HB 0863 2003
1	CHAMBER ACTION
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6	The Committee on Insurance recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to insurance agents; amending ss. 624.04,
12	624.303, 624.313, 624.317, 624.504, 624.506, 624.521,
13	626.022, 626.112, 626.321, 626.733, 626.7354, 626.741,
14	626.753, 626.829, 634.171, 634.420, 642.034, 642.036, and
15	642.045, F.S.; deleting references to solicitors to
16	conform to prior deletions; amending ss. 624.34, 626.202,
17	and 626.601, F.S.; revising certain fingerprinting
18	requirements; amending s. 624.501, F.S.; providing for a
19	fee for certain late appointment filings; amending s.
20	626.015, F.S.; deleting a definition of administrative
21	agent; amending s. 626.171, F.S.; revising applicant
22	address requirements; amending s. 626.201, F.S.; requiring
23	inclusion of fingerprints in certain inquiries or
24	investigations; amending ss. 626.175, 626.7355, 626.731,
25	626.831, 626.8414, 626.865, 626.866, 626.867, 626.874, and
26	626.9916, F.S.; revising licensure eligibility criteria to
27	specify United States citizenship or certain legal alien
28	status; amending s. 626.221, F.S.; revising appointment
29	application filing time period requirements; amending s.
30	626.2815, F.S.; requiring certain continuing education
31	hour and subject requirements; deleting references to
32	solicitors to conform to prior deletions; revising a
33	continuing education board member title; amending s.
34	626.2816, F.S.; revising cross references; clarifying a
35	continuing education requirement; amending s. 626.2817,
36	F.S.; deleting a prelicensure rule requirement; amending
37	s. 626.311, F.S.; authorizing insurers to apply to the
38	department for additional appointments under certain
39	circumstances; providing requirements; amending s.
40	626.322, F.S.; clarifying the effect of insurer
41	authorization of effectuation of certain appointments;
42	amending s. 626.341, F.S.; including a department-
43	designated person to administer appointment processes for
44	certain appointment-related actions; amending s. 626.371,
45	F.S.; providing requirements for submittal and effective
46	date of appointments; imposing a delinquent fee for
47	certain notification failures; providing fee payment
48	requirements; amending s. 626.381, F.S.; including a
49	department-designated person to administer appointment
50	processes for certain appointment-related actions;
51	providing for a fee for certain late appointment filings;
52	authorizing the department to adopt certain rules;
53	amending s. 626.451, F.S.; including a department-
54	designated person to administer appointment processes for
55	certain appointment-related actions; clarifying the effect
56	of insurer authorization of effectuation of certain
57	appointments; requiring licensee notification of the
58	department of certain criminal proceedings; amending s.
59	626.461, F.S.; including a department-designated person to
60	administer appointment processes for certain appointment-
61	related actions; deleting references to solicitors to
62	conform to prior deletions; amending s. 626.471, F.S.;
63	including a department-designated person to administer
64	appointment processes for certain appointment-related
65	actions; providing for termination of certain
66	appointments; requiring notice of termination; amending s.
67	626.7315, F.S.; providing an exception to a prohibition
68	against certain individuals receiving money on account of
69	or for an insurer; amending ss. 626.732, 626.7851,
70	626.8311, and 626.8417, F.S.; revising certain education
71	subject requirements; amending s. 626.7351, F.S.; revising
72	licensure eligibility criteria to specify United States
73	citizenship or certain legal alien status; revising
74	certain education subject requirements; providing
75	additional education course requirements; amending s.
76	626.785, F.S.; revising licensure eligibility criteria to
77	specify United States citizenship or certain legal alien
78	status; increasing a monetary limit for authorized
79	policies providing for disposition or burial of an
80	insured; amending s. 626.797, F.S.; revising an
81	association title; amending s. 626.843, F.S.; revising
82	certain appointment renewal requirements; amending s.
83	626.869, F.S.; deleting a provision relating to limited
84	licenses for certain adjusters; revising certain education
85	requirements; amending s. 626.878, F.S.; specifying
86	implementation requirements for the department’s ethics
87	rules; amending s. 626.9541, F.S.; revising sliding as an
88	unfair method of competition and unfair or deceptive act
89	or practice; amending s. 627.7295, F.S.; increasing a per-
90	policy fee; deleting a limitation; amending s. 632.634,
91	F.S.; specifying registration of a society only upon
92	department request; amending s. 648.27, F.S.; imposing a
93	delinquent fee for certain notification failures;
94	providing fee payment requirements; deleting obsolete
95	runner references; amending s. 648.34, F.S.; revising
96	licensure eligibility criteria to specify United States
97	citizenship or certain legal alien status; requiring
98	certain inquiries or investigations to include submission
99	of certain fingerprints to certain agencies and
100	consideration of certain criminal records; amending s.
101	648.355, F.S.; revising licensure eligibility criteria to
102	specify United States citizenship or certain legal alien
103	status; authorizing the department to adopt certain rules;
104	amending s. 648.382, F.S.; clarifying the effect of
105	insurer authorization of effectuation of certain
106	appointments; imposing a delinquent fee for certain
107	notification failures; providing fee payment requirements;
108	amending s. 648.383, F.S.; including a department-
109	designated person to administer appointment processes for
110	certain appointment-related actions; providing for a fee
111	for certain late appointment filings; amending s. 648.50,
112	F.S.; deleting obsolete runner references; repealing s.
113	626.032, F.S., relating to continuing education and
114	required designation of administrative agents; repealing
115	s. 626.361, F.S., relating to the effective date of
116	appointments; providing an effective date.
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1. Section 624.04, Florida Statutes, is amended to
121	read:
122	624.04 "Person" defined.--"Person" includes an individual,
123	insurer, company, association, organization, Lloyds, society,
124	reciprocal insurer or interinsurance exchange, partnership,
125	syndicate, business trust, corporation, agent, general agent,
126	broker, solicitor,service representative, adjuster, and every
127	legal entity.
128	Section 2. Subsection (2) of section 624.303, Florida
129	Statutes, is amended to read:
130	624.303 Seal; certified copies as evidence.--
131	(2) All certificates executed by the department, other
132	than licenses of agents, solicitors,or adjusters or similar
133	licenses or permits, shall bear its seal.
134	Section 3. Paragraph (a) of subsection (2) of section
135	624.313, Florida Statutes, is amended to read:
136	624.313 Publications.--
137	(2) The department may prepare and have printed and
138	published in pamphlet or book form the following:
139	(a) As needed, questions and answers for the use of
140	persons applying for an examination for licensing as agents or
141	solicitorsfor property, casualty, surety, health, and
142	miscellaneous insurers.
143	Section 4. Subsection (2) of section 624.317, Florida
144	Statutes, is amended to read:
145	624.317 Investigation of agents, adjusters,
146	administrators, service companies, and others.--If it has reason
147	to believe that any person has violated or is violating any
148	provision of this code, or upon the written complaint signed by
149	any interested person indicating that any such violation may
150	exist, the department shall conduct such investigation as it
151	deems necessary of the accounts, records, documents, and
152	transactions pertaining to or affecting the insurance affairs of
153	any:
154	(2) Insurance agent or, customer representative, or
155	solicitor, subject to the requirements of s. 626.601.
156	Section 5. Section 624.34, Florida Statutes, is amended to
157	read:
158	624.34 Authority of Department of Law Enforcement to
159	accept fingerprints of, and exchange criminal history records
160	with respect to, certain persons.--
161	(1) The Department of Law Enforcement may accept
162	fingerprints of organizers, incorporators, subscribers,
163	officers, stockholders, directors, or any other persons
164	involved, directly or indirectly, in the organization,
165	operation, or management of:
166	(a) Any insurer or proposed insurer transacting or
167	proposing to transact insurance in this state.
168	(b) Any other entity which is examined or investigated or
169	which is eligible to be examined or investigated under the
170	provisions of the Florida Insurance Code.
171	(2) The Department of Law Enforcement may accept
172	fingerprints of individuals who apply for a license as an agent,
173	customer representative, adjuster, service representative, or
174	managing general agent or the fingerprints of the majority
175	owner, sole proprietor, partners, officers, and directors of a
176	corporation or other legal entity that applies for licensure
177	with the department or officeunder the provisions of the
178	Florida Insurance Code.
179	(3) The Department of Law Enforcement may accept
180	fingerprints of any other person required by law or rule to
181	submit fingerprints to the department or office or any applicant
182	or licensee regulated by the department or office who is
183	required to demonstrate that he or she has not been convicted of
184	or pled guilty or nolo contendere to a felony or a misdemeanor.
185	(4) When the Department of Law Enforcement receives
186	fingerprints from the department or office, the department shall
187	submit the fingerprints to the Federal Bureau of Investigations
188	in order to check federal criminal history records.
189	(5)(3)The Department of Law Enforcement may, to the
190	extent provided for by federal law, exchange state, multistate,
191	and federal criminal history records with the department and
192	office for the purpose of the issuance, denial,suspension, or
193	revocation of a certificate of authority, certification,or
194	license issuedto operate in this state.
195	(6) Statewide criminal records obtained through the
196	Department of Law Enforcement, federal criminal records obtained
197	through the Federal Bureau of Investigation, and local criminal
198	records obtained through local law enforcement agencies shall be
199	used by the department and office for the purpose of the
200	issuance, denial, suspension, or revocation of a certificate of
201	authority, certification, or license issued to operate in this
202	state.
203	Section 6. Paragraph (b) of subsection (6) of section
204	624.501, Florida Statutes, is amended, and subsection (28) is
205	added to said section, to read:
206	624.501 Filing, license, appointment, and miscellaneous
207	fees.--The department shall collect in advance, and persons so
208	served shall pay to it in advance, fees, licenses, and
209	miscellaneous charges as follows:
210	(6) Insurance representatives, property, marine, casualty,
211	and surety insurance.
212	(b) Solicitor's orCustomer representative's original
213	appointment and biennial renewal or continuation thereof:
214	Appointment fee.....................................$42.00
215	State tax............................................12.00
216	County tax............................................6.00
217	Total...............................................$60.00
218	Original appointment and biennial renewal or continuation
219	thereof, each insurer or managing general agent, whichever is
220	applicable...............................................$60.00
221	(28) Late filing of appointment renewals for agents,
222	adjusters, and other insurance representatives, each
223	appointment..............................................$20.00
224	Section 7. Section 624.504, Florida Statutes, is amended
225	to read:
226	624.504 Liability for state, county tax.--
227	(1)Each authorized insurer that uses insurance agents in
228	this state shall be liable for and shall pay the state and
229	county taxes required therefor under s. 624.501 or s. 624.505.
230	(2) Each insurance agent in this state that uses
231	solicitors shall be liable for and shall pay the state and
232	county taxes required therefor under s. 624.501.
233	Section 8. Subsection (1) of section 624.506, Florida
234	Statutes, is amended to read:
235	624.506 County tax; deposit and remittance.--
236	(1) The Insurance Commissioner and Treasurer shall deposit
237	in the Agents and SolicitorsCounty Tax Trust Fund all moneys
238	accepted as county tax under this part. She or he shall keep a
239	separate account for all moneys so collected for each county
240	and, after deducting therefrom the service charges provided for
241	in s. 215.20, shall remit the balance to the counties.
