ENROLLED HB 0513, Engrossed 2 2003 Legislature
   
1 A bill to be entitled
2          An act relating to insurance claims and premium payments;
3    amending s. 627.4035, F.S.; providing for the payment of
4    insurance premiums by a debit or credit card, automatic
5    electronic funds transfer, or payroll deduction plan;
6    amending s. 627.7015, F.S.; defining "claim" for purposes
7    of alternative procedures for resolution of disputed
8    property insurance claims; amending s. 627.901, F.S.;
9    revising limits on service charges for premium financing;
10    amending ss. 624.04, 624.303, 624.313, 624.317, 624.504,
11    624.506, 624.521, 626.022, 626.112, 626.733, 626.7354,
12    626.741, 626.753, 626.829, 634.171, 634.420, 642.034,
13    642.036, and 642.045, F.S.; deleting references to
14    solicitors to conform to prior deletions; amending ss.
15    624.34, 626.202, and 626.601, F.S.; revising certain
16    fingerprinting requirements; amending s. 624.501, F.S.;
17    providing for a fee for certain late appointment filings;
18    amending s. 626.015, F.S.; deleting a definition of
19    administrative agent; amending s. 626.171, F.S.; revising
20    applicant address requirements; specifying required
21    background investigation information; amending ss.
22    626.175, 626.7355, 626.731, 626.831, 626.8414, 626.865,
23    626.866, 626.867, 626.874, 626.9916, 648.34, and 648.355,
24    F.S.; revising licensure eligibility criteria to specify
25    United States citizenship or certain legal alien status;
26    providing for the adoption of rules; amending s. 626.201,
27    F.S.; revising certain fingerprint requirements; amending
28    s. 626.221, F.S.; revising appointment application filing
29    time period requirements; amending s. 626.2815, F.S.;
30    requiring certain continuing education hour and subject
31    requirements; deleting references to solicitors to conform
32    to prior deletions; revising a continuing education board
33    member title; amending s. 626.2816, F.S.; revising a
34    cross-reference; clarifying a continuing education
35    requirement; amending s. 626.2817, F.S.; deleting a
36    prelicensure rule requirement; amending s. 626.311, F.S.;
37    providing for the appointment of certain licensees;
38    amending s. 626.321, F.S.; deleting references to
39    solicitors to conform to prior deletions; providing for
40    one application for a license and payment of applicable
41    fees; amending s. 626.322, F.S.; clarifying the effect of
42    insurer authorization of effectuation of certain
43    appointments; amending s. 626.341, F.S.; including a
44    department-designated person to administer appointment
45    processes for certain appointment-related actions;
46    amending s. 626.371, F.S.; providing requirements for
47    submittal and effective date of appointments; imposing a
48    delinquent fee for certain notification failures;
49    providing fee payment requirements; amending s. 626.381,
50    F.S.; including a department-designated person to
51    administer appointment processes for certain appointment-
52    related actions; providing for a fee for certain late
53    appointment filings; amending s. 626.451, F.S.; including
54    a department-designated person to administer appointment
55    processes for certain appointment-related actions;
56    clarifying the effect of insurer authorization of
57    effectuation of certain appointments; requiring licensee
58    notification of the department of certain criminal
59    proceedings; amending s. 626.461, F.S.; including a
60    department-designated person to administer appointment
61    processes for certain appointment-related actions;
62    deleting references to solicitors to conform to prior
63    deletions; amending s. 626.471, F.S.; including a
64    department-designated person to administer appointment
65    processes for certain appointment-related actions;
66    providing for termination of certain appointments;
67    requiring notice of termination; amending s. 626.843,
68    F.S.; revising procedures for renewing title insurance
69    agent appointments; amending s. 626.7315, F.S.; providing
70    an exception to a prohibition against certain individuals
71    receiving money on account of or for an insurer; amending
72    ss. 626.732, 626.7851, 626.8311, and 626.8417, F.S.;
73    revising certain education subject requirements; amending
74    s. 626.7351, F.S.; revising licensure eligibility criteria
75    to specify United States citizenship or certain legal
76    alien status; revising certain education subject
77    requirements; providing additional education course
78    requirements; amending s. 626.785, F.S.; revising
79    licensure eligibility criteria to specify United States
80    citizenship or certain legal alien status; increasing the
81    amount of coverage for burial-related expenses that may be
82    sold by a life insurance agent under contract with a
83    funeral establishment; amending s. 626.797, F.S.; revising
84    an association title; amending s. 626.869, F.S.; deleting
85    a provision relating to limited licenses for certain
86    adjusters; revising certain education requirements;
87    amending s. 626.878, F.S.; specifying implementation
88    requirements for the department's ethics rules; amending
89    s. 626.9541, F.S.; clarifying activities that constitute
90    illegal dealings in premiums; revising sliding as an
91    unfair method of competition and unfair or deceptive act
92    or practice; amending s. 632.634, F.S.; specifying
93    registration of a society only upon department request;
94    amending s. 648.27, F.S.; imposing a delinquent fee for
95    certain notification failures; providing fee payment
96    requirements; deleting obsolete runner references;
97    amending s. 648.382, F.S.; clarifying the effect of
98    insurer authorization of effectuation of certain
99    appointments; imposing a delinquent fee for certain
100    notification failures; providing fee payment requirements;
101    amending s. 648.383, F.S.; including a department-
102    designated person to administer appointment processes for
103    certain appointment-related actions; providing for a fee
104    for certain late appointment filings; amending s. 648.50,
105    F.S.; deleting obsolete runner references; repealing s.
106    626.032, F.S., relating to continuing education and
107    required designation of administrative agents; repealing
108    s. 626.361, F.S., relating to the effective date of
109    appointments; amending s. 627.351, F.S.; providing
110    requirements for the corporation relating to personal
111    lines residential wind-only policies; requiring the
112    corporation to develop a wind-only rate making
113    methodology; requiring a report; requiring the Citizens
114    Property Insurance Corporation to certify at certain
115    intervals that its rates comply with requirements to be
116    set a certain levels relative to other insurers;
117    authorizing the Office of Insurance Regulation to review
118    and act upon such certification; requiring the corporation
119    to appoint a rate methodology panel to make
120    recommendations for the use of additional ratemaking
121    methods, including the use of a rate equalization
122    surcharge to assure that the cost of coverage is
123    sufficient to comply with state law; requiring the
124    corporation to provide a related report to the Legislature
125    and a plan for implementing the additional ratemaking
126    methods; specifying how the plan shall apply to agent
127    commissions; requiring the corporation to develop a notice
128    to policyholders; creating s. 624.105, F.S.; providing for
129    waiver of customer liability for certain fess by providers
130    of utility and telecommunications services under certain
131    circumstances; creating s. 717.1071, F.S.; providing
132    procedures, requirements, and limitations on lost owners
133    of certain unclaimed insurance entity activity proceeds;
134    amending s. 624.430, F.S.; requiring certain insurers to
135    obtain reasonably available reinsurance under certain
136    circumstances; providing procedures and criteria; amending
137    s. 626.7451, F.S.; providing a per-policy fee to be
138    remitted to the insurer's Special Investigations Unit, the
139    Division of Insurance Fraud of the Department of Financial
140    Services, and the Office of Statewide Prosecution for
141    purposes of preventing, detecting, and prosecuting motor
142    vehicle insurance fraud; creating s. 624.4623, F.S.;
143    authorizing two or more independent colleges or
144    universities to form a self-insurance fund; providing
145    specific requirements; amending s. 624.81, F.S.; requiring
146    insurers that are under administrative supervision to
147    avail themselves of all reasonably available reinsurance;
148    providing for a third party to search for reinsurance;
149    providing for reimbursing the third party; amending s.
150    626.9541, F.S.; prohibiting insurers from refusing to
151    insure solely because the insured or applicant is a public
152    official; providing an effective date.
153         
154          Be It Enacted by the Legislature of the State of Florida:
155         
156          Section 1. Subsection (1) of section 627.4035, Florida
157    Statutes, is amended to read:
158          627.4035 Cash payment of premiums; claims.--
159          (1) The premiums for insurance contracts issued in this
160    state or covering risk located in this state shall be paid in
161    cash consisting of coins, currency, checks, or money orders or
162    by using a debit card, credit card, automatic electronic funds
163    transfer, or payroll deduction plan.
164          Section 2. Subsection (9) is added to section 627.7015,
165    Florida Statutes, to read:
166          627.7015 Alternative procedure for resolution of disputed
167    property insurance claims.--
168          (9) For purposes of this section, the term "claim" refers
169    to any dispute between an insurer and an insured relating to a
170    material issue of fact other than a dispute:
171          (a) With respect to which the insurer has a reasonable
172    basis to suspect fraud;
173          (b) Where, based on agreed-upon facts as to the cause of
174    loss, there is no coverage under the policy;
175          (c) With respect to which the insurer has a reasonable
176    basis to believe that the claimant has intentionally made a
177    material misrepresentation of fact which is relevant to the
178    claim, and the entire request for payment of a loss has been
179    denied on the basis of the material misrepresentation; or
180          (d) With respect to which the amount in controversy is
181    less than $500, unless the parties agree to mediate a dispute
182    involving a lesser amount.
183          Section 3. Subsection (1) of section 627.901, Florida
184    Statutes, is amended to read:
185          627.901 Premium financing by an insurance agent or
186    agency.--
187          (1) A general lines agent may make reasonable service
188    charges for financing insurance premiums on policies issued or
189    business produced by such an agent or agency, s. 626.9541
190    notwithstanding. The service charge shall not exceed $3$1per
191    installment, or a $6 total service charge per year, for any
192    premium balance of $120 or less. For any premium balance greater
193    than $120 but not more than $220, the service charge shall not
194    exceed $9 per year. The maximum service charge for any premium
195    balance greater than $220 shall not exceed $36$12per year. In
196    lieu of such service charges, an insurance agent or agency, at
197    the sole discretion of such agent or agency, may charge a rate
198    of interest not to exceed 18 percent simple interest per year
199    on:
200          (a) The unpaid balance; or
201          (b) The average unpaid balance as billed over the term of
202    the policy and subject to endorsement changes. The interest
203    authorized by this paragraph may be billed in equal
204    installments.
205          Section 4. Section 624.04, Florida Statutes, is amended to
206    read:
207          624.04 "Person" defined.--"Person" includes an individual,
208    insurer, company, association, organization, Lloyds, society,
209    reciprocal insurer or interinsurance exchange, partnership,
210    syndicate, business trust, corporation, agent, general agent,
211    broker, solicitor,service representative, adjuster, and every
212    legal entity.
213          Section 5. Subsection (2) of section 624.303, Florida
214    Statutes, is amended to read:
215          624.303 Seal; certified copies as evidence.--
216          (2) All certificates executed by the department, other
217    than licenses of agents, solicitors,or adjusters or similar
218    licenses or permits, shall bear its seal.
219          Section 6. Paragraph (a) of subsection (2) of section
220    624.313, Florida Statutes, is amended to read:
221          624.313 Publications.--
222          (2) The department may prepare and have printed and
223    published in pamphlet or book form the following:
224          (a) As needed, questions and answers for the use of
225    persons applying for an examination for licensing as agents or
226    solicitorsfor property, casualty, surety, health, and
227    miscellaneous insurers.
228          Section 7. Subsection (2) of section 624.317, Florida
229    Statutes, is amended to read:
230          624.317 Investigation of agents, adjusters,
231    administrators, service companies, and others.--If it has reason
232    to believe that any person has violated or is violating any
233    provision of this code, or upon the written complaint signed by
234    any interested person indicating that any such violation may
235    exist, the department shall conduct such investigation as it
236    deems necessary of the accounts, records, documents, and
237    transactions pertaining to or affecting the insurance affairs of
238    any:
239          (2) Insurance agent or, customer representative, or
240    solicitor, subject to the requirements of s. 626.601.
241          Section 8. Section 624.34, Florida Statutes, is amended to
242    read:
243          624.34 Authority of Department of Law Enforcement to
244    accept fingerprints of, and exchange criminal history records
245    with respect to, certain persons.--
246          (1) The Department of Law Enforcement may accept
247    fingerprints of organizers, incorporators, subscribers,
248    officers, stockholders, directors, or any other persons
249    involved, directly or indirectly, in the organization,
250    operation, or management of:
251          (a) Any insurer or proposed insurer transacting or
252    proposing to transact insurance in this state.
253          (b) Any other entity which is examined or investigated or
254    which is eligible to be examined or investigated under the
255    provisions of the Florida Insurance Code.
256          (2) The Department of Law Enforcement may accept
257    fingerprints of individuals who apply for a license as an agent,
258    customer representative, adjuster, service representative, or
259    managing general agent or the fingerprints of the majority
260    owner, sole proprietor, partners, officers, and directors of a
261    corporation or other legal entity that applies for licensure
262    with the department under the provisions of the Florida
263    Insurance Code.
264          (3) The Department of Law Enforcement may, to the extent
265    provided for by federal law, exchange state, multistate, and
266    federal criminal history records with the department and the
267    office for the purpose of the issuance, denial,suspension, or
268    revocation of a certificate of authority, certification,or
269    license to operate in this state.
270          (4) The Department of Law Enforcement may accept
271    fingerprints of any other person required by statute or rule to
272    submit fingerprints to the department or office or any applicant
273    or licensee regulated by the department or office who is
274    required to demonstrate that he or she has not been convicted of
275    or pled guilty or nolo contendere to a felony or a misdemeanor.
276          (5) The Department of Law Enforcement shall, upon receipt
277    of fingerprints from the department or office, submit the
278    fingerprints to the Federal Bureau of Investigation to check
279    federal criminal history records.
280          (6) Statewide criminal records obtained through the
281    Department of Law Enforcement, federal criminal records obtained
282    through the Federal Bureau of Investigation, and local criminal
283    records obtained through local law enforcement agencies shall be
284    used by the department and office for the purpose of issuance,
285    denial, suspension, or revocation of certificates of authority,
286    certifications, or licenses issued to operate in this state.
287          Section 9. Paragraph (b) of subsection (6) of section
288    624.501, Florida Statutes, is amended, and subsection (28) is
289    added to that section, to read:
290          624.501 Filing, license, appointment, and miscellaneous
291    fees.--The department shall collect in advance, and persons so
292    served shall pay to it in advance, fees, licenses, and
293    miscellaneous charges as follows:
294          (6) Insurance representatives, property, marine, casualty,
295    and surety insurance.
296          (b) Solicitor's orCustomer representative's original
297    appointment and biennial renewal or continuation thereof:
298          Appointment fee....$42.00
299          State tax....12.00
300          County tax....6.00
301          Total....$60.00
302          (28) Late filing of appointment renewals for agents,
303    adjusters, and other insurance representatives, each
304    appointment....$20.00
305          Section 10. Section 624.504, Florida Statutes, is amended
306    to read:
307          624.504 Liability for state, county tax.--
308          (1)Each authorized insurer that uses insurance agents in
309    this state shall be liable for and shall pay the state and
310    county taxes required therefor under s. 624.501 or s. 624.505.
