1 | A bill to be entitled |
2 | An act relating to insurance representatives; amending s. |
3 | 626.221, F.S.; expanding the list of applicants eligible |
4 | for exemption from certain examination requirements; |
5 | amending s. 626.2815, F.S.; providing an exception to |
6 | certain examination monitoring requirements; providing |
7 | exception requirements; amending s. 626.311, F.S.; |
8 | authorizing agents qualifying as unaffiliated insurance |
9 | consultants to transact insurance business within the |
10 | scope of the agent's license; providing a definition; |
11 | specifying prohibited activities for unaffiliated |
12 | insurance consultants; providing effective dates. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Effective January 1, 2009, paragraph (j) of |
17 | subsection (2) of section 626.221, Florida Statutes, is amended |
18 | to read: |
19 | 626.221 Examination requirement; exemptions.-- |
20 | (2) However, no such examination shall be necessary in any |
21 | of the following cases: |
22 | (j) An applicant for license as a customer representative |
23 | who has earned the designation of Accredited Advisor in |
24 | Insurance (AAI) from the Insurance Institute of America, the |
25 | designation of Certified Insurance Counselor (CIC) from the |
26 | Society of Certified Insurance Service Counselors, the |
27 | designation of Accredited Customer Service Representative (ACSR) |
28 | from the Independent Insurance Agents of America, the |
29 | designation of Certified Professional Service Representative |
30 | (CPSR) from the National Foundation for Certified Professional |
31 | Service Representatives, the designation of Certified Insurance |
32 | Service Representative (CISR) from the Society of Certified |
33 | Insurance Service Representatives. Also, an applicant for |
34 | license as a customer representative who has earned an |
35 | associate's degree or bachelor's degree from an accredited |
36 | college or university with at least 9 academic hours of property |
37 | and casualty insurance curriculum, or the equivalent, or has |
38 | earned the designation of Certified Customer Service |
39 | Representative (CCSR) from the Florida Association of Insurance |
40 | Agents, or the designation of Registered Customer Service |
41 | Representative (RCSR) from a regionally accredited postsecondary |
42 | institution in this state, or the designation of Professional |
43 | Customer Service Representative (PCSR) from the Professional |
44 | Career Institute, whose curriculum has been approved by the |
45 | department and whose curriculum includes comprehensive analysis |
46 | of basic property and casualty lines of insurance and testing at |
47 | least equal to that of standard department testing for the |
48 | customer representative license. The department shall adopt |
49 | rules establishing standards for the approval of curriculum. |
50 | Section 2. Paragraph (j) of subsection (4) of section |
51 | 626.2815, Florida Statutes, is amended to read: |
52 | 626.2815 Continuing education required; application; |
53 | exceptions; requirements; penalties.-- |
54 | (4) The following courses may be completed in order to |
55 | meet the continuing education course requirements: |
56 | (j) Any course, including courses relating to agency |
57 | management or errors and omissions, developed or sponsored by |
58 | any authorized insurer or recognized agents' association or |
59 | insurance trade association or any independent study program of |
60 | instruction, subject to approval by the department, qualifies |
61 | for the equivalency of the number of classroom hours assigned |
62 | thereto by the department. However, unless otherwise provided in |
63 | this section, continuing education hours may not be credited |
64 | toward meeting the requirements of this section unless the |
65 | course is provided by classroom instruction or results in a |
66 | monitored examination. A monitored examination is not required |
67 | for: |
68 | 1. An independent study program of instruction that is |
69 | presented through interactive, online technology that the |
70 | department determines has sufficient internal testing to |
71 | validate the student's full comprehension of the materials |
72 | presented; or |
73 | 2. An independent study program of instruction presented |
74 | on paper or in printed material that imposes a final closed book |
75 | examination that meets the requirements of the department's rule |
76 | for self-study courses. The examination may be taken without a |
77 | proctor provided the student presents to the provider a sworn |
78 | affidavit certifying that the student did not consult any |
79 | written materials or receive outside assistance of any kind or |
80 | from any person, directly or indirectly, while taking the |
81 | examination. If the student is an employee of an agency or |
82 | corporate entity, the student's supervisor or a manager or owner |
83 | of the agency or corporate entity must also sign the sworn |
84 | affidavit. If the student is self-employed, a sole proprietor, |
85 | or a partner, or if the examination is administered online, the |
86 | sworn affidavit must also be signed by a disinterested third |
87 | party. The sworn affidavit must be received by the approved |
88 | provider prior to reporting continuing education credits to the |
89 | department. |
90 | Section 3. Effective January 1, 2009, subsection (7) is |
91 | added to section 626.311, Florida Statutes, to read: |
92 | 626.311 Scope of license.-- |
93 | (7) Subject to the limitations of paragraph (b) and |
94 | notwithstanding any other provisions of this chapter, an agent |
95 | who qualifies as an unaffiliated insurance consultant under |
96 | paragraph (a) shall be authorized to transact insurance within |
97 | the scope of his or her agent's license. |
98 | (a) For purposes of this subsection, the term |
99 | "unaffiliated insurance consultant" means a person who is not |
100 | affiliated with any insurer and chooses to practice as an |
101 | independent insurance consultant providing objective advice to |
102 | the buyers of insurance and who: |
103 | 1. Is licensed as an agent with respect to the type of |
104 | insurance for which he or she transacts the business of |
105 | insurance. |
106 | 2. Is not appointed or registered by an insurer or other |
107 | authorized appointing entity. |
108 | 3. Does not sell or service insurance on behalf of any |
109 | insurer, or sell or service insurance on behalf of any insurance |
110 | agent or insurance agency, in connection with the sale or |
111 | service on behalf of an insurer or by the insurance agent or |
112 | insurance agency. |
113 | 4. Does not receive any commission or any other form of |
114 | direct or indirect compensation from any insurer for the sale or |
115 | servicing of insurance on behalf of such insurer, or receive any |
116 | commission or any other form of direct or indirect compensation |
117 | from any insurance agent or insurance agency, in connection with |
118 | the sale or servicing of insurance on behalf of an insurer or by |
119 | the insurance agent or insurance agency. |
120 | 5. Is appointed by himself or herself with the department |
121 | and has paid the applicable fees pursuant to s. 624.501. |
122 | (b) An unaffiliated insurance consultant may not: |
123 | 1. Hold himself or herself out as acting as the agent for |
124 | an insurer; |
125 | 2. Act as a countersigning agent for an insurer; or |
126 | 3. Hold himself or herself out as replacing the need for |
127 | an appointed agent in the placement or sale of insurance. |
128 | Section 4. Except as otherwise expressly provided in this |
129 | act, this act shall take effect upon becoming a law. |