242	Section 9. Subsection (1) of section 624.521, Florida
243	Statutes, is amended to read:
244	624.521 Deposit of certain tax receipts; refund of
245	improper payments.--
246	(1) The Department of Insurance shall promptly deposit in
247	the State Treasury to the credit of the Insurance Commissioner's
248	Regulatory Trust Fund all "state tax" portions of agents' and
249	solicitors'licenses collected under s. 624.501 necessary to
250	fund the Division of Insurance Fraud. The balance of the tax
251	shall be credited to the General Fund. All moneys received by
252	the Department of Insurance not in accordance with the
253	provisions of this code or not in the exact amount as specified
254	by the applicable provisions of this code shall be returned to
255	the remitter. The records of the department shall show the date
256	and reason for such return.
257	Section 10. Section 626.015, Florida Statutes, is amended
258	to read:
259	626.015 Definitions.--As used in this part:
260	(1) "Adjuster" means a public adjuster as defined in s.
261	626.854, independent adjuster as defined in s. 626.855, or
262	company employee adjuster as defined in s. 626.856.
263	(2) "Administrative agent" means a life agent or health
264	agent who:
265	(a) Is employed by a full-time licensed life agent or
266	health agent who shall supervise and be accountable for the
267	actions of the administrative agent.
268	(b) Performs primarily administrative functions.
269	(c) Receives no insurance commissions.
270	(d) Does not solicit or transact business outside of the
271	confines of an insurance agency office.
272	(2)(3)"Agent" means a general lines agent, life agent,
273	health agent, or title agent, or all such agents, as indicated
274	by context. The term "agent" includes an insurance producer or
275	producer, but does not include a customer representative,
276	limited customer representative, or service representative.
277	(3)(4)"Appointment" means the authority given by an
278	insurer or employer to a licensee to transact insurance or
279	adjust claims on behalf of an insurer or employer.
280	(4)(5)"Customer representative" means an individual
281	appointed by a general lines agent or agency to assist that
282	agent or agency in transacting the business of insurance from
283	the office of that agent or agency.
284	(5)(6)"Department" means the Department of Insurance.
285	(6)(7)"General lines agent" means an agent transacting
286	any one or more of the following kinds of insurance:
287	(a) Property insurance.
288	(b) Casualty insurance, including commercial liability
289	insurance underwritten by a risk retention group, a commercial
290	self-insurance fund as defined in s. 624.462, or a workers'
291	compensation self-insurance fund established pursuant to s.
292	624.4621.
293	(c) Surety insurance.
294	(d) Health insurance, when transacted by an insurer also
295	represented by the same agent as to property or casualty or
296	surety insurance.
297	(e) Marine insurance.
298	(7)(8)"Health agent" means an agent representing a health
299	maintenance organization or, as to health insurance only, an
300	insurer transacting health insurance.
301	(8)(9)"Home state" means the District of Columbia and any
302	state or territory of the United States in which an insurance
303	agent maintains his or her principal place of residence and is
304	licensed to act as an insurance agent.
305	(9)(10)"Insurance agency" means a business location at
306	which an individual, firm, partnership, corporation,
307	association, or other entity, other than an employee of the
308	individual, firm, partnership, corporation, association, or
309	other entity and other than an insurer as defined by s. 624.03
310	or an adjuster as defined by subsection (1), engages in any
311	activity or employs individuals to engage in any activity which
312	by law may be performed only by a licensed insurance agent.
313	(10)(11)"License" means a document issued by the
314	department authorizing a person to be appointed to transact
315	insurance or adjust claims for the kind, line, or class of
316	insurance identified in the document.
317	(11)(12)"Life agent" means an individual representing an
318	insurer as to life insurance and annuity contracts, including
319	agents appointed to transact life insurance, fixed-dollar
320	annuity contracts, or variable contracts by the same insurer.
321	(12)(13)"Limited customer representative" means a
322	customer representative appointed by a general lines agent or
323	agency to assist that agent or agency in transacting only the
324	business of private passenger motor vehicle insurance from the
325	office of that agent or agency. A limited customer
326	representative is subject to the Florida Insurance Code in the
327	same manner as a customer representative, unless otherwise
328	specified.
329	(13)(14)"Limited lines insurance" means those categories
330	of business specified in ss. 626.321 and 635.011.
331	(14)(15)"Line of authority" means a kind, line, or class
332	of insurance an agent is authorized to transact.
333	(15)(16)(a) "Managing general agent" means any person
334	managing all or part of the insurance business of an insurer,
335	including the management of a separate division, department, or
336	underwriting office, and acting as an agent for that insurer,
337	whether known as a managing general agent, manager, or other
338	similar term, who, with or without authority, separately or
339	together with affiliates, produces directly or indirectly, or
340	underwrites an amount of gross direct written premium equal to
341	or more than 5 percent of the policyholder surplus as reported
342	in the last annual statement of the insurer in any single
343	quarter or year and also does one or more of the following:
344	1. Adjusts or pays claims.
345	2. Negotiates reinsurance on behalf of the insurer.
346	(b) The following persons shall not be considered managing
347	general agents:
348	1. An employee of the insurer.
349	2. A United States manager of the United States branch of
350	an alien insurer.
351	3. An underwriting manager managing all the insurance
352	operations of the insurer pursuant to a contract, who is under
353	the common control of the insurer subject to regulation under
354	ss. 628.801-628.803, and whose compensation is not based on the
355	volume of premiums written.
356	4. Administrators as defined by s. 626.88.
357	5. The attorney in fact authorized by and acting for the
358	subscribers of a reciprocal insurer under powers of attorney.
359	(16)(17)"Resident" means an individual domiciled and
360	residing in this state.
361	(17)(18)"Service representative" means an individual
362	employed by an insurer or managing general agent for the purpose
363	of assisting a general lines agent in negotiating and effecting
364	insurance contracts when accompanied by a licensed general lines
365	agent. A service representative shall not be simultaneously
366	licensed as a general lines agent in this state. This subsection
367	does not apply to life insurance.
368	(18)(19)"Uniform application" means the uniform
369	application of the National Association of Insurance
370	Commissioners for nonresident agent licensing, effective January
371	15, 2001, or subsequent versions adopted by rule by the
372	department.
373	Section 11. Subsection (1) of section 626.022, Florida
374	Statutes, is amended to read:
375	626.022 Scope of part.--
376	(1) This part applies as to insurance agents, solicitors,
377	service representatives, adjusters, and insurance agencies; as
378	to any and all kinds of insurance; and as to stock insurers,
379	mutual insurers, reciprocal insurers, and all other types of
380	insurers, except that:
381	(a) It does not apply as to reinsurance, except that ss.
382	626.011-626.031, ss. 626.102-626.181, ss. 626.191-626.211, ss.
383	626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541-
384	626.591, and ss. 626.601-626.711 shall apply as to reinsurance
385	intermediaries as defined in s. 626.7492.
386	(b) The applicability of this chapter as to fraternal
387	benefit societies shall be as provided in chapter 632.
388	(c) It does not apply to a bail bond agent, as defined in
389	s. 648.25, except as provided in chapter 648 or chapter 903.
390	(d) This part does not apply to a certified public
391	accountant licensed under chapter 473 who is acting within the
392	scope of the practice of public accounting, as defined in s.
393	473.302, provided that the activities of the certified public
394	accountant are limited to advising a client of the necessity of
395	obtaining insurance, the amount of insurance needed, or the line
396	of coverage needed, and provided that the certified public
397	accountant does not directly or indirectly receive or share in
398	any commission or, referral fee, or solicitor's fee.
399	Section 12. Paragraph (a) of subsection (7) of section
400	626.112, Florida Statutes, is amended to read:
401	626.112 License and appointment required; agents, customer
402	representatives, adjusters, insurance agencies, service
403	representatives, managing general agents.--
404	(7)(a) No individual, firm, partnership, corporation,
405	association, or any other entity shall act in its own name or
406	under a trade name, directly or indirectly, as an insurance
407	agency, when required to be licensed by this subsection, unless
408	it complies with s. 626.172 with respect to possessing an
409	insurance agency license for each place of business at which it
410	engages in any activity which may be performed only by a
411	licensed insurance agent or solicitor.
412	Section 13. Paragraph (a) of subsection (2) and subsection
413	(5) of section 626.171, Florida Statutes, are amended to read:
414	626.171 Application for license.--
415	(2) In the application, the applicant shall set forth:
416	(a) His or her full name, age, social security number,
417	residence address, and place of business address, and mailing
418	address.
419	(5) An application for a license as an agent, customer
420	representative, adjuster, insurance agency, service
421	representative, managing general agent, or reinsurance
422	intermediary must be accompanied by a set of the individual
423	applicant's fingerprints, or, if the applicant is not an
424	individual, by a set of the fingerprints of the sole proprietor,
425	majority owner, partners, officers, and directors, on a form
426	adopted by rule of the department and accompanied by the
427	fingerprint processing fee set forth in s. 624.501. Fingerprints
428	shall be used to investigate the applicant’s qualifications in
429	accordance with s. 626.201. The fingerprints shall be taken
430	certified by a law enforcement agency or other department-
431	approved entityofficer.
432	Section 14. Subsection (1) of section 626.175, Florida
433	Statutes, is amended to read:
434	626.175 Temporary licensing.--
435	(1) The department may issue a nonrenewable temporary
436	license for a period not to exceed 6 months authorizing
437	appointment of a general lines insurance agent or a life agent,
438	or an industrial fire or burglary agent, subject to the
439	conditions described in this section. The fees paid for a
440	temporary license and appointment shall be as specified in s.
441	624.501. Fees paid shall not be refunded after a temporary
442	license has been issued.
443	(a) An applicant for a temporary license must be:
444	1. A natural person at least 18 years of age.
445	2. A United States citizen or legal alien who possesses
446	work authorization from the United States Immigration and
447	Naturalization Service.
448	(b)(a)1. In the case of a general lines agent, the
449	department may issue a temporary license to an employee, a
450	family member, a business associate, or a personal
451	representative of a licensed general lines agent for the purpose
452	of continuing or winding up the business affairs of the agent or
453	agency in the event the licensed agent has died or become unable
454	to perform his or her duties because of military service or
455	illness or other physical or mental disability, subject to the
456	following conditions:
457	a. No other individual connected with the agent's business
458	may be licensed as a general lines agent.
459	b. The proposed temporary licensee shall be qualified for
460	a regular general lines agent license under this code except as
461	to residence, examination, education, or experience.
462	c. Application for the temporary license shall have been
463	made by the applicant upon statements and affidavit filed with
464	the department on forms prescribed and furnished by the
465	department.
466	d. Under a temporary license and appointment, the licensee
467	shall not represent any insurer not last represented by the
468	agent being replaced and shall not be licensed or appointed as
469	to any additional kind, line, or class of insurance other than
470	those covered by the last existing agency appointments of the
471	replaced agent. If an insurer withdraws from the agency during
472	the temporary license period, the temporary licensee may be
473	appointed by another similar insurer but only for the period
474	remaining under the temporary license.