311          (2) Each insurance agent in this state that uses
312    solicitors shall be liable for and shall pay the state and
313    county taxes required therefor under s. 624.501.
314          Section 11. Subsection (1) of section 624.506, Florida
315    Statutes, is amended to read:
316          624.506 County tax; deposit and remittance.--
317          (1) The Insurance Commissioner and Treasurer shall deposit
318    in the Agents and SolicitorsCounty Tax Trust Fund all moneys
319    accepted as county tax under this part. She or he shall keep a
320    separate account for all moneys so collected for each county
321    and, after deducting therefrom the service charges provided for
322    in s. 215.20, shall remit the balance to the counties.
323          Section 12. Subsection (1) of section 624.521, Florida
324    Statutes, is amended to read:
325          624.521 Deposit of certain tax receipts; refund of
326    improper payments.--
327          (1) The Department of Insurance shall promptly deposit in
328    the State Treasury to the credit of the Insurance Commissioner's
329    Regulatory Trust Fund all "state tax" portions of agents' and
330    solicitors'licenses collected under s. 624.501 necessary to
331    fund the Division of Insurance Fraud. The balance of the tax
332    shall be credited to the General Fund. All moneys received by
333    the Department of Insurance not in accordance with the
334    provisions of this code or not in the exact amount as specified
335    by the applicable provisions of this code shall be returned to
336    the remitter. The records of the department shall show the date
337    and reason for such return.
338          Section 13. Section 626.015, Florida Statutes, is amended
339    to read:
340          626.015 Definitions.--As used in this part:
341          (1) "Adjuster" means a public adjuster as defined in s.
342    626.854, independent adjuster as defined in s. 626.855, or
343    company employee adjuster as defined in s. 626.856.
344          (2) "Administrative agent" means a life agent or health
345    agent who:
346          (a) Is employed by a full-time licensed life agent or
347    health agent who shall supervise and be accountable for the
348    actions of the administrative agent.
349          (b) Performs primarily administrative functions.
350          (c) Receives no insurance commissions.
351          (d) Does not solicit or transact business outside of the
352    confines of an insurance agency office.
353          (2)(3)"Agent" means a general lines agent, life agent,
354    health agent, or title agent, or all such agents, as indicated
355    by context. The term "agent" includes an insurance producer or
356    producer, but does not include a customer representative,
357    limited customer representative, or service representative.
358          (3)(4)"Appointment" means the authority given by an
359    insurer or employer to a licensee to transact insurance or
360    adjust claims on behalf of an insurer or employer.
361          (4)(5)"Customer representative" means an individual
362    appointed by a general lines agent or agency to assist that
363    agent or agency in transacting the business of insurance from
364    the office of that agent or agency.
365          (5)(6)"Department" means the Department of Insurance.
366          (6)(7)"General lines agent" means an agent transacting
367    any one or more of the following kinds of insurance:
368          (a) Property insurance.
369          (b) Casualty insurance, including commercial liability
370    insurance underwritten by a risk retention group, a commercial
371    self-insurance fund as defined in s. 624.462, or a workers'
372    compensation self-insurance fund established pursuant to s.
373    624.4621.
374          (c) Surety insurance.
375          (d) Health insurance, when transacted by an insurer also
376    represented by the same agent as to property or casualty or
377    surety insurance.
378          (e) Marine insurance.
379          (7)(8)"Health agent" means an agent representing a health
380    maintenance organization or, as to health insurance only, an
381    insurer transacting health insurance.
382          (8)(9)"Home state" means the District of Columbia and any
383    state or territory of the United States in which an insurance
384    agent maintains his or her principal place of residence and is
385    licensed to act as an insurance agent.
386          (9)(10)"Insurance agency" means a business location at
387    which an individual, firm, partnership, corporation,
388    association, or other entity, other than an employee of the
389    individual, firm, partnership, corporation, association, or
390    other entity and other than an insurer as defined by s. 624.03
391    or an adjuster as defined by subsection (1), engages in any
392    activity or employs individuals to engage in any activity which
393    by law may be performed only by a licensed insurance agent.
394          (10)(11)"License" means a document issued by the
395    department authorizing a person to be appointed to transact
396    insurance or adjust claims for the kind, line, or class of
397    insurance identified in the document.
398          (11)(12)"Life agent" means an individual representing an
399    insurer as to life insurance and annuity contracts, including
400    agents appointed to transact life insurance, fixed-dollar
401    annuity contracts, or variable contracts by the same insurer.
402          (12)(13)"Limited customer representative" means a
403    customer representative appointed by a general lines agent or
404    agency to assist that agent or agency in transacting only the
405    business of private passenger motor vehicle insurance from the
406    office of that agent or agency. A limited customer
407    representative is subject to the Florida Insurance Code in the
408    same manner as a customer representative, unless otherwise
409    specified.
410          (13)(14)"Limited lines insurance" means those categories
411    of business specified in ss. 626.321 and 635.011.
412          (14)(15)"Line of authority" means a kind, line, or class
413    of insurance an agent is authorized to transact.
414          (15)(16)(a) "Managing general agent" means any person
415    managing all or part of the insurance business of an insurer,
416    including the management of a separate division, department, or
417    underwriting office, and acting as an agent for that insurer,
418    whether known as a managing general agent, manager, or other
419    similar term, who, with or without authority, separately or
420    together with affiliates, produces directly or indirectly, or
421    underwrites an amount of gross direct written premium equal to
422    or more than 5 percent of the policyholder surplus as reported
423    in the last annual statement of the insurer in any single
424    quarter or year and also does one or more of the following:
425          1. Adjusts or pays claims.
426          2. Negotiates reinsurance on behalf of the insurer.
427          (b) The following persons shall not be considered managing
428    general agents:
429          1. An employee of the insurer.
430          2. A United States manager of the United States branch of
431    an alien insurer.
432          3. An underwriting manager managing all the insurance
433    operations of the insurer pursuant to a contract, who is under
434    the common control of the insurer subject to regulation under
435    ss. 628.801-628.803, and whose compensation is not based on the
436    volume of premiums written.
437          4. Administrators as defined by s. 626.88.
438          5. The attorney in fact authorized by and acting for the
439    subscribers of a reciprocal insurer under powers of attorney.
440          (16)(17)"Resident" means an individual domiciled and
441    residing in this state.
442          (17)(18)"Service representative" means an individual
443    employed by an insurer or managing general agent for the purpose
444    of assisting a general lines agent in negotiating and effecting
445    insurance contracts when accompanied by a licensed general lines
446    agent. A service representative shall not be simultaneously
447    licensed as a general lines agent in this state. This subsection
448    does not apply to life insurance.
449          (18)(19)"Uniform application" means the uniform
450    application of the National Association of Insurance
451    Commissioners for nonresident agent licensing, effective January
452    15, 2001, or subsequent versions adopted by rule by the
453    department.
454          Section 14. Subsection (1) of section 626.022, Florida
455    Statutes, is amended to read:
456          626.022 Scope of part.--
457          (1) This part applies as to insurance agents, solicitors,
458    service representatives, adjusters, and insurance agencies; as
459    to any and all kinds of insurance; and as to stock insurers,
460    mutual insurers, reciprocal insurers, and all other types of
461    insurers, except that:
462          (a) It does not apply as to reinsurance, except that ss.
463    626.011-626.031, ss. 626.102-626.181, ss. 626.191-626.211, ss.
464    626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541-
465    626.591, and ss. 626.601-626.711 shall apply as to reinsurance
466    intermediaries as defined in s. 626.7492.
467          (b) The applicability of this chapter as to fraternal
468    benefit societies shall be as provided in chapter 632.
469          (c) It does not apply to a bail bond agent, as defined in
470    s. 648.25, except as provided in chapter 648 or chapter 903.
471          (d) This part does not apply to a certified public
472    accountant licensed under chapter 473 who is acting within the
473    scope of the practice of public accounting, as defined in s.
474    473.302, provided that the activities of the certified public
475    accountant are limited to advising a client of the necessity of
476    obtaining insurance, the amount of insurance needed, or the line
477    of coverage needed, and provided that the certified public
478    accountant does not directly or indirectly receive or share in
479    any commission or, referral fee, or solicitor's fee.
480          Section 15. Paragraph (a) of subsection (7) of section
481    626.112, Florida Statutes, is amended to read:
482          626.112 License and appointment required; agents, customer
483    representatives, adjusters, insurance agencies, service
484    representatives, managing general agents.--
485          (7)(a) No individual, firm, partnership, corporation,
486    association, or any other entity shall act in its own name or
487    under a trade name, directly or indirectly, as an insurance
488    agency, when required to be licensed by this subsection, unless
489    it complies with s. 626.172 with respect to possessing an
490    insurance agency license for each place of business at which it
491    engages in any activity which may be performed only by a
492    licensed insurance agent or solicitor.
493          Section 16. Paragraph (a) of subsection (2) and subsection
494    (5) of section 626.171, Florida Statutes, are amended to read:
495          626.171 Application for license.--
496          (2) In the application, the applicant shall set forth:
497          (a) His or her full name, age, social security number,
498    residence address, and place of business address, and mailing
499    address.
500          (5) An application for a license as an agent, customer
501    representative, adjuster, insurance agency, service
502    representative, managing general agent, or reinsurance
503    intermediary must be accompanied by a set of the individual
504    applicant's fingerprints, or, if the applicant is not an
505    individual, by a set of the fingerprints of the sole proprietor,
506    majority owner, partners, officers, and directors, on a form
507    adopted by rule of the department and accompanied by the
508    fingerprint processing fee set forth in s. 624.501. Fingerprints
509    shall be used to investigate the applicant's qualifications
510    pursuant to s. 626.201. The fingerprints shall be taken
511    certified by a law enforcement agency or other department-
512    approved entityofficer.
513          Section 17. Subsection (1) of section 626.175, Florida
514    Statutes, is amended to read:
515          626.175 Temporary licensing.--
516          (1) The department may issue a nonrenewable temporary
517    license for a period not to exceed 6 months authorizing
518    appointment of a general lines insurance agent or a life agent,
519    or an industrial fire or burglary agent, subject to the
520    conditions described in this section. The fees paid for a
521    temporary license and appointment shall be as specified in s.
522    624.501. Fees paid shall not be refunded after a temporary
523    license has been issued.
524          (a) An applicant for a temporary license must be:
525          1. A natural person at least 18 years of age.
526          2. A United States citizen or legal alien who possesses
527    work authorization from the United States Immigration and
528    Naturalization Service.
529          (b)(a)1. In the case of a general lines agent, the
530    department may issue a temporary license to an employee, a
531    family member, a business associate, or a personal
532    representative of a licensed general lines agent for the purpose
533    of continuing or winding up the business affairs of the agent or
534    agency in the event the licensed agent has died or become unable
535    to perform his or her duties because of military service or
536    illness or other physical or mental disability, subject to the
537    following conditions:
538          a. No other individual connected with the agent's business
539    may be licensed as a general lines agent.
540          b. The proposed temporary licensee shall be qualified for
541    a regular general lines agent license under this code except as
542    to residence, examination, education, or experience.
543          c. Application for the temporary license shall have been
544    made by the applicant upon statements and affidavit filed with
545    the department on forms prescribed and furnished by the
546    department.
547          d. Under a temporary license and appointment, the licensee
548    shall not represent any insurer not last represented by the
549    agent being replaced and shall not be licensed or appointed as
550    to any additional kind, line, or class of insurance other than
551    those covered by the last existing agency appointments of the
552    replaced agent. If an insurer withdraws from the agency during
553    the temporary license period, the temporary licensee may be
554    appointed by another similar insurer but only for the period
555    remaining under the temporary license.
556          2. A regular general lines agent license may be issued to
557    a temporary licensee upon meeting the qualifications for a
558    general lines agent license under s. 626.731.
559          (c)(b)In the case of a life agent, the department may
560    issue a temporary license:
561          1. To the executor or administrator of the estate of a
562    deceased individual licensed and appointed as a life agent at
563    the time of death;
564          2. To a surviving next of kin of the deceased individual,
565    if no administrator or executor has been appointed and
566    qualified; however, any license and appointment under this
567    subparagraph shall be canceled upon issuance of a license to an
568    executor or administrator under subparagraph 1.; or
569          3. To an individual otherwise qualified to be licensed as
570    an agent who has completed the educational or training
571    requirements prescribed in s. 626.7851 and has successfully sat
572    for the required examination prior to termination of such 6-
573    month period. The department may issue this temporary license
574    only in the case of a life agent to represent an insurer of the
575    industrial or ordinary-combination class.
576          (d)(c)In the case of a limited license authorizing
577    appointment as an industrial fire or burglary agent, the
578    department may issue a temporary license to an individual
579    otherwise qualified to be licensed as an agent who has completed
580    the educational or training requirements prescribed in s.
581    626.732 and has successfully sat for the required examination
582    prior to termination of the 6-month period.
583          Section 18. Section 626.202, Florida Statutes, is amended
584    to read:
585          626.202 Fingerprinting requirements.--If there is a change
586    in ownership or control of any entity licensed under this
587    chapter, or if a new partner, officer, or director is employed
588    or appointed, a set of fingerprints of the new owner, partner,
589    officer, or director must be filed with the department within 30
590    days after the change. The acquisition of 10 percent or more of
591    the voting securities of a licensed entity is considered a
592    change of ownership or control. The fingerprints must be taken
593    certified by a law enforcement agency or other department-
594    approved entityofficerand be accompanied by the fingerprint
595    processing fee in s. 624.501.
596          Section 19. Section 626.201, Florida Statutes, is amended
597    to read:
598          626.201 Investigation.--
599          (1)The department may propound any reasonable
600    interrogatories in addition to those contained in the
601    application, to any applicant for license or appointment, or on
602    any renewal, reinstatement, or continuation thereof, relating to
603    his or her qualifications, residence, prospective place of
604    business, and any other matter which, in the opinion of the
605    department, is deemed necessary or advisable for the protection
606    of the public and to ascertain the applicant's qualifications.
607          (2)The department may, upon completion of the
608    application, make such further investigation as it may deem
609    advisable of the applicant's character, experience, background,
610    and fitness for the license or appointment. Such an inquiry or
611    investigation shall be in addition to any examination required
612    to be taken by the applicant as hereinafter in this chapter
613    provided.
614          (3) An inquiry or investigation of the applicant's
615    qualifications, character, experience, background, and fitness
616    must include submission of the applicant's fingerprints to the
617    Department of Law Enforcement and the Federal Bureau of
618    Investigation and consideration of any state criminal records,
619    federal criminal records, or local criminal records obtained
620    from these agencies or from local law enforcement agencies.
621          Section 20. Paragraphs (e), (f), (g), and (k) of
622    subsection (2) of section 626.221, Florida Statutes, are amended
623    to read:
624          626.221 Examination requirement; exemptions.--
625          (2) However, no such examination shall be necessary in any
626    of the following cases:
627          (e) An individual who qualified as a managing general
628    agent, service representative, customer representative, or all-
629    lines adjuster by passing a general lines agent's examination
630    and subsequently was licensed and appointed and has been
631    actively engaged in all lines of property and casualty insurance
632    may, upon filing an application for appointment, be licensed and
633    appointed as a general lines agent for the same kinds of
634    business without taking another examination if he or she holds
635    any such currently effective license referred to in this
636    paragraph or held the license within 4824months prior to the
637    date of filing the application with the department.
