HB 0591CS

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 agents and agencies; creating
7s. 624.1275, F.S.; proscribing state agencies and
8political subdivisions from prohibiting or excluding
9licensed insurance agents from competing or negotiating
10for certain insurance products or plans; providing a
11definition; amending s. 624.317, F.S.; including insurance
12agencies among entities the Department of Financial
13Services is authorized to investigate; amending s.
14624.318, F.S.; authorizing the department or the Office of
15Insurance Regulation to electronically scan certain
16information for certain purposes; providing application;
17amending s. 624.501, F.S.; clarifying a license fee;
18amending s. 626.015, F.S.; revising definitions; amending
19s. 626.016, F.S.; including insurance agencies among
20entities subject to regulation by the Chief Financial
21Officer; amending s. 626.025, F.S.; correcting cross
22references; amending s. 626.112, F.S.; delaying the
23effective date by which agencies must obtain a license;
24providing that an agency may file for registration in lieu
25of licensure under specified conditions; imposing a fine
26on any agency that fails to timely apply for licensure or
27registration; deleting certain agency licensure
28requirement provisions; amending s. 626.171, F.S.;
29specifying licensure and registration application
30requirements for insurance entities other than insurance
31agencies; deleting a provision applying to insurance
32agency license application requirements; amending s.
33626.172, F.S.; revising insurance agency licensure
34application requirements; providing procedures and
35limitations; providing duties of the department; amending
36s. 626.221, F.S.; revising exceptions to certain
37examination requirements; amending s. 626.2815, F.S.;
38revising certain continuing education requirements;
39amending ss. 626.292 and 626.321, F.S.; correcting cross
40references, to conform; amending s. 626.342, F.S.;
41including insurance agencies under provisions prohibiting
42furnishing supplies to certain unlicensed agents and
43imposing civil liability under certain circumstances;
44amending s. 626.382, F.S.; providing for renewal of
45licenses; amending s. 626.451, F.S.; clarifying
46application of a provision relating to authorizing
47effectuation of certain appointments; amending s. 626.536,
48F.S.; including insurance agencies under an action
49reporting requirement; amending s. 626.561, F.S.;
50including insurance agencies under provisions providing
51funds reporting and accounting requirements and imposing
52criminal penalties; amending s. 626.572, F.S.; including  
53insurance agencies under provisions prohibiting rebating
54under certain circumstances; amending s. 626.601, F.S.;
55including insurance agencies under provisions authorizing
56the department to inquire into improper conduct; creating
57s. 626.602, F.S.; authorizing the department to disapprove
58the use of certain names under certain circumstances;
59providing construction; amending s. 626.6115, F.S.;
60providing an additional ground for the department to take
61compulsory adverse insurance agency license actions;
62providing that the existence of grounds for adverse action
63against a licensed agency does not constitute grounds for
64adverse action against another licensed agency; amending
65s. 626.621, F.S.; clarifying a ground for certain adverse
66actions against certain licenses or appointments; amending
67s. 626.6215, F.S.; providing an additional ground for the
68department to take discretionary adverse insurance agency
69license actions; providing that the existence of grounds
70for adverse action against a licensed agency does not
71constitute grounds for adverse action against another
72licensed agency; amending s. 626.641, F.S.; specifying
73requests for reinstatements that are subject to denial and
74certain waiting periods; requiring applicants for
75additional licenses or appointments to apply and qualify;
76providing for denial of such applications; amending s.
77626.747, F.S.; revising agent requirements for branch
78agencies to include life or health agents; amending s.
79626.7351, F.S.; specifying an age requirement for
80applicants for a customer representative's license;
81amending ss. 626.7355 and 626.8411, F.S.; deleting cross
82references, to conform; creating s. 626.8420, F.S.;
83authorizing the department to issue a nonresident title
84insurance agent license under certain circumstances;
85providing application; amending s. 648.50, F.S.;
86clarifying a provision relating to adverse actions against
87licenses and appointments; repealing s. 626.592, F.S.,
88relating to primary agents; providing an effective date.
89
90Be It Enacted by the Legislature of the State of Florida:
91
92     Section 1.  Section 624.1275, Florida Statutes, is created
93to read:
94     624.1275  Insurance agents; prohibited exclusion from
95public bidding and negotiations.--A licensed insurance agent may
96not be prohibited or excluded from competing or negotiating for
97any insurance product or plan purchased, provided, or endorsed
98by a state agency or any political subdivision of this state on
99the basis of the compensation or contractual or employment
100arrangement granted to the agent by an employer, insurer, or
101licensed agency. The term "political subdivision" has the same
102meaning set forth in s. 1.01.
103     Section 2.  Subsection (1) of section 624.317, Florida
104Statutes, is amended to read:
105     624.317  Investigation of agents, agencies, adjusters,
106administrators, service companies, and others.--If it has reason
107to believe that any person has violated or is violating any
108provision of this code, or upon the written complaint signed by
109any interested person indicating that any such violation may
110exist:
111     (1)  The department shall conduct such investigation as it
112deems necessary of the accounts, records, documents, and
113transactions pertaining to or affecting the insurance affairs of
114any general agent, surplus lines agent, adjuster, managing
115general agent, insurance agent, insurance agency, customer
116representative, service representative, or other person subject
117to its jurisdiction, subject to the requirements of s. 626.601.
118     Section 3.  Subsection (7) is added to section 624.318,
119Florida Statutes, to read:
120     624.318  Conduct of examination or investigation; access to
121records; correction of accounts; appraisals.--
122     (7)(a)  The department or office or its examiners or
123investigators may electronically scan accounts, records,
124documents, files, and information, relating to the subject of
125the examination or investigation, in the possession or control
126of the person being examined or investigated.
127     (b)  The provisions of this subsection are applicable to
128all investigations and examinations authorized by any provision
129of the Florida Insurance Code.
