| 1 | Representative(s) Traviesa offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 81 and 82, insert: |
| 5 | Section 1. Paragraph (i) of subsection (1) of section |
| 6 | 626.321, Florida Statutes, is amended to read: |
| 7 | 626.321 Limited licenses.-- |
| 8 | (1) The department shall issue to a qualified individual, |
| 9 | or a qualified individual or entity under paragraphs (c), (d), |
| 10 | (e), and (i), a license as agent authorized to transact a |
| 11 | limited class of business in any of the following categories: |
| 12 | (i) In-transit and storage personal property insurance; |
| 13 | communications equipment property insurance, or communications |
| 14 | equipment inland marine insurance, and communications equipment |
| 15 | service warranty agreement sales.-- |
| 16 | 1. A license covering only the insurance of personal |
| 17 | property not held for resale, covering the risks of |
| 18 | transportation or storage in rented or leased motor vehicles, |
| 19 | trailers, or self-service storage facilities, as the latter are |
| 20 | defined in s. 83.803, may be issued, without examination, only |
| 21 | to employees or authorized representatives of lessors who rent |
| 22 | or lease motor vehicles, trailers, or self-service storage |
| 23 | facilities and who are authorized by an insurer to issue |
| 24 | certificates or other evidences of insurance to lessees of such |
| 25 | motor vehicles, trailers, or self-service storage facilities |
| 26 | under an insurance policy issued to the lessor. A person |
| 27 | licensed under this paragraph shall give a prospective purchaser |
| 28 | of in-transit or storage personal property insurance written |
| 29 | notice that his or her homeowner's policy may provide coverage |
| 30 | for the loss of personal property and that the purchase of such |
| 31 | insurance is not required under the lease terms. |
| 32 | 2. A license covering only communications equipment, for |
| 33 | the loss, theft, mechanical failure, malfunction of or damage |
| 34 | to, communications equipment. The license may be issued only to: |
| 35 | a. Employees or authorized representatives of a licensed |
| 36 | general lines agent; |
| 37 | b. The lead Each business location of a retail vendor of |
| 38 | communications equipment and its branch locations; or |
| 39 | c. Employees, agents, or authorized representatives of a |
| 40 | retail vendor of communications equipment. |
| 41 |
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| 42 | The license authorizes the sale of such policies, or |
| 43 | certificates under a group master policy, only with respect to |
| 44 | the sale of, or provision of communications service for, |
| 45 | communications equipment. A general lines agent is not required |
| 46 | to obtain a license under this subparagraph to offer or sell |
| 47 | communications equipment property insurance or communication |
| 48 | equipment inland marine insurance. The license also authorizes |
| 49 | sales of service warranty agreements covering only |
| 50 | communications equipment to the same extent as if licensed under |
| 51 | s. 634.419 or s. 634.420. The provisions of this chapter |
| 52 | requiring submission of fingerprints do not apply to |
| 53 | communications equipment licenses issued to qualified entities |
| 54 | under this subparagraph. Licensees offering policies under this |
| 55 | subparagraph must receive initial training from, and have a |
| 56 | contractual relationship with, a general lines agent. For the |
| 57 | purposes of this subparagraph, the term "communications |
| 58 | equipment" means handsets, pagers, personal digital assistants, |
| 59 | portable computers, automatic answering devices, and other |
| 60 | devices or accessories used to originate or receive |
| 61 | communications signals or service, and includes services related |
| 62 | to the use of such devices, such as consumer access to a |
| 63 | wireless network; however, the term does not include |
| 64 | telecommunications switching equipment, transmission wires, cell |
| 65 | site transceiver equipment, or other equipment and systems used |
| 66 | by telecommunications companies to provide telecommunications |
| 67 | service to consumers. A branch location of a retail vendor of |
| 68 | communications equipment licensed pursuant to paragraph (2)(b) |
| 69 | may, in lieu of obtaining an appointment from an insurer or |
| 70 | warranty association as provided in paragraph (2)(c), obtain a |
| 71 | single appointment from the associated lead business location |
| 72 | licensee licensed under paragraph (2)(a) and pay the prescribed |
| 73 | appointment fee under s. 624.501, provided the lead business |
| 74 | location has a single appointment from each insurer or warranty |