638          (f) A person who has been licensed and appointed by the
639    department as a public adjuster or independent adjuster, or
640    licensed and appointed either as an agent or company adjuster as
641    to all property, casualty, and surety insurances, may be
642    licensed and appointed as a company adjuster as to any of such
643    insurances, or as an independent adjuster or public adjuster,
644    without additional written examination if an application for
645    appointment is filed with the department within 4824months
646    following the date of cancellation or expiration of the prior
647    appointment.
648          (g) A person who has been licensed by the department as an
649    adjuster for motor vehicle, property and casualty, workers'
650    compensation, and health insurance may be licensed as such an
651    adjuster without additional written examination if his or her
652    application for appointment is filed with the department within
653    4824months after cancellation or expiration of the prior
654    license.
655          (k) An applicant for license as a customer representative
656    who has the designation of Accredited Advisor in Insurance (AAI)
657    from the Insurance Institute of America, the designation of
658    Certified Insurance Counselor (CIC) from the Society of
659    Certified Insurance Service Counselors, the designation of
660    Accredited Customer Service Representative (ACSR) from the
661    Independent Insurance Agents of America, the designation of
662    Certified Professional Service Representative (CPSR) from the
663    National Foundation for Certified Professional Service
664    RepresentativesAssociation of Professional Insurance Agents,
665    the designation of Certified Insurance Service Representative
666    (CISR) from the Society of Certified Insurance Service
667    Representatives. Also, an applicant for license as a customer
668    representative who has the designation of Certified Customer
669    Service Representative (CCSR) from the Florida Association of
670    Insurance Agents, or the designation of Registered Customer
671    Service Representative (RCSR) from a regionally accredited
672    postsecondary institution in this state, or the designation of
673    Professional Customer Service Representative (PCSR) from the
674    Professional Career Institute, whose curriculum has been
675    approved by the department and whose curriculum includes
676    comprehensive analysis of basic property and casualty lines of
677    insurance and testing at least equal to that of standard
678    department testing for the customer representative license. The
679    department shall adopt rules establishing standards for the
680    approval of curriculum.
681          Section 21. Paragraphs (a), (c), and (d) of subsection
682    (3), paragraphs (a), (b), (c), (d),(g), (h), and (i) of
683    subsection (4), and paragraph (b) of subsection (6) of section
684    626.2815, Florida Statutes, are amended to read:
685          626.2815 Continuing education required; application;
686    exceptions; requirements; penalties.--
687          (3)(a) Each person subject to the provisions of this
688    section must, except as set forth in paragraphs (b) and (c),
689    complete a minimum of 2428hours of continuing education
690    courses every 2 years in basic or higher-level courses
691    prescribed by this section or in other courses approved by the
692    department. Each person subject to the provisions of this
693    section must complete, as part of his or hertheirrequired
694    number of continuing education hours, 3 hours of continuing
695    education, approved by the department, every 2 years on the
696    subject matter of ethics anda minimum of 2 hours of continuing
697    education, approved by the department, every 2 years on the
698    subject matter of unauthorized entities engaging in the business
699    of insurance. The scope of the topic of unauthorized entities
700    shall include the Florida Nonprofit Multiple Employer Welfare
701    Arrangement Act and the Employee Retirement Income Security Act,
702    29 U.S.C. ss. 1001 et seq., as it relates to the provision of
703    health insurance by employers to their employees and the
704    regulation thereof.
705          (c) A licensee who has been licensed for 25 years or more
706    and is a CLU or a CPCU or has a Bachelor of Science degree in
707    risk management or insurance with evidence of 18 or more
708    semester hours in upper-level insurance-related courses must
709    complete 1214hours of continuing education courses every 2
710    years in courses prescribed by this section or in other courses
711    approved by the department, except, for compliance periods
712    beginning January 1, 1998, the licensees described in this
713    paragraph shall be required to complete 10 hours of continuing
714    education courses every 2 years.
715          (d) Any person who holds a license as a customer
716    representative, limited customer representative, administrative
717    agent,title agent, motor vehicle physical damage and mechanical
718    breakdown insurance agent, crop or hail and multiple-peril crop
719    insurance agent, or as an industrial fire insurance or burglary
720    insurance agent and who is not a licensed life or health
721    insurance agent, shall be required to complete 1214hours of
722    continuing education courses every 2 years, except, for
723    compliance periods beginning on January 1, 1998, each licensee
724    subject to this paragraph shall be required to complete 10 hours
725    of continuing education courses every 2 years.
726          (4) The following courses may be completed in order to
727    meet the continuing education course requirements:
728          (a) Any part of the Life Underwriter Training Council Life
729    Course Curriculum: 2428 hours; Health Course: 1214hours.
730          (b) Any part of the American College "CLU" diploma
731    curriculum: 2428hours.
732          (c) Any part of the Insurance Institute of America's
733    program in general insurance: 1214hours.
734          (d) Any part of the American Institute for Property and
735    Liability Underwriters' Chartered Property Casualty Underwriter
736    (CPCU) professional designation program: 2428hours.
737          (g) In the case of title agents, completion of the
738    Certified Land Closer(CLC) professional designation program and
739    receipt of the designation: 2428hours.
740          (h) In the case of title agents, completion of the
741    Certified Land Searcher(CLS) professional designation program
742    and receipt of the designation: 2428hours.
743          (i) Any insurance-related course which is approved by the
744    department and taught by an accredited college or university per
745    credit hour granted: 1214hours.
746          (6)
747          (b) The board members shall be appointed as follows:
748          1. Seven members representing agents of which at least one
749    must be a representative from each of the following
750    organizations: the Florida Association of Insurance Agents; the
751    Florida Association of Insurance and Financial AdvisorsLife
752    Underwriters; the Professional Insurance Agents of Florida,
753    Inc.; the Florida Association of Health Underwriters; the
754    Specialty Agents' Association; the Latin American Agents'
755    Association; and the National Association of Insurance Women.
756    Such board members must possess at least a bachelor's degree or
757    higher from an accredited college or university with major
758    coursework in insurance, risk management, or education or
759    possess the designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In
760    addition, each member must possess 5 years of classroom
761    instruction experience or 5 years of experience in the
762    development or design of educational programs or 10 years of
763    experience as a licensed resident agent. Each organization may
764    submit to the department a list of recommendations for
765    appointment. If one organization does not submit a list of
766    recommendations, the Insurance Commissioner may select more than
767    one recommended person from a list submitted by other eligible
768    organizations.
769          2. Two members representing insurance companies at least
770    one of whom must represent a Florida Domestic Company and one of
771    whom must represent the Florida Insurance Council. Such board
772    members must be employed within the training department of the
773    insurance company. At least one such member must be a member of
774    the Society of Insurance Trainers and Educators.
775          3. One member representing the general public who is not
776    directly employed in the insurance industry. Such board member
777    must possess a minimum of a bachelor's degree or higher from an
778    accredited college or university with major coursework in
779    insurance, risk management, training, or education.
780          4. One member, appointed by the Insurance Commissioner,
781    who represents the department.
782          Section 22. Section 626.2816, Florida Statutes, is amended
783    to read:
784          626.2816 Regulation of continuing education for licensees,
785    course providers, instructors, school officials, and monitor
786    groups.--
787          (1) Continuing education course providers, instructors,
788    school officials, and monitor groups must be approved by the
789    department before offering continuing education courses pursuant
790    to s. 626.2815 or s. 626.869.
791          (2) The department shall adopt rules establishing
792    standards for the approval, regulation, and operation of the
793    continuing education programs and for the discipline of
794    licensees, course providers, instructors, school officials, and
795    monitor groups. The standards must be designed to ensure that
796    such course providers, instructors, school officials, and
797    monitor groups have the knowledge, competence, and integrity to
798    fulfill the educational objectives of ss. 626.2815, 626.869(5),
799    648.385, and 648.386.
800          (3) The department shall adopt rules establishing a
801    process by which compliance with the continuing education
802    requirements of ss. 626.2815, 626.869(5), 648.385, and 648.386
803    can be determined, the establishment of a continuing education
804    compliance periodrequirement cyclefor licensees, and forms
805    necessary to implement such a process.
806          Section 23. Subsection (3) of section 626.2817, Florida
807    Statutes, is amended to read:
808          626.2817 Regulation of course providers, instructors,
809    school officials, and monitor groups involved in prelicensure
810    education for insurance agents and other licensees.--
811          (3) The department shall adopt rules to establish a
812    process for determining compliance with the prelicensure
813    requirements of this chapter and chapter 648 and shall establish
814    a prelicensure cycle for insurance agents and other licensees.
815    The department shall adopt rules prescribing the forms necessary
816    to administer the prelicensure requirements.
817          Section 24. Subsections (5) and (6) are added to section
818    626.311, Florida Statutes, to read:
819          626.311 Scope of license.--
820          (5) At any time while a license is in force, an insurer
821    may apply to the department on behalf of the licensee for an
822    appointment. Upon receipt of the appointment application and
823    appointment taxes and fees, the department may issue the
824    additional appointment without further investigation concerning
825    the applicant.
826          (6) The department may contract with other persons to
827    administer the appointment process.
828          Section 25. Paragraphs (a) and (e) of subsection (1) and
829    subsections (2) and (3) of section 626.321, Florida Statutes,
830    are amended to read:
831          626.321 Limited licenses.--
832          (1) The department shall issue to a qualified individual,
833    or a qualified individual or entity under paragraphs (c), (d),
834    (e), and (i), a license as agent authorized to transact a
835    limited class of business in any of the following categories:
836          (a) Motor vehicle physical damage and mechanical breakdown
837    insurance.--License covering insurance against only the loss of
838    or damage to any motor vehicle which is designed for use upon a
839    highway, including trailers and semitrailers designed for use
840    with such vehicles. Such license also covers insurance against
841    the failure of an original or replacement part to perform any
842    function for which it was designed. The applicant for such a
843    license shall pass a written examination covering motor vehicle
844    physical damage insurance and mechanical breakdown insurance.
845    No individual while so licensed shall hold a license as an agent
846    or solicitoras to any other or additional kind or class of
847    insurance coverage except as to a limited license for credit
848    life and disability insurances as provided in paragraph(e).
849          (e) Credit life or disability insurance.--License covering
850    only credit life or disability insurance. The license may be
851    issued only to an individual employed by a life or health
852    insurer as an officer or other salaried or commissioned
853    representative, to an individual employed by or associated with
854    a lending or financial institution or creditor, or to a lending
855    or financial institution or creditor, and may authorize the sale
856    of such insurance only with respect to borrowers or debtors of
857    such lending or financing institution or creditor. However,
858    only the individual or entity whose tax identification number is
859    used in receiving or is credited with receiving the commission
860    from the sale of such insurance shall be the licensed agent of
861    the insurer. No individual while so licensed shall hold a
862    license as an agent or solicitoras to any other or additional
863    kind or class of life or health insurance coverage. An entity
864    holding a limited license under this paragraph is also
865    authorized to sell credit insurance and credit property
866    insurance. An entity applying for a license under this section:
867          1. Is required to submit only one application for a
868    license under s. 626.171. The requirements of s. 626.171(5)
869    shall only apply to the officers and directors of the entity
870    submitting the application.
871          2. Is required to obtain a license for each office, branch
872    office, or place of business making use of the entity's business
873    name by applying to the department for the license on a
874    simplified form developed by rule of the department for this
875    purpose.
876          3. Is not required to pay any additional application fees
877    for a license issued to the offices or places of business
878    referenced in subsection(2), but is required to pay the license
879    fee as prescribed in s. 624.501, be appointed under s. 626.112,
880    and pay the prescribed appointment fee under s. 624.501. The
881    license obtained under this paragraph shall be posted at the
882    business location for which it was issued so as to be readily
883    visible to prospective purchasers of such coverage.
884          (2) An entity applying for a license under this section is
885    required to:
886          (a) Submit only one application for a license under s.
887    626.171. The requirements of s. 626.171(5) shall only apply to
888    the officers and directors of the entity submitting the
889    application.
890          (b) Obtain a license for each office, branch office, or
891    place of business making use of the entity's business name by
892    applying to the department for the license on a simplified
893    application form developed by rule of the department for this
894    purpose.
895          (c) Pay the applicable fees for a license as prescribed in
896    s. 624.501, be appointed under s. 626.112, and pay the
897    prescribed appointment fee under s. 624.501. A licensed and
898    appointed entity shall be directly responsible and accountable
899    for all acts of the licensee's employees.
900          (3)(2)The limitations of any license issued under this
901    section shall be expressed therein. The licensee shall have a
902    separate and additional appointment as to each insurer
903    represented.
904          (4)(3)Except as otherwise expressly provided, an
905    individual applying for or holding a limited license shall be
906    subject to the same applicable requirements and responsibilities
907    as apply to general lines agents in general, if licensed as to
908    motor vehicle physical damage and mechanical breakdown
909    insurance, credit property insurance, industrial fire insurance
910    or burglary insurance, in-transit and storage personal property
911    insurance, communications equipment property insurance or
912    communications equipment inland marine insurance, baggage and
913    motor vehicle excess liability insurance, or credit insurance;
914    or as apply to life agents or health agents in general, as the
915    case may be, if licensed as to personal accident insurance or
916    credit life or credit disability insurance.
917          Section 26. Section 626.322, Florida Statutes, is amended
918    to read:
919          626.322 License, appointment; certain military
920    installations.--A natural person, not a resident of this state,
921    may be licensed and appointed to represent an authorized life
922    insurer domiciled in this state or an authorized foreign life
923    insurer which maintains a regional home office in this state,
924    provided such person represents such insurer exclusively at a
925    United States military installation located in a foreign
926    country. The department may, upon request of the applicant and
927    the insurer on application forms furnished by the department and
928    upon payment of fees as prescribed in s. 624.501, issue a
929    license and appointment to such person. By authorizing the
930    effectuation of an appointment for a license, the insurer is
931    thereby certifyingshall certifyto the department that the
932    applicant has the necessary training to hold himself or herself
933    out as a life insurance representative, and the insurer shall
934    further certify that it is willing to be bound by the acts of
935    such applicant within the scope of his or her employment.
936    Appointments shall be continued as prescribed in s. 626.381 and
937    upon payment of a fee as prescribed in s. 624.501, unless sooner
938    terminated. Such fees received shall be credited to the
939    Insurance Commissioner's Regulatory Trust Fund as provided for
940    in s. 624.523.
941          Section 27. Section 626.341, Florida Statutes, is amended
942    to read:
943          626.341 Additional appointments; general lines, life, and
944    health agents.--
945          (1) At any time while a licensee's license is in force, an
946    insurer may apply to the department or person designated by the
947    department to administer the appointment processon behalf of a
948    licensee for an additional appointment as general lines agent or
949    life or health agent for an additional insurer or insurers. The
950    application for appointment shall set forth all information the
951    department may require. Upon receipt of the appointment and
952    payment of the applicable appointment taxes and fees, the
953    department may issue the additional appointment without, in its
954    discretion, further investigation concerning the applicant.
