| 1 | A bill to be entitled |
| 2 | An act relating to insurance; requiring a specified amount |
| 3 | of contributions paid to the Florida Retirement System to |
| 4 | be distributed to the Florida Hurricane Catastrophe Fund |
| 5 | for certain purposes; providing criteria for the |
| 6 | reimbursement of such distributions; amending s. 626.221, |
| 7 | F.S.; expanding list of applicants eligible for exemption |
| 8 | from certain examination requirements; amending s. |
| 9 | 626.2815, F.S.; revising certain continuing education |
| 10 | applicability requirements; prohibiting certain entities |
| 11 | from imposing certain continuing education requirements; |
| 12 | providing exceptions and limitations; providing an |
| 13 | exception to certain examination monitoring requirements; |
| 14 | providing exception requirements; revising duties of a |
| 15 | continuing education advisory board; amending s. 626.311, |
| 16 | F.S.; authorizing agents qualifying as unaffiliated |
| 17 | insurance consultants to transact insurance business |
| 18 | within the scope of the agent's license; providing a |
| 19 | definition; providing requirements for qualifying or |
| 20 | continuing to qualify as an unaffiliated insurance |
| 21 | consultant; specifying prohibited activities for |
| 22 | unaffiliated insurance consultants; amending s. 626.381, |
| 23 | F.S.; authorizing appointing entities to impose certain |
| 24 | training program requirements; providing a limitation; |
| 25 | limiting appointment authority of appointing entities to |
| 26 | persons meeting continuing education requirements; |
| 27 | prohibiting appointments contingent upon certain |
| 28 | continuing education course attendance; providing an |
| 29 | effective date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Effective June 1, 2008, an amount equal to the |
| 34 | lesser of 5 percent of the annual accumulated employee |
| 35 | contributions paid to the Florida Retirement System or 10 |
| 36 | percent of the Florida Hurricane Catastrophe Fund exposure shall |
| 37 | be deducted from the annual accumulated employee contributions |
| 38 | of the Florida Retirement System and distributed to the Florida |
| 39 | Hurricane Catastrophe Fund. Underwriting profits from the |
| 40 | Florida Hurricane Catastrophe Fund shall be used to make annual |
| 41 | interest payments to the Florida Retirement System at the 1-year |
| 42 | London Interbank Offered Rate. In a year in which the Florida |
| 43 | Hurricane Catastrophe Fund experiences a loss, interest shall |
| 44 | accrue on the Florida Retirement System investment, and the |
| 45 | Florida Hurricane Catastrophe Fund shall pay back this interest |
| 46 | to the Florida Retirement System in the next year that the |
| 47 | Florida Hurricane Catastrophe Fund experiences a profit. |
| 48 | Section 2. Paragraph (j) of subsection (2) of section |
| 49 | 626.221, Florida Statutes, is amended to read: |
| 50 | 626.221 Examination requirement; exemptions.-- |
| 51 | (2) However, no such examination shall be necessary in any |
| 52 | of the following cases: |
| 53 | (j) An applicant for license as a customer representative |
| 54 | who has earned the designation of Accredited Advisor in |
| 55 | Insurance (AAI) from the Insurance Institute of America, the |
| 56 | designation of Certified Insurance Counselor (CIC) from the |
| 57 | Society of Certified Insurance Service Counselors, the |
| 58 | designation of Accredited Customer Service Representative (ACSR) |
| 59 | from the Independent Insurance Agents of America, the |
| 60 | designation of Certified Professional Service Representative |
| 61 | (CPSR) from the National Foundation for Certified Professional |
| 62 | Service Representatives, the designation of Certified Insurance |
| 63 | Service Representative (CISR) from the Society of Certified |
| 64 | Insurance Service Representatives. Also, an applicant for |
| 65 | license as a customer representative who has earned an Associate |
| 66 | of Arts degree, Associate of Science degree, or Associate of |
| 67 | Applied Science degree in insurance from an accredited college |
| 68 | or university with at least 9 academic hours of property and |
| 69 | casualty insurance curriculum, or has earned the designation of |
| 70 | Certified Customer Service Representative (CCSR) from the |
| 71 | Florida Association of Insurance Agents, or the designation of |
