Amendment
Bill No. 2588
Amendment No. 467323
CHAMBER ACTION
Senate House
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1Representative Berfield offered the following:
2
3     Amendment (with title amendment)
4     On page 16, between lines 3 and 4,
5insert:
6     Section 15.  Paragraph (a) of subsection (3) of section
7626.2815, Florida Statutes, is amended to read:
8     626.2815  Continuing education required; application;
9exceptions; requirements; penalties.--
10     (3)(a)  Each person subject to the provisions of this
11section must, except as set forth in paragraphs (b) and (c),
12complete a minimum of 24 hours of continuing education courses
13every 2 years in basic or higher-level courses prescribed by
14this section or in other courses approved by the department.
15Each person subject to the provisions of this section must
16complete, as part of his or her required number of continuing
17education hours, 3 hours of continuing education, approved by
18the department, every 2 years on the subject matter of ethics
19and a minimum of 2 hours of continuing education, approved by
20the department, every 2 years on the subject matter of
21unauthorized entities engaging in the business of insurance. The
22scope of the topic of unauthorized entities shall include the
23Florida Nonprofit Multiple Employer Welfare Arrangement Act and
24the Employee Retirement Income Security Act, 29 U.S.C. ss. 1001
25et seq., as it relates to the provision of health insurance by
26employers to their employees and the regulation thereof.
27     Section 16.  Present subsections (15) through (17) of
28section 626.015, Florida Statutes, are redesignated as
29subsections (16) through (18), respectively, and a new
30subsection (15) is added to that section to read:
31     626.015  Definitions.-- As used in this part:
32     (15)  "Personal lines agent" means a general lines agent
33who is limited to transacting business related to property and
34casualty insurance sold to individuals and families for
35noncommercial purposes.
36     Section 17.  Subsection (3) is added to section 626.022,
37Florida Statutes, to read:
38     626.022  Scope of part.--
39     (3)  Provisions of this part that apply to general lines
40agents and applicants also apply to personal lines agents and
41applicants, except where otherwise provided.
42     Section 18.  Subsection (8) is added to section 626.241,
43Florida Statutes, to read:
44     626.241  Scope of examination.--
45     (8)  An examination for licensure as a personal lines agent
46shall consist of 100 questions and shall be limited in scope to
47the kinds of business transacted under such license.
48     Section 19.  Subsection (1) of section 626.311, Florida
49Statutes, is amended to read:
50     626.311  Scope of license.--
51     (1)  Except as to personal lines agents and limited
52licenses, the applicant for license as a general lines agent or
53customer representative shall qualify for all property, marine,
54casualty, and surety lines except bail bonds which require a
55separate license under chapter 648.  The license of a general
56lines agent may also cover health insurance if health insurance
57is included in the agent's appointment by an insurer as to which
58the licensee is also appointed as agent for property or casualty
59or surety insurance.  The license of a customer representative
60shall provide, in substance, that it covers all of such classes
61of insurance that his or her appointing general lines agent or
62agency is currently so authorized to transact under the general
63lines agent's license and appointments.  No such license shall
64be issued limited to particular classes of insurance except for
65bail bonds which require a separate license under chapter 648 or
66for personal lines agents. Personal lines agents are limited to
67transacting business related to property and casualty insurance
68sold to individuals and families for noncommercial purposes.
69     Section 20.  Section 626.727, Florida Statutes, is amended
70to read:
71     626.727  Scope of this part.-- This part applies only to
72general lines agents, customer representatives, service
73representatives, and managing general agents, all as defined in
74s. 626.015. Provisions of this part which apply to general lines
75agents and applicants also apply to personal lines agents and
76applicants, except where otherwise provided.
77     Section 21.  Subsection (1) of section 626.732, Florida
78Statutes, is amended to read:
79     626.732  Requirement as to knowledge, experience, or
80instruction.--
81     (1)  Except as provided in subsection (3), no applicant for
82a license as a general lines agent or personal lines agent,
83except for a chartered property and casualty underwriter (CPCU),
84other than as to a limited license as to baggage and motor
85vehicle excess liability insurance, credit property insurance,
86credit insurance, in-transit and storage personal property
87insurance, or communications equipment property insurance or
88communication equipment inland marine insurance, shall be
89qualified or licensed unless within the 4 years immediately
90preceding the date the application for license is filed with the
91department the applicant has:
92     (a)  Taught or successfully completed classroom courses in
93insurance, 3 hours of which shall be on the subject matter of
94ethics, satisfactory to the department at a school, college, or
95extension division thereof, approved by the department. To
96qualify for licensure as a personal lines agent, the applicant
97must complete a total of 52 hours of classroom courses in
98insurance;
99     (b)  Completed a correspondence course in insurance, 3
100hours of which shall be on the subject matter of ethics,
101satisfactory to the department and regularly offered by
102accredited institutions of higher learning in this state and,
103except if he or she is applying for a limited license under s.
