Senate Bill sb2800

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    Florida Senate - 2004                                  SB 2800

    By Senator Argenziano





    3-1392A-04

  1                      A bill to be entitled

  2         An act relating to insurance agents and

  3         agencies; amending s. 624.318, F.S.;

  4         authorizing the electronic reproduction of

  5         documents relating to the subject of an

  6         investigation; amending s. 624.501, F.S.;

  7         clarifying a license fee; amending s. 626.015,

  8         F.S.; defining the term "personal lines agent";

  9         amending s. 626.016, F.S.; subjecting insurance

10         agencies to regulation by the Chief Financial

11         Officer; amending s. 626.022, F.S.; providing

12         for application; amending s. 626.112, F.S.;

13         deleting a contingent requirement for insurance

14         agency licensure; amending s. 626.171, F.S.;

15         specifying licensure application requirements

16         for insurance entities other than insurance

17         agencies; deleting a provision applying to

18         insurance agencies; amending s. 626.172, F.S.;

19         revising insurance agency licensure application

20         requirements; amending s. 626.191, F.S.;

21         clarifying repeated application provisions;

22         amending s. 626.201, F.S.; clarifying a

23         department-authorized interrogatories

24         provision; amending s. 626.221, F.S.; deleting

25         provisions that permit certain persons who

26         previously qualified as managing general

27         agents, service or customer representatives, or

28         all-lines adjusters to be licensed as general

29         lines agents without an examination; providing

30         for certain adjusters to be relicensed without

31         examination; amending s. 626.241, F.S.;

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 1         limiting the scope of personal lines agent

 2         examinations; amending s. 626.2815, F.S.;

 3         revising continuing education requirements;

 4         amending s. 626.311, F.S.; limiting the types

 5         of business that may be transacted by personal

 6         lines agents; amending s. 626.342, F.S.;

 7         including insurance agencies under provisions

 8         prohibiting furnishing supplies to certain

 9         unlicensed agents and imposing civil liability

10         under certain circumstances; amending s.

11         626.382, F.S.; requiring licensure renewal

12         application forms to be adopted; amending s.

13         626.451, F.S.; clarifying the effect of

14         appointment; amending s. 626.536, F.S.;

15         including insurance agencies under an

16         action-reporting requirement; amending s.

17         626.561, F.S.; including insurance agencies

18         under provisions providing funds reporting and

19         accounting requirements and imposing criminal

20         penalties; amending s. 626.572, F.S.; including

21         insurance agencies under provisions prohibiting

22         rebating; amending s. 626.601, F.S.; including

23         insurance agencies under provisions authorizing

24         the department to inquire into improper

25         conduct; creating s. 626.602, F.S.; authorizing

26         the Department of Financial Services to

27         disapprove the use of certain names under

28         certain circumstances; amending s. 626.6115,

29         F.S.; providing an additional ground for the

30         department to take compulsory adverse insurance

31         agency license actions; amending s. 626.6215,

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 1         F.S.; providing an additional ground for the

 2         department to take discretionary adverse

 3         insurance agency license actions; amending s.

 4         626.641, F.S.; providing additional criteria

 5         for duration of license suspensions or

 6         revocations; amending s. 626.727, F.S.;

 7         providing that certain provisions apply to

 8         personal lines agents; amending s. 626.732,

 9         F.S.; revising certain education and experience

10         requirements for personal lines agents;

11         amending s. 626.7351, F.S.; providing an age

12         requirement for customer representatives;

13         amending ss. 626.292 and 626.321, F.S.;

14         correcting cross-references; repealing s.

15         626.592, F.S., relating to primary agents;

16         providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Subsection (7) is added to section 624.318,

21  Florida Statutes, to read:

22         624.318  Conduct of examination or investigation;

23  access to records; correction of accounts; appraisals.--

24         (7)(a)  The department or office or its examiners or

25  investigators may electronically reproduce accounts, records,

26  documents, files, and information relating to the subject of

27  the examination or investigation which are in the possession

28  or control of the person being examined or investigated.

29         (b)  Notwithstanding subsection (5), a person being

30  examined or investigated may not refuse to consent to the

31  removal of any record, account, document, file, or other

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 1  property of that person from the offices of such person when

 2  removal is for the purpose of electronic reproduction unless

 3  the person provides reasonable access to electronic

 4  reproduction facilities at the person's office.

 5         (c)  The reasonable expense of any such reproduction

 6  shall be borne by the person being examined or investigated.

 7         (d)  This subsection applies to all investigations and

 8  examinations authorized by the Florida Insurance Code.

 9         Section 2.  Subsection (20) of section 624.501, Florida

10  Statutes, is amended to read:

11         624.501  Filing, license, appointment, and

12  miscellaneous fees.--The department, commission, or office, as

13  appropriate, shall collect in advance, and persons so served

14  shall pay to it in advance, fees, licenses, and miscellaneous

15  charges as follows:

16         (20)  Insurance agency or Adjusting firm, original or

17  renewal 3-year license..................................$60.00

18         Section 3.  Present subsections (15) through (17) of

19  section 626.015, Florida Statutes, are redesignated as

20  subsections (16) through (18), respectively, and a new

21  subsection (15) is added to that section to read:

22         626.015  Definitions.--As used in this part:

23         (15)  "Personal lines agent" means a general lines

24  agent who is limited to transacting business related to

25  property and casualty insurance sold to individuals and

26  families for noncommercial purposes.

27         Section 4.  Subsection (1) of section 626.016, Florida

28  Statutes, is amended to read:

29         626.016  Powers and duties of department, commission,

30  and office.--

31  

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 1         (1)  The powers and duties of the Chief Financial

 2  Officer and the department specified in this part apply only

 3  with respect to insurance agents, insurance agencies, managing

 4  general agents, reinsurance intermediaries, viatical

 5  settlement brokers, customer representatives, service

 6  representatives, and agencies.

 7         Section 5.  Subsection (3) is added to section 626.022,

 8  Florida Statutes, to read:

 9         626.022  Scope of part.--

10         (3)  Provisions of this part that apply to general

11  lines agents and applicants also apply to personal lines

12  agents and applicants, except where otherwise provided.

