Senate Bill sb2800c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 2800

    By the Committee on Banking and Insurance; and Senator
    Argenziano




    311-2330-04

  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         delaying the effective date by which agencies

14         must obtain a license; imposing a fine on any

15         agency that fails to timely apply for

16         licensure; deleting a contingent requirement

17         for insurance agency licensure; amending s.

18         626.171, F.S.; specifying licensure application

19         requirements for insurance entities other than

20         insurance agencies; deleting a provision

21         applying to insurance agencies; amending s.

22         626.172, F.S.; revising insurance agency

23         licensure application requirements; amending s.

24         626.191, F.S.; clarifying repeated application

25         provisions; amending s. 626.201, F.S.;

26         clarifying a department-authorized

27         interrogatories provision; amending s. 626.221,

28         F.S.; deleting provisions that permit certain

29         persons who previously qualified as managing

30         general agents, service or customer

31         representatives, or all-lines adjusters to be

                                  1

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         licensed as general lines agents without an

 2         examination; providing for certain adjusters to

 3         be relicensed without examination; amending s.

 4         626.241, F.S.; limiting the scope of personal

 5         lines agent examinations; amending s. 626.2815,

 6         F.S.; revising continuing education

 7         requirements; amending s. 626.311, F.S.;

 8         limiting the types of business that may be

 9         transacted by personal lines agents; amending

10         s. 626.342, F.S.; including insurance agencies

11         under provisions prohibiting furnishing

12         supplies to certain unlicensed agents and

13         imposing civil liability under certain

14         circumstances; amending s. 626.382, F.S.;

15         requiring licensure renewal application forms

16         to be adopted; amending s. 626.451, F.S.;

17         clarifying the effect of appointment; amending

18         s. 626.536, F.S.; including insurance agencies

19         under an action-reporting requirement; amending

20         s. 626.561, F.S.; including insurance agencies

21         under provisions providing funds reporting and

22         accounting requirements and imposing criminal

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

24         insurance agencies under provisions prohibiting

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

26         insurance agencies under provisions authorizing

27         the department to inquire into improper

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

29         the Department of Financial Services to

30         disapprove the use of certain names under

31         certain circumstances; amending s. 626.6115,

                                  2

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2         department to take compulsory adverse insurance

 3         agency license actions; providing that grounds

 4         for adverse action against a licensed agency do

 5         not necessarily constitute grounds for adverse

 6         action against another licensed agency, even if

 7         there is common ownership; amending s.

 8         626.6215, F.S.; providing an additional ground

 9         for the department to take discretionary

10         adverse insurance agency license actions;

11         providing that grounds for adverse action

12         against a licensed agency do not necessarily

13         constitute grounds for adverse action against

14         another licensed agency, even if there is

15         common ownership; amending s. 626.641, F.S.;

16         providing additional criteria for duration of

17         license suspensions or revocations; amending s.

18         626.727, F.S.; providing that certain

19         provisions apply to personal lines agents;

20         amending s. 626.732, F.S.; revising certain

21         education and experience requirements for

22         personal lines agents; amending s. 626.7351,

23         F.S.; providing an age requirement for customer

24         representatives; amending ss. 626.292 and

25         626.321, F.S.; correcting cross-references;

26         revising criteria for issuing an agent's

27         license for limited classes of business

28         relating to insurance sales incidental to the

29         rental or lease of motor vehicles; providing

30         additional license application requirements;

31         providing that this act does not require the

                                  3

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         department to begin issuing certain licenses by

 2         the effective date of the act, under specified

 3         conditions; repealing s. 626.592, F.S.,

 4         relating to primary agents; providing an

 5         effective date.

 6  

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

 8  

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

10  Florida Statutes, to read:

11         624.318  Conduct of examination or investigation;

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

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

14  investigators may electronically reproduce accounts, records,

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

16  the examination or investigation which are in the possession

17  or control of the person being examined or investigated.

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

19  examined or investigated may not refuse to consent to the

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

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

22  removal is for the purpose of electronic reproduction unless

23  the person provides reasonable access to electronic

24  reproduction facilities at the person's office.

25         (c)  The reasonable expense of any such reproduction

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

27         (d)  This subsection applies to all investigations and

28  examinations authorized by the Florida Insurance Code.