104626.321, for licensure as a general lines agent, has had at
105least 6 months of responsible insurance duties as a
106substantially full-time bona fide employee in all lines of
107property and casualty insurance set forth in the definition of
108general lines agent under s. 626.015 or, for licensure as a
109personal lines agent, has completed at least 3 months in
110responsible insurance duties as a substantially full-time
111employee in property and casualty insurance sold to individuals
112and families for noncommercial purposes;
113     (c)  For licensure as a general lines agent, completed at
114least 1 year in responsible insurance duties as a substantially
115full-time bona fide employee in all lines of property and
116casualty insurance, exclusive of aviation and wet marine and
117transportation insurances but not exclusive of boats of less
118than 36 feet in length or aircraft not held out for hire, as set
119forth in the definition of a general lines agent under s.
120626.015, without the education requirement mentioned in
121paragraph (a) or paragraph (b) or, for licensure as a personal
122lines agent, has completed at least 6 months in responsible
123insurance duties as a substantially full-time employee in
124property and casualty insurance sold to individuals and families
125for noncommercial purposes without the education requirement in
126paragraph (a) or paragraph(b); or
127     (d)1.  For licensure as a general lines agent, completed at
128least 1 year of responsible insurance duties as a licensed and
129appointed customer representative or limited customer
130representative in commercial or personal lines of property and
131casualty insurance and 40 hours of classroom courses approved by
132the department covering the areas of property, casualty, surety,
133health, and marine insurance; or
134     2.  For licensure as a personal lines agent, completed at
135least 6 months of responsible duties as a licensed and appointed
136customer representative or limited customer representative in
137property and casualty insurance sold to individuals and families
138for noncommercial purposes and 20 hours of classroom courses
139approved by the department which are related to property and
140casualty insurance sold to individuals and families for
141noncommercial purposes;
142     (e)1.2.  For licensure as a general lines agent, completed
143at least 1 year of responsible insurance duties as a licensed
144and appointed service representative in either commercial or
145personal lines of property and casualty insurance and 80 hours
146of classroom courses approved by the department covering the
147areas of property, casualty, surety, health, and marine
148insurance; or.
149     2.  For licensure as a personal lines agent, completed at
150least 6 months of responsible insurance duties as a licensed and
151appointed service representative in property and casualty
152insurance sold to individuals and families for noncommercial
153purposes and 40 hours of classroom courses approved by the
154department related to property and casualty insurance sold to
155individuals and families for noncommercial purposes; or
156     (f)  For licensure as a personal lines agent, completed at
157least 3 years of responsible duties as a licensed and appointed
158customer representative in property and casualty insurance sold
159to individuals and families for noncommercial purposes.
160     Section 22.  The Department of Financial Services does not
161have to begin issuing licenses to personal lines agents on the
162effective date of this act if the department has not completed
163the process of incorporating necessary procedures for issuing
164personal lines licenses into its licensing systems.
165     Section 23.  Subsection (1) of section 626.747, Florida
166Statutes, is amended to read:
167     626.747  Branch agencies.--
168     (1)  Each branch place of business established by an agent
169or agency, firm, corporation, or association shall be in the
170active full-time charge of a licensed general lines agent who is
171appointed to represent one or more insurers.  Any agent or
172agency, firm, corporation, or association which has established
173one or more branch places of business shall be required to have
174at least one licensed general lines agent who is appointed to
175represent one or more insurers at each location of the agency
176including its headquarters location.
177     Section 24.  Paragraph (r) is added to subsection (6) of
178section 627.351, Florida Statutes, to read:
179     627.351  Insurance risk apportionment plans.--
180     (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
181     (r)  A salaried employee of the corporation who performs
182policy administration services subsequent to the effectuation of
183a corporation policy is not required to be licensed as an agent
184under the provisions of s. 626.112.
185     Section 25.  Paragraphs (c) and (d) of subsection (1) of
186section 626.321, Florida Statutes, are amended to read:
187     626.321  Limited licenses.--
188     (1)  The department shall issue to a qualified individual,
189or a qualified individual or entity under paragraphs (c), (d),
190(e), and (i), a license as agent authorized to transact a
191limited class of business in any of the following categories:
192     (c)  Personal accident insurance.--License covering only
193policies of personal accident insurance covering the risks of
194travel, except as provided in subparagraph 2.  The license may
195be issued only:
196     1.  To a full-time salaried employee of a common carrier or
197a full-time salaried employee or owner of a transportation
198ticket agency and may authorize the sale of such ticket policies
199only in connection with the sale of transportation tickets, or
200to the full-time salaried employee of such an agent.  No such
201policy shall be for a duration of more than 48 hours or for the
202duration of a specified one-way trip or round trip.