130     Section 4.  Subsection (20) of section 624.501, Florida
131Statutes, is amended to read:
132     624.501  Filing, license, appointment, and miscellaneous
133fees.--The department, commission, or office, as appropriate,
134shall collect in advance, and persons so served shall pay to it
135in advance, fees, licenses, and miscellaneous charges as
136follows:
137     (20)  Insurance agency or Adjusting firm, original or
138renewal 3-year license....$60.00
139     Section 5.  Subsections (7) and (16) of section 626.015,
140Florida Statutes, are amended to read:
141     626.015  Definitions.--As used in this part:
142     (7)  "Home state" means the District of Columbia and any
143state or territory of the United States in which an insurance
144agent maintains his or her principal place of residence or
145principal place of business and is licensed to act as an
146insurance agent.
147     (16)  "Resident" means an individual whose home state is
148the State of Florida domiciled and residing in this state.
149     Section 6.  Subsection (1) of section 626.016, Florida
150Statutes, is amended to read:
151     626.016  Powers and duties of department, commission, and
152office.--
153     (1)  The powers and duties of the Chief Financial Officer
154and the department specified in this part apply only with
155respect to insurance agents, insurance agencies, managing
156general agents, insurance adjusters, reinsurance intermediaries,
157viatical settlement brokers, customer representatives, service
158representatives, and agencies.
159     Section 7.  Subsections (7) and (12) of section 626.025,
160Florida Statutes, are amended, and subsections (13), (14), and
161(15) of said section are renumbered as subsections (12), (13),
162and (14), respectively, to read:
163     626.025  Consumer protections.--To transact insurance,
164agents shall comply with consumer protection laws, including the
165following, as applicable:
166     (7)  Required licensure or registration of certain
167insurance agencies under s. 626.112 626.172.
168     (12)  Designation of a primary agent by an insurance agency
169under s. 626.592.
170     Section 8.  Subsection (7) of section 626.112, Florida
171Statutes, is amended to read:
172     626.112  License and appointment required; agents, customer
173representatives, adjusters, insurance agencies, service
174representatives, managing general agents.--
175     (7)(a)  Effective October 1, 2006, no individual, firm,
176partnership, corporation, association, or any other entity shall
177act in its own name or under a trade name, directly or
178indirectly, as an insurance agency, when required to be licensed
179by this subsection, unless it complies with s. 626.172 with
180respect to possessing an insurance agency license for each place
181of business at which it engages in any activity which may be
182performed only by a licensed insurance agent. Each agency
183engaged in business in this state before January 1, 2003, which
184is wholly owned by insurance agents currently licensed and
185appointed under this chapter, each incorporated agency whose
186voting shares are traded on a securities exchange, and each
187agency whose primary function is offering insurance as a service
188or member benefit to members of a nonprofit corporation may file
189an application for registration in lieu of licensure in
190accordance with s. 626.172(3). Each agency engaged in business
191before October 1, 2006, shall file an application for licensure
192or registration on or before October 1, 2006.
193     1.  If an agency is required to be licensed but fails to
194file an application for licensure in accordance with this
195section, the department shall impose on the agency an
196administrative penalty in an amount of up to $10,000.
197     2.  If an agency is eligible for registration but fails to
198file an application for registration or an application for
199licensure in accordance with this section, the department shall
200impose on the agency an administrative penalty in an amount of
201up to $5,000.
202     (b)  A registered An insurance agency shall, as a condition
203precedent to continuing business, obtain an insurance agency
204license if the department finds that, with respect to any
205majority owner, partner, manager, director, officer, or other
206person who manages or controls the agency, any person has,
207subsequent to the effective date of this act:
208     1.  Been found guilty of, or has pleaded guilty or nolo
209contendere to, a felony in this state or any other state
210relating to the business of insurance or to an insurance agency,
211without regard to whether a judgment of conviction has been
212entered by the court having jurisdiction of the cases.
213     2.  Employed any individual in a managerial capacity or in
214a capacity dealing with the public who is under an order of
215revocation or suspension issued by the department. An insurance
216agency may request, on forms prescribed by the department,
217verification of any person's license status. If a request is
218mailed within 5 working days after an employee is hired, and the
219employee's license is currently suspended or revoked, the agency
220shall not be required to obtain a license, if the unlicensed
221person's employment is immediately terminated.
222     3.  Operated the agency or permitted the agency to be
223operated in violation of s. 626.747.
224     4.  With such frequency as to have made the operation of
225the agency hazardous to the insurance-buying public or other
226persons:
227     a.  Solicited or handled controlled business. This
228subparagraph shall not prohibit the licensing of any lending or
229financing institution or creditor, with respect to insurance
230only, under credit life or disability insurance policies of
231borrowers from the institutions, which policies are subject to
232part IX of chapter 627.
233     b.  Misappropriated, converted, or unlawfully withheld
234moneys belonging to insurers, insureds, beneficiaries, or others
235and received in the conduct of business under the license.
236     c.  Unlawfully rebated, attempted to unlawfully rebate, or
237unlawfully divided or offered to divide commissions with
238another.
239     d.  Misrepresented any insurance policy or annuity
240contract, or used deception with regard to any policy or
241contract, done either in person or by any form of dissemination
242of information or advertising.
243     e.  Violated any provision of this code or any other law
244applicable to the business of insurance in the course of dealing
245under the license.
246     f.  Violated any lawful order or rule of the department.
247     g.  Failed or refused, upon demand, to pay over to any
248insurer he or she represents or has represented any money coming
249into his or her hands belonging to the insurer.
250     h.  Violated the provision against twisting as defined in
251s. 626.9541(1)(l).
252     i.  In the conduct of business, engaged in unfair methods
253of competition or in unfair or deceptive acts or practices, as
254prohibited under part IX of this chapter.
255     j.  Willfully overinsured any property insurance risk.
256     k.  Engaged in fraudulent or dishonest practices in the
257conduct of business arising out of activities related to
258insurance or the insurance agency.
259     l.  Demonstrated lack of fitness or trustworthiness to
260engage in the business of insurance arising out of activities
261related to insurance or the insurance agency.
262     m.  Authorized or knowingly allowed individuals to transact
263insurance who were not then licensed as required by this code.
264     5.  Knowingly employed any person who within the preceding
2653 years has had his or her relationship with an agency
266terminated in accordance with paragraph (d).
267     6.  Willfully circumvented the requirements or prohibitions
268of this code.
