| 1 | Representative Nelson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 117-118 insert: |
| 5 | Section 3. Effective January 1, 2009, paragraph (j) of |
| 6 | subsection (2) of section 626.221, Florida Statutes, is amended |
| 7 | to read: |
| 8 | 626.221 Examination requirement; exemptions.-- |
| 9 | (2) However, no such examination shall be necessary in any |
| 10 | of the following cases: |
| 11 | (j) An applicant for license as a customer representative |
| 12 | who has earned the designation of Accredited Advisor in |
| 13 | Insurance (AAI) from the Insurance Institute of America, the |
| 14 | designation of Certified Insurance Counselor (CIC) from the |
| 15 | Society of Certified Insurance Service Counselors, the |
| 16 | designation of Accredited Customer Service Representative (ACSR) |
| 17 | from the Independent Insurance Agents of America, the |
| 18 | designation of Certified Professional Service Representative |
| 19 | (CPSR) from the National Foundation for Certified Professional |
| 20 | Service Representatives, the designation of Certified Insurance |
| 21 | Service Representative (CISR) from the Society of Certified |
| 22 | Insurance Service Representatives. Also, an applicant for |
| 23 | license as a customer representative who has earned an |
| 24 | associate's degree or bachelor's degree from an accredited |
| 25 | college or university with at least 9 academic hours of property |
| 26 | and casualty insurance curriculum, or the equivalent, or has |
| 27 | earned the designation of Certified Customer Service |
| 28 | Representative (CCSR) from the Florida Association of Insurance |
| 29 | Agents, or the designation of Registered Customer Service |
| 30 | Representative (RCSR) from a regionally accredited postsecondary |
| 31 | institution in this state, or the designation of Professional |
| 32 | Customer Service Representative (PCSR) from the Professional |
| 33 | Career Institute, whose curriculum has been approved by the |
| 34 | department and whose curriculum includes comprehensive analysis |
| 35 | of basic property and casualty lines of insurance and testing at |
| 36 | least equal to that of standard department testing for the |
| 37 | customer representative license. The department shall adopt |
| 38 | rules establishing standards for the approval of curriculum. |
| 39 | Section 4. Subsection (2), paragraph (f) of subsection |
| 40 | (3), and paragraph (j) of subsection (4) of section 626.2815, |
| 41 | Florida Statutes, are amended to read: |
| 42 | 626.2815 Continuing education required; application; |
| 43 | exceptions; requirements; penalties.-- |
| 44 | (2) Except as otherwise provided in this section, the |
| 45 | provisions of this section apply to persons licensed to engage |
| 46 | in the sale of insurance in this state for all lines of |
| 47 | insurance for which an examination is required for licensing and |
| 48 | to each insurer, employer, or appointing entity, including, but |
| 49 | not limited to, those created or existing pursuant to s. |
| 50 | 627.351. The provisions of this section shall not apply to any |
| 51 | person holding a license for the sale of any line of insurance |
| 52 | for which an examination is not required by the laws of this |
| 53 | state, nor shall the provisions of this section apply to any |
| 54 | limited license as the department may exempt by rule. |
| 55 | (3) |
| 56 | (f)1. Except as provided in subparagraph 2., compliance |
| 57 | with continuing education requirements is a condition precedent |
| 58 | to the issuance, continuation, reinstatement, or renewal of any |
| 59 | appointment subject to this section. |
| 60 | 2.a. An appointing entity, except one that appoints |
| 61 | individuals who are employees or exclusive independent |
| 62 | contractors of the appointing entity, may not require, directly |
| 63 | or indirectly, as a condition of such appointment or the |
| 64 | continuation of such appointment, the taking of an approved |
| 65 | course or program by any appointee or potential appointee that |
| 66 | is not of the appointee's choosing. |
| 67 | b. Any entity created or existing pursuant to s. 627.351 |
| 68 | may require employees to take training of any type relevant to |
| 69 | their employment but may not require appointees who are not |
| 70 | employees to take any approved course or program unless the |
| 71 | course or program deals solely with the appointing entity's |
| 72 | internal procedures or products or with subjects substantially |
| 73 | unique to the appointing entity. |
| 74 | (4) The following courses may be completed in order to |
| 75 | meet the continuing education course requirements: |
| 76 | (j) Any course, including courses relating to agency |
