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. |