955          (2) A life or health agent with an appointment in force
956    may solicit applications for policies of insurance on behalf of
957    an insurer with respect to which he or she is not an appointed
958    life or health agent, unless otherwise provided by contract, if
959    such agent simultaneously with the submission to such insurer of
960    the application for insurance solicited by him or her requests
961    the insurer to appoint him or her as agent. However, no
962    commissions shall be paid by such insurer to the agent until
963    such time as an additional appointment with respect to such
964    insurer has been received by the department or person designated
965    by the department to administer the appointment processpursuant
966    to the provisions of subsection (1).
967          Section 28. Section 626.371, Florida Statutes, is amended
968    to read:
969          626.371 Payment of fees, taxes for appointment period
970    without appointment.--
971          (1) All initial appointments shall be submitted to the
972    department on a monthly basis no later than 45 days after the
973    date of appointment and become effective on the date requested
974    on the appointment form.
975          (2) If, upon application and qualification for an initial
976    or renewalappointment and such investigation as the department
977    may make, it appears to the department that an individual who
978    was formerly licensed or is currently licensed but not properly
979    appointed to represent an insurer or employer and whohas been
980    actively engaged or is currently actively engaged as such an
981    appointee, but without being appointed as required, the
982    department may, if it finds that such failure to be appointed
983    was an inadvertent error on the part of the insurer or employer
984    so represented, nevertheless issue or authorize the issuance of
985    the appointment as applied for but subject to the condition
986    that, before the appointment is issued, all fees and taxes which
987    would have been due had the applicant been so appointed during
988    such current and prior periods, together with applicable fees
989    pursuant to s. 624.501a continuation feefor such current and
990    prior periodstermsof appointment, shall be paid to the
991    department.
992          (3)(a) Failure to notify the department within the
993    required time period shall result in the appointing entity being
994    assessed a delinquent fee of $250 per appointee. Delinquent fees
995    shall be paid by the appointing entity and may not be charged to
996    the appointee.
997          (b) Failure to timely renew an appointment by an
998    appointing entity prior to the expiration date of the
999    appointment shall result in the appointing entity being assessed
1000    late filling, continuation, and reinstatement fees as prescribed
1001    in s. 624.501. Such fees must be paid by the appointing entity
1002    and cannot be charged back to the appointee.
1003          Section 29. Subsections (3) and (4) of section 626.381,
1004    Florida Statutes, are amended and a new subsection (7) is added
1005    to that section to read:
1006          626.381 Renewal, continuation, reinstatement, or
1007    termination of appointment.--
1008          (3) Renewal of an appointment which is received on a date
1009    set forth by the department or person designated by the
1010    department to administer the appointment process prior to the
1011    expiration of an appointment in the licensee's birth month or
1012    license issue date, whichever applies,in the succeeding month
1013    may be renewed by the department without penalty and shall be
1014    effective as of the first day of the month succeeding the month
1015    in whichthe appointment would have expired.
1016          (4) Renewal of an appointment which is received by the
1017    department or person designated by the department to administer
1018    the appointment process after the renewal date set by the
1019    departmentmay be accepted and effectuated by the department in
1020    its discretion if thean additional appointment, late filing,
1021    continuation, and reinstatement fee accompanies the renewal
1022    request pursuant to s. 624.501. Late filing fees shall be paid
1023    by the appointing entity and may not be charged to the
1024    appointee.
1025          (7) The department may adopt rules to implement this
1026    section.
1027          Section 30. Subsections (1), (2), and (3) of section
1028    626.451, Florida Statutes, are amended, and subsection (7) is
1029    added to that section, to read:
1030          626.451 Appointment of agent or other representative.--
1031          (1) Each appointing entity or person designated by the
1032    department to administer the appointment processappointing an
1033    agent, adjuster, service representative, customer
1034    representative, or managing general agent in this state shall
1035    file the appointment with the department and, at the same time,
1036    pay the applicable appointment fee and taxes. Every appointment
1037    shall be subject to the prior issuance of the appropriate
1038    agent's, adjuster's, service representative's, customer
1039    representative's, or managing general agent's license.
1040          (2) By authorizing the effectuation of an appointment for
1041    a licensee, the appointing entity is thereby certifying to the
1042    department that an investigation of the licensee has been made
1043    As a part of each appointment there shall be a certified
1044    statement or affidavit of an appropriate officer or official of
1045    the appointing entity stating what investigation the appointing
1046    entity has made concerning the proposed appointee and his or her
1047    background and that in the appointing entity's opinion andto
1048    the best of its knowledge and belief, the licensee is of goodas
1049    to the moral character and reputation, and is fit to engage in
1050    the insurance business. The appointing entity shall provide to
1051    the departmentfitness, and reputation of the proposed appointee
1052    andany other information the department may reasonably require
1053    relative to the proposed appointee.
1054          (3) By authorizing the effectuation ofInthe appointment
1055    of an agent, adjuster, service representative, customer
1056    representative, or managing general agent the appointing entity
1057    is thereby certifying to the departmentshall also certify
1058    thereinthat it is willing to be bound by the acts of the agent,
1059    adjuster, service representative, customer representative, or
1060    managing general agent, within the scope of the licensee'shis
1061    or heremployment.
1062          (7) Each licensee shall advise the department in writing
1063    within 30 days after having been found guilty of or having
1064    pleaded guilty or nolo contendere to a felony or a crime
1065    punishable by imprisonment of 1 year or more under the laws of
1066    the United States, any state of the United States, or any other
1067    country, without regard to whether a judgment of conviction has
1068    been entered by the court having jurisdiction of such cases.
1069          Section 31. Section 626.461, Florida Statutes, is amended
1070    to read:
1071          626.461 Continuation of appointment of agent or other
1072    representative.--Subject to renewal or continuation by the
1073    appointing entity, the appointment of the agent, adjuster,
1074    solicitor,service representative, customer representative, or
1075    managing general agent shall continue in effect until the
1076    person's license is revoked or otherwise terminated, unless
1077    written notice of earlier termination of the appointment is
1078    filed with the department or person designated by the department
1079    to administer the appointment processby either the appointing
1080    entity or the appointee.
1081          Section 32. Subsections (4) and (5) of section 626.471,
1082    Florida Statutes, are amended to read:
1083          626.471 Termination of appointment.--
1084          (4) An appointee may terminate the appointment at any time
1085    by giving written or electronicnotice thereof to the appointing
1086    entity,and filing a copy of the notice with the department, or
1087    person designated by the department to administer the
1088    appointment process. The department shall immediately terminate
1089    the appointment and notify the appointing entity of such
1090    termination. Such termination shall be subject to the
1091    appointee's contract rights, if any.
1092          (5) Upon receiving notice of termination, the department
1093    or person designated by the department to administer the
1094    appointment processshall terminate the appointment.
1095          Section 33. Subsection (5) of section 626.601, Florida
1096    Statutes, is amended to read:
1097          626.601 Improper conduct; inquiry; fingerprinting.--
1098          (5) If the department, after investigation, has reason to
1099    believe that a licensee may have been found guilty of or pleaded
1100    guilty or nolo contendere to a felony or a crime related to the
1101    business of insurance in this or any other state or
1102    jurisdiction, the department may require the licensee to file
1103    with the department a complete set of his or her fingerprints,
1104    which shall be accompanied by the fingerprint processing fee set
1105    forth in s. 624.501. The fingerprints shall be takencertified
1106    by an authorized law enforcement agency or other department-
1107    approved entityofficer.
1108          Section 34. Paragraph (b) of subsection (1) of section
1109    626.731, Florida Statutes, is amended to read:
1110          626.731 Qualifications for general lines agent's
1111          license.--
1112          (1) The department shall not grant or issue a license as
1113    general lines agent to any individual found by it to be
1114    untrustworthy or incompetent or who does not meet each of the
1115    following qualifications:
1116          (b) The applicant is a United States citizen or legal
1117    alien who possesses work authorization from the United States
1118    Immigration and Naturalization Service and isa bona fide
1119    resident of this state. An individual who is a bona fide
1120    resident of this state shall be deemed to meet the residence
1121    requirement of this paragraph, notwithstanding the existence at
1122    the time of application for license of a license in his or her
1123    name on the records of another state as a resident licensee of
1124    such other state, if the applicant furnishes a letter of
1125    clearance satisfactory to the department that the resident
1126    licenses have been canceled or changed to a nonresident basis
1127    and that he or she is in good standing.
1128          Section 35. Subsection (2) of section 626.7315, Florida
1129    Statutes, is amended to read:
1130          626.7315 Prohibition against the unlicensed transaction of
1131    general lines insurance.--With respect to any line of authority
1132    as defined in s. 626.015(7), no individual shall, unless
1133    licensed as a general lines agent:
1134          (2) In this state, receive or issue a receipt for any
1135    money on account of or for any insurer, or receive or issue a
1136    receipt for money from other persons to be transmitted to any
1137    insurer for a policy, contract, or certificate of insurance or
1138    any renewal thereof, even though the policy, certificate, or
1139    contract is not signed by him or her as agent or representative
1140    of the insurer, except as provided in s. 626.0428(1);
1141          Section 36. Paragraphs (a), (b), and (d) of subsection (1)
1142    of section 626.732, Florida Statutes, are amended to read:
1143          626.732 Requirement as to knowledge, experience, or
1144    instruction.--
1145          (1) Except as provided in subsection (3), no applicant for
1146    a license as a general lines agent, except for a chartered
1147    property and casualty underwriter(CPCU), other than as to a
1148    limited license as to baggage and motor vehicle excess liability
1149    insurance, credit property insurance, credit insurance, in-
1150    transit and storage personal property insurance, or
1151    communications equipment property insurance or communication
1152    equipment inland marine insurance, shall be qualified or
1153    licensed unless within the 4 years immediately preceding the
1154    date the application for license is filed with the department
1155    the applicant has:
1156          (a) Taught or successfully completed classroom courses in
1157    insurance, 3 hours of which shall be on the subject matter of
1158    ethics,satisfactory to the department at a school, college, or
1159    extension division thereof, approved by the department;
1160          (b) Completed a correspondence course in insurance, 3
1161    hours of which shall be on the subject matter of ethics,
1162    satisfactory to the department and regularly offered by
1163    accredited institutions of higher learning in this state and,
1164    except if he or she is applying for a limited license under s.
1165    626.321, has had at least 6 months of responsible insurance
1166    duties as a substantially full-time bona fide employee in all
1167    lines of property and casualty insurance set forth in the
1168    definition of general lines agent under s. 626.015;
1169          (d)1. Completed at least 1 year of responsible insurance
1170    duties as a licensed and appointed customer representative or
1171    limited customer representative in eithercommercial or personal
1172    lines of property and casualty insurance and 40 hours of
1173    classroom courses approved by the department covering the areas
1174    of property, casualty, surety, health, and marine insurance; or
1175          2. Completed at least 1 year of responsible insurance
1176    duties as a licensed and appointed service representative in
1177    either commercial or personal lines of property and casualty
1178    insurance and 80 hours of classroom courses approved by the
1179    department covering the areas of property, casualty, surety,
1180    health, and marine insurance.
1181          Section 37. Section 626.733, Florida Statutes, is amended
1182    to read:
1183          626.733 Agency firms and corporations; special
1184    requirements.--If a sole proprietorship, partnership,
1185    corporation, or association holds an agency contract, all
1186    members thereof who solicit, negotiate, or effect insurance
1187    contracts, and all officers and stockholders of the corporation
1188    who solicit, negotiate, or effect insurance contracts, are
1189    required to qualify and be licensed individually as agents,
1190    solicitors,or customer representatives; and all of such agents
1191    must be individually appointed as to each property and casualty
1192    insurer entering into an agency contract with such agency. Each
1193    such appointing insurer as soon as known to it shall comply with
1194    this section and shall determine and require that each agent so
1195    associated in or so connected with such agency is likewise
1196    appointed as to the same such insurer and for the same type and
1197    class of license. However, no insurer is required to comply with
1198    the provisions of this section if such insurer satisfactorily
1199    demonstrates to the department that the insurer has issued an
1200    aggregate net written premium, in an agency, in an amount of
1201    $25,000 or less.
1202          Section 38. Paragraph (a) of subsection (2) and subsection
1203    (3) of section 626.7351, Florida Statutes, are amended to read:
1204          626.7351 Qualifications for customer representative's
1205    license.--The department shall not grant or issue a license as
1206    customer representative to any individual found by it to be
1207    untrustworthy or incompetent, or who does not meet each of the
1208    following qualifications:
1209          (2)(a) The applicant is a United States citizen or legal
1210    alien who possesses work authorization from the United States
1211    Immigration and Naturalization Service and isa bona fide
1212    resident of this state and will actually reside in the state at
1213    least 6 months out of the year. An individual who is a bona fide
1214    resident of this state shall be deemed to meet the residence
1215    requirements of this subsection, notwithstanding the existence
1216    at the time of application for license of a license in his or
1217    her name on the records of another state as a resident licensee
1218    of the other state, if the applicant furnishes a letter of
1219    clearance satisfactory to the department that the resident
1220    licenses have been canceled or changed to a nonresident basis
1221    and that he or she is in good standing.
1222          (3) Within the 2 years next preceding the date the
1223    application for license was filed with the department, the
1224    applicant has completed a course in insurance, 3 hours of which
1225    shall be on the subject matter of ethics,approved by the
1226    department or has had at least 6 months' experience in
1227    responsible insurance duties as a substantially full-time
1228    employee. Courses must include instruction on the subject matter
1229    of unauthorized entities engaging in the business of insurance.
1230    The scope of the topic of unauthorized entities shall include
1231    the Florida Nonprofit Multiple-Employer Welfare Arrangement Act
1232    and the Employee Retirement Income Security Act, 29 U.S.C. ss.
1233    1001 et seq., as such acts relate to the provision of health
1234    insurance by employers and the regulation of such insurance.
1235          Section 39. Subsection (2) of section 626.7354, Florida
1236    Statutes, is amended to read:
1237          626.7354 Customer representative's powers; agent's or
1238    agency's responsibility.--
1239          (2) A customer representative may engage in transacting
1240    insurance with customers who have been solicited by any agent,
1241    solicitor,or customer representative in the same agency, and
1242    may engage in transacting insurance with customers who have not
1243    been so solicited to the extent and under conditions that are
1244    otherwise consistent with this part and with the insurer's
1245    contract with the agent appointing him or her.
