| 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 agents and agencies; creating |
| 7 | s. 624.1275, F.S.; proscribing state agencies and |
| 8 | political subdivisions from prohibiting or excluding |
| 9 | licensed insurance agents from competing or negotiating |
| 10 | for certain insurance products or plans; providing a |
| 11 | definition; amending s. 624.317, F.S.; including insurance |
| 12 | agencies among entities the Department of Financial |
| 13 | Services is authorized to investigate; amending s. |
| 14 | 624.318, F.S.; authorizing the department or the Office of |
| 15 | Insurance Regulation to electronically scan certain |
| 16 | information for certain purposes; providing application; |
| 17 | amending s. 624.501, F.S.; clarifying a license fee; |
| 18 | amending s. 626.015, F.S.; revising definitions; amending |
| 19 | s. 626.016, F.S.; including insurance agencies among |
| 20 | entities subject to regulation by the Chief Financial |
| 21 | Officer; amending s. 626.025, F.S.; correcting cross |
| 22 | references; amending s. 626.112, F.S.; delaying the |
| 23 | effective date by which agencies must obtain a license; |
| 24 | providing that an agency may file for registration in lieu |
| 25 | of licensure under specified conditions; imposing a fine |
| 26 | on any agency that fails to timely apply for licensure or |
| 27 | registration; deleting certain agency licensure |
| 28 | requirement provisions; amending s. 626.171, F.S.; |
| 29 | specifying licensure and registration application |
| 30 | requirements for insurance entities other than insurance |
| 31 | agencies; deleting a provision applying to insurance |
| 32 | agency license application requirements; amending s. |
| 33 | 626.172, F.S.; revising insurance agency licensure |
| 34 | application requirements; providing procedures and |
| 35 | limitations; providing duties of the department; amending |
| 36 | s. 626.221, F.S.; revising exceptions to certain |
| 37 | examination requirements; amending s. 626.2815, F.S.; |
| 38 | revising certain continuing education requirements; |
| 39 | amending ss. 626.292 and 626.321, F.S.; correcting cross |
| 40 | references, to conform; amending s. 626.342, F.S.; |
| 41 | including insurance agencies under provisions prohibiting |
| 42 | furnishing supplies to certain unlicensed agents and |
| 43 | imposing civil liability under certain circumstances; |
| 44 | amending s. 626.382, F.S.; providing for renewal of |
| 45 | licenses; amending s. 626.451, F.S.; clarifying |
| 46 | application of a provision relating to authorizing |
| 47 | effectuation of certain appointments; amending s. 626.536, |
| 48 | F.S.; including insurance agencies under an action |
| 49 | reporting requirement; amending s. 626.561, F.S.; |
| 50 | including insurance agencies under provisions providing |
| 51 | funds reporting and accounting requirements and imposing |
| 52 | criminal penalties; amending s. 626.572, F.S.; including |
| 53 | insurance agencies under provisions prohibiting rebating |
| 54 | under certain circumstances; amending s. 626.601, F.S.; |
| 55 | including insurance agencies under provisions authorizing |
| 56 | the department to inquire into improper conduct; creating |
| 57 | s. 626.602, F.S.; authorizing the department to disapprove |
| 58 | the use of certain names under certain circumstances; |
| 59 | providing construction; amending s. 626.6115, F.S.; |
| 60 | providing an additional ground for the department to take |
| 61 | compulsory adverse insurance agency license actions; |
| 62 | providing that the existence of grounds for adverse action |
| 63 | against a licensed agency does not constitute grounds for |
| 64 | adverse action against another licensed agency; amending |
| 65 | s. 626.621, F.S.; clarifying a ground for certain adverse |
| 66 | actions against certain licenses or appointments; amending |
| 67 | s. 626.6215, F.S.; providing an additional ground for the |
| 68 | department to take discretionary adverse insurance agency |
| 69 | license actions; providing that the existence of grounds |
| 70 | for adverse action against a licensed agency does not |
| 71 | constitute grounds for adverse action against another |
| 72 | licensed agency; amending s. 626.641, F.S.; specifying |
| 73 | requests for reinstatements that are subject to denial and |
| 74 | certain waiting periods; requiring applicants for |
| 75 | additional licenses or appointments to apply and qualify; |
| 76 | providing for denial of such applications; amending s. |
| 77 | 626.747, F.S.; revising agent requirements for branch |
| 78 | agencies to include life or health agents; amending s. |
| 79 | 626.7351, F.S.; specifying an age requirement for |
| 80 | applicants for a customer representative's license; |
| 81 | amending ss. 626.7355 and 626.8411, F.S.; deleting cross |
| 82 | references, to conform; creating s. 626.8420, F.S.; |
| 83 | authorizing the department to issue a nonresident title |
| 84 | insurance agent license under certain circumstances; |
| 85 | providing application; amending s. 648.50, F.S.; |
| 86 | clarifying a provision relating to adverse actions against |
| 87 | licenses and appointments; repealing s. 626.592, F.S., |
| 88 | relating to primary agents; providing an effective date. |
| 89 |
|
| 90 | Be It Enacted by the Legislature of the State of Florida: |
| 91 |
|
| 92 | Section 1. Section 624.1275, Florida Statutes, is created |
| 93 | to read: |
| 94 | 624.1275 Insurance agents; prohibited exclusion from |
| 95 | public bidding and negotiations.--A licensed insurance agent may |
| 96 | not be prohibited or excluded from competing or negotiating for |
| 97 | any insurance product or plan purchased, provided, or endorsed |
| 98 | by a state agency or any political subdivision of this state on |
| 99 | the basis of the compensation or contractual or employment |
| 100 | arrangement granted to the agent by an employer, insurer, or |
| 101 | licensed agency. The term "political subdivision" has the same |
| 102 | meaning set forth in s. 1.01. |
| 103 | Section 2. Subsection (1) of section 624.317, Florida |
| 104 | Statutes, is amended to read: |
| 105 | 624.317 Investigation of agents, agencies, adjusters, |
| 106 | administrators, service companies, and others.--If it has reason |
| 107 | to believe that any person has violated or is violating any |
| 108 | provision of this code, or upon the written complaint signed by |
| 109 | any interested person indicating that any such violation may |
| 110 | exist: |
| 111 | (1) The department shall conduct such investigation as it |
| 112 | deems necessary of the accounts, records, documents, and |
| 113 | transactions pertaining to or affecting the insurance affairs of |
| 114 | any general agent, surplus lines agent, adjuster, managing |
| 115 | general agent, insurance agent, insurance agency, customer |
| 116 | representative, service representative, or other person subject |
| 117 | to its jurisdiction, subject to the requirements of s. 626.601. |
| 118 | Section 3. Subsection (7) is added to section 624.318, |
| 119 | Florida Statutes, to read: |
| 120 | 624.318 Conduct of examination or investigation; access to |
| 121 | records; correction of accounts; appraisals.-- |
| 122 | (7)(a) The department or office or its examiners or |
| 123 | investigators may electronically scan accounts, records, |
| 124 | documents, files, and information, relating to the subject of |
| 125 | the examination or investigation, in the possession or control |
| 126 | of the person being examined or investigated. |
| 127 | (b) The provisions of this subsection are applicable to |
| 128 | all investigations and examinations authorized by any provision |
| 129 | of the Florida Insurance Code. |
| 130 | Section 4. Subsection (20) of section 624.501, Florida |
| 131 | Statutes, is amended to read: |
| 132 | 624.501 Filing, license, appointment, and miscellaneous |
| 133 | fees.--The department, commission, or office, as appropriate, |
| 134 | shall collect in advance, and persons so served shall pay to it |
| 135 | in advance, fees, licenses, and miscellaneous charges as |
| 136 | follows: |
| 137 | (20) Insurance agency or Adjusting firm, original or |
| 138 | renewal 3-year license....$60.00 |
| 139 | Section 5. Subsections (7) and (16) of section 626.015, |
| 140 | Florida 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 |
| 143 | state or territory of the United States in which an insurance |
