HB 0863 2003
1	A bill to be entitled
2	An act relating to insurance agents; amending ss. 624.04,
3	624.303, 624.313, 624.317, 624.504, 624.506, 624.521,
4	626.022, 626.112, 626.321, 626.733, 626.7354, 626.741,
5	626.753, 626.829, 634.171, 634.420, 642.034, 642.036, and
6	642.045, F.S.; deleting references to solicitors to
7	conform to prior deletions; amending ss. 624.34, 626.202,
8	and 626.601, F.S.; revising certain fingerprinting
9	requirements; amending s. 624.501, F.S.; providing for a
10	fee for certain late appointment filings; amending s.
11	626.015, F.S.; deleting a definition of administrative
12	agent; amending s. 626.171, F.S.; revising applicant
13	address requirements; specifying required background
14	investigation information; amending ss. 626.175, 626.7355,
15	626.731, 626.785, 626.831, 626.8414, 626.865, 626.866,
16	626.867, 626.874, 626.9916, 648.34, and 648.355, F.S.;
17	revising licensure eligibility criteria to specify United
18	States citizenship or certain legal alien status; amending
19	s. 626.207, F.S.; revising department rulemaking authority
20	relating to applicant licensure; amending s. 626.221,
21	F.S.; revising appointment application filing time period
22	requirements; amending s. 626.2815, F.S.; requiring
23	certain continuing education hour and subject
24	requirements; deleting references to solicitors to conform
25	to prior deletions; revising a continuing education board
26	member title; amending s. 626.2816, F.S.; revising a cross
27	reference; clarifying a continuing education requirement;
28	amending s. 626.2817, F.S.; deleting a prelicensure rule
29	requirement; amending s. 626.322, F.S.; clarifying the
30	effect of insurer authorization of effectuation of certain
31	appointments; amending s. 626.341, F.S.; including a
32	department-designated person to administer appointment
33	processes for certain appointment-related actions;
34	amending s. 626.371, F.S.; providing requirements for
35	submittal and effective date of appointments; imposing a
36	delinquent fee for certain notification failures;
37	providing fee payment requirements; amending s. 626.381,
38	F.S.; including a department-designated person to
39	administer appointment processes for certain appointment-
40	related actions; providing for a fee for certain late
41	appointment filings; amending s. 626.451, F.S.; including
42	a department-designated person to administer appointment
43	processes for certain appointment-related actions;
44	clarifying the effect of insurer authorization of
45	effectuation of certain appointments; requiring licensee
46	notification of the department of certain criminal
47	proceedings; amending s. 626.461, F.S.; including a
48	department-designated person to administer appointment
49	processes for certain appointment-related actions;
50	deleting references to solicitors to conform to prior
51	deletions; amending s. 626.471, F.S.; including a
52	department-designated person to administer appointment
53	processes for certain appointment-related actions;
54	providing for termination of certain appointments;
55	requiring notice of termination; amending s. 626.7315,
56	F.S.; providing an exception to a prohibition against
57	certain individuals receiving money on account of or for
58	an insurer; amending ss. 626.732, 626.7851, 626.8311, and
59	626.8417, F.S.; revising certain education subject
60	requirements; amending s. 626.7351, F.S.; revising
61	licensure eligibility criteria to specify United States
62	citizenship or certain legal alien status; revising
63	certain education subject requirements; providing
64	additional education course requirements; amending s.
65	626.797, F.S.; revising an association title; amending s.
66	626.869, F.S.; deleting a provision relating to limited
67	licenses for certain adjusters; revising certain education
68	requirements; amending s. 626.878, F.S.; specifying
69	implementation requirements for the department’s ethics
70	rules; amending s. 626.9541, F.S.; revising sliding as an
71	unfair method of competition and unfair or deceptive act
72	or practice; amending s. 632.634, F.S.; specifying
73	registration of a society only upon department request;
74	amending s. 648.27, F.S.; imposing a delinquent fee for
75	certain notification failures; providing fee payment
76	requirements; deleting obsolete runner references;
77	amending s. 648.382, F.S.; clarifying the effect of
78	insurer authorization of effectuation of certain
79	appointments; imposing a delinquent fee for certain
80	notification failures; providing fee payment requirements;
81	amending s. 648.383, F.S.; including a department-
82	designated person to administer appointment processes for
83	certain appointment-related actions; providing for a fee
84	for certain late appointment filings; amending s. 648.50,
85	F.S.; deleting obsolete runner references; repealing s.
86	626.032, F.S., relating to continuing education and
87	required designation of administrative agents; repealing
88	s. 626.361, F.S., relating to the effective date of
89	appointments; providing an effective date.
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1. Section 624.04, Florida Statutes, is amended to
94	read:
95	624.04 "Person" defined.--"Person" includes an individual,
96	insurer, company, association, organization, Lloyds, society,
97	reciprocal insurer or interinsurance exchange, partnership,
98	syndicate, business trust, corporation, agent, general agent,
99	broker, solicitor,service representative, adjuster, and every
100	legal entity.
101	Section 2. Subsection (2) of section 624.303, Florida
102	Statutes, is amended to read:
103	624.303 Seal; certified copies as evidence.--
104	(2) All certificates executed by the department, other
105	than licenses of agents, solicitors,or adjusters or similar
106	licenses or permits, shall bear its seal.
107	Section 3. Paragraph (a) of subsection (2) of section
108	624.313, Florida Statutes, is amended to read:
109	624.313 Publications.--
110	(2) The department may prepare and have printed and
111	published in pamphlet or book form the following:
112	(a) As needed, questions and answers for the use of
113	persons applying for an examination for licensing as agents or
114	solicitorsfor property, casualty, surety, health, and
115	miscellaneous insurers.
116	Section 4. Subsection (2) of section 624.317, Florida
117	Statutes, is amended to read:
118	624.317 Investigation of agents, adjusters,
119	administrators, service companies, and others.--If it has reason
120	to believe that any person has violated or is violating any
121	provision of this code, or upon the written complaint signed by
122	any interested person indicating that any such violation may
123	exist, the department shall conduct such investigation as it
124	deems necessary of the accounts, records, documents, and
125	transactions pertaining to or affecting the insurance affairs of
126	any:
127	(2) Insurance agent or, customer representative, or
128	solicitor, subject to the requirements of s. 626.601.
129	Section 5. Subsection (4) is added to section 624.34,
130	Florida Statutes, to read:
131	624.34 Authority of Department of Law Enforcement to
132	accept fingerprints of, and exchange criminal history records
133	with respect to, certain persons.--
134	(4) Fingerprints shall be provided in a manner that meets
135	standards of the Florida Department of Law Enforcement and the
136	Federal Bureau of Investigation.
137	Section 6. Paragraph (b) of subsection (6) of section
138	624.501, Florida Statutes, is amended, and subsection (28) is
139	added to said section, to read:
140	624.501 Filing, license, appointment, and miscellaneous
141	fees.--The department shall collect in advance, and persons so
142	served shall pay to it in advance, fees, licenses, and
143	miscellaneous charges as follows:
144	(6) Insurance representatives, property, marine, casualty,
145	and surety insurance.
146	(b) Solicitor's orCustomer representative's original
147	appointment and biennial renewal or continuation thereof:
148	Appointment fee $42.00
149	State tax 12.00
150	County tax 6.00
151	Total $60.00
152	Original appointment and biennial renewal or
153	continuation thereof, each insurer or managing general agent,
154	whichever is applicable $60.00
155	(28) Late filing of appointment renewals for agents,
156	adjusters, and other insurance representatives, each
157	appointment.
158	$20.00
159	Section 7. Section 624.504, Florida Statutes, is amended
160	to read:
161	624.504 Liability for state, county tax.--
162	(1)Each authorized insurer that uses insurance agents in
163	this state shall be liable for and shall pay the state and
164	county taxes required therefor under s. 624.501 or s. 624.505.
165	(2) Each insurance agent in this state that uses
166	solicitors shall be liable for and shall pay the state and
167	county taxes required therefor under s. 624.501.
168	Section 8. Subsection (1) of section 624.506, Florida
169	Statutes, is amended to read:
170	624.506 County tax; deposit and remittance.--
171	(1) The Insurance Commissioner and Treasurer shall deposit
172	in the Agents and SolicitorsCounty Tax Trust Fund all moneys
173	accepted as county tax under this part. She or he shall keep a
174	separate account for all moneys so collected for each county
175	and, after deducting therefrom the service charges provided for
176	in s. 215.20, shall remit the balance to the counties.
177	Section 9. Subsection (1) of section 624.521, Florida
178	Statutes, is amended to read:
179	624.521 Deposit of certain tax receipts; refund of
180	improper payments.--
181	(1) The Department of Insurance shall promptly deposit in
182	the State Treasury to the credit of the Insurance Commissioner's
183	Regulatory Trust Fund all "state tax" portions of agents' and
184	solicitors'licenses collected under s. 624.501 necessary to
185	fund the Division of Insurance Fraud. The balance of the tax
186	shall be credited to the General Fund. All moneys received by
187	the Department of Insurance not in accordance with the
188	provisions of this code or not in the exact amount as specified
189	by the applicable provisions of this code shall be returned to
190	the remitter. The records of the department shall show the date
191	and reason for such return.
192	Section 10. Section 626.015, Florida Statutes, is amended
193	to read:
194	626.015 Definitions.--As used in this part:
195	(1) "Adjuster" means a public adjuster as defined in s.
196	626.854, independent adjuster as defined in s. 626.855, or
197	company employee adjuster as defined in s. 626.856.
198	(2) "Administrative agent" means a life agent or health
199	agent who:
200	(a) Is employed by a full-time licensed life agent or
201	health agent who shall supervise and be accountable for the
202	actions of the administrative agent.
203	(b) Performs primarily administrative functions.
204	(c) Receives no insurance commissions.