269     (c)  An agency required to be licensed in accordance with
270paragraph (b) shall remain so licensed for a period of 3 years
271from the date of licensure unless the license is suspended or
272revoked in accordance with law. The department may revoke or
273suspend the agency authority to do business for activities
274occurring during the time the agency is licensed, regardless of
275whether the licensing period has terminated.
276     (d)  Notwithstanding the provisions of this subsection, no
277insurance agency shall be required to apply for an agency
278license if such agency can prove to the department that:
279     1.  The agency is severing its relationship with each
280majority owner, partner, manager, director, officer, or other
281person who managed or controlled such agency and who violated
282any of the provisions of paragraph (b).
283     2.  No such majority owner, partner, manager, director,
284officer, or other person who managed such agency is to be
285affiliated with such agency in any capacity for a period of 3
286years from the date of such severance.
287     Section 9.  Section 626.171, Florida Statutes, is amended
288to read:
289     626.171  Application for license as an agent, customer
290representative, adjuster, service representative, managing
291general agent, or reinsurance intermediary.--
292     (1)  The department shall not issue a license as an agent,
293customer representative, adjuster, insurance agency, service
294representative, managing general agent, or reinsurance
295intermediary to any person except upon written application
296therefor filed with it, qualification therefor, and payment in
297advance of all applicable fees. Any such application shall be
298made under the oath of the applicant and be signed by the
299applicant. Beginning November 1, 2002, The department shall
300accept the uniform application for nonresident agent licensing.
301The department may adopt revised versions of the uniform
302application by rule.
303     (2)  In the application, the applicant shall set forth:
304     (a)  His or her full name, age, social security number,
305residence address, business address, and mailing address.
306     (b)  Proof that he or she has completed or is in the
307process of completing any required prelicensing course.
308     (c)  Whether he or she has been refused or has voluntarily
309surrendered or has had suspended or revoked a license to solicit
310insurance by the department or by the supervising officials of
311any state.
312     (d)  Whether any insurer or any managing general agent
313claims the applicant is indebted under any agency contract or
314otherwise and, if so, the name of the claimant, the nature of
315the claim, and the applicant's defense thereto, if any.
316     (e)  Proof that the applicant meets the requirements for
317the type of license for which he or she is applying.
318     (f)  Such other or additional information as the department
319may deem proper to enable it to determine the character,
320experience, ability, and other qualifications of the applicant
321to hold himself or herself out to the public as an insurance
322representative.
323     (3)  An application for an insurance agency license shall
324be signed by the owner or owners of the agency. If the agency is
325incorporated, the application shall be signed by the president
326and secretary of the corporation.
327     (3)(4)  Each application shall be accompanied by payment of
328any applicable fee.
329     (4)(5)  An application for a license as an agent, customer
330representative, adjuster, insurance agency, service
331representative, managing general agent, or reinsurance
332intermediary must be accompanied by a set of the individual
333applicant's fingerprints, or, if the applicant is not an
334individual, by a set of the fingerprints of the sole proprietor,
335majority owner, partners, officers, and directors, on a form
336adopted by rule of the department and accompanied by the
337fingerprint processing fee set forth in s. 624.501. Fingerprints
338shall be used to investigate the applicant's qualifications
339pursuant to s. 626.201. The fingerprints shall be taken by a law
340enforcement agency or other department-approved entity.
341     (5)(6)  The application for license filing fee prescribed
342in s. 624.501 is not subject to refund.
343     (6)(7)  Pursuant to the federal Personal Responsibility and
344Work Opportunity Reconciliation Act of 1996, each party is
345required to provide his or her social security number in
346accordance with this section. Disclosure of social security
347numbers obtained through this requirement shall be limited to
348the purpose of administration of the Title IV-D program for
349child support enforcement.
350     Section 10.  Section 626.172, Florida Statutes, is amended
351to read:
352     626.172  Application for insurance agency license.--
353     (1)  The department may issue a license as an insurance
354agency to any person only after such person files a written
355application with the department and qualifies for such license.
356If any majority owner, partner, officer, or director of an
357insurance agency:
358     (a)  Has been found guilty of, or has pleaded guilty or
359nolo contendere to, a felony relating to the business of
360insurance in this state or any other state or federal court,
361regardless of whether a judgment of conviction has been entered
362by the court having jurisdiction of such cases; or
363     (b)  Has been denied a license relating to the business of
364insurance, or has had his or her license to practice or conduct
365any regulated profession, business, or vocation relating to the
366business of insurance revoked or suspended, by this or any other
367state, any nation, any possession or district of the United
368States, or any court, or any lawful agency thereof;
369
370the insurance agency and any subsidiary or branch thereof shall
371obtain a license from the department pursuant to this section.
372     (2)  An application for an insurance agency license shall
373be signed by the owner or owners of the agency. If the agency is
374incorporated, the application shall be signed by the president
375and secretary of the corporation. The application for an
376insurance agency license shall include:
377     (a)  The name of each majority owner, partner, officer, and
378director of the insurance agency.
379     (b)  The residence address of each person required to be
380listed in the application under paragraph (a).
381     (c)  The name of the insurance agency and its principal
382business address.
383     (d)  The location of each agency office and the name under
384which each agency office conducts or will conduct business.
385     (e)  The name of each agent to be in full-time charge of an
386agency office and specification of which office.
387     (f)  The fingerprints of each of the following:
388     1.  A sole proprietor.
389     2.  Each partner.
390     3.  Each owner of an unincorporated agency.
391     4.  Each owner who directs or participates in the
392management or control of an incorporated agency whose shares are
393not traded on a securities exchange.
394     5.  The president, senior vice-presidents, treasurer,
395secretary, and directors of the agency.
396     6.  Any other person who directs or participates in the
397management or control of the agency, whether through the
398ownership of voting securities, by contract, or otherwise.
399
400Fingerprints must be taken by a law enforcement agency or other
401entity approved by the department and must be accompanied by the
402fingerprint processing fee specified in s. 624.501. However,
403fingerprints need not be filed for any individual who is
404currently licensed and appointed under this chapter. This
405paragraph does not apply to corporations whose voting shares are
406traded on a securities exchange. The name of any person to whom
407subsection (1) applies.
408     (g)  Such additional information as the department requires
409by promulgated rule to ascertain the trustworthiness and
410competence of persons required to be listed on the application
411and to ascertain that such persons meet the requirements of this
412code. However, the department may not require that credit or
413character reports be submitted for persons required to be listed
414on the application.