1246          Section 40. Paragraph (c) of subsection (1) of section
1247    626.7355, Florida Statutes, is amended to read:
1248          626.7355 Temporary license as customer representative
1249    pending examination.--
1250          (1) The department shall issue a temporary customer
1251    representative's license with respect to a person who has
1252    applied for such license upon finding that the person:
1253          (c) Is a United States citizen or legal alien who
1254    possesses work authorization from the United States Immigration
1255    and Naturalization Service and isa bona fide resident of this
1256    state or is a resident of another state sharing a common
1257    boundary with this state. An individual who is a bona fide
1258    resident of this state shall be deemed to meet the residence
1259    requirement of this paragraph, notwithstanding the existence at
1260    the time of application for license, of a license in his or her
1261    name on the records of another state as a resident licensee of
1262    such other state, if the applicant furnishes a letter of
1263    clearance satisfactory to the department that his or her
1264    resident licenses have been canceled or changed to a nonresident
1265    basis and that he or she is in good standing.
1266          Section 41. Subsection (3) of section 626.741, Florida
1267    Statutes, is amended to read:
1268          626.741 Nonresident agents; licensing and restrictions.--
1269          (3) The department shall not, however, issue any license
1270    and appointment to any nonresident who has an office or place of
1271    business in this state, or who has any direct or indirect
1272    pecuniary interest in any insurance agent or, insurance agency,
1273    or in any solicitorlicensed as a resident of this state; nor to
1274    any individual who does not, at the time of issuance and
1275    throughout the existence of the Florida license, hold a license
1276    as agent or broker issued by his or her home state; nor to any
1277    individual who is employed by any insurer as a service
1278    representative or who is a managing general agent in any state,
1279    whether or not also licensed in another state as an agent or
1280    broker. The foregoing requirement to hold a similar license in
1281    the applicant's home state does not apply to customer
1282    representatives unless the home state licenses residents of that
1283    state in a similar manner. The prohibition against having an
1284    office or place of business in this state does not apply to
1285    customer representatives who are required to conduct business
1286    solely within the confines of the office of a licensed and
1287    appointed Florida resident general lines agent in this state.
1288    The authority of such nonresident license is limited to the
1289    specific lines of authority granted in the license issued by the
1290    agent's home state and further limited to the specific lines
1291    authorized under the nonresident license issued by this state.
1292    The department shall have discretion to refuse to issue any
1293    license or appointment to a nonresident when it has reason to
1294    believe that the applicant by ruse or subterfuge is attempting
1295    to avoid the intent and prohibitions contained in this
1296    subsection or to believe that any of the grounds exist as for
1297    suspension or revocation of license as set forth in ss. 626.611
1298    and 626.621.
1299          Section 42. Paragraph (a) of subsection (1) of section
1300    626.753, Florida Statutes, is amended to read:
1301          626.753 Sharing commissions; penalty.--
1302          (1)(a) An agent may divide or share in commissions only
1303    with his or her own employed solicitors andwith other agents
1304    appointed and licensed to write the same kind or kinds of
1305    insurance.
1306          Section 43. Paragraphs (b) and (d) of subsection (1) of
1307    section 626.785, Florida Statutes, are amended to read:
1308          626.785 Qualifications for license.--
1309          (1) The department shall not grant or issue a license as
1310    life agent to any individual found by it to be untrustworthy or
1311    incompetent, or who does not meet the following qualifications:
1312          (b) Must be a United States citizen or legal alien who
1313    possesses work authorization from the United States Immigration
1314    and Naturalization Service anda bona fide resident of this
1315    state.
1316          (d) Must not be a funeral director or direct disposer, or
1317    an employee or representative thereof, or have an office in, or
1318    in connection with, a funeral establishment, except that a
1319    funeral establishment may contract with a life insurance agent
1320    to sell a preneed contract as defined in chapter 497.
1321    Notwithstanding other provisions of this chapter, such insurance
1322    agent may sell limited policies of insurance covering the
1323    expense of final disposition or burial of an insured in thean
1324    amount of $12,500, plus an annual percentage increase based on
1325    the Annual Consumer Price Index compiled by the United States
1326    Department of Labor, beginning with the Annual Consumer Price
1327    Index announced by the United States Department of Labor for the
1328    year 2003not to exceed $10,000.
1329          Section 44. Subsections (1) and (2) of section 626.7851,
1330    Florida Statutes, are amended to read:
1331          626.7851 Requirement as to knowledge, experience, or
1332    instruction.--No applicant for a license as a life agent, except
1333    for a chartered life underwriter (CLU), shall be qualified or
1334    licensed unless within the 4 years immediately preceding the
1335    date the application for a license is filed with the department
1336    he or she has:
1337          (1) Successfully completed 40 hours of classroom courses
1338    in insurance, 3 hours of which shall be on the subject matter of
1339    ethics,satisfactory to the department at a school or college,
1340    or extension division thereof, or other authorized course of
1341    study, approved by the department. Courses must include
1342    instruction on the subject matter of unauthorized entities
1343    engaging in the business of insurance, to include the Florida
1344    Nonprofit Multiple-Employer Welfare Arrangement Act and the
1345    Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et
1346    seq., as it relates to the provision of life insurance by
1347    employers to their employees and the regulation thereof;
1348          (2) Successfully completed a correspondence course in
1349    insurance, 3 hours of which shall be on the subject matter of
1350    ethics,satisfactory to the department and regularly offered by
1351    accredited institutions of higher learning in this state,
1352    approved by the department. Courses must include instruction on
1353    the subject matter of unauthorized entities engaging in the
1354    business of insurance, to include the Florida Nonprofit
1355    Multiple-Employer Welfare Arrangement Act and the Employee
1356    Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
1357    it relates to the provision of life insurance by employers to
1358    their employees and the regulation thereof;
1359          Section 45. Subsection (2) of section 626.829, Florida
1360    Statutes, is amended to read:
1361          626.829 "Health agent" defined.--
1362          (2) Any person who acts for an insurer, or on behalf of a
1363    licensed representative of an insurer, to solicit applications
1364    for or to negotiate and effectuate health insurance contracts,
1365    whether or not he or she is appointed as an agent, subagent,
1366    solicitor,or canvasser or by any other title, shall be deemed
1367    to be a health agent and shall be qualified, licensed, and
1368    appointed as a health agent.
1369          Section 46. Paragraph (b) of subsection (1) of section
1370    626.831, Florida Statutes, is amended to read:
1371          626.831 Qualifications for license.--
1372          (1) The department shall not grant or issue a license as
1373    health agent as to any individual found by it to be
1374    untrustworthy or incompetent, or who does not meet the following
1375    qualifications:
1376          (b) Must be a United States citizen or legal alien who
1377    possesses work authorization from the United States Immigration
1378    and Naturalization Service anda bona fide resident of this
1379    state.
1380          Section 47. Subsections (1) and (2) of section 626.8311,
1381    Florida Statutes, are amended to read:
1382          626.8311 Requirement as to knowledge, experience, or
1383    instruction.--No applicant for a license as a health agent,
1384    except for a chartered life underwriter (CLU), shall be
1385    qualified or licensed unless within the 4 years immediately
1386    preceding the date the application for license is filed with the
1387    department he or she has:
1388          (1) Successfully completed 40 hours of classroom courses
1389    in insurance, 3 hours of which shall be on the subject matter of
1390    ethics,satisfactory to the department at a school or college,
1391    or extension division thereof, or other authorized course of
1392    study, approved by the department. Courses must include
1393    instruction on the subject matter of unauthorized entities
1394    engaging in the business of insurance, to include the Florida
1395    Nonprofit Multiple-Employer Welfare Arrangement Act and the
1396    Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et
1397    seq., as it relates to the provision of health insurance by
1398    employers to their employees and the regulation thereof;
1399          (2) Successfully completed a correspondence course in
1400    insurance, 3 hours of which shall be on the subject matter of
1401    ethics,satisfactory to the department and regularly offered by
1402    accredited institutions of higher learning in this state,
1403    approved by the department. Courses must include instruction on
1404    the subject matter of unauthorized entities engaging in the
1405    business of insurance, to include the Florida Nonprofit
1406    Multiple-Employer Welfare Arrangement Act and the Employee
1407    Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
1408    it relates to the provision of health insurance by employers to
1409    their employees and the regulation thereof;
1410          Section 48. Subsection (2) of section 626.8414, Florida
1411    Statutes, is amended to read:
1412          626.8414 Qualifications for examination.--The department
1413    must authorize any natural person to take the examination for
1414    the issuance of a license as a title insurance agent if the
1415    person meets all of the following qualifications:
1416          (2) The applicant must be a United States citizen or legal
1417    alien who possesses work authorization from the United States
1418    Immigration and Naturalization Service anda bona fide resident
1419    of this state. A person meets the residency requirement of this
1420    subsection, notwithstanding the existence at the time of
1421    application for license of a license in the applicant's name on
1422    the records of another state as a resident licensee of such
1423    other state, if the applicant furnishes a letter of clearance
1424    satisfactory to the department that the resident licenses have
1425    been canceled or changed to a nonresident basis and that the
1426    applicant is in good standing.
1427          Section 49. Paragraph (a) of subsection (3) of section
1428    626.8417, Florida Statutes, is amended to read:
1429          626.8417 Title insurance agent licensure; exemptions.--
1430          (3) The department shall not grant or issue a license as
1431    title agent to any individual found by it to be untrustworthy or
1432    incompetent, who does not meet the qualifications for
1433    examination specified in s. 626.8414, or who does not meet the
1434    following qualifications:
1435          (a) Within the 4 years immediately preceding the date of
1436    the application for license, the applicant must have completed a
1437    40-hour classroom course in title insurance, 3 hours of which
1438    shall be on the subject matter of ethics,as approved by the
1439    department, or must have had at least 12 months of experience in
1440    responsible title insurance duties, while working in the title
1441    insurance business as a substantially full-time, bona fide
1442    employee of a title agency, title agent, title insurer, or
1443    attorney who conducts real estate closing transactions and
1444    issues title insurance policies but who is exempt from licensure
1445    pursuant to paragraph (4)(a). If an applicant's qualifications
1446    are based upon the periods of employment at responsible title
1447    insurance duties, the applicant must submit, with the
1448    application for license on a form prescribed by the department,
1449    the affidavit of the applicant and of the employer setting forth
1450    the period of such employment, that the employment was
1451    substantially full time, and giving a brief abstract of the
1452    nature of the duties performed by the applicant.
1453          Section 50. Section 626.843, Florida Statutes, is amended
1454    to read:
1455          626.843 Renewal, continuation, reinstatement, termination
1456    of title insurance agent's appointment.--
1457          (1) The appointment of a title insurance agent shall
1458    continue in force until suspended, revoked, or otherwise
1459    terminated, but subject to a renewed request filed by the
1460    insurer every 24 months after the original issue date of the
1461    appointment, accompanied by payment of the renewal appointment
1462    fee and taxes as prescribed in s. 624.501.
1463          (2) Title insurance agent appointments shall be renewed
1464    pursuant to s. 626.381 for insurance representatives in general.
1465    Each insurer shall file with the department the lists,
1466    statements, and information as to appointments which are being
1467    renewed or being terminated, accompanied by payment of the
1468    applicable renewal fees and taxes as prescribed in s. 624.501,
1469    by a date set forth by the department following the month during
1470    which the appointments will expire.
1471          (3) Request for renewal of an appointment which is
1472    received on a date set forth by the department in the succeeding
1473    month may be renewed by the department without penalty, and
1474    shall be effective as of the day the appointment would have
1475    expired.
1476          (4) Request for renewal of an appointment which is
1477    received by the department after the date set by the department
1478    may be accepted and effectuated by the department in its
1479    discretion if an additional appointment continuation and
1480    reinstatement fee accompany the request for renewal pursuant to
1481    s. 624.501.
1482          (3)(5)The appointment issued shall remain in effect for
1483    so long as the appointment represented thereby continues in
1484    force as provided in this section.
1485          Section 51. Paragraph (b) of subsection (1) of section
1486    626.865, Florida Statutes, is amended to read:
1487          626.865 Public adjuster's qualifications, bond.--
1488          (1) The department shall issue a license to an applicant
1489    for a public adjuster's license upon determining that the
1490    applicant has paid the applicable fees specified in s. 624.501
1491    and possesses the following qualifications:
1492          (b) Is a United States citizen or legal alien who
1493    possesses work authorization from the United States Immigration
1494    and Naturalization Service anda bona fide resident of this
1495    state.
1496          Section 52. Subsection (2) of section 626.866, Florida
1497    Statutes, is amended to read:
1498          626.866 Independent adjuster's qualifications.--The
1499    department shall issue a license to an applicant for an
1500    independent adjuster's license upon determining that the
1501    applicable license fee specified in s. 624.501 has been paid and
1502    that the applicant possesses the following qualifications:
1503          (2) Is a United States citizen or legal alien who
1504    possesses work authorization from the United States Immigration
1505    and Naturalization Service anda bona fide resident of this
1506    state.
1507          Section 53. Subsection (2) of section 626.867, Florida
1508    Statutes, is amended to read:
1509          626.867 Company employee adjuster's qualifications.--The
1510    department shall issue a license to an applicant for a company
1511    employee adjuster's license upon determining that the applicable
1512    license fee specified in s. 624.501 has been paid and that the
1513    applicant possesses the following qualifications:
1514          (2) Is a United States citizen or legal alien who
1515    possesses work authorization from the United States Immigration
1516    and Naturalization Service anda bona fide resident of this
1517    state.
1518          Section 54. Section 626.869, Florida Statutes, is amended
1519    to read:
1520          626.869 License, adjusters.--
1521          (1) An applicant for a license as an adjuster may qualify
1522    and his or her license when issued may cover adjusting in any
1523    one of the following classes of insurance:
1524          (a) All lines of insurance except life and annuities.
1525          (b) Motor vehicle physical damage insurance.
1526          (c) Property and casualty insurance.
1527          (d) Workers' compensation insurance.
1528          (e) Health insurance.
1529          (2) All individuals who on October 1, 1990, hold an
1530    adjuster's license and appointment limited to fire and allied
1531    lines, including marine or casualty or boiler and machinery, may
1532    remain licensed and appointed under the limited license and may
1533    renew their appointment, but no license or appointment which has
1534    been terminated, not renewed, suspended, or revoked shall be
1535    reinstated, and no new or additional licenses or appointments
1536    shall be issued.
1537          (3) With the exception of a public adjuster limited to
1538    health insurance, a limited license set forth in subsection (1)
1539    as an independent or public adjuster may only be issued to and
1540    retained by an employee of an independent or public adjusting
1541    firm which is supervised by a duly appointed all-lines adjuster
1542    or an employee of an independent or public adjuster licensed and
1543    appointed in all lines of insurance other than life and annuity.
1544    The office of the limited lines adjuster shall be in the office
1545    of the licensed all-lines adjuster responsible for his or her
1546    supervision and instruction.
1547          (3)(4)The applicant's application for license shall
1548    specify which of the foregoing classes of business the
1549    application for license is to cover.
1550          (4)(5) Any individualpersonholding a license for 24
1551    consecutive months or longer and who engages in adjusting
1552    workers' compensation insurance must, beginning in his or her
1553    theirbirth month and every 2 years thereafter, have completed
1554    24 hours of courses, 2 hours of which relate to ethics, in
1555    subjects designed to inform the licensee regarding the current
1556    insuranceworkers' compensationlaws of this state, so as to
1557    enable him or her to engage in business as ana workers'
1558    compensationinsurance adjuster fairly and without injury to the
1559    public and to adjust all claims in accordance with the policy or
1560    contract and the workers' compensation laws of this state. In
1561    order to qualify as an eligible course under this subsection,
1562    the course must:
1563          (a) Have a course outline approved by the department.