| 75 | association represented and such appointment provides that it |
| 76 | applies to the lead business location and all of its branch |
| 77 | locations. Any branch location individually appointed by an |
| 78 | insurer under paragraph (2)(c) prior to January 1, 2006, may |
| 79 | replace its appointments with an appointment from its lead |
| 80 | location at no charge. Branch location appointments shall be |
| 81 | renewed on the first annual anniversary of licensure of the lead |
| 82 | business location occurring more than 24 months after the |
| 83 | initial appointment date and every 24 months thereafter. |
| 84 | Notwithstanding s. 624.501, after July 1, 2006, the renewal fee |
| 85 | applicable to such branch location appointments shall be $30 per |
| 86 | appointment. |
| 87 | Section 2. Paragraph (f) of subsection (1) of section |
| 88 | 626.731, Florida Statutes, is amended to read: |
| 89 | 626.731 Qualifications for general lines agent's |
| 90 | license.-- |
| 91 | (1) The department shall not grant or issue a license as |
| 92 | general lines agent to any individual found by it to be |
| 93 | untrustworthy or incompetent or who does not meet each of the |
| 94 | following qualifications: |
| 95 | (f) The applicant is not a service representative, a |
| 96 | managing general agent licensed in this state, or a special |
| 97 | agent or similar service representative of a health insurer |
| 98 | which also transacts property, casualty, or surety insurance; |
| 99 | except that the president, vice president, secretary, or |
| 100 | treasurer, including a member of the board of directors, of a |
| 101 | corporate insurer, if otherwise qualified under and meeting the |
| 102 | requirements of this part, may be licensed and appointed as a |
| 103 | local resident agent. |
| 104 | Section 3. Section 624.1275, Florida Statutes, is created |
| 105 | to read: |
| 106 | 624.1275 Insurance agents; prohibited exclusion from |
| 107 | public bidding and negotiations.--A licensed insurance agent may |
| 108 | not be prohibited or excluded from competing or negotiating for |
| 109 | any insurance product or plan purchased, provided, or endorsed |
| 110 | by a state agency or any political subdivision of this state on |
| 111 | the basis of the compensation or contractual or employment |
| 112 | arrangement granted to the agent by an employer, insurer, or |
| 113 | licensed agency. The term "political subdivision" has the same |
| 114 | meaning set forth in s. 1.01. |
| 115 | Section 4. Subsection (5) is added to section 636.044, |
| 116 | Florida Statutes, to read: |
| 117 | 636.044 Agent licensing.-- |
| 118 | (5) Notwithstanding the provisions of this section, a |
| 119 | person registered in accordance with part XI of chapter 559 as a |
| 120 | seller of travel may engage in the solicitation and sale of |
| 121 | insurance covering the cost of transportation by air ambulance, |
| 122 | as defined in s. 401.23(4), that is provided by an air ambulance |
| 123 | service licensed pursuant to s. 401.251. The insurance policy |
| 124 | providing this coverage is subject to all applicable provisions |
| 125 | of this chapter. A seller of travel may solicit and sell such |
| 126 | insurance only in connection with the sale of transportation |
| 127 | tickets. No such policy shall be in effect for a duration of |
| 128 | more than 48 hours or for the duration of a specified one-way or |
| 129 | round-trip travel event. |
| 130 | Section 5. Paragraph (b) of subsection (20) of section |
| 131 | 627.64872, Florida Statutes, is amended to read: |
| 132 | 627.64872 Florida Health Insurance Plan.-- |
| 133 | (20) COMBINING MEMBERSHIP OF THE FLORIDA COMPREHENSIVE |
| 134 | HEALTH ASSOCIATION; ASSESSMENT.-- |
| 135 | (b)1. As a condition of doing business in this state, an |
| 136 | insurer shall pay an assessment to the board in the amount |
| 137 | prescribed by this section. For operating losses incurred on or |
| 138 | after July 1, 2004, by persons enrolled in the Florida |
| 139 | Comprehensive Health Association, each insurer shall annually be |
| 140 | assessed by the board in the following calendar year a portion |
| 141 | of such incurred operating losses of the plan. Such portion |
| 142 | shall be determined by multiplying such operating losses by a |
| 143 | fraction, the numerator of which equals the insurer's earned |
| 144 | premium pertaining to direct writings of health insurance in the |
| 145 | state during the calendar year preceding that for which the |
| 146 | assessment is levied, and the denominator of which equals the |
| 147 | total of all such premiums earned by insurers in the state |
| 148 | during such calendar year. |