| 72 | Registered Customer Service Representative (RCSR) from a |
| 73 | regionally accredited postsecondary institution in this state, |
| 74 | or the designation of Professional Customer Service |
| 75 | Representative (PCSR) from the Professional Career Institute, |
| 76 | whose curriculum has been approved by the department and whose |
| 77 | curriculum includes comprehensive analysis of basic property and |
| 78 | casualty lines of insurance and testing at least equal to that |
| 79 | of standard department testing for the customer representative |
| 80 | license. The department shall adopt rules establishing standards |
| 81 | for the approval of curriculum. |
| 82 | Section 3. Subsection (2), paragraph (f) of subsection |
| 83 | (3), paragraph (j) of subsection (4), and paragraph (a) of |
| 84 | subsection (6) of section 626.2815, Florida Statutes, are |
| 85 | amended to read: |
| 86 | 626.2815 Continuing education required; application; |
| 87 | exceptions; requirements; penalties.-- |
| 88 | (2) Except as otherwise provided in this section, the |
| 89 | provisions of this section apply to persons licensed to engage |
| 90 | in the sale of insurance in this state for all lines of |
| 91 | insurance for which an examination is required for licensing and |
| 92 | to any insurer, employer, or appointing entity, including those |
| 93 | created or existing pursuant to s. 627.351. The provisions of |
| 94 | this section shall not apply to any person holding a license for |
| 95 | the sale of any line of insurance for which an examination is |
| 96 | not required by the laws of this state, nor shall the provisions |
| 97 | of this section apply to any limited license as the department |
| 98 | may exempt by rule. |
| 99 | (3) |
| 100 | (f) Compliance with continuing education requirements is a |
| 101 | condition precedent to the issuance, continuation, |
| 102 | reinstatement, or renewal of any appointment subject to this |
| 103 | section. |
| 104 | 1. An appointing entity, except those that appoint |
| 105 | individuals who are employees or exclusive independent |
| 106 | contractors of the appointing entity, may not require, directly |
| 107 | or indirectly, as a condition of such appointment or the |
| 108 | continuation of such appointment, the taking of an approved |
| 109 | course or program by any appointee or potential appointee that |
| 110 | is not of the appointee's choosing. |
| 111 | 2. Any entity created or existing pursuant to s. 627.351 |
| 112 | may require employees to take training of any type relevant to |
| 113 | their employment but may not require appointees who are not also |
| 114 | employees to take any approved course or program unless the |
| 115 | course or program deals solely with the appointing entity's |
| 116 | internal procedures or products or subjects substantially unique |
| 117 | to the appointing entity. |
| 118 | (4) The following courses may be completed in order to |
| 119 | meet the continuing education course requirements: |
| 120 | (j) Any course, including courses relating to agency |
| 121 | management or errors and omissions, developed or sponsored by |
| 122 | any authorized insurer or recognized agents' association or |
| 123 | insurance trade association or any independent study program of |
| 124 | instruction, subject to approval by the department, qualifies |
| 125 | for the equivalency of the number of classroom hours assigned |
| 126 | thereto by the department. However, unless otherwise provided in |
| 127 | this section, continuing education hours may not be credited |
| 128 | toward meeting the requirements of this section unless the |
| 129 | course is provided by classroom instruction or results in a |
| 130 | monitored examination. A monitored examination is not required |
| 131 | for: |
| 132 | 1. An independent study program of instruction that is |
| 133 | presented through interactive, online technology that the |
| 134 | department determines has sufficient internal testing to |
| 135 | validate the student's full comprehension of the materials |
| 136 | presented; or |
| 137 | 2. An independent study program of instruction presented |
| 138 | by correspondence for insurance agents and adjusters that |
| 139 | imposes a final closed book examination that meets the |
| 140 | requirements of the department's rule for self-study courses. |
| 141 | The examination may be taken without a proctor provided the |
