforcement may, to the extent
76	provided for by federal law, exchange state, multistate, and
77	federal criminal history records with the department and the
78	office for the purpose of the issuance, denial,suspension, or
79	revocation of a certificate of authority, certification,or
80	license to operate in this state.
81	(4) The Department of Law Enforcement may accept
82	fingerprints of any other person required by statute or rule to
83	submit fingerprints to the department or office or any applicant
84	or licensee regulated by the department or office who is
85	required to demonstrate that he or she has not been convicted of
86	or pled guilty or nolo contendere to a felony or a misdemeanor.
87	(5) The Department of Law Enforcement shall, upon receipt
88	of fingerprints from the department or office, submit the
89	fingerprints to the Federal Bureau of Investigation to check
90	federal criminal history records.
91	(6) Statewide criminal records obtained through the
92	Department of Law Enforcement, federal criminal records obtained
93	through the Federal Bureau of Investigation, and local criminal
94	records obtained through local law enforcement agencies shall be
95	used by the department and office for the purpose of issuance,
96	denial, suspension, or revocation of certificates of authority,
97	certifications, or licenses issued to operate in this state.
98	Section 6. Paragraph (b) of subsection (6) of section
99	624.501, Florida Statutes, is amended, and subsection (28) is
100	added to that section, to read:
101	624.501 Filing, license, appointment, and miscellaneous
102	fees.--The department shall collect in advance, and persons so
103	served shall pay to it in advance, fees, licenses, and
104	miscellaneous charges as follows:
105	(6) Insurance representatives, property, marine, casualty,
106	and surety insurance.
107	(b) Solicitor's orCustomer representative's original
108	appointment and biennial renewal or continuation thereof:
109	Appointment fee....$42.00
110	State tax....12.00
111	County tax....6.00
112	Total....$60.00
113	(28) Late filing of appointment renewals for agents,
114	adjusters, and other insurance representatives, each
115	appointment....$20.00
116	Section 7. Section 624.504, Florida Statutes, is amended
117	to read:
118	624.504 Liability for state, county tax.--
119	(1)Each authorized insurer that uses insurance agents in
120	this state shall be liable for and shall pay the state and
121	county taxes required therefor under s. 624.501 or s. 624.505.
122	(2) Each insurance agent in this state that uses
123	solicitors shall be liable for and shall pay the state and
124	county taxes required therefor under s. 624.501.
125	Section 8. Subsection (1) of section 624.506, Florida
126	Statutes, is amended to read:
127	624.506 County tax; deposit and remittance.--
128	(1) The Insurance Commissioner and Treasurer shall deposit
129	in the Agents and SolicitorsCounty Tax Trust Fund all moneys
130	accepted as county tax under this part. She or he shall keep a
131	separate account for all moneys so collected for each county
132	and, after deducting therefrom the service charges provided for
133	in s. 215.20, shall remit the balance to the counties.
134	Section 9. Subsection (1) of section 624.521, Florida
135	Statutes, is amended to read:
136	624.521 Deposit of certain tax receipts; refund of
137	improper payments.--
138	(1) The Department of Insurance shall promptly deposit in
139	the State Treasury to the credit of the Insurance Commissioner's
140	Regulatory Trust Fund all "state tax" portions of agents' and
141	solicitors'licenses collected under s. 624.501 necessary to
142	fund the Division of Insurance Fraud. The balance of the tax
143	shall be credited to the General Fund. All moneys received by
144	the Department of Insurance not in accordance with the
145	provisions of this code or not in the exact amount as specified
146	by the applicable provisions of this code shall be returned to
147	the remitter. The records of the department shall show the date
148	and reason for such return.
149	Section 10. Section 626.015, Florida Statutes, is amended
150	to read:
151	626.015 Definitions.--As used in this part:
152	(1) "Adjuster" means a public adjuster as defined in s.
153	626.854, independent adjuster as defined in s. 626.855, or
154	company employee adjuster as defined in s. 626.856.
155	(2) "Administrative agent" means a life agent or health
156	agent who:
157	(a) Is employed by a full-time licensed life agent or
158	health agent who shall supervise and be accountable for the
159	actions of the administrative agent.
160	(b) Performs primarily administrative functions.
161	(c) Receives no insurance commissions.
162	(d) Does not solicit or transact business outside of the
163	confines of an insurance agency office.
164	(2)(3)"Agent" means a general lines agent, life agent,
165	health agent, or title agent, or all such agents, as indicated
166	by context. The term "agent" includes an insurance producer or
167	producer, but does not include a customer representative,
168	limited customer representative, or service representative.
169	(3)(4)"Appointment" means the authority given by an
170	insurer or employer to a licensee to transact insurance or
171	adjust claims on behalf of an insurer or employer.
172	(4)(5)"Customer representative" means an individual
173	appointed by a general lines agent or agency to assist that
174	agent or agency in transacting the business of insurance from
175	the office of that agent or agency.
176	(5)(6)"Department" means the Department of Insurance.
177	(6)(7)"General lines agent" means an agent transacting
178	any one or more of the following kinds of insurance:
179	(a) Property insurance.
180	(b) Casualty insurance, including commercial liability
181	insurance underwritten by a risk retention group, a commercial
182	self-insurance fund as defined in s. 624.462, or a workers'
183	compensation self-insurance fund established pursuant to s.
184	624.4621.
185	(c) Surety insurance.
186	(d) Health insurance, when transacted by an insurer also
187	represented by the same agent as to property or casualty or
188	surety insurance.
189	(e) Marine insurance.
190	(7)(8)"Health agent" means an agent representing a health
191	maintenance organization or, as to health insurance only, an
192	insurer transacting health insurance.
193	(8)(9)"Home state" means the District of Columbia and any
194	state or territory of the United States in which an insurance
195	agent maintains his or her principal place of residence and is
196	licensed to act as an insurance agent.
197	(9)(10)"Insurance agency" means a business location at
198	which an individual, firm, partnership, corporation,
199	association, or other entity, other than an employee of the
200	individual, firm, partnership, corporation, association, or
201	other entity and other than an insurer as defined by s. 624.03
202	or an adjuster as defined by subsection (1), engages in any
203	activity or employs individuals to engage in any activity which
204	by law may be performed only by a licensed insurance agent.
205	(10)(11)"License" means a document issued by the
206	department authorizing a person to be appointed to transact
207	insurance or adjust claims for the kind, line, or class of
208	insurance identified in the document.
209	(11)(12)"Life agent" means an individual representing an
210	insurer as to life insurance and annuity contracts, including
211	agents appointed to transact life insurance, fixed-dollar
212	annuity contracts, or variable contracts by the same insurer.
213	(12)(13)"Limited customer representative" means a
214	customer representative appointed by a general lines agent or
215	agency to assist that agent or agency in transacting only the
216	business of private passenger motor vehicle insurance from the
217	office of that agent or agency. A limited customer
218	representative is subject to the Florida Insurance Code in the
219	same manner as a customer representative, unless otherwise
220	specified.
221	(13)(14)"Limited lines insurance" means those categories
222	of business specified in ss. 626.321 and 635.011.
223	(14)(15)"Line of authority" means a kind, line, or class
224	of insurance an agent is authorized to transact.
225	(15)(16)(a) "Managing general agent" means any person
226	managing all or part of the insurance business of an insurer,
227	including the management of a separate division, department, or
228	underwriting office, and acting as an agent for that insurer,
229	whether known as a managing general agent, manager, or other
230	similar term, who, with or without authority, separately or
231	together with affiliates, produces directly or indirectly, or
232	underwrites an amount of gross direct written premium equal to
233	or more than 5 percent of the policyholder surplus as reported
234	in the last annual statement of the insurer in any single
235	quarter or year and also does one or more of the following:
236	1. Adjusts or pays claims.
237	2. Negotiates reinsurance on behalf of the insurer.
238	(b) The following persons shall not be considered managing
239	general agents:
240	1. An employee of the insurer.
241	2. A United States manager of the United States branch of
242	an alien insurer.
243	3. An underwriting manager managing all the insurance
244	operations of the insurer pursuant to a contract, who is under
245	the common control of the insurer subject to regulation under
246	ss. 628.801-628.803, and whose compensation is not based on the
247	volume of premiums written.
248	4. Administrators as defined by s. 626.88.
249	5. The attorney in fact authorized by and acting for the
250	subscribers of a reciprocal insurer under powers of attorney.
251	(16)(17)"Resident" means an individual domiciled and
252	residing in this state.
253	(17)(18)"Service representative" means an individual
254	employed by an insurer or managing general agent for the purpose
255	of assisting a general lines agent in negotiating and effecting
256	insurance contracts when accompanied by a licensed general lines
257	agent. A service representative shall not be simultaneously
258	licensed as a general lines agent in this state. This subsection
259	does not apply to life insurance.
260	(18)(19)"Uniform application" means the uniform
261	application of the National Association of Insurance
262	Commissioners for nonresident agent licensing, effective January
263	15, 2001, or subsequent versions adopted by rule by the
264	department.
265	Section 11. Subsection (1) of section 626.022, Florida
266	Statutes, is amended to read:
267	626.022 Scope of part.--
268	(1) This part applies as to insurance agents, solicitors,
269	service representatives, adjusters, and insurance agencies; as
270	to any and all kinds of insurance; and as to stock insurers,
271	mutual insurers, reciprocal insurers, and all other types of
272	insurers, except that:
273	(a) It does not apply as to reinsurance, except that ss.
274	626.011-626.031, ss. 626.102-626.181, ss. 626.191-626.211, ss.
275	626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541-
276	626.591, and ss. 626.601-626.711 shall apply as to reinsurance
277	intermediaries as defined in s. 626.7492.
278	(b) The applicability of this chapter as to fraternal
279	benefit societies shall be as provided in chapter 632.
280	(c) It does not apply to a bail bond agent, as defined in
281	s. 648.25, except as provided in chapter 648 or chapter 903.
282	(d) This part does not apply to a certified public
283	accountant licensed under chapter 473 who is acting within the
284	scope of the practice of public accounting, as defined in s.
285	473.302, provided that the activities of the certified public
286	accountant are limited to advising a client of the necessity of
287	obtaining insurance, the amount of insurance needed, or the line
288	of coverage needed, and provided that the certified public
289	accountant does not directly or indirectly receive or share in
290	any commission or, referral fee, or solicitor's fee.
291	Section 12. Paragraph (a) of subsection (7) of section
292	626.112, Florida Statutes, is amended to read:
293	626.112 License and appointment required; agents, customer
294	representatives, adjusters, insurance agencies, service
295	representatives, managing general agents.--
296	(7)(a) No individual, firm, partnership, corporation,
297	association, or any other entity shall act in its own name or
298	under a trade name, directly or indirectly, as an insurance
299	agency, when required to be licensed by this subsection, unless
300	it complies with s. 626.172 with respect to possessing an
301	insurance agency license for each place of business at which it
302	engages in any activity which may be performed only by a
303	licensed insurance agent or solicitor.
304	Section 13. Paragraph (a) of subsection (2) and subsection
305	(5) of section 626.171, Florida Statutes, are amended to read:
306	626.171 Application for license.--
307	(2) In the application, the applicant shall set forth:
308	(a) His or her full name, age, social security number,
309	residence address, and place of business address, and mailing
310	address.
311	(5) An application for a license as an agent, customer
312	representative, adjuster, insurance agency, service
313	representative, managing general agent, or reinsurance
314	intermediary must be accompanied by a set of the individual
315	applicant's fingerprints, or, if the applicant is not an
316	individual, by a set of the fingerprints of the sole proprietor,
317	majority owner, partners, officers, and directors, on a form
318	adopted by rule of the department and accompanied by the
319	fingerprint processing fee set forth in s. 624.501. Fingerprints
320	shall be used to investigate the applicant's qualifications
321	pursuant to s. 626.201. The fingerprints shall be taken
322	certified by a law enforcement agency or other department-
323	approved entityofficer.
324	Section 14. Subsection (1) of section 626.175, Florida
325	Statutes, is amended to read:
326	626.175 Temporary licensing.--
327	(1) The department may issue a nonrenewable temporary
328	license for a period not to exceed 6 months authorizing
329	appointment of a general lines insurance agent or a life agent,
330	or an industrial fire or burglary agent, subject to the
331	conditions described in this section. The fees paid for a
332	temporary license and appointment shall be as specified in s.
333	624.501. Fees paid shall not be refunded after a temporary
334	license has been issued.
335	(a) An applicant for a temporary license must be:
336	1. A natural person at least 18 years of age.
337	2. A United States citizen or legal alien who possesses
338	work authorization from the United States Immigration and
339	Naturalization Service.
340	(b)(a)1. In the case of a general lines agent, the
341	department may issue a temporary license to an employee, a
342	family member, a business associate, or a personal
343	representative of a licensed general lines agent for the purpose
344	of continuing or winding up the business affairs of the agent or
345	agency in the event the licensed agent has died or become unable
346	to perform his or her duties because of military service or
347	illness or other physical or mental disability, subject to the
348	following conditions:
349	a. No other individual connected with the agent's business
350	may be licensed as a general lines agent.
