CS/CS/CS/HB 565

1
A bill to be entitled
2An act relating to insurance representatives; amending s.
3626.221, F.S.; expanding the list of applicants eligible
4for exemption from certain examination requirements;
5amending s. 626.2815, F.S.; expanding application of
6certain continuing education requirements; providing
7limited exceptions to compliance with continuing education
8requirements as a condition precedent to certain
9appointments; providing an exception to certain
10examination monitoring requirements; providing exception
11requirements; amending s. 626.311, F.S.; authorizing
12agents qualifying as unaffiliated insurance consultants to
13transact insurance business within the scope of the
14agent's license; providing a definition; specifying
15prohibited activities for unaffiliated insurance
16consultants; amending s. 626.381, F.S.; authorizing
17appointing entities to require appointees to attend
18certain training and education programs for certain
19purposes; providing an exception; limiting an appointing
20entity's appointment authority; prohibiting appointments
21to be contingent upon an appointee's attendance at certain
22courses; amending s. 627.901, F.S.; authorizing an agent
23to impose a service charge for processing an insured's
24premium installment payment to an insurance company or
25premium finance company; providing a limitation; providing
26effective dates.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Effective January 1, 2009, paragraph (j) of
31subsection (2) of section 626.221, Florida Statutes, is amended
32to read:
33     626.221  Examination requirement; exemptions.--
34     (2)  However, no such examination shall be necessary in any
35of the following cases:
36     (j)  An applicant for license as a customer representative
37who has earned the designation of Accredited Advisor in
38Insurance (AAI) from the Insurance Institute of America, the
39designation of Certified Insurance Counselor (CIC) from the
40Society of Certified Insurance Service Counselors, the
41designation of Accredited Customer Service Representative (ACSR)
42from the Independent Insurance Agents of America, the
43designation of Certified Professional Service Representative
44(CPSR) from the National Foundation for Certified Professional
45Service Representatives, the designation of Certified Insurance
46Service Representative (CISR) from the Society of Certified
47Insurance Service Representatives. Also, an applicant for
48license as a customer representative who has earned an
49associate's degree or bachelor's degree from an accredited
50college or university with at least 9 academic hours of property
51and casualty insurance curriculum, or the equivalent, or has
52earned the designation of Certified Customer Service
53Representative (CCSR) from the Florida Association of Insurance
54Agents, or the designation of Registered Customer Service
55Representative (RCSR) from a regionally accredited postsecondary
56institution in this state, or the designation of Professional
57Customer Service Representative (PCSR) from the Professional
58Career Institute, whose curriculum has been approved by the
59department and whose curriculum includes comprehensive analysis
60of basic property and casualty lines of insurance and testing at
61least equal to that of standard department testing for the
62customer representative license. The department shall adopt
63rules establishing standards for the approval of curriculum.
64     Section 2.  Subsection (2), paragraph (f) of subsection
65(3), and paragraph (j) of subsection (4) of section 626.2815,
66Florida Statutes, are amended to read:
67     626.2815  Continuing education required; application;
68exceptions; requirements; penalties.--
69     (2)  Except as otherwise provided in this section, the
70provisions of this section apply to persons licensed to engage
71in the sale of insurance in this state for all lines of
72insurance for which an examination is required for licensing and
73to each insurer, employer, or appointing entity, including, but
74not limited to, those created or existing pursuant to s.
75627.351. The provisions of this section shall not apply to any
76person holding a license for the sale of any line of insurance
77for which an examination is not required by the laws of this
78state, nor shall the provisions of this section apply to any
79limited license as the department may exempt by rule.
80     (3)
81     (f)1.  Except as provided in subparagraph 2., compliance
82with continuing education requirements is a condition precedent
83to the issuance, continuation, reinstatement, or renewal of any
84appointment subject to this section.
85     2.a.  An appointing entity, except one that appoints
86individuals who are employees or exclusive independent
87contractors of the appointing entity, may not require, directly
88or indirectly, as a condition of such appointment or the
89continuation of such appointment, the taking of an approved
90course or program by any appointee or potential appointee that
91is not of the appointee's choosing.
92     b.  Any entity created or existing pursuant to s. 627.351
93may require employees to take training of any type relevant to
94their employment but may not require appointees who are not
95employees to take any approved course or program unless the
96course or program deals solely with the appointing entity's
97internal procedures or products or with subjects substantially
98unique to the appointing entity.