| 149 | 2. The total of all assessments under this paragraph upon |
| 150 | an insurer shall not exceed 1 percent of such insurer's health |
| 151 | insurance premium earned in this state during the calendar year |
| 152 | preceding the year for which the assessments were levied. |
| 153 | 3. For the purposes of determining assessments under this |
| 154 | section, the term "health insurance" means any hospital and |
| 155 | medical expense incurred policy, minimum premium plan, stop-loss |
| 156 | coverage, health maintenance organization contract, prepaid |
| 157 | health clinic contract, multiple-employer welfare arrangement |
| 158 | contract, or fraternal benefit society health benefits contract, |
| 159 | whether sold as an individual or group policy or contract. The |
| 160 | term does not include a policy covering medical payment coverage |
| 161 | or personal injury protection coverage in a motor vehicle |
| 162 | policy, coverage issued as a supplement to liability insurance, |
| 163 | or workers' compensation. |
| 164 | 4.3. All rights, title, and interest in the assessment |
| 165 | funds collected under this paragraph shall vest in this state. |
| 166 | However, all of such funds and interest earned shall be used by |
| 167 | the plan to pay claims and administrative expenses. |
| 168 | Section 6. Subsections (5) and (6) are added to section |
| 169 | 943.135, Florida Statutes, to read: |
| 170 | 943.135 Requirements for continued employment.-- |
| 171 | (5) An employing agency as defined in s. 943.10(4) may |
| 172 | require a law enforcement officer and correctional officer as |
| 173 | defined in s. 943.10(1), (2), or (3) to successfully pass a |
| 174 | physical examination in order to be eligible for the presumption |
| 175 | set forth in s. 112.18. The employing agency shall have the |
| 176 | physical examination performed prior to or immediately upon |
| 177 | employment of the officer. This provision shall not affect the |
| 178 | applicability of the presumption set forth in s. 112.18 for law |
| 179 | enforcement officers or correctional officers who are currently |
| 180 | employed by an employing agency. |
| 181 | (6) An employing agency as defined in s. 943.10(4) may set |
| 182 | tobacco use standards for law enforcement officers and |
| 183 | correctional officers as defined in s. 943.10(1), (2), or (3) |
| 184 | employed by a municipality, county, or political subdivision of |
| 185 | the state or any agent of the political subdivision who has |
| 186 | constitutional authority or statutory authority to employ or |
| 187 | appoint an officer. |
| 188 |
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| 189 |
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| 190 | ================ T I T L E A M E N D M E N T ============= |
| 191 | Remove line(s) 6 and insert: |
| 192 | An act relating to insurance; amending s. 626.321, F.S.; |
| 193 | including service warranty agreement sales covering |
| 194 | communications equipment under certain limited licensing |
| 195 | provisions; providing for additional appointment authority |
| 196 | for certain licensed branch locations of a communications |
| 197 | equipment retail vendor; revising certain application, |
| 198 | appointment, and licensing requirements for certain |
| 199 | entities; providing for payment of appointment fees; |
| 200 | providing an exception; requiring renewals of |
| 201 | appointments; providing for a renewal fee; amending s. |
| 202 | 626.731, F.S.; revising a qualification for licensure as a |
| 203 | general lines agent; creating s. 624.1275, F.S.; |
| 204 | proscribing state agencies and political subdivisions from |
| 205 | prohibiting or excluding licensed insurance agents from |
| 206 | competing or negotiating for certain insurance products or |
| 207 | plans; providing a definition; amending s. 636.044, F.S.; |
| 208 | authorizing certain persons to engage in the solicitation |
| 209 | and sale of certain insurance relating to air ambulance |
| 210 | transportation costs; providing requirements and |
| 211 | limitations; amending s. 627.64872, F.S.; redefining the |
| 212 | term "health insurance" for purposes of determining |
| 213 | assessments under the Florida Health Insurance Plan; |
| 214 | amending s. 943.135, F.S.; authorizing certain employing |
| 215 | agencies to require law enforcement officers and |
| 216 | correctional officers to pass certain physical |
| 217 | examinations for certain purposes; providing criteria, |
| 218 | requirements, and limitations; authorizing certain |
| 219 | employing agencies to set tobacco use standards for law |
| 220 | enforcement officers and correctional officers employed by |
| 221 | local governments; amending s. |