Amendment
Bill No. CS/CS/SB 2082
Amendment No. 520747
CHAMBER ACTION
Senate House
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1Representative Nelson offered the following:
2
3     Amendment (with title amendment)
4     Remove line 544 and insert:
5     Section 12.  Paragraph (j) of subsection (2) of section
6626.221, Florida Statutes, is amended to read:
7     626.221  Examination requirement; exemptions.--
8     (2)  However, no such examination shall be necessary in any
9of the following cases:
10     (j)  An applicant for license as a customer representative
11who has earned the designation of Accredited Advisor in
12Insurance (AAI) from the Insurance Institute of America, the
13designation of Certified Insurance Counselor (CIC) from the
14Society of Certified Insurance Service Counselors, the
15designation of Accredited Customer Service Representative (ACSR)
16from the Independent Insurance Agents of America, the
17designation of Certified Professional Service Representative
18(CPSR) from the National Foundation for Certified Professional
19Service Representatives, the designation of Certified Insurance
20Service Representative (CISR) from the Society of Certified
21Insurance Service Representatives. Also, an applicant for
22license as a customer representative who has earned an
23associate's degree or bachelor's degree from an accredited
24college or university with at least 9 academic hours, or the
25equivalent, of property and casualty insurance curriculum, or
26has earned the designation of Certified Customer Service
27Representative (CCSR) from the Florida Association of Insurance
28Agents, or the designation of Registered Customer Service
29Representative (RCSR) from a regionally accredited postsecondary
30institution in this state, or the designation of Professional
31Customer Service Representative (PCSR) from the Professional
32Career Institute, whose curriculum has been approved by the
33department and whose curriculum includes comprehensive analysis
34of basic property and casualty lines of insurance and testing at
35least equal to that of standard department testing for the
36customer representative license. The department shall adopt
37rules establishing standards for the approval of curriculum.
38     Section 13.  Effective upon this act becoming law,
39subsection (2), paragraph (f) of subsection (3), and paragraph
40(j) of subsection (4) of section 626.2815, Florida Statutes, are
41amended to read:
42     626.2815  Continuing education required; application;
43exceptions; requirements; penalties.--
44     (2)  Except as otherwise provided in this section, the
45provisions of this section apply to persons licensed to engage
46in the sale of insurance in this state for all lines of
47insurance for which an examination is required for licensing and
48to each insurer, employer, or appointing entity, including, but
49not limited to, those created or existing pursuant to s.
50627.351. The provisions of this section shall not apply to any
51person holding a license for the sale of any line of insurance
52for which an examination is not required by the laws of this
53state, nor shall the provisions of this section apply to any
54limited license as the department may exempt by rule.
55     (3)
56     (f)1. Except as provided in subparagraph 2., compliance
57with continuing education requirements is a condition precedent
58to the issuance, continuation, reinstatement, or renewal of any
59appointment subject to this section.
60     2.a.  An appointing entity, except one that appoints
61individuals who are employees or exclusive independent
62contractors of the appointing entity, may not require, directly
63or indirectly, as a condition of such appointment or the
64continuation of such appointment, the taking of an approved
65course or program by any appointee or potential appointee that
66is not of the appointee's choosing.
67     b.  Any entity created or existing pursuant to s. 627.351
68may require employees to take training of any type relevant to
69their employment but may not require appointees who are not also
70employees to take any approved course or program unless the
71course or program deals solely with the appointing entity's
72internal procedures or products, or with subjects substantially
73unique to the appointing entity.
74     (4)  The following courses may be completed in order to
75meet the continuing education course requirements:
76     (j)  Any course, including courses relating to agency
77management or errors and omissions, developed or sponsored by
78any authorized insurer or recognized agents' association or
79insurance trade association or any independent study program of
80instruction, subject to approval by the department, qualifies
81for the equivalency of the number of classroom hours assigned
82thereto by the department. However, unless otherwise provided in
83this section, continuing education hours may not be credited
84toward meeting the requirements of this section unless the
85course is provided by classroom instruction or results in a
86monitored examination. A monitored examination is not required
87for:
88     1.  An independent study program of instruction that is
89presented through interactive, online technology that the
90department determines has sufficient internal testing to
91validate the student's full comprehension of the materials
92presented; or
93     2.  An independent study program of instruction presented
94on paper or in printed material that imposes a final closed book
95examination that meets the requirements of the department's rule
96for self-study courses. The examination may be taken without a
97proctor, provided the student presents to the provider a sworn
98affidavit certifying that the student did not consult any
99written materials or receive outside assistance of any kind or
100from any person, directly or indirectly, while taking the
101examination. If the student is an employee of an agency or
102corporate entity, the student's supervisor or a manager or owner
103of the agency or corporate entity must also sign the sworn
104affidavit. If the student is self-employed, a sole proprietor,
105or a partner, or if the examination is administered online, the
106sworn affidavit must also be signed by a disinterested third
107party. The sworn affidavit must be received by the approved
108provider prior to reporting continuing education credits to the
109department.
110     Section 14.  Effective upon this act becoming law,
111subsections (6) and (7) of section 626.381, Florida Statutes,
112are renumbered as subsections (8) and (9), respectively, and new
113subsections (6) and (7) are added to that section to read:
114     626.381  Renewal, continuation, reinstatement, or
115termination of appointment.--
116     (6)  An appointing entity may require an appointee to
117attend training and education programs of the appointing entity
118in order for the appointee to receive a new appointment or
119maintain an existing appointment. However, an appointing entity
120may not require, directly or indirectly, any appointee to attend
121any training programs that are wholly or partially approved for
122general continuing education credit as provided in s. 626.2815.
123     (7)  Each appointing entity may appoint only those persons
124who have met the continuing education requirements of the
125license necessary for such appointment as described in s.
126626.2815. However, an appointing entity may not make or allow,
127directly or indirectly, any appointment of any appointee or
128potential appointee to be contingent, in whole or in part, on
129any appointee's attendance at any course that is approved, in
130whole or in part, for continuing education credit pursuant to s.
131626.2815.
132     Section 15.  Except as otherwise expressly provided in this
133act, this act shall take effect on January 1, 2009.
134
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T I T L E  A M E N D M E N T
137     Remove line 57 and insert:
138applicability of such rules; amending s. 626.221, F.S.; revising
139requirements for an examination exemption for an applicant for
140licensure as a customer representative; amending s. 626.2815,
141F.S., relating to continuing education requirements; revising
142applicability of certain requirements; revising provisions
143relating to employee choice of courses to meet requirements;
144revising provisions relating to requirements for self-study
145courses; amending s. 626.381, F.S.; providing for appointing
146entities to have training and education requirements for
147appointments; providing limitations on such requirements;
148providing effective dates.


CODING: Words stricken are deletions; words underlined are additions.