475	2. A regular general lines agent license may be issued to
476	a temporary licensee upon meeting the qualifications for a
477	general lines agent license under s. 626.731.
478	(c)(b)In the case of a life agent, the department may
479	issue a temporary license:
480	1. To the executor or administrator of the estate of a
481	deceased individual licensed and appointed as a life agent at
482	the time of death;
483	2. To a surviving next of kin of the deceased individual,
484	if no administrator or executor has been appointed and
485	qualified; however, any license and appointment under this
486	subparagraph shall be canceled upon issuance of a license to an
487	executor or administrator under subparagraph 1.; or
488	3. To an individual otherwise qualified to be licensed as
489	an agent who has completed the educational or training
490	requirements prescribed in s. 626.7851 and has successfully sat
491	for the required examination prior to termination of such 6-
492	month period. The department may issue this temporary license
493	only in the case of a life agent to represent an insurer of the
494	industrial or ordinary-combination class.
495	(d)(c)In the case of a limited license authorizing
496	appointment as an industrial fire or burglary agent, the
497	department may issue a temporary license to an individual
498	otherwise qualified to be licensed as an agent who has completed
499	the educational or training requirements prescribed in s.
500	626.732 and has successfully sat for the required examination
501	prior to termination of the 6-month period.
502	Section 15. Section 626.201, Florida Statutes, is amended
503	to read:
504	626.201 Investigation.--
505	(1)The department may propound any reasonable
506	interrogatories in addition to those contained in the
507	application, to any applicant for license or appointment, or on
508	any renewal, reinstatement, or continuation thereof, relating to
509	his or her qualifications, residence, prospective place of
510	business, and any other matter which, in the opinion of the
511	department, is deemed necessary or advisable for the protection
512	of the public and to ascertain the applicant's qualifications.
513	(2)The department may, upon completion of the
514	application, make such further investigation as it may deem
515	advisable of the applicant's character, experience, background,
516	and fitness for the license or appointment. Such an inquiry or
517	investigation shall be in addition to any examination required
518	to be taken by the applicant as hereinafter in this chapter
519	provided.
520	(3) An inquiry or investigation of the applicant's
521	qualifications, character, experience, background, and fitness
522	shall in all cases include, but not be limited to, submission of
523	the applicant’s fingerprints to the Florida Department of Law
524	Enforcement and Federal Bureau of Investigation, and
525	consideration of any state criminal records, federal criminal
526	records, or local criminal records obtained from these agencies
527	or from local law enforcement agencies.
528	Section 16. Section 626.202, Florida Statutes, is amended
529	to read:
530	626.202 Fingerprinting requirements.--If there is a change
531	in ownership or control of any entity licensed under this
532	chapter, or if a new partner, officer, or director is employed
533	or appointed, a set of fingerprints of the new owner, partner,
534	officer, or director must be filed with the department within 30
535	days after the change. The acquisition of 10 percent or more of
536	the voting securities of a licensed entity is considered a
537	change of ownership or control. The fingerprints must be taken
538	certified by a law enforcement agency or other department-
539	approved entityofficerand be accompanied by the fingerprint
540	processing fee in s. 624.501.
541	Section 17. Paragraphs (e), (f), (g), and (k) of
542	subsection (2) of section 626.221, Florida Statutes, are amended
543	to read:
544	626.221 Examination requirement; exemptions.--
545	(2) However, no such examination shall be necessary in any
546	of the following cases:
547	(e) An individual who qualified as a managing general
548	agent, service representative, customer representative, or all-
549	lines adjuster by passing a general lines agent's examination
550	and subsequently was licensed and appointed and has been
551	actively engaged in all lines of property and casualty insurance
552	may, upon filing an application for appointment, be licensed and
553	appointed as a general lines agent for the same kinds of
554	business without taking another examination if he or she holds
555	any such currently effective license referred to in this
556	paragraph or held the license within 4824months prior to the
557	date of filing the application with the department.
558	(f) A person who has been licensed and appointed by the
559	department as a public adjuster or independent adjuster, or
560	licensed and appointed either as an agent or company adjuster as
561	to all property, casualty, and surety insurances, may be
562	licensed and appointed as a company adjuster as to any of such
563	insurances, or as an independent adjuster or public adjuster,
564	without additional written examination if an application for
565	appointment is filed with the department within 4824months
566	following the date of cancellation or expiration of the prior
567	appointment.
568	(g) A person who has been licensed by the department as an
569	adjuster for motor vehicle, property and casualty, workers'
570	compensation, and health insurance may be licensed as such an
571	adjuster without additional written examination if his or her
572	application for appointment is filed with the department within
573	4824months after cancellation or expiration of the prior
574	license.
575	(k) An applicant for license as a customer representative
576	who has the designation of Accredited Advisor in Insurance (AAI)
577	from the Insurance Institute of America, the designation of
578	Certified Insurance Counselor (CIC) from the Society of
579	Certified Insurance Service Counselors, the designation of
580	Accredited Customer Service Representative (ACSR) from the
581	Independent Insurance Agents of America, the designation of
582	Certified Professional Service Representative (CPSR) from the
583	National Foundation for CertifiedAssociation of Professional
584	Service RepresentativesInsurance Agents, the designation of
585	Certified Insurance Service Representative (CISR) from the
586	Society of Certified Insurance Service Representatives. Also, an
587	applicant for license as a customer representative who has the
588	designation of Certified Customer Service Representative (CCSR)
589	from the Florida Association of Insurance Agents, or the
590	designation of Registered Customer Service Representative (RCSR)
591	from a regionally accredited postsecondary institution in this
592	state, or the designation of Professional Customer Service
593	Representative (PCSR) from the Professional Career Institute,
594	whose curriculum has been approved by the department and whose
595	curriculum includes comprehensive analysis of basic property and
596	casualty lines of insurance and testing at least equal to that
597	of standard department testing for the customer representative
598	license. The department shall adopt rules establishing standards
599	for the approval of curriculum.
600	Section 18. Paragraphs (a), (c), and (d) of subsection
601	(3), paragraphs (a), (b), (c), (d), (g), (h), and (i) of
602	subsection (4), and paragraph (b) of subsection (6) of section
603	626.2815, Florida Statutes, are amended to read:
604	626.2815 Continuing education required; application;
605	exceptions; requirements; penalties.--
606	(3)(a) Each person subject to the provisions of this
607	section must, except as set forth in paragraphs(b) and (c),
608	complete a minimum of 2428hours of continuing education
609	courses every 2 years in basic or higher-level courses
610	prescribed by this section or in other courses approved by the
611	department. Each person subject to the provisions of this
612	section must complete, as part of his or hertheirrequired
613	number of continuing education hours, 3 hours of continuing
614	education, approved by the department, every 2 years on the
615	subject matter of ethics anda minimum of 2 hours of continuing
616	education, approved by the department, every 2 years on the
617	subject matter of unauthorized entities engaging in the business
618	of insurance. The scope of the topic of unauthorized entities
619	shall include the Florida Nonprofit Multiple Employer Welfare
620	Arrangement Act and the Employee Retirement Income Security Act,
621	29 U.S.C. ss. 1001 et seq., as it relates to the provision of
622	health insurance by employers to their employees and the
623	regulation thereof.
624	(c) A licensee who has been licensed for 25 years or more
625	and is a CLU or a CPCU or has a Bachelor of Science degree in
626	risk management or insurance with evidence of 18 or more
627	semester hours in upper-level insurance-related courses must
628	complete 1214hours of continuing education courses every 2
629	years in courses prescribed by this section or in other courses
630	approved by the department, except, for compliance periods
631	beginning January 1, 1998, the licensees described in this
632	paragraph shall be required to complete 10 hours of continuing
633	education courses every 2 years.
634	(d) Any person who holds a license as a customer
635	representative, limited customer representative, administrative
636	agent,title agent, motor vehicle physical damage and mechanical
637	breakdown insurance agent, crop or hail and multiple-peril crop
638	insurance agent, or as an industrial fire insurance or burglary
639	insurance agent and who is not a licensed life or health
640	insurance agent, shall be required to complete 1214hours of
641	continuing education courses every 2 years, except, for
642	compliance periods beginning on January 1, 1998, each licensee
643	subject to this paragraph shall be required to complete 10 hours
644	of continuing education courses every 2 years.
645	(4) The following courses may be completed in order to
646	meet the continuing education course requirements:
647	(a) Any part of the Life Underwriter Training Council Life
648	Course Curriculum: 2428 hours; Health Course: 1214hours.
649	(b) Any part of the American College "CLU" diploma
650	curriculum: 2428hours.
651	(c) Any part of the Insurance Institute of America's
652	program in general insurance: 1214hours.
653	(d) Any part of the American Institute for Property and
654	Liability Underwriters' Chartered Property Casualty Underwriter
655	(CPCU) professional designation program: 2428hours.
656	(g) In the case of title agents, completion of the
657	Certified Land Closer (CLC) professional designation program and
658	receipt of the designation: 2428hours.
659	(h) In the case of title agents, completion of the
660	Certified Land Searcher (CLS) professional designation program
661	and receipt of the designation: 2428hours.
662	(i) Any insurance-related course which is approved by the
663	department and taught by an accredited college or university per
664	credit hour granted: 1214hours.
665	(6)
666	(b) The board members shall be appointed as follows:
667	1. Seven members representing agents of which at least one
668	must be a representative from each of the following
669	organizations: the Florida Association of Insurance Agents; the
670	Florida Association of Insurance and Financial AdvisorsLife
671	Underwriters; the Professional Insurance Agents of Florida,
672	Inc.; the Florida Association of Health Underwriters; the
673	Specialty Agents' Association; the Latin American Agents'
674	Association; and the National Association of Insurance Women.
675	Such board members must possess at least a bachelor's degree or
676	higher from an accredited college or university with major
677	coursework in insurance, risk management, or education or
678	possess the designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In
679	addition, each member must possess 5 years of classroom
680	instruction experience or 5 years of experience in the
681	development or design of educational programs or 10 years of
682	experience as a licensed resident agent. Each organization may
683	submit to the department a list of recommendations for
684	appointment. If one organization does not submit a list of
685	recommendations, the Insurance Commissioner may select more than
686	one recommended person from a list submitted by other eligible
687	organizations.
688	2. Two members representing insurance companies at least
689	one of whom must represent a Florida Domestic Company and one of
690	whom must represent the Florida Insurance Council. Such board
691	members must be employed within the training department of the
692	insurance company. At least one such member must be a member of
693	the Society of Insurance Trainers and Educators.
694	3. One member representing the general public who is not
695	directly employed in the insurance industry. Such board member
696	must possess a minimum of a bachelor's degree or higher from an
697	accredited college or university with major coursework in
698	insurance, risk management, training, or education.
699	4. One member, appointed by the Insurance Commissioner,
700	who represents the department.
701	Section 19. Section 626.2816, Florida Statutes, is amended
702	to read:
703	626.2816 Regulation of continuing education for licensees,
704	course providers, instructors, school officials, and monitor
705	groups.--
706	(1) Continuing education course providers, instructors,
707	school officials, and monitor groups must be approved by the
708	department before offering continuing education courses pursuant
709	to ss.s. 626.2815 and 626.869.