| 144 | agent maintains his or her principal place of residence or |
| 145 | principal place of business and is licensed to act as an |
| 146 | insurance agent. |
| 147 | (16) "Resident" means an individual whose home state is |
| 148 | the State of Florida domiciled and residing in this state. |
| 149 | Section 6. Subsection (1) of section 626.016, Florida |
| 150 | Statutes, is amended to read: |
| 151 | 626.016 Powers and duties of department, commission, and |
| 152 | office.-- |
| 153 | (1) The powers and duties of the Chief Financial Officer |
| 154 | and the department specified in this part apply only with |
| 155 | respect to insurance agents, insurance agencies, managing |
| 156 | general agents, insurance adjusters, reinsurance intermediaries, |
| 157 | viatical settlement brokers, customer representatives, service |
| 158 | representatives, and agencies. |
| 159 | Section 7. Subsections (7) and (12) of section 626.025, |
| 160 | Florida Statutes, are amended, and subsections (13), (14), and |
| 161 | (15) of said section are renumbered as subsections (12), (13), |
| 162 | and (14), respectively, to read: |
| 163 | 626.025 Consumer protections.--To transact insurance, |
| 164 | agents shall comply with consumer protection laws, including the |
| 165 | following, as applicable: |
| 166 | (7) Required licensure or registration of certain |
| 167 | insurance agencies under s. 626.112 626.172. |
| 168 | (12) Designation of a primary agent by an insurance agency |
| 169 | under s. 626.592. |
| 170 | Section 8. Subsection (7) of section 626.112, Florida |
| 171 | Statutes, is amended to read: |
| 172 | 626.112 License and appointment required; agents, customer |
| 173 | representatives, adjusters, insurance agencies, service |
| 174 | representatives, managing general agents.-- |
| 175 | (7)(a) Effective October 1, 2006, no individual, firm, |
| 176 | partnership, corporation, association, or any other entity shall |
| 177 | act in its own name or under a trade name, directly or |
| 178 | indirectly, as an insurance agency, when required to be licensed |
| 179 | by this subsection, unless it complies with s. 626.172 with |
| 180 | respect to possessing an insurance agency license for each place |
| 181 | of business at which it engages in any activity which may be |
| 182 | performed only by a licensed insurance agent. Each agency |
| 183 | engaged in business in this state before January 1, 2003, which |
| 184 | is wholly owned by insurance agents currently licensed and |
| 185 | appointed under this chapter, each incorporated agency whose |
| 186 | voting shares are traded on a securities exchange, and each |
| 187 | agency whose primary function is offering insurance as a service |
| 188 | or member benefit to members of a nonprofit corporation may file |
| 189 | an application for registration in lieu of licensure in |
| 190 | accordance with s. 626.172(3). Each agency engaged in business |
| 191 | before October 1, 2006, shall file an application for licensure |
| 192 | or registration on or before October 1, 2006. |
| 193 | 1. If an agency is required to be licensed but fails to |
| 194 | file an application for licensure in accordance with this |
| 195 | section, the department shall impose on the agency an |
| 196 | administrative penalty in an amount of up to $10,000. |
| 197 | 2. If an agency is eligible for registration but fails to |
| 198 | file an application for registration or an application for |
| 199 | licensure in accordance with this section, the department shall |
| 200 | impose on the agency an administrative penalty in an amount of |
| 201 | up to $5,000. |
| 202 | (b) A registered An insurance agency shall, as a condition |
| 203 | precedent to continuing business, obtain an insurance agency |
| 204 | license if the department finds that, with respect to any |
| 205 | majority owner, partner, manager, director, officer, or other |
| 206 | person who manages or controls the agency, any person has, |
| 207 | subsequent to the effective date of this act: |
| 208 | 1. Been found guilty of, or has pleaded guilty or nolo |
| 209 | contendere to, a felony in this state or any other state |
| 210 | relating to the business of insurance or to an insurance agency, |
| 211 | without regard to whether a judgment of conviction has been |
| 212 | entered by the court having jurisdiction of the cases. |
| 213 | 2. Employed any individual in a managerial capacity or in |
| 214 | a capacity dealing with the public who is under an order of |
| 215 | revocation or suspension issued by the department. An insurance |
| 216 | agency may request, on forms prescribed by the department, |
| 217 | verification of any person's license status. If a request is |
| 218 | mailed within 5 working days after an employee is hired, and the |
| 219 | employee's license is currently suspended or revoked, the agency |
| 220 | shall not be required to obtain a license, if the unlicensed |
| 221 | person's employment is immediately terminated. |
| 222 | 3. Operated the agency or permitted the agency to be |
| 223 | operated in violation of s. 626.747. |
| 224 | 4. With such frequency as to have made the operation of |
| 225 | the agency hazardous to the insurance-buying public or other |
| 226 | persons: |
| 227 | a. Solicited or handled controlled business. This |
| 228 | subparagraph shall not prohibit the licensing of any lending or |
| 229 | financing institution or creditor, with respect to insurance |
| 230 | only, under credit life or disability insurance policies of |
| 231 | borrowers from the institutions, which policies are subject to |
| 232 | part IX of chapter 627. |
| 233 | b. Misappropriated, converted, or unlawfully withheld |
| 234 | moneys belonging to insurers, insureds, beneficiaries, or others |
| 235 | and received in the conduct of business under the license. |
| 236 | c. Unlawfully rebated, attempted to unlawfully rebate, or |
| 237 | unlawfully divided or offered to divide commissions with |
| 238 | another. |
| 239 | d. Misrepresented any insurance policy or annuity |
| 240 | contract, or used deception with regard to any policy or |
| 241 | contract, done either in person or by any form of dissemination |
| 242 | of information or advertising. |
| 243 | e. Violated any provision of this code or any other law |
| 244 | applicable to the business of insurance in the course of dealing |
| 245 | under 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 |
| 248 | insurer he or she represents or has represented any money coming |
| 249 | into his or her hands belonging to the insurer. |
| 250 | h. Violated the provision against twisting as defined in |
| 251 | s. 626.9541(1)(l). |
| 252 | i. In the conduct of business, engaged in unfair methods |
| 253 | of competition or in unfair or deceptive acts or practices, as |
| 254 | prohibited under part IX of this chapter. |
| 255 | j. Willfully overinsured any property insurance risk. |
| 256 | k. Engaged in fraudulent or dishonest practices in the |
| 257 | conduct of business arising out of activities related to |
| 258 | insurance or the insurance agency. |
| 259 | l. Demonstrated lack of fitness or trustworthiness to |
| 260 | engage in the business of insurance arising out of activities |
| 261 | related to insurance or the insurance agency. |
| 262 | m. Authorized or knowingly allowed individuals to transact |
| 263 | insurance who were not then licensed as required by this code. |
| 264 | 5. Knowingly employed any person who within the preceding |
| 265 | 3 years has had his or her relationship with an agency |
| 266 | terminated in accordance with paragraph (d). |
| 267 | 6. Willfully circumvented the requirements or prohibitions |
| 268 | of this code. |
| 269 | (c) An agency required to be licensed in accordance with |
| 270 | paragraph (b) shall remain so licensed for a period of 3 years |
| 271 | from the date of licensure unless the license is suspended or |
| 272 | revoked in accordance with law. The department may revoke or |
| 273 | suspend the agency authority to do business for activities |
| 274 | occurring during the time the agency is licensed, regardless of |
| 275 | whether the licensing period has terminated. |
| 276 | (d) Notwithstanding the provisions of this subsection, no |
| 277 | insurance agency shall be required to apply for an agency |
| 278 | license if such agency can prove to the department that: |