415     (h)  Beginning October 1, 2005, the department shall accept
416the uniform application for nonresident agency licensure. The
417department may adopt by rule revised versions of the uniform
418application.
419     (3)  The department shall issue a registration as an
420insurance agency to any agency that files a written application
421with the department and qualifies for registration. The
422application for registration shall require the agency to provide
423the same information required for an agency licensed under
424subsection (2); the agent identification number for each owner
425who is a licensed agent; proof that the agency qualifies for
426registration as provided in s. 626.112(7); and any other
427additional information that the department determines is
428necessary in order to demonstrate that the agency qualifies for
429registration. The application must be signed by the owner or
430owners of the agency. If the agency is incorporated, the
431application must be signed by the president and the secretary of
432the corporation. An agent who owns the agency need not file
433fingerprints with the department if the agent obtained a license
434under this chapter, and the license is currently valid.
435     (a)  If an application for registration is denied, the
436agency must file an application for licensure no later than 30
437days after the date of the denial of registration.
438     (b)  A registered insurance agency must file an application
439for licensure no later than 30 days after the date that any
440person who is not a licensed and appointed agent in this state
441acquires any ownership interest in the agency. If an agency
442fails to file an application for licensure in compliance with
443this paragraph, the department shall impose an administrative
444penalty in an amount of up to $5,000 on the agency.
445     (c)  Sections 626.6115 and 626.6215 do not apply to
446agencies registered under this subsection.
447     (4)  The department shall issue a license or registration
448to each agency upon approval of the application and each agency
449shall display the license or registration prominently in a
450manner that makes it clearly visible to any customer or
451potential customer who enters the agency.
452     Section 11.  Subsection (2) of section 626.221, Florida
453Statutes, is amended to read:
454     626.221  Examination requirement; exemptions.--
455     (2)  However, no such examination shall be necessary in any
456of the following cases:
457     (a)  An applicant for renewal of appointment as an agent,
458customer representative, or adjuster, unless the department
459determines that an examination is necessary to establish the
460competence or trustworthiness of such applicant.
461     (b)  An applicant for limited license as agent for personal
462accident insurance, baggage and motor vehicle excess liability
463insurance, credit life or disability insurance, credit
464insurance, credit property insurance, in-transit and storage
465personal property insurance, or communications equipment
466property insurance or communication equipment inland marine
467insurance.
468     (c)  In the discretion of the department, an applicant for
469reinstatement of license or appointment as an agent, customer
470representative, or adjuster whose license has been suspended
471within 2 years prior to the date of application or written
472request for reinstatement.
473     (d)  An applicant who, within 2 years prior to application
474for license and appointment as an agent, customer
475representative, or adjuster, was a full-time salaried employee
476of the department and had continuously been such an employee
477with responsible insurance duties for not less than 2 years and
478who had been a licensee within 2 years prior to employment by
479the department with the same class of license as that being
480applied for.
481     (e)  An individual who qualified as a managing general
482agent, service representative, customer representative, or all-
483lines adjuster by passing a general lines agent's examination
484and subsequently was licensed and appointed and has been
485actively engaged in all lines of property and casualty insurance
486may, upon filing an application for appointment, be licensed and
487appointed as a general lines agent for the same kinds of
488business without taking another examination if he or she holds
489any such currently effective license referred to in this
490paragraph or held the license within 48 months prior to the date
491of filing the application with the department.
492     (e)(f)  A person who has been licensed and appointed as a
493public adjuster, or independent adjuster, or licensed and
494appointed either as an agent or company adjuster, as to all
495property, casualty, and surety insurances, may be licensed and
496appointed as a company, adjuster as to any of such insurances,
497or as an independent, adjuster or public adjuster, as to such
498kinds of insurance, without additional written examination if an
499application for licensure appointment is filed with the
500department within 48 months following the date of cancellation
501or expiration of the prior appointment.
502     (f)(g)  A person who has been licensed as an adjuster for
503motor vehicle, property and casualty, workers' compensation, and
504health insurance may be licensed as such an adjuster without
505additional written examination if his or her application for
506licensure appointment is filed with the department within 48
507months after cancellation or expiration of the prior license.
508     (g)(h)  An applicant for temporary license, except as
509provided in this code.
510     (h)(i)  An applicant for a life or health license who has
511received the designation of chartered life underwriter (CLU)
512from the American College of Life Underwriters and who has been
513engaged in the insurance business within the past 4 years,
514except that such an individual may be examined on pertinent
515provisions of this code.
516     (i)(j)  An applicant for license as a general lines agent,
517customer representative, or adjuster who has received the
518designation of chartered property and casualty underwriter
519(CPCU) from the American Institute for Property and Liability
520Underwriters and who has been engaged in the insurance business
521within the past 4 years, except that such an individual may be
522examined on pertinent provisions of this code.
523     (j)(k)  An applicant for license as a customer
524representative who has the designation of Accredited Advisor in
525Insurance (AAI) from the Insurance Institute of America, the
526designation of Certified Insurance Counselor (CIC) from the
527Society of Certified Insurance Service Counselors, the
528designation of Accredited Customer Service Representative (ACSR)
529from the Independent Insurance Agents of America, the
530designation of Certified Professional Service Representative
531(CPSR) from the National Foundation for Certified Professional
532Service Representatives, the designation of Certified Insurance
533Service Representative (CISR) from the Society of Certified
534Insurance Service Representatives. Also, an applicant for
535license as a customer representative who has the designation of
536Certified Customer Service Representative (CCSR) from the
537Florida Association of Insurance Agents, or the designation of
538Registered Customer Service Representative (RCSR) from a
539regionally accredited postsecondary institution in this state,
540or the designation of Professional Customer Service
541Representative (PCSR) from the Professional Career Institute,
542whose curriculum has been approved by the department and whose
543curriculum includes comprehensive analysis of basic property and
544casualty lines of insurance and testing at least equal to that
545of standard department testing for the customer representative
546license. The department shall adopt rules establishing standards
547for the approval of curriculum.
