Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
CHAMBER ACTION
Senate House
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04/23/2006 01:30 PM .
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11 The Committee on Banking and Insurance (Posey) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Effective January 1, 2007, subsections (2)
19 and (4) of section 626.171, Florida Statutes, are amended to
20 read:
21 626.171 Application for license as an agent, customer
22 representative, adjuster, service representative, managing
23 general agent, or reinsurance intermediary.--
24 (2) In the application, the applicant shall set forth:
25 (a) His or her full name, age, social security number,
26 residence address, business address, and mailing address.
27 (b) Proof that he or she has completed or is in the
28 process of completing any required prelicensing course.
29 (c) Whether he or she has been refused or has
30 voluntarily surrendered or has had suspended or revoked a
31 license to solicit insurance by the department or by the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 supervising officials of any state.
2 (d) Whether any insurer or any managing general agent
3 claims the applicant is indebted under any agency contract or
4 otherwise and, if so, the name of the claimant, the nature of
5 the claim, and the applicant's defense thereto, if any.
6 (e) Proof that the applicant meets the requirements
7 for the type of license for which he or she is applying.
8 (f) The applicant's gender (male or female).
9 (g) The applicant's native language.
10 (h) The highest level of education achieved by the
11 applicant.
12 (i) The applicant's race or ethnicity (African
13 American, white, American Indian, Asian, Hispanic, or other).
14 (j)(f) Such other or additional information as the
15 department may deem proper to enable it to determine the
16 character, experience, ability, and other qualifications of
17 the applicant to hold himself or herself out to the public as
18 an insurance representative.
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20 However, the application must contain a statement that an
21 applicant is not required to disclose his or her race or
22 ethnicity, gender, or native language, that he or she will not
23 be penalized for not doing so, and that the department will
24 use this information exclusively for research and statistical
25 purposes and to improve the quality and fairness of the
26 examinations.
27 (4) An applicant application for a license as an
28 agent, customer representative, adjuster, service
29 representative, managing general agent, or reinsurance
30 intermediary must submit be accompanied by a set of the
31 individual applicant's fingerprints, or, if the applicant is
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 not an individual, by a set of the fingerprints of the sole
2 proprietor, majority owner, partners, officers, and directors,
3 to the department and must pay on a form adopted by rule of
4 the department and accompanied by the fingerprint processing
5 fee set forth in s. 624.501. Fingerprints shall be used to
6 investigate the applicant's qualifications pursuant to s.
7 626.201. The fingerprints shall be taken by a law enforcement
8 agency, designated examination center, or other
9 department-approved entity. The department shall require all
10 designated examination centers to have fingerprinting
11 equipment and to take fingerprints from any applicant or
12 prospective applicant who pays the applicable fee. The
13 department may not approve an application for licensure as an
14 agent, customer service representative, adjuster, service
15 representative, managing general agent, or reinsurance
16 intermediary if fingerprints have not been submitted.
17 Section 2. Effective January 1, 2007, subsections (1)
18 and (2) of section 626.211, Florida Statutes, are amended to
19 read:
20 626.211 Approval, disapproval of application.--
21 (1) If upon the basis of a completed application for
22 license and such further inquiry or investigation as the
23 department may make concerning an applicant the department is
24 satisfied that, subject to any examination required to be
25 taken and passed by the applicant for a license, the applicant
26 is qualified for the license applied for and that all
27 pertinent fees have been paid, it shall approve the
28 application. The department shall not deny, delay, or
29 withhold approval of an application due to the fact that it
30 has not received a criminal history report based on the
31 applicant's fingerprints.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 (2) Upon approval of an applicant for license as
2 agent, customer representative, or adjuster who is subject to
3 written examination, the department shall notify the applicant
4 when and where he or she may take the required examination
5 unless the applicant has taken and passed the examination
6 within 1 year before the date of filing the application.
7 Section 3. Paragraph (k) of subsection (2) of section
8 626.221, Florida Statutes, is amended to read:
9 626.221 Examination requirement; exemptions.--
10 (2) However, no such examination shall be necessary in
11 any of the following cases:
12 (k) An applicant for license as an adjuster who has
13 the designation of Accredited Claims Adjuster (ACA) from a
14 regionally accredited postsecondary institution in this state,
15 or the designation of Professional Claims Adjuster (PCA) from
16 the Professional Career Institute, or Certified Claims
17 Adjuster (CCA) from the Association of Property and Casualty
18 Claims Professionals, whose curriculum has been approved by
19 the department and whose curriculum includes comprehensive
20 analysis of basic property and casualty lines of insurance and
21 testing at least equal to that of standard department testing
22 for the all-lines adjuster license. The department shall adopt
23 rules establishing standards for the approval of curriculum.
