| 1 | A bill to be entitled |
| 2 | An act relating to insurance; amending s. 626.112, F.S.; |
| 3 | authorizing certain agencies designated as a branch office |
| 4 | to file an application for registration in lieu of |
| 5 | licensure; amending s. 626.221, F.S.; providing an |
| 6 | exemption from the required written examination to certain |
| 7 | applicants for licensure as a claims adjuster; amending s. |
| 8 | 626.7851, F.S.; authorizing certain programs to offer |
| 9 | correspondence courses to applicants for licensure as a |
| 10 | life insurance agent; amending s. 626.8311, F.S.; |
| 11 | authorizing certain programs to offer correspondence |
| 12 | courses to applicants for licensure as a health insurance |
| 13 | agent; amending s. 626.747, F.S.; authorizing certain |
| 14 | licensed agents to be the agent in charge of branch |
| 15 | locations under certain circumstances; amending s. |
| 16 | 626.865, F.S.; requiring public adjusters to maintain |
| 17 | their surety bond unimpaired for a certain period; |
| 18 | amending s. 626.869, F.S.; authorizing an extension of |
| 19 | time to complete continuing education requirements for |
| 20 | public adjusters; amending s. 626.8698, F.S.; designating |
| 21 | the Department of Financial Services as the appropriate |
| 22 | agency responsible for disciplinary action against public |
| 23 | adjusters; amending s. 626.921, F.S.; providing that the |
| 24 | department is responsible for approval of the surplus |
| 25 | lines agent manual; amending s. 626.9531, F.S.; revising |
| 26 | requirements for identification of insurers, agents, and |
| 27 | insurance contracts; specifying absence of liability and |
| 28 | prohibiting causes of action against certain agents for |
| 29 | insolvency of certain entities under certain |
| 30 | circumstances; providing definitions; amending s. |
| 31 | 626.9611, F.S.; requiring that the department and |
| 32 | Financial Services Commission adopt rules prohibiting the |
| 33 | use of unfair and deceptive practices in the sale of |
| 34 | insurance to members of the United States Armed Forces; |
| 35 | providing limitations; providing an appropriation; |
| 36 | providing effective dates. |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 40 | Section 1. Paragraph (a) of subsection (7) of section |
| 41 | 626.112, Florida Statutes, is amended to read: |
| 42 | 626.112 License and appointment required; agents, customer |
| 43 | representatives, adjusters, insurance agencies, service |
| 44 | representatives, managing general agents.-- |
| 45 | (7)(a) Effective October 1, 2006, no individual, firm, |
| 46 | partnership, corporation, association, or any other entity shall |
| 47 | act in its own name or under a trade name, directly or |
| 48 | indirectly, as an insurance agency, unless it complies with s. |
| 49 | 626.172 with respect to possessing an insurance agency license |
| 50 | for each place of business at which it engages in any activity |
| 51 | which may be performed only by a licensed insurance agent. Each |
| 52 | agency engaged in business in this state before January 1, 2003, |
| 53 | which is wholly owned by insurance agents currently licensed and |
| 54 | appointed under this chapter, each incorporated agency whose |
| 55 | voting shares are traded on a securities exchange, each agency |
| 56 | designated and subject to supervision and inspection as a branch |
| 57 | office under the rules of the National Association of Securities |
| 58 | Dealers, and each agency whose primary function is offering |
| 59 | insurance as a service or member benefit to members of a |
| 60 | nonprofit corporation may file an application for registration |
| 61 | in lieu of licensure in accordance with s. 626.172(3). Each |
| 62 | agency engaged in business before October 1, 2006, shall file an |
| 63 | application for licensure or registration on or before October |
| 64 | 1, 2006. |
| 65 | 1. If an agency is required to be licensed but fails to |
| 66 | file an application for licensure in accordance with this |
| 67 | section, the department shall impose on the agency an |
| 68 | administrative penalty in an amount of up to $10,000. |
| 69 | 2. If an agency is eligible for registration but fails to |
| 70 | file an application for registration or an application for |