548     (k)(l)  An applicant for license as an adjuster who has the
549designation of Accredited Claims Adjuster (ACA) from a
550regionally accredited postsecondary institution in this state,
551or the designation of Professional Claims Adjuster (PCA) from
552the Professional Career Institute, whose curriculum has been
553approved by the department and whose curriculum includes
554comprehensive analysis of basic property and casualty lines of
555insurance and testing at least equal to that of standard
556department testing for the all-lines adjuster license. The
557department shall adopt rules establishing standards for the
558approval of curriculum.
559     (l)(m)  An applicant qualifying for a license transfer
560under s. 626.292, if the applicant:
561     1.  Has successfully completed the prelicensing examination
562requirements in the applicant's previous state which are
563substantially equivalent to the examination requirements in this
564state, as determined by the department;
565     2.  Has received the designation of chartered property and
566casualty underwriter (CPCU) from the American Institute for
567Property and Liability Underwriters and has been engaged in the
568insurance business within the past 4 years if applying to
569transfer a general lines agent license; or
570     3.  Has received the designation of chartered life
571underwriter (CLU) from the American College of Life Underwriters
572and has been engaged in the insurance business within the past 4
573years, if applying to transfer a life or health agent license.
574     (m)(n)  An applicant for a nonresident agent license, if
575the applicant:
576     1.  Has successfully completed prelicensing examination
577requirements in the applicant's home state which are
578substantially equivalent to the examination requirements in this
579state, as determined by the department, as a requirement for
580obtaining a resident license in his or her home state;
581     2.  Held a general lines agent license, life agent license,
582or health agent license prior to the time a written examination
583was required;
584     3.  Has received the designation of chartered property and
585casualty underwriter (CPCU) from the American Institute for
586Property and Liability Underwriters and has been engaged in the
587insurance business within the past 4 years, if an applicant for
588a nonresident license as a general lines agent; or
589     4.  Has received the designation of chartered life
590underwriter (CLU) from the American College of Life Underwriters
591and has been in the insurance business within the past 4 years,
592if an applicant for a nonresident license as a life agent or
593health agent.
594     Section 12.  Paragraphs (a), (b), (c), and (d) of
595subsection (3) of section 626.2815, Florida Statutes, are
596amended to read:
597     626.2815  Continuing education required; application;
598exceptions; requirements; penalties.--
599     (3)(a)  Each person subject to the provisions of this
600section must, except as set forth in paragraphs (b), and (c),
601and (d), complete a minimum of 24 hours of continuing education
602courses every 2 years in basic or higher-level courses
603prescribed by this section or in other courses approved by the
604department. Each person subject to the provisions of this
605section must complete, as part of his or her required number of
606continuing education hours, 3 hours of continuing education,
607approved by the department, every 2 years on the subject matter
608of ethics.
609     (b)  For compliance periods beginning on January 1, 1998, A
610person who has been licensed for a period of 6 or more years
611must complete 20 hours every 2 years in intermediate or
612advanced-level courses prescribed by this section or in other
613courses approved by the department.
614     (c)  A licensee who has been licensed for 25 years or more
615and is a CLU or a CPCU or has a Bachelor of Science degree in
616risk management or insurance with evidence of 18 or more
617semester hours in upper-level insurance-related courses must
618complete 10 12 hours of continuing education courses every 2
619years in courses prescribed by this section or in other courses
620approved by the department, except, for compliance periods
621beginning January 1, 1998, the licensees described in this
622paragraph shall be required to complete 10 hours of continuing
623education courses every 2 years.
624     (d)  Any person who holds a license as a customer
625representative, limited customer representative, title agent,
626motor vehicle physical damage and mechanical breakdown insurance
627agent, crop or hail and multiple-peril crop insurance agent, or
628as an industrial fire insurance or burglary insurance agent and
629who is not a licensed life or health insurance agent, shall be
630required to complete 10 12 hours of continuing education courses
631every 2 years, except, for compliance periods beginning on
632January 1, 1998, each licensee subject to this paragraph shall
633be required to complete 10 hours of continuing education courses
634every 2 years.
635     Section 13.  Paragraph (c) of subsection (2) of section
636626.292, Florida Statutes, is amended to read:
637     626.292  Transfer of license from another state.--
638     (2)  To qualify for a license transfer, an individual
639applicant must meet the following requirements:
640     (c)  The individual shall submit a completed application
641for this state which is received by the department within 90
642days after the date the individual became a resident of this
643state, along with payment of the applicable fees set forth in s.
644624.501 and submission of the following documents:
645     1.  A certification issued by the appropriate official of
646the applicant's home state identifying the type of license and
647lines of authority under the license and stating that, at the
648time the license from the home state was canceled, the applicant
649was in good standing in that state or that the state's Producer
650Database records, maintained by the National Association of
651Insurance Commissioners, its affiliates, or subsidiaries,
652indicate that the agent is or was licensed in good standing for
653the line of authority requested.
654     2.  A set of the individual applicant's fingerprints in
655accordance with s. 626.171(4)(5).
656     Section 14.  Paragraph (d) of subsection (1) and paragraph
657(a) of subsection (2) of section 626.321, Florida Statutes, are
658amended to read:
659     626.321  Limited licenses.--
660     (1)  The department shall issue to a qualified individual,
661or a qualified individual or entity under paragraphs (c), (d),
662(e), and (i), a license as agent authorized to transact a
663limited class of business in any of the following categories:
664     (d)  Baggage and motor vehicle excess liability
665insurance.--
666     1.  License covering only insurance of personal effects
667except as provided in subparagraph 2. The license may be issued
668only:
669     a.  To a full-time salaried employee of a common carrier or
670a full-time salaried employee or owner of a transportation
671ticket agency, which person is engaged in the sale or handling
672of transportation of baggage and personal effects of travelers,
673and may authorize the sale of such insurance only in connection
674with such transportation; or
675     b.  To the full-time salaried employee of a licensed
676general lines agent or to a business entity that offers motor
677vehicles for rent or lease if insurance sales activities
678authorized by the license are in connection with and incidental
679to the rental of a motor vehicle. An entity applying for a
680license under this sub-subparagraph:
681     (I)  Is required to submit only one application for a
682license under s. 626.171. The requirements of s. 626.171(4)(5)
683shall apply only to the officers and directors of the entity
684submitting the application.