| 142 | student presents to the department a sworn affidavit certifying |
| 143 | that the student did not consult any written materials or |
| 144 | receive outside assistance of any kind or from any person, |
| 145 | directly or indirectly, while taking the examination. If the |
| 146 | student is an employee of an agency or corporate entity, the |
| 147 | student's supervisor or a manager or owner of the agency or |
| 148 | corporate entity must also sign the sworn affidavit. If the |
| 149 | student is self-employed, a sole proprietor, or a partner, or if |
| 150 | the examination is administered online, the sworn affidavit must |
| 151 | also be signed by a disinterested third party. The sworn |
| 152 | affidavit must be received by the approved provider prior to |
| 153 | reporting continuing education credits to the department. |
| 154 | (6)(a) There is created an 11-member continuing education |
| 155 | advisory board to be appointed by the Chief Financial Officer. |
| 156 | Appointments shall be for terms of 4 years. The purpose of the |
| 157 | board is to advise the department in determining standards by |
| 158 | which courses may be evaluated and categorized as basic, |
| 159 | intermediate, or advanced, and to advise on issues related to |
| 160 | appointments based upon appointees meeting continuing education |
| 161 | requirements. The board shall submit recommendations to the |
| 162 | department of changes needed in such criteria not less |
| 163 | frequently than every 2 years. The department shall require all |
| 164 | approved course providers to submit courses for approval to the |
| 165 | department using the criteria. All materials, brochures, and |
| 166 | advertisements related to the approved courses must specify the |
| 167 | level assigned to the course. |
| 168 | Section 4. Subsection (7) is added to section 626.311, |
| 169 | Florida Statutes, to read: |
| 170 | 626.311 Scope of license.-- |
| 171 | (7) Subject to the limitations of paragraph (c) and |
| 172 | notwithstanding any other provisions of this chapter, an agent |
| 173 | who qualifies as an unaffiliated insurance consultant pursuant |
| 174 | to paragraphs (a) and (b) shall be authorized to transact |
| 175 | insurance within the scope of his or her agent's license. |
| 176 | (a) For purposes of this subsection, the term |
| 177 | "unaffiliated insurance consultant" means a person who is not |
| 178 | affiliated with any insurer and chooses to practice as an |
| 179 | independent insurance consultant providing objective advice to |
| 180 | the buyers of insurance and who: |
| 181 | 1. Is licensed as an agent with respect to the type of |
| 182 | insurance for which he or she transacts the business of |
| 183 | insurance. |
| 184 | 2. Is not appointed by an insurer or other authorized |
| 185 | appointing authority. |
| 186 | 3. Does not sell or service insurance on behalf of any |
| 187 | insurer, or sell or service insurance on behalf of any insurance |
| 188 | agent or insurance agency, in connection with the sale or |
| 189 | service on behalf of an insurer or by the insurance agent or |
| 190 | insurance agency. |
| 191 | 4. Does not receive any commission or any other form of |
| 192 | direct or indirect compensation from any insurer for the sale or |
| 193 | servicing of insurance on behalf of such insurer, or receive any |
| 194 | commission or any other form of direct or indirect compensation |
| 195 | from any insurance agent or insurance agency, in connection with |
| 196 | the sale or servicing of insurance on behalf of an insurer or by |
| 197 | the insurance agent or insurance agency. |
| 198 | 5. Has provided the department with evidence that he or |
| 199 | she: |
| 200 | a. Has been licensed as an agent for a minimum of 2 years |
| 201 | with respect to the type of insurance for which he or she will |
| 202 | transact; |
| 203 | b. With respect to a general lines agent, holds a |
| 204 | Chartered Property Casualty Underwriter (CPCU), Associate in |
| 205 | Risk Management (ARM), Accredited Advisor in Insurance (AAI), or |
| 206 | Certified Insurance Counselor (CIC) designation; |
| 207 | c. With respect to a life or health agent, holds a |
| 208 | Chartered Life Underwriter (CLU) or Certified Employee Benefit |
| 209 | Specialist (CEBS) designation; |
| 210 | d. Has earned a bachelor's or graduate degree in risk |