205	(d) Does not solicit or transact business outside of the
206	confines of an insurance agency office.
207	(2)(3)"Agent" means a general lines agent, life agent,
208	health agent, or title agent, or all such agents, as indicated
209	by context. The term "agent" includes an insurance producer or
210	producer, but does not include a customer representative,
211	limited customer representative, or service representative.
212	(3)(4)"Appointment" means the authority given by an
213	insurer or employer to a licensee to transact insurance or
214	adjust claims on behalf of an insurer or employer.
215	(4)(5)"Customer representative" means an individual
216	appointed by a general lines agent or agency to assist that
217	agent or agency in transacting the business of insurance from
218	the office of that agent or agency.
219	(5)(6)"Department" means the Department of Insurance.
220	(6)(7)"General lines agent" means an agent transacting
221	any one or more of the following kinds of insurance:
222	(a) Property insurance.
223	(b) Casualty insurance, including commercial liability
224	insurance underwritten by a risk retention group, a commercial
225	self-insurance fund as defined in s. 624.462, or a workers'
226	compensation self-insurance fund established pursuant to s.
227	624.4621.
228	(c) Surety insurance.
229	(d) Health insurance, when transacted by an insurer also
230	represented by the same agent as to property or casualty or
231	surety insurance.
232	(e) Marine insurance.
233	(7)(8)"Health agent" means an agent representing a health
234	maintenance organization or, as to health insurance only, an
235	insurer transacting health insurance.
236	(8)(9)"Home state" means the District of Columbia and any
237	state or territory of the United States in which an insurance
238	agent maintains his or her principal place of residence and is
239	licensed to act as an insurance agent.
240	(9)(10)"Insurance agency" means a business location at
241	which an individual, firm, partnership, corporation,
242	association, or other entity, other than an employee of the
243	individual, firm, partnership, corporation, association, or
244	other entity and other than an insurer as defined by s. 624.03
245	or an adjuster as defined by subsection (1), engages in any
246	activity or employs individuals to engage in any activity which
247	by law may be performed only by a licensed insurance agent.
248	(10)(11)"License" means a document issued by the
249	department authorizing a person to be appointed to transact
250	insurance or adjust claims for the kind, line, or class of
251	insurance identified in the document.
252	(11)(12)"Life agent" means an individual representing an
253	insurer as to life insurance and annuity contracts, including
254	agents appointed to transact life insurance, fixed-dollar
255	annuity contracts, or variable contracts by the same insurer.
256	(12)(13)"Limited customer representative" means a
257	customer representative appointed by a general lines agent or
258	agency to assist that agent or agency in transacting only the
259	business of private passenger motor vehicle insurance from the
260	office of that agent or agency. A limited customer
261	representative is subject to the Florida Insurance Code in the
262	same manner as a customer representative, unless otherwise
263	specified.
264	(13)(14)"Limited lines insurance" means those categories
265	of business specified in ss. 626.321 and 635.011.
266	(14)(15)"Line of authority" means a kind, line, or class
267	of insurance an agent is authorized to transact.
268	(15)(16)(a) "Managing general agent" means any person
269	managing all or part of the insurance business of an insurer,
270	including the management of a separate division, department, or
271	underwriting office, and acting as an agent for that insurer,
272	whether known as a managing general agent, manager, or other
273	similar term, who, with or without authority, separately or
274	together with affiliates, produces directly or indirectly, or
275	underwrites an amount of gross direct written premium equal to
276	or more than 5 percent of the policyholder surplus as reported
277	in the last annual statement of the insurer in any single
278	quarter or year and also does one or more of the following:
279	1. Adjusts or pays claims.
280	2. Negotiates reinsurance on behalf of the insurer.
281	(b) The following persons shall not be considered managing
282	general agents:
283	1. An employee of the insurer.
284	2. A United States manager of the United States branch of
285	an alien insurer.
286	3. An underwriting manager managing all the insurance
287	operations of the insurer pursuant to a contract, who is under
288	the common control of the insurer subject to regulation under
289	ss. 628.801-628.803, and whose compensation is not based on the
290	volume of premiums written.
291	4. Administrators as defined by s. 626.88.
292	5. The attorney in fact authorized by and acting for the
293	subscribers of a reciprocal insurer under powers of attorney.
294	(16)(17)"Resident" means an individual domiciled and
295	residing in this state.
296	(17)(18)"Service representative" means an individual
297	employed by an insurer or managing general agent for the purpose
298	of assisting a general lines agent in negotiating and effecting
299	insurance contracts when accompanied by a licensed general lines
300	agent. A service representative shall not be simultaneously
301	licensed as a general lines agent in this state. This subsection
302	does not apply to life insurance.
303	(18)(19)"Uniform application" means the uniform
304	application of the National Association of Insurance
305	Commissioners for nonresident agent licensing, effective January
306	15, 2001, or subsequent versions adopted by rule by the
307	department.
308	Section 11. Subsection (1) of section 626.022, Florida
309	Statutes, is amended to read:
310	626.022 Scope of part.--
311	(1) This part applies as to insurance agents, solicitors,
312	service representatives, adjusters, and insurance agencies; as
313	to any and all kinds of insurance; and as to stock insurers,
314	mutual insurers, reciprocal insurers, and all other types of
315	insurers, except that:
316	(a) It does not apply as to reinsurance, except that ss.
317	626.011-626.031, ss. 626.102-626.181, ss. 626.191-626.211, ss.
318	626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541-
319	626.591, and ss. 626.601-626.711 shall apply as to reinsurance
320	intermediaries as defined in s. 626.7492.
321	(b) The applicability of this chapter as to fraternal
322	benefit societies shall be as provided in chapter 632.
323	(c) It does not apply to a bail bond agent, as defined in
324	s. 648.25, except as provided in chapter 648 or chapter 903.
325	(d) This part does not apply to a certified public
326	accountant licensed under chapter 473 who is acting within the
327	scope of the practice of public accounting, as defined in s.
328	473.302, provided that the activities of the certified public
329	accountant are limited to advising a client of the necessity of
330	obtaining insurance, the amount of insurance needed, or the line
331	of coverage needed, and provided that the certified public
332	accountant does not directly or indirectly receive or share in
333	any commission or, referral fee, or solicitor's fee.
334	Section 12. Paragraph (a) of subsection (7) of section
335	626.112, Florida Statutes, is amended to read:
336	626.112 License and appointment required; agents, customer
337	representatives, adjusters, insurance agencies, service
338	representatives, managing general agents.--
339	(7)(a) No individual, firm, partnership, corporation,
340	association, or any other entity shall act in its own name or
341	under a trade name, directly or indirectly, as an insurance
342	agency, when required to be licensed by this subsection, unless
343	it complies with s. 626.172 with respect to possessing an
344	insurance agency license for each place of business at which it
345	engages in any activity which may be performed only by a
346	licensed insurance agent or solicitor.
347	Section 13. Paragraph (a) of subsection (2) and subsection
348	(5) of section 626.171, Florida Statutes, are amended to read:
349	626.171 Application for license.--
350	(2) In the application, the applicant shall set forth:
351	(a) His or her full name, age, social security number,
352	residence address, and place of business address, and mailing
353	address.
354	(5) An application for a license as an agent, customer
355	representative, adjuster, insurance agency, service
356	representative, managing general agent, or reinsurance
357	intermediary must be accompanied by a set of the individual
358	applicant's fingerprints, or, if the applicant is not an
359	individual, by a set of the fingerprints of the sole proprietor,
360	majority owner, partners, officers, and directors, on a form
361	adopted by rule of the department and accompanied by the
362	fingerprint processing fee set forth in s. 624.501. For the
363	purposes of this subsection, background investigations shall
364	include, but not be limited to, fingerprinting for all purposes
365	and checks under this subsection, statewide criminal records
366	checks through the Florida Department of Law Enforcement, and
367	federal criminal records checks through the Federal Bureau of
368	Investigation and may include local criminal records checks
369	through local law enforcement agencies.The fingerprints shall
370	be takencertified by a law enforcement agency or other
371	department-approved entityofficer.
372	Section 14. Subsection (1) of section 626.175, Florida
373	Statutes, is amended to read:
374	626.175 Temporary licensing.--
375	(1) The department may issue a nonrenewable temporary
376	license for a period not to exceed 6 months authorizing
377	appointment of a general lines insurance agent or a life agent,
378	or an industrial fire or burglary agent, subject to the
379	conditions described in this section. The fees paid for a
380	temporary license and appointment shall be as specified in s.
381	624.501. Fees paid shall not be refunded after a temporary
382	license has been issued.
383	(a) An applicant for a temporary license must be:
384	1. A natural person at least 18 years of age.
385	2. A United States citizen or legal alien who possesses
386	work authorization from the United States Immigration and
387	Naturalization Service.
388	(b)(a)1. In the case of a general lines agent, the
389	department may issue a temporary license to an employee, a
390	family member, a business associate, or a personal
391	representative of a licensed general lines agent for the purpose
392	of continuing or winding up the business affairs of the agent or
393	agency in the event the licensed agent has died or become unable
394	to perform his or her duties because of military service or
395	illness or other physical or mental disability, subject to the
396	following conditions:
397	a. No other individual connected with the agent's business
398	may be licensed as a general lines agent.
399	b. The proposed temporary licensee shall be qualified for
400	a regular general lines agent license under this code except as
401	to residence, examination, education, or experience.
402	c. Application for the temporary license shall have been
403	made by the applicant upon statements and affidavit filed with
404	the department on forms prescribed and furnished by the
405	department.
406	d. Under a temporary license and appointment, the licensee
407	shall not represent any insurer not last represented by the
408	agent being replaced and shall not be licensed or appointed as
409	to any additional kind, line, or class of insurance other than
410	those covered by the last existing agency appointments of the
411	replaced agent. If an insurer withdraws from the agency during
412	the temporary license period, the temporary licensee may be
413	appointed by another similar insurer but only for the period
414	remaining under the temporary license.