| 71 | licensure in accordance with this section, the department shall |
| 72 | impose on the agency an administrative penalty in an amount of |
| 73 | up to $5,000. |
| 74 | Section 2. Paragraph (k) of subsection (2) of section |
| 75 | 626.221, Florida Statutes, is amended to read: |
| 76 | 626.221 Examination requirement; exemptions.-- |
| 77 | (2) However, no such examination shall be necessary in any |
| 78 | of the following cases: |
| 79 | (k) An applicant for license as an independent or company |
| 80 | employee adjuster who has the designation of Accredited Claims |
| 81 | Adjuster (ACA) from a regionally accredited postsecondary |
| 82 | institution in this state, Professional Claims Adjuster (PCA) |
| 83 | from the Professional Career Institute, Professional Property |
| 84 | Insurance Adjuster (PPIA) from the HurriClaim Training Academy, |
| 85 | Certified Adjuster (CA) from ALL LINES Training, or Certified |
| 86 | Claims Adjuster (CCA) from the Association of Property and |
| 87 | Casualty Claims Professionals whose curriculum has been approved |
| 88 | by the department and whose curriculum includes comprehensive |
| 89 | analysis of basic property and casualty lines of insurance and |
| 90 | testing at least equal to that of standard department testing |
| 91 | for the all-lines adjuster license. The department shall adopt |
| 92 | rules establishing standards for the approval of curriculum. |
| 93 | Section 2. Subsection (2) of section 626.7851, Florida |
| 94 | Statutes, is amended to read: |
| 95 | 626.7851 Requirement as to knowledge, experience, or |
| 96 | instruction.--No applicant for a license as a life agent, except |
| 97 | for a chartered life underwriter (CLU), shall be qualified or |
| 98 | licensed unless within the 4 years immediately preceding the |
| 99 | date the application for a license is filed with the department |
| 100 | he or she has: |
| 101 | (2) Successfully completed a correspondence course in |
| 102 | insurance, 3 hours of which shall be on the subject matter of |
| 103 | ethics, satisfactory to the department and regularly offered by |
| 104 | accredited institutions of higher learning in this state or by |
| 105 | independent programs of study, approved by the department. |
| 106 | Courses must include instruction on the subject matter of |
| 107 | unauthorized entities engaging in the business of insurance, to |
| 108 | include the Florida Nonprofit Multiple-Employer Welfare |
| 109 | Arrangement Act and the Employee Retirement Income Security Act, |
| 110 | 29 U.S.C. ss. 1001 et seq., as it relates to the provision of |
| 111 | life insurance by employers to their employees and the |
| 112 | regulation thereof; |
| 113 | Section 3. Subsection (2) of section 626.8311, Florida |
| 114 | Statutes, is amended to read: |
| 115 | 626.8311 Requirement as to knowledge, experience, or |
| 116 | instruction.--No applicant for a license as a health agent, |
| 117 | except for a chartered life underwriter (CLU), shall be |
| 118 | qualified or licensed unless within the 4 years immediately |
| 119 | preceding the date the application for license is filed with the |
| 120 | department he or she has: |
| 121 | (2) Successfully completed a correspondence course in |
| 122 | insurance, 3 hours of which shall be on the subject matter of |
| 123 | ethics, satisfactory to the department and regularly offered by |
| 124 | accredited institutions of higher learning in this state or by |
| 125 | independent programs of study, approved by the department. |
| 126 | Courses must include instruction on the subject matter of |
| 127 | unauthorized entities engaging in the business of insurance, to |
| 128 | include the Florida Nonprofit Multiple-Employer Welfare |
| 129 | Arrangement Act and the Employee Retirement Income Security Act, |
| 130 | 29 U.S.C. ss. 1001 et seq., as it relates to the provision of |
| 131 | health insurance by employers to their employees and the |
| 132 | regulation thereof; |
| 133 | Section 4. Effective January 1, 2008, subsection (1) of |
| 134 | section 626.747, Florida Statutes, is amended to read: |
| 135 | 626.747 Branch agencies.-- |
| 136 | (1)(a) Each branch place of business established by an |
| 137 | agent or agency, firm, corporation, or association shall be in |