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

30  Statutes, is amended to read:

31  

                                  4

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         624.501  Filing, license, appointment, and

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

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

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

 5  charges as follows:

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

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

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

 9  section 626.015, Florida Statutes, are redesignated as

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

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

12         626.015  Definitions.--As used in this part:

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

14  agent who is limited to transacting business related to

15  property and casualty insurance sold to individuals and

16  families for noncommercial purposes.

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

18  Statutes, is amended to read:

19         626.016  Powers and duties of department, commission,

20  and office.--

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

22  Officer and the department specified in this part apply only

23  with respect to insurance agents, insurance agencies, managing

24  general agents, reinsurance intermediaries, viatical

25  settlement brokers, customer representatives, service

26  representatives, and agencies.

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

28  Florida Statutes, to read:

29         626.022  Scope of part.--

30  

31  

                                  5

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2  lines agents and applicants also apply to personal lines

 3  agents and applicants, except where otherwise provided.

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

 5  Statutes, is amended to read:

 6         626.112  License and appointment required; agents,

 7  customer representatives, adjusters, insurance agencies,

 8  service representatives, managing general agents.--

 9         (7)(a)  Effective October 1, 2005, no individual, firm,

10  partnership, corporation, association, or any other entity

11  shall act in its own name or under a trade name, directly or

12  indirectly, as an insurance agency, when required to be

13  licensed by this subsection, unless it complies with s.

14  626.172 with respect to possessing an insurance agency license

15  for each place of business at which it engages in any activity

16  which may be performed only by a licensed insurance agent.

17  Each agency engaged in business before October 1, 2005, shall

18  file an application for licensure by October 1, 2005. If an

19  agency fails to file an application for licensure in

20  accordance with this section, the department shall impose on

21  the agency an administrative penalty in an amount of up to

22  $10,000.

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

24  precedent to continuing business, obtain an insurance agency

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

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

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

28  subsequent to the effective date of this act:

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

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

31  relating to the business of insurance or to an insurance

                                  6

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

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

 3         2.  Employed any individual in a managerial capacity or

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

 5  revocation or suspension issued by the department. An

 6  insurance agency may request, on forms prescribed by the

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

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

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

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

11  if the unlicensed person's employment is immediately

12  terminated.

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

14  operated in violation of s. 626.747.

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

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

17  other persons:

18         a.  Solicited or handled controlled business. This

19  subparagraph shall not prohibit the licensing of any lending

20  or financing institution or creditor, with respect to

21  insurance only, under credit life or disability insurance

22  policies of borrowers from the institutions, which policies

23  are subject to part IX of chapter 627.

24         b.  Misappropriated, converted, or unlawfully withheld

25  moneys belonging to insurers, insureds, beneficiaries, or

26  others and received in the conduct of business under the

27  license.

28         c.  Unlawfully rebated, attempted to unlawfully rebate,

29  or unlawfully divided or offered to divide commissions with

30  another.

31  

                                  7

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         d.  Misrepresented any insurance policy or annuity

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

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

 4  dissemination of information or advertising.

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

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

 7  dealing under the license.

 8         f.  Violated any lawful order or rule of the

 9  department.

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

11  insurer he or she represents or has represented any money

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

13         h.  Violated the provision against twisting as defined

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

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

16  methods of competition or in unfair or deceptive acts or

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

18         j.  Willfully overinsured any property insurance risk.

19         k.  Engaged in fraudulent or dishonest practices in the

20  conduct of business arising out of activities related to

21  insurance or the insurance agency.

22         l.  Demonstrated lack of fitness or trustworthiness to

23  engage in the business of insurance arising out of activities

24  related to insurance or the insurance agency.

25         m.  Authorized or knowingly allowed individuals to

26  transact insurance who were not then licensed as required by

27  this code.

28         5.  Knowingly employed any person who within the

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

30  agency terminated in accordance with paragraph (d).

31  

                                  8

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         6.  Willfully circumvented the requirements or

 2  prohibitions of this code.

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

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

 5  years from the date of licensure unless the license is

 6  suspended or revoked in accordance with law. The department

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

 8  activities occurring during the time the agency is licensed,

 9  regardless of whether the licensing period has terminated.

10         (d)  Notwithstanding the provisions of this subsection,

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

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

13         1.  The agency is severing its relationship with each

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

15  person who managed or controlled such agency and who violated

16  any of the provisions of paragraph (b).

