HB 0501CS

CHAMBER ACTION




1The Insurance Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to insurance field representatives and
7operations; amending s. 626.321, F.S.; including service
8warranty agreement sales covering communications equipment
9under certain limited licensing provisions; providing for
10additional appointment authority for certain licensed
11branch locations of a communications equipment retail
12vendor; revising certain application, appointment, and
13licensing requirements for certain entities; providing for
14payment of appointment fees; providing an exception;
15requiring renewals of appointments; providing for a
16renewal fee; amending s. 626.471, F.S.; increasing a
17period of notification of intent to terminate an
18appointment; amending s. 626.731, F.S.; revising a
19qualification for licensure as a general lines agent;
20amending s. 627.7295, F.S.; deleting a requirement for
21inclusion of an agent fee in a rate filing; providing an
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Paragraph (i) of subsection (1) of section
27626.321, Florida Statutes, is amended to read:
28     626.321  Limited licenses.--
29     (1)  The department shall issue to a qualified individual,
30or a qualified individual or entity under paragraphs (c), (d),
31(e), and (i), a license as agent authorized to transact a
32limited class of business in any of the following categories:
33     (i)  In-transit and storage personal property insurance;
34communications equipment property insurance, or communications
35equipment inland marine insurance, and communications equipment
36service warranty agreement sales.--
37     1.  A license covering only the insurance of personal
38property not held for resale, covering the risks of
39transportation or storage in rented or leased motor vehicles,
40trailers, or self-service storage facilities, as the latter are
41defined in s. 83.803, may be issued, without examination, only
42to employees or authorized representatives of lessors who rent
43or lease motor vehicles, trailers, or self-service storage
44facilities and who are authorized by an insurer to issue
45certificates or other evidences of insurance to lessees of such
46motor vehicles, trailers, or self-service storage facilities
47under an insurance policy issued to the lessor. A person
48licensed under this paragraph shall give a prospective purchaser
49of in-transit or storage personal property insurance written
50notice that his or her homeowner's policy may provide coverage
51for the loss of personal property and that the purchase of such
52insurance is not required under the lease terms.
53     2.  A license covering only communications equipment, for
54the loss, theft, mechanical failure, malfunction of or damage
55to, communications equipment. The license may be issued only to:
56     a.  Employees or authorized representatives of a licensed
57general lines agent;
58     b.  The lead Each business location of a retail vendor of
59communications equipment and its branch locations; or
60     c.  Employees, agents, or authorized representatives of a
61retail vendor of communications equipment.
62
63The license authorizes the sale of such policies, or
64certificates under a group master policy, only with respect to
65the sale of, or provision of communications service for,
66communications equipment. A general lines agent is not required
67to obtain a license under this subparagraph to offer or sell
68communications equipment property insurance or communication
69equipment inland marine insurance. The license also authorizes
70sales of service warranty agreements covering only
71communications equipment to the same extent as if licensed under
72s. 634.419 or s. 634.420. The provisions of this chapter
73requiring submission of fingerprints do not apply to
74communications equipment licenses issued to qualified entities
75under this subparagraph. Licensees offering policies under this
76subparagraph must receive initial training from, and have a
77contractual relationship with, a general lines agent. For the
78purposes of this subparagraph, the term "communications
79equipment" means handsets, pagers, personal digital assistants,
80portable computers, automatic answering devices, and other
81devices or accessories used to originate or receive
82communications signals or service, and includes services related
83to the use of such devices, such as consumer access to a
84wireless network; however, the term does not include
85telecommunications switching equipment, transmission wires, cell
86site transceiver equipment, or other equipment and systems used
87by telecommunications companies to provide telecommunications
88service to consumers. A branch location of a retail vendor of
89communications equipment licensed pursuant to paragraph (2)(b)
90may, in lieu of obtaining an appointment from an insurer or
91warranty association as provided in paragraph (2)(c), obtain a
92single appointment from the associated lead business location
93licensee licensed under paragraph (2)(a) and pay the prescribed
94appointment fee under s. 624.501 provided the lead business
95location has a single appointment from each insurer or warranty
96association represented and such appointment provides that it
97applies to the lead business location and all of its branch
98locations. Any branch location individually appointed by an
99insurer under paragraph (2)(c) prior to January 1, 2006, may
100replace its appointments with an appointment from its lead
101location at no charge. Branch location appointments shall be
102renewed on the first annual anniversary of licensure of the lead
103business location occurring more than 24 months after the
104initial appointment date and every 24 months thereafter.
105Notwithstanding s. 624.501, after July 1, 2006, the renewal fee
106applicable to such branch location appointments shall be $30 per
107appointment.
108     Section 2.  Subsection (1) of section 626.471, Florida
109Statutes, is amended to read:
110     626.471  Termination of appointment.--
111     (1)  Subject to an appointee's contract rights, an
112appointing entity may terminate its appointment of any appointee
113at any time. Except when termination is upon a ground which
114would subject the appointee to suspension or revocation of his
115or her license and appointment under s. 626.611 or s. 626.621,
116and except as provided by contract between the appointing entity
117and the appointee, the appointing entity shall give at least 120
11860 days' advance written notice of its intention to terminate
119such appointment to the appointee, either by delivery thereof to
120the appointee in person or by mailing it, postage prepaid,
121addressed to the appointee at his or her last address of record
122with the appointing entity. Notice so mailed shall be deemed to
123have been given when deposited in a United States Postal Service
124mail depository.
125     Section 3.  Paragraph (f) of subsection (1) of section
126626.731, Florida Statutes, is amended to read:
127     626.731  Qualifications for general lines agent's
128license.--
129     (1)  The department shall not grant or issue a license as
130general lines agent to any individual found by it to be
131untrustworthy or incompetent or who does not meet each of the
132following qualifications:
133     (f)  The applicant is not a service representative, a
134managing general agent in this state, or a special agent or
135similar service representative of a health insurer which also
136transacts property, casualty, or surety insurance; except that
137the president, vice president, secretary, or treasurer,
138including a member of the board of directors, of a corporate
139insurer, if otherwise qualified under and meeting the
140requirements of this part, may be licensed and appointed as a
141local resident agent.
142     Section 4.  Paragraph (a) of subsection (5) of section
143627.7295, Florida Statutes, is amended to read:
144     627.7295  Motor vehicle insurance contracts.--
145     (5)(a)  A licensed general lines agent may charge a
146per-policy fee not to exceed $10 to cover the administrative
147costs of the agent associated with selling the motor vehicle
148insurance policy if the policy covers only personal injury
149protection coverage as provided by s. 627.736 and property
150damage liability coverage as provided by s. 627.7275 and if no
151other insurance is sold or issued in conjunction with or
152collateral to the policy. The per-policy fee must be a component
153of the insurer's rate filing and may not be charged by an agent
154unless the fee is included in the filing. The fee is not
155considered part of the premium except for purposes of the
156office's review of expense factors in a filing made pursuant to
157s. 627.062.
158     Section 5.  This act shall take effect upon becoming a law.


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