Amendment
Bill No. 2268
Amendment No. 832931
CHAMBER ACTION
Senate House
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1Representative Berfield offered the following:
2
3     Amendment (with title amendment)
4     Amendment
5     On page 7, line 26, through page 8, line 5,
6remove:  all of said lines
7
8and insert:
9     4.  An owner-operator of a motor vehicle who transports
10property under a written contract with a motor carrier which
11evidences a relationship by which the owner-operator assumes the
12responsibility of an employer for the performance of the
13contract, if the owner-operator is required to furnish the
14necessary motor vehicle equipment as identified in the written
15contract and the principal all costs incidental to the
16performance of the contract, including, but not limited to, fuel
17and , taxes, licenses, repairs, provided a motor carrier's
18advance of costs to the owner-operator when a written contract
19evidences the owner-operator's obligation to reimburse such
20advance shall be treated as the owner-operator furnishing such
21cost and hired help; and the owner-operator is paid a commission
22for transportation service and is not paid by the hour or on
23some other time-measured basis.
24     5.  A person whose employment is both casual and not in the
25course of the trade, business, profession, or occupation of the
26employer.
27     6.  A volunteer other than, except a volunteer worker for
28the state or a county, municipality, or other governmental
29entity. A person who does not receive monetary remuneration for
30services is presumed to be a volunteer unless there is
31substantial evidence that a valuable consideration was intended
32by both employer and employee. For purposes of this chapter, the
33term "volunteer" includes, but is not limited to:
34     a.  Persons who serve in private nonprofit agencies and who
35receive no compensation other than expenses in an amount less
36than or equivalent to the standard mileage and per diem expenses
37provided to salaried employees in the same agency or, if such
38agency does not have salaried employees who receive mileage and
39per diem, then such volunteers who receive no compensation other
40than expenses in an amount less than or equivalent to the
41customary mileage and per diem paid to salaried workers in the
42community as determined by the department; and
43     b.  Volunteers participating in federal programs
44established under Pub. L. No. 93-113.
45     7.  Unless otherwise prohibited by this chapter, any
46officer of a corporation who elects to be exempt from this
47chapter. Such officer is not an employee for any reason under
48this chapter until the notice of revocation of election filed
49pursuant to s. 440.05 is effective.
50     8.  An officer of a corporation or member of a limited
51liability company that is engaged in the construction industry
52who elects to be exempt from the provisions of this chapter, as
53otherwise permitted by this chapter. Such officer or member is
54not an employee for any reason until the notice of revocation of
55election filed pursuant to s. 440.05 is effective.
56     9.  An exercise rider who does not work for a single horse
57farm or breeder, and who is compensated for riding on a case-by-
58case basis, provided a written contract is entered into prior to
59the commencement of such activity which evidences that an
60employee/employer relationship does not exist.
61     10.  A taxicab, limousine, or other passenger vehicle-for-
62hire driver who operates said vehicles pursuant to a written
63agreement with a company which provides any dispatch, marketing,
64insurance, communications, or other services under which the
65driver and any fees or charges paid by the driver to the company
66for such services are not conditioned upon, or expressed as a
67proportion of, fare revenues.
68     11.  A person who performs services as a sports official
69for an entity sponsoring an interscholastic sports event or for
70a public entity or private, nonprofit organization that sponsors
71an amateur sports event. For purposes of this subparagraph, such
72a person is an independent contractor. For purposes of this
73subparagraph, the term "sports official" means any person who is
74a neutral participant in a sports event, including, but not
75limited to, umpires, referees, judges, linespersons,
76scorekeepers, or timekeepers. This subparagraph does not apply
77to any person employed by a district school board who serves as
78a sports official as required by the employing school board or
79who serves as a sports official as part of his or her
80responsibilities during normal school hours.
81     12.  Medicaid-enrolled clients under chapter 393 who are
82excluded from the definition of employment under s.
83443.036(21)(d)5. and served by Adult Day Training Services under
84the Home and Community-Based Medicaid Waiver program in a
85sheltered workshop setting licensed by the United States
86Department of Labor for the purpose of training and earning less
87than the federal hourly minimum wage.
88     (16)(a)  "Employer" means the state and all political
89subdivisions thereof, all public and quasi-public corporations
90therein, every person carrying on any employment, and the legal
91representative of a deceased person or the receiver or trustees
92of any person. "Employer" also includes employment agencies,
93employee leasing companies, establishments primarily engaged in
94supplying temporary or continuing help on a contract or fee
95basis where the help supplied is always on the payroll of the
96supplying establishment but under the direct or general
97supervision of the business to which the help is furnished and
98similar agents who provide employees to other persons. If the
99employer is a corporation, parties in actual control of the
100corporation, including, but not limited to, the president,
101officers who exercise broad corporate powers, directors, and all
102shareholders who directly or indirectly own a controlling
103interest in the corporation, are considered the employer for the
104purposes of ss. 440.105, 440.106, and 440.107.
105     (b)  A homeowner shall not be considered the employer of
106persons hired by the homeowner to carry out construction on the
107homeowner's own premises if those premises are not intended for
108immediate lease, sale, or resale.
109     (c)  Facilities serving individuals under subparagraph
110(15)(d)12. shall be considered agents of the Agency for Health
111Care Administration as it relates to providing Adult Day
112Training Services under the Home and Community-Based Medicaid
113Waiver program and not employers or third parties for the
114purpose of limiting or denying Medicaid benefits.
115     Section 2.  Section 624.447, Florida Statutes, is amended
116to read:
117     624.447  Certificate of insurance for contractors.--
118     (1)  Any insurer shall, upon written request accompanied by
119a copy of a certificate of insurance, verify in writing whether
120that insurer's policies listed on the a certificate of insurance
121are in effect on any contractor, as defined in s. 768.0425.
122     (2)  If a written contract requires a subcontractor, sub-
123subcontractor, or materialman to provide a policy of insurance
124or a certificate of insurance to a general contractor or
125subcontractor, extending specific coverage rights to an
126additional insured:
127(a) The general contractor or subcontractor shall have 7
128calendar days from receipt to either accept the certificate of
129insurance or the underlying policy of insurance or reject either
130as being nonconforming.  If the certificate of insurance or the
131underlying policy of insurance is rejected as being
132nonconforming, the general contractor or subcontractor must
133state the specific reasons for the rejection.
134     (b)  The certificate of insurance or underlying policy of
135insurance is deemed accepted by the general contractor or
136subcontractor, if not rejected as being non-conforming, and the
137general contractor or subcontractor may not use non-conforming
138insurance as a reason to withhold payment to or reject completed
139work by a subcontractor, sub-subcontractor, or materialman.
140However, this subsection does not apply if the certificate of
141insurance was fraudulently issued by the agent or insurer; the
142certificate of insurance reflects coverages or conditions not
143contained in the underlying policy of insurance; or the
144underlying policy of insurance is cancelled, non-renewed, or is
145materially and adversely altered during the term of the
146contract.