| 77 | management or errors and omissions, developed or sponsored by |
| 78 | any authorized insurer or recognized agents' association or |
| 79 | insurance trade association or any independent study program of |
| 80 | instruction, subject to approval by the department, qualifies |
| 81 | for the equivalency of the number of classroom hours assigned |
| 82 | thereto by the department. However, unless otherwise provided in |
| 83 | this section, continuing education hours may not be credited |
| 84 | toward meeting the requirements of this section unless the |
| 85 | course is provided by classroom instruction or results in a |
| 86 | monitored examination. A monitored examination is not required |
| 87 | for: |
| 88 | 1. An independent study program of instruction that is |
| 89 | presented through interactive, online technology that the |
| 90 | department determines has sufficient internal testing to |
| 91 | validate the student's full comprehension of the materials |
| 92 | presented; or |
| 93 | 2. An independent study program of instruction presented |
| 94 | on paper or in printed material that imposes a final closed book |
| 95 | examination that meets the requirements of the department's rule |
| 96 | for self-study courses. The examination may be taken without a |
| 97 | proctor provided the student presents to the provider a sworn |
| 98 | affidavit certifying that the student did not consult any |
| 99 | written materials or receive outside assistance of any kind or |
| 100 | from any person, directly or indirectly, while taking the |
| 101 | examination. If the student is an employee of an agency or |
| 102 | corporate entity, the student's supervisor or a manager or owner |
| 103 | of the agency or corporate entity must also sign the sworn |
| 104 | affidavit. If the student is self-employed, a sole proprietor, |
| 105 | or a partner, or if the examination is administered online, the |
| 106 | sworn affidavit must also be signed by a disinterested third |
| 107 | party. The sworn affidavit must be received by the approved |
| 108 | provider prior to reporting continuing education credits to the |
| 109 | department. |
| 110 | Section 5. Subsections (6) and (7) of section 626.381, |
| 111 | Florida Statutes, are renumbered as subsections (8) and (9), |
| 112 | respectively, and new subsections (6) and (7) are added to that |
| 113 | section to read: |
| 114 | 626.381 Renewal, continuation, reinstatement, or |
| 115 | termination of appointment.-- |
| 116 | (6) An appointing entity may require an appointee to |
| 117 | attend training and education programs of the appointing entity |
| 118 | in order for the appointee to receive a new appointment or |
| 119 | maintain an existing appointment. However, an appointing entity |
| 120 | may not require, directly or indirectly, any appointee to attend |
| 121 | any training programs that are wholly or partially approved for |
| 122 | general continuing education credit as provided in s. 626.2815. |
| 123 | (7) Each appointing entity may appoint only those persons |
| 124 | who have met the continuing education requirements of the |
| 125 | license necessary for such appointment as provided in s. |
| 126 | 626.2815. However, an appointing entity may not make or allow, |
| 127 | directly or indirectly, the appointment of any appointee or |
| 128 | potential appointee to be contingent, in whole or in part, on |
| 129 | any appointee's attendance at any course that is approved, in |
| 130 | whole or in part, for continuing education credit pursuant to s. |
| 131 | 626.2815. |
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| 137 | ----------------------------------------------------- |
| 138 | T I T L E A M E N D M E N T |
| 139 | Remove line 17 and insert: |
| 140 | dismissed; amending s. 626.221, F.S.; expanding the list of |
| 141 | applicants eligible for exemption from certain examination |
| 142 | requirements; amending s. 626.2815, F.S.; expanding application |
| 143 | of certain continuing education requirements; providing limited |
| 144 | exceptions to compliance with continuing education requirements |
| 145 | as a condition precedent to certain appointments; providing an |
| 146 | exception to certain examination monitoring requirements; |
| 147 | providing exception requirements; amending s. 626.381, F.S.; |
| 148 | authorizing appointing entities to require appointees to attend |
| 149 | certain training and education programs for certain purposes; |
| 150 | providing an exception; limiting an appointing entity's |
| 151 | appointment authority; prohibiting appointments to be contingent |
| 152 | upon an appointee's attendance at certain courses; providing |
| 153 | effective dates. |
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