415	2. A regular general lines agent license may be issued to
416	a temporary licensee upon meeting the qualifications for a
417	general lines agent license under s. 626.731.
418	(c)(b)In the case of a life agent, the department may
419	issue a temporary license:
420	1. To the executor or administrator of the estate of a
421	deceased individual licensed and appointed as a life agent at
422	the time of death;
423	2. To a surviving next of kin of the deceased individual,
424	if no administrator or executor has been appointed and
425	qualified; however, any license and appointment under this
426	subparagraph shall be canceled upon issuance of a license to an
427	executor or administrator under subparagraph 1.; or
428	3. To an individual otherwise qualified to be licensed as
429	an agent who has completed the educational or training
430	requirements prescribed in s. 626.7851 and has successfully sat
431	for the required examination prior to termination of such 6-
432	month period. The department may issue this temporary license
433	only in the case of a life agent to represent an insurer of the
434	industrial or ordinary-combination class.
435	(d)(c)In the case of a limited license authorizing
436	appointment as an industrial fire or burglary agent, the
437	department may issue a temporary license to an individual
438	otherwise qualified to be licensed as an agent who has completed
439	the educational or training requirements prescribed in s.
440	626.732 and has successfully sat for the required examination
441	prior to termination of the 6-month period.
442	Section 15. Section 626.202, Florida Statutes, is amended
443	to read:
444	626.202 Fingerprinting requirements.--If there is a change
445	in ownership or control of any entity licensed under this
446	chapter, or if a new partner, officer, or director is employed
447	or appointed, a set of fingerprints of the new owner, partner,
448	officer, or director must be filed with the department within 30
449	days after the change. The acquisition of 10 percent or more of
450	the voting securities of a licensed entity is considered a
451	change of ownership or control. The fingerprints must be taken
452	certified by a law enforcement agency or other department-
453	approved entityofficerand be accompanied by the fingerprint
454	processing fee in s. 624.501.
455	Section 16. Subsection (1) of section 626.207, Florida
456	Statutes, is amended to read:
457	626.207 Department rulemaking authority; waiting periods
458	for applicants; penalties against licensees.--
459	(1) The department shall adopt rules establishing specific
460	waiting periods for applicants to become eligible for licensure
461	as provided in the Florida Insurance Codefollowing denial,
462	suspension, or revocation pursuant to s. 626.611, s. 626.621, s.
463	626.8437, s. 626.844, s. 626.935, s. 626.9917, s. 634.181, s.
464	634.191, s. 634.320, s. 634.321, s. 634.422, s. 634.423, s.
465	642.041, or s. 642.043. The purpose of the waiting periods is to
466	provide sufficient time to demonstrate reformation of character
467	and rehabilitation. The waiting periods shall vary based on the
468	type of conduct and the length of time since the conduct
469	occurred and shall also be based on the probability that the
470	propensity to commit illegal conduct has been overcome. The
471	waiting periods may be adjusted based on aggravating and
472	mitigating factors established by rule and consistent with this
473	purpose.
474	Section 17. Paragraphs (e), (f), and (g) of subsection (2)
475	of section 626.221, Florida Statutes, are amended to read:
476	626.221 Examination requirement; exemptions.--
477	(2) However, no such examination shall be necessary in any
478	of the following cases:
479	(e) An individual who qualified as a managing general
480	agent, service representative, customer representative, or all-
481	lines adjuster by passing a general lines agent's examination
482	and subsequently was licensed and appointed and has been
483	actively engaged in all lines of property and casualty insurance
484	may, upon filing an application for appointment, be licensed and
485	appointed as a general lines agent for the same kinds of
486	business without taking another examination if he or she holds
487	any such currently effective license referred to in this
488	paragraph or held the license within 4824months prior to the
489	date of filing the application with the department.
490	(f) A person who has been licensed and appointed by the
491	department as a public adjuster or independent adjuster, or
492	licensed and appointed either as an agent or company adjuster as
493	to all property, casualty, and surety insurances, may be
494	licensed and appointed as a company adjuster as to any of such
495	insurances, or as an independent adjuster or public adjuster,
496	without additional written examination if an application for
497	appointment is filed with the department within 4824months
498	following the date of cancellation or expiration of the prior
499	appointment.
500	(g) A person who has been licensed by the department as an
501	adjuster for motor vehicle, property and casualty, workers'
502	compensation, and health insurance may be licensed as such an
503	adjuster without additional written examination if his or her
504	application for appointment is filed with the department within
505	4824months after cancellation or expiration of the prior
506	license.
507	Section 18. Paragraphs (a), (c), and (d) of subsection
508	(3), paragraphs (a), (b), (c), (d), (g), (h), and (i) of
509	subsection (4), and paragraph (b) of subsection (6) of section
510	626.2815, Florida Statutes, are amended to read:
511	626.2815 Continuing education required; application;
512	exceptions; requirements; penalties.--
513	(3)(a) Each person subject to the provisions of this
514	section must, except as set forth in paragraphs (b) and (c),
515	complete a minimum of 2428hours of continuing education
516	courses every 2 years in basic or higher-level courses
517	prescribed by this section or in other courses approved by the
518	department. Each person subject to the provisions of this
519	section must complete, as part of his or hertheirrequired
520	number of continuing education hours, 3 hours of continuing
521	education, approved by the department, every 2 years on the
522	subject matter of ethics anda minimum of 2 hours of continuing
523	education, approved by the department, every 2 years on the
524	subject matter of unauthorized entities engaging in the business
525	of insurance. The scope of the topic of unauthorized entities
526	shall include the Florida Nonprofit Multiple Employer Welfare
527	Arrangement Act and the Employee Retirement Income Security Act,
528	29 U.S.C. ss. 1001 et seq., as it relates to the provision of
529	health insurance by employers to their employees and the
530	regulation thereof.
531	(c) A licensee who has been licensed for 25 years or more
532	and is a CLU or a CPCU or has a Bachelor of Science degree in
533	risk management or insurance with evidence of 18 or more
534	semester hours in upper-level insurance-related courses must
535	complete 1214hours of continuing education courses every 2
536	years in courses prescribed by this section or in other courses
537	approved by the department, except, for compliance periods
538	beginning January 1, 1998, the licensees described in this
539	paragraph shall be required to complete 10 hours of continuing
540	education courses every 2 years.
541	(d) Any person who holds a license as a customer
542	representative, limited customer representative, administrative
543	agent,title agent, motor vehicle physical damage and mechanical
544	breakdown insurance agent, crop or hail and multiple-peril crop
545	insurance agent, or as an industrial fire insurance or burglary
546	insurance agent and who is not a licensed life or health
547	insurance agent, shall be required to complete 1214hours of
548	continuing education courses every 2 years, except, for
549	compliance periods beginning on January 1, 1998, each licensee
550	subject to this paragraph shall be required to complete 10 hours
551	of continuing education courses every 2 years.
552	(4) The following courses may be completed in order to
553	meet the continuing education course requirements:
554	(a) Any part of the Life Underwriter Training Council Life
555	Course Curriculum: 2428 hours; Health Course: 1214hours.
556	(b) Any part of the American College "CLU" diploma
557	curriculum: 2428hours.
558	(c) Any part of the Insurance Institute of America's
559	program in general insurance: 1214hours.
560	(d) Any part of the American Institute for Property and
561	Liability Underwriters' Chartered Property Casualty Underwriter
562	(CPCU) professional designation program: 2428hours.
563	(g) In the case of title agents, completion of the
564	Certified Land Closer (CLC) professional designation program and
565	receipt of the designation: 2428hours.
566	(h) In the case of title agents, completion of the
567	Certified Land Searcher (CLS) professional designation program
568	and receipt of the designation: 2428hours.
569	(i) Any insurance-related course which is approved by the
570	department and taught by an accredited college or university per
571	credit hour granted: 1214hours.
572	(6)
573	(b) The board members shall be appointed as follows:
574	1. Seven members representing agents of which at least one
575	must be a representative from each of the following
576	organizations: the Florida Association of Insurance Agents; the
577	Florida Association of Insurance and Financial AdvisorsLife
578	Underwriters; the Professional Insurance Agents of Florida,
579	Inc.; the Florida Association of Health Underwriters; the
580	Specialty Agents' Association; the Latin American Agents'
581	Association; and the National Association of Insurance Women.
582	Such board members must possess at least a bachelor's degree or
583	higher from an accredited college or university with major
584	coursework in insurance, risk management, or education or
585	possess the designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In
586	addition, each member must possess 5 years of classroom
587	instruction experience or 5 years of experience in the
588	development or design of educational programs or 10 years of
589	experience as a licensed resident agent. Each organization may
590	submit to the department a list of recommendations for
591	appointment. If one organization does not submit a list of
592	recommendations, the Insurance Commissioner may select more than
593	one recommended person from a list submitted by other eligible
594	organizations.
595	2. Two members representing insurance companies at least
596	one of whom must represent a Florida Domestic Company and one of
597	whom must represent the Florida Insurance Council. Such board
598	members must be employed within the training department of the
599	insurance company. At least one such member must be a member of
600	the Society of Insurance Trainers and Educators.
601	3. One member representing the general public who is not
602	directly employed in the insurance industry. Such board member
603	must possess a minimum of a bachelor's degree or higher from an
604	accredited college or university with major coursework in
605	insurance, risk management, training, or education.
606	4. One member, appointed by the Insurance Commissioner,
607	who represents the department.
