1 | A bill to be entitled |
2 | An act relating to insurance representatives; amending s. |
3 | 626.221, F.S.; providing an exemption from the required |
4 | written examination to certain applicants for licensure as |
5 | a claims adjuster; amending s. 626.7851, F.S.; authorizing |
6 | certain programs to offer correspondence courses to |
7 | applicants for licensure as a life insurance agent; |
8 | amending s. 626.8311, F.S.; authorizing certain programs |
9 | to offer correspondence courses to applicants for |
10 | licensure as a health insurance agent; amending s. |
11 | 626.747, F.S.; authorizing certain licensed agents to be |
12 | the agent in charge of branch locations under certain |
13 | circumstances; amending s. 626.865, F.S.; requiring public |
14 | adjusters to maintain their surety bond unimpaired for a |
15 | certain period; amending s. 626.869, F.S.; authorizing an |
16 | extension of time to complete continuing education |
17 | requirements for public adjusters; amending s. 626.8698, |
18 | F.S.; designating the Department of Financial Services as |
19 | the appropriate agency responsible for disciplinary action |
20 | against public adjusters; amending s. 626.921, F.S.; |
21 | providing that the department is responsible for approval |
22 | of the surplus lines agent manual; amending s. 626.9531, |
23 | F.S.; revising requirements for identification of |
24 | insurers, agents, and insurance contracts; specifying |
25 | absence of liability and prohibiting causes of action |
26 | against certain agents for insolvency of certain entities |
27 | under certain circumstances; providing definitions; |
28 | amending s. 626.9611, F.S.; requiring that the department |
29 | and Financial Services Commission adopt rules prohibiting |
30 | the use of unfair and deceptive practices in the sale of |
31 | insurance to members of the United States Armed Forces; |
32 | providing limitations; providing an appropriation; |
33 | providing effective dates. |
34 |
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35 | Be It Enacted by the Legislature of the State of Florida: |
36 |
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37 | Section 1. Paragraph (k) of subsection (2) of section |
38 | 626.221, Florida Statutes, is amended to read: |
39 | 626.221 Examination requirement; exemptions.-- |
40 | (2) However, no such examination shall be necessary in any |
41 | of the following cases: |
42 | (k) An applicant for license as an independent or company |
43 | employee adjuster who has the designation of Accredited Claims |
44 | Adjuster (ACA) from a regionally accredited postsecondary |
45 | institution in this state, Professional Claims Adjuster (PCA) |
46 | from the Professional Career Institute, Professional Property |
47 | Insurance Adjuster (PPIA) from the HurriClaim Training Academy, |
48 | Certified Professional Claims Adjuster (CPCA) from ALL LINES |
49 | Training, or Certified Claims Adjuster (CCA) from the |
50 | Association of Property and Casualty Claims Professionals whose |
51 | curriculum has been approved by the department and whose |
52 | curriculum includes comprehensive analysis of basic property and |
53 | casualty lines of insurance and testing at least equal to that |
54 | of standard department testing for the all-lines adjuster |
55 | license. The department shall adopt rules establishing standards |
56 | for the approval of curriculum. |
57 | Section 2. Subsection (2) of section 626.7851, Florida |
58 | Statutes, is amended to read: |
59 | 626.7851 Requirement as to knowledge, experience, or |
60 | instruction.--No applicant for a license as a life agent, except |
61 | for a chartered life underwriter (CLU), shall be qualified or |
62 | licensed unless within the 4 years immediately preceding the |
63 | date the application for a license is filed with the department |
64 | he or she has: |
65 | (2) Successfully completed a correspondence course in |
66 | insurance, 3 hours of which shall be on the subject matter of |
67 | ethics, satisfactory to the department and regularly offered by |
68 | accredited institutions of higher learning in this state or by |
69 | independent programs of study, approved by the department. |
70 | Courses must include instruction on the subject matter of |
71 | unauthorized entities engaging in the business of insurance, to |
72 | include the Florida Nonprofit Multiple-Employer Welfare |
73 | Arrangement Act and the Employee Retirement Income Security Act, |
74 | 29 U.S.C. ss. 1001 et seq., as it relates to the provision of |
75 | life insurance by employers to their employees and the |
76 | regulation thereof; |
77 | Section 3. Subsection (2) of section 626.8311, Florida |
78 | Statutes, is amended to read: |
79 | 626.8311 Requirement as to knowledge, experience, or |
