1 | Representative Patterson offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 935 and 936, insert: |
5 | Section 6. Subsection (3) of section 626.753, Florida |
6 | Statutes, is amended to read: |
7 | 626.753 Sharing commissions; penalty.-- |
8 | (3)(a) A general lines agent may share commissions derived |
9 | from the sale of crop hail or multiple-peril crop insurance with |
10 | a production credit association organized under 12 U.S.C. ss. |
11 | 2071-2077 12 U.S.C.A. ss. 2071-2077 or a federal land bank |
12 | association organized under 12 U.S.C. ss. 2091-2098 U.S.C.A. ss. |
13 | 2091-2098 if the association has specifically approved the |
14 | insurance activity by its employees. The amount of commission to |
15 | be shared shall be determined by the general lines agent and the |
16 | company paying the commission. |
17 | (b) This subsection does not allow such shared commissions |
18 | to be used, directly or indirectly, for the purpose of providing |
19 | any patronage dividend or other payment, discount, or credit to |
20 | a member of a production credit association or federal land bank |
21 | association if the dividend, payment, discount, or credit is |
22 | directly or indirectly calculated on the basis of the premium |
23 | charged to that member for crop hail or multiple-peril crop |
24 | insurance. |
25 | (c) Any patronage dividend or other payment, discount, or |
26 | credit provided to a member of a production credit association |
27 | or federal land bank association, which dividend, payment, |
28 | discount, or credit is directly or indirectly calculated on the |
29 | basis of the premium charged to that member for crop hail or |
30 | multiple-peril crop insurance, is an unlawful rebate that |
31 | violates ss. 626.572 and 626.9541(1)(h). |
32 | (d) An agent violates this section if he or she knowingly |
33 | engages in commission sharing with a production credit |
34 | association or federal land bank association that provides |
35 | patronage dividends or other payments, discounts, or credits |
36 | which are unlawful rebates under paragraph (c). |
37 | Section 7. Paragraph (h) of subsection (1) of section |
38 | 626.9541, Florida Statutes, is amended to read: |
39 | 626.9541 Unfair methods of competition and unfair or |
40 | deceptive acts or practices defined.-- |
41 | (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE |
42 | ACTS.--The following are defined as unfair methods of |
43 | competition and unfair or deceptive acts or practices: |
44 | (h) Unlawful rebates.-- |
45 | 1. Except as otherwise expressly provided by law, or in an |
46 | applicable filing with the office, knowingly: |
47 | a. Permitting, or offering to make, or making, any |
48 | contract or agreement as to such contract other than as plainly |
49 | expressed in the insurance contract issued thereon; |
50 | b. Paying, allowing, or giving, or offering to pay, allow, |
51 | or give, directly or indirectly, as inducement to such insurance |
52 | contract, any unlawful rebate of premiums payable on the |
53 | contract, any special favor or advantage in the dividends or |
54 | other benefits thereon, or any valuable consideration or |
55 | inducement whatever not specified in the contract; |
56 | c. Giving, selling, or purchasing, or offering to give, |
57 | sell, or purchase, as inducement to such insurance contract or |
58 | in connection therewith, any stocks, bonds, or other securities |
59 | of any insurance company or other corporation, association, or |
60 | partnership, or any dividends or profits accrued thereon, or |
61 | anything of value whatsoever not specified in the insurance |
62 | contract. |
63 | 2. Nothing in paragraph (g) or subparagraph 1. of this |
64 | paragraph shall be construed as including within the definition |
65 | of discrimination or unlawful rebates: |
66 | a. In the case of any contract of life insurance or life |
67 | annuity, paying bonuses to all policyholders or otherwise |
68 | abating their premiums in whole or in part out of surplus |
69 | accumulated from nonparticipating insurance; provided that any |
70 | such bonuses or abatement of premiums is fair and equitable to |
71 | all policyholders and for the best interests of the company and |
72 | its policyholders. |
73 | b. In the case of life insurance policies issued on the |
74 | industrial debit plan, making allowance to policyholders who |
75 | have continuously for a specified period made premium payments |
76 | directly to an office of the insurer in an amount which fairly |
77 | represents the saving in collection expenses. |