| 279 | 1. The agency is severing its relationship with each |
| 280 | majority owner, partner, manager, director, officer, or other |
| 281 | person who managed or controlled such agency and who violated |
| 282 | any of the provisions of paragraph (b). |
| 283 | 2. No such majority owner, partner, manager, director, |
| 284 | officer, or other person who managed such agency is to be |
| 285 | affiliated with such agency in any capacity for a period of 3 |
| 286 | years from the date of such severance. |
| 287 | Section 9. Section 626.171, Florida Statutes, is amended |
| 288 | to read: |
| 289 | 626.171 Application for license as an agent, customer |
| 290 | representative, adjuster, service representative, managing |
| 291 | general agent, or reinsurance intermediary.-- |
| 292 | (1) The department shall not issue a license as an agent, |
| 293 | customer representative, adjuster, insurance agency, service |
| 294 | representative, managing general agent, or reinsurance |
| 295 | intermediary to any person except upon written application |
| 296 | therefor filed with it, qualification therefor, and payment in |
| 297 | advance of all applicable fees. Any such application shall be |
| 298 | made under the oath of the applicant and be signed by the |
| 299 | applicant. Beginning November 1, 2002, The department shall |
| 300 | accept the uniform application for nonresident agent licensing. |
| 301 | The department may adopt revised versions of the uniform |
| 302 | application by rule. |
| 303 | (2) In the application, the applicant shall set forth: |
| 304 | (a) His or her full name, age, social security number, |
| 305 | residence address, business address, and mailing address. |
| 306 | (b) Proof that he or she has completed or is in the |
| 307 | process of completing any required prelicensing course. |
| 308 | (c) Whether he or she has been refused or has voluntarily |
| 309 | surrendered or has had suspended or revoked a license to solicit |
| 310 | insurance by the department or by the supervising officials of |
| 311 | any state. |
| 312 | (d) Whether any insurer or any managing general agent |
| 313 | claims the applicant is indebted under any agency contract or |
| 314 | otherwise and, if so, the name of the claimant, the nature of |
| 315 | the claim, and the applicant's defense thereto, if any. |
| 316 | (e) Proof that the applicant meets the requirements for |
| 317 | the type of license for which he or she is applying. |
| 318 | (f) Such other or additional information as the department |
| 319 | may deem proper to enable it to determine the character, |
| 320 | experience, ability, and other qualifications of the applicant |
| 321 | to hold himself or herself out to the public as an insurance |
| 322 | representative. |
| 323 | (3) An application for an insurance agency license shall |
| 324 | be signed by the owner or owners of the agency. If the agency is |
| 325 | incorporated, the application shall be signed by the president |
| 326 | and secretary of the corporation. |
| 327 | (3)(4) Each application shall be accompanied by payment of |
| 328 | any applicable fee. |
| 329 | (4)(5) An application for a license as an agent, customer |
| 330 | representative, adjuster, insurance agency, service |
| 331 | representative, managing general agent, or reinsurance |
| 332 | intermediary must be accompanied by a set of the individual |
| 333 | applicant's fingerprints, or, if the applicant is not an |
| 334 | individual, by a set of the fingerprints of the sole proprietor, |
| 335 | majority owner, partners, officers, and directors, on a form |
| 336 | adopted by rule of the department and accompanied by the |
| 337 | fingerprint processing fee set forth in s. 624.501. Fingerprints |
| 338 | shall be used to investigate the applicant's qualifications |
| 339 | pursuant to s. 626.201. The fingerprints shall be taken by a law |
| 340 | enforcement agency or other department-approved entity. |
| 341 | (5)(6) The application for license filing fee prescribed |
| 342 | in s. 624.501 is not subject to refund. |
| 343 | (6)(7) Pursuant to the federal Personal Responsibility and |
| 344 | Work Opportunity Reconciliation Act of 1996, each party is |
| 345 | required to provide his or her social security number in |
| 346 | accordance with this section. Disclosure of social security |
| 347 | numbers obtained through this requirement shall be limited to |
| 348 | the purpose of administration of the Title IV-D program for |
| 349 | child support enforcement. |
| 350 | Section 10. Section 626.172, Florida Statutes, is amended |
| 351 | to read: |
| 352 | 626.172 Application for insurance agency license.-- |
| 353 | (1) The department may issue a license as an insurance |
| 354 | agency to any person only after such person files a written |
| 355 | application with the department and qualifies for such license. |
| 356 | If any majority owner, partner, officer, or director of an |
| 357 | insurance agency: |
| 358 | (a) Has been found guilty of, or has pleaded guilty or |
| 359 | nolo contendere to, a felony relating to the business of |
| 360 | insurance in this state or any other state or federal court, |
| 361 | regardless of whether a judgment of conviction has been entered |
| 362 | by the court having jurisdiction of such cases; or |
| 363 | (b) Has been denied a license relating to the business of |
| 364 | insurance, or has had his or her license to practice or conduct |
| 365 | any regulated profession, business, or vocation relating to the |
| 366 | business of insurance revoked or suspended, by this or any other |
| 367 | state, any nation, any possession or district of the United |
| 368 | States, or any court, or any lawful agency thereof; |
| 369 |
|
| 370 | the insurance agency and any subsidiary or branch thereof shall |
| 371 | obtain a license from the department pursuant to this section. |
| 372 | (2) An application for an insurance agency license shall |
| 373 | be signed by the owner or owners of the agency. If the agency is |
| 374 | incorporated, the application shall be signed by the president |
| 375 | and secretary of the corporation. The application for an |
| 376 | insurance agency license shall include: |
| 377 | (a) The name of each majority owner, partner, officer, and |
| 378 | director of the insurance agency. |
| 379 | (b) The residence address of each person required to be |
| 380 | listed in the application under paragraph (a). |
| 381 | (c) The name of the insurance agency and its principal |
| 382 | business address. |
| 383 | (d) The location of each agency office and the name under |
| 384 | which each agency office conducts or will conduct business. |
| 385 | (e) The name of each agent to be in full-time charge of an |
| 386 | agency 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 |
| 392 | management or control of an incorporated agency whose shares are |
| 393 | not traded on a securities exchange. |
| 394 | 5. The president, senior vice-presidents, treasurer, |
| 395 | secretary, and directors of the agency. |
| 396 | 6. Any other person who directs or participates in the |
| 397 | management or control of the agency, whether through the |
| 398 | ownership of voting securities, by contract, or otherwise. |
| 399 |
|
| 400 | Fingerprints must be taken by a law enforcement agency or other |
| 401 | entity approved by the department and must be accompanied by the |
| 402 | fingerprint processing fee specified in s. 624.501. However, |
| 403 | fingerprints need not be filed for any individual who is |
| 404 | currently licensed and appointed under this chapter. This |
| 405 | paragraph does not apply to corporations whose voting shares are |
| 406 | traded on a securities exchange. The name of any person to whom |
| 407 | subsection (1) applies. |
| 408 | (g) Such additional information as the department requires |
| 409 | by promulgated rule to ascertain the trustworthiness and |
| 410 | competence of persons required to be listed on the application |
| 411 | and to ascertain that such persons meet the requirements of this |
| 412 | code. However, the department may not require that credit or |
| 413 | character reports be submitted for persons required to be listed |
| 414 | on the application. |
| 415 | (h) Beginning October 1, 2005, the department shall accept |
| 416 | the uniform application for nonresident agency licensure. The |
