Senate Bill sb1678c2

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    Florida Senate - 2007                    CS for CS for SB 1678

    By the Committees on Regulated Industries; Banking and
    Insurance; and Senator Haridopolos




    580-2334-07

  1                      A bill to be entitled

  2         An act relating to limited insurance licenses;

  3         amending s. 624.501, F.S.; providing

  4         appointment fees for motor vehicle rental

  5         insurance agents; amending s. 626.321, F.S.;

  6         providing for limited licenses to transact

  7         travel insurance; specifying authorized

  8         entities; specifying applicable coverage;

  9         providing limitations; providing entity

10         training requirements; providing for limited

11         licenses to transact motor vehicle rental

12         insurance; specifying authorized entities;

13         specifying applicable coverage; providing

14         limitations; providing application

15         requirements; providing responsibilities of

16         licensees; providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Subsection (9) of section 624.501, Florida

21  Statutes, is amended to read:

22         624.501  Filing, license, appointment, and

23  miscellaneous fees.--The department, commission, or office, as

24  appropriate, shall collect in advance, and persons so served

25  shall pay to it in advance, fees, licenses, and miscellaneous

26  charges as follows:

27         (9)(a)  Except as provided in paragraph (b), all

28  limited appointments as agent, as provided for in s. 626.321.

29  Agent's original appointment and biennial renewal or

30  continuation thereof, each insurer:

31         Appointment fee..................................$42.00

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    Florida Senate - 2007                    CS for CS for SB 1678
    580-2334-07




 1         State tax.........................................12.00

 2         County tax.........................................6.00

 3  Total...................................................$60.00

 4         (b)  For all limited appointments as agent as provided

 5  for in s. 626.321(1)(d), the agent's original appointment and

 6  biennial renewal or continuation thereof for each insurer

 7  shall be equal to the number of offices, branch offices, or

 8  places of business covered by the license multiplied by the

 9  fees set forth in paragraph (a).

10         Section 2.  Paragraphs (c) and (d) of subsection (1) of

11  section 626.321, Florida Statutes, are amended, and subsection

12  (5) is added to that section, to read:

13         626.321  Limited licenses.--

14         (1)  The department shall issue to a qualified

15  individual, or a qualified individual or entity under

16  paragraphs (c), (d), (e), and (i), a license as agent

17  authorized to transact a limited class of business in any of

18  the following categories:

19         (c)  Travel Personal accident insurance.--License

20  covering only policies and certificates of travel personal

21  accident insurance, which are subject to review by the office

22  under s. 624.605(1)(g) covering the risks of travel, except as

23  provided in subparagraph 2. Policies and certificates of

24  travel insurance may provide coverage for risks incidental to

25  travel or planned travel or accommodations while traveling,

26  including, but not limited to, accidental death and

27  dismemberment of a traveler; trip cancellation, interruption,

28  or delay; loss of or damage to personal effects or travel

29  documents; baggage delay; emergency medical travel or

30  evacuation of a traveler; or medical, surgical, and hospital

31  expenses related to an illness or emergency of a traveler. Any

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    Florida Senate - 2007                    CS for CS for SB 1678
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 1  such policy or certificate may be issued for terms longer than

 2  60 days, but each policy or certificate must be limited to

 3  coverage for travel or use of accommodations of no longer than

 4  60 days. The license may be issued only:

 5         1.  To a full-time salaried employee of a common

 6  carrier or a full-time salaried employee or owner of a

 7  transportation ticket agency and may authorize the sale of

 8  such ticket policies only in connection with the sale of

 9  transportation tickets, or to the full-time salaried employee

10  of such an agent. No such policy shall be for a duration of

11  more than 48 hours or for the duration of a specified one-way

12  trip or round trip.

13         2.  To an entity or individual that is:

14         a.  The developer of a timeshare plan that is the

15  subject of an approved public offering statement under chapter

16  721;

17         b.  An exchange company operating an exchange program

18  approved under chapter 721;

19         c.  A managing entity operating a timeshare plan

20  approved under chapter 721;

21         d.  A seller of travel as defined in chapter 559; or

22         e.  A subsidiary or affiliate of any of the entities

23  described in sub-subparagraphs a.-d.