685     (II)  Is required to obtain a license for each office,
686branch office, or place of business making use of the entity's
687business name by applying to the department for the license on a
688simplified application form developed by rule of the department
689for this purpose.
690     (III)  Is required to pay the applicable fees for a license
691as prescribed in s. 624.501, be appointed under s. 626.112, and
692pay the prescribed appointment fee under s. 624.501. A licensed
693and appointed entity shall be directly responsible and
694accountable for all acts of the licensee's employees.
695
696The purchaser of baggage insurance shall be provided written
697information disclosing that the insured's homeowner's policy may
698provide coverage for loss of personal effects and that the
699purchase of such insurance is not required in connection with
700the purchase of tickets or in connection with the lease or
701rental of a motor vehicle.
702     2.  A business entity that offers motor vehicles for rent
703or lease, may include lessees under a master contract providing
704coverage to the lessor or may transact excess motor vehicle
705liability insurance providing coverage in excess of the standard
706liability limits provided by the lessor in its lease to a person
707renting or leasing a motor vehicle from the licensee's employer
708for liability arising in connection with the negligent operation
709of the leased or rented motor vehicle, provided that the lease
710or rental agreement is for not more than 30 days; that the
711lessee is not provided coverage for more than 30 consecutive
712days per lease period, and, if the lease is extended beyond 30
713days, the coverage may be extended one time only for a period
714not to exceed an additional 30 days; that the lessee is given
715written notice that his or her personal insurance policy
716providing coverage on an owned motor vehicle may provide
717additional excess coverage; and that the purchase of the
718insurance is not required in connection with the lease or rental
719of a motor vehicle. The excess liability insurance may be
720provided to the lessee as an additional insured on a policy
721issued to the licensee's employer.
722     3.  A business entity that offers motor vehicles for rent
723or lease, may, as an agent of an insurer, transact insurance
724that provides coverage for the liability of the lessee to the
725lessor for damage to the leased or rented motor vehicle if:
726     a.  The lease or rental agreement is for not more than 30
727days; or the lessee is not provided coverage for more than 30
728consecutive days per lease period, but, if the lease is extended
729beyond 30 days, the coverage may be extended one time only for a
730period not to exceed an additional 30 days;
731     b.  The lessee is given written notice that his or her
732personal insurance policy that provides coverage on an owned
733motor vehicle may provide such coverage with or without a
734deductible; and
735     c.  The purchase of the insurance is not required in
736connection with the lease or rental of a motor vehicle.
737     (2)  An entity applying for a license under this section is
738required to:
739     (a)  Submit only one application for a license under s.
740626.171. The requirements of s. 626.171(4)(5) shall only apply
741to the officers and directors of the entity submitting the
742application.
743     Section 15.  Subsections (1) and (2) of section 626.342,
744Florida Statutes, are amended to read:
745     626.342  Furnishing supplies to unlicensed life, health, or
746general lines agent prohibited; civil liability.--
747     (1)  An insurer, a managing general agent, an insurance
748agency, or an agent, directly or through any representative, may
749not furnish to any agent any blank forms, applications,
750stationery, or other supplies to be used in soliciting,
751negotiating, or effecting contracts of insurance on its behalf
752unless such blank forms, applications, stationery, or other
753supplies relate to a class of business with respect to which the
754agent is licensed and appointed, whether for that insurer or
755another insurer.
756     (2)  Any insurer, general agent, insurance agency, or agent
757who furnishes any of the supplies specified in subsection (1) to
758any agent or prospective agent not appointed to represent the
759insurer and who accepts from or writes any insurance business
760for such agent or agency is subject to civil liability to any
761insured of such insurer to the same extent and in the same
762manner as if such agent or prospective agent had been appointed
763or authorized by the insurer or such agent to act in its or his
764or her behalf. The provisions of this subsection do not apply to
765insurance risk apportionment plans under s. 627.351.
766     Section 16.  Section 626.382, Florida Statutes, is amended
767to read:
768     626.382  Continuation, expiration of license; insurance
769agencies.--The license of any insurance agency shall be issued
770for a period of 3 years, subject to the payment of the fees
771prescribed in s. 624.501, and shall continue in force until
772canceled, suspended, revoked, or otherwise terminated. A license
773may be renewed by submitting a renewal request to the department
774on a form adopted by department rule.
775     Section 17.  Subsection (3) of section 626.451, Florida
776Statutes, is amended to read:
777     626.451  Appointment of agent or other representative.--
778     (3)  By authorizing the effectuation of the appointment of
779an agent, adjuster, service representative, customer
780representative, or managing general agent the appointing entity
781is thereby certifying to the department that it is willing to be
782bound by the acts of the agent, adjuster, service
783representative, customer representative, or managing general
784agent, within the scope of the licensee's employment or
785appointment.
786     Section 18.  Section 626.536, Florida Statutes, is amended
787to read:
788     626.536  Reporting of actions.--Each An agent and insurance
789agency shall submit to the department, within 30 days after the
790final disposition of any administrative action taken against the
791agent by a governmental agency in this or any other state or
792jurisdiction relating to the business of insurance, the sale of
793securities, or activity involving fraud, dishonesty,
794trustworthiness, or breach of a fiduciary duty, a copy of the
795order, consent to order, or other relevant legal documents. The
796department may adopt rules implementing the provisions of this
797section.
798     Section 19.  Subsections (1) and (3) of section 626.561,
799Florida Statutes, are amended to read:
800     626.561  Reporting and accounting for funds.--
801     (1)  All premiums, return premiums, or other funds
802belonging to insurers or others received by an agent, insurance
803agency, customer representative, or adjuster in transactions
804under the his or her license are trust funds received by the
805licensee in a fiduciary capacity. An agent or insurance agency
806shall keep the funds belonging to each insurer for which an
807agent he or she is not appointed, other than a surplus lines
808insurer, in a separate account so as to allow the department or
809office to properly audit such funds. The licensee in the
810applicable regular course of business shall account for and pay
811the same to the insurer, insured, or other person entitled
812thereto.