| 417 | department may adopt by rule revised versions of the uniform |
| 418 | application. |
| 419 | (3) The department shall issue a registration as an |
| 420 | insurance agency to any agency that files a written application |
| 421 | with the department and qualifies for registration. The |
| 422 | application for registration shall require the agency to provide |
| 423 | the same information required for an agency licensed under |
| 424 | subsection (2); the agent identification number for each owner |
| 425 | who is a licensed agent; proof that the agency qualifies for |
| 426 | registration as provided in s. 626.112(7); and any other |
| 427 | additional information that the department determines is |
| 428 | necessary in order to demonstrate that the agency qualifies for |
| 429 | registration. The application must be signed by the owner or |
| 430 | owners of the agency. If the agency is incorporated, the |
| 431 | application must be signed by the president and the secretary of |
| 432 | the corporation. An agent who owns the agency need not file |
| 433 | fingerprints with the department if the agent obtained a license |
| 434 | under this chapter, and the license is currently valid. |
| 435 | (a) If an application for registration is denied, the |
| 436 | agency must file an application for licensure no later than 30 |
| 437 | days after the date of the denial of registration. |
| 438 | (b) A registered insurance agency must file an application |
| 439 | for licensure no later than 30 days after the date that any |
| 440 | person who is not a licensed and appointed agent in this state |
| 441 | acquires any ownership interest in the agency. If an agency |
| 442 | fails to file an application for licensure in compliance with |
| 443 | this paragraph, the department shall impose an administrative |
| 444 | penalty in an amount of up to $5,000 on the agency. |
| 445 | (c) Sections 626.6115 and 626.6215 do not apply to |
| 446 | agencies registered under this subsection. |
| 447 | (4) The department shall issue a license or registration |
| 448 | to each agency upon approval of the application and each agency |
| 449 | shall display the license or registration prominently in a |
| 450 | manner that makes it clearly visible to any customer or |
| 451 | potential customer who enters the agency. |
| 452 | Section 11. Subsection (2) of section 626.221, Florida |
| 453 | Statutes, is amended to read: |
| 454 | 626.221 Examination requirement; exemptions.-- |
| 455 | (2) However, no such examination shall be necessary in any |
| 456 | of the following cases: |
| 457 | (a) An applicant for renewal of appointment as an agent, |
| 458 | customer representative, or adjuster, unless the department |
| 459 | determines that an examination is necessary to establish the |
| 460 | competence or trustworthiness of such applicant. |
| 461 | (b) An applicant for limited license as agent for personal |
| 462 | accident insurance, baggage and motor vehicle excess liability |
| 463 | insurance, credit life or disability insurance, credit |
| 464 | insurance, credit property insurance, in-transit and storage |
| 465 | personal property insurance, or communications equipment |
| 466 | property insurance or communication equipment inland marine |
| 467 | insurance. |
| 468 | (c) In the discretion of the department, an applicant for |
| 469 | reinstatement of license or appointment as an agent, customer |
| 470 | representative, or adjuster whose license has been suspended |
| 471 | within 2 years prior to the date of application or written |
| 472 | request for reinstatement. |
| 473 | (d) An applicant who, within 2 years prior to application |
| 474 | for license and appointment as an agent, customer |
| 475 | representative, or adjuster, was a full-time salaried employee |
| 476 | of the department and had continuously been such an employee |
| 477 | with responsible insurance duties for not less than 2 years and |
| 478 | who had been a licensee within 2 years prior to employment by |
| 479 | the department with the same class of license as that being |
| 480 | applied for. |
| 481 | (e) An individual who qualified as a managing general |
| 482 | agent, service representative, customer representative, or all- |
| 483 | lines adjuster by passing a general lines agent's examination |
| 484 | and subsequently was licensed and appointed and has been |
| 485 | actively engaged in all lines of property and casualty insurance |
| 486 | may, upon filing an application for appointment, be licensed and |
| 487 | appointed as a general lines agent for the same kinds of |
| 488 | business without taking another examination if he or she holds |
| 489 | any such currently effective license referred to in this |
| 490 | paragraph or held the license within 48 months prior to the date |
| 491 | of filing the application with the department. |
| 492 | (e)(f) A person who has been licensed and appointed as a |
| 493 | public adjuster, or independent adjuster, or licensed and |
| 494 | appointed either as an agent or company adjuster, as to all |
| 495 | property, casualty, and surety insurances, may be licensed and |
| 496 | appointed as a company, adjuster as to any of such insurances, |
| 497 | or as an independent, adjuster or public adjuster, as to such |
| 498 | kinds of insurance, without additional written examination if an |
| 499 | application for licensure appointment is filed with the |
| 500 | department within 48 months following the date of cancellation |
| 501 | or expiration of the prior appointment. |
| 502 | (f)(g) A person who has been licensed as an adjuster for |
| 503 | motor vehicle, property and casualty, workers' compensation, and |
| 504 | health insurance may be licensed as such an adjuster without |
| 505 | additional written examination if his or her application for |
| 506 | licensure appointment is filed with the department within 48 |
| 507 | months after cancellation or expiration of the prior license. |
| 508 | (g)(h) An applicant for temporary license, except as |
| 509 | provided in this code. |
| 510 | (h)(i) An applicant for a life or health license who has |
| 511 | received the designation of chartered life underwriter (CLU) |
| 512 | from the American College of Life Underwriters and who has been |
| 513 | engaged in the insurance business within the past 4 years, |
| 514 | except that such an individual may be examined on pertinent |
| 515 | provisions of this code. |
| 516 | (i)(j) An applicant for license as a general lines agent, |
| 517 | customer representative, or adjuster who has received the |
| 518 | designation of chartered property and casualty underwriter |
| 519 | (CPCU) from the American Institute for Property and Liability |
| 520 | Underwriters and who has been engaged in the insurance business |
| 521 | within the past 4 years, except that such an individual may be |
| 522 | examined on pertinent provisions of this code. |
| 523 | (j)(k) An applicant for license as a customer |
| 524 | representative who has the designation of Accredited Advisor in |
| 525 | Insurance (AAI) from the Insurance Institute of America, the |
| 526 | designation of Certified Insurance Counselor (CIC) from the |
| 527 | Society of Certified Insurance Service Counselors, the |
| 528 | designation of Accredited Customer Service Representative (ACSR) |
| 529 | from the Independent Insurance Agents of America, the |
| 530 | designation of Certified Professional Service Representative |
| 531 | (CPSR) from the National Foundation for Certified Professional |
| 532 | Service Representatives, the designation of Certified Insurance |
| 533 | Service Representative (CISR) from the Society of Certified |
| 534 | Insurance Service Representatives. Also, an applicant for |
| 535 | license as a customer representative who has the designation of |
| 536 | Certified Customer Service Representative (CCSR) from the |
| 537 | Florida Association of Insurance Agents, or the designation of |
| 538 | Registered Customer Service Representative (RCSR) from a |
| 539 | regionally accredited postsecondary institution in this state, |
| 540 | or the designation of Professional Customer Service |
| 541 | Representative (PCSR) from the Professional Career Institute, |
| 542 | whose curriculum has been approved by the department and whose |
| 543 | curriculum includes comprehensive analysis of basic property and |
| 544 | casualty lines of insurance and testing at least equal to that |
