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. 626.331, F.S.; revising
17requirements for number of appointments permitted or
18required; amending s. 626.681, F.S.; authorizing
19appointing entities to require appointees to attend
20certain training and education programs for certain
21purposes; providing an exception; limiting an appointing
22entity's appointment authority; prohibiting appointments
23to be contingent upon an appointee's attendance at certain
24courses; providing effective dates.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Effective January 1, 2009, paragraph (j) of
29subsection (2) of section 626.221, Florida Statutes, is amended
30to read:
31     626.221  Examination requirement; exemptions.--
32     (2)  However, no such examination shall be necessary in any
33of the following cases:
34     (j)  An applicant for license as a customer representative
35who has earned the designation of Accredited Advisor in
36Insurance (AAI) from the Insurance Institute of America, the
37designation of Certified Insurance Counselor (CIC) from the
38Society of Certified Insurance Service Counselors, the
39designation of Accredited Customer Service Representative (ACSR)
40from the Independent Insurance Agents of America, the
41designation of Certified Professional Service Representative
42(CPSR) from the National Foundation for Certified Professional
43Service Representatives, the designation of Certified Insurance
44Service Representative (CISR) from the Society of Certified
45Insurance Service Representatives. Also, an applicant for
46license as a customer representative who has earned an
47associate's degree or bachelor's degree from an accredited
48college or university with at least 9 academic hours of property
49and casualty insurance curriculum, or the equivalent, or has
50earned the designation of Certified Customer Service
51Representative (CCSR) from the Florida Association of Insurance
52Agents, or the designation of Registered Customer Service
53Representative (RCSR) from a regionally accredited postsecondary
54institution in this state, or the designation of Professional
55Customer Service Representative (PCSR) from the Professional
56Career Institute, whose curriculum has been approved by the
57department and whose curriculum includes comprehensive analysis
58of basic property and casualty lines of insurance and testing at
59least equal to that of standard department testing for the
60customer representative license. The department shall adopt
61rules establishing standards for the approval of curriculum.
62     Section 2.  Subsection (2), paragraph (f) of subsection
63(3), and paragraph (j) of subsection (4) of section 626.2815,
64Florida Statutes, are amended to read:
65     626.2815  Continuing education required; application;
66exceptions; requirements; penalties.--
67     (2)  Except as otherwise provided in this section, the
68provisions of this section apply to persons licensed to engage
69in the sale of insurance in this state for all lines of
70insurance for which an examination is required for licensing and
71to each insurer, employer, or appointing entity, including, but
72not limited to, those created or existing pursuant to s.
73627.351. The provisions of this section shall not apply to any
74person holding a license for the sale of any line of insurance
75for which an examination is not required by the laws of this
76state, nor shall the provisions of this section apply to any
77limited license as the department may exempt by rule.
78     (3)
79     (f)1.  Except as provided in subparagraph 2., compliance
80with continuing education requirements is a condition precedent
81to the issuance, continuation, reinstatement, or renewal of any
82appointment subject to this section.
83     2.a.  An appointing entity, except one that appoints
84individuals who are employees or exclusive independent
85contractors of the appointing entity, may not require, directly
86or indirectly, as a condition of such appointment or the
87continuation of such appointment, the taking of an approved
88course or program by any appointee or potential appointee that
89is not of the appointee's choosing.
90     b.  Any entity created or existing pursuant to s. 627.351
91may require employees to take training of any type relevant to
92their employment but may not require appointees who are not
93employees to take any approved course or program unless the
94course or program deals solely with the appointing entity's
95internal procedures or products or with subjects substantially
96unique to the appointing entity.
97     (4)  The following courses may be completed in order to
98meet the continuing education course requirements:
99     (j)  Any course, including courses relating to agency
100management or errors and omissions, developed or sponsored by
101any authorized insurer or recognized agents' association or
102insurance trade association or any independent study program of
103instruction, subject to approval by the department, qualifies
104for the equivalency of the number of classroom hours assigned
105thereto by the department. However, unless otherwise provided in
106this section, continuing education hours may not be credited
107toward meeting the requirements of this section unless the
108course is provided by classroom instruction or results in a
109monitored examination. A monitored examination is not required
110for:
111     1.  An independent study program of instruction that is
112presented through interactive, online technology that the
113department determines has sufficient internal testing to
114validate the student's full comprehension of the materials
115presented; or
116     2.  An independent study program of instruction presented
117on paper or in printed material that imposes a final closed book
118examination that meets the requirements of the department's rule
119for self-study courses. The examination may be taken without a
120proctor provided the student presents to the provider a sworn
121affidavit certifying that the student did not consult any
122written materials or receive outside assistance of any kind or
123from any person, directly or indirectly, while taking the
124examination. If the student is an employee of an agency or
125corporate entity, the student's supervisor or a manager or owner
126of the agency or corporate entity must also sign the sworn
127affidavit. If the student is self-employed, a sole proprietor,
128or a partner, or if the examination is administered online, the
129sworn affidavit must also be signed by a disinterested third
130party. The sworn affidavit must be received by the approved
131provider prior to reporting continuing education credits to the
132department.