13         Section 6.  Subsection (7) of section 626.112, Florida

14  Statutes, is amended to read:

15         626.112  License and appointment required; agents,

16  customer representatives, adjusters, insurance agencies,

17  service representatives, managing general agents.--

18         (7)(a)  No individual, firm, partnership, corporation,

19  association, or any other entity shall act in its own name or

20  under a trade name, directly or indirectly, as an insurance

21  agency, when required to be licensed by this subsection,

22  unless it complies with s. 626.172 with respect to possessing

23  an insurance agency license for each place of business at

24  which it engages in any activity which may be performed only

25  by a licensed insurance agent.

26         (b)  An insurance agency shall, as a condition

27  precedent to continuing business, obtain an insurance agency

28  license if the department finds that, with respect to any

29  majority owner, partner, manager, director, officer, or other

30  person who manages or controls the agency, any person has,

31  subsequent to the effective date of this act:

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 1         1.  Been found guilty of, or has pleaded guilty or nolo

 2  contendere to, a felony in this state or any other state

 3  relating to the business of insurance or to an insurance

 4  agency, without regard to whether a judgment of conviction has

 5  been entered by the court having jurisdiction of the cases.

 6         2.  Employed any individual in a managerial capacity or

 7  in a capacity dealing with the public who is under an order of

 8  revocation or suspension issued by the department. An

 9  insurance agency may request, on forms prescribed by the

10  department, verification of any person's license status. If a

11  request is mailed within 5 working days after an employee is

12  hired, and the employee's license is currently suspended or

13  revoked, the agency shall not be required to obtain a license,

14  if the unlicensed person's employment is immediately

15  terminated.

16         3.  Operated the agency or permitted the agency to be

17  operated in violation of s. 626.747.

18         4.  With such frequency as to have made the operation

19  of the agency hazardous to the insurance-buying public or

20  other persons:

21         a.  Solicited or handled controlled business. This

22  subparagraph shall not prohibit the licensing of any lending

23  or financing institution or creditor, with respect to

24  insurance only, under credit life or disability insurance

25  policies of borrowers from the institutions, which policies

26  are subject to part IX of chapter 627.

27         b.  Misappropriated, converted, or unlawfully withheld

28  moneys belonging to insurers, insureds, beneficiaries, or

29  others and received in the conduct of business under the

30  license.

31  

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 1         c.  Unlawfully rebated, attempted to unlawfully rebate,

 2  or unlawfully divided or offered to divide commissions with

 3  another.

 4         d.  Misrepresented any insurance policy or annuity

 5  contract, or used deception with regard to any policy or

 6  contract, done either in person or by any form of

 7  dissemination of information or advertising.

 8         e.  Violated any provision of this code or any other

 9  law applicable to the business of insurance in the course of

10  dealing under the license.

11         f.  Violated any lawful order or rule of the

12  department.

13         g.  Failed or refused, upon demand, to pay over to any

14  insurer he or she represents or has represented any money

15  coming into his or her hands belonging to the insurer.

16         h.  Violated the provision against twisting as defined

17  in s. 626.9541(1)(l).

18         i.  In the conduct of business, engaged in unfair

19  methods of competition or in unfair or deceptive acts or

20  practices, as prohibited under part IX of this chapter.

21         j.  Willfully overinsured any property insurance risk.

22         k.  Engaged in fraudulent or dishonest practices in the

23  conduct of business arising out of activities related to

24  insurance or the insurance agency.

25         l.  Demonstrated lack of fitness or trustworthiness to

26  engage in the business of insurance arising out of activities

27  related to insurance or the insurance agency.

28         m.  Authorized or knowingly allowed individuals to

29  transact insurance who were not then licensed as required by

30  this code.

31  

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 1         5.  Knowingly employed any person who within the

 2  preceding 3 years has had his or her relationship with an

 3  agency terminated in accordance with paragraph (d).

 4         6.  Willfully circumvented the requirements or

 5  prohibitions of this code.

 6         (c)  An agency required to be licensed in accordance

 7  with paragraph (b) shall remain so licensed for a period of 3

 8  years from the date of licensure unless the license is

 9  suspended or revoked in accordance with law. The department

10  may revoke or suspend the agency authority to do business for

11  activities occurring during the time the agency is licensed,

12  regardless of whether the licensing period has terminated.

13         (d)  Notwithstanding the provisions of this subsection,

14  no insurance agency shall be required to apply for an agency

15  license if such agency can prove to the department that:

16         1.  The agency is severing its relationship with each

17  majority owner, partner, manager, director, officer, or other

18  person who managed or controlled such agency and who violated

19  any of the provisions of paragraph (b).

20         2.  No such majority owner, partner, manager, director,

21  officer, or other person who managed such agency is to be

22  affiliated with such agency in any capacity for a period of 3

23  years from the date of such severance.

24         Section 7.  Section 626.171, Florida Statutes, is

25  amended to read:

26         626.171  Application for license as agent, customer

27  representative, adjuster, service representative, managing

28  general agent, or reinsurance intermediary.--

29         (1)  The department or office shall not issue a license

30  as agent, customer representative, adjuster, insurance agency,

31  service representative, managing general agent, or reinsurance

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 1  intermediary to any person except upon written application

 2  therefor filed with it, qualification therefor, and payment in

 3  advance of all applicable fees. Any such application shall be

 4  made under the oath of the applicant and be signed by the

 5  applicant. Beginning November 1, 2002, The department shall

 6  accept the uniform application for nonresident agent

 7  licensing. The department may adopt revised versions of the

 8  uniform application by rule.

 9         (2)  In the application, the applicant shall set forth:

10         (a)  His or her full name, age, social security number,

11  residence address, business address, and mailing address.

12         (b)  Proof that he or she has completed or is in the

13  process of completing any required prelicensing course.

14         (c)  Whether he or she has been refused or has

15  voluntarily surrendered or has had suspended or revoked a

16  license to solicit insurance by the department or by the

17  supervising officials of any state.