351	b. The proposed temporary licensee shall be qualified for
352	a regular general lines agent license under this code except as
353	to residence, examination, education, or experience.
354	c. Application for the temporary license shall have been
355	made by the applicant upon statements and affidavit filed with
356	the department on forms prescribed and furnished by the
357	department.
358	d. Under a temporary license and appointment, the licensee
359	shall not represent any insurer not last represented by the
360	agent being replaced and shall not be licensed or appointed as
361	to any additional kind, line, or class of insurance other than
362	those covered by the last existing agency appointments of the
363	replaced agent. If an insurer withdraws from the agency during
364	the temporary license period, the temporary licensee may be
365	appointed by another similar insurer but only for the period
366	remaining under the temporary license.
367	2. A regular general lines agent license may be issued to
368	a temporary licensee upon meeting the qualifications for a
369	general lines agent license under s. 626.731.
370	(c)(b)In the case of a life agent, the department may
371	issue a temporary license:
372	1. To the executor or administrator of the estate of a
373	deceased individual licensed and appointed as a life agent at
374	the time of death;
375	2. To a surviving next of kin of the deceased individual,
376	if no administrator or executor has been appointed and
377	qualified; however, any license and appointment under this
378	subparagraph shall be canceled upon issuance of a license to an
379	executor or administrator under subparagraph 1.; or
380	3. To an individual otherwise qualified to be licensed as
381	an agent who has completed the educational or training
382	requirements prescribed in s. 626.7851 and has successfully sat
383	for the required examination prior to termination of such 6-
384	month period. The department may issue this temporary license
385	only in the case of a life agent to represent an insurer of the
386	industrial or ordinary-combination class.
387	(d)(c)In the case of a limited license authorizing
388	appointment as an industrial fire or burglary agent, the
389	department may issue a temporary license to an individual
390	otherwise qualified to be licensed as an agent who has completed
391	the educational or training requirements prescribed in s.
392	626.732 and has successfully sat for the required examination
393	prior to termination of the 6-month period.
394	Section 15. Section 626.202, Florida Statutes, is amended
395	to read:
396	626.202 Fingerprinting requirements.--If there is a change
397	in ownership or control of any entity licensed under this
398	chapter, or if a new partner, officer, or director is employed
399	or appointed, a set of fingerprints of the new owner, partner,
400	officer, or director must be filed with the department within 30
401	days after the change. The acquisition of 10 percent or more of
402	the voting securities of a licensed entity is considered a
403	change of ownership or control. The fingerprints must be taken
404	certified by a law enforcement agency or other department-
405	approved entityofficerand be accompanied by the fingerprint
406	processing fee in s. 624.501.
407	Section 16. Section 626.201, Florida Statutes, is amended
408	to read:
409	626.201 Investigation.--
410	(1)The department may propound any reasonable
411	interrogatories in addition to those contained in the
412	application, to any applicant for license or appointment, or on
413	any renewal, reinstatement, or continuation thereof, relating to
414	his or her qualifications, residence, prospective place of
415	business, and any other matter which, in the opinion of the
416	department, is deemed necessary or advisable for the protection
417	of the public and to ascertain the applicant's qualifications.
418	(2)The department may, upon completion of the
419	application, make such further investigation as it may deem
420	advisable of the applicant's character, experience, background,
421	and fitness for the license or appointment. Such an inquiry or
422	investigation shall be in addition to any examination required
423	to be taken by the applicant as hereinafter in this chapter
424	provided.
425	(3) An inquiry or investigation of the applicant's
426	qualifications, character, experience, background, and fitness
427	must include submission of the applicant's fingerprints to the
428	Department of Law Enforcement and the Federal Bureau of
429	Investigation and consideration of any state criminal records,
430	federal criminal records, or local criminal records obtained
431	from these agencies or from local law enforcement agencies.
432	Section 17. Paragraphs (e), (f), (g), and (k) of
433	subsection (2) of section 626.221, Florida Statutes, are amended
434	to read:
435	626.221 Examination requirement; exemptions.--
436	(2) However, no such examination shall be necessary in any
437	of the following cases:
438	(e) An individual who qualified as a managing general
439	agent, service representative, customer representative, or all-
440	lines adjuster by passing a general lines agent's examination
441	and subsequently was licensed and appointed and has been
442	actively engaged in all lines of property and casualty insurance
443	may, upon filing an application for appointment, be licensed and
444	appointed as a general lines agent for the same kinds of
445	business without taking another examination if he or she holds
446	any such currently effective license referred to in this
447	paragraph or held the license within 4824months prior to the
448	date of filing the application with the department.
449	(f) A person who has been licensed and appointed by the
450	department as a public adjuster or independent adjuster, or
451	licensed and appointed either as an agent or company adjuster as
452	to all property, casualty, and surety insurances, may be
453	licensed and appointed as a company adjuster as to any of such
454	insurances, or as an independent adjuster or public adjuster,
455	without additional written examination if an application for
456	appointment is filed with the department within 4824months
457	following the date of cancellation or expiration of the prior
458	appointment.
459	(g) A person who has been licensed by the department as an
460	adjuster for motor vehicle, property and casualty, workers'
461	compensation, and health insurance may be licensed as such an
462	adjuster without additional written examination if his or her
463	application for appointment is filed with the department within
464	4824months after cancellation or expiration of the prior
465	license.
466	(k) An applicant for license as a customer representative
467	who has the designation of Accredited Advisor in Insurance (AAI)
468	from the Insurance Institute of America, the designation of
469	Certified Insurance Counselor (CIC) from the Society of
470	Certified Insurance Service Counselors, the designation of
471	Accredited Customer Service Representative (ACSR) from the
472	Independent Insurance Agents of America, the designation of
473	Certified Professional Service Representative (CPSR) from the
474	National Foundation for Certified Professional Service
475	RepresentativesAssociation of Professional Insurance Agents,
476	the designation of Certified Insurance Service Representative
477	(CISR) from the Society of Certified Insurance Service
478	Representatives. Also, an applicant for license as a customer
479	representative who has the designation of Certified Customer
480	Service Representative (CCSR) from the Florida Association of
481	Insurance Agents, or the designation of Registered Customer
482	Service Representative (RCSR) from a regionally accredited
483	postsecondary institution in this state, or the designation of
484	Professional Customer Service Representative (PCSR) from the
485	Professional Career Institute, whose curriculum has been
486	approved by the department and whose curriculum includes
487	comprehensive analysis of basic property and casualty lines of
488	insurance and testing at least equal to that of standard
489	department testing for the customer representative license. The
490	department shall adopt rules establishing standards for the
491	approval of curriculum.
492	Section 18. Paragraphs (a), (c), and (d) of subsection
493	(3), paragraphs (a), (b), (c), (d),(g), (h), and (i) of
494	subsection (4), and paragraph (b) of subsection (6) of section
495	626.2815, Florida Statutes, are amended to read:
496	626.2815 Continuing education required; application;
497	exceptions; requirements; penalties.--
498	(3)(a) Each person subject to the provisions of this
499	section must, except as set forth in paragraphs (b) and (c),
500	complete a minimum of 2428hours of continuing education
501	courses every 2 years in basic or higher-level courses
502	prescribed by this section or in other courses approved by the
503	department. Each person subject to the provisions of this
504	section must complete, as part of his or hertheirrequired
505	number of continuing education hours, 3 hours of continuing
506	education, approved by the department, every 2 years on the
507	subject matter of ethics anda minimum of 2 hours of continuing
508	education, approved by the department, every 2 years on the
509	subject matter of unauthorized entities engaging in the business
510	of insurance. The scope of the topic of unauthorized entities
511	shall include the Florida Nonprofit Multiple Employer Welfare
512	Arrangement Act and the Employee Retirement Income Security Act,
513	29 U.S.C. ss. 1001 et seq., as it relates to the provision of
514	health insurance by employers to their employees and the
515	regulation thereof.
516	(c) A licensee who has been licensed for 25 years or more
517	and is a CLU or a CPCU or has a Bachelor of Science degree in
518	risk management or insurance with evidence of 18 or more
519	semester hours in upper-level insurance-related courses must
520	complete 1214hours of continuing education courses every 2
521	years in courses prescribed by this section or in other courses
522	approved by the department, except, for compliance periods
523	beginning January 1, 1998, the licensees described in this
524	paragraph shall be required to complete 10 hours of continuing
525	education courses every 2 years.
526	(d) Any person who holds a license as a customer
527	representative, limited customer representative, administrative
528	agent,title agent, motor vehicle physical damage and mechanical
529	breakdown insurance agent, crop or hail and multiple-peril crop
530	insurance agent, or as an industrial fire insurance or burglary
531	insurance agent and who is not a licensed life or health
532	insurance agent, shall be required to complete 1214hours of
533	continuing education courses every 2 years, except, for
534	compliance periods beginning on January 1, 1998, each licensee
535	subject to this paragraph shall be required to complete 10 hours
536	of continuing education courses every 2 years.
537	(4) The following courses may be completed in order to
538	meet the continuing education course requirements:
539	(a) Any part of the Life Underwriter Training Council Life
540	Course Curriculum: 2428 hours; Health Course: 1214hours.
541	(b) Any part of the American College "CLU" diploma
542	curriculum: 2428hours.
543	(c) Any part of the Insurance Institute of America's
544	program in general insurance: 1214hours.
545	(d) Any part of the American Institute for Property and
546	Liability Underwriters' Chartered Property Casualty Underwriter
547	(CPCU) professional designation program: 2428hours.
548	(g) In the case of title agents, completion of the
549	Certified Land Closer(CLC) professional designation program and
550	receipt of the designation: 2428hours.
551	(h) In the case of title agents, completion of the
552	Certified Land Searcher(CLS) professional designation program
553	and receipt of the designation: 2428hours.
554	(i) Any insurance-related course which is approved by the
555	department and taught by an accredited college or university per
556	credit hour granted: 1214hours.
557	(6)
558	(b) The board members shall be appointed as follows:
559	1. Seven members representing agents of which at least one
560	must be a representative from each of the following
561	organizations: the Florida Association of Insurance Agents; the
562	Florida Association of Insurance and Financial AdvisorsLife
563	Underwriters; the Professional Insurance Agents of Florida,
564	Inc.; the Florida Association of Health Underwriters; the
565	Specialty Agents' Association; the Latin American Agents'
566	Association; and the National Association of Insurance Women.
567	Such board members must possess at least a bachelor's degree or
568	higher from an accredited college or university with major
569	coursework in insurance, risk management, or education or
570	possess the designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In
571	addition, each member must possess 5 years of classroom
572	instruction experience or 5 years of experience in the
573	development or design of educational programs or 10 years of
574	experience as a licensed resident agent. Each organization may
575	submit to the department a list of recommendations for
576	appointment. If one organization does not submit a list of
577	recommendations, the Insurance Commissioner may select more than
578	one recommended person from a list submitted by other eligible
579	organizations.
580	2. Two members representing insurance companies at least
581	one of whom must represent a Florida Domestic Company and one of
582	whom must represent the Florida Insurance Council. Such board
583	members must be employed within the training department of the
584	insurance company. At least one such member must be a member of
585	the Society of Insurance Trainers and Educators.
586	3. One member representing the general public who is not
587	directly employed in the insurance industry. Such board member
588	must possess a minimum of a bachelor's degree or higher from an
589	accredited college or university with major coursework in
590	insurance, risk management, training, or education.
591	4. One member, appointed by the Insurance Commissioner,
592	who represents the department.
593	Section 19. Section 626.2816, Florida Statutes, is amended
594	to read:
595	626.2816 Regulation of continuing education for licensees,
596	course providers, instructors, school officials, and monitor
597	groups.--
598	(1) Continuing education course providers, instructors,
599	school officials, and monitor groups must be approved by the
600	department before offering continuing education courses pursuant
601	to s. 626.2815 or s. 626.869.
602	(2) The department shall adopt rules establishing
603	standards for the approval, regulation, and operation of the
604	continuing education programs and for the discipline of
605	licensees, course providers, instructors, school officials, and
606	monitor groups. The standards must be designed to ensure that
607	such course providers, instructors, school officials, and
608	monitor groups have the knowledge, competence, and integrity to
609	fulfill the educational objectives of ss. 626.2815, 626.869(5),
610	648.385, and 648.386.
611	(3) The department shall adopt rules establishing a
612	process by which compliance with the continuing education
613	requirements of ss. 626.2815, 626.869(5), 648.385, and 648.386
614	can be determined, the establishment of a continuing education
615	compliance periodrequirement cyclefor licensees, and forms
616	necessary to implement such a process.
617	Section 20. Subsection (3) of section 626.2817, Florida
618	Statutes, is amended to read:
619	626.2817 Regulation of course providers, instructors,
620	school officials, and monitor groups involved in prelicensure
621	education for insurance agents and other licensees.--
622	(3) The department shall adopt rules to establish a
623	process for determining compliance with the prelicensure
624	requirements of this chapter and chapter 648 and shall establish
625	a prelicensure cycle for insurance agents and other licensees.