| 545 | of standard department testing for the customer representative |
| 546 | license. The department shall adopt rules establishing standards |
| 547 | for the approval of curriculum. |
| 548 | (k)(l) An applicant for license as an adjuster who has the |
| 549 | designation of Accredited Claims Adjuster (ACA) from a |
| 550 | regionally accredited postsecondary institution in this state, |
| 551 | or the designation of Professional Claims Adjuster (PCA) from |
| 552 | the Professional Career Institute, whose curriculum has been |
| 553 | approved by the department and whose curriculum includes |
| 554 | comprehensive analysis of basic property and casualty lines of |
| 555 | insurance and testing at least equal to that of standard |
| 556 | department testing for the all-lines adjuster license. The |
| 557 | department shall adopt rules establishing standards for the |
| 558 | approval of curriculum. |
| 559 | (l)(m) An applicant qualifying for a license transfer |
| 560 | under s. 626.292, if the applicant: |
| 561 | 1. Has successfully completed the prelicensing examination |
| 562 | requirements in the applicant's previous state which are |
| 563 | substantially equivalent to the examination requirements in this |
| 564 | state, as determined by the department; |
| 565 | 2. Has received the designation of chartered property and |
| 566 | casualty underwriter (CPCU) from the American Institute for |
| 567 | Property and Liability Underwriters and has been engaged in the |
| 568 | insurance business within the past 4 years if applying to |
| 569 | transfer a general lines agent license; or |
| 570 | 3. Has received the designation of chartered life |
| 571 | underwriter (CLU) from the American College of Life Underwriters |
| 572 | and has been engaged in the insurance business within the past 4 |
| 573 | years, if applying to transfer a life or health agent license. |
| 574 | (m)(n) An applicant for a nonresident agent license, if |
| 575 | the applicant: |
| 576 | 1. Has successfully completed prelicensing examination |
| 577 | requirements in the applicant's home state which are |
| 578 | substantially equivalent to the examination requirements in this |
| 579 | state, as determined by the department, as a requirement for |
| 580 | obtaining a resident license in his or her home state; |
| 581 | 2. Held a general lines agent license, life agent license, |
| 582 | or health agent license prior to the time a written examination |
| 583 | was required; |
| 584 | 3. Has received the designation of chartered property and |
| 585 | casualty underwriter (CPCU) from the American Institute for |
| 586 | Property and Liability Underwriters and has been engaged in the |
| 587 | insurance business within the past 4 years, if an applicant for |
| 588 | a nonresident license as a general lines agent; or |
| 589 | 4. Has received the designation of chartered life |
| 590 | underwriter (CLU) from the American College of Life Underwriters |
| 591 | and has been in the insurance business within the past 4 years, |
| 592 | if an applicant for a nonresident license as a life agent or |
| 593 | health agent. |
| 594 | Section 12. Paragraphs (a), (b), (c), and (d) of |
| 595 | subsection (3) of section 626.2815, Florida Statutes, are |
| 596 | amended to read: |
| 597 | 626.2815 Continuing education required; application; |
| 598 | exceptions; requirements; penalties.-- |
| 599 | (3)(a) Each person subject to the provisions of this |
| 600 | section must, except as set forth in paragraphs (b), and (c), |
| 601 | and (d), complete a minimum of 24 hours of continuing education |
| 602 | courses every 2 years in basic or higher-level courses |
| 603 | prescribed by this section or in other courses approved by the |
| 604 | department. Each person subject to the provisions of this |
| 605 | section must complete, as part of his or her required number of |
| 606 | continuing education hours, 3 hours of continuing education, |
| 607 | approved by the department, every 2 years on the subject matter |
| 608 | of ethics. |
| 609 | (b) For compliance periods beginning on January 1, 1998, A |
| 610 | person who has been licensed for a period of 6 or more years |
| 611 | must complete 20 hours every 2 years in intermediate or |
| 612 | advanced-level courses prescribed by this section or in other |
| 613 | courses approved by the department. |
| 614 | (c) A licensee who has been licensed for 25 years or more |
| 615 | and is a CLU or a CPCU or has a Bachelor of Science degree in |
| 616 | risk management or insurance with evidence of 18 or more |
| 617 | semester hours in upper-level insurance-related courses must |
| 618 | complete 10 12 hours of continuing education courses every 2 |
| 619 | years in courses prescribed by this section or in other courses |
| 620 | approved by the department, except, for compliance periods |
| 621 | beginning January 1, 1998, the licensees described in this |
| 622 | paragraph shall be required to complete 10 hours of continuing |
| 623 | education courses every 2 years. |
| 624 | (d) Any person who holds a license as a customer |
| 625 | representative, limited customer representative, title agent, |
| 626 | motor vehicle physical damage and mechanical breakdown insurance |
| 627 | agent, crop or hail and multiple-peril crop insurance agent, or |
| 628 | as an industrial fire insurance or burglary insurance agent and |
| 629 | who is not a licensed life or health insurance agent, shall be |
| 630 | required to complete 10 12 hours of continuing education courses |
| 631 | every 2 years, except, for compliance periods beginning on |
| 632 | January 1, 1998, each licensee subject to this paragraph shall |
| 633 | be required to complete 10 hours of continuing education courses |
| 634 | every 2 years. |
| 635 | Section 13. Paragraph (c) of subsection (2) of section |
| 636 | 626.292, 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 |
| 639 | applicant must meet the following requirements: |
| 640 | (c) The individual shall submit a completed application |
| 641 | for this state which is received by the department within 90 |
| 642 | days after the date the individual became a resident of this |
| 643 | state, along with payment of the applicable fees set forth in s. |
| 644 | 624.501 and submission of the following documents: |
| 645 | 1. A certification issued by the appropriate official of |
| 646 | the applicant's home state identifying the type of license and |
| 647 | lines of authority under the license and stating that, at the |
| 648 | time the license from the home state was canceled, the applicant |
| 649 | was in good standing in that state or that the state's Producer |
| 650 | Database records, maintained by the National Association of |
| 651 | Insurance Commissioners, its affiliates, or subsidiaries, |
| 652 | indicate that the agent is or was licensed in good standing for |
| 653 | the line of authority requested. |
| 654 | 2. A set of the individual applicant's fingerprints in |
| 655 | accordance 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 |
| 658 | amended to read: |
| 659 | 626.321 Limited licenses.-- |
| 660 | (1) The department shall issue to a qualified individual, |
| 661 | or a qualified individual or entity under paragraphs (c), (d), |
| 662 | (e), and (i), a license as agent authorized to transact a |
| 663 | limited class of business in any of the following categories: |
| 664 | (d) Baggage and motor vehicle excess liability |
| 665 | insurance.-- |
| 666 | 1. License covering only insurance of personal effects |
| 667 | except as provided in subparagraph 2. The license may be issued |
| 668 | only: |
| 669 | a. To a full-time salaried employee of a common carrier or |
| 670 | a full-time salaried employee or owner of a transportation |
| 671 | ticket agency, which person is engaged in the sale or handling |
| 672 | of transportation of baggage and personal effects of travelers, |
| 673 | and may authorize the sale of such insurance only in connection |
| 674 | with such transportation; or |
| 675 | b. To the full-time salaried employee of a licensed |
| 676 | general lines agent or to a business entity that offers motor |
| 677 | vehicles for rent or lease if insurance sales activities |
| 678 | authorized by the license are in connection with and incidental |
| 679 | to the rental of a motor vehicle. An entity applying for a |
| 680 | license under this sub-subparagraph: |