147     Section 3.  Paragraph (a) of subsection (3) of section
148626.2815, Florida Statutes, is amended to read:
149     626.2815  Continuing education required; application;
150exceptions; requirements; penalties.--
151     (3)(a)  Each person subject to the provisions of this
152section must, except as set forth in paragraphs (b) and (c),
153complete a minimum of 24 hours of continuing education courses
154every 2 years in basic or higher-level courses prescribed by
155this section or in other courses approved by the department.
156Each person subject to the provisions of this section must
157complete, as part of his or her required number of continuing
158education hours, 3 hours of continuing education, approved by
159the department, every 2 years on the subject matter of ethics
160and a minimum of 2 hours of continuing education, approved by
161the department, every 2 years on the subject matter of
162unauthorized entities engaging in the business of insurance. The
163scope of the topic of unauthorized entities shall include the
164Florida Nonprofit Multiple Employer Welfare Arrangement Act and
165the Employee Retirement Income Security Act, 29 U.S.C. ss. 1001
166et seq., as it relates to the provision of health insurance by
167employers to their employees and the regulation thereof.
168     Section 4.  Present subsections (15) through (17) of
169section 626.015, Florida Statutes, are redesignated as
170subsections (16) through (18), respectively, and a new
171subsection (15) is added to that section to read:
172     626.015  Definitions.--As used in this part:
173     (15)  "Personal lines agent" means a general lines agent
174who is limited to transacting business related to property and
175casualty insurance sold to individuals and families for
176noncommercial purposes.
177     Section 5.  Subsection (3) is added to section 626.022,
178Florida Statutes, to read:
179     626.022  Scope of part.--
180     (3)  Provisions of this part that apply to general lines
181agents and applicants also apply to personal lines agents and
182applicants, except where otherwise provided.
183     Section 6.  Subsection (8) is added to section 626.241,
184Florida Statutes, to read:
185     626.241  Scope of examination.--
186     (8)  An examination for licensure as a personal lines agent
187shall consist of 100 questions and shall be limited in scope to
188the kinds of business transacted under such license.
189     Section 7.  Subsection (1) of section 626.311, Florida
190Statutes, is amended to read:
191     626.311  Scope of license.--
192     (1)  Except as to personal lines agents and limited
193licenses, the applicant for license as a general lines agent or
194customer representative shall qualify for all property, marine,
195casualty, and surety lines except bail bonds which require a
196separate license under chapter 648.  The license of a general
197lines agent may also cover health insurance if health insurance
198is included in the agent's appointment by an insurer as to which
199the licensee is also appointed as agent for property or casualty
200or surety insurance.  The license of a customer representative
201shall provide, in substance, that it covers all of such classes
202of insurance that his or her appointing general lines agent or
203agency is currently so authorized to transact under the general
204lines agent's license and appointments.  No such license shall
205be issued limited to particular classes of insurance except for
206bail bonds which require a separate license under chapter 648 or
207for personal lines agents. Personal lines agents are limited to
208transacting business related to property and casualty insurance
209sold to individuals and families for noncommercial purposes.
210     Section 8.  Section 626.727, Florida Statutes, is amended
211to read:
212     626.727  Scope of this part.--This part applies only to
213general lines agents, customer representatives, service
214representatives, and managing general agents, all as defined in
215s. 626.015. Provisions of this part which apply to general lines
216agents and applicants also apply to personal lines agents and
217applicants, except where otherwise provided.
218     Section 9.  Subsection (1) of section 626.732, Florida
219Statutes, is amended to read:
220     626.732  Requirement as to knowledge, experience, or
221instruction.--
222     (1)  Except as provided in subsection (3), no applicant for
223a license as a general lines agent or personal lines agent,
224except for a chartered property and casualty underwriter (CPCU),
225other than as to a limited license as to baggage and motor
226vehicle excess liability insurance, credit property insurance,
227credit insurance, in-transit and storage personal property
228insurance, or communications equipment property insurance or
229communication equipment inland marine insurance, shall be
230qualified or licensed unless within the 4 years immediately
231preceding the date the application for license is filed with the
232department the applicant has:
233     (a)  Taught or successfully completed classroom courses in
234insurance, 3 hours of which shall be on the subject matter of
235ethics, satisfactory to the department at a school, college, or
236extension division thereof, approved by the department. To
237qualify for licensure as a personal lines agent, the applicant
238must complete a total of 52 hours of classroom courses in
239insurance;
240     (b)  Completed a correspondence course in insurance, 3
241hours of which shall be on the subject matter of ethics,
242satisfactory to the department and regularly offered by
243accredited institutions of higher learning in this state and,
244except if he or she is applying for a limited license under s.
245626.321, for licensure as a general lines agent, has had at
246least 6 months of responsible insurance duties as a
247substantially full-time bona fide employee in all lines of
248property and casualty insurance set forth in the definition of
249general lines agent under s. 626.015 or, for licensure as a
250personal lines agent, has completed at least 3 months in
251responsible insurance duties as a substantially full-time
252employee in property and casualty insurance sold to individuals
253and families for noncommercial purposes;
254     (c)  For licensure as a general lines agent, completed at
255least 1 year in responsible insurance duties as a substantially
256full-time bona fide employee in all lines of property and
257casualty insurance, exclusive of aviation and wet marine and
258transportation insurances but not exclusive of boats of less
259than 36 feet in length or aircraft not held out for hire, as set
260forth in the definition of a general lines agent under s.
261626.015, without the education requirement mentioned in
262paragraph (a) or paragraph (b) or, for licensure as a personal
263lines agent, has completed at least 6 months in responsible
264insurance duties as a substantially full-time employee in
265property and casualty insurance sold to individuals and families
266for noncommercial purposes without the education requirement in
267paragraph (a) or paragraph(b); or
268     (d)1.  For licensure as a general lines agent, completed at
269least 1 year of responsible insurance duties as a licensed and
270appointed customer representative or limited customer
271representative in commercial or personal lines of property and
272casualty insurance and 40 hours of classroom courses approved by
273the department covering the areas of property, casualty, surety,
274health, and marine insurance; or
275     2.  For licensure as a personal lines agent, completed at
276least 6 months of responsible duties as a licensed and appointed
277customer representative or limited customer representative in
278property and casualty insurance sold to individuals and families
279for noncommercial purposes and 20 hours of classroom courses
280approved by the department which are related to property and
281casualty insurance sold to individuals and families for
282noncommercial purposes;
283     (e)1.2.  For licensure as a general lines agent, completed
284at least 1 year of responsible insurance duties as a licensed
285and appointed service representative in either commercial or
286personal lines of property and casualty insurance and 80 hours
287of classroom courses approved by the department covering the
288areas of property, casualty, surety, health, and marine
289insurance; or.
290     2.  For licensure as a personal lines agent, completed at
291least 6 months of responsible insurance duties as a licensed and
292appointed service representative in property and casualty
293insurance sold to individuals and families for noncommercial
294purposes and 40 hours of classroom courses approved by the
295department related to property and casualty insurance sold to
296individuals and families for noncommercial purposes; or
297     (f)  For licensure as a personal lines agent, completed at
298least 3 years of responsible duties as a licensed and appointed
299customer representative in property and casualty insurance sold
300to individuals and families for noncommercial purposes.