1564          (b) Be taught at a school training facility or other
1565    location approved by the department.
1566          (c) Be taught by instructors with at least 5 years of
1567    experience in the area of workers' compensation, general lines
1568    of insurance, or other persons approved by the department.
1569    However, a member of The Florida Bar is exempt from the 5 years'
1570    experience requirement.
1571          (d) Furnish the attendee a certificate of completion. The
1572    course provider shall send a roster to the department in a
1573    format prescribed by the department.
1574          (5) The regulation of continuing education for licensees,
1575    course providers, instructors, school officials, and monitor
1576    groups shall be as provided for in s. 626.2816.
1577          Section 55. Subsection (1) of section 626.874, Florida
1578    Statutes, is amended to read:
1579          626.874 Catastrophe or emergency adjusters.--
1580          (1) In the event of a catastrophe or emergency, the
1581    department may issue a license, for the purposes and under the
1582    conditions which it shall fix and for the period of emergency as
1583    it shall determine, to persons who are residents or nonresidents
1584    of this state, who are at least 18 years of age, who are United
1585    States citizens or legal aliens who possess work authorization
1586    from the United States Immigration and Naturalization Service,
1587    and who are not licensed adjusters under this part but who have
1588    been designated and certified to it as qualified to act as
1589    adjusters by independent resident adjusters or by an authorized
1590    insurer or by a licensed general lines agent to adjust claims,
1591    losses, or damages under policies or contracts of insurance
1592    issued by such insurers. The fee for the license shall be as
1593    provided in s. 624.501(12)(c).
1594          Section 56. Section 626.878, Florida Statutes, is amended
1595    to read:
1596          626.878 Rules; code of ethics.--An adjuster shall
1597    subscribe to the code of ethics specified in the rules of the
1598    department. The rules shall implement the provisions of this
1599    part and specify the terms and conditions of contracts,
1600    including a right to cancel, and require practices necessary to
1601    ensure fair dealing, prohibit conflicts of interest, and ensure
1602    preservation of the rights of the claimant to participate in the
1603    adjustment of claims.
1604          Section 57. Subsection (1) of section 626.797, Florida
1605    Statutes, is amended to read:
1606          626.797 Code of ethics.--
1607          (1) The department shall, after consultation with the
1608    Florida Association Of Insurance and Financial AdvisorsLife
1609    Underwriters, adopt a code of ethics, or continue any such code
1610    heretofore so adopted, to govern the conduct of life agents in
1611    their relations with the public, other agents, and the insurers.
1612          Section 58. Paragraphs (o) and (z) of subsection (1) of
1613    section 626.9541, Florida Statutes, are amended to read:
1614          626.9541 Unfair methods of competition and unfair or
1615    deceptive acts or practices defined.--
1616          (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1617    ACTS.--The following are defined as unfair methods of
1618    competition and unfair or deceptive acts or practices:
1619          (o) Illegal dealings in premiums; excess or reduced
1620    charges for insurance.--
1621          1. Knowingly collecting any sum as a premium or charge for
1622    insurance, which is not then provided, or is not in due course
1623    to be provided, subject to acceptance of the risk by the
1624    insurer, by an insurance policy issued by an insurer as
1625    permitted by this code.
1626          2. Knowingly collecting as a premium or charge for
1627    insurance any sum in excess of or less than the premium or
1628    charge applicable to such insurance, in accordance with the
1629    applicable classifications and rates as filed with and approved
1630    by the department, and as specified in the policy; or, in cases
1631    when classifications, premiums, or rates are not required by
1632    this code to be so filed and approved, premiums and charges
1633    collected from a Florida residentin excess of or less than
1634    those specified in the policy and as fixed by the insurer. This
1635    provision shall not be deemed to prohibit the charging and
1636    collection, by surplus lines agents licensed under part VIII of
1637    this chapter, of the amount of applicable state and federal
1638    taxes, or fees as authorized by s. 626.916(4), in addition to
1639    the premium required by the insurer or the charging and
1640    collection, by licensed agents, of the exact amount of any
1641    discount or other such fee charged by a credit card facility in
1642    connection with the use of a credit card, as authorized by
1643    subparagraph (q)3., in addition to the premium required by the
1644    insurer. This subparagraph shall not be construed to prohibit
1645    collection of a premium for a universal life or a variable or
1646    indeterminate value insurance policy made in accordance with the
1647    terms of the contract.
1648          3.a. Imposing or requesting an additional premium for a
1649    policy of motor vehicle liability, personal injury protection,
1650    medical payment, or collision insurance or any combination
1651    thereof or refusing to renew the policy solely because the
1652    insured was involved in a motor vehicle accident unless the
1653    insurer's file contains information from which the insurer in
1654    good faith determines that the insured was substantially at
1655    fault in the accident.
1656          b. An insurer which imposes and collects such a surcharge
1657    or which refuses to renew such policy shall, in conjunction with
1658    the notice of premium due or notice of nonrenewal, notify the
1659    named insured that he or she is entitled to reimbursement of
1660    such amount or renewal of the policy under the conditions listed
1661    below and will subsequently reimburse him or her or renew the
1662    policy, if the named insured demonstrates that the operator
1663    involved in the accident was:
1664          (I) Lawfully parked;
1665          (II) Reimbursed by, or on behalf of, a person responsible
1666    for the accident or has a judgment against such person;
1667          (III) Struck in the rear by another vehicle headed in the
1668    same direction and was not convicted of a moving traffic
1669    violation in connection with the accident;
1670          (IV) Hit by a "hit-and-run" driver, if the accident was
1671    reported to the proper authorities within 24 hours after
1672    discovering the accident;
1673          (V) Not convicted of a moving traffic violation in
1674    connection with the accident, but the operator of the other
1675    automobile involved in such accident was convicted of a moving
1676    traffic violation;
1677          (VI) Finally adjudicated not to be liable by a court of
1678    competent jurisdiction;
1679          (VII) In receipt of a traffic citation which was dismissed
1680    or nolle prossed; or
1681          (VIII) Not at fault as evidenced by a written statement
1682    from the insured establishing facts demonstrating lack of fault
1683    which are not rebutted by information in the insurer's file from
1684    which the insurer in good faith determines that the insured was
1685    substantially at fault.
1686          c. In addition to the other provisions of this
1687    subparagraph, an insurer may not fail to renew a policy if the
1688    insured has had only one accident in which he or she was at
1689    fault within the current 3-year period. However, an insurer may
1690    nonrenew a policy for reasons other than accidents in accordance
1691    with s. 627.728. This subparagraph does not prohibit nonrenewal
1692    of a policy under which the insured has had three or more
1693    accidents, regardless of fault, during the most recent 3-year
1694    period.
1695          4. Imposing or requesting an additional premium for, or
1696    refusing to renew, a policy for motor vehicle insurance solely
1697    because the insured committed a noncriminal traffic infraction
1698    as described in s. 318.14 unless the infraction is:
1699          a. A second infraction committed within an 18-month
1700    period, or a third or subsequent infraction committed within a
1701    36-month period.
1702          b. A violation of s. 316.183, when such violation is a
1703    result of exceeding the lawful speed limit by more than 15 miles
1704    per hour.
1705          5. Upon the request of the insured, the insurer and
1706    licensed agent shall supply to the insured the complete proof of
1707    fault or other criteria which justifies the additional charge or
1708    cancellation.
1709          6. No insurer shall impose or request an additional
1710    premium for motor vehicle insurance, cancel or refuse to issue a
1711    policy, or refuse to renew a policy because the insured or the
1712    applicant is a handicapped or physically disabled person, so
1713    long as such handicap or physical disability does not
1714    substantially impair such person's mechanically assisted driving
1715    ability.
1716          7. No insurer may cancel or otherwise terminate any
1717    insurance contract or coverage, or require execution of a
1718    consent to rate endorsement, during the stated policy term for
1719    the purpose of offering to issue, or issuing, a similar or
1720    identical contract or coverage to the same insured with the same
1721    exposure at a higher premium rate or continuing an existing
1722    contract or coverage with the same exposure at an increased
1723    premium.
1724          8. No insurer may issue a nonrenewal notice on any
1725    insurance contract or coverage, or require execution of a
1726    consent to rate endorsement, for the purpose of offering to
1727    issue, or issuing, a similar or identical contract or coverage
1728    to the same insured at a higher premium rate or continuing an
1729    existing contract or coverage at an increased premium without
1730    meeting any applicable notice requirements.
1731          9. No insurer shall, with respect to premiums charged for
1732    motor vehicle insurance, unfairly discriminate solely on the
1733    basis of age, sex, marital status, or scholastic achievement.
1734          10. Imposing or requesting an additional premium for motor
1735    vehicle comprehensive or uninsured motorist coverage solely
1736    because the insured was involved in a motor vehicle accident or
1737    was convicted of a moving traffic violation.
1738          11. No insurer shall cancel or issue a nonrenewal notice
1739    on any insurance policy or contract without complying with any
1740    applicable cancellation or nonrenewal provision required under
1741    the Florida Insurance Code.
1742          12. No insurer shall impose or request an additional
1743    premium, cancel a policy, or issue a nonrenewal notice on any
1744    insurance policy or contract because of any traffic infraction
1745    when adjudication has been withheld and no points have been
1746    assessed pursuant to s. 318.14(9) and (10). However, this
1747    subparagraph does not apply to traffic infractions involving
1748    accidents in which the insurer has incurred a loss due to the
1749    fault of the insured.
1750          (z) Sliding.--Sliding is the act or practice of:
1751          1. Representing to the applicant that a specific ancillary
1752    coverage or product is required by law in conjunction with the
1753    purchase of motor vehicleinsurance when such coverage or
1754    product is not required;
1755          2. Representing to the applicant that a specific ancillary
1756    coverage or product is included in the motor vehiclepolicy
1757    applied for without an additional charge when such charge is
1758    required; or
1759          3. Charging an applicant for a specific ancillary coverage
1760    or product, in addition to the cost of the motor vehicle
1761    insurance coverage applied for, without the informed consent of
1762    the applicant.
1763          Section 59. Paragraph (f) is added to subsection (7) of
1764    section 626.9916, Florida Statutes, to read:
1765          626.9916 Viatical settlement broker license required;
1766    application for license.--
1767          (7) Upon the filing of a sworn application and the payment
1768    of the license fee and all other applicable fees under this act,
1769    the department shall investigate each applicant and may issue
1770    the applicant a license if the department finds that the
1771    applicant:
1772          (f) If a natural person, is at least 18 years of age and a
1773    United States citizen or legal alien who possesses work
1774    authorization from the United States Immigration and
1775    Naturalization Service.
1776          Section 60. Subsection (3) of section 632.634, Florida
1777    Statutes, is amended to read:
1778          632.634 Licensing and appointment of agents.--
1779          (3) Any agent, representative, or member of a society who
1780    in any preceding calendar year has solicited and procured life
1781    insurance benefit contracts on behalf of any society in a total
1782    amount of insurance less than $50,000, or, in the case of any
1783    other kind or kinds of insurance benefit contracts which the
1784    society might write, on not more than 25 individuals, shall be
1785    exempt from the agent licensing and appointment requirements of
1786    subsection (1). Upon request by the department,every society
1787    shall register, on forms prescribed by the department and on or
1788    before March 1 of each year, the name and residence address of
1789    each agent, representative, or member exempt under the
1790    provisions of this subsection and shall, within 30 days of
1791    termination of employment, notify the department of the
1792    termination. Any agent, representative, or member for which an
1793    exemption is claimed due to employment by the society subsequent
1794    to March 1 shall be registered by the society with the
1795    department within 10 days of the date of employment.
1796          Section 61. Section 634.171, Florida Statutes, is amended
1797    to read:
1798          634.171 Salesperson to be licensed and appointed.--
1799    Salespersons for motor vehicle service agreement companies and
1800    insurers shall be licensed, appointed, renewed, continued,
1801    reinstated, or terminated as prescribed in chapter 626 for
1802    insurance representatives in general. However, they shall be
1803    exempt from all other provisions of chapter 626 including
1804    fingerprinting, photo identification, education, and examination
1805    provisions. License, appointment, and other fees shall be those
1806    prescribed in s. 624.501. A licensed and appointed salesperson
1807    shall be directly responsible and accountable for all acts of
1808    her or his employees and other representatives. Each service
1809    agreement company or insurer shall, on forms prescribed by the
1810    department, within 30 days after termination of the appointment,
1811    notify the department of such termination. No employee or
1812    salesperson of a motor vehicle service agreement company or
1813    insurer may directly or indirectly solicit or negotiate
1814    insurance contracts, or hold herself or himself out in any
1815    manner to be an insurance agent or solicitor, unless so
1816    qualified, licensed, and appointed therefor under the Florida
1817    Insurance Code. A motor vehicle service agreement company is not
1818    required to be licensed as a salesperson to solicit, sell,
1819    issue, or otherwise transact the motor vehicle service
1820    agreements issued by the motor vehicle service agreement
1821    company.
1822          Section 62. Section 634.420, Florida Statutes, is amended
1823    to read:
1824          634.420 License and appointment of sales representatives.-
1825    -Sales representatives for service warranty associations or
1826    insurers shall be licensed, appointed, renewed, continued,
1827    reinstated, or terminated in accordance with procedures as
1828    prescribed in chapter 626 for insurance representatives in
1829    general. However, they shall be exempt from all other provisions
1830    of chapter 626, including fingerprinting, photo identification,
1831    education, and examination. License, appointment, and other fees
1832    shall be those prescribed in s. 624.501. A licensed and
1833    appointed sales representative shall be directly responsible and
1834    accountable for all acts of the licensed sales representative's
1835    employees or other representatives. Each service warranty
1836    association or insurer shall, on forms prescribed by the
1837    department, within 30 days after termination of the appointment,
1838    notify the department of such termination. No employee or sales
1839    representative of a service warranty association or insurer may
1840    directly or indirectly solicit or negotiate insurance contracts,
1841    or hold herself or himself out in any manner to be an insurance
1842    agent or solicitor, unless so qualified, licensed, and appointed
1843    therefor under the insurance code.
1844          Section 63. Section 642.034, Florida Statutes, is amended
1845    to read:
1846          642.034 License and appointment required.--No person may
1847    solicit, negotiate, sell, or execute legal expense insurance
1848    contracts on behalf of an insurer in this state unless such
1849    person is licensed and appointed as a sales representative or is
1850    licensed and appointed under the insurance code as a general
1851    lines agent or solicitor. No person licensed and appointed as a
1852    legal expense insurance sales representative may solicit,
1853    negotiate, sell, or execute any other contract of insurance
1854    unless such person is duly licensed and appointed to do so under
1855    the provisions of chapter 626.