608	Section 19. Subsections (2) and (3) of section 626.2816,
609	Florida Statutes, are amended to read:
610	626.2816 Regulation of continuing education for licensees,
611	course providers, instructors, school officials, and monitor
612	groups.--
613	(2) The department shall adopt rules establishing
614	standards for the approval, regulation, and operation of the
615	continuing education programs and for the discipline of
616	licensees, course providers, instructors, school officials, and
617	monitor groups. The standards must be designed to ensure that
618	such course providers, instructors, school officials, and
619	monitor groups have the knowledge, competence, and integrity to
620	fulfill the educational objectives of ss. 626.2815,
621	626.869(4)(5), 648.385, and 648.386.
622	(3) The department shall adopt rules establishing a
623	process by which compliance with the continuing education
624	requirements of ss. 626.2815, 626.869(4)(5), 648.385, and
625	648.386 can be determined, the establishment of a continuing
626	education compliance periodrequirement cyclefor licensees, and
627	forms necessary to implement such a process.
628	Section 20. Subsection (3) of section 626.2817, Florida
629	Statutes, is amended to read:
630	626.2817 Regulation of course providers, instructors,
631	school officials, and monitor groups involved in prelicensure
632	education for insurance agents and other licensees.--
633	(3) The department shall adopt rules to establish a
634	process for determining compliance with the prelicensure
635	requirements of this chapter and chapter 648 and shall establish
636	a prelicensure cycle for insurance agents and other licensees.
637	The department shall adopt rules prescribing the forms necessary
638	to administer the prelicensure requirements.
639	Section 21. Paragraphs (a) and (e) of subsection (1) of
640	section 626.321, Florida Statutes, are amended to read:
641	626.321 Limited licenses.--
642	(1) The department shall issue to a qualified individual,
643	or a qualified individual or entity under paragraphs (c), (d),
644	(e), and (i), a license as agent authorized to transact a
645	limited class of business in any of the following categories:
646	(a) Motor vehicle physical damage and mechanical breakdown
647	insurance.--License covering insurance against only the loss of
648	or damage to any motor vehicle which is designed for use upon a
649	highway, including trailers and semitrailers designed for use
650	with such vehicles. Such license also covers insurance against
651	the failure of an original or replacement part to perform any
652	function for which it was designed. The applicant for such a
653	license shall pass a written examination covering motor vehicle
654	physical damage insurance and mechanical breakdown insurance. No
655	individual while so licensed shall hold a license as an agent or
656	solicitoras to any other or additional kind or class of
657	insurance coverage except as to a limited license for credit
658	life and disability insurances as provided in paragraph (e).
659	(e) Credit life or disability insurance.--License covering
660	only credit life or disability insurance. The license may be
661	issued only to an individual employed by a life or health
662	insurer as an officer or other salaried or commissioned
663	representative, to an individual employed by or associated with
664	a lending or financial institution or creditor, or to a lending
665	or financial institution or creditor, and may authorize the sale
666	of such insurance only with respect to borrowers or debtors of
667	such lending or financing institution or creditor. However, only
668	the individual or entity whose tax identification number is used
669	in receiving or is credited with receiving the commission from
670	the sale of such insurance shall be the licensed agent of the
671	insurer. No individual while so licensed shall hold a license as
672	an agent or solicitoras to any other or additional kind or
673	class of life or health insurance coverage. An entity holding a
674	limited license under this paragraph is also authorized to sell
675	credit insurance and credit property insurance. An entity
676	applying for a license under this section:
677	1. Is required to submit only one application for a
678	license under s. 626.171. The requirements of s. 626.171(5)
679	shall only apply to the officers and directors of the entity
680	submitting the application.
681	2. Is required to obtain a license for each office, branch
682	office, or place of business making use of the entity's business
683	name by applying to the department for the license on a
684	simplified form developed by rule of the department for this
685	purpose.
686	3. Is not required to pay any additional application fees
687	for a license issued to the offices or places of business
688	referenced in subsection (2), but is required to pay the license
689	fee as prescribed in s. 624.501, be appointed under s. 626.112,
690	and pay the prescribed appointment fee under s. 624.501. The
691	license obtained under this paragraph shall be posted at the
692	business location for which it was issued so as to be readily
693	visible to prospective purchasers of such coverage.
694	Section 22. Section 626.322, Florida Statutes, is amended
695	to read:
696	626.322 License, appointment; certain military
697	installations.--A natural person, not a resident of this state,
698	may be licensed and appointed to represent an authorized life
699	insurer domiciled in this state or an authorized foreign life
700	insurer which maintains a regional home office in this state,
701	provided such person represents such insurer exclusively at a
702	United States military installation located in a foreign
703	country. The department may, upon request of the applicant and
704	the insurer on application forms furnished by the department and
705	upon payment of fees as prescribed in s. 624.501, issue a
706	license and appointment to such person. By authorizing the
707	effectuation of an appointment for a license, the insurer is
708	thereby certifyingshall certifyto the department that the
709	applicant has the necessary training to hold himself or herself
710	out as a life insurance representative, and the insurer shall
711	further certify that it is willing to be bound by the acts of
712	such applicant within the scope of his or her employment.
713	Appointments shall be continued as prescribed in s. 626.381 and
714	upon payment of a fee as prescribed in s. 624.501, unless sooner
715	terminated. Such fees received shall be credited to the
716	Insurance Commissioner's Regulatory Trust Fund as provided for
717	in s. 624.523.
718	Section 23. Section 626.341, Florida Statutes, is amended
719	to read:
720	626.341 Additional appointments; general lines, life, and
721	health agents.--
722	(1) At any time while a licensee's license is in force, an
723	insurer may apply to the department or person designated by the
724	department to administer the appointment processon behalf of a
725	licensee for an additional appointment as general lines agent or
726	life or health agent for an additional insurer or insurers. The
727	application for appointment shall set forth all information the
728	department may require. Upon receipt of the appointment and
729	payment of the applicable appointment taxes and fees, the
730	department may issue the additional appointment without, in its
731	discretion, further investigation concerning the applicant.
732	(2) A life or health agent with an appointment in force
733	may solicit applications for policies of insurance on behalf of
734	an insurer with respect to which he or she is not an appointed
735	life or health agent, unless otherwise provided by contract, if
736	such agent simultaneously with the submission to such insurer of
737	the application for insurance solicited by him or her requests
738	the insurer to appoint him or her as agent. However, no
739	commissions shall be paid by such insurer to the agent until
740	such time as an additional appointment with respect to such
741	insurer has been received by the department or person designated
742	by the department to administer the appointment processpursuant
743	to the provisions of subsection (1).
744	Section 24. Section 626.371, Florida Statutes, is amended
745	to read:
746	626.371 Payment of fees, taxes for appointment period
747	without appointment.--
748	(1) All appointments shall be submitted to the department
749	on a monthly basis no later than 45 days after the date of
750	appointment. All appointments shall be effective as of the date
751	requested on the appointment form.
752	(2)If, upon application and qualification for an
753	appointment and such investigation as the department may make,
754	it appears to the department that an individual who was formerly
755	licensedappointedhas been actively engaged or is currently
756	actively engaged as such an appointee, but without being
757	appointed as required, the department may, if it finds that such
758	failure to be appointed was an inadvertent error on the part of
759	the insurer or employer so represented, nevertheless issue or
760	authorize the issuance ofthe appointment as applied for but
761	subject to the condition that, before the appointment is issued,
762	all fees and taxes which would have been due had the applicant
763	been so appointed during such current and prior periods,
764	together with a continuation fee for such current and prior
765	terms of appointment, shall be paid to the department.
766	(3) Failure to notify the department within the required
767	time period shall result in the appointing entity being assessed
768	a delinquent fee of $250. Delinquent fees shall be paid by the
769	appointing entity and shall not be charged to the appointee.
770	Section 25. Subsections (3) and (4) of section 626.381,
771	Florida Statutes, are amended to read:
772	626.381 Renewal, continuation, reinstatement, or
773	termination of appointment.--
774	(3) Renewal of an appointment which is received on a date
775	set forth by the department or person designated by the
776	department to administer the appointment processin the
777	succeeding month may be renewed by the department without
778	penalty and shall be effective as of the day the appointment
779	would have expired.
780	(4) Renewal of an appointment which is received by the
781	department or person designated by the department to administer
782	the appointment processafter the date set by the department may
783	be accepted and effectuated by the department in its discretion
784	if an additional appointment, late filing,continuation, and
785	reinstatement fee accompanies the renewal pursuant to s.
786	624.501. Late filing fees shall be paid by the appointing entity
787	and shall not be charged to the appointee.
788	Section 26. Subsections (1), (2), and (3) of section
789	626.451, Florida Statutes, are amended, and subsection (7) is
790	added to said section, to read:
791	626.451 Appointment of agent or other representative.--
792	(1) Each appointing entity or person designated by the
793	department to administer the appointment processappointing an
794	agent, adjuster, service representative, customer
795	representative, or managing general agent in this state shall
796	file the appointment with the department and, at the same time,
797	pay the applicable appointment fee and taxes. Every appointment
798	shall be subject to the prior issuance of the appropriate
799	agent's, adjuster's, service representative's, customer
800	representative's, or managing general agent's license.
801	(2) By authorizing the effectuation of an appointment for
802	a licensee, the appointing entity is thereby certifying to the
803	department that an investigation of the licensee has been made
804	As a part of each appointment there shall be a certified
805	statement or affidavit of an appropriate officer or official of
806	the appointing entity stating what investigation the appointing
807	entity has made concerning the proposed appointee and his or her
808	background and that in the appointing entity's opinion andto
809	the best of its knowledge and belief, the licensee is of goodas
810	to the moral character and reputation, is fit to engage in the
811	insurance businessfitness, and reputation of the proposed
812	appointeeand any other information the department may
813	reasonably require the appointing entity to provide the
814	departmentrelative to the proposed appointee.
