Senate Bill sb2702c1

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    Florida Senate - 2007                           CS for SB 2702

    By the Committee on Banking and Insurance; and Senator
    Aronberg




    597-2470-07

  1                      A bill to be entitled

  2         An act relating to insurance representatives;

  3         amending s. 626.221, F.S.; providing an

  4         exemption from the required written examination

  5         to certain applicants for licensure as a claims

  6         adjuster; amending s. 626.7851, F.S.;

  7         authorizing certain programs to offer

  8         correspondence courses to applicants for

  9         licensure as a life insurance agent; amending

10         s. 626.8311, F.S.; authorizing certain programs

11         to offer correspondence courses to applicants

12         for licensure as a health insurance agent;

13         amending s. 626.747, F.S.; authorizing certain

14         licensed agents to be the agent in charge of

15         branch locations under certain circumstances;

16         amending s. 626.865, F.S.; requiring public

17         adjusters to maintain their surety bond

18         unimpaired for a certain period; amending s.

19         626.869, F.S.; authorizing an extension of time

20         to complete continuing education requirements

21         for public adjusters; amending s. 626.8698,

22         F.S.; designating the Department of Financial

23         Services as the appropriate agency responsible

24         for disciplinary action against public

25         adjusters; amending s. 626.921, F.S.; providing

26         that the department is responsible for approval

27         of the surplus lines agent manual; amending s.

28         626.9611, F.S.; requiring that the department

29         adopt rules prohibiting the use of unfair and

30         deceptive practices in the sale of insurance to

31         members of the United States Armed Forces;

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    Florida Senate - 2007                           CS for SB 2702
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 1         providing limitations; providing an

 2         appropriation; providing effective dates.

 3  

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

 5  

 6         Section 1.  Paragraph (k) of subsection (2) of section

 7  626.221, Florida Statutes, is amended to read:

 8         626.221  Examination requirement; exemptions.--

 9         (2)  However, no such examination shall be necessary in

10  any of the following cases:

11         (k)  An applicant for license as an independent or

12  company employee adjuster who has the designation of

13  Accredited Claims Adjuster (ACA) from a regionally accredited

14  postsecondary institution in this state, Professional Claims

15  Adjuster (PCA) from the Professional Career Institute,

16  Professional Property Insurance Adjuster (PPIA) from the

17  HurriClaim Training Academy, or Certified Claims Adjuster

18  (CCA) from the Association of Property and Casualty Claims

19  Professionals whose curriculum has been approved by the

20  department and whose curriculum includes comprehensive

21  analysis of basic property and casualty lines of insurance and

22  testing at least equal to that of standard department testing

23  for the all-lines adjuster license. The department shall adopt

24  rules establishing standards for the approval of curriculum.

25         Section 2.  Section 626.7851, Florida Statutes, is

26  amended to read:

27         626.7851  Requirement as to knowledge, experience, or

28  instruction.--No applicant for a license as a life agent,

29  except for a chartered life underwriter (CLU), shall be

30  qualified or licensed unless within the 4 years immediately

31  

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    Florida Senate - 2007                           CS for SB 2702
    597-2470-07




 1  preceding the date the application for a license is filed with

 2  the department he or she has:

 3         (1)  Successfully completed 40 hours of classroom

 4  courses in insurance, 3 hours of which shall be on the subject

 5  matter of ethics, satisfactory to the department at a school

 6  or college, or extension division thereof, or other authorized

 7  course of study, approved by the department. Courses must

 8  include instruction on the subject matter of unauthorized

 9  entities engaging in the business of insurance, to include the

10  Florida Nonprofit Multiple-Employer Welfare Arrangement Act

11  and the Employee Retirement Income Security Act, 29 U.S.C. ss.

12  1001 et seq., as it relates to the provision of life insurance

13  by employers to their employees and the regulation thereof;

14         (2)  Successfully completed a correspondence course in

15  insurance, 3 hours of which shall be on the subject matter of

16  ethics, satisfactory to the department and regularly offered

17  by accredited institutions of higher learning in this state or

18  by independent programs of study, approved by the department.

19  Courses must include instruction on the subject matter of

20  unauthorized entities engaging in the business of insurance,

21  to include the Florida Nonprofit Multiple-Employer Welfare

22  Arrangement Act and the Employee Retirement Income Security

23  Act, 29 U.S.C. ss. 1001 et seq., as it relates to the

24  provision of life insurance by employers to their employees

25  and the regulation thereof;

26         (3)  Held an active license in life, or life and

27  health, insurance in another state.  This provision may not be

28  utilized unless the other state grants reciprocal treatment to

29  licensees formerly licensed in Florida; or

30         (4)  Been employed by the department or office for at

31  least 1 year, full time in life or life and health insurance

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    Florida Senate - 2007                           CS for SB 2702
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 1  regulatory matters and who was not terminated for cause, and

 2  application for examination is made within 90 days after the

 3  date of termination of his or her employment with the

 4  department or office.