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

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

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

20  years from the date of such severance.

21         Section 7.  Section 626.171, Florida Statutes, is

22  amended to read:

23         626.171  Application for license as agent, customer

24  representative, adjuster, service representative, managing

25  general agent, or reinsurance intermediary.--

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

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

28  service representative, managing general agent, or reinsurance

29  intermediary to any person except upon written application

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

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

                                  9

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

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

 3  accept the uniform application for nonresident agent

 4  licensing. The department may adopt revised versions of the

 5  uniform application by rule.

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

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

 8  residence address, business address, and mailing address.

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

10  process of completing any required prelicensing course.

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

12  voluntarily surrendered or has had suspended or revoked a

13  license to solicit insurance by the department or by the

14  supervising officials of any state.

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

16  claims the applicant is indebted under any agency contract or

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

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

19         (e)  Proof that the applicant meets the requirements

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

21         (f)  Such other or additional information as the

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

23  the character, experience, ability, and other qualifications

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

25  as an insurance representative.

26         (3)  An application for an insurance agency license

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

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

29  president and secretary of the corporation.

30         (3)(4)  Each application shall be accompanied by

31  payment of any applicable fee.

                                  10

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         (4)(5)  An application for a license as an agent,

 2  customer representative, adjuster, insurance agency, service

 3  representative, managing general agent, or reinsurance

 4  intermediary must be accompanied by a set of the individual

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

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

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

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

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

10  624.501. Fingerprints shall be used to investigate the

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

12  fingerprints shall be taken by a law enforcement agency or

13  other department-approved entity.

14         (5)(6)  The application for license filing fee

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

16         (6)(7)  Pursuant to the federal Personal Responsibility

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

18  required to provide his or her social security number in

19  accordance with this section. Disclosure of social security

20  numbers obtained through this requirement shall be limited to

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

22  child support enforcement.

23         Section 8.  Section 626.172, Florida Statutes, is

24  amended to read:

25         626.172  Application for insurance agency license.--

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

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

28  application with the department and qualifies for such

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

30  of an insurance agency:

31  

                                  11

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

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

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

 4  regardless of whether a judgment of conviction has been

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

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

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

 8  conduct any regulated profession, business, or vocation

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

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

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

12  agency thereof;

13  

14  the insurance agency and any subsidiary or branch thereof

15  shall obtain a license from the department pursuant to this

16  section.

17         (2)  An application for an insurance agency license

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

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

20  president and secretary of the corporation. The application

21  for an insurance agency license shall include:

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

23  and director of the insurance agency.

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

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

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

27  business address.

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

29  under which each agency office conducts or will conduct

30  business.

31  

                                  12

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2  of an agency office and specification of which office.

 3         (f)  Fingerprints for each of the following:

 4         1.  A sole proprietor;

 5         2.  Each partner;

 6         3.  Each owner of an unincorporated agency;

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

 8  traded on a securities exchange;

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

10  shares of a corporation which are traded on a securities

11  exchange who directs or participates in the operation of the

12  agency;

13         6.  Each officer or director; and

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

15  operation of the agency, whether through the ownership of

16  voting securities, by contract, or otherwise;

17  

18  Fingerprints must be taken by a law enforcement agency or

19  other entity approved by the department and must be

20  accompanied by the fingerprint processing fee specified in s.

21  624.501. However, fingerprints do not have to be filed for any

22  individual who previously submitted fingerprints to the

23  department and obtained a license under this chapter if the

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

25  subsection (1) applies.

26         (g)  Such additional information as the department

27  requires by promulgated rule to ascertain the trustworthiness

28  and competence of persons required to be listed on the

29  application and to ascertain that such persons meet the

30  requirements of this code.

31  

                                  13

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         Section 9.  Section 626.191, Florida Statutes, is

 2  amended to read:

 3         626.191  Repeated applications.--The failure of an

 4  applicant to secure a license upon an application shall not

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

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

 7  consideration to or accept any further application by the same

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

 9  subsequent to the date the department or office denied the

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

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

12  Statutes, is amended to read:

13         626.201  Investigation.--

14         (1)  The department or office may propound any

15  reasonable interrogatories in addition to those contained in

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

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

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

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

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

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

22  ascertain the applicant's qualifications.