301     Section 10.  The Department of Financial Services does not
302have to begin issuing licenses to personal lines agents on the
303effective date of this act if the department has not completed
304the process of incorporating necessary procedures for issuing
305personal lines licenses into its licensing systems.
306     Section 11.  Subsection (1) of section 626.747, Florida
307Statutes, is amended to read:
308     626.747  Branch agencies.--
309     (1)  Each branch place of business established by an agent
310or agency, firm, corporation, or association shall be in the
311active full-time charge of a licensed general lines agent who is
312appointed to represent one or more insurers.  Any agent or
313agency, firm, corporation, or association which has established
314one or more branch places of business shall be required to have
315at least one licensed general lines agent who is appointed to
316represent one or more insurers at each location of the agency
317including its headquarters location.
318     Section 12.  Section 627.0915, Florida Statutes, is amended
319to read:
320     627.0915  Rate filings; workers' compensation, drug-free
321workplace, and safe employers.--
322     (1)  The office shall approve rating plans for workers'
323compensation and employer's liability insurance that give
324specific identifiable consideration in the setting of rates to
325employers that either implement a drug-free workplace program
326pursuant to s. 440.102 and rules adopted thereunder by the
327commission or implement a safety program pursuant to provisions
328of the rating plan or implement both a drug-free workplace
329program and a safety program. The plans must be actuarially
330sound and must state the savings anticipated to result from such
331drug-testing and safety programs.
332     (2)  An insurer offering a rate plan approved under this
333section shall notify the employer at the time of a written offer
334of insurance and at the time of each renewal of the policy of
335the availability of the premium discount where a drug-free
336workplace plan is used by the employer pursuant to s. 440.102
337and related rules. The commission shall adopt rules to implement
338this section.
339     Section 13.  Paragraph (r) is added to subsection (6) of
340section 627.351, Florida Statutes, to read:
341     627.351  Insurance risk apportionment plans.--
342     (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
343     (r)  A salaried employee of the corporation who performs
344policy administration services subsequent to the effectuation of
345a corporation policy is not required to be licensed as an agent
346under the provisions of s. 626.112.
347     Section 14.  Paragraphs (c) and (d) of subsection (1) of
348section 626.321, Florida Statutes, are amended to read:
349     626.321  Limited licenses.--
350     (1)  The department shall issue to a qualified individual,
351or a qualified individual or entity under paragraphs (c), (d),
352(e), and (i), a license as agent authorized to transact a
353limited class of business in any of the following categories:
354     (c)  Personal accident insurance.--License covering only
355policies of personal accident insurance covering the risks of
356travel, except as provided in subparagraph 2.  The license may
357be issued only:
358     1.  To a full-time salaried employee of a common carrier or
359a full-time salaried employee or owner of a transportation
360ticket agency and may authorize the sale of such ticket policies
361only in connection with the sale of transportation tickets, or
362to the full-time salaried employee of such an agent.  No such
363policy shall be for a duration of more than 48 hours or for the
364duration of a specified one-way trip or round trip.
365     2.  To a full-time salaried employee of a business which
366offers motor vehicles for rent or lease, or to a business entity
367office of a business which offers motor vehicles for rent or
368lease if insurance sales activities authorized by the license
369are limited to full-time salaried employees.  A business office
370licensed or a person licensed pursuant to this subparagraph may,
371as an agent of an insurer, transact insurance that provides
372coverage for accidental personal injury or death of the lessee
373and any passenger who is riding or driving with the covered
374lessee in the rental motor vehicle if the lease or rental
375agreement is for not more than 30 days, or if the lessee is not
376provided coverage for more than 30 consecutive days per lease
377period; however, if the lease is extended beyond 30 days, the
378coverage may be extended one time only for a period not to
379exceed an additional 30 days.
380     (d)  Baggage and motor vehicle excess liability insurance.-
381-
382     1.  License covering only insurance of personal effects
383except as provided in subparagraph 2.  The license may be issued
384only:
385     a.  To a full-time salaried employee of a common carrier or
386a full-time salaried employee or owner of a transportation
387ticket agency, which person is engaged in the sale or handling
388of transportation of baggage and personal effects of travelers,
389and may authorize the sale of such insurance only in connection
390with such transportation; or
391     b.  To the full-time salaried employee of a licensed
392general lines agent, a full-time salaried employee of a business
393which offers motor vehicles for rent or lease, or to a business
394office of a business entity that which offers motor vehicles for
395rent or lease if insurance sales activities authorized by the
396license are in connection with and incidental to the rental of
397a motor vehicle limited to full-time salaried employees . An
398entity applying for a license under this sub-subparagraph:
399     (I)  Is required to submit only one application for a
400license under s. 626.171. The requirements of s. 626.171(5)
401shall apply only to the officers and directors of the entity
402submitting the application.
403     (II)  Is required to obtain a license for each office,
404branch office, or place of business making use of the entity's
405business name by applying to the department for the license on a
406simplified application form developed by rule of the department
407for this purpose.
408     (III)  Is required to pay the applicable fees for a license
409as prescribed in s. 624.501, be appointed under s. 626.112, and
410pay the prescribed appointment fee under s. 624.501. A licensed
411and appointed entity shall be directly responsible and
412accountable for all acts of the licensee's employees.
413
414The purchaser of baggage insurance shall be provided written
415information disclosing that the insured's homeowner's policy may
416provide coverage for loss of personal effects and that the
417purchase of such insurance is not required in connection with
418the purchase of tickets or in connection with the lease or
419rental of a motor vehicle.
420     2.  A business entity that office licensed pursuant to
421subparagraph 1., or a person licensed pursuant to subparagraph
4221. who is a full-time salaried employee of a business which
423offers motor vehicles for rent or lease, may include lessees
424under a master contract providing coverage to the lessor or may
425transact excess motor vehicle liability insurance providing
426coverage in excess of the standard liability limits provided by
427the lessor in its lease to a person renting or leasing a motor
428vehicle from the licensee's employer for liability arising in
429connection with the negligent operation of the leased or rented
430motor vehicle, provided that the lease or rental agreement is
431for not more than 30 days; that the lessee is not provided
432coverage for more than 30 consecutive days per lease period,
433and, if the lease is extended beyond 30 days, the coverage may
434be extended one time only for a period not to exceed an
435additional 30 days; that the lessee is given written notice that
436his or her personal insurance policy providing coverage on an
437owned motor vehicle may provide additional excess coverage; and
438that the purchase of the insurance is not required in connection
439with the lease or rental of a motor vehicle.  The excess
440liability insurance may be provided to the lessee as an
441additional insured on a policy issued to the licensee's
442employer.