24  

25  A licensee shall require each employee who offers policies or

26  certificates under this subparagraph to receive initial

27  training from a general lines agent or an insurer authorized

28  under chapter 624 to transact insurance within this state. For

29  an entity applying for a license as a travel insurance agent,

30  the fingerprinting requirement of this section applies only to

31  the president, secretary, and treasurer and to any other

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    Florida Senate - 2007                    CS for CS for SB 1678
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 1  officer or person who directs or controls the travel insurance

 2  operations of the entity. To a full-time salaried employee of

 3  a business which offers motor vehicles for rent or lease, or

 4  to a business entity which offers motor vehicles for rent or

 5  lease. A business office licensed or a person licensed

 6  pursuant to this subparagraph may, as an agent of an insurer,

 7  transact insurance that provides coverage for accidental

 8  personal injury or death of the lessee and any passenger who

 9  is riding or driving with the covered lessee in the rental

10  motor vehicle if the lease or rental agreement is for not more

11  than 30 days, or if the lessee is not provided coverage for

12  more than 30 consecutive days per lease period; however, if

13  the lease is extended beyond 30 days, the coverage may be

14  extended one time only for a period not to exceed an

15  additional 30 days.

16         (d)  Baggage and Motor vehicle rental excess liability

17  insurance.--

18         1.  License covering only insurance of the risks set

19  forth in this paragraph when offered, sold, or solicited with

20  and incidental to the rental or lease of a motor vehicle and

21  which applies only to the motor vehicle that is the subject of

22  the lease or rental agreement and occupants of the motor

23  vehicle:

24         a.  Excess motor vehicle liability insurance providing

25  coverage in excess of the standard liability limits provided

26  by the lessor in its lease to a person renting or leasing a

27  motor vehicle from the licensee's employer for liability

28  arising in connection with the negligent operation of the

29  leased or rented motor vehicle.

30         b.  Insurance covering the liability of the lessee to

31  the lessor for damage to the leased or rented motor vehicle.

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    Florida Senate - 2007                    CS for CS for SB 1678
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 1         c.  Insurance covering the loss of or damage to

 2  baggage, personal effects, or travel documents of a person

 3  renting or leasing a motor vehicle.

 4         d.  Insurance covering accidental personal injury or

 5  death of the lessee and any passenger who is riding or driving

 6  with the covered lessee in the leased or rented motor vehicle.

 7         2.  Insurance under this license may be issued only if

 8  the lease or rental agreement is for no more than 60 days; the

 9  lessee is not provided coverage for more than 60 consecutive

10  days per lease period; and the lessee is given written notice

11  that his or her personal insurance policy providing coverage

12  on an owned motor vehicle may provide coverage of these risks

13  and that the purchase of the insurance is not required in

14  connection with the lease or rental of a motor vehicle. If the

15  lease is extended beyond 60 days, the coverage may be extended

16  one time only for a period not to exceed an additional 60

17  days. Insurance may be provided to the lessee as an additional

18  insured on a policy issued to the licensee's employer.

19  personal effects except as provided in subparagraph 2.

20         3.  The license may be issued only:

21         a.  To a full-time salaried employee of a common

22  carrier or a full-time salaried employee or owner of a

23  transportation ticket agency, which person is engaged in the

24  sale or handling of transportation of baggage and personal

25  effects of travelers, and may authorize the sale of such

26  insurance only in connection with such transportation; or

27         b.  to the full-time salaried employee of a licensed

28  general lines agent or to a business entity that offers motor

29  vehicles for rent or lease if insurance sales activities

30  authorized by the license are in connection with and

31  incidental to the rental or lease of a motor vehicle.

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    Florida Senate - 2007                    CS for CS for SB 1678
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 1         a.  A license issued to a business entity that offers

 2  motor vehicles for rent or lease must license each office,

 3  branch office, or place of business making use of the entity's

 4  business name in order to offer, solicit, and sell insurance

 5  pursuant to this paragraph.

 6         b.  The application for licensure must list the name,

 7  address, and phone number for each office, branch office, or

 8  place of business that is to be covered by the license. The

 9  licensee shall notify the department of the name, address, and

10  phone number of any new location that is to be covered by the

11  license before the office, branch office, or place of business

12  engages in the sale of insurance pursuant to this paragraph.

