1 | The Insurance Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to insurance field representatives and |
7 | operations; amending s. 626.321, F.S.; including service |
8 | warranty agreement sales covering communications equipment |
9 | under certain limited licensing provisions; providing for |
10 | additional appointment authority for certain licensed |
11 | branch locations of a communications equipment retail |
12 | vendor; revising certain application, appointment, and |
13 | licensing requirements for certain entities; providing for |
14 | payment of appointment fees; providing an exception; |
15 | requiring renewals of appointments; providing for a |
16 | renewal fee; amending s. 626.471, F.S.; increasing a |
17 | period of notification of intent to terminate an |
18 | appointment; amending s. 626.731, F.S.; revising a |
19 | qualification for licensure as a general lines agent; |
20 | amending s. 627.7295, F.S.; deleting a requirement for |
21 | inclusion of an agent fee in a rate filing; providing an |
22 | effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
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26 | Section 1. Paragraph (i) of subsection (1) of section |
27 | 626.321, Florida Statutes, is amended to read: |
28 | 626.321 Limited licenses.-- |
29 | (1) The department shall issue to a qualified individual, |
30 | or a qualified individual or entity under paragraphs (c), (d), |
31 | (e), and (i), a license as agent authorized to transact a |
32 | limited class of business in any of the following categories: |
33 | (i) In-transit and storage personal property insurance; |
34 | communications equipment property insurance, or communications |
35 | equipment inland marine insurance, and communications equipment |
36 | service warranty agreement sales.-- |
37 | 1. A license covering only the insurance of personal |
38 | property not held for resale, covering the risks of |
39 | transportation or storage in rented or leased motor vehicles, |
40 | trailers, or self-service storage facilities, as the latter are |
41 | defined in s. 83.803, may be issued, without examination, only |
42 | to employees or authorized representatives of lessors who rent |
43 | or lease motor vehicles, trailers, or self-service storage |
44 | facilities and who are authorized by an insurer to issue |
45 | certificates or other evidences of insurance to lessees of such |
46 | motor vehicles, trailers, or self-service storage facilities |
47 | under an insurance policy issued to the lessor. A person |
48 | licensed under this paragraph shall give a prospective purchaser |
49 | of in-transit or storage personal property insurance written |
50 | notice that his or her homeowner's policy may provide coverage |
51 | for the loss of personal property and that the purchase of such |
52 | insurance is not required under the lease terms. |
53 | 2. A license covering only communications equipment, for |
54 | the loss, theft, mechanical failure, malfunction of or damage |
55 | to, communications equipment. The license may be issued only to: |
56 | a. Employees or authorized representatives of a licensed |
57 | general lines agent; |
58 | b. The lead Each business location of a retail vendor of |
59 | communications equipment and its branch locations; or |
60 | c. Employees, agents, or authorized representatives of a |
61 | retail vendor of communications equipment. |
62 |
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63 | The license authorizes the sale of such policies, or |
64 | certificates under a group master policy, only with respect to |
65 | the sale of, or provision of communications service for, |
66 | communications equipment. A general lines agent is not required |
67 | to obtain a license under this subparagraph to offer or sell |
68 | communications equipment property insurance or communication |
69 | equipment inland marine insurance. The license also authorizes |
70 | sales of service warranty agreements covering only |
71 | communications equipment to the same extent as if licensed under |
72 | s. 634.419 or s. 634.420. The provisions of this chapter |
73 | requiring submission of fingerprints do not apply to |
74 | communications equipment licenses issued to qualified entities |
75 | under this subparagraph. Licensees offering policies under this |
76 | subparagraph must receive initial training from, and have a |
77 | contractual relationship with, a general lines agent. For the |
78 | purposes of this subparagraph, the term "communications |
79 | equipment" means handsets, pagers, personal digital assistants, |
80 | portable computers, automatic answering devices, and other |
81 | devices or accessories used to originate or receive |
82 | communications signals or service, and includes services related |