203     2.  To a full-time salaried employee of a business which
204offers motor vehicles for rent or lease, or to a business entity
205office of a business which offers motor vehicles for rent or
206lease if insurance sales activities authorized by the license
207are limited to full-time salaried employees.  A business office
208licensed or a person licensed pursuant to this subparagraph may,
209as an agent of an insurer, transact insurance that provides
210coverage for accidental personal injury or death of the lessee
211and any passenger who is riding or driving with the covered
212lessee in the rental motor vehicle if the lease or rental
213agreement is for not more than 30 days, or if the lessee is not
214provided coverage for more than 30 consecutive days per lease
215period; however, if the lease is extended beyond 30 days, the
216coverage may be extended one time only for a period not to
217exceed an additional 30 days.
218     (d)  Baggage and motor vehicle excess liability
219insurance.--
220     1.  License covering only insurance of personal effects
221except as provided in subparagraph 2.  The license may be issued
222only:
223     a.  To a full-time salaried employee of a common carrier or
224a full-time salaried employee or owner of a transportation
225ticket agency, which person is engaged in the sale or handling
226of transportation of baggage and personal effects of travelers,
227and may authorize the sale of such insurance only in connection
228with such transportation; or
229     b.  To the full-time salaried employee of a licensed
230general lines agent, a full-time salaried employee of a business
231which offers motor vehicles for rent or lease, or to a business
232office of a business entity that which offers motor vehicles for
233rent or lease if insurance sales activities authorized by the
234license are in connection with and incidental to the rental of a
235motor vehicle limited to full-time salaried employees. An entity
236applying for a license under this sub-subparagraph:
237     (I)  Is required to submit only one application for a
238license under s. 626.171. The requirements of s. 626.171(5)
239shall apply only to the officers and directors of the entity
240submitting the application.
241     (II)  Is required to obtain a license for each office,
242branch office, or place of business making use of the entity's
243business name by applying to the department for the license on a
244simplified application form developed by rule of the department
245for this purpose.
246     (III)  Is required to pay the applicable fees for a license
247as prescribed in s. 624.501, be appointed under s. 626.112, and
248pay the prescribed appointment fee under s. 624.501. A licensed
249and appointed entity shall be directly responsible and
250accountable for all acts of the licensee's employees.
251
252The purchaser of baggage insurance shall be provided written
253information disclosing that the insured's homeowner's policy may
254provide coverage for loss of personal effects and that the
255purchase of such insurance is not required in connection with
256the purchase of tickets or in connection with the lease or
257rental of a motor vehicle.
258     2.  A business entity that office licensed pursuant to
259subparagraph 1., or a person licensed pursuant to subparagraph
2601. who is a full-time salaried employee of a business which
261offers motor vehicles for rent or lease, may include lessees
262under a master contract providing coverage to the lessor or may
263transact excess motor vehicle liability insurance providing
264coverage in excess of the standard liability limits provided by
265the lessor in its lease to a person renting or leasing a motor
266vehicle from the licensee's employer for liability arising in
267connection with the negligent operation of the leased or rented
268motor vehicle, provided that the lease or rental agreement is
269for not more than 30 days; that the lessee is not provided
270coverage for more than 30 consecutive days per lease period,
271and, if the lease is extended beyond 30 days, the coverage may
272be extended one time only for a period not to exceed an
273additional 30 days; that the lessee is given written notice that
274his or her personal insurance policy providing coverage on an
275owned motor vehicle may provide additional excess coverage; and
276that the purchase of the insurance is not required in connection
277with the lease or rental of a motor vehicle.  The excess
278liability insurance may be provided to the lessee as an
279additional insured on a policy issued to the licensee's
280employer.
281     3.  A business entity that office licensed pursuant to
282subparagraph 1., or a person licensed pursuant to subparagraph
2831. who is a full-time salaried employee of a business which
284offers motor vehicles for rent or lease, may, as an agent of an
285insurer, transact insurance that provides coverage for the
286liability of the lessee to the lessor for damage to the leased
287or rented motor vehicle if:
288     a.  The lease or rental agreement is for not more than 30
289days; or the lessee is not provided coverage for more than 30
290consecutive days per lease period, but, if the lease is extended
291beyond 30 days, the coverage may be extended one time only for a
292period not to exceed an additional 30 days;
293     b.  The lessee is given written notice that his or her
294personal insurance policy that provides coverage on an owned
295motor vehicle may provide such coverage with or without a
296deductible; and
297     c.  The purchase of the insurance is not required in
298connection with the lease or rental of a motor vehicle.