626	The department shall adopt rules prescribing the forms necessary
627	to administer the prelicensure requirements.
628	Section 21. Subsections (5) and (6) are added to section
629	626.311, Florida Statutes, to read:
630	626.311 Scope of license.--
631	(5) At any time while a license is in force, an insurer
632	may apply to the department on behalf of the licensee for an
633	appointment. Upon receipt of the appointment application and
634	appointment taxes and fees, the department may issue the
635	additional appointment without further investigation concerning
636	the applicant.
637	(6) The department may contract with other persons to
638	administer the appointment process.
639	Section 22. Paragraphs (a) and (e) of subsection (1) and
640	subsections (2) and (3) of section 626.321, Florida Statutes,
641	are amended to read:
642	626.321 Limited licenses.--
643	(1) The department shall issue to a qualified individual,
644	or a qualified individual or entity under paragraphs (c), (d),
645	(e), and (i), a license as agent authorized to transact a
646	limited class of business in any of the following categories:
647	(a) Motor vehicle physical damage and mechanical breakdown
648	insurance.--License covering insurance against only the loss of
649	or damage to any motor vehicle which is designed for use upon a
650	highway, including trailers and semitrailers designed for use
651	with such vehicles. Such license also covers insurance against
652	the failure of an original or replacement part to perform any
653	function for which it was designed. The applicant for such a
654	license shall pass a written examination covering motor vehicle
655	physical damage insurance and mechanical breakdown insurance.
656	No individual while so licensed shall hold a license as an agent
657	or solicitoras to any other or additional kind or class of
658	insurance coverage except as to a limited license for credit
659	life and disability insurances as provided in paragraph(e).
660	(e) Credit life or disability insurance.--License covering
661	only credit life or disability insurance. The license may be
662	issued only to an individual employed by a life or health
663	insurer as an officer or other salaried or commissioned
664	representative, to an individual employed by or associated with
665	a lending or financial institution or creditor, or to a lending
666	or financial institution or creditor, and may authorize the sale
667	of such insurance only with respect to borrowers or debtors of
668	such lending or financing institution or creditor. However,
669	only the individual or entity whose tax identification number is
670	used in receiving or is credited with receiving the commission
671	from the sale of such insurance shall be the licensed agent of
672	the insurer. No individual while so licensed shall hold a
673	license as an agent or solicitoras to any other or additional
674	kind or class of life or health insurance coverage. An entity
675	holding a limited license under this paragraph is also
676	authorized to sell credit insurance and credit property
677	insurance. An entity applying for a license under this section:
678	1. Is required to submit only one application for a
679	license under s. 626.171. The requirements of s. 626.171(5)
680	shall only apply to the officers and directors of the entity
681	submitting the application.
682	2. Is required to obtain a license for each office, branch
683	office, or place of business making use of the entity's business
684	name by applying to the department for the license on a
685	simplified form developed by rule of the department for this
686	purpose.
687	3. Is not required to pay any additional application fees
688	for a license issued to the offices or places of business
689	referenced in subsection(2), but is required to pay the license
690	fee as prescribed in s. 624.501, be appointed under s. 626.112,
691	and pay the prescribed appointment fee under s. 624.501. The
692	license obtained under this paragraph shall be posted at the
693	business location for which it was issued so as to be readily
694	visible to prospective purchasers of such coverage.
695	(2) An entity applying for a license under this section is
696	required to:
697	(a) Submit only one application for a license under s.
698	626.171. The requirements of s. 626.171(5) shall only apply to
699	the officers and directors of the entity submitting the
700	application.
701	(b) Obtain a license for each office, branch office, or
702	place of business making use of the entity's business name by
703	applying to the department for the license on a simplified
704	application form developed by rule of the department for this
705	purpose.
706	(c) Pay the applicable fees for a license as prescribed in
707	s. 624.501, be appointed under s. 626.112, and pay the
708	prescribed appointment fee under s. 624.501. A licensed and
709	appointed entity shall be directly responsible and accountable
710	for all acts of the licensee's employees.
711	(3)(2)The limitations of any license issued under this
712	section shall be expressed therein. The licensee shall have a
713	separate and additional appointment as to each insurer
714	represented.
715	(4)(3)Except as otherwise expressly provided, an
716	individual applying for or holding a limited license shall be
717	subject to the same applicable requirements and responsibilities
718	as apply to general lines agents in general, if licensed as to
719	motor vehicle physical damage and mechanical breakdown
720	insurance, credit property insurance, industrial fire insurance
721	or burglary insurance, in-transit and storage personal property
722	insurance, communications equipment property insurance or
723	communications equipment inland marine insurance, baggage and
724	motor vehicle excess liability insurance, or credit insurance;
725	or as apply to life agents or health agents in general, as the
726	case may be, if licensed as to personal accident insurance or
727	credit life or credit disability insurance.
728	Section 23. Section 626.322, Florida Statutes, is amended
729	to read:
730	626.322 License, appointment; certain military
731	installations.--A natural person, not a resident of this state,
732	may be licensed and appointed to represent an authorized life
733	insurer domiciled in this state or an authorized foreign life
734	insurer which maintains a regional home office in this state,
735	provided such person represents such insurer exclusively at a
736	United States military installation located in a foreign
737	country. The department may, upon request of the applicant and
738	the insurer on application forms furnished by the department and
739	upon payment of fees as prescribed in s. 624.501, issue a
740	license and appointment to such person. By authorizing the
741	effectuation of an appointment for a license, the insurer is
742	thereby certifyingshall certifyto the department that the
743	applicant has the necessary training to hold himself or herself
744	out as a life insurance representative, and the insurer shall
745	further certify that it is willing to be bound by the acts of
746	such applicant within the scope of his or her employment.
747	Appointments shall be continued as prescribed in s. 626.381 and
748	upon payment of a fee as prescribed in s. 624.501, unless sooner
749	terminated. Such fees received shall be credited to the
750	Insurance Commissioner's Regulatory Trust Fund as provided for
751	in s. 624.523.
752	Section 24. Section 626.341, Florida Statutes, is amended
753	to read:
754	626.341 Additional appointments; general lines, life, and
755	health agents.--
756	(1) At any time while a licensee's license is in force, an
757	insurer may apply to the department or person designated by the
758	department to administer the appointment processon behalf of a
759	licensee for an additional appointment as general lines agent or
760	life or health agent for an additional insurer or insurers. The
761	application for appointment shall set forth all information the
762	department may require. Upon receipt of the appointment and
763	payment of the applicable appointment taxes and fees, the
764	department may issue the additional appointment without, in its
765	discretion, further investigation concerning the applicant.
766	(2) A life or health agent with an appointment in force
767	may solicit applications for policies of insurance on behalf of
768	an insurer with respect to which he or she is not an appointed
769	life or health agent, unless otherwise provided by contract, if
770	such agent simultaneously with the submission to such insurer of
771	the application for insurance solicited by him or her requests
772	the insurer to appoint him or her as agent. However, no
773	commissions shall be paid by such insurer to the agent until
774	such time as an additional appointment with respect to such
775	insurer has been received by the department or person designated
776	by the department to administer the appointment processpursuant
777	to the provisions of subsection (1).
778	Section 25. Section 626.371, Florida Statutes, is amended
779	to read:
780	626.371 Payment of fees, taxes for appointment period
781	without appointment.--
782	(1) All initial appointments shall be submitted to the
783	department on a monthly basis no later than 45 days after the
784	date of appointment and become effective on the date requested
785	on the appointment form.
786	(2) If, upon application and qualification for an initial
787	or renewalappointment and such investigation as the department
788	may make, it appears to the department that an individual who
789	was formerly licensed or is currently licensed but not properly
790	appointed to represent an insurer or employer and whohas been
791	actively engaged or is currently actively engaged as such an
792	appointee, but without being appointed as required, the
793	department may, if it finds that such failure to be appointed
794	was an inadvertent error on the part of the insurer or employer
795	so represented, nevertheless issue or authorize the issuance of
796	the appointment as applied for but subject to the condition
797	that, before the appointment is issued, all fees and taxes which
798	would have been due had the applicant been so appointed during
799	such current and prior periods, together with applicable fees
800	pursuant to s. 624.501a continuation feefor such current and
801	prior periodstermsof appointment, shall be paid to the
802	department.
803	(3)(a) Failure to notify the department within the
804	required time period shall result in the appointing entity being
805	assessed a delinquent fee of $250 per appointee. Delinquent fees
806	shall be paid by the appointing entity and may not be charged to
807	the appointee.
808	(b) Failure to timely renew an appointment by an
809	appointing entity prior to the expiration date of the
810	appointment shall result in the appointing entity being assessed
811	late filling, continuation, and reinstatement fees as prescribed
812	in s. 624.501. Such fees must be paid by the appointing entity
813	and cannot be charged back to the appointee.
814	Section 26. Subsections (3) and (4) of section 626.381,
815	Florida Statutes, are amended and a new subsection (7) is added
816	to that section to read:
817	626.381 Renewal, continuation, reinstatement, or
818	termination of appointment.--
819	(3) Renewal of an appointment which is received on a date
820	set forth by the department or person designated by the
821	department to administer the appointment process prior to the
822	expiration of an appointment in the licensee's birth month or
823	license issue date, whichever applies,in the succeeding month
824	may be renewed by the department without penalty and shall be
825	effective as of the first day of the month succeeding the month
826	in whichthe appointment would have expired.
827	(4) Renewal of an appointment which is received by the
828	department or person designated by the department to administer
829	the appointment process after the renewal date set by the
830	departmentmay be accepted and effectuated by the department in
831	its discretion if thean additional appointment, late filing,
832	continuation, and reinstatement fee accompanies the renewal
833	request pursuant to s. 624.501. Late filing fees shall be paid
834	by the appointing entity and may not be charged to the
835	appointee.
836	(7) The department may adopt rules to implement this
837	section.
838	Section 27. Subsections (1), (2), and (3) of section
839	626.451, Florida Statutes, are amended, and subsection (7) is
840	added to that section, to read:
841	626.451 Appointment of agent or other representative.--
842	(1) Each appointing entity or person designated by the
843	department to administer the appointment processappointing an
844	agent, adjuster, service representative, customer
845	representative, or managing general agent in this state shall
846	file the appointment with the department and, at the same time,
847	pay the applicable appointment fee and taxes. Every appointment
848	shall be subject to the prior issuance of the appropriate
849	agent's, adjuster's, service representative's, customer
850	representative's, or managing general agent's license.
851	(2) By authorizing the effectuation of an appointment for
852	a licensee, the appointing entity is thereby certifying to the
853	department that an investigation of the licensee has been made
854	As a part of each appointment there shall be a certified
855	statement or affidavit of an appropriate officer or official of
856	the appointing entity stating what investigation the appointing
857	entity has made concerning the proposed appointee and his or her
858	background and that in the appointing entity's opinion andto
859	the best of its knowledge and belief, the licensee is of goodas
860	to the moral character and reputation, and is fit to engage in
861	the insurance business. The appointing entity shall provide to
862	the departmentfitness, and reputation of the proposed appointee
863	andany other information the department may reasonably require
864	relative to the proposed appointee.
865	(3) By authorizing the effectuation ofInthe appointment
866	of an agent, adjuster, service representative, customer
867	representative, or managing general agent the appointing entity
868	is thereby certifying to the departmentshall also certify
869	thereinthat it is willing to be bound by the acts of the agent,
870	adjuster, service representative, customer representative, or
871	managing general agent, within the scope of the licensee'shis
872	or heremployment.
873	(7) Each licensee shall advise the department in writing
874	within 30 days after having been found guilty of or having
875	pleaded guilty or nolo contendere to a felony or a crime
876	punishable by imprisonment of 1 year or more under the laws of
877	the United States, any state of the United States, or any other
878	country, without regard to whether a judgment of conviction has
879	been entered by the court having jurisdiction of such cases.
880	Section 28. Section 626.461, Florida Statutes, is amended
881	to read:
882	626.461 Continuation of appointment of agent or other
883	representative.--Subject to renewal or continuation by the
884	appointing entity, the appointment of the agent, adjuster,
885	solicitor,service representative, customer representative, or
886	managing general agent shall continue in effect until the
887	person's license is revoked or otherwise terminated, unless
888	written notice of earlier termination of the appointment is
889	filed with the department or person designated by the department
890	to administer the appointment processby either the appointing
891	entity or the appointee.
892	Section 29. Subsections (4) and (5) of section 626.471,
893	Florida Statutes, are amended to read:
894	626.471 Termination of appointment.--
895	(4) An appointee may terminate the appointment at any time
896	by giving written or electronicnotice thereof to the appointing
897	entity,and filing a copy of the notice with the department, or
898	person designated by the department to administer the
899	appointment process. The department shall immediately terminate
900	the appointment and notify the appointing entity of such
901	termination. Such termination shall be subject to the
902	appointee's contract rights, if any.
903	(5) Upon receiving notice of termination, the department
904	or person designated by the department to administer the
905	appointment processshall terminate the appointment.