1856          Section 64. Section 642.036, Florida Statutes, is amended
1857    to read:
1858          642.036 Sales representatives to be licensed and
1859    appointed.--Sales representatives of legal expense insurers
1860    shall be licensed, appointed, renewed, continued, reinstated, or
1861    terminated as prescribed in chapter 626 for insurance
1862    representatives in general, and shall pay the license and
1863    appointment fees prescribed in s. 624.501. No employee or sales
1864    representative of an insurer may directly or indirectly solicit
1865    or negotiate insurance contracts, or hold herself or himself out
1866    in any manner to be an insurance agent or solicitor, unless so
1867    qualified, licensed, and appointed therefor under the insurance
1868    code.
1869          Section 65. Section 642.045, Florida Statutes, is amended
1870    to read:
1871          642.045 Procedure for refusal, suspension, or revocation
1872    of license and appointment of sales representative; departmental
1873    action upon violation by licensed insurance agent or
1874          solicitor.--
1875          (1) If any sales representative is convicted by a court of
1876    a violation of any provision of ss. 642.011-642.049, the license
1877    and appointment of such individual shall thereby be deemed to be
1878    immediately revoked without any further procedure relative
1879    thereto by the department.
1880          (2) Whenever it appears that any licensed insurance agent
1881    or solicitorhas violated the provisions of ss. 642.011-642.049,
1882    or if any grounds listed in s. 642.041 or s. 642.043 exist as to
1883    such agent or solicitor, the department may take such action as
1884    is authorized by the insurance code for a violation of the
1885    insurance code by such agent or solicitor, or such action as is
1886    authorized by this chapter for a violation of this chapter by a
1887    sales representative.
1888          Section 66. Paragraph (b) of subsection (5) and subsection
1889    (9) of section 648.27, Florida Statutes, are amended to read:
1890          648.27 Licenses and appointments; general.--
1891          (5)
1892          (b) The license of a temporary bail bond agent or runner
1893    shall continue in force until suspended, revoked, or otherwise
1894    terminated.
1895          (9) If, upon application for an appointment and such
1896    investigation as the department may make, it appears to the
1897    department that an individual has been actively engaged or is
1898    currently actively engaged in bail bond activities without being
1899    appointed as required, the department may, if it finds that such
1900    failure to be appointed is an error on the part of the insurer
1901    or employer so represented, issue or authorize the issuance of
1902    the appointment as applied for, but subject to the condition
1903    that, before the appointment is issued, all fees and taxes which
1904    would have been due had the applicant been so appointed during
1905    such current and prior periods, together with a continuation fee
1906    for such current and prior terms of appointment, shall be paid
1907    to the department. Failure to notify the department within the
1908    required time period shall result in the appointing entity being
1909    assessed a delinquent fee of $250. Delinquent fees shall be paid
1910    by the appointing entity and shall not be charged to the
1911    appointee.
1912          Section 67. Paragraph (b) of subsection (2) and
1913    subsections (5) and (6) of section 648.34, Florida Statutes, are
1914    amended to read:
1915          648.34 Bail bond agents; qualifications.--
1916          (2) To qualify as a bail bond agent, it must affirmatively
1917    appear at the time of application and throughout the period of
1918    licensure that the applicant has complied with the provisions of
1919    s. 648.355 and has obtained a temporary license pursuant to such
1920    section and:
1921          (b) The applicant is a United States citizen or legal
1922    alien who possesses work authorization from the United States
1923    Immigration and Naturalization Service and isa resident of this
1924    state. An individual who is a resident of this state shall be
1925    deemed to meet the residence requirement of this paragraph,
1926    notwithstanding the existence, at the time of application for
1927    license, of a license in the applicant's name on the records of
1928    another state as a resident licensee of such other state, if the
1929    applicant furnishes a letter of clearance satisfactory to the
1930    department that his or her resident licenses have been canceled
1931    or changed to a nonresident basis and that he or she is in good
1932    standing.
1933          (5) The department shall conduct a comprehensive
1934    investigation of each applicant, including a background check.
1935    The investigation of the applicant's qualifications, character,
1936    experience, background, and fitness shall include submission of
1937    the applicant's fingerprints to the Department of Law
1938    Enforcement and the Federal Bureau of Investigation and
1939    consideration of any state criminal records, federal criminal
1940    records, or local criminal records obtained from these agencies
1941    or from local law enforcement agencies.
1942          (6) The provisions of s. 112.011 do not apply to bail bond
1943    agents or runnersor to applicants for licensure as bail bond
1944    agents or runners.
1945          Section 68. Paragraphs (b) and (e) of subsection (1) of
1946    section 648.355, Florida Statutes, are amended to read:
1947          648.355 Temporary limited license as limited surety agent
1948    or professional bail bond agent; pending examination.--
1949          (1) The department may, in its discretion, issue a
1950    temporary license as a limited surety agent or professional bail
1951    bond agent, subject to the following conditions:
1952          (b) The applicant is a United States citizen or legal
1953    alien who possesses work authorization from the United States
1954    Immigration and Naturalization Service and isa resident of this
1955    state. An individual who is a resident of this state shall be
1956    deemed to meet the residence requirement of this paragraph,
1957    notwithstanding the existence, at the time of application for
1958    temporary license, of a license in the individual's name on the
1959    records of another state as a resident licensee of such other
1960    state, if the applicant furnishes a letter of clearance
1961    satisfactory to the department that the individual's resident
1962    licenses have been canceled or changed to a nonresident basis
1963    and that the individual is in good standing.
1964          (e) The applicant must be employed full-timeat the time
1965    of licensure, and at all times throughout the existence of the
1966    temporary license, by only one licensed and appointed
1967    supervising bail bond agent, who supervises the work of the
1968    applicant and is responsible for the licensee's conduct in the
1969    bail bond business. The applicant must be appointed by the same
1970    insurers as the supervising bail bond agent. The supervising
1971    bail bond agent shall certify monthly to the department under
1972    oath, on a form prescribed by the department, the names and
1973    hours worked each week of all temporary bail bond agents. Filing
1974    a false certification is grounds for the immediate suspension of
1975    the license and imposition of a $5,000 administrative fine. The
1976    department may adopt rules that establish standards for the
1977    employment requirements.
1978          Section 69. Paragraph (a) of subsection (2) and subsection
1979    (3) of section 648.382, Florida Statutes, are amended, and
1980    subsection (6) is added to that section, to read:
1981          648.382 Appointment of bail bond agents and temporary bail
1982    bond agents; effective date of appointment.--
1983          (2) Prior to any appointment, an appropriate officer or
1984    official of the appointing insurer in the case of a bail bond
1985    agent or an insurer, managing general agent, or bail bond agent
1986    in the case of a temporary bail bond agent must submit:
1987          (a) A certified statement or affidavit to the department
1988    stating what investigation has been made concerning the proposed
1989    appointee and the proposed appointee's background and the
1990    appointing person's opinion to the best of his or her knowledge
1991    and belief as to the moral character, fitness,and reputation of
1992    the proposed appointee. In lieu of such certified statement or
1993    affidavit, by authorizing the effectuation of an appointment for
1994    a licensee, the appointing entity certifies to the department
1995    that such investigation has been made and that the results of
1996    the investigation and the appointing person's opinion is that
1997    the proposed appointee is a person of good moral character and
1998    reputation and is fit to engage in the bail bond business;
1999          (3) By authorizing the effectuation of an appointment for
2000    a licensee, the appointing insurer certifies to the department
2001    Prior to any appointment of a bail bond agent, the appointing
2002    insurer must certify to the departmentthat the insurer will be
2003    bound by the acts of the bail bond agent acting within the scope
2004    of his or her appointment, and, in the case of a temporary bail
2005    bond agent, the appointing insurer, managing general agent, or
2006    bail bond agent, as the case may be, must certify to the
2007    department that he or she will supervise the temporary bail bond
2008    agent's activities.
2009          (6) Failure to notify the department within the required
2010    time period shall result in the appointing entity being assessed
2011    a delinquent fee of $250. Delinquent fees shall be paid by the
2012    appointing entity and shall not be charged to the appointee.
2013          Section 70. Section 648.383, Florida Statutes, is amended
2014    to read:
2015          648.383 Renewal, continuation, reinstatement, and
2016    termination of appointment; bail bond agents.--
2017          (1) The appointment of a bail bond agent shall continue in
2018    force unless suspended, revoked, or otherwise terminated,
2019    subject to a renewal request filed by the appointing entity in
2020    the appointee's birth month and every 24 months thereafter. A
2021    renewal request must be filed with the department or person
2022    designated by the department to administer appointmentsalong
2023    with payment of the renewal appointment fee and taxes as
2024    prescribed in s. 624.501.
2025          (2) Each appointing person or person designated by the
2026    department to administer appointments must file with the
2027    departmentthe lists, statement, and information as to each bail
2028    bond agent whose appointment is being renewed, accompanied by
2029    payment of the applicable renewal fees and taxes as prescribed
2030    in s. 624.501, by a date established by the department following
2031    the month during which the appointment will expire.
2032          (3) An appointment may be renewed by the department
2033    without penalty if the information required under subsection (2)
2034    is received by the department on or prior to the expiration of
2035    the appointment in the licensee's birth monthdate established
2036    by the department for renewal, and such appointment shall be
2037    renewed,is effective on the first day of the month succeeding
2038    the month in whichthe appointment was scheduled to expire.
2039          (4) If the information required under subsection (2) is
2040    received by the department after the renewal date established by
2041    the department for renewal, the appointment may be renewed by
2042    the department if thean additional appointment, late filing,
2043    continuation, and reinstatement fees accompanyfee accompanies
2044    the application as required under s. 624.501.
2045          Section 71. Subsections (1) and (3) of section 648.50,
2046    Florida Statutes, are amended to read:
2047          648.50 Effect of suspension, revocation upon associated
2048    licenses and licensees.--
2049          (1) Upon the suspension, revocation, or refusal to renew
2050    or continue any license or appointment or the eligibility to
2051    hold a license or appointment of a bail bond agent or,temporary
2052    bail bond agent, or runner,the department shall at the same
2053    time likewise suspend or revoke all other licenses or
2054    appointments and the eligibility to hold any other such licenses
2055    or appointments which may be held by the licensee under the
2056    Florida Insurance Code.
2057          (3) No person whose license as a bail bond agent or,
2058    temporary bail bond agent, or runnerhas been revoked or
2059    suspended shall be employed by any bail bond agent, have any
2060    ownership interest in any business involving bail bonds, or have
2061    any financial interest of any type in any bail bond business
2062    during the period of revocation or suspension.
2063          Section 72. Sections 626.032 and 626.361, Florida
2064    Statutes, are repealed.
2065          Section 73. Paragraph (d) of subsection (6) of section
2066    627.351, Florida Statutes, is amended to read:
2067          627.351 Insurance risk apportionment plans.--
2068          (6) CITIZENS PROPERTY INSURANCE CORPORATION.--
2069          (d)1. It is the intent of the Legislature that the rates
2070    for coverage provided by the corporation be actuarially sound
2071    and not competitive with approved rates charged in the admitted
2072    voluntary market, so that the corporation functions as a
2073    residual market mechanism to provide insurance only when the
2074    insurance cannot be procured in the voluntary market. Rates
2075    shall include an appropriate catastrophe loading factor that
2076    reflects the actual catastrophic exposure of the corporation.
2077          2. For each county, the average rates of the corporation
2078    for each line of business for personal lines residential
2079    policies excluding rates for wind-only policies shall be no
2080    lower than the average rates charged by the insurer that had the
2081    highest average rate in that county among the 20 insurers with
2082    the greatest total direct written premium in the state for that
2083    line of business in the preceding year, except that with respect
2084    to mobile home coverages, the average rates of the corporation
2085    shall be no lower than the average rates charged by the insurer
2086    that had the highest average rate in that county among the 5
2087    insurers with the greatest total written premium for mobile home
2088    owner's policies in the state in the preceding year.
2089          3. Rates for personal lines residential wind-only policies
2090    must be actuarially sound and not competitive with approved
2091    rates charged by authorized insurers. However, for personal
2092    lines residential wind-only policies issued or renewed between
2093    July 1, 2002, and June 30, 2003, the maximum premium increase
2094    must be no greater than 10 percent of the Florida Windstorm
2095    Underwriting Association premium for that policy in effect on
2096    June 30, 2002, as adjusted for coverage changes and seasonal
2097    occupancy surcharges. For personal lines residential wind-only
2098    policies issued or renewed between July 1, 2003, and June 30,
2099    2004, the corporation shall use its existing filed and approved
2100    wind-only rating and classification plans, provided, however,
2101    that the maximum premium increase must be no greater than 20
2102    percent of the premium for that policy in effect on June 30,
2103    2003, as adjusted for coverage changes and seasonal occupancy
2104    surcharges.The personal lines residential wind-only rates for
2105    the corporation effective July 1, 2003, must be based on a rate
2106    filing by the corporation which establishes rates which are
2107    actuarially sound and not competitive with approved rates
2108    charged by authorized insurers.Corporation rate manuals shall
2109    include a rate surcharge for seasonal occupancy. To ensure that
2110    personal lines residential wind-only rates effective on or after
2111    July 1, 20042003, are not competitive with approved rates
2112    charged by authorized insurers, the corporation, in conjunction
2113    with the office, shall develop a wind-only rate making
2114    methodology, which methodology shall be contained in a rate
2115    filing made by the corporation with the office by January 1,
2116    2004. If the office thereafter determines that the wind-only
2117    rates or rating factors filed by the corporation fail to comply
2118    with the wind-only rate making methodology provided for in this
2119    subsection, it shall so notify the corporation and require the
2120    corporation to amend its rates or rating factors to come into
2121    compliance within 90 days of notice from the office. The office
2122    shall report to the Speaker of the House of Representatives and
2123    the President of the Senate on the provisions of the wind-only
2124    rate making methodology by January 31, 2004the department, by
2125    March 1 of each year, shall provide the corporation, for each
2126    county in which there are geographical areas in which personal
2127    lines residential wind-only policies may be issued, the average
2128    rates charged by the insurer that had the highest average rate
2129    in that county for wind coverage in that insurer's rating
2130    territories which most closely approximate the geographical area
2131    in that county in which personal lines residential wind-only
2132    policies may be written by the corporation. The average rates
2133    provided must be from an insurer among the 20 insurers with the
2134    greatest total direct written premium in the state for personal
2135    lines residential property insurance for the preceding year.
2136    With respect to mobile homes, the five insurers with the
2137    greatest total written premium for that line of business in the
2138    preceding year shall be used. The corporation shall certify to
2139    the department that its average personal lines residential wind-
2140    only rates are no lower in each county than the average rates
2141    provided by the department. The department is authorized to
2142    adopt rules to establish reporting requirements to obtain the
2143    necessary wind-only rate information from insurers to implement
2144    this provision.
2145          4. Rates for commercial lines coverage shall not be
2146    subject to the requirements of subparagraph 2., but shall be
2147    subject to all other requirements of this paragraph and s.
2148    627.062.
2149          5. Nothing in this paragraph shall require or allow the
2150    corporation to adopt a rate that is inadequate under s. 627.062.