| 138 | the active full-time charge of a licensed general lines agent or |
| 139 | life or health agent who is appointed to represent one or more |
| 140 | insurers. Any agent or agency, firm, corporation, or association |
| 141 | which has established one or more branch places of business |
| 142 | shall be required to have at least one licensed general lines |
| 143 | agent who is appointed to represent one or more insurers at each |
| 144 | location of the agency including its headquarters location. |
| 145 | (b) Notwithstanding paragraph (a), the licensed agent in |
| 146 | charge of an insurance agency may also be the agent in charge of |
| 147 | additional branch office locations of the agency if insurance |
| 148 | activities requiring licensure as an insurance agent do not |
| 149 | occur at any location when the agent is not physically present |
| 150 | and unlicensed employees at the location do not engage in any |
| 151 | insurance activities requiring licensure as an insurance agent |
| 152 | or customer service representative. |
| 153 | Section 5. Subsection (2) of section 626.865, Florida |
| 154 | Statutes, is amended to read: |
| 155 | 626.865 Public adjuster's qualifications, bond.-- |
| 156 | (2) At the time of application for license as a public |
| 157 | adjuster, the applicant shall file with the department a bond |
| 158 | executed and issued by a surety insurer authorized to transact |
| 159 | such business in this state, in the amount of $50,000, |
| 160 | conditioned for the faithful performance of his or her duties as |
| 161 | a public adjuster under the license for which the applicant has |
| 162 | applied, and thereafter maintain the bond unimpaired throughout |
| 163 | the existence of the license and for at least 1 year after |
| 164 | termination of the license for. The bond shall be in favor of |
| 165 | the department and shall specifically authorize recovery by the |
| 166 | department of the damages sustained in case the licensee is |
| 167 | guilty of fraud or unfair practices in connection with his or |
| 168 | her business as public adjuster. The aggregate liability of the |
| 169 | surety for all such damages shall in no event exceed the amount |
| 170 | of the bond. Such bond shall not be terminated unless at least |
| 171 | 30 days' written notice is given to the licensee and filed with |
| 172 | the department. |
| 173 | Section 6. Paragraph (c) of subsection (4) of section |
| 174 | 626.869, Florida Statutes, is amended to read: |
| 175 | 626.869 License, adjusters.-- |
| 176 | (4) |
| 177 | (c) The department shall adopt rules necessary to |
| 178 | implement and administer the continuing education requirements |
| 179 | of this subsection. For good cause shown, the department may |
| 180 | grant an extension of time during which the requirements imposed |
| 181 | by this section may be completed, but such extension of time may |
| 182 | not exceed 1 year. |
| 183 | Section 7. Subsection (1) of section 626.8698, Florida |
| 184 | Statutes, is amended to read: |
| 185 | 626.8698 Disciplinary guidelines for public |
| 186 | adjusters.--The department may deny, suspend, or revoke the |
| 187 | license of a public adjuster, and administer a fine not to |
| 188 | exceed $5,000 per act, for any of the following: |
| 189 | (1) Violating any provision of this chapter or a rule or |
| 190 | order of the department office or commission; |
| 191 | Section 8. Paragraphs (a) and (c) of section 626.921, |
| 192 | Florida Statutes, are amended to read: |
| 193 | 626.921 Florida Surplus Lines Service Office.-- |
| 194 | (5)(a) The association shall submit to the office a plan |
| 195 | of operation, and any amendments thereto, to provide operating |
| 196 | procedures for the administration of the service office. The |
| 197 | plan of operation and any amendments thereto shall become |
| 198 | effective upon approval by order of the office. The association |
| 199 | shall submit to the department an agents' manual, and any |
| 200 | amendments thereto, which shall provide administrative |
| 201 | procedures that surplus lines insurance agents must follow with |
| 202 | respect to their duties to the service office. The manual shall |
| 203 | be prepared in cooperation with the department, and any changes, |