906	Section 30. Subsection (5) of section 626.601, Florida
907	Statutes, is amended to read:
908	626.601 Improper conduct; inquiry; fingerprinting.--
909	(5) If the department, after investigation, has reason to
910	believe that a licensee may have been found guilty of or pleaded
911	guilty or nolo contendere to a felony or a crime related to the
912	business of insurance in this or any other state or
913	jurisdiction, the department may require the licensee to file
914	with the department a complete set of his or her fingerprints,
915	which shall be accompanied by the fingerprint processing fee set
916	forth in s. 624.501. The fingerprints shall be takencertified
917	by an authorized law enforcement agency or other department-
918	approved entityofficer.
919	Section 31. Paragraph (b) of subsection (1) of section
920	626.731, Florida Statutes, is amended to read:
921	626.731 Qualifications for general lines agent's license.-
922	-
923	(1) The department shall not grant or issue a license as
924	general lines agent to any individual found by it to be
925	untrustworthy or incompetent or who does not meet each of the
926	following qualifications:
927	(b) The applicant is a United States citizen or legal
928	alien who possesses work authorization from the United States
929	Immigration and Naturalization Service and isa bona fide
930	resident of this state. An individual who is a bona fide
931	resident of this state shall be deemed to meet the residence
932	requirement of this paragraph, notwithstanding the existence at
933	the time of application for license of a license in his or her
934	name on the records of another state as a resident licensee of
935	such other state, if the applicant furnishes a letter of
936	clearance satisfactory to the department that the resident
937	licenses have been canceled or changed to a nonresident basis
938	and that he or she is in good standing.
939	Section 32. Subsection (2) of section 626.7315, Florida
940	Statutes, is amended to read:
941	626.7315 Prohibition against the unlicensed transaction of
942	general lines insurance.--With respect to any line of authority
943	as defined in s. 626.015(7), no individual shall, unless
944	licensed as a general lines agent:
945	(2) In this state, receive or issue a receipt for any
946	money on account of or for any insurer, or receive or issue a
947	receipt for money from other persons to be transmitted to any
948	insurer for a policy, contract, or certificate of insurance or
949	any renewal thereof, even though the policy, certificate, or
950	contract is not signed by him or her as agent or representative
951	of the insurer, except as provided in s. 626.0428(1);
952	Section 33. Paragraphs (a), (b), and (d) of subsection (1)
953	of section 626.732, Florida Statutes, are amended to read:
954	626.732 Requirement as to knowledge, experience, or
955	instruction.--
956	(1) Except as provided in subsection (3), no applicant for
957	a license as a general lines agent, except for a chartered
958	property and casualty underwriter(CPCU), other than as to a
959	limited license as to baggage and motor vehicle excess liability
960	insurance, credit property insurance, credit insurance, in-
961	transit and storage personal property insurance, or
962	communications equipment property insurance or communication
963	equipment inland marine insurance, shall be qualified or
964	licensed unless within the 4 years immediately preceding the
965	date the application for license is filed with the department
966	the applicant has:
967	(a) Taught or successfully completed classroom courses in
968	insurance, 3 hours of which shall be on the subject matter of
969	ethics,satisfactory to the department at a school, college, or
970	extension division thereof, approved by the department;
971	(b) Completed a correspondence course in insurance, 3
972	hours of which shall be on the subject matter of ethics,
973	satisfactory to the department and regularly offered by
974	accredited institutions of higher learning in this state and,
975	except if he or she is applying for a limited license under s.
976	626.321, has had at least 6 months of responsible insurance
977	duties as a substantially full-time bona fide employee in all
978	lines of property and casualty insurance set forth in the
979	definition of general lines agent under s. 626.015;
980	(d)1. Completed at least 1 year of responsible insurance
981	duties as a licensed and appointed customer representative or
982	limited customer representative in eithercommercial or personal
983	lines of property and casualty insurance and 40 hours of
984	classroom courses approved by the department covering the areas
985	of property, casualty, surety, health, and marine insurance; or
986	2. Completed at least 1 year of responsible insurance
987	duties as a licensed and appointed service representative in
988	either commercial or personal lines of property and casualty
989	insurance and 80 hours of classroom courses approved by the
990	department covering the areas of property, casualty, surety,
991	health, and marine insurance.
992	Section 34. Section 626.733, Florida Statutes, is amended
993	to read:
994	626.733 Agency firms and corporations; special
995	requirements.--If a sole proprietorship, partnership,
996	corporation, or association holds an agency contract, all
997	members thereof who solicit, negotiate, or effect insurance
998	contracts, and all officers and stockholders of the corporation
999	who solicit, negotiate, or effect insurance contracts, are
1000	required to qualify and be licensed individually as agents,
1001	solicitors,or customer representatives; and all of such agents
1002	must be individually appointed as to each property and casualty
1003	insurer entering into an agency contract with such agency. Each
1004	such appointing insurer as soon as known to it shall comply with
1005	this section and shall determine and require that each agent so
1006	associated in or so connected with such agency is likewise
1007	appointed as to the same such insurer and for the same type and
1008	class of license. However, no insurer is required to comply with
1009	the provisions of this section if such insurer satisfactorily
1010	demonstrates to the department that the insurer has issued an
1011	aggregate net written premium, in an agency, in an amount of
1012	$25,000 or less.
1013	Section 35. Paragraph (a) of subsection (2) and subsection
1014	(3) of section 626.7351, Florida Statutes, are amended to read:
1015	626.7351 Qualifications for customer representative's
1016	license.--The department shall not grant or issue a license as
1017	customer representative to any individual found by it to be
1018	untrustworthy or incompetent, or who does not meet each of the
1019	following qualifications:
1020	(2)(a) The applicant is a United States citizen or legal
1021	alien who possesses work authorization from the United States
1022	Immigration and Naturalization Service and isa bona fide
1023	resident of this state and will actually reside in the state at
1024	least 6 months out of the year. An individual who is a bona fide
1025	resident of this state shall be deemed to meet the residence
1026	requirements of this subsection, notwithstanding the existence
1027	at the time of application for license of a license in his or
1028	her name on the records of another state as a resident licensee
1029	of the other state, if the applicant furnishes a letter of
1030	clearance satisfactory to the department that the resident
1031	licenses have been canceled or changed to a nonresident basis
1032	and that he or she is in good standing.
1033	(3) Within the 2 years next preceding the date the
1034	application for license was filed with the department, the
1035	applicant has completed a course in insurance, 3 hours of which
1036	shall be on the subject matter of ethics,approved by the
1037	department or has had at least 6 months' experience in
1038	responsible insurance duties as a substantially full-time
1039	employee. Courses must include instruction on the subject matter
1040	of unauthorized entities engaging in the business of insurance.
1041	The scope of the topic of unauthorized entities shall include
1042	the Florida Nonprofit Multiple-Employer Welfare Arrangement Act
1043	and the Employee Retirement Income Security Act, 29 U.S.C. ss.
1044	1001 et seq., as such acts relate to the provision of health
1045	insurance by employers and the regulation of such insurance.
1046	Section 36. Subsection (2) of section 626.7354, Florida
1047	Statutes, is amended to read:
1048	626.7354 Customer representative's powers; agent's or
1049	agency's responsibility.--
1050	(2) A customer representative may engage in transacting
1051	insurance with customers who have been solicited by any agent,
1052	solicitor,or customer representative in the same agency, and
1053	may engage in transacting insurance with customers who have not
1054	been so solicited to the extent and under conditions that are
1055	otherwise consistent with this part and with the insurer's
1056	contract with the agent appointing him or her.
1057	Section 37. Paragraph (c) of subsection (1) of section
1058	626.7355, Florida Statutes, is amended to read:
1059	626.7355 Temporary license as customer representative
1060	pending examination.--
1061	(1) The department shall issue a temporary customer
1062	representative's license with respect to a person who has
1063	applied for such license upon finding that the person:
1064	(c) Is a United States citizen or legal alien who
1065	possesses work authorization from the United States Immigration
1066	and Naturalization Service and isa bona fide resident of this
1067	state or is a resident of another state sharing a common
1068	boundary with this state. An individual who is a bona fide
1069	resident of this state shall be deemed to meet the residence
1070	requirement of this paragraph, notwithstanding the existence at
1071	the time of application for license, of a license in his or her
1072	name on the records of another state as a resident licensee of
1073	such other state, if the applicant furnishes a letter of
1074	clearance satisfactory to the department that his or her
1075	resident licenses have been canceled or changed to a nonresident
1076	basis and that he or she is in good standing.
1077	Section 38. Subsection (3) of section 626.741, Florida
1078	Statutes, is amended to read:
1079	626.741 Nonresident agents; licensing and restrictions.--
1080	(3) The department shall not, however, issue any license
1081	and appointment to any nonresident who has an office or place of
1082	business in this state, or who has any direct or indirect
1083	pecuniary interest in any insurance agent or, insurance agency,
1084	or in any solicitorlicensed as a resident of this state; nor to
1085	any individual who does not, at the time of issuance and
1086	throughout the existence of the Florida license, hold a license
1087	as agent or broker issued by his or her home state; nor to any
1088	individual who is employed by any insurer as a service
1089	representative or who is a managing general agent in any state,
1090	whether or not also licensed in another state as an agent or
1091	broker. The foregoing requirement to hold a similar license in
1092	the applicant's home state does not apply to customer
1093	representatives unless the home state licenses residents of that
1094	state in a similar manner. The prohibition against having an
1095	office or place of business in this state does not apply to
1096	customer representatives who are required to conduct business
1097	solely within the confines of the office of a licensed and
1098	appointed Florida resident general lines agent in this state.
1099	The authority of such nonresident license is limited to the
1100	specific lines of authority granted in the license issued by the
1101	agent's home state and further limited to the specific lines
1102	authorized under the nonresident license issued by this state.
1103	The department shall have discretion to refuse to issue any
1104	license or appointment to a nonresident when it has reason to
1105	believe that the applicant by ruse or subterfuge is attempting
1106	to avoid the intent and prohibitions contained in this
1107	subsection or to believe that any of the grounds exist as for
1108	suspension or revocation of license as set forth in ss. 626.611
1109	and 626.621.
1110	Section 39. Paragraph (a) of subsection (1) of section
1111	626.753, Florida Statutes, is amended to read:
1112	626.753 Sharing commissions; penalty.--
1113	(1)(a) An agent may divide or share in commissions only
1114	with his or her own employed solicitors andwith other agents
1115	appointed and licensed to write the same kind or kinds of
1116	insurance.
1117	Section 40. Paragraphs (b) and (d) of subsection (1) of
1118	section 626.785, Florida Statutes, are amended to read:
1119	626.785 Qualifications for license.--
1120	(1) The department shall not grant or issue a license as
1121	life agent to any individual found by it to be untrustworthy or
1122	incompetent, or who does not meet the following qualifications:
1123	(b) Must be a United States citizen or legal alien who
1124	possesses work authorization from the United States Immigration
1125	and Naturalization Service anda bona fide resident of this
1126	state.
1127	(d) Must not be a funeral director or direct disposer, or
1128	an employee or representative thereof, or have an office in, or
1129	in connection with, a funeral establishment, except that a
1130	funeral establishment may contract with a life insurance agent
1131	to sell a preneed contract as defined in chapter 497.
1132	Notwithstanding other provisions of this chapter, such insurance
1133	agent may sell limited policies of insurance covering the
1134	expense of final disposition or burial of an insured in thean
1135	amount of $12,500, plus an annual percentage increase based on
1136	the Annual Consumer Price Index compiled by the United States
1137	Department of Labor, beginning with the Annual Consumer Price
1138	Index announced by the United States Department of Labor for the
1139	year 2003not to exceed $10,000.
1140	Section 41. Subsections (1) and (2) of section 626.7851,
1141	Florida Statutes, are amended to read:
1142	626.7851 Requirement as to knowledge, experience, or
1143	instruction.--No applicant for a license as a life agent, except
1144	for a chartered life underwriter (CLU), shall be qualified or
1145	licensed unless within the 4 years immediately preceding the
1146	date the application for a license is filed with the department
1147	he or she has:
1148	(1) Successfully completed 40 hours of classroom courses
1149	in insurance, 3 hours of which shall be on the subject matter of
1150	ethics,satisfactory to the department at a school or college,
1151	or extension division thereof, or other authorized course of
1152	study, approved by the department. Courses must include
1153	instruction on the subject matter of unauthorized entities
1154	engaging in the business of insurance, to include the Florida
1155	Nonprofit Multiple-Employer Welfare Arrangement Act and the
1156	Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et
1157	seq., as it relates to the provision of life insurance by
1158	employers to their employees and the regulation thereof;
1159	(2) Successfully completed a correspondence course in
1160	insurance, 3 hours of which shall be on the subject matter of
1161	ethics,satisfactory to the department and regularly offered by
1162	accredited institutions of higher learning in this state,
1163	approved by the department. Courses must include instruction on
1164	the subject matter of unauthorized entities engaging in the
1165	business of insurance, to include the Florida Nonprofit
1166	Multiple-Employer Welfare Arrangement Act and the Employee
1167	Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
1168	it relates to the provision of life insurance by employers to
1169	their employees and the regulation thereof;
1170	Section 42. Subsection (2) of section 626.829, Florida
1171	Statutes, is amended to read:
1172	626.829 "Health agent" defined.--
1173	(2) Any person who acts for an insurer, or on behalf of a
1174	licensed representative of an insurer, to solicit applications
1175	for or to negotiate and effectuate health insurance contracts,
1176	whether or not he or she is appointed as an agent, subagent,
1177	solicitor,or canvasser or by any other title, shall be deemed
1178	to be a health agent and shall be qualified, licensed, and
1179	appointed as a health agent.