2151          6. The corporation shall certify to the office at least
2152    twice annually that its personal lines rates comply with the
2153    requirements of subparagraphs 1. and 2. If any adjustment in the
2154    rates or rating factors of the corporation is necessary to
2155    ensure such compliance, the corporation shall make and implement
2156    such adjustments and file its revised rates and rating factors
2157    with the office. If the office thereafter determines that the
2158    revised rates and rating factors fail to comply with the
2159    provisions of subparagraphs 1. and 2, it shall notify the
2160    corporation and require the corporation to amend its rates or
2161    rating factors in conjunction with its next rate filing. The
2162    office must notify the corporation by electronic means of any
2163    rate filing it approves for any insurer among the insurers
2164    referred to in subparagraph 2make a rate filing at least once a
2165    year, but no more often than quarterly.
2166          7. In addition to the rates otherwise determined pursuant
2167    to this paragraph, the corporation shall impose and collect an
2168    amount equal to the premium tax provided for in s. 624.509 to
2169    augment the financial resources of the corporation.
2170          8.a To assist the corporation in developing additional
2171    ratemaking methods to assure compliance with subparagraphs 1.
2172    and 4., the corporation shall appoint a rate methodology panel
2173    consisting of one person recommended by the Florida Association
2174    of Insurance Agents, one person recommended by the Professional
2175    Insurance Agents of Florida, one person recommended by the
2176    Florida Association of Insurance and Financial Advisors, one
2177    person recommended by the insurer with the highest voluntary
2178    market share of residential property insurance business in the
2179    state, one person recommended by the insurer with the second-
2180    highest voluntary market share of residential property insurance
2181    business in the state, one person recommended by an insurer
2182    writing commercial residential property insurance in this state,
2183    one person recommended by the Office of Insurance Regulation,
2184    and one board member designated by the board chairman, who shall
2185    serve as chairman of the panel.
2186          b. By January 1, 2004, the rate methodology panel shall
2187    provide a report to the corporation of its findings and
2188    recommendations for the use of additional ratemaking methods and
2189    procedures, including the use of a rate-equalization surcharge
2190    in an amount sufficient to assure that the total cost of
2191    coverage for policyholders or applicants to the corporation is
2192    sufficient to comply with subparagraph 1.
2193          c. Within 30 days after such report, the corporation shall
2194    present to the President of the Senate, the Speaker of the House
2195    of Representatives, the minority party leaders of each house of
2196    the Legislature, and the chairs of the standing committees of
2197    each house of the Legislature having jurisdiction of insurance
2198    issues, a plan for implementing the additional ratemaking
2199    methods and an outline of any legislation needed to facilitate
2200    use of the new methods.
2201          d. The plan must include a provision that producer
2202    commissions paid by the corporation shall not be calculated in
2203    such a manner as to include any rate-equalization surcharge.
2204    However, without regard to the plan to be developed or its
2205    implementation, producer commissions paid by the corporation for
2206    each account, other than the quota share primary program, shall
2207    remain fixed as to percentage, effective rate, calculation, and
2208    payment method until January 1, 2004.
2209          9. By January 1, 2004, the corporation shall develop a
2210    notice to policyholders or applicants that the rates of Citizens
2211    Property Insurance Corporation are intended to be higher than
2212    the rates of any admitted carrier and providing other
2213    information the corporation deems necessary to assist consumers
2214    in finding other voluntary admitted insurers willing to insure
2215    their property.
2216          Section 74. Section 624.105, Florida Statutes, is created
2217    to read:
2218          624.105 Waiver of customer liability.--Any regulated
2219    company as defined in s. 350.111, any electric utility as
2220    defined in s. 366.02(2), any utility as defined in s.
2221    367.021(12) or s.367.022(2) and (7), and any provider of
2222    communications services as defined in s. 202.11(3) may charge
2223    for and include an optional waiver of liability provision in
2224    their customer contracts under which the entity agrees to waive
2225    all or a portion of the customer's liability for service from
2226    the entity for a defined period in the event of the customer's
2227    call to active military service, death, disability, involuntary
2228    unemployment, qualification for family leave, or similar
2229    qualifying event or condition. Such provisions may not be
2230    effective in the customer's contract with the entity unless
2231    affirmatively elected by the customer. No such provision shall
2232    constitute insurance so long as the provision is a contract
2233    between the entity and its customer.
2234          Section 75. Section 717.1071, Florida Statutes, is created
2235    to read:
2236          717.1071 Lost owners of unclaimed demutualization,
2237    rehabilitation, or related reorganization proceeds.--
2238          (1) Property distributable in the course of a
2239    demutualization, rehabilitation, or related reorganization of an
2240    insurance company is deemed abandoned 2 years after the date the
2241    property is first distributable if, at the time of the first
2242    distribution, the last known address of the owner on the books
2243    and records of the holder is known to be incorrect or the
2244    distribution or statements are returned by the post office as
2245    undeliverable; and the owner has not communicated in writing
2246    with the holder or its agent regarding the interest or otherwise
2247    communicated with the holder regarding the interest as evidenced
2248    by a memorandum or other record on file with the holder or its
2249    agent.
2250          (2) Property distributable in the course of
2251    demutualization, rehabilitation, or related reorganization of a
2252    mutual insurance company that is not subject to subsection (1)
2253    shall be reportable as otherwise provided by this chapter.
2254          (3) Property subject to this section shall be reported and
2255    delivered no later than May 1 as of the preceding December 31,
2256    however the initial report under this section shall be filed no
2257    later than November 1, 2003, as of December 31, 2002.
2258          Section 76. Subsection (8) of section 624.430, Florida
2259    Statutes, is renumbered as subsection (9), and new subsection
2260    (8) is added to said section, to read:
2261          624.430 Withdrawal of insurer or discontinuance of writing
2262    certain kinds or lines of insurance.--
2263          (8) Notwithstanding subsection (7), any insurer desiring
2264    to surrender its certificate of authority, withdraw from this
2265    state, or discontinue the writing of any one or multiple kinds
2266    or lines of insurance in this state is expected to have availed
2267    itself of all reasonably available reinsurance. Reasonably
2268    available reinsurance shall include unrealized reinsurance,
2269    which is defined as reinsurance recoverable on known losses
2270    incurred and due under valid reinsurance contracts that have not
2271    been identified in the normal course of business and have not
2272    been reported in financial statements filed with the Office of
2273    Insurer Regulation. Within 90 days after surrendering its
2274    certificate of authority, withdrawing from this state, or
2275    discontinuing the writing of any one or multiple kinds or lines
2276    of insurance in this state, the insurer shall certify to the
2277    Director of the Office of Insurer Regulation that the insurer
2278    has engaged an independent third party to search for unrealized
2279    reinsurance, and that the insurer has made all relevant books
2280    and records available to such third party. The compensation to
2281    such third party may be a percentage of unrealized reinsurance
2282    identified and collected.
2283          Section 77. Subsection (11) of section 626.7451, Florida
2284    Statutes, is amended to read:
2285          626.7451 Managing general agents; required contract
2286    provisions.--No person acting in the capacity of a managing
2287    general agent shall place business with an insurer unless there
2288    is in force a written contract between the parties which sets
2289    forth the responsibility for a particular function, specifies
2290    the division of responsibilities, and contains the following
2291    minimum provisions:
2292          (11) A licensed managing general agent, when placing
2293    business with an insurer under this code, may charge a per-
2294    policy fee not to exceed $40$25. In no instance shall the
2295    aggregate of per-policy fees for a placement of business
2296    authorized under this section, when combined with any other per-
2297    policy fee charged by the insurer, result in per-policy fees
2298    which exceed the aggregate amount of $40$25. The per-policy fee
2299    shall be a component of the insurer's rate filing and shall be
2300    fully earned. A managing general agent that collects a per-
2301    policy fee shall remit a minimum of $5 per policy to the
2302    Division of Insurance Fraud of the Department of Financial
2303    Services, which shall be dedicated to the prevention and
2304    detection of motor vehicle insurance fraud, and an additional $5
2305    per policy, 95 percent of which shall be remitted to the Justice
2306    Administration Commission, which shall distribute the collected
2307    fees to the state attorneys of the 20 judicial circuits for
2308    investigating and prosecuting cases of motor vehicle insurance
2309    fraud. The state attorneys must adopt an allocation formula that
2310    ensures equitable distribution among the 20 circuits which
2311    includes, but is not limited to, the population area served. The
2312    remaining 5 percent shall be remitted to the Office of Statewide
2313    Prosecution for investigating and prosecuting cases of motor
2314    vehicle insurance fraud. No later than July 1, 2005, the state
2315    attorneys and the Office of Statewide Prosecutor must provide a
2316    report to the President of the Senate and the Speaker of the
2317    House of Representatives evaluating the effectiveness of the
2318    investigation, detection, and prosecution of motor vehicle
2319    insurance fraud as it related to the moneys generated by the
2320    per-policy fee.
2321         
2322          For the purposes of this section and ss. 626.7453 and 626.7454,
2323    the term "controlling person" or "controlling" has the meaning
2324    set forth in s. 625.012(5)(b)1., and the term "controlled
2325    person" or "controlled" has the meaning set forth in s.
2326    625.012(5)(b)2.
2327          Section 78. Section 624.4623, Florida Statutes, is created
2328    to read:
2329          624.4623 Independent Educational Institution Self-
2330    Insurance Funds--
2331          (1) Notwithstanding any other provision of law, any two or
2332    more independent nonprofit colleges or universities accredited
2333    by the Commission on Colleges of the Southern Association of
2334    Colleges and Schools or independent, nonprofit, accredited
2335    secondary educational institutions, located in and chartered by
2336    the state of Florida, may form a self-insurance fund for the
2337    purpose of pooling and spreading liabilities of its group
2338    members in any property or casualty risk or surety insurance or
2339    securing the payment of benefits under chapter 440, provided the
2340    independent educational institution self-insurance fund that is
2341    created must:
2342          (a) Have annual normal premiums in excess of $5 million;
2343          (b) Maintain a continuing program of excess insurance
2344    coverage and reserve evaluation to protect the financial
2345    stability of the fund in an amount and manner determined by a
2346    qualified and independent actuary;
2347          (c) Submit annually an audited fiscal year-end financial
2348    statement by an independent certified public accountant within 6
2349    months after the end of the fiscal year to the office; and
2350          (d) Have a governing body which is comprised entirely of
2351    independent educational institution officials.
2352          (2) An independent educational institution self-insurance
2353    fund that meets the requirements of this section is not subject
2354    to s. 624.4621 and is not required to file any report with the
2355    department under s. 440.38(2)(b) which is uniquely required of
2356    group self-insurer funds qualified under s. 624.4621. If any of
2357    the requirements of this section are not met, the independent
2358    educational self-insurance fund is subject to the requirements
2359    of s. 624.4621.
2360          Section 79. Present subsections (6), (7), (8), (9), and
2361    (10) are renumbered (7), (8), (9), (10), and (11), respectively,
2362    and new subsection (6) is added to section 624.81, Florida
2363    Statutes, to read:
2364          624.81 Notice to comply with written requirements of
2365    department; noncompliance.--
2366          (6) Any insurer subject to administrative supervision is
2367    expected to avail itself of all reasonably available
2368    reinsurance. Reasonably available reinsurance shall include
2369    unrealized reinsurance, which is defined as reinsurance
2370    recoverable on known losses incurred and due under valid
2371    reinsurance contracts that have not been identified in the
2372    normal course of business and have not been reported in
2373    financial statements filed with the Office of Insurance
2374    Regulation. Within 90 days of being placed under administrative
2375    supervision, the insurer shall certify to the Director of the
2376    Office of Insurance Regulation that the insurer has engaged an
2377    independent third party to search for unrealized reinsurance,
2378    and that the insurer has made all relevant books and records
2379    available to the third party. The compensation to the third
2380    party may be a percentage of unrealized reinsurance identified
2381    and collected.
2382          (7)(6)If the department and the insurer are unable to
2383    agree on the provisions of the plan, the department may require
2384    the insurer to take such corrective action as may be reasonably
2385    necessary to remove the causes and conditions giving rise to the
2386    need for administrative supervision.
2387          (8)(7)The insurer shall have 60 days, or a longer period
2388    of time as designated by the department but not to exceed 120
2389    days, after the date of the written agreement or the receipt of
2390    the department's plan within which to comply with the
2391    requirements of the department. At the conclusion of the
2392    initial period of supervision, the department may extend the
2393    supervision in increments of 60 days or longer, not to exceed
2394    120 days, if conditions justifying supervision exist. Each
2395    extension of supervision shall provide the insurer with a point
2396    of entry pursuant to chapter 120.
2397          (9)(8)The initiation or pendency of administrative
2398    proceedings arising from actions taken under this section shall
2399    not preclude the department from initiating judicial proceedings
2400    to place an insurer in conservation, rehabilitation, or
2401    liquidation or initiating other delinquency proceedings however
2402    designated under the laws of this state.
2403          (10)(9)If it is determined that the conditions giving
2404    rise to administrative supervision have been remedied so that
2405    the continuance of its business is no longer hazardous to the
2406    public or to its insureds, the department shall release the
2407    insurer from supervision.
2408          (11)(10)The department may adopt rules to define
2409    standards of hazardous financial condition and corrective action
2410    substantially similar to that indicated in the National
2411    Association of Insurance Commissioners' 1997 "Model Regulation
2412    to Define Standards and Commissioner's Authority for Companies
2413    Deemed to be in Hazardous Financial Condition," which are
2414    necessary to implement the provisions of this part.
2415          Section 80. Paragraph (x) of subsection (1) of section
2416    626.9541, Florida Statutes, is amended to read:
2417          626.9541 Unfair methods of competition and unfair or
2418    deceptive acts or practices defined.--
2419          (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
2420    ACTS.--The following are defined as unfair methods of
2421    competition and unfair or deceptive acts or practices:
2422          (x) Refusal to insure.--In addition to other provisions of
2423    this code, the refusal to insure, or continue to insure, any
2424    individual or risk solely because of:
2425          1. Race, color, creed, marital status, sex, or national
2426    origin;
2427          2. The residence, age, or lawful occupation of the
2428    individual or the location of the risk, unless there is a
2429    reasonable relationship between the residence, age, or lawful
2430    occupation of the individual or the location of the risk and the
2431    coverage issued or to be issued;
2432          3. The insured's or applicant's failure to agree to place
2433    collateral business with any insurer, unless the coverage
2434    applied for would provide liability coverage which is excess
2435    over that provided in policies maintained on property or motor
2436    vehicles;
2437          4. The insured's or applicant's failure to purchase
2438    noninsurance services or commodities, including automobile
2439    services as defined in s. 624.124; or
2440          5. The fact that the insured or applicant is a public
2441    official; or
2442          6.5.The fact that the insured or applicant had been
2443    previously refused insurance coverage by any insurer, when such
2444    refusal to insure or continue to insure for this reason occurs
2445    with such frequency as to indicate a general business practice.
2446    Section 81. This act shall take effect upon becoming a
2447    law.