Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2702
                        Barcode 232954
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Banking and Insurance (Deutch) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (k) of subsection (2) of section
19  626.221, Florida Statutes, is amended to read:
20         626.221  Examination requirement; exemptions.--
21         (2)  However, no such examination shall be necessary in
22  any of the following cases:
23         (k)  An applicant for license as an independent or
24  company employee adjuster who has the designation of
25  Accredited Claims Adjuster (ACA) from a regionally accredited
26  postsecondary institution in this state, Professional Claims
27  Adjuster (PCA) from the Professional Career Institute,
28  Professional Property Insurance Adjuster (PPIA) from the
29  HurriClaim Training Academy, or Certified Claims Adjuster
30  (CCA) from the Association of Property and Casualty Claims
31  Professionals whose curriculum has been approved by the
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2702 Barcode 232954 1 department and whose curriculum includes comprehensive 2 analysis of basic property and casualty lines of insurance and 3 testing at least equal to that of standard department testing 4 for the all-lines adjuster license. The department shall adopt 5 rules establishing standards for the approval of curriculum. 6 Section 2. Section 626.7851, Florida Statutes, is 7 amended to read: 8 626.7851 Requirement as to knowledge, experience, or 9 instruction.--No applicant for a license as a life agent, 10 except for a chartered life underwriter (CLU), shall be 11 qualified or licensed unless within the 4 years immediately 12 preceding the date the application for a license is filed with 13 the department he or she has: 14 (1) Successfully completed 40 hours of classroom 15 courses in insurance, 3 hours of which shall be on the subject 16 matter of ethics, satisfactory to the department at a school 17 or college, or extension division thereof, or other authorized 18 course of study, approved by the department. Courses must 19 include instruction on the subject matter of unauthorized 20 entities engaging in the business of insurance, to include the 21 Florida Nonprofit Multiple-Employer Welfare Arrangement Act 22 and the Employee Retirement Income Security Act, 29 U.S.C. ss. 23 1001 et seq., as it relates to the provision of life insurance 24 by employers to their employees and the regulation thereof; 25 (2) Successfully completed a correspondence course in 26 insurance, 3 hours of which shall be on the subject matter of 27 ethics, satisfactory to the department and regularly offered 28 by accredited institutions of higher learning in this state or 29 by independent programs of study, approved by the department. 30 Courses must include instruction on the subject matter of 31 unauthorized entities engaging in the business of insurance, 2 2:23 PM 04/13/07 s2702d-bi30-n02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2702 Barcode 232954 1 to include the Florida Nonprofit Multiple-Employer Welfare 2 Arrangement Act and the Employee Retirement Income Security 3 Act, 29 U.S.C. ss. 1001 et seq., as it relates to the 4 provision of life insurance by employers to their employees 5 and the regulation thereof; 6 (3) Held an active license in life, or life and 7 health, insurance in another state. This provision may not be 8 utilized unless the other state grants reciprocal treatment to 9 licensees formerly licensed in Florida; or 10 (4) Been employed by the department or office for at 11 least 1 year, full time in life or life and health insurance 12 regulatory matters and who was not terminated for cause, and 13 application for examination is made within 90 days after the 14 date of termination of his or her employment with the 15 department or office. 16 Section 3. Section 626.8311, Florida Statutes, is 17 amended to read: 18 626.8311 Requirement as to knowledge, experience, or 19 instruction.--No applicant for a license as a health agent, 20 except for a chartered life underwriter (CLU), shall be 21 qualified or licensed unless within the 4 years immediately 22 preceding the date the application for license is filed with 23 the department he or she has: 24 (1) Successfully completed 40 hours of classroom 25 courses in insurance, 3 hours of which shall be on the subject 26 matter of ethics, satisfactory to the department at a school 27 or college, or extension division thereof, or other authorized 28 course of study, approved by the department. Courses must 29 include instruction on the subject matter of unauthorized 30 entities engaging in the business of insurance, to include the 31 Florida Nonprofit Multiple-Employer Welfare Arrangement Act 3 2:23 PM 04/13/07 s2702d-bi30-n02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2702 Barcode 232954 1 and the Employee Retirement Income Security Act, 29 U.S.C. ss. 2 1001 et seq., as it relates to the provision of health 3 insurance by employers to their employees and the regulation 4 thereof; 5 (2) Successfully completed a correspondence course in 6 insurance, 3 hours of which shall be on the subject matter of 7 ethics, satisfactory to the department and regularly offered 8 by accredited institutions of higher learning in this state or 9 by independent programs of study, approved by the department. 