83 | to the use of such devices, such as consumer access to a |
84 | wireless network; however, the term does not include |
85 | telecommunications switching equipment, transmission wires, cell |
86 | site transceiver equipment, or other equipment and systems used |
87 | by telecommunications companies to provide telecommunications |
88 | service to consumers. A branch location of a retail vendor of |
89 | communications equipment licensed pursuant to paragraph (2)(b) |
90 | may, in lieu of obtaining an appointment from an insurer or |
91 | warranty association as provided in paragraph (2)(c), obtain a |
92 | single appointment from the associated lead business location |
93 | licensee licensed under paragraph (2)(a) and pay the prescribed |
94 | appointment fee under s. 624.501 provided the lead business |
95 | location has a single appointment from each insurer or warranty |
96 | association represented and such appointment provides that it |
97 | applies to the lead business location and all of its branch |
98 | locations. Any branch location individually appointed by an |
99 | insurer under paragraph (2)(c) prior to January 1, 2006, may |
100 | replace its appointments with an appointment from its lead |
101 | location at no charge. Branch location appointments shall be |
102 | renewed on the first annual anniversary of licensure of the lead |
103 | business location occurring more than 24 months after the |
104 | initial appointment date and every 24 months thereafter. |
105 | Notwithstanding s. 624.501, after July 1, 2006, the renewal fee |
106 | applicable to such branch location appointments shall be $30 per |
107 | appointment. |
108 | Section 2. Subsection (1) of section 626.471, Florida |
109 | Statutes, is amended to read: |
110 | 626.471 Termination of appointment.-- |
111 | (1) Subject to an appointee's contract rights, an |
112 | appointing entity may terminate its appointment of any appointee |
113 | at any time. Except when termination is upon a ground which |
114 | would subject the appointee to suspension or revocation of his |
115 | or her license and appointment under s. 626.611 or s. 626.621, |
116 | and except as provided by contract between the appointing entity |
117 | and the appointee, the appointing entity shall give at least 120 |
118 | 60 days' advance written notice of its intention to terminate |
119 | such appointment to the appointee, either by delivery thereof to |
120 | the appointee in person or by mailing it, postage prepaid, |
121 | addressed to the appointee at his or her last address of record |
122 | with the appointing entity. Notice so mailed shall be deemed to |
123 | have been given when deposited in a United States Postal Service |
124 | mail depository. |
125 | Section 3. Paragraph (f) of subsection (1) of section |
126 | 626.731, Florida Statutes, is amended to read: |
127 | 626.731 Qualifications for general lines agent's |
128 | license.-- |
129 | (1) The department shall not grant or issue a license as |
130 | general lines agent to any individual found by it to be |
131 | untrustworthy or incompetent or who does not meet each of the |
132 | following qualifications: |
133 | (f) The applicant is not a service representative, a |
134 | managing general agent in this state, or a special agent or |
135 | similar service representative of a health insurer which also |
136 | transacts property, casualty, or surety insurance; except that |
137 | the president, vice president, secretary, or treasurer, |
138 | including a member of the board of directors, of a corporate |
139 | insurer, if otherwise qualified under and meeting the |
140 | requirements of this part, may be licensed and appointed as a |
141 | local resident agent. |
142 | Section 4. Paragraph (a) of subsection (5) of section |
143 | 627.7295, Florida Statutes, is amended to read: |
144 | 627.7295 Motor vehicle insurance contracts.-- |
145 | (5)(a) A licensed general lines agent may charge a |
146 | per-policy fee not to exceed $10 to cover the administrative |
147 | costs of the agent associated with selling the motor vehicle |
148 | insurance policy if the policy covers only personal injury |
149 | protection coverage as provided by s. 627.736 and property |
150 | damage liability coverage as provided by s. 627.7275 and if no |
151 | other insurance is sold or issued in conjunction with or |
152 | collateral to the policy. The per-policy fee must be a component |
153 | of the insurer's rate filing and may not be charged by an agent |
154 | unless the fee is included in the filing. The fee is not |
155 | considered part of the premium except for purposes of the |
156 | office's review of expense factors in a filing made pursuant to |
157 | s. 627.062. |
158 | Section 5. This act shall take effect upon becoming a law. |