1180	Section 43. Paragraph (b) of subsection (1) of section
1181	626.831, Florida Statutes, is amended to read:
1182	626.831 Qualifications for license.--
1183	(1) The department shall not grant or issue a license as
1184	health agent as to any individual found by it to be
1185	untrustworthy or incompetent, or who does not meet the following
1186	qualifications:
1187	(b) Must be a United States citizen or legal alien who
1188	possesses work authorization from the United States Immigration
1189	and Naturalization Service anda bona fide resident of this
1190	state.
1191	Section 44. Subsections (1) and (2) of section 626.8311,
1192	Florida Statutes, are amended to read:
1193	626.8311 Requirement as to knowledge, experience, or
1194	instruction.--No applicant for a license as a health agent,
1195	except for a chartered life underwriter (CLU), shall be
1196	qualified or licensed unless within the 4 years immediately
1197	preceding the date the application for license is filed with the
1198	department he or she has:
1199	(1) Successfully completed 40 hours of classroom courses
1200	in insurance, 3 hours of which shall be on the subject matter of
1201	ethics,satisfactory to the department at a school or college,
1202	or extension division thereof, or other authorized course of
1203	study, approved by the department. Courses must include
1204	instruction on the subject matter of unauthorized entities
1205	engaging in the business of insurance, to include the Florida
1206	Nonprofit Multiple-Employer Welfare Arrangement Act and the
1207	Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et
1208	seq., as it relates to the provision of health insurance by
1209	employers to their employees and the regulation thereof;
1210	(2) Successfully completed a correspondence course in
1211	insurance, 3 hours of which shall be on the subject matter of
1212	ethics,satisfactory to the department and regularly offered by
1213	accredited institutions of higher learning in this state,
1214	approved by the department. Courses must include instruction on
1215	the subject matter of unauthorized entities engaging in the
1216	business of insurance, to include the Florida Nonprofit
1217	Multiple-Employer Welfare Arrangement Act and the Employee
1218	Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
1219	it relates to the provision of health insurance by employers to
1220	their employees and the regulation thereof;
1221	Section 45. Subsection (2) of section 626.8414, Florida
1222	Statutes, is amended to read:
1223	626.8414 Qualifications for examination.--The department
1224	must authorize any natural person to take the examination for
1225	the issuance of a license as a title insurance agent if the
1226	person meets all of the following qualifications:
1227	(2) The applicant must be a United States citizen or legal
1228	alien who possesses work authorization from the United States
1229	Immigration and Naturalization Service anda bona fide resident
1230	of this state. A person meets the residency requirement of this
1231	subsection, notwithstanding the existence at the time of
1232	application for license of a license in the applicant's name on
1233	the records of another state as a resident licensee of such
1234	other state, if the applicant furnishes a letter of clearance
1235	satisfactory to the department that the resident licenses have
1236	been canceled or changed to a nonresident basis and that the
1237	applicant is in good standing.
1238	Section 46. Paragraph (a) of subsection (3) of section
1239	626.8417, Florida Statutes, is amended to read:
1240	626.8417 Title insurance agent licensure; exemptions.--
1241	(3) The department shall not grant or issue a license as
1242	title agent to any individual found by it to be untrustworthy or
1243	incompetent, who does not meet the qualifications for
1244	examination specified in s. 626.8414, or who does not meet the
1245	following qualifications:
1246	(a) Within the 4 years immediately preceding the date of
1247	the application for license, the applicant must have completed a
1248	40-hour classroom course in title insurance, 3 hours of which
1249	shall be on the subject matter of ethics,as approved by the
1250	department, or must have had at least 12 months of experience in
1251	responsible title insurance duties, while working in the title
1252	insurance business as a substantially full-time, bona fide
1253	employee of a title agency, title agent, title insurer, or
1254	attorney who conducts real estate closing transactions and
1255	issues title insurance policies but who is exempt from licensure
1256	pursuant to paragraph (4)(a). If an applicant's qualifications
1257	are based upon the periods of employment at responsible title
1258	insurance duties, the applicant must submit, with the
1259	application for license on a form prescribed by the department,
1260	the affidavit of the applicant and of the employer setting forth
1261	the period of such employment, that the employment was
1262	substantially full time, and giving a brief abstract of the
1263	nature of the duties performed by the applicant.
1264	Section 47. Section 626.843, Florida Statutes, is amended
1265	to read:
1266	626.843 Renewal, continuation, reinstatement, termination
1267	of title insurance agent's appointment.--
1268	(1) The appointment of a title insurance agent shall
1269	continue in force until suspended, revoked, or otherwise
1270	terminated, but subject to a renewed request filed by the
1271	insurer every 24 months after the original issue date of the
1272	appointment, accompanied by payment of the renewal appointment
1273	fee and taxes as prescribed in s. 624.501.
1274	(2) Title insurance agent appointments shall be renewed
1275	pursuant to s. 626.381 for insurance representatives in general.
1276	Each insurer shall file with the department the lists,
1277	statements, and information as to appointments which are being
1278	renewed or being terminated, accompanied by payment of the
1279	applicable renewal fees and taxes as prescribed in s. 624.501,
1280	by a date set forth by the department following the month during
1281	which the appointments will expire.
1282	(3) Request for renewal of an appointment which is
1283	received on a date set forth by the department in the succeeding
1284	month may be renewed by the department without penalty, and
1285	shall be effective as of the day the appointment would have
1286	expired.
1287	(4) Request for renewal of an appointment which is
1288	received by the department after the date set by the department
1289	may be accepted and effectuated by the department in its
1290	discretion if an additional appointment continuation and
1291	reinstatement fee accompany the request for renewal pursuant to
1292	s. 624.501.
1293	(3)(5)The appointment issued shall remain in effect for
1294	so long as the appointment represented thereby continues in
1295	force as provided in this section.
1296	Section 48. Paragraph (b) of subsection (1) of section
1297	626.865, Florida Statutes, is amended to read:
1298	626.865 Public adjuster's qualifications, bond.--
1299	(1) The department shall issue a license to an applicant
1300	for a public adjuster's license upon determining that the
1301	applicant has paid the applicable fees specified in s. 624.501
1302	and possesses the following qualifications:
1303	(b) Is a United States citizen or legal alien who
1304	possesses work authorization from the United States Immigration
1305	and Naturalization Service anda bona fide resident of this
1306	state.
1307	Section 49. Subsection (2) of section 626.866, Florida
1308	Statutes, is amended to read:
1309	626.866 Independent adjuster's qualifications.--The
1310	department shall issue a license to an applicant for an
1311	independent adjuster's license upon determining that the
1312	applicable license fee specified in s. 624.501 has been paid and
1313	that the applicant possesses the following qualifications:
1314	(2) Is a United States citizen or legal alien who
1315	possesses work authorization from the United States Immigration
1316	and Naturalization Service anda bona fide resident of this
1317	state.
1318	Section 50. Subsection (2) of section 626.867, Florida
1319	Statutes, is amended to read:
1320	626.867 Company employee adjuster's qualifications.--The
1321	department shall issue a license to an applicant for a company
1322	employee adjuster's license upon determining that the applicable
1323	license fee specified in s. 624.501 has been paid and that the
1324	applicant possesses the following qualifications:
1325	(2) Is a United States citizen or legal alien who
1326	possesses work authorization from the United States Immigration
1327	and Naturalization Service anda bona fide resident of this
1328	state.
1329	Section 51. Section 626.869, Florida Statutes, is amended
1330	to read:
1331	626.869 License, adjusters.--
1332	(1) An applicant for a license as an adjuster may qualify
1333	and his or her license when issued may cover adjusting in any
1334	one of the following classes of insurance:
1335	(a) All lines of insurance except life and annuities.
1336	(b) Motor vehicle physical damage insurance.
1337	(c) Property and casualty insurance.
1338	(d) Workers' compensation insurance.
1339	(e) Health insurance.
1340	(2) All individuals who on October 1, 1990, hold an
1341	adjuster's license and appointment limited to fire and allied
1342	lines, including marine or casualty or boiler and machinery, may
1343	remain licensed and appointed under the limited license and may
1344	renew their appointment, but no license or appointment which has
1345	been terminated, not renewed, suspended, or revoked shall be
1346	reinstated, and no new or additional licenses or appointments
1347	shall be issued.
1348	(3) With the exception of a public adjuster limited to
1349	health insurance, a limited license set forth in subsection (1)
1350	as an independent or public adjuster may only be issued to and
1351	retained by an employee of an independent or public adjusting
1352	firm which is supervised by a duly appointed all-lines adjuster
1353	or an employee of an independent or public adjuster licensed and
1354	appointed in all lines of insurance other than life and annuity.
1355	The office of the limited lines adjuster shall be in the office
1356	of the licensed all-lines adjuster responsible for his or her
1357	supervision and instruction.
1358	(3)(4)The applicant's application for license shall
1359	specify which of the foregoing classes of business the
1360	application for license is to cover.
1361	(4)(5) Any individualpersonholding a license for 24
1362	consecutive months or longer and who engages in adjusting
1363	workers' compensation insurance must, beginning in his or her
1364	theirbirth month and every 2 years thereafter, have completed
1365	24 hours of courses, 2 hours of which relate to ethics, in
1366	subjects designed to inform the licensee regarding the current
1367	insuranceworkers' compensationlaws of this state, so as to
1368	enable him or her to engage in business as ana workers'
1369	compensationinsurance adjuster fairly and without injury to the
1370	public and to adjust all claims in accordance with the policy or
1371	contract and the workers' compensation laws of this state. In
1372	order to qualify as an eligible course under this subsection,
1373	the course must:
1374	(a) Have a course outline approved by the department.
1375	(b) Be taught at a school training facility or other
1376	location approved by the department.
1377	(c) Be taught by instructors with at least 5 years of
1378	experience in the area of workers' compensation, general lines
1379	of insurance, or other persons approved by the department.
1380	However, a member of The Florida Bar is exempt from the 5 years'
1381	experience requirement.
1382	(d) Furnish the attendee a certificate of completion. The
1383	course provider shall send a roster to the department in a
1384	format prescribed by the department.
1385	(5) The regulation of continuing education for licensees,
1386	course providers, instructors, school officials, and monitor
1387	groups shall be as provided for in s. 626.2816.
1388
1389	Section 52. Subsection (1) of section 626.874, Florida
1390	Statutes, is amended to read:
1391	626.874 Catastrophe or emergency adjusters.--
1392	(1) In the event of a catastrophe or emergency, the
1393	department may issue a license, for the purposes and under the
1394	conditions which it shall fix and for the period of emergency as
1395	it shall determine, to persons who are residents or nonresidents
1396	of this state, who are at least 18 years of age, who are United
1397	States citizens or legal aliens who possess work authorization
1398	from the United States Immigration and Naturalization Service,
1399	and who are not licensed adjusters under this part but who have
1400	been designated and certified to it as qualified to act as
1401	adjusters by independent resident adjusters or by an authorized
1402	insurer or by a licensed general lines agent to adjust claims,
1403	losses, or damages under policies or contracts of insurance
1404	issued by such insurers. The fee for the license shall be as
1405	provided in s. 624.501(12)(c).
1406	Section 53. Section 626.878, Florida Statutes, is amended
1407	to read:
1408	626.878 Rules; code of ethics.--An adjuster shall
1409	subscribe to the code of ethics specified in the rules of the
1410	department. The rules shall implement the provisions of this
1411	part and specify the terms and conditions of contracts,
1412	including a right to cancel, and require practices necessary to
1413	ensure fair dealing, prohibit conflicts of interest, and ensure
1414	preservation of the rights of the claimant to participate in the
1415	adjustment of claims.
1416	Section 54. Subsection (1) of section 626.797, Florida
1417	Statutes, is amended to read:
1418	626.797 Code of ethics.--
1419	(1) The department shall, after consultation with the
1420	Florida Association Of Insurance and Financial AdvisorsLife
1421	Underwriters, adopt a code of ethics, or continue any such code
1422	heretofore so adopted, to govern the conduct of life agents in
1423	their relations with the public, other agents, and the insurers.
1424	Section 55. Paragraph (z) of subsection (1) of section
1425	626.9541, Florida Statutes, is amended to read:
1426	626.9541 Unfair methods of competition and unfair or
1427	deceptive acts or practices defined.--
1428	(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1429	ACTS.--The following are defined as unfair methods of
1430	competition and unfair or deceptive acts or practices:
1431	(z) Sliding.--Sliding is the act or practice of:
1432	1. Representing to the applicant that a specific ancillary
1433	coverage or product is required by law in conjunction with the
1434	purchase of motor vehicleinsurance when such coverage or
1435	product is not required;
1436	2. Representing to the applicant that a specific ancillary
1437	coverage or product is included in the motor vehiclepolicy
1438	applied for without an additional charge when such charge is
1439	required; or
1440	3. Charging an applicant for a specific ancillary coverage
1441	or product, in addition to the cost of the motor vehicle
1442	insurance coverage applied for, without the informed consent of
1443	the applicant.