13  The licensee shall notify the department within 30 days after

14  closing or terminating an office, branch office, or place of

15  business. Upon receipt of the notice, the department shall

16  delete the office, branch office, or place of business from

17  the license. An entity applying for a license under this

18  sub-subparagraph:

19         (I)  Is required to submit only one application for a

20  license under s. 626.171. The requirements of s. 626.171(4)

21  shall apply only to the officers and directors of the entity

22  submitting the application.

23         (II)  Is required to obtain a license for each office,

24  branch office, or place of business making use of the entity's

25  business name by applying to the department for the license on

26  a simplified application form developed by rule of the

27  department for this purpose.

28         (III)  Is required to pay the applicable fees for a

29  license as prescribed in s. 624.501, be appointed under s.

30  626.112, and pay the prescribed appointment fee under s.

31  624.501.

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    Florida Senate - 2007                    CS for CS for SB 1678
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 1         c.  A licensed and appointed entity is shall be

 2  directly responsible and accountable for all acts of the

 3  licensee's employees.

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 5  The purchaser of baggage insurance shall be provided written

 6  information disclosing that the insured's homeowner's policy

 7  may provide coverage for loss of personal effects and that the

 8  purchase of such insurance is not required in connection with

 9  the purchase of tickets or in connection with the lease or

10  rental of a motor vehicle.

11         2.  A business entity that offers motor vehicles for

12  rent or lease, may include lessees under a master contract

13  providing coverage to the lessor or may transact excess motor

14  vehicle liability insurance providing coverage in excess of

15  the standard liability limits provided by the lessor in its

16  lease to a person renting or leasing a motor vehicle from the

17  licensee's employer for liability arising in connection with

18  the negligent operation of the leased or rented motor vehicle,

19  provided that the lease or rental agreement is for not more

20  than 30 days; that the lessee is not provided coverage for

21  more than 30 consecutive days per lease period, and, if the

22  lease is extended beyond 30 days, the coverage may be extended

23  one time only for a period not to exceed an additional 30

24  days; that the lessee is given written notice that his or her

25  personal insurance policy providing coverage on an owned motor

26  vehicle may provide additional excess coverage; and that the

27  purchase of the insurance is not required in connection with

28  the lease or rental of a motor vehicle.  The excess liability

29  insurance may be provided to the lessee as an additional

30  insured on a policy issued to the licensee's employer.

31  

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    Florida Senate - 2007                    CS for CS for SB 1678
    580-2334-07




 1         3.  A business entity that offers motor vehicles for

 2  rent or lease, may, as an agent of an insurer, transact

 3  insurance that provides coverage for the liability of the

 4  lessee to the lessor for damage to the leased or rented motor

 5  vehicle if:

 6         a.  The lease or rental agreement is for not more than

 7  30 days; or the lessee is not provided coverage for more than

 8  30 consecutive days per lease period, but, if the lease is

 9  extended beyond 30 days, the coverage may be extended one time

10  only for a period not to exceed an additional 30 days;

11         b.  The lessee is given written notice that his or her

12  personal insurance policy that provides coverage on an owned

13  motor vehicle may provide such coverage with or without a

14  deductible; and

15         c.  The purchase of the insurance is not required in

16  connection with the lease or rental of a motor vehicle.

17         (5)  This section does not permit the sale of an

18  insurance policy or certificate for any limited class of

19  business in a category identified under subsection (1) by a

20  person or entity other than an insurance policy or certificate

21  offered by an authorized insurer in this state or an eligible

22  surplus lines insurer in this state.

23         Section 3.  This act shall take effect January 1, 2008.

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    Florida Senate - 2007                    CS for CS for SB 1678
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 1678

 3                                 

 4  The committee substitute for committee substitute (CS/CS) does
    not create s. 624.6082, F.S., to define the term "travel
 5  insurance."

 6  The CS/CS amends s. 626.321(1), F.S., to define the term
    "travel insurance."
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    The CS/CS creates s. 626.321(5), F.S., to clarify that the
 8  limited insurance policies or certificates may only be sold by
    an authorized insurer or surplus lines insurer.
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