23         Section 11.  Section 626.221, Florida Statutes, is

24  amended to read:

25         626.221  Examination requirement; exemptions.--

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

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

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

29  satisfaction of the department or office a written examination

30  of the scope prescribed in s. 626.241.

31  

                                  14

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2  any of the following cases:

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

 4  agent, customer representative, or adjuster, unless the

 5  department or office determines that an examination is

 6  necessary to establish the competence or trustworthiness of

 7  such applicant.

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

 9  personal accident insurance, baggage and motor vehicle excess

10  liability insurance, credit life or disability insurance,

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

12  storage personal property insurance, or communications

13  equipment property insurance or communication equipment inland

14  marine insurance.

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

16  applicant for reinstatement of license or appointment as an

17  agent, customer representative, or adjuster whose license has

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

19  or written request for reinstatement.

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

21  application for license and appointment as an agent, customer

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

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

24  employee with responsible insurance duties for not less than 2

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

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

27  license as that being applied for.

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

29  agent, service representative, customer representative, or

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

31  examination and subsequently was licensed and appointed and

                                  15

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1  has been actively engaged in all lines of property and

 2  casualty insurance may, upon filing an application for

 3  appointment, be licensed and appointed as a general lines

 4  agent for the same kinds of business without taking another

 5  examination if he or she holds any such currently effective

 6  license referred to in this paragraph or held the license

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

 8  with the department.

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

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

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

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

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

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

15  types of insurance without additional written examination if

16  an application for licensure appointment is filed with the

17  office within 48 months following the date of cancellation or

18  expiration of the prior appointment.

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

20  for motor vehicle, property and casualty, workers'

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

22  adjuster without additional written examination if his or her

23  application for licensure appointment is filed with the office

24  within 48 months after cancellation or expiration of the prior

25  license.

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

27  provided in this code.

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

29  has received the designation of chartered life underwriter

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

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

                                  16

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2  pertinent provisions of this code.

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

 4  agent, customer representative, or adjuster who has received

 5  the designation of chartered property and casualty underwriter

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

 7  Underwriters and who has been engaged in the insurance

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

 9  individual may be examined on pertinent provisions of this

10  code.

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

12  representative who has the designation of Accredited Advisor

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

14  the designation of Certified Insurance Counselor (CIC) from

15  the Society of Certified Insurance Service Counselors, the

16  designation of Accredited Customer Service Representative

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

18  designation of Certified Professional Service Representative

19  (CPSR) from the National Foundation for Certified Professional

20  Service Representatives, the designation of Certified

21  Insurance Service Representative (CISR) from the Society of

22  Certified Insurance Service Representatives. Also, an

23  applicant for license as a customer representative who has the

24  designation of Certified Customer Service Representative

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

26  the designation of Registered Customer Service Representative

27  (RCSR) from a regionally accredited postsecondary institution

28  in this state, or the designation of Professional Customer

29  Service Representative (PCSR) from the Professional Career

30  Institute, whose curriculum has been approved by the

31  department and whose curriculum includes comprehensive

                                  17

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1  analysis of basic property and casualty lines of insurance and

 2  testing at least equal to that of standard department testing

 3  for the customer representative license. The department shall

 4  adopt rules establishing standards for the approval of

 5  curriculum.

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

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

 8  regionally accredited postsecondary institution in this state,

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

10  the Professional Career Institute, whose curriculum has been

11  approved by the office and whose curriculum includes

12  comprehensive analysis of basic property and casualty lines of

13  insurance and testing at least equal to that of standard

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

15  commission shall adopt rules establishing standards for the

16  approval of curriculum.

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

18  under s. 626.292, if the applicant:

19         1.  Has successfully completed the prelicensing

20  examination requirements in the applicant's previous state

21  which are substantially equivalent to the examination

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

23         2.  Has received the designation of chartered property

24  and casualty underwriter (CPCU) from the American Institute

25  for Property and Liability Underwriters and has been engaged

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

27  to transfer a general lines agent license; or

28         3.  Has received the designation of chartered life

29  underwriter (CLU) from the American College of Life

30  Underwriters and has been engaged in the insurance business

31  

                                  18

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2  health agent license.