815	(3) By authorizing the effectuation ofInthe appointment
816	of an agent, adjuster, service representative, customer
817	representative, or managing general agent the appointing entity
818	is thereby certifying to the departmentshall also certify
819	thereinthat it is willing to be bound by the acts of the agent,
820	adjuster, service representative, customer representative, or
821	managing general agent, within the scope of the licensee’shis
822	or heremployment.
823	(7) Each licensee shall advise the department in writing
824	within 30 days after having been found guilty of or having
825	pleaded guilty or nolo contendere to a felony or a crime
826	punishable by imprisonment of 1 year or more under the laws of
827	the United States, any state of the United States, or any other
828	country, without regard to whether a judgment of conviction has
829	been entered by the court having jurisdiction of such cases.
830	Section 27. Section 626.461, Florida Statutes, is amended
831	to read:
832	626.461 Continuation of appointment of agent or other
833	representative.--Subject to renewal or continuation by the
834	appointing entity, the appointment of the agent, adjuster,
835	solicitor,service representative, customer representative, or
836	managing general agent shall continue in effect until the
837	person's license is revoked or otherwise terminated, unless
838	written notice of earlier termination of the appointment is
839	filed with the department or person designated by the department
840	to administer the appointment processby either the appointing
841	entity or the appointee.
842	Section 28. Subsections (4) and (5) of section 626.471,
843	Florida Statutes, are amended to read:
844	626.471 Termination of appointment.--
845	(4) An appointee may terminate the appointment at any time
846	by giving written or electronicnotice thereof to the appointing
847	entity,and filing a copy of the notice with the department, or
848	person designated by the department to administer the
849	appointment process. The department shall immediately terminate
850	the appointment and notify the appointing entity of such
851	termination. Such termination shall be subject to the
852	appointee's contract rights, if any.
853	(5) Upon receiving notice of termination, the department
854	or person designated by the department to administer the
855	appointment processshall terminate the appointment.
856	Section 29. Subsection (5) of section 626.601, Florida
857	Statutes, is amended to read:
858	626.601 Improper conduct; inquiry; fingerprinting.--
859	(5) If the department, after investigation, has reason to
860	believe that a licensee may have been found guilty of or pleaded
861	guilty or nolo contendere to a felony or a crime related to the
862	business of insurance in this or any other state or
863	jurisdiction, the department may require the licensee to file
864	with the department a complete set of his or her fingerprints,
865	which shall be accompanied by the fingerprint processing fee set
866	forth in s. 624.501. The fingerprints shall be takencertified
867	by an authorized law enforcement agency or other department-
868	approved entityofficer.
869	Section 30. Paragraph (b) of subsection (1) of section
870	626.731, Florida Statutes, is amended to read:
871	626.731 Qualifications for general lines agent's
872	license.--
873	(1) The department shall not grant or issue a license as
874	general lines agent to any individual found by it to be
875	untrustworthy or incompetent or who does not meet each of the
876	following qualifications:
877	(b) The applicant is a United States citizen or legal
878	alien who possesses work authorization from the United States
879	Immigration and Naturalization Service and isa bona fide
880	resident of this state. An individual who is a bona fide
881	resident of this state shall be deemed to meet the residence
882	requirement of this paragraph, notwithstanding the existence at
883	the time of application for license of a license in his or her
884	name on the records of another state as a resident licensee of
885	such other state, if the applicant furnishes a letter of
886	clearance satisfactory to the department that the resident
887	licenses have been canceled or changed to a nonresident basis
888	and that he or she is in good standing.
889	Section 31. Subsection (2) of section 626.7315, Florida
890	Statutes, is amended to read:
891	626.7315 Prohibition against the unlicensed transaction of
892	general lines insurance.--With respect to any line of authority
893	as defined in s. 626.015(7), no individual shall, unless
894	licensed as a general lines agent:
895	(2) Except as provided in s. 626.0428(1),in this state,
896	receive or issue a receipt for any money on account of or for
897	any insurer, or receive or issue a receipt for money from other
898	persons to be transmitted to any insurer for a policy, contract,
899	or certificate of insurance or any renewal thereof, even though
900	the policy, certificate, or contract is not signed by him or her
901	as agent or representative of the insurer;
902	Section 32. Paragraphs (a) and (b) of subsection (1) of
903	section 626.732, Florida Statutes, are amended to read:
904	626.732 Requirement as to knowledge, experience, or
905	instruction.--
906	(1) Except as provided in subsection (3), no applicant for
907	a license as a general lines agent, except for a chartered
908	property and casualty underwriter (CPCU), other than as to a
909	limited license as to baggage and motor vehicle excess liability
910	insurance, credit property insurance, credit insurance, in-
911	transit and storage personal property insurance, or
912	communications equipment property insurance or communication
913	equipment inland marine insurance, shall be qualified or
914	licensed unless within the 4 years immediately preceding the
915	date the application for license is filed with the department
916	the applicant has:
917	(a) Taught or successfully completed classroom courses in
918	insurance, 3 hours of which shall be on the subject matter of
919	ethics,satisfactory to the department at a school, college, or
920	extension division thereof, approved by the department;
921	(b) Completed a correspondence course in insurance, 3
922	hours of which shall be on the subject matter of ethics,
923	satisfactory to the department and regularly offered by
924	accredited institutions of higher learning in this state and,
925	except if he or she is applying for a limited license under s.
926	626.321, has had at least 6 months of responsible insurance
927	duties as a substantially full-time bona fide employee in all
928	lines of property and casualty insurance set forth in the
929	definition of general lines agent under s. 626.015;
930	Section 33. Section 626.733, Florida Statutes, is amended
931	to read:
932	626.733 Agency firms and corporations; special
933	requirements.--If a sole proprietorship, partnership,
934	corporation, or association holds an agency contract, all
935	members thereof who solicit, negotiate, or effect insurance
936	contracts, and all officers and stockholders of the corporation
937	who solicit, negotiate, or effect insurance contracts, are
938	required to qualify and be licensed individually as agents,
939	solicitors,or customer representatives; and all of such agents
940	must be individually appointed as to each property and casualty
941	insurer entering into an agency contract with such agency. Each
942	such appointing insurer as soon as known to it shall comply with
943	this section and shall determine and require that each agent so
944	associated in or so connected with such agency is likewise
945	appointed as to the same such insurer and for the same type and
946	class of license. However, no insurer is required to comply with
947	the provisions of this section if such insurer satisfactorily
948	demonstrates to the department that the insurer has issued an
949	aggregate net written premium, in an agency, in an amount of
950	$25,000 or less.
951	Section 34. Paragraph (a) of subsection (2) and subsection
952	(3) of section 626.7351, Florida Statutes, are amended to read:
953	626.7351 Qualifications for customer representative's
954	license.--The department shall not grant or issue a license as
955	customer representative to any individual found by it to be
956	untrustworthy or incompetent, or who does not meet each of the
957	following qualifications:
958	(2)(a) The applicant is a United States citizen or legal
959	alien who possesses work authorization from the United States
960	Immigration and Naturalization Service and isa bona fide
961	resident of this state and will actually reside in the state at
962	least 6 months out of the year. An individual who is a bona fide
963	resident of this state shall be deemed to meet the residence
964	requirements of this subsection, notwithstanding the existence
965	at the time of application for license of a license in his or
966	her name on the records of another state as a resident licensee
967	of the other state, if the applicant furnishes a letter of
968	clearance satisfactory to the department that the resident
969	licenses have been canceled or changed to a nonresident basis
970	and that he or she is in good standing.
971	(3) Within the 2 years next preceding the date the
972	application for license was filed with the department, the
973	applicant has completed a course in insurance, 3 hours of which
974	shall be on the subject matter of ethics,approved by the
975	department or has had at least 6 months' experience in
976	responsible insurance duties as a substantially full-time
977	employee. Courses must include instruction on the subject matter
978	of unauthorized entities engaging in the business of insurance.
979	The scope of the topic of unauthorized entities shall include
980	the Florida Nonprofit Multiple-Employer Welfare Arrangement Act
981	and the Employee Retirement Income Security Act, 29 U.S.C. ss.
982	1001 et seq., as such acts relate to the provision of health
983	insurance by employers and the regulation of such insurance.
984	Section 35. Subsection (2) of section 626.7354, Florida
985	Statutes, is amended to read:
986	626.7354 Customer representative's powers; agent's or
987	agency's responsibility.--
988	(2) A customer representative may engage in transacting
989	insurance with customers who have been solicited by any agent,
990	solicitor,or customer representative in the same agency, and
991	may engage in transacting insurance with customers who have not
992	been so solicited to the extent and under conditions that are
993	otherwise consistent with this part and with the insurer's
994	contract with the agent appointing him or her.
995	Section 36. Paragraph (c) of subsection (1) of section
996	626.7355, Florida Statutes, is amended to read:
997	626.7355 Temporary license as customer representative
998	pending examination.--
999	(1) The department shall issue a temporary customer
1000	representative's license with respect to a person who has
1001	applied for such license upon finding that the person:
1002	(c) Is a United States citizen or legal alien who
1003	possesses work authorization from the United States Immigration
1004	and Naturalization Service and isa bona fide resident of this
1005	state or is a resident of another state sharing a common
1006	boundary with this state. An individual who is a bona fide
1007	resident of this state shall be deemed to meet the residence
1008	requirement of this paragraph, notwithstanding the existence at
1009	the time of application for license, of a license in his or her
1010	name on the records of another state as a resident licensee of
1011	such other state, if the applicant furnishes a letter of
1012	clearance satisfactory to the department that his or her
1013	resident licenses have been canceled or changed to a nonresident
1014	basis and that he or she is in good standing.