710	(2) The department shall adopt rules establishing
711	standards for the approval, regulation, and operation of the
712	continuing education programs and for the discipline of
713	licensees, course providers, instructors, school officials, and
714	monitor groups. The standards must be designed to ensure that
715	such course providers, instructors, school officials, and
716	monitor groups have the knowledge, competence, and integrity to
717	fulfill the educational objectives of ss. 626.2815, 626.869(5),
718	648.385, and 648.386.
719	(3) The department shall adopt rules establishing a
720	process by which compliance with the continuing education
721	requirements of ss. 626.2815, 626.869(5), 648.385, and 648.386
722	can be determined, the establishment of a continuing education
723	compliance periodrequirement cyclefor licensees, and forms
724	necessary to implement such a process.
725	Section 20. Subsection (3) of section 626.2817, Florida
726	Statutes, is amended to read:
727	626.2817 Regulation of course providers, instructors,
728	school officials, and monitor groups involved in prelicensure
729	education for insurance agents and other licensees.--
730	(3) The department shall adopt rules to establish a
731	process for determining compliance with the prelicensure
732	requirements of this chapter and chapter 648 and shall establish
733	a prelicensure cycle for insurance agents and other licensees.
734	The department shall adopt rules prescribing the forms necessary
735	to administer the prelicensure requirements.
736	Section 21. Subsections (5) and (6) are added to section
737	626.311, Florida Statutes, to read:
738	626.311 Scope of license; appointment required.--
739	(5) At any time while a licensee’s license is in force, an
740	insurer may apply to the department on behalf of a licensee for
741	an appointment. The application for appointment shall set forth
742	all information the department may require. Upon receipt of the
743	appointment and payment of the applicable appointment taxes and
744	fees, the department may issue the additional appointment
745	without, in its discretion, further investigation concerning the
746	applicant.
747	(6) The department may enter into contracts with qualified
748	persons to administer all or part of the appointment process set
749	forth in this chapter.
750	Section 22. Paragraphs (a) and (e) of subsection (1) of
751	section 626.321, Florida Statutes, are amended to read:
752	626.321 Limited licenses.--
753	(1) The department shall issue to a qualified individual,
754	or a qualified individual or entity under paragraphs(c), (d),
755	(e), and (i), a license as agent authorized to transact a
756	limited class of business in any of the following categories:
757	(a) Motor vehicle physical damage and mechanical breakdown
758	insurance.--License covering insurance against only the loss of
759	or damage to any motor vehicle which is designed for use upon a
760	highway, including trailers and semitrailers designed for use
761	with such vehicles. Such license also covers insurance against
762	the failure of an original or replacement part to perform any
763	function for which it was designed. The applicant for such a
764	license shall pass a written examination covering motor vehicle
765	physical damage insurance and mechanical breakdown insurance. No
766	individual while so licensed shall hold a license as an agent or
767	solicitoras to any other or additional kind or class of
768	insurance coverage except as to a limited license for credit
769	life and disability insurances as provided in paragraph (e).
770	(e) Credit life or disability insurance.--License covering
771	only credit life or disability insurance. The license may be
772	issued only to an individual employed by a life or health
773	insurer as an officer or other salaried or commissioned
774	representative, to an individual employed by or associated with
775	a lending or financial institution or creditor, or to a lending
776	or financial institution or creditor, and may authorize the sale
777	of such insurance only with respect to borrowers or debtors of
778	such lending or financing institution or creditor. However, only
779	the individual or entity whose tax identification number is used
780	in receiving or is credited with receiving the commission from
781	the sale of such insurance shall be the licensed agent of the
782	insurer. No individual while so licensed shall hold a license as
783	an agent or solicitoras to any other or additional kind or
784	class of life or health insurance coverage. An entity holding a
785	limited license under this paragraph is also authorized to sell
786	credit insurance and credit property insurance. An entity
787	applying for a license under this section:
788	1. Is required to submit only one application for a
789	license under s. 626.171. The requirements of s. 626.171(5)
790	shall only apply to the officers and directors of the entity
791	submitting the application.
792	2. Is required to obtain a license for each office, branch
793	office, or place of business making use of the entity's business
794	name by applying to the department for the license on a
795	simplified form developed by rule of the department for this
796	purpose.
797	3. Is not required to pay any additional application fees
798	for a license issued to the offices or places of business
799	referenced in subsection (2), but is required to pay the license
800	fee as prescribed in s. 624.501, be appointed under s. 626.112,
801	and pay the prescribed appointment fee under s. 624.501. The
802	license obtained under this paragraph shall be posted at the
803	business location for which it was issued so as to be readily
804	visible to prospective purchasers of such coverage.
805	Section 23. Section 626.322, Florida Statutes, is amended
806	to read:
807	626.322 License, appointment; certain military
808	installations.--A natural person, not a resident of this state,
809	may be licensed and appointed to represent an authorized life
810	insurer domiciled in this state or an authorized foreign life
811	insurer which maintains a regional home office in this state,
812	provided such person represents such insurer exclusively at a
813	United States military installation located in a foreign
814	country. The department may, upon request of the applicant and
815	the insurer on application forms furnished by the department and
816	upon payment of fees as prescribed in s. 624.501, issue a
817	license and appointment to such person. By authorizing the
818	effectuation of an appointment for a license, the insurer is
819	thereby certifyingshall certifyto the department that the
820	applicant has the necessary training to hold himself or herself
821	out as a life insurance representative, and the insurer shall
822	further certify that it is willing to be bound by the acts of
823	such applicant within the scope of his or her employment.
824	Appointments shall be continued as prescribed in s. 626.381 and
825	upon payment of a fee as prescribed in s. 624.501, unless sooner
826	terminated. Such fees received shall be credited to the
827	Insurance Commissioner's Regulatory Trust Fund as provided for
828	in s. 624.523.
829	Section 24. Section 626.341, Florida Statutes, is amended
830	to read:
831	626.341 Additional appointments; general lines, life, and
832	health agents.--
833	(1) At any time while a licensee's license is in force, an
834	insurer may apply to the department or person designated by the
835	department to administer the appointment processon behalf of a
836	licensee for an additional appointment as general lines agent or
837	life or health agent for an additional insurer or insurers. The
838	application for appointment shall set forth all information the
839	department may require. Upon receipt of the appointment and
840	payment of the applicable appointment taxes and fees, the
841	department may issue the additional appointment without, in its
842	discretion, further investigation concerning the applicant.
843	(2) A life or health agent with an appointment in force
844	may solicit applications for policies of insurance on behalf of
845	an insurer with respect to which he or she is not an appointed
846	life or health agent, unless otherwise provided by contract, if
847	such agent simultaneously with the submission to such insurer of
848	the application for insurance solicited by him or her requests
849	the insurer to appoint him or her as agent. However, no
850	commissions shall be paid by such insurer to the agent until
851	such time as an additional appointment with respect to such
852	insurer has been received by the department or person designated
853	by the department to administer the appointment processpursuant
854	to the provisions of subsection (1).
855	Section 25. Section 626.371, Florida Statutes, is amended
856	to read:
857	626.371 Payment of fees, taxes for appointment period
858	without appointment.--
859	(1) All appointments shall be submitted to the department
860	on a monthly basis no later than 45 days after the date of
861	appointment. All appointments shall be effective as of the date
862	requested on the appointment form.
863	(2)If, upon application and qualification for an
864	appointment and such investigation as the department may make,
865	it appears to the department that an individual who was formerly
866	licensedappointedhas been actively engaged or is currently
867	actively engaged as such an appointee, but without being
868	appointed as required, the department may, if it finds that such
869	failure to be appointed was an inadvertent error on the part of
870	the insurer or employer so represented, nevertheless issue or
871	authorize the issuance ofthe appointment as applied for but
872	subject to the condition that, before the appointment is issued,
873	all fees and taxes which would have been due had the applicant
874	been so appointed during such current and prior periods,
875	together with a continuation fee for such current and prior
876	terms of appointment, shall be paid to the department.
877	(3) Failure to notify the department within the required
878	time period shall result in the appointing entity being assessed
879	a delinquent fee of $250. Delinquent fees shall be paid by the
880	appointing entity and shall not be charged to the appointee.
881	Section 26. Subsections (3) and (4) of section 626.381,
882	Florida Statutes, are amended, and subsection (7) is added to
883	said section, to read:
884	626.381 Renewal, continuation, reinstatement, or
885	termination of appointment.--
886	(3) Renewal of an appointment which is received on a date
887	set forth by the department or person designated by the
888	department to administer the appointment processin the
889	succeeding month may be renewed by the department without
890	penalty and shall be effective as of the day the appointment
891	would have expired.
892	(4) Renewal of an appointment which is received by the
893	department or person designated by the department to administer
894	the appointment processafter the date set by the department may
895	be accepted and effectuated by the department in its discretion
896	if an additional appointment, late filing,continuation, and
897	reinstatement fee accompanies the renewal pursuant to s.
898	624.501. Late filing fees shall be paid by the appointing entity
899	and shall not be charged to the appointee.
900	(7) The department may adopt rules establishing a process
901	for the renewal of appointments.
902	Section 27. Subsections (1), (2), and (3) of section
903	626.451, Florida Statutes, are amended, and subsection (7) is
904	added to said section, to read:
905	626.451 Appointment of agent or other representative.--
906	(1) Each appointing entity or person designated by the
907	department to administer the appointment processappointing an
908	agent, adjuster, service representative, customer
909	representative, or managing general agent in this state shall
910	file the appointment with the department and, at the same time,
911	pay the applicable appointment fee and taxes. Every appointment
912	shall be subject to the prior issuance of the appropriate
913	agent's, adjuster's, service representative's, customer
914	representative's, or managing general agent's license.
915	(2) By authorizing the effectuation of an appointment for
916	a licensee, the appointing entity is thereby certifying to the
917	department that an investigation of the licensee has been made
918	As a part of each appointment there shall be a certified
919	statement or affidavit of an appropriate officer or official of
920	the appointing entity stating what investigation the appointing
921	entity has made concerning the proposed appointee and his or her
922	background and that in the appointing entity's opinion andto
923	the best of its knowledge and belief, the licensee is of goodas
924	to the moral character and reputation, is fit to engage in the
925	insurance businessfitness, and reputation of the proposed
926	appointeeand any other information the department may
927	reasonably require the appointing entity to provide the
928	departmentrelative to the proposed appointee.
929	(3) By authorizing the effectuation ofInthe appointment
930	of an agent, adjuster, service representative, customer
931	representative, or managing general agent the appointing entity
932	is thereby certifying to the departmentshall also certify
933	thereinthat it is willing to be bound by the acts of the agent,
934	adjuster, service representative, customer representative, or
935	managing general agent, within the scope of the licensee’shis
936	or heremployment.
937	(7) Each licensee shall advise the department in writing
938	within 30 days after having been found guilty of or having
939	pleaded guilty or nolo contendere to a felony or a crime
940	punishable by imprisonment of 1 year or more under the laws of
941	the United States, any state of the United States, or any other
942	country, without regard to whether a judgment of conviction has
943	been entered by the court having jurisdiction of such cases.