299     Section 26.  Section 627.0915, Florida Statutes, is amended
300to read:
301     627.0915  Rate filings; workers' compensation, drug-free
302workplace, and safe employers.-
303     (1)  The office shall approve rating plans for workers'
304compensation and employer's liability insurance that give
305specific identifiable consideration in the setting of rates to
306employers that either implement a drug-free workplace program
307pursuant to s. 440.102 and rules adopted under such section by
308the commission or implement a safety program pursuant to
309provisions of the rating plan or implement both a drug-free
310workplace program and a safety program. The plans must be
311actuarially sound and must state the savings anticipated to
312result from such drug-testing and safety programs.
313     (2)  An insurer offering a rate plan approved under this
314section shall notify the employer at the time of the initial
315quote for the policy and at the time of each renewal of the
316policy of the availability of the premium discount where a drug
317fee workplace plan is used by the employer pursuant to s.
318440.102 and rules adopted under such section. The Financial
319Services Commission may adopt rules to implement the provisions
320of this subsection.
321     Section 27.  Subsection (2) of section 628.709, Florida
322Statutes, is amended to read:
323     628.709  Formation of a mutual insurance holding company.--
324     (2)  All of the initial shares of the capital stock of the
325insurance company which reorganized as a subsidiary insurance
326company shall be issued either to the mutual insurance holding
327company, or to an intermediate holding company which is wholly
328owned by the mutual insurance holding company. This restriction
329does not preclude the subsequent issuance of additional shares
330of stock by the subsidiary insurance company so long as the
331mutual insurance holding company at all times owns directly or
332through one or more intermediate holding companies, a majority
333of the voting shares of the capital stock of the subsidiary
334insurance company. The membership interests of the policyholders
335of the subsidiary insurance company shall become membership
336interests in the mutual insurance holding company. Policyholders
337of the subsidiary insurance company which was formerly the
338mutual insurer shall be members of the mutual insurance holding
339company in accordance with the articles of incorporation and
340bylaws of the mutual insurance holding company. At the time of
341formation, policyholders of any other subsidiary insurance
342company of the mutual insurance holding company shall not be
343members of the mutual insurance holding company unless:
344     (a)  They are policyholders of a subsidiary which was a
345mutual insurer which merged with the holding company pursuant to
346s. 628.715; or
347     (b)  They are policyholders of an affiliated stock
348insurance company, provided such policyholders were members of
349the mutual insurance company at the time the mutual insurance
350company policies were assumed by the affiliated stock insurance
351company and the assumption occurred in connection with the
352conversion.
353
354Subsequent to formation, membership shall be governed by s.
355628.727.
356     Section 28.  Subsection (6) is added to section 631.021,
357Florida Statutes, to read:
358     631.021  Jurisdiction of delinquency proceeding; venue;
359change of venue; exclusiveness of remedy; appeal.--
360     (6)  The domiciliary court acquiring jurisdiction over
361persons subject to this chapter may exercise exclusive
362jurisdiction to the exclusion of all other courts, except as
363limited by the provisions of this chapter. Upon the issuance of
364an order of conservation, rehabilitation, or liquidation, the
365Circuit Court of Leon County shall have exclusive jurisdiction
366with respect to assets or property of any insurer subject to
367such proceedings and claims against said insurer's assets or
368property.
369     Section 29.  Subsection (6) is added to section 631.041,
370Florida Statutes, to read:
371     631.041  Automatic stay; relief from stay; injunctions.--
372     (6)  The estate of an insurer in rehabilitation or
373liquidation which is injured by any willful violation of an
374applicable stay or injunction shall be entitled to actual
375damages, including costs and attorney's fees, and, in
376appropriate circumstances, the receivership court may impose
377additional sanctions.
378     Section 30.  Section 631.0515, Florida Statutes, is amended
379to read:
380     631.0515  Appointment of receiver; insurance holding
381company.--A delinquency proceeding pursuant to this chapter
382constitutes the sole and exclusive method of dissolving,
383liquidating, rehabilitating, reorganizing, conserving, or
384appointing a receiver of a Florida corporation which is not
385insolvent as defined by s. 607.01401(16); which through its
386shareholders, board of directors, or governing body is
387deadlocked in the management of its affairs; and which directly
388or indirectly owns all of the stock of a Florida domestic
389insurer. The department may petition for an order directing it
390to rehabilitate such corporation if the interests of
391policyholders or the public will be harmed as a result of the
392deadlock. The department shall use due diligence to resolve the
393deadlock. Whether or not the department petitions for an order,
394the circuit court shall not have jurisdiction pursuant to s.
395607.271, s. 607.274, or s. 607.277 to dissolve, liquidate, or
396appoint receivers with respect to, a Florida corporation which
397directly or indirectly owns all of the stock of a Florida
398domestic insurer and which is not insolvent as defined by s.
399607.01401(16). However, a managing general agent or holding
400company with a controlling interest in a domestic insurer in
401this state is subject to jurisdiction of the court under the
402provisions of s. 631.025.