24 Section 4. Effective January 1, 2007, section 626.231,
25 Florida Statutes, is amended to read:
26 626.231 Eligibility; application for examination.--
27 (1) A No person may not shall be permitted to take an
28 examination for license until his or her application for
29 examination or application for the license has been approved
30 and the required fees have been received by the department or
31 a person designated by the department to administer the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 examination.
2 (2) A person required to take an examination for a
3 license may be permitted to take an examination prior to
4 submitting an application for licensure pursuant to s. 626.171
5 by submitting an application for examination through the
6 department's Internet website. In the application, the
7 applicant shall set forth:
8 (a) His or her full name, age, social security number,
9 residence address, business address, and mailing address.
10 (b) The type of license that the applicant intends to
11 apply for.
12 (c) The name of any required prelicensing course he or
13 she has completed or is in the process of completing.
14 (d) The method by which the applicant intends to
15 qualify for the type of license if other than by completing a
16 prelicensing course.
17 (e) The applicant's gender (male or female).
18 (f) The applicant's native language.
19 (g) The highest level of education achieved by the
20 applicant.
21 (h) The applicant's race or ethnicity (African
22 American, white, American Indian, Asian, Hispanic, or other).
23
24 However, the application must contain a statement that an
25 applicant is not required to disclose his or her race or
26 ethnicity, gender, or native language, that he or she will not
27 be penalized for not doing so, and that the department will
28 use this information exclusively for research and statistical
29 purposes and to improve the quality and fairness of the
30 examinations.
31 (3) Each application must be accompanied by payment of
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 the applicable examination fee.
2 Section 5. Subsection (9) is added to section 626.241,
3 Florida Statutes, to read:
4 626.241 Scope of examination.--
5 (9) This section applies to any person who submits an
6 application for license and to any person who submits an
7 application for examination prior to filing an application for
8 license.
9 Section 6. Section 626.2415, Florida Statutes, is
10 created to read:
11 626.2415 Annual report of results of life insurance
12 examinations.--
13 (1) No later than May 1 of each year, the department
14 or a person designated by the department shall prepare,
15 publicly announce, and publish a report that summarizes
16 statistical information relating to life insurance agent
17 examinations administered during the preceding calendar year.
18 Each report shall include the following information for all
19 examinees, combined and separately by race or ethnicity,
20 gender, race or ethnicity within gender, education level, and
21 native language:
22 (a) The total number of examinees.
23 (b) The percentage and number of examinees who passed
24 the examination.
25 (c) The mean scaled scores on the examination.
26 (d) Standard deviation of scaled scores on the
27 examination.
28 (2) No later than May 1 of each year, the department
29 or a person designated by the department shall prepare and
30 make available upon request a report of summary statistical
31 information relating to each operational item on each life
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 insurance test form administered during the preceding calendar
2 year. The report shall show, for each operational item, for
3 all examinees combined and separately for African-American
4 examinees, white examinees, American Indian examinees, Asian
5 examinees, Hispanic examinees, and other examinees, the
6 correct-answer rates and correlations.
7 (3) The department may provide a testing service
8 provider, under contract with the department, demographic
9 information received by the department on applications
10 relating to examinations taken to qualify for an insurance
11 agent license if the department requires the provider to
12 review and analyze examination results in conjunction with the
13 race or ethnicity, gender, education level, and native
14 language of examinees.
15 Section 7. Subsection (1) of section 626.251, Florida
16 Statutes, is amended to read:
17 626.251 Time and place of examination; notice.--
18 (1) The department or a person designated by the
19 department shall mail written notice of the time and place of
20 the examination to each applicant for examination and each
21 applicant for license required to take an examination who will
22 be eligible to take the examination as of the examination
23 date. The notice shall be so mailed, postage prepaid, and
24 addressed to the applicant at his or her address shown on the
25 application for license or at such other address as requested
26 by the applicant in writing filed with the department prior to
27 the mailing of the notice. Notice shall be deemed given when
28 so mailed.
29 Section 8. Effective January 1, 2007, subsection (1)
30 of section 626.261, Florida Statutes, is amended to read:
31 626.261 Conduct of examination.--
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 (1) The applicant for license or the applicant for
2 examination shall appear in person and personally take the
3 examination for license at the time and place specified by the
4 department or by a person designated by the department.