944	Section 28. Section 626.461, Florida Statutes, is amended
945	to read:
946	626.461 Continuation of appointment of agent or other
947	representative.--Subject to renewal or continuation by the
948	appointing entity, the appointment of the agent, adjuster,
949	solicitor,service representative, customer representative, or
950	managing general agent shall continue in effect until the
951	person's license is revoked or otherwise terminated, unless
952	written notice of earlier termination of the appointment is
953	filed with the department or person designated by the department
954	to administer the appointment processby either the appointing
955	entity or the appointee.
956	Section 29. Subsections (4) and (5) of section 626.471,
957	Florida Statutes, are amended to read:
958	626.471 Termination of appointment.--
959	(4) An appointee may terminate the appointment at any time
960	by giving written or electronicnotice thereof to the appointing
961	entity,and filing a copy of the notice with the department, or
962	person designated by the department to administer the
963	appointment process. The department shall immediately terminate
964	the appointment and notify the appointing entity of such
965	termination. Such termination shall be subject to the
966	appointee's contract rights, if any.
967	(5) Upon receiving notice of termination, the department
968	or person designated by the department to administer the
969	appointment processshall terminate the appointment.
970	Section 30. Subsection (5) of section 626.601, Florida
971	Statutes, is amended to read:
972	626.601 Improper conduct; inquiry; fingerprinting.--
973	(5) If the department, after investigation, has reason to
974	believe that a licensee may have been found guilty of or pleaded
975	guilty or nolo contendere to a felony or a crime related to the
976	business of insurance in this or any other state or
977	jurisdiction, the department may require the licensee to file
978	with the department a complete set of his or her fingerprints,
979	which shall be accompanied by the fingerprint processing fee set
980	forth in s. 624.501. The fingerprints shall be takencertified
981	by an authorized law enforcement agency or other department-
982	approved entityofficer.
983	Section 31. Paragraph (b) of subsection (1) of section
984	626.731, Florida Statutes, is amended to read:
985	626.731 Qualifications for general lines agent's
986	license.--
987	(1) The department shall not grant or issue a license as
988	general lines agent to any individual found by it to be
989	untrustworthy or incompetent or who does not meet each of the
990	following qualifications:
991	(b) The applicant is a United States citizen or legal
992	alien who possesses work authorization from the United States
993	Immigration and Naturalization Service and isa bona fide
994	resident of this state. An individual who is a bona fide
995	resident of this state shall be deemed to meet the residence
996	requirement of this paragraph, notwithstanding the existence at
997	the time of application for license of a license in his or her
998	name on the records of another state as a resident licensee of
999	such other state, if the applicant furnishes a letter of
1000	clearance satisfactory to the department that the resident
1001	licenses have been canceled or changed to a nonresident basis
1002	and that he or she is in good standing.
1003	Section 32. Subsection (2) of section 626.7315, Florida
1004	Statutes, is amended to read:
1005	626.7315 Prohibition against the unlicensed transaction of
1006	general lines insurance.--With respect to any line of authority
1007	as defined in s. 626.015(7), no individual shall, unless
1008	licensed as a general lines agent:
1009	(2) Except as provided in s. 626.0428(1),in this state,
1010	receive or issue a receipt for any money on account of or for
1011	any insurer, or receive or issue a receipt for money from other
1012	persons to be transmitted to any insurer for a policy, contract,
1013	or certificate of insurance or any renewal thereof, even though
1014	the policy, certificate, or contract is not signed by him or her
1015	as agent or representative of the insurer;
1016	Section 33. Paragraphs (a), (b), and (d) of subsection (1)
1017	of section 626.732, Florida Statutes, are amended to read:
1018	626.732 Requirement as to knowledge, experience, or
1019	instruction.--
1020	(1) Except as provided in subsection (3), no applicant for
1021	a license as a general lines agent, except for a chartered
1022	property and casualty underwriter (CPCU), other than as to a
1023	limited license as to baggage and motor vehicle excess liability
1024	insurance, credit property insurance, credit insurance, in-
1025	transit and storage personal property insurance, or
1026	communications equipment property insurance or communication
1027	equipment inland marine insurance, shall be qualified or
1028	licensed unless within the 4 years immediately preceding the
1029	date the application for license is filed with the department
1030	the applicant has:
1031	(a) Taught or successfully completed classroom courses in
1032	insurance, 3 hours of which shall be on the subject matter of
1033	ethics,satisfactory to the department at a school, college, or
1034	extension division thereof, approved by the department;
1035	(b) Completed a correspondence course in insurance, 3
1036	hours of which shall be on the subject matter of ethics,
1037	satisfactory to the department and regularly offered by
1038	accredited institutions of higher learning in this state and,
1039	except if he or she is applying for a limited license under s.
1040	626.321, has had at least 6 months of responsible insurance
1041	duties as a substantially full-time bona fide employee in all
1042	lines of property and casualty insurance set forth in the
1043	definition of general lines agent under s. 626.015;
1044	(d)1. Completed at least 1 year of responsible insurance
1045	duties as a licensed and appointed customer representative or
1046	limited customer representativein either commercial or personal
1047	lines of property and casualty insurance and 40 hours of
1048	classroom courses approved by the department covering the areas
1049	of property, casualty, surety, health, and marine insurance; or
1050	2. Completed at least 1 year of responsible insurance
1051	duties as a licensed and appointed service representative in
1052	either commercial or personal lines of property and casualty
1053	insurance and 80 hours of classroom courses approved by the
1054	department covering the areas of property, casualty, surety,
1055	health, and marine insurance.
1056	Section 34. Section 626.733, Florida Statutes, is amended
1057	to read:
1058	626.733 Agency firms and corporations; special
1059	requirements.--If a sole proprietorship, partnership,
1060	corporation, or association holds an agency contract, all
1061	members thereof who solicit, negotiate, or effect insurance
1062	contracts, and all officers and stockholders of the corporation
1063	who solicit, negotiate, or effect insurance contracts, are
1064	required to qualify and be licensed individually as agents,
1065	solicitors,or customer representatives; and all of such agents
1066	must be individually appointed as to each property and casualty
1067	insurer entering into an agency contract with such agency. Each
1068	such appointing insurer as soon as known to it shall comply with
1069	this section and shall determine and require that each agent so
1070	associated in or so connected with such agency is likewise
1071	appointed as to the same such insurer and for the same type and
1072	class of license. However, no insurer is required to comply with
1073	the provisions of this section if such insurer satisfactorily
1074	demonstrates to the department that the insurer has issued an
1075	aggregate net written premium, in an agency, in an amount of
1076	$25,000 or less.
1077	Section 35. Paragraph (a) of subsection (2) and subsection
1078	(3) of section 626.7351, Florida Statutes, are amended to read:
1079	626.7351 Qualifications for customer representative's
1080	license.--The department shall not grant or issue a license as
1081	customer representative to any individual found by it to be
1082	untrustworthy or incompetent, or who does not meet each of the
1083	following qualifications:
1084	(2)(a) The applicant is a United States citizen or legal
1085	alien who possesses work authorization from the United States
1086	Immigration and Naturalization Service and isa bona fide
1087	resident of this state and will actually reside in the state at
1088	least 6 months out of the year. An individual who is a bona fide
1089	resident of this state shall be deemed to meet the residence
1090	requirements of this subsection, notwithstanding the existence
1091	at the time of application for license of a license in his or
1092	her name on the records of another state as a resident licensee
1093	of the other state, if the applicant furnishes a letter of
1094	clearance satisfactory to the department that the resident
1095	licenses have been canceled or changed to a nonresident basis
1096	and that he or she is in good standing.
1097	(3) Within the 2 years next preceding the date the
1098	application for license was filed with the department, the
1099	applicant has completed a course in insurance, 3 hours of which
1100	shall be on the subject matter of ethics,approved by the
1101	department or has had at least 6 months' experience in
1102	responsible insurance duties as a substantially full-time
1103	employee. Courses must include instruction on the subject matter
1104	of unauthorized entities engaging in the business of insurance.
1105	The scope of the topic of unauthorized entities shall include
1106	the Florida Nonprofit Multiple-Employer Welfare Arrangement Act
1107	and the Employee Retirement Income Security Act, 29 U.S.C. ss.
1108	1001 et seq., as such acts relate to the provision of health
1109	insurance by employers and the regulation of such insurance.
1110	Section 36. Subsection (2) of section 626.7354, Florida
1111	Statutes, is amended to read:
1112	626.7354 Customer representative's powers; agent's or
1113	agency's responsibility.--
1114	(2) A customer representative may engage in transacting
1115	insurance with customers who have been solicited by any agent,
1116	solicitor,or customer representative in the same agency, and
1117	may engage in transacting insurance with customers who have not
1118	been so solicited to the extent and under conditions that are
1119	otherwise consistent with this part and with the insurer's
1120	contract with the agent appointing him or her.
1121	Section 37. Paragraph (c) of subsection (1) of section
1122	626.7355, Florida Statutes, is amended to read:
1123	626.7355 Temporary license as customer representative
1124	pending examination.--
1125	(1) The department shall issue a temporary customer
1126	representative's license with respect to a person who has
1127	applied for such license upon finding that the person:
1128	(c) Is a United States citizen or legal alien who
1129	possesses work authorization from the United States Immigration
1130	and Naturalization Service and isa bona fide resident of this
1131	state or is a resident of another state sharing a common
1132	boundary with this state. An individual who is a bona fide
1133	resident of this state shall be deemed to meet the residence
1134	requirement of this paragraph, notwithstanding the existence at
1135	the time of application for license, of a license in his or her
1136	name on the records of another state as a resident licensee of
1137	such other state, if the applicant furnishes a letter of
1138	clearance satisfactory to the department that his or her
1139	resident licenses have been canceled or changed to a nonresident
1140	basis and that he or she is in good standing.
1141	Section 38. Subsection (3) of section 626.741, Florida
1142	Statutes, is amended to read:
1143	626.741 Nonresident agents; licensing and restrictions.--
1144	(3) The department shall not, however, issue any license
1145	and appointment to any nonresident who has an office or place of
1146	business in this state, or who has any direct or indirect
1147	pecuniary interest in any insurance agent or, insurance agency,
1148	or in any solicitorlicensed as a resident of this state; nor to
1149	any individual who does not, at the time of issuance and
1150	throughout the existence of the Florida license, hold a license
1151	as agent or broker issued by his or her home state; nor to any
1152	individual who is employed by any insurer as a service
1153	representative or who is a managing general agent in any state,
1154	whether or not also licensed in another state as an agent or
1155	broker. The foregoing requirement to hold a similar license in
1156	the applicant's home state does not apply to customer
1157	representatives unless the home state licenses residents of that
1158	state in a similar manner. The prohibition against having an
1159	office or place of business in this state does not apply to
1160	customer representatives who are required to conduct business
1161	solely within the confines of the office of a licensed and
1162	appointed Florida resident general lines agent in this state.
1163	The authority of such nonresident license is limited to the
1164	specific lines of authority granted in the license issued by the
1165	agent's home state and further limited to the specific lines
1166	authorized under the nonresident license issued by this state.