80 | instruction.--No applicant for a license as a health agent, |
81 | except for a chartered life underwriter (CLU), shall be |
82 | qualified or licensed unless within the 4 years immediately |
83 | preceding the date the application for license is filed with the |
84 | department he or she has: |
85 | (2) Successfully completed a correspondence course in |
86 | insurance, 3 hours of which shall be on the subject matter of |
87 | ethics, satisfactory to the department and regularly offered by |
88 | accredited institutions of higher learning in this state or by |
89 | independent programs of study, approved by the department. |
90 | Courses must include instruction on the subject matter of |
91 | unauthorized entities engaging in the business of insurance, to |
92 | include the Florida Nonprofit Multiple-Employer Welfare |
93 | Arrangement Act and the Employee Retirement Income Security Act, |
94 | 29 U.S.C. ss. 1001 et seq., as it relates to the provision of |
95 | health insurance by employers to their employees and the |
96 | regulation thereof; |
97 | Section 4. Effective January 1, 2008, subsection (1) of |
98 | section 626.747, Florida Statutes, is amended to read: |
99 | 626.747 Branch agencies.-- |
100 | (1)(a) Each branch place of business established by an |
101 | agent or agency, firm, corporation, or association shall be in |
102 | the active full-time charge of a licensed general lines agent or |
103 | life or health agent who is appointed to represent one or more |
104 | insurers. Any agent or agency, firm, corporation, or association |
105 | which has established one or more branch places of business |
106 | shall be required to have at least one licensed general lines |
107 | agent who is appointed to represent one or more insurers at each |
108 | location of the agency including its headquarters location. |
109 | (b) Notwithstanding paragraph (a), the licensed agent in |
110 | charge of an insurance agency may also be the agent in charge of |
111 | additional branch office locations of the agency if insurance |
112 | activities requiring licensure as an insurance agent do not |
113 | occur at any location when the agent is not physically present |
114 | and unlicensed employees at the location do not engage in any |
115 | insurance activities requiring licensure as an insurance agent |
116 | or customer service representative. |
117 | Section 5. Subsection (2) of section 626.865, Florida |
118 | Statutes, is amended to read: |
119 | 626.865 Public adjuster's qualifications, bond.-- |
120 | (2) At the time of application for license as a public |
121 | adjuster, the applicant shall file with the department a bond |
122 | executed and issued by a surety insurer authorized to transact |
123 | such business in this state, in the amount of $50,000, |
124 | conditioned for the faithful performance of his or her duties as |
125 | a public adjuster under the license for which the applicant has |
126 | applied, and thereafter maintain the bond unimpaired throughout |
127 | the existence of the license and for at least 1 year after |
128 | termination of the license for. The bond shall be in favor of |
129 | the department and shall specifically authorize recovery by the |
130 | department of the damages sustained in case the licensee is |
131 | guilty of fraud or unfair practices in connection with his or |
132 | her business as public adjuster. The aggregate liability of the |
133 | surety for all such damages shall in no event exceed the amount |
134 | of the bond. Such bond shall not be terminated unless at least |
135 | 30 days' written notice is given to the licensee and filed with |
136 | the department. |
137 | Section 6. Paragraph (c) of subsection (4) of section |
138 | 626.869, Florida Statutes, is amended to read: |
139 | 626.869 License, adjusters.-- |
140 | (4) |
141 | (c) The department shall adopt rules necessary to |
142 | implement and administer the continuing education requirements |
143 | of this subsection. For good cause shown, the department may |
144 | grant an extension of time during which the requirements imposed |
145 | by this section may be completed, but such extension of time may |
146 | not exceed 1 year. |
147 | Section 7. Subsection (1) of section 626.8698, Florida |
148 | Statutes, is amended to read: |
149 | 626.8698 Disciplinary guidelines for public |
150 | adjusters.--The department may deny, suspend, or revoke the |
151 | license of a public adjuster, and administer a fine not to |
152 | exceed $5,000 per act, for any of the following: |
153 | (1) Violating any provision of this chapter or a rule or |
154 | order of the department office or commission; |
155 | Section 8. Paragraphs (a) and (c) of section 626.921, |
156 | Florida Statutes, are amended to read: |
157 | 626.921 Florida Surplus Lines Service Office.-- |