813     (3)  Any agent, insurance agency, customer representative,
814or adjuster who, not being lawfully entitled thereto, either
815temporarily or permanently diverts or misappropriates such funds
816or any portion thereof or deprives the other person of a benefit
817therefrom commits the offense specified below:
818     (a)  If the funds diverted or misappropriated are $300 or
819less, a misdemeanor of the first degree, punishable as provided
820in s. 775.082 or s. 775.083.
821     (b)  If the funds diverted or misappropriated are more than
822$300, but less than $20,000, a felony of the third degree,
823punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
824     (c)  If the funds diverted or misappropriated are $20,000
825or more, but less than $100,000, a felony of the second degree,
826punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
827     (d)  If the funds diverted or misappropriated are $100,000
828or more, a felony of the first degree, punishable as provided in
829s. 775.082, s. 775.083, or s. 775.084.
830     Section 20.  Subsections (1) and (2) of section 626.572,
831Florida Statutes, are amended to read:
832     626.572  Rebating; when allowed.--
833     (1)  No insurance agency or agent shall rebate any portion
834of a his or her commission except as follows:
835     (a)  The rebate shall be available to all insureds in the
836same actuarial class.
837     (b)  The rebate shall be in accordance with a rebating
838schedule filed by the agent with the insurer issuing the policy
839to which the rebate applies.
840     (c)  The rebating schedule shall be uniformly applied in
841that all insureds who purchase the same policy through the agent
842for the same amount of insurance receive the same percentage
843rebate.
844     (d)  Rebates shall not be given to an insured with respect
845to a policy purchased from an insurer that prohibits its agents
846from rebating commissions.
847     (e)  The rebate schedule is prominently displayed in public
848view in the agent's place of doing business and a copy is
849available to insureds on request at no charge.
850     (f)  The age, sex, place of residence, race, nationality,
851ethnic origin, marital status, or occupation of the insured or
852location of the risk is not utilized in determining the
853percentage of the rebate or whether a rebate is available.
854     (2)  The insurance agency or agent shall maintain a copy of
855all rebate schedules for the most recent 5 years and their
856effective dates.
857     Section 21.  Subsection (1) of section 626.601, Florida
858Statutes, is amended to read:
859     626.601  Improper conduct; inquiry; fingerprinting.--
860     (1)  The department or office may, upon its own motion or
861upon a written complaint signed by any interested person and
862filed with the department or office, inquire into any alleged
863improper conduct of any licensed insurance agency, agent,
864adjuster, service representative, managing general agent,
865customer representative, title insurance agent, title insurance
866agency, continuing education course provider, instructor, school
867official, or monitor group under this code. The department or
868office may thereafter initiate an investigation of any such
869licensee if it has reasonable cause to believe that the licensee
870has violated any provision of the insurance code. During the
871course of its investigation, the department or office shall
872contact the licensee being investigated unless it determines
873that contacting such person could jeopardize the successful
874completion of the investigation or cause injury to the public.
875     Section 22.  Section 626.602, Florida Statutes, is created
876to read:
877     626.602  Insurance agency names; disapproval.--The
878department may disapprove the use of any true or fictitious
879name, other than the bona fide natural name of an individual, by
880any insurance agency on any of the following grounds:
881     (1)  The name is an interference with or is too similar to
882a name already filed and in use by another agency or insurer;
883     (2)  The use of the name may mislead the public in any
884respect; or
885     (3)  The name states or implies that the agency is an
886insurer, motor club, hospital service plan, state or federal
887agency, charitable organization, or entity that primarily
888provides advice and counsel rather than sells or solicits
889insurance, or is entitled to engage in insurance activities not
890permitted under licenses held or applied for. This provision
891does not prohibit the use of the word "state" or "states" in the
892name of the agency and the use of such words in the name of the
893agency does not imply that the agency is a state agency.
894     Section 23.  Section 626.6115, Florida Statutes, is amended
895to read:
896     626.6115  Grounds for compulsory refusal, suspension, or
897revocation of insurance agency license.--The department shall
898deny, suspend, revoke, or refuse to continue the license of any
899insurance agency if it finds, as to any insurance agency or as
900to any majority owner, partner, manager, director, officer, or
901other person who manages or controls such agency, that any
902either one or both of the following applicable grounds exist:
903     (1)  Lack by the agency of one or more of the
904qualifications for the license as specified in this code.
905     (2)  Material misstatement, misrepresentation, or fraud in
906obtaining the license or in attempting to obtain the license.
907     (3)  Denial, suspension, or revocation of a license to
908practice or conduct any regulated profession, business, or
909vocation relating to the business of insurance by this state,
910any other state, any nation, any possession or district of the
911United States, any court, or any lawful agency thereof. However,
912the existence of grounds for administrative action against a
913licensed agency does not constitute grounds for action against
914any other licensed agency, including an agency that owns, is
915under common ownership with, or is owned by, in whole or in
916part, the agency for which grounds for administrative action
917exist.
918     Section 24.  Subsection (6) of section 626.621, Florida
919Statutes, is amended to read:
920     626.621  Grounds for discretionary refusal, suspension, or
921revocation of agent's, adjuster's, customer representative's,
922service representative's, or managing general agent's license or
923appointment.--The department may, in its discretion, deny an
924application for, suspend, revoke, or refuse to renew or continue
925the license or appointment of any applicant, agent, adjuster,
926customer representative, service representative, or managing
927general agent, and it may suspend or revoke the eligibility to
928hold a license or appointment of any such person, if it finds
929that as to the applicant, licensee, or appointee any one or more
930of the following applicable grounds exist under circumstances
931for which such denial, suspension, revocation, or refusal is not
932mandatory under s. 626.611:
933     (6)  In the conduct of business under the license or
934appointment, engaging in unfair methods of competition or in
935unfair or deceptive acts or practices, as prohibited under part
936IX of this chapter, or having otherwise shown himself or herself
937to be a source of injury or loss to the public or detrimental to
938the public interest.