443     3.  A business entity that office licensed pursuant to
444subparagraph 1., or a person licensed pursuant to subparagraph
4451. who is a full-time salaried employee of a business which
446offers motor vehicles for rent or lease, may, as an agent of an
447insurer, transact insurance that provides coverage for the
448liability of the lessee to the lessor for damage to the leased
449or rented motor vehicle if:
450     a.  The lease or rental agreement is for not more than 30
451days; or the lessee is not provided coverage for more than 30
452consecutive days per lease period, but, if the lease is extended
453beyond 30 days, the coverage may be extended one time only for a
454period not to exceed an additional 30 days;
455     b.  The lessee is given written notice that his or her
456personal insurance policy that provides coverage on an owned
457motor vehicle may provide such coverage with or without a
458deductible; and
459     c.  The purchase of the insurance is not required in
460connection with the lease or rental of a motor vehicle.
461     Section 15.  Subsection (2) of section 628.709, Florida
462Statutes, is amended to read:
463     628.709  Formation of a mutual insurance holding company.--
464     (2)  All of the initial shares of the capital stock of the
465insurance company which reorganized as a subsidiary insurance
466company shall be issued either to the mutual insurance holding
467company, or to an intermediate holding company which is wholly
468owned by the mutual insurance holding company. This restriction
469does not preclude the subsequent issuance of additional shares
470of stock by the subsidiary insurance company so long as the
471mutual insurance holding company at all times owns directly or
472through one or more intermediate holding companies, a majority
473of the voting shares of the capital stock of the subsidiary
474insurance company. The membership interests of the policyholders
475of the subsidiary insurance company shall become membership
476interests in the mutual insurance holding company. Policyholders
477of the subsidiary insurance company which was formerly the
478mutual insurer shall be members of the mutual insurance holding
479company in accordance with the articles of incorporation and
480bylaws of the mutual insurance holding company. At the time of
481formation, policyholders of any other subsidiary insurance
482company of the mutual insurance holding company shall not be
483members of the mutual insurance holding company unless:
484     (a)  They are policyholders of a subsidiary which was a
485mutual insurer which merged with the holding company pursuant to
486s. 628.715; or
487     (b)  They are policyholders of an affiliated stock
488insurance company, provided such policyholders were members of
489the mutual insurance company at the time the mutual insurance
490company policies were assumed by the affiliated stock insurance
491company and the assumption occurred in connection with the
492conversion.
493
494Subsequent to formation, membership shall be governed by s.
495628.727.
496     Section 16.  Subsection (6) is added to section 631.021,
497Florida Statutes, to read:
498     631.021  Jurisdiction of delinquency proceeding; venue;
499change of venue; exclusiveness of remedy; appeal.--
500     (6)  The domiciliary court acquiring jurisdiction over
501persons subject to this chapter may exercise exclusive
502jurisdiction to the exclusion of all other courts, except as
503limited by the provisions of this chapter. Upon the issuance of
504an order of conservation, rehabilitation, or liquidation, the
505Circuit Court of Leon County shall have exclusive jurisdiction
506with respect to assets or property of any insurer subject to
507such proceedings and claims against said insurer's assets or
508property.
509     Section 17.  Subsection (6) is added to section 631.041,
510Florida Statutes, to read:
511     631.041  Automatic stay; relief from stay; injunctions.--
512     (6)  The estate of an insurer in rehabilitation or
513liquidation which is injured by any willful violation of an
514applicable stay or injunction shall be entitled to actual
515damages, including costs and attorney's fees, and, in
516appropriate circumstances, the receivership court may impose
517additional sanctions.
518     Section 18.  Section 631.0515, Florida Statutes, is amended
519to read:
520     631.0515  Appointment of receiver; insurance holding
521company.--A delinquency proceeding pursuant to this chapter
522constitutes the sole and exclusive method of dissolving,
523liquidating, rehabilitating, reorganizing, conserving, or
524appointing a receiver of a Florida corporation which is not
525insolvent as defined by s. 607.01401(16); which through its
526shareholders, board of directors, or governing body is
527deadlocked in the management of its affairs; and which directly
528or indirectly owns all of the stock of a Florida domestic
529insurer. The department may petition for an order directing it
530to rehabilitate such corporation if the interests of
531policyholders or the public will be harmed as a result of the
532deadlock. The department shall use due diligence to resolve the
533deadlock. Whether or not the department petitions for an order,
534the circuit court shall not have jurisdiction pursuant to s.
535607.271, s. 607.274, or s. 607.277 to dissolve, liquidate, or
536appoint receivers with respect to, a Florida corporation which
537directly or indirectly owns all of the stock of a Florida
538domestic insurer and which is not insolvent as defined by s.
539607.01401(16). However, a managing general agent or holding
540company with a controlling interest in a domestic insurer in
541this state is subject to jurisdiction of the court under the
542provisions of s. 631.025.
543     Section 19.  Paragraph (a) of subsection (7) of section
544631.141, Florida Statutes, is amended to read:
545     631.141  Conduct of delinquency proceeding; domestic and
546alien insurers.--
547     (7)(a)  In connection with a delinquency proceeding, the
548department may appoint one or more special agents to act for it,
549and it may employ such counsel, clerks, and assistants as it
550deems necessary. The compensation of the special agents,
551counsel, clerks, or assistants and all expenses of taking
552possession of the insurer and of conducting the proceeding shall
553be fixed by the receiver, subject to the approval of the court,
554and shall be paid out of the funds or assets of the insurer.
555Such expenses are administrative expenses and are recoverable by
556the receiver in any actions in which the receiver is authorized
557or entitled to recover its administrative expenses. Within the
558limits of duties imposed upon them, special agents shall possess
559all the powers given to and, in the exercise of those powers,
560shall be subject to all duties imposed upon the receiver with
561respect to such proceeding.
562     Section 20.  Section 631.205, Florida Statutes, is amended
563to read:
564     631.205  Reinsurance proceeds.--All reinsurance proceeds
565payable under a contract of reinsurance to which the insolvent
566insurer is a party are to be paid directly to the domiciliary
567receiver as general assets of the receivership estate unless the
568reinsurance contract contains a clause which specifically names
569the insolvent insurer's insured as a direct beneficiary of the
570reinsurance contract. The entry of an order of conservation,
571rehabilitation, or liquidation shall not be deemed an
572anticipatory breach of any reinsurance contract, nor shall
573insolvency or notice of insolvency be grounds for retroactive
574revocation or retroactive cancellation of any reinsurance
575contracts by the reinsurer.
576     Section 21.  Section 631.206, Florida Statutes, is created
577to read:
578     631.206  Arbitration.--If an insurer in receivership has
579entered into an agreement containing an arbitration provision
580for resolution of disputes, that provision is void and shall be
581replaced by operation of law with the following provision:  Any
582controversy or claim arising out of or relating to this
583contract, or the breach thereof, shall be settled by arbitration
584pursuant to the American Arbitration Association Commercial
585Arbitration Rules and chapter 682, Florida Statutes, and
586judgment on the award rendered by the arbitrators shall be
587entered by the receivership court. Venue shall be in Leon
588County, Florida. Disputes shall be submitted to a panel of three
589arbitrators, one to be chosen by each party and the third by the
590two so chosen. Arbitrators shall be selected from a list of
591potential qualified arbitrators with 10 years' experience
592involving the insurance industry. If the parties do not agree
593upon the qualifications of a mediator, each party shall select
594its mediator from a list of potential mediators approved by the
595receivership court.