18         (d)  Whether any insurer or any managing general agent

19  claims the applicant is indebted under any agency contract or

20  otherwise and, if so, the name of the claimant, the nature of

21  the claim, and the applicant's defense thereto, if any.

22         (e)  Proof that the applicant meets the requirements

23  for the type of license for which he or she is applying.

24         (f)  Such other or additional information as the

25  department or office may deem proper to enable it to determine

26  the character, experience, ability, and other qualifications

27  of the applicant to hold himself or herself out to the public

28  as an insurance representative.

29         (3)  An application for an insurance agency license

30  shall be signed by the owner or owners of the agency. If the

31  

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 1  agency is incorporated, the application shall be signed by the

 2  president and secretary of the corporation.

 3         (3)(4)  Each application shall be accompanied by

 4  payment of any applicable fee.

 5         (4)(5)  An application for a license as an agent,

 6  customer representative, adjuster, insurance agency, service

 7  representative, managing general agent, or reinsurance

 8  intermediary must be accompanied by a set of the individual

 9  applicant's fingerprints, or, if the applicant is not an

10  individual, by a set of the fingerprints of the sole

11  proprietor, majority owner, partners, officers, and directors,

12  on a form adopted by rule of the department or commission and

13  accompanied by the fingerprint processing fee set forth in s.

14  624.501. Fingerprints shall be used to investigate the

15  applicant's qualifications pursuant to s. 626.201. The

16  fingerprints shall be taken by a law enforcement agency or

17  other department-approved entity.

18         (5)(6)  The application for license filing fee

19  prescribed in s. 624.501 is not subject to refund.

20         (6)(7)  Pursuant to the federal Personal Responsibility

21  and Work Opportunity Reconciliation Act of 1996, each party is

22  required to provide his or her social security number in

23  accordance with this section. Disclosure of social security

24  numbers obtained through this requirement shall be limited to

25  the purpose of administration of the Title IV-D program for

26  child support enforcement.

27         Section 8.  Section 626.172, Florida Statutes, is

28  amended to read:

29         626.172  Application for insurance agency license.--

30         (1)  The department may issue a license as an insurance

31  agency to any person only after such person files a written

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 1  application with the department and qualifies for such

 2  license. If any majority owner, partner, officer, or director

 3  of an insurance agency:

 4         (a)  Has been found guilty of, or has pleaded guilty or

 5  nolo contendere to, a felony relating to the business of

 6  insurance in this state or any other state or federal court,

 7  regardless of whether a judgment of conviction has been

 8  entered by the court having jurisdiction of such cases; or

 9         (b)  Has been denied a license relating to the business

10  of insurance, or has had his or her license to practice or

11  conduct any regulated profession, business, or vocation

12  relating to the business of insurance revoked or suspended, by

13  this or any other state, any nation, any possession or

14  district of the United States, or any court, or any lawful

15  agency thereof;

16  

17  the insurance agency and any subsidiary or branch thereof

18  shall obtain a license from the department pursuant to this

19  section.

20         (2)  An application for an insurance agency license

21  shall be signed by the owner or owners of the agency. If the

22  agency is incorporated, the application shall be signed by the

23  president and secretary of the corporation. The application

24  for an insurance agency license shall include:

25         (a)  The name of each majority owner, partner, officer,

26  and director of the insurance agency.

27         (b)  The residence address of each person required to

28  be listed in the application under paragraph (a).

29         (c)  The name of the insurance agency and its principal

30  business address.

31  

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 1         (d)  The location of each agency office and the name

 2  under which each agency office conducts or will conduct

 3  business.

 4         (e)  The name of each agent to be in full-time charge

 5  of an agency office and specification of which office.

 6         (f)  Fingerprints for each of the following:

 7         1.  A sole proprietor;

 8         2.  Each partner;

 9         3.  Each owner of an unincorporated agency;

10         4.  Each owner of a corporation whose shares are not

11  traded on a securities exchange;

12         5.  Each owner of 10 percent or more of the voting

13  shares of a corporation which are traded on a securities

14  exchange who directs or participates in the operation of the

15  agency;

16         6.  Each officer or director; and

17         7.  Any other person who directs or participates in the

18  operation of the agency, whether through the ownership of

19  voting securities, by contract, or otherwise;

20  

21  Fingerprints must be taken by a law enforcement agency or

22  other entity approved by the department and must be

23  accompanied by the fingerprint processing fee specified in s.

24  624.501. However, fingerprints do not have to be filed for any

25  individual who previously submitted fingerprints to the

26  department and obtained a license under this chapter if the

27  license is currently valid. The name of any person to whom

28  subsection (1) applies.

29         (g)  Such additional information as the department

30  requires by promulgated rule to ascertain the trustworthiness

31  and competence of persons required to be listed on the

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 1  application and to ascertain that such persons meet the

 2  requirements of this code.

 3         Section 9.  Section 626.191, Florida Statutes, is

 4  amended to read:

 5         626.191  Repeated applications.--The failure of an

 6  applicant to secure a license upon an application shall not

 7  preclude the applicant him or her from applying again as many

 8  times as desired, but the department or office shall not give

 9  consideration to or accept any further application by the same

10  individual for a similar license dated or filed within 30 days

11  subsequent to the date the department or office denied the

12  last application, except as provided in s. 626.281.

13         Section 10.  Subsection (1) of section 626.201, Florida

14  Statutes, is amended to read:

15         626.201  Investigation.--

16         (1)  The department or office may propound any

17  reasonable interrogatories in addition to those contained in

18  the application, to any applicant for license or appointment,

19  or on any renewal, reinstatement, or continuation thereof,

20  relating to the applicant's his or her qualifications,

21  residence, prospective place of business, and any other matter

22  which, in the opinion of the department or office, is deemed

23  necessary or advisable for the protection of the public and to

24  ascertain the applicant's qualifications.

25         Section 11.  Section 626.221, Florida Statutes, is

26  amended to read:

27         626.221  Examination requirement; exemptions.--

28         (1)  The department or office shall not issue any

29  license as agent, customer representative, or adjuster to any

30  individual who has not qualified for, taken, and passed to the

31  

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 1  satisfaction of the department or office a written examination

 2  of the scope prescribed in s. 626.241.