1167	The department shall have discretion to refuse to issue any
1168	license or appointment to a nonresident when it has reason to
1169	believe that the applicant by ruse or subterfuge is attempting
1170	to avoid the intent and prohibitions contained in this
1171	subsection or to believe that any of the grounds exist as for
1172	suspension or revocation of license as set forth in ss. 626.611
1173	and 626.621.
1174	Section 39. Paragraph (a) of subsection (1) of section
1175	626.753, Florida Statutes, is amended to read:
1176	626.753 Sharing commissions; penalty.--
1177	(1)(a) An agent may divide or share in commissions only
1178	with his or her own employed solicitors andwith other agents
1179	appointed and licensed to write the same kind or kinds of
1180	insurance.
1181	Section 40. Paragraphs (b) and (d) of subsection (1) of
1182	section 626.785, Florida Statutes, are amended to read:
1183	626.785 Qualifications for license.--
1184	(1) The department shall not grant or issue a license as
1185	life agent to any individual found by it to be untrustworthy or
1186	incompetent, or who does not meet the following qualifications:
1187	(b) Must be a United States citizen or legal alien who
1188	possesses work authorization from the United States Immigration
1189	and Naturalization Service anda bona fide resident of this
1190	state.
1191	(d) Must not be a funeral director or direct disposer, or
1192	an employee or representative thereof, or have an office in, or
1193	in connection with, a funeral establishment, except that a
1194	funeral establishment may contract with a life insurance agent
1195	to sell a preneed contract as defined in chapter 497.
1196	Notwithstanding other provisions of this chapter, such insurance
1197	agent may sell limited policies of insurance covering the
1198	expense of final disposition or burial of an insured in an
1199	amount of $12,500 plus an annual percentage increase based on
1200	the Annual Consumer Price Index compiled by the United States
1201	Department of Labor, beginning with the Annual Consumer Price
1202	Index announced by the United States Department of Labor for the
1203	year 2003not to exceed $10,000.
1204	Section 41. Subsections (1) and (2) of section 626.7851,
1205	Florida Statutes, are amended to read:
1206	626.7851 Requirement as to knowledge, experience, or
1207	instruction.--No applicant for a license as a life agent, except
1208	for a chartered life underwriter(CLU), shall be qualified or
1209	licensed unless within the 4 years immediately preceding the
1210	date the application for a license is filed with the department
1211	he or she has:
1212	(1) Successfully completed 40 hours of classroom courses
1213	in insurance, 3 hours of which shall be on the subject matter of
1214	ethics,satisfactory to the department at a school or college,
1215	or extension division thereof, or other authorized course of
1216	study, approved by the department. Courses must include
1217	instruction on the subject matter of unauthorized entities
1218	engaging in the business of insurance, to include the Florida
1219	Nonprofit Multiple-Employer Welfare Arrangement Act and the
1220	Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et
1221	seq., as it relates to the provision of life insurance by
1222	employers to their employees and the regulation thereof;
1223	(2) Successfully completed a correspondence course in
1224	insurance, 3 hours of which shall be on the subject matter of
1225	ethics,satisfactory to the department and regularly offered by
1226	accredited institutions of higher learning in this state,
1227	approved by the department. Courses must include instruction on
1228	the subject matter of unauthorized entities engaging in the
1229	business of insurance, to include the Florida Nonprofit
1230	Multiple-Employer Welfare Arrangement Act and the Employee
1231	Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
1232	it relates to the provision of life insurance by employers to
1233	their employees and the regulation thereof;
1234	Section 42. Subsection (2) of section 626.829, Florida
1235	Statutes, is amended to read:
1236	626.829 "Health agent" defined.--
1237	(2) Any person who acts for an insurer, or on behalf of a
1238	licensed representative of an insurer, to solicit applications
1239	for or to negotiate and effectuate health insurance contracts,
1240	whether or not he or she is appointed as an agent, subagent,
1241	solicitor,or canvasser or by any other title, shall be deemed
1242	to be a health agent and shall be qualified, licensed, and
1243	appointed as a health agent.
1244	Section 43. Paragraph (b) of subsection (1) of section
1245	626.831, Florida Statutes, is amended to read:
1246	626.831 Qualifications for license.--
1247	(1) The department shall not grant or issue a license as
1248	health agent as to any individual found by it to be
1249	untrustworthy or incompetent, or who does not meet the following
1250	qualifications:
1251	(b) Must be a United States citizen or legal alien who
1252	possesses work authorization from the United States Immigration
1253	and Naturalization Service anda bona fide resident of this
1254	state.
1255	Section 44. Subsections (1) and (2) of section 626.8311,
1256	Florida Statutes, are amended to read:
1257	626.8311 Requirement as to knowledge, experience, or
1258	instruction.--No applicant for a license as a health agent,
1259	except for a chartered life underwriter(CLU), shall be qualified
1260	or licensed unless within the 4 years immediately preceding the
1261	date the application for license is filed with the department he
1262	or she has:
1263	(1) Successfully completed 40 hours of classroom courses
1264	in insurance, 3 hours of which shall be on the subject matter of
1265	ethics,satisfactory to the department at a school or college,
1266	or extension division thereof, or other authorized course of
1267	study, approved by the department. Courses must include
1268	instruction on the subject matter of unauthorized entities
1269	engaging in the business of insurance, to include the Florida
1270	Nonprofit Multiple-Employer Welfare Arrangement Act and the
1271	Employee Retirement Income Security Act, 29 U.S.C. ss. 1001 et
1272	seq., as it relates to the provision of health insurance by
1273	employers to their employees and the regulation thereof;
1274	(2) Successfully completed a correspondence course in
1275	insurance, 3 hours of which shall be on the subject matter of
1276	ethics,satisfactory to the department and regularly offered by
1277	accredited institutions of higher learning in this state,
1278	approved by the department. Courses must include instruction on
1279	the subject matter of unauthorized entities engaging in the
1280	business of insurance, to include the Florida Nonprofit
1281	Multiple-Employer Welfare Arrangement Act and the Employee
1282	Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
1283	it relates to the provision of health insurance by employers to
1284	their employees and the regulation thereof;
1285	Section 45. Subsection (2) of section 626.8414, Florida
1286	Statutes, is amended to read:
1287	626.8414 Qualifications for examination.--The department
1288	must authorize any natural person to take the examination for
1289	the issuance of a license as a title insurance agent if the
1290	person meets all of the following qualifications:
1291	(2) The applicant must be a United States citizen or legal
1292	alien who possesses work authorization from the United States
1293	Immigration and Naturalization Service anda bona fide resident
1294	of this state. A person meets the residency requirement of this
1295	subsection, notwithstanding the existence at the time of
1296	application for license of a license in the applicant's name on
1297	the records of another state as a resident licensee of such
1298	other state, if the applicant furnishes a letter of clearance
1299	satisfactory to the department that the resident licenses have
1300	been canceled or changed to a nonresident basis and that the
1301	applicant is in good standing.
1302	Section 46. Paragraph (a) of subsection (3) of section
1303	626.8417, Florida Statutes, is amended to read:
1304	626.8417 Title insurance agent licensure; exemptions.--
1305	(3) The department shall not grant or issue a license as
1306	title agent to any individual found by it to be untrustworthy or
1307	incompetent, who does not meet the qualifications for
1308	examination specified in s. 626.8414, or who does not meet the
1309	following qualifications:
1310	(a) Within the 4 years immediately preceding the date of
1311	the application for license, the applicant must have completed a
1312	40-hour classroom course in title insurance, 3 hours of which
1313	shall be on the subject matter of ethics,as approved by the
1314	department, or must have had at least 12 months of experience in
1315	responsible title insurance duties, while working in the title
1316	insurance business as a substantially full-time, bona fide
1317	employee of a title agency, title agent, title insurer, or
1318	attorney who conducts real estate closing transactions and
1319	issues title insurance policies but who is exempt from licensure
1320	pursuant to paragraph(4)(a). If an applicant's qualifications
1321	are based upon the periods of employment at responsible title
1322	insurance duties, the applicant must submit, with the
1323	application for license on a form prescribed by the department,
1324	the affidavit of the applicant and of the employer setting forth
1325	the period of such employment, that the employment was
1326	substantially full time, and giving a brief abstract of the
1327	nature of the duties performed by the applicant.
1328	Section 47. Section 626.843, Florida Statutes, is amended
1329	to read:
1330	626.843 Renewal, continuation, reinstatement, termination
1331	of title insurance agent's appointment.--
1332	(1) The appointment of a title insurance agent shall
1333	continue in force until suspended, revoked, or otherwise
1334	terminated, but subject to a renewed request filed by the
1335	insurer every 24 months after the original issue date of the
1336	appointment, accompanied by payment of the renewal appointment
1337	fee and taxes as prescribed in s. 624.501.
1338	(2) Renewal of title insurance agent appointments shall be
1339	in accordance with procedures as prescribed in s. 626.381 for
1340	insurance representatives in general.Each insurer shall file
1341	with the department the lists, statements, and information as to
1342	appointments which are being renewed or being terminated,
1343	accompanied by payment of the applicable renewal fees and taxes
1344	as prescribed in s. 624.501, by a date set forth by the
1345	department following the month during which the appointments
1346	will expire.
1347	(3) Request for renewal of an appointment which is
1348	received on a date set forth by the department in the succeeding
1349	month may be renewed by the department without penalty, and
1350	shall be effective as of the day the appointment would have
1351	expired.
1352	(4) Request for renewal of an appointment which is
1353	received by the department after the date set by the department
1354	may be accepted and effectuated by the department in its
1355	discretion if an additional appointment continuation and
1356	reinstatement fee accompany the request for renewal pursuant to
1357	s. 624.501.
1358	(3)(5)The appointment issued shall remain in effect for
1359	so long as the appointment represented thereby continues in
1360	force as provided in this section.
1361	Section 48. Paragraph (b) of subsection (1) of section
1362	626.865, Florida Statutes, is amended to read:
1363	626.865 Public adjuster's qualifications, bond.--
1364	(1) The department shall issue a license to an applicant
1365	for a public adjuster's license upon determining that the
1366	applicant has paid the applicable fees specified in s. 624.501
1367	and possesses the following qualifications:
1368	(b) Is a United Stats citizen or legal alien who possesses
1369	work authorization from the United States Immigration and
1370	Naturalization Service anda bona fide resident of this state.
1371	Section 49. Subsection (2) of section 626.866, Florida
1372	Statutes, is amended to read:
1373	626.866 Independent adjuster's qualifications.--The
1374	department shall issue a license to an applicant for an
1375	independent adjuster's license upon determining that the
1376	applicable license fee specified in s. 624.501 has been paid and
1377	that the applicant possesses the following qualifications:
1378	(2) Is a United Stats citizen or legal alien who possesses
1379	work authorization from the United States Immigration and
1380	Naturalization Service anda bona fide resident of this state.
1381	Section 50. Subsection (2) of section 626.867, Florida
1382	Statutes, is amended to read:
1383	626.867 Company employee adjuster's qualifications.--The
1384	department shall issue a license to an applicant for a company
1385	employee adjuster's license upon determining that the applicable
1386	license fee specified in s. 624.501 has been paid and that the
1387	applicant possesses the following qualifications:
1388	(2) Is a United Stats citizen or legal alien who possesses
1389	work authorization from the United States Immigration and
1390	Naturalization Service anda bona fide resident of this state.
1391	Section 51. Section 626.869, Florida Statutes, is amended
1392	to read:
1393	626.869 License, adjusters.--
1394	(1) An applicant for a license as an adjuster may qualify
1395	and his or her license when issued may cover adjusting in any
1396	one of the following classes of insurance:
1397	(a) All lines of insurance except life and annuities.