596     Section 22.  Subsection (1) of section 631.261, Florida
597Statutes, is amended, and subsection (4) is added to said
598section, to read:
599     631.261  Voidable transfers.--
600     (1)(a)  Any transfer of, or lien upon, the property of an
601insurer or affiliate which is made or created within 4 months
602prior to the commencement of any delinquency proceeding under
603this chapter which gives with the intent of giving to any
604creditor of the insurer a preference or enables of enabling the
605creditor to obtain a greater percentage of her or his debt than
606any other creditor of the same class, and which is accepted by
607such creditor having reasonable cause to believe that such
608preference will occur, shall be voidable.
609     (b)  Any transfer of, or lien upon, the property of an
610insurer or affiliate which is made or created between 4 months
611and 1 year prior to the commencement of any delinquency
612proceeding under this chapter is void if such transfer or lien
613inured to the benefit of a director, officer, employee,
614stockholder, member, subscriber, affiliate, managing general
615agent, or insider or any relative of any director, officer,
616employee, stockholder, member, subscriber, affiliate, managing
617general agent, or insider.
618     (4)  For purposes of this section, a transfer is not made
619or created until the insurer or affiliate has acquired rights in
620the property transferred.
621     Section 23.  Subsection (2) of section 631.262, Florida
622Statutes, is amended to read:
623     631.262  Transfers prior to petition.--
624     (2)  Transfers shall be deemed to have been made or
625suffered, or obligations incurred, when perfected according to
626the following criteria:
627     (a)  A transfer of property other than real property shall
628be deemed to be made or suffered when it becomes so far
629perfected that no subsequent lien obtainable by legal or
630equitable proceedings on a simple contract could become superior
631to the rights of the transferee.;
632     (b)  A transfer of real property shall be deemed to be made
633or suffered when it becomes so far perfected that no subsequent
634bona fide purchaser from the insurer could obtain rights
635superior to the rights of the transferee.;
636     (c)  A transfer which creates an equitable lien shall not
637be deemed to be perfected if there are available means by which
638a legal lien could be created.;
639     (d)  Any transfer not perfected prior to the filing of a
640petition in a delinquency proceeding shall be deemed to be made
641immediately before the filing of a successful petition.;
642     (e)  For the purposes of this section, a transfer is not
643made until the insurer or affiliate has acquired rights in the
644property transferred.
645     (f)(e)  Paragraphs (a)-(e) (a)-(d) apply whether or not
646there are or were creditors who might have obtained any liens or
647persons who might have become bona fide purchasers.
648     Section 24.  Subsection (6) is added to section 631.263,
649Florida Statutes, to read:
650     631.263  Transfers after petition.--
651     (6)  For the purposes of this section, a transfer is not
652made until the insurer or affiliate has acquired rights in the
653property transferred.
654     Section 25.  Subsection (3) of section 631.54, Florida
655Statutes, is amended to read:
656     631.54  Definitions.--As used in this part:
657     (3)  "Covered claim" means an unpaid claim, including one
658of unearned premiums, which arises out of, and is within the
659coverage, and not in excess of, the applicable limits of an
660insurance policy to which this part applies, issued by an
661insurer, if such insurer becomes an insolvent insurer after
662October 1, 1970, and the claimant or insured is a resident of
663this state at the time of the insured event or the property from
664which the claim arises is permanently located in this state.
665"Covered claim" shall not include:
666     (a)  Any amount due any reinsurer, insurer, insurance pool,
667or underwriting association, sought directly or indirectly
668through a third party, as subrogation, contribution,
669indemnification, or otherwise; or
670     (b)  Any claim that would otherwise be a covered claim
671under this part that has been rejected by any other state
672guaranty fund on the grounds that an insured's net worth is
673greater than that allowed under that state's guaranty law .
674Member insurers shall have no right of subrogation,
675contribution, indemnification, or otherwise, sought directly or
676indirectly through a third party, against the insured of any
677insolvent member.
678     Section 26.  Subsection (2) of section 631.904, Florida
679Statutes, is amended to read:
680     631.904  Definitions.--As used in this part, the term:
681     (2)  "Covered claim" means an unpaid claim, including a
682claim for return of unearned premiums, which arises out of, is
683within the coverage of, and is not in excess of the applicable
684limits of, an insurance policy to which this part applies, which
685policy was issued by an insurer and which claim is made on
686behalf of a claimant or insured who was a resident of this state
687at the time of the injury. The term "covered claim" does not
688include any amount sought as a return of premium under any
689retrospective rating plan; any amount due any reinsurer,
690insurer, insurance pool, or underwriting association, as
691subrogation recoveries or otherwise; any claim that would
692otherwise be a covered claim that has been rejected by any other
693state guaranty fund on the grounds that the insured's net worth
694is greater than that allowed under that state's guaranty fund or
695liquidation law, except this exclusion from the definition of
696covered claim shall not apply to claims of employers who, prior
697to April 30, 2004, entered into an agreement with the
698corporation preserving the employer's right to seek coverage of
699claims rejected by another state's guaranty fund; or any return
700of premium resulting from a policy that was not in force on the
701date of the final order of liquidation. Member insurers have no
702right of subrogation against the insured of any insolvent
703insurer. This provision shall be applied retroactively to cover
704claims of an insolvent self-insurance fund resulting from
705accidents or losses incurred prior to January 1, 1994,
706regardless of the date the petition in circuit court was filed
707alleging insolvency and the date the court entered an order
708appointing a receiver.
709     Section 27.  Section 634.1815, Florida Statutes, is created
710to read:
711     634.1815  Rebating; when allowed.--
712     (1)  No salesperson shall rebate any portion of his or her
713commission except as follows:
714     (a)  The rebate shall be available to all consumers in the
715same actuarial class.
716     (b)  The rebate shall be in accordance with a rebating
717schedule filed by the salesperson with the service agreement
718company issuing the service agreement to which the rebate
719applies. The service agreement company shall maintain a copy of
720all rebating schedules for a period of 3 years.
721     (c)  The rebating schedule shall be uniformly applied so
722all consumers who purchase the same service agreement through
723the salesperson for the same coverage shall receive the same
724percentage rebate.
725     (d)  The rebate schedule shall be prominently displayed in
726public view in the salesperson's place of business, and a copy
727shall be made available to consumers on request at no charge.
728     (e)  The age, sex, place of residence, race, nationality,
729ethnic origin, marital status, or occupation of the consumer
730shall not be used in determining the percentage of the rebate or
731whether a rebate is available.
732     (2)  No rebate shall be withheld or limited in amount based
733on factors which are unfairly discriminatory.
734     (3)  No rebate shall be given which is not reflected on the
735rebate schedule.
736     (4)  No rebate shall be refused or granted based upon the
737purchase of or failure to purchase collateral business.
738     Section 28.  Section 634.3205, Florida Statutes, is created
739to read:
740     634.3205  Rebating; when allowed.--
741     (1)  No sales representative shall rebate any portion of
742his or her commission except as follows:
743     (a)  The rebate shall be available to all consumers in the
744same actuarial class.