403     Section 31.  Paragraph (a) of subsection (7) of section
404631.141, Florida Statutes, is amended to read:
405     631.141  Conduct of delinquency proceeding; domestic and
406alien insurers.--
407     (7)(a)  In connection with a delinquency proceeding, the
408department may appoint one or more special agents to act for it,
409and it may employ such counsel, clerks, and assistants as it
410deems necessary. The compensation of the special agents,
411counsel, clerks, or assistants and all expenses of taking
412possession of the insurer and of conducting the proceeding shall
413be fixed by the receiver, subject to the approval of the court,
414and shall be paid out of the funds or assets of the insurer.
415Such expenses are administrative expenses and are recoverable by
416the receiver in any actions in which the receiver is authorized
417or entitled to recover its administrative expenses. Within the
418limits of duties imposed upon them, special agents shall possess
419all the powers given to and, in the exercise of those powers,
420shall be subject to all duties imposed upon the receiver with
421respect to such proceeding.
422     Section 32.  Section 631.205, Florida Statutes, is amended
423to read:
424     631.205  Reinsurance proceeds.--All reinsurance proceeds
425payable under a contract of reinsurance to which the insolvent
426insurer is a party are to be paid directly to the domiciliary
427receiver as general assets of the receivership estate unless the
428reinsurance contract contains a clause which specifically names
429the insolvent insurer's insured as a direct beneficiary of the
430reinsurance contract. The entry of an order of conservation,
431rehabilitation, or liquidation shall not be deemed an
432anticipatory breach of any reinsurance contract, nor shall
433insolvency or notice of insolvency be grounds for retroactive
434revocation or retroactive cancellation of any reinsurance
435contracts by the reinsurer.
436     Section 33.  Section 631.206, Florida Statutes, is created
437to read:
438     631.206  Arbitration.--If an insurer in receivership has
439entered into an agreement containing an arbitration provision
440for resolution of disputes, that provision is void and shall be
441replaced by operation of law with the following provision:
442
443Any controversy or claim arising out of or relating to
444this contract, or the breach thereof, shall be settled
445by arbitration pursuant to the American Arbitration
446Association Commercial Arbitration Rules and chapter
447682, Florida Statutes, and judgment on the award
448rendered by the arbitrators shall be entered by the
449receivership court. Venue shall be in Leon County,
450Florida. Disputes shall be submitted to a panel of
451three arbitrators, one to be chosen by each party and
452the third by the two so chosen. Arbitrators shall be
453selected from a list of potential qualified
454arbitrators with 10 years' experience involving the
455insurance industry. If the parties do not agree upon
456the qualifications of a mediator, each party shall
457select its mediator from a list of potential mediators
458approved by the receivership court.
459
460     Section 34.  Subsection (1) of section 631.261, Florida
461Statutes, is amended, and subsection (4) is added to said
462section, to read:
463     631.261  Voidable transfers.--
464     (1)(a)  Any transfer of, or lien upon, the property of an
465insurer or affiliate which is made or created within 4 months
466prior to the commencement of any delinquency proceeding under
467this chapter which gives with the intent of giving to any
468creditor of the insurer a preference or enables of enabling the
469creditor to obtain a greater percentage of her or his debt than
470any other creditor of the same class, and which is accepted by
471such creditor having reasonable cause to believe that such
472preference will occur, shall be voidable.
473     (b)  Any transfer of, or lien upon, the property of an
474insurer or affiliate which is made or created between 4 months
475and 1 year prior to the commencement of any delinquency
476proceeding under this chapter is void if such transfer or lien
477inured to the benefit of a director, officer, employee,
478stockholder, member, subscriber, affiliate, managing general
479agent, or insider or any relative of any director, officer,
480employee, stockholder, member, subscriber, affiliate, managing
481general agent, or insider.
482     (4)  For purposes of this section, a transfer is not made
483or created until the insurer or affiliate has acquired rights in
484the property transferred.
485     Section 35.  Subsection (2) of section 631.262, Florida
486Statutes, is amended to read:
487     631.262  Transfers prior to petition.--
488     (2)  Transfers shall be deemed to have been made or
489suffered, or obligations incurred, when perfected according to
490the following criteria:
491     (a)  A transfer of property other than real property shall
492be deemed to be made or suffered when it becomes so far
493perfected that no subsequent lien obtainable by legal or
494equitable proceedings on a simple contract could become superior
495to the rights of the transferee.;
496     (b)  A transfer of real property shall be deemed to be made
497or suffered when it becomes so far perfected that no subsequent
498bona fide purchaser from the insurer could obtain rights
499superior to the rights of the transferee.;
500     (c)  A transfer which creates an equitable lien shall not
501be deemed to be perfected if there are available means by which
502a legal lien could be created.;
503     (d)  Any transfer not perfected prior to the filing of a
504petition in a delinquency proceeding shall be deemed to be made
505immediately before the filing of a successful petition.;
506     (e)  For the purposes of this section, a transfer is not
507made until the insurer or affiliate has acquired rights in the
508property transferred.