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

 4  the applicant:

 5         1.  Has successfully completed prelicensing examination

 6  requirements in the applicant's home state which are

 7  substantially equivalent to the examination requirements in

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

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

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

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

12  examination was required;

13         3.  Has received the designation of chartered property

14  and casualty underwriter (CPCU) from the American Institute

15  for Property and Liability Underwriters and has been engaged

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

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

18  or

19         4.  Has received the designation of chartered life

20  underwriter (CLU) from the American College of Life

21  Underwriters and has been in the insurance business within the

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

23  life agent or health agent.

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

25  customer representative shall not be licensed as a general

26  lines agent without application and examination for such

27  license.

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

29  626.241, Florida Statutes, to read:

30         626.241  Scope of examination.--

31  

                                  19

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 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.

                                  20

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 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

                                  21

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 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

                                  22

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 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  

                                  23

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 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:

                                  24

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 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.

                                  25

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 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  

                                  26

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 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; or

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.

26         Section 23.  Section 626.6115, Florida Statutes, is

27  amended to read:

28         626.6115  Grounds for compulsory refusal, suspension,

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

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

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

                                  27

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

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

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

 4  applicable grounds exist:

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

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

 7         (2)  Material misstatement, misrepresentation, or fraud

 8  in obtaining the license or in attempting to obtain the

 9  license; or

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

11  practice or conduct any regulated profession, business, or

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

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

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

15  However, grounds for administrative action against a licensed

16  agency do not in and of themselves constitute grounds for

17  action against any other licensed agency, including an agency

18  that owns, is under common ownership with, or is owned by, in

19  whole or in part, the agency for which grounds for

20  administrative action exist.

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

22  626.6215, Florida Statutes, to read:

23         626.6215  Grounds for discretionary refusal,

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

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

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

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

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

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

30  more of the following applicable grounds exist:

31  

                                  28

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2  violation to the department within 30 days after an individual

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

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

 5  behalf of the agency. However, grounds for administrative

 6  action against a licensed agency do not in and of themselves

 7  constitute grounds for action against any other licensed

 8  agency, including an agency that owns, is under common

 9  ownership with, or is owned by, in whole or in part, the

10  agency for which grounds for administrative action exist.

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

12  626.641, Florida Statutes, are amended to read:

13         626.641  Duration of suspension or revocation.--

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

15  suspending a license or appointment or in its order suspending

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

17  or appointment, specify the period during which the suspension

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

19  The license, appointment, or eligibility shall remain

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

21  any rescission or modification of the order by the department

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

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

24  appointment, or eligibility which has been suspended shall not

25  be reinstated except upon request for such reinstatement; but

26  the department or office shall not grant such reinstatement if

27  it finds that the circumstance or circumstances for which the

28  license, appointment, or eligibility was suspended still exist

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

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

31  626.621, or s. 626.6215.

                                  29

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2  appointment revoked by the department or office, nor any

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

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

 5  another license or appointment under this code within 2 years

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

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

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

 9  An applicant for another license or appointment pursuant to

10  this subsection must qualify for licensure in the same manner

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

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

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

14  grant a new license or appointment or reinstate eligibility to

15  hold such license or appointment if it finds that the

16  circumstance or circumstances for which the eligibility was

17  revoked or for which the previous license or appointment was

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

19  license as agent or customer representative or eligibility to

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

21  626.611(12), the department or office shall refuse to grant or

22  issue any new license or appointment so applied for.

23         Section 26.  Section 626.727, Florida Statutes, is

24  amended to read:

25         626.727  Scope of this part.--This part applies only to

26  general lines agents, customer representatives, service

27  representatives, and managing general agents, all as defined

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

29  lines agents and applicants also apply to personal lines

30  agents and applicants, except where otherwise provided.