745     (b)  The rebate shall be in accordance with a rebating
746schedule filed by the sales representative with the home
747warranty association issuing the home warranty to which the
748rebate applies. The home warranty association shall maintain a
749copy of all rebating schedules for a period of 3 years.
750     (c)  The rebating schedule shall be uniformly applied so
751all consumers who purchase the same home warranty through the
752sales representative for the same coverage shall receive the
753same percentage rebate.
754     (d)  The rebate schedule shall be prominently displayed in
755public view in the sales representative's place of business, and
756a copy shall be made available to consumers on request at no
757charge.
758     (e)  The age, sex, place of residence, race, nationality,
759ethnic origin, marital status, or occupation of the consumer
760shall not be used in determining the percentage of the rebate or
761whether a rebate is available.
762     (2)  No rebate shall be withheld or limited in amount based
763on factors which are unfairly discriminatory.
764     (3)  No rebate shall be given which is not reflected on the
765rebate schedule.
766     (4)  No rebate shall be refused or granted based upon the
767purchase of or failure to purchase collateral business.
768     Section 29.  Subsection (8) is added to section 634.406,
769Florida Statutes, to read:
770     634.406  Financial requirements.--
771     (8)  An association licensed under this part and holding no
772other license under part I or part II of this chapter is not
773required to establish an unearned premium reserve or maintain
774contractual liability insurance and may allow its premiums to
775exceed the ratio to net assets limitation of this section if the
776association complies with the following:
777     (a)  The association or, if the association is a direct or
778indirect wholly owned subsidiary of a parent corporation, its
779parent corporation has, and maintains at all times, a minimum
780net worth of at least $100 million and provides the office with
781the following:
782     1.  A copy of the association's annual audited financial
783statements or the audited consolidated financial statements of
784the association's parent corporation, prepared by an independent
785certified public accountant in accordance with generally
786accepted accounting principles, which clearly demonstrate the
787net worth of the association or its parent corporation to be
788$100 million and a quarterly written certification to the office
789that such entity continues to maintain the net worth required
790under this paragraph.
791     2.  The association's, or its parent corporation's, Form
79210K, Form 10Q, or Form 20F as filed with the United States
793Securities and Exchange Commission or such other documents
794required to be filed with a recognized stock exchange, which
795shall be provided on a quarterly and annual basis within 10 days
796after the last date each such report must be filed with the
797Securities and Exchange Commission, the National Association of
798Security Dealers Automated Quotation system, or other recognized
799stock exchange.
800
801Failure to timely file the documents required under this
802paragraph may, at the discretion of the office, subject the
803association to suspension or revocation of its license under
804this part. An association or parent corporation demonstrating
805compliance with subparagraph 1. and subparagraph 2. must
806maintain outstanding debt obligations, if any, rated in the top
807four rating categories by a recognized rating service.
808     (b)  If the net worth of a parent corporation is used to
809satisfy the net worth provisions of paragraph (a), the following
810provisions must be met:
811     1.  The parent corporation must guarantee all service
812warranty obligations of the association, wherever written, on a
813form approved in advance by the office. No cancellation,
814termination, or modification of the guarantee shall become
815effective unless the parent corporation provides the office
816written notice at least 90 days before the effective date of the
817cancellation, termination, or modification and the office
818approves the request in writing. Prior to the effective date of
819cancellation, termination, or modification of the guarantee, the
820association must demonstrate to the satisfaction of the office
821compliance with all applicable provisions of this part,
822including whether the association will meet the requirements of
823this section by the purchase of contractual liability insurance,
824establishing required reserves, or other method allowed under
825this section. If the association or parent corporation does not
826demonstrate to the satisfaction of the office compliance with
827all applicable provisions of this part, it shall immediately
828cease writing new and renewal business upon the effective date
829of the cancellation, termination, or modification.
830     2.  The association must maintain at all times net assets
831of at least $750,000.
832     Section 30.  Section 634.4225, Florida Statutes, is created
833to read:
834     634.4225  Rebating; when allowed.--
835     (1)  No sales representative shall rebate any portion of
836his or her commission except as follows:
837     (a)  The rebate shall be available to all consumers in the
838same actuarial class.
839     (b)  The rebate shall be in accordance with a rebating
840schedule filed by the sales representative with the association
841issuing the service warranty to which the rebate applies. The
842association shall maintain a copy of all rebating schedules for
843a period of 3 years.
844     (c)  The rebating schedule shall be uniformly applied so
845all consumers who purchase the same service warranty through the
846sales representative for the same coverage shall receive the
847same percentage rebate.
848     (d)  The rebate schedule shall be prominently displayed in
849public view in the sales representative's place of business, and
850a copy shall be made available to consumers on request at no
851charge.
852     (e)  The age, sex, place of residence, race, nationality,
853ethnic origin, marital status, or occupation of the consumer
854shall not be used in determining the percentage of the rebate or
855whether a rebate is available.
856     (2)  No rebate shall be withheld or limited in amount based
857on factors which are unfairly discriminatory.
858     (3)  No rebate shall be given which is not reflected on the
859rebate schedule.
860     (4)  No rebate shall be refused or granted based upon the
861purchase of or failure to purchase collateral business.
862     Section 31.  Subsection (2) of section 624.4072, Florida
863Statutes, is amended to read:
864     624.4072  Minority-owned property and casualty insurers;
865limited exemption for taxation and assessments.--
866     (2)  Subsection (1) applies only to personal lines and
867commercial lines residential property insurance policies as
868defined in s. 627.4025, and applies only to an insurer that has
869employees in this state and has a home office or a regional
870office in this state.  With respect to any tax year or
871assessment year, beginning with the original enactment of this
872section, the exemptions provided by subsection (1) apply only if
873during the year an average of at least 10 percent of the
874insurer's Florida residential property policies in force
875included coverage of covered properties located in enterprise
876zones designated pursuant to s. 290.0065.
877     Section 32.  Subsection (1) of section 627.0629, Florida
878Statutes, is amended to read:
879     627.0629  Residential property insurance; rate filings.--
880     (1)(a)  Effective June 1, 2002, a rate filing for
881residential property insurance must include actuarially
882reasonable discounts, credits, or other rate differentials, or
883appropriate reductions in deductibles, for properties on which
884fixtures or construction techniques demonstrated to reduce the
885amount of loss in a windstorm have been installed or
886implemented. The fixtures or construction techniques shall
887include, but not be limited to, fixtures or construction
888techniques which enhance roof strength, roof covering
889performance, roof-to-wall strength, wall-to-floor-to-foundation
890strength, opening protection, and window, door, and skylight
891strength. Credits, discounts, or other rate differentials for
892fixtures and construction techniques which meet the minimum
893requirements of the Florida Building Code must be included in
894the rate filing. All insurance companies must make a rate filing
895which includes the credits, discounts, or other rate
896differentials by February 28, 2003.