509     (f)(e)  Paragraphs (a)-(e) (a)-(d) apply whether or not
510there are or were creditors who might have obtained any liens or
511persons who might have become bona fide purchasers.
512     Section 36.  Subsection (6) is added to section 631.263,
513Florida Statutes, to read:
514     631.263  Transfers after petition.--
515     (6)  For the purposes of this section, a transfer is not
516made until the insurer or affiliate has acquired rights in the
517property transferred.
518     Section 37.  Subsection (3) of section 631.54, Florida
519Statutes, is amended to read:
520     631.54  Definitions.--As used in this part:
521     (3)  "Covered claim" means an unpaid claim, including one
522of unearned premiums, which arises out of, and is within the
523coverage, and not in excess of, the applicable limits of an
524insurance policy to which this part applies, issued by an
525insurer, if such insurer becomes an insolvent insurer after
526October 1, 1970, and the claimant or insured is a resident of
527this state at the time of the insured event or the property from
528which the claim arises is permanently located in this state.
529"Covered claim" shall not include:
530     (a)  Any amount due any reinsurer, insurer, insurance pool,
531or underwriting association, sought directly or indirectly
532through a third party, as subrogation, contribution,
533indemnification, or otherwise; or
534     (b)  Any claim that would otherwise be a covered claim
535under this part that has been rejected by any other state
536guaranty fund on the grounds that an insured's net worth is
537greater than that allowed under that state's guaranty law.
538Member insurers shall have no right of subrogation,
539contribution, indemnification, or otherwise, sought directly or
540indirectly through a third party, against the insured of any
541insolvent member.
542     Section 38.  Subsection (2) of section 631.904, Florida
543Statutes, is amended to read:
544     631.904  Definitions.--As used in this part, the term:
545     (2)  "Covered claim" means an unpaid claim, including a
546claim for return of unearned premiums, which arises out of, is
547within the coverage of, and is not in excess of the applicable
548limits of, an insurance policy to which this part applies, which
549policy was issued by an insurer and which claim is made on
550behalf of a claimant or insured who was a resident of this state
551at the time of the injury. The term "covered claim" does not
552include any amount sought as a return of premium under any
553retrospective rating plan; any amount due any reinsurer,
554insurer, insurance pool, or underwriting association, as
555subrogation recoveries or otherwise; any claim that would
556otherwise be a covered claim that has been rejected by any other
557state guaranty fund on the grounds that the insured's net worth
558is greater than that allowed under that state's guaranty fund or
559liquidation law, except this exclusion from the definition of
560covered claim shall not apply to employers who, prior to April
56130, 2004, entered into an agreement with the corporation
562preserving the employer's right to seek coverage of claims
563rejected by another state's guaranty fund; or any return of
564premium resulting from a policy that was not in force on the
565date of the final order of liquidation. Member insurers have no
566right of subrogation against the insured of any insolvent
567insurer. This provision shall be applied retroactively to cover
568claims of an insolvent self-insurance fund resulting from
569accidents or losses incurred prior to January 1, 1994,
570regardless of the date the petition in circuit court was filed
571alleging insolvency and the date the court entered an order
572appointing a receiver.
573     Section 39.  Section 634.1815, Florida Statutes, is created
574to read:
575     634.1815  Rebating; when allowed.--
576     (1)  No salesperson shall rebate any portion of his or her
577commission except as follows:
578     (a)  The rebate shall be available to all consumers in the
579same actuarial class.
580     (b)  The rebate shall be in accordance with a rebating
581schedule filed by the salesperson with the service agreement
582company issuing the service agreement to which the rebate
583applies. The service agreement company shall maintain a copy of
584all rebating schedules for a period of 3 years.
585     (c)  The rebating schedule shall be uniformly applied so
586all consumers who purchase the same service agreement through
587the salesperson for the same coverage shall receive the same
588percentage rebate.
589     (d)  The rebate schedule shall be prominently displayed in
590public view in the salesperson's place of business, and a copy
591shall be made available to consumers on request at no charge.
592     (e)  The age, sex, place of residence, race, nationality,
593ethnic origin, marital status, or occupation of the consumer
594shall not be used in determining the percentage of the rebate or
595whether a rebate is available.
596     (2)  No rebate shall be withheld or limited in amount based
597on factors which are unfairly discriminatory.
598     (3)  No rebate shall be given which is not reflected on the
599rebate schedule.
600     (4)  No rebate shall be refused or granted based upon the
601purchase of or failure to purchase collateral business.