10 Courses must include instruction on the subject matter of 11 unauthorized entities engaging in the business of insurance, 12 to include the Florida Nonprofit Multiple-Employer Welfare 13 Arrangement Act and the Employee Retirement Income Security 14 Act, 29 U.S.C. ss. 1001 et seq., as it relates to the 15 provision of health insurance by employers to their employees 16 and the regulation thereof; 17 (3) Held an active license in health, or life and 18 health, insurance in another state. This provision may not be 19 utilized unless the other state grants reciprocal treatment to 20 licensees formerly licensed in Florida; or 21 (4) Been employed by the department or office for at 22 least 1 year, full time in health insurance regulatory matters 23 and who was not terminated for cause, and application for 24 examination is made within 90 days after the date of 25 termination of his or her employment with the department or 26 office. 27 Section 4. Effective January 1, 2008, subsection (1) 28 of section 626.747, Florida Statutes, is amended to read: 29 626.747 Branch agencies.-- 30 (1)(a) Each branch place of business established by an 31 agent or agency, firm, corporation, or association shall be in 4 2:23 PM 04/13/07 s2702d-bi30-n02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2702 Barcode 232954 1 the active full-time charge of a licensed general lines agent 2 or life or health agent who is appointed to represent one or 3 more insurers. Any agent or agency, firm, corporation, or 4 association which has established one or more branch places of 5 business shall be required to have at least one licensed 6 general lines agent who is appointed to represent one or more 7 insurers at each location of the agency including its 8 headquarters location. 9 (b) Notwithstanding paragraph (a), the licensed agent 10 in charge of an insurance agency may also be the agent in 11 charge of additional branch office locations of the agency if 12 insurance activities requiring licensure as an insurance agent 13 do not occur at any location when the agent is not physically 14 present and unlicensed employees at the location do not engage 15 in any insurance activities requiring licensure as an 16 insurance agent or customer service representative. 17 Section 5. Subsection (2) of section 626.865, Florida 18 Statutes, is amended to read: 19 626.865 Public adjuster's qualifications, bond.-- 20 (2) At the time of application for license as a public 21 adjuster, the applicant shall file with the department a bond 22 executed and issued by a surety insurer authorized to transact 23 such business in this state, in the amount of $50,000, 24 conditioned for the faithful performance of his or her duties 25 as a public adjuster under the license for which the applicant 26 has applied, and thereafter maintain the bond unimpaired 27 throughout the existence of the license and for at least 1 28 year after termination of the license for. The bond shall be 29 in favor of the department and shall specifically authorize 30 recovery by the department of the damages sustained in case 31 the licensee is guilty of fraud or unfair practices in 5 2:23 PM 04/13/07 s2702d-bi30-n02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2702 Barcode 232954 1 connection with his or her business as public adjuster. The 2 aggregate liability of the surety for all such damages shall 3 in no event exceed the amount of the bond. Such bond shall 4 not be terminated unless at least 30 days' written notice is 5 given to the licensee and filed with the department. 6 Section 6. Paragraph (c) of subsection (4) of section 7 626.869, Florida Statutes, is amended to read: 8 626.869 License, adjusters.-- 9 (4) 10 (c) The department shall adopt rules necessary to 11 implement and administer the continuing education requirements 12 of this subsection. For good cause shown, the department may 13 grant an extension of time during which the requirements 14 imposed by this section may be completed, but such extension 15 of time may not exceed 1 year. 16 Section 7. Section 626.8698, Florida Statutes, is 17 amended to read: 18 626.8698 Disciplinary guidelines for public 19 adjusters.--The department may deny, suspend, or revoke the 20 license of a public adjuster, and administer a fine not to 21 exceed $5,000 per act, for any of the following: 22 (1) Violating any provision of this chapter or a rule 23 or order of the department office or commission; 24 (2) Receiving payment or anything of value as a result 25 of an unfair or deceptive practice; 26 (3) Receiving or accepting any fee, kickback, or other 27 thing of value pursuant to any agreement or understanding, 28 oral or otherwise; entering into a split-fee arrangement with 29 another person who is not a public adjuster; or being 30 otherwise paid or accepting payment for services that have not 31 been performed; 6 2:23 PM 04/13/07 s2702d-bi30-n02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2702 Barcode 232954 1 (4) Violating s. 316.066 or s. 817.234; 2 (5) Soliciting or otherwise taking advantage of a 3 person who is vulnerable, emotional, or otherwise upset as the 4 result of a trauma, accident, or other similar occurrence; or 5 (6) Violating any ethical rule of the department. 