1398	(b) Motor vehicle physical damage insurance.
1399	(c) Property and casualty insurance.
1400	(d) Workers' compensation insurance.
1401	(e) Health insurance.
1402	(2) All individuals who on October 1, 1990, hold an
1403	adjuster's license and appointment limited to fire and allied
1404	lines, including marine or casualty or boiler and machinery, may
1405	remain licensed and appointed under the limited license and may
1406	renew their appointment, but no license or appointment which has
1407	been terminated, not renewed, suspended, or revoked shall be
1408	reinstated, and no new or additional licenses or appointments
1409	shall be issued.
1410	(3) With the exception of a public adjuster limited to
1411	health insurance, a limited license set forth in subsection (1)
1412	as an independent or public adjuster may only be issued to and
1413	retained by an employee of an independent or public adjusting
1414	firm which is supervised by a duly appointed all-lines adjuster
1415	or an employee of an independent or public adjuster licensed and
1416	appointed in all lines of insurance other than life and annuity.
1417	The office of the limited lines adjuster shall be in the office
1418	of the licensed all-lines adjuster responsible for his or her
1419	supervision and instruction.
1420	(3)(4)The applicant's application for license shall
1421	specify which of the foregoing classes of business the
1422	application for license is to cover.
1423	(4)(5) Any individualpersonholding a license for 24
1424	consecutive months or longer and who engages in adjusting
1425	workers' compensation insurance must, beginning in his or her
1426	theirbirth month and every 2 years thereafter, have completed
1427	24 hours of courses, 2 hours of which relate to ethics, in
1428	subjects designed to inform the licensee regarding the current
1429	insuranceworkers' compensationlaws of this state, so as to
1430	enable him or her to engage in business as ana workers'
1431	compensationinsurance adjuster fairly and without injury to the
1432	public and to adjust all claims in accordance with the policy or
1433	contract and the workers' compensation laws of this state. In
1434	order to qualify as an eligible course under this subsection,
1435	the course must:
1436	(a) Have a course outline approved by the department.
1437	(b) Be taught at a school training facility or other
1438	location approved by the department.
1439	(c) Be taught by instructors with at least 5 years of
1440	experience in the area of workers' compensation, general lines
1441	of insurance, or other persons approved by the department.
1442	However, a member of The Florida Bar is exempt from the 5 years'
1443	experience requirement.
1444	(d) Furnish the attendee a certificate of completion. The
1445	course provider shall send a roster to the department in a
1446	format prescribed by the department.
1447	(5) The regulation of continuing education for licensees,
1448	course providers, instructors, school officials, and monitor
1449	groups shall be as provided for in s. 626.2816.
1450	Section 52. Subsection (1) of section 626.874, Florida
1451	Statutes, is amended to read:
1452	626.874 Catastrophe or emergency adjusters.--
1453	(1) In the event of a catastrophe or emergency, the
1454	department may issue a license, for the purposes and under the
1455	conditions which it shall fix and for the period of emergency as
1456	it shall determine, to persons who are residents or nonresidents
1457	of this state, who are at least 18 years of age, who are United
1458	States citizens or legal aliens who possess work authorization
1459	from the United States Immigration and Naturalization Service,
1460	and who are not licensed adjusters under this part but who have
1461	been designated and certified to it as qualified to act as
1462	adjusters by independent resident adjusters or by an authorized
1463	insurer or by a licensed general lines agent to adjust claims,
1464	losses, or damages under policies or contracts of insurance
1465	issued by such insurers. The fee for the license shall be as
1466	provided in s. 624.501(12)(c).
1467	Section 53. Section 626.878, Florida Statutes, is amended
1468	to read:
1469	626.878 Rules; code of ethics.--An adjuster shall
1470	subscribe to the code of ethics specified in the rules of the
1471	department. The rules shall implement the provisions of this
1472	part and specify the terms and conditions of contracts,
1473	including a right to cancel, and require practices necessary to
1474	ensure fair dealing, prohibit conflicts of interest, and ensure
1475	preservation of the rights of the claimant to participate in the
1476	adjustment of claims.
1477	Section 54. Subsection (1) of section 626.797, Florida
1478	Statutes, is amended to read:
1479	626.797 Code of ethics.--
1480	(1) The department shall, after consultation with the
1481	Florida Association Of Insurance and Financial AdvisorsLife
1482	Underwriters, adopt a code of ethics, or continue any such code
1483	heretofore so adopted, to govern the conduct of life agents in
1484	their relations with the public, other agents, and the insurers.
1485	Section 55. Paragraph (z) of subsection (1) of section
1486	626.9541, Florida Statutes, is amended to read:
1487	626.9541 Unfair methods of competition and unfair or
1488	deceptive acts or practices defined.--
1489	(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1490	ACTS.--The following are defined as unfair methods of
1491	competition and unfair or deceptive acts or practices:
1492	(z) Sliding.--Sliding is the act or practice of:
1493	1. Representing to the applicant that a specific ancillary
1494	coverage or product is required by law in conjunction with the
1495	purchase of motor vehicleinsurance when such coverage or
1496	product is not required;
1497	2. Representing to the applicant that a specific ancillary
1498	coverage or product is included in the motor vehiclepolicy
1499	applied for without an additional charge when such charge is
1500	required; or
1501	3. Charging an applicant for a specific ancillary coverage
1502	or product, in addition to the cost of the motor vehicle
1503	insurance coverage applied for, without the informed consent of
1504	the applicant.
1505	Section 56. Paragraph (f) is added to subsection (7) of
1506	section 626.9916, Florida Statutes, to read:
1507	626.9916 Viatical settlement broker license required;
1508	application for license.--
1509	(7) Upon the filing of a sworn application and the payment
1510	of the license fee and all other applicable fees under this act,
1511	the department shall investigate each applicant and may issue
1512	the applicant a license if the department finds that the
1513	applicant:
1514	(f) If a natural person, is at least 18 years of age and a
1515	United States citizen or legal alien who possesses work
1516	authorization from the United States Immigration and
1517	Naturalization Service.
1518	Section 57. Paragraph (a) of subsection (5) of section
1519	627.7295, Florida Statutes, is amended to read:
1520	627.7295 Motor vehicle insurance contracts.--
1521	(5)(a) A licensed general lines agent may charge a per-
1522	policy fee not to exceed $20$10to cover the administrative
1523	costs of the agent associated with selling the motor vehicle
1524	insurance policy if the policy covers only personal injury
1525	protection coverage as provided by s. 627.736 and property
1526	damage liability coverage as provided by s. 627.7275 and if no
1527	other insurance is sold or issued in conjunction with or
1528	collateral to the policy. The per-policy fee must be a component
1529	of the insurer's rate filing and may not be charged by an agent
1530	unless the fee is included in the filing. The fee is not
1531	considered part of the premium except for purposes of the
1532	department's review of expense factors in a filing made pursuant
1533	to s. 627.062.
1534	Section 58. Subsection (3) of section 632.634, Florida
1535	Statutes, is amended to read:
1536	632.634 Licensing and appointment of agents.--
1537	(3) Any agent, representative, or member of a society who
1538	in any preceding calendar year has solicited and procured life
1539	insurance benefit contracts on behalf of any society in a total
1540	amount of insurance less than $50,000, or, in the case of any
1541	other kind or kinds of insurance benefit contracts which the
1542	society might write, on not more than 25 individuals, shall be
1543	exempt from the agent licensing and appointment requirements of
1544	subsection (1). Upon request by the department,every society
1545	shall register, on forms prescribed by the department and on or
1546	before March 1 of each year, the name and residence address of
1547	each agent, representative, or member exempt under the
1548	provisions of this subsection and shall, within 30 days of
1549	termination of employment, notify the department of the
1550	termination. Any agent, representative, or member for which an
1551	exemption is claimed due to employment by the society subsequent
1552	to March 1 shall be registered by the society with the
1553	department within 10 days of the date of employment.
1554	Section 59. Section 634.171, Florida Statutes, is amended
1555	to read:
1556	634.171 Salesperson to be licensed and
1557	appointed.--Salespersons for motor vehicle service agreement
1558	companies and insurers shall be licensed, appointed, renewed,
1559	continued, reinstated, or terminated as prescribed in chapter
1560	626 for insurance representatives in general. However, they
1561	shall be exempt from all other provisions of chapter 626
1562	including fingerprinting, photo identification, education, and
1563	examination provisions. License, appointment, and other fees
1564	shall be those prescribed in s. 624.501. A licensed and
1565	appointed salesperson shall be directly responsible and
1566	accountable for all acts of her or his employees and other
1567	representatives. Each service agreement company or insurer
1568	shall, on forms prescribed by the department, within 30 days
1569	after termination of the appointment, notify the department of
1570	such termination. No employee or salesperson of a motor vehicle
1571	service agreement company or insurer may directly or indirectly
1572	solicit or negotiate insurance contracts, or hold herself or
1573	himself out in any manner to be an insurance agent or solicitor,
1574	unless so qualified, licensed, and appointed therefor under the
1575	Florida Insurance Code. A motor vehicle service agreement
1576	company is not required to be licensed as a salesperson to
1577	solicit, sell, issue, or otherwise transact the motor vehicle
1578	service agreements issued by the motor vehicle service agreement
1579	company.
1580	Section 60. Section 634.420, Florida Statutes, is amended
1581	to read:
1582	634.420 License and appointment of sales
1583	representatives.--Sales representatives for service warranty
1584	associations or insurers shall be licensed, appointed, renewed,
1585	continued, reinstated, or terminated in accordance with
1586	procedures as prescribed in chapter 626 for insurance
1587	representatives in general. However, they shall be exempt from
1588	all other provisions of chapter 626, including fingerprinting,
1589	photo identification, education, and examination. License,
1590	appointment, and other fees shall be those prescribed in s.
1591	624.501. A licensed and appointed sales representative shall be
1592	directly responsible and accountable for all acts of the
1593	licensed sales representative's employees or other
1594	representatives. Each service warranty association or insurer
1595	shall, on forms prescribed by the department, within 30 days
1596	after termination of the appointment, notify the department of
1597	such termination. No employee or sales representative of a
1598	service warranty association or insurer may directly or
1599	indirectly solicit or negotiate insurance contracts, or hold
1600	herself or himself out in any manner to be an insurance agent or
1601	solicitor, unless so qualified, licensed, and appointed therefor
1602	under the insurance code.
1603	Section 61. Section 642.034, Florida Statutes, is amended
1604	to read:
1605	642.034 License and appointment required.--No person may
1606	solicit, negotiate, sell, or execute legal expense insurance
1607	contracts on behalf of an insurer in this state unless such
1608	person is licensed and appointed as a sales representative or is
1609	licensed and appointed under the insurance code as a general
1610	lines agent or solicitor. No person licensed and appointed as a
1611	legal expense insurance sales representative may solicit,
1612	negotiate, sell, or execute any other contract of insurance
1613	unless such person is duly licensed and appointed to do so under
1614	the provisions of chapter 626.