158 | (5)(a) The association shall submit to the office a plan |
159 | of operation, and any amendments thereto, to provide operating |
160 | procedures for the administration of the service office. The |
161 | plan of operation and any amendments thereto shall become |
162 | effective upon approval by order of the office. The association |
163 | shall submit to the department an agents' manual, and any |
164 | amendments thereto, which shall provide administrative |
165 | procedures that surplus lines insurance agents must follow with |
166 | respect to their duties to the service office. The manual shall |
167 | be prepared in cooperation with the department, and any changes, |
168 | updates, or amendments shall be submitted to the department |
169 | before distribution. The manual shall be approved by order of |
170 | the department. |
171 | (c) All surplus lines agents licensed in this state must |
172 | comply with the plan of operation and the agent's manual. |
173 | Section 9. Section 626.9531, Florida Statutes, is amended |
174 | to read: |
175 | 626.9531 Identification of insurers, agents, and insurance |
176 | contracts.-- |
177 | (1) Advertising materials and other communications |
178 | developed by insurers, or other risk bearing entities authorized |
179 | under this code and approved by the office to do business in |
180 | this state, regarding insurance products shall clearly indicate |
181 | that the communication relates to insurance products. When |
182 | soliciting or selling insurance products, agents shall clearly |
183 | indicate to prospective insureds that they are acting as |
184 | insurance agents with regard to insurance products and |
185 | identified insurers, or other risk bearing entities authorized |
186 | under this code and approved by the office to do business in |
187 | this state. |
188 | (2) There shall be no liability on the part of, and no |
189 | cause of action of any nature shall arise against, any licensed |
190 | and appointed insurance agent for the insolvency of any risk |
191 | bearing entity when such entity has been duly authorized or |
192 | approved by the office to do business in this state. However if |
193 | the licensed and appointed agent was a controlling producer, as |
194 | defined in s. 626.7491(2), of the risk bearing entity within 2 |
195 | years preceding the insolvency, the agent is subject to penalty |
196 | as provided in s. 626.7491(8). |
197 | (3) For the purposes of this section, the term "risk |
198 | bearing entity" means a reciprocal insurer as defined in s. |
199 | 629.021, a commercial self-insurance fund as defined in s. |
200 | 624.462, a group self-insurance fund as defined in s. 624.4621, |
201 | a local government self-insurance fund as defined in s. |
202 | 624.4622, a self-insured public utility as defined in s. |
203 | 624.46225, or an independent educational institution self- |
204 | insurance fund as defined in s. 624.4623. For the purposes of |
205 | this section, the term "risk bearing entity" does not include an |
206 | authorized insurer as defined in s. 624.09. |
207 | Section 10. Section 626.9611, Florida Statutes, is amended |
208 | to read: |
209 | 626.9611 Rules.-- |
210 | (1) The department or commission may, in accordance with |
211 | chapter 120, adopt reasonable rules as are necessary or proper |
212 | to identify specific methods of competition or acts or practices |
213 | which are prohibited by s. 626.9541 or s. 626.9551, but the |
214 | rules shall not enlarge upon or extend the provisions of ss. |
215 | 626.9541 and 626.9551. |
216 | (2) The department and the commission shall, in accordance |
217 | with chapter 120, adopt rules to protect members of the United |
218 | States Armed Forces from dishonest or predatory insurance sales |
219 | practices by insurers and insurance agents. The rules shall |
220 | identify specific false, misleading, deceptive, or unfair |
221 | methods of competition, acts, or practices which are prohibited |
222 | by s. 626.9541 or s. 626.9551. The rules shall be based upon |
223 | model rules or model laws adopted by the National Association of |
224 | Insurance Commissioners which identify certain insurance |
225 | practices involving the solicitation or sale of insurance and |
226 | annuities to members of the United States Armed Forces which are |
227 | false, misleading, deceptive, or unfair. |
228 | Section 11. For the 2007-2008 fiscal year, the sum of |
229 | $132,000 in nonrecurring funds is appropriated from the |
230 | Insurance Regulatory Trust Fund to the Department of Financial |
231 | Services for computer system changes necessary to implement the |
232 | provisions of s. 626.747, Florida Statutes. |
233 | Section 12. Except as otherwise expressly provided in this |
234 | act, this act shall take effect July 1, 2007. |