1444	Section 56. Paragraph (f) is added to subsection (7) of
1445	section 626.9916, Florida Statutes, to read:
1446	626.9916 Viatical settlement broker license required;
1447	application for license.--
1448	(7) Upon the filing of a sworn application and the payment
1449	of the license fee and all other applicable fees under this act,
1450	the department shall investigate each applicant and may issue
1451	the applicant a license if the department finds that the
1452	applicant:
1453	(f) If a natural person, is at least 18 years of age and a
1454	United States citizen or legal alien who possesses work
1455	authorization from the United States Immigration and
1456	Naturalization Service.
1457	Section 57. Paragraph (a) of subsection (5) of section
1458	627.7295, Florida Statutes, is amended to read:
1459	627.7295 Motor vehicle insurance contracts.--
1460	(5)(a) A licensed general lines agent may charge a per-
1461	policy fee not to exceed $20$10to cover the administrative
1462	costs of the agent associated with selling the motor vehicle
1463	insurance policy if the policy covers only personal injury
1464	protection coverage as provided by s. 627.736 and property
1465	damage liability coverage as provided by s. 627.7275 and if no
1466	other insurance is sold or issued in conjunction with or
1467	collateral to the policy. The per-policy fee shall be paid only
1468	to the agent and may not be paid by or passed on to the insurer.
1469	The per-policy fee must be a component of the insurer's rate
1470	filing and may not be charged by an agent unless the fee is
1471	included in the filing. The fee is not considered part of the
1472	premium except for purposes of the department's review of
1473	expense factors in a filing made pursuant to s. 627.062.
1474	Section 58. Subsection (3) of section 632.634, Florida
1475	Statutes, is amended to read:
1476	632.634 Licensing and appointment of agents.--
1477	(3) Any agent, representative, or member of a society who
1478	in any preceding calendar year has solicited and procured life
1479	insurance benefit contracts on behalf of any society in a total
1480	amount of insurance less than $50,000, or, in the case of any
1481	other kind or kinds of insurance benefit contracts which the
1482	society might write, on not more than 25 individuals, shall be
1483	exempt from the agent licensing and appointment requirements of
1484	subsection (1). Upon request by the department,every society
1485	shall register, on forms prescribed by the department and on or
1486	before March 1 of each year, the name and residence address of
1487	each agent, representative, or member exempt under the
1488	provisions of this subsection and shall, within 30 days of
1489	termination of employment, notify the department of the
1490	termination. Any agent, representative, or member for which an
1491	exemption is claimed due to employment by the society subsequent
1492	to March 1 shall be registered by the society with the
1493	department within 10 days of the date of employment.
1494	Section 59. Section 634.171, Florida Statutes, is amended
1495	to read:
1496	634.171 Salesperson to be licensed and appointed.--
1497	Salespersons for motor vehicle service agreement companies and
1498	insurers shall be licensed, appointed, renewed, continued,
1499	reinstated, or terminated as prescribed in chapter 626 for
1500	insurance representatives in general. However, they shall be
1501	exempt from all other provisions of chapter 626 including
1502	fingerprinting, photo identification, education, and examination
1503	provisions. License, appointment, and other fees shall be those
1504	prescribed in s. 624.501. A licensed and appointed salesperson
1505	shall be directly responsible and accountable for all acts of
1506	her or his employees and other representatives. Each service
1507	agreement company or insurer shall, on forms prescribed by the
1508	department, within 30 days after termination of the appointment,
1509	notify the department of such termination. No employee or
1510	salesperson of a motor vehicle service agreement company or
1511	insurer may directly or indirectly solicit or negotiate
1512	insurance contracts, or hold herself or himself out in any
1513	manner to be an insurance agent or solicitor, unless so
1514	qualified, licensed, and appointed therefor under the Florida
1515	Insurance Code. A motor vehicle service agreement company is not
1516	required to be licensed as a salesperson to solicit, sell,
1517	issue, or otherwise transact the motor vehicle service
1518	agreements issued by the motor vehicle service agreement
1519	company.
1520	Section 60. Section 634.420, Florida Statutes, is amended
1521	to read:
1522	634.420 License and appointment of sales representatives.-
1523	-Sales representatives for service warranty associations or
1524	insurers shall be licensed, appointed, renewed, continued,
1525	reinstated, or terminated in accordance with procedures as
1526	prescribed in chapter 626 for insurance representatives in
1527	general. However, they shall be exempt from all other provisions
1528	of chapter 626, including fingerprinting, photo identification,
1529	education, and examination. License, appointment, and other fees
1530	shall be those prescribed in s. 624.501. A licensed and
1531	appointed sales representative shall be directly responsible and
1532	accountable for all acts of the licensed sales representative's
1533	employees or other representatives. Each service warranty
1534	association or insurer shall, on forms prescribed by the
1535	department, within 30 days after termination of the appointment,
1536	notify the department of such termination. No employee or sales
1537	representative of a service warranty association or insurer may
1538	directly or indirectly solicit or negotiate insurance contracts,
1539	or hold herself or himself out in any manner to be an insurance
1540	agent or solicitor, unless so qualified, licensed, and appointed
1541	therefor under the insurance code.
1542	Section 61. Section 642.034, Florida Statutes, is amended
1543	to read:
1544	642.034 License and appointment required.--No person may
1545	solicit, negotiate, sell, or execute legal expense insurance
1546	contracts on behalf of an insurer in this state unless such
1547	person is licensed and appointed as a sales representative or is
1548	licensed and appointed under the insurance code as a general
1549	lines agent or solicitor. No person licensed and appointed as a
1550	legal expense insurance sales representative may solicit,
1551	negotiate, sell, or execute any other contract of insurance
1552	unless such person is duly licensed and appointed to do so under
1553	the provisions of chapter 626.
1554	Section 62. Section 642.036, Florida Statutes, is amended
1555	to read:
1556	642.036 Sales representatives to be licensed and
1557	appointed.--Sales representatives of legal expense insurers
1558	shall be licensed, appointed, renewed, continued, reinstated, or
1559	terminated as prescribed in chapter 626 for insurance
1560	representatives in general, and shall pay the license and
1561	appointment fees prescribed in s. 624.501. No employee or sales
1562	representative of an insurer may directly or indirectly solicit
1563	or negotiate insurance contracts, or hold herself or himself out
1564	in any manner to be an insurance agent or solicitor, unless so
1565	qualified, licensed, and appointed therefor under the insurance
1566	code.
1567	Section 63. Section 642.045, Florida Statutes, is amended
1568	to read:
1569	642.045 Procedure for refusal, suspension, or revocation
1570	of license and appointment of sales representative; departmental
1571	action upon violation by licensed insurance agent or solicitor.-
1572	-
1573	(1) If any sales representative is convicted by a court of
1574	a violation of any provision of ss. 642.011-642.049, the license
1575	and appointment of such individual shall thereby be deemed to be
1576	immediately revoked without any further procedure relative
1577	thereto by the department.
1578	(2) Whenever it appears that any licensed insurance agent
1579	or solicitorhas violated the provisions of ss. 642.011-642.049,
1580	or if any grounds listed in s. 642.041 or s. 642.043 exist as to
1581	such agent or solicitor, the department may take such action as
1582	is authorized by the insurance code for a violation of the
1583	insurance code by such agent or solicitor, or such action as is
1584	authorized by this chapter for a violation of this chapter by a
1585	sales representative.
1586	Section 64. Paragraph (b) of subsection (5) and subsection
1587	(9) of section 648.27, Florida Statutes, are amended to read:
1588	648.27 Licenses and appointments; general.--
1589	(5)
1590	(b) The license of a temporary bail bond agent or runner
1591	shall continue in force until suspended, revoked, or otherwise
1592	terminated.
1593	(9) If, upon application for an appointment and such
1594	investigation as the department may make, it appears to the
1595	department that an individual has been actively engaged or is
1596	currently actively engaged in bail bond activities without being
1597	appointed as required, the department may, if it finds that such
1598	failure to be appointed is an error on the part of the insurer
1599	or employer so represented, issue or authorize the issuance of
1600	the appointment as applied for, but subject to the condition
1601	that, before the appointment is issued, all fees and taxes which
1602	would have been due had the applicant been so appointed during
1603	such current and prior periods, together with a continuation fee
1604	for such current and prior terms of appointment, shall be paid
1605	to the department. Failure to notify the department within the
1606	required time period shall result in the appointing entity being
1607	assessed a delinquent fee of $250. Delinquent fees shall be paid
1608	by the appointing entity and shall not be charged to the
1609	appointee.
1610	Section 65. Paragraph (b) of subsection (2) and
1611	subsections (5) and (6) of section 648.34, Florida Statutes, are
1612	amended to read:
1613	648.34 Bail bond agents; qualifications.--
1614	(2) To qualify as a bail bond agent, it must affirmatively
1615	appear at the time of application and throughout the period of
1616	licensure that the applicant has complied with the provisions of
1617	s. 648.355 and has obtained a temporary license pursuant to such
1618	section and:
1619	(b) The applicant is a United States citizen or legal
1620	alien who possesses work authorization from the United States
1621	Immigration and Naturalization Service and isa resident of this
1622	state. An individual who is a resident of this state shall be
1623	deemed to meet the residence requirement of this paragraph,
1624	notwithstanding the existence, at the time of application for
1625	license, of a license in the applicant's name on the records of
1626	another state as a resident licensee of such other state, if the
1627	applicant furnishes a letter of clearance satisfactory to the
1628	department that his or her resident licenses have been canceled
1629	or changed to a nonresident basis and that he or she is in good
1630	standing.
1631	(5) The department shall conduct a comprehensive
1632	investigation of each applicant, including a background check.
1633	The investigation of the applicant's qualifications, character,
1634	experience, background, and fitness shall include submission of
1635	the applicant's fingerprints to the Department of Law
1636	Enforcement and the Federal Bureau of Investigation and
1637	consideration of any state criminal records, federal criminal
1638	records, or local criminal records obtained from these agencies
1639	or from local law enforcement agencies.
1640	(6) The provisions of s. 112.011 do not apply to bail bond
1641	agents or runnersor to applicants for licensure as bail bond
1642	agents or runners.
1643	Section 66. Paragraphs (b) and (e) of subsection (1) of
1644	section 648.355, Florida Statutes, are amended to read:
1645	648.355 Temporary limited license as limited surety agent
1646	or professional bail bond agent; pending examination.--
1647	(1) The department may, in its discretion, issue a
1648	temporary license as a limited surety agent or professional bail
1649	bond agent, subject to the following conditions:
1650	(b) The applicant is a United States citizen or legal
1651	alien who possesses work authorization from the United States
1652	Immigration and Naturalization Service and isa resident of this
1653	state. An individual who is a resident of this state shall be
1654	deemed to meet the residence requirement of this paragraph,
1655	notwithstanding the existence, at the time of application for
1656	temporary license, of a license in the individual's name on the
1657	records of another state as a resident licensee of such other
1658	state, if the applicant furnishes a letter of clearance
1659	satisfactory to the department that the individual's resident
1660	licenses have been canceled or changed to a nonresident basis
1661	and that the individual is in good standing.
1662	(e) The applicant must be employed full-timeat the time
1663	of licensure, and at all times throughout the existence of the
1664	temporary license, by only one licensed and appointed
1665	supervising bail bond agent, who supervises the work of the
1666	applicant and is responsible for the licensee's conduct in the
1667	bail bond business. The applicant must be appointed by the same
1668	insurers as the supervising bail bond agent. The supervising
1669	bail bond agent shall certify monthly to the department under
1670	oath, on a form prescribed by the department, the names and
1671	hours worked each week of all temporary bail bond agents. Filing
1672	a false certification is grounds for the immediate suspension of
1673	the license and imposition of a $5,000 administrative fine. The
1674	department may adopt rules that establish standards for the
1675	employment requirements.
