HOUSE AMENDMENT Bill No. SB 40A
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 2, before line 1,
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17	insert:
18	Section 1. (1) Notwithstanding the amendment to section
19	626.7451, Florida Statutes, by HB 513, subsection (11) of
20	section 626.7451, Florida Statutes is not amended as provided by
21	that act, but is reenacted to read:
22	626.7451 Managing general agents; required contract
23	provisions.--No person acting in the capacity of a managing
24	general agent shall place business with an insurer unless there
25	is in force a written contract between the parties which sets
26	forth the responsibility for a particular function, specifies
27	the division of responsibilities, and contains the following
28	minimum provisions:
29	(11) A licensed managing general agent, when placing
30	business with an insurer under this code, may charge a per-
31	policy fee not to exceed $25. In no instance shall the aggregate
32	of per-policy fees for a placement of business authorized under
33	this section, when combined with any other per-policy fee
34	charged by the insurer, result in per-policy fees which exceed
35	the aggregate amount of $25. The per-policy fee shall be a
36	component of the insurer's rate filing and shall be fully
37	earned.
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39	For the purposes of this section and ss. 626.7453 and 626.7454,
40	the term "controlling person" or "controlling" has the meaning
41	set forth in s. 625.012(5)(b)1., and the term "controlled
42	person" or "controlled" has the meaning set forth in s.
43	625.012(5)(b)2.
44	(2) This section shall take effect upon this act becoming
45	a law, except that, if this act does not become a law before HB
46	513 becomes a law, this section shall operate retroactively to
47	the date that HB 513 becomes a law.
48	Section 2. If any law that is amended by this act was also
49	amended by a law enacted at the 2003 Regular Session of the
50	Legislature, such laws shall be construed as if they had been
51	enacted during the same session of the Legislature, and full
52	effect should be given to each if that is possible.
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54	================= T I T L E A M E N D M E N T =================
55	On page 1, line(s) 2 and 3,
56	remove: all of said lines
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58	and insert: An act relating to insurance consumer protection;
59	reenacting and amending s. 626.7451(11), F.S., notwithstanding
60	amendments to that subsection by HB 513; providing for
61	retroactive application; providing for construction of the act
62	in pari materia with laws enacted during the Regular Session of
63	the Legislature; creating s.