5 Section 9. Subsection (1) of section 626.281, Florida
6 Statutes, is amended to read:
7 626.281 Reexamination.--
8 (1) Any applicant for license or applicant for
9 examination who has either:
10 (a) Taken an examination and failed to make a passing
11 grade, or
12 (b) Failed to appear for the examination or to take or
13 complete the examination at the time and place specified in
14 the notice of the department,
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16 may take additional examinations, after filing with the
17 department an application for reexamination together with
18 applicable fees. The failure of an applicant to pass an
19 examination or the failure to appear for the examination or to
20 take or complete the examination does not preclude the
21 applicant from taking subsequent examinations.
22 Section 10. Effective January 1, 2007, section
23 626.291, Florida Statutes, is amended to read:
24 626.291 Examination results; denial, issuance of
25 license.--
26 (1) Within 30 days after the applicant has completed
27 any examination required under s. 626.221, the department or
28 its designee shall provide a score report; and, if it finds
29 that the applicant has received a passing grade, the
30 department shall within such period notify the applicant and
31 issue and transmit the license to which such examination
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 related. If it finds that the applicant did not make a
2 passing grade on the examination for a particular license, the
3 department or its designee shall within this period provide
4 notice to the applicant to that effect and of its denial of
5 the license. For those applicants who have completed the
6 examination and received a passing grade prior to submitting
7 the license application, the department shall promptly issue
8 the license applied for as soon as the department approves the
9 application.
10 (2) As to an applicant for a license for which no
11 examination is required, the department shall promptly issue
12 the license applied for as soon as it has approved the
13 application.
14 (3) A passing grade on an examination is valid for a
15 period of 1 year. The department may not issue a license to an
16 applicant based on an examination taken more than 1 year prior
17 to the date that an application for license is filed. The
18 department shall not deny, delay, or withhold issuance of a
19 license due to the fact that it has not received a criminal
20 history report based on the applicant's fingerprints.
21 Section 11. The sums of $158,995 in recurring funds
22 and $120,069 in nonrecurring funds are appropriated from the
23 Insurance Regulatory Trust Fund in the Department of Financial
24 Services for the 2006-2007 fiscal year for the purposes of
25 funding this act, and three full-time equivalent positions
26 with $103,285 in associated salary rate are authorized.
27 Section 12. Except as otherwise expressly provided in
28 this act, this act shall take effect July 1, 2006.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
Barcode 954262
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to insurance agents; amending
8 s. 626.171, F.S.; providing additional
9 requirements for applications for certain
10 licenses; requiring applicants to submit
11 fingerprints and pay a processing fee;
12 providing for fingerprints to be taken by a
13 designated examination center; requiring the
14 Department of Financial Services to require
15 designated examination centers to have certain
16 equipment; prohibiting the department from
17 approving licensure applications without
18 submitted fingerprints; amending s. 626.211,
19 F.S.; deleting a prohibition against the
20 department denying, delaying, or withholding
21 approval of applications lacking a criminal
22 history report; revising circumstances under
23 which the department must notify an applicant
24 about examinations; amending s. 626.221, F.S.;
25 expanding the authorized adjuster designations
26 for exemptions from adjuster license
27 examinations; amending s. 626.231, F.S.;
28 providing authorization and procedures for
29 applying on the department's Internet website
30 to take a licensure examination prior to
31 applying for licensure; specifying required
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2526
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1 application information; requiring an
2 application disclosure statement; requiring
3 payment of an examination fee with an
4 application; amending s. 626.241, F.S.;
5 providing for application of certain
6 examination provisions to certain persons;
7 creating s. 626.2415, F.S.; requiring the
8 department to annually prepare, publicly
9 announce, and publish reports of certain
10 examination statistical information; providing
11 report requirements; authorizing the department
12 to provide certain contracted testing service
13 providers with certain demographic application
14 information under certain circumstances;
15 amending s. 626.251, F.S.; requiring the
16 department to provide certain information to
17 examination applicants; amending s. 626.261,
18 F.S.; requiring examination applicants to
19 personally take the examination; amending s.
20 626.281, F.S.; applying reexamination
21 provisions to examination applicants; amending
22 s. 626.291, F.S.; requiring the department to
23 issue a license for certain applicants after
24 the department approves the application;
25 specifying a period of validity of a passing
26 examination grade; prohibiting the department
27 from issuing a license based on an examination
28 taken more than 1 year prior to filing an
29 application; providing appropriations;
30 authorizing additional positions; providing
31 effective dates.
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