939     Section 25.  Subsection (6) is added to section 626.6215,
940Florida Statutes, to read:
941     626.6215  Grounds for discretionary refusal, suspension, or
942revocation of insurance agency license.--The department may, in
943its discretion, deny, suspend, revoke, or refuse to continue the
944license of any insurance agency if it finds, as to any insurance
945agency or as to any majority owner, partner, manager, director,
946officer, or other person who manages or controls such insurance
947agency, that any one or more of the following applicable grounds
948exist:
949     (6)  Failure to take corrective action or report a
950violation to the department within 30 days after an individual
951licensee's violation is known or should have been known by one
952or more of the partners, officers, or managers acting on behalf
953of the agency. However, the existence of grounds for
954administrative action against a licensed agency does not
955constitute grounds for action against any other licensed agency,
956including an agency that owns, is under common ownership with,
957or is owned by, in whole or in part, the agency for which
958grounds for administrative action exist.
959     Section 26.  Subsections (1) and (2) of section 626.641,
960Florida Statutes, are amended to read:
961     626.641  Duration of suspension or revocation.--
962     (1)  The department shall, in its order suspending a
963license or appointment or in its order suspending the
964eligibility of a person to hold or apply for such license or
965appointment, specify the period during which the suspension is
966to be in effect; but such period shall not exceed 2 years. The
967license, appointment, or eligibility shall remain suspended
968during the period so specified, subject, however, to any
969rescission or modification of the order by the department, or
970modification or reversal thereof by the court, prior to
971expiration of the suspension period. A license, appointment, or
972eligibility which has been suspended shall not be reinstated
973except upon request for such reinstatement and, in the case of a
974second suspension, completion of continuing education courses
975prescribed and approved by the department or office; but the
976department shall not grant such reinstatement if it finds that
977the circumstance or circumstances for which the license,
978appointment, or eligibility was suspended still exist or are
979likely to recur. In addition, a request for reinstatement is
980subject to denial and subject to a waiting period prior to
981approval on the same grounds that apply to applications for
982licensure pursuant to ss. 626.207, 626.611, and 626.621.
983     (2)  No person or appointee under any license or
984appointment revoked by the department, nor any person whose
985eligibility to hold same has been revoked by the department,
986shall have the right to apply for another license or appointment
987under this code within 2 years from the effective date of such
988revocation or, if judicial review of such revocation is sought,
989within 2 years from the date of final court order or decree
990affirming the revocation. An applicant for another license or
991appointment pursuant to this subsection must apply and qualify
992for licensure and appointment in the same manner as a first-time
993applicant, and the application may be denied on the same grounds
994that apply to first-time applicants for licensure pursuant to
995ss. 626.207, 626.611, and 626.621. In addition, the department
996shall not, however, grant a new license or appointment or
997reinstate eligibility to hold such license or appointment if it
998finds that the circumstance or circumstances for which the
999eligibility was revoked or for which the previous license or
1000appointment was revoked still exist or are likely to recur; if
1001an individual's license as agent or customer representative or
1002eligibility to hold same has been revoked upon the ground
1003specified in s. 626.611(12), the department shall refuse to
1004grant or issue any new license or appointment so applied for.
1005     Section 27.  Subsection (1) of section 626.7351, Florida
1006Statutes, is amended to read:
1007     626.7351  Qualifications for customer representative's
1008license.--The department shall not grant or issue a license as
1009customer representative to any individual found by it to be
1010untrustworthy or incompetent, or who does not meet each of the
1011following qualifications:
1012     (1)  The applicant is a natural person who is at least 18
1013years of age.
1014     Section 28.  Subsection (2) of section 626.7355, Florida
1015Statutes, is amended to read:
1016     626.7355  Temporary license as customer representative
1017pending examination.--
1018     (2)  There must be no more than one temporary customer
1019representative licensee in the general lines agency location
1020where the temporary licensee is housed and the temporary
1021licensee shall be housed wholly and completely within the actual
1022confines of the office of the agent or agency whom he or she
1023represents. Such agency must be in compliance with the
1024provisions of s. 626.592, commonly referred to as the Primary
1025Agent Law, for the most recent reporting period. No such
1026temporary licensee may be employed from any location except
1027where his or her designated supervising general lines agent
1028spends his or her full time. No general lines agency location
1029may employ more than two temporary customer representative
1030licensees in one calendar year.
1031     Section 29.  Subsection (1) of section 626.747, Florida
1032Statutes, is amended to read:
1033     626.747  Branch agencies.--
1034     (1)  Each branch place of business established by an agent
1035or agency, firm, corporation, or association shall be in the
1036active full-time charge of a licensed general lines agent who is
1037appointed to represent one or more insurers. Any agent or
1038agency, firm, corporation, or association which has established
1039one or more branch places of business shall be required to have
1040at least one licensed general lines agent or life or health
1041agent who is appointed to represent one or more insurers at each
1042location of the agency, including its headquarters location.
1043     Section 30.  Paragraph (d) of subsection (2) of section
1044626.8411, Florida Statutes, is amended to read:
1045     626.8411  Application of Florida Insurance Code provisions
1046to title insurance agents or agencies.--
1047     (2)  The following provisions of part I do not apply to
1048title insurance agents or title insurance agencies:
1049     (d)  Section 626.592, relating to primary agents.
1050     Section 31.  Section 626.8420, Florida Statutes, is created
1051to read:
1052     626.8420  Nonresident title insurance
1053agents.--Notwithstanding s. 626.8414(2), the department, upon
1054application and payment of the fees specified in s. 624.501, may
1055issue a license as a nonresident title insurance agent to an
1056individual not a resident of this state in the same manner
1057applicable to the licensure of nonresident general lines agents
1058under the provisions of s. 626.741. Sections 626.742 and 626.743
1059shall apply to nonresident title insurance agents.
1060     Section 32.  Subsection (2) of section 648.50, Florida
1061Statutes, is amended to read:
1062     648.50  Effect of suspension, revocation upon associated
1063licenses and licensees.--
1064     (2)  In case of the suspension or revocation of the license
1065or appointment, or the eligibility to hold a license or
1066appointment, of any bail bond agent, the license, appointment,
1067or eligibility of any and all bail bond agents who are members
1068of a bail bond agency, whether incorporated or unincorporated,
1069and any and all temporary bail bond agents or runners employed
1070by such bail bond agency, who knowingly are parties to the act
1071which formed the ground for the suspension or revocation may
1072likewise be suspended or revoked.
1073     Section 33.  Section 626.592, Florida Statutes, is
1074repealed.
1075     Section 34.  This act shall take effect October 1, 2005.


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