1676	Section 67. Paragraph (a) of subsection (2) and subsection
1677	(3) of section 648.382, Florida Statutes, are amended, and
1678	subsection (6) is added to that section, to read:
1679	648.382 Appointment of bail bond agents and temporary bail
1680	bond agents; effective date of appointment.--
1681	(2) Prior to any appointment, an appropriate officer or
1682	official of the appointing insurer in the case of a bail bond
1683	agent or an insurer, managing general agent, or bail bond agent
1684	in the case of a temporary bail bond agent must submit:
1685	(a) A certified statement or affidavit to the department
1686	stating what investigation has been made concerning the proposed
1687	appointee and the proposed appointee's background and the
1688	appointing person's opinion to the best of his or her knowledge
1689	and belief as to the moral character, fitness,and reputation of
1690	the proposed appointee. In lieu of such certified statement or
1691	affidavit, by authorizing the effectuation of an appointment for
1692	a licensee, the appointing entity certifies to the department
1693	that such investigation has been made and that the results of
1694	the investigation and the appointing person's opinion is that
1695	the proposed appointee is a person of good moral character and
1696	reputation and is fit to engage in the bail bond business;
1697	(3) By authorizing the effectuation of an appointment for
1698	a licensee, the appointing insurer certifies to the department
1699	Prior to any appointment of a bail bond agent, the appointing
1700	insurer must certify to the departmentthat the insurer will be
1701	bound by the acts of the bail bond agent acting within the scope
1702	of his or her appointment, and, in the case of a temporary bail
1703	bond agent, the appointing insurer, managing general agent, or
1704	bail bond agent, as the case may be, must certify to the
1705	department that he or she will supervise the temporary bail bond
1706	agent's activities.
1707	(6) Failure to notify the department within the required
1708	time period shall result in the appointing entity being assessed
1709	a delinquent fee of $250. Delinquent fees shall be paid by the
1710	appointing entity and shall not be charged to the appointee.
1711	Section 68. Section 648.383, Florida Statutes, is amended
1712	to read:
1713	648.383 Renewal, continuation, reinstatement, and
1714	termination of appointment; bail bond agents.--
1715	(1) The appointment of a bail bond agent shall continue in
1716	force unless suspended, revoked, or otherwise terminated,
1717	subject to a renewal request filed by the appointing entity in
1718	the appointee's birth month and every 24 months thereafter. A
1719	renewal request must be filed with the department or person
1720	designated by the department to administer appointmentsalong
1721	with payment of the renewal appointment fee and taxes as
1722	prescribed in s. 624.501.
1723	(2) Each appointing person or person designated by the
1724	department to administer appointments must file with the
1725	departmentthe lists, statement, and information as to each bail
1726	bond agent whose appointment is being renewed, accompanied by
1727	payment of the applicable renewal fees and taxes as prescribed
1728	in s. 624.501, by a date established by the department following
1729	the month during which the appointment will expire.
1730	(3) An appointment may be renewed by the department
1731	without penalty if the information required under subsection (2)
1732	is received by the department on or prior to the expiration of
1733	the appointment in the licensee's birth monthdate established
1734	by the department for renewal, and such appointment shall be
1735	renewed,is effective on the first day of the month succeeding
1736	the month in whichthe appointment was scheduled to expire.
1737	(4) If the information required under subsection (2) is
1738	received by the department after the renewal date established by
1739	the department for renewal, the appointment may be renewed by
1740	the department if thean additional appointment, late filing,
1741	continuation, and reinstatement fees accompanyfee accompanies
1742	the application as required under s. 624.501.
1743	Section 69. Subsections (1) and (3) of section 648.50,
1744	Florida Statutes, are amended to read:
1745	648.50 Effect of suspension, revocation upon associated
1746	licenses and licensees.--
1747	(1) Upon the suspension, revocation, or refusal to renew
1748	or continue any license or appointment or the eligibility to
1749	hold a license or appointment of a bail bond agent or,temporary
1750	bail bond agent, or runner,the department shall at the same
1751	time likewise suspend or revoke all other licenses or
1752	appointments and the eligibility to hold any other such licenses
1753	or appointments which may be held by the licensee under the
1754	Florida Insurance Code.
1755	(3) No person whose license as a bail bond agent or,
1756	temporary bail bond agent, or runnerhas been revoked or
1757	suspended shall be employed by any bail bond agent, have any
1758	ownership interest in any business involving bail bonds, or have
1759	any financial interest of any type in any bail bond business
1760	during the period of revocation or suspension.
1761	Section 70. Sections 626.032 and 626.361, Florida
1762	Statutes, are repealed.
1763	Section 71. Paragraph (d) of subsection (6) of section
1764	627.351, Florida Statutes, is amended to read:
1765	627.351 Insurance risk apportionment plans.--
1766	(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
1767	(d)1. It is the intent of the Legislature that the rates
1768	for coverage provided by the corporation be actuarially sound
1769	and not competitive with approved rates charged in the admitted
1770	voluntary market, so that the corporation functions as a
1771	residual market mechanism to provide insurance only when the
1772	insurance cannot be procured in the voluntary market. Rates
1773	shall include an appropriate catastrophe loading factor that
1774	reflects the actual catastrophic exposure of the corporation.
1775	2. For each county, the average rates of the corporation
1776	for each line of business for personal lines residential
1777	policies excluding rates for wind-only policies shall be no
1778	lower than the average rates charged by the insurer that had the
1779	highest average rate in that county among the 20 insurers with
1780	the greatest total direct written premium in the state for that
1781	line of business in the preceding year, except that with respect
1782	to mobile home coverages, the average rates of the corporation
1783	shall be no lower than the average rates charged by the insurer
1784	that had the highest average rate in that county among the 5
1785	insurers with the greatest total written premium for mobile home
1786	owner's policies in the state in the preceding year.
1787	3. Rates for personal lines residential wind-only policies
1788	must be actuarially sound and not competitive with approved
1789	rates charged by authorized insurers. However, for personal
1790	lines residential wind-only policies issued or renewed between
1791	July 1, 2002, and June 30, 2003, the maximum premium increase
1792	must be no greater than 10 percent of the Florida Windstorm
1793	Underwriting Association premium for that policy in effect on
1794	June 30, 2002, as adjusted for coverage changes and seasonal
1795	occupancy surcharges. For personal lines residential wind-only
1796	policies issued or renewed between July 1, 2003, and June 30,
1797	2004, the corporation shall use its existing filed and approved
1798	wind-only rating and classification plans, provided, however,
1799	that the maximum premium increase must be no greater than 20
1800	percent of the premium for that policy in effect on June 30,
1801	2003, as adjusted for coverage changes and seasonal occupancy
1802	surcharges.
1803
1804	The personal lines residential wind-only rates for the
1805	corporation effective July 1, 2003, must be based on a rate
1806	filing by the corporation which establishes rates which are
1807	actuarially sound and not competitive with approved rates
1808	charged by authorized insurers.Corporation rate manuals shall
1809	include a rate surcharge for seasonal occupancy. To ensure that
1810	personal lines residential wind-only rates effective on or after
1811	July 1, 20042003, are not competitive with approved rates
1812	charged by authorized insurers, the corporation, in conjunction
1813	with the office, shall develop a wind-only rate making
1814	methodology, which methodology shall be contained in a rate
1815	filing made by the corporation with the office by January 1,
1816	2004. If the office thereafter determines that the wind-only
1817	rates or rating factors filed by the corporation fail to comply
1818	with the wind-only rate making methodology provided for in this
1819	subsection, it shall so notify the corporation and require the
1820	corporation to amend its rates or rating factors to come into
1821	compliance within 90 days of notice from the office. The office
1822	shall report to the Speaker of the House of Representatives and
1823	the President of the Senate on the provisions of the wind-only
1824	rate making methodology by January 31, 2004the department, by
1825	March 1 of each year, shall provide the corporation, for each
1826	county in which there are geographical areas in which personal
1827	lines residential wind-only policies may be issued, the average
1828	rates charged by the insurer that had the highest average rate
1829	in that county for wind coverage in that insurer's rating
1830	territories which most closely approximate the geographical area
1831	in that county in which personal lines residential wind-only
1832	policies may be written by the corporation. The average rates
1833	provided must be from an insurer among the 20 insurers with the
1834	greatest total direct written premium in the state for personal
1835	lines residential property insurance for the preceding year.
1836	With respect to mobile homes, the five insurers with the
1837	greatest total written premium for that line of business in the
1838	preceding year shall be used. The corporation shall certify to
1839	the department that its average personal lines residential wind-
1840	only rates are no lower in each county than the average rates
1841	provided by the department. The department is authorized to
1842	adopt rules to establish reporting requirements to obtain the
1843	necessary wind-only rate information from insurers to implement
1844	this provision.
1845	4. Rates for commercial lines coverage shall not be
1846	subject to the requirements of subparagraph 2., but shall be
1847	subject to all other requirements of this paragraph and s.
1848	627.062.
1849	5. Nothing in this paragraph shall require or allow the
1850	corporation to adopt a rate that is inadequate under s. 627.062.
1851	6. The corporation shall certify to the office at least
1852	twice annually that its personal lines rates comply with the
1853	requirements of subparagraphs 1. and 2. If any adjustment in the
1854	rates or rating factors of the corporation is necessary to
1855	ensure such compliance, the corporation shall make and implement
1856	such adjustments and file its revised rates and rating factors
1857	with the office. If the office thereafter determines that the
1858	revised rates and rating factors fail to comply with the
1859	provisions of subparagraphs 1. and 2, it shall notify the
1860	corporation and require the corporation to amend its rates or
1861	rating factors in conjunction with its next rate filing. The
1862	office must notify the corporation by electronic means of any
1863	rate filing it approves for any insurer among the insurers
1864	referred to in subparagraph 2make a rate filing at least once a
1865	year, but no more often than quarterly.
1866	7. In addition to the rates otherwise determined pursuant
1867	to this paragraph, the corporation shall impose and collect an
1868	amount equal to the premium tax provided for in s. 624.509 to
1869	augment the financial resources of the corporation.
1870	8.a To assist the corporation in developing additional
1871	ratemaking methods to assure compliance with subparagraphs 1.
1872	and 4., the corporation shall appoint a rate methodology panel
1873	consisting of one person recommended by the Florida Association
1874	of Insurance Agents, one person recommended by the Professional
1875	Insurance Agents of Florida, one person recommended by the
1876	Florida Association of Insurance and Financial Advisors, one
1877	person recommended by the insurer with the highest voluntary
1878	market share of residential property insurance business in the
1879	state, one person recommended by the insurer with the second-
1880	highest voluntary market share of residential property insurance
1881	business in the state, one person recommended by an insurer
1882	writing commercial residential property insurance in this state,
1883	one person recommended by the Office of Insurance Regulation,
1884	and one board member designated by the board chairman, who shall
1885	serve as chairman of the panel.
1886	b. By January 1, 2004, the rate methodology panel shall
1887	provide a report to the corporation of its findings and
1888	recommendations for the use of additional ratemaking methods and
1889	procedures, including the use of a rate-equalization surcharge
1890	in an amount sufficient to assure that the total cost of
1891	coverage for policyholders or applicants to the corporation is
1892	sufficient to comply with subparagraph 1.
1893	c. Within 30 days after such report, the corporation shall
1894	present to the President of the Senate, the Speaker of the House
1895	of Representatives, the minority party leaders of each house of
1896	the Legislature, and the chairs of the standing committees of
1897	each house of the Legislature having jurisdiction of insurance
1898	issues, a plan for implementing the additional ratemaking
1899	methods and an outline of any legislation needed to facilitate
1900	use of the new methods.
1901	d. The plan must include a provision that producer
1902	commissions paid by the corporation shall not be calculated in
1903	such a manner as to include any rate-equalization surcharge.
1904	However, without regard to the plan to be developed or its
1905	implementation, producer commissions paid by the corporation for
1906	each account, other than the quota share primary program, shall
1907	remain fixed as to percentage, effective rate, calculation, and
1908	payment method, as these were in effect on January 1, 2003.
1909	9. By January 1, 2004, the corporation shall develop a
1910	notice to policyholders or applicants that the rates of Citizens
1911	Property Insurance Corporation are intended to be higher than
1912	the rates of any admitted carrier and providing other
1913	information the corporation deems necessary to assist consumers
1914	in finding other voluntary admitted insurers willing to insure
1915	their property.
1916	Section 72. Section 624.105, Florida Statutes, is created
1917	to read:
1918	624.105 Waiver of customer liability.--Any regulated
1919	company as defined in s. 350.111, any electric utility as
1920	defined in s. 366.02(2), any utility as defined in s.
1921	367.021(12) or s.367.022(2) and (7), and any provider of
1922	communications services as defined in s. 202.11(3) may charge
1923	for and include an optional waiver of liability provision in
1924	their customer contracts under which the entity agrees to waive
1925	all or a portion of the customer’s liability for service from
1926	the entity for a defined period in the event of the customer’s
1927	call to active military service, death, disability, involuntary
1928	unemployment, qualification for family leave, or similar
1929	qualifying event or condition. Such provisions may not be
1930	effective in the customer’s contract with the entity unless
1931	affirmatively elected by the customer. No such provision shall
1932	constitute insurance so long as the provision is a contract
1933	between the entity and its customer.
1934	Section 73. Section 717.1071, Florida Statutes, is created
1935	to read:
1936	717.1071 Lost owners of unclaimed demutualization,
1937	rehabilitation, or related reorganization proceeds.--
1938	(1) Property distributable in the course of a
1939	demutualization, rehabilitation, or related reorganization of an
1940	insurance company is deemed abandoned 2 years after the date the
1941	property is first distributable if, at the time of the first
1942	distribution, the last known address of the owner on the books
1943	and records of the holder is known to be incorrect or the
1944	distribution or statements are returned by the post office as
1945	undeliverable; and the owner has not communicated in writing
1946	with the holder or its agent regarding the interest or otherwise
1947	communicated with the holder regarding the interest as evidenced
1948	by a memorandum or other record on file with the holder or its
1949	agent.
