HB 0501

1
A bill to be entitled
2An act relating to insurance field representatives and
3operations; amending s. 626.321, F.S.; including service
4warranty agreement sales covering communications equipment
5under certain limited licensing provisions; limiting a
6licensing requirement for a communications equipment
7retail vendor license; revising certain application and
8licensing requirements for certain entities; requiring
9certain fees; providing construction relating to criminal
10liability or disciplinary proceedings; amending s.
11626.471, F.S.; increasing a period of notification of
12intent to terminate an appointment; amending s. 626.731,
13F.S.; revising a qualification for licensure as a general
14lines agent; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (i) of subsection (1) and paragraph
19(c) of subsection (2) of section 626.321, Florida Statutes, are
20amended to read:
21     626.321  Limited licenses.--
22     (1)  The department shall issue to a qualified individual,
23or a qualified individual or entity under paragraphs (c), (d),
24(e), and (i), a license as agent authorized to transact a
25limited class of business in any of the following categories:
26     (i)  In-transit and storage personal property insurance;
27communications equipment property insurance, or communications
28equipment inland marine insurance, and communications equipment
29service warranty agreement sales.--
30     1.  A license covering only the insurance of personal
31property not held for resale, covering the risks of
32transportation or storage in rented or leased motor vehicles,
33trailers, or self-service storage facilities, as the latter are
34defined in s. 83.803, may be issued, without examination, only
35to employees or authorized representatives of lessors who rent
36or lease motor vehicles, trailers, or self-service storage
37facilities and who are authorized by an insurer to issue
38certificates or other evidences of insurance to lessees of such
39motor vehicles, trailers, or self-service storage facilities
40under an insurance policy issued to the lessor. A person
41licensed under this paragraph shall give a prospective purchaser
42of in-transit or storage personal property insurance written
43notice that his or her homeowner's policy may provide coverage
44for the loss of personal property and that the purchase of such
45insurance is not required under the lease terms.
46     2.  A license covering only communications equipment, for
47the loss, theft, mechanical failure, malfunction of or damage
48to, communications equipment. The license may be issued only to:
49     a.  Employees or authorized representatives of a licensed
50general lines agent;
51     b.  The primary Each business location of a retail vendor
52of communications equipment; or
53     c.  Employees, agents, or authorized representatives of a
54retail vendor of communications equipment.
55
56The license authorizes the sale of such policies, or
57certificates under a group master policy, only with respect to
58the sale of, or provision of communications service for,
59communications equipment. A general lines agent is not required
60to obtain a license under this subparagraph to offer or sell
61communications equipment property insurance or communication
62equipment inland marine insurance. The license also authorizes
63sales of service warranty agreements covering only
64communications equipment to the same extent as if licensed under
65s. 634.419 or s. 634.420. The provisions of this chapter
66requiring submission of fingerprints do not apply to
67communications equipment licenses issued to qualified entities
68under this subparagraph. Licensees offering policies under this
69subparagraph must receive initial training from, and have a
70contractual relationship with, a general lines agent. An entity
71seeking a license under this subparagraph and applying for a
72license pursuant to paragraph (2)(a) may, in lieu of
73individually licensing each location as provided in paragraph
74(2)(b), provide a list of each office, branch office, or place
75of business making use of the entity's business name and
76transacting business under the entity's license by submitting to
77the department, in connection with the entity's license
78application, a list containing the physical address of each such
79location and an initial $55 fee for each location. Such list
80shall be submitted annually to the department together with an
81initial $55 fee for any new branch location which was not
82previously identified as transacting business under such a
83license and a $5 transfer fee for each branch location
84previously identified as transacting business under another such
85license. Any branch location individually licensed under
86paragraph (2)(b) prior to January 1, 2006, may surrender its
87license and be transferred to a list of branch locations for a
88licensed entity under this subparagraph at no charge. A licensed
89and appointed entity authorizing transactions under its license
90at such branch locations shall be directly responsible and
91accountable for the acts of the listed branch locations under
92the license. Nothing in this subparagraph shall be construed to
93render a person criminally liable or subject to any disciplinary
94proceedings for any act unless such person personally committed
95or knew or should have known of such act and of the facts
96constituting a violation of this chapter. For the purposes of
97this subparagraph, the term "communications equipment" means
98handsets, pagers, personal digital assistants, portable
99computers, automatic answering devices, and other devices or
100accessories used to originate or receive communications signals
101or service, and includes services related to the use of such
102devices, such as consumer access to a wireless network; however,
103the term does not include telecommunications switching
104equipment, transmission wires, cell site transceiver equipment,
105or other equipment and systems used by telecommunications
106companies to provide telecommunications service to consumers.
107     (2)  An entity applying for a license under this section is
108required to:
109     (c)  Pay the applicable fees for the a license as
110prescribed in s. 624.501, be appointed under s. 626.112, and pay
111the prescribed appointment fee under s. 624.501. A licensed and
112appointed entity shall be directly responsible and accountable
113for all acts of the licensee's employees.
114     Section 2.  Subsection (1) of section 626.471, Florida
115Statutes, is amended to read:
116     626.471  Termination of appointment.--
117     (1)  Subject to an appointee's contract rights, an
118appointing entity may terminate its appointment of any appointee
119at any time. Except when termination is upon a ground which
120would subject the appointee to suspension or revocation of his
121or her license and appointment under s. 626.611 or s. 626.621,
122and except as provided by contract between the appointing entity
123and the appointee, the appointing entity shall give at least 120
12460 days' advance written notice of its intention to terminate
125such appointment to the appointee, either by delivery thereof to
126the appointee in person or by mailing it, postage prepaid,
127addressed to the appointee at his or her last address of record
128with the appointing entity. Notice so mailed shall be deemed to
129have been given when deposited in a United States Postal Service
130mail depository.
131     Section 3.  Paragraph (f) of subsection (1) of section
132626.731, Florida Statutes, is amended to read:
133     626.731  Qualifications for general lines agent's
134license.--
135     (1)  The department shall not grant or issue a license as
136general lines agent to any individual found by it to be
137untrustworthy or incompetent or who does not meet each of the
138following qualifications:
139     (f)  The applicant is not a service representative, a
140managing general agent, or a special agent or similar service
141representative of a health insurer which also transacts
142property, casualty, or surety insurance; except that the
143president, vice president, secretary, or treasurer, including a
144member of the board of directors, of a corporate insurer, if
145otherwise qualified under and meeting the requirements of this
146part, may be licensed and appointed as a local resident agent.
147     Section 4.  This act shall take effect upon becoming a law.


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