 3         (2)  However, no such examination shall be necessary in

 4  any of the following cases:

 5         (a)  An applicant for renewal of appointment as an

 6  agent, customer representative, or adjuster, unless the

 7  department or office determines that an examination is

 8  necessary to establish the competence or trustworthiness of

 9  such applicant.

10         (b)  An applicant for limited license as agent for

11  personal accident insurance, baggage and motor vehicle excess

12  liability insurance, credit life or disability insurance,

13  credit insurance, credit property insurance, in-transit and

14  storage personal property insurance, or communications

15  equipment property insurance or communication equipment inland

16  marine insurance.

17         (c)  In the discretion of the department or office, an

18  applicant for reinstatement of license or appointment as an

19  agent, customer representative, or adjuster whose license has

20  been suspended within 2 years prior to the date of application

21  or written request for reinstatement.

22         (d)  An applicant who, within 2 years prior to

23  application for license and appointment as an agent, customer

24  representative, or adjuster, was a full-time salaried employee

25  of the department or office and had continuously been such an

26  employee with responsible insurance duties for not less than 2

27  years and who had been a licensee within 2 years prior to

28  employment by the department or office with the same class of

29  license as that being applied for.

30         (e)  An individual who qualified as a managing general

31  agent, service representative, customer representative, or

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 1  all-lines adjuster by passing a general lines agent's

 2  examination and subsequently was licensed and appointed and

 3  has been actively engaged in all lines of property and

 4  casualty insurance may, upon filing an application for

 5  appointment, be licensed and appointed as a general lines

 6  agent for the same kinds of business without taking another

 7  examination if he or she holds any such currently effective

 8  license referred to in this paragraph or held the license

 9  within 48 months prior to the date of filing the application

10  with the department.

11         (e)(f)  A person who has been licensed and appointed as

12  a public adjuster, or independent adjuster, or licensed and

13  appointed either as an agent or company adjuster as to all

14  property, casualty, and surety insurances, may be licensed and

15  appointed as a company adjuster as to any of such insurances,

16  or as an independent, adjuster or public adjuster, for these

17  types of insurance without additional written examination if

18  an application for licensure appointment is filed with the

19  office within 48 months following the date of cancellation or

20  expiration of the prior appointment.

21         (f)(g)  A person who has been licensed as an adjuster

22  for motor vehicle, property and casualty, workers'

23  compensation, and health insurance may be licensed as such an

24  adjuster without additional written examination if his or her

25  application for licensure appointment is filed with the office

26  within 48 months after cancellation or expiration of the prior

27  license.

28         (g)(h)  An applicant for temporary license, except as

29  provided in this code.

30         (i)(i)  An applicant for a life or health license who

31  has received the designation of chartered life underwriter

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 1  (CLU) from the American College of Life Underwriters and who

 2  has been engaged in the insurance business within the past 4

 3  years, except that such an individual may be examined on

 4  pertinent provisions of this code.

 5         (i)(j)  An applicant for license as a general lines

 6  agent, customer representative, or adjuster who has received

 7  the designation of chartered property and casualty underwriter

 8  (CPCU) from the American Institute for Property and Liability

 9  Underwriters and who has been engaged in the insurance

10  business within the past 4 years, except that such an

11  individual may be examined on pertinent provisions of this

12  code.

13         (j)(k)  An applicant for license as a customer

14  representative who has the designation of Accredited Advisor

15  in Insurance (AAI) from the Insurance Institute of America,

16  the designation of Certified Insurance Counselor (CIC) from

17  the Society of Certified Insurance Service Counselors, the

18  designation of Accredited Customer Service Representative

19  (ACSR) from the Independent Insurance Agents of America, the

20  designation of Certified Professional Service Representative

21  (CPSR) from the National Foundation for Certified Professional

22  Service Representatives, the designation of Certified

23  Insurance Service Representative (CISR) from the Society of

24  Certified Insurance Service Representatives. Also, an

25  applicant for license as a customer representative who has the

26  designation of Certified Customer Service Representative

27  (CCSR) from the Florida Association of Insurance Agents, or

28  the designation of Registered Customer Service Representative

29  (RCSR) from a regionally accredited postsecondary institution

30  in this state, or the designation of Professional Customer

31  Service Representative (PCSR) from the Professional Career

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 1  Institute, whose curriculum has been approved by the

 2  department and whose curriculum includes comprehensive

 3  analysis of basic property and casualty lines of insurance and

 4  testing at least equal to that of standard department testing

 5  for the customer representative license. The department shall

 6  adopt rules establishing standards for the approval of

 7  curriculum.

 8         (k)(l)  An applicant for license as an adjuster who has

 9  the designation of Accredited Claims Adjuster (ACA) from a

10  regionally accredited postsecondary institution in this state,

11  or the designation of Professional Claims Adjuster (PCA) from

12  the Professional Career Institute, whose curriculum has been

13  approved by the office and whose curriculum includes

14  comprehensive analysis of basic property and casualty lines of

15  insurance and testing at least equal to that of standard

16  office testing for the all-lines adjuster license. The

17  commission shall adopt rules establishing standards for the

18  approval of curriculum.

19         (l)(m)  An applicant qualifying for a license transfer

20  under s. 626.292, if the applicant:

21         1.  Has successfully completed the prelicensing

22  examination requirements in the applicant's previous state

23  which are substantially equivalent to the examination

24  requirements in this state, as determined by the department;

25         2.  Has received the designation of chartered property

26  and casualty underwriter (CPCU) from the American Institute

27  for Property and Liability Underwriters and has been engaged

28  in the insurance business within the past 4 years if applying

29  to transfer a general lines agent license; or

30         3.  Has received the designation of chartered life

31  underwriter (CLU) from the American College of Life

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 1  Underwriters and has been engaged in the insurance business

 2  within the past 4 years, if applying to transfer a life or

 3  health agent license.