78 | c. Readjustment of the rate of premium for a group |
79 | insurance policy based on the loss or expense thereunder, at the |
80 | end of the first or any subsequent policy year of insurance |
81 | thereunder, which may be made retroactive only for such policy |
82 | year. |
83 | d. Issuance of life insurance policies or annuity |
84 | contracts at rates less than the usual rates of premiums for |
85 | such policies or contracts, as group insurance or employee |
86 | insurance as defined in this code. |
87 | e. Issuing life or disability insurance policies on a |
88 | salary savings, bank draft, preauthorized check, payroll |
89 | deduction, or other similar plan at a reduced rate reasonably |
90 | related to the savings made by the use of such plan. |
91 | 3.a. No title insurer, or any member, employee, attorney, |
92 | agent, or agency thereof, shall pay, allow, or give, or offer to |
93 | pay, allow, or give, directly or indirectly, as inducement to |
94 | title insurance, or after such insurance has been effected, any |
95 | rebate or abatement of the premium or any other charge or fee, |
96 | or provide any special favor or advantage, or any monetary |
97 | consideration or inducement whatever. |
98 | b. Nothing in this subparagraph shall be construed as |
99 | prohibiting the payment of fees to attorneys at law duly |
100 | licensed to practice law in the courts of this state, for |
101 | professional services, or as prohibiting the payment of earned |
102 | portions of the premium to duly appointed agents or agencies who |
103 | actually perform services for the title insurer. Nothing in this |
104 | subparagraph shall be construed as prohibiting a rebate or |
105 | abatement of an attorney's fee charged for professional |
106 | services, or that portion of the premium that is not required to |
107 | be retained by the insurer pursuant to s. 627.782(1), or any |
108 | other agent charge or fee to the person responsible for paying |
109 | the premium, charge, or fee. |
110 | c. No insured named in a policy, or any other person |
111 | directly or indirectly connected with the transaction involving |
112 | the issuance of such policy, including, but not limited to, any |
113 | mortgage broker, real estate broker, builder, or attorney, any |
114 | employee, agent, agency, or representative thereof, or any other |
115 | person whatsoever, shall knowingly receive or accept, directly |
116 | or indirectly, any rebate or abatement of any portion of the |
117 | title insurance premium or of any other charge or fee or any |
118 | monetary consideration or inducement whatsoever, except as set |
119 | forth in sub-subparagraph b.; provided, in no event shall any |
120 | portion of the attorney's fee, any portion of the premium that |
121 | is not required to be retained by the insurer pursuant to s. |
122 | 627.782(1), any agent charge or fee, or any other monetary |
123 | consideration or inducement be paid directly or indirectly for |
124 | the referral of title insurance business. |
125 | 4. Providing a patronage dividend or other payment, |
126 | discount, or credit to a member of a production credit |
127 | association organized under 12 U.S.C. ss. 2071-2077 or a federal |
128 | land bank association organized under 12 U.S.C. ss. 2091-2098 is |
129 | an unlawful rebate if the dividend or other payment, discount, |
130 | or credit is directly or indirectly calculated on the basis of |
131 | the premium charged to that member for crop hail or multiple- |
132 | peril crop insurance. |
133 |
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134 | ----------------------------------------------------- |
135 | T I T L E A M E N D M E N T |
136 | Between lines 49 and 50, insert: |
137 | 626.753, F.S.; prohibiting certain uses of commissions derived |
138 | from the sale of crop hail or multiple-peril crop insurance |
139 | which are shared between certain agents and certain production |
140 | credit associations or federal land bank associations; providing |
141 | penalties; providing that patronage dividends and other payments |
142 | to members of production credit associations or federal land |
143 | bank associations are unlawful rebates under certain |
144 | circumstances; providing penalties for an agent who shares |
145 | commissions with a production credit association or federal land |
146 | bank association under certain circumstances; amending s. |
147 | 626.9541, F.S.; specifying that certain patronage dividends and |
148 | other payments are unfair methods of competition and unfair or |
149 | deceptive acts; providing penalties; amending s. |