| 211 | management or insurance from an accredited college or |
| 212 | university; |
| 213 | e. Has taught a course in risk management or insurance as |
| 214 | a professor at an accredited college or university; |
| 215 | f. Is a member of The Florida Bar; or |
| 216 | g. Meets any other requirements the department may deem |
| 217 | proper to enable the department to determine the character, |
| 218 | experience, ability, and other qualifications of the person to |
| 219 | hold himself or herself out to the public as an unaffiliated |
| 220 | insurance consultant. |
| 221 | (b)1. A person may not initially qualify as an |
| 222 | unaffiliated insurance consultant: |
| 223 | a. Except upon written request for such qualification made |
| 224 | in a form acceptable to the department under the oath of, and |
| 225 | signed by, him or her, submitted to and filed with the |
| 226 | department certifying that he or she meets the definition of an |
| 227 | unaffiliated insurance consultant pursuant to paragraph (a). |
| 228 | b. Except upon payment in advance by such person of all |
| 229 | applicable fees. For the purposes of this provision, the |
| 230 | applicable fee shall be twice the amount of the fee that would |
| 231 | apply to an insurer for an agent's original appointment. If the |
| 232 | applicant has more than one agent's license, a separate fee |
| 233 | shall be paid for each license for which the person seeks to |
| 234 | qualify as an unaffiliated insurance consultant. |
| 235 | 2. As a condition to continued qualification as an |
| 236 | unaffiliated insurance consultant, the person shall: |
| 237 | a. On a biennial basis submit a request for the |
| 238 | continuation of such qualification in a form acceptable to the |
| 239 | department under the oath of, and signed by, him or her, |
| 240 | submitted to and filed with the department certifying that he or |
| 241 | she meets the definition of an unaffiliated insurance consultant |
| 242 | under paragraph (a). |
| 243 | b. Shall pay all applicable fees. For the purposes of this |
| 244 | provision, the applicable fee shall be twice the amount of the |
| 245 | fee that would apply to an insurer for the continuation of an |
| 246 | agent's original appointment. If the unaffiliated insurance |
| 247 | consultant has more than one license, a separate fee shall be |
| 248 | paid for each license for which the person seeks to continue to |
| 249 | qualify as an unaffiliated insurance consultant. |
| 250 | (c) An unaffiliated insurance consultant may not: |
| 251 | 1. Hold himself or herself out as acting as the agent for |
| 252 | an insurer; |
| 253 | 2. Act as a countersigning agent for an insurer; or |
| 254 | 3. Hold himself or herself out as replacing the need for |
| 255 | an appointed agent in the placement or sale of insurance. |
| 256 | Section 5. Subsections (6) and (7) of section 626.381, |
| 257 | Florida Statutes, are renumbered as subsections (8) and (9), |
| 258 | respectively, and new subsections (6) and (7) are added to that |
| 259 | section to read: |
| 260 | 626.381 Renewal, continuation, reinstatement, or |
| 261 | termination of appointment.-- |
| 262 | (6) An appointing entity may require any appointee to |
| 263 | attend training programs exclusively on the internal procedures |
| 264 | of the appointing entity or exclusively on products |
| 265 | substantially unique to the appointing entity, in order for the |
| 266 | appointee to receive a new appointment or maintain an existing |
| 267 | appointment. However, an appointing entity may not require, |
| 268 | directly or indirectly, any appointee to attend any training |
| 269 | programs that are wholly or partially approved for general |
| 270 | continuing education credit as described in s. 626.2815. |
| 271 | (7) Each appointing entity may appoint only those persons |
| 272 | who have met the continuing education requirements of the |
| 273 | license necessary for such appointment as described in s. |
| 274 | 626.2815. However, an appointing entity may not make or allow, |
| 275 | directly or indirectly, any appointment of any appointee or |
| 276 | potential appointee to be contingent, in whole or in part, on |
| 277 | any appointee's attendance at any course that is approved, in |
| 278 | whole or in part, for continuing education credit pursuant to s. |
| 279 | 626.2815. |
| 280 | Section 6. This act shall take effect June 1, 2008. |