| 681 | (I) Is required to submit only one application for a |
| 682 | license under s. 626.171. The requirements of s. 626.171(4)(5) |
| 683 | shall apply only to the officers and directors of the entity |
| 684 | submitting the application. |
| 685 | (II) Is required to obtain a license for each office, |
| 686 | branch office, or place of business making use of the entity's |
| 687 | business name by applying to the department for the license on a |
| 688 | simplified application form developed by rule of the department |
| 689 | for this purpose. |
| 690 | (III) Is required to pay the applicable fees for a license |
| 691 | as prescribed in s. 624.501, be appointed under s. 626.112, and |
| 692 | pay the prescribed appointment fee under s. 624.501. A licensed |
| 693 | and appointed entity shall be directly responsible and |
| 694 | accountable for all acts of the licensee's employees. |
| 695 |
|
| 696 | The purchaser of baggage insurance shall be provided written |
| 697 | information disclosing that the insured's homeowner's policy may |
| 698 | provide coverage for loss of personal effects and that the |
| 699 | purchase of such insurance is not required in connection with |
| 700 | the purchase of tickets or in connection with the lease or |
| 701 | rental of a motor vehicle. |
| 702 | 2. A business entity that offers motor vehicles for rent |
| 703 | or lease, may include lessees under a master contract providing |
| 704 | coverage to the lessor or may transact excess motor vehicle |
| 705 | liability insurance providing coverage in excess of the standard |
| 706 | liability limits provided by the lessor in its lease to a person |
| 707 | renting or leasing a motor vehicle from the licensee's employer |
| 708 | for liability arising in connection with the negligent operation |
| 709 | of the leased or rented motor vehicle, provided that the lease |
| 710 | or rental agreement is for not more than 30 days; that the |
| 711 | lessee is not provided coverage for more than 30 consecutive |
| 712 | days per lease period, and, if the lease is extended beyond 30 |
| 713 | days, the coverage may be extended one time only for a period |
| 714 | not to exceed an additional 30 days; that the lessee is given |
| 715 | written notice that his or her personal insurance policy |
| 716 | providing coverage on an owned motor vehicle may provide |
| 717 | additional excess coverage; and that the purchase of the |
| 718 | insurance is not required in connection with the lease or rental |
| 719 | of a motor vehicle. The excess liability insurance may be |
| 720 | provided to the lessee as an additional insured on a policy |
| 721 | issued to the licensee's employer. |
| 722 | 3. A business entity that offers motor vehicles for rent |
| 723 | or lease, may, as an agent of an insurer, transact insurance |
| 724 | that provides coverage for the liability of the lessee to the |
| 725 | lessor for damage to the leased or rented motor vehicle if: |
| 726 | a. The lease or rental agreement is for not more than 30 |
| 727 | days; or the lessee is not provided coverage for more than 30 |
| 728 | consecutive days per lease period, but, if the lease is extended |
| 729 | beyond 30 days, the coverage may be extended one time only for a |
| 730 | period not to exceed an additional 30 days; |
| 731 | b. The lessee is given written notice that his or her |
| 732 | personal insurance policy that provides coverage on an owned |
| 733 | motor vehicle may provide such coverage with or without a |
| 734 | deductible; and |
| 735 | c. The purchase of the insurance is not required in |
| 736 | connection with the lease or rental of a motor vehicle. |
| 737 | (2) An entity applying for a license under this section is |
| 738 | required to: |
| 739 | (a) Submit only one application for a license under s. |
| 740 | 626.171. The requirements of s. 626.171(4)(5) shall only apply |
| 741 | to the officers and directors of the entity submitting the |
| 742 | application. |
| 743 | Section 15. Subsections (1) and (2) of section 626.342, |
| 744 | Florida Statutes, are amended to read: |
| 745 | 626.342 Furnishing supplies to unlicensed life, health, or |
| 746 | general lines agent prohibited; civil liability.-- |
| 747 | (1) An insurer, a managing general agent, an insurance |
| 748 | agency, or an agent, directly or through any representative, may |
| 749 | not furnish to any agent any blank forms, applications, |
| 750 | stationery, or other supplies to be used in soliciting, |
| 751 | negotiating, or effecting contracts of insurance on its behalf |
| 752 | unless such blank forms, applications, stationery, or other |
| 753 | supplies relate to a class of business with respect to which the |
| 754 | agent is licensed and appointed, whether for that insurer or |
| 755 | another insurer. |
| 756 | (2) Any insurer, general agent, insurance agency, or agent |
| 757 | who furnishes any of the supplies specified in subsection (1) to |
| 758 | any agent or prospective agent not appointed to represent the |
| 759 | insurer and who accepts from or writes any insurance business |
| 760 | for such agent or agency is subject to civil liability to any |
| 761 | insured of such insurer to the same extent and in the same |
| 762 | manner as if such agent or prospective agent had been appointed |
| 763 | or authorized by the insurer or such agent to act in its or his |
| 764 | or her behalf. The provisions of this subsection do not apply to |
| 765 | insurance risk apportionment plans under s. 627.351. |
| 766 | Section 16. Section 626.382, Florida Statutes, is amended |
| 767 | to read: |
| 768 | 626.382 Continuation, expiration of license; insurance |
| 769 | agencies.--The license of any insurance agency shall be issued |
| 770 | for a period of 3 years, subject to the payment of the fees |
| 771 | prescribed in s. 624.501, and shall continue in force until |
| 772 | canceled, suspended, revoked, or otherwise terminated. A license |
| 773 | may be renewed by submitting a renewal request to the department |
| 774 | on a form adopted by department rule. |
| 775 | Section 17. Subsection (3) of section 626.451, Florida |
| 776 | Statutes, is amended to read: |
| 777 | 626.451 Appointment of agent or other representative.-- |
| 778 | (3) By authorizing the effectuation of the appointment of |
| 779 | an agent, adjuster, service representative, customer |
| 780 | representative, or managing general agent the appointing entity |
| 781 | is thereby certifying to the department that it is willing to be |
| 782 | bound by the acts of the agent, adjuster, service |
| 783 | representative, customer representative, or managing general |
| 784 | agent, within the scope of the licensee's employment or |
| 785 | appointment. |
| 786 | Section 18. Section 626.536, Florida Statutes, is amended |
| 787 | to read: |
| 788 | 626.536 Reporting of actions.--Each An agent and insurance |
| 789 | agency shall submit to the department, within 30 days after the |
| 790 | final disposition of any administrative action taken against the |
| 791 | agent by a governmental agency in this or any other state or |
| 792 | jurisdiction relating to the business of insurance, the sale of |
| 793 | securities, or activity involving fraud, dishonesty, |
| 794 | trustworthiness, or breach of a fiduciary duty, a copy of the |
| 795 | order, consent to order, or other relevant legal documents. The |
| 796 | department may adopt rules implementing the provisions of this |
| 797 | section. |
| 798 | Section 19. Subsections (1) and (3) of section 626.561, |
| 799 | Florida Statutes, are amended to read: |
| 800 | 626.561 Reporting and accounting for funds.-- |
| 801 | (1) All premiums, return premiums, or other funds |
| 802 | belonging to insurers or others received by an agent, insurance |
| 803 | agency, customer representative, or adjuster in transactions |
| 804 | under the his or her license are trust funds received by the |
| 805 | licensee in a fiduciary capacity. An agent or insurance agency |
| 806 | shall keep the funds belonging to each insurer for which an |
| 807 | agent he or she is not appointed, other than a surplus lines |
| 808 | insurer, in a separate account so as to allow the department or |
| 809 | office to properly audit such funds. The licensee in the |
| 810 | applicable regular course of business shall account for and pay |
| 811 | the same to the insurer, insured, or other person entitled |