31  

                                  30

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




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

 2  Statutes, is amended to read:

 3         626.732  Requirement as to knowledge, experience, or

 4  instruction.--

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

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

 7  agent, except for a chartered property and casualty

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

 9  baggage and motor vehicle excess liability insurance, credit

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

11  personal property insurance, or communications equipment

12  property insurance or communication equipment inland marine

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

14  years immediately preceding the date the application for

15  license is filed with the department the applicant has:

16         (a)  Taught or successfully completed classroom courses

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

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

19  college, or extension division thereof, approved by the

20  department;

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

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

23  satisfactory to the department and regularly offered by

24  accredited institutions of higher learning in this state and,

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

26  626.321, for licensure as a general lines agent, has had at

27  least 6 months of responsible insurance duties as a

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

29  property and casualty insurance set forth in the definition of

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

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

                                  31

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1  responsible insurance duties as a substantially full-time

 2  employee in property and casualty insurance sold to

 3  individuals and families for noncommercial purposes;

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

 5  at least 1 year in responsible insurance duties as a

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

 7  property and casualty insurance, exclusive of aviation and wet

 8  marine and transportation insurances but not exclusive of

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

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

11  agent under s. 626.015, without the education requirement

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

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

14  responsible insurance duties as a substantially full-time

15  employee in property and casualty insurance sold to

16  individuals and families for noncommercial purposes without

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

18  or

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

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

21  licensed and appointed customer representative or limited

22  customer representative in commercial or personal lines of

23  property and casualty insurance and 40 hours of classroom

24  courses approved by the department covering the areas of

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

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

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

28  appointed customer representative or limited customer

29  representative in property and casualty insurance sold to

30  individuals and families for noncommercial purposes and 20

31  hours of classroom courses approved by the department which

                                  32

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1  are related to property and casualty insurance sold to

 2  individuals and families for noncommercial purposes; or

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

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

 5  licensed and appointed service representative in either

 6  commercial or personal lines of property and casualty

 7  insurance and 80 hours of classroom courses approved by the

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

 9  health, and marine insurance; or.

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

11  at least 6 months of responsible insurance duties as a

12  licensed and appointed service representative in property and

13  casualty insurance sold to individuals and families for

14  noncommercial purposes and 40 hours of classroom courses

15  approved by the department related to property and casualty

16  insurance sold to individuals and families for noncommercial

17  purposes.

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

19  Florida Statutes, is amended to read:

20         626.7351  Qualifications for customer representative's

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

22  customer representative to any individual found by it to be

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

24  following qualifications:

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

26  or older.

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

28  626.292, Florida Statutes, is amended to read:

29         626.292  Transfer of license from another state.--

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

31  applicant must meet the following requirements:

                                  33

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         (c)  The individual shall submit a completed

 2  application for this state which is received by the department

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

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

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

 6         1.  A certification issued by the appropriate official

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

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

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

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

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

12  Association of Insurance Commissioners, its affiliates, or

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

14  good standing for the line of authority requested.

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

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

17         Section 30.  Paragraph (d) of subsection (1) and

18  paragraph (a) of subsection (2) of section 626.321, Florida

19  Statutes, are amended to read:

20         626.321  Limited licenses.--

21         (1)  The department shall issue to a qualified

22  individual, or a qualified individual or entity under

23  paragraphs (c), (d), (e), and (i), a license as agent

24  authorized to transact a limited class of business in any of

25  the following categories:

26         (d)  Baggage and motor vehicle excess liability

27  insurance.--

28         1.  License covering only insurance of personal effects

29  except as provided in subparagraph 2.  The license may be

30  issued only:

31  

                                  34

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         a.  To a full-time salaried employee of a common

 2  carrier or a full-time salaried employee or owner of a

 3  transportation ticket agency, which person is engaged in the

 4  sale or handling of transportation of baggage and personal

 5  effects of travelers, and may authorize the sale of such

 6  insurance only in connection with such transportation; or

 7         b.  To the full-time salaried employee of a licensed

 8  general lines agent or to, a full-time salaried employee of a

 9  business which offers motor vehicles for rent or lease, or to

10  a business office of a business entity that which offers motor

11  vehicles for rent or lease if insurance sales activities

12  authorized by the license are in connection with and

13  incidental to the rental of a motor vehicle limited to

14  full-time salaried employees. An entity applying for a license

15  under this subsection:

16         (I)  Is required to submit only one application for a

17  license under s. 626.171. The requirements of s. 626.171(5)

18  shall apply only to the officers and directors of the entity

19  submitting the application.

20         (II)  Is required to obtain a license for each office,

21  branch office, or place of business making use of the entity's

22  business name by applying to the department for the license on

23  a simplified application form developed by rule of the

24  department for this purpose.

25         (III)  Is required to pay the applicable fees for a

26  license as prescribed in s. 624.501, be appointed under s.