1015	Section 37. Subsection (3) of section 626.741, Florida
1016	Statutes, is amended to read:
1017	626.741 Nonresident agents; licensing and restrictions.--
1018	(3) The department shall not, however, issue any license
1019	and appointment to any nonresident who has an office or place of
1020	business in this state, or who has any direct or indirect
1021	pecuniary interest in any insurance agent or, insurance agency,
1022	or in any solicitorlicensed as a resident of this state; nor to
1023	any individual who does not, at the time of issuance and
1024	throughout the existence of the Florida license, hold a license
1025	as agent or broker issued by his or her home state; nor to any
1026	individual who is employed by any insurer as a service
1027	representative or who is a managing general agent in any state,
1028	whether or not also licensed in another state as an agent or
1029	broker. The foregoing requirement to hold a similar license in
1030	the applicant's home state does not apply to customer
1031	representatives unless the home state licenses residents of that
1032	state in a similar manner. The prohibition against having an
1033	office or place of business in this state does not apply to
1034	customer representatives who are required to conduct business
1035	solely within the confines of the office of a licensed and
1036	appointed Florida resident general lines agent in this state.
1037	The authority of such nonresident license is limited to the
1038	specific lines of authority granted in the license issued by the
1039	agent's home state and further limited to the specific lines
1040	authorized under the nonresident license issued by this state.
1041	The department shall have discretion to refuse to issue any
1042	license or appointment to a nonresident when it has reason to
1043	believe that the applicant by ruse or subterfuge is attempting
1044	to avoid the intent and prohibitions contained in this
1045	subsection or to believe that any of the grounds exist as for
1046	suspension or revocation of license as set forth in ss. 626.611
1047	and 626.621.
1048	Section 38. Paragraph (a) of subsection (1) of section
1049	626.753, Florida Statutes, is amended to read:
1050	626.753 Sharing commissions; penalty.--
1051	(1)(a) An agent may divide or share in commissions only
1052	with his or her own employed solicitors andwith other agents
1053	appointed and licensed to write the same kind or kinds of
1054	insurance.
1055	Section 39. Paragraph (b) of subsection (1) of section
1056	626.785, Florida Statutes, is amended to read:
1057	626.785 Qualifications for license.--
1058	(1) The department shall not grant or issue a license as
1059	life agent to any individual found by it to be untrustworthy or
1060	incompetent, or who does not meet the following qualifications:
1061	(b) Must be a United States citizen or legal alien who
1062	possesses work authorization from the United States Immigration
1063	and Naturalization Service anda bona fide resident of this
1064	state.
1065	Section 40. Subsections (1) and (2) of section 626.7851,
1066	Florida Statutes, are amended to read:
1067	626.7851 Requirement as to knowledge, experience, or
1068	instruction.--No applicant for a license as a life agent, except
1069	for a chartered life underwriter (CLU), shall be qualified or
1070	licensed unless within the 4 years immediately preceding the
1071	date the application for a license is filed with the department
1072	he or she has:
1073	(1) Successfully completed 40 hours of classroom courses
1074	in insurance, 3 hours of which shall be on the subject matter of
1075	ethics,satisfactory to the department at a school or college,
1076	or extension division thereof, or other authorized course of
1077	study, approved by the department. Courses must include
1078	instruction on the subject matter of unauthorized entities
1079	engaging in the business of insurance, to include the Florida
1080	Nonprofit Multiple-Employer Welfare Arrangement Act and the
1081	Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et
1082	seq., as it relates to the provision of life insurance by
1083	employers to their employees and the regulation thereof;
1084	(2) Successfully completed a correspondence course in
1085	insurance, 3 hours of which shall be on the subject matter of
1086	ethics,satisfactory to the department and regularly offered by
1087	accredited institutions of higher learning in this state,
1088	approved by the department. Courses must include instruction on
1089	the subject matter of unauthorized entities engaging in the
1090	business of insurance, to include the Florida Nonprofit
1091	Multiple-Employer Welfare Arrangement Act and the Employee
1092	Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
1093	it relates to the provision of life insurance by employers to
1094	their employees and the regulation thereof;
1095	Section 41. Subsection (2) of section 626.829, Florida
1096	Statutes, is amended to read:
1097	626.829 "Health agent" defined.--
1098	(2) Any person who acts for an insurer, or on behalf of a
1099	licensed representative of an insurer, to solicit applications
1100	for or to negotiate and effectuate health insurance contracts,
1101	whether or not he or she is appointed as an agent, subagent,
1102	solicitor,or canvasser or by any other title, shall be deemed
1103	to be a health agent and shall be qualified, licensed, and
1104	appointed as a health agent.
1105	Section 42. Paragraph (b) of subsection (1) of section
1106	626.831, Florida Statutes, is amended to read:
1107	626.831 Qualifications for license.--
1108	(1) The department shall not grant or issue a license as
1109	health agent as to any individual found by it to be
1110	untrustworthy or incompetent, or who does not meet the following
1111	qualifications:
1112	(b) Must be a United States citizen or legal alien who
1113	possesses work authorization from the United States Immigration
1114	and Naturalization Service anda bona fide resident of this
1115	state.
1116	Section 43. Subsections (1) and (2) of section 626.8311,
1117	Florida Statutes, are amended to read:
1118	626.8311 Requirement as to knowledge, experience, or
1119	instruction.--No applicant for a license as a health agent,
1120	except for a chartered life underwriter (CLU), shall be
1121	qualified or licensed unless within the 4 years immediately
1122	preceding the date the application for license is filed with the
1123	department he or she has:
1124	(1) Successfully completed 40 hours of classroom courses
1125	in insurance, 3 hours of which shall be on the subject matter of
1126	ethics,satisfactory to the department at a school or college,
1127	or extension division thereof, or other authorized course of
1128	study, approved by the department. Courses must include
1129	instruction on the subject matter of unauthorized entities
1130	engaging in the business of insurance, to include the Florida
1131	Nonprofit Multiple-Employer Welfare Arrangement Act and the
1132	Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et
1133	seq., as it relates to the provision of health insurance by
1134	employers to their employees and the regulation thereof;
1135	(2) Successfully completed a correspondence course in
1136	insurance, 3 hours of which shall be on the subject matter of
1137	ethics,satisfactory to the department and regularly offered by
1138	accredited institutions of higher learning in this state,
1139	approved by the department. Courses must include instruction on
1140	the subject matter of unauthorized entities engaging in the
1141	business of insurance, to include the Florida Nonprofit
1142	Multiple-Employer Welfare Arrangement Act and the Employee
1143	Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
1144	it relates to the provision of health insurance by employers to
1145	their employees and the regulation thereof;
1146	Section 44. Subsection (2) of section 626.8414, Florida
1147	Statutes, is amended to read:
1148	626.8414 Qualifications for examination.--The department
1149	must authorize any natural person to take the examination for
1150	the issuance of a license as a title insurance agent if the
1151	person meets all of the following qualifications:
1152	(2) The applicant must be a United States citizen or legal
1153	alien who possesses work authorization from the United States
1154	Immigration and Naturalization Service anda bona fide resident
1155	of this state. A person meets the residency requirement of this
1156	subsection, notwithstanding the existence at the time of
1157	application for license of a license in the applicant's name on
1158	the records of another state as a resident licensee of such
1159	other state, if the applicant furnishes a letter of clearance
1160	satisfactory to the department that the resident licenses have
1161	been canceled or changed to a nonresident basis and that the
1162	applicant is in good standing.
1163	Section 45. Paragraph (a) of subsection (3) of section
1164	626.8417, Florida Statutes, is amended to read:
1165	626.8417 Title insurance agent licensure; exemptions.--
1166	(3) The department shall not grant or issue a license as
1167	title agent to any individual found by it to be untrustworthy or
1168	incompetent, who does not meet the qualifications for
1169	examination specified in s. 626.8414, or who does not meet the
1170	following qualifications:
1171	(a) Within the 4 years immediately preceding the date of
1172	the application for license, the applicant must have completed a
1173	40-hour classroom course in title insurance, 3 hours of which
1174	shall be on the subject matter of ethics,as approved by the
1175	department, or must have had at least 12 months of experience in
1176	responsible title insurance duties, while working in the title
1177	insurance business as a substantially full-time, bona fide
1178	employee of a title agency, title agent, title insurer, or
1179	attorney who conducts real estate closing transactions and
1180	issues title insurance policies but who is exempt from licensure
1181	pursuant to paragraph (4)(a). If an applicant's qualifications
1182	are based upon the periods of employment at responsible title
1183	insurance duties, the applicant must submit, with the
1184	application for license on a form prescribed by the department,
1185	the affidavit of the applicant and of the employer setting forth
1186	the period of such employment, that the employment was
1187	substantially full time, and giving a brief abstract of the
1188	nature of the duties performed by the applicant.
1189	Section 46. Paragraph (b) of subsection (1) of section
1190	626.865, Florida Statutes, is amended to read:
1191	626.865 Public adjuster's qualifications, bond.--
1192	(1) The department shall issue a license to an applicant
1193	for a public adjuster's license upon determining that the
1194	applicant has paid the applicable fees specified in s. 624.501
1195	and possesses the following qualifications:
1196	(b) Is a United Stats citizen or legal alien who possesses
1197	work authorization from the United States Immigration and
1198	Naturalization Service anda bona fide resident of this state.
1199	Section 47. Subsection (2) of section 626.866, Florida
1200	Statutes, is amended to read:
1201	626.866 Independent adjuster's qualifications.--The
1202	department shall issue a license to an applicant for an
1203	independent adjuster's license upon determining that the
1204	applicable license fee specified in s. 624.501 has been paid and
1205	that the applicant possesses the following qualifications:
1206	(2) Is a United Stats citizen or legal alien who possesses
1207	work authorization from the United States Immigration and
1208	Naturalization Service anda bona fide resident of this state.
1209	Section 48. Subsection (2) of section 626.867, Florida
1210	Statutes, is amended to read:
1211	626.867 Company employee adjuster's qualifications.--The
1212	department shall issue a license to an applicant for a company
1213	employee adjuster's license upon determining that the applicable
1214	license fee specified in s. 624.501 has been paid and that the
1215	applicant possesses the following qualifications:
1216	(2) Is a United Stats citizen or legal alien who possesses
1217	work authorization from the United States Immigration and
1218	Naturalization Service anda bona fide resident of this state.
1219	Section 49. Section 626.869, Florida Statutes, is amended
1220	to read:
1221	626.869 License, adjusters.--
1222	(1) An applicant for a license as an adjuster may qualify
1223	and his or her license when issued may cover adjusting in any
1224	one of the following classes of insurance:
1225	(a) All lines of insurance except life and annuities.