| 812 | thereto. |
| 813 | (3) Any agent, insurance agency, customer representative, |
| 814 | or adjuster who, not being lawfully entitled thereto, either |
| 815 | temporarily or permanently diverts or misappropriates such funds |
| 816 | or any portion thereof or deprives the other person of a benefit |
| 817 | therefrom commits the offense specified below: |
| 818 | (a) If the funds diverted or misappropriated are $300 or |
| 819 | less, a misdemeanor of the first degree, punishable as provided |
| 820 | in 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, |
| 823 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 824 | (c) If the funds diverted or misappropriated are $20,000 |
| 825 | or more, but less than $100,000, a felony of the second degree, |
| 826 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 827 | (d) If the funds diverted or misappropriated are $100,000 |
| 828 | or more, a felony of the first degree, punishable as provided in |
| 829 | s. 775.082, s. 775.083, or s. 775.084. |
| 830 | Section 20. Subsections (1) and (2) of section 626.572, |
| 831 | Florida Statutes, are amended to read: |
| 832 | 626.572 Rebating; when allowed.-- |
| 833 | (1) No insurance agency or agent shall rebate any portion |
| 834 | of a his or her commission except as follows: |
| 835 | (a) The rebate shall be available to all insureds in the |
| 836 | same actuarial class. |
| 837 | (b) The rebate shall be in accordance with a rebating |
| 838 | schedule filed by the agent with the insurer issuing the policy |
| 839 | to which the rebate applies. |
| 840 | (c) The rebating schedule shall be uniformly applied in |
| 841 | that all insureds who purchase the same policy through the agent |
| 842 | for the same amount of insurance receive the same percentage |
| 843 | rebate. |
| 844 | (d) Rebates shall not be given to an insured with respect |
| 845 | to a policy purchased from an insurer that prohibits its agents |
| 846 | from rebating commissions. |
| 847 | (e) The rebate schedule is prominently displayed in public |
| 848 | view in the agent's place of doing business and a copy is |
| 849 | available to insureds on request at no charge. |
| 850 | (f) The age, sex, place of residence, race, nationality, |
| 851 | ethnic origin, marital status, or occupation of the insured or |
| 852 | location of the risk is not utilized in determining the |
| 853 | percentage of the rebate or whether a rebate is available. |
| 854 | (2) The insurance agency or agent shall maintain a copy of |
| 855 | all rebate schedules for the most recent 5 years and their |
| 856 | effective dates. |
| 857 | Section 21. Subsection (1) of section 626.601, Florida |
| 858 | Statutes, is amended to read: |
| 859 | 626.601 Improper conduct; inquiry; fingerprinting.-- |
| 860 | (1) The department or office may, upon its own motion or |
| 861 | upon a written complaint signed by any interested person and |
| 862 | filed with the department or office, inquire into any alleged |
| 863 | improper conduct of any licensed insurance agency, agent, |
| 864 | adjuster, service representative, managing general agent, |
| 865 | customer representative, title insurance agent, title insurance |
| 866 | agency, continuing education course provider, instructor, school |
| 867 | official, or monitor group under this code. The department or |
| 868 | office may thereafter initiate an investigation of any such |
| 869 | licensee if it has reasonable cause to believe that the licensee |
| 870 | has violated any provision of the insurance code. During the |
| 871 | course of its investigation, the department or office shall |
| 872 | contact the licensee being investigated unless it determines |
| 873 | that contacting such person could jeopardize the successful |
| 874 | completion of the investigation or cause injury to the public. |
| 875 | Section 22. Section 626.602, Florida Statutes, is created |
| 876 | to read: |
| 877 | 626.602 Insurance agency names; disapproval.--The |
| 878 | department may disapprove the use of any true or fictitious |
| 879 | name, other than the bona fide natural name of an individual, by |
| 880 | any insurance agency on any of the following grounds: |
| 881 | (1) The name is an interference with or is too similar to |
| 882 | a name already filed and in use by another agency or insurer; |
| 883 | (2) The use of the name may mislead the public in any |
| 884 | respect; or |
| 885 | (3) The name states or implies that the agency is an |
| 886 | insurer, motor club, hospital service plan, state or federal |
| 887 | agency, charitable organization, or entity that primarily |
| 888 | provides advice and counsel rather than sells or solicits |
| 889 | insurance, or is entitled to engage in insurance activities not |
| 890 | permitted under licenses held or applied for. This provision |
| 891 | does not prohibit the use of the word "state" or "states" in the |
| 892 | name of the agency and the use of such words in the name of the |
| 893 | agency does not imply that the agency is a state agency. |
| 894 | Section 23. Section 626.6115, Florida Statutes, is amended |
| 895 | to read: |
| 896 | 626.6115 Grounds for compulsory refusal, suspension, or |
| 897 | revocation of insurance agency license.--The department shall |
| 898 | deny, suspend, revoke, or refuse to continue the license of any |
| 899 | insurance agency if it finds, as to any insurance agency or as |
| 900 | to any majority owner, partner, manager, director, officer, or |
| 901 | other person who manages or controls such agency, that any |
| 902 | either one or both of the following applicable grounds exist: |
| 903 | (1) Lack by the agency of one or more of the |
| 904 | qualifications for the license as specified in this code. |
| 905 | (2) Material misstatement, misrepresentation, or fraud in |
| 906 | obtaining the license or in attempting to obtain the license. |
| 907 | (3) Denial, suspension, or revocation of a license to |
| 908 | practice or conduct any regulated profession, business, or |
| 909 | vocation relating to the business of insurance by this state, |
| 910 | any other state, any nation, any possession or district of the |
| 911 | United States, any court, or any lawful agency thereof. However, |
| 912 | the existence of grounds for administrative action against a |
| 913 | licensed agency does not constitute grounds for action against |
| 914 | any other licensed agency, including an agency that owns, is |
| 915 | under common ownership with, or is owned by, in whole or in |
| 916 | part, the agency for which grounds for administrative action |
| 917 | exist. |
| 918 | Section 24. Subsection (6) of section 626.621, Florida |
| 919 | Statutes, is amended to read: |
| 920 | 626.621 Grounds for discretionary refusal, suspension, or |
| 921 | revocation of agent's, adjuster's, customer representative's, |
| 922 | service representative's, or managing general agent's license or |
| 923 | appointment.--The department may, in its discretion, deny an |
| 924 | application for, suspend, revoke, or refuse to renew or continue |
| 925 | the license or appointment of any applicant, agent, adjuster, |
| 926 | customer representative, service representative, or managing |
| 927 | general agent, and it may suspend or revoke the eligibility to |
| 928 | hold a license or appointment of any such person, if it finds |
| 929 | that as to the applicant, licensee, or appointee any one or more |
| 930 | of the following applicable grounds exist under circumstances |
| 931 | for which such denial, suspension, revocation, or refusal is not |
| 932 | mandatory under s. 626.611: |
| 933 | (6) In the conduct of business under the license or |
| 934 | appointment, engaging in unfair methods of competition or in |
| 935 | unfair or deceptive acts or practices, as prohibited under part |
| 936 | IX of this chapter, or having otherwise shown himself or herself |
| 937 | to be a source of injury or loss to the public or detrimental to |
| 938 | the public interest. |
| 939 | Section 25. Subsection (6) is added to section 626.6215, |
| 940 | Florida Statutes, to read: |
| 941 | 626.6215 Grounds for discretionary refusal, suspension, or |
| 942 | revocation of insurance agency license.--The department may, in |
| 943 | its discretion, deny, suspend, revoke, or refuse to continue the |
| 944 | license of any insurance agency if it finds, as to any insurance |
