1 | Representative Nelson offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line 544 and insert: |
5 | Section 12. Paragraph (j) of subsection (2) of section |
6 | 626.221, Florida Statutes, is amended to read: |
7 | 626.221 Examination requirement; exemptions.-- |
8 | (2) However, no such examination shall be necessary in any |
9 | of the following cases: |
10 | (j) An applicant for license as a customer representative |
11 | who has earned the designation of Accredited Advisor in |
12 | Insurance (AAI) from the Insurance Institute of America, the |
13 | designation of Certified Insurance Counselor (CIC) from the |
14 | Society of Certified Insurance Service Counselors, the |
15 | designation of Accredited Customer Service Representative (ACSR) |
16 | from the Independent Insurance Agents of America, the |
17 | designation of Certified Professional Service Representative |
18 | (CPSR) from the National Foundation for Certified Professional |
19 | Service Representatives, the designation of Certified Insurance |
20 | Service Representative (CISR) from the Society of Certified |
21 | Insurance Service Representatives. Also, an applicant for |
22 | license as a customer representative who has earned an |
23 | associate's degree or bachelor's degree from an accredited |
24 | college or university with at least 9 academic hours, or the |
25 | equivalent, of property and casualty insurance curriculum, or |
26 | has earned the designation of Certified Customer Service |
27 | Representative (CCSR) from the Florida Association of Insurance |
28 | Agents, or the designation of Registered Customer Service |
29 | Representative (RCSR) from a regionally accredited postsecondary |
30 | institution in this state, or the designation of Professional |
31 | Customer Service Representative (PCSR) from the Professional |
32 | Career Institute, whose curriculum has been approved by the |
33 | department and whose curriculum includes comprehensive analysis |
34 | of basic property and casualty lines of insurance and testing at |
35 | least equal to that of standard department testing for the |
36 | customer representative license. The department shall adopt |
37 | rules establishing standards for the approval of curriculum. |
38 | Section 13. Effective upon this act becoming law, |
39 | subsection (2), paragraph (f) of subsection (3), and paragraph |
40 | (j) of subsection (4) of section 626.2815, Florida Statutes, are |
41 | 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 also |
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 14. Effective upon this act becoming law, |
111 | subsections (6) and (7) of section 626.381, Florida Statutes, |
112 | are renumbered as subsections (8) and (9), respectively, and new |
113 | subsections (6) and (7) are added to that 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 described in s. |
126 | 626.2815. However, an appointing entity may not make or allow, |
127 | directly or indirectly, any 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. |
132 | Section 15. Except as otherwise expressly provided in this |
133 | act, this act shall take effect on January 1, 2009. |
134 |
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135 | ----------------------------------------------------- |
136 | T I T L E A M E N D M E N T |
137 | Remove line 57 and insert: |
138 | applicability of such rules; amending s. 626.221, F.S.; revising |
139 | requirements for an examination exemption for an applicant for |
140 | licensure as a customer representative; amending s. 626.2815, |
141 | F.S., relating to continuing education requirements; revising |
142 | applicability of certain requirements; revising provisions |
143 | relating to employee choice of courses to meet requirements; |
144 | revising provisions relating to requirements for self-study |
145 | courses; amending s. 626.381, F.S.; providing for appointing |
146 | entities to have training and education requirements for |
147 | appointments; providing limitations on such requirements; |
148 | providing effective dates. |