1615	Section 62. Section 642.036, Florida Statutes, is amended
1616	to read:
1617	642.036 Sales representatives to be licensed and
1618	appointed.--Sales representatives of legal expense insurers
1619	shall be licensed, appointed, renewed, continued, reinstated, or
1620	terminated as prescribed in chapter 626 for insurance
1621	representatives in general, and shall pay the license and
1622	appointment fees prescribed in s. 624.501. No employee or sales
1623	representative of an insurer may directly or indirectly solicit
1624	or negotiate insurance contracts, or hold herself or himself out
1625	in any manner to be an insurance agent or solicitor, unless so
1626	qualified, licensed, and appointed therefor under the insurance
1627	code.
1628	Section 63. Section 642.045, Florida Statutes, is amended
1629	to read:
1630	642.045 Procedure for refusal, suspension, or revocation
1631	of license and appointment of sales representative; departmental
1632	action upon violation by licensed insurance agent or
1633	solicitor.--
1634	(1) If any sales representative is convicted by a court of
1635	a violation of any provision of ss. 642.011-642.049, the license
1636	and appointment of such individual shall thereby be deemed to be
1637	immediately revoked without any further procedure relative
1638	thereto by the department.
1639	(2) Whenever it appears that any licensed insurance agent
1640	or solicitorhas violated the provisions of ss. 642.011-642.049,
1641	or if any grounds listed in s. 642.041 or s. 642.043 exist as to
1642	such agent or solicitor, the department may take such action as
1643	is authorized by the insurance code for a violation of the
1644	insurance code by such agent or solicitor, or such action as is
1645	authorized by this chapter for a violation of this chapter by a
1646	sales representative.
1647	Section 64. Paragraph (b) of subsection (5) and subsection
1648	(9) of section 648.27, Florida Statutes, are amended to read:
1649	648.27 Licenses and appointments; general.--
1650	(5)
1651	(b) The license of a temporary bail bond agent or runner
1652	shall continue in force until suspended, revoked, or otherwise
1653	terminated.
1654	(9) If, upon application for an appointment and such
1655	investigation as the department may make, it appears to the
1656	department that an individual has been actively engaged or is
1657	currently actively engaged in bail bond activities without being
1658	appointed as required, the department may, if it finds that such
1659	failure to be appointed is an error on the part of the insurer
1660	or employer so represented, issue or authorize the issuance of
1661	the appointment as applied for, but subject to the condition
1662	that, before the appointment is issued, all fees and taxes which
1663	would have been due had the applicant been so appointed during
1664	such current and prior periods, together with a continuation fee
1665	for such current and prior terms of appointment, shall be paid
1666	to the department. Failure to notify the department within the
1667	required time period shall result in the appointing entity being
1668	assessed a delinquent fee of $250. Delinquent fees shall be paid
1669	by the appointing entity and shall not be charged to the
1670	appointee.
1671	Section 65. Paragraph (b) of subsection (2) and
1672	subsections (5) and (6) of section 648.34, Florida Statutes, are
1673	amended to read:
1674	648.34 Bail bond agents; qualifications.--
1675	(2) To qualify as a bail bond agent, it must affirmatively
1676	appear at the time of application and throughout the period of
1677	licensure that the applicant has complied with the provisions of
1678	s. 648.355 and has obtained a temporary license pursuant to such
1679	section and:
1680	(b) The applicant is a United States citizen or legal
1681	alien who possesses work authorization from the United States
1682	Immigration and Naturalization Service and isa resident of this
1683	state. An individual who is a resident of this state shall be
1684	deemed to meet the residence requirement of this paragraph,
1685	notwithstanding the existence, at the time of application for
1686	license, of a license in the applicant's name on the records of
1687	another state as a resident licensee of such other state, if the
1688	applicant furnishes a letter of clearance satisfactory to the
1689	department that his or her resident licenses have been canceled
1690	or changed to a nonresident basis and that he or she is in good
1691	standing.
1692	(5) The department shall conduct a comprehensive
1693	investigation of each applicant, including a background check.
1694	The inquiry or investigation of the applicant's qualifications,
1695	character, experience, background, and fitness shall in all
1696	cases include, but not be limited to, submission of the
1697	applicant’s fingerprints to the Florida Department of Law
1698	Enforcement and the Federal Bureau of Investigation and
1699	consideration of any state criminal records, federal criminal
1700	records, or local criminal records obtained from such agencies
1701	or from local law enforcement agencies.
1702	(6) The provisions of s. 112.011 do not apply to bail bond
1703	agents or runnersor to applicants for licensure as bail bond
1704	agents or runners.
1705	Section 66. Paragraphs (b) and (e) of subsection (1) of
1706	section 648.355, Florida Statutes, are amended to read:
1707	648.355 Temporary limited license as limited surety agent
1708	or professional bail bond agent; pending examination.--
1709	(1) The department may, in its discretion, issue a
1710	temporary license as a limited surety agent or professional bail
1711	bond agent, subject to the following conditions:
1712	(b) The applicant is a United States citizen or legal
1713	alien who possesses work authorization from the United States
1714	Immigration and Naturalization Service and isa resident of this
1715	state. An individual who is a resident of this state shall be
1716	deemed to meet the residence requirement of this paragraph,
1717	notwithstanding the existence, at the time of application for
1718	temporary license, of a license in the individual's name on the
1719	records of another state as a resident licensee of such other
1720	state, if the applicant furnishes a letter of clearance
1721	satisfactory to the department that the individual's resident
1722	licenses have been canceled or changed to a nonresident basis
1723	and that the individual is in good standing.
1724	(e) The applicant must be employed full-timeat the time
1725	of licensure, and at all times throughout the existence of the
1726	temporary license, by only one licensed and appointed
1727	supervising bail bond agent, who supervises the work of the
1728	applicant and is responsible for the licensee's conduct in the
1729	bail bond business. The applicant must be appointed by the same
1730	insurers as the supervising bail bond agent. The supervising
1731	bail bond agent shall certify monthly to the department under
1732	oath, on a form prescribed by the department, the names and
1733	hours worked each week of all temporary bail bond agents. Filing
1734	a false certification is grounds for the immediate suspension of
1735	the license and imposition of a $5,000 administrative fine. The
1736	department may adopt rules establishing standards for such
1737	employment requirements.
1738	Section 67. Paragraph (a) of subsection (2) and subsection
1739	(3) of section 648.382, Florida Statutes, are amended, and
1740	subsection (6) is added to said section, to read:
1741	648.382 Appointment of bail bond agents and temporary bail
1742	bond agents; effective date of appointment.--
1743	(2) Prior to any appointment, an appropriate officer or
1744	official of the appointing insurer in the case of a bail bond
1745	agent or an insurer, managing general agent, or bail bond agent
1746	in the case of a temporary bail bond agent must submit:
1747	(a) A certified statement or affidavit to the department
1748	stating what investigation has been made concerning the proposed
1749	appointee and the proposed appointee's background and the
1750	appointing person's opinion to the best of his or her knowledge
1751	and belief as to the moral character, fitness, and reputation of
1752	the proposed appointee. In lieu of such certified statement or
1753	affidavit, by authorizing the effectuation of an appointment for
1754	a licensee, the appointing insurer certifies to the department
1755	that such investigation has been made and that the results of
1756	the investigation and the appointing person’s opinion are
1757	available for review by the department;
1758	(3) By authorizing the effectuation of an appointment for
1759	a licensee, the appointing insurer certifies to the department
1760	Prior to any appointment of a bail bond agent, the appointing
1761	insurer must certify to the departmentthat the insurer will be
1762	bound by the acts of the bail bond agent acting within the scope
1763	of his or her appointment, and, in the case of a temporary bail
1764	bond agent, the appointing insurer, managing general agent, or
1765	bail bond agent, as the case may be, must certify to the
1766	department that he or she will supervise the temporary bail bond
1767	agent's activities.
1768	(6) Failure to notify the department within the required
1769	time period shall result in the appointing entity being assessed
1770	a delinquent fee of $250. Delinquent fees shall be paid by the
1771	appointing entity and shall not be charged to the appointee.
1772	Section 68. Section 648.383, Florida Statutes, is amended
1773	to read:
1774	648.383 Renewal, continuation, reinstatement, and
1775	termination of appointment; bail bond agents.--
1776	(1) The appointment of a bail bond agent shall continue in
1777	force unless suspended, revoked, or otherwise terminated,
1778	subject to a renewal request filed by the appointing entity in
1779	the appointee's birth month and every 24 months thereafter. A
1780	renewal request must be filed with the department or person
1781	designated by the department to administer the appointment
1782	processalong with payment of the renewal appointment fee and
1783	taxes as prescribed in s. 624.501.
1784	(2) Each appointing person must file with the department
1785	or person designated by the department to administer the
1786	appointment processthe lists, statement, and information as to
1787	each bail bond agent whose appointment is being renewed,
1788	accompanied by payment of the applicable renewal fees and taxes
1789	as prescribed in s. 624.501, by a date established by the
1790	department following the month during which the appointment will
1791	expire.
1792	(3) An appointment may be renewed by the department or
1793	person designated by the department to administer the
1794	appointment processwithout penalty if the information required
1795	under subsection (2) is received by the department on orprior
1796	to the expiration of an appointment in the licensee’s birth
1797	monthdate established by the department for renewal,and such
1798	appointment shall be renewedis effective as of the first day of
1799	the month succeeding the month in whichon the daythe
1800	appointment was scheduled to expire.
1801	(4) If the information required under subsection (2) is
1802	received by the department or person designated by the
1803	department to administer the appointment process after the
1804	renewal date established by the department for renewal, the
1805	appointment may be renewed by the department if thean
1806	additional appointment, late filing,continuation, and
1807	reinstatement fee accompanies the application as required under
1808	s. 624.501.
1809	Section 69. Subsections (1) and (3) of section 648.50,
1810	Florida Statutes, are amended to read:
1811	648.50 Effect of suspension, revocation upon associated
1812	licenses and licensees.--
1813	(1) Upon the suspension, revocation, or refusal to renew
1814	or continue any license or appointment or the eligibility to
1815	hold a license or appointment of a bail bond agent or,temporary
1816	bail bond agent, or runner,the department shall at the same
1817	time likewise suspend or revoke all other licenses or
1818	appointments and the eligibility to hold any other such licenses
1819	or appointments which may be held by the licensee under the
1820	Florida Insurance Code.
1821	(3) No person whose license as a bail bond agent or,
1822	temporary bail bond agent, or runnerhas been revoked or
1823	suspended shall be employed by any bail bond agent, have any
1824	ownership interest in any business involving bail bonds, or have
1825	any financial interest of any type in any bail bond business
1826	during the period of revocation or suspension.
1827	Section 70. Sections 626.032 and 626.361, Florida
1828	Statutes, are repealed.
1829	Section 71. This act shall take effect upon becoming a
1830	law.