133     Section 3.  Effective January 1, 2009, subsection (7) is
134added to section 626.311, Florida Statutes, to read:
135     626.311  Scope of license.--
136     (7)  Subject to the limitations of paragraph (b) and
137notwithstanding any other provisions of this chapter, an agent
138who qualifies as an unaffiliated insurance consultant under
139paragraph (a) shall be authorized to transact insurance within
140the scope of his or her agent's license.
141     (a)  For purposes of this subsection, the term
142"unaffiliated insurance consultant" means a person who is not
143affiliated with any insurer and chooses to practice as an
144independent insurance consultant providing objective advice to
145the buyers of insurance and who:
146     1.  Is licensed as an agent with respect to the type of
147insurance for which he or she transacts the business of
148insurance.
149     2.  Is not appointed or registered by an insurer or other
150authorized appointing entity.
151     3.  Does not sell or service insurance on behalf of any
152insurer, or sell or service insurance on behalf of any insurance
153agent or insurance agency, in connection with the sale or
154service on behalf of an insurer or by the insurance agent or
155insurance agency.
156     4.  Does not receive any commission or any other form of
157direct or indirect compensation from any insurer for the sale or
158servicing of insurance on behalf of such insurer, or receive any
159commission or any other form of direct or indirect compensation
160from any insurance agent or insurance agency, in connection with
161the sale or servicing of insurance on behalf of an insurer or by
162the insurance agent or insurance agency.
163     5.  Is appointed by himself or herself with the department
164and has paid the applicable fees pursuant to s. 624.501.
165     (b)  An unaffiliated insurance consultant may not:
166     1.  Hold himself or herself out as acting as the agent for
167an insurer;
168     2.  Act as a countersigning agent for an insurer; or
169     3.  Hold himself or herself out as replacing the need for
170an appointed agent in the placement or sale of insurance.
171     Section 4.  Subsections (2) and (3) of section 626.331,
172Florida Statutes, are amended to read:
173     626.331  Number of appointments permitted or required.--
174     (2)  An agent shall be required to have a separate
175appointment as to each insurer by whom he or she is appointed as
176an agent. An insurance holding company may act as the appointing
177entity for all insurer members of the holding company system and
178may appoint an agent to transact insurance or adjust claims on
179behalf of two or more such insurers in a single appointment.  
180However, the insurance holding company shall pay the appointment
181fee, pursuant to s. 624.501(6) as if each individual insurer had
182appointed each agent. An agent must appoint himself or herself
183before performing the functions of a viatical settlement broker.
184     (3)  The department may issue a single appointment to an
185agent covering:
186     (a)  Both life and health insurances to an individual
187licensed as to both such kinds of insurance and appointed as
188agent as to both such kinds by the same insurer; or
189     (b)  Appointments by an insurance holding company to
190transact insurance or adjust claims on behalf of two or more
191insurers and each insurer must maintain records of such
192appointments.
193     Section 5.  Subsections (6) and (7) of section 626.381,
194Florida Statutes, are renumbered as subsections (8) and (9),
195respectively, and new subsections (6) and (7) are added to that
196section to read:
197     626.381  Renewal, continuation, reinstatement, or
198termination of appointment.--
199     (6)  An appointing entity may require an appointee to
200attend training and education programs of the appointing entity
201in order for the appointee to receive a new appointment or
202maintain an existing appointment. However, an appointing entity
203may not require, directly or indirectly, any appointee to attend
204any training programs that are wholly or partially approved for
205general continuing education credit as provided in s. 626.2815.
206     (7)  Each appointing entity may appoint only those persons
207who have met the continuing education requirements of the
208license necessary for such appointment as provided in s.
209626.2815. However, an appointing entity may not make or allow,
210directly or indirectly, the appointment of any appointee or
211potential appointee to be contingent, in whole or in part, on
212any appointee's attendance at any course that is approved, in
213whole or in part, for continuing education credit pursuant to s.
214626.2815.
215     Section 6.  Except as otherwise expressly provided in this
216act, this act shall take effect upon becoming a law.


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