 4         (n)  An applicant for a nonresident agent license, if

 5  the applicant:

 6         1.  Has successfully completed prelicensing examination

 7  requirements in the applicant's home state which are

 8  substantially equivalent to the examination requirements in

 9  this state, as determined by the department, as a requirement

10  for obtaining a resident license in his or her home state;

11         2.  Held a general lines agent license, life agent

12  license, or health agent license prior to the time a written

13  examination was required;

14         3.  Has received the designation of chartered property

15  and casualty underwriter (CPCU) from the American Institute

16  for Property and Liability Underwriters and has been engaged

17  in the insurance business within the past 4 years, if an

18  applicant for a nonresident license as a general lines agent;

19  or

20         4.  Has received the designation of chartered life

21  underwriter (CLU) from the American College of Life

22  Underwriters and has been in the insurance business within the

23  past 4 years, if an applicant for a nonresident license as a

24  life agent or health agent.

25         (3)  An individual who is already licensed as a

26  customer representative shall not be licensed as a general

27  lines agent without application and examination for such

28  license.

29         Section 12.  Subsection (8) is added to section

30  626.241, Florida Statutes, to read:

31         626.241  Scope of examination.--

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 1         (8)  An examination for licensure as a personal lines

 2  agent shall be limited in scope to the kinds of business

 3  transacted under such license.

 4         Section 13.  Paragraphs (a), (b), (c), and (d) of

 5  subsection (3) of section 626.2815, Florida Statutes, are

 6  amended to read:

 7         626.2815  Continuing education required; application;

 8  exceptions; requirements; penalties.--

 9         (3)(a)  Each person subject to the provisions of this

10  section must, except as set forth in paragraphs (b), and (c),

11  and (d), complete a minimum of 24 hours of continuing

12  education courses every 2 years in basic or higher-level

13  courses prescribed by this section or in other courses

14  approved by the department. Each person subject to the

15  provisions of this section must complete, as part of his or

16  her required number of continuing education hours, 3 hours of

17  continuing education, approved by the department, every 2

18  years on the subject matter of ethics and a minimum of 2 hours

19  of continuing education, approved by the department, every 2

20  years on the subject matter of unauthorized entities engaging

21  in the business of insurance. The scope of the topic of

22  unauthorized entities shall include the Florida Nonprofit

23  Multiple Employer Welfare Arrangement Act and the Employee

24  Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as

25  it relates to the provision of health insurance by employers

26  to their employees and the regulation thereof.

27         (b)  For compliance periods beginning on January 1,

28  1998, A person who has been licensed for a period of 6 or more

29  years must complete 20 hours every 2 years in intermediate or

30  advanced-level courses prescribed by this section or in other

31  courses approved by the department.

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 1         (c)  A licensee who has been licensed for 25 years or

 2  more and is a CLU or a CPCU or has a Bachelor of Science

 3  degree in risk management or insurance with evidence of 18 or

 4  more semester hours in upper-level insurance-related courses

 5  must complete 10 12 hours of continuing education courses

 6  every 2 years in courses prescribed by this section or in

 7  other courses approved by the department, except, for

 8  compliance periods beginning January 1, 1998, the licensees

 9  described in this paragraph shall be required to complete 10

10  hours of continuing education courses every 2 years.

11         (d)  Any person who holds a license as a customer

12  representative, limited customer representative, title agent,

13  motor vehicle physical damage and mechanical breakdown

14  insurance agent, crop or hail and multiple-peril crop

15  insurance agent, or as an industrial fire insurance or

16  burglary insurance agent and who is not a licensed life or

17  health insurance agent, shall be required to complete 10 12

18  hours of continuing education courses every 2 years, except,

19  for compliance periods beginning on January 1, 1998, each

20  licensee subject to this paragraph shall be required to

21  complete 10 hours of continuing education courses every 2

22  years.

23         Section 14.  Subsection (1) of section 626.311, Florida

24  Statutes, is amended to read:

25         626.311  Scope of license.--

26         (1)  Except as to personal lines agents and limited

27  licenses, the applicant for license as a general lines agent

28  or customer representative shall qualify for all property,

29  marine, casualty, and surety lines except bail bonds which

30  require a separate license under chapter 648.  The license of

31  a general lines agent may also cover health insurance if

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 1  health insurance is included in the agent's appointment by an

 2  insurer as to which the licensee is also appointed as agent

 3  for property or casualty or surety insurance.  The license of

 4  a customer representative shall provide, in substance, that it

 5  covers all of such classes of insurance that his or her

 6  appointing general lines agent or agency is currently so

 7  authorized to transact under the general lines agent's license

 8  and appointments.  No such license shall be issued limited to

 9  particular classes of insurance except for bail bonds which

10  require a separate license under chapter 648 or for personal

11  lines agents. Personal lines agents are limited to transacting

12  business related to property and casualty insurance sold to

13  individuals and families for noncommercial purposes.

14         Section 15.  Subsections (1) and (2) of section

15  626.342, Florida Statutes, are amended to read:

16         626.342  Furnishing supplies to unlicensed life,

17  health, or general lines agent prohibited; civil liability.--

18         (1)  An insurer, a managing general agent, an insurance

19  agency, or an agent, directly or through any representative,

20  may not furnish to any agent any blank forms, applications,

21  stationery, or other supplies to be used in soliciting,

22  negotiating, or effecting contracts of insurance on its behalf

23  unless such blank forms, applications, stationery, or other

24  supplies relate to a class of business with respect to which

25  the agent is licensed and appointed, whether for that insurer

26  or another insurer.

27         (2)  Any insurer, general agent, insurance agency, or

28  agent who furnishes any of the supplies specified in

29  subsection (1) to any agent or prospective agent not appointed

30  to represent the insurer and who accepts from or writes any

31  insurance business for such agent or agency is subject to

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 1  civil liability to any insured of such insurer to the same

 2  extent and in the same manner as if such agent or prospective

 3  agent had been appointed or authorized by the insurer or such

 4  agent to act in its or his or her behalf. The provisions of

 5  this subsection do not apply to insurance risk apportionment

 6  plans under s. 627.351.

 7         Section 16.  Section 626.382, Florida Statutes, is

 8  amended to read:

 9         626.382  Continuation, expiration of license; insurance

10  agencies.--The license of any insurance agency shall be issued

11  for a period of 3 years, subject to the payment of the

12  original and renewal fees prescribed in s. 624.501, and shall

13  continue in force until canceled, suspended, revoked, or

14  otherwise terminated. Renewal requests shall be made by

15  submitting to the department a form adopted by departmental

16  rule.