6 Section 8. Paragraphs (a) and (c) of section 626.921, 7 Florida Statutes, are amended to read: 8 626.921 Florida Surplus Lines Service Office.-- 9 (5)(a) The association shall submit to the office a 10 plan of operation, and any amendments thereto, to provide 11 operating procedures for the administration of the service 12 office. The plan of operation and any amendments thereto shall 13 become effective upon approval by order of the office. The 14 association shall submit to the department an agents' manual, 15 and any amendments thereto, which shall provide administrative 16 procedures that surplus lines insurance agents must follow 17 with respect to their duties to the service office. The manual 18 shall be prepared in cooperation with the department, and any 19 changes, updates, or amendments shall be submitted to the 20 department before distribution. The manual shall be approved 21 by order of the department. 22 (c) All surplus lines agents licensed in this state 23 must comply with the plan of operation and the agent's manual. 24 Section 9. Section 626.9611, Florida Statutes, is 25 amended to read: 26 626.9611 Rules.-- 27 (1) The department or commission may, in accordance 28 with chapter 120, adopt reasonable rules as are necessary or 29 proper to identify specific methods of competition or acts or 30 practices which are prohibited by s. 626.9541 or s. 626.9551, 31 but the rules shall not enlarge upon or extend the provisions 7 2:23 PM 04/13/07 s2702d-bi30-n02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2702 Barcode 232954 1 of ss. 626.9541 and 626.9551. 2 (2) The department and the commission shall, in 3 accordance with chapter 120, adopt rules to protect members of 4 the United States Armed Forces from dishonest or predatory 5 insurance sales practices by insurers and insurance agents. 6 The rules shall identify specific false, misleading, 7 deceptive, or unfair methods of competition, acts, or 8 practices which are prohibited by s. 626.9541 or s. 626.9551. 9 The rules shall be based upon model rules or model laws 10 adopted by the National Association of Insurance Commissioners 11 which identify certain insurance practices involving the 12 solicitation or sale of insurance and annuities to members of 13 the United States Armed Forces which are false, misleading, 14 deceptive, or unfair. 15 Section 10. For the 2007-2008 fiscal year, the sum of 16 $132,000 in nonrecurring funds is appropriated from the 17 Insurance Regulatory Trust Fund to the Department of Financial 18 Services for computer system changes necessary to implement 19 the provisions of s. 626.747, Florida Statutes. 20 Section 11. Except as otherwise expressly provided in 21 this act, this act shall take effect July 1, 2007. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 Delete everything before the enacting clause 27 28 and insert: 29 A bill to be entitled 30 An act relating to insurance representatives; 31 amending s. 626.221, F.S.; providing an 8 2:23 PM 04/13/07 s2702d-bi30-n02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2702 Barcode 232954 1 exemption from the required written examination 2 to certain applicants for licensure as a claims 3 adjuster; amending s. 626.7851, F.S.; 4 authorizing certain programs to offer 5 correspondence courses to applicants for 6 licensure as a life insurance agent; amending 7 s. 626.8311, F.S.; authorizing certain programs 8 to offer correspondence courses to applicants 9 for licensure as a health insurance agent; 10 amending s. 626.747, F.S.; authorizing certain 11 licensed agents to be the agent in charge of 12 branch locations under certain circumstances; 13 amending s. 626.865, F.S.; requiring public 14 adjusters to maintain their surety bond 15 unimpaired for a certain period; amending s. 16 626.869, F.S.; authorizing an extension of time 17 to complete continuing education requirements 18 for public adjusters; amending s. 626.8698, 19 F.S.; designating the Department of Financial 20 Services as the appropriate agency responsible 21 for disciplinary action against public 22 adjusters; amending s. 626.921, F.S.; providing 23 that the department is responsible for approval 24 of the surplus lines agent manual; amending s. 25 626.9611, F.S.; requiring that the department 26 adopt rules prohibiting the use of unfair and 27 deceptive practices in the sale of insurance to 28 members of the United States Armed Forces; 29 providing limitations; providing an 30 appropriation; providing effective dates. 31 9 2:23 PM 04/13/07 s2702d-bi30-n02