27  626.112, and pay the prescribed appointment fee under s.

28  624.501. A licensed and appointed entity shall be directly

29  responsible and accountable for all acts of the licensee's

30  employees.

31  

                                  35

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1  The purchaser of baggage insurance shall be provided written

 2  information disclosing that the insured's homeowner's policy

 3  may provide coverage for loss of personal effects and that the

 4  purchase of such insurance is not required in connection with

 5  the purchase of tickets or in connection with the lease or

 6  rental of a motor vehicle.

 7         2.  A business entity that office licensed pursuant to

 8  subparagraph 1., or a person licensed pursuant to subparagraph

 9  1. who is a full-time salaried employee of a business which

10  offers motor vehicles for rent or lease, may include lessees

11  under a master contract providing coverage to the lessor or

12  may transact excess motor vehicle liability insurance

13  providing coverage in excess of the standard liability limits

14  provided by the lessor in its lease to a person renting or

15  leasing a motor vehicle from the licensee's employer for

16  liability arising in connection with the negligent operation

17  of the leased or rented motor vehicle, provided that the lease

18  or rental agreement is for not more than 30 days; that the

19  lessee is not provided coverage for more than 30 consecutive

20  days per lease period, and, if the lease is extended beyond 30

21  days, the coverage may be extended one time only for a period

22  not to exceed an additional 30 days; that the lessee is given

23  written notice that his or her personal insurance policy

24  providing coverage on an owned motor vehicle may provide

25  additional excess coverage; and that the purchase of the

26  insurance is not required in connection with the lease or

27  rental of a motor vehicle.  The excess liability insurance may

28  be provided to the lessee as an additional insured on a policy

29  issued to the licensee's employer.

30         3.  A business entity that office licensed pursuant to

31  subparagraph 1., or a person licensed pursuant to subparagraph

                                  36

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1  1. who is a full-time salaried employee of a business which

 2  offers motor vehicles for rent or lease, may, as an agent of

 3  an insurer, transact insurance that provides coverage for the

 4  liability of the lessee to the lessor for damage to the leased

 5  or rented motor vehicle if:

 6         a.  The lease or rental agreement is for not more than

 7  30 days; or the lessee is not provided coverage for more than

 8  30 consecutive days per lease period, but, if the lease is

 9  extended beyond 30 days, the coverage may be extended one time

10  only for a period not to exceed an additional 30 days;

11         b.  The lessee is given written notice that his or her

12  personal insurance policy that provides coverage on an owned

13  motor vehicle may provide such coverage with or without a

14  deductible; and

15         c.  The purchase of the insurance is not required in

16  connection with the lease or rental of a motor vehicle.

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

18  section is required to:

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

20  626.171. The requirements of s. 626.171(4)(5) shall only apply

21  to the officers and directors of the entity submitting the

22  application.

23         Section 31.  This act does not require the Department

24  of Financial Services to begin issuing licenses to personal

25  lines agents on the effective date of this act if the

26  department has not completed the process of incorporating

27  necessary procedures for issuing personal lines licenses into

28  its licensing systems.

29         Section 32.  Section 626.592, Florida Statutes, is

30  repealed.

31  

                                  37

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






    Florida Senate - 2004                           CS for SB 2800
    311-2330-04




 1         Section 33.  This act shall take effect October 1,

 2  2004.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 2800

 6                                 

 7  Provides a delayed effective date to October 1, 2005, for
    insurance agencies to obtain a license and imposes a fine of
 8  up to $10,000 on agencies that fail to timely apply for
    licensure.
 9  
    Eliminates the requirement that continuing education classes
10  for insurance agents include instruction on the subject of
    unauthorized entities that sell insurance.
11  
    Removes language that would have limited the number of
12  different agency names that could be used by agencies under
    the same ownership.
13  
    Clarifies that grounds for disciplinary action against one
14  licensed agency do not necessarily constitute grounds for
    actions against related agencies.
15  
    Provides that the Department of Financial Services cannot be
16  required to issue personal lines insurance agent licenses on
    the effective date of this law if its licensing systems have
17  not been changed to accommodate the new license.

18  Clarifies that a business entity offering baggage and motor
    vehicle excess liability insurance that offers motor vehicles
19  for rent or lease may use part-time employees to offer such
    insurance.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  38

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