17         Section 17.  Subsection (3) of section 626.451, Florida

18  Statutes, is amended to read:

19         626.451  Appointment of agent or other

20  representative.--

21         (3)  By authorizing the effectuation of the appointment

22  of an agent, adjuster, service representative, customer

23  representative, or managing general agent the appointing

24  entity is thereby certifying to the department that it is

25  willing to be bound by the acts of the agent, adjuster,

26  service representative, customer representative, or managing

27  general agent, within the scope of the licensee's employment

28  or appointment.

29         Section 18.  Section 626.536, Florida Statutes, is

30  amended to read:

31  

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 1         626.536  Reporting of actions.--Each An agent and

 2  insurance agency shall submit to the department, within 30

 3  days after the final disposition of any administrative action

 4  taken against the agent by a governmental agency in this or

 5  any other state or jurisdiction relating to the business of

 6  insurance, the sale of securities, or activity involving

 7  fraud, dishonesty, trustworthiness, or breach of a fiduciary

 8  duty, a copy of the order, consent to order, or other relevant

 9  legal documents. The department may adopt rules implementing

10  the provisions of this section.

11         Section 19.  Subsections (1) and (3) of section

12  626.561, Florida Statutes, are amended to read:

13         626.561  Reporting and accounting for funds.--

14         (1)  All premiums, return premiums, or other funds

15  belonging to insurers or others received by an insurance

16  agency, agent, customer representative, or adjuster in

17  transactions under the his or her license are trust funds

18  received by the licensee in a fiduciary capacity. An agent or

19  insurance agency shall keep the funds belonging to each

20  insurer for which an agent he or she is not appointed, other

21  than a surplus lines insurer, in a separate account so as to

22  allow the department or office to properly audit such funds.

23  The licensee in the applicable regular course of business

24  shall account for and pay the same to the insurer, insured, or

25  other person entitled thereto.

26         (3)  Any insurance agency, agent, customer

27  representative, or adjuster who, not being lawfully entitled

28  thereto, either temporarily or permanently diverts or

29  misappropriates such funds or any portion thereof or deprives

30  the other person of a benefit therefrom commits the offense

31  specified below:

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 1         (a)  If the funds diverted or misappropriated are $300

 2  or less, a misdemeanor of the first degree, punishable as

 3  provided in s. 775.082 or s. 775.083.

 4         (b)  If the funds diverted or misappropriated are more

 5  than $300, but less than $20,000, a felony of the third

 6  degree, punishable as provided in s. 775.082, s. 775.083, or

 7  s. 775.084.

 8         (c)  If the funds diverted or misappropriated are

 9  $20,000 or more, but less than $100,000, a felony of the

10  second degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         (d)  If the funds diverted or misappropriated are

13  $100,000 or more, a felony of the first degree, punishable as

14  provided in s. 775.082, s. 775.083, or s. 775.084.

15         Section 20.  Subsections (1) and (2) of section

16  626.572, Florida Statutes, are amended to read:

17         626.572  Rebating; when allowed.--

18         (1)  No insurance agency or agent shall rebate any

19  portion of a his or her commission except as follows:

20         (a)  The rebate shall be available to all insureds in

21  the same actuarial class.

22         (b)  The rebate shall be in accordance with a rebating

23  schedule filed by the agent with the insurer issuing the

24  policy to which the rebate applies.

25         (c)  The rebating schedule shall be uniformly applied

26  in that all insureds who purchase the same policy through the

27  agent for the same amount of insurance receive the same

28  percentage rebate.

29         (d)  Rebates shall not be given to an insured with

30  respect to a policy purchased from an insurer that prohibits

31  its agents from rebating commissions.

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 1         (e)  The rebate schedule is prominently displayed in

 2  public view in the agent's place of doing business and a copy

 3  is available to insureds on request at no charge.

 4         (f)  The age, sex, place of residence, race,

 5  nationality, ethnic origin, marital status, or occupation of

 6  the insured or location of the risk is not utilized in

 7  determining the percentage of the rebate or whether a rebate

 8  is available.

 9         (2)  The insurance agency or agent shall maintain a

10  copy of all rebate schedules for the most recent 5 years and

11  their effective dates.

12         Section 21.  Subsection (1) of section 626.601, Florida

13  Statutes, is amended to read:

14         626.601  Improper conduct; inquiry; fingerprinting.--

15         (1)  The department or office may, upon its own motion

16  or upon a written complaint signed by any interested person

17  and filed with the department or office, inquire into any

18  alleged improper conduct of any licensed insurance agency,

19  agent, adjuster, service representative, managing general

20  agent, customer representative, title insurance agent, title

21  insurance agency, continuing education course provider,

22  instructor, school official, or monitor group under this code.

23  The department or office may thereafter initiate an

24  investigation of any such licensee if it has reasonable cause

25  to believe that the licensee has violated any provision of the

26  insurance code. During the course of its investigation, the

27  department or office shall contact the licensee being

28  investigated unless it determines that contacting such person

29  could jeopardize the successful completion of the

30  investigation or cause injury to the public.

31  

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 1         Section 22.  Section 626.602, Florida Statutes, is

 2  created to read:

 3         626.602  Insurance agency names; disapproval.--The

 4  department may disapprove the use of any true or fictitious

 5  name, other than the bona fide natural name of an individual,

 6  by any insurance agency on any of the following grounds:

 7         (1)  The name is an interference with or is too similar

 8  to a name already filed and in use by another agency or

 9  insurer;

10         (2)  The use of the name may mislead the public in any

11  respect;

12         (3)  The name states or implies that the agency is an

13  insurer, motor club, hospital service plan, state or federal

14  agency, charitable organization, or entity that primarily

15  provides advice and counsel rather than sells or solicits

16  insurance, or is entitled to engage in insurance activities

17  not permitted under licenses held or applied for;

18         (4)  The name states or implies that the agency is an

19  underwriter. This subsection does not prevent a natural person

20  who is a life agent from describing himself or herself as an

21  underwriter or from using the designation "chartered life

22  underwriter" or who is a general lines agent from using the

23  designation "chartered property and casualty underwriter," if

24  the person is entitled to use such terms to describe himself

25  or herself; or

26         (5)  The agency has already filed and not discontinued

27  the use of more than two names, including the true name. This

28  subsection does not prevent a licensee who has lawfully

29  purchased or succeeded to the business or businesses of other

30  licensees from using for each such business not more than two

31  additional names, true or fictitious, consisting of names used

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 1  by the licensee's predecessors in the conduct of such

 2  businesses.