1226	(b) Motor vehicle physical damage insurance.
1227	(c) Property and casualty insurance.
1228	(d) Workers' compensation insurance.
1229	(e) Health insurance.
1230	(2) All individuals who on October 1, 1990, hold an
1231	adjuster's license and appointment limited to fire and allied
1232	lines, including marine or casualty or boiler and machinery, may
1233	remain licensed and appointed under the limited license and may
1234	renew their appointment, but no license or appointment which has
1235	been terminated, not renewed, suspended, or revoked shall be
1236	reinstated, and no new or additional licenses or appointments
1237	shall be issued.
1238	(3) With the exception of a public adjuster limited to
1239	health insurance, a limited license set forth in subsection (1)
1240	as an independent or public adjuster may only be issued to and
1241	retained by an employee of an independent or public adjusting
1242	firm which is supervised by a duly appointed all-lines adjuster
1243	or an employee of an independent or public adjuster licensed and
1244	appointed in all lines of insurance other than life and annuity.
1245	The office of the limited lines adjuster shall be in the office
1246	of the licensed all-lines adjuster responsible for his or her
1247	supervision and instruction.
1248	(3)(4)The applicant's application for license shall
1249	specify which of the foregoing classes of business the
1250	application for license is to cover.
1251	(4)(5) Any individualpersonholding a license for 24
1252	consecutive months or longer and who engages in adjusting
1253	workers' compensation insurance must, beginning in his or her
1254	theirbirth month and every 2 years thereafter, have completed
1255	24 hours of courses, 2 hours of which relate to ethics, in
1256	subjects designed to inform the licensee regarding the current
1257	insuranceworkers' compensationlaws of this state, so as to
1258	enable him or her to engage in business as ana workers'
1259	compensationinsurance adjuster fairly and without injury to the
1260	public and to adjust all claims in accordance with the policy or
1261	contract and the workers' compensation laws of this state. In
1262	order to qualify as an eligible course under this subsection,
1263	the course must:
1264	(a) Have a course outline approved by the department.
1265	(b) Be taught at a school training facility or other
1266	location approved by the department.
1267	(c) Be taught by instructors with at least 5 years of
1268	experience in the area of workers' compensation, general lines
1269	of insurance, or other persons approved by the department.
1270	However, a member of The Florida Bar is exempt from the 5 years'
1271	experience requirement.
1272	(d) Furnish the attendee a certificate of completion. The
1273	course provider shall send a roster to the department in a
1274	format prescribed by the department.
1275	(5) The regulation of continuing education for licensees,
1276	course providers, instructors, school officials, and monitor
1277	groups shall be as provided for in s. 626.2816.
1278	Section 50. Subsection (1) of section 626.874, Florida
1279	Statutes, is amended to read:
1280	626.874 Catastrophe or emergency adjusters.--
1281	(1) In the event of a catastrophe or emergency, the
1282	department may issue a license, for the purposes and under the
1283	conditions which it shall fix and for the period of emergency as
1284	it shall determine, to persons who are residents or nonresidents
1285	of this state, who are at least 18 years of age, who are United
1286	States citizens or legal aliens who possess work authorization
1287	from the United States Immigration and Naturalization Service,
1288	and who are not licensed adjusters under this part but who have
1289	been designated and certified to it as qualified to act as
1290	adjusters by independent resident adjusters or by an authorized
1291	insurer or by a licensed general lines agent to adjust claims,
1292	losses, or damages under policies or contracts of insurance
1293	issued by such insurers. The fee for the license shall be as
1294	provided in s. 624.501(12)(c).
1295	Section 51. Section 626.878, Florida Statutes, is amended
1296	to read:
1297	626.878 Rules; code of ethics.--An adjuster shall
1298	subscribe to the code of ethics specified in the rules of the
1299	department. The rules shall implement the provisions of this
1300	part and specify the terms and conditions of contracts,
1301	including a right to cancel, and require practices necessary to
1302	ensure fair dealing, prohibit conflicts of interest, and ensure
1303	preservation of the rights of the claimant to participate in the
1304	adjustment of claims.
1305	Section 52. Subsection (1) of section 626.797, Florida
1306	Statutes, is amended to read:
1307	626.797 Code of ethics.--
1308	(1) The department shall, after consultation with the
1309	Florida Association Of Insurance and Financial AdvisorsLife
1310	Underwriters, adopt a code of ethics, or continue any such code
1311	heretofore so adopted, to govern the conduct of life agents in
1312	their relations with the public, other agents, and the insurers.
1313	Section 53. Paragraph (z) of subsection (1) of section
1314	626.9541, Florida Statutes, is amended to read:
1315	626.9541 Unfair methods of competition and unfair or
1316	deceptive acts or practices defined.--
1317	(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1318	ACTS.--The following are defined as unfair methods of
1319	competition and unfair or deceptive acts or practices:
1320	(z) Sliding.--Sliding is the act or practice of:
1321	1. Representing to the applicant that a specific ancillary
1322	coverage or product is required by law in conjunction with the
1323	purchase of motor vehicleinsurance when such coverage or
1324	product is not required;
1325	2. Representing to the applicant that a specific ancillary
1326	coverage or product is included in the motor vehiclepolicy
1327	applied for without an additional charge when such charge is
1328	required; or
1329	3. Charging an applicant for a specific ancillary coverage
1330	or product, in addition to the cost of the motor vehicle
1331	insurance coverage applied for, without the informed consent of
1332	the applicant.
1333	Section 54. Paragraph (f) is added to subsection (7) of
1334	section 626.9916, Florida Statutes, to read:
1335	626.9916 Viatical settlement broker license required;
1336	application for license.--
1337	(7) Upon the filing of a sworn application and the payment
1338	of the license fee and all other applicable fees under this act,
1339	the department shall investigate each applicant and may issue
1340	the applicant a license if the department finds that the
1341	applicant:
1342	(f) If a natural person, is at least 18 years of age and a
1343	United States citizen or legal alien who possesses work
1344	authorization from the United States Immigration and
1345	Naturalization Service.
1346	Section 55. Subsection (3) of section 632.634, Florida
1347	Statutes, is amended to read:
1348	632.634 Licensing and appointment of agents.--
1349	(3) Any agent, representative, or member of a society who
1350	in any preceding calendar year has solicited and procured life
1351	insurance benefit contracts on behalf of any society in a total
1352	amount of insurance less than $50,000, or, in the case of any
1353	other kind or kinds of insurance benefit contracts which the
1354	society might write, on not more than 25 individuals, shall be
1355	exempt from the agent licensing and appointment requirements of
1356	subsection (1). Upon request by the department,every society
1357	shall register, on forms prescribed by the department and on or
1358	before March 1 of each year, the name and residence address of
1359	each agent, representative, or member exempt under the
1360	provisions of this subsection and shall, within 30 days of
1361	termination of employment, notify the department of the
1362	termination. Any agent, representative, or member for which an
1363	exemption is claimed due to employment by the society subsequent
1364	to March 1 shall be registered by the society with the
1365	department within 10 days of the date of employment.
1366	Section 56. Section 634.171, Florida Statutes, is amended
1367	to read:
1368	634.171 Salesperson to be licensed and
1369	appointed.--Salespersons for motor vehicle service agreement
1370	companies and insurers shall be licensed, appointed, renewed,
1371	continued, reinstated, or terminated as prescribed in chapter
1372	626 for insurance representatives in general. However, they
1373	shall be exempt from all other provisions of chapter 626
1374	including fingerprinting, photo identification, education, and
1375	examination provisions. License, appointment, and other fees
1376	shall be those prescribed in s. 624.501. A licensed and
1377	appointed salesperson shall be directly responsible and
1378	accountable for all acts of her or his employees and other
1379	representatives. Each service agreement company or insurer
1380	shall, on forms prescribed by the department, within 30 days
1381	after termination of the appointment, notify the department of
1382	such termination. No employee or salesperson of a motor vehicle
1383	service agreement company or insurer may directly or indirectly
1384	solicit or negotiate insurance contracts, or hold herself or
1385	himself out in any manner to be an insurance agent or solicitor,
1386	unless so qualified, licensed, and appointed therefor under the
1387	Florida Insurance Code. A motor vehicle service agreement
1388	company is not required to be licensed as a salesperson to
1389	solicit, sell, issue, or otherwise transact the motor vehicle
1390	service agreements issued by the motor vehicle service agreement
1391	company.
1392	Section 57. Section 634.420, Florida Statutes, is amended
1393	to read:
1394	634.420 License and appointment of sales
1395	representatives.--Sales representatives for service warranty
1396	associations or insurers shall be licensed, appointed, renewed,
1397	continued, reinstated, or terminated in accordance with
1398	procedures as prescribed in chapter 626 for insurance
1399	representatives in general. However, they shall be exempt from
1400	all other provisions of chapter 626, including fingerprinting,
1401	photo identification, education, and examination. License,
1402	appointment, and other fees shall be those prescribed in s.