1950	(2) Property distributable in the course of
1951	demutualization, rehabilitation, or related reorganization of a
1952	mutual insurance company that is not subject to subsection (1)
1953	shall be reportable as otherwise provided by this chapter.
1954	(3) Property subject to this section shall be reported and
1955	delivered no later than May 1 as of the preceding December 31,
1956	however the initial report under this section shall be filed no
1957	later than November 1, 2003, as of December 31, 2002.
1958	Section 74. Subsection (8) of section 624.430, Florida
1959	Statutes, is renumbered as subsection (9), and new subsection
1960	(8) is added to said section, to read:
1961	624.430 Withdrawal of insurer or discontinuance of writing
1962	certain kinds or lines of insurance.--
1963	(8) Notwithstanding subsection (7), any insurer desiring
1964	to surrender its certificate of authority, withdraw from this
1965	state, or discontinue the writing of any one or multiple kinds
1966	or lines of insurance in this state is expected to have availed
1967	itself of all reasonably available reinsurance. Reasonably
1968	available reinsurance shall include unrealized reinsurance,
1969	which is defined as reinsurance recoverable on known losses
1970	incurred and due under valid reinsurance contracts that have not
1971	been identified in the normal course of business and have not
1972	been reported in financial statements filed with the Office of
1973	Insurer Regulation. Within 90 days after surrendering its
1974	certificate of authority, withdrawing from this state, or
1975	discontinuing the writing of any one or multiple kinds or lines
1976	of insurance in this state, the insurer shall certify to the
1977	Director of the Office of Insurer Regulation that the insurer
1978	has engaged an independent third party to search for unrealized
1979	reinsurance, and that the insurer has made all relevant books
1980	and records available to such third party. The compensation to
1981	such third party may be a percentage of unrealized reinsurance
1982	identified and collected.
1983	Section 75. Subsection (11) of section 626.7451, Florida
1984	Statutes, is amended to read:
1985	626.7451 Managing general agents; required contract
1986	provisions.--No person acting in the capacity of a managing
1987	general agent shall place business with an insurer unless there
1988	is in force a written contract between the parties which sets
1989	forth the responsibility for a particular function, specifies
1990	the division of responsibilities, and contains the following
1991	minimum provisions:
1992	(11) A licensed managing general agent, when placing
1993	business with an insurer under this code, may charge a per-
1994	policy fee not to exceed $40$25. In no instance shall the
1995	aggregate of per-policy fees for a placement of business
1996	authorized under this section, when combined with any other per-
1997	policy fee charged by the insurer, result in per-policy fees
1998	which exceed the aggregate amount of $40$25. The per-policy fee
1999	shall be a component of the insurer's rate filing and shall be
2000	fully earned. A managing general agent that collects a per-
2001	policy fee shall remit a minimum of $5 per policy to the insurer
2002	for the funding of a Special Investigations Unit dedicated to
2003	the prevention of motor vehicle insurance fraud, $2 per policy
2004	to the Division of Insurance Fraud of the Department of
2005	Financial Services which shall be dedicated to the prevention
2006	and detection of motor vehicle insurance fraud, and $3 per
2007	policy to the Office of Statewide Prosecution which shall be
2008	dedicated to the prosecution of motor vehicle insurance fraud.
2009	Any insurer that writes directly without a managing general
2010	agent and that charges a per-policy fee may charge an additional
2011	$5 per policy to fund its Special Investigations Unit, which
2012	shall be dedicated to the prevention of motor vehicle insurance
2013	fraud, $2 per policy to the Division of Insurance Fraud of the
2014	Department of Financial Services, which shall be dedicated to
2015	the prevention and detection of motor vehicle insurance fraud,
2016	and $3 per policy to the Office of Statewide Prosecution which
2017	shall be dedicated to the prosecution of motor vehicle insurance
2018	fraud.
2019
2020	For the purposes of this section and ss. 626.7453 and 626.7454,
2021	the term "controlling person" or "controlling" has the meaning
2022	set forth in s. 625.012(5)(b)1., and the term "controlled
2023	person" or "controlled" has the meaning set forth in s.
2024	625.012(5)(b)2.
2025	Section 76. Section 624.4623, Florida Statutes, is created
2026	to read:
2027	624.4623 Independent Educational Institution Self-
2028	Insurance Funds—
2029	(1) Notwithstanding any other provision of law, any two or
2030	more independent nonprofit colleges or universities accredited
2031	by the Commission on Colleges of the Southern Association of
2032	Colleges and Schools or independent, nonprofit, accredited
2033	secondary educational institutions, located in and chartered by
2034	the state of Florida, may form a self-insurance fund for the
2035	purpose of pooling and spreading liabilities of its group
2036	members in any property or casualty risk or surety insurance or
2037	securing the payment of benefits under chapter 440, provided the
2038	independent educational institution self-insurance fund that is
2039	created must:
2040	(a) Have annual normal premiums in excess of $5 million;
2041	(b) Maintain a continuing program of excess insurance
2042	coverage and reserve evaluation to protect the financial
2043	stability of the fund in an amount and manner determined by a
2044	qualified and independent actuary;
2045	(c) Submit annually an audited fiscal year-end financial
2046	statement by an independent certified public accountant within 6
2047	months after the end of the fiscal year to the office; and
2048	(d) Have a governing body which is comprised entirely of
2049	independent educational institution officials.
2050	(2) An independent educational institution self-insurance
2051	fund that meets the requirements of this section is not subject
2052	to s. 624.4621 and is not required to file any report with the
2053	department under s. 440.38(2)(b) which is uniquely required of
2054	group self-insurer funds qualified under s. 624.4621. If any of
2055	the requirements of this section are not met, the independent
2056	educational self-insurance fund is subject to the requirements
2057	of s. 624.4621.
2058	================= T I T L E A M E N D M E N T =================
2059	Between lines 11 and 12, insert:
2060	amending ss. 624.04, 624.303, 624.313, 624.317, 624.504,
2061	624.506, 624.521, 626.022, 626.112, 626.733, 626.7354, 626.741,
2062	626.753, 626.829, 634.171, 634.420, 642.034, 642.036, and
2063	642.045, F.S.; deleting references to solicitors to conform to
2064	prior deletions; amending ss. 624.34, 626.202, and 626.601,
2065	F.S.; revising certain fingerprinting requirements; amending s.
2066	624.501, F.S.; providing for a fee for certain late appointment
2067	filings; amending s. 626.015, F.S.; deleting a definition of
2068	administrative agent; amending s. 626.171, F.S.; revising
2069	applicant address requirements; specifying required background
2070	investigation information; amending ss. 626.175, 626.7355,
2071	626.731, 626.831, 626.8414, 626.865, 626.866, 626.867, 626.874,
2072	626.9916, 648.34, and 648.355, F.S.; revising licensure
2073	eligibility criteria to specify United States citizenship or
2074	certain legal alien status; providing for the adoption of rules;
2075	amending s. 626.201, F.S.; revising certain fingerprint
2076	requirements; amending s. 626.221, F.S.; revising appointment
2077	application filing time period requirements; amending s.
2078	626.2815, F.S.; requiring certain continuing education hour and
2079	subject requirements; deleting references to solicitors to
2080	conform to prior deletions; revising a continuing education
2081	board member title; amending s. 626.2816, F.S.; revising a
2082	cross-reference; clarifying a continuing education requirement;
2083	amending s. 626.2817, F.S.; deleting a prelicensure rule
2084	requirement; amending s. 626.311, F.S.; providing for the
2085	appointment of certain licensees; amending s. 626.321, F.S.;
2086	deleting references to solicitors to conform to prior deletions;
2087	providing for one application for a license and payment of
2088	applicable fees; amending s. 626.322, F.S.; clarifying the
2089	effect of insurer authorization of effectuation of certain
2090	appointments; amending s. 626.341, F.S.; including a department-
2091	designated person to administer appointment processes for
2092	certain appointment-related actions; amending s. 626.371, F.S.;
2093	providing requirements for submittal and effective date of
2094	appointments; imposing a delinquent fee for certain notification
2095	failures; providing fee payment requirements; amending s.
2096	626.381, F.S.; including a department-designated person to
2097	administer appointment processes for certain appointment-related
2098	actions; providing for a fee for certain late appointment
2099	filings; amending s. 626.451, F.S.; including a department-
2100	designated person to administer appointment processes for
2101	certain appointment-related actions; clarifying the effect of
2102	insurer authorization of effectuation of certain appointments;
2103	requiring licensee notification of the department of certain
2104	criminal proceedings; amending s. 626.461, F.S.; including a
2105	department-designated person to administer appointment processes
2106	for certain appointment-related actions; deleting references to
2107	solicitors to conform to prior deletions; amending s. 626.471,
2108	F.S.; including a department-designated person to administer
2109	appointment processes for certain appointment-related actions;
2110	providing for termination of certain appointments; requiring
2111	notice of termination; amending s. 626.843, F.S.; revising
2112	procedures for renewing title insurance agent appointments;
2113	amending s. 626.7315, F.S.; providing an exception to a
2114	prohibition against certain individuals receiving money on
2115	account of or for an insurer; amending ss. 626.732, 626.7851,
2116	626.8311, and 626.8417, F.S.; revising certain education subject
2117	requirements; amending s. 626.7351, F.S.; revising licensure
2118	eligibility criteria to specify United States citizenship or
2119	certain legal alien status; revising certain education subject
2120	requirements; providing additional education course
2121	requirements; amending s. 626.785, F.S.; revising licensure
2122	eligibility criteria to specify United States citizenship or
2123	certain legal alien status; increasing the amount of coverage
2124	for burial-related expenses that may be sold by a life insurance
2125	agent under contract with a funeral establishment; amending s.
2126	626.797, F.S.; revising an association title; amending s.
2127	626.869, F.S.; deleting a provision relating to limited licenses
2128	for certain adjusters; revising certain education requirements;
2129	amending s. 626.878, F.S.; specifying implementation
2130	requirements for the department's ethics rules; amending s.
2131	626.9541, F.S.; revising sliding as an unfair method of
2132	competition and unfair or deceptive act or practice; amending s.
2133	632.634, F.S.; specifying registration of a society only upon
2134	department request; amending s. 627.7295, F.S.; revising the
2135	per-policy fees that general lines agents may charge on certain
2136	policies; amending s. 648.27, F.S.; imposing a delinquent fee
2137	for certain notification failures; providing fee payment
2138	requirements; deleting obsolete runner references; amending s.
2139	648.382, F.S.; clarifying the effect of insurer authorization of
2140	effectuation of certain appointments; imposing a delinquent fee
2141	for certain notification failures; providing fee payment
2142	requirements; amending s. 648.383, F.S.; including a department-
2143	designated person to administer appointment processes for
2144	certain appointment-related actions; providing for a fee for
2145	certain late appointment filings; amending s. 648.50, F.S.;
2146	deleting obsolete runner references; repealing s. 626.032, F.S.,
2147	relating to continuing education and required designation of
2148	administrative agents; repealing s. 626.361, F.S., relating to
2149	the effective date of appointments; amending s. 627.351, F.S.;
2150	providing requirements for the corporation relating to personal
2151	lines residential wind-only policies; requiring the corporation
2152	to develop a wind-only rate making methodology; requiring a
2153	report; requiring the Citizens Property Insurance Corporation to
2154	certify at certain intervals that its rates comply with
2155	requirements to be set a certain levels relative to other
2156	insurers; authorizing the Office of Insurance Regulation to
2157	review and act upon such certification; requiring the
2158	corporation to appoint a rate methodology panel to make
2159	recommendations for the use of additional ratemaking methods,
2160	including the use of a rate equalization surcharge to assure
2161	that the cost of coverage is sufficient to comply with state
2162	law; requiring the corporation to provide a related report to
2163	the Legislature and a plan for implementing the additional
2164	ratemaking methods; specifying how the plan shall apply to agent
2165	commissions; requiring the corporation to develop a notice to
2166	policyholders; creating s. 624.105, F.S.; providing for waiver
2167	of customer liability for certain fess by providers of utility
2168	and telecommunications services under certain circumstances;
2169	creating s. 717.1071, F.S.; providing procedures, requirements,
2170	and limitations on lost owners of certain unclaimed insurance
2171	entity activity proceeds; amending s. 624.430, F.S.; requiring
2172	certain insurers to obtain reasonably available reinsurance
2173	under certain circumstances; providing procedures and criteria;
2174	amending s. 626.7451, F.S.; providing a per-policy fee to be
2175	remitted to the insurer's Special Investigations Unit, the
2176	Division of Insurance Fraud of the Department of Financial
2177	Services, and the Office of Statewide Prosecution for purposes
2178	of preventing, detecting, and prosecuting motor vehicle
2179	insurance fraud; creating s. 624.4623, F.S.; authorizing two or
2180	more independent colleges or universities to form a self-
2181	insurance fund; providing specific requirements;