 3         Section 23.  Section 626.6115, Florida Statutes, is

 4  amended to read:

 5         626.6115  Grounds for compulsory refusal, suspension,

 6  or revocation of insurance agency license.--The department

 7  shall deny, suspend, revoke, or refuse to continue the license

 8  of any insurance agency if it finds, as to any insurance

 9  agency or as to any majority owner, partner, manager,

10  director, officer, or other person who manages or controls

11  such agency, that any either one or both of the following

12  applicable grounds exist:

13         (1)  Lack by the agency of one or more of the

14  qualifications for the license as specified in this code;.

15         (2)  Material misstatement, misrepresentation, or fraud

16  in obtaining the license or in attempting to obtain the

17  license; or

18         (3)  Denial, suspension, or revocation of a license to

19  practice or conduct any regulated profession, business, or

20  vocation relating to the business of insurance by this state,

21  any other state, any nation, any possession or district of the

22  United States, any court, or any lawful agency thereof.

23         Section 24.  Subsection (6) is added to section

24  626.6215, Florida Statutes, to read:

25         626.6215  Grounds for discretionary refusal,

26  suspension, or revocation of insurance agency license.--The

27  department may, in its discretion, deny, suspend, revoke, or

28  refuse to continue the license of any insurance agency if it

29  finds, as to any insurance agency or as to any majority owner,

30  partner, manager, director, officer, or other person who

31  

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 1  manages or controls such insurance agency, that any one or

 2  more of the following applicable grounds exist:

 3         (6)  Failure to take corrective action or report a

 4  violation to the department within 30 days after an individual

 5  licensee's violation is known or should have been known by one

 6  or more of the partners, officers, or managers acting on

 7  behalf of the agency.

 8         Section 25.  Subsections (1) and (2) of section

 9  626.641, Florida Statutes, are amended to read:

10         626.641  Duration of suspension or revocation.--

11         (1)  The department or office shall, in its order

12  suspending a license or appointment or in its order suspending

13  the eligibility of a person to hold or apply for such license

14  or appointment, specify the period during which the suspension

15  is to be in effect; but such period shall not exceed 2 years.

16  The license, appointment, or eligibility shall remain

17  suspended during the period so specified, subject, however, to

18  any rescission or modification of the order by the department

19  or office, or modification or reversal thereof by the court,

20  prior to expiration of the suspension period. A license,

21  appointment, or eligibility which has been suspended shall not

22  be reinstated except upon request for such reinstatement; but

23  the department or office shall not grant such reinstatement if

24  it finds that the circumstance or circumstances for which the

25  license, appointment, or eligibility was suspended still exist

26  or are likely to recur or if grounds exist to deny the license

27  or appointment pursuant to s. 626.611, s. 626.6115, s.

28  626.621, or s. 626.6215.

29         (2)  No person or appointee under any license or

30  appointment revoked by the department or office, nor any

31  person whose eligibility to hold same has been revoked by the

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 1  department or office, shall have the right to apply for

 2  another license or appointment under this code within 2 years

 3  from the effective date of such revocation or, if judicial

 4  review of such revocation is sought, within 2 years from the

 5  date of final court order or decree affirming the revocation.

 6  An applicant for another license or appointment pursuant to

 7  this subsection must qualify for licensure in the same manner

 8  as a first-time applicant and is subject to denial of the

 9  application pursuant to s. 626.611, s. 626.6115, s. 626.621,

10  or s. 626.6215. The department or office shall not, however,

11  grant a new license or appointment or reinstate eligibility to

12  hold such license or appointment if it finds that the

13  circumstance or circumstances for which the eligibility was

14  revoked or for which the previous license or appointment was

15  revoked still exist or are likely to recur; if an individual's

16  license as agent or customer representative or eligibility to

17  hold same has been revoked upon the ground specified in s.

18  626.611(12), the department or office shall refuse to grant or

19  issue any new license or appointment so applied for.

20         Section 26.  Section 626.727, Florida Statutes, is

21  amended to read:

22         626.727  Scope of this part.--This part applies only to

23  general lines agents, customer representatives, service

24  representatives, and managing general agents, all as defined

25  in s. 626.015. Provisions of this part which apply to general

26  lines agents and applicants also apply to personal lines

27  agents and applicants, except where otherwise provided.

28         Section 27.  Subsection (1) of section 626.732, Florida

29  Statutes, is amended to read:

30         626.732  Requirement as to knowledge, experience, or

31  instruction.--

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 1         (1)  Except as provided in subsection (3), no applicant

 2  for a license as a general lines agent or personal lines

 3  agent, except for a chartered property and casualty

 4  underwriter (CPCU), other than as to a limited license as to

 5  baggage and motor vehicle excess liability insurance, credit

 6  property insurance, credit insurance, in-transit and storage

 7  personal property insurance, or communications equipment

 8  property insurance or communication equipment inland marine

 9  insurance, shall be qualified or licensed unless within the 4

10  years immediately preceding the date the application for

11  license is filed with the department the applicant has:

12         (a)  Taught or successfully completed classroom courses

13  in insurance, 3 hours of which shall be on the subject matter

14  of ethics, satisfactory to the department at a school,

15  college, or extension division thereof, approved by the

16  department;

17         (b)  Completed a correspondence course in insurance, 3

18  hours of which shall be on the subject matter of ethics,

19  satisfactory to the department and regularly offered by

20  accredited institutions of higher learning in this state and,

21  except if he or she is applying for a limited license under s.