 5         Section 3.  Section 626.8311, Florida Statutes, is

 6  amended to read:

 7         626.8311  Requirement as to knowledge, experience, or

 8  instruction.--No applicant for a license as a health agent,

 9  except for a chartered life underwriter (CLU), shall be

10  qualified or licensed unless within the 4 years immediately

11  preceding the date the application for license is filed with

12  the department he or she has:

13         (1)  Successfully completed 40 hours of classroom

14  courses in insurance, 3 hours of which shall be on the subject

15  matter of ethics, satisfactory to the department at a school

16  or college, or extension division thereof, or other authorized

17  course of study, approved by the department. Courses must

18  include instruction on the subject matter of unauthorized

19  entities engaging in the business of insurance, to include the

20  Florida Nonprofit Multiple-Employer Welfare Arrangement Act

21  and the Employee Retirement Income Security Act, 29 U.S.C. ss.

22  1001 et seq., as it relates to the provision of health

23  insurance by employers to their employees and the regulation

24  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,

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    Florida Senate - 2007                           CS for SB 2702
    597-2470-07




 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 health insurance by employers to their employees

 5  and the regulation thereof;

 6         (3)  Held an active license in health, 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 health insurance regulatory matters

12  and who was not terminated for cause, and application for

13  examination is made within 90 days after the date of

14  termination of his or her employment with the department or

15  office.

16         Section 4.  Effective January 1, 2008, subsection (1)

17  of section 626.747, Florida Statutes, is amended to read:

18         626.747  Branch agencies.--

19         (1)(a)  Each branch place of business established by an

20  agent or agency, firm, corporation, or association shall be in

21  the active full-time charge of a licensed general lines agent

22  or life or health agent who is appointed to represent one or

23  more insurers. Any agent or agency, firm, corporation, or

24  association which has established one or more branch places of

25  business shall be required to have at least one licensed

26  general lines agent who is appointed to represent one or more

27  insurers at each location of the agency including its

28  headquarters location.

29         (b)  Notwithstanding paragraph (a), the licensed agent

30  in charge of an insurance agency may also be the agent in

31  charge of additional branch office locations of the agency if

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    Florida Senate - 2007                           CS for SB 2702
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 1  insurance activities requiring licensure as an insurance agent

 2  do not occur at any location when the agent is not physically

 3  present and unlicensed employees at the location do not engage

 4  in any insurance activities requiring licensure as an

 5  insurance agent or customer service representative.

 6         Section 5.  Subsection (2) of section 626.865, Florida

 7  Statutes, is amended to read:

 8         626.865  Public adjuster's qualifications, bond.--

 9         (2)  At the time of application for license as a public

10  adjuster, the applicant shall file with the department a bond

11  executed and issued by a surety insurer authorized to transact

12  such business in this state, in the amount of $50,000,

13  conditioned for the faithful performance of his or her duties

14  as a public adjuster under the license for which the applicant

15  has applied, and thereafter maintain the bond unimpaired

16  throughout the existence of the license and for at least 1

17  year after termination of the license for. The bond shall be

18  in favor of the department and shall specifically authorize

19  recovery by the department of the damages sustained in case

20  the licensee is guilty of fraud or unfair practices in

21  connection with his or her business as public adjuster. The

22  aggregate liability of the surety for all such damages shall

23  in no event exceed the amount of the bond.  Such bond shall

24  not be terminated unless at least 30 days' written notice is

25  given to the licensee and filed with the department.

26         Section 6.  Paragraph (c) of subsection (4) of section

27  626.869, Florida Statutes, is amended to read:

28         626.869  License, adjusters.--

29         (4)

30         (c)  The department shall adopt rules necessary to

31  implement and administer the continuing education requirements

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    Florida Senate - 2007                           CS for SB 2702
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 1  of this subsection. For good cause shown, the department may

 2  grant an extension of time during which the requirements

 3  imposed by this section may be completed, but such extension

 4  of time may not exceed 1 year.