602     Section 40.  Section 634.3205, Florida Statutes, is created
603to read:
604     634.3205  Rebating; when allowed.--
605     (1)  No sales representative shall rebate any portion of
606his or her commission except as follows:
607     (a)  The rebate shall be available to all consumers in the
608same actuarial class.
609     (b)  The rebate shall be in accordance with a rebating
610schedule filed by the sales representative with the home
611warranty association issuing the home warranty to which the
612rebate applies. The home warranty association shall maintain a
613copy of all rebating schedules for a period of 3 years.
614     (c)  The rebating schedule shall be uniformly applied so
615all consumers who purchase the same home warranty through the
616sales representative for the same coverage shall receive the
617same percentage rebate.
618     (d)  The rebate schedule shall be prominently displayed in
619public view in the sales representative's place of business, and
620a copy shall be made available to consumers on request at no
621charge.
622     (e)  The age, sex, place of residence, race, nationality,
623ethnic origin, marital status, or occupation of the consumer
624shall not be used in determining the percentage of the rebate or
625whether a rebate is available.
626     (2)  No rebate shall be withheld or limited in amount based
627on factors which are unfairly discriminatory.
628     (3)  No rebate shall be given which is not reflected on the
629rebate schedule.
630     (4)  No rebate shall be refused or granted based upon the
631purchase of or failure to purchase collateral business.
632     Section 41.  Subsection (8) is added to section 634.406,
633Florida Statutes, to read:
634     634.406  Financial requirements.--
635     (8)  An association licensed under this part and holding no
636other license under part I or part II of this chapter is not
637required to establish an unearned premium reserve or maintain
638contractual liability insurance and may allow its premiums to
639exceed the ratio to net assets limitation of this section if the
640association complies with the following:
641     (a)  The association or, if the association is a direct or
642indirect wholly owned subsidiary of a parent corporation, its
643parent corporation has, and maintains at all times, a minimum
644net worth of at least $100 million and provides the office with
645the following:
646     1.  A copy of the association's annual audited financial
647statements or the audited consolidated financial statements of
648the association's parent corporation, prepared by an independent
649certified public accountant in accordance with generally
650accepted accounting principles, which clearly demonstrate the
651net worth of the association or its parent corporation to be
652$100 million and a quarterly written certification to the office
653that such entity continues to maintain the net worth required
654under this paragraph.
655     2.  The association's, or its parent corporation's, Form
65610K, Form 10Q, or Form 20F as filed with the United States
657Securities and Exchange Commission or such other documents
658required to be filed with a recognized stock exchange, which
659shall be provided on a quarterly and annual basis within 10 days
660after the last date each such report must be filed with the
661Securities and Exchange Commission, the National Association of
662Security Dealers Automated Quotation system, or other recognized
663stock exchange.
664
665Failure to timely file the documents required under this
666paragraph may, at the discretion of the office, subject the
667association to suspension or revocation of its license under
668this part. An association or parent corporation demonstrating
669compliance with subparagraph 1. and subparagraph 2. must
670maintain outstanding debt obligations, if any, rated in the top
671four rating categories by a recognized rating service.
672     (b)  If the net worth of a parent corporation is used to
673satisfy the net worth provisions of paragraph (a), the following
674provisions must be met:
675     1.  The parent corporation must guarantee all service
676warranty obligations of the association, wherever written, on a
677form approved in advance by the office. No cancellation,
678termination, or modification of the guarantee shall become
679effective unless the parent corporation provides the office
680written notice at least 90 days before the effective date of the
681cancellation, termination, or modification and the office
682approves the request in writing. Prior to the effective date of
683cancellation, termination, or modification of the guarantee, the
684association must demonstrate to the satisfaction of the office
685compliance with all applicable provisions of this part,
686including whether the association will meet the requirements of
687this section by the purchase of contractual liability insurance,
688establishing required reserves, or other method allowed under
689this section. If the association or parent corporation does not
690demonstrate to the satisfaction of the office compliance with
691all applicable provisions of this part, it shall immediately
692cease writing new and renewal business upon the effective date
693of the cancellation, termination, or modification.
694     2.  The association must maintain at all times net assets
695of at least $750,000.
696     Section 42.  Section 634.4225, Florida Statutes, is created
697to read:
698     634.4225  Rebating; when allowed.--
699     (1)  No sales representative shall rebate any portion of
700his or her commission except as follows:
701     (a)  The rebate shall be available to all consumers in the
702same actuarial class.
703     (b)  The rebate shall be in accordance with a rebating
704schedule filed by the sales representative with the association
705issuing the service warranty to which the rebate applies. The
706association shall maintain a copy of all rebating schedules for
707a period of 3 years.
708     (c)  The rebating schedule shall be uniformly applied so
709all consumers who purchase the same service warranty through the
710sales representative for the same coverage shall receive the
711same percentage rebate.