| 204 | updates, or amendments shall be submitted to the department |
| 205 | before distribution. The manual shall be approved by order of |
| 206 | the department. |
| 207 | (c) All surplus lines agents licensed in this state must |
| 208 | comply with the plan of operation and the agent's manual. |
| 209 | Section 9. Section 626.9531, Florida Statutes, is amended |
| 210 | to read: |
| 211 | 626.9531 Identification of insurers, agents, and insurance |
| 212 | contracts.-- |
| 213 | (1) Advertising materials and other communications |
| 214 | developed by insurers, or other risk bearing entities authorized |
| 215 | under this code and approved by the office to do business in |
| 216 | this state, regarding insurance products shall clearly indicate |
| 217 | that the communication relates to insurance products. When |
| 218 | soliciting or selling insurance products, agents shall clearly |
| 219 | indicate to prospective insureds that they are acting as |
| 220 | insurance agents with regard to insurance products and |
| 221 | identified insurers, or other risk bearing entities authorized |
| 222 | under this code and approved by the office to do business in |
| 223 | this state. |
| 224 | (2) There shall be no liability to the insured on the part |
| 225 | of, and no cause of action of any nature shall arise against, |
| 226 | any licensed and appointed insurance agent for the insolvency of |
| 227 | any risk bearing entity when such entity has been duly |
| 228 | authorized or approved by the office to do business in this |
| 229 | state. However if the licensed and appointed agent was a |
| 230 | controlling producer, as defined in s. 626.7491(2), of the risk |
| 231 | bearing entity within 2 years preceding the insolvency, the |
| 232 | agent is subject to penalty as provided in s. 626.7491(8). |
| 233 | (3) For the purposes of this section, the term "risk |
| 234 | bearing entity" means a reciprocal insurer as defined in s. |
| 235 | 629.021, a commercial self-insurance fund as defined in s. |
| 236 | 624.462, a group self-insurance fund as defined in s. 624.4621, |
| 237 | a local government self-insurance fund as defined in s. |
| 238 | 624.4622, a self-insured public utility as defined in s. |
| 239 | 624.46225, or an independent educational institution self- |
| 240 | insurance fund as defined in s. 624.4623. For the purposes of |
| 241 | this section, the term "risk bearing entity" does not include an |
| 242 | authorized insurer as defined in s. 624.09. |
| 243 | Section 10. Section 626.9611, Florida Statutes, is amended |
| 244 | to read: |
| 245 | 626.9611 Rules.-- |
| 246 | (1) The department or commission may, in accordance with |
| 247 | chapter 120, adopt reasonable rules as are necessary or proper |
| 248 | to identify specific methods of competition or acts or practices |
| 249 | which are prohibited by s. 626.9541 or s. 626.9551, but the |
| 250 | rules shall not enlarge upon or extend the provisions of ss. |
| 251 | 626.9541 and 626.9551. |
| 252 | (2) The department and the commission shall, in accordance |
| 253 | with chapter 120, adopt rules to protect members of the United |
| 254 | States Armed Forces from dishonest or predatory insurance sales |
| 255 | practices by insurers and insurance agents. The rules shall |
| 256 | identify specific false, misleading, deceptive, or unfair |
| 257 | methods of competition, acts, or practices which are prohibited |
| 258 | by s. 626.9541 or s. 626.9551. The rules shall be based upon |
| 259 | model rules or model laws adopted by the National Association of |
| 260 | Insurance Commissioners which identify certain insurance |
| 261 | practices involving the solicitation or sale of insurance and |
| 262 | annuities to members of the United States Armed Forces which are |
| 263 | false, misleading, deceptive, or unfair. |
| 264 | Section 11. For the 2007-2008 fiscal year, the sum of |
| 265 | $132,000 in nonrecurring funds is appropriated from the |
| 266 | Insurance Regulatory Trust Fund to the Department of Financial |
| 267 | Services for computer system changes necessary to implement the |
| 268 | provisions of s. 626.747, Florida Statutes. |
| 269 | Section 12. Except as otherwise expressly provided in this |
| 270 | act, this act shall take effect July 1, 2007. |