 5         Section 7.  Section 626.8698, Florida Statutes, is

 6  amended to read:

 7         626.8698  Disciplinary guidelines for public

 8  adjusters.--The department may deny, suspend, or revoke the

 9  license of a public adjuster, and administer a fine not to

10  exceed $5,000 per act, for any of the following:

11         (1)  Violating any provision of this chapter or a rule

12  or order of the department office or commission;

13         (2)  Receiving payment or anything of value as a result

14  of an unfair or deceptive practice;

15         (3)  Receiving or accepting any fee, kickback, or other

16  thing of value pursuant to any agreement or understanding,

17  oral or otherwise; entering into a split-fee arrangement with

18  another person who is not a public adjuster; or being

19  otherwise paid or accepting payment for services that have not

20  been performed;

21         (4)  Violating s. 316.066 or s. 817.234;

22         (5)  Soliciting or otherwise taking advantage of a

23  person who is vulnerable, emotional, or otherwise upset as the

24  result of a trauma, accident, or other similar occurrence; or

25         (6)  Violating any ethical rule of the department.

26         Section 8.  Paragraphs (a) and (c) of section 626.921,

27  Florida Statutes, are amended to read:

28         626.921  Florida Surplus Lines Service Office.--

29         (5)(a)  The association shall submit to the office a

30  plan of operation, and any amendments thereto, to provide

31  operating procedures for the administration of the service

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    Florida Senate - 2007                           CS for SB 2702
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 1  office. The plan of operation and any amendments thereto shall

 2  become effective upon approval by order of the office. The

 3  association shall submit to the department an agents' manual,

 4  and any amendments thereto, which shall provide administrative

 5  procedures that surplus lines insurance agents must follow

 6  with respect to their duties to the service office. The manual

 7  shall be prepared in cooperation with the department, and any

 8  changes, updates, or amendments shall be submitted to the

 9  department before distribution. The manual shall be approved

10  by order of the department.

11         (c)  All surplus lines agents licensed in this state

12  must comply with the plan of operation and the agent's manual.

13         Section 9.  Section 626.9611, Florida Statutes, is

14  amended to read:

15         626.9611  Rules.--

16         (1)  The department or commission may, in accordance

17  with chapter 120, adopt reasonable rules as are necessary or

18  proper to identify specific methods of competition or acts or

19  practices which are prohibited by s. 626.9541 or s. 626.9551,

20  but the rules shall not enlarge upon or extend the provisions

21  of ss. 626.9541 and 626.9551.

22         (2)  The department and the commission shall, in

23  accordance with chapter 120, adopt rules to protect members of

24  the United States Armed Forces from dishonest or predatory

25  insurance sales practices by insurers and insurance agents.

26  The rules shall identify specific false, misleading,

27  deceptive, or unfair methods of competition, acts, or

28  practices which are prohibited by s. 626.9541 or s. 626.9551.

29  The rules shall be based upon model rules or model laws

30  adopted by the National Association of Insurance Commissioners

31  which identify certain insurance practices involving the

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    Florida Senate - 2007                           CS for SB 2702
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 1  solicitation or sale of insurance and annuities to members of

 2  the United States Armed Forces which are false, misleading,

 3  deceptive, or unfair.

 4         Section 10.  For the 2007-2008 fiscal year, the sum of

 5  $132,000 in nonrecurring funds is appropriated from the

 6  Insurance Regulatory Trust Fund to the Department of Financial

 7  Services for computer system changes necessary to implement

 8  the provisions of s. 626.747, Florida Statutes.

 9         Section 11.  Except as otherwise expressly provided in

10  this act, this act shall take effect July 1, 2007.

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    Florida Senate - 2007                           CS for SB 2702
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2702

 3                                 

 4  The committee substitute provides the following changes:

 5  1.   Allows an insurance agent to be in charge of more than
         one agency location.
 6  
    2.   Requires the Department of Financial Services (DFS) and
 7       the Financial Services Commission to adopt rules to
         protect service members of the United States Armed Forces
 8       from dishonest and predatory insurance sales practices by
         insurers and insurance agents.
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    3.   Allows correspondence courses to be approved by the DFS
10       for satisfying the pre-licensing education requirements
         for obtaining a life or health insurance agent license.
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    4.   Specifies that the surety bond required for a public
12       adjuster must be maintained continuously and until one
         year after termination of the license.
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    5.   Provides that the current exemptions from taking the
14       examination for an adjuster's license for persons who
         complete certain educational programs apply to persons
15       who are applying for an independent adjuster or company
         employee adjuster license (and, therefore, do not apply
16       to applicants for a public adjuster licensee).

17  6.   Allows the DFS to extend the deadline for up to one year
         for an insurance adjuster to meet continuing education
18       requirements, for good cause.

19  7.   Clarifies that the agent manual of the Florida Surplus
         Lines Service Office must be approved by the DFS.
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    8.   Provides an appropiation of $132,000 to the DFS from the
21       Insurance Regulatory Trust fund to make necessary
         computer system changes to comply with the bill's
22       provisions.

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