22  626.321, for licensure as a general lines agent, has had at

23  least 6 months of responsible insurance duties as a

24  substantially full-time bona fide employee in all lines of

25  property and casualty insurance set forth in the definition of

26  general lines agent under s. 626.015 or, for licensure as a

27  personal lines agent, has completed at least 3 months in

28  responsible insurance duties as a substantially full-time

29  employee in property and casualty insurance sold to

30  individuals and families for noncommercial purposes;

31  

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 1         (c)  For licensure as a general lines agent, completed

 2  at least 1 year in responsible insurance duties as a

 3  substantially full-time bona fide employee in all lines of

 4  property and casualty insurance, exclusive of aviation and wet

 5  marine and transportation insurances but not exclusive of

 6  boats of less than 36 feet in length or aircraft not held out

 7  for hire, as set forth in the definition of a general lines

 8  agent under s. 626.015, without the education requirement

 9  mentioned in paragraph (a) or paragraph (b) or, for licensure

10  as a personal lines agent, has completed at least 6 months in

11  responsible insurance duties as a substantially full-time

12  employee in property and casualty insurance sold to

13  individuals and families for noncommercial purposes without

14  the education requirement in paragraph (a) or paragraph (b);

15  or

16         (d)1.  For licensure as a general lines agent,

17  completed at least 1 year of responsible insurance duties as a

18  licensed and appointed customer representative or limited

19  customer representative in commercial or personal lines of

20  property and casualty insurance and 40 hours of classroom

21  courses approved by the department covering the areas of

22  property, casualty, surety, health, and marine insurance; or

23         2.  For licensure as a personal lines agent, completed

24  at least 6 months of responsible duties as a licensed and

25  appointed customer representative or limited customer

26  representative in property and casualty insurance sold to

27  individuals and families for noncommercial purposes and 20

28  hours of classroom courses approved by the department which

29  are related to property and casualty insurance sold to

30  individuals and families for noncommercial purposes; or

31  

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 1         (e)1.2.  For licensure as a general lines agent,

 2  completed at least 1 year of responsible insurance duties as a

 3  licensed and appointed service representative in either

 4  commercial or personal lines of property and casualty

 5  insurance and 80 hours of classroom courses approved by the

 6  department covering the areas of property, casualty, surety,

 7  health, and marine insurance; or.

 8         2.  For licensure as a personal lines agent, completed

 9  at least 6 months of responsible insurance duties as a

10  licensed and appointed service representative in property and

11  casualty insurance sold to individuals and families for

12  noncommercial purposes and 40 hours of classroom courses

13  approved by the department related to property and casualty

14  insurance sold to individuals and families for noncommercial

15  purposes.

16         Section 28.  Subsection (1) of section 626.7351,

17  Florida Statutes, is amended to read:

18         626.7351  Qualifications for customer representative's

19  license.--The department shall not grant or issue a license as

20  customer representative to any individual found by it to be

21  untrustworthy or incompetent, or who does not meet each of the

22  following qualifications:

23         (1)  The applicant is a natural person 18 years of age

24  or older.

25         Section 29.  Paragraph (c) of subsection (2) of section

26  626.292, Florida Statutes, is amended to read:

27         626.292  Transfer of license from another state.--

28         (2)  To qualify for a license transfer, an individual

29  applicant must meet the following requirements:

30         (c)  The individual shall submit a completed

31  application for this state which is received by the department

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 1  within 90 days after the date the individual became a resident

 2  of this state, along with payment of the applicable fees set

 3  forth in s. 624.501 and submission of the following documents:

 4         1.  A certification issued by the appropriate official

 5  of the applicant's home state identifying the type of license

 6  and lines of authority under the license and stating that, at

 7  the time the license from the home state was canceled, the

 8  applicant was in good standing in that state or that the

 9  state's Producer Database records, maintained by the National

10  Association of Insurance Commissioners, its affiliates, or

11  subsidiaries, indicate that the agent is or was licensed in

12  good standing for the line of authority requested.

13         2.  A set of the individual applicant's fingerprints in

14  accordance with s. 626.171(4)(5).

15         Section 30.  Paragraph (a) of subsection (2) of section

16  626.321, Florida Statutes, is amended to read:

17         626.321  Limited licenses.--

18         (2)  An entity applying for a license under this

19  section is required to:

20         (a)  Submit only one application for a license under s.

21  626.171. The requirements of s. 626.171(4)(5) shall only apply

22  to the officers and directors of the entity submitting the

23  application.

24         Section 31.  Section 626.592, Florida Statutes, is

25  repealed.

26         Section 32.  This act shall take effect October 1,

27  2004.

28  

29  

30  

31  

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






    Florida Senate - 2004                                  SB 2800
    3-1392A-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises provisions relating to insurance agents and
      agencies. Provides for the Chief Financial Officer to
 4    regulate agencies. Authorizes the electronic reproduction
      of certain documents pertaining to an investigation.
 5    Clarifies certain fees and defines the term "personal
      lines agent." Deletes a requirement for agency licensure.
 6    Specifies certain licensure requirements for entities
      other than agencies. Revises agency licensure application
 7    requirements. Clarifies provisions pertaining to
      interrogatories authorized by the department. Deletes
 8    provisions related to exemptions from examination
      requirements for certain licenses. Exempts certain former
 9    licensees from examination requirements. Limits the
      content in personal lines agent licensure examinations.
10    Revises continuing education requirements. Limits the
      type of business that a personal lines agent may conduct.
11    Prohibits agencies from furnishing supplies to certain
      unlicensed agents and provides penalties. Establishes
12    licensure renewal application form requirements.
      Establishes reporting requirements for agencies and
13    provides penalties. Authorizes the Department of
      Financial Services to inquire into improper conduct.
14    Provides for the department to prohibit the use of
      certain names. Provides grounds for the department to
15    take compulsory or discretionary adverse insurance agency
      license actions. Provides additional grounds for
16    disciplinary action. Applies certain existing provisions
      to personal lines agents and revises certain education
17    and experience requirements for such agents. Corrects
      cross-references. Repeals a provision regulating primary
18    agents. (See bill for details.)

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