HB 0625 2003
1	CHAMBER ACTION
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6	The Committee on Insurance recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to personal accident insurance agent
12	limited licenses; amending s. 626.321, F.S.; revising
13	criteria for issuing an agent’s license for limited
14	classes of business relating to insurance sales incidental
15	to the rental or lease of motor vehicles; providing
16	additional license application requirements; providing an
17	effective date.
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19	Be It Enacted by the Legislature of the State of Florida:
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21	Section 1. Paragraphs (c) and (d) of subsection (1) of
22	section 626.321, Florida Statutes, are amended to read:
23	626.321 Limited licenses.--
24	(1) The department shall issue to a qualified individual,
25	or a qualified individual or entity under paragraphs (c), (d),
26	(e), and (i), a license as agent authorized to transact a
27	limited class of business in any of the following categories:
28	(c) Personal accident insurance.--License covering only
29	policies of personal accident insurance covering the risks of
30	travel, except as provided in subparagraph 2. The license may be
31	issued only:
32	1. To a full-time salaried employee of a common carrier or
33	a full-time salaried employee or owner of a transportation
34	ticket agency and may authorize the sale of such ticket policies
35	only in connection with the sale of transportation tickets, or
36	to the full-time salaried employee of such an agent. No such
37	policy shall be for a duration of more than 48 hours or for the
38	duration of a specified one-way trip or round trip.
39	2. To a full-time salaried employee of a business which
40	offers motor vehicles for rent or lease, or to a business office
41	of a business entitywhich offers motor vehicles for rent or
42	lease if insurance sales activities authorized by the license
43	are in connection with and incidental to the rental of a motor
44	vehiclelimited to full-time salaried employees. An entity
45	applying for a license under this section:
46	a. Is required to submit only one application for a
47	license under s. 626.171. The requirements of s. 626.171(5)
48	shall only apply to the officers and directors of the entity
49	submitting the application.
50	b. Is required to obtain a license for each office, branch
51	office, or place of business making use of the entity’s business
52	name by applying to the department for the license on a
53	simplified application form developed by rule of the department
54	for this purpose.
55	c. Is required to pay the applicable fees for a license as
56	prescribed in s. 624.501, be appointed under s. 626.112, and pay
57	the prescribed appointment fee under s. 624.501. A licensed and
58	appointed entity shall be directly responsible and accountable
59	for all acts of the licensee’s employees.
60	3. A business entityoffice licensed or a person licensed
61	pursuant to this subparagraphmay, as an agent of an insurer,
62	transact insurance that provides coverage for accidental
63	personal injury or death of the lessee and any passenger who is
64	riding or driving with the covered lessee in the rental motor
65	vehicle if the lease or rental agreement is for not more than 30
66	days, or if the lessee is not provided coverage for more than 30
67	consecutive days per lease period; however, if the lease is
68	extended beyond 30 days, the coverage may be extended one time
69	only for a period not to exceed an additional 30 days.
70	(d) Baggage and motor vehicle excess liability
71	insurance.--
72	1. License covering only insurance of personal effects
73	except as provided in subparagraph 2. The license may be issued
74	only:
75	a. To a full-time salaried employee of a common carrier or
76	a full-time salaried employee or owner of a transportation
77	ticket agency, which person is engaged in the sale or handling
78	of transportation of baggage and personal effects of travelers,
79	and may authorize the sale of such insurance only in connection
80	with such transportation; or
81	b. To the full-time salaried employee of a licensed
82	general lines agent, a full-time salaried employee of a business
83	which offers motor vehicles for rent or lease, or to a business
84	office of a business entitywhich offers motor vehicles for rent
85	or lease if insurance sales activities authorized by the license
86	are in connection with and incidental to the rental of a motor
87	vehiclelimited to full-time salaried employees. An entity
88	applying for a license under this section:
89	(I) Is required to submit only one application for a
90	license under s. 626.171. The requirements of s. 626.171(5)
91	shall only apply to the officers and directors of the entity
92	submitting the application.
93	(II) Is required to obtain a license for each office,
94	branch office, or place of business making use of the entity’s
95	business name by applying to the department for the license on a
96	simplified application form developed by rule of the department
97	for this purpose.
98	(III) Is required to pay the applicable fees for a license
99	as prescribed in s. 624.501, be appointed under s. 626.112, and
100	pay the prescribed appointment fee under s. 624.501. A licensed
101	and appointed entity shall be directly responsible and
102	accountable for all acts of the licensee’s employees.
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104	The business entity offeringpurchaser of baggageinsurance
105	shall make availablebe provided written information disclosing
106	that states thatthe insured's homeowner's policy may provide
107	coverage for loss of personal effects and that the purchase of
108	such insurance is not required in connection with the purchase
109	of tickets or in connection with the lease or rental of a motor
110	vehicle.
111	2. A business entityoffice licensed pursuant to
112	subparagraph 1., or a person licensed pursuant to subparagraph
113	1. who is a full-time salaried employee of a businesswhich
114	offers motor vehicles for rent or lease, may include lessees
115	under a master contract providing coverage to the lessor or may
116	transact excess motor vehicle liability insurance providing
117	coverage in excess of the standard liability limits provided by
118	the lessor in its lease to a person renting or leasing a motor
119	vehicle from the licensee's employer for liability arising in
120	connection with the negligent operation of the leased or rented
121	motor vehicle, provided that the lease or rental agreement is
122	for not more than 30 days; that the lessee is not provided
123	coverage for more than 30 consecutive days per lease period,
124	and, if the lease is extended beyond 30 days, the coverage may
125	be extended one time only for a period not to exceed an
126	additional 30 days; that the lessee is given written notice that
127	his or her personal insurance policy providing coverage on an
128	owned motor vehicle may provide additional excess coverage; and
129	that the purchase of the insurance is not required in connection
130	with the lease or rental of a motor vehicle. The excess
131	liability insurance may be provided to the lessee as an
132	additional insured on a policy issued to the licensee's
133	employer.
134	3. A business entityoffice licensed pursuant to
135	subparagraph 1., or a person licensed pursuant to subparagraph
136	1. who is a full-time salaried employee of a businesswhich
137	offers motor vehicles for rent or lease, may, as an agent of an
138	insurer, transact insurance that provides coverage for the
139	liability of the lessee to the lessor for damage to the leased
140	or rented motor vehicle if:
141	a. The lease or rental agreement is for not more than 30
142	days; or the lessee is not provided coverage for more than 30
143	consecutive days per lease period, but, if the lease is extended
144	beyond 30 days, the coverage may be extended one time only for a
145	period not to exceed an additional 30 days;
146	b. The business entity makes available information that
147	states that:
148	(I) The lessee’slessee is given written notice that his
149	or herpersonal insurance policy that provides coverage on an
150	owned motor vehicle may provide such coverage with or without a
151	deductible; and
152	(II)c.The purchase of the insurance is not required in
153	connection with the lease or rental of a motor vehicle.
154	Section 2. This act shall take effect upon becoming a law.