712     (d)  The rebate schedule shall be prominently displayed in
713public view in the sales representative's place of business, and
714a copy shall be made available to consumers on request at no
715charge.
716     (e)  The age, sex, place of residence, race, nationality,
717ethnic origin, marital status, or occupation of the consumer
718shall not be used in determining the percentage of the rebate or
719whether a rebate is available.
720     (2)  No rebate shall be withheld or limited in amount based
721on factors which are unfairly discriminatory.
722     (3)  No rebate shall be given which is not reflected on the
723rebate schedule.
724     (4)  No rebate shall be refused or granted based upon the
725purchase of or failure to purchase collateral business.
726     Section 43.  Subsection (4) is added to section 627.4133,
727Florida Statutes, to read:
728     627.4133  Notice of cancellation, nonrenewal, or renewal
729premium.--
730     (4)  Notwithstanding the provisions of s. 440.42(3), if
731cancellation of a policy providing coverage for workers'
732compensation and employer's liability insurance is requested by
733the insured, such cancellation shall be effective on the date
734the carrier sends the notice of cancellation to the insured.
735
736================= T I T L E  A M E N D M E N T =================
737     On page 2, line(s) 3, after the semicolon:
738insert:
739amending s. 626.2815, F.S.; deleting certain minimum continuing
740education requirements; amending s. 626.015, F.S.; defining the
741term "personal lines agent";  amending s. 626.022, F.S.;
742providing for application; amending s. 626.241, F.S.; limiting
743the scope of personal lines agent examinations; amending s.
744626.311, F.S.; limiting the types of business that may be
745transacted by personal lines agents; amending s. 626.727, F.S.;
746providing that certain provisions apply to personal lines
747agents; amending s. 626.732, F.S.; revising certain education
748and experience requirements for personal lines agents; amending
749s. 626.747, F.S.; requiring branch agencies to have certain
750licensed agents at each location; amending s. 627.351, F.S.;
751providing that certain employees of the Citizens' Property
752Insurance Corporation need not be licensed as agents; providing
753that the act does not require the Department of Financial
754Services to begin issuing certain licenses by the effective date
755of the act, under specified conditions; amending s. 626.321,
756F.S.; limiting the types of business that may be transacted by
757personal lines agents; amending s. 627.0915, F.S.; providing for
758notice by insurers to employers of the availability of premium
759discounts where drug free workplace programs are used;
760authorizing the Financial Services Commission to adopt rules;
761amending s. 628.709, F.S.; revising membership criteria for
762mutual insurance holding companies relating to policyholders of
763subsidiary insurance companies; amending s. 631.021, F.S.;
764authorizing certain domiciliary courts to exercise exclusive
765jurisdiction over certain persons under certain circumstances;
766specifying the Circuit Court of Leon County as having exclusive
767jurisdiction over certain proceedings and claims; amending s.
768631.041, F.S.; entitling the estates of certain injured insurers
769to actual damages; authorizing a receivership court to impose
770additional sanctions; amending s. 631.0515, F.S.; subjecting
771certain managing general agents or holding companies to court
772jurisdiction under certain circumstances; amending s. 631.141,
773F.S.; specifying certain expenses as administrative and
774recoverable by a receiver in certain proceedings; amending s.
775631.205, F.S.; specifying that entry of certain orders does not
776constitute anticipatory breach of certain contracts or serve as
777grounds for certain adverse contract actions by a reinsurer;
778creating s. 631.206, F.S.; voiding certain contractual
779arbitration provisions by insurers in receivership; specifying a
780replacement arbitration provision; amending s. 631.261, F.S.;
781voiding certain transfers or liens made by certain persons prior
782to certain delinquency proceedings; specifying a criterion for
783making certain transfers; amending ss. 631.262 and 631.263,
784F.S.; specifying a criterion for making certain transfers;
785amending ss. 631.54 and 631.904, F.S.; revising the definition
786of covered claim; excluding certain claims rejected by another
787state's guaranty fund under certain circumstances; providing an
788exception; denying member insurers any right to indemnification
789or contribution sought through third parties; creating s.
790634.1815, F.S.; providing conditions under which a salesperson
791of a motor vehicle service agreement company may rebate his or
792her commission; creating s. 634.3205, F.S.; providing conditions
793under which a sales representative of a home warranty
794association may rebate his or her commission; amending s.
795634.406, F.S.; providing conditions under which a service
796warranty association is exempt from certain premium reserve and
797liability insurance requirements and may allow premiums to
798exceed certain limits; creating s. 634.4225, F.S.; providing
799conditions under which a sales representative of a service
800warranty association may rebate his or her commission; amending
801s. 627.4133, F.S.; providing for an effective date of certain
802policy cancellations by insureds;


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