897     (b)  An insurer may petition the office for a hardship
898exemption from the requirements of this section. In applying for
899such an exemption, the insurer must demonstrate:
900     1.a.  That the number of policies written is insufficient
901or of insufficient size to determine the appropriate credit,
902discount, or other rate differential or reduction in
903deductibles; or
904     b.  That the premium derived from the number of policies
905written is so low as to render any credit, discount, or other
906rate differential or appropriate reduction in deductibles not
907cost-effective;
908     3.  That the cost of complying is greater to the insurer
909than the resultant likely savings by virtue of any such credit,
910discount, or other rate differential or appropriate reduction in
911deductibles due to the actuarially demonstrated or actual small
912number of policyholders likely to qualify for or qualifying for
913the discount, credit, or other rate differential or appropriate
914reduction in deductibles;
915     4.  That the type and condition of the market generally and
916specifically to the insurer is such that the discount, credit,
917or other rate differential or appropriate reduction in
918deductibles is not actuarially justified;
919     5.  That granting the exemption is in the best interest of
920the insurer; and
921     6.  That granting the exemption will not place the insurer
922in an unfair competitive position with respect to other insurers
923in the marketplace.
924
925The office may grant the exemption upon its determination that
926the conditions and standards set forth in this paragraph have
927been met. The exemption is valid for 3 years after the date
928granted. With respect to any petition for renewal of the
929exemption, the chief executive officer of the insurer must
930certify that there has been no material change in the conditions
931under which the exemption was granted.
932     Section 33.  Sections 627.066 and 627.215, Florida
933Statutes, are repealed.
934     Section 34.  Paragraph (d) of subsection (2) of section
935627.0651, Florida Statutes, is amended to read:
936     627.0651  Making and use of rates for motor vehicle
937insurance.--
938     (2)  Upon receiving notice of a rate filing or rate change,
939the office shall review the rate or rate change to determine if
940the rate is excessive, inadequate, or unfairly discriminatory.
941In making that determination, the office shall in accordance
942with generally accepted and reasonable actuarial techniques
943consider the following factors:
944     (d)  Investment income reasonably expected by the insurer,
945consistent with the insurer's investment practices, from
946investable premiums anticipated in the filing, plus any other
947expected income from currently invested assets representing the
948amount expected on unearned premium reserves and loss reserves.  
949Such investment income shall not include income from invested
950surplus.  The commission may adopt rules utilizing reasonable
951techniques of actuarial science and economics to specify the
952manner in which insurers shall calculate investment income
953attributable to motor vehicle insurance policies written in this
954state and the manner in which such investment income is used in
955the calculation of insurance rates.  Such manner shall
956contemplate the use of a positive underwriting profit allowance
957in the rates that will be compatible with a reasonable rate of
958return plus provisions for contingencies. The total of the
959profit and contingency factor as specified in the filing shall
960be utilized in computing excess profits in conjunction with s.
961627.066. In adopting such rules, the commission shall in all
962instances adhere to and implement the provisions of this
963paragraph.
964     Section 35.  Subsection (4) of section 628.6017, Florida
965Statutes, is amended to read:
966     628.6017  Converting assessable mutual insurer.--
967     (4)  An assessable mutual insurer becoming a stock insurer
968or a nonassessable mutual insurer shall not be subject to s.
969627.215 or s. 627.351(5) for 5 years following authorization of
970the conversion by the office. However, the converted stock
971insurer or nonassessable mutual insurer shall file all necessary
972data required by s. 627.215. Such amounts otherwise subject to
973s. 627.215(10) shall be maintained as surplus as to
974policyholders and not be available for dividends for a period of
9755 years.
976     Section 36.  Effective upon this act becoming a law, and
977contingent upon the enactment of SB 2910, HB 1629, or similar
978legislation, subsection (20) of section 627.64872, Florida
979Statutes, is created to read:
980     627.64872  Florida Health Insurance Plan.--
981     (20)  COMBINING MEMBERSHIP OF THE FLORIDA COMPREHENSIVE
982HEALTH ASSOCIATION.--
983     (a)1.  Upon implementation of the Florida Health Insurance
984Plan, the Florida Comprehensive Health Association, as specified
985in s. 627.6488, is abolished as a separate nonprofit entity and
986shall be subsumed under the Board of Directors of the Florida
987Health Insurance Plan. All individuals actively enrolled in the
988Florida Comprehensive Health Association shall be enrolled in
989the plan subject to its rules and requirements, except as
990otherwise specified in this section. Maximum lifetime benefits
991paid to an individual in the plan may not exceed the amount
992established under subsection (16), and benefits previously paid
993for any individual by the Florida Comprehensive Health
994Association shall be used in the determination of the total
995lifetime benefits paid under the plan.
996     2.  All persons enrolled in the Florida Comprehensive
997Health Association upon implementation of the Florida Health
998Insurance Plan are eligible only for the benefits authorized
999under subsection (16). Persons identified by this section shall
1000convert to the benefits authorized under subsection (16) no
1001later than January 1, 2005.
1002     3.  Except as otherwise provided in this section, the
1003Florida Comprehensive Health Association shall operate under the
1004existing plan of operation without modification until the
1005adoption of the new plan of operation for the Florida Health
1006Insurance Plan.
1007     (b)  As a condition of doing business in this state, an
1008insurer shall pay an assessment to the board in the amount
1009prescribed by this paragraph. For operating losses incurred on
1010or after July 1, 2004, by persons previously enrolled in the
1011Florida Comprehensive Health Association, each insurer shall
1012annually be assessed by the board in the following calendar year
1013a portion of such incurred operating losses of the plan. Such
1014portion shall be determined by multiplying such operating losses
1015by a fraction, the numerator of which equals the insurer's
1016earned premium pertaining to direct writings of health insurance
1017in the state during the calendar year proceeding that for which
1018the assessment is levied, and the denominator of which equals
1019the total of all such premiums earned by participating insurers
1020in the state during such calendar year. For the purposes of this
1021section only, the term "health insurance" means any hospital and
1022medical expense incurred policy, minimum premium plan, stop-loss
1023coverage, health maintenance organization contract, prepaid
1024health clinic contract, multiple-employer welfare arrangement
1025contract, or fraternal benefit society health benefits contract,
1026whether sold as an individual or group policy or contract. The
1027term does not include any policy covering medical payment
1028coverage or personal injury protection coverage in a motor
1029vehicle policy, coverage issued as a supplement to liability
1030insurance, or workers' compensation.
1031     Section 37.  Section 624.428, Florida Statutes, is amended
1032to read:
1033     624.428  Licensed agent law, life and health insurances.--
1034     (1)  No life insurer shall deliver or issue for delivery in
1035this state any policy of life insurance, master group life
1036insurance contract, master credit life policy or agreement,
1037annuity contract, or contract or policy of health insurance,
1038unless the application for such policy or contract is taken by,
1039and the delivery of such policy or contract is made through, a
1040resident or nonresident an insurance agent of the insurer duly
1041licensed and appointed under the law of this state, who shall
1042receive the usual commission due to an agent from such insurer.