1403	624.501. A licensed and appointed sales representative shall be
1404	directly responsible and accountable for all acts of the
1405	licensed sales representative's employees or other
1406	representatives. Each service warranty association or insurer
1407	shall, on forms prescribed by the department, within 30 days
1408	after termination of the appointment, notify the department of
1409	such termination. No employee or sales representative of a
1410	service warranty association or insurer may directly or
1411	indirectly solicit or negotiate insurance contracts, or hold
1412	herself or himself out in any manner to be an insurance agent or
1413	solicitor, unless so qualified, licensed, and appointed therefor
1414	under the insurance code.
1415	Section 58. Section 642.034, Florida Statutes, is amended
1416	to read:
1417	642.034 License and appointment required.--No person may
1418	solicit, negotiate, sell, or execute legal expense insurance
1419	contracts on behalf of an insurer in this state unless such
1420	person is licensed and appointed as a sales representative or is
1421	licensed and appointed under the insurance code as a general
1422	lines agent or solicitor. No person licensed and appointed as a
1423	legal expense insurance sales representative may solicit,
1424	negotiate, sell, or execute any other contract of insurance
1425	unless such person is duly licensed and appointed to do so under
1426	the provisions of chapter 626.
1427	Section 59. Section 642.036, Florida Statutes, is amended
1428	to read:
1429	642.036 Sales representatives to be licensed and
1430	appointed.--Sales representatives of legal expense insurers
1431	shall be licensed, appointed, renewed, continued, reinstated, or
1432	terminated as prescribed in chapter 626 for insurance
1433	representatives in general, and shall pay the license and
1434	appointment fees prescribed in s. 624.501. No employee or sales
1435	representative of an insurer may directly or indirectly solicit
1436	or negotiate insurance contracts, or hold herself or himself out
1437	in any manner to be an insurance agent or solicitor, unless so
1438	qualified, licensed, and appointed therefor under the insurance
1439	code.
1440	Section 60. Section 642.045, Florida Statutes, is amended
1441	to read:
1442	642.045 Procedure for refusal, suspension, or revocation
1443	of license and appointment of sales representative; departmental
1444	action upon violation by licensed insurance agent or
1445	solicitor.--
1446	(1) If any sales representative is convicted by a court of
1447	a violation of any provision of ss. 642.011-642.049, the license
1448	and appointment of such individual shall thereby be deemed to be
1449	immediately revoked without any further procedure relative
1450	thereto by the department.
1451	(2) Whenever it appears that any licensed insurance agent
1452	or solicitorhas violated the provisions of ss. 642.011-642.049,
1453	or if any grounds listed in s. 642.041 or s. 642.043 exist as to
1454	such agent or solicitor, the department may take such action as
1455	is authorized by the insurance code for a violation of the
1456	insurance code by such agent or solicitor, or such action as is
1457	authorized by this chapter for a violation of this chapter by a
1458	sales representative.
1459	Section 61. Paragraph (b) of subsection (5) and subsection
1460	(9) of section 648.27, Florida Statutes, are amended to read:
1461	648.27 Licenses and appointments; general.--
1462	(5)
1463	(b) The license of a temporary bail bond agent or runner
1464	shall continue in force until suspended, revoked, or otherwise
1465	terminated.
1466	(9) If, upon application for an appointment and such
1467	investigation as the department may make, it appears to the
1468	department that an individual has been actively engaged or is
1469	currently actively engaged in bail bond activities without being
1470	appointed as required, the department may, if it finds that such
1471	failure to be appointed is an error on the part of the insurer
1472	or employer so represented, issue or authorize the issuance of
1473	the appointment as applied for, but subject to the condition
1474	that, before the appointment is issued, all fees and taxes which
1475	would have been due had the applicant been so appointed during
1476	such current and prior periods, together with a continuation fee
1477	for such current and prior terms of appointment, shall be paid
1478	to the department. Failure to notify the department within the
1479	required time period shall result in the appointing entity being
1480	assessed a delinquent fee of $250. Delinquent fees shall be paid
1481	by the appointing entity and shall not be charged to the
1482	appointee.
1483	Section 62. Paragraph (b) of subsection (2) and subsection
1484	(6) of section 648.34, Florida Statutes, are amended to read:
1485	648.34 Bail bond agents; qualifications.--
1486	(2) To qualify as a bail bond agent, it must affirmatively
1487	appear at the time of application and throughout the period of
1488	licensure that the applicant has complied with the provisions of
1489	s. 648.355 and has obtained a temporary license pursuant to such
1490	section and:
1491	(b) The applicant is a United States citizen or legal
1492	alien who possesses work authorization from the United States
1493	Immigration and Naturalization Service and isa resident of this
1494	state. An individual who is a resident of this state shall be
1495	deemed to meet the residence requirement of this paragraph,
1496	notwithstanding the existence, at the time of application for
1497	license, of a license in the applicant's name on the records of
1498	another state as a resident licensee of such other state, if the
1499	applicant furnishes a letter of clearance satisfactory to the
1500	department that his or her resident licenses have been canceled
1501	or changed to a nonresident basis and that he or she is in good
1502	standing.
1503	(6) The provisions of s. 112.011 do not apply to bail bond
1504	agents or runnersor to applicants for licensure as bail bond
1505	agents or runners.
1506	Section 63. Paragraph (b) of subsection (1) of section
1507	648.355, Florida Statutes, is amended to read:
1508	648.355 Temporary limited license as limited surety agent
1509	or professional bail bond agent; pending examination.--
1510	(1) The department may, in its discretion, issue a
1511	temporary license as a limited surety agent or professional bail
1512	bond agent, subject to the following conditions:
1513	(b) The applicant is a United States citizen or legal
1514	alien who possesses work authorization from the United States
1515	Immigration and Naturalization Service and isa resident of this
1516	state. An individual who is a resident of this state shall be
1517	deemed to meet the residence requirement of this paragraph,
1518	notwithstanding the existence, at the time of application for
1519	temporary license, of a license in the individual's name on the
1520	records of another state as a resident licensee of such other
1521	state, if the applicant furnishes a letter of clearance
1522	satisfactory to the department that the individual's resident
1523	licenses have been canceled or changed to a nonresident basis
1524	and that the individual is in good standing.
1525	Section 64. Paragraph (a) of subsection (2) and subsection
1526	(3) of section 648.382, Florida Statutes, are amended, and
1527	subsection (6) is added to said section, to read:
1528	648.382 Appointment of bail bond agents and temporary bail
1529	bond agents; effective date of appointment.--
1530	(2) Prior to any appointment, an appropriate officer or
1531	official of the appointing insurer in the case of a bail bond
1532	agent or an insurer, managing general agent, or bail bond agent
1533	in the case of a temporary bail bond agent must submit:
1534	(a) A certified statement or affidavit to the department
1535	stating what investigation has been made concerning the proposed
1536	appointee and the proposed appointee's background and the
1537	appointing person's opinion to the best of his or her knowledge
1538	and belief as to the moral character, fitness, and reputation of
1539	the proposed appointee. In lieu of such certified statement or
1540	affidavit, by authorizing the effectuation of an appointment for
1541	a licensee, the appointing insurer certifies to the department
1542	that such investigation has been made and that the results of
1543	the investigation and the appointing person’s opinion are
1544	available for review by the department;
1545	(3) By authorizing the effectuation of an appointment for
1546	a licensee, the appointing insurer certifies to the department
1547	Prior to any appointment of a bail bond agent, the appointing
1548	insurer must certify to the departmentthat the insurer will be
1549	bound by the acts of the bail bond agent acting within the scope
1550	of his or her appointment, and, in the case of a temporary bail
1551	bond agent, the appointing insurer, managing general agent, or
1552	bail bond agent, as the case may be, must certify to the
1553	department that he or she will supervise the temporary bail bond
1554	agent's activities.
1555	(6) Failure to notify the department within the required
1556	time period shall result in the appointing entity being assessed
1557	a delinquent fee of $250. Delinquent fees shall be paid by the
1558	appointing entity and shall not be charged to the appointee.
1559	Section 65. Subsections (1) and (4) of section 648.383,
1560	Florida Statutes, are amended to read:
1561	648.383 Renewal, continuation, reinstatement, and
1562	termination of appointment; bail bond agents.--
1563	(1) The appointment of a bail bond agent shall continue in
1564	force unless suspended, revoked, or otherwise terminated,
1565	subject to a renewal request filed by the appointing entity in
1566	the appointee's birth month and every 24 months thereafter. A
1567	renewal request must be filed with the department or person
1568	designated by the department to administer the appointment
1569	processalong with payment of the renewal appointment fee and
1570	taxes as prescribed in s. 624.501.
1571	(4) If the information required under subsection (2) is
1572	received by the department after the date established by the
1573	department for renewal, the appointment may be renewed by the
1574	department if an additional appointment, late filing,
1575	continuation, and reinstatement fee accompanies the application
1576	as required under s. 624.501. Late filing fees shall be paid by
1577	the appointing entity and shall not be charged to the appointee.
1578	Section 66. Subsections (1) and (3) of section 648.50,
1579	Florida Statutes, are amended to read:
1580	648.50 Effect of suspension, revocation upon associated
1581	licenses and licensees.--
1582	(1) Upon the suspension, revocation, or refusal to renew
1583	or continue any license or appointment or the eligibility to
1584	hold a license or appointment of a bail bond agent or,temporary
1585	bail bond agent, or runner,the department shall at the same
1586	time likewise suspend or revoke all other licenses or
1587	appointments and the eligibility to hold any other such licenses
1588	or appointments which may be held by the licensee under the
1589	Florida Insurance Code.
1590	(3) No person whose license as a bail bond agent or,
1591	temporary bail bond agent, or runnerhas been revoked or
1592	suspended shall be employed by any bail bond agent, have any
1593	ownership interest in any business involving bail bonds, or have
1594	any financial interest of any type in any bail bond business
1595	during the period of revocation or suspension.
1596	Section 67. Sections 626.032 and 626.361, Florida
1597	Statutes, are repealed.
1598	Section 68. This act shall take effect upon becoming a
1599	law.