| 945 | agency or as to any majority owner, partner, manager, director, |
| 946 | officer, or other person who manages or controls such insurance |
| 947 | agency, that any one or more of the following applicable grounds |
| 948 | exist: |
| 949 | (6) Failure to take corrective action or report a |
| 950 | violation to the department within 30 days after an individual |
| 951 | licensee's violation is known or should have been known by one |
| 952 | or more of the partners, officers, or managers acting on behalf |
| 953 | of the agency. However, the existence of grounds for |
| 954 | administrative action against a licensed agency does not |
| 955 | constitute grounds for action against any other licensed agency, |
| 956 | including an agency that owns, is under common ownership with, |
| 957 | or is owned by, in whole or in part, the agency for which |
| 958 | grounds for administrative action exist. |
| 959 | Section 26. Subsections (1) and (2) of section 626.641, |
| 960 | Florida Statutes, are amended to read: |
| 961 | 626.641 Duration of suspension or revocation.-- |
| 962 | (1) The department shall, in its order suspending a |
| 963 | license or appointment or in its order suspending the |
| 964 | eligibility of a person to hold or apply for such license or |
| 965 | appointment, specify the period during which the suspension is |
| 966 | to be in effect; but such period shall not exceed 2 years. The |
| 967 | license, appointment, or eligibility shall remain suspended |
| 968 | during the period so specified, subject, however, to any |
| 969 | rescission or modification of the order by the department, or |
| 970 | modification or reversal thereof by the court, prior to |
| 971 | expiration of the suspension period. A license, appointment, or |
| 972 | eligibility which has been suspended shall not be reinstated |
| 973 | except upon request for such reinstatement and, in the case of a |
| 974 | second suspension, completion of continuing education courses |
| 975 | prescribed and approved by the department or office; but the |
| 976 | department shall not grant such reinstatement if it finds that |
| 977 | the circumstance or circumstances for which the license, |
| 978 | appointment, or eligibility was suspended still exist or are |
| 979 | likely to recur. In addition, a request for reinstatement is |
| 980 | subject to denial and subject to a waiting period prior to |
| 981 | approval on the same grounds that apply to applications for |
| 982 | licensure pursuant to ss. 626.207, 626.611, and 626.621. |
| 983 | (2) No person or appointee under any license or |
| 984 | appointment revoked by the department, nor any person whose |
| 985 | eligibility to hold same has been revoked by the department, |
| 986 | shall have the right to apply for another license or appointment |
| 987 | under this code within 2 years from the effective date of such |
| 988 | revocation or, if judicial review of such revocation is sought, |
| 989 | within 2 years from the date of final court order or decree |
| 990 | affirming the revocation. An applicant for another license or |
| 991 | appointment pursuant to this subsection must apply and qualify |
| 992 | for licensure and appointment in the same manner as a first-time |
| 993 | applicant, and the application may be denied on the same grounds |
| 994 | that apply to first-time applicants for licensure pursuant to |
| 995 | ss. 626.207, 626.611, and 626.621. In addition, the department |
| 996 | shall not, however, grant a new license or appointment or |
| 997 | reinstate eligibility to hold such license or appointment if it |
| 998 | finds that the circumstance or circumstances for which the |
| 999 | eligibility was revoked or for which the previous license or |
| 1000 | appointment was revoked still exist or are likely to recur; if |
| 1001 | an individual's license as agent or customer representative or |
| 1002 | eligibility to hold same has been revoked upon the ground |
| 1003 | specified in s. 626.611(12), the department shall refuse to |
| 1004 | grant or issue any new license or appointment so applied for. |
| 1005 | Section 27. Subsection (1) of section 626.7351, Florida |
| 1006 | Statutes, is amended to read: |
| 1007 | 626.7351 Qualifications for customer representative's |
| 1008 | license.--The department shall not grant or issue a license as |
| 1009 | customer representative to any individual found by it to be |
| 1010 | untrustworthy or incompetent, or who does not meet each of the |
| 1011 | following qualifications: |
| 1012 | (1) The applicant is a natural person who is at least 18 |
| 1013 | years of age. |
| 1014 | Section 28. Subsection (2) of section 626.7355, Florida |
| 1015 | Statutes, is amended to read: |
| 1016 | 626.7355 Temporary license as customer representative |
| 1017 | pending examination.-- |
| 1018 | (2) There must be no more than one temporary customer |
| 1019 | representative licensee in the general lines agency location |
| 1020 | where the temporary licensee is housed and the temporary |
| 1021 | licensee shall be housed wholly and completely within the actual |
| 1022 | confines of the office of the agent or agency whom he or she |
| 1023 | represents. Such agency must be in compliance with the |
| 1024 | provisions of s. 626.592, commonly referred to as the Primary |
| 1025 | Agent Law, for the most recent reporting period. No such |
| 1026 | temporary licensee may be employed from any location except |
| 1027 | where his or her designated supervising general lines agent |
| 1028 | spends his or her full time. No general lines agency location |
| 1029 | may employ more than two temporary customer representative |
| 1030 | licensees in one calendar year. |
| 1031 | Section 29. Subsection (1) of section 626.747, Florida |
| 1032 | Statutes, is amended to read: |
| 1033 | 626.747 Branch agencies.-- |
| 1034 | (1) Each branch place of business established by an agent |
| 1035 | or agency, firm, corporation, or association shall be in the |
| 1036 | active full-time charge of a licensed general lines agent who is |
| 1037 | appointed to represent one or more insurers. Any agent or |
| 1038 | agency, firm, corporation, or association which has established |
| 1039 | one or more branch places of business shall be required to have |
| 1040 | at least one licensed general lines agent or life or health |
| 1041 | agent who is appointed to represent one or more insurers at each |
| 1042 | location of the agency, including its headquarters location. |
| 1043 | Section 30. Paragraph (d) of subsection (2) of section |
| 1044 | 626.8411, Florida Statutes, is amended to read: |
| 1045 | 626.8411 Application of Florida Insurance Code provisions |
| 1046 | to title insurance agents or agencies.-- |
| 1047 | (2) The following provisions of part I do not apply to |
| 1048 | title 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 |
| 1051 | to read: |
| 1052 | 626.8420 Nonresident title insurance |
| 1053 | agents.--Notwithstanding s. 626.8414(2), the department, upon |
| 1054 | application and payment of the fees specified in s. 624.501, may |
| 1055 | issue a license as a nonresident title insurance agent to an |
| 1056 | individual not a resident of this state in the same manner |
| 1057 | applicable to the licensure of nonresident general lines agents |
| 1058 | under the provisions of s. 626.741. Sections 626.742 and 626.743 |
| 1059 | shall apply to nonresident title insurance agents. |
| 1060 | Section 32. Subsection (2) of section 648.50, Florida |
| 1061 | Statutes, is amended to read: |
| 1062 | 648.50 Effect of suspension, revocation upon associated |
| 1063 | licenses and licensees.-- |
| 1064 | (2) In case of the suspension or revocation of the license |
| 1065 | or appointment, or the eligibility to hold a license or |
| 1066 | appointment, of any bail bond agent, the license, appointment, |
| 1067 | or eligibility of any and all bail bond agents who are members |
| 1068 | of a bail bond agency, whether incorporated or unincorporated, |
| 1069 | and any and all temporary bail bond agents or runners employed |
| 1070 | by such bail bond agency, who knowingly are parties to the act |
| 1071 | which formed the ground for the suspension or revocation may |
| 1072 | likewise be suspended or revoked. |
| 1073 | Section 33. Section 626.592, Florida Statutes, is |
| 1074 | repealed. |
| 1075 | Section 34. This act shall take effect October 1, 2005. |