1043     (2)  Each such insurer shall maintain a licensed and
1044appointed resident or nonresident agent at all times for the
1045purpose of and through whom policies or contracts issued or
1046delivered in this state shall be serviced.
1047     (3)  This section does not apply to policies of insurance
1048or annuity contracts on nonresidents which are applied for
1049outside, and delivered in, the state or to reissuance of
1050insurance policies or endorsements thereto which are part of a
1051mass reissuance of such policies or endorsements and do not
1052involve a change of premium or payment of agent's commissions.
1053     Section 38.  Section 627.0915, Florida Statutes, is amended
1054to read:
1055     627.0915  Rate filings; workers' compensation, drug-free
1056workplace, and safe employers.--
1057     (1)  The office shall approve rating plans for workers'
1058compensation and employer's liability insurance that give
1059specific identifiable consideration in the setting of rates to
1060employers that either implement a drug-free workplace program
1061pursuant to s. 440.102 and rules adopted thereunder by the
1062commission or implement a safety program pursuant to provisions
1063of the rating plan or implement both a drug-free workplace
1064program and a safety program. The plans must be actuarially
1065sound and must state the savings anticipated to result from such
1066drug-testing and safety programs.
1067     (2)  An insurer offering a rate plan approved under this
1068section shall notify the employer at the time of a written offer
1069of insurance and at the time of each renewal of the policy of
1070the availability of the premium discount where a drug-free
1071workplace plan is used by the employer pursuant to s. 440.102
1072and related rules. The commission shall adopt rules to implement
1073this section.
1074     Section 39.  Subsection (7) of section 440.16, Florida
1075Statutes, is repealed.
1076     Section 40.  For purposes of s. 440.102, Florida Statutes,
1077a physician shall not serve as a medical review officer when a
1078specimen submitted for a drug test is:
1079     (1)  Collected by such physician or by an person or entity
1080who employs, is employed by, contracts with, or otherwise
1081provides a financial benefit to such physician; or
1082     (2)  Submitted by an employee or job applicant who is a
1083recipient of any medical service from such physician or from any
1084person or entity who employs, is employed by, contracts with or
1085otherwise provides a financial benefit to such physician.
1086
1087================= T I T L E  A M E N D M E N T =================
1088     On page 1, line 8,
1089remove:  all of said line
1090
1091and insert:
1092as corporate officers; amending s. 624.447, F.S., relating to
1093certificate of insurance for contractors; prohibiting
1094withholding of payment under certain conditions; amending s.
1095626.2815, F.S.; deleting certain minimum continuing education
1096requirements; amending s. 626.015, F.S.; defining the term
1097"personal lines agent";  amending s. 626.022, F.S.; providing
1098for application; amending s. 626.241, F.S.; limiting the scope
1099of personal lines agent examinations; amending s. 626.311, F.S.;
1100limiting the types of business that may be transacted by
1101personal lines agents; amending s. 626.727, F.S.; providing that
1102certain provisions apply to personal lines agents; amending s.
1103626.732, F.S.; revising certain education and experience
1104requirements for personal lines agents; amending s. 626.747,
1105F.S.; requiring branch agencies to have certain licensed agents
1106at each location; amending s. 627.0915, F.S., relating to drug-
1107free workplace discounts; providing for notice by insurers to
1108employers of the availability of premium discounts where certain
1109drug-free workplace programs are used; amending s. 627.351,
1110F.S.; providing that certain employees of the Citizens' Property
1111Insurance Corporation need not be licensed as agents; providing
1112that the act does not require the Department of Financial
1113Services to begin issuing certain licenses by the effective date
1114of the act, under specified conditions; amending s. 626.321,
1115F.S.; limiting the types of business that may be transacted by
1116personal lines agents; amending s. 628.709, F.S.; revising
1117membership criteria for mutual insurance holding companies
1118relating to policyholders of subsidiary insurance companies;
1119amending s. 631.021, F.S.; authorizing certain domiciliary
1120courts to exercise exclusive jurisdiction over certain persons
1121under certain circumstances; specifying the Circuit Court of
1122Leon County as having exclusive jurisdiction over certain
1123proceedings and claims; amending s. 631.041, F.S.; entitling the
1124estates of certain injured insurers to actual damages;
1125authorizing a receivership court to impose additional sanctions;
1126amending s. 631.0515, F.S.; subjecting certain managing general
1127agents or holding companies to court jurisdiction under certain
1128circumstances; amending s. 631.141, F.S.; specifying certain
1129expenses as administrative and recoverable by a receiver in
1130certain proceedings; amending s. 631.205, F.S.; specifying that
1131entry of certain orders does not constitute anticipatory breach
1132of certain contracts or serve as grounds for certain adverse
1133contract actions by a reinsurer; creating s. 631.206, F.S.;
1134voiding certain contractual arbitration provisions by insurers
1135in receivership; specifying a replacement arbitration provision;
1136amending s. 631.261, F.S.; voiding certain transfers or liens
1137made by certain persons prior to certain delinquency
1138proceedings; specifying a criterion for making certain
1139transfers; amending ss. 631.262 and 631.263, F.S.; specifying a
1140criterion for making certain transfers; amending ss. 631.54 and
1141631.904, F.S.; revising the definition of covered claim;
1142excluding certain claims rejected by another state's guaranty
1143fund under certain circumstances; providing an exception;
1144denying member insurers any right to indemnification or
1145contribution sought through third parties; creating s. 634.1815,
1146F.S.; providing conditions under which a salesperson of a motor
1147vehicle service agreement company may rebate his or her
1148commission; creating s. 634.3205, F.S.; providing conditions
1149under which a sales representative of a home warranty
1150association may rebate his or her commission; amending s.
1151634.406, F.S.; providing conditions under which a service
1152warranty association is exempt from certain premium reserve and
1153liability insurance requirements and may allow premiums to
1154exceed certain limits; creating s. 634.4225, F.S.; providing
1155conditions under which a sales representative of a service
1156warranty association may rebate his or her commission; amending
1157s. 624.4072, F.S.; specifying applicability of certain
1158exemptions for minority-owned property and casualty insurers;
1159amending s. 627.0629, F.S.; authorizing an exemption for certain
1160insurers under certain circumstances; repealing ss. 627.066 and
1161627.215, F.S., relating to insurance profits; amending ss.
1162627.0651 and 628.6017, F.S., to conform; creating s.
1163627.64872(20), F.S.; defining the term "health insurance" for
1164purposes of this section; creating s. 17.0416, F.S.; amending s.
1165624.428, F.S.; clarifying provisions relating to resident agent
1166requirements for insurers issuing specified types of life
1167insurance policies; amending s. 627.0915, F.S., relating to
1168drug-free workplace discounts; providing for notice by insurers
1169to employers of the availability of premium discounts where
1170certain drug-free workplace programs are used; repealing s.
1171440.16(7), F.S., relating to compensation for death benefits for
1172aliens; prohibiting a physician from serving as a medical review
1173officer for drug-free workplaces for specimens submitted for a
1174drug test under certain circumstances; amending ss. 440.05,


CODING: Words stricken are deletions; words underlined are additions.