HOUSE AMENDMENT Bill No. SB 32A
1	CHAMBER ACTION
2	Senate House
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12	Representative Johnson offered the following:
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14	Amendment (with title amendment)
15	On page 78, remove lines 6-27 and insert:
16	Section 21. Effective upon this act becoming a law, to be
17	applied retroactively to the date upon which HB 513, enacted
18	during the 2003 Regular Session of the Legislature, becomes a
19	law, and notwithstanding the provisions of HB 513 enacted during
20	the 2003 Regular Session of the Legislature, subsection (11) of
21	section 626.7451, Florida Statutes 2002, is not amended and is
22	reenacted to read:
23	626.7451 Managing general agents; required contract
24	provisions.--No person acting in the capacity of a managing
25	general agent shall place business with an insurer unless there
26	is in force a written contract between the parties which sets
27	forth the responsibility for a particular function, specifies
28	the division of responsibilities, and contains the following
29	minimum provisions:
30	(11) A licensed managing general agent, when placing
31	business with an insurer under this code, may charge a per-
32	policy fee not to exceed $25. In no instance shall the aggregate
33	of per-policy fees for a placement of business authorized under
34	this section, when combined with any other per-policy fee
35	charged by the insurer, result in per-policy fees which exceed
36	the aggregate amount of $25. The per-policy fee shall be a
37	component of the insurer's rate filing and shall be fully
38	earned.
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40	For the purposes of this section and ss. 626.7453 and 626.7454,
41	the term "controlling person" or "controlling" has the meaning
42	set forth in s. 625.012(5)(b)1., and the term "controlled
43	person" or "controlled" has the meaning set forth in s.
44	625.012(5)(b)2.
45	Section 22. Effective upon this act becoming a law, to be
46	applied retroactively to the date upon which CS/SB 2364, 2nd
47	Engrossed, enacted during the 2003 Regular Session of the
48	Legislature, becomes law, and notwithstanding the provisions of
49	CS/SB 2364, 2nd Engrossed, enacted during the 2003 Regular
50	Session of the Legislature, paragraph (a) of subsection (5) of
51	section 627.7295, Florida Statutes 2002, is not amended and is
52	reenacted to read:
53	627.7295 Motor vehicle insurance contracts.--
54	(5)(a) A licensed general lines agent may charge a per-
55	policy fee not to exceed $10 to cover the administrative costs
56	of the agent associated with selling the motor vehicle insurance
57	policy if the policy covers only personal injury protection
58	coverage as provided by s. 627.736 and property damage liability
59	coverage as provided by s. 627.7275 and if no other insurance is
60	sold or issued in conjunction with or collateral to the policy.
61	The per-policy fee must be a component of the insurer's rate
62	filing and may not be charged by an agent unless the fee is
63	included in the filing. The fee is not considered part of the
64	premium except for purposes of the department's review of
65	expense factors in a filing made pursuant to s. 627.062.
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67	================= T I T L E A M E N D M E N T =================
68	On page 4, remove lines 13-15 and insert:
69	Legislature; reenacting without amendment s. 626.7451(11), F.S.,
70	notwithstanding the provisions of HB 513, enacted during the
71	2003 Regular Session of the Legislature; providing for
72	retroactive application; reenacting without amendment s.
73	627.7295(5)(a), F.S., notwithstanding the provisions of CS/SB
74	2364, 2nd Engrossed, enacted during the 2003 Regular Session of
75	the Legislature;