99     (4)  The following courses may be completed in order to
100meet the continuing education course requirements:
101     (j)  Any course, including courses relating to agency
102management or errors and omissions, developed or sponsored by
103any authorized insurer or recognized agents' association or
104insurance trade association or any independent study program of
105instruction, subject to approval by the department, qualifies
106for the equivalency of the number of classroom hours assigned
107thereto by the department. However, unless otherwise provided in
108this section, continuing education hours may not be credited
109toward meeting the requirements of this section unless the
110course is provided by classroom instruction or results in a
111monitored examination. A monitored examination is not required
112for:
113     1.  An independent study program of instruction that is
114presented through interactive, online technology that the
115department determines has sufficient internal testing to
116validate the student's full comprehension of the materials
117presented; or
118     2.  An independent study program of instruction presented
119on paper or in printed material that imposes a final closed book
120examination that meets the requirements of the department's rule
121for self-study courses. The examination may be taken without a
122proctor provided the student presents to the provider a sworn
123affidavit certifying that the student did not consult any
124written materials or receive outside assistance of any kind or
125from any person, directly or indirectly, while taking the
126examination. If the student is an employee of an agency or
127corporate entity, the student's supervisor or a manager or owner
128of the agency or corporate entity must also sign the sworn
129affidavit. If the student is self-employed, a sole proprietor,
130or a partner, or if the examination is administered online, the
131sworn affidavit must also be signed by a disinterested third
132party. The sworn affidavit must be received by the approved
133provider prior to reporting continuing education credits to the
134department.
135     Section 3.  Effective January 1, 2009, subsection (7) is
136added to section 626.311, Florida Statutes, to read:
137     626.311  Scope of license.--
138     (7)  Subject to the limitations of paragraph (b) and
139notwithstanding any other provisions of this chapter, an agent
140who qualifies as an unaffiliated insurance consultant under
141paragraph (a) shall be authorized to transact insurance within
142the scope of his or her agent's license.
143     (a)  For purposes of this subsection, the term
144"unaffiliated insurance consultant" means a person who is not
145affiliated with any insurer and chooses to practice as an
146independent insurance consultant providing objective advice to
147the buyers of insurance and who:
148     1.  Is licensed as an agent with respect to the type of
149insurance for which he or she transacts the business of
150insurance.
151     2.  Is not appointed or registered by an insurer or other
152authorized appointing entity.
153     3.  Does not sell or service insurance on behalf of any
154insurer, or sell or service insurance on behalf of any insurance
155agent or insurance agency, in connection with the sale or
156service on behalf of an insurer or by the insurance agent or
157insurance agency.
158     4.  Does not receive any commission or any other form of
159direct or indirect compensation from any insurer for the sale or
160servicing of insurance on behalf of such insurer, or receive any
161commission or any other form of direct or indirect compensation
162from any insurance agent or insurance agency, in connection with
163the sale or servicing of insurance on behalf of an insurer or by
164the insurance agent or insurance agency.
165     5.  Is appointed by himself or herself with the department
166and has paid the applicable fees pursuant to s. 624.501.
167     (b)  An unaffiliated insurance consultant may not:
168     1.  Hold himself or herself out as acting as the agent for
169an insurer;
170     2.  Act as a countersigning agent for an insurer; or
171     3.  Hold himself or herself out as replacing the need for
172an appointed agent in the placement or sale of insurance.
173     Section 4.  Subsections (6) and (7) of section 626.381,
174Florida Statutes, are renumbered as subsections (8) and (9),
175respectively, and new subsections (6) and (7) are added to that
176section to read:
177     626.381  Renewal, continuation, reinstatement, or
178termination of appointment.--
179     (6)  An appointing entity may require an appointee to
180attend training and education programs of the appointing entity
181in order for the appointee to receive a new appointment or
182maintain an existing appointment. However, an appointing entity
183may not require, directly or indirectly, any appointee to attend
184any training programs that are wholly or partially approved for
185general continuing education credit as provided in s. 626.2815.
186     (7)  Each appointing entity may appoint only those persons
187who have met the continuing education requirements of the
188license necessary for such appointment as provided in s.
189626.2815. However, an appointing entity may not make or allow,
190directly or indirectly, the appointment of any appointee or
191potential appointee to be contingent, in whole or in part, on
192any appointee's attendance at any course that is approved, in
193whole or in part, for continuing education credit pursuant to s.
194626.2815.
195     Section 5.  Subsection (1) of section 627.901, Florida
196Statutes, is amended to read:
197     627.901  Premium financing by an insurance agent or
198agency.--
199     (1)  A general lines agent may make reasonable service
200charges for financing insurance premiums on policies issued or
201business produced by such an agent or agency, s. 626.9541
202notwithstanding. The service charge shall not exceed $3 per
203installment. The maximum service charge shall not exceed $36 per
204year. In lieu of such service charges, an insurance agent or
205agency, at the sole discretion of such agent or agency, may
206charge a rate of interest not to exceed 18 percent simple
207interest per year on:
208     (a)  The unpaid balance; or
209     (b)  The average unpaid balance as billed over the term of
210the policy and subject to endorsement changes. The interest
211authorized by this paragraph may be billed in equal
212installments.
213
214The agent may also impose a service charge for processing, as a
215convenience and accommodation to the insured, a premium
216installment payment to an insurance company or premium finance
217company which the insured could have made directly. The agent
218may not collect more than one service charge on any one payment.
219     Section 6.  Except as otherwise expressly provided in this
220act, this act shall take effect upon becoming a law.


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