| 1 | Representative 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  | 
| 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 | 
  | 
| 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. |